council meeting agenda 19 november 2014

Ordinary Meeting

Irvinebank Hall Date: 19 November 2014

Time: 10:00am

AGENDA

THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT IRVINEBANK HALL, ON WEDNESDAY, 19 NOVEMBER 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda Wednesday 19 November 2014

ORDER OF BUSINESS MEMBERS IN ATTENDANCE APOLOGIES/LEAVE OF ABSENCE/ABSENCE ON COUNCIL BUSINESS BEREAVEMENTS/CONDOLENCES DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/CONFLICTS OF INTEREST CONFIRMATION OF MINUTES BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING CORPORATE AND COMMUNITY SERVICES ............................................................................... 5

REGIONAL LAND USE PLANNING................................................................................................ 5 ITEM-1 M & K House - Material Change of Use - Tourist Facility (5x1 Bedroom Eco-

Cabins) L61 on N157483 - 719 Speewah DA/14/0035 ............................................. 5

ITEM-2 Application for conversion of lease - Lot 346 on CP867073, Parish of Riflemead ... 35

ITEM-3 Application for conversion of term lease to freehold - Lot 238 on NR6537, Parish of Formartine ............................................................................................... 43

ITEM-4 Application for conversion of pastoral lease to freehold - Lot 232 on PH284, Parish of Borodino .................................................................................................. 51

ITEM-5 J Taylor - Reconfiguring a Lot - Subdivision (1 into 2 Lots) - Lot 2 on RP745173 - 4414 Black Mountain Road, Julatten - DA/14/0049 .............................................. 57

ITEM-6 Extension to relevant period - Warwick Colefax Family Trust - Reconfiguring a Lot - Subdivision (1 into 10 Lots) - Lot 10 on RP860997 - Barron Falls Road, Kuranda - REC/07/0015 ......................................................................................... 75

ITEM-7 Proposed adoption of the FNQROC Development Manual - Issue 6 (03.14) ........ 107

COMMUNITY WELLBEING ........................................................................................................ 121 ITEM-8 Community Housing Review ................................................................................. 121

FINANCE .................................................................................................................................... 127 ITEM-10 Financial Statements for the period ending 30 October 2014 ............................... 127

INFRASTRUCTURE SERVICES ................................................................................................ 135

Technical Services ...................................................................................................................... 135 ITEM-11 Wolfram Road, Dimbulah - Provision of Legal and Practical Access to Trevisin

Property (Lot 14 on HG72, Parish of Leadingham) ............................................... 135

WORKS ...................................................................................................................................... 153 ITEM-12 Infrastructure Services - Works Section Progress Report - October 2014 ............. 153

ITEM-13 Tender Evaluation TMSC2014-25 Supply, Load and Delivery of Gravel - Burke Developmental Road ............................................................................................ 161

WATER & WASTE ...................................................................................................................... 163 ITEM-14 Infrastructure Services - Waste Operations Progress Report - October 2014 ....... 163

ITEM-15 Infrastructure Services - Water and Wastewater Monthly Operations Report - October 2014 ....................................................................................................... 169

ITEM-16 Mareeba Landfill Site and Waste Receival Station - Proposed Changes to Operating Hours ................................................................................................... 181

CHIEF EXECUTIVE OFFICER ................................................................................................... 183

ITEM-17 2016 Quadrennial Election Arrangements ............................................................ 183

APPENDIX 1 - COMMITTEE MEETING MINUTES APPENDIX 2 - FOR INFORMATION


CORPORATE AND COMMUNITY SERVICES

REGIONAL LAND USE PLANNING

ITEM-1 M & K HOUSE - MATERIAL CHANGE OF USE - TOURIST FACILITY (5X1 BEDROOM ECO-CABINS) L61 ON N157483 - 719 SPEEWAH DA/14/0035

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 19 November 2014

REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS

APPLICATION PREMISES

APPLICANT M & K House ADDRESS 719 Speewah Road, Speewah

DATE LODGED 30 July 2014 RPD Lot 61 on N157483

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use - Tourist Facility (5 x 1 Bedroom Eco-Cabins)

FILE NO DA/14/0035 AREA 60.164 ha

LODGED BY M & K House OWNER M & K House

PLANNING SCHEME

Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ZONE Rural

LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS No properly made submissions received

ATTACHMENTS: 1. Proposal Plan/s

2. Referral Agency Response - Department of State Development, Infrastructure and Planning letter dated 18 September 2014


EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is impact assessable and no properly made submissions were received in response to public notification of the application. The applicants propose the erection of 5 x 1 bedroom eco-style tourist cabins situated towards the rear of the site. The proposed cabins will be set amongst existing mature rainforest vegetation and will promote the site's tranquillity and natural landscape features. The application and supporting material has been assessed against the relevant statutory planning instruments including the FNQ Regional Plan, the State Planning Policy and the Mareeba Shire Planning Scheme (including codes and policies), and does not conflict with any relevant planning instrument. Considering the size and location of the subject site, as well as the low impact nature of the proposed development, Council's planning officer has not identified any significant planning issues in this instance. It is recommended that the application be approved in full with conditions.

OFFICER'S RECOMMENDATION

"1. That in relation to the following development application:

and in accordance with the Sustainable Planning Act 2009, the applicant be notified that the application for a development permit for the development specified in (A) is:

Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), concurrence agency conditions in (E), relevant period in (F), further permits in (G), and further approvals from Council listed in (H); And The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument. (A) APPROVED DEVELOPMENT: Development Permit for Material Change of Use -

Tourist Facility (5 x 1 Bedroom Eco-Cabins)


APPLICANT M & K House ADDRESS 719 Speewah Road, Speewah

DATE LODGED 30 July 2014 RPD Lot 61 on N157483

TYPE OF APPROVAL

Development Permit


Material Change of Use - Tourist Facility (5 x 1 Bedroom Eco-Cabins)


(B) APPROVED PLANS:

(C) ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a) Development assessable against the Planning Scheme

1. Development must be carried out substantially in accordance with the approved

plans and the facts and circumstances of the use as submitted with the application, subject to any alterations:

- found necessary by Council’s delegated officer at the time of examination

of the engineering plans or during construction of the development because of particular engineering requirements; and

- to ensure compliance with the following conditions of approval.

2. Timing of Effect

2.1 The conditions of the development permit must be complied with to the satisfaction of Council’s delegated officer prior to the commencement of the use except where specified otherwise in these conditions of approval.

2.2 Prior to the commencement of use, the applicant must notify Council that

all the conditions of the development permit have been complied with, except where specified otherwise in these conditions of approval.

3. General

3.1 The development approval would not have been issued if not for the

conditions requiring the construction of infrastructure or the additional payment condition within these conditions of approval.

3.2 The applicant/developer is responsible for the cost of necessary alterations to existing public utility mains, services or installations required by works in relation to the proposed development or any works required by condition(s) of this approval.

3.3 All payments or bonds required to be made to the Council pursuant to any condition of this approval must be made prior to commencement of the use and at the rate applicable at the time of payment.

Plan/Document Number

Plan/Document Title Prepared by Dated

- Site Plan M & K House -

GT14-043-FIG1 Locality Plan, Lot Plan & Site Plan

ETS Geotechnical 17/07/14

- Cabin Locations ETS Geotechnical -

13539 Drawing No. 01 Floor Plans Balay Building Designers -

13539 Drawing No. 02 Site Plan Balay Building Designers -

13539 Drawing No. 03 Elevations Balay Building Designers -


3.4 All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.5 Waste Management On site refuse storage area/s must be provided and be screened from view from adjoining properties and road reserve by one (1) metre wide landscaped screening buffer, 1.8m high solid fence or building.

3.6 Flood Immunity All buildings must be located such that the freeboard of the floor levels of all habitable rooms is a minimum of 300mm above 100 ARI year level.

3.7 Bushfire Management The approved use must comply with the bushfire management and cabin evacuation plan, as submitted with the application, at all times.

3.8 Length of Stay The maximum length of stay in any cabin must not exceed three (3) consecutive months.

3.9 Signage (i) No more than one (1) sign shall be erected on the Speewah Road

frontage to advertise the approved use.

(ii) The sign must be kept clean, in good order and safe repair for the life of the approval.

(iii) The sign must be removed when no longer required.

4. Infrastructure Services and Standards 4.1 Stormwater Drainage/Water Quality

4.1.1 The applicant/developer must take all necessary steps to ensure a

non-worsening effect on surrounding land as a consequence of the development.

4.1.2 All stormwater drainage must be collected from site and discharged to an approved legal point of discharge.

4.2 Car Parking/Internal Driveways The applicant/developer must ensure that one (1) car parking space is provided in close proximity to each cabin and that two (2) visitor parking spaces are provided on site which are available solely for the parking of vehicles associated with the approved use.


All car parking spaces and internal driveways associated with the approved use must be constructed, at minimum, to all-weather gravel standard and appropriately drained, prior to the commencement of the use and maintained for the life of the development, to the satisfaction of Council's delegated officer.

4.3 Non-Reticulated Water Supply Each cabin must be provided with a potable water supply that can satisfy the standards for drinking water set by the Australian Drinking Water Guidelines 2004 (National Health and Medical Research Council and the National Resource Management Ministerial Council).

4.4 On-Site Sewerage Disposal On-site effluent disposal must be constructed for each cabin generally in accordance with the report prepared by ETS Geotechnical dated July 2014 in compliance with the latest version On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of Council's delegated officer.

5. Additional Payment Condition (section 650 of the Sustainable Planning Act 2009) Approximately 3.25 kilometres of Speewah Road between Stoney Creek Road and the subject land is currently constructed to gravel standard. 5.1.1 In accordance with Planning Scheme Policy No. 6 - Augmentation of the

Road Network Contribution, the following additional payment is required towards the upgrading of Speewah Road.

Infrastructure Charge Rate Current

Amount of Charge

Augmentation of the Road Network Contributions (Speewah)

1 x $4,170.00

(0.2 EDC per cabin)

$4,170.00

TOTAL CURRENT AMOUNT OF CHARGE $4,170.00

5.1.2 The additional payment here applies for material change of use. As

such the additional payment becomes payable when the change happens.

5.1.3 Until paid in full, the amount of the additional payment will be increased on 1 July each year in accordance with the increase for the PPI index for the period starting on the day the development approval takes effect, adjusted by reference to the 3-yearly PPI index average.

5.1.4 Instead of making the additional payment required under 5.1.1, the applicant may construct 135 metres of Speewah Road beginning at chainage 3,435 and extending to chainage 3,570 to a bitumen seal width of 4.5 metres, in accordance with Rural Road (Class <100 Table D1.4) of the Mareeba Shire Planning Policy No. 4 - Development Manual, to the satisfaction of Council's delegated officer.


Prior to works commencing, plans for the works described above must be approved as part of an Operational Works application. Should the applicant choose to construct these works, the works must be completed by the day the material change of use happens

(D) ASSESSMENT MANAGER’S ADVICE (a) A number of other charges or payments may be payable as conditions of

approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

(b) Compliance with applicable codes/policies The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval.

(c) Compliance with Acts and Regulations The erection and use of the building must comply with the Building Act and all other relevant Acts, Regulations and Laws, and these approval conditions.

(d) Environmental Protection and Biodiversity Conservation Act 1999 The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.environment.gov.au.

(e) Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.datsima.qld.gov.au.

(f) A section of Speewah Road is a gravel road and Council has no current plans to seal the balance of this road.

(E) CONCURRENCE AGENCY CONDITIONS Department of State Development, Infrastructure and Planning conditions dated 18 September 2014.

http://www.datsima.qld.gov.au/


(F) RELEVANT PERIOD When approval lapses if development not started (s.341)

Material Change of Use – four (4) years (starting the day the approval takes effect);

(G) OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

Development Permit for Building Work

(H) OTHER APPROVALS REQUIRED FROM COUNCIL

Compliance Permit for Plumbing and Drainage Work”

THE SITE

The subject site is situated at the very end of Speewah Road (719 Speewah Road) and is described as Lot 61 on N157483, Parish of Cairns, County of Nares. The site is regular in shape with a total area of 60.146 Ha and is zoned Rural under the Mareeba Shire Planning Scheme. Speewah Road ends at the frontage of the site and is constructed to gravel standard up to this point. The site's access road is a continuation of Speewah Road and has been bitumen sealed by the property owners (the applicants) to a point well within the allotment, and including a crossing over Speewah Creek which runs through the site in two places. Moonooba Creek also runs through the site along its southern boundary. The site is improved by 2 dwellings and a number of sheds situated towards the front of the allotment. Approximately half the site has been cleared and is used for livestock grazing while the other half of the site remains vegetated. Adjoining lots to the north and west of the site are zoned rural and remain mostly vegetated with cleared areas used for livestock grazing. The Dinden National Park adjoins the southern and eastern sides of the site which remains vegetated. The approximate location of the five proposed tourist cabins are shown in red on the below site image.


Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.



BACKGROUND AND CONTEXT NIL

PREVIOUS APPLICATIONS & APPROVALS NIL

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use for Tourist Facility (5 x 1 bedroom eco-cabins) in accordance with the plans shown in Attachment 1. The applicants propose the erection of 5 eco-style tourist cabins towards the rear of the site, set amongst existing mature rainforest vegetation. Each cabin will have an approximate gross floor area of 44m2 and will include a single bedroom, living area with kitchenette, bathroom and toilet facilities and an outdoor deck. Each unit will be connected to a potable water supply, an individual septic system, and will be provided with a single gravel sealed car parking space. It is understood the units will not be provided with telecommunications connections and will be serviced by gas and solar power supply. The proposed cabins will be accessed via an existing internal road constructed along the tree-line to the north of the large cleared area in the centre of the site. Visitor car parking will be provided in proximity to the site office which will be located in an existing building towards the front of the site. It is understood the tourist cabins will be available for occupation seven days a week and the venture will employ two persons.

REGIONAL PLAN DESIGNATION

The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site is:

Strategic Rehabilitation Area

State & Regional Conservation Corridor

Terrestrial Area of High Ecological Significance

Terrestrial Area of General Ecological Significance


PLANNING SCHEME DESIGNATIONS

Planning Scheme Definitions The proposed use is defined as:-

Tourist facility means the use of premises for providing accommodation and other services and facilities for visitors, including a caravan park and camping ground and attractions The term does not include the use of premises for “host farm” or “bed and breakfast” and “residential units”.

RELEVENT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:- (a) Far North Queensland Regional Plan 2009-2031 Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

DRO 5.5 Tourist Development Land Use Policy Complies Comments

5.5.1 Tourist development that incorporates

a permanent residential component may be undertaken only within the urban footprint.

Complies - The proposed development incorporates short term accommodation only.

5.5.2 Tourist development, including development that incorporates short-term accommodation for tourists, may be undertaken within the regional landscape and rural production area where there is an identified need in a subregion and the accommodation: (a) is of a nature and scale that is

sympathetic to the maintenance of the regional landscape and rural production values

(b) minimises the impact on good-quality agricultural land

(c) avoids areas of high ecological significance and coastal hill slopes and headlands (see sections 1.1 and 2.3).

Complies - The proposed development incorporates short term accommodation that is of a nature and scale that is sympathetic to the maintenance of the RLRPA values. The subject site is not mapped as containing good quality agricultural land. The application was referred to the Department of Natural Resources and Mines' vegetation management unit, and was approved subject to conditions which are required to be attached to any approval.

Strategic Framework designation: Kuranda District Growth Node

Zone: Rural

Overlays Natural and Cultural Heritage Features Overlay Natural Disaster Bushfire Overlay


5.5.3 Where tourist development is located within a strategic rehabilitation area, the development should result in an increase in ecological connectivity or habitat extent through rehabilitation of native vegetation cover.

N/A N/A - The proposed tourist cabins will be set amongst existing mature vegetation with individual wastewater treatment systems for each cabin to be situated within a strategic rehabilitation area. This area is still used for livestock grazing purposes and revegetation of this area is not considered necessary in this instance.

DRO 7.1 Protection of Waterways, Wetlands and Water Quality

Land Use Policy Complies Comments

7.1.1 Development is planned, designed, constructed and managed in accordance with best practice environmental management to protect environmental values and meet water quality objectives of the Environmental Protection Policy (Water) 1997 (EPP Water) for regional surface water, groundwater and wetlands.

The proposed development can be conditioned to comply. Wastewater treatment systems associated with each tourist cabin will be appropriately setback from any surface water resources. As such, the proposed development is not likely to have a detrimental impact on surface and groundwater resources.

(b) State Planning Policies

On 2 December 2013 (amended July 2014), the Department of State Development, Infrastructure and Planning introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. As such, this State Planning Policy is not reflected in the Planning Scheme and is therefore applicable to the assessment of the application. An assessment of the proposed development against the provisions contained within the SPP was undertaken and it is not considered to be in conflict with any relevant aspect of the SPP.

Queensland State Planning Policy - July 2014

State Interest Complies Assessment Requirements & Comments

Biodiversity

A development application where the land relates to a matter of state environmental significance, if the application is for:

(a) operational work, or

(b) a material change of use other than for a dwelling house, or

(c) reconfiguring a lot that results in more than six lots or lots less than five hectares.

Development:

(1) identifies any potential significant adverse environmental impacts on matters of state environmental significance, and

(2) manages the significant adverse environmental impacts on matters of state environment significance by, in order of priority:

(a) avoiding significant adverse environmental impacts, and

(b) mitigating significant adverse environmental impacts where these cannot be avoided, and

(c) where applicable, offsetting any residual adverse impacts.

Comment

The proposed development is for eco-style tourist cabins to be set amongst existing mature rainforest vegetation. The proposed cabins will be off-grid and will be serviced by individual wastewater treatment systems. It is considered the proposed development can satisfy (2) (a), (b) and (c) above.


Natural hazards

A development application for a material change of use, reconfiguring a lot or operational works on land within:

(1) a flood hazard area, or

(2) a bushfire hazard area, or

(3) a landslide hazard area, or

(4) a coastal hazard area.

For all natural hazards:

Development:

(1) avoids natural hazard areas or mitigates the risks of the natural hazard, and

(2) supports, and does not unduly burden, disaster management response or recovery capacity and capabilities, and

(3) directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties, and

(4) avoids risks to public safety and the environment from the location of hazardous materials and the release of these materials as a result of a natural hazard, and

(5) maintains or enhances natural processes and the protective function of landforms and vegetation that can mitigate risks associated with the natural hazard, and

Comment

The proposed development can be conditioned to comply with this aspect of the SPP. The applicants have provided Council with a bushfire management plan.

(c) Mareeba Shire Planning Scheme 2004 (amendment no. 01/11) Relevant Desired Environmental Outcomes

DEO Complies Comments

(a) Significant natural features such as the dense tropical rainforest adjoining the Wet Tropics area, the savannahs, the major river systems, wetlands and wildlife corridors, areas identified in the Areas of Regional significance for the Conservation of Biodiversity under the FNQ Regional Plan are protected.

Complies - The proposed eco-style tourist cabins will be set amongst existing mature vegetation and will involve minimal clearing. The development is reliant on the site's natural landscape features and ecological values and is not likely to deliberately compromise this.

(c) Adverse effects from development on the natural environment are minimised with respect to the loss of natural vegetation, soil degradation, air and water pollution due to erosion, dust and chemical contamination, dispersal of pollutants, effluent disposal and the like.

Complies - The proposed development will have minimal impact on the natural environment. The proposed cabins will be set amongst existing mature vegetation with minimal clearing proposed. Each cabin will be serviced by individual septic system which will be setback an appropriate distance from any surface water channels. The proposed cabins are unlikely to result in chemical contamination of dispersal of pollutants.

(j) Threats to public safety and health associated with the natural and built environments, including flooding in the catchments of the Barron River and Mitchell River are minimised.

Complies - The subject land is not identified as a natural hazard area for flooding.

(q) The establishment of new industries such as value adding agricultural industries as well as

Complies - The development proposes 5 eco-cabins. The development complies


ecotourism and tradeable services beyond agriculture.

Relevant Development Codes

The following Development Codes are considered to be applicable to the assessment of the application:

Part 4, Division 14 Rural Zone Code Part 5, Division 2 Natural and Cultural Heritage Features Overlay Code Part 6, Division 5 Car Parking Code Part 6, Division 14 Tourist Facility Code Part 6, Division 15 Landscaping Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval.

Relevant Codes Comments

Rural Zone Code The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code.

Natural and Cultural Heritage Features Overlay Code

The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code.

Car Parking Code The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code.

Tourist Facility Code The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code.

Landscaping Code

The proposed cabins will be set amongst existing mature vegetation and will be effectively screened from view from adjoining properties. Considering this, as well as the minimal scale and nature of the proposed use, it is highly unlikely that the development will detrimentally impact on any adjoining properties or nearby roads. In this instance, additional landscaping or vegetated buffering is not considered necessary or appropriate.

(e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 1 - Water Supply (Outside Reticulated Water Supply Area) A condition will be attached to any approval requiring the applicant/developer provide a potable water supply for the tourist facility. No. 4 - Development Manual


All development works will be conditioned to comply with the FNQROC Development Manual. (f) Additional Trunk Infrastructure Condition - Road Infrastructure (Section 650 of

SPA) The subject land is located outside the identified Priority Infrastructure Area. Section 650 of SPA allows Council to condition additional trunk infrastructure outside the PIA. Approximately 3.25 kilometres of Speewah Road between Stoney Creek Road and the subject land is currently formed to a gravel standard. The proposed development will further add to the expected daily vehicle movements. In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, it is proposed that the development approval be conditioned to require the applicant to upgrade a proportional length of Speewah Road or alternatively pay a contribution in lieu of constructing this infrastructure. For past tourist cabin development, the applicable road contribution has been established using the assumption of 0.2 EDC per cabin. Based on the 2014/2015 Augmentation of the Road Network Contribution rate (see Fees and Charges Schedule), the following contribution is appropriate:

5 x 0.2 x $4,170.00 = $4,170.00 REFERRALS Concurrence The application triggered referral to the Department of State Development, Infrastructure and Planning as a Concurrence Agency for vegetation management matters. The Department advised in a letter dated 18 September 2014 that they require the conditions to be attached to any approval (Attachment 2). Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development engineering. PUBLIC NOTIFICATION The development proposal was placed on public notification from 3 October 2014 to 24 October 2014. The applicant submitted the notice of compliance on 28 October 2014 advising that the public notification requirements were carried out in accordance with the requirements of the Act. No submissions were received.


PLANNING DISCUSSION Nil Date Prepared: 10 November 2014


ATTACHMENT 1 APPROVED PLANS (DWS VS 3576061)


ATTACHMENT 2


ITEM-2 APPLICATION FOR CONVERSION OF LEASE - LOT 346 ON CP867073, PARISH OF RIFLEMEAD


MEETING: Ordinary


REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the conversion of lease NCL0/201058 over land described as Lot 346 on CP867073, Parish of Riflemead to freehold. Should the conversion be successful, the use of the land for rural residential living purposes would continue. The subject land is land locked by National Park and the provision of legal access must be resolved by the State as part of any conversion. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.


"That Council offer no objection to the conversion to freehold of land described as Lot 346 on CP867073, Parish of Riflemead subject to the land being provided with legal access via frontage to a gazetted road reserve prior to conversion, and further advise the Department of Natural Resources and Mines that Council has no knowledge of any non-indigenous cultural heritage values associated with the land."

BACKGROUND

DNRM is currently considering an application for the conversion to freehold of Lease NCL0/201058 over land described as Lot 346 on SP867073, Parish of Riflemead, situated off Mt Spurgeon Road, Mount Carbine. The subject land has an area of 4,013 square metres and is located approximately 11 kilometres north-east of Mount Carbine, at the very end of Mt Spurgeon Road. The existing lease is for rural residential purposes and the land has been improved with a dwelling house and shed/s.


The land does not have frontage to a gazetted road reserve and the closest road reserve (Mt Spurgeon Road) is located approximately 520 metres to the south west. Access between the subject land and Mt Spurgeon Road is obtained by traversing Lot 197 on NPW904 (National Park). DNRM has requested Council's views on the proposed conversion and whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.

LINK TO CORPORATE PLAN

Nil

CONSULTATION

Internal Nil External Nil

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS)

Nil

POLICY IMPLICATIONS

The subject land is zoned Rural under the Mareeba Shire Planning Scheme. There is no objection to the continued use of the land for rural residential living purposes. Whilst there is no objection in principle to the conversion of the lease, the conversion should not occur unless the State also provides the subject land with legal access via frontage to a gazetted road reserve. Council officers have no knowledge of any non-indigenous cultural heritage values associated with the subject land.

