1. material change of use – impact assessment – 92-114 ... · site proposal plan . 2 locality...

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CAIRNS CITY COUNCIL

ORDINARY MEETING

29TH MARCH 2001

TABLE OF CONTENTS

1. MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – 92-114 FEARNLEY STREET, 149 SPENCE STREET AND PLATH CLOSE, PORTSMITH – HARDWARE STORE, SHOWROOM, PLANT NURSERY, BULK LANDSCAPING & GARDEN SUPPLIES AND ANCILLARY FACILITIES........................................1

Jenny Elphinstone:KRP : 8/8/246 : 271446

2. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – HOME OCCUPATION - 57 PARK STREET, BAYVIEW HEIGHTS .................................20

Belinda Jackson : 8/8/254 : 273406

3. NEGOTIATED DECISION – MATERIAL CHANGE OF USE – SERVICE STATION - EARLVILLE SHOPPING CENTRE, EARLVILLE ..............................25

Neil Beck:KRP : 8/8/207 : (274781)

4. NEGOTIATED DECISION – MATERIAL CHANGE OF USE – SAFARI TENTS (CABINS) AND DINING FACILITIES TO AN EXISTING CAMPING GROUND “MONCRIEFF PARK” - LOT 1 LOWER FRESHWATER ROAD, KAMERUNGA33

Jenny Elphinstone:KRP : 8/8/179 : 271215

5. CCC & BERNSTROM ATS BROWNING & SARGENT – P & E APPLICATION NO. 7 OF 1998......................................................................................................80

Peter Tabulo : 8/8/163-02: 277514

6. RECONFIGURING A LOT – 2 LOT RECONFIGURATION – LOT 23 WILKINSON STREET, KEWARRA BEACH..............................................................................83

Neil Blamey:CLP : 8/13/379-01 : 273884

7. RELAXATION OF A PLANNING SCHEME REQUIREMENT – 43-45 SHERIDAN STREET AND 68-72 SHIELDS STREET, CAIRNS..............................................89

Ian Behrendorff: 8/20/1-56 : 277539

8. INFORMATION REQUEST - THE DEPARTMENT OF TOURISM AND RACING - INCREASE OF LICENCED AREA FOR GAMING MACHINES - 87- 91 LAKE STREET, CAIRNS ................................................................................................94

Clayton Oostergo: Cgo 18/46/1-78 : 277191

9. INFORMATION REQUEST - THE DEPARTMENT OF TOURISM AND RACING - DETACHED BOTTLE SHOP - 12-20 TOOGOOD ROAD, WOREE...................100

Clayton Oostergo : cgo 18/46/1-78 : 277082

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10. INSTALLATION OF ILLUMINATED STREET NAME SIGN ..............................105 Mark Dillon : 15/21/2-01 : 270551

11. APPROVAL OF A TEMPORARY DEVELOPMENT TO CONTINUE THE USE OF ONE EXISTING ACCOMMODATION UNIT IN THE STATE GOVERNMENT HOUSING DEVELOPMENT IN MANOORA FOR LIFE SKILL TRAINING FOR ADOLESCENT BOYS – UNIT 3/24 MARCHANT STREET, MANOORA...........112

Ian Behrendorff: 8/20/1-56 : 277685

12. FALSE CAPE – UPDATED PLAN OF DEVELOPMENT ...................................115 Peter Tabulo : 8/16/49 : 277649

13. CCC ATS FARROW MORTGAGE SERVICES PTY LTD – P & E APPEAL NO. 15 OF 2000 .........................................................................................................119

Peter Tabulo : 8/8/25-05: 276749

14. MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – SHOWROOM AND WAREHOUSE - 110 AUMULLER STREET, BUNGALOW................................141

Belinda Jackson: 8/8/252 : 273733

15. MATERIAL CHANGE OF USE – WAREHOUSE AND SHOWROOM - 15-17 HARGREAVES STREET, EDMONTON.............................................................154

Belinda Jackson: 8/8/236 : 276189

16. ENVIRONMENTAL PROTECTION (WATER) POLICY 1997 – PENALTY INFRINGEMENT NOTICES (PIN) - FOREST GARDENS, WHITE ROCK .........167

Bryan Badger: KP: 18/46/2-60 (277155)

17. AGREEMENT WITH CLAUDE NEON (AUST) PTY LTD WITH RESPECT TO EXISTING ADVERTISING DEVICES ON COUNCIL CONTROLLED ROADS ..182

