cairns city council minutes planning & environment

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Minutes – Planning & Environment Committee – 17/6/2004 - #806854

CAIRNS CITY COUNCIL

MINUTES

PLANNING & ENVIRONMENT COMMITTEE

17 JUNE 2004

COMMENCING AT 5.30 PM

PRESENT: Councillor A Blake Councillor S Bonneau Councillor K Byrne (Chairperson) Councillor M Cochrane Councillor D Ford Councillor P Freebody Councillor M Gill Councillor P Gregory Councillor T James Councillor F Lindsay Councillor J Pezzutti Councillor K Plath Councillor A Sheppard OFFICERS: D Farmer Chief Executive Officer P Tabulo General Manager City Development J Scarini General Manager Corporate Services N Huddy Manager City Assessment L Kirchner Manager Legal & Administration G Schofield Manager Media & Public Relations J Wright Team Leader Local Laws A Searle Property Officer D Quick Executive Assistant to the Mayor S Shearer Secretary

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1. REQUEST FOR PEDESTRIAN ACCESS EASEMENT OVER COUNCIL’S FREEHOLD LOT 157 ON RP731900 – THAIS STREET, PALM COVE – APPLICANT: MANGO LAGOON PALM COVE PTY LTD – DIV. 11 1

Allan Simpson : 19/1-2-10: #801255 BONNEAU / COCHRANE

That Council advise Woodhead International on behalf of Mango Lagoon Palm Cove Pty Ltd (“the Applicant”) that it does not approve of the provision of a carriageway easement over Lot 157 on RP731900, Thais Street, Palm Cove, to provide pedestrian access to the Mango lagoon development on Lot 5 on RP719046, 81-85 Cedar Road, Palm Cove.

carried

2. REQUESTS FOR EASEMENT ACCESS AND PARKING OVER LOT 665 ON NR7004 – 147 ENGLISH STREET, MANUNDA – RESERVE FOR PARK & RECREATION – APPLICANT: SP MACDONALD & KA PETERS (ACCESS) & ENGLISH STREET TRADERS BODY CORPORATE (PARKING) – DIV. 6 12

Allan Simpson : 19/3/3-52: #787470 GILL / FORD

1. That Council advise S.P Macdonald and K.A. Peters and Trimble Real Estate Pty Ltd on behalf of the English Street Traders Body Corporate that it does not approve of the use of any part of Lot 665 on NR7004 (147 English Street, Manunda) being Reserve for Park and Recreation for access or car parking purposes.

2. Council advise Natural Resources, Mines and Energy of its decision in this regard.

3. Council investigate the apparent encroachment on to the Reserve by a boundary fence extension in place at the northern boundary of Lot 21.

carried

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3. COMBINED APPLICATION – RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR AN ADDITIONAL DWELLING HOUSE – LOT 9 OSPREY CLOSE, BAYVIEW HEIGHTS 18

Jenny Elphinstone: 8/30/34-01 : #774209 FREEBODY / PEZZUTTI

A. That Council resolve to issue a Development Permit for a Reconfiguration of a Lot and Material Change of Use (Impact Assessment) for the reconfiguration of land (1 Lt into 2 Residential Lots) and the creation of an Access Easement to a road and the development of a dwelling on each Residential Lot over land at Lot 9 Osprey Close, Bayview Heights, more particularly described as Lot 9 on SP136900 subject to the following conditions:

Assessment Manager Conditions

1. The applicant/owner must at all times during the development of the subject land, carry out the development and construction of any building thereon and conduct the approved use generally in accordance with:

a. The approved plans prepared by Brazier Motti 30891/002B dated 26 February 2004 submitted to Council on 8 March 2004 together with the plans, specifications, facts and circumstances as set out in the application submitted to Council, showing the location of second dwelling envelope and driveway access.

b. Building colours, materials and finishes being consistent with the requirements of the Hillslopes Development Control Plan.

c. To ensure that the development complies in all respects with the requirements of Council’s Planning Scheme, Development Manual and good engineering practice.

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit must be effected prior to the signing and dating of the Survey Plan, except where specified otherwise in these conditions of approval. The issue of a Development Permit for Building Work in respect to the development of a second dwelling on the existing Lot 9 on SP 136900 cannot occur until the signing and dating of the Plan of Survey for the two lot reconfiguration.

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Water Supply and Sewerage Works

3 a. The applicant/owner must carry out water supply and sewerage works to connect to Council’s existing water supply and sewerage headworks and provide sufficient capacity to the development at a point determined by the Chief Executive Officer.

Three (3) copies of a plan of the works must be submitted prior to the and endorsed by the Chief Executive Officer prior to the signing and dating of the Survey Plan.

b. The works for the Access Easement must be designed and undertaken such that minimal disturbance occurs to the existing site. To this extent the engineering report shall be accompanied by an Environmental Management Plan (EMP) to ensure that the impacts of development on the environment are adequately controlled. The EMP is to be approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

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

Lawful Point of Discharge

4. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge being nominally Osprey Close. The applicant/owner must submit a detailed stormwater management plan for approval by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Access & Drainage

5. Access and drainage shall be designed and constructed to include the following:

a. The driveway shall be a minimum of a 3.5 metre wide concrete slab, with barrier kerb and channel provided on the either side for vehicular safety and drainage purposes;

b. The maximum driveway longitudinal grade shall be 20%;

c. The driveway shall be constructed in such a manner as to ensure that the crossfall of the driveway be one-way and directed into the hill, for vehicle safety and drainage purposes;

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d. A turn around shall be provided adjacent to each of the proposed dwellings sufficient to allow turning movements for an emergency services vehicle;

e. The driveway shall be located to minimise the visual impact, and minimise the amount of earthworks required; and

f. The both sides of the area adjacent to the driveway shall be re-vegetated to minimise visual impact. This information is to be included in the application for engineering approval.

Three copies of the plan of works shall be provided to Council and approved by the Chief Executive Officer prior to the signing and dating of the Survey Plan.

6. An adequate driveway drainage system shall be constructed to cater for 2 year ARI drainage events, including stormwater collection pits, kerb and channelling and underground pipes and be directed to a lawful point of discharge to the satisfaction of the Chief Executive Officer. A stormwater collection device (trench grate or pit) shall be installed at the intersection of the driveway with Osprey Close, to satisfaction of the Chief Executive Officer and shall be of sufficient capacity to accommodate 2 year ARI flows discharging from the subject land. The stormwater pit shall be connected to the lawful point of discharge via an underground stormwater connection.

Three copies of the plan of works shall be provided to Council and approved to the satisfaction of the Chief Executive Officer prior to the signing and dating of the Survey Plan.

7. A slope stability report including revegetation and stabilisation measures to the satisfaction of the Chief Executive Officer shall be provided prior to the signing and dating of the Survey Plan. The measures shall address the driveway batters as well as the earthworks to be undertaken for the construction of the dwelling. The measures shall be undertaken prior to the commencement of any earthworks on the site.

Visual Impact & Landscaping

8. All building on the proposed Lot 91 must be within the building envelope defined by the nominated envelope attached as prepared and submitted by Brazier Motti 30891/002B dated 26 February 2004 on 8 March 2004 and as amended by Council on 17 June 2004 to define a specific building envelopes. This amended envelope excludes the access driveway.

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9. Buildings on Proposed Lot 92 are limited to a building envelope and also no building can occur in areas of slope greater than 1 in 6 within that specified building envelope.

10. The building shall have a maximum height of 4.5m; the roofline shall not extend above the ridge top tree lines; the roof pitch shall be less or equal to 15o and where the slope is greater than 1:6, the roof line should be parallel to the slope.

11. The applicant must submit a detailed plan indicating existing vegetation to be retained for the purpose of screening the proposed dwelling, as well as details of proposed landscaping and screening within 15 metres of the proposed building envelope(s). The landscape / vegetation management plan should indicate native species appropriate to the ecosystem of the area and its effectiveness for long term maintenance and shall be submitted to Council and approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work respective to the development of a dwelling on each lot.

Existing native and mature vegetation shall only be removed with the prior written consent of the Chief Executive Officer. All vegetation proposed for removal shall be marked by the applicant/owner and approved by Council Officers prior to being removed. Council’s City Assessment Branch is to be notified of the proposed date of commencement of any approved vegetation clearing.

Water Saving

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

Construction

13. The applicant/owner is to ensure at all times that dust suppression measures are undertaken, that all materials are appropriately stored and that any unsealed areas do not create a dust nuisance to surrounding areas, to the satisfaction of the Chief Executive Officer.

Fire Hazard

14. The applicant/owner is to provide written confirmation from the Queensland Fire Services Authority that proposed measures to reduce the risk of bushfire within the subject site are acceptable. This written confirmation shall be provided prior to the issue of a Development Permit for Building Work respective to the development of a dwelling on each lot.

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15. All water supply infrastructure shall be provided with fire fighting capacity to the requirements of Council’s Domestic Demand requirements and to the satisfaction of the Queensland Fire Services for fire fighting purposes. This written confirmation shall be provided to Council prior to the issue of a Development Permit for Building Work respective to the development of a dwelling on each lot.

16. The applicant must provide a Statutory Covenant for Environmental and Amenity Purposes to be registered on title over proposed Lot 92 and is to include all of the lot areas excluding the nominated Building Envelope as specified under Condition 8 above and the proposed vehicle access for that dwelling. The Covenant is to be registered prior to the signing and dating of the Survey Plan.

Water Supply Contributions

17. The applicant/owner must contribute in accordance with Council's policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $4,671.93 (1.2 EDCs) for water and $2,747.30 (1.0 EDCs) for sewerage.

Payment is required prior to the approval and dating of the Survey Plan.

Traffic Management Contributions

18. The applicant/owner must contribute towards Council's Traffic Management/Road Upgrading Program in accordance with Cairns City Council Traffic Management Plans.

The contribution rate is that which is current at the time of payment. The current rate of contribution is $2,309.03 (1.0 ERA). Payment is required prior to the approval and dating of the Survey Plan.

Stormwater Quality Drainage Requirement

19. The applicant/owner must contribute towards the augmentation of stormwater drainage services and associated services in accordance with Gordon Creek Drainage Management Plan.

The contribution rate is that which is current at the time of payment. The current rate of contribution is $597.95 (.04646Ha). Payment is required prior to the approval and dating of the Survey Plan.

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ADVICE

1. Council’s Rates Record for the subject site shall be amended to reflect the Department of Main Roads’ conditions numbered 1 and 2 (Permitted Road Access Location).

2. All building site managers must take all action necessary to ensure building materials and/or machinery on the site are secured immediately following the first potential cyclone warning and that the relevant emergency telephone contacts are provided to Council Officers prior to the commencement of works.

3. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au To access Council’s Development Manual, Local Laws and other applicable policies, log on to www.cairns.qld.gov.au

B. That Council notate the Council rate record in respect to Conditions 2, 8, 9, 10, 11, 12, 14 and 15 of the above approval.

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4. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – RESIDENTIAL/COMMERCIAL USES IN A TALL BUILDING AT 93-95 MCLEOD & 64 WATER STREETS, CAIRNS CITY – DIVISION 6 29

Jenny Elphinstone: 8/8/572-01 : #766182 GILL / BLAKE

That Council issue a Development Permit for a Material Change of Use (Impact Assessment) for the development of a Tall Building to contain forty-four (44) residential units to be used as Accommodation Units (High Density) and / or Holiday Apartments (High Density), including a Manager’s Unit and 400m2 of floor space to be used for any of the following Self Assessable uses in the Central Business Zone: Catering Shop; Commercial Premises; Commercial Services; Late Night Shop, Restaurant and/or Shop on land at 93-95 McLeod Street and 64 Water Street, Cairns City, more particularly described as Lots 1 and 2 on RP710040 and Lot 324 on C1983 subject to the following conditions:


1. The applicant/owner must at all times during the development of the subject land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

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a. The approved plan attached (Drawings CMC-03: DA01 Revision 4 dated 28/2/04; DA02 revision 5 dated 28/2/04; DA04 Revision 1 dated 28/2/04; by Total Project Group;

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

c. To ensure that the development complies in all respects with the requirements of Council's Planning Scheme, Development Manual and good engineering practice.


Timing of Effect

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

Car Parking and Access Requirements

3. The amount of vehicle parking must be as specified in Council's Planning Scheme which is 57 spaces of which 11 spaces must be made available to the public in association with the use of the commercial floor area fronting McLeod Street.

4. The applicant/owner must submit a report prepared by a qualified and experienced, registered engineer on the basement parking. The report must be submitted at the time of lodgement of a Development Application for Building Work and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

a. The report must address the following matters:

i. Construction techniques;

ii. De-watering and pumping equipment to be installed;

iii. Details on the satisfactory disposal of water;

iv. Techniques to imperviously seal the basement; and

v. The method of ventilation.

b. The access to the basement park must be designed to prevent 100 year ARI flood waters from entering the park and must have a minimum vertical clearance of 2.1 metres.

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Parking Signage

5. The applicant/owner must erect a sign at the Water Street entrance to the development site to the satisfaction of the Chief Executive Officer, advising of the location of the off-street parking area and access thereto. Details of the sign(s) must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. The sign(s) must be erected prior to the commencement of the use.

Physical Means of Speed Control at Driveway Exit

6. The vehicular driveway serving the parking area must include a physical means of speed control at the exit point. Details of the speed control device must be submitted and approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Landscaping

7. The applicant/owner must landscape the subject land and street frontage in accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit. In particular, the plan must show:

a. The inclusion of architectural elements to break-up the ground floor façade of the Water Street frontage to create a positive element in the streetscape. In particular, the plan shall include textural and colour treatment of the wall to add variety to the façade. The use of glass blocks and moulded framing is encouraged.

b. The inclusion of further vegetation and facilities to the roof deck area to soften this environment and to encourage the residential occupants’ use of this area.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.

Areas to be landscaped must be established prior to the commencement of the use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Side Boundary Walls

8. Where the development proposed solid side boundary walls at ground levels to neighbouring residential properties, the external face of the walls must be rendered and painted to achieve an effective quality finish to the satisfaction of the Chief Executive Officer.

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Water Saving

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

Acid Sulphate Soils – Basement/Pool Disturbance

10. The basement/pool excavation proposed may result in disturbance of potential acid sulphate soils (PASS). Prior to excavation, in association with geotechnical assessment, an acid sulphate soil investigation must be undertaken. The investigation must be performed in accordance with the latest ‘Guidelines for Sampling and Analysis of Lowland Acid Sulphate Soils in Queensland’ produced by the Department of Natural Resources and Mines, and State Planning Policy 2/02 – Planning and Managing Development involving Acid Sulphate Soils. Where it is found that PASS exist, treatment of soil must be undertaken on-site to neutralise acid, prior to disposal as fill, in accordance with the DNRM ‘Queensland Acid Sulphate Soil Technical Manual’.

Construction Works

11. The applicant/owner must ensure that on completion of any on-site construction works the subject land is maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer.

Amalgamation Required

12. The applicant/owner is responsible for the reconfiguration (amalgamation) of Lots 1 and 2 on RP 710040 and Lot 324 on C1983 into one lot. The Plan of Survey must be registered with the Department of Natural Resources and Mines at the applicant's/owner's cost prior to the commencement of use.

Minimum Fill and Habitable Floor Levels: CBD and Environs Area

13. All habitable floor levels in all buildings must be located 300 mm above the Q100 flood immunity level of 3.2mAHD, in accordance with Development Manual and Planning Scheme requirements.


14. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge being McLeod Street 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.

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General External Works

15. The applicant/owner must at its own cost undertake the following works external to the subject land:

a. Construct a 2.0 metre wide concrete footpath to the McLeod Street frontage of the subject land, and construct 1.5 metre wide to the Water Street frontage of the subject land;

b. Construct full width bitumen widening to the McLeod Street frontage of the subject land and join neatly to the existing bitumen located to the frontage of Lot 95 on RP710040;

c. Construct landscaping concrete verge islands at all access points of the development;

d. Replace existing kerb and channel at the McLeod and Water Street frontages of the subject land, in accordance with Standard Drawing S1000;

e. Provision of a commercial concrete crossover(s) and apron(s) in accordance with Standard Drawing S1015;

f. Line mark parking spaces in front of and adjacent to the subject; and

g. Erect traffic/parking signs outside the subject land (and/or adjacent properties);

Three (3) copies of a plan of the works must be submitted at the time of lodgement for a Development Permit for Building Work and must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of use.

Traffic Report

16. The applicant/owner must arrange for a professional, appropriately qualified and independent party to conduct a road safety audit of the proposed traffic circulation which will access the subject land, in particular the turning movements and the provision of traffic islands, line-marking, signage and associated lighting at the Minnie Street & Water Upward Street intersection and the Upward Street and Water Street intersection. The traffic report must have regard to the single flow of traffic, right of way, queuing areas and protection of stored vehicles in relation to the railway crossing in accordance with Austroads, Queensland Streets and Council’s Development Manual.

