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CAIRNS CITY COUNCIL

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE

16 OCTOBER 2003

TABLE OF CONTENTS

1. JOINT LEASE – EDGE HILL SAINTS & EDGE HILL JUNIOR SOCCER CLUB AND AFL CAIRNS JUNIORS OVER PART OF LOT 4 ON CP903792 (2-44 BEHAN STREET, MANUNDA) – DIV. 6 .......................................................1

Allan Simpson : 19/3/3-47: #700927

2. TEMPORARY ROAD CLOSURE – PART OF WILLIAMS ESPLANDE, PALM COVE – APPLICANT: PARADISE VILLAGE RESORT – DIV. 12..............4

Allan Simpson : 15/14/2-10: #698399

3. APPLICATION TO PURCHASE A SECTION OF UNFORMED ROAD BETWEEN CINDERELLA STREET AND O’SHEA ESPLANADE, MACHANS BEACH – APPLICANT: NICHOLAS MASON – DIV. 10...................18

Allan Simpson : 19/3/3-47: #698223

4. RENEWAL AND CONVERSION OF TERM LEASE 0/209805 – LOT 32 ON PLAN NR7304 (BRUCE HIGHWAY, WRIGHTS CREEK) – LESSEE: BARBARA MARY LANGTREEE – DIV. 2............................................................22

Allan Simpson : 19/3/3-47: #698216

5. BOARD MEMBERSHIP – NORTH QUEENSLAND SPORTS FOUNDATION.....26 David Farmer:jel : 1/3/37-07: #701159

6. PROPOSED LOCAL LAW: CONTROL OF POSSESSION AND CONSUMPTION OF INTOXICATING LIQUOR IN PUBLIC PLACES .................29

Linda Kirchner: 1/11/2-10 : #701585

7. CRIME PREVENTION CONFERENCE – COMMUNITY SAFETY AND WELL-BEING .......................................................................................................43

Lisa Scott LMS : 10/21/3-15: #700676

8. HOUSE RELOCATION APPLICATION FROM 152 MULGRAVE ROAD, WESTCOURT TO 28 EARL STREET, WESTCOURT – DIVISION 5...................46

Laurie Phipps : 12/2/2-10: #700556

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9. HOUSE RELOCATION APPLICATION FROM 33 JOHNSTON STREET, STRATFORD TO PROPOSED LOT 2 ON SP146424 (UPWARD STREET) FORMERLY 31-33 (LOT 1 & 2 ON RP701358) ARCHIE STREET, PARRAMATTA PARK – DIVISION 6 ...................................................................55

Laurie Phipps : 12/2/2-10 :#697753v2

10. RESPONSE TO DEPARTMENT OF TOURISM, RACING AND FAIR TRADING – LIQUOR LICENSING DIVISION – LIQUOR LICENCE APPLICATIONS – OUTRIGGER BEACH CLUB & SPA – LA PIZZA CAIRNS – THE ROCK TAVERN CAIRNS – TROPO’S NON STOP ROCK CAIRNS...............................63

Anna Cronin: 8/20/6-02: #700582

11. REQUEST TO DELETE A CONDITION OF AN EXISTING APPROVAL, 23 VASEY ESPLANADE, TRINITY BEACH. - DIVISION 11.....................................87

Nikki Huddy: 8/30/9: #694032

12. REQUEST TO CHANGE DEVELOPMENT APPROVAL – VEHICLE REP AIR STATION & CAR WASH – 71-73 BRUCE HIGHWAY, EDMONTON – DIVISION 2 ...........................................................................................................91

Neil Beck: 8/8/436-01 : #695700

13. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – BOARDING HOUSE (MEDIUM DENSITY) – 291 DRAPER STREET, CAIRNS CITY – DIVISION 6 ...........................................................................................................97

Kym Watton: 8/8/440-01 : #678985

14. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – HOSTEL (HIGH DENSITY), HOTEL & ANCILLARY COMMERCIAL FACILITIES – 86-98 SHERIDAN STREET, CAIRNS CITY – DIVISION 6...........................................109

Neil Beck 8/8/495-01 #695667

15. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – TEMPORARY PASSENGER TERMINAL – 86-98 SHERIDAN STREET, CAIRNS CITY – DIVISION 6 .........................................................................................................134

Anna Cronin: 8/8/484-01: #657866v2

16. MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – DUAL OCCUPANCY – 8 HIBISCUS LANE, HOLLOWAYS BEACH – DIVISION 10 ........................................................................................................................154

Kym Watton: 8/8/490-01 : #681853

17. RECONFIGURING A LOT – CREATION OF AN ACCESS EASEMENT – BUTTIGIEG ROAD, EAST RUSSELL – DIVISION 1 .........................................170

Peter Boyd: 8/13/660-01 : #694831

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18. RECONFIGURING A LOT (BOUNDARY REALIGNMENT) – GILLIES HIGHWAY, LITTLE MULGRAVE – DIVISION 1.................................................175

Peter Boyd: 8/13/658 : #694257

19. RECONFIGURING A LOT (1 LOTS INTO 9 LOTS) – 900 ILLAWARRA STREET, CARAVONICA – DIVISION 12 ...........................................................181

Peter Boyd: 8/13/617 : #696912

20. RECONFIGURING A LOT (1 LOTS INTO 12 LOTS) – 447 VARLEY STREET, YORKEYS KNOB – DIVISION 10 ......................................................189

Peter Boyd: 8/13/649 : #696867

21. RECONFIGURING A LOT – CREATION OF AN ACCESS EASEMENT - 97-99 SCOTT STREET, BUNGALOW – DIVISION 5.........................................199

Neil Beck: 8/13/662-01 : #695718

22. RECONFIGURATION OF A LOT (1 LOT INTO 2 LOTS) LOT 50 PANGUNA STREET, TRINITY BEACH – DIVISION 12........................................................203

Kym Watton: 8/13/623-01 : #678937

23. NEGOTIATED DECISION ADVICE -MATERIAL CHANGE OF USE FOR DWELLING HOUSES, DUAL OCCUPANCIES, MULTIPLE DWELLINGS, HOLIDAY APARTMENTS, AND SHOPS, AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (5 LOTS INTO 58 LOTS) - 22-24 TRINITY BEACH ROAD AND 99 MOORE STREET, TRINITY BEACH – DIVISION 11 .......................................................................................................211

Allisen Wright: 8/30/26 : #671915

24. NEGOTIATED DECISION FOR RECONFIGURING A LOT (BOUNDARY REALIGNMENT) – 379-401 SPENCE STREET & 308-314 HARTLEY STREET, BUNGALOW – DIVISION 5................................................................240

Anna Cronin: 8/13/607-01: #695882

25. COMPENSATION CLAIMS & APPEALS – SEPTEMBER 2003........................247 Nikki Huddy: 1/59/2-01 : #536015 V13

26. CITY DEVELOPMENT – SEPTEMBER 2003 MONTHLY REPORT ..................256 Peter Tabulo : SDS : 1/3/83 #658824V3

Agenda – Planning, Development & Community Services Committee 16/10/03 - #701787

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16 OCTOBER 2003

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JOINT LEASE – EDGE HILL SAINTS & EDGE HILL JUNIOR SOCCER CLUB AND AFL CAIRNS JUNIORS OVER PART OF LOT 4 ON CP903792 (2-44 BEHAN STREET, MANUNDA) – DIV. 6 Allan Simpson : 19/3/3-47: #700927

RECOMMENDATION:

That Council approve the lease to Edge Hill Junior Soccer Club Inc. and Edge Hill Saints Soccer Club Inc. and AFL Cairns Juniors for the purpose of training fields, as resolved at its meeting of 14th August 2003 should have been over the whole of Lot 4 on CP903792 (2-44 Behan Street, Manunda) and not part (11,700m²) of the lot.

INTRODUCTION: Edge Hill Saints and Edge Hill Junior Soccer Club Inc. and AFL Cairns Juniors Inc., have applied for a lease over the whole of Lot 4 on RP903792 (2-44 Behan Street, Manunda).

BACKGROUND: Council at its meeting of 14th August 2003 resolved to offer a lease to Edge Hill Junior Soccer Club Inc., Edge Hill Saints Soccer Club Inc. and AFL Cairns Juniors Inc., over part (11,700m²) of Lot 4 on CP903792. The lease of part (11,700m²) of the land had originally been offered to the Soccer Clubs however the report regarding the joint lease arrangement of the 14th August 2003 meeting inadvertently offered a lease over part, when it should have been over the whole of the land. Lot 4 on CP903792 is a Reserve for Sport and Recreation held in trust by Council from the Crown, with an area of 32,560m².

COMMENT: Precincts & Facilities Precincts and Facilities supports the proposed joint lease which ensures that the land is more effectively used for its intended purpose of sport and recreation, and enhances its community benefit.


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CONSIDERATIONS: Statutory: The lease will be in accordance with the requirements of the Land Act 1994. Social: The proposed lease will see the area being utilised for its intended community purpose of sport and recreation.

CONSULTATION: As per the comment section of this report, including consultation with all of the respective Clubs.

OPTIONS: 1. Council to approve the lease over the whole of the land thereby utilising it more

effectively for its intended purpose of Sport and Recreation. 2. Council to not approve the lease over the whole of the land and only consent to

the lease of part, which would not be an effective use of the land, and the intent of Council’s Sport and Recreation Strategic Plan.

CONCLUSION: That Council concur with the recommendation subject of this report.

ATTACHMENTS: 1. Plan of proposed lease area. Allan Simpson Administration Officer Linda Kirchner Jo-Anne Scarini Manager Legal & Administration General Manager Corporate Services


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Lot 4 CP903792


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PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE MEETING

16 OCTOBER 2003

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TEMPORARY ROAD CLOSURE – PART OF WILLIAMS ESPLANDE, PALM COVE – APPLICANT: PARADISE VILLAGE RESORT – DIV. 12 Allan Simpson : 15/14/2-10: #698399

RECOMMENDATION:

That Council advise Power Graham and Dempsey on behalf of Paradise Village Resort that it will support the lodgement of an application for temporary road closure over part of Williams Esplanade, Palm Cove, to formalise tenure for on-street works, subject to: The modification of the design in regard to the post located in the proposed

pedestrian walkway to comply with Australian Standard AS 1428.1 (Clause 5) to allow for a minimum path of travel of 1000mm for external access, and

The provision of a pram crossing in the vicinity of Crayota Close to the

satisfaction of Council’s General Manager City Works and Services.

INTRODUCTION: Power Graham and Dempsey Pty Ltd on behalf of Paradise Village Resort as the result of discussions involving the Divisional Councillor and relevant Council officers are seeking Council’s support to the lodgement of an application for a temporary road closure over part of Williams Esplanade, Palm Cove, to formalise tenure over existing and proposed on-street works.

BACKGROUND: The application proposes to formalise existing tenure previously approved by Council by way of an Outdoor Dining Permit issued in August 2000. In order to provide safe and unrestricted access for pedestrians the existing works are to be modified in accordance with attachment 1, and formal tenure will need to be dealt with by the Department of Natural Resources and Mines in accordance with the requirements of the Land Act 1994.


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COMMENT: City Assessment The following comments are provided in relation to the proposal to temporarily close part of the footpath on Williams Esplanade, Palm Cove. Being part of an existing gazetted road, the subject land is unzoned under the Planning Scheme for the Balance of the City of Cairns. The Strategic Plan indicates that the Preferred Dominant Land Use is Urban. The purpose of the latest arrangement of structures and decks on the footpath is to ensure continuous pedestrian and wheelchair access is available past the site on the Williams Esplanade frontage. This objective is not achieved by the arrangement shown on the latest design. The post supporting the eastern most edge of the roof over the footpath would obstruct wheelchair access. Australian Standard AS1428.1 – Clause 5 requires a minimum width for a path of travel of 1000mm for external access. City Assessment does not support the proposal in this format and advise that as a minimum the design of the proposed pedestrian walkway must be modified to comply with AS1428.1 for wheelchair access, before the application is forwarded to the Department of Natural Resources and Mines. Infrastructure Management Infrastructure Management has concerns regarding the matter of the existing steel post in the middle of the footpath restricting access and a pram crossing should be included in the vicinity of Crayota Close near the corner of Williams Esplanade. Environmental Assessment Environmental Assessment has no concerns and the ‘new’ proposal is a positive solution. Cairns Water Cairns Water has neither concerns nor comment.

CONSIDERATIONS:

Statutory: The Department of Natural Resources and Mines will deal with the application in accordance with the requirements of the Land Act 1994. Financial: The application for a temporary road closure will be done at no cost to Council.


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Social: The proposal subject to modification (relocation of post and installation of a pram crossing) will enhance pedestrian movements.

CONSULTATION: As per the comment section of this report.

OPTIONS: 1. That Council accept the current proposal and support the submission of the

application to the Department of Natural Resources and Mines without modification.

2. That Council advise the applicant that it will only support the application subject to

modification of the design in regard to an existing post to conform with the relevant Australian Standard and the installation of a pram crossing.


ATTACHMENTS: 1. Plan of proposed area of temporary closure. 2. Letter from Power Graham & Dempsey. Allan Simpson Administration Officer Linda Kirchner Manager Legal & Administration Jo-Anne Scarini General Manager Corporate Services


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Attachment 2


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16 OCTOBER 2003

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APPLICATION TO PURCHASE A SECTION OF UNFORMED ROAD BETWEEN CINDERELLA STREET AND O’SHEA ESPLANADE, MACHANS BEACH – APPLICANT: NICHOLAS MASON – DIV. 10 Allan Simpson : 19/3/3-47: #698223

RECOMMENDATION:

That Council advise Nicholas Mason that it objects to any proposed purchase of the unformed road between Cinderella Street and O’Shea Esplanade, Machans Beach, as the land is required for Council maintenance and public access requirements. Furthermore Council advise the Department of Natural Resources and Mines of its decision in this regard.

INTRODUCTION: Mr. Nicholas Mason has applied to Council with regard to the purchase of an area of unformed road between Cinderella Street and O’Shea Esplanade, Machans Beach.

BACKGROUND: The subject area is unformed road between Cinderella Street and O’Shea Esplanade, Machans Beach, owned by the Crown represented by the Department of Natural Resources and Mines, with an approximate area of 600m².

COMMENT: Cairns Water Cairns Water has no specific requirements, but has concerns regarding any restriction on public access to the beach. Precincts & Facilities The sale of this area is not supported, as it should be retained for access and amenity reasons.


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City Assessment The following comments are provided in relation to the application to purchase a portion of unconstructed roadway between Cinderella Street and O’Shea Esplanade in Machans Beach. The subject land, being a roadway, is unzoned but is designated Urban under the Strategic Plan for the Balance of the City of Cairns. O’Shea Esplanade has been severely affected by erosion and 28 allotments in Cinderella Street are separated into three blocks separated by 20m access ways from Cinderella Street to O’Shea Esplanade. These provide access for foreshore protection should this be necessary. If this section of roadway were closed this would increase the distance between the nearest access permits to 330m. There are no truncations on the allotments adjoining the subject land and from the lot numbers it would seem this was originally Lot 23 on RP712875, which was considered necessary for access purposes and deleted. This land is currently used for pedestrian access to the foreshore and Cairns Works plan to construct a pram/wheelchair crossing to facilitate its use for this purpose in the near future. City Assessment considers that the subject land serves a useful purpose for public access to the foreshore and Council access for maintenance of the rock wall along O’Shea Esplanade. The sale of this land is therefore not supported. Infrastructure Management Infrastructure Management does not support the sale of this area, as it will be required for works and maintenance access to the beach.

CONSIDERATIONS: Statutory: The Department of Natural Resources and Mines will undertake any dealings with the subject land in accordance with the requirements of the Land Act 1994. All other considerations were reviewed and deemed not applicable.

CONSULTATION:

As per the comment section of this report.


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OPTIONS: 1. That Council concur with the recommendation, as the subject land is required for

access purposes by both Council and the public. 2. That Council advise that it has no objection to the sale of the subject land.


ATTACHMENTS: Latitude plan of subject area. Allan Simpson Administration Officer Linda Kirchner Manager Legal & Administration Jo-Anne Scarini General Manager Corporate Services


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Area subject of request


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16 OCTOBER 2003

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RENEWAL AND CONVERSION OF TERM LEASE 0/209805 – LOT 32 ON PLAN NR7304 (BRUCE HIGHWAY, WRIGHTS CREEK) – LESSEE: BARBARA MARY LANGTREEE – DIV. 2 Allan Simpson : 19/3/3-47: #698216

RECOMMENDATION:

That Council advise the Department of Natural Resources and Mines that it would have no objection to either the renewal or conversion of Term Lease 0/209805 over Lot 32 on NR7304 (Bruce Highway, Wrights Creek) by Barbara Mary Langtree, subject to the requirements of the Department of Main Roads.

INTRODUCTION: The Department of Natural Resources and Mines is seeking Council’s views and/or requirements in regard to the renewal or conversion of Term Lease 0/209805 over Lot 32 on NR7304 (Bruce Highway, Wrights Creek) by Barbara Mary Langtree.

BACKGROUND: Term Lease 0/209805 over Lot 32 on NR7304 (area .529 ha) commenced on 21st October 1997 for a term of seven (7) years for residential purposes, including kennels.

COMMENT: Cairns Water Cairns Water has neither comment nor requirements. Precincts & Facilities Precincts and Facilities have no objection to either the renewal or conversion of the Term Lease. City Assessment The subject land is zoned Rural under the Planning Scheme for the Balance of the City of Cairns, and is designated Rural as the Preferred Dominant Land Use in the Strategic Plan.


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The intended use of the land is residential. Though the land is zoned Rural, as the total area is only 5290m², it is considered its use for residential purposes is allowable. The proximity of the site to the Cairns-Townsville railway line and the Bruce Highway would seriously affect the amenity of the site, but the applicant must know this as she has occupied the land for the past six years. City Assessment raises no objection to the renewal or conversion of the Term Lease. Infrastructure Management Infrastructure Management’s preferred option is for the renewal of the lease, as the land is strategically placed between the Bruce Highway and the main rail route. The Department of Main Roads have advised the Department of Natural Resources and Mines that it has no objection to a further lease, but for term of no longer than five (5) years.

CONSIDERATIONS: Statutory: The Department of Natural Resources and Mines will deal with the application in accordance with the requirements of the Land Act 1994. All other considerations were reviewed and deemed not applicable.

CONSULTATION: As per the comment section of this report.

OPTIONS: 1. That Council advise it has no objection to either the renewal or conversion of the

Term Lease subject to the requirements of the Department of Main Roads. 2. That Council advise that it objects to the conversion of the Term Lease but would

have no objection to the renewal of the Term Lease for a further term of five (5) years.

3. That Council advise that it objects to either the renewal or conversion of the Term

Lease.



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ATTACHMENTS: Latitude plan of Lot 32 on NR7304. Allan Simpson Administration Officer Linda Kirchner Manager Legal & Administration Jo-Anne Scarini General Manager Corporate Services


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Lot 32 NR7304 – Bruce Highway, Wrights Creek


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16 OCTOBER 2003

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BOARD MEMBERSHIP – NORTH QUEENSLAND SPORTS FOUNDATION David Farmer:jel : 1/3/37-07: #701159

RECOMMENDATION:

That Council consider the request of the North Queensland Sports Foundation that Cr Margaret Cochrane be retained as Council’s representative on the board until after completion of the 2004 Suncorp North Queensland Games at Easter 2004.

INTRODUCTION:

Council has received correspondence from the Chairman of the North Queensland Sports Foundation requesting that Cr Margaret Cochrane be retained as Council’s representative on the Board until after the 2004 Suncorp North Queensland Games, to be held in the Cairns region over Easter 2004.

BACKGROUND:

The North Queensland Sports Foundation draws representation from 30 local government authorities, covering some 699,306 kilometres of North Queensland. Twenty-nine of these local authorities are financial members of the Foundation. The region is defined as all communities, towns and cities to the north and west of Sarina (south of Mackay) in the State of Queensland. Cairns City Council has been a member of the North Queensland Sports Foundation since its inception in 1983 and continues to have representation on the Board. Cr Margaret Cochrane was appointed Council’s representative on the NQ Sports Foundation (previously known as NQ Games Foundation) at Council’s Ordinary Meeting held on 22 May 2000. The Suncorp North Queensland Games, a biennial, rotational event organised by the NQ Sports Foundation, will be held in the Cairns region from 9-12 April 2004. The Suncorp North Queensland Games is the largest regional Games in Australia and gives many thousands of athletes the opportunity to compete in a regional sporting event.


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COMMENT:

The board of the Games has asked that Council consider retaining Cr Cochrane as the Council representative through until the Games which will commence on 9 April 2004. The date of the games is only a couple of weeks after the 2004 Council elections. The board are hopeful that Cr Cochrane, with her intricate understanding of the arrangements to date, will be able to continue in the role up until the completion of the 2004 games. The request is a little unusual in that it seeks to commit Council to nominating a representative post election, however the timing of the games creates this situation.

CONSIDERATIONS:

Financial: There are no financial implications of this decision. Social: The 2004 Suncorp North Queensland Games will see thousands of visitors to the Cairns region from 9-12 April 2004 and provide recreational and social opportunities for a large number of Cairns residents.

CONSULTATION:

Mayor of Cairns, Councillor Kevin Byrne

OPTIONS:

Options available to Council would be to approve Cr Margaret Cochrane being retained as Council’s representative on the Board until after the 2004 Suncorp North Queensland Games, to be held in the Cairns region over Easter 2004, or the status quo remain and representation on the Board be considered at the post-election Council meeting.

CONCLUSION:

Council should determine its position on this matter and respond to North Queensland Sports Foundation accordingly.

ATTACHMENTS:

Letter from North Queensland Sports Foundation D B FARMER Chief Executive Officer


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16 OCTOBER 2003

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PROPOSED LOCAL LAW: CONTROL OF POSSESSION AND CONSUMPTION OF INTOXICATING LIQUOR IN PUBLIC PLACES Linda Kirchner: 1/11/2-10 : #701585

RECOMMENDATION:

That Council take no further action on this draft Local Law.

INTRODUCTION: In March, 2003 Council resolved to proceed with the making of the draft Local Law. Condition 11 in the Minister’s Schedule of Conditions was that:

“Council must conduct additional consultation, above and beyond the requirements of section 868 to 870 of the LGA, with appropriate and relevant stakeholders including community groups and organisations involved in dealing with alcohol abuse and public intoxication, including but not limited to, the Department of Families and regional offices of the Department of Aboriginal and Torres Strait Islander Policy. To ensure compliance with this condition, Council must submit details of the consultation including information on which organisations and groups were included in the consultation process and manner in which the consultation with these groups occurred”.

That consultation has now been completed.

BACKGROUND: An independent consultant was engaged to undertake the consultation. This ensured complete objectivity in the consultation process and in the analysis of the community feedback. City Works and Service’s Public Consultation Officer and staff from Community Development, Precincts and Facilities and Legal and Administration provided background information and contact material to the Consultant. In addition, the standard local law advertisement process was adhered to, press releases were made encouraging participation in the process and information about the local law was posted to Council’s web site.


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COMMENT: CONSULTATION: A database of over 40 organisations including government agencies, community leaders, social and community service organisations, community safety representatives, commercial and tourism interest groups and indigenous groups was compiled and used as the base contact point (see attached list). A discussion paper was pre-circulated to enable informed discussion with these organisations. Public notification of the process was via media releases, press advertisement and information on Council’s web site. Personal follow-up with individuals on the database occurred in the form of both telephone contact and face to face meetings (individual and group). Submissions were provided orally and in writing (including emails). A summary report of the consultation process, issued raised and draft Council response is attached. In overview, the consultation documented the community’s recognition of this problem in the community and in particular the need to have specialist skills in dealing with long term alcoholics. There was support for the Local Law if it was part of a integrated program but there was also a feeling that this was a legitimate police matter and that Council would be mirroring the duties of the police. It is important to note that problems with youth (particularly at the northern beaches) and uninformed tourist behaviour is also a significant issue for the community which must be addressed regardless of whether this local law is adopted. The consultation has identified that for the intent of the Local Law to be fully achieve a number of related tasks should be undertaken by Council:

Developing a comprehensive policy and implementation document to accompany the local law (dealing with selection, training, implementation and operational guidelines etc). The approach foreshadows strong Council networking with other agencies.

Working closely with indigenous groups and probably involving indigenous groups and individuals in implementation.

Supporting State Govt initiatives in the strategic management of alcohol abuse.

Seeking advice from the Anti Discrimination Commission of Queensland. Reviewing monetary penalties for displaced persons and youth. Reviewing the law itself within 2 years of introduction.

PUBLIC COMMENT ARISING FROM THE STANDARD CONSULTATION PROCESS: As noted above, in accordance with the Local Law Guidelines, Council was required to also put a standard advertisement in the local paper seeking comment on the proposed local law. Only one submission was received through this advertisement process. That submission alleges that the draft local law is racist and discriminatory. The majority of the submission is about the social context of the issue rather than the proposed local law itself. The submission is quite emotive but does not in itself constitute a valid reason for rejecting the draft local law as it is not discriminatory.


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COMMUNITY DEVELOPMENT: The Police have increased their numbers of Police Liaison Officers, three of which are funded to work only with the itinerant people of Cairns. These are specially trained individuals skilled in addressing the needs of this specific target group. Many itinerant individuals who are long-term alcoholics will also now have Acquired Brain Injury (ABI). People with ABI can react violently and unpredictably. This is especially relevant when the person is also addicted to a substance and an individual is trying to remove that substance from them. Police have the skills and the power to address this issue. As the Police now have the powers required, it is appropriate that they are the ones responsible for carrying out this activity and the need for a local law is no longer necessary. PRECINCTS AND FACILITIES: Precincts and Facilities have concerns with the ability of the police to be able to enforce alcohol related issues at the esplanade and within city place, primarily due to a lack of resources. On a number of occasions, police have been called to assist in situations, and for reasons out of their control, have been unable to attend in a timely manner. The Esplanade and City Place attract a large number of people and are located within the entertainment precinct of Cairns. Therefore, many alcohol related incidents occur on a regular basis. The issue is not necessarily only associated with the itinerant people of Cairns, but also tourists, residents and visitors. On many occasions, people under the influence of alcohol, and in position of alcohol, frequent the inner city areas behaving in a riotous, disorderly, indecent, offensive, threatening and insulting manner, and usually cause unreasonable disturbance to other users. Precincts and Facilities can appreciate the need for people to bring alcohol to the above mentioned areas, and would not use local law powers to inflict bans on all people. However, the advantages of being able to control situations concerning inappropriate consumption of alcohol would be beneficial to the overall management of the inner city; specifically during special events, and around family orientated areas. Contract security officers are also trained and skilled in this area of enforcement. LEGAL AND ADMINISTRATION: It is important to note that since late last year when this Local Law was first proposed, significant changes have been made to State Legislation and in particular the Police Powers and Responsibilities Act 2000. In the Cairns Post on Saturday 13 September, 2003 the Premier again foreshadowed additional changes which should enhance the Police’s ability to control inappropriate behaviour relating to intoxicating liquor. These changes will see inclusion of methylated spirits and the ability to confiscate unopened containers. Given the recently proposed legislative changes and the results of the consultation program, Council should give consideration as to whether it should proceed with this draft local law at this point in time.


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It should be noted that Council has previously resolved to remove provision 10(2)(b) “the removal of persons”.

CONSIDERATIONS: Statutory: All actions with respect to Local Laws are undertaken in accordance with the Local Government Act 1993. Policy: Either option is in accordance with the Corporate Plan objective of providing customers and the community access to open, accountable decision making in a consistent and congruent manner. Financial: Substantial staff (and security provider) resources may be required to achieve the local law objectives. Social: Council’s goal is to ensure the community’s rights and safety is preserved and protected.

CONSULTATION: An independent Senior Recreational Planner from a reputable Cairns firm has undertaken additional target consultation.

OPTIONS: Council has three options: OPTION 1 Council take no further action on this draft Local Law. OPTION 2: Defer action on this draft Local Law for a period of twelve months to

enable the implementation of the proposed legislative amendments to occur and the success of those changes to be fully assessed.


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OPTION 3: Council resolve to proceed. Should this be the will of the Council it is

important that the following resolutions are made: Council resolves to accept the content of the Consultation Report by Sinclair Knight Merz as being the details of the additional consultation Council was required to undertake in accordance with the conditions of the Minister for Local Government and planning detailed in her letter of the 16 December 2000.

Council resolves to proceed with the making of Control or Possession and Consumption of Intoxicating Liquor in Public Place Local Law 2003 as advertised.

CONCLUSION: This is a complex matter and Council needs to carefully consider the implications of this Local Law on its resources, the impact on community expectations of Council, and the need ensure that the State Government is fulfilling its duty to the people of Cairns.

ATTACHMENTS: Attachment 1: A list of the participants in the Consultation process is attached. Attachment 2: Consultation report. Linda Kirchner Manager Legal and Administration Leslie Sparkes Manager Community Development Tony Duffy Manager Precincts and Facilities Peter Tabulo General Manager City Development


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Attachment 1 List of Telephone Interviews and Meetings

Bob Norman, President, Cairns Chamber of Commerce (telephone interview 27/6/2003

and follow up meeting at SKM on 30/6/2003 with Bob Norman and Sandy Whyte)

Pearse Coleman, CBD Business Association (telephone interview 30/6/2003)

Marie McIntyre, Trinity Beach Promotion Association (telephone interview 1/7/2003)

Allen Benn, Cairns Ratepayers Association (telephone interview 2/7/2003)

Inspector R. Straatemeier, Cairns District Police (telephone interview 2/7/2003)

Harold Nasser, QHA Northern Zone Committee (telephone interview through his son

Michael 2/7/2003)

Craig Cullen and John Rantall, St Vincent de Paul (separate telephone interviews

9/7/2003)

Youth representative meeting at CCC 7/7/2003 (Present: Fiona Norman, CCC Youth

Officer, Kerrie Counihan, Anthony Maunder, Marcus Baetge, Shannon Campbell, YETI;

Margaret Vale, Lifeline YSC; Denise Zell, Commission for Children; Selda Demis, DET)

Alex Whyte, Tourism Palm Cove (telephone interview 9/7/2003)

Colin Donnellan, Security Group 4 (telephone interview 10/72003)

Snr Sgt Tim Nolan, OIC Smithfield Police (telephone interview 11/7/2003)

Snr Constable Paul Stanley, Holloways Beach Police Beat (telephone interview

11/7/2003)

Sgt Brian Kennedy, OIC Police Southern Suburbs, Gordonvale (telephone interview

11/7/2003)

Terry Davidson, Lifeline (telephone interview 14/7/2003)

Tanya Shorey, Coordinator, Youthlink (telephone interview 14/7/2003)

Conrad Yeatman, Deputy Exec Officer, Aboriginal and Islanders Alcohol Relief

Service Ltd (telephone interview 14/7/2003)

Snr Constable George Michael, Manoora and Raintrees Police Beat (telephone

interview 14/7/2003)

Captain Peter Sutcliffe, Salvation Army (telephone interview 14/7/2003)

Tony Bond, Executive Officer, Niku Jowan Legal Service (telephone interview

15/7/2003)

Janette Singleton, Yirrganydji Aboriginal Tribal Corporation (telephone interview

15/7/03)

Robyn Robertson, Youth Policy Project Officer and Desley Renton, Social Policy Advisor,

LGAQ (telephone interview 16/7/2003)

Peter Opio-Otim, Executive Director, Aboriginal Coordinating Council (telephone interview

16/7/2003)

Ross Norman, Principal Solicitor, Tharpuntoo Cape York Legal Service Aboriginal Corporation

(telephone interview 16/7/2003)


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Col Evans, Holloways Beach Residents Association (telephone interview 19/7/2003)

Ken Reys, Chairperson, Alluna Land Trust (telephone interview 21/7/2003)

Bob Colless, meeting with 10 Elders from Gumba Gumba, Cairns and District

Aboriginal and Torres Strait Islander Corporation for Elders (meeting 23/7/2003)

Kent Wain, Local Laws, Dept of Local Government and Planning (telephone interview

26/2/2003)

Terry O’Shane, Chair, Cairns and District Regional Council, ATSIS (telephone interview

28/7/03)

John McIntyre, Tourism Tropical North Queensland (telephone interview 28/7/2003)

Eddie Woodley, Chair, Peninsula Regional Council, ATSIS (telephone interview

28/7/2003)

Jacqui Lavis, Apunipima Cape York Health Council (telephone interview 28/7/2003)

Richard Aspinall, Lorna O’Shane, Tim Poole, ATSIS, Cairns (meeting 30/7/2003)

Ruth Venables, Regional Manager, Cairns, Anti Discrimination Commission of

Queensland (meeting 1/08/2003)

Diane Forsyth, Director, Addiction Help Agency (telephone interview 1/08/2003)

Ross Pearson, Acting Executive Officer, North Queensland Land Council (telephone

interview 1/8/2003)

Ezra Saveka, indigenous health officer, Alcohol and Drug Services, Queensland

Health (telephone interview 5/8/2003)

Natalie Niethe, Commission for Children and Young People, Brisbane (telephone

interview 24/7/2003)

Seith Fourmile, Gimuy Walabara Yidinji Cultural Development Aboriginal Corporation

(telephone interview 6/8/2003)

Council Officers Cairns City Council Safety Committee Representative, Lisa Scott

Cairns City Council Officers, Linda Kirchner and Lesley Sparkes

Cairns City Council Public Consultation and Communications Officer

Government Agencies Contacted Department Tourism, Racing and Fair Trading (provided consolidated response via State

Department)

Cape York Partnerships

Other References used in Report and Consultation Anti-Discrimination Commission Queensland submission to Council on proposed move on

powers (2002)

Anti-discrimination Commission Queensland fact sheet on anti-discrimination issues

relating to the sale of volatile substances.

Draft Tri-Partite Agreement between Cairns City Council, DATSIP and ATSIS (2003)


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Attachment 2

Summary report of consultation process, issues raised and Council responses 1.0 INTRODUCTION Cairns City Council is considering the introduction of a Local Law to control the possession and consumption of alcohol on Council land and roads. Council’s objective is to provide for the safety and convenience of people using Council land and roads. The intent of the Local Law is to prevent the possession and consumption of alcohol on land owned, controlled or managed by Council, and gives Council officers (authorised persons) the power to inspect property and confiscate and dispose of alcohol. In the development of this Local Law the Minister for Local Government and Planning required Council to undertake consultation with appropriate and relevant stakeholders. Consultants Sinclair Knight Merz were appointed to conduct this consultation. This report outlines: The consultation process and approach, including a list of people and organizations

involved, and A summary, in tabular form, of the issues raised during the consultation (drawn from the

full consultation report) together with Council’s response to those issues. 2.0 BACKGROUND The proposed Control of Possession and Consumption of Intoxicating Liquor in Public Places Local Law 2003 is being developed under the provisions of the Local Government Act 1993 (LGA). Sections 868 to 870 of the LGA outline the formal requirements for advertising proposed Local Laws and calling for submissions. In her review of the draft Local Law (28 November 2002) the Minister for Local Government and Planning advised Council of a Schedule of Conditions for Council to proceed further with the Local Law. Condition 11 states: “The issues of alcohol abuse and public intoxication are complex to address. Due to the sensitive nature and historical context of these issues, Council must conduct additional consultation, above and beyond the requirements of sections 868 to 870 of the LGA, with appropriate and relevant stakeholders including community groups and organizations involved in dealing with alcohol abuse and public intoxication, including but not limited to, the Department of Families and regional offices of the Department of Aboriginal and Torres Strait Islander Policy. To ensure compliance with this condition, Council must submit details of the consultation including information on which organizations and groups were included in the consultation process and manner in which the consultation with these groups occurred.” The consultation report was commissioned in response to this Ministerial Condition.


