council meeting agenda 5 august 2015

127
Ordinary Meeting Mt Molloy Date: 5 August 2015 Time: 10:00am AGENDA THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT MT MOLLOY, ON WEDNESDAY, 05 AUGUST 2015 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED. PETER FRANKS CHIEF EXECUTIVE OFFICER

Upload: mareeba-shire-council

Post on 22-Jul-2016

224 views

Category:

Documents


3 download

DESCRIPTION

 

TRANSCRIPT

Ordinary Meeting

Mt Molloy Date: 5 August 2015

Time: 10:00am

AGENDA

THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT MT MOLLOY, ON WEDNESDAY, 05 AUGUST 2015 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 3

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 DEPUTATIONS AND DELEGATIONS CORPORATE AND COMMUNITY SERVICES ................................................................................. 5

REGIONAL LAND USE PLANNING ............................................................................................. 5 ITEM-1 Proposed Surrender and Reissue of Permit to Occupy - Lot 1 on PER7210,

Parish of Cairns .......................................................................................................... 5

ITEM-2 Extension to Relevant Period - Wong Lau Developments Pty Ltd - Reconfiguring a Lot - Subdivision (2 into 10 Lots) - Lot 174 & 175 NR5801 - Fantin Road, Koah - REC/07/0091 ........................................................................... 15

ITEM-3 Girgenti Constructions Pty Ltd - Material Change of Use - Residential Units (3 x 1 Bedroom Units) - Lot 1 on SP206329 - 16 Seary Road, Mareeba - DA/15/0029 ............................................................................................................... 31

ITEM-4 Revised 2015/2016 Fees and Charges for Urban and Regional Planning (Catteries) ................................................................................................................. 57

GOVERNANCE AND COMPLIANCE ......................................................................................... 67 ITEM-5 Development and Governance Quarterly Report - April to June 2015 ...................... 67

ITEM-6 Transfer of Brady Park to Queensland Department of Education ............................. 81

COMMUNITY WELLBEING ........................................................................................................ 87 ITEM-7 Aged Housing Service .............................................................................................. 87

INFRASTRUCTURE SERVICES ..................................................................................................... 90

TECHNICAL SERVICES ............................................................................................................. 90 ITEM-8 QMSC2015-12 Mareeba Library & Kowa Street Offices Cleaning Contract ............. 90

ITEM-9 QMSC2015-14 Monthly Pool Maintenance ............................................................... 98

ITEM-10 Request to Name an Unnamed Road off Black Mountain Road, Julatten ........ 104

BUSINESS WITHOUT NOTICE .................................................................................................... 114

NEXT MEETING OF COUNCIL ..................................................................................................... 114

COMMITTEE MEETING MINUTES - TOURISM KURANDA ........................................................ 115

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 4

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 5

CORPORATE AND COMMUNITY SERVICES

REGIONAL LAND USE PLANNING

ITEM-1 PROPOSED SURRENDER AND REISSUE OF PERMIT TO OCCUPY - LOT 1 ON PER7210, PARISH OF CAIRNS

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 5 August 2015

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

EXECUTIVE SUMMARY

Paradise Queensland Pty Ltd trading as Kuranda Rainforest Tours & Kuranda Riverboat have written to Council requesting consent for the surrender and reissue of a permit to occupy over land described as Lot 1 on PER7210, Parish of Cairns, situated on the Barron River Esplanade, Kuranda. The current and proposed use of the land is for boat cruise and canoe hire business. The cancellation and re-issue of the permit to occupy will facilitate the sale and continuing operation of Kuranda Rainforest Tours & Kuranda Riverboat.

OFFICER'S RECOMMENDATION

"That Council offer no objection to the surrender of Permit to Occupy PO 9/7210 and the issue of a new permit to occupy over Lot 1 on PER7210, Parish of Cairns for the purpose of 'boat cruise and canoe hire business', and also 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

The subject land comprises 160 square metres of the Barron River Esplanade, Kuranda immediately adjacent to the established Barron River jetty. Permit to Occupy PO 9/7210 for the purpose of 'boat cruise and canoe hire business' has been held over Lot 1 on PER7210 since 27 May 1994 by Paradise Queensland Pty Ltd. Paradise Queensland Pty Ltd trade as Kuranda Rainforest Tours and Kuranda Riverboat and have operated from this site since 1982.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 6

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.

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.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 7

The director of Paradise Queensland Pty Ltd is planning to retire and wants to sell Kuranda Rainforest Tours and Kuranda Riverboat as a going concern. DNRM Policy does not allow the existing permit to occupy to be transferred to a new business owner, instead the current permit to occupy must be surrendered and a new permit to occupy issued. To facilitate the sale of the business, Paradise Queensland Pty Ltd is seeking Council's consent for the surrender of the existing permit and the reissue of a new permit to occupy for the same purpose.

LINK TO CORPORATE PLAN

Nil

CONSULTATION

Internal Nil External Nil

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

Nil

POLICY IMPLICATIONS

Lot 1 on PER7210 contains an area of 160 square metres and is deemed to be zoned Village under the Mareeba Shire Planning Scheme 2004. The existing riverboat tours use was established in 1982 and it will remain a lawful use until it is abandoned. Council officers have no knowledge of any local non-indigenous cultural heritage values associated with the land.

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Nil

IMPLEMENTATION/COMMUNICATION

Department of Natural Resources and Mines Form LA30 (Attachment 2) will be completed and forwarded to Paradise Queensland Pty Ltd by letter.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 8

ATTACHMENTS

1. Paradise Queensland Pty Ltd letter dated 16 July 2015. 2. Department of Natural Resources and Mines Form LA30. Date Prepared: 20 July 2015

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 9

ATTACHMENT 1

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 10

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 11

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 12

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 13

ATTACHMENT 2

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 14

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 15

ITEM-2 EXTENSION TO RELEVANT PERIOD - WONG LAU DEVELOPMENTS PTY LTD - RECONFIGURING A LOT - SUBDIVISION (2 INTO 10 LOTS) - LOT 174 & 175 NR5801 - FANTIN ROAD, KOAH - REC/07/0091

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 5 August 2015

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

FILE NO REC/07/0091 AREA Lot 174 - 74 hectares Lot 175 - 74 hectares

LODGED BY Wong Lau Developments Pty Ltd

OWNER Wong Lau Development Pty Ltd

PLANNING SCHEME

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

ZONE Rural zone

LEVEL OF ASSESSMENT

Code Assessment

SUBMISSIONS n/a

ATTACHMENTS: 1. Decision Notice dated 16 October 2007

2. Applicant’s request to extend relevant period dated 8 July 2015

EXECUTIVE SUMMARY

Council approved a development application described in the above application details at its Ordinary Meeting held on 16 October 2007, subject to conditions. A subsequent request for a Negotiated Decision Notice was refused by Council at its Ordinary Meeting held on 20 November 2007.

