170 ORDINARY MEETING 6 - cairns.qld.gov.au...Oct 10, 2018 · 2. CONCURRENCE AGENCY RESPONSE 3....

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Agenda – Ordinary Meeting 10 October 2018 - #5880544

ORDINARY MEETING

10 OCTOBER 2018 6

MATERIAL CHANGE OF USE (IMPACT) NATURE BASED TOURISM, TOURIST ATTRACTION, ENVIRONMENT FACILITY, EDUCATIONAL ESTABLISHMENT, FUNCTION FACILITY, LANDING AND SHOP – PINE CREEK – YARRABAH ROAD, EAST TRINITY – DIVISION 1 Ian Elliott-Smith | 8/8/1500| #5671473 PROPOSAL: NATURE BASED TOURISM, TOURIST

ATTRACTION, ENVIRONMENT FACILITY, EDUCATIONAL ESTABLISHMENT, FUNCTION FACILITY, LANDING AND SHOP

LANDOWNER: THE STATE OF QUEENSLAND (NPRSR) APPLICANT: MANDINGALBAY YIDINJI ABORIGINAL

CORPORATION C/- ETHOS URBAN PO BOX 205 FORTITUDE VALLEY QLD 4006 LOCATION OF SITE: PINE CREEK-YARRABAH ROAD, EAST TRINITY

PROPERTY: LOT 158 ON NR5877 PLANNING SCHEME: CAIRNSPLAN 2016 V1.2 ZONE: RURAL LOCAL PLAN: N/A REFERRAL AGENCIES: STATE ASSESSMENT AND REFERRAL

AGENCY (CONCURRENCE) AND PORTS NORTH (ADVICE) NUMBER OF SUBMITTERS: 1 STATUTORY ASSESSMENT DEADLINE: 10/10/2018 APPLICATION DATE: 02/02/2018 DIVISION: 1

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APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY RESPONSE 3. NOTICE OF INTENTION TO COMMENCE

USE 4. ACNC CHARITY REGISTER SUMMARY 5. SUPPORTING INFORMATION – ARTISTS

IMPRESSIONS LOCALITY PLAN:

RECOMMENDATION: That Council approves the Material Change of Use Development Application for Nature Based Tourism, Tourist Attraction, Environmental Facility, Educational Establishment, Function Facility, Landing and Shop over land described as Lot 158 on NR5877, located at Pine Creek-Yarrabah Road, East Trinity, subject to the following:

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APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Architectural Plans Dwg. No’s.

MYAC-DA-000-B through 013-B inclusive and MYAC-DA-015-B prepared by Philip Follent

12 September 2017

MYAC Eco-Tourism Project – Material and Colours Schedule

Unreferenced CRC Doc. No. #5891085

7 August 2017

Trinity Inlet Ecotourism Facility: Coastal and Flood Hazard Report: Concept Design Stage

Report Ref: R.B21475.001.00. FloodHazard.docx Prepared by BMT WBM CRC Doc. No. #5891029

May 2017

Trinity Inlet Ecotourism Facility: Vegetation Management Plan

Report Ref: R.B21475.003.00. Vegetation Management Plan.docx Prepared by BMT WBM CRC Doc. No. #5891036

August 2017

Visual Impact Assessment Report

Unreferenced Prepared by Catherine Brouwer Landscape Architects CRC Doc. No. #5891065

28 August 2017

Assessment Manager Conditions 1. This approval, granted under the provisions of the Planning Act 2016, shall

lapse six (6) years from the day the approval takes effect in accordance with the provisions of section 85 of the Planning Act 2016.

2. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:

a. The specifications, facts and circumstances as set out in the application submitted to Council;

b. The following conditions of approval and the requirements of Council’s

Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval

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Timing of Effect 3. The conditions of the Development Permit must be effected prior to

Commencement of Use, except where specified otherwise in these conditions of approval.

Notice of Intention to Commence Use 4. Prior to commencement of the use on the site, written notice must be given to

Council that the development fully complies with the conditions of this Development Permit. Please return the attached “Notice of Intention to Commence Use” form at least two (2) business days prior to the intended date of commencement.

Operational Works 5. Development Approval for Operational Works will be required for all internal

and external earth works, civil works including, but not limited to road, water, sewerage, drainage, vegetation damage and landscape work associated with the development.

Where such work is required, all required works must be completed to the

satisfaction of the Chief Executive Officer prior to the Commencement of Use. Limitations on Approved Uses 6. The approved uses are limited to that of Nature Based Tourism, Tourist

Attraction, Environmental Facility, Educational Establishment, Function Facility, Landing and Shop as shown on the Approved Plans of Development.

For uses including an Accommodation component, the maximum length of

stay and number of persons accommodated must not exceed the following: a. For accommodation associated with the approved uses excluding the

Educational Establishment, the maximum length of stay must not be more than 3 consecutive nights. The total number of persons accommodated by these uses must not exceed 40 persons on any one night; and

b. For accommodation associated with the approved Educational

Establishment use, the maximum length of stay must not be exceed 14 consecutive nights. The total number of persons accommodated within the Educational Establishment use must not exceed 10 persons on any one night.

No permanent occupation of the facilities is to occur.

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Hours of Operation 7. The Hours of Operation for the development must be in accordance with the

following:

a. The standard Hours of Operation for Day Tours/Day Trips conducted in association with the approved land uses must be between the hours of 7am to 8pm, six (6) days per week;

b. The Function Facility must not operate between the hours of 12am and

7am; and c. Extended Hours of Operation are permitted from 5am to 7am and from

6pm to 12am where tours or functions are conducted in accordance with a Council endorsed Operational Plan. The Operational Plan must include, but is not limited to details of the procedures proposed to ensure tours or functions which occur during the Extended Hours of Operation are conducted in such a manner as to not affect external properties.

Any Operational Plan required by this condition must be endorsed by

Council prior to the utilisation of the extended hours of operation. Colours and Materials 8. All Colours and Materials used within the development must be consistent

with the MYAC Eco Tourism Project – Materials and Colours Schedule dated 07/08/2017.

Lighting Design 9. No permanent exterior lighting is to be installed on any of the Observation

Towers that is visible external to the site, with the exception of regulated lighting that may be required for safety or security purposes i.e. aircraft warning lamps needing to be located on top of an observation tower. Any lighting used during evening hours i.e. between 6pm and 6am must not create an Environmental Nuisance as defined by the Environmental Protection Act (1994).

