local government meeting - cassowary coast region€¦ · position was established. in late 2011,...

LOCAL GOVERNMENT MEETING

12 April 2012

MINUTES

Cr Bill Shannon Cr Ross Sorbello Cr Carmel Silvestro Cr Jennifer Downs Cr Mark Nolan Cr Ian Rule Cr Bill Horsford

Mayor Division 1 Division 2 Division 3 Division 4 Division 5 Division 6

Please find attached, minutes for the Local Government Meeting to be held in the Johnstone Shire Hall - Level 2 Board Room, 70 Rankin Street, Innisfail commencing at 9.00am.

Terry Brennan CHIEF EXECUTIVE OFFICER

MINUTES

9.45am - 10.15am Presentation by Jeremy Blockey, N Q Fly in Fly out

Coordinator based at Advance Cairns 10.00am – 10.30am Morning Tea 12.15pm – 1.00pm Lunch

1. CONFIRMATION OF MINUTES ...................................................................................2 1.1 Confirmation of Minutes of Local Government Meeting, 22 March 2012........................2

2. RECEIPT OF MINUTES................................................................................................2 2.1 Minutes of the Audit Committee Meeting, 07 March 2012 .............................................2 2.2 Minutes of the Local Disaster Management Group, 21 March 2012 ..............................3

3. BUSINESS FROM PREVIOUS MINUTES ....................................................................3

4. MANAGEMENT......................................... ...................................................................3 4.1 Update on NDRRA Issues.............................................................................................3 4.2 Reconstructing Cardwell - Tender Proposal ..................................................................5 4.3 Quarterly Progress Review - Strategic Financial Action Plan to 31 March 2012 ............7

5. WORKS........................................................................................................................7 5.1 Works Department - Capital Works Report....................................................................7 5.2 Asset Management Update...........................................................................................8 5.3 Innisfail Water Treatment Plant Upgrade Progress........................................................8 5.4 Tender 1112-010 Tully Sewerage Upgrade - Stage 2 Progress Report.........................9 5.5 Innisfail Sewerage Treatment Plant Upgrade Progress .................................................9

6. COMMUNITY..............................................................................................................10 6.1 Recovery Effort Review - Discussion Paper ................................................................10 6.2 New Pavilion - Tully Showgrounds ..............................................................................11

7. PLANNING & ENVIRONMENT............................. ......................................................12 7.1 DA034/11C - Development Application for Operational Works for an Advertising

Device - 178 Victoria Street, Cardwell .........................................................................12 7.2 DA009/12J - Development Application for Material Change of Use for a Commercial

Activity (Offices) - 2 Stitt Street, Mighell ......................................................................14 7.3 DA 016/08C - Prelim Approval to override the Plan Scheme for MCU for use rights

consistent with the Mission Bch Medium Density Residential Precinct and the Mission Bch Local Business Precinct and a Develop Permit for reconfig a Lot (2 Lots into 3 Lots) .........................................................................................................................19

8. CORPORATE .............................................................................................................40

9. NOTICE OF MOTION .................................................................................................40

10. GENERAL BUSINESS ................................... ............................................................40 10.1 Easter long week-end - Availability of Community Facilities ........................................40

11. CONFIDENTIAL ....................................... ..................................................................40

Minutes – CCRC Local Government Meeting 12 April 2012

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PRESENT: Crs B Shannon (Mayor), M Nolan, I Rule, J Downs, B Horsford, R Sorbello and C Silvestro and Messrs T Brennan (Chief Executive Officer), J W Pettigrew (Director Planning & Environmental Services), D Trotter (Director Works), T Rooks (Manager Technical Support), G Everson (Manager Assets), D Horton (Manager Planning Services), and Ms J Murphy (Director Community Services), Ms J Lightfoot (Communications Officer) (9.15am), Ms J Cooksley (Minutes Clerk), Mrs D Vitali and Miss K Perkins. It was noted that on commencement of the meeting Mr M Fanning, TMR Project Manager, Reconstructing Cardwell project was in attendance.

1. CONFIRMATION OF MINUTES

1.1 CONFIRMATION OF MINUTES OF LOCAL GOVERNMENT MEE TING, 22 MARCH 2012 Recommendation: “That the Minutes of the Local Government Meeting h eld on 22 March 2012 be confirmed as a true and correct record.” Moved Cr I Rule

Seconded Cr C Silvestro

Resolution Number 1404

"That the Recommendation be adopted ."

FOR VOTE - Unanimous

CARRIED

2. RECEIPT OF MINUTES

2.1 MINUTES OF THE AUDIT COMMITTEE MEETING, 07 MARCH 2012 Recommendation: “That the Minutes of the Audit Committee Meeting he ld on 07 March 2012 be noted and received.” Moved Cr M Nolan

Seconded Cr I Rule




CARRIED


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2.2 MINUTES OF THE LOCAL DISASTER MANAGEMENT GROUP, 21 MARCH 2012 Recommendation: “That the Minutes of the Local Disaster Management Group held on 21 March 2012 be noted and received." Moved Cr J Downs





CARRIED

3. BUSINESS FROM PREVIOUS MINUTES

Nil 9.15am Mr P Devine (Manager Special Projects and Planning) entered the meeting.

4. MANAGEMENT

4.1 UPDATE ON NDRRA ISSUES Executive Summary: Good progress is being made with the finalisation of submissions to the QRA for the restoration of damaged assets from Cyclone Yasi. Of the 55 packages of works, 14 have been approved by the QRA and a further 34 are awaiting approval, with 6 packages being finalised for submission and one package not approved at this time. As verbally advised at the last Council meeting, written confirmation has been received from the State Government of the separate Declaration of a Disaster event for the damage sustained to Rinaudo Bridge and Cooroo Lands Road as a result of a significant rainfall event in October 2011. The Council will be required to meet the expenditure trigger point for this separate event. The Request for Tender (RFT) process has been initiated in relation to packages of works for the restoration of sealed roads damaged from Cyclone Yasi. This will be issued to the contractors that were previously identified through the EOI process. The Council will be undertaking the management of restoration works for unsealed roads with the intent of using local contractors to do this work. The design for the Reconstructing Cardwell project is nearing completion and it is planned to invite tenders for this work by mid-April. The project for the reconstruction of the jetties at Clump Point and Dunk Island has progressed with the EOI process closing on 4 April. A two stage tender process will be undertaken as it is planned to use a design and construct contract for these works.


