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Minutes – Ordinary Meeting 8 December 2010 #2999673

CAIRNS REGIONAL COUNCIL

ORDINARY MEETING

8 DECEMBER 2010

10:00 A.M.

PRESENT: Cr V Schier (Chairperson) Cr A Blake Cr S Bonneau Cr M Cochrane Cr L Cooper Cr D Forsyth Cr N Lanskey Cr K Lesina Cr J Leu Cr R Pyne

APOLOGY: Cr P Gregory

OFFICERS:

L Russell Chief Executive Officer R McKim General Manager Infrastructure Services S Philpott General Manager Corporate Services P Tabulo General Manager Planning & Environment B Gardiner General Manager Water & Waste I Lowth General Manager Community, Sport & Cultural Services K Reaston Manager Development Assessment L Phipps Manager Environmental Assessment K Miller Coordinator Local Laws Compliance J McGlone Manager Marketing & Communications F Dix Senior PR/ Media Strategist Officer R Leeds Executive Advisor to the Mayor P Boyd Manager Planning Strategies S Tyter Manager Infrastructure Management K Gilvear Planning Officer F Wilson Manager Economic Development J Brozek Manager Finance S Crampton Supervisor Revenue Collections W Burgess Manager Waste & Environment J Turner Manager Infrastructure Water & Waste S Godkin Minute Secretary

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APOLOGY

Council Notes the apology of Councillor Gregory and grants leave of absence.

PURPOSE OF MEETING

To consider the matters listed on the agenda.

LEU / COCHRANE

That the Minutes of the Ordinary Meeting held on Wednesday, 24 November 2010 be confirmed.

carried

1.

LEU / BONNEAU

That Council:

1. Acknowledge receipt of funding of $2,755,000 from the National Water Security Plan for Cities and Towns.

2. Prepare detailed designs including the tender for award of the construction contract for the Mossman Recycled Water Scheme Project for completion by 30 June 2012.

3. Commence the process for acquisition of all relevant permits, approvals licenses and land tenure in support of the implementation of the proposed scheme.

4. Delegate authority to the Mayor and the Chief Executive Officer in accordance with Section 257 of the Local Government Act 2009 to negotiate and finalise any and all matters in relation to this project and the funding arrangements.

carried

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LANSKEY / BLAKE

That Council note this report.

carried

FORSYTH / COCHRANE


carried

LANSKEY / LEU


carried

LANSKEY / FORSYTH


carried

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COOPER / LESINA

That Rates Based Financial Assistance (RBFA) of $385,109.63 be granted to Not for Profit Recreation, Sporting & Community Groups for the half year ending 30 June 2011 and the amounts specified in the attached schedules be credited to the respective rate files in line with policy.

carried

LANSKEY / LESINA

That Council renames Lot 186 NR6955, the “Vic Petersen Memorial Park”

carried

BONNEAU / BLAKE

That Council renames part of Lot 2 RP902180 (Main Field of Marlin Coast Rangers Football Club), “Pennell Field”.

carried

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LESINA / COOPER

That Council endorses the proposed reallocation of budgetary funds within the Economic Development Fund. That the funding for Research, Diversification, Investment Attraction, Innovation, Business Development be reallocated to a 50% allocation for external applications and 50% allocation for strategy and program delivery by Council’s Economic Development Unit.

Council notes that the reallocation of funds will be formalised in the third budget review.

carried with Councillor Cochrane voting against the motion.

LESINA / FORSYTH

That Council;

A. Notes the outcomes of the Earth Smart Science Schools program from 2010;

B. Commits to Gold Sponsorship for the 2011 calendar year; and

C. Sends correspondence to 2010 Earth Smart Science Schools congratulating them on their excellent achievements this year.

carried

LANSKEY / COOPER

That Council:

A. Discontinue the Edmonton Town Centre Amendment 2009 No. 1; and

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B. Propose to undertake an amendment to the CairnsPlan in accordance with the Sustainable Planning Act 2009 to reflect the revised Edmonton Town Centre; and

C. Write to the Minister to commence the first state interest review and following the review proceed to public notification if the amendment is not subject to any ministerial conditions.

carried

Cr Pyne left the meeting 10:43 a.m.

COCHRANE / BONNEAU

That Council:

A. Notes the Smithfield Town Centre Economic Analysis November 2010 prepared by AEC Group; and

B. Defers the Smithfield Town Centre Amendment 2009 No 2 process until a further report is presented to Council in January, following discussions between Cairns Regional Council’s Economic Consultants and the Economic Consultants representing the key landholders.

carried

COOPER / BLAKE

That Council:

A. notes the Report; and

B. resolves to endorse the draft Submission to the Infrastructure Charges Taskforce as detailed in Annexure 2 to Council’s Agenda 8 December 2010.

carried

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BLAKE / FORSYTH

That Council:

1. Approves the establishment of 'MiniSuper Bonds' for smaller to medium scale developers and / or developments, subject to the following terms and conditions:

a. The purposes for which the bond is held shall be as follows:

i. All maintenance and revegetation bonds for material change of use, reconfiguration and / or operational works within Council's boundaries;

ii. All uncompleted works in respect of reconfigurations where survey plans have been sealed and the reconfiguration has not been accepted "on maintenance" as works are still in progress and due for completion within a three month timeframe;

iii. All material change of use bonds associated with material change of use applications.

b. The bank guarantee amount shall be set at an amount of not greater than $200,000, subject to the following tolerances:

i. The value of works held against the guarantee may be exceeded by up to 20% for a period of no longer than 3 months;

ii. The value of works held against the guarantee may be exceeded by up to 50% for a period of no longer than 1 month.