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3.0 APPROACH Consultants Sinclair Knight Merz were appointed in June 2003 to conduct an independent focused consultation on the proposed Local Law. The process involved: identification of, with the assistance of specialist Council staff, a database more than 40

organizations, government agencies and community leaders involved with alcohol abuse issues (see list Attachment 1). These organizations represent social and community services, community safety representatives (including Police), government agencies, commercial and tourism interests, and indigenous groups. Some additional agencies were added to the database as the consultation progressed,

preparation of a discussion paper outlining the process and providing a summary of known issues (largely drawn from initial State Interest Comments and Council advice) and circulation of the discussion paper to the database,

public notification of the process via a media release, press advertisement and logging information on the Council website,

personal follow-ups with individuals on the database, usually through telephone calls but also through face to face meetings and some group meetings. Comments were recorded on a running consultation log kept through the process.

preparation of the consultation report, based on the consultation log, some written and emailed submissions, and additional background information provided during the consultation.

.The approach functioned as a community scan targeting those groups that had an identifiable interest in the Local Law and ensuring they were given adequate opportunity to review the proposal and make comment. It also provided Government agencies an opportunity to further detail State Interests. 4.0 DISCUSSION OF ISSUES RAISED The following section summarises issues raised in the consultation report, together with the Council response, which was aided in a number of respects by advice from Council’s legal advisers. As with other sections of this report the numbering system follows the same system as the main consultation report, to aid cross-referencing. 4.1 Broad issues and required Council Response Sec. Issue Council Response 4.1.1 RECOGNITION OF A COMMUNITY

PROBLEM Most groups contacted agreed there was a community problem relating to the consumption of alcohol in public places. Attention focused on two groups in particular – displaced people, mostly Aboriginal, in public parks, and young people, often underage, in large party groups. A number of groups indicated that the displaced people seemed to attract disproportionate attention relative to their actual numbers and impact – that in some circumstances the problem might be more about perceptions than reality.

The consultation has supported Council’s view that the public consumption of alcohol is a community problem in Cairns. Council accepts that in the case of public drunkenness associated with displaced people, recognition of the issue may be affected by perception as much as actual incidents, and this may be influenced by media coverage, cultural stereotyping etc. Nevertheless negative perceptions do result in changed community behaviour eg shunning certain CBD areas regarded as ‘off limits’. In moving to manage actual incidents Council would also be addressing the issue of perceptions.


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4.1.2 SUPPORT FOR THE LOCAL LAW

AS A MEANS OF DEALING WITH THE ISSUE Diverse views about the likely effectiveness of the Local Law.

Council expected a diverse range of responses to the Local Law during the consultation. The issues raised are dealt with below.

4.1.3 STRATEGIC CONTEXT Concern about the lack of a strategic context for the Local Law, ie, how the law would interact with other enforcement measures and how it related to the overall issue of alcohol abuse in public places in Cairns.

There are two strategic contexts – the need for appropriate behaviour in public places, and the management of alcohol abuse in public places. In the context of appropriate behaviour Council is working within the strategic framework of other local laws (eg covering City Place and the Esplanade). There is a clear strategic direction by Council in encouraging responsible behaviour in public places. Regarding alcohol abuse in public places, Council regards the State Government as the lead agency in determining strategic directions. Council believes that giving its officers powers similar to those held by Police would not be inconsistent with State strategic directions.

4.1.4 PROBLEM LOCATIONS The problem areas for displaced persons were generally in the CBD/Esplanade area, spilling over into inner-suburban parks and reserves. Problems with underage drinking on beaches and esplanades from Holloways Beach through to Palm Cove.

Council agrees with the identified problem areas. Council has also identified emerging problems with backpacker alcohol consumption on the Esplanade.

4.1.5 TARGETING BEHAVIOUR A number of respondents felt anti-social behaviour resulting from alcohol consumption should be targeted, not possession and consumption. Some groups worried Local Law might target/affect quiet family gatherings.

The issue of behaviour is regulated under other Council Local Laws which prohibit offensive and threatening behaviour and conduct. Council believes the current Local Law provides an option of early intervention and that its alcohol confiscation provisions will deter people from drinking in public places. Regardless of the Local Law it is still illegal, under the Liquor Act, to consume alcohol in public places. Council advises that the community might expect the Local Law to be implemented in a similar manner to the discretionary approach applied by Police in administering similar powers.

4.1.6 THE ROLE OF COUNCIL Concern that the Local Law unnecessarily duplicates existing laws and could lead to duplication and confusion. Also question as to whether Council should be involved in policing activity.

Council acknowledges these concerns. The additional responsibility is not something Council accepts lightly, and only does so in response to community concerns that existing actions are proving ineffective. Council points out that it is involved in ‘policing’ activities for other Local Laws in City Place and the Esplanade, where compliance and enforcement is handled discretely and effectively.


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4.2 Issues Relating to Implementation Sec. ISSUE Council Response

4.2.1 LEGAL Concern that the Local Law would leave Council and authorised officers subject to complaints under the Queensland Anti-Discrimination Act 1991.

Council notes these concerns. It is Council’s intention to pursue these issues with the Anti Discrimination Commission of Queensland. Council believes that the likely issues might be effectively dealt with in the policy and implementation guidelines that would accompany the Local Law. Council would be guided by the Commission’s advice.

4.2.2 SELECTION AND TRAINING Concern that authorised officers would not have similar rigorous selection and training processes as undertaken by Police officers in community policing roles.

These issues will be dealt with in the policy and implementation guidelines. Matters addressed in the guidelines would involve awareness of cross cultural sensitivity and communication, and persuasive rather than confrontational implementation. Council proposes to involve local indigenous groups and agencies to provide assistance and advice in selection and training.

4.2.3 MONITORING AND SUPERVISION Monitoring and supervision were seen as important for operational implementation. Procedural checks and balances were needed to respond to enforcement complaints.

These issues will be dealt with in the policy and implementation guidelines. Similar provisions are made in the implementation guidelines for other Council Local Laws.

4.2.4 REVIEW Suggestion that the Local Law be reviewed for relevance and effectiveness within a specified time frame.

All Council Local Laws are subject to regular Council review for appropriateness and effectiveness. Because of the nature of this Local Law, Council proposes a review of its efficacy in the first two years.

4.2.5 SAFETY Concerns for:

Authorised officers (violence through enforcement)

Displaced persons (violence within groups, health risks associated with withdrawal)

Wider community (possible victims of crime or harassment as those who had alcohol confiscated sought money to purchase replacements)

Authorised officers will have strict training and guidelines that encourage the avoidance of violent situations. This will include the early assessment of situations that might require Police assistance. The issue will be actively monitored. The training and guidelines for authorised officers will encourage networking with other enforcement and support agencies, such that displaced persons at risk will be assisted to the maximum extent possible. Possible knock-on effects such as harassment or assault and robbery will be actively monitored.

4.2.6 COST Concern regarding the cost of implementation, that funds might be more usefully spent elsewhere to deal with the issue.

The cost of implementing this Local Law will not be dissimilar to that of implementing other Local Laws, although some set-up and training costs might be higher because of the issues involved.

4.2.7 CULTURAL AUTHORITY Suggestion that the cultural authority of local indigenous elders could be used to manage displaced people from other communities.

Council greatly appreciates the offer of assistance from indigenous groups and will look at ways that these groups and local indigenous groups can be involved in the administration and implementation of the Local Law. Council would like to play a part in fostering positive indigenous images in the wider community.


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4.2.8 APPROPRIATENESS OF

PENALTY PROVISIONS Some considered the financial penalties as inappropriate or excessive for displaced people and youth, that this would further disadvantage the disadvantaged.

Council acknowledges the concerns but points out the penalties are similar to those applying for other Council local laws. Council is willing to explore alternatives to monetary penalties.

4.2.9 COORDINATION A number of respondents questioned whether the Local Law was part of a wider strategy and if Council was appropriately linked with other agencies for implementation.

Council will address coordination issues in the policy and implementation document. The intention will be to actively network with a variety of enforcement and support agencies to ensure the effective implementation of the Local Law. The guidelines will encourage authorised officers to use their discretion to promote compassionate, cooperative and constructive outcomes.

4.2.10 BEACH ISSUES Concern whether the Local Law could effectively deal with groups of underage drinkers at northern beaches. Concern also that quiet family gatherings might also be targeted.

Council acknowledges active policing in the northern beaches (school liaison officers, Police Beat, public education etc) has had a positive impact on underage alcohol abuse at the beach areas in recent times. The application of the Local Law in these areas will be subject to re-surfacing community concerns and/or Police calls for assistance. Regardless of the Local Law, it is still illegal, under the Liquor Act, to consume alcohol in public places. Council advises that the community might expect the Local Law to be implemented in a similar manner to the discretionary approach applied by Police in administering similar powers.

4.2.11 YOUTH ISSUES Youth representative felt youth groups would be unfairly targeted because they had nowhere else to go. Also question of whether authorised officers would be trained in appropriate management of young people, especially juveniles.

Council acknowledges these concerns and will work through these with the Cairns Youth Services Network in the development of policy and implementation guidelines, and in monitoring issues associated with the implementation of the Local Law.

4.3 Alternative/Complimentary Strategies Sec. Alternative/Complimentary Strategies Council Response 4.3.1- 4.3.5

Availability of Alcohol in the CBD: calls for further restrictions on takeaway sales.

24 Hour Detoxification Centres: need for these to be open 24 hours a day.

Safe Places: need for safe, supervised places for habitual drinkers to gather legally without harassment.

Improved Case Management: need for better case management of people from remote communities who access health care and other services in Cairns and then find themselves at risk.

Changing Alcohol Management in Cape Communities: question whether this would lead to movement to Cairns and other centres of those with addiction problems.

Council acknowledges these suggestions. These are similar strategies suggested by Council and agencies, groups etc during reviews of public drunkenness. Virtually all the suggestions involve the State Government as lead agency for funding, legislative and administrative purposes. Council will continue to press for the implementation of these strategies and will support State Government implementation measures.


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4.4 Issues Relating to Drafting Section of Local Law

Comment

Council Response

6 (3) This section duplicates other State law eg S173(b) Liquor Act 1992, apart from extending the provision to non public Council land and extending the definition of alcohol to include methylated spirits.

The Local Law cannot override or be inconsistent with State legislation. However nothing prevents Council from regulating the same subject matter (in this case for implementation by Council authorised officers. Under the Local Government Act Council has jurisdiction to make local laws for the good rule and government of its territorial unit. Other Councils (Charters Towers, Maroochydore, Townsville) have Local Laws regulating alcohol consumption and possession.

7 (2) Persistent offenders will give the standard answer that they are just transporting the alcohol to another place. Unless they are caught actually consuming the alcohol enforcement may be difficult.

Need to define ‘reasonable grounds’

The issue regarding transporting alcohol is correct. In this case authorised officers will have to exercise their discretion.

‘Reasonable grounds’ is a commonly used legal phrase in local laws and State legislation. It is near to impossible to define ‘reasonable grounds’ as what is reasonable depends on individual circumstances. An attempt to define it may have the potential to limit what may be reasonable in the circumstances.

8 Lack of safeguards or guidelines for the searching of persons and property – issues of propriety and civil liberties.

The inclusion of guidelines in a Local Law is not appropriate. Council will further address this issue in a policy and implementation document that will accompany the Local Law. Authorised officers can obtain Police assistance for inspecting property. Requests for assistance are provided for under the Police Powers and Responsibilities Act.

9 Is a compliance order a verbal or written instruction – how is it recorded and how is non-compliance recorded? Contravention that leads to a compliance order is a matter for a Court to determine not a Council officer. There is a need to define ‘specified action’ in s9(2)

Compliance orders may be verbal or in writing (similar to other Local Laws and State legislation). An authorised officer will take notes of details relating to a verbal compliance order, and keep a duplicate in the event of a written compliance order. The issuing of a compliance order is similar to an infringement notice – it is just an enforcement mechanism. A contravention would not be heard by a Court if an authorised officer had not determined there had been a contravention. ‘Specified action’ is simply that action described in the compliance order – it requires no definition.


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10 As per point above, non-compliance

with a compliance order is a matter for a Court to determine.

Need to define removal of liquor eg tipping it out, locking it in a car etc

Need to define ‘removal of offenders’ how, where and for what length of time?

Removal and use of force might have particular legal implications if juveniles involved.

Response as per point above on the role of Court for non-compliance. ‘Removal of liquor’ does not require definition – it depends on the circumstances and must be left to the discretion of the authorised officer. Provision for ‘removal of offenders’ has been deleted. Any removal or use of force might have legal ramification – other local laws and State legislation includes these powers. Council considers some of these issues relating to implementation can be best managed through the policy and implementation document that will accompany the Local Law.

Schedule Need for schedule that provides Procedures for the selection and

training of authorised officers, Procedures for monitoring and

the handling of complaints regarding implementation

Guidelines for searching property and issuing compliance orders etc

Definitions for ‘reasonable grounds’, ‘removal’ of persons, ‘specified action’

Including procedures and guidelines as a schedule to the Local Law is not appropriate. Council will manage these issues through the accompanying policy and implementation document. In respect to complaints, Local Law No 1 (Administration) includes a process for review of Council’s or an authorised officer’s decisions.

- Local Law would be more effective to implement if it acknowledged the area’s traditional custodians

This is an interesting suggestion. While acknowledgement of traditional custodians might not normally be an appropriate inclusion in a Local Law, it might warrant further consideration if Council engaged indigenous groups in the implementation of the Local Law.


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16 OCTOBER 2003

7

CRIME PREVENTION CONFERENCE – COMMUNITY SAFETY AND WELL-BEING Lisa Scott LMS : 10/21/3-15: #700676

RECOMMENDATION:

That this report be noted.

INTRODUCTION: The Manager – Community Development and Community Safety Officer recently attended the Australia and New Zealand Society of Criminology (ANZSOC) Conference on “Controlling Crime – Risks and Responsibilities”. The program of this conference varied from academic research and results, through to practical operations of Police, Health and Local Governments. Policies, ongoing projects and programmes from across Australia, New Zealand, United States and the United Kingdom were examined at length, and much discussion on strengths and challenges.

BACKGROUND: Council’s Community Development Branch has, as part of the Operational Plan, the development of a community safety and well-being plan which focuses on crime prevention, and improving the emotional and physical safety of residents and visitors to Cairns. With this in mind, Officers attended the ANZSOCs Controlling Crime conference, with the aim of developing practical strategies to continue, and expand community development.

COMMENT: Policies, and technical understandings are important when it comes to community safety, and health and well-being (for example, knowledge of Crime Prevention Through Environmental Design strategies; CCTV Policies; sharps disposal protocols). However, it is becoming increasingly evident that essential to safety and well-being is good, strong community connections. Knowing, and positive participation with others in the neighbourhood and community is emerging as the strongest indicator of an individual’s health and perceptions of safety. This translates to community cohesiveness, and a willingness to “band together” when a crisis emerges. At the conference, the decline in community connections, and the importance of a feeling of belonging was re-iterated by the majority of speakers (and workshops) as fundamental to improving community safety, well-being and crime prevention.


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Another aspect raised was the importance of community consultations to best determine what community needs are relevant. A key point raised by inter-state and overseas projects was when community consultation was lax, community responses to initiatives were quite negative. The role of Community Safety Officer’s in Local Government was also discussed at length, as were the roles and responsibilities of Federal, State and Local Governments. Strong partnerships and strategies with key players (such as Police, Health) have ensured Local Governments are able to promote safety, health and well-being initiatives, as well as advocating for community needs with government agencies.

CONSIDERATIONS: Statutory: None. Policy: None. Financial: None. Social: Continuing to develop (and broaden) partnerships, and holding government and non-government agencies accountable to the community allows Council to help develop community links and networks. It is through strengthening community connections that grass-roots community development (including safety, health and well-being) can best be advanced.

CONSULTATION: Not applicable.

OPTIONS:

Not applicable.

CONCLUSION:

Council, through Community Development, and all sections, to continue developing and strengthening community connections. It is through increasing community capacities and networks that grass-roots community safety, health and well-being can best be met.


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ATTACHMENTS: None. Lisa Scott Community Safety Officer Leslie Sparkes Manager – Community Development


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16 OCTOBER 2003

8

HOUSE RELOCATION APPLICATION FROM 152 MULGRAVE ROAD, WESTCOURT TO 28 EARL STREET, WESTCOURT – DIVISION 5 Laurie Phipps : 12/2/2-10: #700556

PROPOSAL: TO RELOCATE A DWELLING AT 152

MULGRAVE ROAD, WESTCOURT TO 28 EARL STREET, WESTCOURT

APPLICANT: C & B GROUP PO BOX 1949 CAIRNS PRESENT LOCATION: LOT 9 ON RP712442 - 152 MULGRAVE ROAD,

WESTCOURT PROPOSED LOCATION: LOT 42 ON RP721089 - 28 EARL STREET,

WESTCOURT ZONE: RESIDENTIAL DIVISION: 5 APPENDIX: 1. NEW LOCALITY PLAN

2. PHOTOGRAPHS


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NEW LOCALITY PLAN

RECOMMENDATION:

That Council approve the application for the relocation of a dwelling from 152 Mulgrave Road, Westcourt to 28 Earl Street, Westcourt 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.


48

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 the 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. 7. A security deposit of $15,000 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.

EXECUTIVE SUMMARY: An inspection by Council Building Surveyor was carried out on 3rd October 2003. The building is a low set timber framed dwelling built approximately 50 years ago with an approximate floor area of 150m2. The condition of structural members is generally good with minor repairs needed. External cladding is chamfer board and flat fibre like material. The roof structure could only be cursorily assessed, however the roof lines are still straight, roof sheeting is in reasonable condition and there is no evidence of any water leaks. The floor joists, bearers and flooring are in good structural condition, minor repairs will be required around the bathroom area. Windows are mainly aluminium sliding glass and are generally in good condition with only minor repairs to running rolls required.


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Roof sheeting, gutters are fascias appear to be in good condition, however it will need to be reassessed after relocation. This dwelling is in very good condition for its’ age.

ASSESSMENT: The building work may be lawfully carried out on the subject allotment. The land is zoned Residential with an area of 759 m2 and as such residential use of the allotment is self-assessable development. This part of Westcourt is a mix of low set and high set timber and brick veneer dwellings of similar design to the dwelling in question. The dwelling when sited on its’ proposed location will be in accordance with the requirements of the Building Regulations.

CONCLUSION: The building when erected should not have an adverse effect on the amenity or the likely amenity of the neighbourhood nor will the aesthetics of the building when erected be in conflict with the character of the area. Laurie Phipps Manager, Environmental Assessment Peter Tabulo General Manager, City Development


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APPENDIX 2 – PHOTOGRAPHS:

Photo 1 – 152 Mulgrave Road, Westcourt



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Photo 5 – 28 Earl Street, Westcourt



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Photo 10 – 31 Ascot Avenue, Westcourt


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16 OCTOBER 2003

9

HOUSE RELOCATION APPLICATION FROM 33 JOHNSTON STREET, STRATFORD TO PROPOSED LOT 2 ON SP146424 (UPWARD STREET) FORMERLY 31-33 (LOT 1 & 2 ON RP701358) ARCHIE STREET, PARRAMATTA PARK – DIVISION 6 Laurie Phipps : 12/2/2-10 :#697753v2

PROPOSAL: TO RELOCATE A DWELLING FROM 33

JOHNSTON STREET, STRATFORD TO PROPOSED LOT 2 ON SP146424 (UPWARD STREET) FORMERLY 31-33 (LOT 1 & 2 ON RP701358) ARCHIE STREET, PARRAMATTA PARK

APPLICANT: PERKES HOUSE REMOVALISTS PRESENT LOCATION: 33 JOHNSTON STREET, STRATFORD PROPOSED LOCATION: PROPOSED LOT 2 ON SP146424 (UPWARD

STREET) FORMERLY 31-33 (LOT 1 & 2 ON RP701358) ARCHIE STREET, PARRAMATTA PARK

ZONE: RESIDENTIAL DIVISION: 6 APPENDIX: 1. LOCATION PLAN 2. PHOTOGRAPHS


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APPENDIX 1 - LOCALITY PLAN

RECOMMENDATION:

That Council approve the application for the relocation of a dwelling from 33 Johnston Street, Stratford to proposed Lot 2 on SP146424 (Upward Street) 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.

Proposed Lot 2 on SP146424 property facing Upward Street


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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. 7. A security deposit of $15,000 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 be cleaned. 12. The external wall sheeting be painted.

EXECUTIVE SUMMARY: An inspection by a Council Building Surveyor was carried out on 3rd October 2003 and found the dwelling in question is high-set timber framed built approximately 50 years ago. The condition of structural members is generally good with minor repairs needed. External cladding is weatherboard. The roof structure appears in good conditions with the lines of the roof straight. The roof sheeting is in reasonable condition and will need to be cleaned if re-used; there is no evidence of leaks inside the structure. The floor joist and bearers are in good structural condition; the area around the bathroom has some evidence of water leaks and may need minor maintenance.


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The windows are mainly louvers in reasonable condition, gutters and down pipes appear to be in reasonable condition for a building of its’ age. ASSESSMENT: The building work may be lawfully carried out on the subject allotment. The land is zoned residential and residential is self-assessable development. This part of Parramatta Park is predominately populated with both high set and low set type housing of Queensland architecture design, much the same as the dwelling proposed to be relocated. The subject dwelling in its’ new position will be high set and enclosed under. It will be sited 5 metres from Upward Street and the side boundary building lines with-in the limits of the Standard Building Regulation. The external and internal parts of the dwelling will repainted when relocated. CONCLUSION: The building when erected should not have an adverse effect on the amenity or likely amenity of the building neighbourhood nor will the aesthetics of the building when erected be in conflict with the character of the area. Laurie Phipps Manager, Environmental Assessment Peter Tabulo General Manager, City Development


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APPENDIX 2

Front View of 33 Johnston Street, Stratford

Rear View of 33 Johnston Street, Stratford


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Side View of 33 Johnston Street, Stratford


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House on Right of Proposed Lot 2 on SP146424 – Upward Street

House on Left and Right of Proposed Lot 2 on SP146424 – Upward Street


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House on Left (facing Archie Street) of Proposed Lot 2 on SP146424 – Upward Street

Proposed Lot 2 on SP146424 – Upward Street – Vacant Block


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16 OCTOBER 2003

10

RESPONSE TO DEPARTMENT OF TOURISM, RACING AND FAIR TRADING – LIQUOR LICENSING DIVISION – LIQUOR LICENCE APPLICATIONS – OUTRIGGER BEACH CLUB & SPA – LA PIZZA CAIRNS – THE ROCK TAVERN CAIRNS – TROPO’S NON STOP ROCK CAIRNS Anna Cronin: 8/20/6-02: #700582

RECOMMENDATION:

That the applicant and the Liquor Licensing Division be advised of the following comments: 1. Outrigger Beach Club and Spa

Council has no objections to the proposed Residential Licence (Provision of accommodation and public dining) at the Outrigger Beach Club and Spa, located at Lots 1-27 on SP132050, 123-127 Williams Esplanade, Palm Cove, providing liquor is served in a responsible manner.

2. La Pizza, Cairns

There are no objections to the proposed On-Premises (Meals) Licence for La Pizza, Shop 1, located at Lots 1 on RP727325, 93 The Esplanade, Cairns City. However, the proposed Extended Hours Permit until 2 am is not consistent with Council’s General Policy – Liquor Licensing, as the proposed trading hours are past 12 midnight, and therefore Council does not support the proposed extended hours permit. Should the application for extended hours trading be approved, then the following conditions should be included: 1. That the permit be for a trial period of 6 months. 2. That extra security personnel be provided for operations after midnight,

and that the security personnel be engaged until the dispersal of the patrons.

3. The Rock Tavern, Cairns

The proposed Extended Hours Permit is not consistent with Council’s General Policy – Liquor Licensing, as the proposed trading hours are before 10 am and past 12 midnight and therefore Council does not support the Extended Hours Permit.


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4. Tropo’s Non Stop Rock, Cairns The proposal is for the extension of the existing cabaret, as identified on the

proposed Plan of Development Drawing No. D-01 A, dated March 2003, and prepared by JB Design Cairns Pty Ltd, and the primary purpose of the entire business, including the area downstairs, will remain the provision of entertainment; therefore the proposal is defined as a Nightclub in the Planning Scheme rather than a Restaurant as the proposed dining area/bar is an extension of the existing cabaret. An application for Material Change of Use (Impact Assessment) is required to establish a Nightclub in the Central Business zone prior to receiving an approval for the Liquor Licence.

If the proposed downstairs dining/bar area is intended to be a restaurant, the

applicant should apply for an On-premises (Meals) Licence for a Restaurant, then an application for Material Change of Use (Impact Assessment) will not be required, as a Restaurant does not require planning approval in the Central Business zone.

In addition, it is the policy of Cairns City Council to not support restaurants

serving liquor past 12 midnight. Past experience has shown that some of these restaurants become de facto nightclubs.

EXECUTIVE SUMMARY: The Department of Tourism, Racing and Fair Trading, Liquor Licensing Division has written to Council advising of two new liquor licence applications (one including an extended hours permit), an extended hours permit, and a change in an existing licensed area. Council now has the opportunity to consider the proposals and submit comments to the Liquor Licensing Division. TOWN PLANNING CONSIDERATIONS: NEW LIQUOR LICENCE APPLICATIONS 1. Outrigger Beach Club and Spa, Palm Cove An application for a Residential Licence (Provision of accommodation and public dining) has been applied for at the Outrigger Beach Club and Spa, located at Lots 1-27 on SP132050, 123-127 Williams Esplanade, Palm Cove. Should this licence be granted it would enable the sale of liquor to a resident or a guest of a resident for consumption on the premises at any time and up to 9 litres for consumption off the premises to residents only. Members of the general public may be sold liquor for consumption on the premises in an area used for the primary purpose of eating meals prepared and served to be eaten on the premises. However, liquor may be sold in this area to patrons who are non-diners (i.e. only there to have a drink).


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The proposed trading hours are 10 am to 12 midnight, Monday to Sunday, which are the standard trading hours under the Liquor Licensing provisions. A copy of the notice of application is attached at Appendix 1. The subject land is included within Residential 3 zone in the Planning Scheme for the Balance of the City of Cairns. The subject land is being developed for Holiday Apartments and Ancillary Facilities, which was approved by Council on 15 June 2001. Therefore, there are no planning issues concerning the abovementioned application for a liquor licence. General Policy – Liquor Licensing The proposal is consistent with Council’s General Policy – Liquor Licensing. Divisional Councillor Comments The Divisional Councillor has no objections to the proposed residential licence. EXTENDED HOURS PERMITS 2. La Pizza, Cairns An application for an On-premises (Meals) Licence (provision of meals) and Extended Hours Permit has been applied for at the La Pizza, Shop 1, located at Lots 1 on RP727325, 93 The Esplanade, Cairns City. Should this licence be granted it would enable the sale of liquor for consumption on the premises used for the primary purpose of eating meals prepared and served to be eaten on the premises. However, liquor may be sold in this area to patrons who are non-diners (i.e. only there to have a drink). The proposed trading hours are 10 am to 2 am, Monday to Sunday. The standard trading hours under the Liquor Licensing provisions are 10 am to 12 midnight, Monday to Sunday. A copy of the notice of application is attached at Appendix 3. The subject land is included within Central Business zone in the Planning Scheme for Part of the City of Cairns. A café/restaurant is permitted within the Central Business without planning approval from Council. Therefore, there are no planning issues concerning the abovementioned application for the liquor licence and extended hours permit. General Policy – Liquor Licensing The proposal is not consistent with Council’s General Policy – Liquor Licensing, as the proposed trading hours are past 12 midnight.


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Divisional Councillor Comments As the report advises, it is the policy of this Council to not support restaurants serving liquor past 12 midnight. Past experience has shown that some of these restaurants become de facto nightclubs. Should Liquor Licensing, as they have in the past, decide to approve of the extended hours trading, then the following conditions should be included: 1. That the permit be for a trial period of 6 months 2. That extra security personnel be provided for operations after midnight, and that

the security personnel be engaged until the dispersal of the patrons. Safety Officer Comment The proposed application is not consistent with the General Policy – Liquor Licensing and should not be supported. The standard trading hours are supported, providing responsible service of alcohol is carried out. 3. The Rock Tavern, White Rock An application for an On-premises (Meals) Licence (provision of meals) and Extended Hours Permit has been applied for at the Rock Tavern, located at Lot 6 on SP136776, 106 Barnard Drive, White Rock. The existing licence is for a General Licence, which allows the sale of liquor for consumption on and off the premises. The current trading hours are 10 am to 12 midnight, Monday to Sunday, which are the standard trading hours under the Liquor Licensing provisions. The proposed trading hours are 9 am to 2 am, Monday to Saturday, and 9 am to 12 midnight on Sunday. No liquor may be sold for consumption off the licensed premises after 12 midnight or be taken away from the premises after 12.30 am. A copy of the notice of application is attached at Appendix 4. The subject land is included within Commercial zone in the Planning Scheme for the Balance of the City of Cairns. The site is developed as a Hotel, including a Gaming Room and Bottleshop, which was approved by Council on 1 March 2001. Therefore, there are no planning issues concerning the abovementioned application for the extended hours permit. General Policy – Liquor Licensing The proposal is not consistent with Council’s General Policy – Liquor Licensing, as the proposed trading hours are before 10 am and past 12 midnight. Divisional Councillor Comments Comments are to be provided at the meeting.


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Safety Officer Comment The proposed extended hours of trading is not consistent with the General Policy – Liquor Licensing and should not be supported. The standard trading hours are supported, providing responsible service of alcohol is carried out. The safety officer is not currently aware of any complaints towards the Rock Tavern activities from the surrounding residents. Notwithstanding this, the Rock Tavern is located outside the Central Business District and adjacent to residential development predominantly in the form of single detached dwellings. 4. Tropo’s Non Stop Rock, Cairns An application for a change in licensed area for the Tropo’s Nightclub to incorporate an area downstairs as part of the On-premises (Cabaret) Licence has been applied for at Tropo’s, located at 39-49 Lake Street, Cairns City. The Liquor Licence Division advised that it is anticipated that the area downstairs will be used for the purpose of dining and should the application be approved the primary purpose of the entire business will remain the provision of entertainment. The proposed trading hours are 10 am to 2 am, Monday to Sunday. The standard trading hours under the Liquor Licensing provisions are 10 am to 12 midnight, Monday to Sunday. A copy of the notice of application is attached at Appendix 4. The subject land is included within the Central Business zone in the Planning Scheme for Part of the City of Cairns. Council Officers do not support the proposed change in the existing On-Premises (Cabaret) Licence to incorporate an area downstairs for the following reasons: The request for the changed license is for the extension of the existing Cabaret

(i.e. Tropo’s) and the primary purpose of the entire business will remain the provision of entertainment. Therefore an application for Material Change of Use (Impact Assessment) – Nightclub is required prior to considering a change to the existing licensed area. A Nightclub is defined as a premises used as a cabaret or nightclub, where entertainment is regularly provided to members of the public and which is the subject of a licence under the provisions of the Liquor Act 1992. The applicant has currently not obtained the relevant planning approval for the downstairs area.

If it is the operator’s intention to operate the downstairs area of the Tropo’s

building for dining only, not associated with the nightclub and entertainment facilities located on the upper floor, then an application should be made to the Liquor Licensing Division for an on-premises (meals) licence only and not an extension to the existing cabaret licence.


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Council Officers have previously written to the applicant on two occasions regarding the development of the downstairs area for dining, and were advised that an application for Material Change of Use (Impact Assessment) is required to extend the existing Cabaret Licence to include the downstairs area as ancillary dining for Tropo’s. The applicant has proceeded to apply to the Liquor Licensing Division to change the licensed area for Tropo’s to include the downstairs area, in order to avoid obtaining the relevant planning approval for extending the nightclub and avoid advertising the liquor licence application to the general public. General Policy – Liquor Licensing The proposal is not consistent with Council’s General Policy – Liquor Licensing, as the proposed hours will be after midnight. Divisional Councillor Comments It is the policy of this Council to not support restaurants serving liquor past 12 midnight. Past experience has shown that some of these restaurants become de facto nightclubs. Should Liquor Licensing, as they have in the past, decide to approve of the extended hours trading, then the following conditions should be included: 1. That the permit be for a trial period of 6months; and 2. That extra security personnel be provided for operations after midnight, and that

the security personnel be engaged until the dispersal of the patrons. Should a Nightclub (Cabaret) licence be required, after a Material Change of Use application, than Council's policy in relation to Nightclub's licences should be applied. Safety Officer Comment There are a number of community safety concerns and alcohol related crimes in this area, hence Liquor Licence has enforced management restrictions on Cabarets. The subject site is a congested area, especially on Thursday, Friday, and Saturday nights as it is a thoroughfare between nightclubs, Taxi ranks and food vans.


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ATTACHMENTS: 1. Outrigger Beach Club and Spa, Palm Cove 2. La Pizza, Cairns 3. The Rock Tavern, White Rock 4. Tropo’s Non Stop Rock, Cairns Anna Cronin Planning Officer Action Officer Nikki Huddy Manager, City Assessment


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Appendix 1


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APPENDIX 2


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APPENDIX 3


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APPENDIX 4


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PLANNING DEVELOPMENT & COMMUNITY SERVICES COMMITTEE

16 OCTOBER 2003

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REQUEST TO DELETE A CONDITION OF AN EXISTING APPROVAL, 23 VASEY ESPLANADE, TRINITY BEACH. - DIVISION 11 Nikki Huddy: 8/30/9: #694032

PROPOSAL: REQUEST TO DELETE A CONDITION OF AN EXISTING APPROVAL APPLICANT: JOHN AND NANCY WOLFF LOCATION: 23 VASEY ESPLANADE, TRINITY BEACH PROPERTY: LOT 5 ON RP715898 ZONE: RESIDENTIAL 1 STRATEGIC PLAN: URBAN DCP: NONE APPLICABLE REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NONE APPLICABLE STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE DIVISION: 11 APPENDIX: 1. SITE LAYOUT PLAN


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LOCALITY PLAN

RECOMMENDATION:

That Council cancel condition 3(c) of development permit 8/30/9 as follows, and that all other conditions of the development permit remain the same: 3. The applicant shall construct the following works external to the site:- a. Provision of a concrete crossover and apron to both lots; b. Make good kerb at redundant crossover in Vasey Esplanade; and c. Reshape the footpath to the Possum Street site frontage to prevent

stormwater from flowing into the subject site and convey the water in a southerly direction along Possum Street.

c. Construct kerb and channel along the Possum Street frontage, along the line of the existing pavement.

All on-street works shall be to the satisfaction of the Chief Executive Officer and shall be approved prior to constrution.

EXECUTIVE SUMMARY: Council is in receipt of a request to change a condition of an existing approval, at 23 Vasey Esplanade, Trinity Beach. The request is reasonable and recommended for approval.


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TOWN PLANNING CONSIDERATIONS: Background At the Meeting of 5 June 2000, Council approved an application to reconfigure an existing lot of 774m2 into two lots of 387m2 each and subsequently develop each lot with a detached dwelling. The proposed reconfiguration of the site into two lots is shown on Appendix 1. Proposal Now that the applicant is in a position to initiate the approval, it has become apparent that condition 3 of the approval is not appropriate for the site. Condition 3 reads:

The applicant shall construct the following works external to the site:- (a) Provision of a concrete crossover and apron to both lots; (b) Make good kerb at redundant crossover in Vasey Esplanade; and (c) Reshape the footpath to the Possum Street site frontage to prevent

stormwater from flowing into the subject site and convey the water in a southerly direction along Possum Street.