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4.1 UPDATE ON NDRRA ISSUES (CONT'D…) Recommendation: “That the report by the CEO on current progress wit h various NDRRA issues be received and noted.” Moved Cr I Rule

Seconded Cr R Sorbello




CARRIED

CARDWELL ESPLANADE MARINE INFRASTRUCTURE REALIGNMEN T PROJECT - RECONSTRUCTING CARDWELL Mayor Bill Shannon welcomed Mr Matt Fanning to the meeting and invited him to address the Council. Mr Fanning spoke to an overhead presentation on the project, in particular the updated design of the Cardwell foreshore and 1.4km reconstruction of the Bruce Highway known as Victoria Street. Mr Fanning spoke about the various aspects of the project, including: � the project delivery development steps undertaken to date, including project time frames and

community/agency involvement � sand sourcing � the arborist report on 76 Calophyllum Inophyllum trees � the Community Reference Group Meeting held on 10/04/12 which was extremely well

attended � the highway geometric design � the 'draft' Landscaping design - Foreshore � the Construction Program � the potential risks - Foreshore/Highway Detailed design works, tender documentation and specifications are complete with the works to be advertised as a single Road Construction Contract Open Tender on Saturday 14 April, with construction planned to commence in July 2012. The Mayor thanked Mr Fanning for providing a comprehensive update on the project. 9.30am Messrs V O'Brien (Manager Parks & Community Facilities) and S Basnayake (Economic Development Officer) entered the meeting accompanied by Mr Jeremy Blockey, N Q Fly in Fly out Coordinator entered the meeting.


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4.2 RECONSTRUCTING CARDWELL - TENDER PROPOSAL Executive Summary: The Cassowary Coast Regional Council and the Department of Transport and Main Roads (TMR) are working together to deliver Natural Disaster Relief and Recovery Arrangements (NDRRA) works called Reconstructing Cardwell following the devastation caused by Tropical Cyclone Yasi in February 2011. These works involve the reconstruction of the Cardwell Foreshore and 1.4km of the Bruce Highway known as Victoria Street. There was a need to develop a plan for these works and it was decided to develop a Cardwell Community Vision which was adopted by the Council in December 2011. The reconstruction works would be implemented in a manner consistent with the future aspirations of the adopted Cardwell Community Vision. Detailed design works, tender documentation and specifications are now complete with the works to be advertised Saturday 14 April as a single Road Construction Contract Open Tender. The Tender being managed under the Department of Transport and Main Roads Tender processes. Recommendation: “That: 1. Council receive and note the report on the Recon structing Cardwell Detailed Design

Tender Report and approve the advertising of Tender s for the reconstruction of the Cardwell Foreshore in accordance with the Departmen t of Main Roads Procurement processes.

2. Final budgets for the works be presented to the Council following tender evaluation for

determination of assets to be constructed. These bu dgets will include whole of life costs estimates.”

Moved Cr I Rule





CARRIED

9.50am Mr M Fanning left the meeting accompanied by Mr P Devine.


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PRESENTATION BY JEREMY BLOCKEY, N Q FLY IN FLY OUT COORDINATOR Mayor Bill Shannon welcomed Mr Blockey to the meeting and invited him to address the Council about the N Q Fly-In/Fly-Out (FIFO) initiative. Mr Blockey spoke to an overhead presentation on his role as the FIFO Coordinator, and how his position was established. In late 2011, the Federal Government selected Advance Cairns and SkillsDMC, a nationally-recognised Advisory Body on the skills and workforce development needs of the resources and infrastructure sectors to establish a 'pilot' Coordinator Program for Fly-In/Fly-Out (FIFO) workers in Cairns. The two-year project is a key recommendation from the National Resources Sector Employment Taskforce and forms part of the National Resource Sector Workforce Strategy launched in March 2011 by the Federal Government. The resources boom is creating an immediate need for skilled workers and this demand is only going to grow. Mr Blockey is based at Advance Cairns and works in partnership with SkillsDMC to match local job seekers with mining, construction and infrastructure projects, as well as establishing training and employment pathways for skilled workers and unemployed job seekers and linking mining companies with airlines to facilitate FIFO workers. He noted the region needs to diversify its local economy and the resources sector provides an important opportunity by providing local job opportunities and tackling the unemployment rate. Key Objectives of the project include: � To identify the potential FIFO workforce in the region and establish a pathway to link this

workforce to mining, construction and infrastructure jobs required by existing and emerging resources projects in northern Australia;

� To work with employment agencies and registered training organisations to find and train the

next generation of FIFO workers; � To link mining companies with airline and airport services to enable FIFO workers to travel to

remote worksites. Mission: To develop links between resources projects in remote locations and skilled workers, including local unemployed job seekers. A brief discussion ensued about the possibility of utilizing the Mundoo Airport for FIFO workers. The Mayor thanked Mr Blockey for his informative presentation on the potential opportunities for FIFO employment in the resource and infrastructure sectors, particularly in North Queensland. 10.35am - The meeting adjourned for morning tea. It was noted when the meeting reconvened that Messrs S Basnayake and J Blockey were no longer in attendance.


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4.3 QUARTERLY PROGRESS REVIEW - STRATEGIC FINANCIAL ACTION PLAN TO 31

MARCH 2012 Executive Summary: In October 2008 the Council adopted a Strategic Financial Action Plan as one of a number of key measures intended to assist in improving its financial sustainability. The Action Plan has been used as a tool to assist Council to better manage its short and long term financial future. The Plan contains a set of key priorities, the implementation of which will assist Council in achieving longer term financial sustainability. The final quarterly review of the Action Plan during the current term of Council has recently been completed and is attached for Council's consideration. A copy of the review will also be forwarded to the Department of Local Government and Planning for its information. Recommendation: “That the quarterly review of the Strategic Financ ial Action Plan to 31 March 2012 be received and its contents noted.”

