council meeting agenda 2 december 2015

Ordinary Meeting

Council Chambers Date: 2 December 2015

Time: 9:00am

AGENDA

THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON SATURDAY, 12 DECEMBER 2015 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda Saturday 12 December 2015

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 Northern Building Approvals - Material Change of Use - Residential Units (2 x 3

bedroom units) Lot 20 on NR7834 - 5 Donlen Street, Mareeba - DA/15/0046 .......... 5

ITEM-2 Mareeba Shire Council - Reconfiguring a Lot - Subdivision (1 into 49 Lots and balance area) - Lot 131 SP233810 - 61 Smelter Road, Chillagoe - DA/15/0030 ..... 25

ITEM-3 Change of Development Approval - Boral Resources (Qld) Pty Ltd - Material Change of Use - Extractive Industry - Lot 273 SP235252 & other - Kennedy Highway, Mareeba - MCU/10/0029 ......................................................................... 53

ITEM-4 Golden Drop Winery - Application for advertising sign - Lot 802 on SP162496 - 5834 Kennedy Highway, Mareeba ........................................................................ 143

ITEM-5 Application for conversion of special lease to freehold - Lot 138 DA436, Parish of Southedge ........................................................................................................ 163

ITEM-6 Application for conversion of term lease 234652 - Lot 8 HG686, Parish of Western ................................................................................................................ 171

GOVERNANCE AND COMPLIANCE ...................................................................................... 179 ITEM-7 Bar Barrum People Native Title Claims................................................................. 179

FINANCE ................................................................................................................................ 223 ITEM-8 Sale of Land Due to Rates in Arrears ................................................................... 223

COMMUNITY WELLBEING..................................................................................................... 225 ITEM-9 Community Drought Support Strategy .................................................................. 225

INFRASTRUCTURE SERVICES ................................................................................................ 231

TECHNICAL SERVICES ......................................................................................................... 231 ITEM-10 Tender Evaluation TMSC2015-21 Mareeba Airport Redevelopment -

Ground Clearing - Western Lease Area ................................................................ 231

ITEM-11 Rifle Creek Rest Area, Mt Molloy .................................................................... 235

ITEM-12 Wolfram Road, Dimbulah - Provision of Legal and Practical Access to Lot 14 on HG72, Parish of Leadingham ...................................................................... 237

ITEM-13 Unisex Toilet - Dimbulah and Kuranda Cemeteries ......................................... 261

ITEM-14 Tender Evaluation TMSC2015-24 Full Service Supply & Delivery of Asphalt Overlay Works ...................................................................................................... 265

ITEM-15 Updated Tender Evaluation Contract TMSC2015-18 - NDRRA 2014 Dimbulah Sealed Roads ....................................................................................... 271

ITEM-16 TMSC2015-20 Mareeba Riverside Caravan Park Lease................................. 275

BUSINESS WITHOUT NOTICE .................................................................................................. 280

NEXT MEETING OF COUNCIL .................................................................................................. 280


CORPORATE AND COMMUNITY SERVICES

REGIONAL LAND USE PLANNING

ITEM-1 NORTHERN BUILDING APPROVALS - MATERIAL CHANGE OF USE - RESIDENTIAL UNITS (2 X 3 BEDROOM UNITS) LOT 20 ON NR7834 - 5 DONLEN STREET, MAREEBA - DA/15/0046

DOCUMENT INFORMATION MEETING: Ordinary MEETING DATE: 2 December 2015 REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS

APPLICATION PREMISES

APPLICANT Northern Building Approvals

ADDRESS 5 Donlen Street, Mareeba

DATE LODGED 13 October 2015 RPD Lot 20 on NR7834

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use - Residential Units (2 x 3 bedroom units)

FILE NO DA/15/0046 AREA 801m2

LODGED BY Northern Building Approvals

OWNER B & T Alifraco

PLANNING SCHEME

Mareeba Shire Planning Scheme 2004 (Amendment No. 01/11)

ZONE Residential Zone

LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS Nil

ATTACHMENTS: 1. Proposal Plan/s


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 applicant proposes the construction of 2 x 3 bedroom residential units (duplex) on the subject site. 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. The proposed development will be conditioned to minimise amenity impacts on the surrounding residential area. Draft conditions were provided to the applicant care of their consultant and have been agreed to. It is recommended that the application be approved, subject to 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), relevant period in (E), further permits in (F), and further approvals from Council listed in (G); 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 -

Residential Units (2 x 3 bedroom units)


APPLICANT Northern Building Approvals ADDRESS 5 Donlen Street, Mareeba

DATE LODGED 13 October 2015 RPD Lot 20 on NR7834

TYPE OF APPROVAL

Development Permit


Material Change of Use - Residential Units (2 x 3 bedroom units)


(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 payment of infrastructure charges within the conditions of approval or the Adopted Infrastructure Charges Notice.

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.

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.

Plan/Document Number

Plan/Document Title Prepared by Dated

1582-15 WD01 Site Plan Tony Hales Building Designer 13/10/2015

1582-15 WD02 Floor Plan Tony Hales Building Designer 13/10/2015

1582-15 WD03 Elevations Tony Hales Building Designer 13/10/2015

1582-15 WD04 Elevations Tony Hales Building Designer 13/10/2015


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

3.6 Letterbox Each unit is to be provided with an individual letter box.

3.7 Clothes Drying area Sufficient area for clothes drying is to be provided in addition to the open space requirements of the units and is to be appropriately screened from view of adjoining properties and the street.

4. Infrastructure Services and Standards 4.1 Access

A Commercial access crossover must be constructed (from the edge of the road pavement to the property boundary of the subject lot) in accordance with the FNQROC Development Manual, to the satisfaction of Council’s delegated officer. The applicant/developer is to make an application for driveway access onto a Council road. The application is to be accompanied by the relevant fee and will be required to certify or be assessed for compliance by Council's delegated officer.

4.2 Stormwater Drainage/Water Quality (a) The applicant/developer must take all necessary steps to ensure a

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

(b) Prior to building works commencing the applicant must submit a Stormwater Management Plan and Report prepared and certified by a suitably qualified design engineer (RPEQ) that meets or exceeds the standards of design and construction set out in the Queensland Urban Drainage Manual (QUDM) and the FNQROC Development Manual to the satisfaction of Council’s delegated officer.

(c) The Stormwater Management Plan must consider, at minimum, a Q10 weather event.

(d) The Stormwater Management Plan and Report must include provisions to intercept and control stormwater flows along driveways.

(e) The applicant/developer must construct the stormwater drainage infrastructure in accordance with the approved Stormwater Management Plan and Report.


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

4.3 Car Parking/Internal Driveways The applicant/developer must ensure the development is provided with three (3) on-site car parking spaces, comprising of one (1) covered parking space per unit and one (1) visitor parking space, which are available solely for the parking of vehicles associated with the use of the premises. All car parking spaces and internal driveways must be concrete, bitumen or asphalt sealed, and appropriately drained prior to the commencement of the use and to the satisfaction of Council's delegated officer. All car parking spaces and internal driveways must be constructed in compliance with the following standards, to the satisfaction of Council's delegated officer: - Australian Standard AS2890:1 Off Street Parking – Car Parking Facilities; - Australian Standard AS1428:2001 – Design for Access and Mobility.

4.4 Landscaping & Fencing 4.4.1 Prior to the issue of a development permit for building works, a

landscape plan must be prepared and submitted to Council's delegated officer for consideration and approval. The landscape plan should demonstrate compliance with the Landscaping Code and plant species used should be generally in accordance with Schedule A of Planning Scheme Policy No. 9 - Landscaping. Landscaping of the site must be carried out in accordance with the endorsed landscape plan prior to the commencement of the use, and mulched, irrigated and maintained to the satisfaction of Council's delegated officer.

4.4.2 Prior to the commencement of the use, a solid 1.8 metre high timber paling (no gaps) or colorbond fence (neutral colour) is to be erected along the full length of the site's common boundary with Lot 19 on RP740100, Lot 14 on RP735551 and Lot 21 on RP740100. The abovementioned fencing is to be erected and maintained in good order for the life of the development, to the satisfaction of Council's delegated officer.

4.5 Lighting Where outdoor lighting is required the developer shall locate, design and install lighting to operate from dusk to dawn within all areas where the public will be given access, which prevents the potential for light spillage to


cause nuisance to neighbours and must be provided in accordance with Australian Standard 1158.1 – Lighting for Roads and Public Spaces. Illumination resulting from direct, reflected or other incidental light emanating from the subject land does not exceed 8 lux when measured at any point 1.5m outside the property boundary of the subject site. The lighting fixtures installed on site must meet appropriate lux levels as documented within Australian Standard 4282 – Control of the Obtrusive Effects of Outdoor Lighting.

4.6 Water Supply Where the existing reticulated water supply does not currently service the site or is not at an adequate capacity, the developer is required to extend or upgrade the reticulated water supply infrastructure to connect the site to Council’s existing infrastructure at a point that has sufficient capacity to service the development in accordance with FNQROC Development Manual standards (as amended). If a new or upgraded water service connection is required to service the development, it must be provided in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer. Each dwelling unit is required to be separately metered.

4.7 Sewerage Connection The developer must connect the proposed development to Council’s reticulated sewerage system in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer. Where sewerage connections are not available to the site, or where existing connections are not satisfactory for the proposed development, the developer is required to extend or upgrade the reticulated sewerage infrastructure to connect the site to Council’s existing infrastructure at a point that has sufficient capacity to service the development in accordance with FNQROC Development Manual standards (as amended).

(D) ASSESSMENT MANAGER’S ADVICE (a) An Adopted Infrastructure Charges Notice has been issued with respect to the

approved development. The Adopted Infrastructure Charges Notice details the type of infrastructure charge/s, the amount of the charge/s and when the charge/s are payable.

(b) The Adopted Infrastructure Charges Notice does not include all charges or payments that are payable with respect to the approved development. 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.


(c) Water Meters/Water Service Connection Prior to the water service connection works commencing and the installation of the meters by Council, an application for a Plumbing Compliance Permit is required to be submitted with detailed hydraulic drawings. The cost of the required water connection and meter (capping of any existing meter may be required) will be determined based upon the approved hydraulic drawings at the time of lodgement of a Water Quotation Request.

(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) 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.

(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.datsip.qld.gov.au

(E) 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);

(F) 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

Access approval arising from condition number 4.1 (Please contact Planning Section to obtain application form and applicable fee).

2. That an Adopted Infrastructure Charges Notice be issued for the following

infrastructure charge/s for:

THE SITE

The subject site is situated at 5 Donlen Street, Mareeba, and is described as Lot 20 on NR7834, Parish of Tinaroo, County of Nares. The site is regular in shape with a total area of 801m2 and is zoned Residential under the Mareeba Shire Planning Scheme 2004. The land contains approximately 20 metres of frontage to Donlen Street which is constructed to bitumen sealed standard including kerb and channel. The site remains unimproved and is cleared and grassed. Being an urban allotment, connections to all urban services are achievable. All surrounding allotments are also zoned Residential and are used for low density residential uses.

Development Type Rate Measure Charge Credit Detail Balance

$ per EDC EDC EDC

Augmentation of the Road Network Contributions (Mareeba South)

$4,315.00 1.46 $6,299.90 1

($4,315.00) $1,984.90

Open Space Contributions $4,315.00 1.46 $6,299.90 1

($4,315.00) $1,984.90

Water Supply Headworks Contributions

$4,315.00 1.2 $5,178.00 1

($4,315.00) $863.00

Sewerage Headworks Contributions

$4,315.00 1.6 $6,904.00 1

($4,315.00) $2,589.00

TOTAL CURRENT AMOUNT OF CHARGE $7,420.00

"


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 - Residential Units (2 x 3 bedroom units) in accordance with the plans shown in Attachment 1. The proposed residential units (duplex) will be attached to each other (separated by a party wall) and will contain a gross floor area approximately 170m2 each. Each unit will incorporate the following:

Kitchen, dining and living area;

3 bedrooms;

Single bathroom and toilet; and

Single enclosed garage. Both units will be accessed via a common driveway off Donlen Street with one (1) visitor parking space provided at the end of this driveway. Each unit will be provided with an area of private open space in excess of 25m2 which will be privatised with internal and boundary fencing. The development will be connected to all urban services.

REGIONAL PLAN DESIGNATION

The subject site is included within the Urban Footprint land use category in the Far North Queensland Regional Plan 2009-2031. Mareeba is identified as a Regional Activity Centre in the Regional Plan.

The site contains no areas of ecological significance.

PLANNING SCHEME DESIGNATIONS

Planning Scheme Definitions The proposed use is defined as:-

"Residential units means the use of premises for residential purposes comprising two or more dwelling houses which may be attached or detached."

Strategic Framework: Major Urban Growth Node (Mareeba)

Zone: Residential


RELEVANT 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 4.1 Compact Urban Form

Land Use Policy Complies Comments

4.1.1 Urban development is contained within the urban footprint

Complies - The subject site is situated within the Urban Footprint.

4.1.2 Urban development is sequenced to ensure logical and orderly land use and infrastructure delivery.

Complies - The subject land is an undeveloped serviced allotment within a developed residential neighbourhood.

4.1.3 Development within the key regional growth areas achieves the strategic planning intent of the subregional narratives

Complies. The development will increase population density within the Mareeba urban footprint.

4.1.4 Higher dwelling densities are achieved within appropriate areas.

Complies. The development will increase population density within the Mareeba urban footprint.

4.1.6 An increasing proportion of dwellings are supplied from infill and redevelopment within appropriate areas.

Complies.