Where such tolerances are exceeded, additional guarantees may be required at the discretion of the Chief Executive Officer.

c. If the guarantee needs to be called up for multiple works the allocation of the money shall be in the following priority:

i. Completion of works outstanding for stages for which early plan sealing has occurred;

ii. Rectification of construction impacts or defects during the defects liability period;

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iii. All other works, unless there are public health & safety matters that need to be completed.

2. Seek to amend the FNQROC Development Manual as part of the 2010/2011 amendments to reflect the above change.

3. Confirm that Council is not prepared to accept Developers Infrastructure Credits as security for outstanding works.

4. Advise members of the CRC UDIA Working Group of Council's decision.

carried

LEU / LANSKEY

That in accordance with the requirement of the Sustainable Planning Act 2009 Council:

A. Adopts the CairnsPlan 2010 No. 3 amendment and the Douglas Shire Planning Scheme 2010 No. 4 amendment; and

B. Places a public notice in the Cairns Post, Port Douglas and Mossman Gazette and the Government Gazette advising of the adoption.

carried

Cr Pyne returned 10:54 a.m. Cr Cooper left the meeting 10:55 a.m.

BLAKE / LESINA

1. That the report on the Compensation Claims & Appeals for November 2010 be received and noted.

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2. Council resolves that it is satisfied that the services of a barrister and consultants to act for Council in The Appeals are of such a confidential nature that it would be impractical or disadvantageous to the Council to invite quotations and will proceed to procure these services utilising the provisions outlined in Section 184 (b) Local Government (Finance, Plans & Reporting) Regulations 2010.

carried

Cr Cooper returned 10:57 a.m.

FORSYTH / LESINA

That Council refuses the Development Application for Multiple Dwellings (15 units) over land described as Lots 1 and 2 on RP 727318 and Lots 5,6, & 8 on RP 711358 located at 209215 Woodward Street and 1618 Keirie Avenue, Whitfield on the following grounds:

1. The proposed development is contrary to the purpose of the Residential 1 Planning Area Code in as much as:

a) The predominant form of the development is not detached houses on single house lots;

b) The character and amenity of the residential neighbourhood is not maintained and enhanced;

c) The scale and density of the proposal is inconsistent with the existing form of development in the established residential neighbourhood; and

d) The use is identified as an inconsistent use in the Assessment Table.

2. The site population density exceeds that the 70 persons per hectare and as such, does not comply with the Acceptable Measures of the Residential 1 Planning Area.

3. It has not been adequately demonstrated that the proposed development will not result in significant adverse amenity issues to neighbouring dwellings.

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4. It has not been adequately demonstrated that the proposed development will have nonworsening effect on existing stormwater drainage issues in the vicinity of the site.

5. A significant number of Community submissions were received and considered by Council to have sufficient merit.

carried

COCHRANE / BONNEAU

That Council approves the application for Multiple Dwellings (144 x two (2) bedroom units) on land described as Lots 1 4 on RP708630 and Lot 7 on RP720118, located at 113 Bruce Highway and Peterson Road, Edmonton, subject to the following:

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 Floor Plans – Building 1 SK 2001 September 2010 Floor Plans – Building 2 SK 2002 September 2010

Site Plan Level 1 SK1004 September 2010 Site Plan – Semi Basement SK1005 September 2010

Car Parking SK 1007 September 2010 Elevations – Building 1 SK 3001 September 2010 Elevations – Building 2 SK 3002 September 2010

Site Elevations SK 3003 September 2010

Assessment Manager Conditions

1. 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;

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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

Timing of Effect

2. The conditions of the Development Permit must be effected prior to Commencement of Use, except where specified otherwise in these conditions of approval.

Amendment to Design

3. The proposed development must be redesigned to improve internal amenity as well as the appearance of the building. All habitable rooms within nine (9) metres of any other habitable room must be amended to include the following privacy measures:

a. fixed obscure glazing in any part of the window below 1.5 metres above floor level; or

b. fixed external screens; or

c. sill heights of 1.5 metres above floor level.

Additionally, measures must be undertaken to prevent overlooking to the adjacent dwelling/property to the north of the site and the dwellings/properties to the west of the site. Screening or other suitable alternatives must be applied to windows or balconies that overlook adjacent properties to inhibit overlooking to such properties.

The façade of the building to Peterson Road and the Bruce Highway Service Road must be designed such that it incorporates tropical design elements and is visually appealing within the streetscape.

Details of the above amendments must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

AirConditioning Screens

4. Airconditioning units located above ground level and visible from external properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

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Lockable Storage

5. Provide each unit with a minimum of 2.5 m 2 (minimum five (5) m 3 volume) of lockable storage space conveniently located with respect to car accommodation.