10. Any exterior lighting proposed within the development must be designed and

constructed by a suitably qualified and experienced person/entity to ensure that it does not increase the risk of an aircraft incident and has regard to the Manual of Standards Part 139 – Aerodromes Chapter 9 Section 9.21 – Lighting in the Vicinity of Aerodrome.

11. All lighting installed upon the premises including access tracks, boardwalks

and the landing area must be certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

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Landscaping of Observation Towers 12. Prior to the issue of a Development Permit for Building Work associated with

the Observation Towers, submit for endorsement a Detailed Vertical Landscape Plan prepared by a suitably qualified Landscape Designer or Landscape Architect. In particular, the Detailed Vertical Landscape Plan must demonstrate: a. A planting schedule of endemic species suitable for use on each

Observation Tower, including the relevant botanical name, container/plant size and quantities;

b. How the landscape features achieve a minimum coverage of 25% of the

vertical faces of each Observation Tower; and c. That the structural design and landscape specification associated with

each Observation Tower is sufficient to support the vertical landscape features.

The Detailed Landscape Plan must be submitted to and endorsed by the Chief Executive Officer prior to the commencement of landscape works. All vertical landscaping must be maintained for the life of the development, to the satisfaction of the Chief Executive Officer.

Flora and Fauna Survey 13. Prior to or in conjunction with the first application for Operational Work or

Building Work associated with the approved Development, the Applicant must submit a detailed site survey relating to the presence or otherwise of Endangered, Vulnerable or Near Threatened (EVNT) flora and fauna which may be affected by the development.

Where EVNT flora and/or fauna are identified as being affected by the

development, the survey report shall provide the following: a. plans of the location of the identified EVNT flora and/or fauna as they

relate to the development footprint; b. detailed recommendations, including any specific timing requirements

i.e. construction phase or operational phase, addressing how the development will prevent, minimise or mitigate any identified impact(s); and

c. details of any monitoring processes required to be implemented to

ensure the effectiveness of the prevention, minimisation or mitigation strategy for the identified impact.

The survey report must be undertaken and prepared by a suitably qualified and experienced environmental consultant.

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Vegetation Maintenance Management Plan 14. The Applicant shall submit for endorsement by the Chief Executive Officer a

Vegetation Maintenance Management Plan identifying the ongoing maintenance regime required for the management of vegetation to ensure continued clear access surrounding the approved development footprint. The Vegetation Maintenance Management Plan must be submitted to and endorsed prior to the Commencement of Use.

Weed Management 15. A Weed Management Plan is to be approved by Council prior to the

commencement of Operational Works on the site. The plan should contain a site survey of the development footprint that identifies and prioritises invasive biosecurity matters under the Biosecurity Act 2014 and Biosecurity Regulation 2016 and environmental weeds to prevent spread and introduction based on best practice pest management principles identified in Cairns Regional Council Pest Management Plan 2015-2018

The plan should detail methods to be employed to control, eradicate and

monitor existing pest species and prevent both the import and export of weeds to and from the site. The plan must identify the roles and responsibilities of relevant stakeholders to ensure all actions required by the Weed Management Plan are achieved/complied with.

Spotter/Catcher 16. Where Threatened Species (as defined under the Nature Conservation Act

1992) have been identified as a result of the Flora and Fauna Survey (as required by the conditions of this approval) as occurring in areas of the site affected by the development, a Spotter/Catcher holding a permit for Spotter/Catcher activities issued by the Department of Environment and Science shall be present on-site for all construction activities involving damage, including pruning, to vegetation.

Vector Control 17. Prepare a site specific Vector Control Management Plan for the control and

management of insect vectors on the site. The Management Plan must include measures/recommendations to prevent and/or control insect vectors likely to be encountered within the development footprint. The Vector Control Management Plan must be prepared by a suitably qualified person and be submitted to Council prior to the Commencement of Use.

NB : Queensland Health publishes “Guidelines to minimise mosquito and biting midge problems in new development areas” which may provide assistance in preparing the relevant management plan. The Queensland Health website (https://www.health.qld.gov.au/clinical-practice/guidelines-procedures/diseases-infection/diseases/mosquito-borne/resources) states that this document is currently under review.

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Bushfire Management 18. Prepare a site specific Bushfire Management Plan that outlines the ongoing

fire management practices which occur on the site including scheduled burns or other management techniques.

Parking and Access 19. Any off-street car parking established on the site must be designed in

accordance with the requirements of AS2890.1 Off Street Car Parking including parking bay dimensions, aisle widths and provision for vehicle turn around etc.

20. Any accessible off-street car parking spaces must be designed in accordance

with AS2890.6 Off-Street Car Parking for People with Disabilities, including parking bay dimensions and shared area.

21. Any car parking established on the site must only be for parking by persons

employed at the approved development. Such parking must not be made available for use by the general public when attending the site.

22. All public access to the site must occur under the supervision and direction

of person(s) employed at the approved development and must occur via water transportation from the Cairns Marlin Marina or via a land based service under the direct control and supervision of the operator of the approved development.

23. Signage must be established along the Pine Creek – Yarrabah Road and Lee

Yan Road frontages of the site stating that there is no direct public access to the facility from these roads. All access must be arranged with the operator of the facility in accordance with Condition 22.

Water Supply Works External 24. Undertake the following water supply works external to the site to connect the

site to existing water supply infrastructure:

a. Extend the water main from Pine Creek Yarrabah Road such that the site can be provided with a standard water service connection; and

b. Augment external water infrastructure to the extent required to service

the development and to not adversely affect the water supply to the balance of the network.

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The external works outlined above require approval from Council in accordance with an application for Operational Works. The plans of work must be endorsed by the Chief Executive Officer prior to commencement of such work. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Water Supply Works Internal 25. Undertake the following water supply works internal to the subject land:

a. The development is to be serviced by a single internal water connection made clear of any buildings or structures.

The internal water system is to be approved by Council. Details of the system along with detailed design and hydraulic calculations are to be contained in a water management report and submitted to Council for assessment.

If insufficient pressure is available to service the development, the developer is to install a privately owned booster pump. Any pump required must be located within the property boundary and be supplied, installed and maintained by the property owner.

Firefighting pumped connections are to be provided with a break tank. Any proposal to pump directly from Council’s water supply mains for fire or sprinkler systems without a break tank must be supported by a hydraulic analysis undertaken by a RPEQ confirming that the main is not at risk of very low pressures (i.e. ground water intrusion and implosion) and excessive transient pressures associated with pump and valve operation (i.e. water hammer).