DRO 4.2 Regional Activity Centres


4.2.1 Regional activity centres are identified and operate as a network in accordance with the regional hierarchy (see table 6 and map 9).

Complies - Mareeba is identified as a Major Regional Activity Centre. The proposed development is consistent with Mareeba's position in the regional hierarchy.

4.2.2 Development of regional activity centres results in consolidation in the central core and surrounding frame, is of appropriate type and scale, and is accommodated by efficient use of land and buildings.

Complies - The proposed residential units are considered to be an efficient use of the subject land to help meet the demand for unit housing within Mareeba.


(b) State Planning Policy The Department of State Development, Infrastructure and Planning has 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 officer assessment of the proposed development against the provisions contained within the SPP has been undertaken and it is not considered to be in conflict with any relevant aspect of the SPP. (c) Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

Relevant Desired Environmental Outcomes

DRO 4.4 Housing Choice & Affordability


4.4.1 An appropriate range and mix of dwelling types and sizes are provided in new residential developments.

Complies - The proposed development will provide a range and mix of dwelling types in the Mareeba Township that will service a ranging demographic.

DEO Complies Comments

(g) The standard and location of the built environment, particularly in Mareeba and Kuranda, minimise the use of non-renewable resources, having regard to associated wastewater and effluent disposal infrastructure.

The subject land is serviced by existing water, sewerage, electrical and telecommunication infrastructure. Donlen Street is bitumen sealed from kerb to kerb. The proposed development will have a minimal impact on non-renewable resources.

(h) All members of the community have appropriate access to relevant services and facilities that meet their needs and create a sense of community satisfaction.

The proposed development will increase the availability of rental accommodation within Mareeba. The location of the subject land provides good access to existing shops, schools, medical facilities and recreational services.


Relevant Development Codes

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

Part 4, Division 6 Residential Zone Code Part 6, Division 5 Car Parking 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.

(i) The efficient use, extension and safe operation of infrastructure are maximised, including roads, rail, aerodromes, water and sewerage systems.

The subject land is serviced by existing transport, drainage, water, sewerage, electrical and telecommunication infrastructure.

(l) Residential uses are consolidated in identified urban nodes, including the existing townships and settlements and the rural landscape is protected from encroachment of urban uses.

Mareeba is identified as a Major Urban Growth Node. The subject land is located within the Residential zone and within the Mareeba Major Urban Growth Node.

(n) Mareeba’s role and identity as the main business, economic centre and regional service centre and gateway to the Cape is consolidated.

The proposed development reinforces Mareeba's intended role.

(o) The Mareeba township and the Myola district, as identified by the Myola Feasibility Study are the primary residential nodes to accommodate future urban growth in accordance with the FNQ Regional Plan.

The application proposes an urban development within the Mareeba township.

Relevant Codes Comments

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

4.33 Residential Units - Probable Solution PS1.6 (ii)

Refer to planning discussion section of report.

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

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


(e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 4 - Development Manual All development works are required to be designed and constructed in accordance with FNQROC Development Manual standards. (f) Adopted Infrastructure Charges Notice Water Supply In accordance with Planning Scheme Policy No. 2 - Headworks Charges for Water Supply and Sewerage, a contribution towards water supply headworks is applicable. The EDC equivalency rates for water supply are as follows:

0.6 EDC per 3 bed unit (attached)

Existing allotment - 1 EDC credit The applicable water supply EDC = (2 x 0.6 EDC) - 1 = 0.2 EDC Based on the 2014/2015 water supply headworks contribution rate (see Fees and Charges Schedule), the following contribution is payable:

0.2 EDC x $4,315.00 = $863.00 Sewerage Supply In accordance with Planning Scheme Policy No. 2 - Headworks Charges for Water Supply and Sewerage, a contribution towards sewerage headworks is applicable. The EDC equivalency rates for sewerage are as follows:

0.8 EDC per 3 bed unit

Existing allotment - 1 EDC credit The applicable sewerage EDC = (2 x 0.8) - 1 = 0.6 EDC Based on the 2014/2015 sewerage headworks contribution rate (see Fees and Charges Schedule), the following contribution is applicable:

0.6 EDC x $4,315.00 = $2,589.00 Roadworks In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, a contribution towards the augmentation of the road network is applicable. Council has historically used the rate of 0.73 per unit in determining the applicable augmentation of the road network contribution for residential unit development.


0.73 per unit

Existing allotment - 1 credit The applicable road contribution = (2 x 0.73) - 1 = 0.46 EDC Based on the 2014/2015 augmentation of the road network contribution rate (see Fees and Charges Schedule), the following contribution is applicable:

0.46 EDC x $4,315.00 = $1,984.90 Parks In accordance with Planning Scheme Policy No. 5 - Open Space Contributions, a contribution towards open space is applicable. Council has historically used the rate of 0.73 per unit in determining the applicable open space contribution for residential unit development.

0.73 per unit

Existing allotment - 1 credit The applicable road contribution = (2 x 0.73) - 1 = 0.46 EDC Based on the 2014/2015 augmentation of the road network contribution rate (see Fees and Charges Schedule), the following contribution is applicable:

0.46 EDC x $4,315.00 = $1,984.90 REFERRALS Concurrence This application did not trigger referral to a Concurrence Agency. Advice This application did not trigger referral to an Advice Agency. Internal Consultation Development Engineering - Access PUBLIC NOTIFICATION The development proposal was placed on public notification from 21 October 2015 to 11 November 2015. The applicant submitted the notice of compliance on 12 November 2015 advising that the public notification requirements were carried out in accordance with the requirements of the Act. No submissions were received.


PLANNING DISCUSSION Noncompliance with the relevant acceptable solutions or probable solutions/performance criteria contained within the above Codes are summarised as follows: Residential Zone Code - 4.33 Residential Units

S1 Residential units are located close to essential services and do not detrimentally affect the amenity of the locality (Preferred Area No 1, as identified on Planning Scheme Maps Z2 and Z3). PS1.6 Population density does not exceed:

(ii) for land outside Preferred Area No 1 - 50 persons per hectare.

Comment PS1.6 - The proposed development represents an assumed population density of 82.4 persons per hectare. This density would exceed the 50 persons per hectare density nominated by probable solution PS1.6(ii). The Mareeba Shire Planning Scheme 2004 calculates population density at 3.3 persons per three bedroom unit. This population density assumption is carried over from the 1982 planning scheme and as such, does not reflect the reduction in average household sizes that has occurred over the past 30 years. Notwithstanding the relatively minor exceedance of the probable solution population density, development which is consistent with Specific Outcome S1 is consistent with the Residential Zone Code. With regard to Specific Outcome S1, the proposed development is located within reasonable proximity to essential services as well as commercial services. Given the design of the proposed unit complex, the development is also not likely to detrimentally affect the amenity of the surrounding area. The proposed development is considered to be relatively low intensity and is unlikely to have an adverse effect on the character or amenity of the area. The development satisfies Specific Outcome S1.

Date Prepared: 12 November 2015


ATTACHMENT 1 APPROVED PLANS (ECM VS 3723451)


ITEM-2 MAREEBA SHIRE COUNCIL - RECONFIGURING A LOT - SUBDIVISION (1 INTO 49 LOTS AND BALANCE AREA) - LOT 131 SP233810 - 61 SMELTER ROAD, CHILLAGOE - DA/15/0030

DOCUMENT INFORMATION MEETING: Ordinary MEETING DATE: 2 December 2015 REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS


APPLICANT Mareeba Shire Council ADDRESS 61 Smelter Road, Chillagoe

DATE LODGED 2 June 2015 RPD Lot 131 on SP233810

TYPE OF APPROVAL

Development Permit


Reconfiguring a Lot - Subdivision (1 lot into 49 lots and balance area)

FILE NO DA/15/0030 AREA 32.46 hectares

LODGED BY Mareeba Shire Council OWNER Mareeba Shire Council

PLANNING SCHEME

Mareeba Shire Planning Scheme 2004 (Amendment No. 01/11)

ZONE Industry

LEVEL OF ASSESSMENT

Code Assessment

SUBMISSIONS n/a

ATTACHMENTS: 1. Proposal Plan/s

2. Department of Infrastructure, Local Government and Planning Referral Agency Response - 18 November 2015

EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is code assessable and was not required to undergo public notification. The applicant, Mareeba Shire Council, proposes the reconfiguration of the site into 49 lots and balance area. The proposed allotments are already delineated as leasehold parcels with the subdivision sought to separately title the leasehold parcels to allow their individual sale.


The balance land is generally unusable due to topographical constraints and will remain undeveloped at this time. 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 not considered to be in conflict with any relevant planning instrument. The proposal differs from a conventional industrial estate development as the 49 proposed lots will be provided free from conventional service infrastructure such as water, sewer and power. Each lot will however be provided with a means of access via the estate's existing network of formed gravel roads. The limited service infrastructure is not considered unreasonable given the location of the estate on the outskirts of the Chillagoe Township, and the overall intent of the proposal which is to allow the individual sale of each lot at a price that would be responsive to the Chillagoe property market. Given the fact that the industrial estate could be fully developed under its current leasehold arrangement and existing level of servicing, separately titling these parcels without further infrastructure upgrades is not likely to compromise the amenity or functionality of the industrial estate once subdivided. It is recommended that the application be approved in full, subject to minimal conditioning.


"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 Reconfiguring a Lot -

Subdivision (1 lot into 49 lots and balance area)


APPLICANT Mareeba Shire Council ADDRESS 61 Smelter Road, Chillagoe

DATE LODGED 2 June 2015 RPD Lot 131 on SP233810

TYPE OF APPROVAL

Development Permit


Reconfiguring a Lot - Subdivision (1 lot into 49 lots and balance area)


(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 or the payment of infrastructure charges/contributions contained 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 required to be made to the Council (including contributions, charges and bonds) pursuant to any condition of this approval must be made prior 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



0601701 Survey of Chillagoe Industrial Estate

Mareeba Shire Council 9/03/2006


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

3.6 Where approved existing buildings and structures are to be retained, setbacks to any new property boundaries are to be in accordance with Planning Scheme requirements for the relevant structure and/or Queensland Development Code. Where existing building/s are in proximity to new property boundaries, a plan demonstrating compliance with the required setback must be submitted prior to endorsement of the plan of survey.

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

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

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

3.10 Bushfire Management At the time of any new construction on a lot, a bushfire management plan must be prepared to the satisfaction of Council's delegated officer. The development of the lot must comply with the requirements of the bushfire management plan at all times.

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

4. Infrastructure Services and Standards

4.1 Stormwater Drainage (a) The applicant/developer must take all necessary steps to ensure a

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

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

4.2 On-Site Wastewater Management At the time of construction on any new lot, any associated 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.

(D) ASSESSMENT MANAGER’S ADVICE

(a) Endorsement Fees

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.

(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) 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

conditions regarding flood immunity

At time of construction on each lot an on-site effluent disposal system must be constructed in compliance with the latest version On-Site Domestic Wastewater Management Standard (ASNZ1547).

(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.datsip.qld.gov.au.


(E) CONCURRENCE AGENCY CONDITIONS

Department of Infrastructure, Local Government and Planning conditions dated 18 November 2015

(F) 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);

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

Nil

(H) OTHER APPROVALS REQUIRED FROM COUNCIL

Nil"

THE SITE

The subject site is situated approximately 1.2 kilometres north-west of the Chillagoe Township at 61 Smelter Road, Chillagoe, and is described as Lot 131 on SP233810, Parish of Chillagoe, County of Lynd. The site has a total area of 32.46 Ha and is zoned Industry under the Mareeba Shire Planning Scheme 2004. Railway corridor and road reserves fragment the site into four distinct land portions. Usable areas of the site are currently divided into 48 leasehold parcels. Those parts of the site not leased are generally unusable due to topographical constraints (slope, large rock formations). The 48 existing leasehold parcels all have frontage to a gazetted road (either Smelter Road, Zillmanton Road or Pont Street). All three roads are constructed to formed gravel standard and each leasehold parcel (proposed allotment) is able to achieve practical all-weather access from the respective road. Zillmanton Road and Pont Street both contain rail crossings over the unused section of rail corridor which bisects the subject land. Both are gravel crossings with the defunct rail infrastructure buried underneath. Zillmanton Road is constructed off alignment following its commencement from Smelter Road. A new section of road reserve is proposed to rectify this issue. The majority of the site remains unused and vegetated and contains a noticeable drainage feature commencing towards its centre and flowing generally in a north-west direction. A concrete causeway has been constructed along Pont Street over this seasonal watercourse. Of the 48 existing leasehold parcels, 34 are currently under private lease. Of the 34 leased parcels, approximately 12 parcels are currently occupied with industry uses with some including caretaker accommodation. Cairns Marble Australia Pty Ltd currently occupies lease lots 8 - 12. Other lease lots contain abandoned infrastructure including sheds, greenhouses and other unknown structures.


The Cairns Mable lease appears to be the only lease within the estate that is connected to electricity. Telecommunications infrastructure is available to a number of lots with infrastructure running north along Smelter Road as far as lease lot 8 (Cairns Marble) and as far west as lease Lot 21. Land immediately surrounding the subject site is zoned Rural under the Planning Scheme and remains relatively unused. The Chillagoe Landfill is situated immediately to the south of the site, while a lime plant is situated to the east of the site on Smelter Road.




BACKGROUND AND CONTEXT Moves to establish an Industrial Estate at Chillagoe began in 1984 by the Mareeba Shire Council. Following negotiations between Council, Land Administration Commission and Department of Main Roads, a 30 year special lease for the industrial estate was offered to the Council. The special lease was freeholded by the Tablelands Regional Council in 2012. The estate has lawfully existed in its current form (49 Lots) for over twenty-five (25) years and sub-leases have been held over many lots in the estate over this period. This application does not seek to change the lot layout or to significantly increase the number of lots in the estate (1 lot increase). The only change proposed is to the tenure of the lots, from lease to freehold.