Developer Contributions

6. Pay a monetary contribution to Council in accordance with the Planning Scheme Policy towards the provision of water supply, sewerage infrastructure, traffic management and road upgrading, stormwater drainage services, stormwater quality and community purpose infrastructure.

Contributions must be paid at the rates applicable at time of payment.

Payment is required prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Public Art Contribution

7. Pay a monetary contribution to Council in accordance with Council’s General Policy – Public Art towards the provision of Public Art within the community.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $21,600.

Payment is required prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Water Supply and Sewerage Works External

8. Undertake the following water supply and sewerage works external to the site to connect the site to existing water supply and sewerage infrastructure:

a. Augment existing water supply infrastructure to the extent necessary such that the development does not adversely affect the water supply to adjacent properties and such that a water service connection can be provided at the lot frontage;

b. Augment existing sewers and pump station downstream of the site, to the extent required to accommodate the increased flows generated by the development;

c. The property owner’s consent is required to be obtained for works associated with a sewer extension located within private property.

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The external works a. and b. outlined above require approval from Council in accordance with Local Law 22 – (Activities on Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Water Supply and Sewerage Works Internal

9. Undertake the following water supply and sewerage works internal to the subject land:

a. The development must be serviced by a single internal water and sewerage connection made clear of any buildings or structures;

b. Provide a collection manhole within the site;

c. Water supply submetering must be designed and installed in accordance with The Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008;

d. Private Water and Sewerage infrastructure must be managed by a Community Management Scheme. If the development consists of more than one Body Corporate within the site, a parent Body Corporate shall be established to manage the operation and maintenance of the internal water and sewerage infrastructure;

e. Any redundant sewer property connection and water connection shall be decommissioned and removed;

f. Provide an easement over any Council sewer or manhole within the site;

g. Internal property sewers and water mains must be designed and constructed in accordance with the FNQROC Development Manual.

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

Three (3) copies of a plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. 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 or approval and dating of the Building Format Plan, whichever occurs first.

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Inspection of Sewers

10. CCTV inspections of all constructed sewers (including property sewers) must be undertaken. An assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Identified defects are to be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Commencement of Use.

Damage to Infrastructure

11. In the event that any part of Council’s existing sewer/water 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 Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developer’s cost, prior to the Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Water Saving

12. All toilet devices in the development must be fitted with dual flush cisterns and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

Refuse Storage

13. Refuse storage is required to service the site in accordance with Council requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from Cairns Regional Council Water & Waste.

14. The refuse bin enclosure must be roofed and bunded and fitted with a bucket trap.

Vehicle Wash Bay

15. A vehicle wash bay must be provided. The vehicle wash bay must be roofed and bunded and wastewater discharged through a silt pit to sewer or as otherwise agreed by the Chief Executive Officer.

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Vehicle Parking

16. The amount of vehicle parking must be as specified in Council's Planning Scheme which is a minimum of 216 spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvering areas must be imperviously sealed, drained and line marked.

17. The Applicant is to resubmit the swept path diagrams to demonstrate the access can be achieved to the proposed car parking. The design vehicle is to be a B99 vehicle in accordance with the Australian Standard AS/NZS 2890.

Protection of Landscaped Areas from Parking

18. Landscaped areas adjoining the parking area must be protected by a 150mm high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles.

Parking Signage

19. Erect signs advising of the location of the offstreet visitor parking area and access thereto. The signs must be erected prior to Commencement of Use. One (1) sign must be located on the Bruce Highway Service Road and Peterson Road frontage.

Bicycle Parking

20. Provide secured, onsite bicycle parking in accordance with Table 101 of AUSTROADS Guide to Traffic Engineering Practice Part 14 – Bicycles. Based on the provisions in Table 101 (page 133) the minimum number of parking spaces required for this development is 45 spaces. The bicycle parking area must be constructed prior to Commencement of Use.

Lighting

21. All lighting installed upon the premises including car parking areas 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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External Works

22. Undertake the following works external to the land at no cost to Council:

a. Construct a 2.0 metre wide concrete footpath to both the Petersen Road and the Bruce Highway service road frontages in accordance with FNQROC Development Manual Standard Drawing 1035A. The footpath must contain kerb ramps to both roads and to enable access to the Bruce Highway intersection in accordance with FNQROC Development Manual Standard Drawing 1016A. Kerb ramps must be fitted with Tactile Ground Surface Indicators in accordance with Australian Standard AS1428.4: 2002 Design for Access and Mobility Part 4: Tactile Indicators.

b. Provision of a concrete crossover(s) and apron(s) at the nominated site access points (subject to any adjustments required from the traffic study);

c. Construct kerb and channel, with associated underground drainage where required, to both the Petersen Road and the Bruce Highway service road frontages;

d. Reprofile the verges to both road frontages as required to ensure that the site and verge are free drainage to the new kerb and channel levels.;

e. Arrange for undergrounding of all electricity cables to the subject land's frontage.