APPLICATION PREMISES

APPLICANT Wong Lau Developments Pty Ltd

ADDRESS Fantin Road, Koah

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED

8 July 2015 RPD Lot 174 & 175 on NR5801

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Reconfiguring a Lot - Subdivision (2 into 10 Lots)

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 16

On 7 December 2007 a Planning and Environment Court Appeal was lodged by Miller Bou-Samra Lawyers on behalf of the applicant (Appeal No. 336 of 2007). The Planning and Environment Court denied the applicants appeal and the development approval took effect on 13 August 2008. Two (2) previous requests to extend the relevant period of the approval have been lodged and approved by Council. The relevant period is set to expire on 13 August 2015. The original application was code assessable and was therefore not required to undergo public notification. To date, no development works have commenced in relation to the approved development. The applicant has subsequently lodged this application to extend the relevant period for a further three (3) years from 13 August 2015 to 13 August 2018 (Attachment 2). The applicant's justification for not having completed the development thus far is due to the global financial crisis and subsequent standstill in the property market. The extension is sought to allow sufficient time for the market to improve and to allow for the development works to be completed. An informal policy position has been established by Council officers whereby any request for extensions beyond the initial extension be granted for a maximum of one year. A one (1) year extension would encourage the developer to act on the approval and also allow Council to reconsider the appropriateness of un-commenced development approvals on a more regular basis. Given that two (2) previous extensions have been granted, it is recommended that the relevant period be extended for a period of one (1) year only, from 13 August 2015 to 13 August 2016. Notwithstanding the officer's recommendation, Council may approve the requested three (3) year extension if it chooses

OFFICER'S RECOMMENDATION

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

APPLICATION PREMISES

APPLICANT Wong Lau Developments Pty Ltd

ADDRESS Fantin Road, Koah

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED

8 July 2015 RPD Lot 174 & 175 on NR5801

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT Reconfiguring a Lot - Subdivision (2 into 10 Lots)

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 17

and in accordance with the Sustainable Planning Act 2009:

(A) The relevant period be extended for one (1) year from 13 August 2015 to 13 August 2016.

2. A Notice of Council’s decision be issued to the applicant advising of Council’s decision”. THE SITE The subject site is located along Fantin Road, Koah and described as Lot 174 and 175 on NR5801, Parish of Formartine, County of Nares. The subject site has a combined area of 148 hectares and is zoned Rural under the Mareeba Shire Planning Scheme. Both allotments are severed by Fantin Road, containing approximately 2.5 kilometres of frontage to Fantin Road which is constructed to an unsealed gravel standard. The western boundary of the smaller, severed portions of both lots 174 and 175 abut the Clohesy River. The subject site is relatively undeveloped, with the exception of a Caretaker's residence and ancillary buildings located on Lot 175. The land was formerly used for grazing purposes and is vegetated. In terms of topography, the subject land is characterised by well vegetated variable sloping hills and gullies. All surrounding allotments are zoned a mixture of Conservation and Rural.

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.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 18

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

Council at its Ordinary Meeting held on 16 October 2007, issued a development permit for the application made by Charles O'Neill Pty Ltd Surveyors on behalf of Wong Lau Developments Pty Ltd for Reconfiguring a Lot - Subdivision (2 into 10 Lots) on land described as Lot 174 & 175 on NR5801, situated at Fantin Road, Koah. The approval was granted subject to various conditions, including the upgrading of Fantin Road. On the 31 October 2007, Charles O'Neill Pty Ltd Surveyors, on behalf of Wong Lau Developments Pty Ltd wrote to Council making representations in relation to the approval and seeking the issue of a negotiated decision notice. Council, at its Ordinary Meeting held on 20 November 2007 resolved to confirm the original conditions. On 7 December 2007 Miller Bou-Samra Lawyers, on behalf of Wong Lau Development Pty Ltd lodged an appeal with the Planning and Environment Court (appeal No. 336 of 2007) seeking an amendment to the decision notice, in particular, the deletion of Condition 3 - Frontage Works (upgrading of Fantin Road to bitumen sealed rural road standard). An attempt was made by Miller Bou-Samra Lawyers to settle the matter out of the P & E Court; however, their proposed changes were rejected by Council at its Ordinary Meeting held on 16 July 2008. The Planning and Environment Court denied the applicants appeal and the currency period commenced on the 13 August 2008.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 19

At its Ordinary Meeting held on 15 August 2012, Council approved a request to extend the relevant period of the approval for a further two (2) years. A further extension to the relevant period of one (1) year was granted by Council at its Ordinary Meeting on 16 July 2014. To date, no development works have commenced in relation to the approved development. The applicant has subsequently lodged this application to extend the relevant period for a further three (3) years from 13 August 2015 to 13 August 2018 (Attachment 2). The applicant's justification for not having completed the development thus far is due to the global financial crisis and subsequent standstill in the property market. The extension is sought to allow sufficient time for the market to improve and to allow for the development works to be completed. An informal policy position has been established by Council officers whereby any request for extensions beyond an initial extension be granted for a maximum of one (1) year. A one (1) year extension would encourage the developer to act on the approval and also allow Council to reconsider the appropriateness of un-commenced development approvals on a more regular basis. Given that two (2) previous extensions have been granted, it is recommended that the relevant period be extended for a period of one (1) year only, from 13 August 2015 to 13 August 2016. Should Council grant an extension the applicant would be advised that if they wish to proceed with the development they should proceed within the next twelve months because the proposed development may be inconsistent with the new Mareeba Shire Planning Scheme and a further extension may not be granted.

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

the consistency of the approval, including its conditions, with the current laws and policies applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under chapter 8, part 1. If a new application was lodged for this proposal it would be assessed generally against the same planning instruments as was the original development application. On 2 December 2013, the former Department of State Development, Infrastructure and Planning introduced the single State Planning Policy (SPP) to replace the various State Planning Policies previously in place. Development approval REC/07/0091 is not in conflict with any relevant aspect of the SPP.

Applicable Infrastructure Charges Development Approval REC/07/0091 is not subject to fixed headworks/contributions. The external road network contribution is payable at the rate applicable at the time of payment.

the community’s awareness of the development approval

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 20

The original development application was Code Assessable and was therefore not subject to public notification.

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

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

the views of any concurrence agency for the approval given under section 385. The original application did not trigger referral to any Concurrence Agencies.

Date Prepared: 21 July 2015

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 21

ATTACHMENT 1

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 22

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 23

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 24

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 25

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 26

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 27

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 28

ATTACHMENT 2

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 29

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 30

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 31

ITEM-3 GIRGENTI CONSTRUCTIONS PTY LTD - MATERIAL CHANGE OF USE - RESIDENTIAL UNITS (3 X 1 BEDROOM UNITS) - LOT 1 ON SP206329 - 16 SEARY ROAD, MAREEBA - DA/15/0029

DOCUMENT INFORMATION MEETING: Ordinary MEETING DATE: 5 August 2015 REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS

APPLICATION PREMISES

APPLICANT Girgenti Constructions Pty Ltd

ADDRESS 16 Seary Road, Mareeba

DATE LODGED 26 May 2015 RPD Lot 1 on SP206329

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use - Residential Units (3 x 1 bedroom units)

FILE NO DA/15/0029 AREA 1,022 square metres

LODGED BY Girgenti Constructions Pty Ltd

OWNER JM & FL Laufer

PLANNING SCHEME

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

ZONE Residential Zone

LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS One (1)

ATTACHMENTS: 1. Proposal Plan/s

2. Submitter letter 3. Applicants response to submitter letter

EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is impact assessable and one (1) properly made submission was received in response to public notification of the application. The applicants propose the construction of 3 x 1 bedroom, plus study, detached residential unit villas (triplex) on the subject site. Each villa will have a gross floor area (GFA) of approximately 125m2 and will be accessed from Nolan Street via individual driveways.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 32

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. Higher density residential development within the urban footprint, like that proposed, is consistent with both the FNQ Regional Plan and the draft Mareeba Shire Planning Scheme and it is considered that any potential impacts on adjoining low density residential development can be adequately managed through appropriate conditioning. Draft conditions were provided to the applicant and have been agreed to. It is recommended that the application be approved in full, 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 (3 x 1 bedroom units)

(B) APPROVED PLANS:

APPLICATION PREMISES

APPLICANT Girgenti Constructions Pty Ltd

ADDRESS 16 Seary Road, Mareeba

DATE LODGED 26 May 2015 RPD Lot 1 on SP206329

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use - Residential Units (3 x 1 bedroom units)

Plan/Document Number

Plan/Document Title Prepared by Dated

- - Girgenti Constructions Pty Ltd -

- - Girgenti Constructions Pty Ltd -

- - Girgenti Constructions Pty Ltd -

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 33

(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.