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Three (3) copies of the Road Safety Audit report must be submitted at the time of lodgement for a Development Permit for Building Work and must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work. Such works recommended by the approved report must be constructed in accordance with the approved plans to the satisfaction of the Chief Executive Officer prior to the commencement of use.

Building Over Sewer

17. The applicant must either:

a. Relocate the existing sewer or site the proposed building such that the sewer is a minimum of 1.5 metres away from the building and clear of the zone of influence from the footings and foundations of any building/structure; or

b. Replace the existing sewer main under or within 1.5 metres of the building and within the zone of influence of the footings and foundations with uPVC sewer pipe class SEH.

All the above sewer works must be designed and constructed in accordance with Council's Development Manual and the building footings must be designed so as not to place any load on the sewer. The details of the building footings adjacent to the sewer must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.


18. The applicant/owner must carry out water supply and sewerage works to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer.

Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the prior to the commencement of the use.

Water Supply and Sewerage Contributions


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



The contribution rate is that which is current at the time of payment. The current rate of contribution is $43,659.88 (33.0 ERAs). Payment is required prior to the issue of a Development Permit for Building Work.

Requirement For A Noise Report

21. A report prepared by a qualified Acoustical Consultant must be submitted at the time of lodgement of an application for a Development Permit for Building Work and endorsed by the Chief Executive Officer prior to the issue of the Development Permit for Building Work. The report must indicate the design and construction features to be incorporated in the proposed development to ensure that the proposed development will not be subject to a level of noise from passing traffic and/or aircraft which exceeds the level of noise acceptable for residential use, having regard to the provisions of the Environmental Protection (Noise) Policy 1997 and the Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).

Advertising Signage

22. 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.

ADVICE

1. This approval, granted under the provisions of the Integrated Planning Act 1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

2. Current requirements and estimates of development and headworks contributions may change when elements of the Cairns City Council Priority Infrastructure Plan (PIP) are adopted.

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3. 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 is received and that the relevant emergency telephone contacts are provided to Council Officers, prior to the commencement of works.

4. Noise from either air conditioning units, swimming 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 1997 and Environmental Protection Regulation 1998 (Part 2A - Environment Nuisance).

5. All night lighting must be designed and constructed to the satisfaction of the Chief Executive Officer so as to ensure that light emitted from the subject land does not, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance). The lighting must conform with the Planning Scheme, whereby vertical illumination at a distance of 1.5 metres outside the boundary of the subject land shall not exceed eight (8) lux measured at any level upwards from the ground level.

6. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

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5. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – SELF-ASSESSABLE USES FOR THE COMMERCIAL ZONE - 22-24 TRINITY BEACH ROAD & KEEM STREET, TRINITY BEACH - DIVISION 11 46

Neil Beck : 8/8/569-01 : #791525 BONNEAU / SHEPPARD

That Council issue a Preliminary Approval for a Material Change of Use for the use of land located at 22-24 Trinity Beach Road and Keem Street, Trinity Beach, and described as part of Lot 10 on SP106704 for the purpose of a Commercial Premises, a Local Store and a Catering Shop, subject to the following conditions:

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1. The development must comply with all of the provisions of the Planning Scheme for the Balance of the City of Cairns except for those that conflict with the provisions of this Preliminary Approval, have been granted dispensation by the Council or are exempt through conditions of a Development Permit.

2. Access to any future development on the subject land must be Keem Street. No direct access via Trinity Beach Road is permitted.

3. Floor levels in all buildings to be 300mm above 3.4 metres AHD in accordance with the Development Manual and Planning Scheme requirements.

4. A Landscape Plan must be submitted with any application for a Development Permit.


The contributions must be paid at the rates applicable at the time of payment.

ADVICE



carried

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6. NEGOTIATED DECISION – MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – USE RIGHTS FOR THE RESIDENTIAL 2 ZONE AND COMMERCIAL ZONE – ISABELLA ROAD, EDMONTON – DIVISION 2 51

Neil Beck: 8/8/553-01 : #803175 LINDSAY / PEZZUTTI

That Council resolve to issue a Negotiated Decision with respect to the Preliminary Approval for Development Application 8/8/553 for land described as Lot 13 on RP860977, Parish of Parish of Grafton located at Isabella Road, Edmonton.

1. Condition 9 be amended to read as follows:

The applicant will be required to transfer to the Crown, ten (10) seven (7) percent of the gross area of the site for public garden and recreation space in accordance with the requirements of Council’s Planning Scheme and Section 5.6 of the Local Government (Planning and Environment) Act 1990 with the balance of the contribution being three (3) percent to provide for park improvements to the satisfaction of the Chief Executive Officer.

This area of open space is to be located in the south eastern portion of the site and is to contain significant road frontage to Millhouse Close.

2. In all other regards, the conditions and advice contained in Development Permit 8/8/553 decided by Council on 15 April 2004 remain unchanged.

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7. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – VEHICLE REPAIR WORKSHOP – 368 TO 370 MULGRAVE ROAD, WESTCOURT – DIVISION 5 58

Neil Beck: 8/8/582-01 : #804117 PLATH / FREEBODY

A. That Council issue a Development Permit for a Material Change of Use (Impact Assessment) for the development of a Vehicle Repair Station on land described as part of Lot 1 on RP722861, part of Lots 2 & 3 on RP711980, part of Lot 8 on RP728412 and part of Lot 1 on RP728413 located at 368-370 Mulgrave Road and Dalton Street, Westcourt subject to the following conditions:-

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Assessment Manager Conditions:-

1. The applicant/owner must at all times during the development of the subject land carry out the development and construction of any building thereon and conduct the approved use generally in accordance with:-

a. The approved plans being Figure 1 (Locality Plan) and Figure 2 (Proposal Plan) prepared by Flanagan Consulting Group, and submitted to Council on 30 March 2004 and attached;




Timing of Effect

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

Car Parking & Access Requirements

3. The applicant/owner must provide 11 designated on-site car parking spaces to service the Vehicle Repair Station.

The carparking layout must be designed in accordance with Australian Standard AS2890.1 (1993) Parking Facilities – off street car parking, except as varied with the consent of the Chief Executive Officer.

All works are to be constructed in accordance with the Approved Plan(s), to the satisfaction of the Chief Executive Officer, prior to the issue of a Certificate of Classification. In particular all car parking areas, driveways and vehicular maneuvering areas must be imperviously sealed, drained and line marked.


4. The applicant/owner must ensure that the flow of all external stormwater from the property is 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.

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Physical Means of Speed Control at Driveway Exit

5. The vehicular driveway serving the parking area must include a physical means of speed control at the exit point. Details of the speed control device must be submitted and approved by the Chief Executive Officer prior to the commencement of use.

Details of Development Signage

6. Details of any signage proposed in association with the development must be in accordance with Local Law Policy No. 6 (Control of Advertising) and be submitted and endorsed by the Chief Executive Officer prior to the commencement of use.

CONCURRENCE AGENCY CONDITIONS

DEPARTMENT OF MAIN ROADS

1. Permitted Road Access Location

i. Access between the Mulgrave Road and the subject land shall be via the access from Dalton Street and located a minimum of 50m from Mulgrave Road frontage.

ii. No direct vehicular access between Mulgrave Road and the subject land for the purposes of the vehicle repair station is permitted.

2. Advertising

No advertising device for the proposed development is permitted within the Mulgrave Road Reserve.

3. Parking

When calculating carparking requirements associated with the proposed development, no allowance shall be made for parking within the Mulgrave Road Reserve.

ENVIRONMENTAL PROTECTION UNIT

1. A copy of this Development Approval must be kept in a location readily accessible to personnel carrying out the activity.

2. Any persons responsible for the carrying out of the environmentally relevant activity must be familiar with the conditions of this Approval as they relate to the person’s responsibilities.

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3. Any record or document required to be kept by a condition of this Approval must be kept at the workplace for a period of at least five (5) years and be available for examination by an authorised person.

4. No change, replacement or operation of any plant or equipment is permitted if the change, replacement or operation of the plant or equipment increases, or is likely to substantially increase, the risk of environmental harm above that expressly provided by this Approval.

An example of a substantial increase in the risk of environmental harm is an increase of 10% or more in the quantity of the contaminant to be released into the environment.

5. In carrying out the environmentally relevant activity, all reasonable and practicable measures must be taken to prevent or minimise the likelihood of environmental harm being caused.

6. Incineration or open burning must not be carried out at the workplace.

7. No panel beating or spray painting is permitted under the authority of this Development Approval.

8. Oils, other lubricants, solvents and other volatile substances utilised in undertaking the activity must be stored in sealed containers to prevent the discharge of volatile organic compounds to the atmosphere.

9. To prevent rainwater entering waste bins:

a. waste bins must be stored undercover; or

b. lids must be closed at all times other than when wastes are being deposited into the bin.

10. Uncontaminated stormwater must be diverted away from waste bins or areas where oils and other contaminants are stored.

11. The activity must not be conducted in a manner that may cause the contamination of stormwater run off. Routine maintenance programs must be implemented to maintain the integrity and condition of storage drums, and bunding.

12. To prevent spillage from oil, fuel and other contaminant drums or containers into stormwater, sewer or unsealed ground, all drums must be stored:

a. with the lid sealed; and

b. i. in a covered and bunded enclosure; or

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ii. within the confines of the workplace on a sealed floor and at least three (3) metres from any open access or doorway; or

iii. in other storage containers approved by Council in writing.

13. Where contaminant drums or containers are not contained within bunded areas, drip trays and containers must be positioned under taps fitted to oil, coolant and potential contaminate containers to collect drips and prevent residual liquid within the tap and associated pipe fittings from discharging freely.

14. Drip trays and containers must be cleaned regularly.

15. Any spillage of potential contaminants must be:

a. cleaned up promptly; and

b. cleaned up using an absorbent material; and

c. the used absorbent material is isolated before disposal in a waste bin.

16. There must be a supply of absorbent material in an accessible location in a sufficient quantity to contain the entire largest container of liquid not stored within a bunded area, in the event of a spillage of a potential contaminant at the workplace.

17. Metallic waste must not leave the workplace in an unconfined manner or enter the stormwater drainage system.

18. Waste oil must be:

a. stored in a sealed container that is located;

i. in a bunded and covered area; or

ii. within the confines of the workplace on a sealed floor at least three (3) metres from any access point to the workplace; or

iii. stored by another means approved by Council in writing; and

b. removed from the workplace by a licensed regulated waste transporter.

19. No washing down of motor vehicles is permitted at the workplace, unless a designated washdown area is installed, which drains to a wastewater treatment system.

22


20. Any parts washing or degreasing must be conducted in a dedicated parts washing unit, which must be located within the workshop, at least two metres from any access to the workshop.

21. The holder of the authority must ensure that any sludge, grease, oil and sediments collected by a wastewater system within the holding tank/sump are:

a. removed as necessary to ensure that the wastewater treatment system is operating to its optimum design efficiency; and

b. removed as necessary to prevent overflow of wastes out of the system; and

c. collected by a licensed regulated waste transporter.

22. Any wastewater discharged to sewer must be strictly in accordance with Cairns City Council’s Trade Waste Policy.

23. All cleaning methods used at the workplace must prevent the release of wastewater beyond the confines of the workplace.

24. All regulated wastes stored at the workplace must be transported to:

a. a waste disposal facility whose operator is licensed to receive and treat and/or dispose of regulated waste; and

b. a facility by a licenced regulated waste transporter, where regulated waste exceeds 250 kg per load.

25. Where regulated waste is removed from the workplace (other than by a release as permitted under another condition of this approval), records must be kept indicating the following:

a. the date, quantity and type of waste removed;

b. name of the waste transporter that removed the waste; and

c. the intended treatment/disposal destination of the waste.

26. Solid wastes, which are suitable for recycling, must be recycled:

a. where a recycling collection service is available to the activity; or

b. where a recycling collection service is not available to the activity:

i. all solid waste must be removed to a waste disposal facility whose operator is licensed in accordance with the Act; or

23


ii. dispose of solid wastes in another manner approved in writing by Council.

27. Any waste motor vehicle batteries must be stored at the workplace in a covered area and in an acid resistant container prior to being:

a. collected from the workplace by a licensed regulated waste transporter;

and

b. recycled or disposed of at a waste disposal facility whose operator is licensed in accordance with the Act.

28. Engines, oil collection trays and other metal parts coated with any residual oil or grease must be stored undercover, on a sealed surface, in such a manner as to prevent oil, grease and other contaminants entering the soil.

29. Disused oil filters and liquid waste must be:

a. drained and stored in a waste oil drum located within the confines of the workplace; and

b. recycled and/or disposed of in a lawful manner.

30. Disused drums must be drained, sealed and stored in a covered area on a sealed surface prior to being:

a. sent to a metal recycling agent; or

b. returned to the drum supplier; or

c. disposed of at a waste disposal facility whose operator is licensed in accordance with the Act.

31. Only dry, solid and inert waste must be disposed of in industrial waste bins at the workplace.

32. In the event of a complaint made to the administering authority (which is neither frivolous or vexatious) about noise generated in carrying out the environmentally relevant activity, and the noise is considered by the administering authority to be an unreasonable noise, the holder of this approval must take stated measures to ensure that it is no longer an unreasonable noise.

24


33. All complaints relating to releases of contaminants from activities undertaken at the workplace must be recorded and kept with the following details:

time, date and nature of complaint;

type of communication (telephone, letter, personal etc.);

name, contact address and contact telephone number of complainant

(Note: If the complainant does not wish to be identified then “Not identified” is to be recorded);

response and investigation undertaken as a result of the complaint;

name of person responsible for investigating the complaint; and

action taken as a result of the complaint investigation and signature of responsible person.

34. Where Council has not been given notification under Section 320 of the Act, as soon as practicable after becoming aware of any emergency or incident which results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this Approval, Council must be advised of the release by telephone or facsimile or submission of a program notice in accordance with Section 350 of the Act.

35. Where Council has not been given notification under Section 320 of the Act, the notification of emergencies or incidents as required by condition number (34) must, unless a program notice in accordance with Section 350 of the Act is submitted, include but not be limited to the following:

a. details of the workplace;

b. the location of the emergency or incident;

c. the name and telephone number of the designated contact person;

d. the time of the release;

e. the time personnel became aware of the release;

f. the suspected cause of the release;

g. the environmental harm and or environmental nuisance caused, threatened, or to be caused by the release; and

25


h. actions taken to prevent any further release and mitigate any environmental harm and/or environmental nuisance caused by the release.

36. Where Council has not been given notification under Section 320 of the Act, not more than fourteen (14) days following the initial notification of an emergency or incident, the Approval holder must provide written advice of the information supplied in accordance with condition number (35) in addition to:

a. actions taken or proposed actions to prevent a recurrence of the emergency or incident and minimise the consequences of the event; and

b. outcomes of actions taken at the time to prevent or minimise environmental harm and or environmental nuisance; and

c. the results of any environmental monitoring performed since the event.

37. For the purposes of the approval, any term not otherwise defined in Condition (39) of this Approval has the meaning conferred to that term in the Act or in the absence of a meaning in the Act, has the meaning conferred to that term in its common use.

38. In the event of any inconsistency arising between the meaning of any term provided in Condition (39) of this approval and the meaning in the Act or any common usage of that term, the meaning conferred in Condition (39) will apply.

39. For the purposes of the licence the following definitions apply:

“Act” means the Environmental Protection Act 1994.

“application” means the application for a Development Approval in relation to the activity received and dated 30 March 2004 (including any amendments to the application initialled by the Council and the applicant) and all plans specifications and information submitted with the application or provided to the Council in response to a request from the Council for additional information.

“authorised person” means a person appointed under the Act by the Chief Executive Officer of the Council.

“Council” and “Administering Authority” means Cairns City Council and its successors.

26


“activity” means the motor vehicle workshop.

“environmental authority holder” means Caysand No. 24 Pty Ltd.

“personnel” means those persons or entities used in carrying out the activity, either directly or indirectly and includes without limitation employees, agents, contractors and sub-contractors.

“workplace” means, 368-370 Mulgrave Road, Part Lot 1 on RP722861, Part Lot 8 on RP728412, Part Lots 2 & 3 on RP711980 and Part Lot 1 on RP728413 Bungalow QLD 4870. Assessment nos. 219873, 219899, 219899, 219881, 219889, and Parcel nos. 48650, 48654, 48653, 48651, 48655 respectively.

ADVICE



3. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au . To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au

B. That Council notate the property file in regards to the Department of Main Roads requirements being Conditions 1, 2 and 3 above.

carried

8. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – VEHICLE REPAIR STATION – BRUCE HIGHWAY, BABINDA – DIVISION 1 72

Peter Boyd: 8/8/574 : #799806 GREGORY / FREEBODY

A. That Council issue a Development Permit for a Material Change of Use (Impact Assessment) for the development of a Vehicle Repair Station on land described as Lot 4 on RP702965, Parish of Bellenden Ker located at Bruce Highway, Babinda subject to the following conditions:-

27


Assessment Manager Conditions:-

1. The applicant/owner must at all times during the development of the subject land carry out the development and construction of any building thereon and conduct the approved use generally in accordance with:-

a. The approved plans submitted with the application to Council on 5 March 2004 attached as Appendix 1;




Timing of Effect

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

Car Parking & Access Requirements

3. The applicant/owner must provide on-site car parking spaces to service the Vehicle Repair Station as indicated in the application to Council.