Council does not guarantee a minimum service standard for firefighting from

Council’s water network. It is the responsibility of the property owner to design the private fire system to ensure compliance with the relevant building codes and standards and install all necessary on-site pressure boosting and storage that maybe required.

All the above works must be designed and constructed in accordance with the FNQROC Development Manual.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use.

26. Where an on-site water supply is established to supplement a connection to

the main reticulated supply, the applicant must undertake the following:

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Provide on-site water storage tank(s) with a minimum capacity not less than 37,500 litres and as specified in the Water and Wastewater Management Plan prepared by Bligh Tanner (dated 25/08/2017). Details of the water tank(s) must be shown on plans submitted with the building application. Such water tanks must be provided with:

a. Mosquito-proof screens of brass, copper, aluminium or stainless steel

gauze not coarser than 1mm aperture mesh of substantial construction and installed in such manner as not to cause or accelerate corrosion; or

b. Flap valve at every opening of the tank or other receptacle; or c. Other approved means for preventing the ingress or egress of

mosquitoes; and

d. Where a tank or other receptacle is provided with a manhole, the manhole must have a diameter of no more than 40cm; and

e. The water tank(s) shall be fitted with a 50mm ball valve with a camlock

fitting. Refuse Storage 27. The development is required to be serviced by bulk bins. Detailed design of

the bulk bin storage area, indicating a roofed and bunded enclosure and a bucket trap connection must be shown on a plan of works to be submitted to and endorsed by Council prior to the issue of a Development Permit for Building Works. The storage area must be designed and located such that a waste collection vehicle may enter and exit the site in a forward gear.

The storage area must be constructed and made available for use prior to the Commencement of Use.

Flooding & Hydraulics & Stormwater Quality 28. The recommendations and outcomes as noted in the Coastal and Flood

Hazard Report – Concept Design Stage prepared by BMT WBM dated 22 May 2017, shall be adhered to and adopted for the development, specifically:

a. The noted Flood Mitigation Strategies and Measures, and

b. All Flood Emergency Management and Preparedness aspects (inclusive

of recommendations noted in the Conceptual Emergency Management Plan).

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The items noted in the Qualifications and Further Work section of the Coastal and Flood Hazard Report - Concept Design Stage (Section A4 of Appendix A) are to be developed to Detailed Design and submitted to Council for approval prior to obtaining Operational Works approval for the works.

Existing Creeks and Drainage Systems 29. All existing creeks and drainage systems must be retained in their current

state and not altered unless approved by the Chief Executive Officer. Where any alterations are required, the Applicant shall obtain all relevant approvals prior to the works being carried out.

Flood Immunity 30. The boardwalk and all accommodation building/structures as shown on the

Approved Plans of Development shall be designed to ensure they have a finished floor level not less than 300mm above the 1% AEP defined event as per the requirements of CairnsPlan 2016 v1.2.

A Registered Professional Engineer Queensland (RPEQ) shall certify the design drawings for the identified aspects of development to ensure they meet the require immunity level prior to the issue of a Development Permit for Building Work for the boardwalk and all accommodation building/structures. Copies of the certified drawings shall be provided to Council prior to the issue of a Development Permit for Building Work for the boardwalk and all accommodation building/structures.

Geotechnical Investigation 31. Prior to the issue of a Development Permit for Building Work, the

Applicant/Owner/Developer shall submit a Geotechnical Investigation which provides site specific details and advice in relation to the stability of the site, settlement and foundation design for all buildings and structures on the site.

The Geotechnical Investigation must address the potential for the

development to encounter potential or actual acid sulfate soils (AASS/PASS) when undertaking construction activities and how such soils will be managed on the site.

Electricity and Telecommunications 32. The development must be connected to an electrical service prior to the

Commencement of Use.

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33. Should Ergon Energy require the installation of a substation, a padmount type is to be incorporated within the development and positioned such that it does not detract from the Pine Creek – Yarrabah Road or Lee Yan Road frontages of the site. Details of the substation position, if required, must be endorsed by Council prior to the issue of a Development Permit for Building Work.

Construction Signage 34. Prior to the commencement of any construction works associated with the

development, a sign detailing the project team must be placed on the road frontage of the site and must be located in a prominent position. The sign must detail the relevant project coordinator for the works being undertaken on the site, and must list the following parties (where relevant) including telephone contacts:

a. Developer; b Project Coordinator; c. Architect / Building Designer; d. Builder; e. Civil Engineer; f. Civil Contractor; g. Landscape Architect

The sign must be retained on the frontage of the site for the duration of

construction activities. Construction Management Plan 35. A Construction Management Plan must be submitted to, and endorsed by the

Chief Executive Officer prior to the commencement of any construction works associated with the development.

The Construction Management Plan must address all activities/operations associated with construction including, but not limited to:

a. Hours of construction; b. Parking of vehicles (including site employees and delivery vehicles);

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c. Traffic management (including loading and unloading) prepared in accordance with the Manual for Uniform Traffic Control Devices;

d. Maintenance of safe pedestrian access across the site’s frontage

(including access by persons with a disability); e. Building waste storage and disposal; f. On-site dust and noise management, so as to not cause a nuisance to

the amenity of the surrounding area; g. Location and details of construction signage including any signage that

is to be illuminated;

The endorsed Construction Management Plan must be complied with and a copy kept on site at all times during construction of the development.

36. Dust emissions or other air pollutants must not extend beyond the boundary

of the site and cause a nuisance to surrounding properties.

Storage of Machinery and Plant

37. The storage of any machinery, material and vehicles must not cause a nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Sediment and Erosion Control

38. Soil and water management measures must be installed / implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual) and Best Practice Erosion & Sediment Control – IECA Australasia, November 2008).

Damage to Infrastructure 39. In the event that any part of Council’s existing infrastructure is damaged as a

result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced, at the developer’s cost, prior to the Commencement of Use.

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REFERRAL AGENCY CONDITIONS & REQUIREMENTS Referral Agency Referral Agency

Reference Date Council

Reference Department State Development, Manufacturing, Infrastructure & Planning

1802-3898 SRA 3 August 2018

#5833422, #5833426 & #5833428

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). FURTHER ADVICE 1. All building site managers must take all action necessary to ensure building

materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

2. This approval does not negate the requirement for compliance with all other

relevant Local Laws and other statutory requirements. 3. Council will be implementing “smart” meters during the currency of this

development. The Plumbing contractor must confirm with Council, at the time of making a Development Application for Plumbing Works, what they type of water meter should be installed.

