cairns city council planning & environment … · smithfield –– div. 12 allan simpson :...

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CAIRNS CITY COUNCIL

PLANNING & ENVIRONMENT COMMITTEE

11 OCTOBER 2007

5.30P.M.

TABLE OF CONTENTS

1. APPLICATION RECEIVED FOR A PERMANENT ROAD CLOSUR E OVER PART OF TOOGOOD ROAD, WOREE ADJOINING 37 TOOGOOD ROAD, WOREE. DIV 4. ................................................................1 Kerrie Pickering : 19/15/1-16: #1565608 (1.35MB)

2. BROADCAST AUSTRALIA PTY LTD USE OF CAPTAIN COOK HIGHWAY, SMITHFIELD –– DIV. 12................ ..........................................6 Allan Simpson : 19/3/370: #1569695 (1.21MB)

3. APPLICATION TO OPERATE A PUBLIC ENTERTAINMENT VENUE – “ILLUMINATION” - MCGREGOR ROAD SMITHFIELD – DIVISION 10 .........................................................................................................10 Alex Skubij:18/5/3-20 #1569770 (98.8KB)

4. EXTENSION OF ON SITE OPERATING HOURS – PIONEER NORTH QUEENSLAND QUARRY MT PETER ROAD, MT PETER – DIVISION 2......................................................16 Mark Dillon 13/16/1-20 #1570062 ( .99MB)

5. MIDDIN PTY LTD - RED PEAK ESTATE - SUPREME COURT CLAIM NO. 26 OF 2000- LETTER OF INTENT............. .......................................20 Peter Tabulo : 8/13/56-02 #1572838 (232KB)

6. RESPONSE TO DEPARTMENT OF TOURISM, FAIR TRADING AND WINE INDUSTRY DEVELOPMENT – LIQUOR LICENSING DIVISION – APPLICATION FOR A NEW LICENSES. ......... ................................24 Kelly Barnes: 8/20/6-06: #1573096 (705KB)

7. COMBINED APPLICATION – MATERIAL CHANGE OF USE (OVERRIDING THE PLANNING SCHEME) & RECONFIGURATION OF A LOT (1 LOT INTO 55 LOTS) – EVANS ROAD, BRAMSTON BEACH – DIVISION 1 ........................ .............................................39 Luke Jackson : 8/30/86-01 : #1467730 (2.91MB)

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8. MATERIAL CHANGE OF USE (CODE ASSESSMENT) UNITS – 47 SONDRIO STREET WOREE, 49 SONDRIO STREET WOREE – DIVISION 5 ...........................................................................................................77 L J Payler : 8/7/992 :1570348 (1.60MB)

9. NEGOTIATED DECISION - MATERIAL CHANGE OF USE (CODE ASSESSMENT) – MULTI UNIT HOUSING/HOLIDAY ACCOMMODATION AND CAR PARK – 8 & 10 DEAUVILLE CLOSE , YORKEYS KNOB – DIVISION 10 ......................... ...............................................95 Luke Jackson: 8/7/711-01 : #1568022 (4.22MB)

10. RECONFIGURING A LOT (1 LOT INTO 21 LOTS) – STAG E 9C – LOT 900 RED PEAK BOULEVARD, CARAVONICA – DIVISION 1 2 ................114 Gary Warner: 8/35/32-01 #1545515 (3.59MB)

11 COMPENSATION CLAIMS & APPEALS – SEPTEMBER 2007.. ......................149 Simon Clarke: 1/59/2-01 : #536015 V621 (20.9KB)

12. CITY DEVELOPMENT – SEPTEMBER 2007 MONTHLY REPOR T..................154 Peter Tabulo : SDS : 1/3/83 #1210609 v145 (213KB)

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Agenda – Planning & Environment Committee 11/10/07 - #1554645

PLANNING AND ENVIRONMENT

11 OCTOBER 2007

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APPLICATION RECEIVED FOR A PERMANENT ROAD CLOSURE OVER

PART OF TOOGOOD ROAD, WOREE ADJOINING 37 TOOGOOD ROAD,

WOREE. DIV 4.

Kerrie Pickering : 19/15/1-16: #1565608

RECOMMENDATION: Council advise Natural Resources and Water that it objects to the application for a permanent road closure made by William and Dianne Brookes being part of Toogood Road, Woree adjoining Lot 46 on RP727233.

INTRODUCTION: Natural Resources and Water (NRW) have requested Council comment on an application made by William and Dianne Brooks to permanently close part of Toogood Road, Woree adjoining the applicants Lot 46 on RP727233 (37 Toogood Road, Woree).

BACKGROUND: The applicant is the landowner of Lot 46 on RP727233 (37 Toogood Road, Woree) which adjoins the area of road subject of this application. The applicants purchased Lot 46 on RP727233 in 2002 and at the time were unaware that the front boundary fence encroached into the road reserve.

COMMENT: Infrastructure Management Infrastructure Management objects to the permanent closure of this part of Toogood Road. This road is a Sub-Arterial road, and in the future it will be upgraded to consist of four traffic lanes and a 5 metre wide central median. The area of road subject of this application will be required for the future planned road widening. Strategic Planning and City Assessment Strategic Planning and City Assessment concur with Infrastructure Managements comment. Cairns Water Cairns Water have no known water or sewerage infrastructure located on the road subject of this application and at this stage do not have any intention to use the road for any future water or sewerage infrastructure.

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CONSIDERATIONS: Corporate and Operational Plans: This report was prepared in accordance with Corporate Plan Goal 1.1 (An integrated approach to planning by Council and stakeholders). Statutory: Natural Resources and Water must assess this application in accordance with the requirements of the Land Act 1994. Policy: Not applicable. Financial and Risk: Should Natural Resources and Water approve the road closure application it will be done at no cost to Council. Sustainability:

Not applicable.

CONSULTATION: This matter was discussed at Council’s Commentary on Property meeting. This meeting is made up of Council staff represented by Property Services, Infrastructure Management, Planning Strategies, City Assessment and Precincts and Facilities.

OPTIONS: 1. Council advise Natural Resources and Water that it objects to the application for a

road closure made by William and Dianne Brookes being part of Toogood Road, Woree adjoining Lot 46 on RP727233.

2. Council advise Natural Resources and Water that it supports the road closure

application made by William and Dianne Brookes being part of Toogood Road, Woree adjoining Lot 46 on RP727233 subject to it being at no cost to Council.

CONCLUSION: Council’s preferred option is listed in the Recommendation of this report for the reasons provided in the Comment section.

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ATTACHMENTS: Attachment 1 – Aerial photograph showing the subject site. Attachment 2 – Survey Plan. Kerrie Pickering Property Officer Linda Kirchner Acting General Manager Corporate Services

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Attachment 1

Lot 46 on RP727233

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Attachment 2

Lot 46 on RP727233

Area of road to be closed

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11OCTOBER 2007

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BROADCAST AUSTRALIA PTY LTD USE OF CAPTAIN COOK HIGHWAY,

SMITHFIELD –– DIV. 12

Allan Simpson : 19/3/370: #1569695

RECOMMENDATION: That Council offer Broadcast Australia Pty Ltd a li cence over Lot 7 on SP104581 and Lot 10 on RP896123, Captain Cook Highway, Smit hfield for a term of ten (10) years with two (2) x five (5) year options from 1 st September 2009, for the purpose of telecommunication facilities and access. Furthermore, Council delegate authority to the Mayo r and Chief Executive Officer in accordance with Section 472 of the Local Government Act 1993 to finalise any and all matters associated with the proposed licenc e.

INTRODUCTION: Broadcast Australia (formerly ntl Australia Limited) has an easement arrangement with Council over Lot 7 on SP104581 for the purpose of telecommunications facilities (television) and access. The existing facilities are presently being upgraded to a digital service (ABC & SBS) and Broadcast Australia has asked that Council consider the renewal of their arrangement, given the capital expenditure being outlaid to provide an improved service.

BACKGROUND: Lot 7 on SP 104581 and Lot 10 on RP896123, Captain Cook Highway, Smithfield are both held in freehold by Council, with Lot 7 containing a water supply reservoir, and Lot 10 being vacant. The reservoir site is accessible from the Captain Cook Highway via Lot 10. There are two (2) antenna located on the reservoir, as well as an equipment cabinet at ground level. Broadcast Australia (formerly ntl Australia Limited) has an easement arrangement with Council over Lot 7 on SP104581 for the purpose of telecommunications facilities (television) and access, which is due to expire 31/8/2009. The easement commenced 1/9/1994.

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There was a prior easement (Lot 7) arrangement with the Commonwealth of Australia until privatisation occurred, hence the existing easement with Broadcast Australia (former ntl Australia Limited). It should be noted that there was also a prior arrangement for access over Council’s Lot 10 with the Commonwealth, however at the time of privatisation no agreement was entered into between Council and ntl Australia for continued access over Lot 10. Council’s Lot 7 and Lot 10 are separated by land held by James Cook University (Lot 13 on RP896123) and there are suitable access arrangements in place between the respective parties.

COMMENT: Cairns Water Cairns Water officers have met with representatives from Broadcast Australia and agreed to the proposed upgrade of existing facilities on the reservoir site. They also support the proposed renewal by way of licence for a term of ten (10) years, with two (2) by five (5) year options.

CONSIDERATIONS: Corporate and Operational Plans: This links to the 2007/08 Operational Plan in regard to the Level of Service under Administrations role regarding Council owned or controlled lands. Statutory: As the proposal relates to the issue of a licence, which is not an exclusive interest in land, there are no requirements in respect to the tendering provisions of the Local Government Act 1993 that Council needs to comply with. Policy: N/A Financial and Risk: Currently, Broadcast Australia pay $440.00 (GST inclusive) per annum to Council in terms of the existing easement agreement.

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Sustainability: The renewal of the arrangement will ensure the continued provision of television services to the community within an area of black spot reception.

CONSULTATION: As per the comment section of this report.

OPTIONS: 1. That Council offer Broadcast Australia Pty Ltd ACN 9908 a licence over Lot 7 on

SP104581 and Lot 10 on RP896123, Captain Cook Highway for a term of ten (10) years with two (2) x five (5) year options, from 1st September 2009 for the purpose of telecommunication facilities and access.

Furthermore, Council delegate authority to the Mayor and Chief Executive Officer

in accordance with Section 472 of the Local Government Act 1993 to finalise any and all matters associated with the proposed Licence.

2. That Council advise Broadcast Australia, that it does not wish to renew their

arrangement for the use of Lot 7 on SP104581, or Lot 10 on RP896123 for telecommunications facilities and access purposes.

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

ATTACHMENTS: Aerial photograph of subject sites. A Simpson Administration Officer L Kirchner Acting General Manager Corporate Services

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11 OCTOBER 2007

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APPLICATION TO OPERATE A PUBLIC ENTERTAINMENT VENUE –

“ILLUMINATION” - MCGREGOR ROAD SMITHFIELD – DIVISION 10

Alex Skubij:18/5/3-20 #1569770

RECOMMENDATION: That pursuant to Local Law No 10 (Public Entertainment Venues) Council approve the application to conduct a public entertainment e vent (outdoor) known as “Illumination” at the AJ Hackett Bungy Tower on Sat urday 3 rd November 2007, in accordance with the conditions as outlined in Optio n 1, but with hours of open times being restricted until 12.00am. _____________________________________________________________________

INTRODUCTION This application is to conduct a public entertainment event (outdoor) known as “Illumination” at the AJ Hackett Bungy Tower starting at 9.00pm on Saturday 3rd November and finishing at 5.00am on Sunday 4 November 2007. The event is described as “an annual white outfit event”, involves amplified music and is aimed at an over-18 audience. An application for variation of liquor licence conditions (extension of hours of operation) for the venue will be lodged with the Department of Tourism, Fair Trading and Wine Industry Development. The night’s programme will consist of various performances including synchronised movement to sound, DJs, and fire performances, on two separate stages. The applicant is expecting attendance to be approximately 500 people.

BACKGROUND The applicant states that he has held this event for 8 consecutive years at a number of different venues including this particular site when it was under different management. Last year the event was held at Gilligans Backpackers Hotel and Resort, and a letter from Anthony Brooks, Director Gilligans Backpackers Hotel and Resort commending the event has been submitted. Local Law The objects of Local Law No 10 (Public Entertainment Venues) are to:- (a) protect the health and safety of persons using public entertainment venues;

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(b) protect the amenity of areas in which public entertainment venues are

situated; and (c) regulate the use of, and activities conducted at public entertainment venues. When processing applications under this Local Law, the following criteria must be taken into account; (a) the establishment of the public entertainment venue must not be such as to

unreasonably detract from the established amenity in the vicinity of the public entertainment venue;

Comment: The applicant has submitted a detailed application showing careful planning and has included a risk register. There are two possible detractions from the amenity of the area: 1. The possibility of unacceptable noise levels, addressed by the applicant

has including a letter from an acoustic expert expressing the opinion that satisfactory noise levels can be achieved.

2. The possibility of disturbances caused by persons leaving the venue

during the night and at the end of the event. The applicant feels that this will not be a problem because adequate transport will be available during the night.

(b) the public entertainment venue must not generate (or be likely to generate)

noise, dust, excessive light or other adverse effects perceptible outside the public entertainment venue to any significant degree (unless such matters may be effectively abated by control measures);

Comment: Due to the elevated site location and distance from the nearest dwelling the only likely adverse effect is noise, and this has been discussed in point (a) above.

(c) the public entertainment venue must contain a sufficient number of sanitary

conveniences for both sexes;

Comment: Provision of sanitary conveniences is considered adequate for this event.

(d) the situation of the public entertainment venue and the nature of the activities

to be conducted must be such that refuse generated during the operation of the public entertainment venue can be adequately collected and disposed of;

Comment: Provision of refuse bins is considered adequate for this event.

(e) the premises must be suitable and convenient for use as a public

entertainment venue taking into account the type of activity proposed, the numbers of persons expected or likely to attend the premises, the location and appearance of the premises and the means of entry and exit for persons

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Comment: Details submitted with the application show the site is suitable for the intended purpose.

(f) where applicable, vehicles;

Comment: Not applicable.

(g) the premises must comply with the relevant environmental, health and safety standards required by law; Comment: No points of non-compliance noted in the application or during discussions with the applicant.

(h) use of the public entertainment venue must comply with the planning scheme; and

Comment: Complies for a one-off event

(i) any other criteria prescribed by local law policy.

Comment: Not applicable This application addresses all of the above issues but the only unknown seems to

be the possible effect the noise on adjoining residences, the nearest of which is approximately 450 metres away. Mr O’Shannessey claims he has the technicians and equipment to be able to control sound levels, and has submitted a letter from Mr Geoff Lewis, North Queensland Hearing Services, (Acoustic consultant included on list provided by Liquor Licensing on their web-site) claiming that, in his opinion, “appropriate sound levels can be obtained at the nearest possibly affected residences (Lydia St) by the appropriate orientation of the sound source speakers (proposed), natural reduction of sound over distance and appropriate sound level output management by the systems engineer as required”. A discussion with Mr Lewis revealed that he was not prepared to predict what these levels might be, but expected that they would be low enough for residents to mask them by such means as turning on an air-conditioner or fan.

The following three options for dealing with this application are suggested: Option 1 Council approve the application subject to the following conditions; 1. The event is approved to run no later than midnight on Saturday 3 November

2007 with no objection to it commencing earlier than 9.00pm as originally intended.

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2. The permissible noise level measured at the nearest occupied building must not

be more than 70dB(A) before 10:00pm and not more than the lesser of the following between 10:00pm and midnight:

a) 50dB(A) or; b) 10dB(A) above the background noise level.

3. If the sound level at the nearest occupied dwelling exceeds the levels outlined

above, or, if in the opinion of Council Officers or Queensland Police Officers the noise emitted is unreasonable, the promoter must direct the persons controlling the volume to reduce the volume so as not to exceed these levels. The promoter is responsible for ensuring that the person in control of sound production complies with directions on noise reduction.

4. Amplification equipment used at the event shall be set up so as to minimise the

noise impact on residential premises. 5. The applicant must monitor and record sound levels at regular intervals to ensure

compliance with the noise levels set out in condition 1. 6. During the event, the Council Officers shall be able to contact the promoter or a

person acting on behalf of the promoter by mobile phone. The person acting on behalf of the promoter must be able to exercise control over the volume of the sound at the mixing console.

7. The applicant must advise residents within an 800 metre radius of the venue the

time, location and nature of the event prior to 19 October 2007. 8. The applicant must have a current public liability insurance policy to the value of

$10 000 000. 9. The applicant must ensure that adequate transport to and from the event is

available for guests throughout the duration of the event. 10. Access for emergency vehicles into the venue must be provided at all times

during the event. Option 2 Council refuse this application because of the possibility of the proposed event having an adverse effect on the amenity of the immediate area through excessive noise.

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CONSIDERATIONS Statutory: Section 7 of Local Law No 10 (Public Entertainment Venues) makes in an offence for a person to “operate a public entertainment venue on land or use land for a public entertainment venue except in accordance with a current approval issued under this local law for that purpose”. The maximum penalty for offending against this section is 50 penalty units. Policy Council has instructed that applications for events of this nature are to be referred to a Council meeting for decision. Financial None Social: This event, if approved, would provide a venue for a liquor-licensed adult concert with performances by live artists and DJs. However there is also potential for this event to cause a noise nuisance to nearby residents.

CONSULTATION In dealing with this application comment has been sought from the following departments or agencies;

1. City Assessment – Has advised there is no objection to this application as a one-off event.

2. Queensland Police Service – Smithfield Police have advised that they

object to this event continuing beyond midnight. 3. Queensland Department of Tourism, Fair Trading and Wine Industry

Development – Licensing. Has advised that it will wait to see if Council will approve the event before they consider any variation to licensing conditions for the proposed venue.

CONCLUSION If the application is approved the event promises to add to the variety of entertainment or a section of the Cairns community by providing quality artistic talent and exciting technology. However, there is also a potential for a noise nuisance to be caused to neighbouring residential premises particularly when taking into account the applicant’s proposed hours of operation.

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Alex Skubij Acting Manager Environment Assessment Peter Tabulo General Manager City Development

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11 OCTOBER 2007

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EXTENSION OF ON SITE OPERATING HOURS – PIONEER NORTH

QUEENSLAND QUARRY MT PETER ROAD, MT PETER – DIVISION 2

Mark Dillon 13/16/1-20 #1570062

RECOMMENDATION: That Pioneer North Queensland Pty Ltd be granted ap proval to operate on site processing plant only at the company’s Mount Peter extractive industry sites from the hours of 7.00 am to 6.30pm on Saturdays fr om the 13 October 2007 up to and including Saturday 22 December 2007. Blasting, off site cartage and all other aspects of the operation must be conducted within the normally permitted hours. This approval is granted on the provision that if C ouncil receives complaints relating to noise or dust nuisance then the Chief E xecutive Officer will review the approval and set more appropriate hours. This approval is also granted on the condition that Pioneer North Queensland Pty Ltd provides Council with detailed plans on how the company intends to reduce dust nuisance from the processing plant and haul ro utes situated with in the permit areas. The plans relating to the processing plant should be submitted to Council by the 16 November 2007.

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INTRODUCTION: Pioneer North Queensland Pty Ltd (PNQ) operates a hard rock quarry on land adjacent to Hussey Road in the Mt Peter area. The Company also leases the adjoining Mt Peter Quarry. Both operations have been in existence for nearly 20 years. The operations are conducted under Planning Consent approvals and Mulgrave Shire Councils Bylaws Chapter 18 Extractive industry Permits which expire in 2015 and 2013 respectively. Cairns City Council Local Law 13 extractive industry permits will be issued over the sites in the event that the operators apply for a transfer of the permits to another operator or an extension of the permits prior to their expiry. The permitted hours of operation at the PNQ site are 6.00am to 6.00pm Monday to Friday and 7.00 am to 12.00 noon on Saturdays. An extension of these hours can be granted by Council. Periodically in times of peak demand the Company applies for an extension of hours to operate on site. These applications are usually submitted at short notice by facsimile and processed at officer level. The applications are usually for approval to operate processing plant on a Saturday afternoon. On 25 July 2007 Council received an application from the Company seeking approval to operate on site processing plant on Saturdays from 6.00am to 6.00pm and Sundays from 6.00 am to 2.00 pm for a period of 6 months. The reason stated for the need to operate the extended hours was that the Company intended to shut down the crushing plant for several weeks after Christmas in order to conduct a major overhaul of the crushing plant. The Company was advised that this matter would need to be put before Council and in order to process the application the Company would need to provide written evidence that adjoining landholders had been consulted. Council also conducted interviews with some of the adjoining landowners to discover their views on this matter. In September PNQ provided statements from two of the adjoining landowners which stated that they would not oppose on site works on Saturdays between the hours of 6.00 am to 6.00 pm. and Sundays from 7.30 am to 3.30 pm, provided that these hours ceased prior to Christmas. Another landholder in the area stated he was not opposed to operations being conducted up until 6.00 pm on a Saturday for a short period of time. But was opposed to operations on Sundays. One of the adjoining landowners sent in correspondence stating that they were opposed to the proposal and provided advice on how they were currently affected by the operation and suggestions how some of these effects could be mitigated.