Details of Development Signage

5. Details of any signage proposed in association with the development must be in accordance with Local Law Policy No. 6 (Control of Advertising) and be submitted and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Carrying Out Building Work. In particular, the development must provide clear and legible signage incorporating the street numbers for the benefit of the motoring public.

28



DEPARTMENT OF MAIN ROADS


i. Vehicular access between the State-controlled road (i.e. Bruce Highway) and the subject land shall be via the existing access located about 50m from the northern side boundary of the subject land.

ii. No additional direct access between the State-controlled road (i.e. Bruce Highway) and the subject land is permitted.

2. Road Access Works

i. Road access works at the permitted road access location for the subject land are required and shall be constructed in accordance with:

the Department of Main Roads Road Planning and Design Manual, and

current Department of Main Roads standards.

A recent site inspection indicates the requirement for the provision of the following works:

removal of loose gravel, and

construct a bitumen driveway of minimum 4.5m width and 5.5m length from the edge of the Bruce Highway bitumen, with turnouts of 15m radius.

ii. The landowner/applicant shall write to the Cairns office of the Department of Main Roads to obtain the necessary plans, forms and approvals for the road access works prior to works commencing within the State-controlled road reserve (i.e. Bruce Highway).

iii. All required works shall be completed to the satisfaction of the Director-General of the Department of Main Roads prior to the licensing of the existing vehicle repair station.

3. Building Alignment Setback

A building alignment setback of 40 metres from the Bruce Highway reserve would apply to all new structures intended to be located on the subject land.

29


4. Advertising

No advertising device for the licensed development is permitted within the Bruce Highway reserve.

ENVIRONMENTAL PROTECTION UNIT

1. A copy of this Development Approval must be kept in a location readily accessible to personnel carrying out the activity.

2. Any persons responsible for the carrying out of the environmentally relevant activity must be familiar with the conditions of this Approval as they relate to the person’s responsibilities.

3. Any record or document required to be kept by a condition of this Approval must be kept at the workplace for a period of at least five (5) years and be available for examination by an authorised person.

4. No change, replacement or operation of any plant or equipment is permitted if the change, replacement or operation of the plant or equipment increases, or is likely to substantially increase, the risk of environmental harm above that expressly provided by this Approval.

An example of a substantial increase in the risk of environmental harm is an increase of 10% or more in the quantity of the contaminant to be released into the environment.

5. Incineration or open burning must not be carried out at the workplace.

6. No panel beating or spray painting is permitted under the authority of this Development Approval.

7. Oils, other lubricants, coolant, solvents and other volatile substances utilised in undertaking the activity must be stored in sealed containers to prevent the discharge of volatile organic compounds to the atmosphere.

8. To prevent rainwater entering waste bins:

a. waste bins must be stored undercover; or

b. lids must be closed at all times other than when wastes are being deposited into the bin.

9. Uncontaminated stormwater must be diverted away from waste bins or areas where oils and other contaminants are stored.

30


10. The activity must not be conducted in a manner that may cause the contamination of stormwater run off. Routine maintenance programs must be implemented to maintain the integrity and condition of storage drums, and bunding.

11. To prevent spillage from oil, fuel and other contaminant drums into stormwater, sewer or unsealed ground, all drums must be stored:

a. with the lid sealed; and

b. i. in a covered and bunded enclosure; or

ii. within the confines of the workplace on a sealed floor and at least three (3) metres from any open access or doorway; or

iii. in other storage containers approved by Council in writing.

12. Where contaminant drums are not contained within bunded areas, drip trays and containers must be positioned under taps fitted to oil, coolant and potential contaminate containers to collect drips and prevent residual liquid within the tap and associated pipe fittings from discharging freely.

13. Drip trays and containers must be cleaned regularly.

14. Any spillage of potential contaminants must be:

a. cleaned up promptly; and

b. cleaned up using an absorbent material; and

c. the used absorbent material is isolated before disposal in a waste bin.

15. There must be a supply of absorbent material in an accessible location in a sufficient quantity to contain the entire largest container of liquid not stored within a bunded area, in the event of a spillage of a potential contaminant at the workplace.

16. Metallic waste must not leave the workplace in an unconfined manner or enter the stormwater drainage system.

17. Waste oil must be:

a. stored in a sealed container that is located;

i. in a bunded and covered area; or

31


ii. within the confines of the workplace on a sealed floor at least three (3) metres from any access point to the workplace; or

iii. stored by another means approved by Council in writing; and

b. removed from the workplace by a licensed regulated waste transporter.

18. No washing down of motor vehicles at the workplace is permitted to take place unless a designated washdown area is installed, which drains to a wastewater treatment or system.

19. The holder of the authority must ensure that any sludge, grease, oil and sediments collected by a wastewater system within the holding tank/sump are to be removed as necessary to:

a. ensure that the wastewater treatment system is operating to its optimum design efficiency; and

b. prevent overflow of wastes out of the system.

20. All cleaning methods used at the workplace must prevent the release of wastewater beyond the confines of the workplace.

21. All regulated wastes stored at the workplace must be transported to:

a. a waste disposal facility whose operator is licensed to receive and treat and/or dispose of regulated waste; and

b. a facility by a licenced regulated waste transporter, where regulated waste exceeds 250 kg per load.

22. Where regulated waste is removed from the workplace (other than by a release as permitted under another condition of this approval), records must be kept indicating the following:

a. the date, quantity and type of waste removed;

b. name of the waste transporter that removed the waste; and

c. the intended treatment/disposal destination of the waste.

23. Wastewater and waste coolant from radiators must be:

a. processed through a wastewater treatment system and discharged in accordance with condition 18; and

32


b. transported from the workplace to a facility whose operator is licensed under the Act to receive and dispose or treat this waste.

24. Where wastewater and waste coolant from radiators is stored prior to collection, in accordance with Condition 23, the wastewater and waste coolant must be stored in sealed containers located:

a. within a bunded and covered area; or

b. otherwise, by means given prior written approval by Council

25. Solid wastes which are suitable for recycling must be recycled:

a. where a recycling collection service is available to the activity; or

b. where a recycling collection service is not available to the activity:

i. all solid waste must be removed to a waste disposal facility whose operator is licensed in accordance with the Act; or

ii. dispose of solid wastes in another manner approved in writing by Council.

26. Any waste motor vehicle batteries must be stored at the workplace in a covered area and in an acid resistant container prior to being:

a. collected from the workplace by a licensed regulated waste transporter; and

b. recycled or disposed of at a waste disposal facility whose operator is licensed in accordance with the Act.

27. Engines, oil collection trays and other metal parts coated with any residual oil or grease must be stored undercover, on a sealed surface, in such a manner as to prevent oil, grease and other contaminants entering the soil.

28. Disused oil filters and liquid waste must be:

a. drained and stored in a waste oil drum located within the confines of the workplace; and

b. recycled and/or disposed of in a lawful manner.

29. Disused drums must be drained, sealed and stored in a covered area on a sealed surface prior to being:

a. sent to a metal recycling agent; or

33


b. returned to the drum supplier; or

c. disposed of at a waste disposal facility whose operator is licensed in accordance with the Act.

30. Only dry, solid and inert waste must be disposed of in industrial waste bins at the workplace.

31. In the event of a complaint made to the administering authority (which is neither frivolous or vexatious) about noise generated in carrying out the environmentally relevant activity, and the noise is considered by the administering authority to be an unreasonable noise, the holder of this approval must take stated measures to ensure that it is no longer an unreasonable noise.

32. A log is required to be maintained of all itinerant authorised activities and must be readily accessible for review by the Administering Authority or Authorised person upon request. The log must specify the following details:

a. name of both the client and registration details of the vehicle receiving services of the Development Approval Holder;

b. date and time the work was undertaken;

c. summary of operations undertaken (for example engine rebuilding); and

d. generation of both regulated and solid wastes and methods of disposal.

33. All complaints relating to releases of contaminants from activities undertaken at the workplace must be recorded and kept with the following details:

a. time, date and nature of complaint;

b. type of communication (telephone, letter, personal etc.);

c. name, contact address and contact telephone number of complainant

d. (Note: If the complainant does not wish to be identified then “Not identified” is to be recorded);

e. response and investigation undertaken as a result of the complaint;

f. name of person responsible for investigating the complaint; and

34


g. action taken as a result of the complaint investigation and signature of responsible person.

34. Where Council has not been given notification under Section 320 of the Act, as soon as practicable after becoming aware of any emergency or incident which results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this Approval, Council must be advised of the release by telephone or facsimile or submission of a program notice in accordance with Section 350 of the Act.

35. Where Council has not been given notification under Section 320 of the Act, the notification of emergencies or incidents as required by condition number (34) must, unless a program notice in accordance with Section 350 of the Act is submitted, include but not be limited to the following:

a. details of the workplace;

b. the location of the emergency or incident;

c. the name and telephone number of the designated contact person;

d. the time of the release;

e. the time personnel became aware of the release;

f. the suspected cause of the release;

g. the environmental harm and or environmental nuisance caused, threatened, or to be caused by the release; and

h. actions taken to prevent any further release and mitigate any environmental harm and/or environmental nuisance caused by the release.

36. Where Council has not been given notification under Section 320 of the Act, not more than fourteen (14) days following the initial notification of an emergency or incident, the Approval holder must provide written advice of the information supplied in accordance with condition number (35) in addition to:

a. actions taken or proposed actions to prevent a recurrence of the emergency or incident and minimise the consequences of the event; and

b. outcomes of actions taken at the time to prevent or minimise environmental harm and or environmental nuisance; and

35


c. the results of any environmental monitoring performed since the event.

37. For the purposes of the approval, any term not otherwise defined in Condition (39) of this Approval has the meaning conferred to that term in the Act or in the absence of a meaning in the Act, has the meaning conferred to that term in its common use.

38. In the event of any inconsistency arising between the meaning of any term provided in Condition (39) of this approval and the meaning in the Act or any common usage of that term, the meaning conferred in Condition (39) will apply.

39. For the purposes of the licence the following definitions apply:

“Act” means the Environmental Protection Act 1994.

“application” means the application for a Development Approval in relation to the activity received and dated 5 March 2004 (including any amendments to the application initialled by the Council and the applicant) and all plans specifications and information submitted with the application or provided to the Council in response to a request from the Council for additional information.

“authorised person” means a person appointed under the Act by the Chief Executive Officer of the Council.

“Council” and “Administering Authority” means Cairns City Council and its successors.

“activity” means the motor vehicle workshop.

“environmental authority holder” means Rossco’s Service Centre Diesel Engine Specialist Pty Ltd.

“personnel” means those persons or entities used in carrying out the activity, either directly or indirectly and includes without limitation employees, agents, contractors and sub-contractors.

“workplace” means, 67810 Bruce Highway, Lot 4 on RP702965, Bungalow QLD 4870. Assessment # 442483, Parcel # 78305.

B. That Council notate the property file in regards to the Department of Main Roads requirements being Conditions 1, 3 and 4 above.

36


ADVICE



3. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au . To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au

carried CR JAMES DECLARED A MATERIAL INTEREST IN CLAUSES 9 & 31, LEFT THE MEETING AND DID NOT PARTAKE IN DISCUSSIONS OR VOTING

9. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – DUAL OCCUPANCY – 8 PEMBROKE STREET, PARRAMATTA PARK – DIVISION 6 87

Kym Watton: 8/8/504-01 : #708901 GILL / FORD

That Council approve the application for Material Change of Use (Impact Assessment) for development of a Dual Occupancy on land described as Lot 7 on RP701407 located at 8 Pembroke Street, Parramatta Park subject to the following conditions:-



a. The approved plan, Drawing Number DO3 drawn by JB Design and dated March 2004;


37




Timing of Effect

2. The conditions of the Development Permit must be effected prior to the issue of a Development Permit for Building Work, except where specified otherwise in these conditions of approval.






The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $5,353.54 (1.50 EDCs) for water and $3,710.20 (1.60 EDCs) for sewerage. Payment is required prior to the issue of a Development Permit for Building Work.


5. A minimum of four (4) on site car parking spaces must be provided.

The car parking layout must be designed in accordance with Australian Standard AS2890.1 1993 Parking Facilities - off street car parking, except as varied with the consent of the Chief Executive Officer.

6. The car parking and driveway must be constructed in accordance with the approved plan and Council's Development Manual specifications prior to commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer; in particular the driveway must have a minimum width of 3 metres.

38




a. Reinstate any damaged section of the kerb and channel where necessary.

Three (3) copies of a plan of the works must be submitted and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building 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.

Screen Fence

8. The applicant/owner must provide a screen fence (minimum height of 1.8 metres and maximum gap of 10mm) to the side and rear boundaries of the subject land, to the satisfaction of the Chief Executive Officer. The required fencing must be consistent in terms of design and materials with other similar fences in the locality. Details of the screen fence must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Landscaping Plan

9. The applicant/owner must landscape the subject land and street frontage in accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. In particular, the plan must show:

a. Landscaping of the front setback area, being a minimum 3 metre wide buffer to Pembroke Street.



Minimum Fill and Habitable Floor Levels

10. All habitable floor levels in all new buildings must be located 300 mm above the Q100 flood immunity level of 2.8 metres AHD, in accordance with Development Manual and Planning Scheme requirements.

39


Water Saving

11. 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 Collection

12. Refuse storage is required to service the site in accordance with Council’s requirements. Brochures on these requirements - ‘Requirements for Refuse Storage’ are available from Cairns Water.

Miscellaneous

13. Under no circumstances is the second dwelling to be used for short-term accommodation unless prior approval from Council has been granted.

ADVICE




carried

CLAUSE 31 BROUGHT FORWARD AND DEALT WITH NOW

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31. REQUEST TO CHANGE AN APPROVAL FOR LOT 1 KATE STREET, WOREE – DIVISION 5 310

Rohan Lee: 8/30/14-01: #800936 PLATH / FREEBODY

A. Council approve a dispensation for a reduced setback area of 6 metres from Ray Jones Drive for the subject Service Station and Reconfiguration development under Section 1.8 (Table D-6) of the Planning Scheme for the Balance of the City of Cairns.

B. Council agree to modify the approval whereby the approval plans and specifications stated on the Decision Notice (dated 6 September 2001, document number #342528) subject to the following:

1. Condition 1 be amended to read as following:

The applicant/owner must at all times during the development of the subject land carry out the development and construction of any building thereon and conduct the approved use generally in accordance with:

a. The approved plan, Drawing No. 4882-20, dated 7 December 2000, attached as Schedule A;


c. The provisions of Council’s Development Manual.

1. The proposed Plan of Development Drawing No. 05/2004, dated May 2004 and prepared by JB Design, Cairns, is approved subject to any alterations:

a. Found necessary by the Council at the time of examination of the Engineering Plan or during the construction of the development because of particular engineering requirements;

b. To ensure the development complies in all respects with the requirements of the Council's Planning Scheme, Development Manual and good engineering practice; and

41


c. To ensure compliance with the following conditions of approval. Except where modified by these conditions of approval.

2. That Conditions forwarded by the Department of Main Road (dated 19 May 2004) replace the conditions previously forwarded by the Department of Main Roads.

carried CR JAMES RETURNED TO THE MEETING

10. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – OUTDOOR ENTERTAINMENT (HORSE RIDING TOURS) – IRVIN ACCESS, LITTLE MULGRAVE – DIVISION 1 96

Kym Watton: 8/8/586-01 : #799214 GREGORY / LINDSAY

That Council approve the application for Material Change of Use (Impact Assessment) for development of Outdoor Entertainment (Horse Riding Tours) on land described as Lot 212 on N157675 located at Irvin Access, Little Mulgrave subject tot the following conditions:-



a. The approved plan attached;



ADVICE


42


2. Parts of the forest adjacent to Lot 212 on N157675 have previously been cleared, these clearings are within Forest Reserve and are part of the World Heritage Area. Under the Wet Tropics Management Plan 1998 these areas are zoned B, the Management Plan intent for this area is to restore the land to its natural state by rehabilitating the area with native species. Mr Frank Gleeson, Senior Ranger Northern Region, Forest Reserve, the Queensland Parks and Wildlife Service (QPWS) should be contacted to discuss the boundary issues. Mr Frank Gleeson can be contacted on telephone 4053 4533.

3. Part of the remnant native vegetation on the subject site is classified as Endangered Regional Ecosystem and another is listed as an Of Concern Regional Ecosystem. Appropriate management strategies should be undertaken to help conserve these areas. Mr Bruce Jennison of the Wet Tropics Management Authority should be contacted with regard to this issue. Mr Bruce Jennison can be contacted on 4052 0541.


carried

11. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – HOME OCCUPATION – (OFFICE) – 13 KEIRLE AVENUE, WHITFIELD – DIVISION 8 103

Rohan Lee: 8/8/578 : #773991 FORD / BLAKE

A. That Council approve the application for Material Change of Use (Impact Assessment) for development of a Home Occupation (Office) at 13 Keirle Avenue, Whitfield, described as Lot 100 on RP712183, Parish of Cairns, in accordance with the Standard Conditions approved by Council resolution on 10 October 2002.