4. The use of premises will trigger the need to obtain an Environmentally

Relevant Activity (ERA) 63 and associated Environmental Authority for the on-site Sewage Treatment facility where the total daily peak design capacity of the facility exceeds 21EP as per the Environmental Protection Regulation (2008).

5. For information relating to the Planning Act 2016 log on to

https://planning.dsdmip.qld.gov.au. To access FNQROC Development Manual, Council Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

6. Where the presence of Endangered, Vulnerable or Near Threatened (EVNT)

species are confirmed, such confirmation should be reported to Wildlife Officers at the Department of Environment and Science by calling the Wildlife hotline on 1300 130 372.

7. The Commonwealth Environment Protection and Biodiversity Conservation

Act 1999 applies to action(s) that has, will have or is likely to have a significant impact on matters of national environmental significance.

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Further information on the EPBC Act can be obtained from the Department of the Environment and Energy website www.environment.gov.au/epbc and the Matters of National Environmental Significance - Significant Impact Guidelines 1.1 (Oct. 2009).

Unexploded Ordinance 8. Council has been made aware that the subject site may have previously been

used for the purposes of a rifle range through its history. The Applicant should make themselves aware of the potential or otherwise to encounter unexploded ordinance (UXO) on the site.

Health 9. Premises intended to be used for the storage, preparation, handling, packing

and/or service of food must comply with the requirements of the Food Act 2006 and the Food Standards Code.

10. Prior to construction or alteration of any premises used for storage,

preparation, handling, packing and/or service of food, application for such must be made with Council’s Public Health Unit.

11. An application for the construction or alteration of any food premises must be

accompanied by two (2) copies of plans drawn to a scale not smaller than 1:100. Such plans are to include details of ventilation (including mechanical exhaust ventilation systems), finishes to walls, floors and ceilings, details of the proposed layout and materials to be used in the construction of all fixtures, fittings and equipment. The plans should include detailed cross sections of all areas to be included in the construction or alteration. All works must be carried out in accordance with the requirements of the Food Act 2006, Food Safety Standards and AS 4674 – 2004 – Design, construction and fit-out of food premises.

LAND USE DEFINITIONS* In accordance with CairnsPlan 2016 v1.2 the approved land uses of Nature Based Tourism, Tourist Attraction, Environmental Facility, Educational Establishment, Function Facility, Landing and Shop: Nature Based Tourism:

The use of land or premises for a tourism activity, including tourist and visitor short-term accommodation, that is intended for the conservation, interpretation and appreciation of areas of environmental, cultural or heritage value, local ecosystem and attributes of the natural environment. Nature-based tourism activities typically:

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- maintain a nature based focus or product; - promote environmental awareness, education and conservation; - carry out sustainable practices

Examples of the use may include environmentally responsible accommodation facilities including lodges, cabins, huts and tented camps.

Tourist Attraction: Premises used for providing on-site entertainment, recreation or similar

facilities for the general public. The use may include provision of food and drink for consumption on site.

Examples of the use may include Theme Park and Zoo. Environment Facility:

Facilities used for the conservation, interpretation and appreciation of areas of environmental, cultural or heritage value.

Examples of the use may include nature-based attractions, walking tracks, seating, shelters, boardwalks, observation decks and bird hides.

Educational Establishment: Premises used for training and instruction designed to impart knowledge and

develop skills. The use may include outside hours school care for students or on-site student accommodation.

Examples of the use may include pre-preparatory, preparatory and primary

school, secondary school, special education, college, university, technical institute, outdoor education centre.

Function Facility: Premises used for conducting receptions or functions that may include the

preparation and provision of food and liquor for consumption on site. Examples of the use may include Conference Centre, Reception Centre. Landing: A structure for mooring, launching, storage and retrieval of vessels where

passengers embark and disembark. Examples of the use may include Boat Ramp, Jetty, Pontoon.

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Shop: Premises used for the display, sale or hire of goods or the provision of

personal services or betting to the public. Examples of the use include Hairdresser, Liquor Store, Department Store,

Discount Department Store, Discount Variety Stores, Betting Agencies, Supermarket, Corner Store.

*These definitions are provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual. EXECUTIVE SUMMARY Council is in receipt of a Material Change of Use Development Application (Impact Assessable) for an integrated ‘eco-tourism’ style facility on land at Pine Creek – Yarrabah Road, East Trinity, more particularly described as Lot 158 on NR5877. The site has a total area of approximately 721.58ha and the use is proposed to operate within a development footprint of approximately 1.22ha or 0.16% of the site. The site has direct frontage to both Pine Creek – Yarrabah Road and Lee Yan Road. Hills Creek traverses through the northern portion of the site and provides direct water access to Trinity Inlet. The subject site is designated within the Rural Zone under CairnsPlan 2016 v1.2 and is affected by a number of relevant overlays including the Airport Environs, Acid Sulfate Soils, Bushfire Hazard, Coastal Processes, Flood and Inundation Hazards, Landscape Values, Natural Areas and Transport Network. The proposed development incorporates a number of defined uses under CairnsPlan 2016 including Nature Based Tourism, Tourist Attraction, Environmental Facility, Educational Establishment, Function Facility, Landing and Shop. It is proposed that the facility will be primarily accessed via a water connection, with users embarking at the Cairns Marlin Marina and disembarking on a new pontoon in Hills Creek, adjacent the bund wall. The application submitted has included a variety of technical supporting information including a Visual Impact Assessment Report, Coastal and Flood Hazard Report, Vegetation Management Plan and Architectural Design Package. In assessing the proposed development, Officers have considered the proposal in the context of the relevant Impact Assessment criteria outlined within section 45 of the Planning Act 2016 including the Far North Queensland Regional plan 2009 – 2031, State Planning Policy, Local Government Infrastructure Plan and the Strategic Framework and Assessment Benchmarks contained within CairnsPlan 2016 v1.2.

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Officers are of the opinion that the proposed development does exhibit some inconsistencies with the assessment provisions relevant to the proposed development. However, in consideration of the overall purpose statements of the assessment benchmarks and proposed performance outcomes put forward by the Applicant, Officers recommend that the application be approved subject to relevant and reasonable conditions. TOWN PLANNING CONSIDERATIONS Background The subject site, commonly known as the East Trinity Reserve, is currently an environmental reserve owned by the Queensland Government under the jurisdiction of the Department of Environment and Science (National Parks, Sport and Recreation). The Applicant, the Mandingalbay Yidinji Aboriginal Corporation (MYAC) currently holds a Trust Permit and Commercial Activity Agreement over the reserve land. The site is located in close proximity to the Cairns CBD as illustrated by the below aerial image.