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Investigations into these matters revealed that a dust plume from the crushing plant tended to drift in an easterly direction onto property owned by the objectors to the proposal. The plant does have a sprinkling system used to suppress dust; however the system is not triggered until after the shot rock is dumped into the hopper. If it were triggered before this the processing system could be jammed due to an excess of water causing wet grit to accumulate on the plant. Discussions have been held regarding this matter with PNQ management and it has been decided to install extra misting systems on the plant in order to capture some of the airborne dust. The officer also discussed sealing the lower sections of the internal haul routes and this is something the Company is considering. Council has been dealing with the Company on a broader range of issues in preparation for a review of the permit conditions. These matters fall outside of the scope of this report, however the Company is aware that in order to meet contemporary community standards they are required to constantly review operational procedures and practices. The Company states that they are barely able to meet current demand for construction material and that the closure of the site for maintenance will disrupt the supply of material to the market place. The Company is considering bringing in a mobile crushing unit to assist in the production of construction material prior to and during the shutdown of the main crushing plant.

CONCLUSION: Whilst officers are mindful of the significant role the Mt Peter quarry complex plays in the Cities economy, the approvals issued over extractive industry operations are designed to ensure that raw materials are mined in an environmentally sustainable manner and in a way that causes as little disruption or loss of amenity to property owners and residents surrounding these sites. It is suggested that some compromise be found for this matter, and it is therefore recommended that Pioneer North Queensland Pty Ltd be granted approval to operate onsite processing plant both at the companies own quarry and the adjoining Mt peter quarry between the hours of 7.00am to 6.30.pm on Saturdays only, commencing on the 13 October 2007 and ceasing on the 22 December 2007. This approval should be granted on the condition that the Chief Executive Officer may review the hours of operation on Saturdays if complaints are received in regards to the operation from surrounding residents.

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In granting this approval Council should also require Pioneer North Queensland Pty Ltd to commit to works that will reduce the amount of dust being produced at the crushing plant and on the haul routes throughout the site. Plans detailing the how dust suppression system on the crushing plant could be upgraded to capture more airborne matter should be submitted to Council by the 16 November 2007. Mark Dillon Environmental Protection Officer Laurie Phipps Manager Environmental Assessment. Peter Tabulo General Manager City Development

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11 OCTOBER 2007

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MIDDIN PTY LTD - RED PEAK ESTATE - SUPREME COURT CLAIM NO.

26 OF 2000- LETTER OF INTENT

Peter Tabulo : 8/13/56-02 #1572838

RECOMMENDATION: That Council authorise the Chief Executive Officer to sign the Letter of Intent from Middin dated the 12 th September 2007 and advise Middin Pty Ltd that it expects that the associated Deed documents are to b e prepared by Middin at their cost and delivered to Council, in draft form by 30 November 2007 . INTRODUCTION: This report is to provide Council with an update on this ongoing matter of the dedication of the hillslope land at Caravonica. In March 2007 Council resolved to A. Advise its solicitors to recommence the Supreme Court Claim No 26 of 2000. B. That the Mayor & CEO be delegated the authority to negotiate and finalise all

matters relevant to this Claim. Since that time there have been a number of meetings between Council and Middin, which have resulted in Middin finally agreeing to commence the procedure to excise the balance area which will eventually be given to the control of the joint trusteeship between the two parties. Recently Council received a letter of intent (See Attachment 1 #1565997). The excision of the balance area will be at Middin’s full cost and will have to progress through a reconfiguration of a lot application and be subject to referral agency comments from relevant State Departments. While the commencement of this process is imminent, it is possibly going to be still up to 12-18 months before the land is actually transferred. This is in part due to the IPA timelines as well as the length to time it will take to physically survey the lots. As mentioned in the letter the preparation of the necessary Deed can be undertaken in parallel to the reconfigure process. However Council should require Middin to carry the cost of preparing these documents as well ensuring that they are prepared and delivered to Council in a reasonable time.

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Council will continue to maintain the Supreme Court action but will not have the matter set down for hearing while these further actions are progressing. As Council needs to maintain its option of proceeding with the Claim if all current negotiations again fail. Conclusion It is reasonable for Council accept this position and agree to the signing of the letter of intent with requirements for the delivery of the associated Deed. Peter Tabulo General Manager City Development

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11 OCTOBER 2007

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RESPONSE TO DEPARTMENT OF TOURISM, FAIR TRADING AND WINE

INDUSTRY DEVELOPMENT – LIQUOR LICENSING DIVISION –

APPLICATION FOR A NEW LICENSES.

Kelly Barnes: 8/20/6-06: #1573096

RECOMMENDATION: That the applicant and the Department of Tourism, F air Trading and Wine Industry Development be advised of the following co mments and that the reply contain the safety issues Council has generally wit h Licenses. A copy of Council’s report is to be attached: 1. The Lilly Pad Cafe Restaurant – On Premises (Mea ls) Licence Council has no objection to the proposed On Premis es (Meals) Licence for

Lilly Pad Cafe Restaurant, located at 2-72 Grafton Street, Cairns and described as Lot 1 and Lot 2 on RP701107.

2. Inn the Tropics – Residential Licence Council has no objection to the proposed Residenti al Licence for Inn The

Tropics, located at 141-145 Sheridan Street, Cairns and described as Lot 1 on RP745122.

3. Cairns Goldpin Lanes – (Other Activity) Licence Council has no objection to the proposed (Other Ac tivity) Licence for Cairns

Goldpin Lanes, located at 89-95 Pease Street, Manun da and described as Lot 1 on RP732369.

4. MV Tusa Cairns – (Transport) Licence Council has no objection to the proposed (Transpor t) Licence for MV Tusa

Cairns, Mooring Address – ‘A’ Finger, Marlin Marina , Cairns. INTRODUCTION: That the applicants and the Department of Tourism, Fair Trading and Wine Industry Development be advised of the following comments and that the reply contain the safety issues Council has generally with licences. A copy of Council’s report is to be attached.

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1. Lilly pad Cafe Restaurant, Cairns (On Premises Meals) 2. Inn the Tropics, Cairns (Residential) 3. Cairns Goldpin Lanes, Cairns (Other Activity) 4. MV Tusa, Cairns (Transport) Lilly Pad Cafe Restaurant An application for an On Premises (Meals) Licence has been applied for at Lilly Pad Cafe Restaurant, located at 2/72 Grafton Street, Cairns, described as Lot 1 and Lot 2 on RP701107. The Notice of Application is attached as Attachment 1. Should this licence be granted it would enable the holder thereof to sell 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 to patrons who are non-diners i.e. only there to have a drink.) The subject land is included within the City Centre Planning Area. There are no Planning Objections to the proposed Liquor Licence. General Policy – Liquor Licensing The proposal is consistent with Council’s General Policy – Liquor Licensing. Discussion/Comments Comments in relation to the proposed Liquor Licence were received from the Divisional Councillor, Council’s Safety Officer and Environmental Health Officer. Divisional Councillor No objections were received regarding the proposed Liquor Licence. Council’s Safety Officer Ensure that Responsible Service of Alcohol & Responsible Promotion of Alcohol standards are met. Environmental Health Officer Public Heath Unit has assessed the application and offers no objection. Inn the Tropics An application for a Residential Licence has been applied for at Inn the Tropics, located at 141-145 Sheridan Street, Cairns, described as Lot 1 on RP745122. The Notice of Application is attached as Attachment 2.

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Should this licence be granted it would enable the holder thereof to sell 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. The subject land is included within the Commercial Planning Area. There are no Planning Objections to the proposed Liquor Licence. General Policy – Liquor Licensing The proposal is consistent with Council’s General Policy – Liquor Licensing. Discussion/Comments Comments in relation to the proposed Liquor Licence were received from the Divisional Councillor, Council’s Safety Officer and Environmental Health Officer. Divisional Councillor No objections were received regarding the proposed Liquor Licence. Council’s Safety Officer Ensure that Responsible Service of Alcohol & Responsible Promotion of Alcohol standards are met. Environmental Health Officer Public Heath Unit has assessed the application and offers no objection. Cairns Goldpin Lanes An application for an (Other Activity) Licence has been applied for at Cairns Goldpin Lanes, located at 89-95 Pease Street, Manoora, described as Lot 1 on RP732369. The Notice of Application is attached as Attachment 3. Should this licence be granted it would enable the holder thereof to sell liquor through the provision of Tenpin Bowling. The subject land is included within the Commercial Planning Area. There are no Planning Objections to the proposed Liquor Licence. General Policy – Liquor Licensing The proposal is consistent with Council’s General Policy – Liquor Licensing. Discussion/Comments Comments in relation to the proposed Liquor Licence were received from the Divisional Councillor, Council’s Safety Officer and Environmental Health Officer.

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Divisional Councillor No objections were received regarding the proposed Liquor Licence. Council’s Safety Officer Ensure that Responsible Service of Alcohol & Responsible Promotion of Alcohol standards are met. Environmental Health Officer Public Heath Unit has assessed the application and offers no objection. MV Tusa Cairns An application for a Transport Licence has been applied for by a vessel known as MV Tusa Cairns, departing from and plying the waters of Cairns. Should this licence be granted it would enable the holder thereof to sell liquor for consumption on the premises to persons who are about to make, are making, or have just completed a journey on a boat. The proposed hours of operation are for 60 minutes prior to a journey (while docked), during the journey and for 30 minutes after completion of the journey (while docked). The application is included within the Strategic Port Land Area. As such, Council holds no jurisdiction over this land and has no planning objections to the proposed Liquor Licence. Discussion/Comments Comments in relation to the proposed Liquor Licence were received from the Divisional Councillor, Council’s Safety Officer and Environmental Health Officer. Divisional Councillor No objections were raised regarding the proposed Licence. Council’s Safety Officer Ensure that Responsible Service of Alcohol & Responsible Promotion of Alcohol standards are met. Environmental Health Officer The Public Health Unit has assessed this application and offers no objection on the condition that the operators have obtained a licence to sell food associated with the liquor licensing conditions.

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ATTACHMENTS: 1. On Premises (Meals) Licence – Lilly Pad Cafe, Cairns.

2. Residential Licence – Inn the Tropics, Cairns. 3. Other Activity licence – Cairns Goldpin Lanes, Manoora. 4. Transport Licence – MV Tusa, Cairns Kelly Barnes Planning Officer Action Officer Simon Clarke Manager City Assessment

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Appendix 1

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31


32


Appendix 2

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34


Appendix 3

35


36


37


Appendix 4

38


39



11 OCTOBER 2007

7

COMBINED APPLICATION – MATERIAL CHANGE OF USE (OVERRIDING

THE PLANNING SCHEME) & RECONFIGURATION OF A LOT (1 LOT INTO

55 LOTS) – EVANS ROAD, BRAMSTON BEACH – DIVISION 1

Luke Jackson : 8/30/86-01 : #1467730 PROPOSAL: MATERIAL CHANGE OF USE OVERRIDING

THE PLANNING SCHEME AND RECONFIGURATION OF A LOT (1 LOT INTO 55 RESIDENTIAL LOTS)

APPLICANT: WHISPER BAY PTY LTD C/- PLANNING FAR NORTH PO BOX 7801 CAIRNS QLD 4870 LOCATION OF SITE: EVANS ROAD BRAMSTON BEACH

PROPERTY: LOT 1 ON SP118088 PLANNING DISTRICT: RURAL LANDS PLANNING AREA: RURAL 1 PLANNING SCHEME: CAIRNSPLAN REFERRAL AGENCIES: DEPARTMENT OF NATURAL RESOURCES

AND WATER ENVIRONMENT PROTECTION AGENCY NUMBER OF SUBMITTERS: NONE STATUTORY ASSESSMENT DEADLINE: 2 OCTOBER 2007 DIVISION: 1 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: A. That Council approve the development application for a Material Change of

Use (Preliminary Approval Overriding the Planning S cheme – Section 3.1.6 Integrated Planning Act 1997) to assign Residential 1 Planning Area use rights over proposed lots 10 to 44, lots 53 to 55, lots 100 to 105 and lots 109 to 116 on land described as Lot 1 on SP118088, Pari sh of Russell, located at Evans Road, Bramston Beach.

B. That Council approve the development application for Reconfiguring a Lot (1

lot into 52 residential lots, one beach protection lot and one park) over land described as Lot 1 on SP118088, Parish of Russell l ocated at Evans Road, Bramston Beach, subject to the following conditions :

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Assessment Manager Conditions 1. The proposed Plan of Development No. 6946WAL-10 dated 08 December

2006 prepared by Charles O’Neill Pty Ltd Consulting Surveyors are approved subject to any alterations:

a. The plans, specifications, facts and circumstan ces as set out in the

application submitted to Council; b. To ensure that the development complies in all respects with the

following conditions of approval and the requiremen ts of Council’s Planning Scheme and the FNQROC Development Manual; and

c. Subject to any alterations found necessary by C ouncil at the time of

examination of Engineering Plans or during construc tion of the development because of particular engineering requi rements.

Except where modified by these conditions of appro val. Timing of Effect 2. The conditions of the Development Permit must be effected prior to approval

and dating of the Plan of Survey, except where spec ified otherwise in these conditions of approval.

Development Layout 3. The proposed development must be amended to acco mmodate the following

changes: a. Proposed lots 106, 107 and 108 are to be delete d and are to be

incorporated into the park lot; b. All proposed lots located within the Hillslopes Overlay are to have a

minimum area of 1000 sq.m. The applicant/owner must submit an amended plan to the satisfaction of the

Chief Executive Officer prior to the issue of a Dev elopment Permit for Operational Work.

Building Envelope Plan 4. The applicant/owner must lodge formal building e nvelope plans for Lot No’s

100, 101, 102, 103, 104, 105, 109, 110, 111, 112, 113, 114, 115, 116 with Council prior to the approval and dating of the pla n/s of survey. The building envelope plan must comply with the following requir ements:

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a. No building envelope shall extend into an existi ng or proposed

easement; b. Building envelopes must be located to accommodat e any necessary

set-backs from drainage paths and significant veget ation; and c. The building envelopes must be located on land w ith a gradient less

than 33.3% (i.e. 1 in 3).

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

Water Supply Contributions 5. The applicant/owner must contribute in accordanc e with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provision of water supply and sewerage headworks.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, estimated total headworks contributions are $69,242.49 (11.80 ERAs) for water. Payment is required prior to approval and dating of the Plan of Survey.

Current requirements and estimates of development and headworks

contributions may change when elements of the Cairn s City Council Priority Infrastructure Plan (PIP) are adopted.

Community Purpose Infrastructure Contributions 6. The applicant/owner must contribute in accordanc e with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provision of Community Purpose Infrastructure.

The applicant/owner must transfer to the Crown the nominated open space reserve/Beach Protection Area shown as Lot 502 (on the approved plan at Appendix 1) and areas indicated as Park (including but not limited to Lot 600) in accordance with Council’s Trunk Infrastruct ure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997. This area of land must be to the requirements and satisf action of the Chief Executive Officer. The land must be transferred to the Crown at the same time as registering the Plan of Survey with the Dep artment of Natural Resources and Mines.

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Stormwater Quality 7. The applicant/owner must contribute in accordanc e with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards improvement of Stormwater Quality.

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

the present method of calculation, estimated total contributions are $17,748.35 for Stormwater Quality.

Payment is required prior to approval and dating o f the Plan of Survey. Water and Sewerage 8. Prior to Operational Works submission the applic ant must provide a water

supply, sewerage and recycled water infrastructure plan showing how the lots will be connected to Council’s Infrastructure. The water supply and sewerage infrastructure plan must be endorsed by th e Chief Executive Officer prior to submission of the Operational Work s Application.

In particular the applicant/owner must provide the following: a. Hydraulic calculations for water supply to co nfirm that adequate

pressures can be maintained to the entire developme nt and that the existing reservoir has sufficient capacity for exis ting and proposed development. The plan must show the size and mate rial of the water mains and the point of connection to Council's exis ting infrastructure.

b. Hydraulic calculations to demonstrate that th e downstream sewerage

system is adequate to accommodate the increased flo ws generated by the proposed development and ultimate catchment flo ws.

c. Calculations that demonstrate that each allotmen t can be serviced and controlled by the proposed sewerage reticulation sy stem.

d. Details of and hydraulic calculations for recycl ed water infrastructure required to service the development.

9. All water supply and sewerage works must be desi gned and constructed in

accordance with the FNQROC Development Manual. Three (3) copies of a plan of the works must be end orsed by the Chief Executive Officer prior to issue of a Development P ermit for Operational Works. Easements must be registered prior to approval and dating of the Plan of Survey.

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

10. In the event that any part of Council’s existing se wer/water infrastructure is damaged as a result of construction activities occu rring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must no tify Cairns Water immediately of the affected infrastructure and have it repaired or replaced by Cairns Water at the developers cost prior to approv al and dating of the Plan of Survey.

Water and Sewerage Works External 11. The applicant/owner must undertake water supply and sewerage works

external to the site to connect the subject land to Council’s existing water supply and sewerage infrastructure, in particular:-

a. Consistent with Resolution 195 of Council Ordina ry Meeting dated 26

October 2006, the applicant/owner must carry out wa ter supply, sewerage, and recycled water works to connect the s ubject land to Council’s water supply, sewerage, and recycled wate r headworks at a point determined by the Chief Executive Officer. T he applicant is required to liaise with Cairns Water regarding the projected timeframe for implementation of the sewerage and recycle wate r scheme.

b. Augment existing water supply infrastructure to the extent necessary to

accommodate the increased demand generated by the d evelopment. All the above works must be shown on the plan of wo rks.

Water and Sewerage Works Internal 12. The applicant/owner must undertake the followin g water supply and

sewerage works internal to the subject land, in par ticular:- a. The applicant/owner shall be responsible for sul lage collection and

disposal from the development to the approval of Ca irns Water, until such time as sewerage and recycled water services a re made available and commissioned for Bramston Beach.

b. Extend sewerage infrastructure such that each al lotment and park is

provided with a single internal sewer connection an d is compatible with the proposed vacuum sewerage system.

c. Extend potable water mains such that each allotm ent and park can be

provided with a water connection at the lot frontag e.

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d. Extend recycled water mains such that each allot ment and park can be

provided with a single internal recycled water conn ection in accordance with the Water Services Association of A ustralia, Dual Water Supply Systems Version 1.2 (WSA03-2002) respe ctively.

e. Easements must be provided in favour of Council in accordance with

the FNQROC Development Manual. All the above works must be shown on the plan of wo rks.

Water and Sewerage Headworks 13. External works conditions requiring the design and construction of water,

sewer and/or recycled water infrastructure can be c laimed against applicable water and sewerage contributions in accordance with Council’s Headworks Policy providing construction is in accordance with FNQROC Development Manual.

The applicant/owner must obtain permission from the Chief Executive Officer for the construction of any headworks infra structure. The extent of water, sewer and/or recycled water infrastructure w orks for construction and value of developer’s contributions credit for such works must be determined by the Chief Executive Officer prior to the approva l of a Development Permit for Operational Works. Council and the applicant/owner shall enter into an Infrastructure Agreement. The agreement shall document to the sa tisfaction of both parties, but not be limited to, the terms and condi tions under which the applicant/owner can expect refunds for partial cost s of such works where the cost exceeds the value of any required contribu tions.

General Works The applicant/owner must at their own cost undertak e the following works: Footpaths: 14. Construct a 2.0 metre wide concrete footpath to internal roads of the

proposed subdivision with a reserve width of 15m or greater in accordance with FNQROC Development Manual Standard Drawing 103 5A. The footpath must contain kerb ramps to all road crossing in acc ordance with FNQROC Development Manual Standard Drawing 1016A. Kerb ra mps must be fitted with Tactile Ground Surface Indicators in accordanc e with Australian Standard AS1428.4: 2002 Design for Access and Mobil ity Part 4: Tactile Indicators.

15. Construct a 2.0 metre wide concrete footpath to the Evans Road frontage

between Armanasco Road and the proposed road access ing the site.