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a. The approved plan, Drawing Numbers 04-21/1 and 04-21/2, dated March 2004, prepared by Tony Driscoll Designer for the Tropics, Cairns, received by Council on 14 April 2004;

b. The plans, specification, facts and circumstances as set out in the application submitted to Council; and

c. To ensure that the development complies in all respects with the requirements of the Council’s Planning Scheme, Development Manual and good engineering practice.


ADVICE



B. That Council dispense with the maximum total use area requirements for Home Occupation, in accordance with Section 2.2 of the Provisions for the Planning Scheme for Part of the City of Cairns.

carried

12. NEGOTIATED DECISION - MATERIAL CHANGE OF USE (CODE ASSESSMENT) – REDLYNCH CENTRAL SHOPPING CENTRE – 20 LARSEN ROAD, REDLYNCH – DIVISION 12 109

Jenny Elphinstone: 8/7/130-01 : #792658 SHEPPARD / BLAKE

That Council issue a Negotiated Decision for the Preliminary Approval for a Material Change of Use (Code Assessment) for a Shopping Centre at Larsen and Redlynch Connector Roads, Redlynch, on Lot 20 on SP161406 subject to the following amendments:

44


1. Condition 1 be amended as follows:


a. The approved plans attached and as amended by Drawings 03-029-SK03:SK04 Revision A dated May 2004, 03-027-C45 Revision B dated May 2004 and 04-019-SK01-03 Option 3 Revision A dated May 2004 by Projex North Pty Ltd and Drawings 03.1612: Drawing 7335 SD01 (P7) dated May 2004 by Thomson Adsett Architects; and Drawings LCP01 Issue E dated 26/5/04 and LCP02 Issues A dated 26/5/04 by SitePlan Cairns Pty Ltd;




2. That Condition 4 be amended as follows:



a. A 2.0 metre wide concrete footpath to the entire length of the street frontage to Larsen Road and a link to integrate this frontage with the existing off-road bicycle pathway in the Redlynch Connector Road to the entire length of the street frontage, including the integration of the pathway with the existing off-road bicycle pathway;

b. A pedestrian ramp and access footpath to the adjacent drainage reserve west of the subject land;

c. Arrange for the undergrounding of all electricity cables to the subject land's frontage; and

d. Construct kerb and channel to the Larsen Road and Redlynch Connector Road, together with the roundabout on Larsen Road, as indicated on the submitted plans.

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All works must be constructed in accordance with the Development Manual.

Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of use.

3. Replace the existing condition 5 with the following:

Bus Parking

5. Larsen Road verge must be increased in width to accommodate area for a bus shelter, Council and other services and suitable concrete apron for the public. All works must be designed in accordance with AS1428 (Design for access and mobility) and Council’s Development Manual, including pram ramp, access to internal Shopping Centre car park and access to Larsen Road.


a. A bus shelter and associated access must be provided on the Applicant / Owner’s land as generally detailed on Drawing LCP01 Issue E dated 26/5/04 and LCP02 Issues A dated 26/5/04 by SitePlan Cairns Pty Ltd. All relevant services and suitable concrete apron for the public area must be provide by the Applicant / Owner. All works must be designed in accordance with AS1428 (Design for Access and Mobility) and Council’s Development Manual, including pram ramp, access to internal shopping centre car park and access to Larsen Road.

b. The Applicant / Owner must register an easement in favour of the Cairns City Council over the area set aside for construction and use as a bus shelter with the Titles Office of the Department of Natural Resources, Mines and Energy. The terms of such Easement must be to the satisfaction of the Chief Executive Officer. The Easement must be registered prior to the commencement of use.

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4. Amend Conditions 6 and 7 as follows:

6. A Bus Shelter must be provided in accordance with Condition 5a above to Larsen Road to the satisfaction of the Chief Executive Officer. The Bus Shelter must be a “Reef” Model and constructed in accordance with the Cairns City Council Drawing 20153 (available from Council’s Design Services). The Bus Shelter must be constructed to the satisfaction of the Chief Executive Officer prior to the commencement of use.

7. All Bus Parking Bay roadworks and kerb and channel must be designed and constructed in accordance with AustRoads and Council’s Development Manual requirements. Generally the Bus Parking Bay must have a 1 in 5 taper to the entrance and exit with a 14 metre long and 3 metre wide parking zone. The bus setdown must be linemarked and signed in accordance with the Manual of Uniform Traffic Control Devices.


5. Amend Condition 9 as follows:

9. The parking layout must be designed in accordance with Australian Standard AS2890.1 1993 Parking Facilities - Off Street Car Parking except as varied with the consent of the Chief Executive Officer. In particular:

a. Bollard lighting must be provided at the property boundary to indicate access to the parking area;

b. A raised connecting pedestrian pavement as generally illustrated on Drawing 03-029-SK03 Revision A dated May 2004 by Projex North Pty Ltd being paver recess detail Type B be provided between the main, north entrance to the Shopping Centre and to the pedestrian footpath on Larsen Road Reserve;

c. A raised connecting pedestrian pavement as generally illustrated on Drawing 03-029-SK04 Revision A dated May 2004 by Projex North Pty Ltd being paver recess detail Type A be provided between the east side entrance to the Shopping Centre and the Redlynch Connector Road Reserve, providing a linkage through to the bitumen bicycle/pedestrian pathway along the Redlynch Connector Road frontage;

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d. The raised pedestrian pavement connection between the main, north entrance of the Shopping Centre and the Larsen Road reserve must be fully covered;

e. A raised connecting pedestrian pavement as generally illustrated on Drawing 03-029-SK04 Revision A dated May 2004 by Projex North Pty Ltd being paver recess detail Type A be provided between the main, north entrance of the Shopping Centre and the neighbouring pedestrian pathway to the west, that is the neighbouring pedestrian pathway of the proposed residential area; and

f. Where the vehicle isles cross the raised pedestrian connecting pedestrian pavements, the pedestrian pavement must be linemarked to indicate that pedestrians have priority over vehicle movements;.

g. The replacement of pedestrian paving adjacent to the main vehicle traffic lanes leading from Larsen Road to the main, north entrance of the Shopping Centre, with landscaping; and

h. Access between the central pathway and the adjacent disabled driver and ‘parents with prams’ car spaces should be graded, and not stepped, to enable access.

Such plans must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.


Landscaping Plan

13. The applicant/owner must landscape the subject land and street frontage in accordance with Development Manual, Part 4 - Landscaping and in accordance with the landscape plan submitted with the application and amended to show:

a. The roundabout, giving access to the site on Larsen Road, must be landscaped and include an automatic irrigation system with backflow prevention device installed in accordance with specifications provided by Council’s irrigation maintenance officers utilised for a suitable entrance statement as generally indicated on Drawing LCP02 Revision A dated May 2004 by SitePlan Cairns Pty Ltd; and

b. Provision of street trees along Redlynch Connector Road.

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Two (2) A1 copies and one (1) A3 copy of the amended landscape plan must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.


Screen Fence

15. The applicant/owner must provide screen fencing as follows:-

a. To the rear boundary and to any neighbouring residential lot provide a screen fence with a minimum height of 1.8 metres and maximum gap of 10mm;

b. To the west side boundary from the southern boundary to the pedestrian pathway where the site will abut a road reserve and park provide a screen fence with a minimum height of 1.8 1.2m metres and maximum gap of 10mm to the pedestrian connecting accessway;

c. To the west side boundary where the site will abut a Park provide a screen fence with a maximum height of 1.2 metres and maximum gap of 10mm and retain a 2 metre wide gap in the fence for pedestrian connecting access bollards and dense landscaping so as to minimise pedestrian access to the satisfaction of the chief Executive Officer; and

d. To the north and east street frontages provide a screen fence with a maximum height of 1.2 metres and maximum gap of 10mm and retain a 2 metre wide gap in the fence for pedestrian connecting accesses; dense landscaping as generally illustrated on Drawing LCP01 Revision E dated May 2004 by SitePlan Cairns Pty Ltd to the satisfaction of the Chief Executive Officer.

All screen fences must be designed to the satisfaction of the Chief Executive Officer. The required fencing must be consistent in terms of design and materials with other similar fences in the locality. Details of the screen fence must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

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Waste

18. An area of a suitable size is to be provided at ground level, at the rear of the Shopping Centre, to store the number of refuse bins required to service the site. A refuse area generally in accordance with Drawing 7335 L01 (P4) dated May 2004 by Thomson Adsett Architects be provided. This area is to comply with the Environment Protection (Interim Waste) Regulation 1996 and Council Policies and is to be designed and constructed to the satisfaction of the Chief Executive Officer. A covered pedestrian access must be provided connecting the east, side entrance of the Shopping Centre to the rear, waste storage area. The pedestrian access must be separated from vehicle traffic either raised pathway with kerbing to the vehicle traffic isles or by a maximum 1.2 metre high fence.



22. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge being the nominally adjacent drainage reserve Redlynch Connector Road 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.

10. Amend Conditions 28 and 29 as follows:

Intersection Upgrading Works

28. The developer/owner must upgrade the Larsen Road / Redlynch Connector Road intersection to provide an all movements intersection (including pedestrian, cyclist, vehicular) to a Type C standard generally in accordance with Drawing 04-019-SK01-3 Revision A Option 3 May 2004 by Projex North Pty Ltd in accordance with:-

a. The Redlynch Traffic Management Plan, including the signalisation of the intersection and the construction of three lanes of traffic along the Redlynch Connector Road, to an length of 200 metres north and south of the intersection of Larsen Road and Redlynch Connector Road, with the ability for Council or another to construct at a later time a fourth lane on the east side of Redlynch Connector Road;

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b. AUSTROADS Guidelines, in particular A Guide To Traffic Engineering Practice Part 5; for an urban Intersection At Grade and must include suitable islands within the Redlynch Connector Road;

c. The Development Manual; and

d. The intersection upgrading works must include the design and provision of street lighting in accordance with:-

i. AS1158.1 and 2 and the Queensland Transport Design Document, Manual of Street Lighting – 1994 design package;

ii. Preferred luminaire shall be 250 W HPS Aeroscreen (GEC); and

iii. Where appropriate clear zone distance cannot be achieved, “Slip Base” poles shall be provided.

Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

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

29. a. The cost of works required under Condition 28 above, must be borne by the developer/owner with the exception of where the works required by 28(a) differ from an intersection constructed under 28(b) and (c). That is the difference in cost in developing a four lane carriageway road (as required by the Redlynch Traffic Management Plan) and developing a two lane carriageway along the Redlynch Connector Road (as a Type C Urban intersection) as generally described by Drawing 03-027-C45 revision B dated May 2004 by Projex North Pty Ltd. The variance in costs, resulting from the additional requirement of the Redlynch Traffic Management Plan, can be credited to the developer/owner. Where credits exceed developer contributions payable for Traffic Management works, the applicant may seek a refund of credits when such funds have been collected and are available within the catchment.

b. The payment to the developer/owner pursuant to 29(a) will occur no sooner than five (5) years from the date of this approval (ie notionally 15 April 2009) or the resolution of any subsequent appeal relating to this application, unless the equivalent amount of funds become available within the catchment at an earlier time.

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c. The payment to the developer/owner pursuant to 29(a) will also include interest payable on the “difference” from the date of completion (taken as the time of on-maintenance) of the construction of the intersection to the date which is five (5) years from the date of this approval (ie notionally 15 April 2009) or the resolution of any subsequent appeal relating to this application at the rate of interest currently payable by Cairns City Council on resumptions.

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13. MATERIAL CHANGE OF USE (CODE ASSESSMENT) – MULTIPLE DWELLING / HOLIDAY APARTMENTS & RESTAURANT – 145 & 147 WILLIAMS ESPLANADE, PALM COVE – DIVISION 11 131

Jenny Elphinstone: 8/7/135-01 : #804168 ITEM WITHDRAWN AT THE REQUEST OF THE APPLICANT

14. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – LOT 487 AND LOT 488 HEARL CLOSE, BRINSMEAD – DIVISION 9 159

Jenny Elphinstone: 8/13/748-01 : #781284 BLAKE / FORD

A. That Council resolve to issue a Development Permit for a Reconfiguration of a Lot for the reconfiguration of land (1 lot into 2 Lots) and the creation of an Access Easement to a road on land located at Hearl Close, Brinsmead, more particularly described as Lots 487 and 488 on RP747655 subject to the following conditions:


1. The applicant/owner must at all times during the development of the subject land, carry out the development and construction of any building thereon and conduct the approved use generally in accordance with:

a. The approved plans prepared by Charles O’Neill Pty Ltd, Drawings 6259COT-02 revision A dated 6 April 2004, and drawings 6259COT-03 sheets 1 & 2 dated 2 April 2004 submitted to Council on 7 April 2004 together with the plans, specifications, facts and circumstances as set out in the application submitted to Council, showing the location of second dwelling envelope and driveway access.

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b. Building colours, materials and finishes being consistent with the requirements of the Hillslopes Development Control Plan.

c. To ensure that the development complies in all respects with the requirements of Council’s Planning Scheme, Development Manual and good engineering practice.


Timing of Effect

2. The conditions of the Development Permit must be effected prior to the approval and dating of the Survey Plan, except where specified otherwise in these conditions of approval.

Water Supply Works

3 a. The applicant/owner must carry out water supply works to connect to Council’s existing water supply and provide sufficient capacity to the development at a point determined by the Chief Executive Officer.

Three (3) copies of a plan of the works must be submitted prior to the and endorsed by the Chief Executive Officer prior to the approval and dating of the Survey Plan.

b. The works shall be designed and undertaken such that minimal disturbance occurs to the existing site. To this extent the engineering report shall be accompanied by an Environmental Management Plan (EMP) to ensure that the impacts of development on the environment are adequately controlled. The EMP is to be approved by the Chief Executive Officer prior to the approval and dating of the Survey Plan.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer

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On-Site Sewerage Disposal

4. The applicant/owner must demonstrate how the development complies with the DNRM On-site Sewerage Code (July 2002). On-site sewerage disposal ‘envelopes’ must be provided on a plan of the development, showing how proposed Lot 2 can physically provide the necessary area(s) and comply with the required setbacks, etc. for on-site disposal of sewerage. On-site sewerage disposal must occur within any proposed building envelopes. In particular concern is raised with the existing nominated plan to site the on-site disposal area in close proximity to the watercourse on proposed Lot 2. The submitted plan GCS03-192-Fig 1 Revision 1 dated 20 November 2003 by Ganza Consulting Services is not acceptable.

The plan must be accompanied by a report, inclusive of supporting calculations and site investigations, for proposed Lot 2 in a format to the satisfaction of the Chief Executive Officer, specifying those methods of on-site sewerage disposal applicable for those allotments and providing a recommended method and location of facilities. The plan and report must be received and endorsed by the Chief Executive Officer prior to endorsing and signing of Survey Plan.


5. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge being nominally the Creek on proposed Lot 1 adjacent to Easement A.

Access & Drainage


a. The driveway shall be a minimum of a 3.5 metre wide concrete slab, with barrier kerb and channel provided on the downhill side for vehicular safety and drainage purposes, except where the access crosses the gully on proposed Lot 1 where a kerb edge will be provided on both sides of the bridge structure;

b. The maximum driveway longitudinal grade shall be 20%;

c. The driveway shall be constructed in such a manner as to ensure that the crossfall of the driveway be one-way and directed into the hill, for vehicle safety and drainage purposes;

d. The driveway shall be located to minimise the visual impact, and minimise the amount of earthworks required; and

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e. The both sides of the area adjacent to the driveway shall be re-vegetated to minimise visual impact. This information is to be included in the application for engineering approval.

Three copies of the plan of works shall be provided to Council and approved by the Chief Executive Officer prior to the signing and dating of the Survey Plan.

7. A slope stability report including revegetation and stabilisation measures to the satisfaction of the Chief Executive Officer must be provided. The measures shall address the driveway batters as well as the earthworks to be undertaken to the proposed building envelope. The measures must be undertaken in accordance with the approved plan with all works being completed to the satisfaction of the Chief Executive Officer prior to the signing and dating of the Survey Plan.

Visual Impact & Landscaping

8. All building on proposed Lot 2 must be within the building envelope defined by Drawings 6259COT-03 Sheets 1 and 2 dated 2 April 2004.

9. The building shall have a maximum height of 4.5m including a maximum cut of 1.5m below the existing natural surface, as detailed in Drawing 6259COT-03 Sheets 1 and 2 dated 2 April 2004; the roofline shall not extend above the ridge top tree lines; the roof pitch shall be less or equal to 15o and where the slope is greater than 1:6, the roof line should be parallel to the slope.

10. The applicant must submit a detailed plan indicating existing vegetation to be retained for the purpose of screening the proposed dwelling, as well as details of proposed landscaping and screening within 15 metres of the proposed building envelope as detailed in Condition 9 above. The landscape / vegetation management plan should indicate native species appropriate to the ecosystem of the area and its effectiveness for long term maintenance and shall be submitted to Council and approved by the Chief Executive Officer prior to the signing and dating of the Survey Plan.