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, or 1.8m high solid fence or building.

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

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 34

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

Three (3) access crossovers must be constructed (from the edge of the road pavement to the property boundary of the subject lot) for access to each unit 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 that each unit is provided with two (2) car parking spaces, comprising of one (1) covered parking space and one tandem 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

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 35

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 (neutral colour) fence is to be erected along the full length of the site's common boundary with Lot 58 on RP808111 and Lot 2 on SP206329. Matching fencing is to be erected between each dwelling unit, separating areas of private open space. 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.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 36

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.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 37

(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

(G) 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:

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 38

THE SITE

The subject land is described as Lot 1 on SP206329, Parish of Tinaroo, situated at 16 Seary Road (corner of Seary Road and Nolan Street), Mareeba. The land has an area of 1,022 square metres with frontages of approximately 20 metres to Seary Road and 51 metres to Nolan Street. The fronting sections of Seary Road and Nolan Street are bitumen sealed to widths of 8 metres and 6.5 metres respectively. Each road features kerb and channel on both sides. The land was developed as part of Barry Estate in 2007 and has remained vacant since that time. The land itself is relatively flat and level, but it sits elevated up to a metre above the Nolan Street road surface. All urban services are available to the site. The land is not encumbered by sewerage or water mains, with both services being located within adjoining road reserve or outside the area intended for building construction. Most neighbouring allotments have been developed with single dwelling houses or remain vacant.

Development Type Rate Measure Charge Credit Balance

$ per EDC

EDC

EDC

Water Supply Headworks Contributions

$4,315.00 1.8 $7,767.00 1

($4,315.00) $3,452.00

Sewerage Headworks Contributions

$4,315.00 2.1 $9,061.50 1

($4,315.00) $4,746.50

Augmentation of the Road Network Contributions (Mareeba South)

$4,315.00 2.19 $9,449.85 1

($4,315.00) $5,134.85

Open Space Contributions $4,315.00 2.19 $9,449.85 1

($4,315.00) $5,134.85

TOTAL CURRENT AMOUNT OF CHARGE $18,468.20

"

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 39

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.

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.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 40

BACKGROUND AND CONTEXT Council at its Ordinary Meeting held on 15 April 2008 resolved to refuse an application for Material Change of Use - Residential Units (2 x 3 bedroom detached units) over land described as Lot 26 on SP206329, situated at 18 Seary Road, Mareeba (opposite corner of Seary Road and Nolan Street). The grounds of refusal were: 1. The population density for the development would be 69.4 persons per hectare. This is

above the 50 persons per hectare density limit prescribed by PS1.6(ii);

2. The proposed development is considered to be in conflict with the Overall Outcome 4.31(2)(d) of the Residential Zone Code. The proposed development is not considered to be visually compatible with the scale and character of the surrounding area;

3. Council does not believe that residential units should be developed in a new housing estate, unless all land purchasers have been advised of the proposed residential units prior to purchase; and

4. The issues raised by the submitters are of sufficient concern to Council to warrant refusal of the application.

Council officers had recommended this application be approved.

PREVIOUS APPLICATIONS & APPROVALS Nil

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Residential Units (3 x 1 bedroom units) in accordance with the plans shown in Attachment 1. The three (3) proposed units will be located on-site as detached "villa" style units with a gross floor area of approximately 125m2 each. Each unit will incorporate:

Kitchen, dining and living area;

1 bedroom and 1 study;

Single bathroom and toilet;

Patio/outdoor living area; and

Single undercover garage. Each unit will be accessed via a separate driveway off Nolan Street with one visitor parking space for each unit provided in a tandem arrangement on each driveway. Each unit will be provided with a back yard area in excess of the Planning Scheme's desired 25m2 which will be privatised with internal screen fencing between each unit. 1.8 metre high fencing is also proposed along the north-east and north-west boundaries of the site.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 41

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 Regional Plan Map 3- ‘Areas of Ecological Significance’ does not identify the site as being of any 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.

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:

Strategic Framework: Major Urban Growth Node - Mareeba

Zone: Residential Zone

Overlays:

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

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 42

(b) State Planning Policy The Former Department of State Development, Infrastructure and Planning introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. 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)

DRO 1.1 Biodiversity Conservation

Land Use Policy Complies Comments

1.1.2 Urban development within the urban footprint or rural living area within an area of high ecological significance (see map 3) is located, designed and operated to avoid impacts on ecological values, or where avoidance is not possible, minimise impacts and then offset residual impacts so there is net gain of the impacted values.

The subject land is located within the Urban Footprint. The subject land does not contain, nor adjoin an area of ecological significance.

DRO 4.1 Compact Urban Form

Land Use Policy Complies Comments

4.1.1 Urban development is contained within the urban footprint

The application proposes urban development and the subject land is within the urban footprint.

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

The proposed development represents a logical and orderly land use given the shortage of unit accommodation within the Mareeba township.

4.1.4 Higher dwelling densities are achieved within appropriate areas.

The proposed development will achieve higher dwelling densities within a residential area.

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

Complies.

DRO 4.4 Housing Choice & Affordability

Land Use Policy Complies Comments

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

The proposed development will provide additional residential unit accommodation.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 43

Relevant Desired Environmental Outcomes

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

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 proposed development will be serviced by Council's reticulated water and sewerage networks as well as electricity and telecommunications. Nolan Street is constructed to a bitumen sealed standard from kerb to kerb.

The 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 unit accommodation within Mareeba. The subject site is situated within close proximity to services such as shops, schools, medical facilities and recreational facilities.

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

The proposed development will be serviced by Council's reticulated water and sewerage networks as well as electricity and telecommunications. Nolan Street is constructed to a bitumen sealed standard from kerb to kerb.

(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 helps reinforce 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 proposed development reinforces Mareeba's role as a primary residential node.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 44

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.

(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 headworks is applicable. The EDC equivalency rates for water supply are as follows:

0.6 EDC per 1 or 2 bed semi-detached unit

Existing allotment - 1 EDC credit The applicable water supply EDC = (3 x 0.6) - 1 = 0.8 EDC. Based on the 2015/2016 water supply headwork contribution rate (see Fees and Charges Schedule), the following contribution is applicable:

0.8 EDC x $4,315.00 = $3,452.00 Sewerage Supply In accordance with Planning Scheme Policy No. 2 - Headworks Charges for Water Supply and Sewerage a contribution towards sewerage headworks is applicable.

Relevant Codes Comments

Residential Zone Code The application can be conditioned to comply with the relevant acceptable/probable solutions.

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

Acceptable Solution AS13.3

Refer to planning discussion section of report.