In particular the applicant requests that item (c) be deleted as there are no footpaths in Possum St and to create one would be impractical and the management of stormwater through this condition is not possible, given the lie of the land. The site has been inspected by officers of the Subdivision Services Team, and it is agreed that the condition is not practical or relevant to this site, and that there is no impact to Council if condition 3(c) is deleted. However it is considered appropriate for the applicant to install kerb and channel to the Possum Street frontage, adjacent to the existing road seal. All other conditions are to remain the same. Nikki Huddy Manager City Assessment


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16 OCTOBER 2003

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REQUEST TO CHANGE DEVELOPMENT APPROVAL – VEHICLE REPAIR STATION & CAR WASH – 71-73 BRUCE HIGHWAY, EDMONTON – DIVISION 2 Neil Beck: 8/8/436-01 : #695700

PROPOSAL: REQUEST TO CHANGE DEVELOPMENT

APPROVAL APPLICANT: A & CJ TIM SO C/- GAVIN PADDOCK STUDIO 5 96 MARTYN ST CAIRNS Q 4870 LOCATION: 71-73 BRUCE HIGHWAY, EDMONTON PROPERTY: LOTS 1 & 2 ON RP708573, PARISH OF

GRAFTON ZONE: RESIDENTIAL 3 STRATEGIC PLAN: URBAN DCP: NOT APPLICABLE REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS & COUNCIL’S

ENVIRONMENTAL PROTECTION UNIT NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 9 MAY 2003 DIVISION: 2 APPENDIX: 1. APPROVED PLAN 2. AMENDED PLAN


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LOCALITY PLAN

RECOMMENDATION:

That Council approve the request for a minor modification to the approved Vehicle Repair Station on land described as Lot 1 & Lot 2 on RP708573, Parish of Grafton located at 71 – 73 Bruce Highway, Edmonton subject to the following amended conditions:- 1. Condition 1 be amended to read as follows:- 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 amended plan being Drawing No. 671.02-SK4-1 to 671.02-

SK1-5 & 671.02-SK1-1A prepared by Gavin Paddock Designer dated September 2003 and attached;

b. the plans, specifications, facts and circumstances as set out in the

application submitted to Council; and c. the provisions of Council’s Development Manual. except where modified by these conditions of approval and any endorsement issued thereunder.


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2. Condition 9 be amended to read as follows:-

The applicant/owner must provide 10 12 designated on-site car parking spaces to service the Vehicle Repair Station. & Car Wash Facility.

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.

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 for Building Work. In particular all car parking areas, driveways and vehicular maneuvering areas must be imperviously sealed, drained and line marked.

3. Condition 13 be deleted.

13. Activities associated with the Car Wash Facility are confined to the following hours.

7.00 am to 8.00 pm Mondays to Saturdays 8.00 am to 8.00 pm Sundays and Public Holidays Any work outside these hours is subject to approval by the Chief Executive Officer.

4. All other conditions of Development Permit dated 30 April, 2003 remain

unchanged. EXECUTIVE SUMMARY & TOWN PLANNING CONSIDERATIONS: Council is in receipt of a request to approve a minor modification to an existing approval for the establishment of a Vehicle Repair Station containing three (3) service bays and a 3 bay Car Wash Facility over land described as Lots 1 & 2 on RP708573 located at 71 – 73 Bruce Highway, Edmonton. The application to redevelop the site was approved at Council’s Ordinary Meeting held on 24 April, 2003. A copy of the approved plan is attached at Appendix 1. The request to modify the approved development relates to the removal of the Car Wash Facility and expands the Vehicle Repair Station component by an additional three service bays and associated on-site car parking. A copy of the amended plan is attached at Appendix 2.


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In accordance with the Integrated Planning Act, the applicant forwarded a copy of the request to the Department of Main Roads and Council’s Environmental Protection Unit who were concurrence agencies for the application. Both referral agencies have subsequently advised that they have no concerns with the request and do not wish to add additional conditions on the approval. The applicant also obtained the written consent of the adjoining land owner of the Caravan Park stating that they do not object to the proposed modification. The conditions contained on the Development Permit have been reviewed as a consequence of the request, and as a result, some minor amendments are necessary. The minor amendments relate to Condition 1 to have reference to the amended plan; Condition 9 requiring the provision of 12 on-site car parking spaces and to exclude the reference to the Car Wash Facility and the removal of Condition 13, which nominated hours of operation for the Car Wash Facility. No other concerns are raised in relation to the proposed modification and approval of the request is recommended. Neil Beck Planning Officer Action Officer Nikki Huddy Manager, City Assessment


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APPENDIX 1


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APPENDIX 2


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16 OCTOBER 2003

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MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – BOARDING HOUSE (MEDIUM DENSITY) – 291 DRAPER STREET, CAIRNS CITY – DIVISION 6 Kym Watton: 8/8/440-01 : #678985

PROPOSAL: BOARDING HOUSE (MEDIUM DENSITY) APPLICANT: RITEK BUILDING SYSTEMS (NQ) PTY LTD C/- CHARLES O’NEILL P O BOX 5246 CAIRNS Q 4870 LOCATION: 291 DRAPER STREET, CAIRNS CITY PROPERTY: LOT 4 ON SP139714, PARISH OF CAIRNS ZONE: COMMERCIAL STRATEGIC PLAN: MIXED USE AREA 5 DCP: DCP1 - RESIDENTIAL DENSITIES – 400 PPH DCP2 – HEIGHT AND IMPACT OF BUILDINGS - PRECINCT 5 REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 21 OCTOBER 2003 DIVISION: 6 APPENDIX: 1. SITE LAYOUT PLAN

2. FLOOR PLAN 3. COMMUNAL LANDSCAPED OPEN SPACE

AND CAR PARKING AREAS


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LOCALITY PLAN

RECOMMENDATION:

That Council refuse the application for a Material Change of Use – Boarding House (High Density) on land described as Lot 4 on SP139714 located at 291 Draper Street, Cairns based on the following grounds: 1. The proposed development does not comply with the Site Population

Density, maximum of 400 Persons Per Hectare as contained within Development Control Plan 1 – Residential Densities in the Planning Scheme for Part of the City of Cairns. The Integrated Planning Act requires Council to refuse an application that is in conflict with the Strategic Plan.

2. The proposed development does not comply with the on-site car parking

requirement for a Boarding House as contained within the Planning Scheme for Part of the City of Cairns.

3. The proposed development does not comply with the minimum area

requirement for a Boarding House as contained within the Planning Scheme for Part of the City of Cairns.

4. The subject site is co-located with incompatible land uses such as a

warehouse and shop, and is therefore not suitable for a Boarding House.


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5. The application was incorrectly advertised in accordance with Section 3.4.8

of IPA. 6. Limited compatibility with the Strategic Plan - Mixed Use 5 designation. 7. The proposed development does not offer any landscaped outdoor area to

be used as communal landscaped open space area and offers limited opportunities for a variety of recreational pursuits on site.

EXECUTIVE SUMMARY: Council is in receipt of an application for a Boarding House (Medium Density) on land described as Lot 4 on SP139714, located at 291 Draper Street, Parramatta Park. The subject site constitutes the first floor of a building that has been strata titled. The proposed development is not consistent with the intent of the Strategic Plan and specific provisions in relation to a Boarding House and therefore it is recommended that the application be refused. TOWN PLANNING CONSIDERATIONS: Background The subject site is improved by a concrete building which was constructed in the 1960’s. The original building has remained on site since its construction and has been subject to three building approvals, which have resulted in extensions to the building. The first building approval for extensions to the building was issued in 1967. The extensions were built to accommodate further offices on the site, at the time the building was used for offices and storage. The second building approval was issued in July 1971. The extensions were built to accommodate additional offices and a production area. The third building approval was issued in 1985 to accommodate additional offices. The building on the subject site was originally operated as a beverages factory (cordial factory), since this use ceased the building has primarily been used as a warehouse/storage area and business offices, it is believed that the building has never been used for accommodation purposes. The existing building was strata titled in 2002. Adjoining land uses (within the strata titled building) include a pistol club and shop, warehouse and business office.


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Proposal The proposed development involves the use of one allotment (Lot 4 on SP139714) located on the first floor of a two storey strata titled building, for the purpose of a Boarding House (Medium Density). The proposed Boarding House (Medium Density) is to consist of ten bedrooms, a kitchen / dining room, two lounge rooms, laundry, separate shower and toilet facilities (2 showers and 2 toilets), and an outdoor deck and spa area for recreation. A site layout plan depicting the proposed development is located at Appendix 1. Strategic Plan/DCP The subject site is included in the Mixed Use 5 preferred dominant land use designation in the Strategic Plan. The Mixed Use designations indicate a number of areas where a mix of business, commercial, service and in some cases residential uses are considered to be appropriate. The Mixed Use 5 designation indicates uses such as Offices, Medical Centres, Restaurants, Accommodation Units, Dual Occupancy, Child Care Centres, Commercial Services, Dwelling and Dwelling with “office” as appropriate uses. Although Accommodation Units and other forms of accommodation are identified as appropriate uses in the Mixed Use 5 designation, it should be noted that it is only long term, permanent forms of accommodation that are considered appropriate and not short term accommodation. A Boarding House is considered to provide more short term accommodation rather than long term accommodation. The proposed development has only limited compatibility with the Mixed Use 5 designation. Land Zoning The subject site is included in the Commercial zone in the Planning Scheme for Part of the City of Cairns. The intent of the Commercial zone is to provide for uses which sell products and services to customers in a similar manner to retail facilities. Residential development may be permitted in the zone either in combination with commercial or professional services or independent of these services, providing it is in accordance with the provisions of Development Control Plan 1 and provided satisfactory residential amenity can be achieved. Public Notification/Submissions Public notification was conducted in accordance with the provisions of the Integrated Planning Act 1997 from 24 July 2003 to 22 August 2003 and no submissions were received. Application Lapsed On 25 June 2003 Council sent a letter to the applicant advising that Council Officers believed that the application had lapsed as public notification of the development application had not commenced within 20 business days of Council receiving the response to the information request, in accordance with Section 3.2.12(2)(c) of the Integrated Planning Act. By letter dated 3 July 2003, Charles O’Neil consultants on behalf of the applicant advised that they did not believe the application had lapsed.


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They argued that the IPA allows for the applicant to commence public notification as soon as the applicant provides responses to all information requests, and that the application had become complicated and confusing as to the appropriate time to commence the public notification. Following this, on 16 July 2003 Council sent a letter to the applicant advising that although Council Officers still believed it possible that the application may have lapsed, we would proceed with the application as per their request, and advised that they may proceed with the public notification of the application. The applicant proceeded with the public notification and no submissions were received. Incorrectly Advertised The application was lodged with the proposed development defined as a Boarding House (Medium Density). The Planning Scheme defines a Boarding House (Medium Density) as: Any premises used or intended for use to provide board and lodging to unrelated persons and having a site population density not exceeding 400 persons per hectare. The proposed site density is 414 persons per hectare, consequentially the definition of the proposed development is not a Boarding House (Medium Density) but a Boarding House (High Density). The applicant was aware of the site density exceeding 400 persons per hectare and the issue was raised in the planning report submitted with the application. The following comments were included in the planning report with regard to the proposal exceeding 400 persons per hectare:

The application site is in Residential D (400 persons per hectare). The specified Site Population Density for Boarding House is 1.25 persons per bedroom and the proposal is for ten bedrooms located on a site area of 302m2. The resultant residential density of 414 persons/ha materially complies with the Residential D and the Boarding House (Medium Density) maximum density of 400 persons/ha.

The proposed development should have been correctly advertised as a Boarding House (High Density). A Boarding House (Medium Density) is an Impact Assessable use in the Commercial zone and a Boarding House (High Density) is an Impact Assessable (non-preferred use) in the Commercial zone. In accordance with Section 3.4.8 of the IPA it is considered that the incorrect advertising may have adversely affected the awareness of the public of the existence and nature of the application, and restricted the opportunity of the public to make properly made submissions. Planning Scheme Requirements Section 4.6.10 of the Planning Scheme for Part of the City of Cairns outlines the requirements for a Boarding House (Medium Density) and (High Density) and Hostels (Medium Density) and (High Density). The proposed Boarding House is unable to comply with a number of these requirements.


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Site Density The maximum site density for the subject site is 400 persons per hectare. The proposed development involves a 10 bedroom Boarding House. Development Control Plan 1 – Residential Densities states that the site density for a Boarding House shall be calculated as 1.25 persons per bedroom. This equates to 12.5 persons, 414 persons per hectare for the proposed Boarding House, which is in excess of the maximum number of persons per hectare for the subject site. The Integrated Planning Act requires Council to refuse an application that is in conflict with the Strategic Plan unless there are sufficient planning grounds to approve the application despite the conflict. Given the other areas of non-compliance discussed below, it is considered that there area not sufficient planning grounds to justify the non- compliance. Car Parking It is believed that the site currently contains one (1) on site car parking space. In 1993 a consent (Consent Number 3783) was issued for the establishment of a Small Arms Facility and Gunsmith. A condition of this approval required one (1) on site car parking space, and nine (9) on street car parking spaces to be provided. In accordance with this approval, there is currently (1) on site car parking space and line marked car parking spaces along Draper Street. The subject site is unable to comply with the Planning Scheme requirement for one (1) on site car parking space per two (2) bedrooms for a Boarding House. Based on this rate the proposed Boarding House would generate the requirement for five (5) on site car parking spaces, in addition to the on-site car parking spaces required for the existing uses on the site. The common property area of the subject site has been nominated to provide three (3) on-site car parking spaces for the proposed Boarding House. The building covers approximately 98% of the site and no additional on site car parking can be provided therefore this common property area is the only space available to provide on-site car parking spaces. The common property area is currently fenced to prevent entry, and is concreted but not line marked. The existing warehouse on site is currently vacant and up for lease. A ‘For Lease’ sign is displayed on site advertising the warehouse available for lease. The common property area is being advertised as part of the land available for lease together with the warehouse. The common property area is not nominated for car parking or any other specific use exclusively for any of the allotments within the building in the Community Management Statement. As a result, without amending the Community Management Statement it would not be possible to nominate the common property area for car parking exclusively for one of the businesses operating from the site and as such there is uncertainty that any on site car parking for the Boarding House can be provided on site.


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Regardless, the provision of three (3) on-site car parking spaces is not considered sufficient to service the Boarding House, exclusive of the requirement for additional on-site car parking spaces for the additional uses on the site. As there are no sufficient planning grounds to justify the non-compliance, the number of car parking spaces is considered a reasonable ground for refusal of the application. Minimum Allotment Size The Planning Scheme states that a Boarding House or Hostel shall not be erected on an allotment having an area less than 1,000m2. The subject site is one allotment contained within a strata titled building, and has an area of 302m2. The area of the allotment is less than half the minimum area requirement, and no suitable grounds to support the non-compliance are evident. It is acknowledged that the building is existing however, the operation of a Boarding House on an allotment containing an area less than half the minimum area requirement is considered unsuitable, and far beyond a justifiable area of non-compliance. Other Existing Land Uses On Site The subject site has been improved by the existing building since the 1960’s with several extensions up to the 1980’s. The existing building was strata titled allowing for various separate land uses to be operate from the site. The subject allotment is located on the first floor of the building. The ground floor contains common property (a concreted area) and warehouse located slightly north of the subject allotment. It is understood that the warehouse is currently vacant. The ground floor directly below the subject allotment is a pistol club and shop. The subject allotment is not considered to be a suitable location for a Boarding House. The proposed Boarding House would be co-located with incompatible land uses, such as a shop and a warehouse within an existing building. It is expected that these incompatible land uses would reduce the residential amenity for the residents of the Boarding House. The subject allotment is not considered suitable for accommodation purposes. Communal Landscaped Open Space Area The Planning Scheme requires that Communal Open Space be provided at a minimum rate of 5m2 per bed for a Boarding House, which generates the requirement for 50m2 for the proposed development. The proposed development provides an outdoor deck and proposed spa area, which contains an area of approximately 80m2 (9.5m x 8.5m). The subject allotment is located on the first floor of the building and therefore the communal open space area will be located on the first floor, with no ground floor communal open space proposed. Although this area can be used to undertake recreational activities, it is a first floor area that does not include any landscaping. In assessing applications for Boarding Houses Council has on previous occasions allowed for some balconies to be included in the Open Space calculations on that basis that the subject site is in close proximity to other areas which provide the opportunity to undertake recreational activities such as inner city parks and the Esplanade. The subject site is not located within the vicinity of any open space areas that could be used for a variety of recreational activities by the residents of the Boarding House.


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Furthermore, the proposed Communal Open Space area is a first floor open area (on the roof of the ground floor) that will overlook the common property area and warehouse, and therefore does not allow for privacy for the utilisers from the other uses on the subject site. Conclusion The proposed development is not consistent with the intent of the Strategic Plan and specific provisions in relation to a Boarding House and is unable to comply with a requirement contained with the Development Control Plan and therefore it is recommended that the application be refused. Kym Watton Planning Officer Action Officer Nikki Huddy Manager – City Assessment


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Appendix 1


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APPENDIX 2


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APPENDIX 3


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16 OCTOBER 2003

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MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – HOSTEL (HIGH DENSITY), HOTEL & ANCILLARY COMMERCIAL FACILITIES – 86-98 SHERIDAN STREET, CAIRNS CITY – DIVISION 6 Neil Beck 8/8/495-01 #695667

PROPOSAL: HOSTEL (HIGH DENSITY), HOTEL, &

ANCILLARY COMMERCIAL FACILITIES APPLICANT: THE FRIENDLY BACKPACKERS PTY LTD C/- PLANNING FAR NORTH PTY LTD P O BOX 7801 CAIRNS Q 4870 LOCATION: 86 - 98 SHERIDAN STREET, CAIRNS CITY PROPERTY: LOT 1 ON RP729138, PARISH OF CAIRNS ZONE: CENTRAL BUSINESS STRATEGIC PLAN: CENTRAL BUSINESS DISTRICT DCP: DCP1 RESIDENTIAL DENSITIES (800 PP/HA)

DCP2 HEIGHT & IMPACT OF BUILDINGS (PRECINCT 1)

REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT 31 OCTOBER 2003 DEADLINE: DIVISION: 6 APPENDIX: 1. SITE LAYOUT PLAN & ELEVATIONS


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LOCALITY PLAN

RECOMMENDATION:

A. That Council issue a Preliminary Approval in accordance with Section 3.1.6

of the Integrated Planning Act 1997 for a Material Change of Use for land situated at 86 – 98 Sheridan Street, Cairns City, described as Lot 1 on RP729138 subject to the following code:-

Table of Development

Self-Assessable Uses

Code Assessable Uses Impact Assessable Uses

Self Assessable uses outlined in the Planning Scheme for Part of the City of Cairns for the Central Business Zone.

Hostel - High Density (not exceeding 306 beds including kitchen & manager’s unit) in association with Complimentary Commercial Facilities including Internet Area & Travel Booking Area - generally in accordance with the approved plans being Drawings No. D06/01 – D06/04 inclusive prepared by J B Design Cairns Pty Ltd dated June 2003, unless amended by conditions of this approval or conditions of the Development Permit.

Impact Assessable uses outlined in the Planning Scheme for Part of the City of Cairns for the Central Business Zone.


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1. a. The applicant is to provide a landscape open space area in

accordance with the provisions of the Planning Scheme; or b. The applicant is to provide a Landscape Open Space Area

generally in accordance with the approved plans. A contribution is to be paid for the shortfall in Landscaped Open Space in accordance with the (Draft) Cairns Inner City LAOSMP (Draft) CBD – North Cairns LAOSMP. The contribution must be paid at the rate applicable at the time payment is made. On the present method of calculation, the estimated total contribution is $11,928.80 (40.3 persons x $296) based on the provision of 1358.4m² of landscaped communal open space area. Payment is required prior to the issue of a Development Permit for Building Works.

2. The applicant is to 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. The amount of the payment and the timing of payment is to be in accordance with the requirements outlined in the Development Permit.

3. The applicant is to provide a minimum of 68 car parking spaces and 1

bus parking bay on-site. 4. The applicant/owner must contribute towards Council’s traffic

management / road upgrading program in accordance with Cairns City Precinct 1 Traffic Management Plan.

5. The proposed development is to comply with all of the provisions of

the Planning Scheme for Part of the City of Cairns except where varied by conditions of this Preliminary Approval.

B. That Council issue a Development Permit for a Material Change of Use

(Code Assessment) for the development of a Hostel - High Density (not exceeding 306 beds including kitchen & manager’s unit) in association with Complimentary Commercial Facilities including Internet Area & Travel Booking Area on land described as Lot 1 on RP729138, Parish of Cairns, located at 86 – 98 Sheridan Street, Cairns City 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 Drawing No. D06/01 – D06/04 inclusive

prepared by J B Design Cairns Pty Ltd dated June 2003 and attached as Appendix 1;

b. the plans, specifications, facts and circumstances as set out in

the application submitted to Council; and c. the provisions of Council’s Planning Scheme and Development

Manual. except where modified by these conditions of approval.

Timing of Effect 2. The conditions of the Development Permit must be effected prior to

the commencement of the use, except where specified otherwise in these conditions of approval.

Water Supply and Sewerage Contributions 3. 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.


payment for water supply and sewerage. On the present method of calculation, the estimated total headworks contributions are $209,948.19 (59.7 EDC’s) for water and $136,636.28 (59.8 EDC’s) for sewerage.

Payment is required prior to issue of a Development Permit for

Building Works. Traffic Management Contributions

4. The applicant/owner must contribute towards Council’s traffic

management / road upgrading program in accordance with Cairns City Precinct 1 Traffic Management Plan.


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The contribution is that which is current at the time of payment. The

current rate of contribution is $43,932.56 (33.7 ERA’s). Landscape Open Space Contribution 5. The applicant is to provide a Landscape Open Space Area generally

in accordance with the approved plans. A contribution is to be paid for the shortfall in Landscaped Open Space in accordance with the (Draft) Cairns Inner City LAOSMP. The contribution must be paid at the rate applicable at the time payment is made.

On the present method of calculation, the estimated total contribution

is $11,928.80 (40.3 persons x $296) based on the provision of 1358.4m2 of landscaped communal open space area. Payment is required prior to the issue of a Development Permit for Building Works.

Water Saving 6. All new 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.

Health 7. 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.

8. Staff facilities must be provided in accordance with the Workplace

Health and Safety Act and relevant Code(s) of Practice to the satisfaction of the Chief Executive Officer.

9. An area of a suitable size is to be provided at ground level to store

the number of refuse bins required to service the site. 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.

10. The proposed Hostel (High Density) must meet all requirements as

set out in Council’s Local Law No. 6 (Rental Accommodation) and Subordinate Local Law No. 8 (Rental Accommodation).


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Noise 11. Noise from either air conditioning units, swimming pool filters,

service equipment or other mechanical equipment and other noise sources 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 – Environmental Nuisance).

Lighting 12. 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).

Details of Development Signage 13. 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 Building Work. In particular, the development must provide clear and legible signage incorporating the street numbers for the benefit of the motoring public.

Landscaping

14. The applicant/owner must landscape the Sheridan Street frontage and

Grafton Street frontage of the site in accordance with Development Manual, Part 4 – Landscaping, the (Draft) CBD Landscaping Master Plan and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Carrying Out Building Work. In particular, the plan must show:

a. high quality landscaping treatments within the outdoor

recreational area; b. screen fencing on the northern boundary of the allotment;


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c. A landscape strip having a minimum width of 2 metres between

the car parking area and the Grafton Street frontage of the site. The landscape strip must contain dense plantings to form an effective visual screen;

. d. The provision of shade trees, especially in the car park and to

shade western walls; and e. landscaping of required setback areas.

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 Work.

Car Parking and Access Requirements

15. The applicant is to provide a minimum of 68 car parking spaces and 1

bus parking space on-site. 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.

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 for Building Work. In particular all car parking areas, driveways and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Parking Design 16. The parking layout must be designed in accordance with Australian

Standard AS2890.1 1993 Parking Facilities - off street car parking. In particular:

a. Manoeuvring space must be provided to enable all vehicles to

enter and exit the site in forward gear (including refuse and service/delivery vehicles);

b. Bollard lighting must be provided at the property boundary to

indicate access to the parking area; and c. The driveway serving the parking area must include a physical

means of speed control at the exit point. 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.


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Protection of Pedestrian Path From Parking

17. The pedestrian path adjacent the south east boundary of the site which adjoins the parking area must be protected from vehicular encroachment by a 150mm high vertical concrete kerb wheel stop or similar obstruction and must be submitted and approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Protection of Landscaped Areas From Parking 18. The landscaped areas adjoining the parking area must be protected

from vehicular encroachment by a 150mm high vertical concrete kerb or similar obstruction and must be submitted and approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Parking Construction 19. 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.

Parking Signage 20. The applicant/owner must erect a sign (s) 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.

On Street Works

21. The applicant/owner must at its own cost undertake the following

works external to the subject land: a. Construct a full width paved verge and appropriate landscaping

treatments in accordance with the Cairns CBD Landscape Masterplan and Council’s Development Manual to the full frontage of Grafton and Sheridan Street having particular regard to the alignment of the proposed verandah on Sheridan Street;


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b. Replace damaged sections of existing kerb and channel and

construct the missing section of kerb and channel on the Grafton Street frontage of the site;

c. Provision of two (2) concrete crossovers and aprons on the

Grafton Street frontage and one (1) concrete crossover and apron on the Sheridan Street frontage;

d. Provision of traffic islands adjacent to the entry and exit points in

accordance with the Cairns CBD Landscape Masterplan and Council’s Development Manual to ensure appropriate turning movements into and out of the site and minimise conflict with adjacent on-street parking spaces.

e. Provision of signage/linemarking to provide ‘left out only’ at the

Sheridan street exit from the site;

f. Provision of signage to clearly permit entry/exit to and from the site on the Grafton Street frontage; and

g. Remove linemarked spaces and meter posts in front of the existing

and proposed access locations on the Grafton Street frontage;

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 issue of a Development Permit for Building Work.

Bicycle Storage

22. The applicant/owner must ensure the provision of a secured, on-site bicycle storage area for residents, in accordance with the Guide to Traffic Engineering Practice Part 14 - Bicycles. This storage area shall be constructed prior to the commencement of the use.

Floor Levels (CBD and Environs) 23. All habitable floor levels in any new buildings must be located 150 mm

above the Q100 flood immunity level of 3.0 metres AHD, in accordance with Development Manual Guidelines and Planning Scheme requirements unless otherwise approved by the Chief Executive Officer.


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Drainage 24. The applicant/owner must ensure that the flow of all external

stormwater from the property is directed to a lawful point of discharge being Grafton Street and/or Sheridan 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

Building Over/Adjacent Sewer

25. The applicant must relocate the existing sewer or site the proposed

building such that the sewer is a minimum of 1.5 metres away from any building/structure.

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 carrying out Building Work.

Miscellaneous 26. The applicant/owner must ensure that the development and use of the

premises is conducted in accordance with the principles of the document entitled “Community Safety – Crime Prevention Through Environmental Design” 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.

3. The provisions of the Integrated Planning Act, the Building Act, the Fire

Safety Act, the Health Act, the Food Act 1981 and all other relevant Acts and Regulations and the Local Laws of the Council from time to time must at all times be observed and performed in relation to the land, the building and the use and occupation thereof.


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4. 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.

5. 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.

C. That the code for Short Term Accommodation within CairnsPlan identifies

those areas which are suitable to include within the calculation of open space for development within the Central Business District.

EXECUTIVE SUMMARY: Council is in receipt of a Material Change of Use (Impact Assessable) application to redevelop land located at 86 – 98 Sheridan Street for the purpose of a Hostel (High Density), Hotel and Ancillary Commercial Facilities. Whilst the application nominates Ancillary Commercial Facilities, it is Officer’s opinion that such Commercial Facilities would be more appropriately and accurately described as Complimentary Commercial Facilities. This determination has some minor implications with regard to the provision of on-site car parking. This is discussed within the relevant section of the report. The development application originally sought approval also for a Passenger Terminal, however the applicant amended the planning report and associated forms to remove all reference to the proposed Passenger Terminal. The applicant previously submitted an application seeking a Temporary Approval for the Passenger Terminal which is the subject of a separate report to be placed before Council. The proposed development is consistent with the intent of the Planning Scheme, however the proposed development does not comply with all of the specific performance standards relating to the Hostel component of the development application, namely landscaped open space. It is recommended that Council issue a Preliminary Approval for this aspect of the development in accordance with section 3.1.6 of the Integrated Planning Act (1997). There are considered sufficient planning grounds to warrant approving the development despite the non-compliance with a particular provision of the Planning Scheme. A monetary contribution is being sought in lieu of the shortfall of on-site landscaped open space. The development is recommended for approval subject to reasonable and relevant conditions.


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TOWN PLANNING CONSIDERATIONS: Subject Site The site is situated at 86-98 Sheridan Street, and is described as Lot 1 on RP 729138. The site has a total area of 6474 m2, and has frontage to Grafton Street and Sheridan Street of approximately 60.5 metres and 60.4 metres respectively. The Coles supermarket previously occupied the site. The shape of the allotment provides division between the main building fronting Sheridan Street and the rear car parking area fronting Grafton Street. The proposed development incorporates a 2 storey building comprising a Hostel (High Density), Hotel and Complimentary Commercial Facilities which will be located within the part of the site and the building previously accommodating the supermarket. Vehicular ingress will be obtained via Grafton Street with egress from the site via Sheridan Street. The part of the site previously dedicated for car parking will continue to serve the proposed development. To the north of the site, land has been developed for the purpose of retail, cafes and employment services. Development to the east of the site includes restaurants and the Grafton Street Multi-storey Car Park, and to the south, the Grafton Street cinema complex. Proposal The proposal is to redevelop the site for the purpose of a 2 storey building and associated parking facilities. The building is intended to accommodate a Hostel (High Density), Hotel and Complimentary Commercial Facilities. The ground floor of the proposed development, which will utilise the existing supermarket building will include: A pool and recreation facilities located centrally on the site; A lounge bar adjacent to the indoor/outdoor recreation area which forms the Hotel

component of the development; Hostel kitchen and dining area; 5 Commercial tenancies consisting of a Laundromat (approximately 20 m2), Food

Court (approximately 130 m2), Hostel Travel Booking Area (60m2), Internet Centre (approximately 65m2) and one vacant tenancy (approximately 120 m2), located on the Sheridan Street frontage of the site;

Hostel office, reception and bag store; 4 hostel rooms, each accommodating 4 persons; 2 hostel rooms, each accommodating 6 persons; 6 family rooms, comprising a double bed with single bunk above, each

accommodating 3 persons;


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4 family rooms comprising a double bed with single bunk above and incorporating ensuite bathrooms (disabled access), each accommodating 3 persons;

1 staff unit with 2 bedrooms; 2 male and 2 female ablution facilities; and Hostel laundry and linen store.

The total accommodation on the ground floor level comprises:

Hostel dormitory rooms: 6 Accommodating a maximum of:

28 persons Hostel family rooms: 6

Accommodating a maximum of: 18 persons

Hostel family rooms (disabled & ensuite): 4


Staff unit: 1 x 2 bedroom Unit


TOTAL: 61

Adjacent to the building at ground level provision is made for: A porte cochere; 3 bus bays; Refuse storage area; A large car parking area nominating 92 car parking spaces; and Bike store. Level 1 incorporates: 1 centrally located lounge area on the verandah 2 male and 2 female ablution facilities; 1 linen store; Wrap around verandah; 2 hostel rooms, each accommodating 10 persons; 2 hostel rooms, each accommodating 8 persons; 25 hostel rooms, each accommodating 6 persons; 9 hostel rooms, each accommodating 4 persons; 14 hostel family rooms, comprising a double bed with single bunk above, each

accommodating 3 persons; and 4 hostel family rooms comprising a double bed and single bunk above and

incorporating ensuite bathrooms, each accommodating 3 persons.


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The total accommodation on the first floor level comprises:

Hostel dormitory rooms: 38


Hostel family rooms: 14


Hostel family rooms (ensuite): 4

Accommodating a maximum of: 12

TOTAL: 276

The applicant has also advised that the proposed development will also incorporate ecologically sustainable design elements being:- Re-use of roof water for flushing, laundry, irrigation etc; Water saving equipment, SHR roses, Water Mains, taps etc; Solar hot water – heat reflective glazing; Natural ventilation/cooling in lieu of air conditioning to majority of areas; Where air conditioning is required, energy efficient systems; Building management system to control lighting, air conditioning and all electrical

supply, and hot water; Re-use of salvageable building material; Eco-friendly building products; Thermal and acoustic insulation; and Energy saving light fittings. Strategic Plan The subject land is designated Central Business within the Strategic Plan for Part of the City of Cairns. It is intended that development within this designation will promote the Central Business District of Cairns as the main shopping, business and administrative centre for the residents of Cairns whilst also providing for the consolidation of tourist accommodation, associated facilities and services within the Central Business District to promote the city centre as the regional centre for the wider Cairns region. The proposed development furthers the intent of the Central Business designation through encouraging tourist development and increased densities in locations that are characterised by high pedestrian accessibility to support facilities and other essential services. Development Control Plan 1 – Residential Densities The overall aim of the DCP is to direct the form and density of residential development in those parts of the City, which are suitable for residential development so that urban efficiency, environmental quality and housing needs can be appropriately met.


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One of the objectives of the DCP is to provide opportunities for the development of a broad range of housing and tourist accommodation so as to satisfy the housing needs of the residents of the City and the accommodation needs of visitors to the City. The site is designated Residential E – 800 persons per hectare under DCP 1. The proposed Hostel will have a maximum site population density of 520 persons per hectare and is therefore in accordance with DCP 1 – Residential Densities. Development Control Plan 2 – Height and Impact of Buildings The broad aim of the DCP is to provide measures of control in relation to the height and impact of all buildings. The DCP provides varying controls, which encourage appropriate and desirable forms of development throughout the DCP area. The site is included within Precinct 1 under the DCP. The height limit for buildings within Precinct 1 is 48 metres. The redevelopment of the existing building contained on site will result in a total building height of 10.5 metres being well below the maximum building height permitted by the DCP. Land Zoning The land is zoned Central Business. The zone is intended to accommodate a broad range of commerce, retailing, tourism, accommodation and entertainment activities that are essential in ensuring the continuation and strengthening of the viability and functions of the Central City. The development of accommodation for both tourists and permanent residents within the zone is in accordance with the intent of the zone and is encouraged. The intent for the zone also states that residential development is to be in accordance with the provisions of DCP 1 and that residential development which exceeds the Density Designation for a particular site, as indicated on the DCP 1 map, will not be permitted. The proposed use is consistent with the intent of the zone and with the DCP 1 as previously discussed. Impact of Proposal The proposal has been assessed against the relevant provisions of the Planning Scheme, particularly the provisions relating to Hostels. The results of the assessment are outlined below.