Moved Cr J Downs





CARRIED

5. WORKS

5.1 WORKS DEPARTMENT - CAPITAL WORKS REPORT Executive Summary: The Works Department has a substantial Capital Works Program for the 2011-12 financial year to be delivered in combination with the NDRRA works from 2009, 2010 and 2011. Recommendation: “That Council receive the report and acknowledge th e status of Capital Works projects.” Moved Cr B Horsford





CARRIED


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5.2 ASSET MANAGEMENT UPDATE Executive Summary: The Asset Management Program is advancing in line with the Asset Management Strategy 2010-15 and emerging trends in the field. This report provides Council with an update of progress to date. Recommendation: “That Council receive the Asset Management Update r eport.” Moved Cr C Silvestro

Seconded Cr J Downs




CARRIED

11.25am Mr S Basnayake re-entered the meeting. 5.3 INNISFAIL WATER TREATMENT PLANT UPGRADE PROGRES S Executive Summary: This is an update report to keep Council informed of the progress of the Innisfail Water Treatment Plant Upgrade project. The Principal Contractor, Queensland Concrete and General Constructions, has submitted the required documentation, has completed site establishment and site construction is now well advanced and progressing. The overall construction phase of the project is now 70% complete, with the commissioning phase scheduled for commencement in August 2012, weather and other unforseen events permitting. Recommendation: “That the report be received and noted.”

Moved Cr C Silvestro

Seconded Cr M Nolan




CARRIED


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5.4 TENDER 1112-010 TULLY SEWERAGE UPGRADE - STAGE 2 PROGRESS REPORT Executive Summary: This is an update to keep Council informed of the progress of the Tully Sewerage Upgrade - Stage 2 project. The contract involves the installation of additional pumping and sewer main capacity within Tully in order to alleviate sewage overflows within the sewered area and to provide increased capacity within the system. The overall project is currently 20% complete. The project is scheduled for completion in June 2012, weather and other unforseen events permitting. Recommendation: “That the report be received and noted.” Moved Cr R Sorbello

Seconded Cr J Downs




CARRIED

5.5 INNISFAIL SEWERAGE TREATMENT PLANT UPGRADE PROG RESS Executive Summary: This is an update report to keep Council informed of the progress of the Innisfail Sewage Treatment Plant Upgrade project. The Principal Contractor has completed detailed design, site filling earthworks, piling operations and concrete structures and is continuing with subsequent construction and commissioning activities. The overall construction phase of the project is now 97% complete, with the commissioning phase in its early stages. Recommendation: “That the report be received and noted.” Moved Cr I Rule





CARRIED

11.35am Messrs D Trotter, G Everson and T Rooks left the meeting.


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6. COMMUNITY

6.1 RECOVERY EFFORT REVIEW - DISCUSSION PAPER Executive Summary: In line with Queensland State Disaster Management Plan there is a case for review and reappraisal of the Yasi Recovery effort. Council has undertaken a preliminary review and a Discussion Paper is attached to this report. The paper highlights that existing State Government disaster management documentation gives insufficient attention to the recovery phase of disaster management and contains no clear, detailed statement about Local Government’s role in recovery. The paper makes a number of recommendations directed at State and Federal Government relating to recovery, particularly in relation to the systemic issues raised in the document. Recommendation: "That Council: 1. Receive and note the Recovery Effort Review Disc ussion Paper; 2. Forward the Discussion Paper to the LGAQ request ing that:

a) The report be circulated to other Local Governme nt agencies affected by the recent

disaster events for comment; and b) A series of workshops be convened to explore the issues raised in the report in

order to develop a Position paper on behalf of Loca l Government as a basis for State and Federal review.

3. Forward the Discussion paper to State and Federa l Government Disaster Management

agencies requesting that: a) The matters and recommendations raised in the Di scussion Paper be considered at

the time the management of the recent disaster even ts is reviewed; and b) Local Government participates in any review."


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6.1 RECOVERY EFFORT REVIEW - DISCUSSION PAPER (CONT'D…) Moved Cr B Horsford

Seconded Cr J Downs


"That the Recommendation be adopted subject to an amendment at Dot Point 2 as follows: 2. That Council forward the Discussion Paper to the LGAQ requesting that:

b) A series of workshops be (DELETE) convened and (INSERT) considered

to explore the issues raised in the report in order to develop a Position Paper on behalf of Local Government as a basis for State and Federal review.


CARRIED

6.2 NEW PAVILION - TULLY SHOWGROUNDS Executive Summary: The Cassowary Coast Regional Council at its Local Government Meeting held on 19 January 2012 adopted the following Recommendation: Resolution Number 1317 "That Council note the progress which has been achieved with consultation of the Tully Showgrounds Stakeholders concerning the new Main Pavilion and approve the design of the new Pavilion and its location.” This in essence had the new pavilion joined to the existing Stan Mackay Pavilion with an additional front annex, small kitchen, storage areas and small toilet block. It has now been advised by Lend Lease (Suncorp's insurance managers) that the option of joining the new pavilion to the Stan Mackay Pavilion will cost approximately an additional $55,000.00 because of structural implications, reloadings under wind load and Council has been advised to keep the two buildings separate. Also the private Building Certifier for the insurers will not certify the proposed toilets contained in the plans of two (2) toilet/showers, and is requiring six (6) to eight (8) toilets per gender for the building because of its size and possible usage, despite there being adequate additional toilets within short walking distance of the new pavilion. The original Option 1 proposed the new pavilion be built three (3) metres away from the Stan Mackay Pavilion. Recommendation: “That Council alter its original decision to build the new pavilion attached to the Stan Mackay Pavilion at the Tully Showgrounds and revert to Option 1 outlined in the original Report as below: a. Relocation of the pavilion to a higher site 3 me tres north of the Stan Mackay Pavilion

and an annex etc. be incorporated into the building design; and b. The construction of toilets in the building be d eferred unless costs can be contained

within the original building budget or another solu tion is identified.”