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget?

Nil


IMPLEMENTATION/COMMUNICATION

The Department of Natural Resources and Mines will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of Natural Resources and Mines letter dated 23 October 2014 Date Prepared: 5 November 2014


ATTACHMENT 1


ITEM-3 APPLICATION FOR CONVERSION OF TERM LEASE TO FREEHOLD - LOT 238 ON NR6537, PARISH OF FORMARTINE


MEETING: Ordinary



EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the conversion of Term Lease TL231823 over land described as Lot 238 on NR6537, Parish of Formartine to freehold. Should the conversion be successful, it is proposed that the land be used for grazing purposes. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.


"That Council offer no objection to the conversion to freehold of the term lease over land described as Lot 238 on NR6537, Parish of Formartine and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land."

BACKGROUND

DNRM is currently considering an application for the conversion to freehold of Term Lease TL231823 over land described as Lot 238 on NR6537, Parish of Formartine. The subject land has an area of 181 hectares and is located on Pickford Road immediately west of the Biboohra township. The land is currently used for grazing purposes and it is expected that this use will continue if the conversion is successful. There are notable improvements on the land. DNRM seeks Council's views on the conversion to freehold.



Nil

CONSULTATION



Nil

POLICY IMPLICATIONS

The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the continued use of the land for grazing purposes. Council officers have no knowledge of any non-indigenous cultural heritage values associated with the subject land.



Nil



ATTACHMENTS

1. Department of Natural Resources and Mines letter of 5 November 2014 Date Prepared: 6 November 2014


ATTACHMENT 1


ITEM-4 APPLICATION FOR CONVERSION OF PASTORAL LEASE TO FREEHOLD - LOT 232 ON PH284, PARISH OF BORODINO


MEETING: Ordinary



EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the conversion of the pastoral lease over land described as Lot 232 on PH284, Parish of Borodino to freehold. Should the conversion be successful, it is expected that the land would be used for primary industry purposes. DNRM seeks Council's views on the conversion to freehold.


"That Council offer no objection to the conversion to freehold of the pastoral lease over land described as Lot 232 on PH284, Parish of Borodino and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land."

BACKGROUND

DNRM is currently considering an application for the conversion to freehold of Pastoral Holding 34/232 over land described as Lot 232 on PH284, Parish of Borodino. Lot 232 on PH284 has a total area of 438,000 hectares which is spread across the local government areas of Carpentaria Shire, Croydon Shire and Mareeba Shire. The portion of Lot 232 within Mareeba Shire ("the land") is approximately 25,180 hectares in area and forms the south-western most projection of the Mareeba Shire. The land is situated immediately to the north of the Gilbert River/Einasleigh River Junction, with the Gilbert River forming the south-western boundary. Should conversion application be successful, it is expected that the land will continue to be used for primary industry purposes. DNRM seeks Council's views on the conversion to freehold.




Nil

CONSULTATION



Nil

POLICY IMPLICATIONS

The portion of Lot 232 located within the Mareeba Shire is zoned Rural under the Mareeba Shire Planning Scheme 2004.


There is no objection to the use of the land for the primary industry purposes. Council officers have no knowledge of any non-indigenous cultural heritage values associated with the subject land.



Nil

If not you must recommend how the budget can be amended to accommodate the expenditure Nil



ATTACHMENTS

1. Department of Natural Resources and Mines email of 14 October 2014 Date Prepared: 3 November 2014


ATTACHMENT 1


ITEM-5 J TAYLOR - RECONFIGURING A LOT - SUBDIVISION (1 INTO 2 LOTS) - LOT 2 ON RP745173 - 4414 BLACK MOUNTAIN ROAD, JULATTEN - DA/14/0049


MEETING: Ordinary



APPLICATION DETAILS


APPLICANT J Taylor ADDRESS 4414 Black Mountain Road, Julatten

DATE LODGED 24 September 2014 RPD Lot 2 on RP745173

TYPE OF APPROVAL

Development Permit


Reconfiguring a Lot - Subdivision (1 into 2 Lots)

FILE NO DA/14/0049 AREA 46.093 Ha

LODGED BY J Taylor OWNER J Taylor

PLANNING SCHEME


ZONE Rural

LEVEL OF ASSESSMENT

Code Assessment

SUBMISSIONS n/a

ATTACHMENTS: 1. Proposal Plan

EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is code assessable and was therefore not required to undergo public notification. The applicant proposes to excise approximately 3 hectares of land from the eastern side of the subject property, generally covering the area of an existing fruit orchard. The subject site is not mapped as containing Good Quality Agricultural Land (GQAL). The application has been assessed against the relevant statutory planning instruments, including the FNQ Regional Plan, the State Planning Policy and the Mareeba Shire Planning Scheme (including codes and policies) and is in conflict with the rural subdivision provisions contained within the Planning Scheme.


Proposed Lot 2, having a total area of approximately 3 hectares, is significantly smaller than the Planning Scheme's desired minimum lot size of 30 hectares for land not identified as GQAL. The proposed subdivision conflicts with an overall intent of the Rural Zone as it would result in further fragmentation of rural land and the ad-hoc creation of yet another rural living allotment. Council officer assessment has not identified sufficient planning grounds to justify an approval despite these conflicts. The application has significant conflicts with the Mareeba Shire Planning Scheme and it is therefore recommended that the application be refused. At its Ordinary Meeting held on 5 November 2014, Council held over consideration of this application pending the applicant's submission of a minor amendment to the proposed lot layout. The lot layout (Attachment 1) has been amended to increase the area of proposed Lot 2 from 2.5 hectares to 3 hectares. Whilst the officers recommendation remains unchanged, proposed conditions for approval have been drafted and are presented as an additional section at the end of this report in the event Council resolves to approve this development.


"1. That in relation to the following development application:


Refused by Council for reasons set out in (B).

(A) REFUSED DEVELOPMENT: Development Permit for Reconfiguring a Lot - Subdivision (1 into 2 Lots)

(B) ASSESSMENT MANAGER’S REASONS FOR REFUSAL: That Council considers:- 1. The proposed development is in conflict with Part 4, Division 14, 4.77 Overall

Outcomes for Rural Zone Code: (b) where agricultural production and the raising of animals are protected from

incompatible land uses;

2. The proposed development is in conflict with Part 4, Division 14, 4.80 Rural Zone Code:




TYPE OF APPROVAL

Development Permit




Reconfiguring a Lot S1 The viability of the farming industry throughout the Shire and including

Good Quality Agricultural Land, and future opportunities for farming pursuits are not compromised. PS1.2 Allotments to have a minimum area of 30 hectares and road

frontage of 150 metres if outside the area identified on Agricultural Land Quality Maps S2, S3, S4 and S5.

3. The proposed development is in conflict with land use policies 2.4.1, 2.6.1, 4.6.1,

4.6.2, 5.4.2 and 5.4.3 of the Far North Queensland Regional Plan 2009-2031.

4. That there are not sufficient grounds to justify approval, despite the identified conflicts."

THE SITE

The subject site is situated at 4414 Black Mountain Road, Julatten and is described as Lot 2 on RP745173, Parish of Mowbray, County of Solander. The site is irregular in shape with a total area of 46.093 hectares, and is zoned Rural under the Mareeba Shire Planning Scheme. The site is not mapped as good quality agricultural land (GQAL). The subject site contains approximately 730 metres of frontage to Black Mountain Road (to the south) and another 70 odd metres of frontage to an undeveloped section of road reserve (to the east). Black Mountain Road is constructed to a formed gravel standard for its entire frontage to the subject site with access gained via a single gravel crossover. The site has an undulating topography and contains a mixture of large cleared grazing paddocks, scattered thickets of mature vegetation and large areas of thick mature vegetation at both the northern end and south-west corner of the site. The site drains to the north into Euluma Creek and Mowbray River which border the rear of the site. A mature fruit orchard of approximately 2.5 hectares in size is situated adjacent the eastern boundary of the site. A single dwelling and ancillary outbuilding is situated towards the centre of the site. All surrounding allotments are zoned Rural and used for both rural lifestyle purposes and agricultural purposes including livestock grazing, fruit tree orchards and timber tree plantations. Proposed Lot 2 is shown in red below.


BACKGROUND AND CONTEXT Nil

PREVIOUS APPLICATIONS & APPROVALS Nil

DESCRIPTION OF PROPOSED DEVELOPMENT

The development application seeks a Development Permit for Reconfiguring a Lot - Subdivision (1 into 2 Lots) in accordance with the plans shown in Attachment 1. The proposed subdivision would result in the creation of the following allotments:

Proposed Lot 1 - area of approx. 43 Ha, frontage of approx. 740 metres to Black Mountain Road

Proposed Lot 2 - area of approx. 3 Ha, frontage of approx. 65 metres to undeveloped road reserve (practical access still possible off Black Mountain Road)

Proposed Lot 1 will contain the site's existing dwelling and ancillary outbuildings. Both proposed allotments will be accessed off Black Mountain Road and can be connected to electricity and telecommunications infrastructure.

REGIONAL PLAN DESIGNATION

The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site as containing:

Strategic Rehabilitation Area

State & Regional Conservation Corridors

Terrestrial Area of High Ecological Significance

Wetland Area of General Ecological Significance

PLANNING SCHEME DESIGNATIONS

RELEVENT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:-

Strategic Framework designation: Rural

Zone: Rural (Not GQAL)

Overlays Significant Vegetation Overlay Natural Disaster - Bushfire Overlay


(a) Far North Queensland Regional Plan 2009-2031 Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

DRO 2.4 Primary Production & Fisheries


2.4.1 Good quality agricultural land is protected from urban development outside the urban footprint.

× The subject site and immediate surrounding allotments are not mapped as Good Quality Agricultural Land (GQAL). Despite the marginal quality of the subject land for conventional agricultural uses (cropping, grazing), the creation of yet another 'rural lifestyle' allotment may constrain the future rural development options of the surrounding area. The future development of rural uses such as animal husbandry-intensive which are dependent on achieving separation distances from sensitive receptors (dwelling houses) will be made more difficult by the creation of the proposed lot and the subsequent additional dwelling house.

DRO 2.6 Rural Subdivision


2.6.1 Further fragmentation of agricultural land in the regional landscape and rural production area is avoided to maintain economically viable farm lot sizes.

× At present the subject site has a total area of 46.093 Ha and contains multiple rural uses including livestock grazing and fruit orchard. The proposed development means to excise approximately 3 hectares of the subject site currently under orchard, which in this officers opinion, could only serve to reduce the sites overall viability whilst creating a smaller rural lifestyle allotment with limited to no economic viability. The proposed development is further fragmenting agricultural land is therefore in conflict with Land Use Policy 2.6.1.

DRO 4.6 Rural Residential Development


4.6.1 New rural residential development is located in rural living areas.

× Despite the rural zoning, proposed Lot 2 is effectively a rural residential allotment. The subject land is not located within the rural living area.

4.6.2 Future demand for rural residential housing is provided from within the existing stock of land zoned for this purpose.

× The subject land is zoned Rural, not rural residential.

DRO 5.4 Primary Industries


5.4.2 Threats to primary production from incompatible development are identified and managed through

× The proposed development will result in the creation of an additional 'rural lifestyle' allotment and subsequent increase in dwelling densities within the rural zone.


land use planning and where appropriate, by developer established buffers.

The addition of yet another dwelling within the rural zone will only hinder future rural development such as animal husbandry-intensive uses which are dependent on achieving separation distances from sensitive receptors (dwellings).

5.4.3 Potential conflict between primary industries and urban activities is managed through land use planning and, where appropriate, developer-established buffers.

× The proposed development will result in the creation of an additional 'rural lifestyle' allotment and subsequent increase in dwelling densities within the rural zone. The addition of yet another dwelling within the rural zone will only hinder future rural development such as animal husbandry-intensive uses which are dependent on achieving separation distances from sensitive receptors (dwellings).

DRO 7.1 Protection of Waterways, Wetlands and Water Quality


7.1.1 Development is planned, designed, constructed and managed in accordance with best practice environmental management to protect environmental values and meet water quality objectives of the Environmental Protection Policy (Water) 1997 (EPP Water) for regional surface water, groundwater and wetlands.