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

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 45

The EDC equivalency rates for sewerage are as follows:

0.7 EDC per 1 or 2 bed semi-detached unit

Existing allotment - 1 EDC credit The applicable sewerage EDC = (3 x 0.7) - 1 = 1.1 EDC. Based on the 2015/2016 sewerage headworks contribution rate (see Fees and Charges Schedule), the following contribution is applicable:

1.1 EDC x $4,315.00 = $4,746.50 Roadworks In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution a contribution towards 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 = (3 x 0.73) - 1 = 1.19. Based on the 2015/2016 augmentation of the road network contribution rate (see Fees and Charges Schedule), the following contribution is applicable:

1.19 x $4,315.00 = $5,134.85 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 open space contribution = (3 x 0.73) - 1 = 1.19. Based on the 2015/2016 open space contribution rate (see Fees and Charges Schedule), the following contribution is applicable:

1.19 x $4,315.00 = $5,134.85 REFERRALS Concurrence This application did not trigger referral to a Concurrence Agency.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 46

Advice This application did not trigger referral to an Advice Agency. Internal Consultation Development engineering PUBLIC NOTIFICATION The development proposal was placed on public notification from 12 June 2015 to 3 July 2015. The applicant submitted the notice of compliance on 3 July 2015 advising that the public notification requirements were carried out in accordance with the requirements of the Act. One (1) properly made submission was received objecting to the proposed development. The grounds for objection are summarised and commented on below:

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 47

Grounds for objection /support Comment

If the development is approved and the approval is acted on, the submitter is concerned that she will then have two additional backyards (three total) backing onto her south-west property boundary.

The proposed unit development will result in two additional back yards (3 total) backing onto the submitters south-west property boundary. However, conditions will be attached to any approval requiring the erection of 1.8 metre high solid screen fencing along this common boundary as well as the sites common boundary to adjoining Lot 2 on SP206329. It is considered this fencing condition will reduce any impact to an acceptable level.

The submitter is concerned that the subject site may be subdivided in future to separately title the three proposed units. The submitter is unclear as to whether a development application to Council would be required.

Once the unit development is complete, the applicant may separately title the units (Building Format Plan) without needing another development permit from Council. If this were to happen, it is unlikely this would have any additional amenity impact on the adjoining properties.

The submitter is unsure as to whether the unit development will be constructed as a whole or in stages.

The application does not propose a staged approach to the development. Additionally, in response to this submission, the applicants have stated that the three units will be constructed concurrently.

The submitter has questioned whether fencing will be in place during construction to minimise noise and dust nuisance.

The applicant/developer is required to erect the 1.8 metre high solid screen fencing prior to the commencement of the use (occupation of the units) and not prior to the building stage.

Guidelines for dust and noise nuisance on job sites (including allowable work hours) are set out in the Environmental Protection Act 1994 and enforced by Council's Environmental Health Department.

It should be noted that a single dwelling with a modest GFA similar to the total combined GFA of the three proposed units could be constructed on site as self-assessable development with the same potential impacts.

The submitter is concerned that the development will devalue her property.

This is not a land use planning concern.

The submitter does not believe the proposed development is appropriate in the locality.

The proposed development represents a practical and orderly use of the land and is consistent with the FNQ Regional Plan in that "an appropriate range and mix of dwelling types and sizes are provided in new residential developments" (DRO 4.4).

The subject site's proposed zoning under the draft MSC Planning Scheme is low density residential which would support self-assessable duplex unit development.

Refusing small scale unit development within the urban footprint would conflict with modern planning principles and set a negative precedent for future unit development throughout Mareeba's residential zones.

The submitter has questioned whether the service address for the three (3) units will change from Seary Road to Nolan Street.

Should the development proceed, it is likely that the new service address for the units will be "unit 1 -3, 2 Nolan Street, Mareeba".

The submitter has questioned whether the proposed development will trigger the requirement for a stop sign at the intersection of Nolan Street and Seary Road (currently a give way).

The proposed unit development will not trigger the requirement for a stop sign at the intersection of Nolan Street and Seary Road. The proposed unit development is not likely to have a significant impact on traffic movements at this intersection.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 48

Submitters

PLANNING DISCUSSION Non-compliance with the relevant acceptable/probable solutions contained within the Planning Scheme's codes is discussed below: Car Parking Code Movement and Access S13 Access is safe, functional, convenient and located in accordance with the Road

Hierarchy Map R3.

AS13.3 All on site traffic movements are to be designed for all vehicles to enter and leave the site in a forward gear.

Comment The three (3) proposed units will be accessed via three separate driveways from Nolan Street. The driveways do not contain adequate provisions to allow vehicles to manoeuvre and leave the site in a forward gear therefore making the development non-compliant with AS13.3. Considering that Nolan Street is a lower order street which does not experience significant traffic volumes, and that the proposed ingress/egress arrangement for each unit is no different to any conventional dwelling in the surrounding locality, it is considered that the development still provides for safe, functional and convenient access to each unit. It is considered the development can achieve S13.

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:

(i) for land within Preferred Area No 1 - 300 persons per hectare; and (ii) for land outside Preferred Area No 1 - 50 persons per hectare.

Name of principal submitter Address

1. June Hamilton 14 Seary Road, Mareeba

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 49

Comment Three (3) x 1 bedroom units represent a population density of 49.9 persons per hectare, satisfying PS1.6(ii). It is likely that at some point, one or most of the studio rooms in each unit may be used as a second bedroom. If all three studio rooms were occupied as second bedrooms, the assumed population density for the total development would be 70.4 persons per hectare. The Mareeba Shire Planning Scheme 2004 calculates population density at 2.4 persons per two 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 potential for this 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 and scale of the proposed residential units, 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: 21 July 2015

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 50

ATTACHMENT 1 APPROVED PLANS (ECM VS# 3671724)

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 51

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 52

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 53

ATTACHMENT 2

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 54

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 55

ATTACHMENT 3

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 56

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 57

ITEM-4 REVISED 2015/2016 FEES AND CHARGES FOR URBAN AND REGIONAL PLANNING (CATTERIES)

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 5 August 2015

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

EXECUTIVE SUMMARY

Council at its ordinary meeting held on 15 July 2015 resolved to amend the 2015/16 Planning fees and charges in relation to animal husbandry - intensive (cattery) development applications. The amended fee structure recognises the small scale and confined impacts of most cattery development compared to the complexity of assessment for the other animal husbandry - intensive uses such as boarding kennels, poultry farms and piggeries. This report presents the revised 2015/2016 Fees and Charges for Urban and Regional Planning activities for Council's consideration and endorsement.

OFFICER'S RECOMMENDATION

"That Council adopt the revised 2015/16 Fees and Charges for Urban and Regional Planning, as per the attached schedule."

BACKGROUND

Council at its ordinary meeting held on 15 July 2015 resolved to amend the 2015/16 Planning fees and charges in relation to animal husbandry - intensive (cattery) development applications. Under the current fee structure, a development application (cattery) attracts an application fee of $3,845.00 being the Animal Husbandry - Intensive (Code Assessment - Large) fee. This is the same fee as applied to poultry farms, feedlots and dog boarding kennels. Due to the typically small scale of catteries and their confined impacts, this fee is considered excessive, particularly when compared to the complexity of assessment for the other animal husbandry - intensive uses. Council officers have determined that the time spent assessing cattery applications is generally equivalent to that which would be experienced when assessing a Code Assessable - Medium application.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 58

It is therefore proposed that the 2015/16 Fees and Charges for Urban and Regional Planning be revised to charge Animal Husbandry - Intensive (Catteries) the Code Assessment - Medium fee of $1,440.00. All other Animal Husbandry - Intensive development applications will continue to be charged $3,845.00 as per the current 2015/16 Fees and Charges for Urban and Regional Planning.

LINK TO CORPORATE PLAN

GOV 1 - Develop an achievable long term financial plan that underpins Council's long-term financial sustainability.

CONSULTATION

Internal Manager Development and Governance External Nil

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

Council must be able to demonstrate that the cost recovery fees are no more than the cost of providing the service. Council is able to set a fee that is lower than the calculated cost where it is deemed appropriate.