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6.2 NEW PAVILION - TULLY SHOWGROUNDS (CONT'D…) Moved Cr B Horsford

Seconded Cr I Rule




CARRIED

12.20pm Mr V O'Brien left the meeting.

7. PLANNING & ENVIRONMENT

7.1 DA034/11C - DEVELOPMENT APPLICATION FOR OPERATI ONAL WORKS FOR AN ADVERTISING DEVICE - 178 VICTORIA STREET, CARDWELL

Executive Summary: Council is in receipt of an application for Operational Works for an Advertising Device. The application was prepared by Bishopp Outdoor Advertising Pty Ltd. The property is located within the Cardwell Local Business Precinct on land described as Lot 909 on C10415, situated at 178 Victoria Street, Cardwell. The application was Code Assessable and therefore public notification was not required. The application did not trigger any Referral Agencies, however Council requested third party advice from the Department of Transport & Main Roads (DTMR) as the property is located adjacent to a State controlled road. The application is inconsistent with the Cardwell Shire Council Planning Scheme 2007. There are no grounds to support the approval of this application not withstanding these conflicts. Recommendation: “That the application for Operational Works for an Advertising Device on land described as Lot 909 on C10415, situated at 178 Victoria Stre et, Cardwell, be refused on the following grounds: 1. The proposed Advertising Device is not a develop ment sought for, or supported

within the locality. This ground is supported by:

a) The Purpose Statement of the Advertising Devices Code, which states that: �� Signage does not detract from the visual amenity o f the natural and built

environment; �� Equity is provided for outdoor advertisers; and �� Signage does not endanger public safety.


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7.1 DA034/11C - DEVELOPMENT APPLICATION FOR OPERATI ONAL WORKS FOR AN ADVERTISING DEVICE - 178 VICTORIA STREET, CARDWELL (CONT'D…)

b) Outcome 1 of the Advertising Devices Code, which states that:

Outcome 1 – Number and Dimensions The number, location and dimensions of Advertising Devices are subservient to the surrounding built and natural environment, so that their presence is not dominant or overpowering or unreasonably obstructive to exis ting views and amenity.

c) Outcome 2 of the Advertising Devices Code, which states that:

Outcome 2 – Appearance

The appearance and impact of Advertising Devices, i ncluding materials and design are to be compatible with the natural and built env ironment in the vicinity.

2. The applicant has not adequately demonstrated th at there is a need for a third party

Advertising Device to be located on Victoria Street when it could be more appropriately located out of the town area.

3. The proposed location of the Advertising Device is in conflict with the Department of

Transport & Main Road's Guideline to Roadside Adver tising - Drive Distraction Potential."

Moved Cr B Horsford

Seconded Cr I Rule




CARRIED


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7.2 DA009/12J - DEVELOPMENT APPLICATION FOR MATERIA L CHANGE OF USE FOR A

COMMERCIAL ACTIVITY (OFFICES) - 2 STITT STREET, MIG HELL Executive Summary: Council is in receipt of an application for a Material Change of Use for a Commercial Activity (Offices). The application was prepared by S R Holdings Pty Ltd ITF The S & R Giueni Superannuation Fund, Giueni Investments Pty Ltd, P & EM Angelini & RM Angelini ATF The Angelini Superannuation Fund & Layfate Pty Ltd. The subject property is located within the Innisfail Residential Precinct on land described as Lot 157 on SP240895, situated at 4 Stitt Street, Mighell. The application was Impact Assessable and therefore public notification was required. No properly made submissions were received by Council. The application triggered referral to the Department of Transport & Main Roads as a Concurrence Agency as the subject site is impacting on a State controlled road (Bruce Highway). The subject site is located within the Urban Footprint as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031 and it is considered that the application is consistent with the intent and policies of the FNQRP. SPP1/03 - Mitigating the Adverse Impacts of Flood, Bushfire and Landslide applies to this development as the allotment is subject to flood inundation. SPP1/03 (bushfire and flood only) has been appropriately reflected in the Planning Scheme and assessment has been carried out against the Hazards Code. The application is generally consistent with the provisions of the Johnstone Shire Council Planning Scheme 2005 and therefore the application for a Material Change of Use for a Commercial Activity (Offices) is recommended for approval subject to reasonable and relevant conditions. Recommendation: “That a Development Permit be issued for a Material Change of Use for a Commercial Activity (Offices) on land described as Lot 157 on SP240895, situated at 4 Stitt Street, Mighell, subject to the following conditions: (A) 1. Proposal : The development is to be undertaken generally in accordance with the

application, documentation and plans in the table b elow, accepted by Council on 9 February 2012, all relating to Development Applicat ion No. 009/12J, excepting where varied by the following conditions.

2. Timing of Effect: The conditions of the Development permit must be c omplied with

prior to commencement of use, except where specifie d otherwise in these conditions of approval.

3. Amended Plans: An amended set of plans incorporating any of the c hanges required

by these conditions shall be provided to Council to be endorsed by the Director, Planning & Environmental Services, prior to an appl ication being made for building work. A copy of the endorsed plans must also be pr ovided to the person from whom building approval is sought.


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7.2 DA009/12J - DEVELOPMENT APPLICATION FOR MATERIA L CHANGE OF USE FOR A COMMERCIAL ACTIVITY (OFFICES) - 2 STITT STREET, M IGHELL (CONT'D…)

4. Carparking : The development is to provide a minimum of sixtee n (16) car parks, with

a minimum of one (1) disabled car parking space, on the subject site, as shown on the approved Site Plan. All car parking facilities must comply with the following requirements, to the satisfaction of the Director, Planning & Environmental Services:

�� All car parks must be constructed prior to the com mencement of the use; and �� Car parking facilities are to be maintained and av ailable at all times.