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PLANNING SCHEME REQUIREMENT PROPOSED

DEVELOPMENT COMPLIANCE

Site Requirements minimum frontage – 15 metres minimum area – 1500 m2 for development >

400 persons per hectare minimum road reserve width – 20 metres

60 metres – Sheridan St 60 metres – Grafton St 6474m2 40 metres on both streets

Complies Complies Complies

Density 800 persons per hectare

520 persons per hectare

Complies

Site Development Criteria height – 48 metres site coverage - 100% up to 11 metres plot ratio – 4:1 Maximum setback from main street frontage – 0 metres Car Parking Hostel 1 space per 10 beds plus a bus parking bay = 31 spaces + bus bay Staff Unit – 1 space Commercial Tenancies 1 space / 30m2 Food Court – 130.7m2 Hostel Internet Area – 64.9m2 Hostel Travel Booking Area – 60m2 Tenancy 1 – 119.5m2 Total = 375.1m2 = 13 spaces

10.5 metres (approx) Approx 44% Approx 0.88:1 0 metres for majority of boundaries 31 spaces + 3 bus bays 1 space 13 spaces

Complies Complies Complies Complies Complies Complies Complies (Refer to discussion below) Complies

Laundromat 0.5 space / machine = 2 spaces (4 machines) Hotel 1 space per 10m2 of Lounge / Bar area (201.9m2) = 21 spaces Total = 68 spaces + 1 bus bay

2 spaces 21 spaces 92 spaces + 3 bus bays

Complies Complies Complies


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Landscaped Open Space 5 m2 per bed (306 beds) + 30m2 for 1 x 2 bedroom unit = 1560m2

40% in one area with maximum length to breadth ratio of 2:1 which equates to 624 m2 with maximum length to breadth of 35.3 metres x 17.7 metres

1327.3m2

Indoor / outdoor recreation area of 595m2

Does not comply Requires discussion

Site Facilities provision to be made for storage and disposal

of refuse clothes drying area to be provided

Refuse area provided Laundry provided

Satisfactory Satisfactory

Cantilever awning to be constructed over footpath to Sheridan Street Footpath to be paved Landscaping to be provided to footpath and median in accordance with the draft CBD Landscape Master Plan

Pedestrian cover to be provided via a verandah Full width concrete footpath exits No existing footpath planting

Satisfactory Complies Can be conditioned if required

The calculation of on-site car parking and the provision of landscaped open space are the only aspects of the proposed development which require detailed consideration. These two issues are discussed separately below. Car Parking For the purpose of calculating on-site car parking spaces, the applicant has excluded the floor area of the commercial tenancy containing the proposed Hostel Internet Area and the Hostel Booking Area. The applicant is of the opinion that that these tenancies will be providing a service primarily to hostel patrons and as a consequence will not create an additional demand for on-site car parking. Whilst it is accepted that the tenancies are likely to be heavily patronised by the travellers staying at the Hostel, the services being offered will extend beyond those staying at the Hostel. It is noted that such tenancies have substantial exposure to Sheridan Street through being located at the entrance of the arcade. This area constitutes commercial floor area and is therefore considered appropriate to be included within the calculation of on-site car parking. Landscaped Open Space The Planning Scheme requires the provision of landscaped communal open space at the rate of 5m2 per bed and 30m2 for the 2 bedroom Manager’s Unit. The total area of open space required is 1560m2.


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The applicant has included the following areas within the calculation of landscaped communal open space and is of the opinion that the proposed development is in excess of the minimum requirements. Those areas included by the applicant is as follows:- Ground Floor outdoor recreational area containing pool and BBQ area, and landscaped islands

(426.1m2). adjoining indoor/outdoor recreational area, containing pool tables, games area and

lounge area (317m2). adjoining indoor recreational area, containing large TV screen entertainment area

and TV/reading room (262.3m2) First Floor wrap around verandah (567.6m2) central lounge area within verandah (99.7m2) Total = 1672m2 A review of the provision of landscaped communal open space areas in accordance with those previously accepted on other inner city budget accommodation facilities has resulted in a shortfall of 201.6m2 and an inability to comply with the 40% requirement in one area at a length to breadth ratio of 2:1. Council has adopted a strategy to allow for a contribution in lieu of the provision of open space. The strategy is applicable to this proposal, and it is considered that a contribution should be paid for the shortfall of 201.6m2. Those areas considered suitable to be included within the calculation of landscape open space is as follows:- Ground Floor outdoor recreational area containing pool and BBQ area (278m2). adjoining indoor/outdoor recreational area, containing pool tables, games area and

lounge area (317m2). adjoining indoor recreational area, containing large TV screen entertainment area

(195.8m2).


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First Floor wrap around verandah (567.6m2) Total = 1358.4m2 Those areas identified above have specifically excluded the common lounge areas consisting of the television room having an area of 66.5m2 and the lounge area located on the first floor having an area of 99.7m2. This determination is consistent with a recent assessment of a Hostel at 137 – 139 Lake Street. While it is accepted that the common lounge areas are suitable for passive recreation, it is not accepted that they satisfy the Planning Scheme requirement for open space. The other areas identified above have been accepted having regard to the layout of the Hostel which purposely locates the open space / recreational areas in the one area. Whilst it is accepted that not all of these features constitute landscaped open space, they do achieve a sense of recreational open space, which are interconnecting and complimentary. It is considered that these features and layout of the development satisfies the intent of this particular provision of the Planning Scheme. It is upon this basis that those areas are accepted as contributing to the calculation of landscaped open space for the purpose of the Planning Scheme. The area of the verandah on the first floor has been accepted having regard to the width of the verandah, which is 4 metres and that Council has previously accepted open verandahs as contributing towards open space. Furthermore, the layout of the open space area does not technically comply with the 40% requirement in one area at a length to breadth ratio of 2:1 (i.e 35.3 metres x 17.7 metres). Despite this area of non-compliance, no concern is raised. The layout of the development achieves the intent of this provision of the Planning Scheme which is to ensure useable open space / recreational areas. Draft CairnsPlan Within recent times, there has been an increasing number of Hostels within the Central Business District that do not comply with the landscaped open space provisions of the Planning Scheme. Despite the ability to tailor the approval to enable a monetary contribution to be made to Council in lieu of the shortfall, the determination of what constitutes landscaped open space requires clarification. Within inner city developments, which often involves redeveloping existing buildings, areas such as indoor recreational rooms containing pool tables and the like as well as large verandahs have been included for the purpose of calculating landscaped open space. Whilst this approach acknowledges the constraints of providing landscaped open space within the CBD, it has also created a situation whereby applicants are seeking to include television rooms, lounge areas and general informal areas within the calculation.


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The current open space requirement of 5m2 per bed for Hostel developments is remaining the same within CairnsPlan. It is anticipated that inner city developments will continue to fall short of being able to satisfy this provision, and therefore it would be beneficial to include within the applicable code those areas which are considered to constitute open space. It may be determined that the inclusion of verandahs and internal recreational areas are inappropriate. If necessary, the code can be amended after the first round of public consultation. Recommendation C has been worded accordingly. Public Notification/Submissions The application was advertised from 12 August to 3 September, 2003 in accordance with the requirements of the Integrated Planning Act and no submissions were received. HEADWORKS / CONTRIBUTIONS: The following Developer Contributions are applicable for the proposed development.

Element Calculation Comment ContributionWater District 10: $3,516.72/EDC

Hostel 0.2 EDC / Bed 306 beds x 0.2 = 61.2 EDC’s 1 x 2 bedroom Manager’s unit = 0.5 EDC Credit Industry / Commercial (0.5+0.1/200m2:Max 2.0 EDC’s) 6474m2 = 2.0 EDC’s Total Demand: 59.7 EDC’s

$3,516.72 x 59.7 EDC

$209,948.19

Sewerage District 23: $2,284.89/EDC Hostel 0.2 EDC / Bed 306 beds x 0.2 = 61.2 EDC’s 1 x 2 bedroom Manager’s unit = 0.6 EDC Credit Industry / Commercial (0.5+0.1/200m2:Max 2.0 EDC’s) 6474m2 = 2.0 EDC’s Total Demand: 59.8 EDC’s

$2,284.89 x 59.8 EDC

$136,636.28

Drainage No contributions applicable for the CBD & Environs Drainage Management Plan

No contributions sought

Nil

Traffic Cairns City Precinct 1 Traffic Management Plan: $1,303.64/ERA Hostel 0.1 ERA / Person 337 persons x 0.1 = 33.7 ERA’s Credit No credit applicable Total Demand: 33.7 ERA’s

$1,303.64 x 33.7 ERA

43,932.56

Landscape Open Space

(Draft) CBD – North Cairns LAOSMP Shortfall 201.6m2 Equates to 40.3 persons Rate of contribution $296 per person

40.3 persons x $296

$11,928.80


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Neil Beck Planning Officer Action Officer Nikki Huddy Manager – City Assessment


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APPENDIX 1


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16 OCTOBER 2003

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MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – TEMPORARY PASSENGER TERMINAL – 86-98 SHERIDAN STREET, CAIRNS CITY – DIVISION 6 Anna Cronin: 8/8/484-01: #657866v2

PROPOSAL: TEMPORARY PASSENGER TERMINAL APPLICANT: THE FRIENDLY BACKPACKERS PTY LTD C/- PLANNING FAR NORTH PO BOX 7801 CAIRNS QLD 4870 LOCATION: 86-98 SHERIDAN STREET, CAIRNS CITY PROPERTY: PART OF LOT 1 ON RP729138, PARISH OF

CAIRNS ZONE: CENTRAL BUSINESS STRATEGIC PLAN: CENTRAL BUSINESS DISTRICT DCP: DCP 1 – RESIDENTIAL DENSITIES – 800 PPH DCP 2 – HEIGHT & IMPACT OF BUILDINGS –

PRECINCT 1 REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: ONE PROPERLY MADE SUBMISSION AND

TWO NOT PROPERLY MADE SUBMISSIONS STATUTORY ASSESSMENT DEADLINE: 16 OCTOBER 2003 DIVISION: 6 APPENDIX: 1. PLAN OF DEVELOPMENT 2. PROPOSED BUS ACCESS ROUTE


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LOCALITY PLAN

RECOMMENDATION: That Council issue a Development Permit (Temporary Development Approval) for a Material Change of Use (Impact Assessment) for the establishment of a Temporary Passenger Terminal at 86-98 Sheridan Street, Cairns City, described as part of Lot 1 on RP729138, Parish of Cairns, 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(s) generally in accordance with:

a. The approved Plan of Development Drawing No. D04/01 dated June 2003

and prepared by JB Design Cairns Pty Ltd; b. The plans, specifications, facts and circumstances as set out in the

application submitted to Council. In particular, the frequency of arrivals and departures must be generally in accordance with the information submitted with the application; 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.


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Except where modified by these conditions of approval. Approval Period 2. This permit is valid for twelve (12) months from the commencement of the

use, or a maximum of 2 months following the establishment and operation of Queensland Transport’s Transit Centre, whichever is the earlier.

Timing of Effect 3. The conditions of the temporary permit must be effected prior to the issue of

a Development Permit for Building Work, except where specified otherwise in these conditions of approval.

Parking 4. The applicant/owner must provide at least 15 on-site car parking spaces,

two on-site mini coach bays, and two on-site coach parking spaces, including the provision of on-site parking spaces to replace any on-street parking removed, to minimise any traffic congestion on Grafton Street. In particular, the bays for mini-buses, courtesy coaches, and larger coaches must be appropriate in terms of width and length and located to minimise conflict with the coaches, provide adequate access and manoeuvring area, and pedestrian links to the temporary passenger terminal.

Amended plans demonstrating compliance with these requirements must be

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

Parking Design 5. The parking layout must be designed in accordance with Australian

Standard AS2890.1 1993 Parking Facilities - off street car parking. In particular:

a. The internal layout must be redesigned to provide acceptable turning

movements for coaches entering and exiting the Grafton Street frontage;

b. Manoeuvring space must be provided to enable all vehicles to enter and

exit the site in forward gear (including refuse and service/delivery vehicles);

c. Bollard lighting must be provided at the property boundary to indicate

access to the parking area; d. The driveway serving the parking area must include a physical means of

speed control at the exit point.


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e. Remove proposed and existing boom gates so as to provide public

ingress to and egress from the subject site. f. To improve the internal parking and manoeuvring layout to provide safe

and efficient movement of vehicles and passengers, including a clear pedestrian access to the terminal from Grafton Street frontage.

g. Details must be submitted to Council to demonstrate that coaches can

access and exit the proposed temporary passenger terminal completely from within the left hand lane of Grafton Street. This is to be demonstrated by recognised graphical method (i.e. turning templates, including Autoturn or similar).

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. Protection of Landscaped Areas From Parking 6. The landscaped areas adjoining the parking area must be protected from

vehicular encroachment by a 150mm high vertical concrete kerb or similar obstruction and must be submitted and approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Parking Construction 7. 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.

Parking Signage

8. The applicant/owner must erect a sign (s) 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 Plan

9. The applicant/owner must landscape the subject land and street frontage in accordance with Development Manual, Part 4 – Landscaping, the Cairns CBD Landscape Masterplan, 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:


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

further planting of trees and shrubs; b. The provision of shade trees within the parking, and to shade western

walls; and c. Landscaping of required setback areas, being a minimum 2 metre wide

buffer to the Grafton Street boundary and 2 metre wide buffer to the side boundaries adjoining Lot 4 on RP745773 (Shooting Star Apartments). The buffer on the side boundary must be planted and maintained with appropriate mature species being a minimum 2 metres in height to provide a definite and effective visual buffer.

d. The landscaping buffer along the Grafton Street frontage shall be

planted and maintained with dense planting sufficient to provide a definite and effective visual barrier.

e. 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.

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.

Habitable Floor Levels 10. All habitable floor levels in all buildings must be located 150mm above the

Q100 flood immunity level of 3 metres AHD, in accordance with Development Manual and Planning Scheme requirements.

Lawful Point of Discharge 11. The applicant/owner must ensure that the flow of all external stormwater

from the property is directed to a lawful point of discharge being Grafton Street and Sheridan 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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In particular, the existing drainage must be altered to ensure the on-site

parking and manoeuvring area is level with the footpath. A plan of drainage works must be submitted and be 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 the use.

General External Works 12. The applicant/owner must at its own cost undertake the following works

external to the subject land:

a. Construct a full width paved verge in accordance with the Cairns CBD Landscape Masterplan and Council’s Development Manual to the full frontage of Grafton Street;

b. Replace damaged sections of existing kerb and channel, and construct

kerb and channel on the southern end of Grafton Street frontage; c. Provision of two (2) concrete crossovers and aprons on the Grafton

Street frontage. Both crossovers must be designed to provide adequate area for turning movements of coaches;

d. Provision of temporary traffic islands immediately adjacent to the entry

and exit points in accordance with the Cairns CBD Landscape Masterplan and Council’s Development Manual to ensure appropriate turning movements into and out of the site, and to minimise conflict with adjacent on-street parking spaces. These islands are to allow for the swept paths of the coach movements identified in Condition 5(g) and to allow for re-instatement of road at the expiration of this temporary permit.

e. Provision of signage to provide ‘left out only’ at the northern end of the

site;

f. Provision of signage to clearly identify an entry and exit arrangement on the Grafton Street frontage;

h. Remove linemarked spaces in front of the existing and proposed access

on the Grafton Street frontage; and i. Relocate/remove parking meter posts outside the subject land in front

of the proposed access.

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.


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Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of the use.

Reinstatement of External Works 13. The applicant/owner must at its own cost undertake the following works

external to the subject land after the approval ceases: a. Reinstate the on-street parking along the Grafton Street and Sheridan

Street frontages;

b. Make good the kerb(s) at redundant crossover(s); c. Replace damaged sections of existing kerb and channel; d. Remove any signage erected within the road reserve; e. Erect parking meter posts outside the subject land where removed; and f. Remove temporary traffic islands on the Grafton Street frontage. The applicant shall submit an unconditional $15,000 bond to ensure that the works are completed within 1 month of the approval ceasing. 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 undertaken in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer within one month of the expiration of the approval or upon cessation of the temporary passenger terminal facility.

Lighting 14. All 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).

Advice 1. Suitable access and facilities to cater for disabled persons should be

provided within the approved development to ensure the development does not conflict with the provisions of the Disability Discrimination Act.


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2. All building site managers must take all action necessary to ensure building

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

3. 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.



5. This temporary permit in no way constitutes support for the occupation of

the subject land as a permanent Passenger Terminal. 6. In order for the temporary passenger terminal to be continued after

cessation of the approval period, the applicant must reapply for a Material Change of Use (Impact Assessment). The application must be submitted and finalised public notification prior to the approval for the temporary passenger terminal expiring.

_____________________________________________________________________ EXECUTIVE SUMMARY: Council is in receipt of an application for a Material Change of Use to establish a temporary passenger terminal located at 86-98 Sheridan Street, Cairns City. The application was advertised in accordance with the notification requirements of the Integrated Planning Act and three objections were received, with only one submission being properly made. In addition, Queensland Transport provided comments regarding the proposed development and the preferred site for a long distance transit centre. The proposal is only for a temporary passenger terminal facility and it is recommended that the passenger terminal facility be approved for a temporary period of 1 year, or until two months after the proposed integrated transport facility is established and operating rather than the requested 2 years. This is to ensure that the coach company intended to occupy the Temporary Passenger Terminal relocates to the proposed integrated transport facility proposed for Bunda Street and does not establish on the subject site as a long-term facility. TOWN PLANNING CONSIDERATIONS: Background The Trinity Wharf site is currently used for the passenger terminal site for existing long distance coaches. The imminent Cairns Port Authority redevelopment has led to the closure of the Trinity Wharf Passenger Terminal Facility.


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In 1999 Queensland Transport commissioned an investigation into feasible sites and a report came up with a number of site, with the old Cairns North rail yards on Spence and Sheridan Streets being identified as the preferred site. Following this, alternative sites were investigated, with the preferred option of locating the facility with the Cairns Central Railway Station on Bunda Street. A concept design for the Bunda Street complex was completed by Queensland Transport in May 2003 with the proposed centre receiving widespread support, including support from the two major long distance coach operators, McCafferty’s and Premier. On completion of the design Queensland Transport sought tenancy commitments from McCafferty’s and Premier Motor Service, firming up earlier indications in writing to locate at the centre. However, McCafferty’s indicated it had been approached by a developer with a proposal to exclusively co-locate with a proposed backpacker facility at the old Coles site on Sheridan Street, with potential to commit to the long-term occupation of the proposed Sheridan Street facility, subject to approval by Council. Long-term Transit Centre Council Officers and other relevant stakeholders have recently been involved in discussions with Queensland Transport regarding the development of a long distance coach transit centre at Bunda Street, which is integrated with the Cairns Railway Station at the Cairns Central Shopping Complex. Queensland Transport has indicated to Council that one of the key benefits of locating the transit centre at Cairns Central was the development of an integrated transport facility with pedestrian linkages to shopping facilities, in a central location within the city. There are concerns from Queensland Transport that any long-term commitment by McCafferty’s to occupy an alternative site will have passenger transport implications for the Cairns Region. Queensland Transport has provided the following comments in relation to the proposed temporary passenger terminal facility on the subject land: Of primary concern is the provision of safe and efficient movement of

vehicles and passengers. Any inappropriate mixing of vehicle types and pedestrians is considered to be of high risk for injury. The proposal has car parking along the front (Grafton Street) with the coaches entering angle-parking bays behind these vehicles. The buses will also reverse into the car parking bays and the shared driveway. Pedestrians will walk from those cars through to the passenger terminal past the parked buses.


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The recent study into new transit centre sites identified the inappropriate mixing of vehicles and pedestrians at the current Trinity Wharf site to be major safety issues for both operators and users. I recommend the car parking spaces are removed from the front of the site and a clear pedestrian access be provided to the terminal from the Grafton Street frontage on the northern end of the block. The terminal could be placed on the Grafton Street frontage with the car park still at the rear of the site and cars to enter from the southern end and ideally exit from the Sheridan Street site. The buses could have an exclusive lane for entry and exit.

It is a Cairns City Council matter to determine the best usage of the Grafton Street area and whether buses will be permitted to cross traffic lanes to enter or exit the site. However my recommendation is to allow only a left in and left out of the site to eliminate conflict between turning buses and through traffic. The recent transit centre study identified that access to and from a transit centre site by coach should be via a higher order road as collector roads (Grafton Street) have a dominant carparking, access and circulation function and will be unsuitable for coaches.

Queensland Transport has received noise and air pollution complaints

associated with the current Trinity Wharf Transit Facility. Council should be prepared for similar objections for the proposed site.

Other passenger transport operators and accommodation houses that

provide courtesy coach services will need parking adjacent to the site for transfer of guests and passengers in transit. I suggest Council look at allocation of parallel parking bays in Grafton Street for these vehicles to eliminate congestion that may be created if no parking provision is provided. The recent transit centre study identified that the need for space for touting by these operators was an important site issue.

Queensland Transport is facilitating the provision of a long-term solution to

the loss of the Trinity Wharf facilities. The current proposal is the Bunda Street site at the rear of the Cairns Central Shopping Centre. Queensland Transport as a long-term proposal would not endorse the temporary passenger terminal, the subject of this application.

Council Officers have noted the above comments and where appropriate conditions of approval have been included to reflect the comments, especially safe and efficient movement of vehicles and pedestrians, and additional parking spaces for other courtesy coaches, etc. Council Officers support the establishment of an integrated coach transit facility and the development of the integrated Bunda Street proposal as a long-term solution for a passenger terminal facility.


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The applicant has only applied for a temporary approval and it is recommended that the temporary approval only be granted for a maximum of 1 year to provide a temporary site for a passenger terminal or until two months after a Transit Facility is established and operating, so as not to impede the adequate provision of public passenger transport in Cairns. An advice statement has been included to advise the applicant that Council is not in favour of supporting the long-term occupation of a passenger terminal on the subject land. Proposal The proposed development is for the establishment of a temporary passenger terminal over part of Lot 1 on RP729138, located at 86-98 Sheridan Street, Cairns City. The subject land currently contains a single storey building located towards the Sheridan Street frontage, which was previously occupied by Coles supermarket, and a large parking area located towards the Grafton Street frontage. The proposed bus terminal building is located towards the Grafton Street frontage with bus parking adjacent to this building. Ingress to and egress from the site is via separate points on Grafton Street. The proposal will involve the erection of a single storey demountable building to be used as the bus terminal, containing an office, bag storage, sales area, waiting lounge, staff room, toilet facilities, and verandah. In addition, internal layout changes are proposed to accommodate access driveways, an on-site bus area, including 3 designated bus set down areas, an on-site car parking area, including approximately 25 parking spaces in proximity to the terminal building and adjacent pedestrian areas linking to the terminal building. The temporary passenger terminal intends to accommodate McCafferty’s Bus Company only, which will operate under the following timetable: Arrive Depart Approx. 5:15 am – 6:15 am 7:15 am Approx. 7:30 am – 8:30 am 9:30 am Approx. 9:00 am – 10:00 am 11:00 am 1 pm 2 pm 4:45 pm 6 pm 11:30 pm 1 am Buses due to depart from the temporary passenger terminal at 7:15 am, 9:30 am and 11:00 am are stored at a depot in Portsmith industrial area until it is time to collect passengers from the temporary passenger terminal for departure. The coaches have a seating capacity of between 48-52 people. The coaches are expected to arrive and will travel to the site via the Southern Access Road and then into Sheridan Street and then Grafton Street. The coaches will then loop back around into Sheridan Street and exit the City via the Southern Access Road. The applicant states that ‘considering the extensive use of Sheridan Street by large commercial vehicles accessing Portsmith and south of the city, the addition of 6 buses each day can readily be accommodated within the local road network’.


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The applicant requests that a temporary approval be granted for the proposed temporary passenger terminal for a maximum of 2 years, with the identification of a permanent site intended to be investigated before the 2 year temporary approval expires. A plan of development is attached at Appendix 1. On-site Parking The proposed temporary passenger terminal facility meets the minimum on-site parking requirements, which involves two car spaces and two bus spaces as determined by the amount of floor area proposed (small demountable facility only). These spaces are significantly below the spaces that will be required to accommodate the proposed temporary facility. Section 4.3.3 (l) of the Planning Scheme allows Council to modify these provisions, including the requirement to provide a greater number of parking spaces, having regard to the particular circumstances. When considering that the coaches have a seating capacity of between 48-52 people and that other types of vehicles, including courtesy coaches, taxi’s, pick up and drop off passengers, the proposed use is likely to generate a demand for more than two car parking spaces. The Long Distance Transit Centre Study (LDTCS) dated February 2000 and prepared on behalf of Department of Main Roads and Queensland Transport, identified the requirement for short and long term private vehicle parking, which could be generally based on one parking bay per two passengers, and 2 spaces per 3 staff. Council Officers are aware that outside times of arrival and departure, minimal on-site spaces will be required, however based on the information outlined in the Transit Centre study, it is reasonable to require the provision of a minimum of 26 car parking spaces for private vehicles, staff, taxi’s, etc (based on coaches having a seating capacity of 48-52 people), and a minimum of 2 mini coach parking bays be provided on-site in addition to the two coach bays to eliminate congestion on the Grafton Street frontage during pick up and drop off periods. The site has sufficient area of land to comply with the above on-site parking. A condition will be included to address the on-site parking requirements. Access The Long Distance Transit Centre Study identifies the subject land within an area intended to accommodate the retail and tourism core precincts. It further states that ‘due to the volume and intensity of the pedestrian traffic associated with the tourism and retail core precincts it would be considered undesirable to encourage additional traffic and heavy vehicles into these areas’. In addition, Council adopted the following road hierarchy strategy for CBD in June 1998: Arterial – for heavy vehicles and through traffic; Sub-arterials – for access to the CBD and collector roads; and Collector roads – for on-street parking and access to CBD businesses.


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The CBD road layout will eventually be modified to conform with the road hierarchy plan and create appropriate traffic environments. In particular, the report states that ‘collector roads will have a dominant carparking, access and circulation function and will be unsuitable for coaches. The proposed temporary passenger terminal is located on the Grafton Street frontage and access is proposed via Grafton Street. Grafton Street is identified as a Collector Road in Council’s Traffic Management Plans, and therefore access via Grafton Street is not considered a suitable access route for the proposed coaches. Council Officers agree that a passenger terminal should not be permanently established on a site with access via a Collector Road. Notwithstanding this, the proposal is only approved as a temporary passenger terminal facility for a maximum of 1 year or if in the meantime Queensland Transport establishes a new Transit Centre. Council Officers have assessed the proposed bus route and have identified the preferred route based on the road hierarchy plan. The preferred route is attached at Appendix 2 and this route will be imposed as a condition of approval to ensure that buses do not use other types of roads that are also not designated for larger vehicles. A condition of approval will be included to require appropriate external works, including verge islands to restrict the turning movements of the coach, including signage to limit access to a left in at the southern end of the Grafton Street frontage and a left out at the northern end. In addition, an amended plan of development illustrating the modifications of the internal and external parking spaces along the length of the Grafton Street frontage to provide sufficient turning movements of the coach to and from Grafton Street will be required. The on-street parking spaces that are removed will be required to be replaced on-site in order to accommodate any additional parking required for the temporary passenger terminal. The temporary passenger terminal is only intended to be a temporary facility and as such it will be a requirement to reinstate the on-street parking spaces after the approval ceases, including modification of other external works (i.e. reinstating kerb and channel and removing verge islands). A condition will be included to address this matter. Amenity/Noise The proposal involves six bus arrivals and departures, with the earliest arrival occurring around 5:15 am and the latest arrival at 11:30 pm, which leaves at 1 am. The surrounding land uses consist of the following: Retail, cafes, and employment services to the north; Leo’s Bed and Breakfast and unused Coles premises, which is intended to be

developed for Backpacker accommodation, to the west; Commercial premises, Grafton Arts complex, and Cinema complex; and Shooting Star Apartments, which are established as a Motel/Hostel/Boarding

House and Dive School adjacent to the southern boundary.


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The existing residential accommodation adjacent to the proposed development is generally for short-term accommodation, which involves transient movements and additional vehicle movements at various hours of the day, including taxis and tourist coaches. In addition, there is an ability for a range of commercial uses, including restaurants, cafes, fast food outlets, and medical centres, to be established in the Central Business zone without planning approval, which may be incompatible with residential development. Therefore other land uses, including residential development, must acknowledge that their premises may be subject to a reduced level of amenity as a result of the mixed uses likely to establish in the inner city. Council Officers recognise that this is not grounds to exacerbate the impact on the existing amenity, however it identifies that the adjoining premises is already subject to a different amenity than residential areas in the outer suburbs, in terms of noise, and vehicle and pedestrian movements. Council Officers agree with the noise report carried out by the submitter regarding the time of greatest disturbance to residents of the Shooting Star Apartments, which will occur during the night between the latest time of arrival and earliest departure. It is noted that the report states the average sound pressure is slightly below the criteria of 55dB set as the acoustic quality objective for residential areas, although these measurements were not taken over the full 24 hours (including daytime movements), which is required in the Environmental Protection Policy (Noise) 1997 (EPP). However, it is also noted that the sound pressure increased during arrival and departure times and peaks above 55dB during the bus idling period as a result of a range of noises generated from such activities, including closing/opening car doors, boots and luggage loading, car/bus brakes, motors and voices. The report concludes that the current bus terminal on Wharf Street is likely to exceed the EPP (Noise) 1997 ‘Acoustic quality objective’ of 55dB at a distance of 50 metres from the principle point source (bus), and that the proposed bus terminal on Grafton Street is highly likely to exceed the EPP (Noise) 1997. Notwithstanding the above, the report has not indefinitely determined that the proposed temporary passenger terminal will exceed the noise regulations regarding the acoustic quality objective for residential areas, and subsequently cannot be wholly dependent on refusing the proposal based on the above assumptions. It is expected that the proposal will contribute to the impacts on the level of amenity/noise exposed to premises within the inner city, however it is only an interim location for a passenger terminal facility and will be required to relocate to the Transit Centre established by Queensland Transport or upon expiration of the approved period. The following conditions will be imposed to improve the amenity of the subject site and adjoining properties: A condition will be included to ensure the proposed development meets the

requirements of the Cairns CBD Streetscape Masterplan in order to create a pleasant streetscape by establishing footpath landscaping to improve pedestrian movements. In addition, external works including verge islands will be incorporated to improve vehicle movement.


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A two metre wide landscaped buffer to be provided along the Grafton Street

frontage to screen the proposed development. A two metre wide landscaped buffer to be provided along a part of the southern

boundary adjacent to the Shooting Star Apartments consisting of a minimum 2 metre high established landscaping with appropriate species to provide a suitable screening at the time of commencing the proposal, and a minimum 1.8 metre acoustic timber screen fence, which will provide a buffer between the bus terminal and Shooting Star Apartments and other existing residential development (i.e. Leo’s Bed and Breakfast).

The ongoing monitoring of the temporary passenger terminal facility regarding noise and emissions is considered a reasonable and relevant requirement to identify the levels of noise adjoining residents are exposed to and in which the temporary facility can be assessed by the relevant authority, being the Environmental Protection Agency. Public Notification Public notification was carried out in accordance with Section 3.4 of the Integrated Planning Act 1997 between 7 July 2003 and 30 July 2003, and three objections were received. However, only one of the submissions were properly made, as the other two submissions were received after the public notification period. The main grounds of objection contained in all of the submissions can be summarised as follows: - A Passenger Terminal is dependent on long haul coach services arriving

and departing the site at the early hours of the morning through to the late hours of the night. The proposal is considered to be a high impact use with characteristics similar to other uses identified as being inconsistent with the intent of the Central Business zone and should not be considered favourably to the detriment of other uses such as the Shooting Star Apartments, which are encouraged within the zone.

The proposal is considered to be inconsistent with Council’s planning intent

for the locality evident from: a. Council’s Strategic Plan, which identifies Shields Street as being part of

a ‘Major Pedestrian/Cycleway Network’ and both Shields and Grafton Streets as being an access road, which intended as a lower order road than an ‘Arterial Road, Sub-Arterial Road and/or Distributor/Collector Road’.

b. The ‘Cairns Long Distance Transit Centre Study’, dated February 2000,

which identifies the subject land within Precinct 2, and is therefore inconsistent with the intent of the Development Control Plan for the Cairns CBD, which is understood to be reflected within Council’s current draft of the Cairns Plan.


149

c. The road hierarchy within the Transit Centre Study shows that Shields,

Grafton and Aplin Streets are not intended to be used as Arterial or Sub-arterial roads or as designated bus service access routes. As such the proposal will diminish the benefits of existing on-street works intended to improve the pedestrian environment within this part of the CBD and will give rise to increased traffic congestion and related traffic management issues.

The proposal will have a detrimental impact on the immediate local amenity

and in particular, on the residential amenity of the Shooting Star Apartments which adjoin the subject land.

The proposal in its current form is vague and full of uncertainties and should

not be entertained by Council. There needs to be a proper arrival and departure terminal that caters to all of

the inter-state, intra-state and local coach and bus companies as it will disadvantage the travelling public. There is a requirement for off-street parking and loading bays for hostel transfer vehicles.

Officers Comment The above concerns have been discussed earlier in the report. However the following further comments are made in response to the above concerns. The applicant has provided details of how the proposed development is intended to operate and the scale and intensity of the operation. A condition of approval will be included to ensure that the proposed development operates as set out in the development application to provide clear guidelines. In addition, the proposal is not intended to provide a bus terminal for all existing large passenger coaches and therefore there is not necessary to provide a large passenger terminal building to accommodate ticketing, storage of luggage and cargo, staff facilities, waiting lounge, and toilets. The extension of the temporary approval to allow the proposal to continue operating from the subject premises is generally not supported by Council Offices as discussed earlier. The approval of the temporary passenger terminal facility does not indicate Council Officers support of a longer-term facility on the subject site. This will be included as an advice statement in the recommendation. In order for the temporary passenger terminal to be continued after cessation of the approval, the applicant must reapply for a Material Change of Use (Impact Assessment). The application must be submitted and finalised public notification prior to the approval for the temporary passenger terminal expiring. This will be included an advice statement.


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Impact of Proposal Planning Scheme

Provisions Requirements Complies

Yes/No Comments

Intent of Strategic Plan

Central Business District

Potentially The temporary passenger terminal supports the development within the Central Business District as the main shopping, business and administrative centre of Far North Queensland, but it is noted that the Transit Centre study has identified more suitable sites within the CBD for the long term establishment of a passenger terminal.

Intent of Zone

Central Business zone

Potentially The proposed development is considered potentially compatible with the intent of the Central Business zone, subject to consideration of its impacts on the subject land and surrounding area.

DCP 1 – Residential Densities

800 persons per hectare

Yes The proposed development does not involve residential development.

DCP 2 – Height and Impact of Buildings

Precinct 1 Yes The proposed development meets the requirements for site coverage, plot ratio, height, and noise attenuation. The proposed setback from Grafton Street is considered suitable as the building is temporary and allows bus movements into and from the site. In addition, a condition will be included to ensure the proposal complies with the CBD Master Landscape Plan.

State Planning Policy 1/03

1/03 – Mitigation the Adverse Impacts of Flood, Bushfire and Landslide.

Yes The proposed building will be required to be located above the Q100 flood immunity level. A condition will be included to address this matter. There are no issues regarding bushfire and landslide.

State Planning Policy 1/02

Development in the Vicinity of

Yes The subject land is located outside the Australian Noise


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Certain Airports and Aviation Facilities

Exposure Contours.

On-site parking 1 space per 10m2 of lounge area plus 1 bus space per 10m2 of lounge area – 2 car spaces and 2 bus spaces.

Yes The proposal exceeds the car parking spaces and provides three bus parking spaces. Refer to discussion above.

HEADWORKS / CONTRIBUTIONS: There are no Developer Contributions applicable as the credit for the existing lot exceeds the demand for the proposed temporary passenger terminal. Anna Cronin Planning Officer Action Officer Nikki Huddy Manager City Assessment


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APPENDIX 1


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APPENDIX 2

Subject site

Grafton Street

Southern Access Road

Sheridan Street

Florence Street

Kenny Street

Draper Street

Spence Street


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PLANINNG, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE

16 OCTOBER 2003

16

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – DUAL OCCUPANCY – 8 HIBISCUS LANE, HOLLOWAYS BEACH – DIVISION 10 Kym Watton: 8/8/490-01 : #681853

PROPOSAL: DUAL OCCUPANCY APPLICANT: CON BAMBACAS C/- JEFF FOWLER DEVELOPMENT APPROVAL SERVICES PO BOX 606 SMITHFIELD QLD 4878 LOCATION: 8 HIBISCUS LANE, HOLLOWAYS BEACH PROPERTY: LOT 1 ON RP738098, PARISH OF SMITHFIELD ZONE: RESIDENTIAL 1 STRATEGIC PLAN: URBAN DCP: PROTECTION OF AIRPORT INSTALLATIONS

DCP REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: ONE (NOT PROPERLY MADE) SUBMISSION STATUTORY ASSESSMENT DEADLINE: 9 OCTOBER 2003 DIVISION: 10 APPENDIX: 1. SITE LAYOUT PLAN


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LOCALITY PLAN

RECOMMENDATION:

That Council approve the application for Material Change of Use (Impact Assessment) for development of a Dual Occupancy on land described as Lot 1 on RP738098 located at 8 Hibiscus Lane, Holloways Beach 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(s) generally in accordance with:

a. The approved plans Drawing Numbers 0302 - Sheet Number 1-4,

prepared by Gordon McClymont Architect and dated 30 June 2003. 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


Except where modified by these conditions of approval.