The subject site has had a varied history over the past 50 years, with attempts to grow sugar cane on the land through the 1970’s failing which in turn created a significant acid sulfate soil issue. In 2000, the Queensland Government purchased the property and began an extensive remediation program which been hugely successful and which has been the subject of national and international research initiatives (https://www.qld.gov.au/environment/land/soil/acid-sulfate/east-trinity). In 2006, the Queensland Government declared the site an Environmental Reserve and this declaration was subsequently followed by a Native Title declaration in April 2006. The Mandingalbay Yidinji Indigenous Protected Area (MY IPA) declared in November 2011 of over 9,700ha included the East Trinity Environmental Reserve land. The MY-IPA declaration provided a framework for the Mandingalbay Yidinji people to bring together their traditional country and manage the significant cultural values contained within the land.

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MYAC representatives have held various meetings and discussions with Council officers since mid-2013 in relation to exploring the potential opportunities and constraints to development on the East Trinity Reserve site. More formal pre-lodgement meetings were held in mid-2017 which was the precursor to the lodgement of this current application in February 2018. Whilst this current application has been under assessment, a separate Development Application was lodged for Operational Works (Prescribed Tidal Works) being for the construction of a new Pontoon adjacent the bund wall/tidal gates in Hills Creek. This application was decided under Delegated Authority, with a Decision Notice issued on 10 September 2018 (Council Reference 8/10/700). Proposed Development The proposed development, in essence, seeks to create an integrated eco-tourism facility aiming to share the history and culture of the Mandingalbay Yidinji people through various facilities on the site. To the Mandingalbay Yidinji people, the project is also seen as an opportunity to assist in the social development and to act as a piece of legacy infrastructure that can transferred through the generations. The proposal consists of a number of formal defined uses under CairnsPlan 2016 v1.2 including Nature Based Tourism, Tourist Attraction, Environmental Facility, Educational Establishment, Function Facility, Landing and Shop. These uses take various forms across the site including an approximate 1.1km boardwalk, a number of low rise buildings containing attractions, short term accommodation areas, educational facilities, food and beverage facilities and administrative/support facilities. These facilities are centred around 3 primary activity centres, each with their own focus and which are each supported by an observation tower of approximately 33m in height. The total floor area of the development including all internal and external buildings and structures is approximately 12,500m2. Of this, the boardwalk and Observation Towers (including all levels) comprise approximately 7,700m2 of 61.6% of the total floor area. Artists Impressions of the proposed Observation Towers and surrounding facilities are provided at Appendix 5. A variety of activities will be offered on the site, but will primarily revolve around the provision of day tours to the site providing visitors and guests the opportunity to engage and learn about the cultural and historic significance of the site. Such activities may include cultural performances and demonstrations, adventure opportunities including rock climbing, zip lining, high ropes course and environmental tours. It is expected that such day tours would result in visitors staying on site for up to 3 hours.

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The accommodation components of the proposed land uses will be utilised for various purposes and for various lengths of time. The accommodation associated with the primary Nature Based Tourism use will take 2 distinct forms; the first being a ‘glamping’ style form located approximately 140 metres from Observation Tower 2 will be able to accommodate a maximum of 15 persons at any one time. The second form is in the form of outdoor ‘hammock’ spaces adjacent to Observation Tower 2 and which will accommodate a maximum of 22 persons at any one time. These accommodation components are intended to be used for short stays of 1 or 2 nights maximum. The other accommodation use proposed for the site is associated with the Educational Establishment use. This accommodation is not intended to be used by tourists, rather will be used by individuals or small groups engaged in specific research and/or educational activities on the site. This area is intended to accommodate a maximum of 10 persons at any one time. The site will also be able to operate for specific functions/events and may collaborate with existing functions such as the Cairns Indigenous Art Fair Access to the site will primarily be achieved via water transportation, with visitors departing the Cairns Marlin Marina and arriving at a purpose built pontoon in Hills Creek, directly adjacent the Bund Wall and Tidal Gates. Vehicle movements to and from the site will be limited to staff and service vehicles as required. RELEVANT MATTERS FOR IMPACT ASSESSABLE DEVELOPMENT The following matters were given regard to or assessment carried out against, in undertaking the assessment of this development application under Section 45 of the Planning Act 2016.

Relevant matters Assessed against or if had regard to State Planning Policy Considered

CairnsPlan 2016 v1.2 appropriately reflects the relevant matters identified within the State Planning Policy of July 2014 with the exception of the Coastal Hazards – Erosion Prone Areas matter under the Hazards and Safety – Natural Hazards Risk and Resilience theme.

Far North Queensland Regional Plan 2009 – 2031

Considered The subject site is located within the Regional Landscape and Rural Production Area of the Regional Plan, with Parts D and E of the Regional Plan providing information relating to the Regional Land Use Pattern and Regional Policies. Officers consider that the proposal is generally consistent with the relevant Intent statements and Land Use policies contained within the Regional Plan.

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Relevant matters Assessed against or if had regard to Cairns Regional Council Local Government Infrastructure Plan

Considered There is no new or additional trunk infrastructure required to specifically support the development. All infrastructure required to facilitated the development will be provided by the proponent.

Temporary Local Planning Instrument

Not Relevant There are no current Temporary Local Planning Instruments in effect.

Local Categorising Instrument Considered Assessment against the whole of CairnsPlan 2016 v1.2 has been undertaken, refer following sections of this report.

Assessment Benchmarks The proposed development was assessed against the following assessment benchmarks of CairnsPlan 2016 v1.2.