Existing native and mature vegetation shall only be removed with the prior written consent of the Chief Executive Officer. All vegetation proposed for removal shall be marked by the applicant/owner and approved by Council Officers prior to being removed. Council’s City Assessment Branch is to be notified of the proposed date of commencement of any approved vegetation clearing.

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Water Saving

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

Construction

12. The applicant/owner is to ensure at all times that dust suppression measures are undertaken, that all materials are appropriately stored and that any unsealed areas do not create a dust nuisance to surrounding areas, to the satisfaction of the Chief Executive Officer.

Fire Hazard

13. The applicant/owner is to provide written confirmation from the Queensland Fire Services Authority that proposed measures to reduce the risk of bushfire within the subject site are acceptable. This written confirmation shall be provided prior to the signing and dating of the Survey Plan.

14. All water supply infrastructure shall be provided with fire fighting capacity to the requirements of Council’s Domestic Demand requirements and to the satisfaction of the Queensland Fire Services for fire fighting purposes. This written confirmation shall be provided to Council prior to the signing and dating of the Survey Plan.

Lighting

15. The applicant/owner shall ensure that lighting is positioned and focussed so as to not have a detrimental impact on the amenity of the surrounding area.

16. The applicant must provide a Statutory Covenant for Environmental and Amenity Purposes to be registered on title over Lot 488 on RP 747655 and is to include all of the lot area excluding the existing building envelope, vehicle access and other improvements, the proposed additional building envelope and a suitable access strip and on-site sewerage disposal area for that dwelling. The Covenant is to be registered prior to the signing and dating of the Survey Plan.


17. The applicant/owner must contribute in accordance with Council's policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply headworks.

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The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $3,942.79 (1.3 EDCs) for water.


Stormwater Quality Drainage Requirement

18. The applicant/owner must contribute towards the augmentation of stormwater drainage services and associated services in accordance with Bella Vista Main Drain Drainage Management Plan.

The contribution rate is that which is current at the time of payment. The current rate of contribution is $453.73 (1 Lot). Payment is required prior to the approval and dating of the Survey Plan.

Easement Over Other Property

19. The applicant/owner must, at their own cost, enter into an agreement with the land owner of Lot 487 on RP747655 for the creation of a reciprocal access easement to allow vehicle access and on-site manoeuvring for both properties, to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of the Council's solicitors at the expense of the owner. The easement documents must be lodged and registered in the Department of Natural Resources, Mines and Energy immediately following the Plan of Survey for Reconfiguration.

Existing Creek and Drainage Systems

20. 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 Natural Resources and Mines for carrying out works in a watercourse.

ADVICE


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2. All building site managers must take all action necessary to ensure building materials and/or machinery on the site are secured immediately following the first potential cyclone warning and that the relevant emergency telephone contacts are provided to Council Officers prior to the commencement of works.

3. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au To access Council’s Development Manual, Local Laws and other applicable policies, log on to www.cairns.qld.gov.au

B. That Council notate the property file to reflect conditions 4,9,10 and 11 of the approval.

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15. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) PLUS OPEN SPACE – LOT 33 FIG TREE DRIVE, CARAVONICA – DIVISION 12 173

Neil Beck: 8/13/779-01 : #792542 SHEPPARD / BONNEAU

A. That Council approve the application to reconfigure land described Lot 33 on SP160307, Parish of Smithfield, located at Lot 33 Fig Tree Drive, Caravonica, into 2 lots and open space, subject to the following conditions:-


1. The proposal plan being drawing No 5219-5C prepared by C&B Group Pty Ltd dated 30 April 2004, is approved subject to any alterations:

a. Found necessary by the Council at the time of examination of the Engineering Plans or during the construction of the development because of particular engineering requirements;

b. To ensure that the development complies in all respects with the requirements of Council's Planning Scheme, Development Manual and good engineering practice; and

c. To ensure compliance with the following conditions of approval.


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Timing of Effect

2. The conditions of the Development Permit must be effected prior to the approval and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.

Preliminary Approval Conditions

3. All of the conditions of the preliminary approval, as set out in the Decision Notice dated 1 July 2003, that are not modified by the conditions of this approval must be complied with prior to approval and dating of the Plan of Survey.



The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $7885.57 (2.60 EDCs) for water,

Payment is required prior to approval and dating the Plan of Survey.

Water Supply Works

5. The applicant/owner must carry out water supply works to connect the subject land to Council’s existing water supply headworks at a point determined by the Chief Executive Officer.

Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the prior to the approval and dating of the Plan of Survey.

Drainage Contribution

6. The applicant/owner must contribute towards the improvement of stormwater quality in accordance with the Draft Trunk Infrastructure Contribution Policy.

The contribution rate is that which is current at the time of payment. The current rate of contribution is $1602.44 (Relative Impermeability Factor x $2950/Equivalent Hectare).

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Payment is required prior to the approval and dating of the Plan of Survey.


7. The applicant/owner must ensure that the flow of all external stormwater from both lots is directed to a lawful point of discharge being Fig Tree Drive, 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.

On Site Wastewater Disposal

8. The house designs are to incorporate water reducing fixtures (including shower flow restrictors and aerator faucets). The treatment system is to be capable of treating effluent to an advanced secondary standard with disposal by covered surface drop irrigation as described in the report by Ganza Consulting Services, dated May 2004 and being Revision 2. The system to be operated and maintained to the manufacturers requirements.

Vegetation Clearing

9. Existing vegetation on the subject land must be retained in all areas except those affected by the construction of roadworks, the installation of services and approved earthworks. The extent of any clearing which is required to provide for roadworks, the installation of services, approved earthworks, or which is to be carried out on proposed lots must be consented to by the Chief Executive Officer before clearing commences in the area.

Vegetation to be retained is to be identified and adequately fenced off for protection purposes prior to construction work commencing on the site. Council’s City Assessment Branch is to be notified of the proposed date of commencement of any approved tree clearing.

Access & Drainage


a. the driveway shall be a minimum of 3.5 metre wise concrete slab, with barrier kerb and channel provided on the either side for vehicular safety and drainage purposes;

b. the maximum driveway longitudinal grade shall be 20%;

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c. the driveway shall be constructed in such a manner as to ensure that the crossfall of the driveway be one-way and directed into the hill, for vehicle safety and drainage purposes’;

d. a turn around shall be provided adjacent to each of the proposed dwellings sufficient to allow turning movements for an emergency services vehicle;

e. the driveway shall be located to minimise the visual impact, and minimise the amount of earthworks required; and

f. the both sides of the area adjacent to the driveway shall be re-vegetated to minimise visual impact. This information is to be included in the application for engineering approval.

Three copies of the plan of works shall be provided to Council and approved by the Chief Executive officer prior to the sign and dating of the Survey Plan.



a. both accesses shall have a Low Density Rural Culvert Crossover constructed at their respective road frontage in accordance with Standard Drawing S1105. A kerb crossover shall be constructed in accordance with Standard Drawing S1015 at the existing kerb and channel at the frontage of Lot 212.

b. A concrete car park and adequate turnaround area shall be provided adjacent to the Water Pump Station to the frontage of Lot 212. This area shall be connected to the access of Lot 212 by a 3.5m concrete driveway in accordance with Council standards.

Three (3) copies of a plan of the works must be submitted to Council and endorsed by the Chief Executive Officer prior to commencement of works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

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Parkland Contribution

12. The applicant/owner must transfer to the Crown the balance area of Lot 22 as Unallocated State Land. Declared pest plants to be destroyed to the requirements and satisfaction of the Chief Executive officer. The balance area shall be transferred to the Crown at the same time as registering the survey plans with the Department of Natural Resources, Mines and Energy.

Access and Easements

13. That part of the site comprising Easement A on RP742824 and which provides access to Lot 24 on SP160307, Lot 1 on RP741352 and Lot 23 on SP160307 (the site of a Council reservoir) is to be transferred to the Council and the easements, in favour of Lot 24 on SP160307 and Lot 1 on RP741352 are to remain as access easements.

The access area shall be transferred to the Council at the same time as the registering of the survey plans with the Department of Natural Resources, Mines and Energy.

Electricity and Telecommunications

14. The applicant/owner must provide written evidence of negotiations with the electricity supply and telecommunications authorities that services will be provided to the development. Such evidence to be provided prior to the approval and dating of the Plan of Survey.


Department of Main Roads


i. Vehicular access between the State-controlled roads (i.e. Kennedy Highway and Cairns Western Arterial Road) and the proposed allotments on the subject land shall be via Fig Tree Drive, to the satisfaction of Cairns City Council.

ii. No direct access between the Kennedy Highway (Cairns-Mareeba) and the subject land is permitted.

2. Building Alignment Setback

A building alignment setback of 100 metres from the common boundary of the subject land with Lot 89 on USL9932 shall apply to all new structures intended to be located on the subject land to the satisfaction of the Director-General of the Department of Main Roads.

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ADVICE




B. That the following notation be placed on Council’s future rates record in respect of the proposed new lots (Lots 211 and 212).

a. “There is a Development Permit on this property which included conditions from the Council and the Department of Main Roads. These conditions must be adhered to, if the development permit is activated. For further information contact Council’s City Assessment Branch.

b. The owners will be required to adopt the recommendations for onsite effluent disposal as detailed within the hydraulics report prepared by Ganza Consulting Services (Revision 2) dated May 2004, received by Council on 6 May 2004 (Document Number 784305).

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16. RECONFIGURING A LOT (1 LOT INTO 4 LOTS) – 29-31 MOORE STREET, TRINITY BEACH – DIVISION 11 183

Neil Beck: 8/13/786-01 : #791040 BONNEAU / COCHRANE

That Council approve the application to reconfigure land described as Lot 1 on RP727768, Parish of Smithfield, located at 29-31 Moore Street, Trinity Beach, into 4 lots, subject to the following conditions:-

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1. The proposed plans 6771KUB-01A, K7187-SK-01 and 04-336-SK-01 submitted to Council on 17 May 2004 and 7 June 2004, are approved subject to any alterations:





Timing of Effect




The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $9,698.30 (2.80 EDCs) for water, and $9,319.97 (3.0 EDCs) for sewerage.




The contribution rate is that which is current at the time of payment. The current rate of contribution is $596.79 (Relative Impermeability Factor x $2,950.00/Equivalent Hectare).


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The contribution rate is that which is current at the time of payment. The current rate of contribution is $6,750.41 (3.00 ERAs). Payment is required prior to approval and dating the Plan of Survey.

Park Contribution in Lieu of Land

6. The applicant/owner is to make a monetary contribution for the additional lots towards the provision of or upgrading of parks and reserves in accordance with the provisions of Council's planning scheme and Section 5.6 of the Local Government (Planning and Environment) Act 1990. The contribution must be paid prior to approval and dating the Plans of Survey.

The contribution must be paid at 10% of the unimproved capital value of the subject land applicable at the time of payment. On the present method of calculation, the estimated total parkland contribution is $20,000.00.



In particular, each allotment must be provided with a single internal sewer connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.



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Drainage Study of Site

8. The applicant/owner must undertake a local drainage study on the subject land to determine the drainage effects on downstream properties and the mitigation measures required within the easements to minimise such effects. In particular, the post-development discharge of stormwater from the subject land must not exceed pre-development levels. The study must be submitted to and endorsement by the Chief Executive officer prior to the submission of an application for a Development Permit for Operational Works for the reconfiguration.

Drainage Works

9. A stormwater drainage plan, prepared by a suitably qualified consultant, must be submitted. In particular, the following must be addressed:

a. Suitable arrangement/s with surrounding land owners which allows for the appropriate discharge of stormwater from the subject land to the drainage easement on the adjoining properties on Jamieson Street must be demonstrated;

b. The drainage system installed must incorporate a stormwater detention/infiltration mechanism, located within the subject land to reduce the velocity of water discharging to the drainage easement.

Three (3) copies of a plan of the works must be in accordance with Council’s Development Manual. Such plans must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works and must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to to the issue of the approval and dating of the Plan of Survey.


10. The applicant/owner must ensure that the flow of all external stormwater from all lots is directed to a lawful point of discharge being the existing drainage easement on the south west of the land, 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.

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Minimum Fill And Habitable Floor Levels

11. All habitable floor levels in all buildings must be located 300mm above the Q100 flood immunity level of 3.4 metres AHD, in accordance with Development Manual and Planning Scheme requirements.

Internal Access Road Design

12. The applicant/owner must construct a concrete driveway extending the full length of the access legs of proposed Lots 23 and 24 with a minimum width of 4 metres. The driveway shall commence at the adjacent kerb and channel with a standard crossover in accordance with Council Standard Drawing S1015. The construction of the concrete driveway shall be in accordance with Council Standard Drawing S1110 and shall be constructed prior to the approval and dating of the Plan of Survey.



a. Provision of a 4m wide shared concrete crossover and apron, and

b. Replace damaged sections of existing kerb and channel.

Three (3) copies of a plan of the works must be submitted to Council and endorsed by the Chief Executive Officer prior to commencement of works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

Building Envelopes

14. The building envelopes are to be set back a minimum of 5 metres from the road frontage and are to be in accordance with the building envelopes shown on Plan 04-336-SK01.

Landscaping Plan

15. The applicant/owner must landscape the subject land and street frontage in accordance with the Development Manual – Part 4 – Landscaping and in accordance with a landscape plan submitted to and endorsed by the Chief Executive officer prior to the issue of a Development Permit. In particular the plan must show:

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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 retention of as many existing trees and shrubs as possible and further planting of trees and shrubs;

c. Planting of the footpath with trees, using appropriate species with regard to any overhead powerline constraints;

d. Landscaping of required setback areas to the side boundary and to the rear boundary of the site.

e. The significant trees shown on plan 04-336-SK01 are to be retained other than those within the building envelopes and the two trees, on proposed Lots 23 and 24, that are immediately adjacent to the building foundations.

f. Inclusion of all requirements as detailed in other relevant conditions included in this Approval, with a copy of this Development Approval to be given to the applicant’s Landscape Architect/Designer.

Existing native and mature vegetation must be retained and only be removed with the written consent of the Chief Executive Officer. Council’s City Assessment Branch is to be notified of the proposed date of commencement of any approved tree clearing.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Provision of Services

16. The applicant/owner must provide service conduits to Lot 1084 adjacent to the driveway together with associated access pits if necessary, to extend from the front alignment to the further end of the access driveway. These conduits must to be constructed at the operational works stage as later excavations or trenching will not be approved.

Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

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All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

Demolish Existing Structures

17. The existing buildings/structures are to be demolished prior to the approval and dating of the Plan of Survey.



ADVICE

1. This approval, granted under the provisions of the Integrated Planning Act 1997, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.



carried

17. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – SPENCE STREET, CAIRNS – DIVISION 5 AND DIVISION 6 195

Peter Boyd: 8/13/805 : #802469 GILL / PLATH

That Council approve the application for the reconfiguration of a lot (1 lot into 2 lots) to reinstate the original boundaries prior to the registration of Lot 183 on SP167078, Parish of Cairns, located at Spence Street, Cairns, as detailed in Appendix 1.

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ADVICE



carried

18. RECONFIGURING A LOT (1 LOT INTO 35 RESIDENTIAL LOTS PLUS A PARK LOT) – LOT 10 FOSTER ROAD, MOUNT SHERIDAN – DIVISION 3 200

Peter Boyd: 8/13/764-01 : #770848 PEZZUTTI / FREEBODY

A. That Council approve the application to reconfigure land (1 lot into 35 residential lots plus 1 park lot) described as Lot 10 on SP164258, Parish of Grafton, situated at Bruce Highway, Mount Sheridan, subject to the following conditions:-


1. The proposed Plan of Development Drawing No 5818-124 Issue A dated 10 October 2003 and 5818-120 Issue C dated 1 October 2003 and prepared by C & B Consultants Pty Ltd is approved subject to any alterations:


b. To ensure that the development complies in all respects with the requirements of Council's Planning Scheme, Development Manual and good engineering practice;

c. To ensure compliance with the conditions of the previous rezoning deed and in particular the Cannon Farm Part A Development Standards for the rezoning of the subject site; and

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d. To ensure compliance with the following conditions of approval;


Timing of Effect

2. The conditions of the development Permit must be effected prior to the approval and dating of the Survey Plan, except where specified otherwise in these conditions of approval.



The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $90,158.61 (33 EDCs) for water and $76,484.17 (33 EDCs) for sewerage. Payment is required prior to the approval and dating of the Plan of Survey.



The contribution rate is that which is current at the time of payment. The current rate of contribution is $3,026.41 (Relative Impermeability Factor x $2,950.00/Equivalent Hectare).


Parkland Contribution

5. The applicant/owner must transfer to the Crown the area of land designated as park (approximately 3.8 Ha) for Public Use Land – Park in accordance with the requirements of Council's Planning Scheme and Section 5.6 of the Local Government (Planning and Environment) Act 1990.