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16. Construct 2.0 metre wide (minimum) pathways/ove rland flow paths to the

EPA 40m Building Setback Line from the 15m wide roa d, generally in accordance with the plan 6946WAL-10 provided by Cha rles O'Neil Pty Ltd, Consulting Surveyors;

Roads 17. All roads and access driveways are to have a ma ximum gradient of 20% in

accordance with the FNQROC Development Manual. 18. Construct landscaped/grass/coloured concrete ve rge islands at proposed

vehicle traffic island. 19. Construct a bitumen turnout in front of the pro posed access to the

development. 20. Access to all hillside Lots (100-116) from the proposed 21m wide road, shall

be generally in accordance with the standard for an ‘Access Place’ with a 5.5m wide (minimum) roadway, constructed in accorda nce with the FNQROC Development Manual.

21. The applicant is to provide a suitable vehicula r barrier on the northern side

of the hillside road, adjacent to the steep drop of f into the park. 22. The access road to the reservoir is to be upgra ded to match the new road to

be constructed to lots 100-116. 23. No vehicular access is to be permitted between the Bramston Beach

foreshore and the internal road for the proposed re sidential lots, including the cul de sac head. Vehicular access shall be pre vented via means of landscaping, pathways, bollards etc.

24. A vehicle turnaround is to be provided adjacent to Lot 116, sized to

accommodate standard refuse vehicles. 25. No vehicular access is permitted between the en d of the access road to Lots

100-116 and the Eastern end of the subject land, cl ose to the recycling facility. Vehicular access shall be prevented via means of landscaping, gates, bollards etc.

26. The cul-de-sac turn around adjacent to Lot 55 i s to be redesigned to be set

back closer to the eastern boundary of lot 18 and f urther away from the beach reserve.

27. A minimum of five (5) sealed parking spaces are to be provided at the end of

the cul-de-sac adjacent to Lot 55 for users of the park area.

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Drainage Works 28. The subject land must be drained to the satisfa ction of the Chief Executive

Officer. In particular:

a. Drainage infrastructure is to be provided in acc ordance with the FNQROC Development Manual.

b. All roads must have a primary (underground) stor mwater system

installed, including provision for the new and exis ting road to hillside Lots (100-116).

c. The drainage system from the development must in corporate a gross

pollutant trap(s) or equivalent measure(s). The de vice(s) must meet the following Council specifications for stormwater qua lity improvement devices (SQID), namely:

i. End-of line stormwater quality improvement devic es (SQID) shall

be of a proprietary design and construction and sha ll carry manufacturer’s performance guarantees as to removal of foreign matter from stormwater and structural adequacy of t he unit.

ii. SQIDs shall remove at least 95% of all foreign matter with a

minimum dimension of 3mm and shall be configured to prevent re-injection of captured contaminants. The SQID treat all first flush runoff, which shall be defined as that volume of wa ter equivalent to the runoff from the 3 month ARI storm event. Th e location of SQIDs within the drainage system shall be planned t o ensure that the first flush waters from all parts of the (devel oped) catchment are treated.

iii. The design of the SQID shall not compromise th e hydraulic

performance of the overall drainage system. iv. SQIDs shall be positioned so as to provide appr opriate access for

maintenance equipment.

d. All new allotments shall have immunity from floo ding associated with an ARI 100 year rainfall event.

Existing Creek and Drainage Systems 29. All existing creek systems and drainage areas m ust be left in their current

state, including no channel alterations and no remo val of vegetation unless consented to in writing by the Chief Executive Offi cer.

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30. The applicant/owner must obtain any necessary a pprovals from the

Department of Natural Resources and Mines for carry ing out works in a watercourse.

Lawful Point of Discharge 31. The applicant/owner must ensure that the flow o f all external stormwater

from the property is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or prop erties downstream from the development, all to the requirements and satisf action of the Chief Executive Officer.

32. In particular, all new lots must be drained to the road frontages, drainage

easements or drainage reserves and discharged to th e existing drainage system via storm water quality improvement.

Drainage Study of Site 33. The applicant/owner must undertake a local drai nage study on the subject

land to determine the drainage effects on upstream and downstream properties and the mitigation measures required to minimise such effects. In particular, the study must address the following :

a. Primary and secondary flow paths for the 5, 10, 50 and 100 year ARI

flood events; b. Identify any requirement for drainage easements; c. Demonstrate that the existing stormwater system is capable of

receiving the additional flows created by the devel opment of the proposed lots;

d. Information on the proposed works and any impact s proposed at the

drainage outlet from the proposed development; and e. Nominate a lawful point of discharge for stormwa ter that is within

publicly controlled land, drainage reserve or a wat ercourse under the Water Act.

34. The drainage study must be submitted to and end orsed by the Chief

Executive Officer prior to the issue of a Developme nt Permit for Operational Work.

35. Clean and re-profile the existing table drain a long the Evans Road frontage

to the site. Scour protection is required on all be nds where the re-direction of water is greater than 30 degrees;

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36. Provide a box culvert or pipe(s) under the prop osed access to the subject

land at the intersection with Evans Road. 37. Drainage to the existing reservoir is to be upg raded in accordance with a

hydraulic design, to be produced in accordance with the FNQROC Development Manual and QUDM and submitted as part o f the Operational Works application.

Acid Sulphate Soils

38. Undertake works in accordance with the Geotechn ical report, Golder

Associates ref no. 05673023(B) July 2005. Any trea tment, disposal or replacement of any ASS/PASS material is to be fully detailed prior to the approval of the Operational Works Permit.

Landscaping Plan 39. The applicant/owner must landscape the subject land and street frontage in

accordance with FNQROC Development Manual and in ac cordance with a landscape plan endorsed by the Chief Executive Offi cer. In particular, the plan must show:

a. The location and species of all existing trees, with an indication as to

whether each tree is to be retained or removed and natural and finished ground levels if filling is to occur in the vicinit y of any tree.

b. The retention of as many existing trees and shru bs as possible and

further planting of trees and shrubs. c. Planting of the footpath with trees, using appro priate species with

regard to any site constraints.

d. Inclusion of all requirements as detailed in oth er relevant conditions included in this Development Permit. A copy of thi s Development Approval must be given to the applicant’s Landscape Architect/Designer.

Two (2) A1 copies and one (1) A3 copy of the landsc ape plan must be endorsed by the Chief Executive Officer. Areas to be landscaped must be established prior to approval and dating of the Pla n of Survey and must be maintained at all times, both to the satisfaction o f the Chief Executive Officer.

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Vegetation Clearing 40. Existing vegetation on the subject land must be retained in all areas except

those affected by construction of roadworks/access driveways and/or installation of services as detailed on the approve d plans as stated in Condition 1. Any further clearing requires an Ope rational Works Approval.

41. Vegetation to be retained is to be identified a nd adequately fenced off for

protection purposes prior to construction work comm encing on the site.

Parkland 42. The common boundary with the proposed residenti al subdivision and the

area identified as Proposed Reserve for Beach Prote ction & Coastal Management Purposes and the area identified as Park must be temporarily delineated and fenced off to restrict building acce ss for the duration of construction activity. This fencing must be establ ished prior to the commencement of any works on the site and must be m aintained at all times for the duration of the construction, both to the s atisfaction of the Chief Executive Officer.

43. Council’s City Assessment Branch is to inspect the buffer prior to

machinery, equipment or construction materials bein g delivered to the site. 44. Suitable posts or barrier fencing is to be prov ided between the road reserve

and park adjacent to Lots 18 and 55. 45. The beach park is to contain a water point and drinking facilities as per

FNQROC D9.19. Sediment and Erosion Control Strategy 46. The applicant/owner must submit a sediment and erosion control strategy

prior the issue of a Development Permit for Operati onal Works. 47. The strategy must address all elements of FNQRO C Clauses AP1.28 and

Section D5 including full supporting calculations f or control measures. Installation of SWM Measures 48. The soil and water management measures must be installed/implemented

prior to discharge of water from the site, such tha t no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environ mental Protection Act 1994, and the FNQROC Development Manual).

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Electricity Supply 49. The applicant/owner must provide written eviden ce from Ergon Energy

advising if distribution substation/s are required within the development. If required, details regarding the location of these f acilities must be submitted to the Chief Executive Officer accompanied by writt en confirmation from Ergon Energy. Details regarding electricity supply must be provided prior to the issue of a Development Permit for Operational W orks.

Electricity and Telecommunications 50. The applicant/owner must provide written eviden ce of negotiations with

electricity and telecommunications authorities stat ing that services will be provided to the development. Such evidence must be provided prior to approval and dating of the Plan of Survey.

Street Lighting 51. The applicant/owner must make the following arr angements for the

installation of street lighting within the proposed subdivision prior to the approval and dating of the Plan of Survey:

A Rate 2 lighting scheme is to be prepared by Ergo n Energy or its approved

consultant and submitted to the Chief Executive Off icer for approval prior to construction of the light footings. The Rate 2 lig hting scheme is to be designed in accordance with the relevant Road Light ing Standard AS/NZS 1158 and the FNQROC Development Manual. The applic able lighting category is to be determined from the Road Hierarch y Table D1.1 and the corresponding applicable Lighting Categories Table D8.1 as identified in the FNQROC Development Manual.

The design must provide the applicable illuminatio n level specified in the

Road Lighting Standard AS/NZS 1158 at the following road elements:

• LATM devices • Roundabouts • Pedestrian refuges • Intersections Prior to the date of plan sealing the applicant/o wner must submit written

confirmation that the relevant capital contribution required by Ergon Energy has been paid, to ensure that the street lighting w ill be constructed.

Where a new intersection is formed on an existing roadway for the purpose

of accessing a new subdivision development, both th e intersection and the existing road for two spans of lighting either side of the intersection shall be provided with lighting to the relevant Lighting Cat egory

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Access to Hatchet or Battleaxe Lots

52. The applicant/owner must construct a concrete d riveway or other approved surface to battleaxe Lots 22 and 40 extending the f ull length of the access leg of the allotment and such driveway must commenc e at the adjacent kerb and channel or edge of carriageway with a standard crossover in accordance with Council Standard Drawing S1015. Co nstruction of the concrete driveway must be in accordance with Counci l Standard Drawing S1110.

All works must be carried out to the requirements and satisfaction of the Chief Executive Officer prior to approval and datin g of the Plan of Survey.

Concurrence Agency Conditions

53. The applicant/owner is to comply with the Concu rrence Agency Conditions contained within the letter dated 21 June 2007, Dep artment of Natural Resources and Water reference number IC0407ATH007 a nd letter dated, 25 September 2007, Environment Protection Agency refer ence number IPCC00601007 & IPCC00600907.

ADVICE

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

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

3. This approval does not negate the requirement fo r compliance with all other relevant Local Laws and other statutory requirement s.

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

EXECUTIVE SUMMARY:

Council is in receipt of a development application for Reconfiguring a Lot (1 lot into 38 residential lots, 17 residential lots as part of a Group Title Development, 1 coastal protection reserve lot and 1 park lot) at Evans Road, Bramston Beach described as Lot 1 on SP 118088. Although the site has an area of 26.96 hectares, the area subject to this application has an area of approximately 22.37 hectares and is located on the southern and central parts of the site. The proposed residential lots have areas ranging between 600sq.m and 909sq.m and community title lots ranging from 709sq.m and 1200 sq.m. The proposed development will be accessed via internal roads that will be constructed off Evans Road.

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The site is currently used as a Caravan Park and the flat portion of the land is primarily cleared. Land to the south and east is Crown Land containing natural vegetation and beachfront, land to the west is Rural and land to the north is Residential. The existing urban settlement of Bramston Beach is located to the north of the proposed residential lots. Assessment of the application reveals that the proposal is consistent with the relevant codes and is appropriate in the area subject to conditions. TOWN PLANNING CONSIDERATIONS: Site and Surrounds The site is located at Evans Road, Bramston Beach and is described as Lot 1 on SP 118088. The site is an irregular shaped allotment, is flat and cleared on the northern and north eastern side and is hilly with cyclone damaged vegetation throughout the remainder. The site has an area of 26.96 hectares and contains a Caravan Park with associated buildings located in the flat cleared section of the site. The central part of the site rises steeply to a ridge at an approximate height of 70m. This ridge line is visible from the village of Bramston Beach. Adjacent land to the east and south is natural vegetation in the form of swamp, coastal communities and rainforest and is Crown Land (including foreshore). Land to the west is cleared private land used for rural purposes while the village of Bramston Beach to the north contains residential dwellings. The Bramston Beach foreshore is located to the east of the site. Evans Road forms the boundary of the site on all sides except for the northern side where the site is bounded by Bramston Beach and Armanasco Road. Proposal The application to Council is for the reconfiguration of part of the land (i.e. 22.37ha out of 26.96ha) into 38 residential lots, 17 Lots as part of a Group Title Development, 1 coastal protection reserve lot and 1 large park lot. The subject site currently has road frontage to Evans Road. The proposed lots will be accessed via a single connection to Evans Road and lots will be located on internal access streets. Pathways are proposed between the lots providing beach access for pedestrians from the new roads. Council recently resolved to construct a reticulated sewerage system for Bramston Beach. The proposed subdivision will be able to access this system. Background An application was made to Council on 20 December 2006 for the reconfiguration of a lot (1 lot into 18 lots plus park and balance) over part of the land on the northern side of the site which is in a Tourist and Residential Planning area. The application was approved under delegated authority and the decision notice was posted 14 May 2007. The proposed development is effectively an extension of that development further to the south east.

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Planning Scheme Codes

CairnsPlan Rural Lands Planning District

Code Applicability

Compliance

Planning Area

Rural Planning Area �� See Discussion below

Hillslopes Overlay �� See Discussion below

Vegetation Conservation & Waterway Significance Overlay

��

Connectivity Overlay rrrr NA Cultural Heritage Overlay rrrr NA

Potential or Actual Acid Sulphate Soil Material Overlay

��

Bushfire Risk Analysis Overlay �� Flood Inundation (ARI 100 year) Overlay rrrr NA

Overlays

Height and Impact of Buildings Overlay rrrr NA

Cairns Airport - Obstacle Limitation Surfaces Overlay rrrr NA

Cairns Airport – Bird & Bat Strike Overlay rrrr NA

Cairns Airport – Primary Light Control Plans Overlay rrrr NA

Road Hierarchy �� Pedestrian & Cycle Movement Overlay rrrr NA

Possible Public Transport Corridors Overlay rrrr NA

Special Facilities Overlay rrrr NA Development Near Major Transport Corridors &

Facilities Code rrrr NA

Excavation and Filling Code �� Conditions included to ensure compliance.

Infrastructure Works Code �� Conditions included to ensure compliance.

Landscaping Code �� Conditions included to ensure compliance.

Parking & Access Code rrrr NA

General

Reconfiguring a Lot Code �� See Discussion Below

Rural Planning Area The site is located within the Rural 1 Planning Area within CairnsPlan. The application involves a Preliminary Approval overriding the Planning Scheme. The purpose of this is to establish a framework that will ultimately result in the establishment of the proposed residential development and essentially seek to provide new use rights that will apply across for the whole site. The Material Change of Use component specifically requests that the use rights associated with the lots change from those associated with the Rural 1 Planning Area to those associated with the Residential 1 Planning Area.

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The proposed subdivision of the site for residential purposes conflicts with the pattern of urban development promoted within the Rural 1 Planning Area in Cairns Plan. The purpose of this Planning Area is to achieve desired development outcomes as follows: to conserve and not unnecessarily fragment Good Quality Agricultural Land; to establish a wide range of agricultural and animal husbandry uses; to establish farm forestry, extractive industries and outdoor recreation opportunities in appropriate areas; to promote rural development that contributes to the amenity and landscape of the area; to protect rural activities from the intrusion of incompatible uses; to retain land with limited agricultural potential - but which is important scenically – in its natural form and to protect land susceptible to flooding from urban uses. The proposed residential subdivision results in a departure from the purpose of the Planning Area and is not consistent with the desired environmental outcomes. Despite this, the applicant submits that there is sufficient planning justification for the conversion of the site to residential development. The applicant submits the following reasons for consideration in allowing the conversion of land at the site from rural to residential: • The site is not used for agricultural purposes and has limited agricultural

potential; • The landscape value and natural character of the site are proposed to be

protected through appropriate controls on siting and location of dwellings, appearance of dwellings and retention of existing vegetation wherever possible on the hillside, as well as by the inclusion of the foreshore in the Reserve and the inclusion of the greater part of the hillside as Park;

• The proposal to develop the lower parts of the site adjoining the foreshore is

consistent with the separate application for reconfiguration of part of the north-eastern sector of the site included in the Tourist and Residential Planning Area;

• The proposal to develop the lower parts of the site adjoining the foreshore is

consistent and is considered to be a small extension of existing conventional residential development of Bramston Beach township; and

• With regard to the matters above, it is suggested that while the proposed

residential development does not meet outcomes of the purpose statement of the code, the proposal is consistent with retaining the natural character and the scenic landscape values of the site.

Officer Comment The subject land is sited in a location that is heavily constrained in terms of its ability to operate as a viable agricultural unit or that has the potential for future agricultural expansion. This is primarily due to the fact that the area of land which might be available for agricultural purposes is small (i.e. approximately 10ha) and is hemmed in by steep topography, natural vegetation and foreshore land. The site has been used for tourist accommodation since at least 1974 and no records are available of when it might have last been used for agricultural purposes. The current land use and previous zoning for rural purposes therefore has not reflected the actual land use on the site for over 30 years.

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Whilst the site contains approximately 26.9 ha of land, only a small portion of this is developable. This area - being where the current caravan park is located - is cleared, flat and has no physical impediments to prevent residential development. The village of Bramston Beach is located at the northern side of the site, and given Council’s recent approval for residential subdivision within the northern part of the site, the proposal acts as an extension of the Bramston Beach Village which appears would have been inevitable. The agricultural viability of the site is highly constrained, particularly in terms of any likelihood of future expansion. The subject site is effectively isolated (or fragmented) from surrounding agricultural uses by Evans Road, Bramston Beach Foreshore, and the naturally vegetated areas surrounding the site and there is no potential for it to become part of a larger, cohesive and more productive agricultural unit. In terms of the potential of the site itself to be used for agricultural uses, the DNRM has raised no objection to the land being converted to permanent residential uses. Strategically, beyond the areas already zoned for residential purposes, it can reasonably be expected that rural land located on the periphery of townships and in areas that are unconstrained in terms of hillslopes, flooding, vegetation conservation and the like, will develop for residential purposes. At Bramston Beach there is a limited supply of such land and the area is a popular seaside village likely to experience development pressure. Population growth in Bramston Beach is likely to occur given general population trends in Cairns and outlying areas which have experienced good population growth over the past decade. In terms of servicing the lots, the site is located adjacent to an existing residential area that is connected to town water (the CairnsWater water supply tank for Bramston Beach is located on the ridge within the site) and CairnsWater are undertaking construction of a sewage treatment plant in the area which is likely to begin in 2009. Bramston Beach is accessed by a good quality rural road (which up until recently was controlled and maintained by the Department of Main Roads) providing good access to the Babinda Town Centre. It is noted that this road can occasionally be cut in the wet season for several days. Power and phone services are available to Bramston Beach and the site. The request to convert the land from Rural uses to Residential uses is therefore supported. Hillslopes Overlay/ Visual Impact The applicant submits the following with respect to the Hillslopes Overlay Code and the Visual impact: The report considered that the hillslope is visible from both the north (from the Beach, the Coral Sea and from Bramston Beach Township) and potentially from the south. However from the visual analysis of the site, it was concluded that hill is not very obvious in the context of the surrounding landscape and the undeveloped nature of the local landscape greatly limits viewing opportunities.

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It is anticipated that once the site is developed in accordance with the proposed reconfiguration for hillside development, that the height and depth of existing tall vegetation on either side of the ridgeline will continue to dominate the skyline. The sparse linear distribution of proposed allotments will retain the forested appearance. Tall vegetation will also continue to screen views from the site towards the surrounding landscape, providing new residences with filtered views or occasional viewing windows. Removal of vegetation for building footprints will be hardly noticeable. The area where the buildings will be positioned are not very steep, not very deep and vegetation on existing land will continue to screen the sites from view. The only possible change is temporary thinning of the tree canopy which will fill up once disturbed vegetation recovers. Development on the eastern side of the hill has the potential to be visible – but would be at best visible in small sections. Infrastructure and road works are not expected to be visible from ‘outside’ views. The tall dense vegetation on site will screen the works completely. The report indicates that the visibility of development on the hillslope can be controlled by: • building appearance (muted colours and lightweight, compact and footed

buildings); • minimising areas of disturbance within building envelopes/footprints, construction

of roads and infrastructure; • retain existing trees and include appropriate indigenous species to restore the tree

canopy; • utilising construction techniques that avoid earthworks near the ridgeline and

grade cut and fill embankments as steeply as possible; • Where retaining walls are to be utilised, requiring natural materials such as rock

grained on site to blend with existing site conditions; and • Plant middle and understorey to provide substantial screening between

residences and to obscure the built form of the new residences as much as possible.