The external works outlined above require approval from Council in accordance with Local Law 22 – (Activities on Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Above Ground Transformer Cubicles / Electrical SubStations

23. Above ground transformer cubicles and/or electrical substations are to be positioned so that they do not detract from the appearance of the streetscape and must be clear of footpath areas. This will require cubicles/ substations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building. Details of the electrical substation positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

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Under Grounding of Electricity Supply

24. All electricity lines along the full frontages of the subject site are to be placed underground. Such works are to be undertaken by Ergon Energy or an Ergon Energy approved contractor at the applicant’s expense.

Street lighting along the full frontages is to be upgraded to the applicable Lighting Category and lighting columns are to be of steel construction.

Ergon Energy must be notified of these requirements when making application for power supply.

All works must be completed prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Street Lighting

25. Provide Category V5 street lighting along the service road on the Bruce Highway property frontage and Category V3 street lighting along the Petersen Road property frontage in accordance with the Road Lighting Standard AS/NZS 1158 and the FNQROC Development Manual.

Electricity Supply

26. Where Ergon Energy requires a padmount substation within the development site, written confirmation from Ergon Energy of this requirement and details of the proposed location must be submitted to the Chief Executive Officer. The overhead electricity lines along both property frontages are to be placed underground.

27. Development Approval conditions relating to street lighting and electricity supply must be provided to Ergon Energy at the same time as the application for power supply.

Drainage Study of Site

28. Undertake a local drainage study of the site to determine the drainage impacts on upstream and downstream properties and the mitigation measures required to minimise such impacts. In particular, the study must address the following:

a. The contributing catchment boundaries;

b. The extent of the 100 year ARI flood event in relation to the site both pre and postdevelopment;

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c. Primary and secondary flow paths for the 2, 10, and 100 year ARI flood events noting that the internal primary drainage is to be to 10 year ARI flood events in accordance with QUDM;

d. Identify any requirement for drainage easements within the site;

e. Identify any existing overland flows from external upslope catchments in particular to the west and determine how these flows will be accommodated in the drainage design for the site;

f. Lawful point of discharge.

g. Information on the proposed works and any impacts proposed at the drainage outlet from the proposed development. This must include information on the capacity and the levels of the drainage system at the proposed outlet. The information must verify that the discharge point has sufficient capacity and that the levels are appropriate to enable the underground system to control the site whilst achieving acceptable cover to pipes and clearances to services.

h. The required underground drainage must be extended to the point where sufficient capacity and level control exists. Any stormwater pipes proposed to cross the under the verge must not conflict with existing or future services and must be at appropriate depths to achieve the minimum cover to these external services (including HV power).

The study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works and prior to any approvals being issued for Building Works.

Plan of Drainage Works

29. The subject land must be drained to the satisfaction of the Chief Executive Officer. In particular,

a. Drainage infrastructure in accordance with the FNQROC Development Manual

b. The drainage system from the development must incorporate a gross pollutant trap(s) or equivalent measure(s), meeting the following Council specifications for stormwater quality improvement devices (SQID), namely:

i. Endofline stormwater quality improvement devices (SQID) shall be of a proprietary design and construction and shall carry manufacturer’s performance guarantees as to removal of foreign matter from stormwater and structural adequacy of the unit.

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ii. SQIDs shall remove at least ninetyfive per cent of all foreign matter with a minimum dimension of three (3) mm and shall be configured to prevent reinjection of captured contaminants. The SQID treat all first flush runoff, which shall be defined as that volume of water equivalent to the runoff from the three (3) month ARI storm event. The location of SQIDs within the drainage system shall be planned to ensure that the first flush waters from all parts of the (developed) catchment are treated.

iii. The design of the SQID shall not compromise the hydraulic performance of the overall drainage system.

iv. SQIDs shall be positioned so as to provide appropriate access for maintenance equipment.

c. The development shall have immunity from flooding associated with an ARI 100 year rainfall event.

A plan of drainage works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works and prior to any approvals being issued for Building Works.

Acid Sulfate Soil Investigation

30. Undertake an Acid Sulfate Soil investigation in the area to be affected by this development. Soil sampling and analysis must be undertaken in accordance with procedures specified in, ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) or updated version of document produced by Department of Environment and Resource Management (Previously DNRW – QASSIT), and State Planning Policy 2/02 – ‘Planning and Managing Development involving Acid Sulfate Soils’. The results of this investigation must be submitted to Council for approval prior to any earthworks or clearing being commenced on the site.

Identification of soils with a pyrite content in excess of the action levels nominated in the latest version of DNRW – QASSIT: ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) will trigger the requirement for preparation of an Acid Sulfate Soil Environmental Management Plan in accordance with the most recent requirements of the DNRW: ‘Queensland Acid Sulfate Soil Technical Manual’ (2002) including Soil Management Guidelines (updated Feb. 2003) which must be prepared to the satisfaction of the Chief Executive Officer.

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Stockpiling and Transportation of Fill Material

31. Soil used for filling or spoil from the excavation is not to be stockpiled in locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works.

Transportation of fill or spoil to and from the site must not occur within:

a. peak traffic times; b. before 7:00 am or after 6:00 pm Monday to Friday; c. before 7:00 am or after 1:00 pm Saturdays; or d. on Sundays or Public Holidays.