Assessment Benchmarks

Zone Rural

Overlays

Acid Sulfate Soils Airport Environs Bushfire Hazard Coastal Processes Flood and Inundation Hazards Landscape values Natural areas Transport network

Development Codes Environmental performance Excavation and filling Infrastructure works Landscaping Parking and access Vegetation management

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Non-Compliance with Benchmarks The development was assessed against all of the assessment benchmarks listed above and complies with all of these with the exceptions listed below:

Assessment Benchmark

Reasons for the approval despite non-compliance with benchmark

Rural Zone Code PO1/AO1.1

AO1.1 of the Rural Zone Code specifies that Buildings and structures are not more than 11 metres in height. The associated Performance Outcome (PO) 1 states that the height of all buildings and structures is in keeping with the amenity of adjoining premises and the rural character of the area. The proposed development includes 3 Observation Towers, each with a total height of 33 metres and separated by a minimum of 300 metres. The design and siting of the Observation Towers has been carried out to reduce as much as possible their visual significance within the receiving environment. The floor plate of each Observation Tower is approximately 73m2 with maximum dimensions of 9.595 metres x 10.57 metres. The floor plans of the Observation Towers provided within the architectural package illustrate a high degree of articulation and variation in design, with no two levels having the same floor plan (refer Appendix 1, Dwg. No. MYAC-DA-013-B). The exterior of the Observation Towers are proposed to be covered in a variety of materials and vertical landscape features. As part of the supporting information, the Applicant has included a Visual Impact Assessment Report (VIAR) prepared by Catherine Brouwer Landscape Architects (refer Appendix 1). The VIAR provides the following comment with respect to the proposed Observation Towers: “The upper extent of the activity and observation towers would present an innovative structure related to the forest surrounds, comprising a mix of texture and openness - green walls, textured panels and views through. Tower form is relatively narrow, angled and representing meaningful and symbolic aspects of the landscape, and thus the tower identity is understood as a cultural and integrated part of this landscape. The activity and observation towers are publicly accessible structures providing otherwise unavailable landscape appreciation. They are not used for private purposes, residential or private /inaccessible business purposes (such as hotels or hostels), and thus the towers will be known and seen to have intangible value -an identity understood as a Mandingalbay Yidinji People’s cultural expression and integrated part of their country”.

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With respect to PO1, Officers consider that the proposed Observation Towers can be successfully integrated into the receiving environment such that they will not create an adverse amenity outcome or impact upon the rural character. The Observation Towers, will, as suggested by the VIAR, be seen as a direct link to the Mandingalbay Yidinji People and their association with land and country. Vegetation surrounding the towers currently have canopy heights up to 17 metres and this assists in integrating the towers into the landscape when combined with the proposed colours, materials and vertical landscape elements. Officers consider, in this specific circumstance, that the proposed height of the Observation Towers is not inconsistent with the requirements of PO1.

Coastal Processes Overlay Code PO5/AO5.1

The proposed development is located partially within an Erosion Prone Area as shown on the Coastal Processes Overlay Map. This intrusion into this area is primarily around the Landing adjacent the Bund Wall/Tidal Gates in Hills Creek and also around the location of Observation Tower 3. AO5.1 specifies that development is not located within an erosion prone area…unless the development cannot be feasibly located elsewhere; or it is coastal-dependant development or is temporary, readily relocatable or able to be abandoned. Performance Outcome 5 specifies that development is located, designed and managed to (a) allow natural coastal processes to occur; (b) protect people and property from coastal erosion; and (c) avoid the use of coastal protection works, as far as practical. As part of the supporting information, the Applicant has provided a Coastal and Flood Hazard Report: Concept Design Stage prepared by BMT WBM (refer Appendix 1). This report provides an assessment of the flood and storm tide risk to the property and provides initial mitigation and management strategies including a Conceptual Emergency Management Plan for the development. With respect to allowing natural coastal processes to occur, the development is generally setback a minimum of 50 metres from the existing bund wall on the site which provides an appropriate separation from coastal processes. The design of the development has been carried out such that buildings and structures will be set between 1.5 and 3 metres above natural ground level to achieve necessary flood immunity requirements. The detailed design of these buildings and structures will be carried out to ensure that they are capable of withstanding inundation events. On the basis of the submitted material, Officers are satisfied that the development achieves the intent of PO5.

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Landscape Values Overlay Code PO1/AO1.1

Refer to comments made in response to the non-compliance with the Rural Zone Code PO1/AO1.1.

Natural Areas Overlay Code PO1/AO1.1 & PO10/AO10.1

The subject site contains a number of Non-Urban Waterways as shown on the Natural Areas Overlay Map, with the proposed development being partially located within the identified trigger area associated with the Hills Creek waterway. The design and siting of the proposed development has been carried out with consideration of the existing site opportunities and constraints, with the majority of buildings and structures to be located within areas of the site which have already been disturbed and/or cleared. Buildings and structures are also significantly setback from the designated waterways, with the majority achieving a setback of at least 50 metres. The only aspects of the development located within the trigger area will be the Landing in Hills Creek, some of the associated boardwalk and information shelter. The locating of these minor structures in or in proximity to Hills Creek is not considered to result in adverse impacts to the functions of the waterway. Officers note that as part of the Concurrence Agency Response and associated conditions (refer Appendix 2), the Applicant is required to enter into an agreed delivery arrangement to deliver an Environmental Offset under the Environmental Offsets Act 2014. Details on the specific nature of the offset will be negotiated between the Applicant and relevant State Government Department. The environmental offset will assist in balancing the residual environmental impacts of the development. Given the responsive design and siting of buildings and structures and the proposed Environmental Offset, Officers are satisfied that the development will not compromise the Hills Creek waterway corridor.

Natural Areas Overlay Code PO3/AO3.2

The subject site contains large portions of the site designated as Biodiversity Areas on the Natural Areas Overlay Map. AO3.2 specifies that where development cannot be avoided (within a Biodiversity Area), the development ensures that adverse impacts do not occur by ensuring the design and siting of buildings and structures is appropriate for the site, that biodiversity values can be protected and maintained and rehabilitation occurs for any loss in biodiversity value. As part of the supporting information, the Applicant has included a Vegetation Management Plan prepared by BMT WBM (refer Appendix 1). The plan provides comments on the ecological values within the development footprint including Matters of National and State Environmental Significance (MNES/MSES). The report concludes that “given the small scale of habitat within the footprint in the context of the wider study area, any impacts on threatened species which may be reliant on site communities are expected to be minor.

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Potential ecological impacts on MNES/MSES will be assessed in detail in ensuring stages of the project”. The report further indicates that with the implementation of a number of management strategies including pre-clearing surveys, site specific construction plans, species management plans (if required) and Offset planning, that the “potential impacts on biodiversity values of the footprint and surrounds could be minimised and contained to the immediate area of works and operation”. Officers have recommended a condition requiring a detailed Flora and Fauna Survey of the development footprint to be carried out and any necessary management strategies be implemented as a result of the findings of the survey. Officers consider that the above strategies combined with the responsive design and siting of the development will ensure that there is minimal, if any, potential for an adverse impact upon the existing biodiversity values of the site. The development is therefore considered to achieve Performance Outcome 3 insofar as the development does not cause adverse direct or indirect impacts on biodiversity values.