Terry Davidson : 18/67/1-03: #278170

18. ILLEGAL SALE OF VEHICLES ON ROADS .....................................................197 T. Davidson: 18/67/1-03: #278146

19. SHIELD STREET UPGRADING – CONSULTATION RESULTS .......................201 George Pegoraro:GC: 8/26/12-02: 273682 METHODOLOGY

20. FOGARTY PARK AMPHITHEATRE ..................................................................224 George Pegoraro:GC : 8/26/12-01: #278607

21. INDEPENDENT RATES RELIEF TRIBUNAL ....................................................233 Jo-Anne Scarini : 17/49/9-02: #278209

22. WATER CHARGES METERED..........................................................................249 Brian Smyth:GAS : 1/58/13-01: 278825

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23. SHIELDS STREET UPGRADING.......................................................................251 George Pegoraro:GC : 8/26/12-01: 268869

24. RECONFIGURING A LOT – ONE LOT INTO TWO LOTS & RECIPROCAL ACCESS EASEMENT – MT MILMAN DRIVE, SMITHFIELD.............................262

Neil Beck : 8/13/381 : 277513

25. KAMERUNGA SEWERAGE RETICULATION PROJECT .................................275 Stephen Devlin:GAS : 1/58/13-02: 279406

26. MACHANS BEACH SEWERAGE RETICULATION...........................................278 Stephen Devlin:GAS : 1/58/13-02: 279437

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ORDINARY MEETING 29 MARCH 2001

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MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – 92-114 FEARNLEY STREET, 149 SPENCE STREET AND PLATH CLOSE, PORTSMITH – HARDWARE STORE, SHOWROOM, PLANT NURSERY, BULK LANDSCAPING & GARDEN SUPPLIES AND ANCILLARY FACILITIES Jenny Elphinstone:KRP : 8/8/246 : 271446 PROPOSAL: HARDWARE STORE, SHOWROOM, PLANT

NURSERY, BULK LANDSCAPING & GARDEN SUPPLIES AND ANCILLARY FACILITIES

APPLICANT: JOHN R BROGAN & ASSOCIATES PTY LTD LEVEL 7, 37 PITT STREET SYDNEY NSW 2000 LOCATION: 92-114 FEARNLEY STREET, 149 SPENCE

STREET AND PLATH CLOSE, PORTSMITH PROPERTY: LOT 9 RP745245, LOT 6 RP748079, LOT 3

RP748078 AND LOT 12 RP747080 ZONE: GENERAL INDUSTRY STRATEGIC PLAN: INDUSTRY DCP: DCP 2 – HEIGHT & IMPACT OF BUILDINGS – PRECINCT 8 DCP 5 – CAIRNS PORT & MAJOR INDUSTRIAL AREA NUMBER OF SUBMITTERS: ONE STATUTORY ASSESSMENT DEADLINE: 28 MARCH 2001 DIVISION: 5 APPENDIX: 1. SITE PROPOSAL PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council grant a dispensation under Development Control Plan 2 – Height and Impact of Buildings, under Clause 4.8(B) and allow the proposed mast structures to have a height not exceeding 30m.

B. That Council approve the application for Material Change of Use for Hardware Store, Showrooms, Plant Nursery, Bulk Landscaping and Garden Supplies and Ancillary Facilities which include Kiosk, Offices, Storage Area, Customer and Staff Amenities, on land described as Lot 6 on RP748079, Lot 3 on RP748078, Lot 12 on RP748080 and Part of Lot 9 on RP747245, Parish of Cairns, located at 92-114 Fearnley Street, 149 Spence Street and Plath Close, Portsmith, subject to the following conditions:-

Assessment Manager Conditions

1. The applicant/owner must at all times during the development of the subject land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

a. i. the approved Plan No’s B876, (110D, 111A, 112A, 113A, 114A, 115A, 116A and 117D) dated November 2000; and

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ii. the plans, specifications, facts and circumstances as set out in the application submitted to Council,

except where modified by these conditions of approval and any consent or endorsement issued thereunder; and

b. any consent or endorsement issued pursuant to these conditions of approval.

Car parking

2. The car parking layout must be generally in accordance with drawing no. 24378F05 dated March 2000 and must be in accordance with Australian Standard AS2890.1 1993 Parking Facilities – off street car parking, except as varied with the consent of the Chief Executive Officer. Such amended plans must be submitted at the time of lodgement of a development application for carrying out building work and endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work.