32. Dust emissions or other air pollutants, including odours, must not extend beyond the boundary of the site and cause a nuisance to surrounding properties.

Storage of Machinery and Plant

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

Landscaping Plan

34. The site must be landscaped in accordance with details included on a Landscaping Plan. The Landscaping Plan must show:

Planting Design

a. The location and species of all existing trees, with an indication as to whether each tree is to be retained or removed, and natural and finished ground levels if filling is to occur in the vicinity of any tree.

b. The inclusion of individual character through landscape design and plant species for the various streets within the development;

c. A planting design which is in accordance with the FNQROC Development Manual;

d. A planting design that does not include any species that are identified as Declared or Environmental Weeds or constitute an Invasive Species;

e. Provide a hierarchy of planting, which includes shade trees, shrubs and groundcovers;

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f. Planting details of the landscape zone between the proposed units and all boundaries of the site as well as internally between units. Tree species to be used must have the ability to grow in excess of six (6) metres and must be well established at the time of planting. They must be planted at regular intervals to achieve an immediate screening effect.

The whole planting area must be mulched with shredded / chipped vegetation waste, or similar material. All the trees in the planting sites must be watered during dry periods, either by water truck or with a temporary drip or sprinkler irrigation system. Plantings along the boundaries must be able to provide screening that prevents overlooking to adjacent properties;

g. The detail concerning the soil preparation of the 3.5 meter landscaped zone. The soil must be well prepared (not compacted) and fertilized with organic fertilizers to encourage strong growth; and

Hard Landscaping Works

a. Natural and finished ground levels including details of all retaining works;

b. Details of any perimeter, private yard or street fencing;

c. Protection of landscaped areas adjoining parking areas from vehicular encroachment by a 150 mm high vertical concrete kerb or similar obstruction;

d. Clothes drying areas screened from public view and have access to natural sunlight.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs first. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Notification of Vegetation Clearing

35. Council’s Development Assessment Branch must be notified two (2) business days prior to the proposed date of commencement of any approved vegetation clearing.

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Existing Creek and Drainage Systems

36. All existing creek systems and drainage areas must be left in their current state, including no channel alterations and no removal of vegetation unless consented to in writing by the Chief Executive Officer.

The applicant / owner must obtain any necessary approvals from the Department of Environment and Resource Management for carrying out works in a watercourse.

Lawful Point of Discharge

37. All stormwater from the property must be directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Sediment and Erosion Control

38. Soil and water management measures must be installed / implemented prior to the issue of a Development Permit for Operational Works. Such plans 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).

Screen Fence

39. A screen fence must be provided to the side and rear boundaries of the subject land, to the satisfaction of the Chief Executive Officer. The fencing must be consistent in terms of design and materials with other fences in the locality. The fencing must be completed prior to the Commencement of Use.

Street Fencing

40. Any proposed fences and/or walls to any road frontage are to be limited to the following:

a. 1.2 metres in height if solid; or b. 1.5 metres in height if at least 25% visually transparent; or c. 1.8 metres in height if at least 50% visually transparent.

Details of the street fencing must be detailed in the Landscape Plan and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

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Ponding and/or Concentration of Stormwater

41. The proposed development is not to create ponding nuisances and/or concentration of stormwater flows to adjoining properties.

Details of Development Signage

42. The development must provide clear and legible signage incorporating the street number for the benefit of the public.

Advertising Signage

43. Signs on the subject land must conform with Council's Local Law No 28 (Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer.

Construction Signage

44. 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

Crime Prevention Through Environmental Design

45. All lighting and landscaping requirements are to comply with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

Health

46. Noise from airconditioning units, swimming and spa pool filters, service equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 2008.

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47. Swimming pool water quality must be maintained in accordance with the Queensland Health Swimming and Spa Pool Water Quality and Operational Guidelines 2004.

Updated Traffic Study

48. The applicant/owner must undertake a traffic study of the site to determine the impacts on the existing and planned network and the measures required to minimise such impacts. In particular, the study must address the following:

a. Council advises that if unrestricted access is proposed to the Petersen Road access point, a type CHR intersection is to be provided for west bound traffic entering the site to accommodate this movement and avoid queuing impacts onto the highway. Alternatively, if this right turn is not proposed to be permitted a physical barrier, kerbing or similar is to be provided to prohibit this movements.

b. The revised traffic study is to assess the vehicles entering the site from Petersen Road from an eastbound direction and determine if a left turning lane is warranted.

c. The revised traffic study is to assess all vehicles movements exiting the site from the proposed exit point onto the service road and confirm if any conflicts exist with unsighted vehicles entering the service Road from Petersen Road. The access point must be located and controlled such that the potential conflict points are addressed. Minimum site distances are to be demonstrated and certified by an RPEQ with appropriate relevant experience in traffic engineering. Compliance with this condition may require changes to the layout if the access location requires greater site distance.

d. The proposed site access onto the service road appears to conflict with the current traffic island in the service road. The revised study is to consider the ingress and egress movements and confirm how any conflicts are proposed to be managed. Swept path diagrams are to be provided for service vehicles.

The study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works and prior to any approvals being issued for Building Works.