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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.

Water Supply and Sewerage Contributions 3. 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 $781.08 (0.20 EDCs) for water and $1,478.89 (0.60 EDCs) for sewerage.

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

Works. Traffic Management Contributions 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 contribution is $1,669.04 (1.0 ERAs).

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

Car Parking and Access Requirements 5. A minimum of 2 covered car parking spaces and 2 visitor parking space

must be provided, the visitor spaces may be in tandem.

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.


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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 and must be of stamped concrete, exposed aggregate, pavers or the like, and not of plain concrete.

Screen Fence 7. 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.


external to the subject land: a. Provision of a concrete crossover(s) and apron(s); Three (3) copies of a plan of the works must be submitted and endorsed by the Chief Executive Officer prior to the commencement of use. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to commencement of the use.

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 Works. In particular, the plan must show: a. Landscaping and/or screen fencing in the area between the dwellings to

provide privacy to the individual dwellings. Such buffer shall be planted and maintained with dense tropical landscaping sufficient to provide a definite and effective visual barrier, in particular the area between the two sets of garages.


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b. A definite and effective separation between the two driveways that

service each of the dwelling units. This area shall be of sufficient width to allow the planting of dense tropical landscaping to provide a definite and effective visual barrier. A similar treatment shall be established to the frontage adjacent to each of the side boundaries.




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.

Noise 11. 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).

Water Saving 12. All toilet devices in the development must be fitted with dual flush cisterns

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

Refuse Collection 13. 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.

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.


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EXECUTIVE SUMMARY: Council is in receipt of an application to establish a Dual Occupancy at 8 Hibiscus Lane, Holloways Beach. A proposal plan is attached as Appendix 1. The development is consistent with the intent of the Planning Scheme for the Balance of the City of Cairns and it is recommended that the application be supported subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development involves the erection of two (2) detached dwellings on a 1,193m2 allotment. Each dwelling is two (2) storeys and will contain three (3) bedrooms, internal and external living areas, and two (2) car garages. Each dwelling has balconies off the main bedroom, a swimming pool, a pathway to the dwelling and garages, and a water feature located between the detached garages and the dwellings. Surrounding development is generally single and two (2) storey detached dwellings. The subject site is currently improved by a dwelling which will be demolished to accommodate the Dual Occupancy. Due to the orientation of the allotment and the view of the ocean, the dwellings will be located side by side as an alternative to one at the front of the allotment and one at the back of the allotment. The appearance of the development will be that of two separate dwellings. The dwellings will include two single car garages each and will provide two (2) uncovered visitor car parking spaces in tandem to the garage. Eight (8) on-site car parking spaces will be provided in total. Access to both of the dwellings is proposed via Hibiscus Lane. Strategic Plan/DCP The subject site is included in the Urban preferred dominant land use designation in the Strategic Plan. The proposed development is consistent with the Urban designation.


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Land Zoning The subject site is included in the Residential 1 zone in the Planning Scheme for the Balance of the City of Cairns. The proposed development is consistent with the intent of the Residential 1 zone. Public Notification/Submissions Public notification was conducted in accordance with the provisions of the Integrated Planning Act 1997 from 18 August 2003 to 10 September 2003 and one submission was received, however the submission was submitted two (2) days after the public notification period had finished, and therefore is not considered properly made for the purpose of IPA. The main concerns raised by the submitter, and planning officer comments, are summarised below. The area is zoned Residential and the intent is single detached dwellings. Officer Comments The subject site is included in the Residential 1 zone in the Planning Scheme for the Balance of the City of Cairns. The intent of the zone is to allow for residential development predominantly in the form of single detached dwellings. However, the Planning Scheme states that Council may allow some higher density housing, however, this will be limited to small lot developments with a minimum site area of 300m2 and dual occupancy. Consequentially, although the site is zoned Residential 1, which is intended predominantly for single detached dwellings, dual occupancies are also considered consistent with the intent of the Residential 1 zoning. The street is only a lane and already has problems with car traffic and parking. The proposed development provides four on site car parking spaces for each dwelling unit (2 garages and 2 tandem spaces in the driveway). The car parks will be constructed to the appropriate standards and meet the requirements for on-site car parking for dual occupancy developments. The subject site is located on Hibiscus Lane which is identified as a Access Street on Council’s road network hierarchy. The Cairns City Council’s Development Manual states that an Access Street containing 30-200 dwellings will generate up to 300-2000 vehicle movements per day. On average a dwelling generates 10 vehicle movements per day. Therefore it is considered that Hibiscus Lane has the capacity to facilitate the proposed Dual Occupancy development. Other parts of Holloways Beach have been zoned for multiple dwellings and should be used for that purpose, not create new zonings in areas not zoned for this use.


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The proposed development is for a Dual Occupancy not Multiple Dwellings. The Planning Scheme defines Multiple Dwellings (max. 2 storeys) as any premises which comprises three or more self-contained dwelling units on any one allotment. A Dual Occupancy is consistent with the intent of the Residential 1 zone and will not result in the rezoning of the subject site. The conditions of 3.10 Dual Occupancy of the Town Planning Scheme have not been met. This issue is addressed in the Impact of Proposal section below. Referral Co-ordination The subject site is included in a Coastal Management Control District under the Beach Protection Act 1968 and consequently referral co-ordination is required, unless Council determines the application to be minor in nature. When taking into account the nature and extent of the proposed development, the comments provided by the EPA, (this Agency does not consider that the applicant requires referral coordination and would not object to a decision to deem it as minor) Council determined, under delegated authority, that the development be considered minor in nature pursuant to Section 6.1.35c(1)(a) of the Integrated Planning Act 1997 and subsequently no referral coordination has been undertaken. Impact of Proposal The matters identified in the Planning Scheme have been examined to the extent that they are relevant to the proposal and are outlined below: Planning Scheme Requirement Proposal Compliance Car Parking – 1 covered space and one visitor’s space per dwelling unit

2 covered car parking spaces, and 2 tandem uncovered spaces for each unit (total of 4 covered and 4 uncovered tandem spaces)

Complies

Maximum Site Coverage: 50% 23% Complies Maximum Building Height: 7m 6m Complies Maximum Site Density: 70 persons per hectare

50 persons per hectare (6 people on site)

Complies

Minimum Street Setback: 6m 5m to the garages. Does not comply, refer to comment below

Section 3.10 – Specific Use Provisions Character & style of buildings to be consistent with surrounding area

Dwellings will be constructed in similar materials and style as per the existing dwellings in the area

Complies

Dwelling units to be separated Units are separated by open space Complies


162

Rear unit to be obscured from street Units are side by side Does not comply –

dwellings are located side by side – refer to comment below

3m wide landscape strip to be provided along property frontage

No landscaping strip included along the property frontage

Does not comply – refer to comment below

Side Fencing: all side and rear boundaries to be provided with a 1.8m high screen fence

No fencing details are included in the design

A condition will be included to ensure compliance

Setback The Planning Scheme requires that all buildings and structures be set back at least six (6) metres from the road boundary and a minimum three (3) metre wide landscape strip is to be provided along the property frontage. The proposed garages are set back five (5) metres from Hibiscus Lane. The setbacks of existing dwellings and garages along Hibiscus Lane is varied, with numerous garages being built on the property boundary or within the 6 metre setback. A five (5) metre setback is considered to be consistent with other setbacks in the vicinity, and is considered suitable for the proposed development. The proposed development does not include a 3 metre wide landscape strip along the property frontage. Each of the dwelling units will include two single car garages and two visitor car parking spaces. The visitor spaces will be in tandem to the garages and are therefore located within the 5 metre setback. Consequently the 5 metre setback will be hard surfaced to accommodate driveways and car parking spaces, not landscaped. Conditions have been included requiring that some landscaping be established within the setback area. This is discussed in the Car Parking section below. Car Parking Each dwelling will include two single car garages each and will provide two (2) uncovered visitor car parking spaces in tandem to the garages. Eight (8) on-site car parking spaces will be provided in total. As the visitor car parking spaces are to be provided in tandem to the garages for each dwelling, the front setback area will be hard surfaced. To soften the appearance of the hard concrete surfaces a condition has been included requiring that a densely planted landscape island be established between the driveways and adjoining the side boundaries at the property frontage. In addition to this a condition requiring that the concreted area to be used for driveways and visitor car parking be stamp concreted, exposed aggregate, pavers, or the like, and not plain concrete.


163

Position of Dwelling Units The Planning Scheme states that dwelling units of a dual occupancy development are encouraged to be positioned upon an allotment such that when viewed from a given frontage, the rear dwelling unit is predominantly obscured by the front dwelling unit, landscaping, existing vegetation or a combination of the above. The proposed development involves the dwelling units being positioned side by side, and will generally have the appearance of two separate dwellings. The applicant has advised that the dwelling units are positioned side by side to ensure that views of the ocean are maintained for both dwellings, and to take advantage of the orientation of the allotment. The proposed development is setback 5 metres from Hibiscus Lane and 10 metres from the Esplanade. If the dwellings were to be positioned so that one was at the front of the property and the other at the rear of the property the 10 metre setback from the Esplanade could not have been achieved. As the Esplanade is a sensitive area, the proposed 10 metre setback from the Esplanade and 5 metre setback from Hibiscus Lane is far more suitable than the likely setbacks that would result in the positioning of the dwelling units one behind the other. The proposed Dual Occupancy has been well designed and incorporates large open space areas, privacy for the residents of each dwelling, eight on site car parking spaces and is of similar design to the existing style and character of the existing detached dwellings along the street. Furthermore, the proposed development is set back 10 metres from the sensitive Esplanade area minimising further damage to the area. The siting of the dwellings side by side is considered suitable in this instance. HEADWORKS / CONTRIBUTIONS: The following Headworks Contributions are applicable to the proposed development. Element Comment Calculation Contribution Water Supply

District 8, Barron Delta: $3,905.42 / EDC 2 x 3bdrm dwellings – 1.40 EDC Less credit for existing residential lot 1,101m2 – 1,500m2 – 1.20 EDC Net Demand: 0.20 EDC

0.20 EDC x $3,905.42 $781.08

Sewerage

District 18, Holloways Beach: $2,464.82 / EDC 2 x 3 bdrm dwellings – 1.60 EDC Less credit for existing residential lot 1,101m2 – 1,500m2 – 1.0 EDC Net Demand: 0.60 EDC

0.60 EDC x $2,464.82 $1,478.89


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Traffic District 16, Holloways: $1,669.04 / ERA

2 x single dwellings – 2.0 ERA Less credit for 1 single dwelling – 1.0 ERA Net Demand: 1.0 ERA

1.0 ERA x $1,669.04 $1,669.04

Drainage Not included in a Drainage Management Plan

Not Applicable Nil

Open Space

Not involving subdivision of land Not Applicable Nil

Kym Watton Planning Officer Action Officer Nikki Huddy Manager City Assessment


165

Appendix 1


166


167


168


169


170


16 OCTOBER 2003

17

RECONFIGURING A LOT – CREATION OF AN ACCESS EASEMENT – BUTTIGIEG ROAD, EAST RUSSELL – DIVISION 1 Peter Boyd: 8/13/660-01 : #694831

PROPOSAL: RECONFIGURING A LOT (CREATION OF AN

ACCESS EASEMENT) APPLICANT: W GOLDSWORTHY C/- ROBERT BASS 11 JADE CRESCENT LAKE PLACID QLD 4878 LOCATION: BUTTIGIEG ROAD, EAST RUSSELL PROPERTY: LOT 7 ON RP744250 ZONE: RURAL STRATEGIC PLAN: RURAL DCP: NONE APPLICABLE REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 30 OCTOBER 2003 DIVISION: 1 APPENDIX: 1. SITE LAYOUT PLAN


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LOCALITY PLAN

RECOMMENDATION:

That Council approve the application to create an access easement over land described Lot 7 on RP744250, Parish of Nares, in favour of Lot 2 on RP720205, Parish of Nares, located at Buttigieg Road, East Russell, subject to the following conditions: - Assessment Manager Conditions 1. The proposed Plan No. 9703-G0L1 Issue A, dated 9 July 2003, attached as

Appendix 1 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 access easement 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.


Buttigieg Access

Clyde Road

Babinda


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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.


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.

2. At the time of submitting the survey plans for signing and dating, the

applicant is to submit digital cadastral information in an Autocad dwg, Dxf or MapInfo mid/mif format. Media format for acceptance of digital information is preferably CD or disk. The applicant is to supply the data in Geocentric Datum Australia (GDA) MGA 94 Zone 55. Where this is unavailable, the files should contain the surrounding/adjacent existing parcels or bounds of the subject parcel to enable identification/location of the data.

Electronic Information 3. For information relating to the Integrated Planning Act 1997 log on to


EXECUTIVE SUMMARY: Council is in receipt of an application, which requests approval for the establishment of an access easement (Reconfiguring a Lot) over part of Lot 7 on RP744250 in favour of Lot 2 on RP720203. The subject site is located at Buttigieg Road, East Russell. The applicant is currently the owner of both premises. The access easement over Lot 7 will enable Lot 2 to have lawful access to Buttigieg Road. Council approved an access easement over an adjoining property at the 28 August 2003 Ordinary Meeting for this purpose. This easement is not longer preferred as potential purchasers were not content with an easement existing over their property. The proposal has been assessed against the relevant provisions of the Planning Scheme for the Balance of the City of Cairns and is deemed acceptable. Therefore the application is recommended for approval subject to reasonable and relevant conditions.


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PLANNING CONSIDERATIONS: Proposal The proposed development involves the creation of an access easement over Lot 7 on RP744250 in favour of Lot 2 RP720205. No additional allotments will be created as part of this reconfiguration. The owner of the site would like to have the ability to sell Lot 2 whilst providing lawful access to Buttigieg Road. There is currently no lawful access to this lot as the allotment has no frontage to Buttigieg Road. Subsequently the owner requests an access easement over Lot 7 in favour of Lot 2 so that minimal works will be required to provide adequate access to the site. PLANNING SCHEME PROVISIONS:

Planning Scheme Provisions

Requirements Complies Yes/No

Comments

Intent of Zone

Rural Yes


Rural Yes

Intent of DCP

NA NA

HEADWORKS / CONTRIBUTIONS: The proposed boundary realignment will not be creating any additional allotments and therefore no contributions are payable. Peter Boyd Planning Officer Action Officer Nikki Huddy Manager – City Assessment


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APPENDIX 1


175


16 OCTOBER 2003

18

RECONFIGURING A LOT (BOUNDARY REALIGNMENT) – GILLIES HIGHWAY, LITTLE MULGRAVE – DIVISION 1 Peter Boyd: 8/13/658 : #694257

PROPOSAL: RECONFIGURING A LOT (BOUNDARY

REALIGNMENT) APPLICANT: RA & ME MOSS C/- BRAZIER MOTTI PO BOX 1185 CAIRNS QLD 4870 LOCATION: GILLIES HIGHWAY, LITTLE MULGRAVE PROPERTY: LOT 6 ON SP146129 AND LOT 1 ON NR3905 ZONE: RURAL STRATEGIC PLAN: RURAL AND RURAL CONSTRAINED DCP: HILLSLOPES CATEGORY B - CONSTRAINED REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 29 OCTOBER 2003 DIVISION: 1 APPENDIX: 1. SITE LAYOUT PLAN


176

LOCALITY PLAN

RECOMMENDATION:

That Council approve the application to reconfigure the common boundary of land described as Lot 6 on SP146127 and Lot 1 on NR3905, Parish of Grafton, located at Gillies Highway, Little Mulgrave, subject to the following conditions: - Assessment Manager Conditions 1. The proposed plan Drawing No. 30211_002A dated 18 August 2003 and

submitted to Council on 17 September 2003, 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;


Lot 6

Lot 1


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Timing of Effect 2. The conditions of the development permit must be effected prior to 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 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.







EXECUTIVE SUMMARY: Council is in receipt of an application for a boundary realignment at the Gillies Highway, Little Mulgrave.


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The purpose of the boundary realignment is to create allotments that are not divided by the Gillies Highway. Currently Lot 6 is split by the Gillies Highway and does not represent the most suitable configuration for viable agricultural practices. Both of the existing allotments do not comply with all relevant Planning Scheme provisions in relation to the minimum allotment size and dimensions and will simply legitimise the current practical configuration created by the alignment of the Gillies Highway. Both of the allotments are not connected to sewer or water supply infrastructure. The boundary realignment will not result in further fragmentation of the rural landscape and as such the proposed boundary realignment is recommended for approval subject to reasonable and relevant conditions. PLANNING SCHEME PROVISIONS:



Comments

Intent of Zone

Rural Yes


Rural Yes

Intent of DCP

NA NA

Table E-1 Requirements Proposal Comments Minimum Lot size

40ha Lot 61 –34.46 ha Lot 62 – 2.36 ha Neither proposed lots comply.

Existing Lot 6 – 34.92 ha Lot 1 – 1.8 ha The proposed realignment will create two allotments that do not comply with this provision. See comment below.

Minimum Dimensions

250m x 250m Lot 61 - Yes Lot 62 - No

Existing Lot 1 and Proposed Lot 62 do not comply with this provision. See comment below.

Minimum Lot Size The proposed and existing configuration each contain one allotment that meets the requirements of the Planning Scheme and one that does not, that being the smaller parcel in both instances. The proposed boundary realignment will result in one larger parcel of good quality agricultural land and a smaller allotment more suited for a dwelling house. The overall change in allotment size is considered minimal. The proposal is simply legitimising the current practical configuration of the lots as a result of the alignment of the Gillies Highway. The proposed boundary realignment is in accordance with the State Planning Policy 1/92 Development and the Conservation of Agricultural Land which aims to protect land from developments that lead to diminished productivity. In particular section 4.8 of the policy provides that ‘A proposed use which would not permanently alienate the land from agriculture would not be contrary to the Policy’.


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Minimum Dimensions Although the proposed Lot 62 does not satisfy the Planning Scheme requirement of being capable of containing a rectangle measuring 250m x 250m, the proposed Lot 62 will result in a larger parcel of quality agricultural land being created. Proposed Lot 61 is capable of containing a rectangle measuring 250m x 250m. HEADWORKS / CONTRIBUTIONS: The proposed boundary realignment will not be creating any additional allotments and therefore no contributions are payable. Peter Boyd Planning Officer Action Officer Nikki Huddy Manager City Assessment


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APPENDIX 1


181


16 OCTOBER 2003

19

RECONFIGURING A LOT (1 LOTS INTO 9 LOTS) – 900 ILLAWARRA STREET, CARAVONICA – DIVISION 12 Peter Boyd: 8/13/617 : #696912

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 9 LOTS) APPLICANT: RED PEAK FOREST ESTATE PTY LTD C/- GHD PTY LTD PO BOX 819 CAIRNS QLD 4870 LOCATION: 900 ILLAWARRA STREET, CARAVONICA PROPERTY: LOT 900 ON SP152636, PARISH OF

SMITHFIELD ZONE: RESIDENTIAL 2 AND RURAL STRATEGIC PLAN: URBAN AND RURAL CONSTRAINED DCP: HILLSLOPES DCP – CATEGORY A –

UNCONSTRAINED; CATEGORY B – CONSTRAINED; CATEGORY C - RESTRICTED

REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: EXPIRED DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN 2. APPROVED PLAN FROM COURT ORDER


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LOCALITY PLAN

RECOMMENDATION:

That Council refuse the application to reconfigure land described as Lot 900 on SP152636, Parish of Smithfield, located at Illawarra Street, Caravonica, into 9 lots, for the following reasons:- 1. The proposed reconfiguration does not reflect the intent of the conditions of

the previous approval as provided in the Court Order from P&E Appeal No. 12 of 1999.

2. The proposed plan deviates from the approved plan in that the road

alignment is now contained internal to the development as opposed to running along the bank of Avondale Creek, which does no reflect the open space values of Part H of the Planning Scheme.

3. The application and subsequent development does not advance the purpose

of the Integrated Planning Act, including but not limited to, the following:- a. ensuring the sustainable use of renewable natural resources and

prudent use of non-renewable natural resources. 4. The approved plan for 15 allotments represents a higher and better use for

the land and is considered to be a better planning solution than the proposed 9 lot development.

Fig Tree Drive

Area subject to current application

Brinsmead Kamerunga Road


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5. The applicant has failed to address the ability of the proposed road

alignment to connect with future stages of development that are approved. EXECUTIVE SUMMARY: Council has received an application to reconfigure land within the Residential 2 zone into 8 residential lots and a balance lot. The application by Red Peak Forest Estate Pty Ltd covers the next stage of the ‘Red Peak Forest Estate’ in Caravonica being Stage 7A. All of the allotments proposed are between 801m² and 2,389m², with a balance lot of approximately 205 hectares located off Red Peak Boulevard, Caravonica. A proposal plan is attached as Appendix 1. The area covered by this application already has an approval for Reconfiguring a Lot for 15 allotments. The applicant has proposed to amend the layout, and create only 9 allotments. This development is substantially different to the original, including a different location for the road. The lot reconfiguration has been assessed and the proposal does not offer a desirable form of development, it does not reflect the Preliminary Approval and it does not support the planning intent of the Planning Scheme. The application is recommended for refusal.

BACKGROUND Council at its meeting of 6 April 1999 considered an application for Preliminary Approval to Reconfigure a Lot to create 183 allotments. The development was recommended for approval, and the application was eventually approved by Court Consent order. The reconfiguration is now known as Red Peak Forest Estate. A detailed assessment of the application was undertaken and in particular the application was referred to the following referral agencies:- Cairns City Council Department of Natural Resources Environmental Protection Agency Department of Primary Industries - Fisheries Department of Main Roads Queensland Transport Wet Tropics Management Authority. The final approval took into consideration the requirements of these agencies, and of particular relevance to the current application are the following points: The development proposed to provide a range of allotment sizes to meet the intent

of the Residential 2 zone. Some minor changes would be required to the reconfiguration layout prior to seeking

a Development Permit. The changes would be mainly to improve pedestrian and cycle circulation, and improve the reconfiguration layout.


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Council at its meeting of 30 August, 1999 approved the application that created 15 allotments (the final approved plan is attached). During the assessment consideration was given to a number of points, the relevant items are included as follows: Given the environmental values of the area, it has been identified a need exists to

establish a riparian corridor along Avondale Creek. All allotments (except allotment 1) are required to be setback approximately 15 metres from Avondale Creek within this stage.

It is proposed no residential allotments should be located closer than 40 metres

from the top bank within the section of Avondale Creek described as Reach 3 (allotment 1). A report submitted to Council identified this section of Avondale Creek contains steep slopes and disturbance closer than 40 metres is liable to accentuate siltation and edge effects on adjacent downstream gallery forest vegetation.

This application is contained in the Hillslopes Category A area – relatively

unconstrained and therefore not considered an area of visual prominence. As the subject land has a common boundary with a Wet Tropics World Heritage

area, comments were sought from the Wet Tropics Management Authority. The Authority emphasised the importance of riparian vegetation as a habitat corridor and the need to enhance these corridors. Lastly it was raised that the possible recreation opportunities associated with the ongoing development of the subdivision should be evaluated, e.g. developing walking tracks.

TOWN PLANNING CONSIDERATIONS: The proposed development is for reconfiguration of land described as Lot 900 on SP152636 having an area of 207 ha into eight lots with areas between 801m2 and 2,389m2 and a balance allotment of approximately 205 ha. The subject site currently has road frontage to Red Peak Boulevard. The proposed reconfiguration does not reflect the intent of the conditions of the previous approval as provided in the Court Order from P&E Appeal No. 12 of 1999: In particular the proposed plan deviates from the approved plan in that the road alignment is now contained internal to the development as opposed to running along the bank of Avondale Creek which restricts pedestrian access to the drainage / open space area. The road is also split level which reduces pedestrian flows through the site. While the Planning Scheme does not have a maximum lot size for land in the Residential 2 zone, consideration should be given to the future utility of the allotments. The proposed lots 5 – 8 are 1663m2 or greater. Lots 5 and 6 in particular are long and narrow. This shape does not readily lend itself to further subdivision or small lot housing. Council may recently recall an application in English Street for units, which was approved as there was limited scope in the Planning Scheme to refuse it, despite the poor design and amenity issues resulting from the narrowness of the site.


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It is not desirable to approve allotments that cannot be easily re-developed in the future. This is of particular significance on the subject site, as the zone is Residential 2, which does provide scope for higher density development. The retention of the riparian buffer along Avondale Creek for open space as per the Court Order from P&E Appeal No. 12 of 1996 demonstrates compliance with Part H of the Planning Scheme. However, the proposed plan does not reflect the performance criteria of the Open Space values contained in Part H. In regard to the provision of roads along parks and watercourses, it has been a previous approach of Council to require a minimum of 40% of such open space areas to have road frontage. This approach has again been reflected in recent development approvals. The intent behind the approach is to maximise the visibility of the riparian corridor for access, amenity and CEPTED principles. Allotments that back on to open space and / or riparian corridors also pose significant maintenance issues due to the illegal dumping of rubbish by residents, and the increased potential for vermin. Further, there are also access and maintenance issues for Council due to the encroachment of allotment boundaries into these areas. Part H of the Planning Scheme further states that a diversity of settings should be provided through the linkage of natural areas along waterways and through the diversity if natural settings. The existing approved plan demonstrates desirable compliance with this intent, as a pathway would be provided in this buffer zone. The current proposal plan does not provide as desirable a solution. The applicant has failed to provide further information showing how the amended design will fit with future stages. It is undesirable to approve a stage, without knowing the relationship between the development and future stages – again as it impacts on the future utility of the balance land. Given the predicted future population growth for Cairns in the next 10 – 20 years, it is imperative for applications such as this to support or facilitate efficient residential development in the future. Planning Scheme Provisions



Comments

Intent of Zone

Residential 2 Yes


Urban Yes

Intent of DCP

Hillslopes Yes See Comment


600m² Yes

Minimum Dimensions

20m x 40m Yes


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Hillslopes Development Control Plan Although the site is within all three designations of the Hillslopes DCP, the current application is wholly within the Category A (Unconstrained) designation. The proposed reconfiguration demonstrates compliance with the intent of this designation. Peter Boyd Planning Officer Action Officer Nikki Huddy Manager City Assessment


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Appendix 1


188

Appendix 2


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16 OCTOBER 2003

20

RECONFIGURING A LOT (1 LOTS INTO 12 LOTS) – 447 VARLEY STREET, YORKEYS KNOB – DIVISION 10 Peter Boyd: 8/13/649 : #696867

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 12 LOTS) APPLICANT: HEDLEY CONSTRUCTIONS PTY LTD PO BOX 5902 CAIRNS QLD 4870 LOCATION: 447 VARLEY STREET, YORKEYS KNOB PROPERTY: LOT 1 ON RP710460, PARISH OF SMITHFIELD ZONE: RESIDENTIAL 1 STRATEGIC PLAN: URBAN DCP: HILLSLOPES DCP – CATEGORY A -

UNCONSTRAINED PROTECTION OF AIRPPORT INSTALLATIONS DCP – CATEGORY B – UNCONSTRAINED LOCAL LAW 24 – VEGETATION PROTECTION

REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 4 NOVEMBER 2003 DIVISION: 10 APPENDIX: 1. SITE LAYOUT PLAN


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LOCALITY PLAN

RECOMMENDATION:

That Council approve the application to reconfigure land described as Lot 1 on RP710460, Parish of Smithfield, located at 447 Varley Street, Yorkeys Knob, into 12 lots, subject to the following conditions:- Assessment Manager Conditions 1 The proposed plans submitted to Council on 7 October 2003, are approved

subject to any alterations: a. Found necessary by the Council at the time of examination of the




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


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payment. On the present method of calculation, the estimated total headworks contributions are $39,714.60 (10.7 EDCs) for water, and $33,913.45 (11 EDCs) for sewerage.

Payment is required prior to approval and dating the Plan of Survey.. Traffic Management Contributions 4. The applicant/owner must contribute towards Council's Traffic



current rate of contribution is $30,618.81 (11 ERAs). Payment is required prior to approval and dating the Plan of Survey..

Park Contribution In Lieu Of Land 5. 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 Plan 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 $13,738.57

Water Supply and Sewerage Works 6. 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.


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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.


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.

Minimum Fill And Habitable Floor Levels 7. All habitable floor levels in all buildings must be located 150mm above the

Q100 flood immunity level of 3.8 metres AHD, in accordance with Development Manual and Planning Scheme requirements.

Soil and Water Management Strategy 8. 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.

LANDSCAPING AND SCREENING REQUIREMENTS Landscaping Plan 9. The applicant/owner must landscape the area between the cul-de-sac heads

and the 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. Planting of the footpath with trees, using appropriate species with

regard to any overhead powerline constraints;


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Any common boundaries with Council esplanade parkland, general parkland

or drainage reserves must be temporarily delineated and fenced off to restrict building access for the duration of construction activity.

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.



Protection of Landscaped Areas From Parking 10. The landscaped areas adjoining the parking area must be protected from

vehicular encroachment by a 150mm high vertical concrete kerb and traffic bollards or similar obstruction and must be submitted and approved by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

11. The applicant/owner must landscape all street frontages to new allotments

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.



a. Construct two (2) cul-de-sac turning areas to the existing Cunningham Street road stubs, in accordance with Council’s Development Manual and Queensland Streets, including provision two (2) parking bays at each cul-de-sac;

b. Construct a 2.0 metre wide concrete footpath to Varley Street frontage;

c. Construct a 1.5 metre wide concrete footpath between the two cul-de-

sac heads;

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


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Electricity and Telecommunications 13. 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.


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.







EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land within the Residential 1 zone into 12 residential lots at Varley Street, Yorkeys Knob. The proposed development is able to demonstrate compliance with the performance standards and provisions of the Planning Scheme for the Balance of the City of Cairns and is recommended for approval subject to conditions. Background Council received an application for a Material Change of Use for 32 Multiple Dwellings (2 Storeys) on the site in August this year. This application required public notification and Council received many submissions against the proposal. Due to the community stance that was taken, this application was withdrawn at the applicant’s request and an application for Reconfiguring a Lot was made to Council.


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Although it is stated in the Table of Development for the Residential 1 zone that the construction of a Dwelling House on land less than 600m2 is not ‘as-of-right’ development, the applicant did not address the necessity for the Material Change of Use in their current reconfiguring a lot application. Council Officer’s have liased with the applicant and have informed them that this additional application is required before a Development Permit for Building Work can be issued for the dwelling houses. It is anticipated that this application will be submitted to Council by the end of October. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is for reconfiguration of land described as Lot 1 on RP710460 having an area of 8,094m² into twelve lots with areas less than 600m2. The subject site currently has road frontage to both Cunningham and Varley Streets. The extension of Cunningham Street will be in the form of two cul-de-sacs that contain two on street car parks in addition to the establishment of a vegetated buffer. The proposed reconfiguration will result in eight allotments having road frontage to Cunningham Street and four allotments having road frontage to Varley Street. Planning Scheme Provisions



Comments

Intent of Zone Residential 1 Yes See comment below. Intent of Strategic Plan

Urban Yes

Intent of DCP Airport Yes Table E-1 Requirements Proposal Comments Minimum Lot size 600m² No See comment below. Minimum Dimensions

15m x 20m No See comment below.

Land Zoning The subject site is included within the Residential 1 zone. The construction of a Dwelling House on land less than 600m² in the Residential 1 zone will require a Material Change of Use (impact assessment) application to be made to Council. This application will require public notification in this zone. It is anticipated that this application will be made to Council in the near future. Minimum Lot Size The proposed allotments do not satisfy the minimum allotment size for the Residential 1 zone. The proposed allotments have dimensions of approximately 14m x 40m and have areas less than 600m². The proposed plan submitted to Council nominates building envelopes for the construction of residential dwellings. Building envelopes have been incorporated in this application to ensure that the allotments are suitable for residential development.


196

Approval of the current application does not reflect approval by Council of Dwelling Houses on the proposed allotments. Minimum Dimensions The proposed allotments do not satisfy the Planning Scheme requirement for the minimum dimensions of 15m x 20m. The proposed allotments are capable of containing a rectangle measuring approximately 14m x 20m. The building envelopes proposed demonstrate that residential development can occur on the site. HEADWORKS / CONTRIBUTIONS: The following developer contributions are applicable for the proposed development. Element Comment Calculation Contribution Water Supply

District 6: $3,711.64/EDC 12 Lots between 401m2 – 900m2 – 12.0 EDC Less credit for existing lot >1,500m2 – 1.30 EDC Net Demand: 10.7 EDC

10.7 EDC x $3,711.64 $39,714.60

Sewerage District 15: $3,083.04/EDC 12 Lots between 401m2 – 900m2 – 12.0 EDC Less credit for existing lot >1,500m2 – 1.0 EDC Net Demand: 11.0 EDC

11.0 EDC x $3,083.04 $33,913.45

Traffic District 15: $2,783.53/ERA 12 Single Dwellings – 12.0 ERA Less credit for existing single dwelling – 1.0 ERA Net Demand: 11.0 ERA

11.0 ERA x $2,783.53 $30,618.81

Drainage Not included within a Drainage Management Plan

Not Applicable Nil

Open Space

10% of UCV of new lots

UCV - $160,000 Number of lots – 12 Area of new lots – 0.695ha

$13,738.57

Peter Boyd Planning Officer Action Officer Nikki Huddy Manager City Assessment


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Appendix 1


198


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16 OCTOBER 2003

21

RECONFIGURING A LOT – CREATION OF AN ACCESS EASEMENT - 97-99 SCOTT STREET, BUNGALOW – DIVISION 5 Neil Beck: 8/13/662-01 : #695718

PROPOSAL: CREATION OF AN ACCESS EASEMENT APPLICANT: C & S BARADEL & LYLAND MANAGEMENT

SERVICES PTY LTD C/- G POZZI P O BOX 152 TRINITY BEACH LOCATION: LOTS 5 & 6 ON RP720228, PARISH OF CAIRNS PROPERTY: 97-99 SCOTT STREET, CAIRNS CITY ZONE: LIGHT INDUSTRY STRATEGIC PLAN: MIXED USE (AREA 10) DCP: DCP 2 – HEIGHT & IMPACTS OF BUILDINGS

(PRECINCT 5) REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 17 OCTOBER 2003 DIVISION: 5 APPENDIX: 1. SITE LAYOUT PLAN


200

LOCALITY PLAN

RECOMMENDATION:

That Council approve the application for the creation of a reciprocal access easement over land described as Lot 5 & 6 on RP720228, Parish of Cairns located at 97 – 99 Scott Street, Bungalow subject to the following conditions:- ASSESSMENT MANAGER CONDITIONS 1. The proposed plan being Drawing No. 03/260 dated September 2003

prepared by G.T Pozzi Licensed Surveyor is approved subject to any alterations:-

a. To ensure that the reconfiguration complies in all respects with the


EXECUTIVE SUMMARY & TOWN PLANNING CONSIDERATIONS: Council is in receipt of a reconfiguration application for the registration of a reciprocal access easement having a width of 4.8 metres over land described as Lot 5 & 6 on RP720228 located at 97 – 99 Scott Street, Bungalow. A proposal plan is contained at Appendix 1.