PREVIOUS APPLICATIONS & APPROVALS Nil

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Reconfiguring a Lot - Subdivision (1 lot into 49 lots and balance area) in accordance with the plans shown in Attachment 1.


The applicant proposes the reconfiguration of the subject site into 49 Lots and balance area. 48 of the 49 proposed allotments are already surveyed off as leasable parcels, while it is proposed to split one (1) of the lease parcels into two (2) proposed allotments (proposed Lots 36 and 37). The balance land is generally unusable due to topographical constraints and, at this time, will remain undeveloped. Each proposed lot will contain a minimum area of 4,000m2 and a minimum frontage of 40 metres. The proposal is sought to create separate titles over the existing leasehold parcels to allow their sale on the open market. A number of leaseholders have approached Council indicating their desire to purchase their lease plots which is not possible under the current arrangement. In order to maintain the affordability of the proposed new lots, they will be provided without any additional servicing or infrastructure upgrades. Put simply, the proposed allotments will be provided as is with no added service infrastructure such as reticulated water and sewer, electricity and telecommunications. Given the location of the subject site, the provision of this infrastructure would increase development costs, which would be carried over onto the final sale price of each allotment, above what could realistically be achieved in the Chillagoe property market. Zillmanton Road is currently constructed off alignment in places. It is also proposed to create new road reserve, ensuring that Zillmanton Road's current formation is situated entirely within road reserve. A new section of stub road reserve is also proposed branching off the northern side of Pont Street to achieve some connectivity with the northern adjoining lot.

REGIONAL PLAN DESIGNATION

The subject site is included within the Urban Footprint land use category in the Far North Queensland Regional Plan 2009-2031. Chillagoe is identified as a Rural Activity Centre in the Regional Plan. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site as:

Terrestrial Area of General Ecological Significance

PLANNING SCHEME DESIGNATIONS

RELEVANT 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

Zone: Industry

Overlays:

Natural & Cultural Heritage Features Overlay Airport & Aviation Facilities Overlay Natural Disaster - Bushfire Overlay


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 1.1 Biodiversity Conservation


1.1.4 Urban development in or adjacent to areas of general ecological significance (see map 3) is located, designed and operated to avoid or, where avoidance is not possible, minimise any adverse impacts on ecological values where possible.

The subject site is situated within the urban footprint. The proposed reconfiguration will not result in any additional clearing outside what could already occur under the estate's current leasehold arrangement.

DRO 1.3 Air and Acoustic Environment Protection


1.3.1 Urban design, industrial and residential subdivision layout, building design and operational practices are adopted that act to minimise air and noise emissions and the impacts of emissions on sensitive land uses.

Complies - The subject site is situated on the north-west outskirts of Chillagoe and is appropriately setback from any lawful sensitive land use. The proposed subdivision is consistent with the site's zoning and is sought to separately title already existing leasehold industrial parcels to accommodate their individual sale.

1.3.3 Sensitive land uses should be separated from activities that generate noise and air emissions including commercial, recreational activities such as motorsports, intensive agricultural land uses, major transport facilities and industrial developments to ensure that existing air and noise emitters are not affected by the encroachment of sensitive land uses.

Complies - The subject site is situated on the north-west outskirts of Chillagoe and is appropriately setback from any lawful sensitive land use.


(b) State Planning Policy The Department of State Development, Infrastructure and Planning has 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.

DRO 4.1 Compact Urban Form


4.1.1 Urban development is contained within the urban footprint

Complies - The subject site is contained within the urban footprint.

4.1.2 Urban development is sequenced to ensure logical and orderly land use and infrastructure delivery.

Complies - The subject site is zoned Industry under the Planning Scheme and the proposed reconfiguration to create 49 industrial allotments is considered to be consistent with the Planning Scheme Zoning.

The proposal is sought to separately title existing leasehold parcels and will not be provided with conventional service infrastructure (water, sewer etc.). Despite the lack of servicing, the proposed development is not likely to compromise the planning intent of the industrial estate which is to support future industrial development.

DRO 5.2 Industry and Business Development


5.2.3 Use of existing infrastructure to support industry development is maximised and new infrastructure supports industry requirements and is planned in line with industry demand.

Complies where relevant - The proposed industrial estate will be serviced by an existing road network which includes the State controlled Burke Development Road. Safe and convenient access will be available to each proposed allotment. The site is already split into 48 leasehold parcels and the subdivision approval is sought to allow the creation of separate titles over these leasehold parcels to allow their individual sale. The applicants (Council) do not propose any additional servicing or upgrades to existing road infrastructure with the lots being sold as is.

Council recognise the need to keep the proposed allotments at an affordable price for both existing leaseholders and for future prospective purchasers. Providing the allotments free from conventional service infrastructure will drastically help minimise the final sale price of each allotment.

Given the standard of established uses on existing leasehold parcels as well as the site's location in an outlying small rural town, the proposed lack of servicing provided to each lot is not likely to detract from the use of the land for future industrial development.

5.2.4 Opportunities for expansion of business and industry are facilitated and promoted through the identification, protection and planning (including reuse and rehabilitation) of suitable sites.

Complies - The proposed development is sought to separately title existing leasehold parcels to allow their individual sale. Although major growth in the industrial estate is not likely given its location, the proposed reconfiguration is not likely to compromise future industrial development in the estate.


An officer assessment of the proposed development against the provisions contained within the SPP has been 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

48 of the proposed 49 allotments already exist as leasable industrial lots. The proposed reconfiguration is sought to separately title these lease blocks to allow their individual sale. The proposed allotments will be provided as is with no additional service infrastructure or upgrades to the estate's existing access roads. The proposed development is not likely to detrimentally impact on the site's ecological values any more than what could occur under the estate's existing leasehold arrangements.


Water quality

Receiving waters - a development application for any of the following:

(1) a material change of use for urban purposes that involves a land area greater than 2500 square metres that:

(a) will result in an impervious area greater than 25 per cent of the net developable area, or

(b) will result in six or more dwellings, or

(2) reconfiguring a lot for urban purposes that involves a land area greater than 2500 square metres and will result in six or more lots, or

(3) operational works for urban purposes that involve disturbing more than 2500 square metres of land.

Receiving waters

Development:

(1) avoids or otherwise minimises adverse impacts on the environmental values of receiving waters, arising from:

(a) altered stormwater quality or flow, and

(b) wastewater (other than contaminated stormwater and sewage), and

(c) the creation or expansion of non-tidal artificial waterways, and

(2) complies with the SPP code: Water quality (Appendix 2).

Comment

48 of the proposed 49 allotments already exist as leasable industrial lots. The proposed reconfiguration is sought to separately title these lease blocks to allow their individual sale. The proposed allotments will be provided as is with no additional service infrastructure or upgrades to the estate's existing access roads. The proposed development is not likely to detrimentally impact on the site's ecological values any more than what could occur under the estate's existing leasehold arrangements.


(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 10 Industry Zone 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.

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 subject site is not situated within a mapped landslide or coastal hazard area. The SPP mapping does place portions of the site in the Level 1 flood hazard area; however, this is considered a mapping discrepancy with flooding contained to the small water course which traverses the site. The proposed development will not result in an increase in the number of people living or working within a bushfire hazard area outside what could already occur under the estate's current leasehold arrangement. A bushfire management plan can be conditioned if necessary.


(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) Reticulated water supply is provided throughout the Chillagoe Township but does not extend out to the industrial estate. The proposed reconfiguration will formalise the site's existing leasehold arrangements (49 leasehold parcels) and will be provided free from services as are the existing leasehold parcels. The proposed lack of servicing will not be any different to the existing arrangements and will ensure lots can be developed with minimal cost to the developer (Council) thus minimising flow on costs to potential purchasers. No. 4 - Development Manual The proposed subdivision is sought to separately title the existing leasehold parcels to allow their individual sale. The proposed allotments will be provided at their current extent with no

Relevant Codes Comments

Industry Zone Code The application does not comply with a number of acceptable/probable solutions contained within the code relating to infrastructure servicing, in particular:

Road construction standards;

Water supply;

Sewer connection/on-site wastewater disposal; and

Telecommunications and electricity supply

Despite this non-compliance, the proposed development is considered to achieve the code's Overall Outcomes.


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 does not comply with a number of specific outcomes (no probable solutions provided) contained within the code relating to infrastructure servicing, in particular:

Water supply;

Sewerage connection/on-site wastewater disposal;

Drainage; and

Telecommunications and electricity supply

Despite this non-compliance, the proposed development is considered to achieve the code's overall outcomes for where new lots are created.



additional services or upgrades to existing infrastructure proposed in order to minimise the final sale price of each proposed allotment. Given that the estate could be fully developed under the current leasing arrangements, the lack of servicing provided is not likely to impact on the amenity or functionality of the industrial estate once subdivided. (f) Adopted Infrastructure Charges Notice The application proposes the conversion of the existing leased allotments to individual freehold titles. The change in tenure will not increase demand on services. Furthermore, the intention to sell these allotments with minimal services would be at odds with the levying of infrastructure charges. REFERRALS Concurrence The application triggered referral to the Department of Infrastructure, Local Government and Planning as a Concurrence Agency (State controlled road & railway infrastructure). That Department advised in a letter dated 18 November 2015 that they require the conditions to be attached to any approval (Attachment 2). Advice This application did not trigger referral to an Advice Agency. Internal Consultation Technical Services Group PLANNING DISCUSSION The proposed subdivision is sought to separately title the existing leasehold parcels to allow their individual sale. The proposed allotments will be offered for sale with no additional services or upgrades to existing infrastructure proposed in order to minimise the final sale price. Whilst town water, sealed roads and connection to the electricity grid is desirable, in reality, to supply these services would result in a final land cost so high that it would be well above the actual land value, well beyond Council's capacity to fund, and unaffordable by the Chillagoe business community. Given that the estate could be fully developed under the current leasing arrangements and minimal level of servicing, the minimal services provided is not likely to impact on the amenity or functionality of the industrial estate once subdivided. Code Compliance Non-compliance with the relevant acceptable/probable solutions and specific outcomes contained within the relevant development codes is discussed below:


Industry Zone Code Overall Outcomes for Industry Zone Code

(1) The overall outcomes are the purpose of the Industry zone code. (2) The overall outcomes sought for the Industry Zone Code are to achieve an area

that: (a) provides the Mareeba Shire with an allocation of land for a wide range of

industrial activities for the short, medium and long term economic and social wellbeing of the region;

(b) provides a consolidated industrial node at a scale readily accessible to markets, transportation networks and employment;

(c) provides adequate services to cater for the needs of industry whilst ensuring likely environmental and social impacts of industrial developments and activities e.g. both construction and operational impacts) and the cumulative impacts of trucks/transportation to and from industrial sites are minimised;

(d) protects Preferred Area No. 4 on Map Z5 for aviation related industries and uses.

Comment The proposed development is non-compliant with a number of the Industry Zone code's probable solutions as the development will not involve the provision of conventional service infrastructure such as water supply, sewerage, power and telecommunications. Access to each allotment will be readily available via a number of gazetted formed gravel roads that traverse the estate. Where a site is situated outside a benefited area for reticulated water supply and sewerage, the Industry Zone code does allow for on-site water supply and wastewater disposal which, in this case, can be achieved at time of construction on each new lot. The intent of the development is to separately title the site's existing leasehold parcels to allow their individual sale at a price that would be responsive to the Chillagoe property market. It is also important to note that as the estate could be fully developed under the current leasehold arrangement and minimal level of servicing, the minimal services proposed is not likely to impact on the amenity or functionality of the industrial estate once subdivided. Although the proposed development is non-compliant with a number of the code's lower order probable solutions, overall, the development is considered to achieve the higher order overall outcomes outlined above.

Reconfiguring a Lot Code Overall Outcomes for Reconfiguring a Lot code

(1) The overall outcomes are the purpose of the code. (2) The overall outcomes sought for Reconfiguring a Lot code are the following:


(c) If a new lot is created, the lot is, or is capable of being, adequately serviced having regard to how the land is proposed to be used and the circumstances of its location;

Comment The proposed development does not include any service infrastructure upgrades (water supply, sewerage, power, electricity) and is therefore non-compliant with specific outcome S1 and S2 of the Reconfiguring a Lot code (no probable solutions provided). The intent of the development is to separately title the site's existing leasehold parcels to allow their individual sale at a price that would be responsive to the Chillagoe property market. It is also important to note that as the estate could be fully developed under the current leasehold arrangement and minimal level of servicing, the minimal services proposed is not likely to impact on the amenity or functionality of the industrial estate once subdivided. Although the proposed development is non-compliant with specific outcome S1 and S2, overall, the development is considered to achieve the higher order overall outcome outlined above.