25


CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrence Agency Concurrence Agency Ref

Date Council Electronic Ref

Department of Transport and Main Roads

214/10P/102 (3824) CRN 292

2/11/2010 2782817

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies).

ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 339 and Section 341 of the Sustainable Planning Act 2009.

2. 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 potential cyclone warning and that relevant emergency telephone contacts are provided to Council officers, prior to commencement of works.

3. Supporting documentation outlining the required information for the Dewatering Report is attached to this Development Approval. Further information can be obtained from Council’s Environmental Protection Unit on (07) 4044 3044.

4. This approval does not negate the requirement for compliance with relevant Local Laws and statutory requirements.

5. For information relating to the Sustainable Planning Act 2009 log on to www.dip.qld.gov.au. To access the FNQROC Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

6. Headwork contribution calculations are attached as Appendix 3. Please note that the contributions must be paid at the rates applicable at the time of payment. Updated calculations must be requested prior to payment.

7. The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 applies to action that has, will have or is likely to have a significant impact on matters of national environmental significance.

26


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

carried with Councillors Leu, Pyne and Lanskey voting against the motion

FORSYTH / COCHRANE

That Council approves the request for Material Change of Use for Special Residential Accommodation at 727 McLachlan Street Manunda more particularly described as Lots 036 on SP171182 subject to the following:

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 Site Plan Drawing D01/A Prepared by JB Design

Cairns Pty Ltd (Council Ref No 2673929) July 2004

Floor Plan Drawing D02 Prepared by JB Design Cairns Pty Ltd (Council Ref No 2673929)

July 2004

Elevations Drawing D03 Prepared by JB Design Cairns Pty Ltd (Council Ref No 2673929)

July 2004

Upper Floor Unit Layouts Drawing D04 Prepared by JB Design Cairns Pty Ltd (Council Ref No 2673929)

July 2004

Lower Floor Unit Layouts Drawing D05 Prepared by JB Design Cairns Pty Ltd (Council Ref No 2673929)

July 2004

ASSESSMENT MANAGER CONDITIONS




Except where modified by these conditions of approval.

27


Timing of Effect

2. The conditions of the Development Permit must be effected within 3 months of the date of this Decision Notice, except where specified otherwise in these conditions of approval.

Developer Contributions

3. Pay a monetary contribution for any additional dwelling unit to Council in accordance with the Planning Scheme Policy towards the provision of water supply, sewerage infrastructure, traffic management and road upgrading, stormwater drainage services, stormwater quality, public art and community purpose infrastructure.

Contributions must be paid at the rates applicable at time of payment.

Payment is required prior to issue of a Development Permit for Building Work.

Limitation of Use

4. The number of dwelling units is limited to 88 units of Special Residential Accommodation and Caretaker’s Accommodation.

Screen Fence

5. The site must be contained behind a 2 metre high fence and or gates for the full width to all frontages.

Gates

6. With the exception of the main service entrance to McDonnell Street all access points to the site shall be gated (whether vehicle or pedestrian). Gates to all access points shall be operated by electronic key tag only.

7. All gates must be inward opening.

Resident Plan of Management

8. The applicant is to prepare a Resident Plan of Management in conjunction with the local Police outlining methods to control or prevent poor behaviour by residents. The Plan of Management must indicate methods proposed to manage disturbances and poor behaviour. The Plan of Management is to be enacted by designated/selected staff whom must be present at the site at all times. A copy of the Plan of Management is to be provided to Council prior to commencement of use and must be complied with at all times.

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Signage

9. Signage is to be provided at the entrance to McDonnell Street indicating this as the principal point of access. Signage must be erected at all other entrance gates stipulating the McDonnell Street entrance as the main point of entry and specifying hours of entry for all other access points.

Vehicle Parking

10. The amount of vehicle parking must be thirty two (32) spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities off street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvering areas must be imperviously sealed, drained and line marked.

Water Saving

11. All new toilets in the Special Residential Accommodation must be fitted with dual flush cisterns and water flow regulators must be fitted to all new shower recesses, bathrooms and kitchen facilities where applicable to generally restrict water flow to 9 litres of water per minute, all to the satisfaction of the Chief Executive Officer.

Onsite Caretaker

12. The Complex must have an onsite live in Caretaker/s, this is to be included in the management plan, or equivalent document, for the Special Residential Accommodation.

General Storage

13. A covered and secure storage area is to be provided in the vicinity of the Main Building as shown on the application plan, to accommodate a minimum of 10 bicycles and any other storage needs of the residents and to supplement the storage areas provided with each unit.

Storage Lockers

14. Secure storage areas are to be provided in proximity to each unit as indicated on the application plan. The storage areas shall be made available to each resident, and shall have a minimum floor space of 2m² per unit and a minimum height of 2 metres.

29


Crime Prevention Through Environmental Design:

15. The applicant/owner must ensure that all lighting and landscaping requirements comply with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

Clothes Drying Facilities

16. A clothes drying rack shall be provided for each unit. The racks shall be appropriately screened from view from adjoining units.

Special Residential Accommodation

17. The approved use of the land is for Special Residential Accommodation only.


Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

Department of Transport & Main Roads

214/649/102(1655.02) 8 Oct 2010 2755191

Department of Envt & Resource Management

337144 / SPAR01101810 20 Oct 2010 2767382


FURTHER ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 339 of the Sustainable Planning Act 2009.