5. Signage : The applicant/owner must ensure that any signage on the subject site, for

the proposed development, must comply with the Adve rtising Devices Code of the Johnstone Shire Planning Scheme 2005, to the requir ements and satisfaction of the Director, Planning & Environmental Services.

6. Waste Bins & Storage Areas: The waste bin and storage areas must be screened

from view of adjoining properties and road frontage s, to the requirements and satisfaction of the Director, Planning & Environmen tal Services.

7. Environmental Nuisance : The applicant/owner is to ensure that noise from either air

conditioning units, service equipment, swimming poo l filters or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Director, Planning & Environmental S ervices, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 , Environmental Protection (Noise) Policy 1997 and En vironmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

8. Night Lighting : The applicant/owner is to ensure that all night l ighting is designed

and constructed to the satisfaction of the Director , Planning & Environmental Services so as to ensure that light emitted from th e subject site does not, in the opinion of the Director, Planning & Environmental S ervices, create an environmental nuisance having regard to the provisions of the Env ironmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

(B) Concurrence Agency Conditions:

Department of Transport and Main Roads - Concurrence Agency Conditions and Statement of Reasons, dated 20 February 2012 - Reference TMR12-001598 (3836.01).


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Assessment Managers Advice: a) Relevant Period: The relevant period for the development approval (Material Change of

Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act 2009 (SPA), the development approval for material change of use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for material change of use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).

An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.

b) Notice of Intention to Commence Use: The applicant/owner must return to Council the attached Notice of Intention to Commence Use after acceptance of and compliance with these or negotiated conditions (or court determined conditions) and prior to the commencement of the use. This will allow a check for compliance with conditions to be carried out by Council officers.

c) Required Approvals: A Development approval for Building Work (Change of Classification)

will be required, with a permit for these works issued prior to any works commencing; d) Cultural Heritage: The applicant/owner is to ensure compliance with the requirements of

the Aboriginal Cultural Heritage Act and in particular ‘the duty of care’ that it imposes all landowners, developers and the alike.

e) Engineering Works: The applicant/owner is to ensure that the engineering works involved

in the proposed development are designed and constructed in accordance with the FNQROC Development Manual, 2005.

f) Environmental Nuisance: The Environmental Protection Act 1994 states that a person must

not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this development, are to adhere to their "general environmental duty" to minimise the risk of causing environmental harm.

Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the Council to cause undue disturbance or annoyance to persons or affect property not connected with the use.


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Moved Cr M Nolan

Seconded Cr C Silvestro Resolution Number 1418



CARRIED

7.3 DA 016/08C - PRELIM APPROVAL TO OVERRIDE THE PL AN SCHEME FOR MCU FOR

USE RIGHTS CONSISTENT WITH THE MISSION BCH MEDIUM DENSITY RESIDENTIAL PRECINCT AND THE MISSION BCH LOCAL BUSI NESS PRECINCT AND A DEVELOP PERMIT FOR RECONFIG A LOT (2 LOTS INT O 3 LOTS)

Executive Summary: Council is in receipt of an application for a Preliminary Approval to Override the Planning Scheme for Material Change of Use for Use Rights Consistent with the Mission Beach Medium Density Residential Precinct and Mission Beach Local Business Precinct (Commercial Area - Incorporating Impact Assessable Light Industry/Warehouse Uses) and Development Permit for Reconfiguring a Lot (Two (2) Lots into Three (3) Lots). The application was prepared by RPS (previously Conics) on behalf of Rosegem Pty Ltd T/as Tropical Coast Developments. The property is located within the Conservation Zone/ Future Urban Expansion Area on land described as Lot 2 on RP722527 and Lot 22 on RP747220, situated at 1949 Tully-Mission Beach Road, Wongaling Beach. Existing Lot 2 contained a dwelling and shed, however Cyclone Larry and Yasi caused major damage to the dwelling. The dwelling has now been demolished and removed from the site. The application was Impact Assessable and therefore public notification was required. Nine (9) properly made submissions were received by Council. The application triggered referral to the Department of Main Roads, Department of Natural Resources & Water, Environmental Protection Agency, Department of Transport and Department of Infrastructure and Planning. Responses have been provided from all agencies and will be outlined throughout the report. Existing Lot 2 is located within the Urban Footprint, however Lot 22 is located within the Regional Landscape & Rural Production Area as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031 and therefore assessment will be carried out against the criteria of the plan. It is also noted that the application was lodged prior to the draft Regional Plan and final Regional Plan 2031. SPP 1/92 – Development and Conservation of Agricultural Land, SPP 2/02 – Planning and Managing Development involving Acid Sulphate Soils and SPP 1/03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide applies to this development.


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7.3 DA 016/08C - PRELIM APPROVAL TO OVERRIDE THE PL AN SCHEME FOR MCU FOR USE RIGHTS CONSISTENT WITH THE MISSION BCH MEDIUM DENSITY RESIDENTIAL PRECINCT AND THE MISSION BCH LOCAL BUSI NESS PRECINCT AND A DEVELOP PERMIT FOR RECONFIG A LOT (2 LOTS INT O 3 LOTS) (CONT'D…)

The application is generally consistent with the provisions of the Cardwell Shire Council Planning Scheme 2007 and therefore the proposed application for Preliminary Approval to Override the Planning Scheme for Material Change of Use for Use Rights Consistent with the Mission Beach Medium Density Residential Precinct and Mission Beach Local Business Precinct (Commercial Area - Incorporating Impact Assessable Light Industry/Warehouse Uses) and Development Permit for Reconfiguring a Lot (Two (2) Lots into Three (3) Lots) is recommended for approval subject to reasonable and relevant conditions. Recommendation: “That a Development Permit be issued for a Prelimin ary Approval to Override the Planning Scheme for Material Change of Use for Use Rights Co nsistent with the Mission Beach Medium Density Residential Precinct and Mission Bea ch Local Business Precinct (Commercial Area - Incorporating Impact Assessable Light Industry/Warehouse Uses) and Development Permit for Reconfiguring a Lot (Two (2) Lots into Three (3) Lots) on land described as Lot 2 on RP722527 and Lot 22 on RP7472 20, situated at 1949 Tully Mission Beach Road, Wongaling Beach, Parish of Rockingham, subject to the following conditions”: (A) Preliminary Approval: 1) Proposal: The proposed documents and plans for the developme nt set out in the

following table and submitted to Council are approv ed, subject to:

Plan/ Document Number Plan/ Document Name Dated

Dwg No. 50842-3 Issue B Reconfiguration of a Lot – Proposed Lot 1, 2 & 3

16/09/2010

Dwg No. 50842-8 Conceptual Lot Arrangement 16/09/2 010

Ref No. 50842/OCK/MLM/L68992

Response to Request for Further Information

11/02/2011

Mission Beach Local Business – Commercial Area West Precinct (Attachment 1)

Received 03/04/2012

(a) The plans, specifications, facts and circumstan ces as set out in the application

submitted to Council; (b) Ensuring that the development complies in all r espects with the following

conditions of approval and the requirements of Coun cil’s Planning Scheme and the FNQROC Development Manual; and

(c) Any alterations found necessary by the Chief Ex ecutive Officer or his delegate at the time of examination of the Engineering Plans or during construction of the development because of a particular requirement ;

except where modified by these conditions of approv al.


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2) Relevant Period: The relevant period for the development approval (Preliminary

Approval) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 3.5.21 of IPA, t he development approval for Preliminary Approval lapses if the development does not substantially start within the abovementioned relevant period . However, if there are one or more related approvals for the development approval, the relevant period is taken to have started on the day the latest related approval takes effect . (Please refer to Section 3.5.21(7) of IPA for the meaning of related approval ).

An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 3.5.22 o f IPA and before the development approval lapses under Section 3.5.21of IPA;

3) Development: The development of the land shall be undertaken ge nerally in

accordance with the Conceptual Lot Arrangement, Dra wing No. 50842-8 dated 16/09/2010.

4) Cardwell Shire Planning Scheme & Mission beach L ocal Business Commercial Area

West Precinct: The proposed development is to comply with all of the provisions of the Cardwell Shire Planning Scheme and Mission Beac h Local Business Commercial Area West Precinct - excluding any provisions confl icting with the provisions of this Preliminary Approval.

5) Compliance Check for Self Assessable Development : The applicant/owner must

provide Council with a report on each stage (as per the Conceptual Lot Arrangement Plan) that details compliance with the applicable c odes of the Cardwell Shire Planning Scheme, 2007 and the Mission Beach Local B usiness - Commercial Area West Precinct, prior to the issue of a Development Permit for Building Works. This compliance check is to be endorsed by the Director Planning & Environmental Services.

6) Reticulated Water Supply: The Wongaling Heights Development as shown on the Conceptual Lot Arrangement Plan for Medium Density Residential and Mission Beach Local Business – Commercial Area West Precinc t, will be required to connect to Council's Reticulated Water Supply and shall pro vide a detailed Engineering report to Council for approval on proposals to prov ide this connection. This shall include location of connection and any required upg rade of Council's reticulation system necessitated by the proposed use. The cost of any agreed works and associated infrastructure charges will be the respo nsibility of the development and at no cost to Council. Agreement on the required w orks shall be reached prior to the issue of any Development Permit for the site and co nstruction of the agreed works must be finalised prior to endorsement of any Surve y Plan, or commencement of any use on the site, whichever occurs first.


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7) Sewerage Reticulation: The Wongaling Heights Development as shown on the

Conceptual Lot Arrangement Plan for Medium Density Residential and Mission Beach Local Business – Commercial Area West Precinc t, will be required to provide a detailed Engineering report to Council for approv al on proposals to provide for sewerage reticulation and treatment of all effluent generated on site. This should include connection to and any necessary upgrade of Council's reticulation system. The cost of any agreed works and associated infrast ructure charges will be the responsibility of the development and at no cost to Council. Agreement on the required works shall be reached prior to the issue of any Development Permit for the site and construction of the agreed works must be f inalised prior to endorsement of any Survey Plan, or commencement of any use on the site, whichever occurs first.

8) Acid Sulfate Soils: Prior to any further development approvals for the subject land

the applicant/owner will submit to DERM and Council an ASS investigation report that is consistent with the requirements of SPP 2/0 2. If the results of the investigation indicate the presence of actual ASS o r potential ASS the applicant/owner must prepare an acid sulfate soils management plan in accordance with State Planning Policy 2/02 and associated Guid elines to the satisfaction of the Director Planning & Environmental Services prior to any further development approvals.

(B) Reconfiguring of Lot: 1) Proposal: The proposed documents and plans for the developme nt set out in the

following table and submitted to Council are approv ed, subject to:

Plan/ Document Number Plan/ Document Name Dated

DWG No. 50842-3 Issue B Reconfiguration of a Lot – Proposed Lot 1, 2 & 3

16/09/2010

7.3 DA 016/08C - PRELIM APPROVAL TO OVERRIDE THE PL AN SCHEME FOR MCU FOR

USE RIGHTS CONSISTENT WITH THE MISSION BCH MEDIUM DENSITY RESIDENTIAL PRECINCT AND THE MISSION BCH LOCAL BUSI NESS PRECINCT AND A DEVELOP PERMIT FOR RECONFIG A LOT (2 LOTS INT O 3 LOTS) (CONT'D…) (a) The plans, specifications, facts and circumstan ces as set out in the application

submitted to Council; (b) Ensuring that the development complies in all r espects with the following

conditions of approval and the requirements of Coun cil’s Planning Scheme and the FNQROC Development Manual; and

(c) Any alterations found necessary by the Chief Ex ecutive Officer or his delegate at the time of examination of the Engineering Plans or during construction of the development because of a particular requirement ;

except where modified by these conditions of approv al.

2) Timing of Effect: The conditions of the Development approval must be complied with

prior to the signing and dating of the Plan of Surv ey, except where specified otherwise in these conditions of approval.