Officer Comment : Approximately two-thirds of the site is affected by the Hillslopes Overlay (Category 1 – Rural). The land affected by the overlay covers the uncleared part of the land which is not used as part of the Caravan Park. Proposed lots 100 – 116 are located within the Hillslopes Overlay area. These lots are proposed to be accessed via an existing internal road which is sealed up to the CairnsWater water supply tank located near the top of the ridge.

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A visual impact assessment and vegetation report has been submitted with the application. The assessment was issued on 5 July 2005. Cyclone Larry passed over the site in March 2006 and caused extensive and significant damage to the vegetation resulting in the loss of many trees and a complete change in the canopy. As a result of this, the visual impact assessment is out of date. Notwithstanding this, the location of most of the proposed lots are sited in areas where they are unlikely to be visible from surrounding areas. Proposed lots 103 to 105 are located in an area that contains several derelict lodges which were previously used in conjunction with the caravan park. These sites have access to the internal road, have benched pads which require little or no earthworks to establish a dwelling and are predominantly clear of vegetation. Proposed lots 100 to 102 are located on the lower slopes and will not be visible from Evans Road, lots 109 to 111 are sited on a flat, predominantly cleared ridge on the southern side of the internal road, as are lots 112 and 113. Due to the steepness of the land and remaining vegetation to the south of these sites, it will be difficult to view dwellings on these sites from Evans Road, the foreshore and Bramston Beach generally. Lots 114 to 116 are also located on a flatter section of the ridge and have similar characteristics in terms of the visibility to surrounding areas as lots 112 and 113. Proposed lots 106 to 108 are proposed on the northern side of the internal ridge road. These lots are located on relatively steep sections of the site and are likely to be visible from the east. It is considered that these lots should be deleted to retain the visual integrity of the ridge. It is considered that lots located in the hillslope will be required to contain dwellings that are sensitively designed such that they are of colours, materials and form which ensures that they blend into the backdrop and also that they contain appropriate landscaping to further screen them. Reconfiguration of a Lot Code Under the Reconfiguration of a Lot Code, the minimum lot size for land in a Residential 1 Planning Area (i.e. the Planning Area to which this application intends to convert the land to) is 600 sq.m. This increases to 1000 sq.m in the Hillslopes area. The proposed development results in lots with a minimum area of 600 sq.m up to 1200 sq.m. Each lot easily satisfies the acceptable measure for the minimum rectangle contained within a lot of 15m x 20m. Many lots do not satisfy the minim 1000 sq.m in the Hillslopes and a condition will be imposed ensuring that these lots are expanded to a minimum 1000 sq.m. Parkland Provision Large parts of the site are proposed to be handed over for the purpose of parkland. These areas include the foreshore and most of the remaining land not proposed for residential purposes. It is not intended to embellish the reserve. It is not considered necessary to provide embellishments to the reserve which should be left in its natural state.

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Drainage Council requested a detailed drainage report identifying how both the overall drainage system will function and how the system will function during the staging of the development. This report was required to detail the existing processes and the processes post-development. The applicant has not provided a drainage report. A drainage report is required as a condition of the development approval. Water and Wastewater Connection Council has adopted a recommendation from Cairns Water with respect to the preferred option for the overall augmentation of water and sewer to the area under the Bramston Beach Water Supply Upgrade and Sewerage Scheme. Because this is likely to occur after the subdivision has been completed, interim measures will be required with respect to sewage disposal. This can be achieved by providing a holding tank and transferring the waste by road to an appropriate Cairns Water treatment site. Conditions have been included to ensure that the staging and provisions of these services will be in accordance the water supply upgrade and sewerage scheme. State Government Referral Agencies Department of Natural Resources, Mines and Water (D NRMW) A referral to the DNRMW was triggered under the Integrated Planning and Assessment Act and under the Vegetation Management Act with respect to Vegetation Clearing and with respect to Acid Sulfate Soils. The proposed development involves minimal removal of natural vegetation of the site as the subdivision is to be sited over existing cleared land. An Acid Sulfate Soils (ASS) report has been submitted indicating that the site possesses ASS. The DNRMW raised no objections to the report. A condition will be imposed ensuring that PASS are mitigated where necessary. Environmental Protection Agency (EPA) The EPA is a concurrence agency under the Integrated Planning Regulation 1998 for coastal management under the Coastal Protection and Management Act 1995. The EPA provided conditions which are attached as an Appendix. Public Notification/Submissions The application is impact assessable and was publicly notified between 24 May 2007 and 18 June 2007. No submissions were received during this time. Developer Contributions The proposed development triggers the following Developers Headworks Contribution Calculations:

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Element

Comment

Calculation

Contribution

Water Supply Bramston Beach Supply District District 25: $5,868.01/ERA (R & B Index) 41 House lot 401 sq.m – 900 sq.m – 41 ERA 8 House lot 901sq.m – 1100sq.m – 8.8 ERA 3 House lot 1101sq.m - 1500 sq.m – 3.6 ERA Less Credit 104 Caravan/Home Parks (per site/cabin) –41.6 ERA Net Demand: 11.8 ERA

11.8 ERA x $5,868.01

$69,242.49

Wastewater The proposed development will be required to connect to the Bramston Beach Waste Water infrastructure upon its completion. In the meantime, sewage will need to be held onsite and transported to a treatment plant on a regular basis.

NA NA

Road Network NA for Bramston Beach. NA NA Drainage – Mitigation

Bramston Beach No Contribution Applicable

NA NA

Drainage – Water Quality

Bramston Beach District 42: $3,866.74/ECA (R & B Index) RIF 1. Area subject to catchment: 4.59 ha ECA 1 x 4.59ha. Net Demand: 4.59 ECA

4.59 ECA x $3,866.74

$17,748.35

Community Purpose –

Bramston Beach. Approx 2/3rds of site will be dedicated as park

NA NA

Summary The proposed development is generally consistent with the requirements of the CairnsPlan. Where issues of non-compliance have arisen, conditions have been included in the recommendation to ensure that the applicable provisions are met. It is recommended that the application be approved. L Jackson Planning Officer Action Officer Simon Clarke Manager City Assessment

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Appendix 1 – Subdivision plan

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Appendix 2: Concurrence Agency Conditions.

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11 OCTOBER 2007

8

MATERIAL CHANGE OF USE (CODE ASSESSMENT) UNITS – 47

SONDRIO STREET WOREE, 49 SONDRIO STREET WOREE – DIVISION 5

L J Payler : 8/7/992 :1570348 PROPOSAL: EXTENSION TO UNITS APPLICANT: T DRISCOLL 13 KEIRLE AVE WHITFIELD QLD 4870 LOCATION OF SITE: 47 & 49 SONDRIO STREET, WOREE

PROPERTY: LOT: 104 RP: 727197, LOT: 105 RP: 727197 PLANNING DISTRICT: INNER SUBURBS PLANNING AREA: RESIDENTIAL 3 PLANNING SCHEME: CAIRNSPLAN REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: N/A STATUTORY ASSESSMENT DEADLINE: 24 OCTOBER 2007 DIVISION: 5 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: A. That Council grant a Preliminary Approval for th e development application

for additional Multi-Unit Housing over land describ ed as Lot 104 & 105 on RP727197 located at 47 and 49 Sondrio Street, Woree , subject to the following additional requirements being met:

1. The proposed building/development must be redesi gned to

accommodate the following changes:

a. The development must provide onsite car parking spaces at the rate of 1.75 spaces per unit. All spaces must comply wi th Australian Standard 2890.1 and 2890.2.

b. Provide each unit with a minimum of 2.5m 2 (minimum 5m 3 volume)

of lockable storage space conveniently located with respect to car accommodation.

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B. That the applicant be further advised that subje ct to the additional

requirements listed above being satisfactorily met that the following conditions are likely to apply to a subsequent Deve lopment Permit:

Assessment Manager Conditions 1. The applicant/owner must at all times during dev elopment of the subject

land carry out development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

a. The approved plans, noted below, prepared by To ny Driscoll, and

attached as Appendix 1;

Title Plan Number Date Site Plan To be advised To be advised First & Second Floor Plan To be advised To be advis ed Ground Floor Plan To be advised To be advised Front & Side Elevation To be advised To be advised

b. The plans, specifications, facts and circumstan ces as set out in the

application submitted to Council; c. To ensure that the development complies in all respects with the

following conditions of approval and the requiremen ts of Council’s Planning Scheme and the FNQROC Development Manual; and

d. Subject to any alterations found necessary by C ouncil at the time of

examination of Engineering Plans or during construc tion of the development because of particular engineering requi rements.

Except where modified by these conditions of appro val. Timing of Effect 2. The conditions of the Development Permit must be effected prior to

Commencement of Use, or approval and dating of the Building Format Plan, whichever occurs first, except where specified othe rwise in these conditions of approval.

Water Supply and Wastewater Contributions 3. The applicant/owner must contribute in accordanc e with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provisions of water supply and sewerage headworks.

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

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Payment is required prior to Commencement of Use o r approval and dating

of the Building Format Plan, whichever occurs first . Road Network Contributions 4. The applicant/owner must contribute in accordanc e with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards Traffic Management and Road Upgrading Programs.

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

Payment is required prior to Commencement of Use o r approval and dating

of the Building Format Plan, whichever occurs first . Community Purpose Infrastructure Contributions 5. The applicant/owner must contribute in accordanc e with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provision of Community Purpose Infrastructure.

The contributions must be paid at the rates applic able at the time of

payment. Payment is required prior to Commencement of Use o r approval and dating

of the Building Format Plan, whichever occurs first . Stormwater Quality 6. The applicant/owner must contribute in accordanc e with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the improvement of Stormwater Quality.


payment. Payment is required prior to Commencement of Use o r approval and dating

of the Building Format Plan, whichever occurs first . Water Supply and Sewerage Works 7. The applicant/owner must carry out water supply and sewerage works to

connect the subject land to Council’s existing wate r supply and sewerage headworks at a point determined by the Chief Execut ive Officer.

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All works must be carried out in accordance with t he approved plans, to the

requirements and satisfaction of the Chief Executiv e Officer prior to Commencement of Use.

Parking 8. The amount of vehicle parking must be as specifi ed in Council's Planning

Scheme which is a minimum of twenty-three (23) spac es, of which one (1) space must be provided as a vehicle washbay.

9. The parking layout must comply with CairnsPlan and in particular: a. The provision of a vehicle wash bay; b. Manoeuvring space must be provided to enable al l vehicles to enter

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

10. The parking layout must be amended to comply wi th Australian Standard

AS2890.1 2004 Parking Facilities - off street car p arking, in particular but not limited to:

a. Parking spaces adjacent to columns and walls m ust have a minimum

unobstructed clear width as determined by AS2890.1; b. Where pedestrian access is located between a pa rking space and an

obstruction, a minimum clear trafficable width of t hree (3) metres must be provided;

c. The driveway serving the parking area must incl ude a physical means of

speed control at the exit point. Parking Construction 11. The parking must be constructed in accordance w ith the FNQROC

Development Manual specifications prior to Commence ment of Use and must be maintained at all times, both to the requir ements and satisfaction of the Chief Executive Officer. In particular, all pa rking, driveway and vehicular manoeuvring areas must be imperviously sealed, drai ned and line marked.

Protection of Landscaped Areas From Parking 12. Landscaped areas adjoining the parking area mus t be protected from

vehicular encroachment by a 150mm high vertical con crete kerb or similar obstruction, which must be approved by the Chief Ex ecutive Officer prior to the issue of a Development Permit for Building Work .

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Bicycle Parking 13. The applicant/owner must ensure the provision o f secured, on-site bicycle

parking in accordance with Table 10-1 of AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum number of parking space s required for this development is four (4) spaces. The bicycle parkin g area must be constructed prior to Commencement of Use.

Screening of Windows 14. Screening is to be provided to windows and balc onies of the second, third

and forth floors of the building to inhibit overloo king of the neighbouring residential properties.

External Works 15. The applicant/owner must at their own cost unde rtake the following works

external to the subject land:

a. Construct a 2.0 metre wide concrete footpath to Sondrio Street frontage in accordance with FNQROC Development Manual;

b. Provision of a concrete crossover(s) and apron(s ); c. Make good the kerb(s) at redundant crossover(s);

d. Repair any damage to existing kerb and channel, footway or roadway (including removal of concrete slurry from footways , roads, kerb and channel and stormwater gullies and drain lines that may occur during and works carried out in association with the const ructions of the approved development).

The external works outlined above require approval from Council in

accordance with Local Law 22 – (Activities on Roads ). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement o f such works. Such work must be constructed in accordance with the end orsed plan to the satisfaction of the Chief Executive Officer prior t o Commencement of Use or approval and dating of the Building Format Plan, wh ichever occurs first.

Landscaping Plan 16. The applicant/owner must landscape the subject land and street frontage in

accordance with the FNQROC Development Manual and i n accordance with a landscape plan endorsed by the Chief Executive Of ficer prior to the issue of a Development Permit for Building Works. In par ticular, the plan must show:

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a. Planting of the footpath with trees, using appr opriate species with

regard to any site constraints. b. The provision of shade trees. c. Landscaping of required setback areas, being a minimum 1 metre wide

buffer adjacent to all parking areas, a minimum 3 m etre wide buffer to the north-west side boundary and a minimum 4.4 metr e wide buffer to the front boundary of the site.

d. Dense landscaping of the front boundary setback area to shield views

of the bin enclosure and vehicle parking spaces fro m the Sondrio Street.

e. Screening of above ground transformer cubicles and/or electrical sub-

stations if required for the development. f. Inclusion of all requirements as detailed in ot her relevant conditions

included in this Development Permit. A copy of thi s Development Approval must be given to the applicant’s Landscape Architect/Designer.

Two (2) A1 copies and one (1) A3 copy of the lands cape plan must be

endorsed by the Chief Executive Officer prior to th e issue of a Development Permit for Building Works. Areas to be landscaped must be established prior to Commencement of Use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Screen Fence 17. The applicant/owner must provide a screen fence to the side and rear

boundaries of the subject land, to the satisfaction of the Chief Executive Officer. The fencing must be consistent in terms o f design and materials with other fences in the locality. Details of the screen fence must be endorsed by the Chief Executive Officer prior to th e issue of a Development Permit for Building Work.

Fencing 18. Fences and walls located on the Sondrio Street frontage must be limited to:

a. 1.2 metres in height if solid; b. 1.5 metres if partially transparent; or c. 1.8 if 50% permeable.

Details of the fencing must be endorsed by the Chi ef Executive Officer prior

to the issue of a Development Permit for Building W ork.

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Lawful Point of Discharge 19. The applicant/owner must ensure that the flow o f all external stormwater

from the property is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or prop erties downstream from the development, all to the requirements and satisf action of the Chief Executive Officer.

Water Saving 20. All toilet devices in the development must be f itted with dual flush cisterns

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

Refuse Storage 21. Refuse storage is required to service the site in accordance with Council

requirements. Brochures on these requirements – ‘R equirements for Refuse Storage’ are available from Cairns Water.

22. The refuse bin enclosure must be roofed and bun ded and fitted with a

bucket trap. Vehicle Wash Bay 23. The vehicle wash bay must be roofed and bunded and wastewater

discharged through a 550 litre triple interceptor t o sewer or as agreed to by the Chief Executive Officer.

Details Of Development Signage 24. Details of any permanent signage proposed in as sociation with the

development must be endorsed by the Chief Executive Officer. In particular the development must provide clear and legible sign age incorporating the street number.

External Lighting 25. All external lighting installed upon the premis es including car parking

areas must be certified by Ergon Energy (or such ot her suitably qualified person). The lighting must conform with Planning Sc heme requirements, whereby vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

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Crime Prevention Through Environmental Design 26. The applicant/owner must ensure that all lighti ng and landscaping

requirements complies with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

Above Ground Transformer Cubicles/ Electrical Sub-S tations 27. Above ground transformer cubicles and/or electr ical sub-stations are to be

positioned so that they do not detract from the app earance of the adjoining streetscape. This will require cubicles/sub-station s to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building. Details of th e electrical sub-station positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

28. Noise from either air conditioning units, swimm ing pool filters, service

equipment or other mechanical equipment must not em anate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having re gard to the provisions of the Environmental Protection Act 1994, Environme ntal Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).

29. Spa water quality must be maintained so that it meets the Queensland

Health Swimming and Spa Pool Water Quality and Oper ational Guidelines at all times.

Street Numbering 30. The development must provide clear and legible signage incorporating the

street numbers on letterboxes and the kerbside of S ondrio Street for the benefit of the motoring public.

Amalgamation Required 31. The applicant/owner is responsible for the reco nfiguration (amalgamation)

of Lot 104 on RP727197 and Lot 105 on RP727197 into one lot. The Plan of Survey must be registered with the Department of Na tural Resources and Mines at the applicant's/owner's cost prior to Comm encement of Use.

Concurrence Agency Conditions 32. The applicant/owner is to comply with the Concu rrence Agency Conditions

contained within the letter dated 28 August 2007, D epartment of main Roads reference number 158/809/102 (159). Council Refere nce number #1555555.

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ADVICE 1. This approval, granted under the provisions of t he Integrated Planning Act

1997, shall lapse four (4) years from the day the approva l takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

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

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

3. This approval does not negate the requirement fo r compliance with all other

relevant Local Laws and other statutory requirement s. 4. The applicant/owner is to comply with the Concur rence Agency Conditions

contained within the letter dated 28 August 2007, D epartment of main Roads reference number 158/809/102 (159). Council Refere nce number #1555555.

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 La ws and other applicable Policies log on to www.cairns.qld.gov.au .

EXECUTIVE SUMMARY: Council is in receipt of a development application for a Material Change of Use – Code Assessment, to facilitate the construction of 10 additional units at 47 and 49 Sondrio Street, Woree. The site is located in the Residential 3 Planning Area and currently contains a two storey building which contains four units. The applicant proposes to retain the existing units and construct a three storey structure accommodating ten (10) residential units with ground floor parking. Whilst the proposed land use is considered appropriate for the site, the proposal fails to provide onsite parking in accordance with the current CairnsPlan Parking and Access Code. The proposal generates demand for 23 spaces but provides for only 20 spaces. There is limited opportunity to provide the required parking spaces without significant amendment to the design of the units. As such, it is recommended that Council issue a Preliminary Approval for the application.

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TOWN PLANNING CONSIDERATIONS: Proposal It is proposed to construct a three-storey Multi Unit Housing development containing 8 x 2 bedroom and 2 x 3 bedroom residential units with ground floor car parking. The development will have one entry/exit point off Sondrio Street. The total height of the building from natural ground level to the underside of ceiling will be 8.2 metres. The regularly shaped site has a total area of 1456m². The site is flat, and currently contains 4 x 2 bedroom units with four car parking spaces. This building will be incorporated into the proposed development. Except for the Parking and Access Code, the proposal is generally consistent with all other CairnsPlan Codes. CairnsPlan

CairnsPlan Inner Suburbs Planning District

Code Applicability

Compliance

Planning Area Residential 3 �� Complies Land Use Multi- Unit Housing and Holiday Accommodation �� Complies

Hillslopes rrrr - Vegetation Conservation & Waterway Significance rrrr - Cultural Heritage rrrr - Potential or Actual Acid Sulphate Soil Material �� Complies Bushfire Management rrrr - Flood Management rrrr - Height and Impact of Buildings rrrr - Operational Aspects of the Cairns International Airport �� Complies

Overlays

Demolition rrrr - Excavation and Filling Code �� Complies Infrastructure Works Code �� Conditioned to comply Landscaping Code �� Conditioned to comply

Parking & Access Code �� See discussion. Proposal

requires amendment to comply.

Reconfiguring a Lot Code rrrr -

General

Development Near Major Transport Corridors & Facilities �� Complies

Car Parking The application fails to demonstrate that the proposed car parking layout, which provides 20 spaces (including a washbay), complies with CairnsPlan Parking and Access Code. The current CairnsPlan Parking and Access Code requires the provision of 1.75 parking spaces per unit plus a vehicle wash bay. A total of 23 spaces (including four for the existing four units) are therefore required.