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

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

IMPLEMENTATION/COMMUNICATION

Schedule of fees and charges displayed on Council website and provided to external stakeholders.

ATTACHMENTS

1. Revised 2015/16 Fees and Charges for Urban and Regional Planning Date Prepared: 20 July 2015

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 59

ATTACHMENT 1

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 60

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 61

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 62

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 63

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 64

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 65

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 66

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 67

GOVERNANCE AND COMPLIANCE

ITEM-5 DEVELOPMENT AND GOVERNANCE QUARTERLY REPORT - APRIL TO JUNE 2015

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 5 August 2015

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

EXECUTIVE SUMMARY

This report presents the key activities and achievements of the Development and Governance Group for the April - June 2015 quarter.

OFFICER'S RECOMMENDATION

"That Council receive and note the quarterly report of the Development and Governance Group for April to June 2015."

BACKGROUND

The Development and Governance Group is comprised of the following Council service areas: Governance and Compliance Building and Plumbing Regional Land Use Planning Local Laws and Environmental Health Highlights and Significant Issues Nil

Governance and Compliance Some of the main issues dealt with by the Governance and Compliance section during the quarter were as follows: Risk Management

The results of a performance audit on fraud management in local government carried out by the Queensland Audit Office during 2014 were received for comment prior to tabling of the Auditor-General's report in Parliament. As a result of the audit, local governments will be required to assess themselves against the findings of the report and where

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 68

needed, develop, revise or update policies and procedures, risk assessments and control plans to guard against fraud and corruption.

Leases

Continued to progress Trustee Leases/other leases for the following Clubs and organisations:

o Kuranda Men's Shed - waiting on advice back from the organisation as to

whether they wish to proceed with the old Kuranda Works Depot site

o Mareeba Mountain Goats Club - signed leases have been received back from the

Club and will now be lodged with Titles Office for registration

o Mareeba United Football Club - waiting on advice back from Club in relation to

lease boundaries of soccer fields before finalising lease document

o Mareeba Gymnastics Club - waiting on approval back from DNRM before lodging

lease for registration

o Kuranda Recreation Centre - no further action taken pending review of

Community Leasing Policy

o Kuranda Horse & Pony Club - waiting on finalisation of Land Management Plan

for Mantaka Reserve which has now been advertised for public consultation

o Chillagoe Bushman's Carnival Association Ltd (Chillagoe Rodeo Grounds) - lease

finalised

o Model Aero Sports Club of TNQ (part of Sewerage Reserve off Adil Road,

Mareeba) - lease finalised

o An enquiry has been received in relation to a change of hours of operation for the

FNQ Sports and Pistol Club at Mt Molloy. On receipt of a formal written request, the matter will be referred to Council

o Vodafone - Mareeba Water Tower - Council's Solicitor is in process of negotiating

new draft Trustee Lease with Vodafone

o Rural Fire Brigade Leases - Koah, Speewah, Irvinebank, Julatten (the Irvinebank

lease has been finalised). Land Management Plans

The following Land Management Plans were finalised and registered on the Reserve title during the quarter:

o Centenary Park, Mareeba

o Roiko Road, Mareeba (Mountain Goats Bike Club)

o Alex Lawson Park/Water Tower, Mareeba

o Ten Acres Park, Chillagoe

o Geraghty Park, Julatten

o Margaritha English Park, Julatten

The following Land Management Plans were advertised for public consultation during the quarter with submissions closing in July:

o Dimbulah Horse & Pony Club - Reserve R173

o Dimbulah Caravan Park/Swimming Pool - Reserve R171

o Dimbulah Soccer, Tennis and Basketball - Reserve R114

The following Land Management Plans were reviewed and submitted to DNRM for approval to advertise for public consultation:

o Mantaka Park, Kuranda (Horse & Pony Club)

o Mareeba Men's Shed, Lloyd Street, Mareeba

A draft Land Management Plan was prepared for the newly created Reserve for Park & Public Halls on which the Dimbulah Kindergarten and Community Centre are located.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 69

Industrial Estates

Chillagoe Industrial Estate:

o Legal advice received on existing lease provisions and conditions of sale in

readiness for future sale of lots

o Removal of terminated leases from Title was finalised by Council's Solicitor

o Council's Planning Section has progressed the planning approval for

Reconfiguration of a Lot and this will be submitted to Council in the near future

o Council's Surveyor has progressed the preparation of the plan of survey for

subdivision purposes

Mareeba Industrial Park - progressed the following matters:

o Calling of tenders for sale of 11 lots within the Park and report to Council on

tenders received

o Responded to enquiries from local Real Estate Agents and persons interested in

taking up lots in the Estate Mareeba Aerodrome

Responded to enquiries for lease of hangar sites at aerodrome. A total of 17 enquiries have now been received and response has been that no further sites will be made available until review of overall Master Plan has been finalised.

Discussions held with the spokesperson for the Mareeba Airport Users Group in relation to the re-development of the aerodrome and input from the Users Group to that process.

Progressed the issue of new or amended leases to some existing lessees and change of ownership and subleasing arrangements for some other leases.

Followed up with one lessee as to whether he wishes to continue with his lease as it has never been finalised. He has been given until end of July to advise Council of his intentions. If he does not wish to proceed, the lease site can be re-tendered.

Complaints Management Complaints Management continues to be handled in conjunction with Land and Lease matters. A review process is underway as to the status of the number of complaints still in process and what further action needs to be undertaken to effect resolution. Council officers continue to have contact with the Office of the Queensland Ombudsman in relation to matters referred by the Ombudsman to Council for the conduct of an internal review process. Competing priorities with the inclusion of Land and Lease matters in addition to the role of Governance will continue to challenge existing staff resources to effectively and appropriately deal with governance related matters. Details of complaints received/processed during the quarter ending 30 June 2015 are displayed in the table below:

Complaints carried over from previous period (January to March 2015) 19

Complaints lodged during reporting period (April to June 2015) 1

Complaints finalised during reporting period (April to June 2015) 2

Complaints still in process (not finalised) during reporting period (April to June

2015) 18

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 70

Building and Plumbing Building and Plumbing Approvals

The local construction industry has maintained great performance over the 2014/15 financial year with a total of 397 building approvals issued which included 303 Council approvals and 94 Private Certification approvals. The total value of all building approvals for the 2014/15 financial year was $47,987,236.73, compared to $40,702,865.17 in 2013/14 financial year (an 18% increase in value of building works on the previous financial year's figures). This total increase in value of building work is due to a greater than average number of dwelling constructions in 2014/15 financial year of 159, which is an increase of 33 units over 2013/14 financial year.

Regulatory Actions

Construction Industry Summary for April - June quarter:

Approvals

The last quarter for 2014/15 financial year saw a total of 93 building approvals issued which included 74 Council approvals and 19 Private Certification approvals.

Dwellings

Dwelling approvals continue to remain strong in this quarter, with 39 approvals in total. This is an increased 15 units when compared to January-March quarter figures. The Mareeba Township again observed a sufficient amount of the total work for the shire with 27 dwelling units approval in the community.