3. The car parking must be constructed in accordance with Council’s Development Manual specifications prior to commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all car parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

4. The site is to be drained to Council’s underground storm-water drainage system. The storm-water from the site shall be collected and managed to remove solids and debris before release into Council’s underground storm-water. Three (3) copies of a plan of the works shall be submitted to and shall be approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. Such works shall be constructed in accordance with the approved plan to the satisfaction of the Chief Executive Officer.

5. The car parking area must be set back a minimum of 6 metres from Spence Street and a minimum of 3 metres from Fearnley Street and Plath Close.

6. The applicant/owner must erect a sign to the satisfaction of the Chief Executive Officer, advising of the location of the off-street car parking area and access thereto. Details of the sign must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. The sign must be erected prior to the issue of the certificate of classification for building work.

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7. Reciprocal access easements to allow vehicle access and on-site manoeuvring for all properties must be created to the requirements and satisfaction of the Chief Executive Officer. The easement documents must be lodged and registered in the Department of Natural Resources prior to the commencement of use. All costs associated with the creation of the easement are to be borne by the applicant.

Roadworks

8.a. The applicant/owner must contribute towards Council’s traffic management/road upgrading program in accordance with Local Planning Policy, Contribution to Road Network Upgrading.

b. The contribution is that which is current at the time of payment. The current rate of contribution is $204,410.53.

c. Payment is required prior to commencement of use.

9. The applicant must construct the following works external to the subject site:-

a. Construct a 1.5 metre wide concrete footpath to the site frontage to Spence Street, Fearnley Street and Plath Close;

b. Provision of concrete crossover and apron(s);

c. Re-construct existing kerb and channel to eliminate isolated sag points or provide kerb inlets connected to Council’s stormwater system to drain the isolated sag points;

d. Provide line marking for a slip lane for traffic entering the site via the “left in” access from Spence Street;

e. Provision or relocation of traffic signs outside the site to a location approved by the Chief Executive Officer; and

f. Linemark on street in respect to the above conditions as required.

Three (3) copies of a plan of the works shall be submitted to and must be approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. Such works shall be constructed in accordance with the approved plan, to the satisfaction of the Chief Executive Officer and/or current Council specifications.

10. Any survey marks located on the footpath outside the site are not to be disturbed. Council’s surveyors can be contacted to enable the marks to be identified prior to the commencement of work.

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Landscaping and Screening Requirements

11. The applicant/owner must landscape the subject land and street frontage in accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work. In particular, the plan shall show:-

a. a minimum of 15% of the site to be used for landscaping in accordance with section 4.8.2(e) of the Planning Scheme for Part of the City of Cairns;

b. planting of the footpath with trees or shrubs, depending on any overhead powerline constraints;

c. the provision of shade trees, especially in car parks, and to shade western walls; and

d. landscaping of required setback areas.

12. Areas to be landscaped must be established prior to the commencement of the use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

13. The storage of any machinery, material and vehicles must be appropriately screened so as not to be directly visible from any road to which the subject land has frontage, to the satisfaction of the Chief Executive Officer.

Workplace, Health and Safety Requirements

14. All refuse bin enclosures must be suitably located outside of the three (3) metre wide landscape strip along the road frontage (and sited) to the requirements and satisfaction of the Chief Executive Officer.

15. The applicant/owner must ensure that on completion of any on-site construction works the subject land is maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer.

16. Staff facilities must be provided in accordance with the Workplace Health and Safety Act and relevant Code(s) of Practice to the satisfaction of the Chief Executive Officer.

17. External water saving devices must be incorporated throughout the development to the satisfaction of the Chief Executive Officer.

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18. At all times, the applicant/owner must ensure dust suppression measures are undertaken for the subject land to ensure that all materials are appropriately stored and any unsealed areas do not create a dust nuisance to surrounding areas in accordance with Council's Development Manual.

19. At all times while the use continues there must be a current licence for any storage of flammable and/or combustible liquids on the site which exceeds the minor storage quantities as defined in the Building (Flammable and Combustible Liquids) Regulations 1994.

20. All toilet devices must be filled with dual flush cisterns and all hand-basins and kitchen facilities, where applicable, must be fitted with water-flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute, to the satisfaction of the Chief Executive Officer.