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3) Effluent Disposal : The applicant/owner must submit an on-site sewer age disposal

report prepared by a suitably qualified professiona l person, to demonstrate how the proposed development will comply with relevant legi slation for on-site sewerage, prior to the signing and dating of the Plan of Surv ey, to the requirements and satisfaction of the Director, Planning & Environmen tal Services.

4) Lot Access & Easement : The applicant/owner is to construct a sealed veh icle

access (minimum of 50 metres x 4 metres wide from G iufre Crescent) and the remaining portion of access to a all weathered stan dard (4 metres wide) to proposed Lots 1, 2 and 3 at no cost to Council and is to inc orporate necessary conduit for infrastructure (water, power and telecommunication) within the easement and associated stormwater drainage. Vehicle access is to be constructed and conduit for infrastructure in place within the easement pri or to the signing and dating of the Plan of Survey, to the requirements and satisfactio n of the Director, Planning & Environmental Services.

The maintenance for such access easement is the res ponsibility of the individual property owners and the easement documents are to r eflect this. A copy of the easement documents must be submitted to Council for approval, prior to the signing and dating of the Plan of Survey. The approved eas ement documents must be lodged and registered with the Department of Enviro nment & Resource Management at the time of registration of the Plan of Survey.

5) Building Envelope : The applicant/owner is to provide Council with a Site Plan

showing a Building Envelope with an area of 400sqm within the current cleared areas on proposed Lots 1 & 2 prior to the signing a nd dating of the Plan of Survey, for approval by the Director, Planning & Environmen tal Services. The building envelope is to allow the construction of a dwelling and associated wastewater disposal system on them.

6) Conservation Covenant: The applicant/owner is to provide a site plan show ing a

vegetated area of a minimum of 60% (if revegetation works are required to meet the 60% please show on plan) to be registered on title for approval by Director Planning & Environmental Services, prior to the lodgement of the Plan of Survey for signing and dating.

7) Water Reticulation & Meters: The applicant/owner must design and install adequa te

internal water reticulation, including any necessar y hydrants, valves etc and connecting to existing Council water main including the provision of connection points and individual meters to each allotment. The meter must be a Council approved integrated unit including backflow prevent ion device and stopcock. The installation of water meters must be completed by a suitably qualified person to Council’s Standard Drawing 09002, prior to the sign ing and dating of the Plan of Survey, at no cost to Council.


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Three (3) copies of the plan of works from a REPQ m ust be submitted with the Development Approval for Operational Works and must be endorsed by the Director Planning & Environmental Services prior to the issu e of a Development Permit for carrying out Operational Works. All works must be c arried out in accordance with the approved plans, prior to the signing and dating of the Plan of Survey, to the requirements and satisfaction of the Director Plann ing & Environmental Services.

8) Electricity and Telecommunications Supply: The applicant/owner must provide

written evidence of negotiations with the electrici ty supply and telecommunications authorities detailing that the services will be pro vided to the development, prior to approval and dating of the Plan of Survey, to the r equirements and satisfaction of the Director, Planning & Environmental Services.

9) Erosion and Sediment Control: Effective erosion and sediment control must be

maintained at all times during and after constructi on work until there is adequate vegetation cover, paved or other controls to preven t any silt run-off from the site.

The Applicant/Owner must submit an Erosion and Sedi ment Control Strategy (ESCS) with the operational works application and an Erosi on and Sediment Control Plan (ESCP) to be submitted prior to the commencement of any works and prior to the initial construction pre start meeting. Both the E SCS and the ESCP including workings shall be submitted for assessment by Counc il. All submitted documentation shall be in accordance with the requi rements of the FNQROC Development Manual and references.

10) Public Infrastructure/Utilities - Alterations: Any relocation or alteration to any public

utilities in association with works pertaining to t his subdivision must be undertaken as required by the relevant service provider and at no cost to Council. This includes stormwater infrastructure.

11) Public Infrastructure/Utilities – Existing Serv ices: Where existing infrastructure for

any lot within the subdivision are contained within another lot, the Applicant/Owner shall either:

(a) Relocate the infrastructure to the road area or other location as approved by

Council; or (b) Arrange the registration of the necessary easem ents over the infrastructure,

which are located within another lot, prior to or i n conjunction with the submission of the Plan of Survey creating the lot.

12) Easements – Drainage Purposes: The Applicant/Owner must, at no cost to Council,

provide for the creation of a retardation basin and drainage easements extending through lots 8-13, in favour of Council to the requ irements and satisfaction of the Chief Executive Officer. The maintenance for such e asements if required is the responsibility of the individual property owner and the easement documents are to reflect this. A copy of the easement documents mus t be submitted to Council for approval, prior to the signing and dating of the Pl an of Survey. The approved easement documents must be lodged and registered wi th the Department of Environment & Resource Management at the time of re gistration of the Plan of Survey.


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13) Stormwater Drainage: Stormwater drainage systems, including underground piping,

must be designed and constructed to ensure that the flow of all stormwater is directed to a lawful point of discharge such that i t does not adversely affect surrounding properties or properties downstream fro m the development.

Three (3) copies of the plan of the works must be s ubmitted to Council prior to the issue of a Development Permit for carrying out Oper ational Works. All works must be carried out in accordance with the approved plan , to the requirements and satisfaction of the Director, Planning & Environmen tal Services prior to the endorsement of the Plan of Survey.

14) Filling of Land - General: Any filling of land shall be designed and undertake n in

accordance with the FNQROC Development Manual - CP1 “Construction Procedures”, DP1 “Development Principals”, D2 “Site Regrading” and D4 “Stormwater Drainage” and S1 “Earthworks Specificat ion” and the acceptable/probable solutions for the Specific Outc omes of 5.4.2 Hazards Code - Flooding and 6.3.2 Filling and Excavation Code of t he Johnstone Shire Planning Scheme.

15) Transportation of materials : All loose materials (eg soil, sand, gravel) trans ported to

or from the site must be covered to prevent dust or spillage of material during transport. If any dust or mud is brought onto the road pavement from works on the subject land, it must be promptly cleaned away to e liminate mud or dust nuisance, no later that at the end of each working day.