ATTACHMENT 1 APPROVED PLANS (ECM VS 3673469)


ATTACHMENT 2


ITEM-3 CHANGE OF DEVELOPMENT APPROVAL - BORAL RESOURCES (QLD) PTY LTD - MATERIAL CHANGE OF USE - EXTRACTIVE INDUSTRY - LOT 273 SP235252 & OTHER - KENNEDY HIGHWAY, MAREEBA - MCU/10/0029

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 2 December 2015

REPORT OFFICER’S TITLE: Senior Planner

DEPARTMENT: Corporate and Community Services


APPLICANT Boral Resources (Qld) Pty Ltd

ADDRESS Kennedy Highway, Mareeba

DATE REQUEST FOR CHANGE TO DEVELOPMENT APPROVAL LODGED

12 October 2015 RPD Lot 273 on SP235252, Lot 3 on RP735873, Lot 4 on RP738588 and Easement A on SP224695 in Lot 31 on CP USL21043

TYPE OF APPROVAL

Development Permit


Material Change of Use - Extractive Industry and Material Change of Use for environmentally relevant activities ERA 8(3)(a), ERA 16(2)(c), ERA 16(3)(b) and ERA 21

FILE NO MCU/10/0029 AREA 82.9 hectares

LODGED BY Boral Resources (Qld) Pty Ltd OWNER Boral Resources (Qld) Pty Ltd and State of Queensland (Lot 31 on CP USL21043)

PLANNING SCHEME

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

ZONE Rural zone

LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS One (1) submission in support


ATTACHMENTS: 1. Decision Notice dated 10 August 2011. 2. Applicant’s request to change development approval dated 12

October 2015. 3. Tichum Creek Proposed Extension - Plan 2 4. DILGP Notice about request for permissible change - 2

November 2015 5. DILGP Notice of Decision - Changed Approval - 17 November

2015

EXECUTIVE SUMMARY

Council approved a development application described in the above application details at it’s meeting held on 3 August 2011, subject to conditions. The application was impact assessable and one (1) properly made submission was received in response to public notification of the application. The applicant has subsequently lodged an application to change the development approval with regard to the approved plans. The proposed change would increase the approved extraction footprint by less than 15% to correspond with the actual extent of the hard rock resource. Statutory Guideline 06/09 (Substantially different development when changing applications and approvals) provides assistance to the assessment manager in determining if a proposed change constitutes a substantially different development. It is considered that the proposed change/s will not result in a substantially different development and constitute a permissible change under section 367 of SPA. It is recommended that the application be approved in full.


“1. That in relation to the application to change the following development approval:

and in accordance with the Sustainable Planning Act 2009: (A) The approved plan/s of Council’s Decision Notice issued on 10 August 2011 be amended as follows:


APPLICANT Boral Resources (Qld) Pty Ltd

ADDRESS Kennedy Highway, Mareeba

DATE REQUEST FOR CHANGE TO DEVELOPMENT APPROVAL LODGED

12 October 2015 RPD Lot 273 on SP235252, Lot 3 on RP735873, Lot 4 on RP738588 and Easement A on SP224695 in Lot 31 on CP USL21043

TYPE OF APPROVAL

Development Permit


Material Change of Use - Extractive Industry and Material Change of Use for environmentally relevant activities ERA 8(3)(a), ERA 16(2)(c), ERA 16(3)(b) and ERA 21


6. Approved Plans The approved plans and/or documents for this development approval are listed in the following table.

(B) That Section E Concurrence Agency Conditions of Council's Decision Notice issued on 10 August 2011 be amended as follows:

Department of Infrastructure, Local Government and Planning conditions dated 17 November 2015.

2. A Notice of Decision on Request to Change a Development Approval be issued to the applicant and Department of Infrastructure, Local Government and Planning, State Assessment and Referral Agency (SARA) via email [email protected] (reference: SPD-1015-021869) advising of Council’s decision”.

THE SITE

The subject site is situated on the Kennedy Highway approximately 12.5 kilometres east of Mareeba. The site has a total area of 85.07 hectares and is comprised of the following four (4) allotments:

Lot 3 on RP735873;

Lot 4 on RP738588;

Lot 31 on CP USL21043 (Easement A); and

Lot 273 on SP235252.



7801/17 7801/17Rev3

5 Year Staging Plan Stage 1 Plan

Cardno 9 June 2010 1 October 2015

7801/17 7801/17Rev3



7801/17 7801/17Rev3


Cardno 9 June 2010

1 October 2015

7801/17 7801/17Rev3



7801/17 7801/17Rev3



7801/17 7801/17Rev3




The applicant currently operates the Tichum Creek Quarry on the site for the extraction and processing of hard rock (basalt). The established quarry operations comprise:

The processing (crushing, screening, etc.), treatment, storage, sale and transport of materials, along with the situation of the quarry office, access and weighbridge, on Lot 273 on SP235252;

A quarry pit for the extraction of basalt on Lot 4 on RP738588 (along with the haulage of material extracted from Lot 3 on RP735873 to the processing plant on Lot 273 on SP235252);

A quarry pit for the extraction of basalt on Lot 3 on RP735873. Current extractive operations are conducted in an open pit with free face blasting. Blasting is conducted on ten (10) metre benches, with much of the existing workings down only two (2) to three (3) benches depending on the depth of the basalt flow. The applicant advises that the existing quarry typically extracts up to approximately 360,000 tonnes per annum of hard rock which is used in construction and infrastructure projects throughout the Far North Queensland region. The existing quarry currently employs nine (9) permanent staff, and one (1) casual staff member comprising site operations and local management. Lots 3 and 4 both contain established dwelling houses. The dwelling on Lot 3 is occupied by tenants and the dwelling on Lot 4 is vacant. The dwelling on Lot 3 will continue to be occupied until such time as the land is required to be developed for extractive purposes. Limited agriculture/horticulture remains in the south-west corner of Lot 3. The subject site has frontages of approximately 1,200 metres to the Kennedy Highway and 1,500 metres to Davies Creek Road. The Kennedy Highway is constructed to two (2) lane sealed standard for the entire site frontage. Acceleration and deceleration lanes are provided at the access into the quarry. The quarry is accessed from the Kennedy Highway through Easement A in Lot 31 on CP USL21043. Davies Creek Road is constructed to bitumen standard for the initial 750 metres of frontage. The remainder of the frontage is formed to a gravel standard. An access off Davies Creek Road is provided to the existing dwelling on Lot 3. No quarry access is obtained via Davies Creek Road. The subject site has a history of disturbance, including extractive operations, logging, grazing and agricultural practices. Parts of the subject site are currently mapped by the Department of Natural Resources and Mines as containing Remnant Vegetation comprising mainly least concern vegetation. Dominant vegetation is identified as occurring within the bounds and parts of the site bordering the creek areas to the east. In addition, small portions of the site to the east are mapped as containing Essential Habitat (being identified by the Department of Natural Resources and Mines as an area of habitat which is essential for a species listed as endangered, vulnerable, near threatened or rare under the Nature Conservation Act 1992). The site contains some areas of vegetation and landscape features, which provide suitable habitat for a range of fauna species, particularly those within close proximity to Davies Creek.


BACKGROUND AND CONTEXT On 3 August 2011, Council approved the application made by Cardno HRP on behalf of Boral Resources (Qld) Pty Ltd for a development permit for Material Change of Use - Extractive Industry over land described as Lot 273 on SP235252, Lot 3 on RP735873, Lot 4 on RP738588 and Easement A on SP224695 in Lot 31 on CP USL21043, Parish of Dinden, situated at Kennedy Highway, Mareeba. The decision notice was issued on 10 August 2011 (Attachment 1). Boral Resources (Qld) Pty Ltd have subsequently lodged an application to change the development approval with regard to the approved plans (Attachment 2). The proposed change would increase the approved extraction footprint by less than 15% to correspond with the actual extent of the hard rock resource. Attachment 3 is a detailed plan with the proposed changes marked in black.

ASSESSMENT AND DECISION REQUIREMENTS Permissible change for a development approval The requested changes to the development approval must constitute a permissible change under section 367 of SPA. For deciding whether a change is a permissible change the planning instruments in force at the time of the request apply. A permissible change to the approval would not:-

result in a substantially different development Statutory Guideline 06/09 (Substantially different development when changing applications and approvals) provides assistance to the assessment manager in determining if a proposed change constitutes a substantially different development. The following list provided in the Statutory Guideline identifies changes that may result in a substantially different development and would therefore not be a permissible change under SPA. The list is intended as a guide and is not intended to be exhaustive. A change may result in a substantially different development if the proposed change:

Involves a new use with different or additional impacts

Results in the application applying to a new parcel of land

Dramatically changes the built form in terms of scale, bulk and appearance

Changes the ability of the proposal to operate as intended

Removes a component that is integral to the operation of the development

Significantly impacts on traffic flow and the transport network, such as increasing traffic to the site

Introduces new impacts or increases the severity of known impacts

Removes an incentive or offset component that would have balanced a negative impact of the development

Impacts on infrastructure provision, location or demand


It is considered that the proposed change will not result in a substantially different development.

require referral to additional concurrence agencies The proposed change does not result in a development requiring referral to additional concurrence agencies.

for an approval for assessable development that previously did not require impact assessment – require impact assessment The proposed change does not result in a change to the level of assessment.

for an approval for assessable development that previously required impact assessment – be likely, in the responsible entity’s opinion, to cause a person to make a properly made submission objecting to the proposed change, if the circumstance allowed The proposed change does not give rise to matters which may have attracted further submissions. Nor does the proposed change lessen or delete conditions which were imposed to mitigate impacts of the development.

cause development to which the approval relates to include any prohibited development.

The proposed change does not include any prohibited development.

The proposed change to the development approval constitutes a permissible change to the approval. Assessment rules Section 374 of SPA requires that Council must assess the proposed change having regard to:

the information the person making the request included with the request

The details of the request to change the approval were provided by the applicant in a letter to Council dated 12 October 2015. The proposed changes and response are addressed in the body of this report.

the matters the responsible entity would have regard to if the request were a development application If a new application was lodged for this proposal it would be assessed against the same planning instruments as was the original development application. No additional planning instruments have come into force or changes to the existing planning instruments been made.

if submissions were made about the original application – the submissions The original development application was Impact Assessable and subject to public notification.


One (1) properly made submission (in support of the development) was submitted to the original application. The proposed change does not give rise to matters which may have attracted further submissions. Nor does the proposed change lessen or delete conditions which were imposed to mitigate impacts of the development.

any notice about the request given under section 373 (notices from Concurrence Agencies) to the entity The original application triggered referral to:

Department of Transport and Main Roads - State controlled roads;

Department of Environment and Resource Management - vegetation clearing, environmentally relevant activity and contaminated lands.

On 2 November 2015, the Department of Infrastructure, Local Government and Planning has issued a Notice about request for permissible change advising that it has no objection to the change being made (Attachment 4).

any pre-request response notice about the request No pre-request response notices were received.

REQUEST TO CHANGE THE DEVELOPMENT APPROVAL Approved Plan/s 6. Approved Plans The approved plans and/or documents for this development approval are listed in the following table.

Request by Applicant

Boral operates the Tichum Quarry in accordance with the Development Approval and Environmental Authority issued in 2011 (Council reference MCU/10/0029).



7801/17 5 Year Staging Plan Cardno 9 June 2010







At the time the original development application was being prepared for the abovementioned approval, limited geological investigations were undertaken within budgetary constraints because of the speculative nature of this work. Now that Approvals have been granted, Boral has undertaken more detailed geological investigations including an additional test hole drilling program. These additional investigations have identified additional resources on the edge of the approved quarry footprint and have informed the preparation of more efficient staged extraction plans which will assist with a more efficient extraction program for the site. Boral seeks a permissible change to the Approval for a minor realignment to the quarry footprint which will result in an increase in the size of the approved quarry footprint by less than 15%. Refer to Attachment 5 - Proposed Amended Plans. The proposed permissible change does not involve any other changes to the operational aspects of the quarry. ln particular there will be no changes to the capacity of the quarry, truck movements to or from the site per day or changes to the approved operational hours. The proposed changes to the quarry footprint are important so that Boral can continue to support local jobs and so that the quarry can continue to supply construction materials to the local construction industry and the community. Furthermore the design considers environmental impacts as follows:

The extraction footprint maintains setbacks to Nearest Sensitive Receptors (Dwellings) and / or maintains a minimum setback of 580m which is a greater setback than other existing Approved Setbacks of 200m (therefore the proposed realigned footprint is not expected to have any material impacts on noise, dust or blasting impacts to nearest sensitive receptors)

There will only be negligible impacts on stormwater management because the proposed realignment areas will report to the Pit for treatment.

The Proposed Realignment Areas may affect a small area of Remnant Vegetation (Not of Concern) however clearing of small areas of Not of concern vegetation is consistent with the Self Assessable Code for Vegetation Clearing for Extractive lndustry under the Vegetation Management Act and Sustainable Planning Act.

There are no changes to the other operational aspects of the quarry Proposed Changes to Approval Item 6 of the Approval states: 6. Approved Plans

The following plans and or documents for this approval are listed in the following table:


This proposal seeks approval for the following change to item 6 of the Approval: 6. Approved Plans

The following plans and or documents for this approval are listed in the following table:

Response The proposed change would increase the approved extraction footprint by less than 15% to correspond with the actual extent of the hard rock resource. The change is considered to be minor and permissible. It is recommended that the approved plans be amended as follows: 6. Approved Plans The approved plans and/or documents for this development approval are listed in the following table.











7801/17Rev3 Stage 1 Plan Cardno 1 October 2015







Concurrence Agency Conditions

The Department of Infrastructure, Local Government and Planning has issued an amended concurrence agency response dated 17 November 2015 (Attachment 5). Response The decision notice will be updated to reference the amended concurrence agency response.




7801/17 7801/17Rev3



7801/17 7801/17Rev3



7801/17 7801/17Rev3



7801/17 7801/17Rev3



7801/17

7801/17Rev3

25 Year Staging Plan

Stage 5 Plan Cardno

9 June 2010

1 October 2015

7801/17 7801/17Rev3




ATTACHMENT 1


Other decision notice attachments (Pages 16 to 68) are not included in this report.