If approved, the development would be conditioned to comply.

(b) State Planning Policy

On 2 December 2013 (amended July 2014), the Department of State Development, Infrastructure and Planning introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. As such, this State Planning Policy is not reflected in the Planning Scheme and is therefore applicable to the assessment of the application. Council's planning officer has conducted an assessment of the proposed development against the provisions contained within the SPP and it is not considered to be in conflict with any relevant aspect of the SPP.

Queensland State Planning Policy - December 2013

State Interest Complies Assessment Requirements & Comments

Natural hazards

A development application for a material change of use, reconfiguring a lot or operational works on land within:

(1) a flood hazard area, or

(2) a bushfire hazard area, or

(3) a landslide hazard area, or

For all natural hazards:

Development:

(1) avoids natural hazard areas or mitigates the risks of the natural hazard, and

(2) supports, and does not unduly burden, disaster management response or recovery capacity and capabilities, and

(3) directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties, and

(4) avoids risks to public safety and the environment from the location of hazardous materials and the


release of these materials as a result of a natural hazard, and

(5) maintains or enhances natural processes and the protective function of landforms and vegetation that can mitigate risks associated with the natural hazard, and

Comment

The proposed reconfiguration can be conditioned to comply with this aspect of the SPP.

(c) Mareeba Shire Planning Scheme 2004 (amendment no. 01/11) Relevant Development Codes

The following Development Codes are considered to be applicable to the assessment of the application:

Part 4, Division 14 Rural Zone Code Part 5, Division 6 Significant Vegetation Overlay Code Part 5, Division 8 Natural Disaster - Bushfire Overlay Code Part 6, Division 12 Reconfiguring a Lot Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval.

Relevant Codes Comments

Rural Zone Code The application can be conditioned to comply with the applicable acceptable/probable solutions contained within the code apart from the following:

Reconfiguring a Lot - Probable Solution PS1.2

Refer to planning discussion section of report.

Significant Vegetation Overlay Code

Although this code is triggered in the assessment of the application, the subject site does not contain any areas mapped as Category A or B Vegetation on Map V2. Therefore assessment against this code is not considered relevant in this instance.

Natural Disaster - Bushfire Overlay Code

The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code.

Reconfiguring a Lot Code The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code.

(d) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application:


No. 4 - Development Manual Should Council choose to approve the proposed development against this officer's recommendation, a condition should be attached to any approval requiring all development works be designed and constructed in accordance with the FNQROC Development Manual. (e) Additional Infrastructure Payment Condition Should Council choose to approve the proposed development against the officer's recommendation, it is recommended that a condition be attached to the approval requiring the applicant upgrade a section of Black Mountain Road to the standards set out in the FNQROC Development Manual. In lieu of this road construction, the applicant may choose to pay an Augmentation of the Road Network Contribution in accordance with Planning Scheme Policy 6. REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies. Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Engineering - Access

PLANNING DISCUSSION Noncompliance with the relevant acceptable solutions or probable solutions/performance criteria of the following Codes are summarised as follows: Rural Zone Code The overall outcomes sought for the Rural Zone code are to achieve an area:

(b) where agricultural production and the raising of animals are protected from

incompatible land uses; Comment The rural zone is intended for agricultural and primary production purposes. Fragmenting rural allotments below the Planning Scheme's minimum lot size will generally lead to a higher dwelling density within the rural zone, increasing the probability that one or more of the additional dwelling houses will result in a land use conflict with bona fide rural uses. In particular, the increased dwelling density associated with the creation of smaller rural allotments, makes it more difficult to establish new intensive rural activities or to expand existing intensive rural activities. This is due to the


separation distances that must be maintained between the rural use and any nearby dwelling houses. The recent expansion of the poultry industry has highlighted the potential for land use conflict between intensive rural activities and nearby dwelling houses. The proposed development conflicts.

Conflicts with the specific outcomes and probable solutions for the Rural Zone:

Reconfiguring a Lot S1 The viability of the farming industry throughout the Shire and including Good

Quality Agricultural Land, and future opportunities for farming pursuits are not compromised. PS1.2 Allotments to have a minimum area of 30 hectares and road frontage of

150 metres if outside the area identified on Agricultural Land Quality Maps S2, S3, S4 and S5.

Comment The applicant proposes to excise approximately 3 hectares of land off the eastern side of the subject site, which generally covers the area over an existing mature fruit orchard (proposed Lot 2). The balance lot (proposed Lot 1) will be left with a land stock of approximately 43 hectares. Proposed Lot 2 is significantly smaller than the desired minimum resultant lot size of 30 hectares for land within the Rural zone (where not GQAL). The applicant has stated that the subdivision is required to create an allotment for his son to acquire. An overriding intention of the Planning Scheme is to minimise further fragmentation of agricultural land within the Rural zone and to maintain economically viable farm lots sizes. Although the site is not mapped as containing GQAL, it is currently well in excess of 30 hectares and contains multiple rural uses including livestock grazing and a fruit tree orchard. The proposed development would result in the fragmentation and dissipation of rural land and the ad-hoc creation of yet another rural living allotment. Although the subdivision may benefit the applicant, there is not considered to be any overriding benefit to the community as a result of the subdivision. In fact, the development creates further opportunity for land use conflicts to occur and may further hinder the development of rural uses such as animal husbandry-intensive which are dependent on separation distances only achievable within the Rural zone. The proposed development conflicts with PS1.2 and Specific Outcome S1.


Conclusion An intention of the Planning Scheme for the Rural zone is to discourage the creation of further small rural lots, and the proposal is in conflict with this intention. The application is recommended for refusal. PROPOSED CONDITIONS IN THE EVENT COUNCIL DECIDES TO APPROVE THE APPLICATION The following set of conditions have been prepared should Council choose to approve this application. Further to the conditions, Council is required to state the reasons for not adopting the assessment officer's recommendation. The reasons are as follows:

Council considers that the subject land is not suitable for intensive agricultural production, is not mapped as good quality agricultural land, and there is little likelihood of any adjoining properties being developed with incompatible land uses.

Proposed Lot 2 is physically and logically divided from the area of proposed Lot 1 by a vegetated gully.

The proposed development is considered to represent the highest and best use of the subject land.

Conditions 1. That in relation to the following development application:


Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), relevant period in (E), further permits in (F), and further approvals from Council listed in (G); (A) APPROVED DEVELOPMENT: Development Permit for Reconfiguring a Lot -

Subdivision (1 into 2 Lots)




TYPE OF APPROVAL

Development Permit




(B) APPROVED PLANS:

(C) ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a) Development assessable against the Planning Scheme 1. Development must be carried out substantially in accordance with the approved

plans and the facts and circumstances of the use as submitted with the application, subject to any alterations: - found necessary by Council’s delegated officer at the time of examination

of the engineering plans or during construction of the development because of particular engineering requirements; and

- to ensure compliance with the following conditions of approval.

2. Timing of Effect 2.1 The conditions of the development permit must be complied with to the

satisfaction of Council’s delegated officer prior to the endorsement of the plan of survey, except where specified otherwise in these conditions of approval.

3. General 3.1 The development approval would not have been issued if not for the

conditions requiring the construction of infrastructure within the conditions of approval.

3.2 The applicant/developer is responsible for the cost of necessary alterations to existing public utility mains, services or installations required by works in relation to the proposed development or any works required by condition(s) of this approval.

3.3 All payments or bonds required to be made to the Council pursuant to any condition of this approval must be made prior to the endorsement of the plan of survey and at the rate applicable at the time of payment.

3.4 The developer must relocate (in accordance with FNQROC standards) any services such as water, sewer, drainage, telecommunications and electricity that are not wholly located within the lots that are being created/serviced where required by the relevant authority, unless approved by Council’s delegated officer.

3.5 Where utilities (such as sewers on non-standard alignments) traverse lots to service another lot, easements must be created in favour of Council for access and maintenance purposes. The developer is to pay all costs

Plan/Document Number

Plan/Document Title Prepared by Dated

- Proposed Subdivision for J.D 'Charly' Taylor Lot 2 on RP745173

JD Taylor 6/11/2014


(including Council’s legal expenses) to prepare and register the easement documents.

3.6 All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.7 Flood Immunity All new buildings must be located such that the freeboard of the floor levels of all habitable rooms is a minimum of 300mm above the 100 ARI year level.

3.8 No filling is to occur below the 100 ARI flood level unless approved as part of a subsequent development application for operational works.

3.9 Bushfire Management 3.9.1 Any new dwelling erected on the subject allotments shall:

(i) Achieve a setback from hazardous vegetation of 1.5 times the

predominant mature canopy tree height or 10 metres, whichever is greater.

(ii) Include on-site water storage of not less than 5,000 litres, with a 50mm male camlock fire brigade fitting where necessary, to be provided at the same time the dwelling is constructed.

3.10 Landslide For any new building on the proposed lots on a slope of 15% or greater, the land owner must provide Council's delegated officer with a site-specific geo-technical report prepared by a suitably qualified Registered Professional Engineer of Queensland (RPEQ) that certifies: - The long term stability of the development site; and - The development site will not be adversely affected by landslide

activity originating on sloping land above the development site. The report must be provided to Council's delegated officer prior to the issue of the development permit for building works.

3.11 Rural Addressing The applicant must pay the relevant fee per lot for provision of rural addressing at the rate identified in the Fees and Charges Schedule at the time of payment.

3.12 Charges All outstanding rates, charges and expenses pertaining to the land are to be paid in full.


4. Infrastructure Services and Standards 4.1 Access

An access crossover must be constructed to each proposed allotment (from the edge of the road pavement to the property boundary) in accordance with FNQROC Development Manual, to the satisfaction of Council’s delegated officer.

4.2 On-Site Wastewater Management At the time of building construction on proposed Lot 2, an on-site effluent disposal system must be constructed in compliance with the latest version On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of the Council’s delegated officer.

5. Additional Payment Condition (section 650 of the Sustainable Planning Act 2009) Approximately 2.7 kilometres of Black Mountain Road between Euluma Creek Road, up to and including the frontage of the subject land is presently constructed to an unsealed gravel standard The one (1) additional allotment proposed under the development application further adds to the traffic movements on Black Mountain Road. 5.1.1 In accordance with Planning Scheme Policy No. 6 - Augmentation of the

Road Network Contribution, the following additional payment is required towards the upgrading of Black Mountain Road:

Infrastructure Charge Rate Current

Amount of Charge

Augmentation of the Road Network Contributions (Julatten)

1 additional lot x $4,170.00

$4,170.00

TOTAL CURRENT AMOUNT OF CHARGE $4,170.00

5.1.2 The additional payment here applies for reconfiguring a lot. As such the

additional payment becomes payable when Council approves the plan of subdivision for the reconfiguration.

5.1.3 Until paid in full, the amount of the additional payment will be increased on 1 July each year in accordance with the increase for the PPI index for the period starting on the day the development approval takes effect, adjusted by reference to the 3-yearly PPI index average.

5.1.4 Instead of making the additional payment required under 5.1.1, the applicant may construct 120 metres of Black Mountain Road beginning at chainage 46,565 and extending to chainage 46,685, to a bitumen seal width of 4.5 metres, in accordance with Rural Road (Class <100 Table D1.4) of the Mareeba Shire Planning Policy No. 4 - Development Manual, to the satisfaction of Council's delegated officer.


Prior to works commencing, plans for the works described above must be approved as part of an Operational Works application. Should the applicant choose to construct these works, the works must be completed before Council approves the plan of subdivision for the reconfiguration.

(D) ASSESSMENT MANAGER’S ADVICE (a) A number of other charges or payments may be payable as conditions of

approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

(b) Endorsement Fees

The applicant is advised that Council charges a fee for the endorsement of a Survey Plan, Community Management Statements, easement documents, and covenants. The fee is set out in Council’s Fees & Charges Schedule applicable for each respective financial year.

(d) Compliance with applicable codes/policies The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval.

(e) Notation on Rates Record A notation will be placed on Council’s Rate record with respect to each lot regarding the following conditions:

conditions regarding bushfire management

flood immunity

building on sloped land (greater than 15% gradient)

(f) Environmental Protection and Biodiversity Conservation Act 1999 The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.environment.gov.au.

(g) Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural


heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.datsima.qld.gov.au.