Vegetation Management Code PO1/AO1.1 – AO1.14

The proposed development will result in some vegetation damage/removal including some marine plants which does not align with any of the specified Acceptable Outcomes. In consideration of the extent of clearing required to facilitate the development, Officers note that the development has been designed and sited such that it is located as far as practicable within existing cleared and/or disturbed areas of the site, with a total development footprint of only 1.22ha or approximately 0.16% of the total site area. The Boardwalks have been located along existing internal access tracks and the Observation Towers in cleared areas. All buildings and structures have been designed to be elevated between 1.5 and 3 metres above natural ground level. No clearing is required for any additional on-site access tracks as the development has been designed to incorporate these existing features. These design consideration will ensure that the development will not have an adverse impact on existing habitat and biodiversity values or the character and amenity of the area. As previously noted, the Applicant is also required to deliver an Environmental Offset to assist in balancing the residual environmental impacts of the development as a result of clearing designated marine plants.

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Public Notification As an Impact Assessable Development Application, public notification was required to be conducted in accordance with the Planning Act 2016 and Development Assessment Rules. In accordance with these instruments, public notification was carried out between 5 July 2018 and 31 July 2018. Council received the Notice of Compliance for the public notification of the application on 2 August 2018. One (1) properly made submission was received during the notification period. The following table outlines the key issues which were raised in the submission, the Applicant’s response to these issues and Officers comments on the issues.

Key Issue Applicant Response Officer Comment

Increased Vehicle movements to local road network

As identified in the original application material, it is MYAC’s preference to gain access to the site almost entirely by Hills Creek. Only staff access is proposed to Lee Yan Road. To reduce potential vehicle trips, staff working on the site would primarily be bussed to and from the site at the start and end of a shift and only maintenance vehicles would otherwise use Lee Yan Road. This will likely result in traffic generation of less than 20 vehicles per day. An analysis of Hills Creek has been undertaken to understand tide times and accessibility for boats with tourists. The analysis, which has underpinned the design and location of the pontoon (forming part of a separate Operational Works application) has identified that Hills Creek will be accessible 98% of the time. To avoid inaccessibility, the timetable has been structured around tide times. During other inaccessible times the facility will not operate. The only other time where buses may be required to transport patrons from the site would be during an emergency situation. This is expected to be infrequent and not present a regular traffic issue. Though there will be a small increase in traffic on Lee Yan Road, both Council and DTMR have not identified any capacity issues of either the road or intersection.

Officers accept the point of submission raised as relevant to the development. Whilst the Applicant has acknowledged within their response to the submission that the primary method for access to the site will be via Hills Creek, some access will occur via Lee Yan Road. To this effect, conditions of approval have been included regarding all access to the site being under the direct supervision of persons employed by the development and that signage be erected along the Lee Yan Road and Pine Creek – Yarrabah Road frontages of the site stating that there is no direct public access. Officers consider that these measures should reduce the potential for adverse traffic and flow on impacts such as litter.

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Bushfire Management

Threat of fire to the adjoining property will be managed through: • Ongoing traditional fire maintenance

already undertaken by the Djunbunji rangers. Both the rangers and State Government work closely to monitor fire threat throughout the year and have a set schedule of burns and other management techniques;

• Largely retaining the natural area in its current state. This will ensure that the nature and potential characteristics of bushfire will not be altered by the development and the threat will likely remain unchanged;

• Setting back the infrastructure from the submitters property as much as possible;

• Using fire retardant plant species in buffer areas to avoid threat to the infrastructure;

• Implementing a Bushfire management plan specific to the infrastructure. The plan will form part of the broader management currently undertaken by the rangers.

The combination of the above means that the proposed development is unlikely to increase or intensify the risk of bushfire to adjoining land. The applicant is of the view that the pre-existing fire risk and conditions will remain unchanged. As such, a 50 metre buffer, as suggested by the submitter, is not considered necessary and is instead likely to create undesirable impacts on the natural environment.

Officers accept the point of submission raised as relevant to the development. The submitter is particularly concerned about the potential for increased fire activity as a result of increase vehicle movements in the vicinity of the site and have suggested a ‘50m wide mowed buffer along the western side of the boundary road’ as a potential solution. The subject site is only partially affected by the Bushfire Hazard Overlay Map, with the main areas of the site affected being located within the eastern portions of the site, and significantly separated from the development footprint. The response provided by the Applicant details a number of existing fire management activities/practices carried out on the site and demonstrates that the design of the proposed development has considered the potential impacts on adjoining properties. Whilst these measures may be currently used, Officers consider it appropriate that they be formalised through a Bushfire Management Plan and a condition to this effect has been recommended for inclusion.

Visual Impact Whilst a visual analysis has not been undertaken from the submitters property, the following considerations are relevant: 1. The Visual Impact Assessment

completed by Catherine Brower Architects (the VIA) established a rigorous and thorough process of identifying key viewpoints and landscape characteristics;

2. The VIA considered viewpoints and visual amenity issues set by the planning scheme;

3. Pine Creek-Yarrabah Road has been identified as a viewer location in the VIA and is proximate to the submitters property;

Officers accept the point of submission raised as relevant to the development. The submitter is concerned that the Visual Impact Assessment Report (VIAR) has only considered views from the Cairns city side of Trinity Inlet and not from the eastern side of the property. Officers accept the comments provided by the Applicant and confirm that the VIAR does consider views from the eastern side of the property. The report includes an image with an impression of how the view towards the Cairns CBD may look from Pine Creek – Yarrabah Road once the development has been constructed.

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4. The VIA identifies that ‘viewpoints from Pine Creek Yarrabah Road would see parts of the Cairns CBD in the backdrop of any view of development on the subject site’. The proposed development would not appear out of character with its backdrop;

5. Section 4.5.2 of the VIA states that “4. Assessment from Pine Creek Road has also been undertaken however there are very few vantage points on Pine Creek Road owing to obstruction by vegetation and cultivation crops along most of the roadside boundary”. This is likely to be the same for the submitters property as it appears close to Pine Creek Yarrabah Road;

6. Page 21 of the VIA provides a photomontage from Pine Creek Yarrabah Road (refer to the below image). It confirms that the infrastructure is difficult to see because of its relative separation to the vantage point and vegetation obscuring the towers. The vantage point from the submitters property, although slightly different, is likely to be similar because of the separation distance (at least 3 kilometres), lower elevation and intervening topography;

7. The towers have been specifically located near dense and tall mangrove growth to reduce potential impacts;

8. The towers are visually permeable and include large areas of green walls to help blend the structures with the landscape; and

9. The proposed development is closer to the Trinity Inlet than any dwellings to the east. The nearest dwelling appears to be at least 3 kilometres from the development area.