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Recreational Feature The Multi-Unit Housing and Holiday Accommodation Code requires that a development with more than 10 units must contain at least one communal recreational feature (such as a swimming pool or tennis court). The proposal includes an eight person spa and barbeque area. During the information request period, Council requested that an alternative recreational feature be provided. Whilst the applicant considered alternatives, including a pool or gym area, they confirmed that a spa and barbeque area was the preferred option as it was likely to be used more frequently by tenants. Storage Lockers The proposal does not include storage lockers. The applicant was requested to provide storage in the parking area for each unit. The applicant advised that the inclusion of storage areas on the ground floor was not achievable. The preliminary approval is subject to the inclusion of lockable storage for each new unit. Setbacks The CairnsPlan Multi-Unit Housing and Holiday Accommodation Code specifies the following setback requirements:

The following minor encroachments into the front, side and rear boundary setbacks are proposed: • The balconies of the units fronting Sondrio Street are setback 4.4 metres from

the front boundary. • The structures which cover the parking areas are located within the two metre

rear boundary setback area. Whilst these elements fail to comply with the Acceptable Measure, all meet the Performance Criteria. As the bulk of the building meets setback requirements, the small parts of the building which encroach within the setback areas do not affect the open character of the building footprint.

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Public Notification/Submissions Not required for Code Assessable Development. HEADWORKS / CONTRIBUTIONS: Headwork’s contributions will apply to the development. Given that the Preliminary approval may require a reduction in the number of units contained in the building, calculation will be made based on the amended design. Lauren Payler Planning Officer Action Officer Simon Clarke Manager City Assessment

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Appendix 1

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Appendix 2

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11 OCTOBER 2007

9

NEGOTIATED DECISION - MATERIAL CHANGE OF USE (CODE

ASSESSMENT) – MULTI UNIT HOUSING/HOLIDAY ACCOMMODATION

AND CAR PARK – 8 & 10 DEAUVILLE CLOSE, YORKEYS KNOB –

DIVISION 10

Luke Jackson: 8/7/711-01 : #1568022 PROPOSAL: NEGOTIATED DECISION - MULTI UNIT

HOUSING / HOLIDAY ACCOMMODATION & CAR PARK

APPLICANT: WOODHEAD INTERNATIONAL PO BOX 6917 CAIRNS QLD 4870 LOCATION: 8 & 10 DEAUVILLE CLOSE YORKEYS KNOB, QLD 4878 PROPERTY: LOTS 5 & 6 ON RP730677 PLANNING DISTRICT: BARRON – SMITHFIELD PLANNING AREA: TOURIST & RESIDENTIAL PLANNING SCHEME: CAIRNSPLAN REFERRAL AGENCIES: DEPARTMENT OF NATURAL RESOURCES

AND WATER ENVIRONMENTAL PROTECTION AGENCY NUMBER OF SUBMITTERS: NA STATUTORY ASSESSMENT DEADLINE: NA DIVISION: 10 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council approve the Negotiated Decision reques t for development application for a Material Change of Use (Code) for Multi Unit Housing/Holiday Accommodation (20 dual key units) over land describ ed as Lots 5 & 6 RP730677, Parish of Smithfield located at 8 – 10, Deauville C lose, Yorkeys Knob, subject to the following conditions: 1. That Condition 3 be amended to read as follows: Amendment to Design 3. The proposed building/development must be redes igned to

accommodate the following changes: a. The building must be redesigned such that the height of the

Building does not exceed 13m from natural ground le vel, except for the lift cores and passages to the lift cores w hich must not exceed 13.8m.

Subject Sites

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Details of the above amendments must be indicated on plans submitted at

the time of a development application for a Develop ment Permit for Building Work and endorsed by the Chief Executive Officer pr ior to issue of a Development Permit for Building Work.

2. All other conditions of Development Permit 8/7/7 11-01 dated 15 June 2007

remain unchanged. EXECUTIVE SUMMARY: Council granted consent at its Planning and Environment Committee Meeting held on 14 June 2007, to Material Change of Use (Code) for Multi Unit Housing/Holiday Accommodation (20 dual key units) over land described as Lots 5 & 6 RP730677, Parish of Smithfield located at 8 – 10, Deauville Close, Yorkeys Knob, subject to conditions. Council is in receipt of a Negotiated Decision to alter condition 3 of the Decision Notice relating to the height of the building. The assessment of the application reveals that the alteration to the condition is supported. TOWN PLANNING CONSIDERATIONS: The condition to which the request for a Negotiated Decision relates is identified below followed by the Applicants comments and Officer comments. The condition of the Development Permit which the applicant has requested Council to delete is as follows; Condition 3 Condition 3 of the development permit currently reads: Amendment to Design 3. The proposed building/development must be redesigned to accommodate the

following changes:

a. The building must be redesigned such that the height of the Building does not exceed 13m from natural ground level.

Details of the above amendments must be indicated on plans submitted at the

time of a development application for a Development Permit for Building Work and endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

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Applicant’s Comments . The height of the building is defined by the CairnsPlan as ‘…distance in meters measured in a vertical axis from any point of natural ground level or, in a case where a finished ground level is specified by the Council, measured from that finished ground level to the underside of the ceiling of the top most level of the building…’ The finished floor level stipulated by Cairns City Council’s Infrastructure Management Department is 3.65 AHD. We enclose correspondence to that effect for ease of your reference. For this reason the height of the building is to be measured not from the natural ground level, as the Decision Notice implies, but from the Council nominated height of 3.65 AHD. Notwithstanding the above, the topmost height of the residential (unit) part of the development is 12.8m above the natural ground level, which complies with the 13m height restriction of the Decision Notice. Only two very small areas, that is the lift cores and passages to the lift core, are at a height 13.8m above natural ground level. The reasons for the additional height relate to the operational requirements of the lift needing an additional 1.0m for the lift overrun. We are unable to reduce the height of the lift cores as the lifts would not comply with the relevant Australian Standards and the building design would not gain Building Code of Australia Compliance. In general, the development complies in 99.5% of the floor area to the designated height of less than 13m. We seek Council’s approval to maintain this small area at an increased height of 800mm on the following grounds: ● 99.5% of the development is less than 13m in height and only a minimal area

of the development exceeds the height by 800mm;

● The height concern is limited to a very small part of the development which does not adversely impact on the bulk of the development. In fact, the opposite can be argued as the lift cores provide architectural relief to the elevations thus creating an interesting front façade;

● The reduction in height of the lifts is not possible on technical grounds as

Australian Standards governing lift operations would not be complied with;

● The bulk and scale of the development is consistent with the adjoining developments, with the additional height of the lift core being of similar scale to the adjoining buildings;

● The lift core areas do not add to the bulk of the building, as the main

architectural element of the design is the pitched roof, which has much greater visual impact. As mentioned above, the lift cores assist in reducing the bulk appearance of the roof.

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Officer’s Comments . The minor exceedance in height will nit result in an excessively bulky appearance and only affects a small area of the building around the lift cores. The justification presented by the applicant is concurred with and it is considered that the condition can be amended to accommodate the minor discrepancy in height over the lift cores and passageways to them. It is therefore recommended that the condition be varied as requested by the applicant. Luke Jackson Planning Officer Action Officer Simon Clarke Manager City Assessment

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Appendix 1: Site Plan, Floor Plans and Elevations.

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Appendix 2: Concurrence Agency Conditions

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Appendix 3 – Response from Department of Natural Resources and Water.

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11 OCTOBER 2007

10

RECONFIGURING A LOT (1 LOT INTO 21 LOTS) – STAGE 9C – LOT 900

RED PEAK BOULEVARD, CARAVONICA – DIVISION 12

Gary Warner: 8/35/32-01 #1545515 PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 21 LOTS)

- (STAGE 9C) APPLICANT: RED PEAK FOREST ESTATE PTY LTD C/- GHD PTY LTD PO BOX 819 CAIRNS QLD 4870 LOCATION: LOT 900 RED PEAK BOULEVARD, CARAVONICA PROPERTY: PART OF LOT 900 ON SP177996, PARISH OF SMITHFIELD ZONE: RESIDENTIAL 2 STRATEGIC PLAN: URBAN DCP: HILLSLOPES DEVELOPMENT CONTROL PLAN

– CATEGORY B (URBAN - CONSTRAINED) PLANNING SCHEME: PLANNING SCHEME FOR THE BALANCE OF

THE CITY OF CAIRNS REFERRAL AGENCIES: DEPT. NATURAL RESOURCES & WATER STATUTORY ASSESSMENT EXPIRED DEADLINE: DIVISION: 12 APPENDIX: 1. PLANNING AREA MAP 2. LAYOUT PLANS 3. DEPT NATURAL RESOURCES & WATER

CONDITIONS

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LOCALITY PLAN

RECOMMENDATION: That Council approve the application for Reconfigur ation of a Lot (1 Lot into 21 Community Title Lots and Common Property) being Sta ge 9C of Red Peak Forest Estate over land described as Lot 900 on SP177996, Parish of Smithfield located at Red Peak Boulevard, Caravonica subject to the fo llowing conditions:- Assessment Manager Conditions 1. The proposed development (Stage 9C) to create 21 (Community Title)

residential allotments as detailed on the following schedule of plans prepared by Black and More and dated November 2006, is approved subject to any alterations:

SCHEDULE OF APPROVED DRAWINGS

PLAN A SITE LAYOUT - STAGE 9C PLAN B PROPOSED SUBDIVISION LAYOUT - STAGE 9C FIGURE 1 OVERALL SITE LAYOUT FIGURE 4 OVERALL LAYOUT PLAN WITH PROPOSED LOT

ANALYSIS FIGURE 5 WATER SERVICE MASTER PLAN

Area subject to current application

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FIGURE 6 SEWER MASTER PLAN FIGURE 7A STORMWATER MASTER PLAN FIGURE 8 TYPICAL ROAD CROSS SECTION STAGE 9C FIGURE 9 EARTHWORKS LAYOUT - STAGE 9C FIGURE 10 DETAIL EARTHWORKS LAYOUT – STAGE 9C FIGURE 11 ROAD LONGITUDINAL SECTIONS FIGURE 12 ROAD CROSS SECTIONS FIGURE 52 SLOPE ANALYSIS PLAN - EXISTING SURFACE

a. Found necessary by the Council at the time of e xamination 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, Developm ent Manual and good engineering practice; and

c. To ensure compliance with the following conditi ons of approval. Except where modified by these conditions of appro val. Timing of Effect 2. The conditions of the Development Permit must be effected prior to the

approval and dating the Plan of Survey, except wher e specified otherwise in these conditions of approval.

Subdivision Development 3. The subdivision development, including but not l imited to, roads, drainage,

sewer, water supply, street lighting, pedestrian/cy cle paths and landscaping must be designed to the satisfaction of the Chief E xecutive Officer in accordance with current requirements of the Plannin g Scheme and the FNQROC Development Manual.

Three (3) copies of a plan of the works for the re levant stage of subdivision

must be submitted to and be endorsed by the Chief E xecutive Officer prior to the issue of a Development Permit for carrying out Operational Works. Such works must be constructed in accordance with the en dorsed plan, to the satisfaction of the Chief Executive Officer and the FNQROC Development Manual prior to approval and dating the Plan of Sur vey of the relevant stage.

Water Supply and Sewerage Contributions 4. The applicant/owner must contribute in accordanc e with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provisions of water supply and sewerage headworks.

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payment. On the present method of calculation, the estimated total headworks contributions are as tabulated below:

Water

Stage ERA’s Contribution $ 9C 22.8 78,119.33

Sewerage

Stage EDC’s Contribution $ 9C 20.0 88,240.90

Payment is required prior to the approval and dati ng of the Plan of Survey. Stormwater Mitigation 5. The applicant/owner must contribute in accordanc e with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provision or augmentation of stormwater drainage services and associated service s in accordance with Smithfield/Yorkeys Knob/ Moon River Drainage Manage ment Plan.


the present method of calculation, estimated total contributions for each stage of development are for Stormwater Mitigation are as follows:

Stage Contribution 9C $16,126.76

Payment is required prior to approval and dating o f the Plan of Survey. Stormwater Quality 6. The applicant/owner must contribute in accordanc e with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards improvement of Stormwater Quality.


the present method of calculation, estimated total contributions are for each stage of development for Stormwater Quality are as follows;

Stage Contribution 9C $22,272.45

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

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Stormwater Drainage Master Plan 7. The applicant/owner must design and provide a Ma ster Stormwater Drainage

Plan and system that: a. Adequately receives and conveys upstream catchm ents; b. Adequately conveys internal catchments; c. Provides an overland flow path capable of conve ying a Q100 storm flow

within the development to comply with Section 2.5.9 of the FNQROC Development Manual;

d. Provides a secondary drainage path to an approv ed outlet; e. Identifies the dimensions and location of any d rainage easements and

proposed conditions for the easements; f. Provides details of outlet protection and GPT’s ; g. Provides details of links with existing stormwa ter drainage systems in

the locality; h. That does not cause adverse impacts down stream from the

development Plans and design calculations demonstrating the pr e development and post

development stormwater flows together with the issu es raised above must be provided with sufficient time for Council consid eration as part of the Operational Works application.

Three (3) copies of a plan of the works must be su bmitted to and endorsed

by the Chief Executive Officer prior to the issue o f a Development Permit for Operational Works. All works must be carried out i n accordance with the approved plans, to the requirements and satisfactio n of Cairns Water and the Chief Executive Officer prior to the prior to t he approval and dating of the Plan of Survey.

Water & Sewerage 8. Prior to Operational Works submission the applic ant must provide revised

water supply and sewerage master plans with support ing information. The master plans must be endorsed by the Chief Executiv e Officer prior to submission of the Operational Works application.

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In particular the applicant/owner must provide the following: a. Full water network analysis. b. Sewer hydraulic calculations to demonstrate how each allotment can

be serviced and controlled and shows the approximat e depths of the sewers as well as the finished surface levels.

c. Details of sewers in relation to retaining stru ctures. 9. All water supply and sewerage works must be desi gned and constructed in

accordance with the FNQROC Development Manual. Three (3) copies of a plan of the works must be en dorsed by the Chief

Executive Officer prior to issue of a Development P ermit for Operational Works.

Any upgrade to or construction of a sewerage pump station will require full

design drawings and a commissioning plan in accorda nce with FNQROC Development Manual submitted with the plan of works and will be subject to compliance with the State Purchasing Policy for com petitive Tendering.

10. In the event that any part of Council’s existin g sewer/water infrastructure is

damaged as a result of construction activities occu rring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must no tify Cairns Water immediately of the affected infrastructure and have it repaired or replaced by Cairns Water at the developers cost prior to the co mmencement of use.

Water Supply Works 11. The applicant/owner must undertake the followin g water supply works to

service the proposed development from Council’s exi sting water supply infrastructure, in particular:-

a. Augment existing water supply infrastructure do wnstream of the

development to the extent necessary to accommodate the increased demand generated by the development.

b. Provide water mains internally such that each lo t and all public parks

may be provided with a single water service connect ion to the lot frontage.

c. The ultra high level reservoir must be located o n freehold land and be

provided with a sealed, all weather access, also on freehold land, which is accessible at all times to Cairns Water staff an d machinery.

All the above works must be shown on the plan of w orks submitted for

Operational Works approval .

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Sewerage Works 12. The applicant/owner must undertake the followin g sewerage works to

service the proposed development from Council’s exi sting water supply infrastructure, in particular:-

a. If required, augment existing sewers and pump s tations downstream of

the site, to the extent required to accommodate the increased flows generated by the development.

b. The Community Title scheme must be serviced fro m a single sewer

connection; c. Each allotment and proposed park within the Com munity Title scheme

must be provided with a single internal sewer conne ction. d. Easements must be provided in favour of Council in accordance with

the FNQROC Development Manual. All the above works must be shown on the plan of w orks submitted for

Operational Works approval . Landscaping Plan 13. The applicant/owner must landscape the subject land and street frontage in

accordance with the FNQROC Development Manual and i n accordance with a landscape plan submitted to and endorsed by the C hief Executive Officer prior to the issue of a Development Permit. In par ticular, the plan must show:

a. Planting of the footpath with trees, using appr opriate species with

regard to any overhead power-line constraints; b. Planting of the linear corridor on the northern side of the Creek system

with regard to maintaining visibility from the adjo ining allotments. c. Revegetation of cleared areas including batter slopes exterior to

individual lots, and d. Provide an assessment of the vegetation for a d epth of 20m around the

whole perimeter of the development where it adjoins the balance area (proposed Conservation Park) and outline a replanti ng program for areas identified in the assessment requiring infill planting.

Two (2) A1 copies and one (1) A3 copy of the lands cape plan must be

submitted to and endorsed by the Chief Executive Of ficer prior to the issue of a Development Permit for Operational Works.

Areas to be landscaped must be established prior t o the commencement of

the use and must be maintained at all times, both t o the satisfaction of the Chief Executive Officer.

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Parkland Protection 14. Any common boundaries with general parkland or drainage reserves must

be temporarily delineated and fenced off to restric t building access for the duration of construction activity.

Lawful Point Of Discharge 15. The subject land must be drained to the satisfa ction of the Chief Executive

Officer. In particular, a. The drainage system from the development must i ncorporate a gross

pollutant trap(s) or equivalent measure(s), meeting the following Council specifications for stormwater quality impro vement devices (SQID), namely:

i. End-of line stormwater quality improvement dev ices (SQID) shall

be of a proprietary design and construction and sha ll carry manufacturer’s performance guarantees as to removal of foreign matter from stormwater and structural adequacy of t he unit.

ii. SQIDs shall remove at least 95% of all foreig n matter with a

minimum dimension of 3mm and shall be configured to prevent re-injection of captured contaminants.

The SQID treat all first flush runoff, which sha ll be defined as that

volume of water equivalent to the runoff from the 3 month ARI storm event. The location of SQIDs within the drai nage system shall be planned to ensure that the first flush wat ers from all parts of the (developed) catchment are treated.

iii. The design of the SQID shall not compromise the hydraulic

performance of the overall drainage system. b. All new allotments shall have immunity from flo oding associated with

an ARI 100 year rainfall event. Soil and Water Management Strategy 16. A Soil and Water Management Strategy, in accord ance with Council's

Development Manual must be submitted to the Chief E xecutive Officer prior to the issue of a Development Permit for Operationa l Works.

Installation Of SWM Measures 17. The soil and water management measures must be installed/implemented

prior to discharge of water from the site, such tha t no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environ mental Protection Act 1994, and Council's Development Manual).

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Electricity and Telecommunications 18. The applicant/owner must provide written eviden ce of negotiations with the

electricity supply and telecommunications authoriti es that services will be provided to the development. Such evidence to be p rovided prior to the approval and dating of the Plan of Survey.

Existing Creek and Drainage Systems 19. All existing creek systems and drainage areas m ust be left in their current

state including no channel alterations and no remov al of vegetation unless consented to in writing by the Chief Executive Offi cer.

The applicant/owner must obtain any necessary appr ovals from the

Department of Natural Resources and Mines for carry ing out works in a watercourse.

Geotechnical Report 20. A geotechnical assessment of all lots on the si te must be undertaken and

the applicant ensures: a. A certificate from a registered professional ge otechnical engineer shall

be submitted to certify that all lots have an adequ ate factor of safety against slippages and that all earthworks for the d evelopment have been constructed/conducted in accordance with sound engineering principles.

b. A site classification report for each lot shall be completed in

accordance with Australian Standard AS2870 and a co py given to all prospective purchasers.

The above certificate and site classification repo rts shall be submitted and

approved by Council’s Chief Executive Officer prior to the submission of the Plan(s) of Survey to Council for approval and datin g.

Building Setback/Envelope Plans 21. The applicant/owner must lodge formal building setback/envelope plans for

all proposed lots with Council prior to approval an d dating of the Plan of Survey. Building setback/envelope plans must comply with the following requirements:

a. No building setback shall be closer than 1.5 me tres to a completed

sewer or stormwater main; and b. No building envelope shall extend into an exist ing or proposed

easement.

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c. Respect any recommendations of the Geotechnical Report and

Stormwater Master Plan required by the approval con ditions for Application 8/35/32.

d. The Building envelope should be clear of any si gnificant protected

vegetation. The applicant/owner must also ensure that the endo rsed building setback

plans are made known to all prospective purchasers of the lots. Wildlife 22. Prior to removal of any tree, an inspection mus t be carried out for any signs

of protected wildlife including nests and animal ha bitat. Should any wildlife activity be identified, removal of the tree must no t occur until the animal has vacated the area of immediate danger. If the anima l is actively nesting, or does not move from the area of danger, the Queensla nd Parks and Wildlife Services (4053 4533) must be contacted for advice a nd/required permit. Habitat trees should be retained wherever possible.