(h) Council has no current plans to seal the 2.7 kilometre gravel section of Black Mountain Road between Euluma Creek Road, up to and including the frontage of the subject land.

(E) RELEVANT PERIOD

When approval lapses if development not started (s.341)

Reconfiguring a Lot not requiring Operational Works – two (2) years (starting the day the approval takes effect);

(F) OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

Nil

(G) OTHER APPROVALS REQUIRED FROM COUNCIL

Access approval arising from condition number 4.1 (The applicant should contact Council’s Urban & Regional Planning Group to obtain application form and applicable fee)

Date Prepared: 7 November 2014

http://www.datsima.qld.gov.au/


ATTACHMENT 1 PROPOSAL PLAN/S (DWS VS 3609848)


ITEM-6 EXTENSION TO RELEVANT PERIOD - WARWICK COLEFAX FAMILY TRUST - RECONFIGURING A LOT - SUBDIVISION (1 INTO 10 LOTS) - LOT 10 ON RP860997 - BARRON FALLS ROAD, KURANDA - REC/07/0015


MEETING: Ordinary




APPLICANT Warwick Colefax Family Trust

ADDRESS Barron Falls Road, Kuranda

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED

23 October 2014 RPD Lot 10 on RP860997

TYPE OF APPROVAL

Development Permit



FILE NO REC/07/0015 AREA 10.52 Ha

LODGED BY Colefax Consulting Engineers Pty Ltd

OWNER Colefax Consulting Engineers Pty Ltd

PLANNING SCHEME


ZONE Rural Residential

LEVEL OF ASSESSMENT

Code Assessment

SUBMISSIONS N/A - Code Assessment Only

ATTACHMENTS: 1. Decision Notice dated 8 March 2011

2. Applicant’s request to extend relevant period dated 21 October 2014

3. Concurrence Agency response dated 30 October 2014

EXECUTIVE SUMMARY

Council approved a development application described in the above application details at its Ordinary Meeting held on 2 March 2011, subject to conditions. The Decision Notice was issued on 8 March 2011. The application was code assessable and was therefore not required to undergo public notification.


Colefax Consulting Engineers Pty Ltd, on behalf of the applicant has subsequently lodged an application to extend the relevant period for a further four years from 8 March 2015 to 8 March 2019 (Attachment 2). To date, no development works have commenced on site in relation to the approval. An informal policy position has been established by Council officers whereby uncommenced development will be recommended for a maximum two (2) extension and commenced development recommended for four (4) year extension. This informal policy has since been expanded upon, whereby development approvals that had previously received an extension to the relevant period would be granted maximum one (1) year extensions for any subsequent extension requests. Given that the development approval is still within its original relevant period, and in keeping with the above-mentioned informal policy, it is recommended that the relevant period be extended for a period of two (2) years from 8 March 2015 to 8 March 2017.


“1. That in relation to the application to extend the relevant period for the following development approval:

and in accordance with the Sustainable Planning Act 2009:

(A) The relevant period be extended for two years from 8 March 2015 to 8 March 2017.

2. A Notice of Council’s decision be issued to the applicant and the Department of State Development Infrastructure and Planning, State Assessment and Referral Agency (SARA) via email [email protected] (reference: SPD-1014-012530) advising of Council’s decision.”

THE SITE

The subject land is described as Lot 10 on RP860997, Parish of Cairns, County of Nares, having an area of 10.52 hectares. The land has a frontage of 113.5 metres to Barron Falls Road and extensive frontages to unformed road reserves along the eastern and southern boundaries.


APPLICANT Warwick Colefax Family Trust

ADDRESS Barron Falls Road, Kuranda

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED

23 October 2014 RPD Lot 10 on RP860997

TYPE OF APPROVAL

Development Permit




Access to the subject land is obtained off Barron Falls Road which is constructed to 5.2 metres wide bitumen sealed standard for the entire site frontage. The site has an undulating topography which initially falls from approximately 350 metres AHD at the Barron Falls Road access point to approximately 330 metres AHD at a gully in the north-eastern corner. The land then rises gradually to approximately 365 metres AHD along the southern boundary, before falling again towards a waterway adjacent to the western boundary. Approximately two thirds of the subject land remains covered by remnant 'not of concern' regional ecosystem. This vegetation is also mapped as essential cassowary habit. The land was previously prepared (under a lapsed subdivision approval) for development during the early 90s and numerous house size clearings remain scattered throughout the site. These same clearings form a basis for the current proposed layout. The subject land is serviced by the Kuranda reticulated water network, overhead electricity and telephone network. Adjoining land to the north and west has been developed for rural residential purposes. A large undeveloped rural allotment is located to the south. The Barron Gorge National Park (Wet Tropics World Heritage Area) is situated to the east, separated from the subject land by an unformed road reserve.




BACKGROUND AND CONTEXT

Council, at its Ordinary Meeting held on 2 March 2011, approved an application made by Colefax Consulting Engineers Pty Ltd on behalf of the applicant for Reconfiguring a Lot - Subdivision (1 into 10 Lots) on land described as Lot 10 on RP860997, Parish of Cairns, situated at Barron Falls Road, Kuranda. The approval was granted subject to conditions. The Decision Notice was issued to the applicant on 8 March 2011 (Attachment 1). Colefax Consulting Engineers Pty Ltd, on behalf of the applicant has subsequently lodged an application to extend the relevant period for a further four years from 8 March 2015 to 8 March 2019 (Attachment 2). To date, no development works have commenced on site in relation to the approval. An informal policy position has been established by Council officers whereby uncommenced development will be recommended for a maximum two (2) extension and commenced development recommended for four (4) year extension. This informal policy has since been expanded upon, whereby development approvals that had previously received an extension to the relevant period would be granted maximum one (1) year extensions for any subsequent extension requests. Given that the development approval is still within its original relevant period, and in keeping with the above-mentioned informal policy, it is recommended that the relevant period be extended for a period of two (2) years from 8 March 2015 to 8 March 2017.


ASSESSMENT AND DECISION REQUIREMENTS Assessment rules Section 388 of SPA requires that Council must have regard to:

the consistency of the approval, including its conditions, with the current laws and policies applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under chapter 8, part 1. If a new application was lodged for this proposal it would be assessed generally against the same planning instruments as was the original development application. On 2 December 2013, the Department of State Development, Infrastructure and Planning introduced the single State Planning Policy (SPP) to replace the various State Planning Policies previously in place. Development approval REC/07/0015 is not in conflict with any relevant aspect of the SPP.

Applicable Infrastructure Charges Development Approval REC/07/0015 was not subject to fixed headworks.

the community’s awareness of the development approval The original development application was Code Assessable and therefore was not subject to public notification.

whether, if the request were refused – (i) further rights to make a submission may be available for a further development

application; and (ii) the likely extent to which those rights may be exercised; A further development application would be Code Assessable and therefore not subject to public notification.

the views of any concurrence agency for the approval given under section 385.

The original application triggered referral to the Department of Environment and Resource Management. On 1 July 2013, the State Assessment and Referral Agency (SARA) commenced. Under these changes, the Department of State Development, Infrastructure and Planning is the assessment manager or referral agency for all relevant development applications and has become the single lodgement and assessment point where the State has a jurisdiction under SPA. The Department of State Development, Infrastructure and Planning advised in a letter dated 30 October 2014 that they have no objection to the proposed extension to the relevant period (Attachment 3).



ATTACHMENT 1


ATTACHMENT 2


ATTACHMENT 3


ITEM-7 PROPOSED ADOPTION OF THE FNQROC DEVELOPMENT MANUAL - ISSUE 6 (03.14)


MEETING: Ordinary



EXECUTIVE SUMMARY

Far North Queensland Regional Organisation of Council's (FNQROC) has recently undertaken a review of the Regional Development Manual and completed the public consultation phase. The FNQROC Development Manual is Planning Scheme Policy 4 of the Mareeba Shire Planning Scheme 2004. Under the Sustainable Planning Act (SPA), Statutory Guideline 02/14 guides making and amending local planning instruments, Council must now consider every properly made submission received on the proposed amendments and consider if it will adopt the updated policy. It is recommended that Council adopt the proposed amendments, as modified, having regard to the submissions received.


"That Council: 1. Adopt the proposed amendments for Issue 6 (03.14) to the FNQROC Development

Manual Planning Scheme Policy 4 of the Mareeba Shire Planning Scheme 2004 as modified, having regard to the submissions received.

2. Place a notice in the gazette, a local newspaper, and Council's website advising of Council's decision to adopt the amendments with an effective date of 1 December 2014."

BACKGROUND

Council at its Ordinary Meeting 4 June 2014 resolved to amend the FNQROC Development Manual Planning Scheme Policy 4 of the Mareeba Shire Planning Scheme 2004. The FNQROC Executive Officer has managed the review process including the consultation. The process to date has included:

10 January 2014 – advice sent to Councils and Industry of the final submission date of 28 February 2014 for Issue 6 of the Development Manual

14 March 2014 – submissions edited into the manual for councils review.


1 & 2 April 2014 – Regional working group meeting to review submissions.

14 May 2014 – Proposed amended manual sent to councils for public consultation

20 June 2014 – Public Consultation open until 1 August 2014. Public notice was included in the Cairns Post and regional newspapers. Letters were also sent to those registered on the regional contact list.

23 July 2014 – Public consultation workshops on the proposed changes

2 September 2014 – Regional working group meeting to review submissions from the public consultation

31 October 2014 – Issue 6 of the development manual sent to councils for final adoption after considering all public consultation submissions. (submissions and proposed responses attached as Attachment 1)


The purpose of the review and amendments were to ensure the manual continues to be functional and contemporary. Provision of well-planned, integrated and timely infrastructure is a core matter to be considered in the preparation of a planning scheme and in achieving ecological sustainability.

CONSULTATION

Internal Nil External The public consultation period was undertaken from the 20 June 2014 to 1 August 2014. Council officers have been involved in and contributed to the review of the FNQROC Development Manual. The proposed amended policy also incorporates recommendations from the Cairns Regional Council and UDIA working group. The FNQROC Executive Officer has prepared the consultation report (Attachment 1).


The risk of not continually updating the Manual is that Council will eventually have a manual that is not functional in providing a consistent set of relevant standards to which all can refer.

POLICY IMPLICATIONS

The FNQROC Development Manual is a Planning Scheme Policy of Council (Policy No. 4). In accordance with the Statutory Guideline 02/14, Council must consider every properly made submission and decide if it will: A. Adopt the proposed amended manual (Issue 6); or B. Adopt the proposed amended manual (Issue 6), with changes, or


C. Not proceed with the proposed amended manual (Issue 6). A number of submissions were received on the proposed amendments to the FNQROC Development Manual. These are summarised in the attachment to this report along with how the submissions were actioned by the FNQROC engineers working group. Council has representatives from the Technical Services Group on the engineers working group and they were involved in the review process. It is recommended that Council adopt the proposed amended manual (Issue 6). As soon as practical after Council adopts the amended manual it must place a notice in the gazette, a newspaper circulating generally in the local government area and on the local government's website. A copy of this notice must also be sent to the FNQROC Executive Officer. The FNQROC Executive Officer will collate member council notices and send an electronic copy of the amended manual (Issue 6) with the notices to the chief executive of the Department of State Development, Infrastructure and Planning.


Capital Nil Operating Council will be required to place a public notice in a local newspaper advising of the amendment of the FNQROC Development Manual (Planning Scheme Policy). Is the expenditure noted above included in the 2014/2015 budget?

Yes


The FNQROC Development Manual was prepared to ensure a consistent set of standards across the region. The manual is a living document that will be continually reviewed to ensure it remains contemporary and reflects the needs of the users. It is recommended that Council adopt the proposed amended manual (Issue 6), having regard to the submissions received.

ATTACHMENTS

1. Consultation Report Date Prepared: 3 November 2014


ATTACHMENT 1


COMMUNITY WELLBEING

ITEM-8 COMMUNITY HOUSING REVIEW DOCUMENT INFORMATION

MEETING: Ordinary


REPORT OFFICER’S TITLE: Community Development Officer DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

A review of market rents for all of Council's Aged Accommodation was completed in October 2014 which involved inspections of all properties and an increased market rent was recommended for all 108 properties. The purpose of this report is to provide background information on the impact of rental increases on tenants and the options open to Council to increase rents as an accredited Community Housing provider. Key factors for consideration in assessing the options for increasing the rent of Council's aged care properties are:

• Primarily to remain in compliance with the Community Housing Rent Policy; and

• Impact on tenants

Secondly, to assist with the accreditation process for the National Regulatory System for Community Housing this report recommends an update to the Operational Plan.