Value of Approval

The total value of building approvals for the April-June quarter of $9,476,133.34 shadowed the performance set in previous quarter's figures.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 71

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 72

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 73

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 74

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 75

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 76

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 77

Regional Land Use Planning New Development Applications Fourteen development applications were lodged in the June quarter 2015 compared to twenty five lodged in the June quarter 2014. Total applications lodged in 2015 to the end of the June quarter was 34 compared to a total of 33 applications for the same period in 2014. Development Applications received/approved during quarter:

New Development Applications lodged 14

Decision Notices issued under delegated authority 9

Negotiated Decision Notices issued under delegated authority Nil

Decision Notices issued (from Council Minutes) 7

Negotiated Decision Notices issued (from Council Minutes) Nil

Extensions to relevant period issued 3

Change to existing Development Approval issued 2

Building Work approvals issued under delegated authority 1

Survey Plans endorsed 11

Notices issued under SPA 3

Planning Appeals and other Court proceedings Nil

Local Laws and Environmental Health Environmental Health The Environmental Health section responded to a total of 84 enquiries, complaints and service requests for the quarter relating to the following matters:

Food Business Enquiry 45

General Service Requests 2

Health 8

Nuisances (air, water, noise) 16

Local Laws (Environmental Health) 7

Public Health 4

Food Complaint 0

Environmental Management 2

Notices Issued, Inspections Carried Out, Applications Processed Environmental Health

Licensed premises inspected 49

New Food applications 14

Compliance Notice 0

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 78

Local Laws

Penalty Infringement Notices Issued 44

Warning Letters issued 69

Compliance Notices issued 70

Local Laws Local Laws Officers dealt with a total of 396 complaints and enquiries during the quarter relating to the following matters

Animals enquiries - Dangerous dogs, noise, stray, traps, too many,

338

General Enquiries 12

Abandoned vehicles, Illegal Signs, Illegal Camping

21

Overgrown allotments, roads 3

Nuisances (backyard burning) 12

Parking 4

Temporary Entertainment Event 0

Commercial Use of roads, parks enquiries 6

Impoundments A total of 140 animals were impounded:

Cats 62

Dogs 70

Other 1

6.5% of impounded cats were claimed by their owners 9.7% of impounded cats were handed over to FOTA 83.8% of impounded cats were euthanized 50% of impounded dogs were claimed by their owners 5.7% of impounded dogs were handed over to FOTA 44.3% of impounded dogs were euthanized

LINK TO CORPORATE PLAN

GOV 5 - Conduct a work management systems and procedures review to develop an efficient organisation supported by cost effective work practices and systems ENV 2 - Maintain a proactive response to public health and safety matters including incorporating CPTED principles in town centres and commercial developments ENV 3 - Appropriate consideration is given to planning and development controls, design guidelines, traditional ownership and sustainable development principles when making planning decisions

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 79

CONSULTATION

Senior Planner Senior Building & Plumbing Officer Coordinator Environmental Health & Local Laws Governance & Compliance Adviser

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

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

NIL

IMPLEMENTATION/COMMUNICATION

Relevant information to be publicised in media. ATTACHMENTS Nil

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 80

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 81

ITEM-6 TRANSFER OF BRADY PARK TO QUEENSLAND DEPARTMENT OF EDUCATION

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 5 August 2015

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

EXECUTIVE SUMMARY

A request has been received from the Mareeba State School for Council to grant them the land adjacent to the School (Brady Park) to be utilised as play space and an outdoor learning area. The request is made in light of the continued growth of the School and a shortage of play space and outdoor learning areas within the existing School reserve.

OFFICER'S RECOMMENDATION

"That Council agree to the transfer of Brady Park to the Queensland Department of Education to provide additional play space and outdoor learning areas for the Mareeba State School and Council officers consult with the Department of Natural Resources and Mines on the required process to surrender the existing Reserve for Local Government Purposes (Lot 109 on NR6627) so that appropriate tenure can be granted to the Education Department to allow the land to be used for School purposes."

BACKGROUND

The attached letter from the Principal of the Mareeba State School requests that Council consider granting them the land adjacent to the School (Brady Park) for use as a play space and outdoor learning area. With the continued growth of the School and two additional teaching blocks soon to be erected within the existing School grounds, there is a desperate shortage of play space and outdoor learning areas for the students. In May 2009, the Tablelands Regional Council CEO wrote to the then School Principal offering the School the use of the oval on a long term arrangement provided that the School maintained the area (copy of letter attached). In view of the fact that the Park is ideally located to provide for the needs of the School and given also that it is not well utilised by the general public and there is an annual maintenance cost to Council, it is recommended that Council agree to the transfer of the Park to the Department of Education and Council officers consult with the Department of Natural Resources and Mines on the required process for surrender of the existing Reserve for Local Government Purposes and provision of appropriate tenure to the Department of Education to allow it to be used for School purposes.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 82

LINK TO CORPORATE PLAN

COM 2 - Conduct an analysis of current community facilities and develop a Shire wide community facilities plan to guide the assessment of maintenance programmes, possible capital upgrades of existing facilities and community requests for new facilities to ensure equity of access. 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 Chief Executive Officer External Principal - Mareeba State School

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

Nil

POLICY IMPLICATIONS

Nil.

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Transfer of Brady Park to the Department of Education will help reduce Council's Parks & Gardens operating cost. 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

IMPLEMENTATION/COMMUNICATION

The Principal, Mareeba State School will be advised in writing of Council's decision and Council officers will contact the Department of Natural Resources and Mines for advice on the process to following in surrendering the existing Reserve for Local Government Purposes.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 83

ATTACHMENTS

1. Letter dated 20 July 2015 from the Principal, Mareeba State School. 2. Letter dated 22 May 2009 from the CEO, Tablelands Regional Council to the Principal,

Mareeba State School. Date Prepared: 28 July 2015

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 84

ATTACHMENT 1

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 85

ATTACHMENT 2

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 86

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 87

COMMUNITY WELLBEING

ITEM-7 AGED HOUSING SERVICE DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 5 August 2015

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

EXECUTIVE SUMMARY

This report recommends a phased approach to implementing the second rent increase that is due on 3 August 2015 for the Aged Housing service. This approach takes into consideration a revised market rent appraisal that was conducted in May 2015 and a staged approach to implementing the full rent increase that will have a lower impact on tenants but will allow the Aged Housing Service to be self-funding within 3 years. Subsequent rent increases will be by normal annual increment based on Council Cost Index (approximately 2.6%) to take place annually in April, coinciding with annual pension increases. Further market rent appraisals are conducted as required for the ongoing rent review process.

OFFICER'S RECOMMENDATION

"That Council implement the second Aged Housing rent increase in three equal stages on the 31 August 2015, 4 April 2016 and 31 October 2016."

BACKGROUND

1. Social Housing Provider Mareeba Shire Council is a registered Community Housing provider with 108 units in Mareeba, Mt Molloy, Kuranda and Dimbulah. Council has been provided with funding for 84 of these residences from the Department of Housing, either to upgrade the property or to cover the full construction of new units. Council must abide by the Community Housing Rent Policy (September 2013) with respect to the 84 units that have been constructed or upgraded with state government funding. For consistency regarding tenants and administrative efficiency, Council has been applying the Community Housing Rent Policy to all of the 108 units. The policy requires Council to conduct a rent review at least every 12 months.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 88