ATTACHMENT 2


ATTACHMENT 3


ATTACHMENT 4


ATTACHMENT 5


ITEM-4 GOLDEN DROP WINERY - APPLICATION FOR ADVERTISING SIGN - LOT 802 ON SP162496 - 5834 KENNEDY HIGHWAY, MAREEBA


MEETING: Ordinary


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

EXECUTIVE SUMMARY

Application has been made by Golden Drop Winery for the erection of an advertising billboard on Lot 802 on SP162496, Parish of Tinaroo, situated at 5834 Kennedy Highway, Mareeba. The proposed single sided billboard will be situated towards the north-east corner of the site and will target Kennedy Highway users travelling in a northerly direction towards Mareeba. The billboard will be relocated from its current location approximately 900 metres to the north on Lot 75 on NR1604. The advertising billboards on Lot 75 on NR1604 are being removed on the direction of the land owner who intends to farm this area. Council, at its Ordinary Meeting on 4 November 2015, approved a similar application made by Paradise Outdoor Advertising for the relocation of the other billboard on Lot 75 on NR1604. The proposed location of the billboard falls outside the designated billboard area, as outlined in Council's "Policy for the Assessment of Advertising Billboards". The designated billboard area to the south of the Mareeba Township terminates at the Kennedy Highway's intersection with Vicary Road. This provision is important in maintaining the integrity of the advertising billboards Policy and in most cases, non-compliance with this provision would result in an application being recommended for refusal. Council officers are recommending that Council make an exception in this instance and approve the proposed billboard for the following reasons:

(a) The proposed billboard development will essentially be a relocation of the established Golden Drop Winery billboard which is also sited outside the designated billboard area on Lot 75 on NR1604, approximately 900 metres to the north.

(b) As the development is for the relocation of an existing billboard currently sited in the vicinity, the billboard development is not likely to further compromise road safety or the attractiveness of the local streetscape and tourist scenic routes into and out of the Mareeba Shire.

For those reasons mentioned above, the application is recommended for approval, subject to conditions. It should also be noted that applications for the relocation of billboards outside the approved billboard area have been limited to this application and the previous application approved by Council on 4 November 2015. It is unlikely that Council will receive any more billboard relocation applications between now and the commencement of the draft Planning Scheme, at which point the scheme's provisions for advertising billboards will come into effect.



"That Council approve the application made by Golden Drop Winery for the erection of an advertising billboard on Lot 802 on SP162496, Parish of Tinaroo, situated at 5834 Kennedy Highway, Mareeba, subject to: 1. The facts and circumstances as set out in the application and supporting information

being adhered to, except where modifications to the proposal result from the application of the following conditions.

2. The existing Golden Drop Winery billboard on Lot 75 on NR1604 being removed prior to or simultaneously to the erection of the approved advertising billboard (on Lot 802 on SP162496).

3. The applicant obtaining a Development Permit for Building Works, prior to the erection of the advertising billboard.

4. The approval shall be valid for a period of one (1) year. The billboard owner will have to reapply for a permit on a yearly basis, when Council will reassess the billboard and decide whether to approve or refuse the display of the billboard.

5. No part of the advertising billboard is permitted to encroach on the State controlled road reserve (Kennedy Highway).

6. The approved advertising billboard must comply with the criteria set out for Category 1 advertising devices in Department of Transport & Main Roads Roadside Advertising Guide (Chapter 5 & 6, Appendix B & C).

7. A minimum of $10,000,000 public liability insurance is maintained for the advertising billboard until the advertising billboard is removed.

8. The advertising billboard must not be illuminated."

BACKGROUND

The subject land is situated approximately 2.5 km south of the Mareeba Aerodrome at 5834 Kennedy Highway, Mareeba and is described as Lot 802 on SP162496, Parish of Tinaroo, County of Nares. The subject land has a total area of 258.6 hectares and is zoned Rural under the Mareeba Shire Planning Scheme. The land is improved by multiple dwelling houses and ancillary outbuildings clustered alongside the front of the site. The site is accessed directly from the Kennedy Highway via a single crossover.


The proposed billboard is single sided with sign face dimensions of 6m x 3m and will be set at an angle (off perpendicular alignment) for ease of reference by road users. The bottom of the sign face will be at least two (2) metres from ground level. The sign face will not be animated or incorporate revolving or flashing lights. The proposed billboard will be sited to target Kennedy Highway users travelling in a northern direction towards Mareeba. The billboard will be relocated from its current location approximately 900 metres to the north on Lot 75 on NR1604. The advertising billboards on Lot 75 on NR1604 are being removed on the direction of the land owner who intends to farm this area.

CONSULTATION

Internal Nil External Department of Transport and Main Roads (Attachment 2)

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

Nil

POLICY IMPLICATIONS

Advertising signage in the Mareeba Shire is regulated through Schedule 8 of Subordinate Local Law No. 1 - Installation of Advertising Devices. The 'Policy for the Assessment of Advertising Billboards' is a Policy established to assist in the assessment of advertising billboards within the Rural zone of the Mareeba Shire and applies to all applications made under Subordinate Local Law No. 1. Policy Intent

The purpose of this policy is to ensure that the provision of advertising billboards within the rural zone of the Mareeba Shire allows for the functional advertising requirements of businesses, while ensuring that the natural attributes of the Mareeba Shire are not compromised. As a region that derives an increasing part of its income from tourism there is an especially strong need to ensure that all signage is well presented, aesthetically pleasing and complementary to the character and built form of the locality. The following development outcomes are promoted by this policy:

a) Signage that adequately caters for the needs of business, to clearly identify the goods and/or services which are supplied to the public;

b) Signage that complements the local streetscape of its locality and presents a visually attractive appearance to public areas;

c) Signage that is safely secured and does not pose a physical hazard to motorists, pedestrians, cyclists and residents on adjoining sites;


d) Signage that does not detract from the operation and safety of the major arterial road routes in the region; and

e) Signage that complements the objectives for the provision of attractive tourist scenic routes

Comment The proposed billboard development is considered to be consistent with the above Policy Intent for the assessment of advertising billboards within the Mareeba Shire. Council has adopted the Policy for the Assessment of Advertising Billboards within the Mareeba Shire which guides the assessment process to be in line with Subordinate Local Law No. 1 - Installation of Advertising Devices.

Policy Statement (derived from Subordinate Local Law No. 1) Council will only grant approval for an advertiser to exhibit an advertising billboard if: (a) the advertising billboard, including any structure associated with the support of

the advertising billboard, must be structurally sound and safe; and Comment The applicants have provided engineered plans for the proposed billboard. Prior to construction, the applicant will need to obtain a development permit for building works.

(b) the display of the advertising billboard must not cause obstruction of, or distraction to, pedestrian or vehicular traffic on a road or any road-related area; and Comment The proposed billboard is not likely to obstruct vehicles or pedestrians using the Kennedy Highway as it is setback an appropriate distance from the road pavement and is of a size which conveys clear information. The billboard will be relocated from its current location approximately 900 metres to the north on Lot 75 on NR1604. The development will therefore not result in any additional billboards and is not likely to cause any further distraction hazard.

(c) an advertising billboard must not be located so as to form a background to a road or road related area when viewed from any direction; and Comment The proposed billboard will be sited near perpendicular to the highway outside the State Controlled road reserve. The billboard will not form the background to any road or road related area.


(d) an advertising billboard must not reflect any vehicle headlight glare towards - a road, a road-related area or a sensitive place. Comment The proposed billboard will be sited near perpendicular to the Kennedy Highway, approximately 50 metres from the road pavement and approximately 200 metres north of the site's improvements. The proposed billboard is not likely to cause a reflective nuisance.

(e) an advertising billboard that is illuminated must be shielded to prevent the illumination of any road or road-related area and the illumination of the advertising billboard must not extend further than 3m from the advertising billboard; and Comment The proposed billboard is not illuminated.

(f) an advertising billboard may only be erected on premises with the written consent of the registered owner or trustee of the premises and the advertiser must produce the written consent to the local government on demand; and Comment Owners consent has been obtained.

(g) an advertising billboard that advertises premises, or an activity conducted on the premises, must not diminish the visual amenity of the locality on which the advertising billboard is installed; and Comment The proposed billboard is consistent with the criteria specified under the policy for the assessment of advertising billboards within the Mareeba Shire.

(h) only 1 advertising billboard that is visible from a road may be installed on premises; and Comment The proposed billboard will be the only billboard established on the subject site.

(i) an advertiser must not install an advertising billboard within 200m of an intersection of two (2) roads unless the advertising billboard does not cause obstruction of, or distraction to, pedestrian or vehicular traffic; and Comment The proposed billboard will not be constructed within 200 metres of an intersection of two (2) public roads.


(j) the advertiser of an advertising billboard must maintain the advertising billboard

in good order and repair; and Comment This requirement can be conditioned.

(k) the advertiser of an advertising billboard installed on a State controlled road must

produce documentary evidence of the approval of the State to the installation of the advertising billboard on the State controlled road on demand; and Comment The proposed billboard is located on privately owned land. Notwithstanding this, the Department of Transport and Main Roads has not raised any objection to the erection of the proposed billboard (see Attachment 2).

(l) an advertising billboard installed on a local government controlled area or road must not be attached to, or supported by, a tree, shrub or similar vegetation that is in its natural state (whether dead or alive); and Comment The proposed billboard is located on privately owned land. Notwithstanding this, the proposed billboard is stand-alone and is not supported by any other structures or vegetation.

(m) an advertising billboard must not be attached to local government or main roads infrastructure or sign; and Comment The proposed billboard will not be attached to Council or State infrastructure.

(n) an advertising billboard must not be situated on the paved area of the road or on traffic islands; and Comment The proposed billboard will be sited approximately 50 metres from the edge of the Kennedy Highway on privately owned land.

(o) the advertiser of an advertising billboard must maintain a public liability insurance policy that complies with the local government's published standards for public liability insurance for advertising devices; and Comment Evidence of a current public liability insurance policy was provided with the application. A condition will be attached to any approval requiring a policy be in place for the life of the development.


(p) an advertiser of an advertising billboard must produce documented evidence of

public liability insurance mentioned in paragraph (o) to an authorised person upon request; and Comment This requirement can be conditioned.

(q) the dimensions of the advertising billboard bear a reasonable relationship to the

dimensions of surrounding buildings and allotments so that - (i) its presence is not unduly dominating or oppressive; and (ii) it does not unreasonably obstruct existing views; and Comment The proposed billboard is consistent with the criteria specified under the policy for the assessment of advertising billboards within the Mareeba Shire.

(r) the advertising billboard is consistent, in colour and appearance, with buildings and natural features of the environment in which it is to be situated; and Comment The proposed billboard is consistent with the criteria specified under the policy for the assessment of advertising billboards within the Mareeba Shire.

(s) the advertising billboard is in other respects consistent with the character and values of the environment in which it is to be situated. Comment The proposed billboard is consistent with the criteria specified under the policy for the assessment of advertising billboards within the Mareeba Shire.

The Policy for the assessment of advertising billboards within the Mareeba Shire also establishes the following minimum provisions to demonstrate compliance with the Policy Statements:

(i) The advertising billboard must only be located in one of the following designated areas: Mareeba - As indicated on Plan No. AB-MAR • Kennedy Highway - Mareeba to Vicary Road • Kennedy Highway - Mareeba to Kay Road • Mulligan Highway - Mareeba to Hodzic Road • Mareeba-Dimbulah Road - Mareeba to Gorge Creek


Comment The proposed billboard is situated outside the area designated on Plan No. AB-MAR (Kennedy Highway - Mareeba to Vicary Road). This provision is critical in maintaining the integrity of the Policy for the assessment of advertising billboards within the Mareeba Shire. In most cases, non-compliance with this provision should result in an application being refused. However, Council officers are recommending that Council make an exception in this instance and approve the proposed billboard for the following reasons: (a) The proposed billboard development will essentially be a relocation of the

established Golden Drop Winery Advertising billboard which is also sited outside the designated billboard area on Lot 75 on NR1604, approximately 900 metres to the north.

(b) As the development is for the relocation of an existing billboard currently

sited in the vicinity, the billboard development is not likely to further compromise road safety or the attractiveness of the local streetscape and tourist scenic routes into and out of the Mareeba Shire.

In addition to the above, it should be noted that under this policy routes into and out of the Mareeba Township are currently saturated in terms of available land for the siting of advertising billboards, and the refusal of this application for relocation would directly impact on a long standing local business.

(ii) The advertising billboard has a maximum single face area of 18 square metres and a maximum sign face width of six (6) metres. Comment The proposed billboard does not exceed these dimensions.

(iii) The advertising billboard must be sited a minimum of 500 metres from all existing advertising billboards. Comment The proposed billboard will comply.

(iv) The advertising billboard is perpendicular to the abutting road. Comment The proposed billboard will comply.

(v) The advertising billboard is of a shape, design and colour that is consistent with existing adjacent structures and streetscape.


Comment The proposed billboard will be relocated from its current location approximately 900 metres to the north on Lot 75 on NR1604 and is therefore considered to comply.

(vi) The advertising billboard is located as close to the centre of the site frontage as

is practicable. Comment The proposed billboard is located in the north-east corner of the site and is therefore non-compliant with provision (vi). The location of the proposed billboard is considered necessary in order to separate it from the site's improvements which are situated generally at the centre point of the site frontage. Furthermore, the billboard location has been partially chosen as to avoid the large bend in the Kennedy Highway further to the south, as well as to achieve good visibility for road users. The proposed billboard is separated an appropriate distance from the adjoining property to the north. This non-compliance is considered only minor and is not likely to cause any detrimental impact.

(vii) The number of sign faces per advertising billboard is no more than two. Comment The proposed billboard complies.