201

The purpose of the application is to formalise current access arrangements to each of the existing buildings contained on each of the allotments and to formalise access to the rear of the allotments prior to disposing of Lot 5. Approval of the application is recommended. Neil Beck Planning Officer Action Officer Nikki Huddy Manager – City Assessment


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APPENDIX 1


203

PLANNING DEVELOPMENT & COMMUNITY SERVICES COMMITTEE

16 OCTOBER 2003

22

RECONFIGURATION OF A LOT (1 LOT INTO 2 LOTS) LOT 50 PANGUNA STREET, TRINITY BEACH – DIVISION 12 Kym Watton: 8/13/623-01 : #678937

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 2 LOTS) APPLICANT: DT & MF WALLACE C/- G T POZZI P O BOX 152 TRINITY BEACH Q 4879 LOCATION: LOT 50 PANGUNA STREET, TRINITY BEACH PROPERTY: LOT 50 ON RP728028, PARISH OF SMITHFIELD ZONE: LOW DENSITY RESIDENTIAL STRATEGIC PLAN: LOW DENSITY RESIDENTIAL DCP: HILLSLOPES DCP – CATEGORY B -

CONSTRAINED REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 21 OCTOBER 2003 DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN


204

LOCALITY PLAN

RECOMMENDATION:

That Council approve the application to reconfigure land described as 50 on RP728028, Parish of Smithfield, located at Lot 50 Panguna Street, Trinity Beach into 2 lots, subject to the following conditions:- Assessment Manager Conditions 1. The proposed Plan of Development Drawing No. 03/150 (Sheet 3) dated

October 2003 and prepared by G.T. Pozzi is approved subject to any alterations:

a. Found necessary by the Council at the time of examination of the




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


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Water Supply Contributions 3. 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.


payment. On the present method of calculation, the estimated total headworks contributions are $2,010.72 (1.30 EDCs) for water.

Payment is required prior to the approval and dating of the survey plan. Park Contribution In Lieu Of Land 4. 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 $13,400.00. Council will not require a contribution if it can be demonstrated that a contribution has been previously provided.

Water Supply and Sewerage Works 5. 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.


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 commencement of the use.


206


from the property is directed to a lawful point of discharge being Panguna 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.

On-Site Sewerage Disposal 7. 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 each allotment 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.

The plan must be accompanied by a report, inclusive of supporting calculations and site investigations, for each site 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.

8. The applicant/owner must, at no cost to Council, prepare legal documents to provide for an access easement in accordance with the approved plan. An easement for maintenance of the driveway batter, and for the provision of services shall also be provided. A copy of the easement documents must be submitted to Council for approval. The easement documents must be lodged and registered in the Department of Natural and Mines in conjunction with the Plan of Survey for Reconfiguration.








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EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land within the Low Density Residential zone into 2 residential lots at Lot 50 Panguna Street, Trinity Beach. The proposed development is considered to be in accordance with the performance standards and provisions of the Planning Scheme for the Balance of the City of Cairns and is recommended for approval subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is for the reconfiguration of land described as Lot 50 on RP728028 having an area of 11,460m2 into two lots with areas of 7,510m2 (Proposed Lot 150) and 3,950m2 (Proposed Lot 50). The subject site is currently improved by a dwelling. Access Access to the allotments is proposed via Panguna Street. The subject site is currently accessed via a constructed concrete driveway. The applicant originally proposed to have two allotments with an access easement over the driveway providing access to both proposed allotments. However, during the Information Request stage of the application it was advised that Council would prefer that the proposed access easement, instead be an access leg in favour of proposed Lot 150, to ensure that proposed Lot 150 has road frontage. Consequently the proposed plan was amended and a battle-axe configuration is proposed, and the existing driveway will be subject to access easement allowing for both allotments to gain access from Panguna Street. Planning Scheme Provisions



Comments

Intent of Zone

Low Density Residential

Yes


Low Density Residential

Yes

Intent of DCP

Part Hillslopes Category B

Yes


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4,000m2 Lot 150 – 7,510m2 Lot 50 – 3,950m2 Only proposed Lot 150 complies.

Existing Lot 50 – 11,460m2 The proposed reconfiguration will create one allotment that does not comply with this provision. See comment below.

Minimum Dimensions

40m x 50m Lot 150 - Yes Lot 50 - Yes

Both of the proposed allotments comply with the minimum dimension requirements.

Minimum Area Requirement Table E-1 of the Planning Scheme for the Balance of the City of Cairns requires that allotments within the Low Density Residential zone contain an area of 4,000m2 and must be capable of containing a complete rectangle measuring 40m x 50m. The proposed reconfiguration will create two allotments that are capable of containing the minimum dimension requirements, however, only one of the proposed allotments is capable of complying with the minimum area requirement. Proposed Lot 50 will contain an area of 3,950m, which is 50m2 short of the minimum area requirement of 4,000m2. Section 2.0 of the Planning Scheme states that Council may modify the provisions contained in Table E-1 having regard to the following: (a) the topography of the land; (b) the zoning of the land and adjoining land; (c) existing vegetation and fauna species; (d) the area, dimensions and shape of the proposed allotment; (e) the suitability of the proposed allotment for its intended development; (f) the amount of on-street parking adjacent to the frontage; and (g) any other matters considered relevant by Council. The creation of an allotment below the minimum area requirement in this instance is considered suitable. The subject site contains an area of 11,460m2, has a frontage of 60m and a depth of 190m, and is therefore capable of complying with the minimum area and dimension requirements for the Low Density Residential zone. However, due to the location of the existing house and concrete driveway, and the topography of the subject site, proposed Lot 50 does not comply with the minimum area requirement. It is possible for the proposed allotments to comply with the minimum area requirements. However the location of the boundary was determined by the position of the existing concrete driveway and house, and topography of the land (in accordance with the gentle slope of the site). The location of the boundary between the proposed allotments is suitable and practical for the proposed reconfiguration as it has regard to the existing topography and slope of the site, and the location of the existing house and concrete driveway. The extent of the dispensation required is minimal and it is recommended that Council exercise its discretion in this instance.


209

Impact of Proposal The impact of the proposed lot reconfiguration is likely to be minimal due to its minor nature, which will result in the creation of one (1) additional allotment with an appropriate area and dimensions suitable to contain a single detached dwelling. The proposal is unlikely to negatively impact on the character or the amenity of the locality and is recommended for approval. HEADWORKS / CONTRIBUTIONS: The following headworks contributions are applicable to the proposed development. Element Comment Calculation Contribution Water Supply

District: Smithfield Trinity #5: $1,546.71/EDC 2 Lots >1,500m2 – 2.60 EDC Less credit for existing lot >1,500m2 – 1.30 EDC Net Demand: 1.30 EDC

1.30 EDC x $1,546.71 $2,010.72

Sewerage Not connected to Council’s sewerage No contributions sought Nil Traffic Mac Gregor West Traffic District No contributions sought Nil Drainage Not included in a Drainage Management

Plan No contributions sought Nil

Open Space

Northern Beaches (R1 & LDR) – 10% of UCV of lot

10% x $134,000 $13,400

Kym Watton Planning Officer Action Officer Nikki Huddy Manager – City Assessment


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APPENDIX 1


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16 OCTOBER 2003

23

NEGOTIATED DECISION ADVICE -MATERIAL CHANGE OF USE FOR DWELLING HOUSES, DUAL OCCUPANCIES, MULTIPLE DWELLINGS, HOLIDAY APARTMENTS, AND SHOPS, AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (5 LOTS INTO 58 LOTS) - 22-24 TRINITY BEACH ROAD AND 99 MOORE STREET, TRINITY BEACH – DIVISION 11 Allisen Wright: 8/30/26 : #671915

PROPOSAL: NEGOTIATED DECISION ADVICE APPLICANT: MR JOHN MURPHY

C/- MR PETER ROBINSON PO BOX 4751

CAIRNS QLD 4870 LOCATION: 22-24 TRINITY BEACH ROAD AND 99 MOORE

STREET, TRINITY BEACH PROPERTY: LOTS 3, 5, 9, 10 AND 200 ON SP106704, LOT 4

ON SP887072, AND LOTS 41 AND 45 ON SP106704, PARISH OF SMITHFIELD

ZONE: SPECIAL FACILITIES (HOTEL, RESORT,

MULTIPLE DWELLINGS, RECREATION FACILITY, COMMERCIAL IN ACCORDANCE WITH PLAN OF DEVELOPMENT WD1-OOU) ZONE

STRATEGIC PLAN: URBAN DCP: NONE APPLICABLE REFERRAL AGENCIES: DEPARTMENT OF NATURAL RESOURCES &

MINES (ADVICE AGENCY) VARIOUS OTHER AGENCIES FOR 3RD PARTY

ADVICE VIA REFERRAL COORDINATION


212

NUMBER OF SUBMITTERS: TWENTY (20) STATUTORY ASSESSMENT DEADLINE: EXPIRED DIVISION: 11 APPENDIX: 1. MAP IDENTIFYING SUBJECT LOTS

2. SITE LAYOUT PLAN 3. PRECINCT PLAN 4. SITE LINE DIAGRAM 5. EXISTING APPROVED PLAN

LOCALITY PLAN

RECOMMENDATION:

A. That Council issue a Negotiated Decision with respect to the Development

Application for Reconfiguring a Lot (5 lots into 58 Lots) over land described as Lot 3 on SP106704, Lot 5 on SP106704, Lot 9 on SP106704, Lot 10 on SP106704, and Lot 200 on SP 106703, with access via existing Lot 4 on RP887072, Lot 45 on SP106704 and Lot 41 on SP106703 located at 22-24 Trinity Beach Road and 99 Moore Street, Trinity Beach subject to the following amended conditions: -


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1. Parkland Contribution 7. The applicant/owner must transfer to the Crown up to ten (10) percent of

the gross area of the subject site 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. This area is to be a fair average of the type of land to be reconfigured, should must include: any area included as ‘remnant and endangered regional ecosystem’ under the Vegetation Management Act, and an area of natural vegetation buffer of a minimum of ten (10) metres in width is required between the line of the Highest Astronomical Tide (HAT) surrounding the marine plants located within the north-western area of the subject land and in conjunction with the area subject to tidal inundation, and shall be filled only where agreed by the Chief Executive Officer to provide Q5 flood immunity (areas less than Q5 may be accepted at a rate of 10% of the area), graded, drained and regulated with all declared noxious weeds and plants to be destroyed and left in a combined natural/mowable condition to the requirements and satisfaction of the Chief Executive Officer. The agreed area must include or have connection to a public road frontage in accordance with Council’s requirements. The park areas shall be transferred to the Crown at the same time as registering the survey plans with the Department of Natural Resources and Mines.

The park area transferred shall be generally in accordance with Drawing

No. 30886/001 D dated 9 April 2003. 2. Drainage Reserves

9. An area of natural vegetation buffer of a minimum of ten (10) metres in

width is required between the line of the Highest Astronomical Tide (HAT) surrounding the marine plants located within the north-western area of the subject land, and any development associated with this approval. This entire buffer area must be dedicated as a drainage reserve to Council in conjunction with the area subject to tidal inundation. The drainage reserve shall be transferred to Council in conjunction with the registration of the first Plan of Survey with the Department of Natural Resources and Mines.

3. Lake Design 17. The hydraulic design of the floodway, lake and entrance gross pollutant

trap, culverts under Trinity Beach Road shall be designed and constructed to ensure that flood levels are not increased upstream of the site for all streamflow events and conditions.


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4. Usage of the Lake 25. Prior to the approval and dating of the Plan of Survey by Council, the

applicant/owner must forward to Council proposals for a Community Management Owner Statement to cover the uses of the lake . No motor craft shall be permitted on the lake. Council’s preference is for the community management statement to prohibit the operation of motor craft on the lake except for essential operational, maintenance and safety purposes.

5. 37. An engineered retaining wall is to be constructed along the common

boundary of lots 14, 36, 37, 38, 39, 40 on Drawing No. 30886/001 D dated 9 April 2003 so as to ensure no fill from the development encroaches into the drainage easement or the Cayley Street drain; or alternatively a 1 in 4 stabilised batter is to be constructed inside the property boundary to the satisfaction of the Chief Executive Officer unless otherwise approved by Council.

All construction work in this area are to ensure no ponding of water

occurs in the easement or drain as a result of approved development works.

6. All other conditions of the Development Permit for Reconfiguring a Lot

8/30/26 issued by Council on 26 June 2003. B. That Council issue a Negotiated Decision with respect to the Development

Application for a Material Change of Use (Impact Assessment) for Dwelling Houses, Dual Occupancies, Multiple Dwellings, Holiday Apartments, and Shops on Lot 3 on SP106704, Lot 5 on SP106704, Lot 9 on SP106704, Lot 10 on SP106704, Lot 200 on SP 106703 with access via existing Lot 4 on SP887072, Lot 41 on SP106703 and Lot 45 on SP106704, located at 22-24 Trinity Beach Road and 99 Moore Street, Trinity Beach subject to the following amended conditions: -

1. 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(s) generally in accordance with:

a. The approved Plan of Development Drawing No. 30886/001 D dated

9 April 2003 and Precinct Plan Drawing No. 30886/006 dated 3 June 2003 attached;

b. The plans, specifications, facts and circumstances as set out in

the application submitted to Council; and


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c. To ensure that the development complies in all respects with the


d. The following table of development:

Self-assessable Code

Assessable Impact Assessable (Permissible)

Impact Assessment (Not Preferred)

Precinct 1

Those uses included in Column 1 of the Residential 1 zone in the Planning Scheme.


Those uses included in Column 3 of Residential 1 zone in the Planning Scheme.


Precinct 2 Dual Occupancies Multiple Dwellings (max. 3 storeys) Holiday Apartments (max. 3 storeys) All other uses included in Column 1 in the Residential 3 zone in a TDA designation in the Planning Scheme.

Those uses included in Column 2 of the Residential 3 zone in a TDA designation in the Planning Scheme.


Those uses included in Column 4 of the Residential 3 zone in a TDA designation in the Planning Scheme

Lot 10 on SP106704

Shop All other uses included in Column 1 of the Residential 1 zone Residential 3 zone in a TDA designation in the Planning Scheme.

Those uses included in Column 2 of the Residential 1 zone Residential 3 zone in a TDA designation in the Planning Scheme.



NB. Planning Scheme reference is to the Planning Scheme for the Balance of the City of Cairns.

Except where modified by these conditions of approval. 2. All other conditions of the Development Permit for a Material Change of Use

8/30/26 issued by Council on 26 June 2003.


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C. That Council makes a consequential amendment to the Planning Scheme

under Section 6.1.34 of the Integrated Planning Act 1997 to remove the subject site from the Special Facilities zone and include:

Lots 15-58 and Lot 10 on SP106704 in the Residential 1 zone; and

Lots 1 – 14 and Lot 10 on SP106704 in the Residential 3 zone within a TDA designation

Generally in accordance with submitted layout drawing no. 30886/001 D

dated 9 April 2003. D. That a notation be placed on the Planning Scheme for Lot 10 on SP106704 to

reflect an approval for ‘Shops’ in accordance with Section 3.5.27 of the Integrated Planning Act 1997.

EXECUTIVE SUMMARY: Council at its meeting on the 26 June 2003 approved the issue of a Development Permit for A Material Change of Use for Dwelling Houses, Dual Occupancies, Multiple DwellingS, Holiday Apartments, and Shops, and a Development Permit for Reconfiguring a Lot (5 lots into 58 Lots) - 22-24 Trinity Beach Road and 99 Moore Street, Trinity Beach subject to conditions. The applicant has suspended the applicant’s appeal period and has requested that Council amend a number of conditions of approval relating to the following: building height; land use rights and zoning; developer contributions; parkland; internal and external works; and the community management statement. In consideration of the applicant’s submission, it is recommended that a number of amendments be made to the development permit. However, it should be pointed out that a number of the requests being made for a negotiated decision notice cannot be supported because the applicant did not correctly/thoroughly convey to the public the full scale of the newly requested use rights and development on the subject site during the public notification of the development application. If the development application had been more thoroughly explained in the public notification and more comprehensively discussed and detailed in the supporting documentation then Council Officers may have been in a position to accommodate the amendments to the development approval as requested. TOWN PLANNING CONSIDERATIONS: The following section outlines the conditions for which the Negotiated Decision is sought, along with the applicant’s comments and relevant officer comments. MCU – Condition 1 d) This condition sets up the approved table of development for the overall development and is as follows:


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d. The following table of development:

Self-assessable

Code Assessable

Impact Assessable (Permissible)

Impact Assessment (Not Preferred)

Precinct 1 Those uses included in Column 1 of the Residential 1 zone in the Planning Scheme.




Precinct 2 Dual Occupancies Multiple Dwellings (max. 3 storeys) Holiday Apartments (max. 3 storeys) All other uses included in Column 1 in the Residential 3 zone in a TDA designation in the Planning Scheme.



Those uses included in Column 4 of the Residential 3 zone in a TDA designation in the Planning Scheme

Lot 10 on SP106704

Shop All other uses included in Column 1 of the Residential 1 zone in the Planning Scheme.




NB. Planning Scheme reference is to the Planning Scheme for the Balance of the City of Cairns.

The applicant has made a request for a number of changes to this table of development – each needs to be addressed separately for clarity.


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4 Storey development – Applicant’s Comment With respect to the Table of Development in Condition 1d, it is requested that additions be made to the range of uses included in Column 2 – Code Assessable. In particular, multiple dwellings (max 4 storeys) and holiday apartments (max 4 storeys) be included for Precinct 2. While it was not envisaged that a large proportion of the proposed development would be four storeys in height, there are advantages in terms of amenity, visual amenity, views etc in allowing some of the apartment buildings to extend to four storeys in height. The fundamental arguments are well known. Basically, for any site where there are density or floor space limits, increasing the number of storeys in a building will have a proportional reduction on its footprint with consequential benefits in terms of increased landscaping area, increased recreational opportunities and wider view corridors. Not only is visual amenity enhanced as a result of the increased landscaping but opportunities are afforded to provide buildings of various heights with a more interesting appearance. This is demonstrated by the design prepared by CA Architects for the mixed-use holiday accommodation building proposed in the south-western corner of the development. This part of the project contains two, three and four storey buildings and has an attractive character and shape. The same development yield can be achieved in strict conformity with the density and other planning scheme provisions if all buildings on the site are constructed to a three storey height limit. This uniform height is considered to be less attractive and more restrictive in terms of landscaping and view corridors than the original proposal. Allowing four storey development subject to a code assessable application will mean that Council still maintains control over the aesthetics and other performance criteria. As a consequence of this Council control, no adverse impacts are likely to result. Officer’s Comment The possibility of 4 storey development was not conveyed to the public and therefore they were not able to lodge submissions in relation to possible 4 storey development on the subject site. Four storey development is permissible development in the Residential 3 (TDA) zone requiring impact assessment. An impact assessment of 4 storey development was not undertaken as part of the assessment of the development application and constitutes a substantial change to the original development application. As such the level of assessment required for this type of development in the future cannot be reduced and therefore 4 storey development cannot be included as a code assessable use as part of a negotiated decision notice. In this instance the application made no reference to 4 storey development or changing the level of assessment for 4 storey development and therefore restricted the opportunity of the public to make a submission. The table of development should not be amended.


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Commercial use rights for Lot 10 – Applicant’s Comment With regard to the Table of Development as it relates to Lot 10, the Council seems to have considered it as a default Residential 1 block with approval for a shop. The supporting information to the application indicated that Lot 10 would be the services area for the proposed development and to a lesser extent the holiday accommodation and other uses in the surrounding locality. The intended use is for a shop and food services. In any event, the surrounding land is not zoned Residential 1 but is zoned and occupied for apartments generally in accordance with the Residential 3 provisions. It is requested that an amendment be made to the Code Assessable column in relation to Lot 10 to include all those uses that are otherwise self-assessable or code assessable in the Commercial zone. The justification for this is the supporting information in the application and the understanding that the submitters had that a range of uses of a retail and food services nature may be provided on Lot 10. Officer’s Comment It is important to firstly note that fourteen (14) of the twenty (20) submissions lodged in relation to the development application were opposing the commercial precinct on Lot 10 - it is acknowledged that some of these were proforma letters. Moreover the application was only advertised as including ‘shops’ and therefore any intention to operate a catering shop, restaurant, or late night store, which generally require impact assessment in Residential zones, will require the further approval of Council. Despite brief mention in the applicant’s report that Lot 10 may include facilities such as a small convenience shop and a food services premises offering meals and take-away for guests and locals it is not considered reasonable that these uses be included in the code assessable column as the applicant’s intention to obtain and exercise use rights generally associated with the Commercial zone were not conveyed to the public and therefore they were not afforded the opportunity to make a submission in relation to development of this nature or scale. However, given that all properties on the northern side of Trinity Beach Road adjacent to the Marlin Cove Resort Special Facilities zone are included in the Residential 3 zone and also a number of the larger properties on the southern side it is reasonable to consider the inclusion of Lot 10 in the Residential 3 zone as opposed to the Residential 1 zone. This will by default also provide for the establishment of a Restaurant as a code assessable use on the subject site in association with the approved Shop. The condition should be amended accordingly. Residential 3 zoning – Applicant’s Comment It is requested that the reference to Residential 1 in each of the four columns of the Table of Development be removed and replace it by a reference to Residential 3. The justification for this is consistency with the zoning in the surrounding locality.


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Officer’s Comment The applicant’s report in support of the development application generally provided an outline of the development as follows:

The proposed development consists of three basic sections. The area generally east of the proposed lake is a conventional residential subdivision comprising a standard format plan with common property. All lots are intended to be occupied by single dwelling houses. To the west of the lake, lots will also be created by standard format plan with common property. It is intended that these lots be developed with a mix of dwellings, dual occupancies and multiple dwellings, any or all of which may be used for holiday accommodation. This accommodation may be managed and operated in conjunction with the adjoining Quest development.

The subject site is currently included in a Special Facilities zone with an approved Plan of Development, as such approval of altered use rights and subdivision pattern gave Council the opportunity to include the subject site in zones that more accurately reflect the nature and scale of the approved development. Council Officers cannot support the inclusion of Precinct 1 - a conventional residential subdivision comprising a standard format plan with common property; where all lots are intended to be occupied by single dwelling houses, within the Residential 3 zone as the public were not reasonably informed in relation to the potential for greater use rights to be afforded to this precinct as a result of the amended zoning. The request for an amendment to the table of development is not supported. MCU – Condition 4 and Reconfiguring a Lot – Condition 5 The existing MCU condition reads as follows: Traffic Management Contributions 4. The applicant/owner must contribute towards Council's Traffic


The contribution rate is that which is current at the time of payment.

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

The existing Reconfiguring a Lot condition reads as follows:


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Traffic Management Contributions 5. The applicant/owner must contribute towards Council's Traffic



current rate of contribution is $123,531.93 (58 ERAs). Payment is required prior to the approval and dating of the survey plan.

Applicant’s Comment In relation to Condition 4 – Traffic Management Contributions, the applicant holds that this condition is unlawful. The Council has not been able to demonstrate that a contribution is reasonably required or relevant to the proposed development. Previous discussions with Council and requests to identify the location and the particular works on which the contribution will be spent and how these works relate to additional traffic generated by the proposal have revealed that no works can be identified. The applicant’s position is further reinforce by the fact that works were undertaken as part of the previous development and it is understood that all the traffic related conditions associated with that development were completed. That development included an intensity and scale of development much higher than that proposed currently which resulted in traffic generations of the order of twice that expected from the current proposal. On the basis that traffic generation from the site has decreased, a traffic contribution would seem to be unreasonable and therefore unlawful. We request that the traffic management contribution suggested by Condition 4 be deleted. Similarly the corresponding condition in the reconfiguration condition should be deleted. Officer’s Comment Council can readily demonstrate that a contribution is reasonably required and relevant to the proposed development by the simple fact that Council has a Traffic Management Plan in place for Trinity and Kewarra Beaches which has been adopted as Council Policy. The Policy requires a contribution per ERA generated by the development as a contribution towards the overall provision of road infrastructure for the Trinity/Kewarra catchment. The condition is a reasonable and relevant for the development and should be retained unchanged in both the MCU and Reconfiguring a Lot.


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MCU – Condition 5 and Reconfiguring a Lot – Condition The existing MCU condition reads as follows: Drainage Contributions 5. The applicant/owner must contribute towards the augmentation of

stormwater drainage services and associated services in accordance with Cayley Street Drainage Management Plan.

The contribution rate is that which is current at the time of payment.

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

The existing Reconfiguring a Lot condition reads as follows: Drainage Contributions 6. The applicant/owner must contribute towards the augmentation of

stormwater drainage services and associated services in accordance with Cayley Street Drainage Management Plan.


current rate of contribution is $233.34 (0.6Ha). Payment is required prior to the approval and dating of the survey plan.

Applicant’s Comment In relation to Condition 5 – drainage contributions, this condition should also be deleted. Condition 3 of the reconfiguration approval requires the applicant to undertake a drainage study and that post development discharge of stormwater from the subject land must not exceed pre-development levels. On the basis that this condition will be complied with, the proposed development will have no impact on drainage regimes outside the site and therefore there is no justification for contributions from this development. We request that the condition 5 be deleted. Similarly the corresponding condition in the reconfiguration condition should be deleted. Officer’s Comment It is a standard requirement of all development that post development discharge of stormwater from the subject land not exceed pre-development levels - this is not unique to this particular development and therefore there are no grounds upon which to waive the requirement for a contribution under the Cayley Street Drain (G) Drainage Management Plan. Again the drainage contribution is required to allow the maintenance and upgrade of the drainage system/network that services the greater catchment of the area and not just the subject site.


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The condition is a reasonable and relevant impost on the development and should be retained unchanged in both the MCU and Reconfiguring a Lot. MCU – Condition 12 The existing condition reads as follows: Ground water 12. The Applicant/Owner must ensure that the operations and any resulting

change to groundwater patterns will not adversely effect the use or productivity of surrounding land, and any bore water extraction must be sustainable and not cause any detrimental impact on adjacent property owners in the area, in accordance with Department of Natural Resources and Mines requirements and to the satisfaction of the Chief Executive Officer.

If any bore water is to be pumped from groundwater in order to supplement

the lake levels as part of this development, the necessary bore water extraction permit must first be obtained from the Department of Natural Resources and Mines.

Applicant’s Comment In relation to Condition 12, the applicant holds that this is a matter in the area of authority of the Department of Natural Resources and Mines. Under the Water Act 2000, a permit is required to install and operate a bore on the property and the matters mentioned in the first paragraph of Condition 12 are included in the matters the DNRM considers when assessing and approving such an application. This condition should be deleted and included in the advice statement. In relation to the Reconfiguration Conditions, the following submission is made. Officer’s Comment The condition identifies the potential for the actions of the developer and future landowners to impact on other users dependant upon the groundwater supply. This condition simply reinforces the applicant’s responsibilities and duties in relation to groundwater and bores as set down by the DNRM. The condition should remain unchanged. Reconfiguring a Lot – Condition 4 The existing condition reads as follows:


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payment. On the present method of calculation, the estimated total headworks contributions are $353,710.33 (105.01 EDCs) for water and $352,870.93 (116.8 EDCs) for sewerage. Payment is required prior to the approval and dating of the survey plan.

Payment is required prior to the approval and dating of the survey plan. Applicant’s Comment With respect to Condition 4, the foreshadowed amount of water supply and sewerage headworks contributions appears to be excessive. The usual practice is that one EDC be paid per lot at the time of subdivision and the balance be collected (in accordance with the Material Change of Use conditions) at the time of building approval for particular sites within the development. It is requested that the condition be clarified to ensure that only one EDC per lot is collected at the time of approving and dating the survey plan. The rational is that, until such time as building applications are made for development on each of the lots in Precinct 2, the exact number of EDCs resulting from the development will not be known. The lawful opportunity exists under the Material Change of Use conditions to collect headworks at the building application stage and this is the appropriate and more usual place to do it. Officer’s Comment Headworks contributions have been calculated on the basis of the applicable EDCs for each of the lots being created ie 1 EDC per 401m2 – 900m2 lot being created. Headworks calculation have been calculated on the following basis: Precinct 1 is to be included in the Residential 1 zone and as such headworks

(water and sewerage) will be applied commensurate with the lot sizes proposed in Precinct 1, which is intended for traditional detached residential development, ie 1 EDC per 401m2 – 900m2 lot being created.


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Precinct 2 is to be included in the Residential 3 zone and as such headworks

(water and sewerage headworks) have been calculated on the per hectare basis applicable to the Residential 3 zone - 33.3 EDC per Hectare (as if it were an old ‘rezoning’). It is envisaged that medium density residential development will occur within Precinct 2. It is agreed that additional headworks contributions may be payable for Material Change of Use development requiring Council approval, prior to the issue of a building approval.

The headworks calculated in the Reconfiguring a Lot approval are simply for the increased potential demand on Council’s infrastructure as a result of the subdivision. Moreover, with the introduction of Private Certification it is often difficult for Council to secure the payment of headworks contributions for developments which will now be self-assessable on the subject site, hence the application of the ‘rezoning’ EDC rate for the Residential 3 component of the development. The condition is accurately calculated and should remain unchanged. Reconfiguring a Lot – Condition 7 The existing condition reads as follows: Parkland Contribution 7. The applicant/owner must transfer to the Crown up to ten (10) percent of the

gross area of the subject site 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.

This area is to be a fair average of the type of land to be reconfigured,

should include any area included as ‘remnant and endangered regional ecosystem’ under the Vegetation Management Act, and shall be filled where agreed by the Chief Executive Officer to provide Q5 flood immunity (areas less than Q5 may be accepted at a rate of 10% of the area), graded, drained and regulated with all declared noxious weeds and plants to be destroyed and left in a combined natural/mowable condition to the requirements and satisfaction of the Chief Executive Officer. The agreed area must include or have connection to a public road frontage in accordance with Council’s requirements. The park areas shall be transferred to the Crown at the same time as registering the survey plans with the Department of Natural Resources and Mines.

The park area transferred shall be generally in accordance with Drawing No.

30886/001 D dated 9 April 2003.


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Applicant’s Comment In relation to Condition 7, parkland contribution, the previous assessment justifies a contention that no additional open space is necessary in the immediate locality. In fact, open space land is so over supplied in this locality that land previously transferred to Council and left in a clean, mowable condition at the time of subdivision has now deteriorated to such an extent that it is unsuitable for any activity other than the admiration of its (messy) vegetation. An area of land in the north-western corner of the site has natural values that are important to the community. Members of the community, council and government departments have indicated that they would like to see this land preserved in its natural condition as a community asset. While the applicant does not agree that it is strictly necessary to add to the quantity of open space land available in the area, he is prepared to contribute the land identified as having community values. The problem is that this land would be adversely impacted if it were required to be filled, drained and left in a mowable condition as required by the second paragraph of the condition. It is requested that the condition be clarified to define that Council will accept as park that part of the north-western corner of the site proposed to be transferred as open space. To the extent that this is still less than 10% of the total area, the applicant is prepared to contribute generally as provided for in Condition 8. Officer’s Comment It is agreed that Council does not wish for sensitive environmental areas to be filled, drained and left in a mowable condition as that would defeat the purpose of securing that area as parkland in this instance. However, the condition clearly states that the need to fill, grade and drain the land is with the agreement of Council. Council Officers will not require the identified sensitive areas with significant vegetation to be filled, and will simply require the removal of all declared noxious weeds and plants. In addition, further to the applicant’s comments in relation to Condition 9, later in this report, additions have been made to Condition 7 to include the area identified for a drainage reserve in Condition 9 within the parkland contribution of Condition 7. The following amended condition is proposed: Parkland Contribution 7. The applicant/owner must transfer to the Crown up to ten (10) percent of the

gross area of the subject site 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

must include: any area included as ‘remnant and endangered regional ecosystem’ under the Vegetation Management Act; and an area of natural vegetation buffer of a minimum of ten (10) metres in width is required between the line of the Highest Astronomical Tide (HAT) surrounding the marine plants located within the north-western area of the subject land and in conjunction with the area subject to tidal inundation. and shall be filled where agreed by the Chief Executive Officer to provide Q5 flood immunity (areas less than Q5 may be accepted at a rate of 10% of the area), graded, drained and regulated with all declared noxious weeds and plants to be destroyed and left in a combined natural/mowable condition to the requirements and satisfaction of the Chief Executive Officer. The agreed area must include or have connection to a public road frontage in accordance with Council’s requirements. The park areas shall be transferred to the Crown at the same time as registering the survey plans with the Department of Natural Resources and Mines.

The park area transferred shall be generally in accordance with Drawing No.

30886/001 D dated 9 April 2003. Reconfiguring a Lot – Condition 8 The existing condition reads as follows: Park Contribution In Lieu Of Land 8. Should the parkland transferred to Council in accordance with the above

condition (condition no. 7) fall short of the requirements the applicant/owner is to make a monetary contribution for the balance required area (the balance of 10% of UCV of the subject land) 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.

Applicant’s Comment With respect to Condition 8, it is considered that there should be an allowance or discount provided because of the large area of open space on the site in particular the lake and its surrounds. While this open space is not publicly available for anything more than admiration of its visual qualities, it does contribute significantly to the open space needs of the residents in Precincts 1 and 2. As a consequence, the demand on Council for publicly owned open space is diminished at least partially. It is requested that the reference to 10% of UCV in the condition be amended to read 6% of UCV.


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Officer’s Comment The lake is not public open space and will not perform any function in relation to the provision of public open space, it will be in private ownership and under the control of the body corporate and there will be no lawful access to the lake by the public. No discount in relation to the 10% public open space requirement, be it in land dedication or monetary contribution in lieu, should be granted for the proposed development on the basis of the provision of a private lake. The condition should remain unchanged. Reconfiguring a Lot – Condition 9 The existing condition reads as follows: Drainage Reserves 9. An area of natural vegetation buffer of a minimum of ten (10) metres in width

is required between the line of the Highest Astronomical Tide (HAT) surrounding the marine plants located within the north-western area of the subject land, and any development associated with this approval. This entire buffer area must be dedicated as a drainage reserve to Council in conjunction with the area subject to tidal inundation. The drainage reserve shall be transferred to Council in conjunction with the registration of the first Plan of Survey with the Department of Natural Resources and Mines.

Applicant’s Comment In relation to Condition 9, there is no justification for the creation of a buffer area or drainage reserve around the land proposed to be transferred to the Council as park on the north-western corner of the property. The proposed reserve is not needed for drainage purposes and if it were, an easement would satisfactorily provide Council with any rights in relation to discharge of drainage. It is considered that the issue of land in the north-western corner is adequately addressed by Condition 7 and that Condition 9 ought to be deleted. Officer’s Comment Council Officers agree and the requirement for the buffer has been included as part of Condition 7 for the parkland contribution as opposed to a drainage reserve. Condition 9 should be deleted.


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Reconfiguring a Lot – Condition 16 The existing condition reads as follows: Flood Immunity 16. The design of the development shall be such that allotments are excluded

from the existing flood way and the proposed floodway shall have sufficient capacity to discharge the 100 year ARI flow from the upstream catchment. No earthworks disturbance shall occur to the Cayley Street drain, and all earthworks must be in accordance with any relevant State Government approvals. A stability blanket or a buried revetment wall shall be provided on the subject land, if required, in the overland flow path from the lake to the Cayley Street drain to prevent erosion and scouring.

Applicant’s Comment In relation to Condition 16, the condition currently requires a provision that no earthworks disturbance shall occur in the Cayley Street drain. The Cayley Street drain is already unstable and is likely to suffer during periods of high stormwater discharge eg Q100. It would appear irresponsible and inappropriate not to provide some stabilisation work in the Cayley Street drain at the point where the southern tributary enters it. If the Council is determined that no work take place in the Cayley Street drain, the applicant requires an indemnity from Council that it will not be held responsible for engineering, hydraulic or environmental problems that result. It is requested that the condition be amended to recognise the requested indemnity. Officer’s Comment The Cayley Street Drain is public infrastructure which is to be maintained by Council to service the overall catchment of the drainage management area. The Drainage Contributions required as conditions of approval will go towards the maintenance and upgrading of this infrastructure. The applicant has acknowledge that post development discharge of stormwater from the subject land must not exceed pre-development levels and therefore, similar to the applicants argument in relation to Condition 17 later in the report, works associated with the Cayley Street drain are to be undertaken by Council and funded by the drainage contributions applied to development approvals such as this one. The condition should remain unchanged.