2. 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.

3. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.

4. Please note that contributions must be paid at the rates applicable at the time of payment. Updated calculations must be requested prior to payment.

30


5. Upon construction of the additional 20 approved units the existing Certificate of Registration as a Residential Service Issued by the Residential Services Accreditation unit of the Queensland Department of Employment, Economic Development and Innovation is required to be amended to reflect the additional units prior to commencement of use.

6. For information relating to the Sustainable Planning Act 2009 log on to www.dip.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

carried with Councillors Pyne and Lanskey voting against the motion

BLAKE / LESINA

That Council approves the development application for Extension to Existing Outdoor Sport and Entertainment (Sporting Complex) over land described as Lots 10 & 30 on SP171190 and Lot 1 on RP716144, located at 326344 Mulgrave Road & 4561 Tills Street, Westcourt, subject to the following:

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

Site Plan Populous Architects 10717300 Drawing AS.01.001 REV A

6 October 2010

Ground Floor Plan Populous Architects 10717300 Drawing AS.03.001 REV A

6 October 2010

Floor Plan – Level 1 Populous Architects 10717300 Drawing AS.03.101 REV A

6 October 2010

Elevations Populous Architects 10717300 Drawing AS.10.001 REV A

6 October 2010

31


ASSESSMENT MANAGER CONDITIONS




Except where modified by these conditions of approval

Timing of Effect

2. The conditions of the Development Permit must be effected prior to Commencement of Use, except where specified otherwise in these conditions of approval.

Minimum Fill and Floor Levels

3. All floor levels in all buildings must be located 150mm above the Q100 flood immunity level of 3.5 metres AHD, plus any hydraulic grade effect (whichever is the greater), in accordance with FNQROC Development Manual and Planning Scheme requirements. Council’s current records indicate existing ground levels of approximately 2.3 – 3.0 metres.

Overflow Relief Gully Savers

4. As the existing floor levels are below the Q100 immunity level the applicant is required to fit Overflow Relief Gully Savers (ORG Savers) to the existing building that is to be refurbished under this approval.

Vehicle Parking

5. The amount of vehicle parking to be retained on site must be a minimum of two hundred and sixty eight (268) spaces.

Damage to Infrastructure

6. In the event that any part of Council’s existing sewer/water 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 Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developer’s cost, prior to the Commencement of Use.

32


Water Saving

7. All toilet devices that may be included in the development must be fitted with dual flush cisterns and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

Lawful Point of Discharge

8. All stormwater from the property must be directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Nonworsening condition

9. The post development discharge of stormwater from the subject site must have no worsening effect on the drainage of upstream or downstream properties.

Sediment and Erosion Control

10. 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).

Lighting

11. All lighting installed upon the premises 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.

Crime Prevention Through Environmental Design 12. All lighting and landscaping requirements are to comply with Council’s

General Policy Crime Prevention Through Environmental Design (CPTED).


Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

Department Transport & Main Roads

214/809/102(107605 ) CRN 314

29 October 2010 2779745

33



FURTHER ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 339 of the Sustainable Planning Act 2009.

2. 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.

3. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.

4. for information relating to the Sustainable Planning Act 2009 log on to www.dip.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

carried

BONNEAU / LANSKEY

That Council approves the request to extend the relevant period for Development Permit 8/8/840, subject to the following:

1. That the currency period is extended for four years and now expires on the 17 February 2015.

2. All other conditions and advice contained in Decision Notice 8/8/840 (#1442941, dated 17 February 2007) remain unchanged.

carried with Councillor Pyne voting against the motion.

34


LEU / PYNE

That Council approves the development application for Shopping Facilities & Business Facilities Request for Minor Change to Conditions of Approval over land described as Lot 101 SP 186233, located at 63 Front Street, Mossman, subject to the following:

RECOMMENDATION:

That Council approves the request for an Extension of the Currency Period for Development Approval 8/38/2, over land described as Lot 101 on SP 186233, 63 Front Street, Mossman, for four (4) years up to and including 8 August 2015, subject to the following;

1. That condition 12 be deleted and replaced with the following conditions:

12 Contributions

Water Supply Contributions

12A. Pay a monetary contribution to Council in accordance with the Planning Scheme Policy towards the provision of water supply infrastructure.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are estimated to be $111,658.69 (28.6 EDUs based on additional floor area of 7,146sqm).

Payment is required prior to the issue of a Development Permit for Building Work.

Wastewater Contributions

12B. Pay a monetary contribution to Council in accordance with the Planning Scheme Policy towards the provision of sewerage infrastructure.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are estimated to be $230,542.81 (28.6 EDUs based on additional floor area of 7,146sqm).

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Payment is required prior to the issue of a Development Permit for Building Work.

2. All other conditions of the Decision Notice 8/38/2 dated 8 August 2007 and amended 12 May 2009 remain unchanged.

carried

BLAKE / FORSYTH

1. That Council refuse to renew or approve any applications submitted to Council by or on behalf of Hostel Reef Trips Pty Ltd trading as Reef Encounter & Compass Cruises to display Portable Advertisements in the Cairns area, other than one (1) at the business location of 100 Abbott Street, Cairns City.