21. Liquid wastes must be disposed of to the satisfaction of the Superintendent of the Council's Trade Waste Section.

22. The applicant/owner must ensure that the proposed development is constructed in accordance with the principles of the document entitled "Community Safety - Crime Prevention Through Environmental Design", to the requirements and satisfaction of the Chief Executive Officer.

Signs

23. Signs on the subject land must conform with Council's Local Law No. 28 (Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer.

24. Details of any signage proposed in association with the development must be submitted at the time of lodgment of a development application for carrying out building work and endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work. In particular, the development must provide clear and legible signage incorporating the street numbers for the benefit of the motoring public.

25. The mast structures are to be limited in height to 33m AHD, or 30m measured from the base of the building slab, whichever is the lesser, to the requirements and satisfaction of the Chief Executive Officer. No written messages, advertisements or attachments are permitted on the mast structure to the requirements and satisfaction of the Chief Executive Officer.

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26. Noise from either air conditioning units, service equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A - Environment Nuisance).

27. All night lighting must be designed and constructed to the satisfaction of the Chief Executive Officer so as to ensure that light emitted from the subject land does not, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).

Miscellaneous

28. The applicant must relocate the existing sewer such that the sewer is a minimum of 1.5 metres away from any building/structure to the satisfaction of the Chief Executive Officer.

29. All habitable floor levels in all buildings must be located above the Q100 flood immunity level or 2.6 metres AHD (whichever is the greater), in accordance with Development Manual Guidelines and Transitional Planning Scheme Policy.

30. All external lighting installed upon the premises including carparking areas must be certified by Ergon Energy (or such other suitably qualified person). The lighting must conform with the Planning Scheme, whereby vertical illumination at a distance of 1.5 metres outside the boundary of the subject land shall not exceed eight (8) lux measured at any level upwards from the ground level.

Water/Sewerage

31. a. The applicant/owner must contribute in accordance with Council’s policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.

b. The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $15,245.00 for water and $2,855.00 for sewerage.

c. Payment is required prior to the issue of a Development Permit for Carrying Out Building Work.

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32. Drainage

All external stormwater from the property shall be directed to a lawful point of discharge being Fearnley Street drain, such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

33. The applicant/owner must contribute towards the augmentation of stormwater drainage services and associated services in accordance with the Local Planning Policy, Contribution to Stormwater Drainage Upgrading. The contribution rate is that which is current at the time of payment. The current rate of contribution is $6,311.13. Payment is required prior to the issue of a Development Permit for Carrying Out Building Work.

Soil and Water Management

34. Soil and Water Management (Erosion Control) Plans in accordance with Council's Development Manual must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work.

35. The applicant/owner is responsible for the reconfiguration (amalgamation) of Lot 6 on RP748079, Lot 3 on RP748078 and Lot 12 on RP748080 into one lot. The Plan of Survey must be registered with the Department of Natural Resources at the applicant's/owner's cost prior to the commencement of use.

36. Onsite cyclist provisions including parking racks and security, employee change and shower facilities, in compliance with the “Shaping Up” Guidelines prepared by Queensland Transport, must be provided prior to the commencement of the use, all to the satisfaction of the Chief Executive Officer.

ADVICE

1. Current requirements and estimates of development and headworks contributions may change when elements of the Cairns City Council Infrastructure Charges Plan (ICP) is adopted.

2. Suitable access and facilities to cater for disabled persons must be provided within the approved development to ensure the development does not conflict with the provisions of the Disability Discrimination Act (Commonwealth) and the Anti Discrimination Act.

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3. The premises is required to be registered under the “Food Hygiene Regulation 1989”. Plans and specifications must be submitted to the Chief Executive Officer for approval prior to construction.

4. This approval shall cease and determine four (4) years from the date of issue unless the use has been substantially commenced to the satisfaction of the Chief Executive Officer.

EXECUTIVE SUMMARY: An identical application was supported by Council at its meeting held on 12 September 2000 (Application 8/8/170). During the negotiated decision stage the applicant withdrew the proposal. Both the owner and the intended site occupier, Hardware House, seek to pursue the development and have lodged a separate application. No changes to the proposal or the planning circumstance have occurred since Council last considered 8/8/170. The applicant has requested minor variation to the conditions of Council’s previous approval and these are supported, with clarification to the contribution requirements. It is recommended that Council support the application subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The development comprises of:- a. a hardware store of 7,170m2 gross floor area with a mezzanine level for the retail sale of building supplies, domestic hardware, fencing materials, painting and decorating products, plumbing supplies and timber and ancillary storage; b. a single storey, separate showroom building of 1,040m2 gross floor area; c. an outdoor plant nursery, adjacent to the hardware store; d. bulk landscaping and garden supplies, including the sale of timber to be used in landscaping; and e. ancillary facilities such as a refreshment area or kiosk, offices, storage areas, toilets and staff amenities. The uses are accompanied by a substantial car park located adjacent to Spence and Fearnley Streets. The site and building design have provided for loading of goods both internal and external to the Hardware Store component. Separate car parking is located adjacent to the showroom premises.