Council’s City Assessment Branch is to be notified two business days prior

to the proposed date of commencement of any approve d tree clearing. Exotic Species 23. The applicant shall have a suitably qualified e xpert identify any exotic

species of vegetation on the subject land capable o f successfully competing and establishing within the native vegetation on th e site. All exotic vegetation identified on land in the subject stage must be removed. In particular, the species to be identified for remova l shall include the African Tulip Tree (Spathodea companulata) and the Candle T ree (Parmentiena aculeate). These trees must be removed in a manner to the reasonable satisfaction of the Chief Executive Officer.

Street Lighting 24. The applicant/owner must make the following arr angements for the

installation of street lighting within the proposed subdivision prior to the approval and dating of the Plan of Survey:

a. Prior to the issue of a Development Permit for Operational Works a

Rate 2 lighting scheme is to be prepared by Ergon E nergy or its approved consultant and submitted to the Chief Exec utive Officer for approval. The Rate 2 lighting scheme is to be desig ned in accordance with the relevant Road Lighting Standard AS/NZS 115 8 and the FNQROC Development Manual. The applicable lighting category is to be determined from the Road Hierarchy Table D1.1 and t he corresponding applicable Lighting Categories Table D8.1 as identi fied in the FNQROC Development Manual.

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The design must provide the applicable illuminatio n level specified in the Road Lighting Standard AS/NZS 1158 at the following road elements:

● LATM devices ● Roundabouts ● Pedestrian refuges ● Intersections ● Provision of a satisfactory level of lighting on a ll split level

carriageways. b. Prior to the date of plan sealing the applicant/ owner must submit written

confirmation that the relevant capital contribution required by Ergon Energy has been paid, to ensure that the street lig hting will be constructed.

c. Where a new intersection is formed on an existi ng roadway for the

purpose of accessing a new subdivision development, both the intersection and the existing road for two spans of lighting either side of the intersection shall be provided with lighting to the relevant Lighting Category.

Easements of Support (Earthwork batters) 25. The applicant/owner must, at their own cost, pr ovide for the creation of

reciprocal batter/support easements over all earthw ork batter slopes that provide structural support for adjoining sites to t he requirements and satisfaction of the Chief Executive Officer. A cop y of the easement documents must be submitted to Council for the appr oval of the Council's solicitors at the expense of the owner. The easeme nt documents must be lodged and registered in the Department of Natural Resources and Mines at the time of registration of the Plan of Survey for Reconfiguration.

Access Easement 26. The applicant/owner must, at their own cost, pr ovide for the creation of

reciprocal access easements (including services) to allow vehicle access and on-site manoeuvring for those sites relying on shared physical access all to the requirements and satisfaction of the Chi ef Executive Officer. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at the expense of the applicant/owner. The easement documents must be lodged and registered in the Department of Natural Resources and Mines at the time of registra tion of the Plan of Survey.

Access to Hatchet or Battleaxe Lots 27. The applicant/owner must construct a concrete d riveway or other approved

surface to all battleaxe Lots and sites shown with “shared access arrangements, extending the full length of the acce ss leg of the allotment and such driveway must commence at the adjacent ker b and channel with a standard crossover in accordance with Council Stand ard Drawing s1015. Construction of the concrete driveway must be in ac cordance with Council Standard Drawing s1015.

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All works must be carried out to the requirements and satisfaction of the

Chief Executive Officer prior to approval and datin g of the Plan of Survey. Service Conduits 28. The applicant/owner must provide service condui ts to all battleaxe Lots

adjacent to the driveway together with associated a ccess pits if necessary, to extend from the front boundary to the end of the access driveway.

All works must be carried out to the requirements and satisfaction of the

Chief Executive Officer prior to approval and datin g of the Plan of Survey. 29. The following notation will be placed on Counci l’s rate record for each

allotment: “Council holds a site classification report for th e site which was completed

just prior to the Council’s approval and dating of the Plan of Survey.” ADVICE 1. This approval, granted under the provisions of t he Integrated Planning Act

1997, shall lapse four (4) years from the day the a pproval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

2. For information relating to the Integrated Plann ing Act 1997 log on to

www.ipa.qld.gov.au. To access Council’s Developmen t Manual, Local Laws and other applicable Policies log on to www.cairns. qld.gov.au.

3. Approval of the subject development does not imp ly approval of further

stages of development that may rely on this stage f or access. 4. The following notation will be placed on Council ’s rate record for each

allotment: “Council holds a site classification report for th e site which was completed

just prior to the Council’s approval and dating of the Plan of Survey.” _____________________________________________________________________

_ EXECUTIVE SUMMARY: Council is in receipt of an application for a Development Permit for Stage 9C of the Red Peak Estate consisting of a cluster of 21 “Community Title” residential allotments and a balance allotment.

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The proposed reconfiguration is in accordance with Planning Scheme for the Balance of the City of Cairns. The reconfiguration of the land takes place within the Residential 2 Zone and approval of the application is recommended subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is for reconfiguration of land described as Lot 900 on SP152636 into 21 lots with areas between 704m² and 1565m², averaging 1130m². The lot areas are well above the minimum lot size requirements for the Residential 2 zone largely reflecting the steep nature of the land. The proposed stage will be located on an extension of Red Peak Boulevard. The road access to the current stage will be provided through the earlier three stages of the development (Stages 8, 9A and 9B). Stages 8, 9A and 9B were approved by Council at its meeting of 30 August 2007. Planning Background In February 2007 Council was asked to consider permitting development associated with six individual reconfiguring a lot applications on the land to be assessed using the provisions of the Planning Scheme for the Balance of the City of Cairns (the Superseded Planning Scheme) rather than CairnsPlan. The planning provisions that relate to the land were considered to be not vastly different between CairnsPlan and the Superseded Planning Scheme: The application for consideration under the Superseded Scheme also noted that allowing assessment under the Superseded Scheme would not prejudice Council’s future ability to determine either favourably or otherwise. Council resolved at its meeting of 8 February 2007 to allow consideration of the development proposals over the land under the Planning Scheme for the Balance of the City of Cairns. The current application is the second of the developments over the land under the Superseded Planning Scheme. It was noted at the time of the 8 February resolution that Stage 9C of the development represented a 21 lot Community Title residential subdivision, albeit on steep sites, and included land contained entirely within the original rezoning boundary. Applicant’s description of the current proposal The applicant’s description of the proposed stages of development is quoted as follows: “It is proposed to reconfigure Stage 9C as 21 Community Titles Scheme lots as

shown on Sketch 2 Proposed Subdivision (Black & More Nov. ’06). As with stages 8, 9A and 9B, all allotments are large (minimum 863 m²) and provide the opportunity to construct a single dwelling house with ample private open space remaining.

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Access will be via the turnaround area at the western end of stage 9B. All lots will have frontage to a constructed private internal road and a graded walking track through the balance land will begin and terminate within this stage (see Masterplan). Although this will be a private community, the nature of the gate structure will be low key and in keeping with the local environment. There is no intention to provide a continuous barrier around the whole development, although property owners may choose to erect fences around individual homes. Admission will be via electronic key and an intercom system will be provided for visitors. Electronic and conventional keys will be provided to the police and emergency service providers and to the Council’s waste collection contractor.

The approach to site works and building pads mirrors that for stages 8, 9A and 9B. Planning Scheme Provisions

Planning Scheme Provisions

Requirements Complies Yes/No

Intent of Zone Residential 2 Yes Intent of Strategic Plan Urban Yes Intent of DCP Hillslopes Category B Yes – with appropriate

earthworks and landscaping Minimum Lot size 300m² Yes – much larger sites

required because of topography

Minimum Frontage 10m Yes Minimum Depth 15m Yes

Issues Excavation and Fill The generally steep nature of the land (see plan in Appendix 2 for analysis of slopes greater than 1 in 3) has prompted the applicants to provide sites that are “fit for purpose” by creating constructed building platforms on many of the sites as illustrated in the plans attached to this report. This methodology has been used in earlier stages of the same development although the sites approved in earlier stages are generally smaller in size than those shown in Stages8, 9A,9B and the current Stage 9C. It is noted that stages 8 to 9C all nestle in a small valley perched behind the Grassy Knoll (Stage 6 of Red Peak Forest Estate). The applicants have made the following comments with respect to the nature of the topography on the site:

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“Stages 8 and 9 are located on Hillslopes associated with the Macalister Range

and involve development of land ranging in elevation from RL 45 to RL 175 m AHD, (175m representing the upper reaches of the rezone area where an ultra high level reservoir is proposed). This is reflected in CairnsPlan’s inclusion of the development footprint within the Category 1 (urban) area of the Hillslopes overlay map.

Two prominent tributaries of Avondale Creek pass through the subject site

between Stage 8 and Stage 9a, and between Stage 9b and Stage 9c. The tributaries are steep and well-defined watercourses. Smaller rivulets and gullies also exist throughout the subject site. The lot layout shown in Figure 4 has been developed with due consideration to the natural forms, relief and drainage of the area and remnant vegetation and existing habitats.”

Roads The proposal relies on a road system that is similar to existing roads in the earlier stages of the estate. The road providing access to Stage 9C will be developed in Stages 8, 9A and 9B and include some “split” carriageways. Stage 9C will have its own internal private road that will also provide access to a reservoir site. Vegetation With respect to the nature of the vegetation on the site the applicants have provided the following summary: “As noted in the earlier sections above, the footprint for development within the

larger overall site has been identified and delineated based on the previously cleared area. This clearing has included intermittent logging activities and previous clearing over a period of 50 years, the most recent being the clearing undertaken in or about 1991.

The resulting regrowth contains a high proportion of introduced species including,

Lantana, giant guinea grass, African Tulip, Candle nut trees etc and is of low ecological value. This is reflected in both the CairnsPlan mapping and in the State Government’s Vegetation Exemption mapping. The State vegetation exemption mapping clearly shows the Stage 8 and 9 areas together with the proposed rural lots as being exempt from vegetation of significance. Areas shown as green belts/parklands within the attached supporting figures are generally those areas that had lesser disturbance during clearing in 1991.

Notwithstanding that these areas are outlined in the CairnsPlan vegetation overlay

as “low value” vegetation areas they have some potential to be revegetated with native species to recreate links through the development.

129


The low value associated with the vegetation within the development footprint is

also reflected in the court order with the courts effectively testing the developability of the land prior to permitting the rezoning. It is stressed that the Hassell Planning layouts developed at that time for the courts consideration have been significantly scaled back in this final layout to maximise vegetation linkages and buffers between the lots.

Whilst this has resulted in a loss of yield for the developer, it is considered that this

more accurately reflects a balanced development with regard to the particular opportunities and constraints of this site. Importantly from Council’s perspective it demonstrates the developers clear intent to achieve the CairnsPlan Desired Development Outcomes associated with the sites Hillslopes Category 1 (urban) designation.

The proposed lot layout with its green belt connectivity also seeks to add value to

the adjoining environmental park with the reinstatement of vegetation links through the estate.

These green belt links are depicted on Figures 3 and 4.” In a general sense the applicants above contentions reflect the nature of the on site vegetation. Conditions have been imposed to require removal of introduced pest species. Servicing Cairns Water engineers have perused the application and have some concerns with respect to provision of water and sewer and require additional services analysis to support the provision of these services. Balance Area – Provision of Park The final shape of the balance lot has been determined to include the entire ecologically important core habitat running through to the boundary with the Wet Tropics World Heritage Area. However the lot provides and protects a green network of habitat connecting through to the eastern stages of the Red Peak Forest Estate, within which stages 8, 9A, & 9B appear as discrete pockets of development. Within this network there is the opportunity to provide an interconnected series of walking trails. Many of these trails currently exist. However they are in varying states of repair. The trails are intended to be accessible to the wider community. Council is currently engaged in a Supreme Court action (26 of 2000) with the applicants over matters relating to the balance area. Once the court action is resolved it is proposed that the balance land be established as a nature reserve under joint management between Cairns City Council and the Oberdan family.

130


Referral Agencies Department of Natural Resources and Water (Concurrence Agency) This agency “had no vegetation –related requirements with respect to this application as the subject lot does not contain an endangered regional ecosystem and the application is for an urban purpose in an urban area on freehold land.” See Conditions in Appendix 3 HEADWORKS / CONTRIBUTIONS: The applicant through their engineers has advised: “No external Roadworks are proposed in relation to the development Stages 8 and

9 of the estate. Fig Tree Drive was constructed to its full standard as per the Cairns City Council Traffic Management Plan as part of stage 1 of the development, under a heads of agreement between Middin Pty. Ltd and the adjacent landowner (Valdarno Pty Ltd). The standard is a median divided sub arterial in accordance with Council’s former Traffic Management Plan, (TMP).

This met the developments full commitment to road infrastructure and accordingly,

the expectation is that no traffic contributions will be levied against stages 8 & 9.” The following developer contributions are applicable to the proposed development. Element Comment Calculation Contribution Water District 7: $3,436.29/ERA

Stage 9C – 22.80 ERA

22.8 x 3436.29

$78,119.33

Sewerage District 12: $4,412.04/EDC Stage 9C – 20.0 EDC

20 x 4412.04

$88,240.90

Traffic Cairns Urban.- $4,926.29/ERA Stage 8 – 44 ERA

44 x 4926.29

$NIL

Drainage Mitigation

Smithfield/Yorkeys Knob/ Moon River DMP –$2,799.78/Ha Stage 9C – 3.00 Ha (est)

3.0 x 2799.78

$8,399.35

Water Quality $3866.74/ha Stage 9C – 3.0 Ha (est)

3.0 x 3866.74

$11,600.23

Open Space Pocket parks provided and hill side park land to be surrendered.

No contribution sought at this stage

Nil

131


Gary Warner Planning Officer Action Officer Simon Clarke Manager City Assessment

132


APPENDIX 1 – Location of Stage 9C – CairnsPlan Planning Areas

STREET

KALY

AN

ILLAWARRA

YUR

ONGI

STREET

FIG

BOULEVARD

ILLO

WRA

CT

TREE

CLO

SE

WIR

REG

A C

L

BOULEVARD

BADI

NE S

T

TREE

DR

IVE

STR

EET

RED

ORANA ST

STREET

GA

WAY

STR

EET

BADINE ST

MELI

NGA C

LOSE

YURONGI

ROAD

KULG

UN

TALIA

PEAK

STREE

T

STREE

T

STREET

AROONA

RED PEAK

ORANA ST

KAWANA

BULB

A

FIG

TREE

FIG

CLOSE

STREET

JIL

BA

R

CL

OS

E

MULURRI CL

BAWAY

IMPEY

COURT

BIRDWING

WILLANDRACT

ROAD CAR

RAM

AR

BA

RE

LLA

N

CLOSE

PLACE

CARAVONICACARAVONICACARAVONICACARAVONICACARAVONICACARAVONICACARAVONICACARAVONICACARAVONICA

Stage 9C

Conservation

Res 2

133


APPENDIX 2 – Layout Plans

134


135


136


137


138


139


140


141


142


143


144


145


146


Appendix 3 – Department of Natural Resources & Water

147


148


149



11 OCTOBER 2007

11

COMPENSATION CLAIMS COMPENSATION CLAIMS COMPENSATION CLAIMS COMPENSATION CLAIMS & APPEALS & APPEALS & APPEALS & APPEALS –––– SEPTEMBER 2007 SEPTEMBER 2007 SEPTEMBER 2007 SEPTEMBER 2007

Simon Clarke: 1/59/2-01 : #536015 V621

RECOMMENDATION: 1. That the report on the Compensation Claims & App eals for September 2007

be received and noted. 2. Council resolves that it is satisfied that the s ervices of a barrister and

consultants to act for Council in The Appeals are o f such a confidential nature that it would be impractical or disadvantage ous to the Council to invite quotations and will proceed to procure these services utilising the provisions outlined in Section 486(3)(b) of the Local Government Act 1993.

Simon Clarke Manager City Assessment

150


CAIRNS CITY COUNCIL APPEALS / OTHER MATTERS

MACDONNELLS LIST AS AT 1/10/2007

Description Applicant Comment Solicitor Supreme Court No. 77 of 1999 Supreme Court No. 154 of 1998

Vamgold Pty Ltd CEC Pty Ltd

Deed of settlement executed – awaiting receipt of final copy. Waiting for executed deed.

MacDonnells

Supreme Court Appeal No. 26 of 2000

Middin Pty Ltd CCC & Middin representatives met recently to review progress on establishing the joint trusteeship. Meetings are occurring on the design and layout of the balance area. A further revised Deed of Settlement is being considered by the parties. A counter proposal was recently submitted by Middin for Council’s consideration.

MacDonnells

Appeal No. 17 of 2005 Colin Watson Investments No. 3 Pty Ltd

Without prejudice discussions have occurred. MRD & Appellant are exchanging details.

MacDonnells

Appeal No. 154 of 2005 Colin Watson No. 3 Pty Ltd. Without prejudice discussions have occurred. MRD & Appellant are exchanging details.

MacDonnells

Appeal No. 329 of 2005 SOS Community Action Group Inc (First Applicant) and Cairns & Far North Environment Centre (Second applicant)

Land situated at False Cape more particularly described as Lot 108 on RP 712063, Parish of Trinity, County of Nares, having an area of 120.5 hectares. Costs awarded against the appellants. Instructions from Council to recover costs. Cost Assessor briefed to provide cost assessment. Application for cost assessment has been filed on behalf of Council. Cost assessment determined in favour of Council on 31/7/07.

MacDonnells

Court of Appeal No. 5430 of 2006 SOS Community Action Group Inc Request for payment of costs has been made.

MacDonnells

151


Appeal No. 86 of 2006 Sevmere Pty Ltd Appellant to pursue superseded planning scheme

application and put appeal in abeyance.

MacDonnells

Appeal No. 304 of 2006 Reef Cove Resort Judgement delivered on 20/9/07. Appeal successful. Matter adjourned so the parties can draft appropriate orders and conditions for the operational works permit.

MacDonnells

Appeal No. 352 of 2006

Kovchenko & O’Rourke Notice of Appeal lodged by submitters against approval by Council for combined application (reconfiguring a lot and MCU) at Captain Cook Highway, Kewarra Beach. Entry of Appearance filed on behalf of Council.

MacDonnells

Appeal No. 36 of 2007 McDonald’s Australia Limited The hearing of the appeal is listed for 3 days commencing 22/10/07.

MacDonnells

Originating Application No. 39 of 2007 Pregno Family Investments Pty Ltd Originating Application challenging Council’s intention to amend planning scheme regarding location of Edmonton Town Centre. State (DMR & QT) joined as parties. All parties have consented to directions concerning particulars, disclosure and Alternative Dispute Resolution process.

MacDonnells

Originating Application No. 109 of 2007

Redlynch Valley Property Company Pty Ltd

Stapleton Close, Redlynch Valley Estate Appeal against Council refusal of an application for a MCU & Reconfiguration of a lot (1 lot into 3). Request for Further and Better Particulars received from solicitor for the Appellant. CCC Officers preparing a Planning Report on Council’s Further and Better Particulars for ground for refusal.

MacDonnells

152


Appeal No. 141 of 2007 Wendell Hearl Debbie Street, Trinity Park Lot Reconfiguration. Awaiting Without Prejudice Discussion held 28/10/07. Amended plan to be provided.

King and Company

Appeal No 187 of 2007 Ian Gordon Coates & Sally Coates Bruce Highway, Woree – New Appeal Lodged against Council’s refusal

King and Company

Appeal No 208 of 2007 Gelling, Kingston, Romer & Bradley 31 Dunn Street, Cairns North – New submitter Appeal Lodged against Council’s approval of Mosque

King and Company

Appeal No 216 of 2007 Patricia Manning 29 Magee Street, Aeroglen – New Appeal against Council’s refusal of Lot Reconfiguration. Request for Further and Better Particulars Received

N/A

Appeal No 164 of 2007 Benchmark Development Pty Ltd 331-337 Digger Street, 92-98 Digger Street and 8 Smith Street Cairns City Appeal heard – Awaiting Judgement.

Council (in House)

Appeal No 179 of 2007 Alfio Sciacca 20 Junction Street, Edge Hill – New Appeal against Council’s Decision to refuse Dual Occupancy

N/A

Appeal No 180 of 2007 Baars and Higgins 20-24 Alexandra Street, Clifton Beach – Deemed Refusal of Operational Works Application to construct a driveway track. Further and Better Particulars received.

King and Company

Appeal No 1146 of 2007 Sugarworld Pty Ltd Walker Road, Edmonton – Draft Infrastructure Agreement being prepared with view to settling Appeal

King and Company

Appeal No 183 of 2007 Sugarworld Pty Ltd Isabella Road, Edmonton – Conditions of settlement forwarded to applicant’s solicitors with the view to settling the appeal against a Deemed Refusal.