(viii) A minimum of $10,000,000 public liability insurance is obtained for the advertising billboard. Comment Evidence of a current public liability insurance policy was provided with the application. A condition will be attached to any approval requiring a policy be in place for the life of the development.

(ix) The location of the advertising billboard must be approved by the Department of Transport and Main Roads. A copy of the application was referred to the Department of Transport and Main Roads for comment. In an email dated 23 November 2015 (Attachment 2), the Department of Transport and Main Roads advised that they have no objection to the erection of the proposed billboard, provided the billboard complied with criteria set out in the TMR Roadside Advertising Guide (RAG). The proposed development will be conditioned to comply.

(x) The advertising billboard is not illuminated. The proposed billboard will not be illuminated.


FINANCIAL & RESOURCE IMPLICATIONS

Nil

IMPLEMENTATION/COMMUNICATION

Nil

ATTACHMENTS

1. Advertising Sign Application Lot 802 on SP162496 2. DTMR email response dated 23 November 2015 Date Prepared: 23 November 2015


ATTACHMENT 1


ATTACHMENT 2


ITEM-5 APPLICATION FOR CONVERSION OF SPECIAL LEASE TO FREEHOLD - LOT 138 DA436, PARISH OF SOUTHEDGE


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 Special Lease SL9/47887 over land described as Lot 138 on DA436, Parish of Southedge 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 special lease over land described as Lot 138 on DA436, Parish of Southedge 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 Special Lease SL9/47887 over land described as Lot 138 on DA436, Parish of Southedge. The subject land has an area of 173 hectares and is situated in the vicinity of Hawkins Road, Paddys Green. The land is presently used for grazing purposes and this use is proposed to continue following the conversion to freehold. Lot 138 on DA436 has no legal access to Hawkins Road and instead is informally accessed through the former Southedge Research Station and McMillan Road. Legal access to the subject land is only available via unformed road reserve and ultimately Adil Road. 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.


LINK TO CORPORATE PLAN

Nil

CONSULTATION

Internal Nil External Nil


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


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 of 11 November 2015 Date Prepared: 11 November 2015


ATTACHMENT 1


ITEM-6 APPLICATION FOR CONVERSION OF TERM LEASE 234652 - LOT 8 HG686, PARISH OF WESTERN


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 to freehold of Term Lease 234652 over land described as Lot 8 on HG686, Parish of Western, situated off Walsh River Road, Watsonville. The subject land is one of 12 long term leased allotments in Watsonville area without legal access via a gazetted road reserve. DNRM seeks Council's views on the conversion to freehold and 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 8 on HG686, Parish of Western 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 there are no known non-indigenous cultural heritage values associated with the land."

BACKGROUND

DNRM is currently considering an application for the conversion to freehold of Term Lease 234652 over land described as Lot 8 on HG686, Parish of Western, situated off Walsh River Road, Watsonville. The subject land has an area of 6.811 hectares and is located approximately 8.5 kilometres north-east of Watsonville, on the southern bank of the Walsh River. The existing lease is for rural residential purposes and the land has been improved with a dwelling house.


The land does not have frontage to a gazetted road reserve, instead it is accessed via a gravel track which traverses unallocated State land (Lot 567 on OL57) before connecting to Walsh River Road. The absence of frontage to a gazetted road is common to all 12 leased allotments in the immediate vicinity. Council at its ordinary meeting held on 2 July 2014 resolved to offer no objection to the removal of the non-conversion condition from Term Lease 234652 over Lot 8 on HG686, Parish of Western. The non-conversion condition had prevented the lessee from making an application for the conversion of the term lease to freehold. Following Council's ordinary meeting of 2 July 2014, a letter was sent to the Minister for Natural Resources and Mines requesting that urgent action be taken to resolve the long standing problem whereby leasehold allotments described as Lot 10 on HG651, Lot 2 on CP891168, Lot 8 on HG836166, Lot 9 on HG690, Lot 10 on CP889851, Lot 1 on PER4790, Lot 1 on PER4789, Lot 8 on HG686, Lot 4 on HG644, Lot 7 on HG647, Lot 1 on PER5540 and Lot 11 on CP860907, Parish of Western, Locality of Watsonville were created by previous State Governments without legal access via frontage to a gazetted road reserve. 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.


Nil

CONSULTATION

Internal Nil External Nil


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 purposes. Whilst there is no objection in principle to the conversion of the special lease, the conversion should not occur until the subject land is provided with legal access via frontage to a gazetted road reserve. There are no known non-indigenous cultural heritage values associated with the land.


Nil



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 19 November 2015. Date Prepared: 23 November 2015


ATTACHMENT 1


GOVERNANCE AND COMPLIANCE

ITEM-7 BAR BARRUM PEOPLE NATIVE TITLE CLAIMS DOCUMENT INFORMATION

MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Development & Governance DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

Advice has been received from MacDonnells Law in relation to the Bar Barrum People Native Title Claims Nos 2, 3, 4 and 6. Council is required to advise whether it agrees with the State's circulated Streamlined Tenure Analysis Tables listing the parcels within the Claims area and the State's preliminary position with respect to the grant of Native Title rights over those land parcels. The Timetable requires that all parties reach in principle agreement on the tenure analysis as recorded in the Tables by 4 December 2015.


"That in relation to the Bar Barrum People Native Title Claims Nos 2, 3, 4 and 6, Council accept the State's tenure analysis for the various land parcels contained with the claim areas as per the updated Streamlined Tenure Analysis Tables provided for each Claim."

BACKGROUND

The attached letter dated 20 November 2015 was received from MacDonnells Law regarding the Bar Barrum People cluster claims in the Walsh River area to which Council is joined as a respondent party. The State has prepared updated Streamlined Tenure Analysis Tables which provide advice of the State's preliminary position with respect to grant of exclusive or non-exclusive native title rights over the various land parcels contained within the claim areas. This matter was previously considered by the Tablelands Regional Council in 2012 and MacDonnells were instructed at that time that there was no Council infrastructure within parcels where exclusive native title was to be recognised. TRC at that time also advised that it agreed in principle with the State's analysis. Council's Native Title officer has advised that she did review the land parcels when the matter was considered by TRC and as long as no new land parcels have been added, then she believes it is in order to agree with the previous assessment and accept MacDonnells' recommendation to accept the State's position.


Council's Technical Services area will be reviewing the various land parcels to ensure that Council infrastructure will not be affected and if there are any issues, these will be advised to Council prior to or on the day of the Council meeting.


ENV 3: Appropriate consideration is given to planning and development controls, design guidelines, traditional ownership and sustainable development principles when making planning decisions.

CONSULTATION

Internal Chief Executive officer Native Title Officer Manager Technical Services External Nil


This matter is subject to Native Title legislation and the determination of the Federal Court.

POLICY IMPLICATIONS

Nil


Capital Nil Operating Nil Is the expenditure noted above included in the 2015/2016 budget?

N/A

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


Advice to be provided to MacDonnells Law by 4 December 2015.


ATTACHMENTS

1. Letter from MacDonnells Law dated 20 November 2015 2. Updated Preliminary Streamlined Tenure Process Tables Date Prepared: 25 November 2015


ATTACHMENT 1


ATTACHMENT 2


FINANCE

ITEM-8 SALE OF LAND DUE TO RATES IN ARREARS DOCUMENT INFORMATION

MEETING: Ordinary


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

EXECUTIVE SUMMARY

The purpose of this report is to inform Council of one (1) property which is available to sell under the Local Government Regulation 2012, Chapter 4 Part 12 Division 3 Selling or acquiring land for overdue rates or charges and request a resolution to be able to sell the land under Section 140.


"That Council; 1. Sell such land listed in the Schedule due to the rates which have accrued on the rateable land remaining unpaid for three (3) years or longer, in accordance with section 140 of the Local Government Regulation 2012; 2. Delegate to the Chief Executive Officer to establish the reserve prices in consultation with the Mayor."

BACKGROUND

The property listed below has rates unpaid for three (3) years or more and in accordance with Section 140 of the Local Government Regulation 2012, selling land for overdue rates or charges applies. Council has been unable to recover the unpaid rates on each property as they are deceased estates for over three years.

Property No

Property Description

Property Location Size and Rating Category

Reason for Recommendation

10625 Lot 536 W 2632 Clara Street WATSONVILLE QLD 4887

1,176 m2 Vacant land - deceased estate

The Act also lists the following provisions in regard to selling land:

If a local government sells or acquires land for overdue rates or charges, the local government cannot start or continue any court proceedings to recover the overdue rates or charges (Section 148 of the Local Government Regulation 2012).



GOV1: Develop and achievable long term financial plan that underpins Council's long-term financial sustainability.

CONSULTATION

Internal Chief Executive Officer Financial Accountant Finance Manager External Nil

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

The sale of land process must be carried out giving consideration to the Local Government Act 2009, in particular Chapter 2, Part 12, Division 3 of the Local Government Regulation 2012.

POLICY IMPLICATIONS

Mareeba Shire Council Debt Recovery Policy


Nil


Nil

ATTACHMENTS

Nil Date Prepared: 20 November 2015


COMMUNITY WELLBEING

ITEM-9 COMMUNITY DROUGHT SUPPORT STRATEGY DOCUMENT INFORMATION

MEETING: Ordinary


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

EXECUTIVE SUMMARY

The Queensland Government has declared around 75% of Mareeba Shire local government area as "drought affected" (refer Map attached). Many services are available to support those drought-affected including financial allowances; taxation measures; counselling and loans schemes. As discussed at Council Workshop on 18 November 2015, this report presents for Council's consideration and endorsement a Community Drought Support Strategy. The strategy focuses on a strengths-based approach and is community led. The strategy aims to encourage collaboration and resource sharing by funded services and organisations. Should the Strategy prove successful, it will provide Council a clear methodology with established processes for collaboration and coordination to quickly activate for like circumstances in the future.


"That Council approve the proposed Community Drought Support Strategy including:

Submission of an application for $65,000 for a 'Community Drought Support Package' from the Queensland Government;

The establishment of a local drought group/committee and work in partnership with relevant service providers to direct appropriate service delivery to the community; and

Work in partnership with relevant service providers to deliver a holistic approach to supporting the drought-affected across the Shire."

BACKGROUND

Drought declared area The part of the Mareeba Shire that is drought declared is west of a boundary formed by the Mulligan Highway, the Hurricane, Kondaparinga and Mt Mulligan Roads to Dimbulah, the Burke Development Road to Petford and then the Petford Herberton Road to the Shire boundary. Any other properties in the Shire that are affected by drought not in the drought declared area are able to apply for an Individually Droughted Property (IDP) declaration.


It is approximated that there are 50 to 60 properties in the Mareeba Shire in the drought declared area and a further 2 IDP declarations. 'Mareeba Shire Council Drought Region 2015 - Demographic Analysis' report prepared by Anne Cunningham-Reid provides details of the demographics of the drought-affected area and this report has been provided to Councillors. Other support services Other organisations that have obtained funding to provide support specifically in the Shire to address drought hardship are Mental Illness Foundation North Queensland (MIFNQ) and Relationships Australia Queensland (RAQ). The organisations offer a diversity of services including one-on-one counselling; family counselling; community-based mental health support; community education focused on stigma reduction; programs for schools; resource development; and the development of referral pathways. A preliminary meeting has been hosted with the two organisations and it is identified by all parties that a collaborative partnership approach to the delivery of services to the drought affected will ensure a whole of community approach. The partnership will enable all providers to achieve greater reach and outcomes by taking a shared approach to a Shire wide strategy. Further consultation across the community is continuing to identify other relevant services supporting the drought affected. Discussions have been held with services and individuals from other drought-affected areas involved with both the delivery of, and participation in, community drought support initiatives to learn from their experiences. Proposed Community Drought Support Strategy 1. The Strategy aims to:

Support those in the drought affected areas of the Mareeba Shire by conducting a coordinated and collaborative response involving those who are drought affected, funded services, Council, and other concerned individuals, groups and organisations.

Improve access by drought affected to financial assistance services, business advice and planning, individual and family support counselling.

Enhance individual and community resilience in the face of ongoing drought by conducting a range of community-led social and community activities that provide the opportunity for those who are drought affected to connect with others, share experiences and have some respite from the pressures associated with the drought.

2. Grant application for the Community Drought Support Package 2015-16

One of the Queensland Government's recent initiatives focuses on social and community support to assist community wellbeing. The Mareeba Shire Council has been approached to make application for a grant to auspice the 'Community Drought Support Package' for 2015-16 in the Mareeba Shire:

The grant is to provide support initiatives to strengthen the resilience of people who are drought-affected by revitalising existing community support mechanisms within the Shire ie. the grant is used to conduct events and activities that will help sustain people until the drought breaks.

The grant total is $65,000 of which $16,250 must be administered as a Flexible Financial Hardship Fund (emergency relief).


Projects are to be completed and the grant is to be acquitted by 14 December 2016.

Council would outsource the delivery of the grant funds to a suitable not for profit community organisation for the delivery of community-led social and community events/activities and the Flexible Financial Hardship Fund.

3. Community Drought Support Group

Council establishes and facilitates the group/committee as Council's contribution to this partnership.

The Group's role is to direct appropriate service delivery by funded external services, ensure good coordination and collaboration by all involved, direct community-led social and community activities to be funded by the Grant at Section 2.

It is envisaged that regular, but infrequent meetings will be required for the next 12 months and communication in between meetings will be maintained by emails.

4. Engaging with those who are drought affected Council is recommending that:

The initial priority service approach by funded services is to offer information and assistance to access financial assistance and access good business advice and planning services.

Individual and family support and counselling will be offered once the funded service providers have established trusting relationships and have demonstrated helpfulness and relevance of their services via the practical assistance to access financial rebates and payments.