"That Council:

1. Increase rental to comply with the Queensland Government's Community Housing Rent Policy and to reduce impact on the tenants phase in the rental increase over 10 months as follows:

a) Increase rents on 2 February 2015 to all properties by 50% of the calculated rent increase; and

b) Increase rents on 3 August 2015 to all properties by the remaining 50% of the calculated rent increase; and

2. Amend the Operational Plan for the Community Housing Program in the Community Wellbeing section of the plan by including the following three (3) activities:

a) Develop and implement a Community Engagement Strategy

b) Conduct an assessment to determine the future management of the Housing stock

c) Housing Rent Review"


BACKGROUND

1. Issues for Consideration 1.1 General When considering options for implementing rental increases for Council's aged housing properties, the following issues and information should be noted:

• Pensions are increased 20 March and 20 September each year

• The last rental increase was March 2013

• Tenants were anticipating an increase in March 2014 and were advised in writing in May 2014 that the rents were being reviewed

• Maintaining current rents means that the aged housing service will operate at a loss of $151,639 for 2014/15, which clearly is not a sustainable position for Council

• Maintaining current rents means that Council is not compliant with the Community Housing Rent Policy.

1.2 Community Housing Rent Policy

This policy enables community housing providers to operate sustainable community housing services where all costs, including depreciation, are covered by the rent collected by the housing provider. The successful operation of this model relies on appropriate rent being charged and collected and this policy sets out the approved methods for setting these rents. As a funded community housing provider, Council is required to abide by the Community Housing Rent Policy which stipulates:

• Rents are to be reviewed every 12 months

• Any increases will require two (2) months notification to tenants

• Rents are calculated at 25% of income + rent assistance or market rent (whichever is the lesser amount)

• Council cannot charge less than the calculated rent or market rent

Consequently, a rent appraisal of each aged housing property was conducted in October 2014. The Kuranda Real Estate Agency inspected each of the properties in Kuranda and the Mareeba Real Estate Agency inspected properties in Dimbulah, Mt Molloy and Mareeba. A substantial rent increase was recommended for each property and these have been accepted by Council and used to set new rents in accordance with the policy. 2. Options for Managing Rent Increases The options proposed to manage the rent increases considered the following factors:

• Impact on tenants;

• Compliance with the Community Housing Rent Policy; and

• Financial projections for the operation of the aged housing service.


2.1 Option 1 Implement the full rent increase in February 2015

When the rent increase is introduced in full as soon as possible (Feb 2015), this option induces the most negative impacts on tenants but delivers the best fiscal outcome for Council with rent increases offsetting the operating loss sooner rather than later.

The out of pocket impact on tenants with this option are:

<$15 f/n – 8 people

$15 - $25 f/n – 10 people

$26 - $50 f/n – 68 people

$50 - $80 f/n – 29 people

>$80 f/n – 9 people

2.2 Option 2 Phase in the rent increase over 10 months This option involves introducing 50% of the applied rent increase in February 2015 with the remaining 50% increase implemented in August 2015. The out of pocket impact on tenants for the first 6 months with this option are:

< $15 f/n – 88 people

$15 - $25 f/n – 29 people

$26 - $50 f/n – 4 people

$50 - $80 f/n – 3 people

2.3 Recommendation It is recommended that Option 2 is adopted to increase the rent of the aged housing properties. Options 1 and 2 are within the Community Housing Rent Policy whereas phasing in the applied rental increase over a longer period will require ministerial approval. Extending the realisation of the full rental increase over a longer period will also delay the aged housing service achieving full cost recovery until the end of 2017/18. Option 2 is the balanced option that favours tenants as it reduces the immediate negative impacts on tenants. Even though it extends the time taken for the service to cease operating at a loss, it means that Council is on track for the service to be able to recover costs including full depreciation by the end of the 2015/16 financial year, as projected in Table 1 below.


Table 1. Financial Projections

Options Estimated Reserve As at 1 July 2014

Forecast Surplus or (deficit)

2014 / 2015

Forecast Surplus or (deficit)

2015 / 2016

Current Situation (Current rent maintained)

($52,351) ($151,639) ($174,916)

Option 1 Immediate implementation (100% Increase 01/02/15)

($52,351) ($25,559) $127,676

Option 2 Phased implementation: (50% Increase 01/02/15) (50% Increase 01/08/15)

($52,351) ($88,599) $115,068

3. Registration for the National Regulatory System for Community Housing To assist with this registration it is recommended that Council include 3 additional tasks/activities for the Community Housing Program as outlined below at Table 2. This amendment to the Operational Plan will allow Council to meet more of the accreditation requirements without, possibly, having to prepare a business plan for the aged housing service.

No Task/Activity outcome Responsibility Timeframe Budget Amount

Performance Measures/Officer Comment

26B Housing Rent Review

Brings rents in line with new market rent appraisals

Community Development officer

Oct 2014 Staff time Council Housing program is sustainable . Rents are equitable and compliant under State Government Policy

26C Conduct an assessment to determine the future management of the Housing stock

Ensure that there is capacity to build additional affordable housing in the Mareeba Shire by capitalising on surplus revenue and equity in existing stock.

Ensure that high quality and efficient Community Housing operations are maintained

Investigate option of a third party delivering the Community Housing service

Manager Community Wellbeing

Jan 2015 Staff time Housing stock is maintained and increased in the Shire


26D Develop and implement a Community Engagement Strategy

Tenants are well informed and involved in the Aged Housing service

Manager Community Wellbeing

Dec 2014 Staff time Consider the use of letters, surveys, face to face meetings to communicate with tenants

LINK TO CORPORATE PLAN Community Communities across the area share a sense of common identity whilst retaining local diversity, and enjoy equitable access to services and facilities based on effective partnerships.

CONSULTATION

Internal Manager Community Wellbeing Management Accountant Facilities Officer - Aged Housing External Department of Housing and Public Works Q Shelter


Nil

POLICY IMPLICATIONS

Nil


Capital Nil Operating NIL Is the expenditure noted above included in the 2014/2015 budget?

Yes


Nil

ATTACHMENTS

Nil Date Prepared: 6 November 2014


FINANCE

ITEM-10 FINANCIAL STATEMENTS FOR THE PERIOD ENDING 30 OCTOBER 2014


MEETING: Ordinary


REPORT AUTHOR/ OFFICER’S TITLE: Manager Finance DEPARTMENT: Corporate Services

EXECUTIVE SUMMARY

The purpose of this report is to provide Council with an overview of financial matters for the period 1 July 2014 to 31 October 2014.


"That Council note the financial report for the period ending 31 October 2014."

BACKGROUND

Financial Summary Each month, year to date financial statements are prepared in order to monitor actual performance against budgets. For the period ending 31 October 2014, Council shows an operational surplus of $3,054,716 compared to a budgeted YTD surplus of $4,275,234. There are no major issues to discuss or areas of concern at this stage. A 3 month review budget review is currently underway and will be presented to Council in December. One-off de-amalgamation costs are not yet finalised but for the purpose of this report are excluded. These costs are funded from the Queensland Treasury Corporation Working Capital Facility which has a repayment term of twelve months (31 December 2014). It should be noted that Council's cash position is currently $19,159,302 and this represents an initial transfer of $17,000,000 from TRC. A final cash transfer (including interest) will take place on finalisation of the 31 December 2013 financial statements and will be based on the methodology provided in the Crowe Horwath report. The final Crowe Horwath report has been referred to the Minister.


Capital Expenditure Total capital expenditure of $8,383,539 (including commitments) has been spent in October. $3,373,647 relates to finishing off 2013/14 capital projects. Any unspent budgets relating to capital projects that were not completed during 2013/14 will be carried forward into this financial year. Income Analysis Total income (including capital income of $595,095) for the period ending 31 October 2014 is $18,812,567 compared to a YTD budget of $19,676,621. The graph below shows actual income against budget for the period ending 31 October 2014.

October 2014 - Snapshot

Total Operating Income $ 18,217,472 Total Operating Expenditure $ 15,162,756 Operating Surplus $ 3,054,716 Total Capital Income (grants, developer contributions) $ 595,095

Net Result - Surplus $ 3,649,811


Variances to note are:

1. $116k of actual income relates to animal registrations and licence renewals, which all belong in July 2014, however the budget has been apportioned equally across 12 months. Also contributing to the favourable variance is actual income from Cemeteries ($16k), Building and Plumbing application fees ($40k) and Planning application fees ($45k) which were higher than anticipated.

2. The October RMPC claim is to be lodged in mid-November and is expected to be around $67k.

The Burke Developmental Road gravel re-sheet project was originally approved for $5.1M. A reduced scope of works approved by the Queensland Reconstruction Authority (QRA) has meant the project now has a value of $2.7M. The project commenced in August and a first claim of $581k was lodged in October and the next claim, which is currently being prepared, is worth $1.5M. A second Burke Development Road gravel resheet project was approved for a total value of $2.4M and this works commenced in November. The Mt Mulligan Hwy DTMR project has commenced and is estimated to be around $358K. Restoration works has been sent by the department to QRA for approval and it is expected to be provided to Council late October for pricing.

The October invoice for SITA waste levy and weighbridge charges, was raised in November for $190k.

4. $310k relates to developer contributions. Capital grants of $258k relates mainly to the construction of the pump station at Ibis Dam ($54k) and the Mareeba Sewerage Treatment Plant upgrade ($30k), and TIDS ($144k).

Expenditure Analysis

Total expenses for the period ending 31 October 2014 are $15,162,756 which is lower than the YTD budget of $15,399,537. The graph below shows actual expenditure against budget for the period ending 31 October 2014.


Loan Borrowings

Council's loan balances as at 31 October 2014 are as follows:

Description

Actual YTD Budget YTD Note

Employee expenses 4,952,073 5,321,642

Materials & Services 7,274,981 7,138,491

Depreciation expenses 2,878,570 2,883,365

Finance & Borrowing costs 57,132 56,039

QTC Loans $2,102,306

De-amalgamation working capital facility

$5,046,470 (pending adjustments)


Rates and Sundry Debtors Analysis

Rates and Charges The total rates and charges payable as at 31 October is $2,492,046.83. Rates were levied on 18 August for the six months July to December 2014, with the discount period closing on 18 September 2014. Total Gross Rates and Charges levied for the 6 month period was $13,085,505. Collection House collected $33,704 for the month of October. The outstanding amount for properties currently with debt collection is $596,921. Sundry Debtors

The total outstanding for Sundry Debtors as at 31 October is $1,982,922.17 which is made up of the following:

$357,252.19 or 62% of outstanding debtors 30 days or greater relate to government departments.


Nil

CONSULTATION

Internal Director Corporate Services External NIL

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS)

Section 204 of the Local Government Regulation 2012 requires the financial report to be presented to local government…if the local government holds its ordinary meetings more frequently (than once per month) - to a meeting in each month.

POLICY IMPLICATIONS

Information has been provided to achieve compliance with Council's Procurement Policy.