King and Company

Appeal No 264 of 2007 Silverpeach Pty Ltd 21-27 Col Cummings Drive – Submitter Appeal just lodged

King & Company

Appeal No 265 of 2007 Silverpeach Pty Ltd 21-27 Col Cummings Drive – Submitter Appeal just lodged

King & Company

153


Appeal No 266 of 2007 Silverpeach Pty Ltd 21-27 Col Cummings Drive – Submitter Appeal just

lodged King & Company

Appeal No 267 of 2007 Andrew Robert Poynter 21-27 Col Cummings Drive – Submitter Appeal just lodged

King & Company

Appeal No 268 of 2007 Andrew Robert Poynter 21-27 Col Cummings Drive – Submitter Appeal just lodged

King & Company

154



11 OCTOBER 2007

12

CITY DEVELOPMENT – SEPTEMBER 2007 MONTHLY REPORT

Peter Tabulo : SDS : 1/3/83 #1210609 v145

RECOMMENDATION: That the report on City Development for the month o f September 2007 be received and noted. P Tabulo General Manager City Development

155


ACTIVITY: Management & Support

Mission To provide management and support for the City Development Division.

Output Title: Output Description: 1. Performance review of managers work Review of work performed by each branch and the

effectiveness of each branch manager; Provision of guidance and support to improve outputs;

Includes the review of Divisional performance in the following areas:

• Budget management;

• Operating initiative management;

• Capital works management;

• Workplace Health and Safety performance;

• Customer management.

2. Coaching and support of staff across the Division

Provision of effective support to enable all Divisional staff to meet the performance expectation of their customers.

3. Policies and Administrative Instructions relevant to Divisional operations

General Policies are Council approved statements provided for the benefit of the public; they advise Council’s position with regard to specific matters. Administrative Instructions are approved by the Executive Management Team (EMT) and provide direction for staff in carrying out specific functions.

4. Business Excellence Systems Views, Self Assessment Reports and Continuous Improvement support for the Division

Business Excellence is the title of Council's adopted Organisational Effectiveness framework and program. The outputs listed to the left are the key outputs from the program. General Manager promotion and support of the program within their Division is critical to its success.

5. Agenda coordination for Council's Planning and Environment Committee.

Coordination of reports to be provided to Planning and Environment Committee.

6. Council Minutes and resolution notifications Completion of minutes and issuing of notices to staff regarding resolutions requiring action for P&E Committee.

Officer Responsible: General Manager City Development

On Target Operating Initiative Status Relevant

Linkage(s) Due Date Complete

Yes (enter ��)

No * (enter X)

1. Complete the NeDA Project. Corporate Plan 1.1.3, 9.2.3

Dec 2007

80%

��

* Variance Report for Initiatives not on target: * Prospective Actions for Initiatives not on target :

156


* Includes information from Community & Cultural Development & Cairns Libraries, Monthly Reports

Performance Indicators (Ratings: �� = Satisfactory, ? = Marginal, X = Unsatisfactory)

Divisional Budget Performance Performance Rating:

Variance Report Year start variation, will even out over the year.

Divisional Operating Budget Performance

-50%-40%-30%-20%-10%

0%10%20%30%40%50%

% u

nder

or

over

bud

get

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%

Prospective Actions

Divisional Capital

Expenditure to September 2007

Expenditure % of Budget

2007-08 Budget

(original) Actual Actual plus Committals

Actual Actual plus committals

City Development 12,554,902 879,880 2,455,697 7 20 TOTAL Council 157,377,896 11,291,118 44,289,766 7 28

Performance Measures Performance Rating:

Variance Report

No. of Divisional Operating Initiatives Completed

-137

11151923273135

1st Qtr 2nd Qtr 3rd Qtr 4th Qtr

Initiatives plannedto be completed

Actual InitiativesCompleted

Target 95%

Prospective Actions

Divisional Safety Performance

Days Lost Due to Lost Time Injury 1/1/06

to 30/6/06

1/7/07 to 30/6/07

July 07

Aug 07

Sept 07

Oct 07

Nov 07

Dec 07

Jan 08

Feb 08

Mar 08

April 08

May 08

June 08

City Development

79.55 92.41 0.13 3.13 0.13

Council

387.74 765.9 60.72 65.64 69.15

157


RRS Divisional Performance

Category Open at Start of

Month New this Month Open at End of

Month Animal Management 50 584 37 Building Maintenance 3 2 2 Building Services 7 17 11 Environmental Nuisance 9 44 16 Environmental Pollution 9 14 5 Health 12 44 8 Local Laws 37 196 27 Mosquito 7 20 10 Parking 9 51 16 Planning & Local Laws 9 10 5 Trees 1 4 1 TOTAL 153 986 138 Operating Divisional Budget Assessment: City Develo pment

YTD Actual ($)

YTD Budget Revised

($)

Var ($) Var (%) Variance Report & Prospective Actions

(where variance is +/- 2%)

Revenue 4,570,188

4,899,241

(329,053)

(7)

UNFAVOURABLE • Reasons: Waiting on Grants. • Implications / Actions :

Expenditure 6,039,358

5,867,607

(171,751)

(3)

UNFAVOURABLE • Reasons : Overtime budget to be

reviewed at first quarter • Implications / Actions :

Operating Budget Assessment: General Manager City D evelopment

YTD Actual ($)

YTD Budget Revised

($)



Revenue 906,155

958,672

(52,517)

(5)

UNFAVOURABLE • Reasons: Waiting on final NeDA

payment • Implications / Actions :

Expenditure 725,104

531,080

(194,024)

(37)

UNFAVOURABLE • Reasons: NeDA committals are

included in this and will be balanced through final payments.

• Implications / Actions : Nil

158


BRANCH C ITY ASSESSMENT

ACTIVITY: City Assessment Mission To assess development applications in a timely manner in accordance with the legislation,

professional ethics and best practice in order to achieve long term sustainable development.

Output Title: Output Description: 1. Branch Management

2. Development Application Assessment The assessment of development applications under the Integrated Planning Act, including:

* Material Change of Use

* Lot Reconfiguration

* Operational Works

* Building Works

* All other associated Approvals

3. Survey Plan Endorsement Processes of the survey plans

Officer Responsible: Manager City Assessment



(enter %) Yes

(enter ��) No *

(enter X)

1. Implement NeDA outcomes Corporate Plan 1.1.2

Dec 2007

40%

��

2. Audit all DA permits issues between March 2001 & March 2002

Corporate Plan 1.1.2

Jun 2008

0%

��

* Variance Report for Initiatives not on target: * Prospective Actions for Initiatives not on target :

159



Performance Rating:

��

Variance Report Following a late rush of new applications at the end of August, the number of applications in September has continued to readjust back to the average levels of lodgement experienced in 2006/07. A number of larger development applications were also lodged toward the end of September.

Planning Applications Received per Month by Year(Material Change of Use, Reconfiguring a Lot & Comb ined)

47 47

40

48

55 57

43

81

53

43

5053

4044 45

0

10

20

30

40

50

60

70

80

90

July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

Month

Num

ber

of A

pplic

atio

ns

06 / 07. 07 / 08.

Prospective Actions None

YTD Progressive Totals

FY 06/07 FY 07/08

July 47 40 August 94 84 September 134 129 October 182 November 238 December 295 January 338 February 419 March 472 April 515 May 565 June 618

160


Performance Rating:

��

Variance Report The 83% result is consistent with the previous month’s results. Council to note that 90% of delegated reports were issued within the 20 Days of Decision period Commencing in September. Applications that are referred to Committee rarely (if ever) meet the 20 day deadline.

Result Measure IPA Timeframe - Decision with 20 Days of Decision Period Commencing Result Target 90% of applications are decided within IPA Timeframes Reporting Frequency Monthly Performance Assessment 83% of applications were decided within 20 days in the month of September.

Prospective Actions Continue to monitor work flow to ensure older files are not placed on hold.

Performance Rating: N/a

Variance Report A steady supply of vacant house lots continues. The number of new units increased significantly in September following on from a dramatic drop in August.

Building Format Plans (BFPs) and Standard Format Pl ans (SFPs) Signed per Month

182

152

8

218

132

10

35

314 101990

50

100

150

200

250


Month

No. Units created No Lots createdBFPs SFPsAv units 06/07 Av lots 06/07

Prospective Actions N/a

161


Performance Rating:

��

Variance Report N/a

Result Measure IPA Timeframe – Survey Plan endorsement within 20 days of receipt of plan in accordance with Section 3.7.5 Result Target 90% of plans are endorsed within IPA timeframes Reporting Frequency Monthly Performance Assessment 100% of applications were decided within 20 days in the month of September.

Prospective Actions N/a

YTD Progressive Totals

Jul Aug Sep Oct Nov Dec Jan Feb Mar April May Jun

Lots Created 06/07

19

219

321

646

899

1001

1014

1184

1311 1375

1746

1894

Lots Created 07/08

35

217

369

Units Created 06/07

15

186

204

334

566

710

720

832

877 887

939

1027

Units Created 07/08

132

142

360

Delegated Authority

Date Decision Notice

Applicant Location Div Development Council’s Decision

Time

3/09/2007 C J Wilson

8 Keeble St STRATFORD & 8-12 Passchendaele St STRATFORD

10 Lot Reconfiguration (2 into 5 Lots)

4 days

5/09/2007 P Koripas (Tte) 48 Alfred St MANUNDA

5 Multi Unit Housing 39 days

6/09/2007 D Nicholls 6 Branham Cl GORDONVALE

1 Lot Reconfiguration (1 into 2 lots)

20 days

6/09/2007 Mictay Pty Ltd (Tte)

20 Terminalia St REDLYNCH

12 Lot Reconfiguration (1 into 2 lots)

13 days

7/09/2007 M J Lang & M S Lang

Bramston Beach Rd BRAMSTON BEACH

1 Change Conditions Lot Reconfiguration

10 days

7/09/2007 J A Hope 8 Ragamuffin Qy TRINITY PARK

11 Tidal Works (Pontoon)

20 days

162


7/09/2007 Craig Burrows Custom Built Homes

42 Thrush Tce CLIFTON BEACH 11

House (Hillslopes) 22 days

7/09/2007 Better Homes Qld

9 Barringtonia Cl REDLYNCH

12 House (Hillslopes)

17 days

10/09/2007 B Obersky & M G Obersky

10-14 Bell La GORDONVALE

1 Lot reconfiguration (1 into 4 lots)

13 days

14/09/2007 Redlynch Estate Pty Ltd

Redlynch Intake Rd REDLYNCH & Jenkins Acc REDLYNCH

12 Boundary Realignment

(3 lots into 3) 20 days

14/09/2007 D J Pople 294 Gavin Hamilton Cl REDLYNCH


10 days

17/09/2007 A J Deakins 182 Windlass St GOLDSBOROUGH

1 Extension to House (Hillslopes)

12 days

18/09/2007 M D Griffith 80 Tucker St MACHANS BEACH

10 Dual Occupancy 3 days

18/09/2007 Kenfrost Pty Ltd 22 Vetiver St TRINITY PARK

11 Dual Occupancy 10 days

20/09/2007 D S Pratt & L J Pratt

23 Propeller Ct TRINITY BEACH


9 days

21/09/2007 E A Gee-Kot 30 George St EARLVILLE

4 Extension to House (Character)

3 days

21/09/2007 M A Happy 207 O'Shea Esp MACHANS BEACH


14 days

21/09/2007 K L House 9-11 Stack Cl REDLYNCH


4 days

24/09/2007 RSL Aust Cairns Sub Branch

257-281 Lyons St WESTCOURT 5

Change Conditions Retirement Village

Extensions 9 days

24/09/2007 All Construction Approvals

362-364 Pease St EDGE HILL


15 days

24/09/2007 B Bettini 4 Lake Morris Rd KANIMBLA


25 days

25/09/2007 Harper Constructions

65-85 Munro St BABINDA 1

Extension to State Heritage Listed

Building 3 days


45 Wiltshire Dr GORDONVALE

1 Retaining Wall (Hillslopes)

5 days


7 Victoria St PARRAMATTA PARK


18 days

25/09/2007 A Ashcroft 32 View St BRINSMEAD


15 days

25/09/2007 Circa 2000 19 Colonel Cummings Dr PALM COVE


2 days

26/09/2007 David McCoy Homes

5 Gadaloff Cl GORDONVALE


9 days

26/09/2007 Tabhand Pty Ltd 4 Bramp Cl PORTSMITH

5 Warehouse 9 days

26/09/2007 J O'Brien 235-245 Mulgrave Rd BUNGALOW

5 Extension to Industry Class A

11 days

26/09/2007 Netcon Pty Ltd 62 Hutchinson St WHITFIELD


3 days

Count: 31 NB – Does not Include Negotiated Decisions

163


Operating Budget Assessment:

YTD Actual ($)

YTD Budget Revised

($)



Revenue 754,387 596,553 157,834 26 • FAVOURABLE • Reasons: A number of larger

scale development applications were submitted.


Expenditure 525,550 586,611 61,061 10 FAVOURABLE • Reasons: • Implications / Actions : Nil

164


BRANCH PLANNING STRATEGIES

ACTIVITY: Strategic Land Use Planning

Mission To guide the growth and development of Cairns as a liveable, sustainable, tropical city through new and improving planning strategies and policies.

Output Title: Output Description: 1. Branch Management

2. CairnsPlan The primary land use planning document for Cairns City, maintained for usability and to address specific planning issues.

3. Planning Scheme Policies Supporting the primary land use planning document for Cairns City, maintained for usability and to address specific planning issues.

4. Cities for Climate Protection – Accreditation Cities for Climate Protection (CCP) is an international program under which council plays a leadership role locally in reducing greenhouse gas emissions and energy waste (Council is currently progressing towards accreditation).

5. State of Environment Report The annual State of Environment Report (SOE) for the Cairns City council local government area.

Officer Responsible: Manager Planning Strategies

On Target Operating Initiative Status Relevant Linkage(s)

Due Date Complete (enter %)

Yes (enter ��)

No * (enter X)

1. CairnsPlan - complete review

Corporate Plan 1.1.6, 1.4.1, 4.2.2.

June 2008

60% ��

2. Southern Corridor Master Plan - Progress the Southern Corridor Structure Plan / Master Plan

Corporate Plan 1.1.5, 1.4.1, 2.2.1, 7.6.1

June 2008 5% ��

3. Heritage Planning – Review of Heritage Studies

Corporate Plan 1.4.1, 8.4.2

June 2008 5% ��

4. Cities for Climate Protection – Achieve Milestone 3 / Commence Milestone 4


June 2008 5% ��

5. State of Environment Report – Deliver the annual SOE Report


Sept 2007 100% ��

* Variance Report for Initiatives not on target: Planning for the Southern Corridor, including Edmonton Town Centre continues to move along. The most recent milestone for the Southern Corridor was the vision day in September. The next milestones will be the signing of the MOU and completion of the TOR and finalisation of the vision. The project is on track at this stage. The tenders have been called for the Heritage Study with the consultant expected to be appointed by November. Work Cities for Climate Protection program has slowed while the Council’s SOE was completed and the Carbon Emission Reduction Policy prepared and adopted. Both these documents provide good foundation for the CCP program, which will be wound up again over the next few months. * Prospective Actions for Initiatives not on target :

n/a

165


Operating Budget Assessment:

YTD Actual ($)

YTD Budget Revised

($)



Revenue 0 0 0 0 FAVOURABLE • Reasons: - • Implications / Actions :

Expenditure 166,024 170,086 4,062 2 FAVOURABLE • Reasons: - • Implications / Actions :

166


BRANCH ENVIRONMENTAL ASSESSMENT

ACTIVITY: Environmental Assessment – General Administration Mission To provide support and administration to the Manager Environmental Assessment and

the Branch Output Title: Output Description: 1. Environmental Assessment Monthly Report Report that shows the performance of the Environmental

Assessment Branch

2. Handouts and Information Sheet support Support with the production of handouts and information sheets to inform clients more regularly of issues relating to services.

Officer Responsible: Manager – Environmental Health



(enter %) Yes

(enter ��) No *

(enter X)

1. Implement a system of regular information sessions run by relevant experts to explain changes to legislation as they arise

Self Assessment 2.1 Corporate Plan 6.3.1, 6.3.2

30 Jun 2008 5% ��

* Variance Report for Initiatives not on target: Nil * Prospective Actions for Initiatives not on target : Nil

Performance Indicators (Ratings: �� = Satisfactory, ? = Marginal, X = Unsatisfactory) Operating Budget Assessment: Responsibility = 2700 (Environmental Assessment)

YTD Actual ($)

YTD Budget Revised

($)



Revenue 1,974,058 1,861,231 112,827 6 • FAVOURABLE • Reasons: Increase in fees and

charges for renewals exceeded expectations.


Expenditure 1,626,814 1,702,652 75,838 4 • FAVOURABLE • Reasons: Staff Vacancies and

reduction in chemical usage. • Implications / Actions : N/A

167


Operating Budget Assessment: Function = 2520 (Environmental Assessment – General Administration)

YTD Actual ($)

YTD Budget Revised

($)



Revenue 0 0 0 n/m • FAVOURABLE • Reasons: No revenue for this

function • Implications / Actions : N/A

Expenditure 158,331 149,800 (8,531) (6) • UNFAVOURABLE • Reasons: Budget to be reviewed • Implications / Actions : Nil

168


ACTIVITY: Building Services

Mission To provide building regulatory services to meet State and Local legislative requirements

Output Title: Output Description: 1. Building Approvals Applications processed for dwellings and commercial

properties, and other building applications processed

2. Building Requests and Searches On Approvals and Requests for Building Plans & Certificates

3. Building Services Complaint Management Complaints received & responded to

Officer Responsible: Team Leader Building Services



(enter %) Yes

(enter ��) No *

(enter X)

1. Implement a system of communication to Building Public on our legislative requirements and changes in future.

Self Assessment 3.1 Corporate Plan 10.4.1

30 Jun 2008 5% ��

* Variance Report for Initiatives not on target: * Prospective Actions for Initiatives not on target : Nil

Education Program � To Date - July (1) - Presentation to Building Certifiers

� Performance Indicators (Ratings: �� = Satisfactory, ? = Marginal, X = Unsatisfactory) Performance Rating:

��

Variance Report Reflects fluctuating real estate market.

Building Document Requests & Searches

5029 26

66

6549

0

20

40

60

80

100

120

140

160

Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

Total Requests Total Searches Total Requests & Searches 2006/07

Prospective Actions Nil

169


Performance Rating:

��

Variance Report N/A

Building Complaints - (Residents Response System)

0

20

40

60

80

100

120

140

160

180

200


Complaints Resolved 2007/08 2006/2007


Operating Budget Assessment: Function = 2500 (Building Services)

YTD Actual ($)

YTD Budget Revised

($)



Revenue 237,446 149,571 87,875 59 • FAVOURABLE • Reasons: Reflects increase in

building activity • Implications / Actions : Nil

Expenditure 155,760 174,273 18,513 11 • FAVOURABLE • Reasons: Return of wage

expenses for trainee. • Implications / Actions : N/A

Operating Budget Assessment: Function = 2506 (Building Certification)

YTD Actual ($)

YTD Budget Revised

($)



Revenue 38,729 49,998 (11,269) (23) • UNFAVOURABLE • Reasons: Subject to building

activity, will vary from month to month.