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Reconfiguring a Lot – Condition 17 The existing condition reads as follows: Lake Design 17. The hydraulic design of the floodway, lake and entrance gross pollutant trap,

culverts under Trinity Beach Road shall be designed and constructed to ensure that flood levels are not increased upstream of the site for all streamflow events and conditions.

Applicant’s Comment In relation to Condition 17, while the applicant agrees that it has the responsibility to ensure that upstream flood levels are not increased, it is contended that it is not a reasonable requirement of this development to clean up and solve pollution problems associated with the upstream part of the catchment. This is work that Council would have had to undertake at some time, and presumably would get contributions from the catchment either in terms of development contributions or rates. Condition 17 should be amended to specify that the applicant is responsible for the construction of the gross pollutant trap but Council will contribute a substantial (in excess of 90%) proportion of the cost. Officer’s Comment It is agreed that this condition is unreasonable and that water quality control in relation to the lake is the sole responsibility of the body corporate. The condition should be deleted. Reconfiguring a Lot – Condition 25 The existing condition reads as follows: Usage of the Lake 25. Prior to the approval and dating of the Plan of Survey by Council, the

applicant/owner must forward to Council proposals for a Community Management Owner Statement to cover the uses of the lake. No motor craft shall be permitted on the lake.

Officer’s Comment In relation to Condition 25, the prohibition of the use of motor craft on the lake is unreasonable. The maintenance and operation of the lake including maintenance of amenity is a matter for the body corporate that will be made up of the residents around the lake. It is properly their decision on whether motor craft should be prohibited from the lake or if they are permitted what types of motor craft are permitted.


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In any case, it is unreasonable to put a blanket prohibition on motor craft within the lake as some operation of motor craft will be necessary for essential maintenance purposes, monitoring, maintenance of safety and the like. The second sentence of the condition should be deleted and replaced by a sentence generally along the lines, “The Council would prefer the community management statement to prohibit the operation of motor craft on the lake except for essential operational, maintenance and safety purposes.” Officer’s Comment The prohibition on motor craft was originally placed on the approval to ensure that there would be no ongoing issues in relation to noise and odour nuisance from the operation of motor craft on the lake. However, as the lake will be in private ownership it is agreed that the prohibition can be removed as the provisions of the Environmental Protection Act and its Policies will ensure that no environmental nuisance or harm occurs as a result of any activities on the proposed lake. The condition shall be amended to remove the prohibition of motor craft and include the suggested statement by the applicant as follows: Usage of the Lake 25. Prior to the approval and dating of the Plan of Survey by Council, the

applicant/owner must forward to Council proposals for a Community Management Owner Statement to cover the uses of the lake. Council’s preference is for the community management statement to prohibit the operation of motor craft on the lake except for essential operational, maintenance and safety purposes.

Reconfiguring a Lot – Condition 37 The existing condition reads as follows: 37. An engineered retaining wall is to be constructed along the common

boundary of lots 14, 36, 37, 38, 39, 40 on Drawing No. 30886/001 D dated 9 April 2003 so as to ensure no fill from the development encroaches into the drainage easement or the Cayley Street drain; or alternatively a 1 in 4 stabilised batter is to be constructed inside the property boundary to the satisfaction of the Chief Executive Officer.

All construction work in this area are to ensure no ponding of water occurs

in the easement or drain as a result of approved development works.


232

Applicant’s Comment In relation to Condition 37, there may in fact be more desirable ways of achieving Council’s intent than the two specified in the condition. Condition 37 should be amended to include, “Unless otherwise approved by Council” at the beginning. Officer’s Comment The applicant’s argument is supported and the wording ‘unless otherwise approved by Council’ has been added to the condition as follows: 37. An engineered retaining wall is to be constructed along the common

boundary of lots 14, 36, 37, 38, 39, 40 on Drawing No. 30886/001 D dated 9 April 2003 so as to ensure no fill from the development encroaches into the drainage easement or the Cayley Street drain; or alternatively a 1 in 4 stabilised batter is to be constructed inside the property boundary to the satisfaction of the Chief Executive Officer, unless otherwise approved by Council.

All construction work in this area is to ensure no ponding of water occurs in

the easement or drain as a result of approved development works. Reconfiguring a Lot – Condition 38 The existing condition reads as follows: Street Layout and Design 38. The street layout and design of the eastern side of the lake must be revised,

to the satisfaction of the Chief Executive Officer, in order to address the following: a. All new internal access reserve widths shall be in accordance with

Council’s Development Manual requirements; All proposed cul-de-sac turning areas to be in accordance with Council Development Manual requirements and make provision for turning movement of Council Service and Queensland Fire vehicles; and c. A 2-metre wide concrete or concrete paver pathway shall be provided

along one side of proposed access reserves, including the western access reserve.


233

Applicant’s Comment In relation to condition 38 it is not appropriate to prescribe standards to private internal driveways that would otherwise apply to public roads. Again some flexibility should be incorporated in the condition in a similar way as proposed for Condition 37. Condition 38 should be amended to include, “Unless otherwise approved by Council” at the beginning. Officer’s Comment These roads will have the same function and capacity as a public road and therefore in the absence of any other relevant guidelines and standards all roadworks should be constructed in accordance with Council’s Development Manual and Queensland Streets (as referenced in the Development Manual). The condition is reasonable and relevant and should remain unchanged. Reconfiguring a Lot – Condition 52 The existing condition reads as follows: Future Development 52. All lots to the west of the proposed lake (Precinct 2), intended for medium

density residential development, must have a minimum site area of 1000m2 and a minimum site frontage of 20 metres. Those lots that do not meet these minimum size and dimension requirements will not be considered suitable for some forms of medium density residential development.

Applicant’s Comment Condition 52 is unreasonably restrictive in that it is ongoing (binding on future owners) and does not recognise that the planning scheme provisions may change. The Planning Scheme is prescriptive and this condition is advisory only OR repeats the scheme requirement. Condition 52 should be deleted. Officer’s Comment Holiday Apartments (3 storeys) are a self-assessable use in Precinct 2 of the Table of Development prepared as a condition of the Material Change of Use approval. The abovementioned condition is an opportunity to reinforce the planning scheme provision that ensures that a potential Holiday Apartment site is of sufficient size and dimensions to achieve a good development outcome. The condition should remain unchanged.


234

Reconfiguring a Lot – Condition 54 The existing condition reads as follows: 54. A professional cultural heritage survey and assessment of the subject land

is to be undertaken to the satisfaction of the Chief Executive Officer. Applicant’s Comment Condition 54 is unnecessary and not reasonably required. The applicant has obligations under other legislation that he will ensure are complied with. There is no reason to believe there is any aspect of cultural heritage worthy of protection on site (due to past disturbance) but contractors will be briefed on what to be cognisant of what to react to. Condition 54 should be deleted. Officer’s Comment The development application was subject to Referral Coordination and as a result the Environmental Protection Agency (EPA) provide fairly comprehensive third party advice and suggested conditions for Council’s consideration. Council Officers were aware of the Applicant’s desire not to undertake a cultural heritage survey of the site and following further discussions with the EPA it was determined that a condition of approval requiring a professional cultural heritage survey to be undertaken was necessary in this instance. The EPA has advised that the terms of reference for the study will be cognisant of the history of the site. The condition should not be amended. Allisen Wright Team Leader Action Officer Nikki Huddy Manager – City Assessment


235

APPENDIX 1


236

APPENDIX 2


237

APPENDIX 3


238

APPENDIX 4


239

APPENDIX 5


240


16 OCTOBER 2003

24

NEGOTIATED DECISION FOR RECONFIGURING A LOT (BOUNDARY REALIGNMENT) – 379-401 SPENCE STREET & 308-314 HARTLEY STREET, BUNGALOW – DIVISION 5 Anna Cronin: 8/13/607-01: #695882

PROPOSAL: RECONFIGURING A LOT (BOUNDARY

REALIGNMENT) APPLICANT: CEC GROUP PTY LTD C/- C & B GROUP P O BOX 1949 CAIRNS Q 4870 LOCATION: 379-401 SPENCE STREET & 308-314 HARTLEY

STREET, BUNGALOW PROPERTY: LOT 13 ON C19888, LOT 1 AND 2 ON

RP729491, PARISH OF CAIRNS ZONE: GENERAL INDUSTRY STRATEGIC PLAN: INDUSTRY DCP: DCP2 – HEIGHT & IMPACT OF BUILDINGS

PRECINCT 8 DCP5 – CAIRNS PORT & MAJOR INDUSTRIAL

AREA REFERRAL AGENCIES: ENVIRONMENTAL PROTECTION AGENCY (CONTAMINATED LAND UNIT) NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 26 AUGUST 2003 DIVISION: 5 APPENDIX: 1. SITE LAYOUT PLAN


241

LOCALITY PLAN

RECOMMENDATION: That Council resolve to issue a Negotiated Decision with respect to Development Application 8/13/607 for land located at 379-401 Spence Street and 308-314 Hartley Street, Bungalow, and described as Lot 13 on C19888, Lot 1 and 2 on RP729491, Parish of Cairns, for Reconfiguring a Lot (Boundary Realignment), subject to the following: - 1. Condition 6 to deleted and replaced with the following: The applicant/owner must, at its own cost, provide a plan of drainage works

to adequately grade the proposed Lots to direct overland flows to the lawful point of discharge, as required in Condition 5.


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

requirements and satisfaction of the Chief Executive Officer prior to the approval and dating of the survey plan.


242

2. Condition 7 to be amended to read as follows: The applicant/owner must at its own cost undertake the following works


a. Construct kerb and channel, full width bitumen widening shoulder, and carriageway to the centre of the road reserve, in accordance with Cairns City Council Standard Drawing S1009 (Industrial Access Street Standard) to the full length of the Hartley Street frontage; and

b. Reinstate kerb and channel/concrete crossover(s) and apron(s) where

required on the Hartley and Spence Street frontage. Three (3) copies of a plan of the works must be submitted to and endorsed

by the Chief Executive Officer prior to the approval and dating of the survey plan. 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 survey plan.

3. In all other regards, the conditions and advice contained in Development

Permit 8/13/607 decided by Council on 14 August 2003 remain unchanged. EXECUTIVE SUMMARY: Council at its meeting on the 14 August 2003 approved the issue of a Development Permit for Reconfiguring a Lot (Boundary Realignment) located at 379-401 Spence Street and 308-314 Hartley Street, Bungalow, and described as Lot 1 on C19888, and Lots 1 and 2 on RP729491. The approval was subject to conditions, one of which required the provision of a drainage easement (condition 6) and construction of external works (condition 7). The applicant has suspended the applicant’s appeal period and has requested that Council amend these conditions. In consideration of the applicant’s submission, it is recommended that Condition 6 and Condition 7 be amended. TOWN PLANNING CONSIDERATIONS: The following section outlines the condition for which the Negotiated Decision is sought, along with the applicant’s comments and relevant officer comments. Condition 6 Condition 6 of the development permit currently reads: -


243

The applicant/owner must grant in favour of proposed Lots 10 and 11 over proposed Lot 12 an easement for drainage purposes over the entire length of the existing drainage path as show shown on the proposal Plan No. 8017-1 (Issue A) dated 16 July 2003 and prepared by CEC Group Pty Ltd. The easement documents shall be prepared by Council's solicitors at the expense of the applicant/owner and must be lodged and registered in the Department of Natural Resources and Mines immediately following the Plans of Survey for Reconfiguration.

Applicant’s Comment The applicant states that an alternative arrangement for meeting Condition 5 relating to lawful point of discharge is proposed, which negates the need for the registration of a drainage easement, which is required in Condition 6. The applicant proposes to undertake actions to ensure that each of the proposed allotments will be sufficiently graded to direct overland flows to the lawful point of discharge being Hartley Street or Little Spence. This will be demonstrated at the Operational Works stage of the development and will be submitted to Council for endorsement. The existing drainage path show on Plan No. 8017-1 (Issue A) was constructed to serve a specific purpose associated with the previous use of Lot 13 on C19888 (i.e. washdown bays) and as a result of the approval to reconfigure the site and contract of sale for Lot 10, it is no longer required. Officer Comment Council Officers do not have any concerns with the proposed alternative and the condition has been amended to provide a plan of works to ensure that the proposed allotments will be drained to the lawful point of discharge. Condition 7 Condition 7 of the development permit currently reads: - The applicant/owner must at its own cost undertake the following works external to

the subject land:

a. Construct kerb and channel, and full width bitumen widening, in accordance with Cairns City Council Standard Drawing S1009 (Industrial Access Standard), to the Hartley Street frontage; and

b. Reinstate kerb and channel/concrete crossover(s) and apron(s) where

required on the Hartley and Spence Street frontage.

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


244

Applicant’s Comment The applicant requires clarification as to the extent of the works required in relation to 7(a). The applicant states that the Hartley Street frontage of the site is currently provided with constructed kerb and channel and therefore works associated with additional construction of kerb and channel are not required. Further, the applicant states they are of the understanding that ‘full width bitumen widening’ does not trigger the need for the construction of a road from the sealed section of Hartley Street through to Chinaman Creek, rather that a sealed bitumen section is required from the kerb and channel to extend parallel with the future extension of Hartley Street through to the end of the road and Chinaman Creek. The applicant states that the condition places an unfair impost upon the applicant and the responsibility for these works lies within Council City Works rather than the applicant, if Council requires the construction of a road, in full or in part. It is requested that the condition be deleted in favour of a condition, which provides greater clarification on the extent of any future required works. Officer Comment Condition 7a specifies that it only relates to the Hartley Street frontage. Council Officers consider that the construction of on-street works is reasonable as proposed lot 11 is now restricted to access only from Hartley Street and proposed lot 12 has frontage to Hartley with an existing crossover and therefore access is permitted from the Hartley Street frontage. If proposed lot 12 is only accessed via Little Spence Street, then access from Hartley Street may not be required. However, if proposed lot 12 is accessed via Hartley Street then on-street works will be required and this will become an enforcement issue in requiring works to be carried out. In any event, the Planning Scheme requires that on-street works be carried out for permitted development that is established on a site. The following considerations are reasonable and relevant to the requirement of on-street works: Access to proposed Lot 11 is only from Hartley Street; An access driveway is currently provided to proposed Lot 12 on the Hartley Street

frontage; Only a portion of the Hartley Street frontage along proposed Lot 11 and 12 has

kerb and road, which is damaged; and Formal drainage is not adequately catered for, which impacts on public safety,

pedestrian access, and vehicle access and manoeuvring in front of and into the proposed lots on Hartley Street.

When considering the above it is considered reasonable and relevant to require on-street works to the Hartley Street frontage.


245

However this is restricted to the construction of construct kerb and channel, full width bitumen widening and half of the carriageway to the crown, in accordance with Cairns City Council Standard Drawing S1009 (Industrial Access Standard) for the full length of the Hartley Street frontage. Condition 7 has been amended to clarify the above on-street work requirements. Anna Cronin Planning Officer Action Officer Nikki Huddy Manager – City Assessment


246

APPENDIX 1

Drainage Path


247


16 OCTOBER 2003

25

COMPENSATION CLAIMS & APPEALS – SEPTEMBER 2003 Nikki Huddy: 1/59/2-01 : #536015 V13

RECOMMENDATION:

That the report be noted. Attached is an updated list of compensation claims and planning appeals currently with Council. New text for the month is included in bold. Council will notice five new appeals for the month. This is an unusually high number of new matters and in particular the following should be noted. No. 294 of 2003 Highpoint Berry Ltd Submitter Appeal No. 306 of 2003 Redlynch Valley Property Pty Ltd Applicant Appeal No. 310 of 2003 Graf Applicant seeking Declaration against Council, Stockland and Department of Main Roads over drainage issues No. 2222 of 2003 Peter Thomas Burke Appeal against refusal of CCC under direction of Department of Main Roads No. 2956 of 2003 McPherson Maclean Appeal against failure of CCC to Wargon Chapman Pty Ltd decide an application for Operational Works Additionally, five current appeals are expected to be considered at the November P&E sittings. Nikki Huddy Manager City Assessment

248


CAIRNS CITY COUNCIL

APPEALS / OTHER MATTERS MACDONNELLS LIST

AS AT 6/10/2003 Description Applicant Comment Solicitor Appeal No. 31 of 1997 Catalano Road, Goldsborough. Appeal against conditions imposed on Council’s approval of subdivision application.

WER Developments Pty. Ltd. Council engaged in discussions with C & B Consultants. Applicants are likely to make further progress towards settling the matter some time this year.

MacDonnells

Appeal No. 25 of 1999 Upper Stanton Road, Smithfield. Appeal against conditions.

Donald Keith Davis Council continuing “without prejudice” discussions. Parties have discussed conditions and Council has advised of conditions it is prepared to settle on and is in further discussions with the applicant. Council has agreed to certain conditions proposed by the applicant. A consent order is to be prepared and the matter is to be set down for hearing.

MacDonnells

Supreme Court No. 154 of 1998

Cairns Earthmoving Contractors Pty Ltd

MacDonnells on behalf of Council made an offer to settle the whole of the claim, together with interest. MacDonnells has received advice from the insurer’s solicitors that LGM will indemnify Council in respect of any damages awarded against Council for negligence, subject to conditions. Offer has been accepted on behalf of Council. Parties are currently undertaking inspection of documents. Meeting held with insurer’s solicitors to discuss proposed amendments to pleadings. Third party proceedings on hold for a month. Amended Defence filed in the Supreme Court on 20/6/03. Faxes sent to Sinclair Knight Merz & Flanagan Consulting Group querying basis for calculation of developer contributions set out in reports.

MacDonnells

249


Supreme Court No. 77 of 1999

Vamgold Pty Ltd MacDonnells on behalf of Council made an offer to settle the whole of the claim, together with interest. MacDonnells has received advice from the insurer’s solicitors that LGM will indemnify Council in respect of any damages awarded against Council for negligence, subject to conditions. Offer has been accepted on behalf of Council. Parties are currently undertaking inspection of documents. Applicant’s appeal period has expired & orig Decision Notice stands. Council to elect whether to extend approval or refuse. Amended Defence filed in Supreme Court on 20/6/03.

MacDonnells

Supreme Court Appeal No. 26 of 2000

Middin Pty Ltd Action by Council for specific performance of a contract and counterclaim against Council for declaration that the contract is void and/or damages for breach of contract. Council’s amended Reply & Answer to the Defence & Counterclaim was settled by Counsel on 22/4/03 & has now been lodged for filing. MacDonnells have requested Middin provide further particulars of certain matters pleaded in the Amended Defence. The next step to be taken by both parties is further disclosure of documents arising out of the amended pleadings. Disclosure is due by 21/5/03. Council’s insurer has been updated as to these matters. Counsel has been briefed (at the insurer’s request) to advise on liability.

MacDonnells

250


Appeal No. 3 of 2001 Application for Modification of Conditions 63-67 Spence St / 38-40 Sheridan St, Cairns

Colin Grofski Application for modification of condition 20 lodged with the Court. Appellant’s solicitors advised of acceptance of conditions upon which Council is willing to discontinue opposition to application on a without prejudice basis. Revised Consent Order received from Appellant’s solicitors. MacDonnells advised that draft Order is satisfactory to Council. Matter listed for consent order in November sittings.

Appeal No. 9 of 2001 Material Change of Use (Brothel) 12 Cava Close, Bungalow.

Grant The matter was heard on 27 August 2003. The Judge in his preliminary statement advised that the appellant has provided limited evidence on which to consider approving the brothel. The Judge has reserved his decision in this matter. It is noted that Section 4.1.50 of the IPA provides that the applicant has the onus to establish that the appeal should be upheld. Judgement reserved.

MacDonnells

Appeal No. 32 of 2001 Material Change of Use (Educational Facility) at Deppeler Road, Edmonton.

Peter Bosanquet Entry of Appearance filed on behalf of Council. Callover held on 14/1/03. Matter was adjourned until next callover.

MacDonnells

Appeal No. 2 of 2002 Captain Cook Highway, Palm Cove

Daikyo Pty Ltd Appeal against certain conditions imposed on a MCU & reconfiguring of a lot on land at Captain Cook Highway, Palm Cove. Draft Consent Order prepared and approved by Council on 24/7/03. Consent Order executed on 25/8/03. Consent order to be made in Brisbane before His Honour Judge Skoien on 10/10/03.

MacDonnells

251


Appeal No. 472 of 2002 Reconfiguration of land into 17 lots on Captain Cook Highway, Palm Cove.

Bernhard Graf Appeal against Assessment Manager’s Condition 3 & Concurrence Agency Conditions 2 & 5 relating to construction & dedication of connection road, road traffic noise & visual treatment. Appellant has requested Council’s preliminary position on whether Council would oppose an application for the development to proceed while the appeal is being determined. Appellant has not made an application for this yet. MacDonnells requested in January that the Appellant identify the basis on which it believes that the development can proceed without the matter having gone to hearing. Appellant’s agent is yet to respond. At the callover on 15/7/03 the Appellant’s Solicitor advised that they may seek a directions hearing (on 25/7/03). They are to advise once an application for the hearing is made.

MacDonnells

Appeal No. D474 of 2002 Reconfiguration of a lot into one residential lot plus balance lot at Illawarra Street, Caravonica.

Red Peak Forest Estate Pty Ltd Appeal against Condition 8 – Drainage Contributions. Appellant’s Solicitor sought an order that Appeals No. 474/02 & 4988/02 be heard together. Council consented to the joint hearing of both appeals. Application set down for directions hearing on 23/7/03. On behalf of Council, an order for further & better particulars was made. A response to the request for further and better particulars has been received. Appeal to be heard with Appeal No. 4988 of 2002.

MacDonnells

252


Appeal No. 582 of 2002 State 5 & 6 Rainforest Rise – failure to comply with development permit conditions and operational work permit conditions.

Richardson Plant Hire Pty Ltd & Sinclair Knight Merz

Originating application filed on 4/12/02. Mention held on 12/12/02 - agreed for matter to be adjourned to a date to be fixed. The site has been stabilised and the matter is the subject of ongoing negotiations with the developer. Files returned to Council on 18/3/03. Applicant requested that Council consider an application to amend the planning approval. MacDonnells instructed by Council not to proceed with the declarations until after Council’s meeting on 16/10/03.

MacDonnells

Appeal No. 4988 of 2002

Red Peak Forest Estate Pty Ltd Application for development permit for the MCU - commercial facility incorporating local store & catering shop (coffee shop) & development of 2 offices (commercial premises /service industry & medical centre) & caretaker’s residence for land situated at Fig Tree Dr & Impey St, Caravonica. Appeal against Condition 5 (carparking & access requirements), 16 (drainage easement (Q100 inundation)) & 18 (drainage contributions). Matter to be heard together with Appeal D474 of 2002. Application set down for directions hearing on 23/7/03. On behalf of Council, an order for further & better particulars was made. Expert reports are due to be exchanged by 17/10/03. CCC to attempt to settle matter, & to convene a “without prejudice” meeting with the appellant’s consultants. MacDonnells instructed to proceed with Court action. Appeal set down for hearing (in reserve) on 17,18 & 19 November 2003.

MacDonnells

253


Appeal No. 168 of 2003 Stephen Graham 34 Kewarra Street, Kewarra Beach.

Appeal against refusal of application for material change of use. Application for the development of a boutique motel. Entry of Appearance filed on behalf of Council. Report to Council 28/8/2003, with request to consider a 3 bedroom Bed & Breakfast.

King & Co

Appeal No. 209 of 2003 Bernhard Graf Captain Cook Highway, Palm Cove Appeal against Concurrence Agency conditions 2, 3 & 5 imposed in the Preliminary Approval. Appellant’s Solicitors seeking Council consent to an application for commencement of works on a without prejudice basis. MacDonnells requested that Appellant provide grounds supporting application for development permit for operational works. The Applicant’s solicitors have sought an adjournment of the hearing and requested a ‘without prejudice’ meeting be held. Entry of Proceeding & Application for directions filed & served on 5/9/03. Appellant sought an order under section 4.1.47 of the Act to permit works to commence prior to the hearing of the appeals. Council resisted the application (heard 12/9/03). Judge White delivered his Judgement on 2/10/03 & denied to grant the Appellant’s application. Matter has been set down for a hearing on 27-28/11/03.

MacDonnells

254


Appeal No. 210 of 2003 Bernhard Graf Captain Cook Highway, Palm Cove

Appeal against Assessment Manager Condition 13 – Street Layout & Design, & Concurrence Agency conditions 2, 3 & 5 relating to the construction & dedication of connecting road, land requirements for future road purposes, & traffic noise & visual treatment. Appellant’s Solicitors seeking Council consent to an application for commencement of works on a without prejudice basis. MacDonnells requested that Appellant provide grounds supporting application for development permit for operational works. The Applicant’s solicitors have sought an adjournment of the hearing and requested a ‘without prejudice’ meeting be held. Entry of Proceeding & Application in Pending Proceeding filed & served on 5/9/03. Appellant sought an order under section 4.1.47 of the Act to permit works to commence prior to the hearing of the appeals. Council resisted the application (heard 12/9/03). Judge White delivered his Judgement on 2/10/03 and denied to grant the Appellant’s application. Matter has been set down for a hearing on 27-28/11/03.

MacDonnells

Appeal No. 294 of 2003 Highpoint Berry Ltd Land situated at 32 Moore Street, Trinity Beach. Appeal against approval of an application for a development permit for a MCU (multiple dwellings/holiday apartments). Entry of Proceeding & Application in Pending Proceedings filed 25/9/03. Affidavit material & proposed draft Order to be prepared. Directions hearing heard in Brisbane on 3/10/03. Matter has been set down in reserve on 20-21/11/03.

MacDonnells

255


Appeal No. 306 of 2003 Redlynch Valley Property Pty Ltd Land situated at Gamburra Drive, Redlynch Valley Estate.

Appeal against CCC’s refusal of an application for a development permit for a MCU (residential development). Entry of Appearance filed 25/9/03. Flanagan Consulting Group to be briefed as expert witness. Matter to be set down for directions hearing in November 2003 sittings.

MacDonnells

Appeal No. 310 of 2003 Graf Land situated on Captain Cook Highway, Palm Cove. Application for Declarations that CCC & Stockland Development Pty Ltd have breached conditions of approval relating to pre-existing gullies and watercourses. Originating Application filed & served on 22/9/03. Application listed for a directions hearing on 22/10/03. Entry of Appearance filed & served 26/9/03. MacDonnells requested that respondent particularise the grounds of the Originating Application. Draft order to be prepared.

MacDonnells

Appeal No. 2222 of 2003 Peter Thomas Burke Land situated on the Captain Cook Highway, Smithfield. Appeal against refusal of CCC, under direction of DMR to grant a preliminary approval for a reconfiguration & MCU for commercial purposes. Notice of Appeal filed 3/6/03. Entry of Appearance filed 29/9/03.

MacDonnells

Appeal No. 2956 of 2003 McPherson Maclean Wargon Chapman Pty Ltd

Land situated on corner Foley Road & Captain Cook Highway, Palm Cove. Appeal against failure of CCC to decide an application for a development permit for operations works. Notice of Appeal filed 9/9/03. Entry of Appearance filed 26/9/03.

256



16 OCTOBER 2003

26

CITY DEVELOPMENT – SEPTEMBER 2003 MONTHLY REPORT Peter Tabulo : SDS : 1/3/83 #658824V3

RECOMMENDATION:

That this report be noted P Tabulo General Manager City Development

257


ACTIVITY: City Development – Management & Support [CAA]

Aim

To provide management and support for the City Development Division.

Level of Service Management of City Development Division activities including Development Assessment, Building Certification, Environmental, Health, Local Laws and Community Development.

Officer Responsible

General Manager City Development

On Target Operating Initiative Status Corporate

Plan Link Due Date Complete

(enter %) Yes

(enter √) No *

(enter X)

Nil

Performance Target Assessment (3 = Satisfactory, 2 = Marginal, 1 = Unsatisfactory)

Performance Rating:

3

Variance Report Nil. There is to be quarterly tracking on this measure.

No. of Divisional Operating Initiatives Completed

0

4

8

12

16

20

24

1st Qtr 2nd Qtr 3rd Qtr 4th Qtr

Initiatives plannedto be completed

Actual InitiativesCompleted

Target 95%

Corporate Plan Link: Services and Infrastructure

Prospective Actions Nil

Performance Rating:

3

Variance Report Revenue is increased across the Division due to the strength of the development activity. Also the receipt of grant funding has contributed.

Divisional Operating Budget Performance

-10%

0%

10%

20%

30%

40%

50%

60%

70%

80%

% u

nd

er o

r o

ver

bu

dg

et

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Revenue Expenditure

Rev tolerance range 0 to +2% Exp tolerance range 0 to -5%

Corporate Plan Link: Financial Management

Prospective Actions

258


Operating Divisional Budget Assessment:

YTD Actual ($)

YTD Budget Revised

($)

Var ($) Var (%) Variance Report & Prospective Actions

(where variance is +/- 2%)

Revenue 1,664,201 1,342,478 321,723 24% FAVOURABLE Reasons: Increase in development

activity. Implications / Actions: Position

implications for Council at this stage.

Expenditure 2,727,700 2,944,213 216,513 7%

FAVOURABLE Expenses are in line with the start

of the year. Implications / Actions: Minimal


Operating Budget Assessment: General Manager City Development

YTD Actual ($)

YTD Budget Revised

($)



Revenue 11,856 8,043 3,813 47 UNFAVOURABLE Reasons: Income from FNQROC

has been received. Implications / Actions: Minimal


Expenditure 119,123 144,234 25,111 17

FAVOURABLE Expenses are in line with the start

of the year. Implications / Actions: Minimal


259


SUB PROGRAM City Assessment [CE] ACTIVITY City Assessment – General Administration [CEA] Aim To provide management and support to the City Assessment Branch.

Level of Service

Provide management and support for Branch staff and operations. Attend to all administration requirements of the Branch in an accurate and timely

manner.

OFFICER RESPONSIBLE

MANAGER CITY ASSESSMENT

STAFFING LEVEL (FTE)

3



(enter %) Yes

(enter ) No *

(enter X)

1. To develop and maintain a mail list of clients.

COR2 December 100%

2. To collate monthly statistics on applications received and assessed and report to the Branch

CUS1 Monthly 10%

3. To undertake a review of the Council website and ensure that copies of all relevant strategic land use planning policies are readily available on-line

COR2 September 15%

* Variance Report for Initiatives not on target: The review of the Council website has commenced, but is not complete. The review has primarily focused on addressing CairnsPlan and ensuring relevant information is available to the community on this matter. The review has not been completed as all available resources have been directed to processing Development Applications, Planning Certificates and Pre-lodgement Inquiries. * Prospective Actions for Initiatives not on target: The review of the website will commence within the next month, and will include CairnsPlan.

260



Performance Rating:

2

Variance Report This month has seen a record number (42) of planning certificates. The previous highest number was 33 in 1998. The number of certificates received this year is well above last years average of 15 per month. The Branch is struggling to meet targets due to the sheer number of requests for Certificates, combined with the increased number of Planning applications.

Planning Certificate Response Time (Target 5 days*)*note target time is between 5 and 30 business days depending on type of inquiry

26

13 11

3

10

31

0

5

10

15

20

25

30

35

40

45

July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

Month

No

. R

esp

on

ded

To

within target time outside target time

Corporate Plan Link: CUS – Customer and Community

Prospective Actions Monitor the receipt of this form of inquiry, with a view to responding as soon as possible. Engage temporary staff as they become available.

Operating Budget Assessment:

YTD Actual ($)

YTD Budget Revised

($)



Revenue 18,260 12,875 5,385 42 FAVOURABLE Reasons: The primary source of

revenue is planning certificates. The Branch has received almost 3 times the expected number of requests for certificates this month.

Implications / Actions: Staff are working overtime to manage the increased workload, and to meet the statutory timeframes.

Expenditure 69,608 67,724 (1,884) (3) UNFAVOURABLE Reasons: Expenditure is only slightly

higher than expected, and this extra expenditure can be directly attributed to overtime.

Implications / Actions: No changes proposed at this time.

261


ACTIVITY: Development Assessment [CEC]

Aim

To provide certainty for the development industry and the community through consistency in approach and outcomes.

Level of Service Services associated with timely and appropriate processing of :- Material Change of Use (Impact Assessment) applications; Material Change of Use (Code Assessment) applications; Reconfiguration applications; Combined Applications; Pre-lodgement enquiries; Planning Certificates; Items reported to Council.

Officer Responsible

Manager City Assessment



(enter %) Yes

(enter ) No *

(enter X)

1. CairnsPlan Implementation – engage a new planning officer to respond to needs associated with the CairnsPlan.

SGD1 August 100%

2. Workshop/Training Forums in conjunction with Strategic Planning

SGD1 October 50%

3. CairnsPlan testing

SGD1 October 50%

4. Establish an audit/inspection program for all Material Change of Use Development Permits issued by Council between 30 March 1998 and 30 March 2000

SGD1 December 80%

5. Develop and maintain the Developer Contribution Register

FIN1 Ongoing Ongoing

6. Prepare CairnsPlan user guides

SGD1 January 5%

7. Preparation of a Hillslopes Development Kit

SGD1 January 5%

8. New training initiatives with Customer Service

COR6 Ongoing 50%

* Variance Report for Initiatives not on target: Nil * Prospective Actions for Initiatives not on target: Nil

262



Performance Rating:

3

Variance Report The Branch has received the highest number of applications in a single month since 1998 (which was 33 due to a last minute rush for family lot subdivisions).

Planning Applications Received per Month by Year(Material Change of Use, Reconfiguring a Lot & Combined)

25

21

36

0

5

10

15

20

25

30

35

40


Month

Nu

mb

er o

f A

pp

lica

tio

ns

00 / 01 Av. 01 / 02 Av. 02 / 03 Av. 03 / 04 .

Corporate Plan Link: SGD – Sustainable Growth and Development

Prospective Actions Staff are working overtime and it is proposed to engage relief staff. Although there is a national shortage of Planning Staff, and it is difficult to find staff.

Performance Rating:

2

Variance Report There is a negative relationship between the number of inquiries sent out within the timeframe, and the number of Planning Certificates and Applications received. This is because the staff priority is on meeting statutory timeframes for these items.

Pre-lodgement Enquiry Response Time (Target 8 days)

0

5

10

15

20

25

30

35


Month

No

. R

esp

on

ded

To

< 8 days > 8 days '02 average replied to / month


Prospective Actions Monitor the receipt of this form of inquiry, with a view to responding as soon as possible. There is no statutory time frame for this free service.

263


Performance Rating:

2

Variance Report The Branch has received a record number of applications, and there are some difficulties meeting all the statutory timeframes.

Time Taken to Issue Acknowledgement Notices

1311

8

11

4

10

0

5

10

15

20

25

30


Month

Nu

mb

er

< 7 Days > 7 Days


Prospective Actions This item is an administrative item and is best managed at Branch level. It is proposed to remove this measure from the monthly reporting at the 3 monthly review.

Performance Rating:

2

Variance Report The Branch has received a record number of applications, and there are some difficulties meeting all the statutory timeframes.

Number of Extension of Time Letters Sent

7 7

14

0

2

4

6

8

10

12

14

16


Month

Nu

mb

er

Extension of Time


Prospective Actions Monitor this item with a view to reducing the number of extensions of time issued each month.

264


Performance Rating:

2

Variance Report 5 of the 37 applications considered by Council in September were applications that had previously been considered by Council. The reasons for reconsideration were: Applicant initiated

changes (3); Councillor

initiated changes, (0);

Deferral by Council (1);

Appeals (1);

Indicator: Level of re-work Target: No additional reports to be submitted to Council for amendments to development applications.