It is recommended that Council support the proposed Community Drought Support Strategy.


The Community Drought Support Strategy is a means by which Council can achieve COM 3: "Encourage the building of strong partnerships with community, private sector and government so as to build community capacity and develop strategies to encourage and support leadership and self-responsibility in the community".

CONSULTATION

Internal Manager Community Wellbeing Partners in Recovery Support Facilitator External Mental Illness Foundation North Queensland Relationships Australia Queensland Community members in drought-affected areas Etheridge Shire Council


Nil


POLICY IMPLICATIONS

Nil


Capital Nil Operating In-kind contribution - conducting an expression of interest process to select an appropriate community organisation; monitoring service delivery and milestone reporting; grant acquittal; facilitating the development and operation of a Community Drought Support Group. Is the expenditure noted above included in the 2015/2016 budget?

Yes


Nil ATTACHMENT 1. MAP - Drought declared section of Mareeba Shire Council Date Prepared: 20/11/2015


ATTACHMENT 1


INFRASTRUCTURE SERVICES

TECHNICAL SERVICES

ITEM-10 TENDER EVALUATION TMSC2015-21 MAREEBA AIRPORT REDEVELOPMENT - GROUND CLEARING - WESTERN LEASE AREA


MEETING: Ordinary Meeting


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

EXECUTIVE SUMMARY

Mareeba Shire Council is proceeding with a redevelopment of the Mareeba Airport. Part of this redevelopment project is the construction of an extension to the western leased area at the airport off Ray Road. To facilitate the design and documentation of this lease extension, it is necessary that the area be cleared of vegetation, rocks and soil. Tenders for the clearing closed at 11:00 Thursday 29 October 2015 and eight (8) responses were received, two (2) of these were from the one (1) contractor. This report provides a comparison of tenders received and makes a recommendation on the preferred tenderer.


"That Council award Tender TMSC2015-21 Mareeba Airport Redevelopment - Ground Clearing - Western Lease Area to Dun-Movin' Earthworks for a total value of $84,678.00 (inclusive of GST)."

BACKGROUND

The primary requirement of this contract is to clear the western area off Ray Road of vegetation, rocks and soil. All earth and rock mounds are to be cleared to natural ground level. The clearing is to be to existing ground level. It is not the intention of this contract to remove rocks at or below natural ground level. Rocks to a size equal to or greater than 150mm shall be placed in the rock stockpile. If it is necessary to utilise a grizzly to undertake this rock separation, it is to be assumed that the contractor has allowed this in the proposed daily rate.


Mareeba Shire Council seeks prices for the clearing of the nominated site on a day rate basis with the contractor to nominate the anticipated days that the clearing will be completed within.

The day rate shall include all clearing costs, environmental controls, dust suppression, environmental maintenance, stockpiling costs, workplace health and safety costs and material separation costs. The list of tenders received, estimated time to complete the work and the tendered amount excluding GST, is provided in the table below.

Dun-Movin' Earthworks were contacted to ensure they had the capability to complete this work in their estimated time of 10 days and they advised they had walked the site and definitely were able to undertake this work within the time specified. HEH withdrew their tender due to a mistake in the estimated time they had provided to complete the work, being fifteen (15) days not five (5) days as submitted.

CONSULTATION

Internal Manager Works Director Infrastructure Services External Dun-Movin' Earthworks FGF Developments


Nil

POLICY IMPLICATIONS

Nil

FGF 20 days

$178,780.00

FGF 15 days

$134,085.00

Robinson Civil Construction 30 days

$296,720.10

Wallace 60 days

$220,000.00

Puccini 45 days

$443,250.00

Dun-Movin' Earthmoving 10 days

$76,980.00

Koppen 15 days

$177,577.00

HEH Pty Ltd 5 days

$32,500.00



Capital Included in 2015/16 budget Operating Nil Is the expenditure noted above included in the 2015/2016 budget?

Yes.


Advice is provided to residents and businesses affected by any activities. ATTACHMENTS Nil Date Prepared: 24 November 2015


ITEM-11 RIFLE CREEK REST AREA, MT MOLLOY DOCUMENT INFORMATION

MEETING: Ordinary


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

EXECUTIVE SUMMARY

Action item from the Council Meeting of 4 November 2015 requested that "A report be prepared regarding the current operations of the Rifle Creek Rest Area, Mount Molloy". This report provides Council with details of revenue, expenditure and the policing of the rest area.


"That Council note the report on the Rifle Creek Rest Area, Mount Molloy."

BACKGROUND

The Rifle Creek Rest Area is located adjacent to the Mulligan Highway, approximately 1.0 km north of Mount Molloy on a Water and Pasturage Reserve under the control of Mareeba Shire Council. The rest area is serviced by town water supply, toilets, cold showers and caravan dump point. The rest area is frequented by travellers, primarily by people on caravan holidays, who are allowed to stay for up to 48 hours free of charge; however there is an honesty box for people to leave a donation, which raises approximately $7,200 per year. A summary of costs (excluding GST) per year associated with the maintenance of the rest area are detailed below.

Item Details

Cost of cleaning toilets and cold showers

MSC costs - $6,600 plus consumables supplied by Council

Septic tank maintenance

MSC costs - Approx. $820. Generally pumped out twice a year, before and

after the busy season.

General maintenance and repairs MSC cost - estimated $3,000 including salaries, store supplies etc.

Rubbish collection DMR costs - $4,300 There are between 5 and 11 bins during the tourist

season. The bins are emptied every day during the peak season and reduced to 4 times a week in the off-peak season.


Therefore in summary the Rifle Creek Rest Area receives approximately $7,200 per year in donations depending on the number of users in any given tourist season and the expenditure to operate the facility is approximately $10,500 (MSC) and $4,300 (DTMR). Policing of the 48 hour stay limit is undertaken by Council's Local Law Officers who inspect on a regular basis to make sure that people are moving on. Council are also in close contact with the local Police Station who advise if they believe campers are staying longer than the maximum time allowed. The rest area has proven to be very popular with few recorded incidences of poor behaviour. Council has recently received three (3) calls / notes of appreciation to the Council for the great facility that is on offer.


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 Senior Facilities Officer External Nil


Nil

POLICY IMPLICATIONS

Nil


Nil


Nil

ATTACHMENTS



ITEM-12 WOLFRAM ROAD, DIMBULAH - PROVISION OF LEGAL AND PRACTICAL ACCESS TO LOT 14 ON HG72, PARISH OF LEADINGHAM


MEETING: Ordinary



EXECUTIVE SUMMARY

The issue of access from Wolfram Road, Dimbulah to Lot 14 HG72 has been an on-going issue for approximately five (5) years when the traditional access on private property through Lot 13 HG72 was denied by the current owner. Council resumed approximately 3,100m² of land from Lot 13 to align the existing road reserves from Wolfram Road through Lot 13. Now that the road reserves have been aligned there is an almost direct legal access to Lot 14 from Wolfram Road through Lot 13 and the owners of Lot 14 are now requesting approval to construct a gravel road on the road reserve so as to gain a more direct all weather access to their property.


"That Council approve the construction of a gravel road on road reserve from Wolfram Road through Lot 13 HG72 for a distance of approximately 570m and that all works to be constructed in accordance with the FNQROC Development Manual for a low volume unsealed rural road."

BACKGROUND

An ongoing issue with access to Lot 14 HG72 from Wolfram Road has been the subject of at least seven Council reports and extensive legal argument for approximately five years. Refer to last report to Council on 19 November 2014 which provides a brief history and legal opinion relating to this issue. Council prior to de-amalgamation resumed a small portion of land from Lot 13 to align the mismatching road reserves, which affectively created a continuous road reserve through Lot 13 to Lot 14 and beyond. The owners of Lot 14 have now requested approval to construct a gravel road on the newly aligned road reserve, so as to provide direct access from Wolfram Road to their property. Providing Council have sufficient funds to undertake maintenance on this road in the future, there appears to be no reason why Council should not approve the construction of the road.


It should be noted that there are mature mango trees and an irrigation system located on the road reserve which have been planted/installed by the owners of Lot 13 without approval or any legal rights. Legal advice has been sought and the owners have no legal recourse regarding the removal should Council approve the construction of the road.



CONSULTATION

Internal Manager Development and Governance External Mr Alex Trevisin


Council has full legal rights to have the road constructed and while the approval may result in a legal challenge from the owner of Lot 13 our advice is that such a challenge would have no prospect of success.

POLICY IMPLICATIONS

Nil


Capital Nil Operating Construction of the road will add approximately 550m to the list of roads to be maintained at a yearly cost of approximately $1,500. Is the expenditure noted above included in the 2015/2016 budget?

No not included, however will need to be included in the 2016/17 maintenance budget

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


Should Council approve the construction then both the owners of Lot 13 and Lot 14 will need to be advised of Council's decision.


ATTACHMENTS

1. Request Letter from Mr and Mrs Trevisin dated 9 October 2015 2. Report to Council 19 November 2014 Date Prepared: 19 November 2015


ATTACHMENT 1

From: anna trevisin [mailto:[email protected]] Sent: Friday, 9 October 2015 1:44 PM To: Peter Franks Subject: Application for a new road within existing road reserve - Wolfram Road, Dimbulah provision of legal and practical access to Trevisin property (Lot 14 on HG72, Parish of Leadingham)

Dear Peter Now that the issue of a continuous Road Reserve has been addressed we would like to formally submit an application to Council requesting permission to construct an all-season-usable road on the continuous ‘No Name’ Road Reserve leading out from our property (Lot14 on HG72 Wolfram Road Dimbulah) towards Wolfram Road. Please find our submission attached in PDF version - a MS Word version can also be supplied if required. Please let us know if you require any additional information and we look forward to continuing discussions with the Council. Kind Regards Giorgio and Anna Trevisin

mailto:[email protected]


ATTACHMENT 2


ITEM-13 UNISEX TOILET - DIMBULAH AND KURANDA CEMETERIES


MEETING: Ordinary



EXECUTIVE SUMMARY

Action Item from the Council Meeting of 4 November 2015 requested a report on the feasibility of a unisex toilet being construction at the Dimbulah and Kuranda cemeteries. The report includes a comparison of costs to construct a single PWD toilet of masonry block and the hire cost of a porta-loo at both cemeteries.


"That Council provide, at a fee for service charge, a single unisex persons with disability (PWD) porta-loo when requested at either the Dimbulah Cemetery or the Kuranda Cemetery and does not build a permanent structure given the cost."

BACKGROUND

Construction of Permanent Single PWD Toilet The cost to construct a single PWD toilet of masonry block (plans attached) including septic system will be approximately $35,000.00. The cost is based on similar type constructions recently completed. The cost for construction at Dimbulah and Kuranda may be higher than the above estimate due to the final soil reports for wastewater disposal and access to a water supply. If other means of wastewater disposal are required, other than a septic system, availability of electricity will also be required. The Dimbulah area normally has a high water table which is not suitable for septic installation and may require the waste water to be treated to a higher quality before disposal. The Kuranda cemetery is situated in close proximity to the Barron River which may require the wastewater to be treated to a higher quality before disposal. The Dirt Professionals have provided a cost of $800.00 per site to provide Council with a soil evaluation and a wastewater disposal design.


Hire of porta-loos The current hire cost to provide a single unisex PWD porta-loo at either Dimbulah or Kuranda is $170.00 including delivery, cleaning, pick-up and return to Mareeba. Currently there is only one (1) PWD porta-loo available in Mareeba for hire. The company would require two (2) days' notice in advance to arrange drivers and schedule their work deliveries. Based on previous yearly number of interments and the current hire rates, the cost per year to provide a PWD porta-loo at Dimbulah and Kuranda are:

Kuranda 15 $2,550.00

Dimbulah 10 $1,700.00 Designated site locations for the PWD porta-loo will need to be identified with suitable hardstand for access to the toilet which may consist of a compacted decomposed granite pad. Access and locating a porta-loo at the Dimbulah cemetery will not pose any problems, however due to the size of the porta-loo delivery vehicle, access and topography of the Kuranda cemetery the only location for the porta -loo would be adjacent to the entrance to the cemetery.



CONSULTATION

Internal Manager Technical Services Coordinator Customer Services External TGT Hardware Mareeba Hire Service


Nil

POLICY IMPLICATIONS

Nil



Capital Cost for the construction of a single PDW toilet. Hire Costs Operating New Construction - Future operating costs will include inspections, cleaning costs and ongoing maintenance. Porta-loo - Hire charges Is the expenditure noted above included in the 2015/2016 budget?

Nil



Nil

ATTACHMENTS



ITEM-14 TENDER EVALUATION TMSC2015-24 FULL SERVICE SUPPLY & DELIVERY OF ASPHALT OVERLAY WORKS


MEETING: Ordinary


REPORT OFFICER’S TITLE: Project Officer DEPARTMENT: Infrastructure Services, Technical Services

EXECUTIVE SUMMARY

Tenders for the full service supply and delivery of asphalt overlay works on Council controlled roads closed Tuesday 10 November 2015. The asphalt overlay works are a component of the 2015/16 Reseals Programme, this report recommends Council award the tender to Pioneer North Queensland Pty Ltd.


"That Council award Tender TMSC2015-24 for Full Service Supply and Delivery of Asphalt Overlay Works to Pioneer North Queensland Pty Ltd."