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This area is to be a fair average of the type of land to be reconfigured and shall be filled, graded, and drained, and all declared pest plants to be destroyed and left in a mowable condition to the requirements and satisfaction of the Chief Executive Officer. The park areas shall be transferred to the Crown at the same time as registering the Plans of Survey with the Department of Natural Resources and Mines.

Parkland Design

6. The area of open space to be transferred to Council (Lot 2011) is to be in accordance with Section 4.5.2 of Part H of the Planning Scheme for the Balance of the City of Cairns. This will require the re-design of proposed Lot 2011 to ensure that the drainage retention basin is calculated at a discounted rate of 50% of the actual area. The larger park shall be transferred to the Crown at the same time as registering the Plans of Survey with the Department of Natural Resources and Mines.


7. The applicant/owner must carry out water supply and sewerage works to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer. In particular, each allotment must be provided with a single internal sewer connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.

Three (3) copies of a plan of the works must be submitted to and 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 Cairns Water and the Chief Executive Officer prior to the prior to the approval and dating of the Plan of Survey.

Landscaping Plan

8. The applicant/owner must landscape the subject land and street frontage in accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. In particular, the plan must show:

a. The retention of as many existing trees and shrubs as possible and further planting of trees and shrubs;

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b. Planting of the footpath with trees, using appropriate species with regard to any overhead powerline constraints; and

c. Inclusion of all requirements as detailed in other relevant conditions included in this Approval, with a copy of this Development Approval to be given to the applicant’s Landscape Architect/Designer.


Areas to be landscaped must be established prior to the approval and dating of the Plan of Survey and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

9. On all partially constructed roads where the length of road exceeds 60 metres (i.e. maximum acceptable reversing distance for garbage truck) a temporary gravel turning facility shall be provided to the end of the road. The turning facility shall be of sufficient size to turnaround a garbage truck, either in a continuous forward movement or by a three-point turn.

Roadworks

10. All roadways shall be constructed to an Access Street standard in accordance with Standard Drawing S1005 excepting the extension of Benjamina Street, which must be constructed to a Collector standard in accordance with Standard Drawing S1006.

11. The Benjamina Street Extension shall have 2.0 metre wide concrete pathway constructed generally in the location as shown on the Forest Gardens Sports Oval Mobility Plan (Sports Oval Connectivity) dated May 2004. A pedestrian refuge/traffic island (including fencing etc.) shall be placed at the Benjamina Street crossing (adjacent to the sports oval) to allow for the purposes of pedestrian safety.


12. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge being Sawpit Gully 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.

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Plan of Drainage Works

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

a. 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. End-of line 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.

ii. SQIDs shall remove at least 95% of all foreign matter with a minimum dimension of 3mm and shall be configured to prevent re-injection 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 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.

b. All new allotments shall have immunity from flooding associated with an ARI 100 year rainfall event.

Soil and Water Management Strategy

14. A Soil and water management strategy, in accordance with Council's Development Manual must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Installation Of SWM Measures

15. The soil and water management measures endorsed by the Chief Executive Officer 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 Council's Development Manual).

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Building Setback Plans

16. The applicant/owner must lodge formal building setback plans for all proposed lots with Council prior to the approval and dating of the plan/s of survey. The building setback plans must comply with the following requirements:

a. No building setback shall be closer than 1.5 metres to a completed sewer main;

b. No building envelope shall extend into an existing or proposed easement; and

c. The minimum setbacks as outlined in Section 3.3.3 of the Cannon Farm Part A – Development Standards.

The applicant/owner must also ensure that the endorsed building setback plans are made known to all prospective purchasers of these lots.



Miscellaneous

18. Prior to the commencement of any works on site, the applicant shall ensure that any African Tulip trees Spathodea companulata contained on the site are removed.

All African Tulips above 10cm in diameter shall be chainsawed. The stump shall be ground down, grubbed and painted with a strong systemic herbicide, and any regrowth of the stump monitored. If any regrowth persists or suckers begin to grow, the stump should be stem injected with a systemic herbicide. Small trees of 10cm or less can be directly poisoned or by drilling a stem injection of s systemic herbicide. A follow up and monitoring protocol of 3 monthly intervals will be needed to determine the success of the original application, and follow up herbicide applied in either of the above methods repeated.

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CONCURRENCE AGENCY CONDITIONS – DEPARTMENT OF MAIN ROADS

Pedestrian/Cyclist Contributions

1. The applicant shall make monetary contribution towards pedestrian and cyclist infrastructure in accordance with the Queensland Department of Main Roads report Mulgrave Shire, Bruce Highway – Edmonton to White Rock Bikeway Headworks Charges, November 1994.

The contribution is $93.00 as at November 1994 for each Equivalent Residential Allotment which is appropriately re-calculated at the time of payment to reflect changes in Department of Main Roads Roadworks Input Cost Index (RICI).

The contribution shall be paid to the Department of Main Roads prior to the applicant requesting Council to date and approve any Plan of Survey for the subject land.

ADVICE




B. The following notations will be placed on Council's future rates record in respect of the Lots 1011 to 1036 on Drawing No 5818-124 dated 10 October 2003 and Lots1002 to 1010 on Drawing No 5818-120 Issue C dated 1 October 2003:

a. The proposed future dwelling and buildings are to be sited within the building setback plan, as detailed on plans held by Council. A copy of the building setback plan is available from Council.

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C. That further discussions take place between the Applicant, the Divisional Councillor, Officers from the Sport & Recreation Section and Officers from City Assessment Section on the layout of the plan of sporting fields.

carried

19. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – LOT 3 JAMES COOK DRIVE, KEWARRA BEACH – DIVISION 12 214

Kym Watton: 8/13/791-01 : #799242 SHEPPARD / COCHRANE

A. That Council approve the application to reconfigure land described as Lot 3 on RP748690 located at James Cook Drive, Kewarra Beach into two (2) lots subject to the following conditions:


1. The proposed Plan of Development submitted with the application is approved subject to any alterations:





Timing of Effect


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Drainage Contributions

4. The applicant/owner must contribute towards the improvement of stormwater quality in accordance with the Draft Trunk Infrastructure Contributions Policy.

The contributions rate is that which is current at the time of payment. The current rate of contributions is $1,009.25 (0.4 RIF x $2,950.00/Equivalent Hectare) for Water Quality.




a. Construct a concrete (or other approved surface) driveway to battleaxe Lot 302 extending the full length of the access leg of allotment. The construction of the concrete driveway shall be in accordance with Council Standard Drawing S1110; and

b. Construct a bitumen turnout in front of the proposed access.

Three (3) copies of a plan of the works must be submitted and endorsed by the Chief Executive Officer prior to the signing and sealing of the Plan of Survey. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the signing and sealing of the Plan of Survey.

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6. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge being James Cook Drive 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.

Existing Services

7. The applicant is to provide written confirmation of the location of the existing services for the subject land. In any instance where the existing services are contained within another lot, then the applicant shall either:

a. Relocate the services to comply with this requirement; or

b. Arrange the registration of the necessary easements over the services which are located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the Lot.



On-Site Sewerage Disposal

9. The applicant/owner must submit an amended hydraulics report having regard to the estimated daily flows and replacement areas as detailed within the hydraulics report prepared by Ganza Consulting Services to the satisfaction of the Chief Executive Officer. The amended report must be received and endorsed by the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

ADVICE


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B. That the following notation be placed on Council’s future rates record in respect of proposed Lot 301 and proposed Lot 302:-

“The owner(s) of this property will be required to adopt the recommendations for on-site effluent disposal as detailed within the hydraulics report prepared by Ganza Consulting Services held by Council.

carried

20. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 4 HERON CLOSE, KEWARRA BEACH – DIVISION 11 223

Rohan Lee: 8/13/797-01: #787647 BONNEAU / SHEPPARD

That Council approve the application to reconfigure land described as Lot 6 on RP737555, Parish of Smithfield, located at 4 Heron Close, Kewarra Beach, into 2 lots, subject to the following conditions: -


1. The proposed Plan of Development Drawing No. 31103/01, dated 23 April 2004 and prepared by Brazier Motti Pty Ltd, Cairns, is approved subject to any alterations:





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Timing of Effect




The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $2,700.71 (0.70 EDCs) for water and $3,647.45 (1.0 EDC) for sewerage.



4. The applicant/owner must contribute towards Council’s Traffic Management/Road Upgrading Program in accordance with Cairns City Council Traffic Management Plans.

The contribution rate is that which is current at the time of payment. The current rate of contributions is $2,190.14 (1.0 ERA). Payment is required prior to the approval and dating of the Plan of Survey.



The contributions rate is that which is current at the time of payment. The current rate of contributions are $469.64 (0.1592 ECA x $2,950.00/Equivalent Hectare) for Water Quality. Payment is required prior to the approval and dating of the Plan of Survey.


6. Proposed Lot 61 and Lot 62 must be provided with a single internal sewer connection in accordance with the Development Manual, including but not limited to, Council Standard Drawing No. 3005.

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Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer. All works must be carried out in accordance with the approved plan, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the approval and dating of the Plan of Survey.


7. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge, nominally being Heron Close such that it does not adversely affect surrounding properties, all to the requirements and satisfaction of the Chief Executive Officer.


8. The applicant/owner must provide written evidence of negotiations with the electricity supply and telecommunication authorities that services will be provided to the development. Such evidence to be provided prior to the approval and dating of the Plan of Survey.



a. Provision of a concrete crossover(s) and apron(s) to each lot in accordance with Council Standard Drawing S1015; and

b. Make good the kerb(s) at redundant crossover(s).

Three (3) copies of a plan of the works must be submitted to Council and endorsed by the Chief Executive Officer prior to the commencement of works. Such works must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to approval and dating of the Plan of Survey.

Minimum Fill Required

10. All habitable floor levels in all new buildings must be located 300mm above the Q100 flood immunity level of 3.40 metres AHD or the minimum fill level of 3.40 metres AHD (whichever is the greater), in accordance with Development Manual and Planning Scheme requirements.

Existing Services


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b. Arrange the registration of the necessary easements over the services, which are located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the lot.

Demolish Structures

12. All structures not associated with the approved development (including disused services and utilities) must be demolished and/or removed from the subject land prior to approval and dating of the Plan of Survey creating the lot.

ADVICE




carried

21. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 53 CEDAR ROAD, PALM COVE – DIVISION 11 232

Rohan Lee: 8/13/785-01 : #781395 BONNEAU / COCHRANE

A. That Council approve the application to reconfigure land described as Lot 89 on RP747282, Parish of Smithfield, located at 53 Cedar Road, Palm Cove, into 2 lots, subject to the following conditions: -

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1. The proposed Plan of Development Drawing No. 31107/002 & 31107/003B, dated 8 April 2004 and prepared by Brazier Motti Pty Ltd, Cairns, and received by Council on 16 April 2004, is approved subject to any alterations:





Timing of Effect







4. The applicant/owner must contribute towards Council’s Traffic Management/Road Upgrading Program in accordance with Cairns City Council Traffic Management Plans.

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The contribution rate is that which is current at the time of payment. The current rate of contribution is $2,247.46 (1.0 ERA). Payment is required prior to the approval and dating of the Plan of Survey.


5. The applicant/owner must contribute towards the augmentation of stormwater drainage services and associated services in accordance with Palm Cove Drainage Management Plan.

The contribution rate is that which is current at the time of payment. The current rate of contribution is $596.91 (0.0701 Hectares). Payment is required prior to the approval and dating of the Plan of Survey.


The contribution rate is that which is current at the time of payment. The current rate of contributions is $225.55 (0.0701 ECA). Payment is required prior to the approval and dating of the Plan of Survey.



In particular, each allotment must be provided with a single internal sewer connection in accordance with the Development Manual including, but not limited to, Council Standard Drawing No. S3005.

Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the approval and dating of the Plan of Survey.


8. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge, nominally being Cedar Road, such that it does not adversely affect surrounding properties, all to the requirements and satisfaction of the Chief Executive Officer.

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9. The applicant/owner must provide written evidence of negotiations with the electricity supply and telecommunication authorities that services will be provided to the development. Such evidence to be provided prior to the approval and dating of the Plan of Survey.



a. Replace damaged sections of existing kerb and channel.

Three (3) copies of a plan of the works must be submitted to Council and endorsed by the Chief Executive Officer prior to the commencement of works. Such works must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

Minimum Fill Required

11. All habitable floor levels in all new buildings must be located 300mm above the Q100 flood immunity level of 3.40 metres AHD or the minimum fill level of 3.40 metres AHD (whichever is the greater), in accordance with the Development Manual and Planning Scheme requirements.

Building Setback Plans

12. The applicant/owner must lodge formal Building Setback Plans for proposed Lots 7 and 8 with Council prior to the approval and dating of the Plan of Survey. The building setback plans must comply with the following requirements:

a. No building setback shall be closer than 1.5 metres to a completed sewer main; and

b. No building envelope shall extend into an existing or proposed easement.

c. The Building Setback Plan shall give a 0 metre setback between proposed Lots 7 and 8 and provide a 0.75 metre setback between proposed Lot 7 and Lot 6 on SP149861 and a 1.5 metre setback between proposed Lot 8 and Lot 90 on RP747282.

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The applicant/owner must also ensure that the endorsed building setback plans are made known to all prospective purchasers of these lots.

ADVICE




B. The following notations will be placed on Council’s future rates record in respect of the new lots.

a. “The proposed future dwelling, sheds and ancillary buildings are to be sited within the building setback plan, as detailed on plans held by Council. A copy of the building setback plan is available from Council (Document Reference 8/13/785).”

b. “All habitable floor levels in all building must be located 300mm above the Q100 flood immunity level of 3.40 metres AHD or the minimum fill level of 3.40 metres AHD (whichever is the greater), in accordance with the Development Manual and Planning Scheme requirements.”

C. That Council dispense with the minimum rectangle of 9 metres x 15 metres for lots in the Residential 2 zone to allow a rectangle of 8.5 metres x 29 metres, in accordance with Part E Section 3.1.3 (D2) of the Planning Scheme for the Balance of the City of Cairns.

carried

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22. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 63 KEWARRA STREET, KEWARRA BEACH – DIVISION 11 242

Rohan Lee: 8/13/722-01: #740972 BONNEAU / BLAKE

Approval of the proposal to reconfigure land described as Lot 22 on RP 728024 and located at 63 Kewarra Street, Kewarra Beach, into two lots subject to the following conditions.-


1 The proposed Plan of Development Drawing No 42-12103-V001 dated 22 October 2003 and prepared by GHD Surveyors Pty. Ltd. is approved subject to any alterations:





Timing of Effect

2. The conditions of the Development Permit must be effected prior to the approval and dating of the survey plan, except where specified otherwise in these conditions of approval.




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The contribution rate is that which is current at the time of payment. The current rate of contribution is $2,190.14 (1.00 ERA). Payment is required prior to the approval and dating of the Survey Plan.

Drainage Management Contributions


The contributions rate is that which is current at the time of payment. The current rate of contributions is $535.08 (0.1663 ECA) for Water Quality. Payment is required prior to the approval and dating of the Plan of Survey.



In particular, each allotment must be provided with a single internal sewer connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.



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7. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge nominally being Kewarra Street 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.

Habitable Floor Levels




Access to Lots

10. The applicant/owner must construct access for proposed Lot 9 no more than 5 metres from the boundary with proposed Lot 10 so as not to interfere with access to Kewarra Beach Resort. Such access shall commence at the adjacent kerb and channel with a standard crossover in accordance with Council Standard Drawing S1015. Construction of the crossover shall take place prior to the approval and dating of the Plan of Survey.

Demolish Structures

11. All structures not associated with the approved development (including disused services and utilities) must be demolished and/or removed from the subject land prior to approval and dating of the Plan of Survey.


Environmental Protection Agency

1. The Environmental Protection Agency did not have any Conditions regarding this Reconfiguration.

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ADVICE

1. Approval for building envelopes on both lots must be sought from Council prior to any building approvals for dwelling houses or other structures on the sites concerned. Both lots are located within the Vegetation Protection and Coastal Management Areas. Local Law 24 (Vegetation Protection) and Policy 3 of Local Law 24 apply to the subject site.


3. For information relating to the Integrated Planning Act 1997 log onto www.ipa.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log onto www.cairns.qld.gov.au.

carried

23. RECONFIGURING A LOT (BOUNDARY REALIGNMENT) – 129-143 & 145 BUNDA STREET, PORTSMITH – DIVISION 5 251

Llew Beaton : 8/13/789-01 : #784489 PLATH / GILL

A. That Council resolve to approve the application for the reconfiguration of lots by realigning the common boundary of land described as Lots 2 and 3 on RP721947, Parish of Cairns, located at 129-143 and 145 Bunda Street, Portsmith, subject to the following conditions:-


1. The proposal Plan No. SP165349 marked ‘Preliminary’ prepared by John Mac Isaac and Associates Pty Ltd and submitted to Council on 20 April 2004, is approved subject to any alterations:



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Timing of Effect

2. The conditions of the development permit must be effected prior to the approval and dating of the survey plan, except where specified otherwise in these conditions of approval.