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Strategic Plan & Land Zoning The Strategic Plan nominates a preferred use of Industry and the current land zoning is General Industry. There has been no change in planning considerations since Council considered an identical application at its meeting held on 12 September 2000. The development is considered appropriate to both the subject land and the locality. The overall built form has greater articulation than is normally proposed for industrial development. DCP 2 - Height and Impact of Buildings REQUIREMENT PROPOSAL COMPLIANCE Plot Ratio – max 1.5:1 0.27:1 Complies Height – max 15m unless otherwise approved by Council

Buildings : 14m Advertising Structures

Complies Refer to comments below

Three masts appurtenant to the Hardware House building rise to a maximum height of 30 metres. These cable stayed structures delineate the pedestrian entrance and are an integral element to all Hardware House complexes as an important component of the business’ corporate identity. The slim line design of these structures and the setback being a considerable distance from Spence Street produce a minimal imposition to the streetscape and skyline. They neither contribute to the building mass nor bulk. Similar structures (electricity transmission poles and reception masts) already exist in this industrial area. The proposed heights are considered appropriate in this context. DCP 5 - Cairns Port and Major Industrial Area The DCP nominates a preferred dominant land use for the site as “Light/Service Industry”. The intent of the area is to provide a buffer between the General Industry areas and other non-residential uses located in Paramatta Park and Bungalow, outside the DCP area. Amongst other matters the objectives for this designation require that development “generated by industry does not conflict with local or through traffic, or cause detriment within the immediate vicinity or to the general community”. The proposed development is considered a compatible infill development providing a suitable buffer activity. Sufficient parking and loading can be accommodated on the site so as not to cause congestion in Spence Street. It is noted that since the opening and expansion of the Southern Access Road there has been a considerable decrease in traffic along Spence Street. Public Notification/Submissions One submission was received on behalf of a competitor. The grounds of objection to the proposal are summarised below and responded to.

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There is a demonstrated need by Sinclair Knight Merz in the order of 8000m2 to 9000m2 of new showroom and retail warehouse uses within a trade catchment extending approximately 1 to 1.5 hours driving time from the central Cairns area (including both the Fearnley/Spence Streets site and the Westcourt Plaza Shopping Centre site). Council recently resolved to agree to setting conditions of approval for the Westcourt Plaza Shopping Centre site, currently at appeal stage. Given this resolution there is no demonstrated for the establishment of a further 8200m2 of retail warehouse and showroom space within the defined trade catchment. The proposed development incorporates substantial retail, warehouse and showroom use. The proposed use is not industrial in character and thus inappropriate for the site and inconsistent with the Strategic Plan. The development will result in a loss of available and suitable land for industrial expansion. The development is inconsistent with Council’s Centres Planning Strategy which nominates the preferred locations for retail warehouses and other retail categories to be within or abutting existing centres. The subject site is not such a location and is remote from any existing centre. The Sinclair Knight Merz Centre Retail Strategy did not include all hardware stores in its 1996 survey and the Centres Strategy did not discuss hardware stores, even as a type of “category killer”. It is a segment of a service/trade sales that was not considered as “normal retailing” or a component of the hierarchy of shopping centres in the Cairns region. The area of Scott and Spence Streets has traditionally provided a suitable location for trade retail, such as the proposed use. Consideration was given to the matter of ‘need’ for hardware floorspace when Council determined the original, identical application on this site. The subject development is to replace existing BBC Hardware Stores on Mulgrave Road (4,060m2) and at Scott Street (2020m2). The proposed development has a comparable floor area of 6,616m2 of hardware and indoor nursery space. The Mulgrave Road BBC Hardware and the Scott Street premises are in close proximity to the Westcourt Shopping Centre, where the other Hardware Store is proposed. It is unlikely that these existing uses will continue if a) the existing BBC Hardware relocate to the Spence Street site; and b) the Centro Group development at Westcourt proceeds. The resulting total floor area of some 14,000m2 is consistent with the Sinclair Knight Merz findings and assessment.