Reports to Meeting including Re-work

24

3832

5

2

5

0

5

10

15

20

25

30

35

40

45


Month

Nu

mb

er

New Applications to meeting Rework




YTD Actual ($)

YTD Budget Revised

($)



Revenue 224,410 103,497 120,913 117 FAVOURABLE Reasons: The primary source of

revenue is development applications. The Branch has received the highest number of applications in a single month since 1998 (when a rush of applications for family lot subdivisions were received).

Implications / Actions: Staff are working overtime and it is proposed to engage relief staff. Significantly, the high amount of revenue (i.e. applications) in the Development Assessment Team is a strong indication of the likelihood of increased applications and revenue in the next few months for Subdivision Services.

265


Expenditure 116,365 94,934 (21,431) (23) FAVOURABLE

Reasons: While the revenue for the Branch is high, the expenses will also be high, as this reflects the overtime and consultants required to relieve the workload.

Implications / Actions: The expenditure will be monitored to ensure that it within reasonable proportion to revenue.

266


ACTIVITY: Subdivision Services [CEE]

Aim

To provide certainty for the development industry and the community through consistency in approach and outcomes. To reduce unnecessary delays in decision-making. To support and encourage development which complies with legislative requirements, Council’s development manual and local laws, and meets community expectations.

Level of Service Service associated with timely and appropriate processing of : Operational Works application; Local Law applications; Survey Plans; Building Format Plans; Flood Searches.

Officer Responsible




(enter %) Yes

(enter ) No *

(enter X)

1. Facilitate an Erosion and Sediment Control Training/Workshop.

COR7 February 5%

2. Affiliate and promote Land for Wildlife SGD2 June 0% 3. Undertake stage 3 &4 of the Rural Road

Addressing Program. COR2 October 50%

4. Implement quarterly inspection program for all Extractive Industry sites.

SGD2 October 20%

5. Prepare Brochures on the Landscape Guidelines for Footpaths.

SGD1 June 80%

6. Maintain the Developer Contribution Calculator Quarterly.

SER3 Ongoing 20%

7. Report on the number of lots & parkland developed by locality/division on a monthly basis.

FIN1 Ongoing 20%

267



Performance Rating:

2

Variance Report The number of Decision notices issued has been lower than expected, this is as a result of the poor quality of the applications and the need for information requests.

Operational Works Decisions per Month by Year

5

4

2

0

1

2

3

4

5

6

7

8

9


Month

Nu

mb

er o

f D

ecis

ion

s

00 / 01 Av. 01 / 02 Av. 02 / 03 Av. Determined 03 / 04Received 03 / 04


Prospective Actions The introduction of a re-assessment fee (adopted by Council in September) is expected to help improve the standard of applications.

Performance Rating:

3

Variance Report While the number of units / lots created continues to vary, the overall number of new properties continues to grow.

Building Format Plans and Standard Format Plans Signed per Month

42

107

38

73

138

205

153 3315 21

0

50

100

150

200

250


Month

No. Units No Lots BFPs SFPs


Prospective Actions No action required.

268



YTD Actual ($)

YTD Budget Revised

($)



Revenue 258,232 83,770 174,462 208 FAVOURABLE Reasons: There has been an

influx of applications for operational works / Checking of Engineering Drawings, which has resulted in the higher than expected income for this month.

Implications / Actions: The number of applications is subject to seasonal fluctuations, and at this time developers are keen to undertake works before the commencement of the wet season. In order to process the applications within statutory time frames, some applications are being given to consultants to assess.

Expenditure 118,698 133,302 14,604 11 FAVOURABLE

Reasons: The difference in expenditure compared to budget can be attributed to outstanding invoices from consultants, that have not been accrued this month.

Implications / Actions: Monitor

269


ACTIVITY: Strategic Land Use Planning [CEF]

Aim

To ensure that community desires, Council’s objectives, and legislative requirements are reflected in strategic plans, the CairnsPlan in liaison with Government and agencies.

Level of Service Identification and preparation of strategic plans, adopted by Council, to ensure sustainable and co-ordinated urban development.

Maintain the Development Manual.

Officer Responsible




(enter %) Yes

(enter ) No *

(enter X)

To complete the following projects by June 04: CairnsPlan Consultancy CairnsPlan Public Consultation &

Implementation CairnsPlan printing/Design Review of Local Area Open Space

management Plan & land valuations State of the Environment reporting Development of a Heritage Information Kit

for landowners Barron River Integrated Catchment

Management Association Precept Development of Cairns Style’ brochures Resident information kits – specialised to

suburb/locality Undertake an audit of all developer

contributions unpaid for development applications between March 1998 and June 2003

Develop the credits register for agreements, within the existing Developer Contributions register

SGD1 SGD1

SGD1 SGD1

SGD1 SGD1

SGD1

SGD1 SGD1

SGD1

SGD1

June June

June June

June June

June

June June

June

June

65% 30%

60% 0%

10% 5%

0%

0% 25%

70%

10%

* Variance Report for Initiatives not on target: With the exception of Cairnsplan all other initiatives are reported quarterly, as the milestones within these projects are usually spread over longer timeframes. * Prospective Actions for Initiatives not on target: Nil

270



Performance Rating:

3

Variance Report Nil

Indicator: Completion of Projects Target: To complete all projects within budget and

timeframes Reporting Frequency: Quarterly Performance Assessment: On track




YTD Actual ($)

YTD Budget Revised

($)



Revenue 0 0 0 0 No comment required

Expenditure 16,723 94,409 77,686 82 FAVOURABLE Reasons: Invoices for the projects

have not been received at this time. This will change within the next month as CairnsPlan public consultation commences.

Implications / Actions: The commencement of consultation CairnsPlan will result in expenditure on advertising, promotional materials and printing. Additionally, Strategic Planning Officers will be able to commence the other strategic projects planned for this year, which in turn will increase expenditure.

271


SUB PROGRAM Environmental Assessment [CG]

ACTIVITY: Environmental Assessment – General Administration [CGC]

Aim

To provide a comprehensive and timely administrative support to the Branch and to respond in a professional manner with matters raised by ratepayers and customers.

Level of Service Maintain accurate property based records. Respond to resident’s requests within five (5) working days. Process Licensing and Registration applications within quality assured procedures

and within twenty (20) works days of receipt.

Officer Responsible

Manager Environmental Assessment


YTD Actual ($)

YTD Budget Revised

($)



Revenue 325 0 325 n/m N/A

Expenditure 37,081 53,527 16,446 31% FAVOURABLE Reasons: Budget on Target –

Vacant position unfilled Implications / Actions: To be

reviewed

272


ACTIVITY: Building Regulation [CGA]

Aim

To provide building regulatory services to met State and Local legislative requirements.

Level of Service Ensure compliance of building work with Local Laws and State legislation. Maintain records of all building work.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Carry out assessments and collate statistical information within the Legislative time frame.

COR2 June 2004 8%

2. Develop scheduled Flammable & Combustible inspection & electronic licensing system.

SGD1 June 2004 8%

3. Assessment of compliance applications for Budget Accommodation & Residential Services (Accreditation).

SGD1 June 2004 8%

4. Assessment of preliminary applications for building work.

SGD1 June 2004 8%

* Variance Report for Initiatives not on target: Nil * Prospective Actions for Initiatives not on target: Nil Performance Target Assessment (3 = Satisfactory, 2 = Marginal, 1 = Unsatisfactory)

Performance Rating:

3

Variance Report Increase in Applications due to increase development activity

Building Regulation Applications

0

50

100

150

200

250

300

350

400


No

of

Ap

pro

vals

Dwelling Other Commercial 2002-03 Total

Corporate Plan Link: SGD1

Prospective Actions N/A

273


Performance Rating:

3

Variance Report Increase due to development activity

Building Searches(monitor against previous year stats)

010

203040

50607080

90100


Building Permit Original Date & CostCompliance 2002-03 Averaged



Performance Rating:

3

Variance Report Increased development activity

Building Requests(monitor against previous year stats)

0

10

20

30

40

50

60


Certificate of Classification Building Plan2002-03 Averaged



Performance Rating:

3


Building Complaints(monitor against previous year stats)

0

5

10

15

20

25

30


2003-04 2002-03 Averaged



274


Performance Rating:

3


Building Applications(monitor against previous year stats)

0

10

20

30

40

50

60


Siting Asthetics & Amenity2002-03 Averaged




YTD Actual ($)

YTD Budget Revised

($)



Revenue 125,207 73,626 51,581 70% FAVOURABLE Reasons: Activity in Building

Industry Implications / Actions: Activity will

slow in coming months due to energy efficient legislation

Expenditure 46,988 33,106 (13,882) (42)% UNFAVOURABLE

Reasons: Misallocation of Salaries Implications / Actions: To be

adjusted November review

275


ACTIVITY: Environmental Protection Unit [CGE]

Aim

To ensure that Council’s responsibilities are fulfilled for devolved activities under the Environmental Protection Act 1994 and the Environmental Protection (Water) Policy.

Level of Service Administer devolved Environmentally Relevant Activities (ERA’s) in accordance with standard operating procedures.

Administer the Environment Protection Policy (Water) in accordance with Memorandum of Understanding with the Environmental Protection Agency (EPA).

Provide advice and direction to external clients in order to achieve compliance with environmental licences.

Continue the Unlicensed Premises Inspection Program and the Environmental Authority Compliance Inspection Program.

Achieve 100% compliance with EPA reporting requirements. Assess complaints of an environmentally sensitive nature and action within

legislative time frames.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Conduct initial audit of unlicensed devolved ERA’s and implement corrective actions by June 04.

SGD2 June 2004 8%


Performance Rating:

3

Variance Report Nil

Development Approval's and Personal Licences issued for the operation of an Environmentally Relevant Activity

0

2

4

6

8

10

July Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Month

To

tal

2003/2004 Average 02/03


Prospective Actions Inspections as required by relevant legislation

276


Performance Rating:

3

Variance Report Nil

Identification of Unlicensed Environmentally Relevant Activities

0

2

4

6

8

10


Month

To

tal

2003/2004 Av 02/03



Performance Rating:

2

Variance Report Failure to comply with Environmental management requirements

Inspections conducted in accordance with the Environmantal Protection (Water) Policy 1997

0

10

20

30

40

50

Jul

Aug

Sep Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

Jun

Penalty Infringement Notices - EPP (Water)

Warnings Issued

Inspections


Prospective Actions Continued promotion of Environmental Awareness within industries and the general community


YTD Actual ($)

YTD Budget Revised

($)



Revenue 14,536 23,247 (8,711) (37)% UNFAVOURABLE Reasons: Licences Not paid

Implications / Actions: Year to Date budget accrues accounts over 12 month period, will balance out over the financial year

Expenditure 41,522 45,436 3,915 9% FAVOURABLE

Reasons: Vacant position filled in August 2003

Implications / Actions: To be reviewed

277


ACTIVITY: Health Licences [CGG]

Aim

To provide regulatory and educative services for Council’s public health responsibilities under State legislation and Council’s local laws.

Level of Service Undertake licensing and inspections of all health related premises and other public health related premises (Food Premises, Accommodation/Hostel, Hairdressers).

Provide an effective inspection program as identified by the level of risk. Respond to complaints received.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Develop and deploy a Risk Management Programme for registered premises.

SGD3 June 2004 8%

2. Identify unregistered premises and implement corrective action by June 04.

SGD3 June 2004 8%

3. Engage an additional Environmental Health officer to meet Council’s on-going obligations under the Food Regulations.

COR6 Sept 2003 100%



Performance Rating:

1

Variance Report Inspection program has increased acceptable premises to target level

NUMBER OF * PREMISES INSPECTED - ACCEPTABLE / NOT ACCEPTABLE

0

50

100

150

200

July Aug Sept

Nu

mb

er o

f In

spec

tio

ns

Acceptable Not Acceptable Target 80% Acceptable


Prospective Actions Ongoing inspection program

278


Performance Rating:

1

Variance Report Variance due to assessment of Applications incomplete

Number *Premises Registeredexcluding flats

0

200

400

600

800

1000

1200

1400

July Aug Sept

Nu

mb

er

*Premises = Food, Accommodation, Hair, Skin

Target 90% Registration

NOTE: Flat numbers not included in final calculations, as flat registrations will be dealt with as a project Corporate Plan Link: SGD3

Prospective Actions Complete assessment of applications and issue certificates

Performance Rating:

3

Variance Report One officer on annual leave all month: Two officers totally employed in preparing prosecution brief – food shop

Inspections

050

100150200250300350

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May JunMonth

Nu

mb

er

Complaints Routine Follow-Up Notices


Prospective Actions One food shop prosecution under the Food Act 1981

279


Courses /Training/ Meetings attended by Environmental Health Officers Follow-up on sediment control training Risk Watch Meeting Induction training for new EHOs Powers of entry training Supervisor Development training Powers of Entry ‘Train the Trainer’ workshops Other Activities carried out by Environmental Health Officers Processing of outdoor concert application – Little Day Out Preparation of food shop prosecutions Closure of food shop Closure of hostel Participation in FSANZ teleconference General Comments EHOs Lisa Collins and Ben Ryan started employment, bringing our unit up to full

staffing levels



YTD Actual ($)

YTD Budget Revised

($)



Revenue 142,200 119,499 22,701 19% FAVOURABLE Reasons: Licence Renewal due

date is September Implications / Actions: Will be

accrued throughout the year

Expenditure 125,653 156,759 31,106 20% FAVOURABLE Reasons: Positions Vacant Implications / Actions: Positions

now filled

280


ACTIVITY: Vector Control [CGI]

Aim

To deliver a program of Vector Control that reduces the prevalence of the mosquito and midge in a cost effective manner.

Level of Service Provide service to delivery effective methods to reduce vector incidences. Provide Pest Control on Council properties and information to the public.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Enhance public information on vector control including utilising council’s website and other public places.

COR2 June 2004 8%

2. Investigate more cost effective means of program delivery.

COR5 June 2004 8%

3. Investigate alternate methods of control. COR5 June 2004 8% * Variance Report for Initiatives not on target: Nil * Prospective Actions for Initiatives not on target: Nil

281



Performance Rating:

3

Variance Report N/A

Fish Breeding (Eastern Rainbow) At this time of year, no releases of fish are taking place Breeding of fish has commenced Light Trapping No light trapping being carried out this month Dengue No further cases have been reported this month

Mosquito/Midge Complaints

0

10

20

30


Mosquito Midge

Corporate Plan Link: COR5



YTD Actual ($)

YTD Budget Revised

($)



Revenue 0 0 0 n/m N/A

Expenditure 101,194 133,375 32,181 24% FAVOURABLE Reasons: Budget allocation of

monies for Fogging Machine not expended ($15,000)

Implications / Actions: N/A

282


ACTIVITY: Animal Control [CGK]

Aim

To ensure that animals are controlled so as not to create a public nuisance while at the same time promoting responsible pet ownership.

Level of Service Dog registration. Response to dog and cat complaints. Dog Impoundments. Provide an education program to schools and community groups.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Provide educational programme to schools COR2 June 2004 20% 2. Public awareness programme promoting

responsible pet ownership. June 2004 15%

3. Promotion of positive results – media release.

June 2004 30%


Performance Rating:

3

Variance Report Due Date for 2002/2003 Registrations – 30th September 2002

Number of Registered Dogs

0

2000

4000

6000

8000

10000

12000

14000


Reg

istr

atio

ns

2003-04 2002-03



283


Performance Rating:

3

Variance Report Number of complaints received is above last year, no apparent reasons

Number of Dog and Cat Complaints per Month

0100200300400500600


Nu

mb

er o

f C

om

pla

ints

2003/04 2002/03


Prospective Actions Staff are managing increased number adequately

Performance Rating:

3

Variance Report Nil

Impounded Dogs Registered/Unregistered

020406080

100120140

Jul02/03

Jul03/04

Aug02/03

Aug03/04

Sep02/03

Sep03/04

Oct Nov Dec

Nu

mb

er

Registered Unregistered



Registration and Release Details September YTD

Number of dogs registered 510 14154 Number of dogs impounded 95 273 Number of Animal Control related complaints received and actioned

366 1205

Number of dogs not wearing tags 11 43 Number of dogs wearing tags 84 230 Number of dogs returned to their owner 62 170 Number of dogs euthanaised 11 42 Number of dogs surrendered to a refuge 17 45 Number of dogs still in the pound 5 16 Number of dogs seized under destruction orders 0 0 Number of dangerous dog orders issued 0 0 Number of Infringements issued 4 7 Number of Restricted Dog Applications 0 1 Number of Restricted Dog Permits issued 0 1

284


Dogs Impounded by

Suburb No. YTD Dogs Impounded by

Suburb No. YTD

Aloomba 1 2 Manoora 4 9 Babinda 1 3 Manunda 4 15 Bayview Heights 1 7 Mooroobool 7 12 Bentley Park 3 7 Mount Sheridan 2 14 Bramston Beach 0 0 Palm Cove 1 2 Brinsmead 2 4 Parramatta Park 3 7 Bungalow 4 6 Portsmith 1 2 Cairns North 3 13 Redlynch 3 4 Clifton Beach 0 1 Smithfield 2 7 Earlville 5 26 Stratford 0 3 Edge Hill 0 5 Trinity Beach 3 15 Edmonton 7 18 Trinity Park 0 1 Freshwater 4 7 Westcourt 5 8 Goldsborough 2 7 White Rock 6 13 Gordonvale 6 14 Whitfield 1 4 Holloways Beach 0 5 Woree 3 11 Kamerunga 1 6 Yorkeys Knob 2 5 Kanimbla 2 2 Kewarra Beach 6 7 Machans Beach 0 1 Operating Budget Assessment:

YTD Actual ($)

YTD Budget Revised

($)



Revenue 106,819 140,397 (33,578) (24)% UNFAVOURABLE Reasons: Registrations still

payable Implications / Actions: Audit

inspections started

Expenditure 157,493 176,319 18,826 11% FAVOURABLE Reasons: Less call outs than

previous month Implications / Actions: Nil

285


ACTIVITY: Local Laws Enforcement [CGM]

Aim

To ensure regulation of Council’s Local Laws and relevant legislation and further maintain compliance relating to developments with Council’s Planning Approval.

Level of Service Ensure all sectors of the Community comply with Council’s Local Laws, Planning Scheme and relevant legislation.

Process and regulate applications submitted in relation to Council’s Local Laws and inspect for compliance regarding permit conditions.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Convert the administrative support of the activity to the Authority system.

COR2 Jan 2004 20%

2. Increase surveillance and assessment of Local Laws requirements by June 04.

June 2004 10%


Performance Rating:

3

Variance Report Account Renewals sent earlier this financial year than 2002/2003

Local Laws Permits Issued

0

20

40

60


Year

Nu

mb

er

2002/03 2003/04



286


Performance Rating:

3

Variance Report A total comparison shows approximately the same number of renewals received after the first quarter.

Outdoor Dining Permits Issued

05

1015202530354045

Jul

AugSep Oct

NovDec Ja

nFeb M

ar AprM

ay Jun

Month

Nu

mb

er

2002/03 2003/04



Performance Rating:

3

Variance Report An increase in abandoned vehicle and overgrown allotment complaints for the month of September

New Complaints / Requests

0

50

100

150

200

250

Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

Month

Nu

mb

er

Planning Local Laws


Prospective Actions Random patrols for the early detection of such

287


Performance Rating:

3

Variance Report September – Campers begin to decrease due to climatic conditions

Inspections

0

200

400

600

800

1000


Nu

mb

er

Other Local Law 22 Illegal Camping



Performance Rating:

3

Variance Report Renewal applications due during various times of the year

Applications

05

10152025303540455055


Month

Nu

mb

er

Portable Advertisements Outdoor Dining New

Outdoor Dining Renewals Advertising Signs



288


Performance Rating:

3

Variance Report A decrease in applications for Advertisements

Reports to Council

0

2

4

6

8


Month

Nu

mb

er

Advertising Outdoor Dining



Performance Rating:

3

Variance Report All Local Law/Planning non-compliance notices were counted. August figures were for Planning only

Legals - Notices Issued

0

50

100

150

200

250

300

350

400

450

500


Month

Nu

mb

er

Local Laws Other



289



YTD Actual ($)

YTD Budget Revised

($)



Revenue 109,505 74,493 35,012 47% FAVOURABLE Reasons: Outdoor Dining account

to be accrued Implications / Actions: Nil

Expenditure 103,571 98,450 (5,121) (5)% UNFAVOURABLE Reasons: Out-of-Hours patrolling

for campers Implications / Actions: Nil

290


SUB PROGRAM Community Development [CI]

ACTIVITY: Community & Cultural Development [CIA]

Aim

To assist in building a positive, cohesive community by successfully supporting, facilitating and implementing initiatives across a wide range of Council services that : Develop resources and capacities, and Promote a safe, productive and inclusive community.

Level of Service Respond to customer and community enquiries, through various mediums, which include referral, advice, consultation, advocacy and community events.

Develop information and educational resources, which include forums, workshops, newsletters, service directories and pamphlets, exhibitions and displays per year.

Assist the community to implement projects that engage local communities including activities that promote individual, family and community well being.

Respond to all customer enquiries within 48hours.

Officer Responsible

Manager Community Development



(enter %) Yes

(enter √) No *

(enter X)

1. Develop and implement a Well-being and Safety plan which focuses on a range of initiatives that promote belonging, action orientated productivity and a sense of community safety and well being by June 04

SGD3 June 04 30% √

2. Form partnerships with government and non-government agencies to address community and cultural development issues facing Northern and Southern suburbs by June 04

SER5 June 04 25% √

3. Facilitate components of wider community events as a means of providing celebrative opportunities and forming a working relationship with the community of Cairns by June 04

SGD3 June 04 15% √

4. Assume funding of the existing Indigenous Liaison and Policy position, previously ATSIC funded

SGD3 July 03 100% √


291



Performance Rating:

3 Variance Report Target will be set by 3 month review. Two full time Officers were on annual leave during the reporting period of September.

Community Contact

0

1000

2000

3000

4000

5000

Jul-03 Aug-03 Sep-03 Oct-03 Nov-03 Dec-03

No.

of C

onta

ct

Phone Emails Meetings

Letters Community Events Target

Corporate Plan Link: [community and customer]

Prospective Actions Nil.


YTD Actual ($)

YTD Budget Revised

($)



Revenue 245,831 200,361 45,470 23 FAVOURABLE Reasons: Due to rollovers revenue

is higher than anticipated for financial year.

Implications / Actions: Nil

Expenditure 194,200 401,519 595,719 148 FAVOURABLE Reasons: Expenditure is under as

we are in the planning stage for activities and the relevant expenditure is yet to occur. Also CD and Arts grants have yet to be allocated.

Implications / Actions: All planned initiatives and activities will utilise this years budget fully.

292


ACTIVITY: Graft’n’Arts [CIC]

Aim

To successfully develop and implement a wide range of arts and cultural activities and programs that cater to the current and future diverse needs of the Cairns and Far North communities.

Level of Service Provide arts and cultural services that cater to the diverse socio-economic needs of the Cairns Community.

Provide services that target both young people and adults with funding sourced from non-Council entities where possible.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. To relocate to new premises COR6 03/04 2. To provide and further develop a range of

diverse arts and cultural programs for young people in the Cairns region

SGD3 Ongoing 16.6% √

3. To provide Arts & Cultural services that cater for the diverse socio economic needs of the Cairns community

CUS7 Ongoing 16.6% √

4. To sustain and further develop Government and industry partnerships that increase service capacity (Local, State and Federal), which increases service capacity

SER5 Ongoing 16.6% √

5. To enhance and further develop industry partnerships which increase service capacity

SER5 Ongoing 16.6% √

* Variance Report for Initiatives not on target: “Nil” * Prospective Actions for Initiatives not on target: “Nil”

293



Performance Rating:

3 Variance Report This graph shows number of attendances at workshops and events. It does not reflect actual numbers of people as individuals may be counted many times at events throughout the month.

Arts & Cultural Programme

0500

100015002000

July

Aug Sep OctNov Dec Ja

nFeb M

ar AprM

ay

June

Workshops/activities

Att

end

ance

Attendance Target

Corporate Plan Link: Customer and Community


Performance Rating:

3 Variance Report This month shows a high number due to Festival Cairns activities.

Arts & Cultural Events

0

10000

20000

30000

July

Aug Sep OctNov Dec Ja

nFeb M

ar AprM

ayJu

ne

Events

Att

end

ance

Events Targets



294


Performance Rating:

3 Variance Report On target.

Development of new initiatives within the Graft’n’Arts programme to

increase Gov/nonGov partnerships :- Four (4) Government funded programmes are being developed &

implemented throughout September. These include Festivals Australia grant towards Festival Cairns, Arts QLD grants for Circus Alliance, Youth Initiatives and Axis Youth Arts conference.

Another State Gov. grant for MusiCairns has been received.

Business Partnerships :- Event Cairns/Festival Cairns overall partnership for Festival MusiCairns partnership with Reef Casino/Buzz Music, Progear, Qld Security

Providers, Inbox, Qmusic, Cairns Civic Theatre , Esplanade City Management/City Place Restaurants/ PR dept.

Graft’n’Arts / Youth Arts Qld & Youth Performing Arts Qld

Corporate Plan Link: Customer and community



YTD Actual ($)

YTD Budget Revised

($)

Var ($) 13661

Var (%)

Variance Report & Prospective Actions


Revenue 171,253 159,160 12,093 8 FAVOURABLE Reasons: Grants have been

received on time and new initiative grants received


Expenditure 240,853 243,867 3,014 1 FAVOURABLE Reasons: On target because of

extra income and busiest time of the year ie Festival Cairns.


295


ACTIVITY: Hambledon House AUGUST 2003

Aim

To provide support services to families, individuals, groups, communities, other services and networks in Cairns southern Suburbs.

Level of Service Hambledon House Information Services are available 5 days per week over 27.5 hours.

Support and counselling is provided to families. Information and feedback is provided to community members. Facilities are available for hire by community groups.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Develop a plan to increase opportunities for participation in community life for people with disabilities residing in the Southern Suburbs by Aug 03

CUS7 August 2003

100%

2. Increase accessibility of information regarding services provided by Hambledon House Community Centre to the multicultural communities of the Southern Suburbs by Dec 03

CUS7 December 2003

40%

3. Facilitate a multicultural component for Community Centres Week in May 04

SGD3 May 2004 10%

4. Develop strategies to address identified issues of isolated families in Southern Suburbs by March 04

CUS7 March 2004

10%

5. Facilitate the development of a plan to assist the establishment of Adult Community Education opportunities with a focus on Information Technology for residents of the Southern Suburbs by June 04

SCD3 June 2004 10%


296



Performance Rating:

3

Variance Report Above set target.

No. of hours of community access to meeting rooms

0

50

100

150

200

250

300

350

July August Sept OctMonth

Actual hours

Target


Prospective Actions

Nil

Performance Rating:

3


No. of different groups accessing meeting rooms

0

10

20

30

40

July August Sept Oct

Month

Groups

Target


Prospective Actions

Nil

Performance Rating:

3

Variance Report

On target.

No. of new groups accessing meeting rooms

0

1

2

3

4

5


Month

New groups

Target


Prospective Actions

Nil

297


Performance Rating:

3


No. of community members accessing reception

0

10

20

30

40

50


Month

Individuals

Target


Prospective Actions

Nil

Performance Rating:

3

Variance Report Below set target.

Provision of information/assistance to individuals/groups by Community Support Coordinator

02468

101214


Month

Individuals/groups

Target

Corporate Plan Link: Sustainable Growth and Development

Prospective Actions Community Support Coordinator on leave 15/9/03 to 6/10/03.

Performance Rating:

3


No. of counselling appointments provided to families by Family Support Worker

0

10

20

30

40


Month

Counsellingappointments

Target


Prospective Actions

Nil.

298


Performance Rating:

3


No. of hours of counselling support provided to families by Family Support Worker

0

20

40

60

80


Month

Hours

Target


Prospective Actions

Nil.

Performance Rating:

3


No .of new referrals received by Family Support Worker

0

2

4

6

8

10

12


Month

New referrals

Target


Prospective Actions

8 referrals currently on waiting list.

299



YTD Actual ($)

YTD Budget Revised

($)



Revenue 45,255 32,200 13,055 41 FAVOURABLE Reasons: Additional project

funding of $12,102 received from Dept of Families, future Directions initiative for the Bridging of the Generation Gap in Multicultural Communities project: “ConneXions, Voices Makin’ Choices”.

Implications/Actions: Nil Expenditure 39,406 41,403 1,997 5 FAVOURABLE

Reasons: On Target Implications/Actions: Nil

300


ACTIVITY: Library Services [CII]

Aim

To enrich the community through the provision of access to information and resources, regardless of format, in a manner that promotes and supports lifestyle, leisure, cultural opportunities and lifelong learning.

Level of Service Provide services through 8 branch locations, open a total of 336 hours per week. Provide 50 hours per week of professional reference service for the Cairns

Community. Dispatch inter-branch loans within 48 hours of receipt of request. Libraries currently provide 86.25hrs per week of Council Customer Service Centre

functions at three (3) branches.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Effect the closure of the Woree library with minimal impact to the operation of the library network and the surrounding community

SER4 Oct 03 80%

2. Establish the new Earlville library at shop MO7M Stockland Centre. Monitor and address operational and growth issues to effectively and efficiently meet community needs, particularly in the area of staffing new innovations; engage 3 additional library assistants to respond to growth in demand for service

SGD3 Oct 03 90%

3. Actively identify, develop and market Cairns libraries’ new innovations, technology and facilities to the Cairns community throughout 2003/2004

COR5 Jun 04 25%

4. Continuously provide an accurate, reliable catalogue utilising innovative technology and new library management system

COR5 Jun 04 20%

5. Ensure that the library network is well maintained and operated by motivated, well trained and well presented staff

COR6 Jun 04 20%

6. Implement the recommendations of the Strategic Library review as adopted by Council regarding branch and staffing requirements by June 04

FIN1 Jun 04 20%

7. Review the structure of libraries and develop an effective structure based on the efficient and timely delivery of innovative services by Jan 04

FIN1 Jan 04 20%

8. Implement a ‘Friends of the Library ‘program to support additional customer service projects by Sept 03

CUS7

Dec 03 35% Corrective

action taken

X

301


9. Redefine and extend the existing

homebound service to areas outside the existing boundaries by June 04

CUS7 Jun 04 15%

10. Develop and market innovative children’s services, events and facilities across libraries by Feb 04

FIN1 Feb 04 30%

11. Actively seek ways to animate libraries by initiating and participating in Literary, Arts and cultural events throughout 2003/2004

FIN1 Jun 04 25%

12. Promote and market the Eight (8) Cairns library branches as a value added, lifestyle venue for all members of the community

COR7 Jun 04 25%

13. Actively seek funding and grants to increase library revenue throughout 2003/2004

FIN2 Jun 04 15%

* Variance Report for Initiatives not on target: Re Initiative No 8: Implementation of a Friends of the Library program. Special Services Librarian Marketing has been appointed and has strategy in place. The opening of the Earlville Library is the number one priority. * Prospective Actions for Initiatives not on target: Re Initiative No 8: Although not on target, all necessary information, contacts and documentation has been compiled ready for action. Friends of the Library has been escalated due to the appointment of the Special Services Librarian Marketing and is the highest priority for the new position. Significant progress is being made as a result. Performance Target Assessment (3 = Satisfactory, 2 = Marginal, 1 = Unsatisfactory)

Performance Rating:

2

Variance Report Visitor numbers were lower in August. A better result can be achieved.

Visitors Numbers vis a vis The Population

0

50000

100000

150000

Jun-

03

Jul-0

3

Aug

-03

Sep

-03

Oct

-03

Nov

-03

Dec

-03

Jan-

04

Feb

-04

Mar

-04

Apr

-04

May

-04

Jun-

04

Visitor Numbers Per Month

Cai

rns

Pop

ulat

ion

Cairns Population Library Visitors


Prospective Actions Through marketing libraries as a lifestyle venue, a new management system and website, results should improve and target should be met

302


Performance Rating:

3

Variance Report Whilst membership numbers are satisfactory an increase of 5% during the year is targeted

Library membership per capita of population

020000400006000080000

100000120000140000

Jun-

03

Jul-0

3

Aug

-03

Sep

-03

Oct

-03

Nov

-03

Dec

-03

Jan-

04

Feb

-04

Mar

-04

Apr

-04

May

-04

Library membership

Cai

rns

Pop

ulat

ion

Population Cairns libraries

Corporate Plan Link: FIN1

Prospective Actions Through the year operational strategies encouraging membership will take effect, particularly in the children’s and senior’s categories.

Performance Rating:

3

Variance Report On target.

Library Revenue is on target to achieve 7.5% increase for the year. Some accounting anomalies appearing in the first month of the financial year have been identified and corrected.

Corporate Plan Link: FIN2



YTD Actual ($)

YTD Budget Revised

($)



Revenue 58,085 190,474 (132,389) (70) FAVOURABLE Reasons: Achieved the target set

for the year of 7.5% increase in revenue.

Fees and charges have been restructured and additional revenue has been gained from outsourcing the Book Sale. The favourable variance should continue throughout the year 2003/04

Implications / Actions: Target will be exceeded for the year.

303


Expenditure 634,621 859,150 224,529 26 FAVOURABLE

Reasons: Variance due to a number of factors including delays in appointment of staff and invoicing to date.

Implications / Actions: budget smoothing should take effect over the next few months addressing the variance

304


ACTIVITY: Tanks Art Centre [EEF]

Aim To provide a multi-functional venue for corporate and community use. Level of Service Venue available for hire for 7 days per week for 10 months per year.

Support and effect an affordable, safe environmental venue for the production of over 400 events per year.

Respond to customer service requests with 72 hours Produce and distribute 5 promotional newsletters per year.

Officer Responsible Manager Precincts and Facilities

On Target

Operating Initiative Status Corporate Plan Link

Due Date Complete Yes No *

Produce 7 Arts and Craft Markets in partnership with government and non- government agencies by June 04

SGD3 June 2004 71%

Consult in the planning and development of the Cultural and Botanic Precinct on Collins Avenue

SGD3 ongoing

Partnership with Botanic Gardens in the opening event of Festival Cairns featuring the botanic /cultural precinct. Carnival on Collins by Oct 03

SGD3 October

2003 100%

Host 3 national touring exhibitions per year SGD3 June 2004 75%

Collaborate with the 3 tiers of Educational Institutions to produce 4 student Exhibitions per year

SGD3 December

2003 70%

* Variance Report for Initiatives not on target: Nil. * Prospective Actions for Initiatives not on target: Nil.


Performance Rating:

Variance Report Not necessary to report at this time. Will be inputted at end of first quarter.

Levels of Customer Satisfaction

0

20

40

60

80

100

1st Qtr 2nd Qtr 3rd Qtr 4th Qtr

%

Actual Target

Corporate Plan Link: Customer & Community

Prospective Actions

305


Performance Rating:

3

Variance Report

Attendance at activities and events 2003/04

02000400060008000

100001200014000160001800020000


Pro

gre

ssiv

e to

tal

2003-2004 2002-2003 2001-2002 Target

Corporate Plan Link: Customer & Community

Prospective Actions


YTD

Actual ($)

YTD Budget Revised

($)

Var ($) Var (%) Variance Report & Prospective

Actions (where variance is +/- 2%)

Revenue 42,599 36,022 6,578 18

“FAVOURABLE” Reasons: Carnival on Collins and

other activities. Implications / Actions: Will even

out over budget year.

Expenditure 93,088 64,539 (28,549) (44)

“UNFAVOURABLE” Reasons: Peak activities period

which will even out in coming months.

Implications / Actions: Variance in revenue and expenditure effectively cancel out.

cairns city council planning, development & … · 2008-07-06 · agenda – planning,...

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