• Implications / Actions : N/A

Expenditure 46,583 48,234 1,651 3 • FAVOURABLE • Reasons: Minor variation in

employee costs • Implications / Actions : N/A

170


Decision Notice 13-Month Summary to September 200 7

Estimated Building Costs

$0

$20,000,000

$40,000,000

$60,000,000

$80,000,000

$100,000,000

$120,000,000

Sep

-200

6

Oct

-200

6

Nov

-200

6

Dec

-200

6

Jan-

2007

Feb

-200

7

Mar

-200

7

Apr

-200

7

May

-200

7

Jun-

2007

Jul-2

007

Aug

-200

7

Sep

-200

7

$ CCC Certification - $ Private Certification

$ Private Certif ication

$ CCC Certif ication

No of Applications

0

50

100

150

200

250

300

350

400

450

500

Sep

-200

6

Oct

-200

6

Nov

-200

6

Dec

-200

6

Jan-

2007

Feb

-200

7

Mar

-200

7

Apr

-200

7

May

-200

7

Jun-

2007

Jul-2

007

Aug

-200

7

Sep

-200

7

# CCC Certification - # Private Certification

# Private Certif ication

# CCC Certif ication

171


Decision Notice BY DIVISION FY 07/08 to end of Sept ember 2007

Estimated Building Cost - by Division

$0

$10,000,000

$20,000,000

$30,000,000

$40,000,000

$50,000,000

$60,000,000

$70,000,000

Div

isio

n 00

Div

isio

n 01

Div

isio

n 02

Div

isio

n 03

Div

isio

n 04

Div

isio

n 05

Div

isio

n 06

Div

isio

n 07

Div

isio

n 08

Div

isio

n 09

Div

isio

n 10

Div

isio

n 11

Div

isio

n 12

$ CCC Certification - $ Private Certification

$ Private Certif ication

$ CCC Certif ication

No of Applications - by Division

0

50

100

150

200

250

Div

isio

n 00

Div

isio

n 01

Div

isio

n 02

Div

isio

n 03

Div

isio

n 04

Div

isio

n 05

Div

isio

n 06

Div

isio

n 07

Div

isio

n 08

Div

isio

n 09

Div

isio

n 10

Div

isio

n 11

Div

isio

n 12

# CCC Certification - # Private Certification

# Private Certif ication

# CCC Certif ication

172


Building Applications Approved – FY 07/08 -To end o f September 2007

FY 07/08

FY 06/07

Prev Mths

Sep YTD Prev Mths

Sep YTD

Class 1 Single Dwelling 368 176 544 191 116 307 Dwelling two or more Storeys 16 6 22 13 10 23 Additions/Alterations 71 40 111 95 45 140 Patio/Verandah 55 28 83 39 33 72

SubTotal 510 250 760 338 204 542

Class 2 - 9

Boarding House two or more Storeys

1 1

Caretakers residents 1 1 Car Park 1 1 Education Building 1 1 2 1 5 6

Entertainment and recreation building

5 2 7

Factory / Workshop 4 2 6 2 1 3 Flats / Units four or more Storeys 2 1 3 2 1 3 Flats / Units one or two storeys 5 5 1 1 2 Flats / Units three storeys 2 1 3 1 1 Healthcare Building 1 1 Hotel/Motel 2 2 Office 2 2 4 1 2 3 Shed 124 65 189 115 58 173 Shop 5 5 3 1 4 Shop Fit-out 13 10 23 14 8 22 Transportable/Relocatable Dwelling 1 1 Warehouse / Public Carpark 7 2 9 5 1 6

SubTotal 172 89 261 145 80 225

Class 10

Garage / Carport 46 30 76 40 22 62

Retaining Wall / Fence 29 9 38 12 4 16 Swimming Pool 133 65 198 116 56 172

SubTotal 208 104 312 168 82 250

Sundry Advertising Sign 1 1 1 1 Demolish Building 13 5 18 13 7 20 Renewal of permit 3 3

SubTotal 14 5 19 17 7 24 Total 904 448 1352 668 373 1041

173


ACTIVITY: Environmental Protection Unit

Mission To ensure the natural environment is protected within the statutory boundaries delegated

to the EPU Output Title: Output Description: 1. Licences & Approvals Development Approvals for applications involving

Environmentally Relevant Activities (ERAs as defined by the Environmental Protection Act (EPA) including Flammable and Combustible Licences

2. Compliance Inspections • Inspections to find unlicensed Flammable & Combustible premises

• Inspections of building sites for drainage, erosion, and sediment controls

• Inspections of Extractive Industries

3. Complaints Management Inspections carried out under EPA 1994 & EPP’s

4. Compliance Auditing ERA Audit

5. EPA Reports Reports to EPA for statistical info ration and data collection

6. Education Programs Workshops and guidelines for industry to improve compliance with EPP (Water)

Officer Responsible: Team Leader Environmental Protection

On Target Operating Initiative Status Relevant Linkage(s)

Due Date Complete (enter %)

Yes (enter ��)

No * (enter X)

1. Develop a strategy to deliver workshops to industry – specifically the building industry to meet with EPP (Water) Compliance.


30 Jun 2008 5% ��

2. Develop a system for providing informative accurate information to industry, promoting on-site contact and personal meetings.


30 Jun 2008 5% ��


174


Performance Indicators (Ratings: �� = Satisfactory, ? = Marginal, X = Unsatisfactory) Education Program: EPA Reports:

Performance Rating: ��

Variance Report N/A

New Licences & Development Approvals (ERA’s & Flamm able and Combustible)

8

4 30

5

10

15

20

25


Licences & Development Approvals 07/08

Licences & Development Approvals 06/07


Performance Rating:

��

Variance Report N/A

Inspections –ERA’s & Flammable & Combustible

20

117

2

21

0

5

10

15

20

25

30

35

40

45

50


ERA's 07/08 Flammable & Combustible 07/08 ERA's 06/07


175


Performance Rating:

��

Variance Report N/A

Inspections – EPP Water

6 20 15075

150225300375450525600675750825900975

1050


Inspections EPP (Water) 07/08 Inspections EPP (Water) 06/07


Performance Rating:

��

Variance Report N/A

Inspections – Extractive Industries

3

10

7

0

2

4

6

8

10

12

14

16

18

20


Inspections Extractive Industries 07/08 Inspections Extractive Industries 06/07


Performance Rating:

��

Variance Report N/A

EPU Complaints

0

20

40

60

80

100

120

140

160

180

200


Complaints Resolved 2007/08 Complaints Previous Year (06/07)


176


Performance Rating:

��

Variance Report N/A

Planning Advice

2

3

00

2

4

6

8

10


City Assessment Planning Referrals and Advice 07/08

City Assessment Planning Referrals and Advice 06/07


Operating Budget Assessment: Function = 2525 (Environmental Protection Unit)

YTD Actual ($)

YTD Budget Revised

($)



Revenue 48,711 54,117 (5,406) (10) • UNFAVOURABLE • Reasons: Decrease in Penalty

Infringement Notices written. • Implications / Actions : N/A

Expenditure 68,489 69,553 1,063 2 • FAVOURABLE • Reasons: N/A • Implications / Actions : Nil

177


ACTIVITY: Public Health Unit

Mission To provide regulatory and educative services for Council’s public health responsibilities

under State legislation and Council’s Local Laws. Output Title: Output Description: 1. Licences & Approvals under relevant

legislation Licenses and Approvals under

• Food Act 2006

• Local Law No. 6 (Rental Accommodation) and Local Law No. 20 (Caravan Parks and Camping)

• Higher Risk Personal Appearance Services

2. Non-compliance Notices Notices issued to premises for non-compliance with legislation

3. Inspections - routine Inspections of premises as per inspection program

4. Inspections – Sales Searches / Pre-opening

Inspections of premises on request either pre-purchase or pre-opening

5. Complaints management Inspections and visits in response to complainants

6. Education program Workshops for industry to explain legislative responsibility and for general public/schools

Officer Responsible: Principal Environmental Health Officer


Performance Rating:

��

Variance Report On par with those issued compared with this time last year.

Licences / Registrations / Approvals

0100200300400500600700800900

100011001200130014001500


Certificates Issued 2007/08 2006/07 Target 100% of Total Premises


178


Performance Rating:

��

Variance Report On target.

Routine Inspections

0

150

300

450

600

750

900

1050

1200


Month

Num

ber

of In

spec

tions

Inspections 2007/2008Cairns Show InspectionsInspections 2006/2007Target- Premises to be inspected as per Inspection ProgramCumulative Number of Inspections 2007/08


Performance Rating:

��

Variance Report N/A

Public Health Unit Complaints

0

20

40

60


Complaints resolved 2007/08 2006/07


179


Performance Rating:

��

Variance Report N/A

Sales Searches - Business/Premise

0

2

4

6

8

10


Sales Searches Completed 2007/08 2006/2007


Additional Activities by the Public Health Unit

Courses/Training/Meetings • Business Writing Basics Training Course • Routine Team meeting • Tool box Talk • Meeting with promoter of Silverchair / Powderfinger Concert planned for October • Meeting with promoter of Illumination Public Entertainment event planned for

October Other Activities Carried out by Environmental Healt h Officers � Inspection of food vans at Cairns Amateurs � Inspection of food vans at Carnival on Collins event � Inspection of food van Cairns Cancer Crusade � Inspection of food vans Tropical Wave Festival � Processing of Event Licence Pride Day Prospective Actions Nil

Operating Budget Assessment: Function = 2552 (Health Licences)

YTD Actual ($)

YTD Budget Revised

($)



Revenue 171,017 167,748 3,269 2 • FAVOURABLE • Reasons: N/A • Implications / Actions : Nil

Expenditure 166,437 200,730 34,294 17 • FAVOURABLE • Reasons: Vacancies • Implications / Actions : Fill

vacancies

180


ACTIVITY: Vector Control

Mission To reduce the number of mosquitoes and midges in the Cairns City area through education,

planning and environmentally responsible control measures to protect the community. Output Title: Output Description: 1. Mosquito and midge spraying program Systematic/Planned Spraying Program to control mosquitoes

and midges

2. Fish Breeding Program Planned program of breeding appropriate fish for release into the environment to biologically control mosquitoes

3. Education Program Education program to inform general public on the issues with mosquito borne disease, including schools

Officer Responsible: Senior Environmental Health Officer



(enter %) Yes

(enter ��) No *

(enter X)

1. Implement a system to improve community understanding about mosquito borne disease, food safety and personal hygiene by providing Environmental Health information to relevant agencies.


30 Jun 2008 5% ��

2. Support the State Government to lower the risk profile of tropical disease outbreaks, including dengue fever: • Develop and implement an ongoing

risk assessment approach covering all tropical disease threats, identifying areas for priority action,

• Increase efforts to improve public awareness of disease threats and public action to minimise risks of disease outbreaks,

• Develop and put in place contingency plans to deal with disease outbreaks for those tropical diseases identified as posing the greatest threat to the community; and

• consider in development application assessments Health Department guidelines for avoiding development in proximity to biting insect population.


30 Jun 2008 5% ��


181



Performance Rating:

��

Variance Report N/A

Council's Spraying Program Chemical Usage (Liquid) Mixed Volume

0

20

40

60

80

100

120

140

160


Month

Litr

es

Reslin 2007/08 Pyrocide 2007/08Reslin 06/07 Pyrocide 06/07


Performance Rating:

�

Variance Report N/A

Mosquito and Midge

Vector Complaints - Residents Response System

0

20

40


2007/2008 Mosquito Complaints 2007/2008 Midge Complaints

2006/2007 Mosquito Complaints 2006/2007 Midge Complaints


182


Performance Rating:

��

Variance Report Breeding on hold

Fish Breeding Program

500 500 5000 0150 150 1500

0

2000

4000

6000

8000

10000

12000

14000

16000


Old Fish Stocks New Stock - Eastern Rainbow New Stock - Gudgeon

Prospective Actions Breeding to commence in September 2007.

Additional Activities by the Vector Control Unit

Mosquito Control � Vector trucks carried out fogging in the North/City and Southern areas.

Mosquito Monitoring � Mosquito light trapping has continued this month in numerous new sites.

Predatory Fish Breeding Program (Eastern Rainbow)

� The Fish Breeding has commenced for this season. � Gudgeon stocks are being monitored and data is being collected on their day-to-day behaviour.

Dengue Fever

� No Dengue cases reported in Cairns.

Operating Budget Assessment: Function = 2570 (Vector Control)

YTD Actual ($)

YTD Budget Revised

($)



Revenue 0 0 0 n/m FAVOURABLE • Reasons: No revenue for this

function • Implications / Actions : N/A

Expenditure 116,579 125,150 8,572 7 FAVOURABLE • Reasons: Reduction in chemical

usage • Implications / Actions : Nil

183


ACTIVITY: Local Laws Compliance

Mission To implement and enforce Council’s Local Laws, Planning Scheme and relevant legislation.

Output Title: Output Description: 1. Approvals/Permits Approvals/permits issued for:

� Outdoor Dining � Portable Advertising � Roadside Vending

2. Inspections Inspections carried out under Local Law #22 (Activities on Roads)

Inspections carried out under Local Law #28 (Control of Advertising),

3. Animal Registrations Animal Registrations – Dogs and Cats

4. Impoundments Impoundments of Dogs and Cats

5. Complaint Resolution Resolving breaches of local laws and CairnsPlan

6. Education Programs to educate community including schools relating to all local laws legislative responsibilities

Officer Responsible: Coordinator Local Laws Compliance Unit

Education Program: PetPEP Program – 6 Schools - Au gust - Cairns Adventist School 17 students - Yorkeys Knob State School 60 students - Whitfield State School 24 students - St Theresa’s School 24 students - St Josephs School 150 students - Bellenden Ker 19 students Education Program: PetPEP Program – 4 Schools – Se ptember - Trinity Beach State School 146 Students - Hambledon Street School 130 Students - Bartle Frere State School 12 Students - St Rita’s School 59 Students

184


� Performance Indicators (Ratings: �� = Satisfactory, ? = Marginal, X = Unsatisfactory) Performance Rating:

��

Variance Report N/A

Local Laws Approvals and Permits

2510

2

3

804

0

20

40

60

80

100

120

140

160

180

200

220

240


Outdoor Dining Portable Advertising

Roadside Vending Total Approvals 2006/07


Performance Rating:

��

Variance Report N/A

Local Laws Inspections

258326

60

148 139 148

287

314

1

101

201

301

401

501

601


Local Law # 22 & Illegal Camping Local Law # 28

Other Total Inspections 2006/07


185


Performance Rating:

��

Variance Report N/A

Local Laws Complaints Management Residents Response System

0

100

200

300


2007/2008 Local Laws Complaints Resolved 2006/2007


Performance Rating:

��

Variance Report N/A

Animal Management Complaint Management

686 704 699

532

457491 504

533

698

557624 627

0

100

200

300

400

500

600

700

800

900

1000


2007/08 Animal Management Complaints Resolved

2006/07 Complaints Resolved


186


Performance Rating:

��

Variance Report N/A

Animal Registrations

10844

15017 15756

7

712

0

2000

4000

6000

8000

10000

12000

14000

16000

18000

20000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May JunC umulat ive D o g R egist ra t io ns C umula t ive C at R egis t rat io ns

T o tal R egist ra t io ns 2006/ 2007


187


Performance Rating:

��

Impounding of Dogs & Cats - September

Suburb CATS YTD Cats

DOGS YTD Dogs

AEROGLEN 0 0 0 1

ALOOMBA 0 0 0 1

BABINDA 0 1 0 2

BAYVIEW HEIGHTS 0 4 4 6

BENTLEY PARK 0 1 8 29

BRAMSTON BEACH 0 0 0 0

BRINSMEAD 1 2 3 8

BUNGALOW 0 1 3 6

CAIRNS CITY 2 3 3 5

CAIRNS NORTH 0 0 2 3

CARAVONICA 0 0 6 12

CLIFTON BEACH 0 0 1 2

EARLVILLE 0 0 3 9

EAST TRINITY 0 0 0 8

EDGE HILL 1 1 6 12

EDMONTON 2 5 1 20

FISHERY FALLS 0 0 0 1

FRESHWATER 0 0 0 1

GORDONVALE 0 8 6 13

GOLDSBOROUGH 0 0 0 0

GREEN HILL 0 0 0 0

HOLLOWAYS BEACH 1 1 4 14

KAMERUNGA 0 2 1 4

KANIMBLA 1 1 0 2

KEWARRA BEACH 0 0 2 6

LITTLE MULGRAVE 0 0 0 1

MACHANS BEACH 0 0 2 4

MANOORA 1 3 0 10

MANUNDA 0 5 3 8

MIRIWINNI 0 0 0 0

MOOROOBOOL 2 5 4 20

MOUNT SHERIDAN 2 3 4 12

Variance Report N/A

188


PALM COVE 0 0 1 1

PACKERS CAMP 0 0 1 1

PARRAMATTA PARK 0 6 1 4

PORTSMITH 3 4 0 0

REDLYNCH 1 2 1 12

SMITHFIELD 0 0 1 6

STRATFORD 0 0 0 1

TRINITY BEACH 1 2 1 4

TRINITY PARK 0 0 3 4

WESTCOURT 5 7 2 12

WHITE ROCK 0 2 10 19

WHITFIELD 1 2 3 10

WOREE 2 3 2 11

WRIGHTS CREEK 0 0 0 0

YORKEYS KNOB 0 1 2 4

Total: 26 76 94 309


Performance Rating:

��

Variance Report N/A

Registration and Release Details

September YTD Number of Dog Registrations 739 15756 Number of Impounded Dogs 94 309 Number of Impounded Cats 26 76 Number of Animal Control Related Complaints Received & Actioned

597 2040

Number of Dogs not wearing tags 5 11 Number of Dogs wearing tags 16 53 Number of Dogs/Cats returned to their owner 58 195 Number of Dogs Euthanased / Surrendered 4 15 Number of Cats Euthanased / Surrendered 9 32 Number of Dogs / Cats Surrendered to a refuge 19 73 Number of Dogs still in the pound 17 36 Number of Cats still in the pound 8 14 Number of Dogs seized under Destruction/Exclusion Orders

3 3

Number of Dangerous Dog Orders Issued 0 2 Number of Infringements Issued 10 12 Number of Restricted Dog Applications 0 0 Number of Restricted Dog Permits Issued 0 0


189


Operating Budget Assessment: Function = 2585 (Local Law Enforcement)

YTD Actual ($)

YTD Budget Revised

($)



Revenue 323,463 332,773 (9,310) (3) UNFAVOURABLE • Reasons: Reduction in licence

applications received at this time • Implications / Actions : Nil

Expenditure 335,697 390,462 54,765 14 FAVOURABLE • Reasons: Bad debts minimised. • Implications / Actions : Nil

190


ACTIVITY: Regulated Parking

Mission To implement and enforce Council’s regulated on and off street parking.

Output Title: Output Description: 1. On Street CBD Parking and regulation of

use Patrol, maintain and enforce on-street parking in CBD

2. Off Street CBD Parking and regulation of use

Patrol, maintain and enforce off-street parking in CBD; including

• Lake St Car Parking Station, • Esplanade Lagoon Car Park precinct, • Sheridan St / Kenny Street Car Parking Precinct.

3. Education Education of motorists through appropriate parking signage

Officer Responsible: Coordinator Local Laws


Performance Rating:

��

Variance Report N/A

On Street CBD Parking

69 71 69

0

20

40

60

80

100


Percentage of Car Parking Usage Percentage 06/07


Performance Rating:

��

Variance Report N/A

Off Street CBD ParkingLake Street Parking Station

100 100 100

0

20

40

60

80

100


Percentage of Car Park Usage Percentage 06/07


191


Performance Rating:

��

Variance Report N/A

Off Street CBD ParkingOld Library Car Park - Grafton St

8388.5

81

0

20

40

60

80

100




Performance Rating:

��

Variance Report N/A

Off Street CBD ParkingEsplanade Lagoon Car Park Precinct

64 66.5 66.5

0

20

40

60

80

100




192


Performance Rating:

��

Variance Report N/A

EnforcementNumber of Fines Issued for the Month

1000

2000

3000

4000

5000

6000


No. of Fines Issued 07/08 No. of Fines Issued 06/07


Operating Budget Assessment: Function = 2510 (Off Street Carparks)

Operating Budget Assessment: Function = 2511 (Regulated Parking Administration)

YTD Actual ($)

YTD Budget Revised

($)



Revenue 399,424 364,497 34,927 10 FAVOURABLE Reasons: Increase in Parking infringements issued. Implications / Actions : Nil

Expenditure 225,584 177,597 (47,987) (27) UNFAVOURABLE

• Reasons: Increase in lodgements with SPER


YTD Actual ($)

YTD Budget Rev. ($)


(where variance is +/- 2%) Revenue 257,786 192,525 65,261 34 FAVOURABLE

• Reasons: Increased usage of Pay & Display parking areas


Expenditure 148,449 161,225 12,776 8 FAVOURABLE • Reasons: Expenditure not incurred.

Will even out in the following months. • Implications / Actions : Nil

193


Operating Budget Assessment: Function = 2512 (Regulated Parking – Recoveries/Col lections)

YTD Actual ($)

YTD Budget Revised

($)



Revenue 497,481 550,002 (52,521) (10) UNFAVOURABLE • Reasons: Less parking officers,

less infringements issued. Less cars in the CBD – less usage of the parking meters.

• Implications / Actions :

Expenditure 166,124 164,992 (1,132) (1) FAVOURABLE • Reasons: N/A. • Implications / Actions : Nil

Operating Budget Assessment: Function = 2513 (Parking Meters Maintenance)

YTD Actual ($)

YTD Budget Revised

($)



Revenue 0 0 0 n/m FAVOURABLE • Reasons: N/A • Implications / Actions : Nil

Expenditure 38,783 40,636 1,853 5 FAVOURABLE • Reasons: Expenditure not incurred.

Will even out in the following months.


cairns city council planning & environment … · smithfield –– div. 12 allan simpson :...

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