INFRASTRUCTURE CHARGES The MYAC is a registered charity under the Australian Charities and Not-For-Profit Commission (ACNC), charity ABN 72 038 783 936 and a copy of the ACNC Charity Register Summary for the MYAC is attached as Appendix 4. In accordance with Councils General Policy on Financial Assistance for Not for Profit Organisations – Fees and Charges (July 2018), the MYAC meets the criteria for classification as a Category 1 organisation. As a Category 1 organisation, the MYAC are eligible for a 100% waiver of Development Assessment fees and charges, including Infrastructure Charges, associated with the construction of new facilities.

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Accordingly, whilst a development of this nature would ordinarily attract Infrastructure Charges, on the basis that the Applicant is a Category 1 organisation for the purposes of Councils General Policy on Financial Assistance for Not for Profit Organisations – Fees and Charges (July 2018), no Infrastructure Charges will be levied in this instance. REFERRAL AGENCY RESPONSE The Development Application was referred to the Department of State Development, Manufacturing, Infrastructure and Planning as a Concurrence Agency due to triggers associated with State Transport Infrastructure, Native Vegetation, Works within a Coastal Management District and Marine Plants. The Department provided a formal Concurrence Agency Response on 3 August 2018 which is attached at Appendix 2. The Concurrence Agency Response includes a number of conditions relating to the carrying out of the development. Of note, the response confirms that approximately 0.21ha of marine plants will be either removed, destroyed or damaged as a result of the development and that the Applicant is required to enter into an agreed delivery arrangement to deliver an Environmental Offset under the Environmental Offsets Act 2014. Details on the specific nature of the offset will be negotiated between the Applicant and relevant State Government Department. The Development Application was also referred to the Port Authority as an Advice Agency due to the site being on land within the limits of a port. The Application was referred to the Port Authority who advised that they had no objections to the proposed development. Statement of Reasons The following information is provided in accordance with section 63 of the Planning Act 2016. REASONS FOR DECISION The reasons for this decision are: 1. The proposed development is located within the Regional Landscape and Rural

Production Area of the Far North Queensland Regional Plan 2009 – 2031 and is consistent with the relevant Intent statements and Land Use policies insofar as the development provides an appropriately designed and sited tourism facility.

2. The proposed development is consistent with the State Planning Policy and Local

Government Infrastructure Plan.

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3. The proposed development does not conflict with the Strategic Framework under CairnsPlan 2016 v1.2, when read as a whole. The development results in some minor conflicts with relevant criteria in the Settlement Pattern theme regarding the protection use of rural areas for agricultural activities. Officers consider that these minor conflicts are outweighed by the consistency achieved with other relevant criteria within the Natural Areas and Features theme and the Economy theme.

4. The proposed development is located within the Rural Zone under CairnsPlan 2016

v1.2 and provides an appropriate opportunity to locate non-rural uses in an area suitable for such use given the site is not suitable for large scale agricultural, primary production or extractive industry uses. The development respects and responds to the environment in which is located, with the design of buildings, structures and boardwalks having due regard to the opportunities and constraints of the site.

5. The proposed uses of Nature Based Tourism, Tourist Attraction, Environmental

Facility, Educational Establishment, Function Facility, Landing and Shop are considered to be, in this circumstance, appropriate to be established within the Rural Zone under CairnsPlan 2016 v1.2.

6. The proposed development generally complies with the applicable Assessment

Benchmarks contained within CairnsPlan 2016 v1.2. Where strict compliance has not been demonstrated with the Acceptable Outcomes, the Applicant has demonstrated the development can achieve a suitable Performance Outcome. Where appropriate, relevant and reasonable conditions have been recommended for inclusion to ensure compliance is achieved.

7. The application material has demonstrated that the proposed development has

been appropriately designed and sited to minimise or mitigate any potential impacts on the receiving environment.

Ian Elliott-Smith Team Leader Planning Action Officer

Peter Boyd Manager Strategic Planning & Approvals

Kelly Reaston General Manager Planning & Environment

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APPENDIX 1: APPROVED PLAN(S) & DOCUMENT(S) ARCHITECTURAL PACKAGE

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MYAC ECOTOURISM PROJECT – MATERIALS AND COLOURS SCHEDULE

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TRINITY INLET ECOTOURISM FACILITY: COASTAL AND FLOOD HAZARD REPORT: CONCEPT DESIGN STAGE This report is available on request, refer Council Doc. No. #5891029

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TRINITY INLET ECOTOURISM FACILITY: VEGETATION MANAGEMENT PLAN This report is available on request, refer Council Doc. No. #5891036

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VISUAL IMPACT ASSESSMENT REPORT This report is available on request, refer Council Doc. No. #5891065

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APPENDIX 2: CONCURRENCE AGENCY RESPONSE

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APPENDIX 3: NOTICE OF INTENTION TO COMMENCE USE Notice of Intention to Commence Use DEVELOPMENT PERMIT Planning Act 2016

Development Permit 8/8/1500

Date of Approval 10 October 2018

Approved Use Nature Based Tourism, Tourist Attraction, Environmental Facility, Educational establishment, Landing and Shop

Location Pine Creek-Yarrabah Road, East Trinity

Property Description Lot 158 on N5877 I/we are hereby notifying Cairns Regional Council of my/our intention to commence the approved use outlined above on ___________________________________________ (insert date).

I have read the conditions of the Decision Notice issued and believe that all the applicable conditions have been complied with. Applicant:

Address:

Contact Phone:

Signature of Applicant/Owner:

Date:

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APPENDIX 4: ACNC CHARITY REGISTER SUMMARY

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APPENDIX 5: SUPPORTING INFORMATION – ARTISTS IMPRESSIONS

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170 ORDINARY MEETING 6 - cairns.qld.gov.au...Oct 10, 2018 · 2. CONCURRENCE AGENCY RESPONSE 3....

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Transcript of 170 ORDINARY MEETING 6 - cairns.qld.gov.au...Oct 10, 2018 · 2. CONCURRENCE AGENCY RESPONSE 3....