2. That Council request all other Reef Encounter & Compass Cruises signs are to be removed by 5pm Thursday 30 June 2011, otherwise Council staff are duly authorised to remove them.

lost with Councillors, Schier, Leu, Forsyth, Cooper, Lesina, Pyne and Lanskey voting against the motion.

LESINA / PYNE

1. That Council refuse to renew or approve any applications submitted to Council by or on behalf of Hostel Reef Trips Pty Ltd trading as Reef Encounter & Compass Cruises to display Portable Advertisements in the Cairns area, other than one (1) at the business location of 100 Abbott Street, Cairns City.

2. That Council request all other Reef Encounter & Compass Cruises signs are to be removed by 5pm Friday 10 th December 2010, otherwise Council staff are duly authorised to remove them.

carried with Councillors Bonneau, Cochrane and Blake voting against the motion.

Cr Lesina left the meeting 11:29 a.m. Cr Lesina returned 11:31 a.m.

36


FORSYTH / LEU

That Council refuses the Application to exhibit a freestanding offsite advertising device on property located at Lot 52 on SP109363, Southern Access Road, Woree in accordance with Local Law No. 28 (Control of Advertising).

carried with Councillors Cochrane and Cooper voting against the motion.

There was discussion regarding a possible conflict of interest for Cr Schier and Cr Lanskey as past/current members of Cairns Historical Society. Councillors resolved there was no conflict of interest.

BLAKE / LANSKEY

That Council agrees to prioritise essential remediation works for the School of Arts building and supports in principle the consideration of all options identified through the master planning process for the building in the context of the development of the City Centre Masterplan and future capital works programs.

carried

LESINA / PYNE

That Council undertakes a detailed feasibility study to determine accurate costs and options for replacement or relocation of the Christmas tree for 2011.

carried

37


BLAKE / FORSYTH

That the dwelling proposed to be relocated to 30 Cambrian Avenue Smithfield from 27 Mayers Street Manunda appears to be in a satisfactory condition to relocate and it is considered by Council to be in minor conflict rather than extreme conflict with the character of the locality. The request to relocate the dwelling is therefore approved.

carried

GENERAL BUSINESS

The petition was tabled and will be referred to Council officers for comment.

The petition was tabled and will be referred to Council officers for comment.

The Mayor advised that the Sugarworld Waterpark Lagoon will be open from this weekend.

CLOSED SESSION

BLAKE / LANSKEY

Cr Schier left the meeting 12:06 p.m. Cr Schier returned 12:07 p.m.

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COUNCIL RESOLVE INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA:

carried

OUT OF CLOSED SESSION

COUNCIL RESOLVE TO MOVE OUT OF CLOSED SESSION

BLAKE / COOPER

carried

RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

39


BLAKE / LANSKEY

That Council:

1. Award Contract No. 75317 Supply and Installation of Landfill Liner for Portsmith Landfill to FABTECH Pty Ltd for the sum of $2,020,572.86 exclusive of GST.

2. Delegate authority to the Mayor and the Chief Executive Officer in accordance with Section 257 of the Local Government Act 2009 to negotiate and finalise any and all matters in relation to Contract 75317.

carried

LEU / LANSKEY

That Council:

1. Establish the Mulgrave River Aquifer Community Reference Panel with the following members:

• Mr Peter Flanders Mulgrave Central Mill representative • Mr Bruce Corcoran Mulgrave Landcare and Catchment Group

representative • Mrs Robyn Quick – Mulgrave and District Chamber of Commerce

representative • Mr Graham Wienert – Canegrowers Cairns Region representative • Mr Bernie Triggs – Aloomba Fishery Falls Progress Association

representative • Mr Clive Murray – Wanyurr Majay representative • Mr Douglas New Community representative • Mr Bob Walker Community representative.

2. Invite Dr Allan Dale from the Cairns Institute to be the independent Chair of the reference panel.

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3. Provide administrative support to the group through Water & Waste operational budgets.

carried

LESINA / FORSYTH

That Council approves the appointment of the following community representatives to Cairns YEA!:

Tulsa Gautam Elizabeth Jasperson Paricxit Dahal Felicity Honnef Reyoen Dahal

carried

BLAKE / BONNEAU

That Council resolves:

a) Contract 2243 – provision of cleaning services to Inner City Facilities, to be awarded to S.K.R.H. Pty Ltd T/A Abelia Cleaning ACN 110 771 643, for the lump sum value of $408,280.68 inclusive of GST, for a period of three years in accordance with the tender conditions; and

b) That the Chief Executive Officer be given delegated authority in accordance with Section 257 of the Local Government Act 2009 to negotiate and finalise any and all matters in relation to this contract.

carried

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COOPER / LESINA

That Council notes that it has been updated on the status of the outstanding debt owed to Council as at 26 November 2010.

carried

THE MEETING CLOSED AT 12:21 PM

CONFIRMED THIS DAY OF 2010

………………………… ………………………………………. MAYOR CHIEF EXECUTIVE OFFICER

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