Existing Services

3. The applicant is to provide written confirmation of the location of the existing services for the subject land. In any instance where existing services are contained within another lot, the applicant shall either:


b. Arrange the registration of the necessary easements over the services located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the Lot.


Environmental Protection Agency:

1. The reconfiguration must be in accordance with the preliminary survey plan of Lots 2 and 3 cancelling Lots 2 and 3 on RP721947 on plan drawing number SP165349 prepared by John Mac Isaac and Associates Pty Ltd.

2. It is a requirement that the applicant notify the Environmental Protection Agency (EPA) (Contaminated Land Unit) in writing within 5 working days of the survey plan being endorsed and provide a copy of the registered plan to the EPA (Contaminated Land Unit).

3. At all times while the subject land is on the Environmental Land Register (EMR) the applicant must comply with the approved Site Management Plan for Lot 3 on RP721947 issued under the Environmental Protection Act 1994 by the Environmental Protection Agency (Contaminated Land Unit).

ADVICE


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B. That Council dispense with the minimum lot size of 2000m2 in this instance, in accordance with Section 5.2(f)(i) of the Planning Scheme for Part of the City of Cairns.

carried

24. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 70 JAMES COOK DRIVE, KEWARRA BEACH – DIVISION 12 257

Darren Johnson: 8/13/800-01: #801440 SHEPPARD / BONNEAU

A. That Council approve the application to reconfigure land described as Lot 70 on RP746126, Parish of Smithfield, located at Lot 70 James Cook Drive, Kewarra Beach into (2) lots subject to the following conditions: -


1. The proposed Survey Plan number 04/073 and prepared by Gary T. Pozzi, is approved subject to any alterations: -

a. Found necessary by the Chief Executive Officer at the time of examination of the Engineering Plans or during construction of the development because of particular engineering requirements;

b. To ensure that the reconfiguration complies in all respects with the requirements of Council's Development Manual and good engineering practice; and

c. To ensure compliance with the conditions of approval.


Timing of Effect


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The contributions rate is that which is current at the time of payment. The current rate of contributions is $1,387.68 (0.4 RIF x $2,950.00/Equivalent Hectare) for Water Quality.




a. The applicant/owner must construct a concrete driveway (or other approved surface) to battleaxe Lot 701 extending the full length of the access leg of allotment. The construction of the concrete driveway shall be in accordance with Council Standard Drawing S1110; and

b. Construct a bitumen turnout in front of the proposed access.

Three (3) copies of a plan of the works must be submitted and endorsed by the Chief Executive Officer prior to the signing and sealing of the Plan of Survey. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the signing and sealing of the Plan of Survey.

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6. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge being James Cook Drive 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.

Existing Services



b. Arrange the registration of the necessary easements over the services that are located within another lot prior to or in conjunction with the submission of the plan of Survey creating the Lot.


8. The applicant/owner must provide written evidence of negotiations with the electricity supply and telecommunications authorities that services will be provided to the development. Such evidence is to be provided prior to the approval and dating of the Plan of Survey.

ADVICE




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B. That the following notation be placed on Council’s future rates record in respect of proposed Lot 301 and proposed Lot 302: -

The owner(s) of this property will be required to adopt the recommendations for on-site effluent disposal as detailed within the hydraulics report prepared by Gilboy Hydraulic Solutions received by Council on 14 May 2004 with the application.

carried

25. RECONFIGURING A LOT (8 LOTS INTO 3 LOTS) – MANN STREET, GREGORY STREET AND MULGRAVE ROAD, WESTCOURT – DIVISION 6 265

Darren Johnson: 8/13/804-01: #802360 GILL / JAMES

That Council approve the application to reconfigure land described as Lots 6-8 on RP702101, Lots 13 & 14 on RP709315, Lot 34 on RP860929, Lot 14 on RP721605 & Lot 10 on RP712442, Parish of Cairns located at Mann Street, Gregory Street and Mulgrave Road into (3) allotments, subject to the following conditions: -


1. The proposed Survey Plan number 7918-11 dated 14 May 2004 and prepared by C&B Group is approved subject to any alterations:





Timing of Effect


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4. The applicant/owner must carry out water supply and sewerage works to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer, in particular an extension of the existing sewer main and provision of sewer house connection branch will be required to proposed Lot 1.

Each allotment must be provided with a single internal sewer connection only in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005, and works shall be undertaken to remove the remaining unused water supply services and sewer house connection branches.







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Demolish Structures

7. All structures not associated with the approved development (including disused services, and utilities) must be demolished and/or removed from the subject land prior to approval and dating of the Plan of Survey.

ADVICE



carried

26. RECONFIGURING A LOT (1 LOT INTO 4 LOTS WITH COMMON PROPERTY) – 12 MOOWOOGA STREET, EARLVILLE – DIVISION 4 271

Darren Johnson: 8/13/799-01: #802780 FREEBODY / PEZZUTTI

That Council approve the application to reconfigure land described as Lot 2 on RP733175, Parish of Cairns, located at 12 Moowooga Street, Earlville, into 4 lots with common property, subject to the following conditions: -


1. The proposed plan number 8281-1, dated 28 April 2004 submitted to Council on 11 May 2004, is approved subject to any alterations:




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Timing of Effect


Access Requirements

3. Vehicle passing bays shall be provided at 50 metre intervals along the entire length of the proposed driveway. The minimum width of the passing bays shall be 3.5 metres.

Three (3) copies of a plan of the works must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. Such works must be constructed in accordance with the endorsed plan, to the satisfaction of the Chief Executive Officer and Council's Development Manual prior to approval and dating of the Survey Plan.



The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $13,562.30 (3.8 EDCs) for water, and $9,239.20 (3.0 EDCs) for sewerage.




The contribution rate is that which is current at the time of payment. The current rate of contribution is $6,406.81 (3.0 ERAs). Payment is required prior to approval and dating the Plan of Survey.

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The contribution rate is that which is current at the time of payment. The current rate of contribution is $2,483.97 (Relative Impermeability Factor x $3,217.58/Equivalent Hectare).


Drainage Study of Site

7. The applicant/owner must undertake a local drainage study on the subject land to determine the drainage effects on downstream properties and the mitigation measures required to minimise such effects. In particular, the post-development discharge of stormwater from the subject land must not exceed pre-development levels. If required works shall be carried out to ensure downstream and surrounding properties are protected from any increase in drainage flow. The study must be submitted to Council and must be endorsed by the Chief Executive Officer, and any required works carried out prior to approval and dating of the survey plan.

Traffic Study of Site

8. The applicant/owner must arrange for a professional, appropriately qualified and independent party to conduct a traffic road safety audit on Bauhinia Avenue and in particular the existing gully crossing, and if required upgrade Bauhinia Avenue including widening of existing bridge crossing, any required pavement widening, traffic islands, linemarking and signage.

Three (3) copies of the road safety audit and a plan of any required works must be submitted and constructed and be endorsed by the Chief Executive Officer prior to the prior to approval and dating of the survey plan.

Existing Services



b. Arrange the registration of the necessary easements over the services, which are located within another lot prior to or in conjunction with the submission of the plan of Survey creating the Lot.

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Demolish Structures

14. All structures not associated with the approved development (including disused services, and utilities) must be demolished and/or removed from the subject land prior to approval and dating of the Plan of Survey.

ADVICE


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carried

27. DISPENSATION OF PLANNING SCHEME PROVISION (BUILDING HEIGHT) – 21 PHEASANT STREET, BAYVIEW HEIGHTS – DIVISION 4 279

Kym Watton: 8/20/1-90 : #802775 FREEBODY / PEZZUTTI

That Council in accordance with Part D, Section 1.6.1 of the Planning Scheme for the Balance of the City of Cairns resolve to approve the application for a dispensation, as shown on Drawings Number TD004, titled Floor Plan, Elevations 1 & 4, and Site Plan prepared by Tim Downes Builder, to allow for the proposed building height for the detached dwelling on land described as Lot 220 on RP747632, Parish of Cairns located at 21 Pheasant Street, Bayview Heights.

carried

28. DISPENSATION OF PLANNING SCHEME PROVISION – SETBACK PROVISIONS – 293 LAKE STREET, CAIRNS NORTH – DIVISION 6 286

Kym Watton: 8/20/1-90 : #802781 GILL / FORD

That Council resolve to approve the application for a relaxation, as shown on Plan No. A01, AO2, AO3, and AO4 dated 13 December 2003 and prepared by Mike Ferris & Partners Pty Ltd, of the front boundary setback to allow a minimum setback of 5 metres on the Lake Street frontage for the establishment of 9 Accommodation Units (Medium Density) on land described as Lot 1 and Lot 2 on RP701264, Parish of Cairns, located at 293 Lake Street, Cairns North subject to the following:-

Building Setback

1. All levels, including levels two (2) to four (4), of Building B must be setback five (5) metres from the Lake Street frontage of the site.

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Building Design

2. To ensure compliance with the minimum communal landscaped open space requirement the applicant must:-

a. Remove the private courtyard area proposed for Unit 1 in Building A, this area is to be included as communal landscaped open space.

b. The stairs located adjacent to Bed 1 of Unit 2 of Building A (as shown on plan AO1) shall be redesigned in order to provide access to the communal landscaped open space areas on the ground floor.

c. The bedroom window of ground floor units 1 and 2 of Building A shall be appropriately screened or have a minimum sill height of 1.7m above floor height in order to maintain the privacy of the residents to the satisfaction of the Chief Executive Officer prior to the commencement of the use.

carried

29. DISPENSATION OF A PLANNING SCHEME PROVISION - CAR PARKING - 147 MARTYN STREET, PARRAMATTA PARK – DIVISION 6 296

Kym Watton: 8/20/1-90 : #799249 GILL / BLAKE

That Council accept the provision of three (3) on-site car parking spaces for land situated at 147 Martyn Street, Parramatta Park, described as Lot 2 on RP706614 in accordance with Plan Number SK4082 Issue A Sheet Number 1 and 2 prepared by Lovell Drafting dated 4 April 2004, subject to the following:-


1. The applicant/owner must at all times during the development of the subject land carry out the development and construction of any building thereon generally in accordance with the submitted site layout plan (Appendix 1).

2. The owner/applicant must at all times provide a minimum of three (3) car parking spaces on site.

The parking layout must be designed in accordance with Australian Standard AS2890.1 1993 Parking Facilities - off street car parking except as varied with the consent of the Chief Executive Officer.

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a. Construct full width bitumen widening to the Draper Street frontage;

b. Linemark car parking spaces to the Draper Street frontage;

c. Formalise existing car parking to the Martyn Street frontage by line marking; and

d. Provision of a concrete crossover(s) and apron(s).

Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer prior to the commencement of works. Such works must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of use.

Landscaping Plan


a. Landscaping of required setback areas, being a minimum 6 metre wide buffer to the Martyn Street frontage and 2 metre wide buffer to the Draper Street frontage of the site.



carried

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30. REQUEST TO CANCEL AND CHANGE CONDITIONS OF A DEVELOPMENT PERMIT FOR 24-32 ARMSTRONG STREET, 95 AND 97 BRUCE HIGHWAY, EDMONTON – DIVISION 2 303

Kym Watton: 8/8/466-01 : #802799 LINDSAY / PEZZUTTI

A. That Council resolve to modify Development Permit 8/8/466 whereby the approval plans and specifications stated on the Decision Notice (dated 29 July 2004, document number #659127) subject to the following:

1. Condition 1 be amended to read as follows:

The proposed Plan of Development Drawing No. 0218-DA-01 dated March 2003 0218-A-BA-001 dated May 2003 and prepared by Stephen Browne Design is approved subject to any alterations:





2. Condition 15 be deleted.

B. That Council in accordance with Section 1.3.3(e) of Part D of the Planning Scheme for the Balance of the City of Cairns accept the provision of 55 spaces for the whole development being Stage 1 and Stage 2 consisting of 50 units (26 units for Stage 1 and 24 units for Stage 2) on land described as Lot 1, 2 and 3 on RP715452, Lot 1 on RP731473 and Lot 1 on RP722378, located at 24-32 Armstrong Street, 95 and 97 Bruce Highway, Edmonton.

C. That all other conditions of Development Permit 8/8/466 remain unchanged.

carried CLAUSE 31 DEALT WITH AFTER CLAUSE 9

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32. REQUEST TO CHANGE CONDITIONS OF APPROVAL FOR RECONFIGURING A LOT (1 LOT INTO 2 LOTS) - 8 HERON CLOSE, KEWARRA BEACH – DIVISION 11 315

Rohan Lee: 8/13/763-01: #801865 BONNEAU / COCHRANE

Council agrees to modify the approval whereby the approval plans and specifications stated on the Decision Notice (dated 21 April 2004, document number #778443) subject to the following:

1. Condition 1 be amended to read as following:

Generally in accordance with the proposed Plan of Development Drawing No. 8234-01, dated 27 March 2004 and prepared by C&B Group Pty Ltd, Cairns.

Generally in accordance with the amended proposed Plan of Development Drawing No. 8234-01A, dated 27 May 2004 and prepared by C&B Group Pty Ltd, Cairns noting Gannett Street should read Heron Close.

2. Condition 12 ‘Demolish Structures’ be deleted.

3. All other conditions on the Decision Notice remain as recommended by Council.

carried

33. EXTENSION OF CURRENCY PERIOD – RECONFIGURATION OF A LOT (ONE LOT INTO TWO LOTS) – 17-21 AROPA STREET (CORNER PANGUNA & AROPA STREETS), TRINITY BEACH – DIVISION 12 319

Llew Beaton: 8/13/478-01 : #803069 SHEPPARD / BONNEAU

That Council approve the extension of the currency period for Development Approval 8/13/478 over land described as Lot 9 on RP908380 Parish of Smithfield, situated at 17-21 Aropa Street (corner of Aropa Street and Panguna Street) Trinity Beach, for a further two (2) years up to and including 26 March 2006, subject to the following conditions being added / amended:

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Stormwater Quality Contributions


The contribution rate is that which is current at the time of payment. The current rate of contribution is $1119.94 ($2,950.00 / Ha). Payment is required prior to approval and dating of the Plan of Survey.

2. Condition 2 be amended to read as follows: All external stormwater from the property shall be directed to a lawful point of discharge being Panguna Street and Aropa Street, such that it does not adversely affect surrounding properties or properties downstream from the development, to the requirements and satisfaction of the Chief Executive Officer.

3. Condition 3 be deleted.

4. All other conditions of Development Permit 8/13/478 dated 2 April 2004 remain unchanged and renumbered accordingly to reflect the inclusion of the above conditions.

carried

34. RESPONSE TO DEPARTMENT OF TOURISM, FAIR TRADING AND WINE INDUSTRY DEVELOPMENT – LIQUOR LICENSING DIVISION – NEW APPLICATIONS 323

Rohan Lee: 8/20/6-03: #799451 GILL / BLAKE

That the applicant and the Liquor Licensing Division be advised for the following comments:

1. Oasis Kebab, 83 Esplanade, Cairns

Council has no objections to the proposed On Premises (Meals) Licence for Oasis Kebab, located at 83 Esplanade, Cairns and described as Lot 2 on RP857679, Parish of Cairns.

Council requires that a Management Plan for Responsible Sale and Service of Alcohol be submitted prior to any Liquor Licence being granted for the premises.

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2. Coffee Haven Café, 139 Williams Esplanade, Palm Cove

Council has no objections to the proposed On Premises (Meals) Licence for Coffee Haven Café, located at 139 Williams Esplanade, Palm Cove and described as Lot 4 on PLN132058, Parish of Smithfield.

3. Sportsworld Fitness Centre, 268 Gatton Street, Manunda

Council has no objections to the proposed Annual Adult Entertainment Permit for Sportsworld Fitness Centre located at 268 Gatton Street, Manunda and described as Lot 0 on PLN70120, Parish of Cairns.

4. Club International Nightclub, 17-41 Abbott Street, Cairns

Council has no objections to the proposed Annual Adult Entertainment Permit for The Club International Nightclub located at 17-41 Abbott Street, Cairns and described as Lot 11 on RP743265, Parish of Cairns.

5. The Northern Greenhouse (Friendly Backpackers) 86-98 Sheridan Street, Cairns

Council does not intend to lodge an appeal against the decision of the Liquor Licensing Division to grant a General Liquor License and Extended Hours Permit for The Northern Greenhouse (Friendly Backpackers) located at 86-98 Sheridan Street and described as Lot 1 on RP729138, Parish of Cairns.

Council requests strict enforcement of the conditions of the approval, especially conditions relating to the provision of Security from 12 midnight until all patrons have left the vicinity of the premises.

carried

35. EXTRACTIVE INDUSTRY PERMIT - MR NORMAN WEBSTER - GREER ROAD, MIRIWINNI 343

Mark Dillon : 13/16/1-01 : #782985 GREGORY / PEZZUTTI

1. That Council issue a new extractive industry permit designated as number 54256-13-5 under Local Law 13 to replace expired permit number 54256c.