2. Reviewing and Setting Rents 2.1 2014 Review On 19 November 2014 Council resolved to increase the rent for the aged housing tenants based on a commercial market appraisal of the 108 units: "Increase rental to comply with the Queensland Government's Community Housing Rent Policy and to reduce impact on the tenants phase in the rental increase over 10 months as follows: a) Increase rents on 2 February 2015 to all properties by 50% of the calculated rent increase; and b) Increase rents on 3 August 2015 to all properties by the remaining 50% of the calculated rent increase." The rent increases were based on the commercial market appraisal of each property that was conducted by real estate agents in late 2014. In accordance with the Community Housing Rent Policy, calculations were done using the Department's Electronic Rent Calculator Tool (ERCT) to determine if the rent for each property was set at the market rent or was no more than 25% of the tenant's income plus rent assistance, with the tenant to pay whichever is the lower amount. The Policy ensures that rent is no more than 25% of the tenant's assessable income plus rent assistance. For most tenants, the new rents introduced in February 2015 represented a significant increase due to the fact that there have been no incremental rent increases for approximately 10 years and the new market appraisals which provided a much higher rental rate. 2.2 May 2015 Rent Review A review of the methodology was conducted and the market rent appraisals were reviewed by the real estate agents who provided the initial market rent appraisals. The review took into account the unique features of Council's long term social housing properties including: • the financial contributions made by tenants to properties; • the low risk of property damage; and • the long term tenancy of most properties. The revised market rent appraisals for most properties was lower than the initial review. 3. Recommendation Tenants are expecting another rent increase in August 2015 of similar proportions to the first increase in February 2015, as Council advised them in writing last year. However, the revised market rent appraisals will deliver a lower rent increase for the majority of properties. Additionally, introducing the full revised rent increase in a staged approach over 14 months and aligning the rent increase with pension increases will lessen the impact on tenants, and allow the Aged Housing Service to be self-funding by 30 June 2017.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 89

LINK TO CORPORATE PLAN

COM 2 Conduct an analysis of current community facilities and develop a Shire wide community facilities plan to provide equity of access.

CONSULTATION

Internal Manager Community Wellbeing Management Accountant Facilities Officer - Aged Housing External Mareeba Community Housing Kuranda Real Estate Mareeba Real Estate Agency

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

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

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

Yes

IMPLEMENTATION/COMMUNICATION

The tenants will be advised of the new rental based on Council's decision.

ATTACHMENTS

Nil Date Prepared: 24 July 2015

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 90

INFRASTRUCTURE SERVICES

TECHNICAL SERVICES

ITEM-8 QMSC2015-12 MAREEBA LIBRARY & KOWA STREET OFFICES CLEANING CONTRACT

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 05 August 2015

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

EXECUTIVE SUMMARY

Tenders were called for the provision of cleaning services for the Council offices in Mareeba which include Kowa Street Offices, Donga and Soils Lab and the Mareeba Library and Donga being QMSC2015-12. The tenders required suitably qualified and experienced contractors to provide a cleaning service, based on a detailed work specification. The tender requested a fixed price for the term of the contract (inclusive of GST) being a two year period.

OFFICER'S RECOMMENDATION

"That Council award QMSC2015-12 being the cleaning of the Council offices in Mareeba which includes the Mareeba Kowa Street Offices, Soils Lab and Donga and the Mareeba Library and Donga to Menzies International (Aust) Pty Ltd, for the lump sum of $31,920.99 (inclusive of GST) per annum."

BACKGROUND

Mareeba Cleaning Services has had a Contractors Service Agreement for the cleaning of the Mareeba Council offices and library. The agreement commenced on 19 January 2009 with an expiry date of 18 January 2010 with an option for a 12 month renewal. The option for renewal was agreed by Council and the Mareeba Cleaning Services agreement was extended with an expiry date of 18 January 2011. A tender was called in 2011, however due to changes in the responsibilities of the schedule of works the Mareeba Cleaning Tender was withdrawn. In 2012 a new tender was called for the Mareeba Cleaning with a recommendation to award the tender to a non-local supplier. This recommendation was questioned by Council and further information was requested. From the records, it appears that there was no decision up to the time of de-amalgamation and no further action was taken, therefore the agreement was not renewed and the above locations have been cleaned on a month to month basis.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 91

Menzies International (Aust) Pty Ltd had been the contract cleaner for the Cairns Airport for over 18 years. It was not renewed only due to the specialized cleaning required that Menzies could not supply as the Airport grew. They currently are and have been for 10 years the industrial contract cleaner for Ports North. Sharon Gurney from Menzies International stated that the communication has been paramount in their company's day-to-day operations due to the remoteness of workshops, offices and amenities. While Menzies is a non-local supplier its tender is significantly lower than any other Tableland business even after being assessed with the additional 10% as per Council's Procurement Policy. The breakup of prices has been forwarded to Council ahead of this report. Because of this lower quotation submitted Council has carried out further investigations to verify the decision to offer Menzies International this contract. Referees were notified and gave Menzies glowing reports of both past history and current working relations. They have also confirmed that local employees would be engaged to carry out the required duties for this contract.

LINK TO CORPORATE PLAN

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 Mareeba Branch Library Supervisor Stores Officer Project Manager Building Facilities Officer Manager Technical Services External Nil

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

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 92

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

Yes

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

IMPLEMENTATION/COMMUNICATION

Successful and unsuccessful tenderers to be advised accordingly.

ATTACHMENTS

Specifications of cleaning for: 1. Depot Offices - Kowa Street; 2. Soil Laboratory - Kowa Street; 3. Dongas - Kowa Street; 4. Mareeba Library - Byrnes Street; 5. Mareeba Library Dongas - Byrnes Street.

Date Prepared: 29 July 2015

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 93

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 94

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 95

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 96

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 97

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 98

ITEM-9 QMSC2015-14 MONTHLY POOL MAINTENANCE DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 05 August 2015

REPORT OFFICER’S TITLE: Manager Technical Services

DEPARTMENT: Infrastructure Services, Facilities

EXECUTIVE SUMMARY

Quotations were called for the monthly maintenance of Mareeba Shire Council's three (3) swimming pools. The quotation QMSC2015-14 was called for the supply of all goods, materials and services to undertake commercial swimming pool maintenance for a twelve (12) month period at the Dimbulah, Mareeba and Kuranda Pools.

OFFICER'S RECOMMENDATION

"That Council award the monthly pool maintenance contract QMSC2015-14 for the Mareeba and Dimbulah Swimming Pools and the Kuranda Aquatic Centre to H2O Warehouse for the quoted price of $11,484 (inclusive of GST) per annum."

BACKGROUND

Since January 2014, Kirratech Pool Services Pty Ltd, Cairns has undertaken the monthly pool maintenance of the Council's three (3) swimming pools. The Mareeba and Dimbulah pool facilities include a 50 metre pool, children and/or toddler pools. The Kuranda Aquatic Centre includes a 25 metre pool and a toddler pool. The schedule of maintenance is identified in Table 1 of this report.

In addition to the maintenance undertaken by the contractor the pool lessees are required to undertake daily maintenance including:

Undertake water disinfection and treatment procedures;

Undertake daily water testing to meet the water quality standards. Auditing of water quality by Council testing authority (IMC) is also undertaken on a monthly basis;

Responsible for the use and storage of pool chemicals;

Maintain a record of operation and use of chemicals;

Daily checks of pool equipment;

Maintain emergency action plan and operation manual;

Mowing of lawns and weeding of landscape areas;

Pest management;

Emptying and filling of pools;

Keep footpaths and amenity blocks free of dirt, mould and lime;

Keep plant and equipment in a clean and tidy order;

Repair and replace any damaged plate glass;

Maintain kiosk including fittings and equipment;

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 99

Replace light bulbs of 100w or less. The invitation for quotation was advertised in the Mareeba Express on 18 March 2015, Tablelands Advertiser on 13 March 2015 and Gazette on 12 March 2015. Two submissions were received from:

Aquafix Mareeba $11,100 (inclusive of GST)

H2O Warehouse Port Douglas $11,484 (inclusive of GST) Details of the pricing received have been forwarded to Council separately to this report.