Current 30 days 60 days 90 + days

$1,413,721.56 $44,906.20 $37,878.24 $486,416.17

71.3% 2.27% 1.92% 24.51%




Nil



Nil

ATTACHMENTS

1. Financial Statements - October 2014 (DWS#3011801) Date Prepared: 6/11/2014


INFRASTRUCTURE SERVICES

TECHNICAL SERVICES

ITEM-11 WOLFRAM ROAD, DIMBULAH - PROVISION OF LEGAL AND PRACTICAL ACCESS TO TREVISIN PROPERTY (LOT 14 ON HG72, PARISH OF LEADINGHAM)


MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Technical Services DEPARTMENT: Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY

The property owners of Lot 14 on HG72 requested assistance from Council in finding a solution to create legal and practical access to their property from Wolfram Road. Previously access to Lot 14 had been through an adjacent property Lot 13 on HG72 within the confines of an unregistered (private) neighbourhood agreement. This agreement has now ceased. Existing physical access to Lot 14 is via Favaro Road at the northern end of Lot 13 (also providing access to Lot 185 on HG605) however they have stated that it does not provide all-weather access to the residence due to flooding in a watercourse on Lot 14. In the first step to provide a road reserve Council proceeded with the compulsory acquisition of a triangular parcel of land from Lot 13 to align the existing road reserves. The area was nominally calculated on paper as 3,050m², however after the on ground survey was completed the actual area was 3,128m². To further align the road reserve to provide a more direct route to Lot 14 a further 2,300m2 would need to be acquired from Lot 13 to provide more direct all weather access from Wolfram Road to Lot 14. The primary purpose of this report is to ask Council whether it wishes to proceed with this option or investigate alternate solutions. Accordingly Council is now presented with the following) options for consideration. These are:

commence the acquisition of a further 2,300m² (approx.) of land from the owner of Lot 13 to provide direct access to Lot 14. As the owner of Lot 13 has indicated that he will not agree to this proposal, compulsory acquisition would be necessary; or

take no action for the further acquisition of land on Lot 13 and advise the owner of Lot 14 that should they wish to construct an access on existing road reserve through Lot 13 then they should make a formal request to Council. Should Council agree to this request then the road will need to be constructed to FNQROC standard and will necessitate the removal of mango trees and irrigation placed on the road reserve.



"That Council:

1. pay compensation costs for the previously acquired 3,128m² and dedicate it as road reserve as per Council’s original intent;

2. not proceed with the compulsory acquisition of a further 2,300m² within Lot 13.

BACKGROUND

There is a long and extensive history dealing with the above access dating from the mid 1970’s when the owners of Lots 13 and 14 agreed to formally apply to open the road reserve in association with the proposed closure of the existing 20m road reserve through Lot 13. This outcome in 1977 saw provision of a registered plan of survey (Plan HG603 attached) which intended the creation of a new road opening and road closures. Unfortunately, for reasons unknown, the road opening and closure actions were never completed by the Department of Environment and Resource Management, and the situation remains unresolved. The registered Survey Plan, HG603, is by default out dated and is not a sufficient article on which to define any new road dealings. Council decided to revisit the opening of a road reserve as detailed on original plan HG603, however after receiving legal advice, only proceeded with a partial opening to correct the discontinuity and align existing road reserves. Council served notice of its intention to resume the 3,050 m2 land area but the owner of Lot 13 was not agreeable and an objection hearing was held. The basis for the objection to the resumption was founded on the belief by the owner of Lot 13 that the road reserve that presently dissects Lot 13 on HG72 is not required now or in the future, as access to individual land titles that may be advantaged by this potential route exists by alternate means. The objection was over ruled and Council proceeded with the acquisition of the 3,050m² triangle shaped section of land from Lot 13 to align the existing road reserves. While the road reserves are now aligned, a formed road does not exist and it is noted that there is encroachment of the mango orchard owned by Lot 13 on the existing road reserves. Therefore the owner of Lot 14 continues to access his property from Favaro Road. He advises that while this is possible during the dry season, the current route from the end of Favaro Road through his property is impassable during flood events. Should Council wish to progress this matter further options are presented for its consideration:

1. Commence the land resumption of a further 2,300m2 (approx.), pay compensation costs for this and the previously acquired 3,128m². This would be in accordance with the original intent of the 1977 Plan of Survey HG603 to line up the road reserves and provide direct access to Lot 14 through Lot 13.

However Council should be aware that legal advice previously received states that, while the compulsory acquisition of the 3,050m² (actual 3,128m²) was entirely reasonable the further acquisition of 2,300m² is less defensible and should not be proceeded with as it is arguably for private purposes. This resulted in a report to


Council on 6 September 2012 where Council resolved to exclude the acquisition of the 2,300m² but to continue with the 3,050m² portion. Also in a Supreme Court ruling between the two parties on 9 November 2012 it was found that the Trevisins (Lot 14) "...have no lawful right to use the road they have been using" through Lot 13 as the access via the " No Name Road (Favaro Road) would provide appropriate, affordable, all-weather access". A copy of the Supreme Court Judgment is attached as Item 8 of the attachments. For the reasons listed above, it is not recommended that this option be pursued as it would most likely lead to a very expensive legal battle, where there is a high probability of Council being unsuccessful and having to meet legal and court costs for both parties.

2. Council not proceed with the acquisition of a further 2,300m², however advise

Trevisins that if they wish to construct a road on the existing road reserve through Lot 13 then they should make formal application to Council. Should they elect to do so Council would then consider the application on its merits of the application at that time. This report in no way should be read in such a way as to indicate Council’s views on such an application.


ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community.

CONSULTATION

Internal Manager Technical Services Senior Planner External DERM Land Administration Officer Apels Solicitors Preston Law


The Acquisition of Land Act 1967 is the legislation applicable should Council resolve to proceed to compulsorily acquire the necessary land. Should Council proceed with the acquisition of land it could set a precedent for future involvement by Council in what should be civil matters.

POLICY IMPLICATIONS

Nil



Capital The owner of Lot 13 HG72 is entitled to compensation for the land Council previously acquired through compulsory acquisition and the level of this is to be determined Operating Nil Is the expenditure noted above included in the 2014/2015 budget?

No, the compensation sum is yet to be determined. If not you must recommend how the budget can be amended to accommodate the expenditure The funds required will be allocated at the next budget review.


Following publication of Council minutes prepare and send communication to the Department of Environment and Resource Management advising of Council’s decision.

ATTACHMENTS

1. Letter from Apels Solicitors dated 12 June 2014 objecting to proposal; 2. MSC Solicitor's letter and plan dated 26 May 2014; 3. Letter from Apels Solicitors dated 10 March 2014 requesting compensation; 4. Survey Plan HG603; 5. Option 1: To Access Lot 14 HG72 via the Acquisition of Land; 6. Option 2: To Access Lot 14 HG72 via the Unused Road Reserve through Lot 13,

removing Julatten Developments' Mango Trees; 7. Option 3: To Access Lot 14 HG72 via a Private Road Connecting to the Unnamed

Road off Favaro Road.

8. Supreme Court Decision

Date Prepared: 16 October 2014


ATTACHMENT 1


ATTACHMENT 2


ATTACHMENT 3


ATTACHMENT 4


ATTACHMENT 5

Option 1: To access Lot 14 HG via the acquisition of land


ATTACHMENT 6 Option 2. to access Lot 14 HG72 via the unused road reserve through lot 13, removing Julatten Development's mango trees


ATTACHMENT 7 Option 3: To access Lot 14 HG72 via a private road connecting to the unnamed road off Favaro Road

In this option, it is suggested that the owner of Lot 14 re-route and improve his access track to make it all-weather.


ATTACHMENT 8


WORKS

ITEM-12 INFRASTRUCTURE SERVICES - WORKS SECTION PROGRESS REPORT - OCTOBER 2014


MEETING: Ordinary Meeting


REPORT OFFICER’S TITLE: Manager Works DEPARTMENT: Infrastructure Services, Works Group

EXECUTIVE SUMMARY

This report sets out works undertaken by the Transport Infrastructure, Parks and Gardens and Bridge Sections of Infrastructure Services during the month of October 2014.


"That Council receive and note the Infrastructure Services Transport Infrastructure, Parks and Gardens and Bridge Sections, Progress Report for the month of October 2014."

BACKGROUND

Works Group Maintenance Activities Maintenance activities accruing more than $1,000 in expenditure were carried out in October at the following locations:


The table below shows the current budget position of road maintenance for Mareeba Shire Council.

The maintenance spend for October 2014 was $240,418, a reduction of $88,197 from the previous month's maintenance spend. So far this financial year to the end of October $29,554 has been spent on preparation work for the 2014/15 reseal and asphalt program. This money will eventually be moved to the appropriate capital works job resulting in a credit to the maintenance budget.

Location YTD

Actual YTD

Budget Annual Budget

Mareeba Shire Council $1,488,752 $960,997 $2,882,990


Below is a table showing the roads where unsealed road maintenance grading has taken place in October.

Capital Works Black Mountain Road Bridge 6 Black Mountain Road Bridge 6 was identified during Mareeba Shire Council's bridge inspection program as requiring major maintenance. The existing timber girder and concrete deck where replaced by concrete deck units in August. The concrete deck units and kerbing were constructed at the Kowa Street Depot and transported to site. The original timber girders and concrete deck were removed by crane and the new concrete deck units were placed on the existing concrete abutments.

Fifty (50) metres of pavement with cement stabilised relieving slabs was provided to each bridge approach in September. The asphalt sealing and bridge deck wearing surface was completed early October.

Mareeba Riverside Caravan Park Stormwater Upgrade

Drainage improvement works were commenced at Egan, Loudan and Moffatt Streets to minimise storm water runoff entering the Riverside Caravan Park.

Road Name Cost This Month

$ Cost To Date

$

Quinn Road , Mount Molloy 839.83 839.83

Rasmussen Road , Julatten 328.32 4,979.26

Wetherby Road , Mount Molloy 443.82 32,927.88

Wessel Road , Mount Molloy 3,900.73 4,006.79

Bradley Road , Mount Molloy 2,232.78 2,232.78


Works include the installation of grated trench, additional kerb and channel, underground storm water drainage and widening of existing bitumen. The works were completed late October on time and under budget.

Bilwon Road Widening and Rehabilitation Works Road widening and rehabilitation works commenced at Bilwon Road, Biboohra early October. The project involves the widening and rehabilitation of the existing bitumen seal to 7m for a length of approximately 900m and ancillary drainage works including table drain construction and culvert extensions. The works are programmed to be completed in the first half of November. Currently the project is on time and within budget.


Morton Street Intersection Upgrade The upgrading of the Morton Street and Rob Veivers Drive intersection in Kuranda commenced in October. Works consist of changing the western access to Morton Street to one way in only and the eastern access upgraded to a two way access. A stopping bay opposite the intersection on Rob Veivers Drive will also be installed. The project is programmed to be asphalt sealed in the first half of November. Currently the project is on time and within budget.

PEND-1818 Burke Developmental Road Gravel Resheet (DTMR) A total of 14.61km of gravel resheeting work is being undertaken at two locations between CH495.4 and CH406.75 on the Burke Developmental Road on behalf of DTMR. In addition to the resheeting a large culvert is also being replaced at CH505.988. Works have progressed well and it is anticipated the project will be complete early November. DTMR Routine Maintenance Performance Contract (RMPC) Routine maintenance activities were undertaken during October at the following locations.


The total claim to DTMR for the works listed above for the month of October was $77,564.18.


Parks and Gardens Section Maintenance Activities Parks and Gardens maintenance activities accruing more than $1,000 in expenditure were carried out in October at the following locations.

The table below shows the current budget position of Parks and Gardens maintenance for Mareeba Shire Council.

Bridge Section Capital Works Black Mountain Road Flaggy Creek Bridge was identified during our bridge inspection program as requiring major maintenance. The existing timber girder and concrete deck are to be replaced by concrete deck units. The concrete deck units and kerbing have been constructed at the Kowa Street Depot and will be transported to site once sufficient curing of the concrete has taken place for the units to be lifted and loaded on to a truck. Bridge replacement works are programmed to be carried out on 11 and 12 November with the asphalt approach installed in early December. Maintenance Works The table below shows the current budget position of bridge maintenance for Mareeba Shire Council.

Location YTD

Actual YTD


Mareeba Shire Council $494,900 $465,686 $1,375,459




CONSULTATION

Internal Infrastructure Services staff External Nil


Nil

POLICY IMPLICATIONS

Nil


Capital Included in 2014/2015 budget Operating Included in 2014/2015 budget Is the expenditure noted above included in the 2014/2015 budget?

Yes



Advice is provided to residents and businesses affected by any activities.

ATTACHMENTS

Nil Date Prepared: 10 November 2014

Location YTD

Actual YTD


Mareeba Shire Council $171,983 $291,374 $874,123


ITEM-13 TENDER EVALUATION TMSC2014-25 SUPPLY, LOAD AND DELIVERY OF GRAVEL - BURKE DEVELOPMENTAL ROAD


MEETING: Ordinary Meeting


REPORT OFFICER’S TITLE: Manager Works DEPARTMENT: Infrastructure Services, Works Group

EXECUTIVE SUMMARY

Tender TMSC2014-25 is for the supply, load and delivery of gravel to the Burke Developmental Road Resheet project.

The report provides a comparison of tenders received and makes a recommendation on the preferred tenderer.