16) Outstanding Rates: The applicant/owner is to ensure that all rates, i nterest and other

charges levied on the property are paid prior to th e signing and dating of the Plan of Survey, to the requirements and satisfaction of the Chief Executive Officer.

17) Declared Weeds: The parcels of land are to be cleared of all Class 1, 2 & 3 Declared

Weeds, to the requirements and satisfaction of the Director of Planning & Environmental Services.

18) Survey Marks: All existing survey marks are to be reinstated, ne w survey marks are

installed in accordance with the Plan of Survey, an d a cadastral surveyor is to certify the survey work in writing, to the requirements and satisfaction of the Chief Executive Officer, prior to the endorsement of the Plan of Survey.

19) Permanent Survey Marks: One (1) Permanent Survey Mark is to be installed a t a

location approved by the Director, Planning and Env ironmental Services, and in accordance with The Survey Co-Ordination Act of 195 2-1989. Permanent Mark Sketch Plans provided to the Department of Environm ent and Resource Management and Council for such Permanent Survey Marks shall b e complete with vertical control data for Australian Height Datum and horizo ntal control data for Geographic Datum of Australia 1994.


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(C) Concurrence Agency Conditions:

Department of Transport & Main Roads – Concurrence Agency Conditions and Statement of Reasons – Amended, dated 12 March 2012 – Reference TMR12-001667 (3443).


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Assessment Manager's Advice:

a) The relevant period for the development approval (reconfiguration of a lot) shall be two (2) years starting the day the approval is granted or takes effect. In accordance with Section 3.5.21(2) of IPA, the development approval for a reconfiguration of a lot lapses if a plan for the reconfiguration is not given to Council under Section 3.7.2(2) within the abovementioned relevant period.

An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 3.5.22 of IPA and before the development approval lapses under Section 3.5.21of IPA;

b) Other Approvals Required: A development approval for Material Change of Use, Reconfiguring of Lot, Operational Works, Building and Plumbing/Drainage Works for the development are required, with a permit for these works issued prior to any works commencing.

c) Transportation of materials: All loose materials (eg soil, sand, gravel) transported to or from

the site must be covered to prevent dust or spillage of material during transport. If any dust or mud is brought onto the road pavement from works on the subject land, it must be promptly cleaned away to eliminate mud or dust nuisance, no later thaNt at the end of each working day. This condition is also to be included for compliance in the erosion and sediment control plan.

d) Dust: At all times, the applicant/owner must ensure dust suppression measures are

undertaken for the site to ensure that all materials are appropriately stored and /or handled so as not to create a dust nuisance to surrounding areas and residents. Such measures must be contained within the erosion and sediment control plan.

e) Engineering Drawings - Operational Works (if required): No work shall commence on the

site until an application for Operational Works (including the appropriate fee and Engineering Drawings detailing the proposed construction) is approved by Council. The Operational Works Application (including engineering design, drawings and report) must be submitted in accordance with the requirements of the FNQROC Development Manual. The applicant must include the Erosion and Sediment Control Strategy (ESCS), in accordance with the FNQROC Development Manual, with the Operational Works application.


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f) Aboriginal Cultural Heritage: The applicant/owner is to ensure compliance with the

requirements of the Aboriginal Cultural Heritage Act and in particular ‘the duty of care’ that it imposes all landowners, developers and the like.

g) Council Indemnity: The Council is indemnified against any claims arising from works

carried out by the Applicant/Owner on Council property. h) Portable Long Service Leave: From 1st January 2000, the Building and Construction

Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit where one is required for the ‘Building and Construction Industry’. This applies to Building Works, Operational Works and Plumbing and Drainage Works applications, as defined under the Integrated Planning Act 1997, where the works are $80,000 or more and matching the definition of ‘Building and Construction Industry’ under the Building and Construction Industry (Portable Long Service Leave) Act 1991. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. Should you require clarification in regard to the amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6811.

i) Compliance with Laws: This approval does not negate the requirement for compliance with all other relevant local laws and other statutory requirements.

j) Environmental Harm: The Environmental Protection Act 1994 states that a person must not

carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this development, are to adhere to their "general environmental duty" to minimise the risk of causing environmental harm.

Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the Council to cause undue disturbance or annoyance to persons or affect property not connected with the use.

Moved Cr J Downs





CARRIED


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8. CORPORATE

Nil

9. NOTICE OF MOTION

Nil

10. GENERAL BUSINESS

10.1 EASTER LONG WEEK-END - AVAILABILITY OF COMMUNI TY FACILITIES Cr Jennifer Downs asked that the minutes reflect her personal thanks to the staff of Council's Works and Community Services Departments for their efforts in ensuring the community facilities at Mission Beach were open and available for use over the Easter long week-end. This was a great effort which was appreciated by the businesses, tourism operators and visitors to Mission Beach.

11. CONFIDENTIAL

Nil

PRESENTATION TO THE DISASTER MANAGER Mayor Bill Shannon welcomed Mrs Carola Washbourne to the meeting. Carola has resigned from her position as Disaster Manager effective from Friday, 13 April 2012. On behalf of the Councillors and staff, the Mayor presented Carola with a framed Certificate of Appreciation depicting photographs of the Cardwell foreshore 'before' and 'after' Cyclone Yasi in recognition of her hard work and extraordinary effort and achievement during very difficult circumstances in the response and recovery phases of Cyclone Yasi and beyond. Mrs Washbourne thanked the Councillors and staff she has had the opportunity to work with during her employment with Council. Carola commended the Council for the way in which it has dealt with the impacts of one of the largest cyclones to cross the Queensland coast in recorded history and commented that the Council is fortunate to have some very capable people working for it. 1.00pm There being no further business, the Mayor d eclared the meeting closed. CONFIRMED AS A TRUE AND CORRECT RECORD THIS 26 th DAY OF APRIL 2012.

________________________________ Mayor

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