2. That the permit conditions be based on the conditions of the previous permit but reformatted to reflect contemporary terminology.

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3. That the road maintenance contribution rate is that which is current at the time of payment, as per Council’s Schedule of Fees and Charges for material removed from the site.

4. That Council waive the application fees required for a new permit and accept the renewal fee as acceptable payment for this application.

carried

36. FEES & CHARGES FOR BUILDING SERVICES AND ENVIRONMENTAL PROTECTION UNIT 357

Laurie Phipps : 18/25/1-05: #800778 BLAKE / FORD

Council set Fees & Charges for Building Services as shown in Appendix 1 and Environmental Protection Unit as shown in Appendix 2.

carried

37. LOCAL GOVERNMENT RANGERS ASSOCIATION CONFERENCE – 11 & 12 MARCH 2005 359

Laurie Phipps : 18/25/1-05 : #785466 GREGORY / LINDSAY

Council host the Local Government Rangers Association Conference on 12 March 2005 and sponsor the Conference to the value of $3,000-00.

carried

38. ACTION TO BE TAKEN TO IMPLEMENT PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL APPEARANCE SERVICES) ACT 2003 367

Laurie Phipps : 18/25/1-05: #803772 Withdrawn at the Officers request.

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39. HOUSE REMOVAL APPLICATION FROM MOURILYAN HARBOUR TO LOT 57 RP 730249, MARGO STREET, YORKEYS KNOB 396

Laurie Phipps : 12/2/2-10 : #800218 COCHRANE / BONNEAU

That Council approve the application for the relocation of a dwelling from Mourilyan Harbour to Lot 57 RP 730249, 10 Margo Street, Yorkeys Knob subject to the following conditions:

1. A permit is to be obtained from the Police Department.

2. A permit is to be obtained from the Main Roads Department with respect to any roads under its control.

3. A permit is to be obtained from Telstra with respect to any overhead telephone lines or any cables which may be crossed.

4. A permit is to be obtained from Ergon Energy so far as any electricity lines are concerned.

5. So far as the roads and streets within the Cairns Local Government area are concerned, where these are under the control of the Council, conditions are:

a. Any damage to the pavement, the shoulders of any road, the water table or any kerbing and channelling or part of the footpath is to be made good and fully replaced to the complete satisfaction of the Chief Executive Officer.

b. Any water main or house connection services which may be damaged or interfered with are to be fully replaced to the satisfaction of the Chief Executive Officer.

c. Any reinstatement of road shoulders must be in gravel, with the material being approved by the Chief Executive Officer.

d. No trees shall be lopped or otherwise interfered with in any way whatsoever.

e. Any street signs or other work under it’s control of Council which may be damaged as result of the transport of the said structure must be repaired or replaced to the satisfaction of the Chief Executive Officer.

6. A development approval must be obtained.

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7. A security deposit of $15,100 is to be lodged with Council before the development permit is issued.

8. A plumbing permit is to be obtained.

9. A signed public indemnity form is to be submitted with a subsequent development application.

10. The building work must be completed within 6 months of the development approval being issued.

11. The roof sheeting to be assessed after relocation.

12. The external wall sheeting be painted.

13. Engineers certification on the integrity of the timber and structure to be obtained and submitted as part of the development approval.

carried

40. HOUSE REMOVAL APPLICATION FROM LOT 4 RP 701147, 6 JAMES STREET, CAIRNS NORTH TO LOT 4 OF LOT 1 RP 733156, 315-321 KAMERUNGA ROAD, FRESHWATER 408

Laurie Phipps : 12/2/2-10 : #791903 BLAKE / GILL

That Council approve the application for the relocation of a dwelling from Lot 4 RP 701147 6 James Street, Cairns North to Lot 4 of Lot 1 RP 733156, 315-321 Kamerunga Road, Freshwater subject to the following conditions:






111







6. Advice must be sought from any referral agencies (eg: D.M.R)


8. A security deposit of $15,100 is to be lodged with Council before the development permit is issued and a copy of receipt is to be lodged with the building application.







15. An Amenity & Aesthetics application is to be lodged prior to building application.

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16. Energy and efficiency evaluation report must accompany the building application.

carried

41. HOUSE REMOVAL APPLICATION FROM LOT 1 RP710791, 157-161 MARTYN STREET, MANUNDA TO LOT 3 RP 733156, 315-321 KAMERUNGA ROAD, FRESHWATER 417

Laurie Phipps : 12/2/2-10 : #791716 BLAKE / FORD

That Council approve the application for the relocation of a dwelling from Lot 1 RP 710791, 157-161 Martyn Street, Manunda to Lot 3 RP 733156, 315-321 Kamerunga Road, Freshwater subject to the following conditions:











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carried

42. HOUSE REMOVAL APPLICATION FROM LOT 29 RP 712791, 38 DILLON STREET, BUNGALOW TO LOT 2 OF LOT 1 RP 733156, 315-321 KAMERUNGA ROAD, FRESHWATER 427

Laurie Phipps : 12/2/2-10 : #791855 BLAKE / FORD

That Council approve the application for the relocation of a dwelling from Lot 29 RP 712791, 38 Dillon Street, Lot 2 of Lot 1 RP 733156, 315-321 Kamerunga Road, Freshwater subject to the following conditions:



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115





carried

43. SIGNAGE APPLICATION – FASCIA ADVERTISEMENT – THE GOOD GUYS, 279-285 MULGRAVE ROAD, BUNGALOW BEING LOT 2 ON SP162391, PARISH OF CAIRNS 437

J Wright : 8/1/1: #801075 PLATH / BLAKE

That Council approve the application for the exhibition of fascia advertisements subject to the following conditions:

1. The advertisement is generally exhibited in accordance with the details submitted in the application from Chris Sinicco dated 10 May 2004.

2. The advertisement must display the street number of the premises.

carried

44. SIGNAGE APPLICATION – FASCIA ADVERTISEMENT – OCEAN WILD WHOLESALE SEAFOOD MARKET – 379 SHERIDAN STREET, LOT 1 ON RP701209 441

J Wright : 8/1/1: #800980 GILL / PLATH

That Council approve the application for the exhibition of fascia advertisements subject to the following conditions:

1. The advertisement is generally exhibited in accordance with the details submitted in the application from Helen Corbett dated 10 May 2004.

2. The advertisement must display the street number of the premises.

carried

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45. REVIEW OF COUNCIL’S DECISION TO REFUSE AN APPLICATION FOR APPROVAL TO EXHIBIT MULTIPLE ADVERTISEMENT – REDLYNCH VALLEY ESTATE – CORNER REDLYNCH INTAKE ROAD AND MARY PARKER DRIVE 445

G Brazier : 8/1/1: #800381 SHEPPARD / BONNEAU

That consideration of this application be deferred for further consideration.

carried

46. COMPENSATION CLAIMS & APPEALS – MAY 2004 449

Nikki Huddy: 1/59/2-01 : #536015 V22 BLAKE / FORD

That the report on the Compensation Claims & Appeals for May 2004 be noted.

carried

47. CITY DEVELOPMENT – MAY 2004 MONTHLY REPORT 457

Peter Tabulo : SDS : 1/3/83 #658824V11 JAMES / FORD

That the report on the City Development May 2004 Monthly Report be noted.

carried

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48. MATERIAL CHANGE OF USE (CODE ASSESSMENT) - DISPLAY HOME - 113 ARLINGTON ESPLANADE, CLIFTON BEACH - DIVISION 11 488

Jenny Elphinstone: 8/7/138-01:#802929 BONNEAU / SHEPPARD

That Council issue a Development Permit for a Material Change of Use (Code Assessment) for the development of Display Home on land at 113 Arlington Esplanade, Clifton Beach more particularly described as Lot 22 on RP712039 subject to the following conditions:



a. The approved plan attached Drawings 3628 WD.03 Revision 3 dated 17 May 2004 and WD.04 Revision 1 dated 17 May 2004 by SJB, Southbank;




Timing of Effect


Currency For Period After Approval

3. The use authorised by this development permit must cease at the expiration of eighteen (18) months from the day this development permit is acted upon whereby the use is commenced.

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4. The parking layout must be designed in accordance with Australian Standard AS2890.1 1993 Parking Facilities – off-street car parking. In particular:

a. Where pedestrian access is located between a parking space and the adjacent stairwell, a minimum clear pedestrian trafficable width of two (2) metres must be provided;

Such plans must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Parking Construction

5. The parking must be constructed in accordance with Council's Development Manual specifications prior to commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Building Design

6. The design of the proposed buildings must be revised to incorporate a more appropriate side elevation to the north elevation of the proposed front balcony which does not include an expansive solid wall but more reflective of the open design as originally submitted with the application.

The details must be indicated on plans submitted at the time of a development application for a Development Permit for Building Work and endorsed by the Chief Executive Officer prior to issue of a Development Permit Building Work.


7. Two (2) car spaces must be provided on site, one of which must be made available for visitors to the site.

Parking Signage

8. The applicant/owner must erect a sign at the Arlington Esplanade entrance to the development site to the satisfaction of the Chief Executive Officer, advising of the location of the off-street parking area. Details of the sign(s) must be submitted to and endorsed by the Chief Executive Officer and the sign must be erected prior to the commencement of the use.

119


Hours of Operation

9. The use hereby permitted can only be operated on the site between the following hours:

Mondays to Fridays: 8.00 am to 6.00pm

Saturdays: 9.00 am to 5.00 pm, and

Sundays and Public Holidays: 10.00 am to 5.00 pm

The use cannot be operated on Anzac Day, Christmas Day, New Years Good Friday Day or Easter Sunday.

Water Saving

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



a. Construct a 2.0 metre wide concrete footpath to the full frontage of the property;

b. Construct a concrete apron between the driveway and the vehicle kerb crossing; and

c. Extend, resurface and line mark the parallel vehicle car parking spaces on the east side of Arlington esplanade, opposite the subject land, within the existing indented parking areas, to provide for four spaces.

Three (3) copies of a plan of the works must be submitted at the time of lodgement for a Development Permit for Building Work and must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work. All work must be designed and constructed to Council’s standard. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of use.

Advertising Signage


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ADVICE





carried

49. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - ACCOMMODATION UNITS (MEDIUM DENSITY) - 110-112 AND 114 COLLINS AVENUE, EDGE HILL - DIVISION 8 504

Jenny Elphinstone 8/8/587-01:#781910 FORD / BLAKE

A. That Council resolve that the development of Accommodation Units on land at 110-114 Collins Avenue, Edge Hill, more particularly described as Lot 1 on RP726573 and Lot 1 on RP711185 with a maximum site coverage of 39% is acceptable in planning grounds.

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B. That Council resolve that in accordance with Division 3 - Section 48 of the Standard Building Regulation (1993) permit the siting of the proposed Accommodation Units on land at 110-114 Collins Avenue, Edge Hill, more particularly described as Lot 1 on RP726573 and Lot 1 on RP711185 as detailed on: Drawings 0408, Location for Surrounding Building, Dated March 2004; Drawings 0408/1, Site & Floor Plans and Elevations, Dated March 2004; Drawings 0408/2, Site Plan Showing Landscaping, Dated March 2004; and Drawings 0408/2, Site Plan Showing Site Coverage, Dated March 2004 by Tony Driscoll – Designer For The Tropics, is found acceptable

C. That Council issue a Development Permit for a Material Change of Use (Impact Assessment) for the development of Accommodation Units (Medium Density) and Shops on land at 110-114 Collins Avenue, Edge Hill, more particularly described as Lot 1 on RP726573 and Lot 1 on RP711185 subject to the following conditions:



a. The approved plan attached (Drawings 0408, Location for Surrounding Building, Dated March 2004; Drawings 0408/1, Site & Floor Plans and Elevations, Dated March 2004; Drawings 0408/2, Site Plan Showing Landscaping, Dated March 2004; and Drawings 0408/2, Site Plan Showing Site Coverage, Dated March 2004 by Tony Driscoll – Designer For The Tropics);




Timing of Effect


122



3. The amount of vehicle parking must be as specified in Council's Planning Scheme which is 18 spaces of which 2 spaces must be made available to the public in association with the use of the Shops.

Parking Signage

4. The applicant/owner must erect a sign at the Collins Avenue entrance to the development site to the satisfaction of the Chief Executive Officer, advising of the location of the off-street parking area and access thereto. Details of the sign(s) must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. The sign(s) must be erected prior to the commencement of the use.

Landscaping


a. The replacement of car space 1 (as specified on Drawings 0408/1 dated March 2004 by Tony Driscoll – Designer For The Tropics) with low height landscaping.



Building Design

6. The design of the proposed development must be revised to incorporate the following features:

a. A refuse bin enclosure area; and

b. The location of letterboxes for the residential units at the front of the site.

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c. An awning to the most eastern shop incorporated into the design of the building architecture, that extends over width of the adjacent foothpath to within 1m of the kerb face and the incorporation of awnings extending from the remaining two shop buildings to a similar width to achieve an overall appearance acceptable to the Chief Executive Officer.

The details must be indicated on plans submitted at the time of a Development application for Building Work and endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

Trade Waste

7. The refuse bin enclosure must be roofed and bunded and fitted with a bucket trap. The vehicle wash bay must be roofed and bunded and waste water discharged through a 550 litre triple interceptor to sewer or as agreed to by the Chief Executive Officer.

Water Saving

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

Construction Works

9. The applicant/owner must ensure that on completion of any on-site construction works the subject land is maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer.

Amalgamation Required

10. The applicant/owner is responsible for the reconfiguration (amalgamation) of Lot 1 on RP726573 and Lot 1 on RP711185 into one lot. The Plan of Survey must be registered with the Department of Natural Resources, Mines and Energy at the applicant's/owner's cost prior to the commencement of use.

Minimum Fill and Habitable Floor Levels: CBD and Environs Area

11. All habitable floor levels in all buildings must be located 300 mm above the Q100 flood immunity level, in accordance with Development Manual and Planning Scheme requirements.

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12. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge being Collins Avenue 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.



a. Remove any damaged sections existing footpath to frontage of subject land, in particular the existing concrete infill sections and replace with concrete in accordance with Council Standards;

d. Replace any existing kerb and channel at the frontage of the subject land, in accordance with Standard Drawing S1000;

e. Provision of a commercial concrete crossover(s) and apron(s) in accordance with Standard Drawing S1015;

f. Erect any required traffic and parking signage outside the subject land (and/or adjacent properties); and

g. Any damage, removal, reinstatement required to Council assets shall be repaired at no cost to Council.

Three (3) copies of a plan of the works must be submitted at the time of lodgement for a Development Permit for Building Work and must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of use.

Building Over Sewer

14. The applicant must either:

a. Relocate the existing sewer or site the proposed building such that the sewer is a minimum of 1.5 metres away from the building and clear of the zone of influence from the footings and foundations of any building/structure; or

125


b. Replace the existing sewer main under or within 1.5 metres of the building and within the zone of influence of the footings and foundations with uPVC sewer pipe class SEH.

All the above sewer works must be designed and constructed in accordance with Council's Development Manual and the building footings must be designed so as not to place any load on the sewer. The details of the building footings adjacent to the sewer must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.



Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.





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



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ADVICE



3. 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 is received and that the relevant emergency telephone contacts are provided to Council Officers, prior to the commencement of works.



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carried CLOSED SESSION BLAKE / BONNEAU COUNCIL RESOLVE INTO CLOSED SESSION TO DISCUSS CERTAIN MATTERS FOR THE REASONS LISTED IN THE AGENDA AND NOTED ON THE RESOLUTIONS SUBSEQUENTLY RECORDED. carried OUT OF CLOSED SESSION COUNCIL RESOLVE TO MOVE OUT OF CLOSED SESSION BLAKE / BONNEAU RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

1. PREJUDICIAL MATTER – COMPENSATION FOR ACQUISITION OF LAND FROM ATSIC (WARRAMA) 1

L. Shepherd:19/8/2-05: #786357 BONNEAU / BLAKE

That Council:

1. Authorise the Chief Executive Officer to instruct MacDonnells to prepare and lodge the necessary claim in the Land Court for resolution of the amount of compensation to be paid and to pay $275,000 (ex GST) in advance into the Supreme Court with the view to reducing a potential bill for interest.

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2. Make this report available to the public after the full payment for compensation has been finalised.

carried

GENERAL BUSINESS IN CLOSED SESSION

1. STONEY CREEK ROAD – CHINESE CULTURAL CENTRE SHEPPARD / BONNEAU

1. That Council agrees to accept trusteeship of the portion of State Government land located at the corner of Stoney Creek Road for the purpose of the development of a Chinese Cultural Centre.

2. That negotiations regarding the lease arrangements be commenced with the Cairns & District Chinese Association Incorporated (CADCAI).

3. That a status report on the land be prepared that identifies any possible contamination of the site.

4. Should any contamination of the site exist that a financial contribution be negotiated from the Department of Natural Resources for remediation.

carried THE MEETING CLOSED AT 6.55 pm. CONFIRMED THIS DAY OF 2004 ………………………… ………………………………………. MAYOR CHIEF EXECUTIVE OFFICER

cairns city council minutes planning & environment

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