The current maintenance provider, Kirratech, did not provide a quotation by the closure date and when contacted, advised that they missed the advertisement in the paper. They also advised that their quotation for this work would remain as per the existing contract. Refer to Table 2.

Subsequently post submission meetings and discussions to confirm details of their submissions were held with the two companies who provided the quotations. Responses from these meetings are as follows.

Aquafix (John Arcidiacano) - A resident of Cairns and owner/operator of Aquafix Pool Shop in Mareeba for 18 months and having experience in pool maintenance and servicing since 2008 including water testing, chemical supplies, vacuuming, equipment servicing, repairs and sales.

Aquafix would rely on technical support for any repair work that may arise from the equipment at our pools. Mr Arcidiacano has gained knowledge of the Kuranda Aquatic Centres operations and has mentioned that he is trying to work out a way to dissolve the salt into a liquid form.

Aquafix currently services and maintains the 25m lap pool and also the smaller kidney shaped pool at Savannah Lifestyle Resort in Mareeba and has been doing so for a number of years. Even though the pool pumps, filters etc are still under warranty Aquafix has gained knowledge to assist the resort in breakdowns. Aquafix response time is immediate and Mr Arcidiacano is the sole pool shop operator in Mareeba, mainly servicing domestic pools.

H2O Warehouse (Mark Norman) - A resident of Julatten and owner/operator of the Port Douglas H2O Warehouse since 1999. H2O are experienced with commercial pools and are currently under contract to provide plant operations, cleaning and maintenance servicing to Sheraton Mirage, Pullman Sea Temple, and Peppers Beach Club. H2O also service pools and supply chemicals and commercial robotic cleaning systems to Weipa, Cooktown, Douglas, Cairns, Hinchinbrook and Cassowary Councils.

H2O are the only authorised commercial repair centre north of Townsville for Maytronics cleaners, a model which is currently in operation at the Mareeba Pool. H2O has knowledge of the service history at the Kuranda Aquatic Centre including its operations and equipment. On interviewing H2O to ascertain further assurance of their knowledge and skills, Mr Norman was able to provide advice on ways to support the operations of all MSC pools. A representative of Sea Temple at Port Douglas has indicated that the service received from H2O is of high standard and has found that H2O are always happy and prompt to assist and recommend improvements to both maintenance and operations of their resort pools.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 100

Based on a review of the two quotations received and the summary of the discussions detailed above, it is recommended that H2O be awarded the contract, based on their superior experience with the maintenance of commercial pools. Table 1 below provides the schedule of maintenance works required at each of the three pools.

The current 2014 yearly service fees from Kirratech are detailed on the next page in Table 2.

Table 1

Mareeba Swimming Pool Dimbulah Swimming Pool Kuranda Aquatic Centre Works included 50metre main pool and children and toddler pools

Works included 50metre main pool and children pool

Works included 25metre main pool, and toddler Pool

Clean chlorine injectors Clean chlorine injectors Clean chlorine injectors

Check integrity of circulation pumps Check integrity of circulation pump Check integrity of circulation pumps

Check solar heater controls and temp

Clean Co2 diffuser Check heater controls and temp

Clean Co2 diffuser Check and lube valves as required Check and lube valves as required

Check and lube valves as required Test and record water balance PH/CHL/Alka

Test and record water balance PH/CHL/Alka

Test and record water balance PH/CHL/Alka

Check chemical dosing lines Check chemical dosing lines

Check chemical dosing lines Check and clean non returns on injection lines

Check and clean non returns on injection lines

Check and clean non returns on injection lines

Clean Co2 indicator vial Check and clean cells as required

Clean probes and calibrate Stranco units

Check filter pressures and tank integrity

Check filter pressures and tank integrity

Clean Co2 indicator vial Report of repairs required Report of repairs required

Check filter pressures and tank integrity

Consult with Lessee regarding operating issues

Consult with Lessee regarding operating issues

Report of repairs required Travel cost to location Travel cost to location

Consult with Lessee regarding operating issues

Travel cost to location

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 101

LINK TO CORPORATE PLAN

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 Stores Officer Project Manager Building Facilities Officer External Nil

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

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

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

Table 2

Kirratech Yearly Service Fee

(inc GST)

Mareeba Swimming Pool $5,544

Kuranda Aquatic Centre $4,752

Dimbulah Swimming Pool $5,874

Annual Total Cost $16,170

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 102

IMPLEMENTATION/COMMUNICATION

Successful and unsuccessful tenderers to be advised accordingly.

ATTACHMENTS

Nil Date Prepared: 29 July 2015

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 103

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 104

ITEM-10 REQUEST TO NAME AN UNNAMED ROAD OFF BLACK MOUNTAIN ROAD, JULATTEN

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 05 August 2015

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

EXECUTIVE SUMMARY

A section of road reserve off Black Mountain Road providing access to four properties and has not been officially named. Council's road naming policy states that:

"Where an existing road is unnamed, a property owner may submit a written request to Council to name that road, by selecting an entry from the approved list for the relevant district. And Where a proposed name is not from an approved list, the proposal will be referred to Council for approval."

Accordingly Council wrote to the four adjoining property owners seeking their feedback on the naming of the road and this report provides details of their response.

OFFICER'S RECOMMENDATION

"That Council select the name Riley Road from the approved list in accordance with Council's Road Naming Policy and as suggested by one of the respondents."

BACKGROUND

As part of Council's ongoing review of the road asset register and following requests from adjoining property owners, it was discovered that a five hundred metre length of road reserve off Black Mountain Road, Julatten was not named. Letters and the approved list of road names from the Road Naming Policy were sent to the adjoining property owners on 10 June with feedback requested by 3 July. Only two responses were received by the due date with the following suggestions: The first respondent suggested Otto Road after their recently departed father or alternatively Riley or Weston Road from the approved list. The second respondent suggested Crystal Road as the area is studded with quartz crystals or alternatively Bainbridge Road being their family name and who have lived in the area for a significant amount of time.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 105

Riley Road has been recommended due to it being on the approved list and also suggested by the first respondent, however Council may wish to considerer any of the other six names listed and not already used. The Road Naming Policy and the approved list of road names was developed specifically for the purpose of honouring fallen soldiers from the district and when different suggestions for the same road are received, Council is not seen to be in favour of one respondent over another, therefore it is recommended that the name approved by Council be taken from this list.

LINK TO CORPORATE PLAN

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

CONSULTATION

Internal Manager Works Assets Officer Senior Planner External Adjoining property owners

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

Nil

POLICY IMPLICATIONS

The recommendation is in accordance with Council's Road Naming Policy.

FINANCIAL & RESOURCE IMPLICATIONS

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

Nil

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

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 106

IMPLEMENTATION/COMMUNICATION

On approval of a road name from Council, property owners and Emergency Services will be advised in writing as well as Councils asset, rates and GIS officers.

ATTACHMENTS

1. Letter and attachments as sent to the four property owners; 2. Letters of response received (x2); 3. Two locality plans. Date Prepared: 7 July 2015

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 107

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 108

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 109

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 110

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 111

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 112

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 113

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 114

BUSINESS WITHOUT NOTICE

NEXT MEETING OF COUNCIL

The next meeting of Council will be held in Council Chambers at 9:00 am on Wednesday 19 August 2015.

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 115

APPENDIX - COMMITTEE MEETING MINUTES

COMMITTEE MEETING MINUTES - TOURISM KURANDA

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 116

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 117

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 118

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 119

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 120

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 121

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 122

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 123

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 124

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 125

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 126

Mareeba Shire Council - Agenda Wednesday 05 August 2015

Page 127