BACKGROUND

The tendered asphalt overlay works are a component of the annual reseals programme. The overall 2015/16 reseals programme has a budget of $1.5 million exclusive GST for the provision of both bitumen reseal and asphalt overlay works and incorporating associated preparation works and line marking reinstatement. The full service asphalt overlay 'Request for Tender' was advertised in the Cairns Post, Saturday, 10 October 2015, closing on Tuesday 10 November 2015, at 11:00. In the past Mareeba Shire Council have requested tenders provide a cost per tonne rate to supply asphalt by region i.e. Kuranda, Mareeba Dimbulah, the estimated total regional overlay area (m²) listed on the programme and generally attached to Part 3 Tender Response. In 2015-16 Council requested suppliers provide tonnage weighted rates which Council then applied to the programme on a site by site basis as a comparison to assess value for money and price competitiveness. The tonnage weighted rates proposed to build in economy of scale benefits when applied to more expansive overlay sites. All tenderers are capable of delivering a quality product and outcome consistent with Council requirements. The tendered tonnage rates are full service, inclusive of traffic control.


Weighted Tonnage Rates Tendered

PIONEER NORTH QUEENSLAND PTY LTD

MAREEBA KURANDA / SPEEWAH ARRIGA

Quantity Ordered

Rate / Tonne incl. GST

Quantity Ordered


Quantity Ordered


0-50 tonne $374.00 0-50 tonne $363.00 0-50 tonne $418.00






HASTINGS NQ PTY LTD


Quantity Ordered


Quantity Ordered


Quantity Ordered

Rate / Tonne Incl. GST







FGF BITUMEN PTY LTD


Quantity Ordered


Quantity Ordered


Quantity Ordered









Tender evaluation was carried out using a weighted criteria scoring methodology;

Relevant Experience 20%

Key Personnel & Experience 10%

Tenderers Resources 10%

Demonstrated Understanding 20%

Price / Value For Money 40% The evaluation scores were fairly similar for all providers in regards to experience and project understanding with recent personal project experiences swaying scores slightly when applied to the individual suppliers in accordance to the relevant measures. It was Pioneer North Queensland's superior tonnage rates when translated to the schedule on a site by site basis that gave their submission a significant edge over the other tenderers on a value for money basis, factoring in the higher 40% weighting. Pioneer North Queensland is a reputable company operating from facilities in Cairns providing asphalt paving services to local government, state government and the private sector. Pioneer are quality assured and warrant their work which is delivered to Department of Transport and Main Roads specification. Pioneer has delivered Council's past two (2) asphalt programmes. In order to evaluate price competitiveness the tendered tonnage rates were applied to the schedule to ascertain an estimated cost to deliver the programme. When compared to actual 2013-14 and 2014-15 asphalt delivery costs the outcome indicated that the Pioneer tonnage rates are consistent with previous years and very competitive when converted to an estimated cost per square metre (m²) figure to supply and lay the asphalt.



BORAL RESOURCES (QLD) PTY LTD


Quantity Ordered


Quantity Ordered


Quantity Ordered









CONSULTATION

Internal Manager Technical Services External None


Nil

POLICY IMPLICATIONS

Nil


Capital Council budget for its annual Reseals Bitumen and Asphalt Programme is $2.5 million exclusive of GST Operating Nil

IMPLEMENTATION/ COMMUNICATION

Nil ATTACHMENTS 1. 2015/16 Council approved Asphalt Overlay Programme Date Prepared: 17 November 2015


ITEM-15 UPDATED TENDER EVALUATION CONTRACT TMSC2015-18 - NDRRA 2014 DIMBULAH SEALED ROADS


MEETING: Ordinary


REPORT OFFICER’S TITLE: Director Infrastructure Services DEPARTMENT: Infrastructure Services

EXECUTIVE SUMMARY

Council has received grant funding approval from the Queensland Reconstruction Authority to undertake restoration works to essential public assets in the Council area as a consequence of the 2014 NDRRA declared event. Contract TMSC2015-18 NDRRA 2014 Dimbulah Sealed Roads is for the restoration of a package of sealed roads to be restored under the 2014 NDRRA Programme. The report provides a comparison of tenders received and an updated recommendation due to the preferred tenderer withdrawing from the Contract after award.


"That Council: 1. acknowledge notice of withdrawal received from Heavy Earthmoving Equipment Pty

Ltd from Contract TMSC2015-18; and 2. award Contract TMSC2015-18 NDRRA 2014 Dimbulah Sealed Roads to Robinson

Civil Construction Pty Ltd for an amount of $513,878.32 (exclusive of GST)."

BACKGROUND

Contract TMSC2015-18 is for the restoration of sealed roads in the Dimbulah area under the 2014 NDRRA Programme. The contract is for the reconstruction of the following roads on a schedule of rates basis. The roads involved are:


Tenders were received from the following contractors:

All prices listed above are exclusive of GST.

TENDER ASSESSMENT

Overview

The tender documents advised tenderers that all tenders would be assessed on the following criteria and weightings: Tender Price 40% Work Methodology and Approach 15% Relevant Experience 15% Local Content 10% Key Personnel Skills, Experience and Resources 20% Price is a calculated formula dependent on the actual tender received against the median of all prices received. Scores for the other criteria are subject to knowledge of the tenderers performance on previous projects. Scores for each criteria are out of 5. The lowest tenderer, Heavy Equipment Hire Pty Ltd is a well-established Mareeba based construction company with a proven track record in road construction. Heavy Equipment Hire Pty Ltd has successfully undertaking other NDRRA projects on the Tablelands in recent years. The second lowest tenderer, Robinson Civil Construction Pty Ltd, is a Tablelands based business who has also previously completed NDRRA works on the Tablelands to a satisfactory standard. All local Tablelands tenderers are allocated a score of 5 out of 5 for Local Content with Cairns based tenderers being allocated a score of 4.5 out of 5 for the same criteria. This has been consistent for previous NDRRA Programs on the Tablelands.

- Cascade Close - Fuma Road - Horse Creek Road - Leadingham Creek Road - Leafgold Weir Road - Masterson Road - McLeod Road - Mutchilba Road

- Piemonte Road - Sandy Creek Road - Schincariol Road - Springmount Close - Top Eureka Road - Veness Road - Wolfram Road

- Heavy Equipment Hire Pty Ltd $442,794.00

- Robinson Civil Construction Pty Ltd $513,878.32

- Watto’s Earthmoving & Machinery Hire Pty Ltd $527,719.00

- Gregg Construction Pty Ltd $618,342.20

- LDI Constructions (QLD) Pty Ltd $682,400.09

- RMS Engineering & Construction Pty Ltd $689,425.73

- Koppens Developments Pty Ltd $700,829.59


Summary

All tenders were assessed on the above basis, with the scoring resulting in the following (out of a maximum possible five (5) points):

It was therefore recommended and resolved at 7 October 2015 Council Meeting to award the works under Contract TMSC2015-18 to Heavy Equipment Hire Pty Ltd. The Contract was awarded to Heavy Equipment Hire Pty Ltd on 15 October. Subsequently, on 18 November 2015 the Director, Mr Luke Bird of Heavy Equipment Hire Pty Ltd advised that they are unable to perform the work within the contract duration, and withdrew from the Contract. As the original tender assessment remains valid (excluding Heavy Equipment Hire Pty Ltd), confirmation has been sought from the second placed tenderer Robinson Civil Constructions Pty Ltd, that their Tender remains valid. Robinson Civil Constructions Pty Ltd confirmed this on 20 November 2015, and advised that they do have capacity to complete the works. It is now recommended that works under Contract TMSC2015-18 be awarded to Robinson Civil Constructions Pty Ltd for the value of $513,878.32 excluding GST. Approved funding from the Queensland Reconstruction Authority to the roads in this package is $527,444.99 which includes all materials, labour and machinery. Under the approval from the Queensland Reconstruction authority, actual costs will however apply.


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 Council officers. External Nil

- Heavy Equipment Hire Pty Ltd 3.73

- Robinson Civil Constructions Pty Ltd 3.68

- Koppens Developments Pty Ltd 3.66

- RMS Engineering & Construction Pty Ltd 3.52

- LDI Constructions (QLD) Pty Ltd 3.45

- Watto's Earthmoving & Machinery Hire Pty Ltd 3.42

- Gregg Construction Pty Ltd 3.36



The main risk in undertaking NDRRA works under approvals from the Queensland Reconstruction Authority is that of scope creep with consequent problem of not being reimbursed for expenditure incurred due to scope creep. To assist in the alleviation of this risk, all approved work sites are photographed before, during and after works with these photographs then being compared to the submission photographs. Additionally, a full time inspector is engaged for the contract works to oversee the restoration works. The inspector then has assistance for a contract Superintendent's Representative who then reports to the contract Superintendent.

POLICY IMPLICATIONS

Nil.


Capital Nil Operating Nil Is the expenditure noted above included in the 2015/2016 budget?

Included in the approved 2014 NDRRA Programme



Affected residents will be advised of the planned works programme prior to commencement.

ATTACHMENTS



ITEM-16 TMSC2015-20 MAREEBA RIVERSIDE CARAVAN PARK LEASE


MEETING: Ordinary



EXECUTIVE SUMMARY

The original Mareeba Riverside Caravan Park lease expired on 31 August 2015, however the current lessees requested an extension period to enable them to recoup the costs associated with improvements they had undertaken at the park. At the Council meeting held 21 January 2015, Council agreed for the lease to be extended to 31 December 2016. Council approved the advertising for a 30 year lease at the Council meeting held on the 20 May 2015. The request for tender was advertised on 16 September 2015 and closed Tuesday 27 October 2015 at 11.00am. There were nine (9) requests for tender package sent out, however only one (1) submission was received.


"That Council grant a 30 year Trustee Lease to the Riverside Trust as per the tender TMSC2015-20 and lease documentation and grant approval for the amendment allowing for negotiation regarding the master plan."

BACKGROUND

Mareeba Riverside Caravan Park is located at 13 Egan Street, Mareeba on Reserve No. 8072, being a Reserve for Local Government and is under control of the Mareeba Shire Council, as Trustee for the Department of Natural Resources and Mines (DNRM). The sub-purpose of the title as noted by DNRM is restricted for a Caravan Park. The present lessees, Kevin Michael and Michelle Anne Teece, were granted a short term lease in August 2013 which was due to expire in August 2015. Kevin and Michelle have worked tirelessly over the last two (2) years and Council has been impressed with the progress made and the efforts contributed. Council has also contributed to the betterment of the park with recent flood mitigation works completed in Egan Street and a new office building. Kevin and Michelle have also contributed a considerable amount of their own money into the park to improve the facility and ambience. Their request for an extension of the lease to recoup some of their improvement costs resulted in Council agreeing to extend the lease until 31 December 2016. As detailed in the Master Plan, prepared for Council by GHD Consulting Engineers & Planners, completed in May 2014, significant works need to be undertaken in the coming


years to bring Mareeba Riverside Caravan Park to an acceptable standard. Council approved at Ordinary meeting held 20 May 2015 to call for tenders for a 30 year lease of the Mareeba Riverside Caravan Park to allow sufficient time within the lease for any improvement costs to be recouped by the lessees. The improvements are listed within the Master Plan with a suggested implementation timetable spanning 15 years. An example of some of the improvements listed include, upgrade to the internal road network, power, water and sewerage as well as the construction of accommodation units, new amenities and laundry blocks, camp kitchen and BBQ area, holiday cabins and landscaping. The costs associated with these improvements will be considerable and if this work is to be undertaken by a Lessee in the future then it will be necessary to grant sufficient time within the lease to allow for the improvement costs to be recouped. Given that the Master Plan is suggesting a fifteen year timeframe for delivery of the new infrastructure, then it seems not unreasonable for a 30 year lease period to apply. Accordingly a tender was advertised on the 16 September 2015 in the Cairns Post, Tablelands Advertiser and the Mareeba Express as well as listed on Mareeba Shire Councils website. Council Procurement Officer issued nine (9) tender packages, however only received one (1) submission by the closing date of 27 October 2015. The only submission received was from the current lessees Kevin Michael and Michelle Anne Teece trading as Riverside Trust. The submission from Riverside Trust has been reviewed by Council Officers, and while all documentation appears in order, there is a request for two (2) variations to the contract. These variations together with the full submission have been forwarded to McCullough Robertson for their comment and advice. The one (1) variation has been withdrawn; however the second is dealt with below. Riverside Trust has requested a variation within the contract documentation and is as following: Part 2 Council requirements Annexure B section 23.3 Master Plan - The Tenant must, at all times, comply with the requirements of the Master Plan, as amended by the Landlord from time to time at the Landlord’s discretion. The Riverside Trust response states that "The tenderer accepts the Master Plan 'in principle' but requests to reserve the right to negotiate with Council on some aspects that, at the time may not be practical or financially viable." Conclusion The monthly rent to be paid to Council under the new lease agreement is $3,700 per month or $44,400 per annum (excluding GST), as detailed in Section 2.15 of the attached Tender documentation. The rental value offered in the Tender is the same as what is currently being paid, however under the new arrangements, Council will no longer be responsible for any capital or maintenance costs. Council's approval is sought to proceed with awarding a 30 year trustee lease.




CONSULTATION

Internal Manager Technical Services, Infrastructure Services Facility Officer External McCullough Robertson lawyers


Nil

POLICY IMPLICATIONS

Nil


Capital Nil Operating Cost of document preparation Annual revenue of $40,000 plus GST CPI increased Is the expenditure noted above included in the 2015/2016 budget?

Nil



If approved, advise Lessees and draft new lease document for signature by Lessees and CEO. Register lease with DNRM.

ATTACHMENTS

1. Tender TMSC2015-20 Riverside Trust Date Prepared: 19 November 2015


BUSINESS WITHOUT NOTICE

NEXT MEETING OF COUNCIL

The next meeting of Council will be held at 9:00 am on Wednesday 16 December 2015

council meeting agenda 2 december 2015

Documents