"That Council resolves to award Tender TMSC2014-25 Supply, Load and Delivery of DTMR Gravel, Type 4.3 Road Base for the Burke Developmental Road to M & G Crushing and Materials Pty Ltd at the following unit rates (GST Inclusive):

- 52,000 tonnes Type 4.3 Road Base $24.64 per tonne

Amounting to a total value of $1,281,280.00 (inclusive of GST)."

BACKGROUND

Tender TMSC2014-25 is for the supply and delivery of gravel to Burke Developmental Road Resheet project. The tender is on a schedule of rate basis. A summary of the tenders received is as set out below. The tender from M & G Crushing and Materials Pty Ltd is the most advantageous supply arrangement for Council.


M & G Crushing and Materials Pty Ltd is able to meet specification requirements with respect to gravel quality.



CONSULTATION

Internal Infrastructure Services staff External Nil


Nil

POLICY IMPLICATIONS

Nil


Capital Included in 2014/2015 budget Operating Included in 2014/2015 budget Is the expenditure noted above included in the 2014/2015 budget?

Yes


Advice is provided to residents and businesses affected by any activities.

ATTACHMENTS

Nil Date Prepared: 10 November, 2014


WATER & WASTE

ITEM-14 INFRASTRUCTURE SERVICES - WASTE OPERATIONS PROGRESS REPORT - OCTOBER 2014


MEETING: Ordinary


REPORT AUTHOR/ OFFICER’S TITLE: Manager Water and Waste

DEPARTMENT: Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY

The purpose of this report is to summarise Council’s Waste activities undertaken by the Infrastructure Services Department during the month of October 2014.


"That Council receive and note the Infrastructure Services - Waste Operations Progress Report, for October 2014."

BACKGROUND

The following is a summary of the waste activities undertaken during the month of October 2014.

1. Waste Operations - Recycled materials transported from outlying waste transfer stations to Mareeba

waste transfer station this month. - Scrap metal is presently being bailed at Kuranda. - Non-ferrous metals and batteries sold to North Queensland Recyclers. - Cell 5 commissioned and receiving waste materials. - Two 30 cubic meter bins of recycled material was transported by JJ Richards from

the Mareeba waste transfer station to Cairns material recycling facility for processing. This periodically re-occurs as the recyclable material builds up.

- All transfer stations and Mareeba landfill are currently operational.

2. Customer Service Waste Statistics The following graph displays customer requests logged in the Customer Request Management (CRM) system during the month of October 2014.


3. Waste Collected at Each of the Transfer Stations Waste material collected at each of the waste transfer stations is either deposited directly to the Mareeba landfill, recycled or transported to the SITA facility in Cairns for processing. The following pie charts are separated into waste received as whole units and waste received as accrued tonnage.


4. Waste to Mareeba Landfill The Mareeba Shire waste shown in the pie chart below is the waste collected at each of the waste transfer stations (Mareeba included), and deposited directly to the Mareeba landfill. The commercial waste shown below is derived from the SITA Bedminster plant in Cairns and deposited into the Mareeba landfill.

5. Revenue

The income is derived from:

Commercial disposal (predominantly SITA)

Interest earned

Interest on Constrained Works

Recycling (steel, batteries)

Rates The expenditure is derived from:

Waste administration

Landfill management

Transfer station management

6. Financial Operational Budget Information per budget Section Overall


Graphical – Revenue

Graphical – Expenditure

CONSULTATION

Internal Director Infrastructure Services Waste Staff External Nil



Nil

POLICY IMPLICATIONS

Nil



Yes



Nil

ATTACHMENTS

Nil Date Prepared: 10 October 2014


ITEM-15 INFRASTRUCTURE SERVICES - WATER AND WASTEWATER MONTHLY OPERATIONS REPORT - OCTOBER 2014


MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Water and Waste DEPARTMENT: Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY

The purpose of this report is to summarise Council’s Water and Wastewater activities undertaken by the Infrastructure Services Department during the month of October 2014.


"That Council receive and note the Infrastructure Services - Water and Wastewater Monthly Operations Report for October 2014."

BACKGROUND

1. Capital Works Projects

Arsenic Removal Plant at Chillagoe - Packaged plant is on-site and installation works have commenced

Work has commenced on Stage 1 of the Historian Project (Water Wastewater & Waste SCADA and Telemetry Recording and Reporting)

Barang Street, Kuranda - Sewerage Rising Main Upgrade works started Monday 10 November - expected construction completion date mid-March 2015

Mareeba Industrial Park Water Booster Station works have commenced - expected construction completion date mid-January 2015

New water reservoir on Myola Road, Kuranda - Design works underway and expected to be with Council late November

2. Environmental Monitoring - Treatment

Mareeba STP non-compliant. Biological Oxygen Demand, and Faecal Coliforms exceeded the Ammonia maximum limit.

Kuranda STP remains compliant with licence conditions.


3. Budget - Water Graphical - Revenue

Graphical - Expense


4. Budget - Wastewater Graphical Revenue

Graphical - Expense


5. Chlorine Residual Readings


6. Mareeba Water Supply Scheme – Operations Data


7. Kuranda Water Supply Scheme - Operations Data


8. Mount Molloy Water Supply Scheme - Operations Data

9. Dimbulah Water Supply Scheme - Operations Data


10. Chillagoe Water Supply Scheme - Operations Data


11. Mareeba Wastewater Treatment Plant - Operations Data

12. Kuranda Wastewater Treatment Plant - Operations Data




CONSULTATION



Nil

POLICY IMPLICATIONS

Nil



Nil




Nil

ATTACHMENTS

Nil Date Prepared: 1 October 2014


ITEM-16 MAREEBA LANDFILL SITE AND WASTE RECEIVAL STATION - PROPOSED CHANGES TO OPERATING HOURS


MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Water and Waste DEPARTMENT: Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY

As discussed at the Council Workshop held on 5 November, Council officers would like to advise residents that the opening and operating hours at the Mareeba Landfill Site and Waste Receival Facility will change as of Monday, 1 December 2014. The revised hours of operation are 7am to 5pm Monday to Saturday with the landfill closed on Sundays and the Mareeba Transfer Station remaining open on Sundays 8am to 5pm.


"That Council approve the opening and operating hours changes at the Mareeba Landfill Site and Waste Receival Station to take effect 1 December 2014".

BACKGROUND

Council was briefed on the Waste Services Situation Analysis and Risk Identification Review at its workshop on 5 November. A key recommendation of the report highlighted the cost to Council in overtime and penalty rates being paid to keep the site open outside of normal business operating hours. Council officers have now reviewed the operating hours of the Mareeba Landfill Site and Waste Receival Station and it is evident the operating hours can be reduced. The current site operating hours are 7am to 6pm Monday to Sunday. The proposed altered operating hours are 7am to 5pm Monday to Saturday and 8am to 5pm Sundays. This will significantly reduce operating costs without any detriment to the operations of the site. Notice to advise residents of the change in operating hours will need to be published in the local newspapers that are circulating generally in the local government area and the information will also be published on the Mareeba Shire Council website.




CONSULTATION

Internal Director Infrastructure Services Manager Human Resources Environmental Compliance Officer Engineer Water and Waste Mareeba Landfill Site Staff Mareeba Transfer Station Operator External Nil


Nil

POLICY IMPLICATIONS

Public Relation Implications: Council will be better able to demonstrate its service to the community.



Nil


• Notification on the Council website on Monday 24 November 2014 • Advertising through the local newspapers to commence on Wednesday 26 and Friday

28 November 2014.

ATTACHMENTS

Nil



CHIEF EXECUTIVE OFFICER

ITEM-17 2016 QUADRENNIAL ELECTION ARRANGEMENTS DOCUMENT INFORMATION

MEETING: Ordinary


REPORT OFFICER’S TITLE: CEO DEPARTMENT: CEO's Office

EXECUTIVE SUMMARY

The Minister for Local Government has written to Council regarding the 2016 Quadrennial Election arrangements, letter attached. In terms of the Local Government Electoral Act 2011 (which has been amended by the Local Government Legislation Amendment Act 2014), should Council wish to change the arrangements as set out in the Act, submissions must be made to the Minister by 1 March 2015. It is proposed that Council not apply for any change from the current arrangements as provided for in the Act. That is, the Shire remains undivided, the number of Councillors remains unchanged, that the ballot not be conducted as a postal ballot and that the CEO shall be the returning officer.


"That Council resolves that the 2016 quadrennial election be conducted as provided for in the Local Government Electoral Act 2011 (as amended) and that the Local Government area continue as undivided, the poll be conducted by ordinary ballot (voting at polling booths) and that the CEO act as the Returning Officer."

BACKGROUND

The Minister for Local Government has written to Council regarding the 2016 Quadrennial Election arrangements. The Local Government Electoral Act 2011 has been amended by the Local Government Legislation Amendment Act 2014 which now enables Councils to make local decisions regarding how their elections will be conducted. Should Council wish to change current arrangements, it is necessary for Council to prepare a submission to the Minister by 1 March 2015 to give time to the Change Commissioner to consider these and make recommendations to the Minister. Should no submission be made, the status quo will remain. The areas where Council can make submissions are as follows; 1. If the number of Councillors should change; 2. If the Local Government area should change from being undivided;


3. If a postal ballot should be conducted, and 4. If the CEO should not be the Returning Officer. In the case of the first two, any submission proposing a change from the current situation must provide demonstrated community support evidenced by community engagement on the matter. With regard to the number of Councillors, this has been set by the State and is consistent across all Councils in category 3 and the majority of category 4 Councils. Given the efficiency and effectiveness of the current Council and the additional costs of having additional Councillors, allied with the State's current position, it is unlikely that there would be support for increasing the size of the Council and it is recommended that the status quo remain. While there are pros and cons to being an undivided Council or not, it is believed that an undivided Council outweighs the advantages of being divided. It ensures that the entire community elects its Councillors and that to be elected, a candidate must enjoy the support of the entire community rather than one sixth of the community (i.e. elected by 14,200 electors rather than 2,350). This also ensures Councillors have a Shire wide focus rather than having the pressure of having to deal with their own division's issues which may be at odds with the rest of the Shire. It also offers the community the opportunity to elect who they believe are the six best candidates as Councillors across the entire Shire as opposed to being restricted to electing one candidate in their specific division. As a result, it is recommended that Council remain with the status quo. There are certainly many advantages to conducting an election via a postal ballot system and electors across the State have demonstrated a preference of avoiding polling day, evidenced by the large number of pre-poll ballots and applications for postal votes. However, from information available, there is not a high level of community support to have the ballot conducted purely by post and as a result, it is recommended that a normal election is conducted. Electors who wish to vote via post will be able to apply to do so and provision can be made to facilitate pre-polling. With regard to the position of Returning Officer, for many years the CEO was the Returning Officer (unless a Council or CEO decided differently), however, prior to the 2012 election the Act was changed making the Queensland Electoral Commission responsible for conducting Local Government elections. The latest amendment has now returned the power back to Councils. Given the cost of utilising the ECQ and the perceived delays in the tally process, it is recommended that the CEO be the Returning Officer as provided for in the legislation. Given the resources available internally, quotes will be obtained for assistance to be provided in conducting the election.


Governance: Goal - Sound decision-making based on the understanding and confidence of the community, reflected in responsible long-term financial sustainability and clear strategic direction built around core local government business and affordable levels of service.

CONSULTATION

Internal Councillors


External Nil


Nil

POLICY IMPLICATIONS

Nil


Capital Nil Operating Costs for conducting the election will be budgeted for in the 2015/16 budget. Is the expenditure noted above included in the 2014/2015 budget?

N/A

If not you must recommend how the budget can be amended to accommodate the expenditure N/A


Should Council adopt the recommendation, the Minister for Local Government will be informed that Mareeba Shire Council will not be making a submission for changing the arrangements as provided for in the amended Local Government Electoral Act 2011.

ATTACHMENTS

1. Letter from the Minister for Local Government, Community, Recovery and Resilience



ATTACHMENT 1


APPENDIX - COMMITTEE MEETING MINUTES

1. Tourism Kuranda


APPENDIX - FOR INFORMATION

council meeting agenda 19 november 2014

Documents

freehold lot

lots lot

lot subdivision

community services

trevisin property lot

conversion of lease

parish of riflemead

parish of formartine