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The application has been lodged for a hardware store and other uses, the main component of the development is a hardware store. The development has particular regard to serving both the DIY home handy person as well as the commercial building and construction businesses. Thus, the substantial storage areas and ability for on-site loading to small and large vehicles alike. The development is not for “retail warehouses” and is specific in the nature of goods it will offer. The nature of the development, with its service to the local construction industry, is more akin to an industrial setting than a commercial, retail shopping centre. The use is considered a suitable buffer use to the Portsmith Industrial area and is located on roads that can adequately cope with anticipated traffic demands. The DCP for Portsmith seeks a light industry/service use for the land and a hardware store is a self-assessable use in the current Light Industry zone. Impact of Proposal Car Parking / Traffic PLANNING SCHEME REQUIREMENT

REQUIRED PROVIDED COMPLIANCE

Hardware Store – 1 space per 30m2 of net lettable area (6319.24m2)

210

Plant Nursery – 1 space per 25m2 of sales area plus 1 space per 200m2 of nursery area (907.2m2)

4.5

Showroom – 1 space per 50m2 of net lettable area (985.44m2)

19.7

Bulk Landscape and Garden Supplies (builder’s yard) – 1 space per 500m2 site area (1040m2)

2.1

TOTAL – 236.3 spaces 236.3 spaces 322 Complies No concerns are raised with the proposed car parking layout and design. A Traffic and Parking Assessment prepared by McLaren Traffic Engineering was submitted as part of the application. Spence Street traffic volumes are described as low and the local road network offers a “very good level of service”. Sufficient driveway widths will be provided. The majority of loading activities will occur only during weekdays and these deliveries are consistent with an industrial use. Industrial Development Requirements SCHEME REQUIREMENT PROPOSAL COMPLIANCE Maximum Site Coverage 60%

27% 11,350m2

Complies

Minimum landscape area 15% (requires 4813m2)

3691m2 Does not comply – see comments

Landscape frontage setback – 6m Spence Street (can include access isle) 3m Plath Close Fearnley Street

4.041 Spence St plus access isle 3.0m Plath Close Fearnley Street

Satisfactorily complies – see comments Complies Complies

Maximum Plot Ratio 1.5:1 0.27:1 Complies

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The provision of 15% of the site area for landscaping is a “code” provision of the Scheme and must be complied with. There is no discretion available to the Applicant to request Council to reduce the provision of landscaping area. There is a substantial excess of car parking spaces provided and some of these, notably the first row of parking adjacent to Spence Street, could be removed and replaced with an additional landscaping area. This would substantially increase the provision of landscaped area and this suggestion has been forwarded to the applicant. The remaining provision of car parking would still comply with the Planning Scheme requirement. The recommendation stipulates full compliance with the Scheme’s landscaping requirement. HEADWORKS / CONTRIBUTIONS:

Calculation Comment Contribution Water District 10: $3,049/EDC(1998)

H’ware House: 8096m2 @ 1EDC/840m2 *1

Showroom: 1040m2 @ 1EDC/2580m2 *2

Less Previous contributions for Lots 3-8 & Lots 12-14 of subdivision plan 744181 (12.12.1985) 9 lots @ $1015/lot = $9,135 (Dec. ’85) = $15,319.40 RICI adjusted = $15,319.40/$3,049 per EDC = 5.0 EDC *1 = Average of similar development in Brisbane *2 = Typical showroom in Cairns CBD

5.0 EDC @ $3,049/EDC (No RICI adjust.)

$15,245.00

Sewerage District 23: $1,981/EDC(1998) H’ware House: 8096m2 @ 1EDC/840m2 *1

Showroom: 1040m2 @ 1EDC/2580m2 *2

Less Previous contributions for Lots 3-8 & Lots 12-14 of subdivision plan 744181 (12.12.1985) 9 lots @ $1130/lot = $10,170 (Dec. ’85) = $17,055.09 RICI adjusted = $17,055.09/$1,981 per EDC = 8.6 EDC *1 = Average of similar development in Brisbane *2 = Typical showroom in Cairns CBD (rates adopted from water consumption)

1.4 EDC @ $1,981/EDC (No RICI adjust.)

$2,855.00

Road/Traffic Outer CBD: $890/pm.veh.trip end generated (1994) Bulky goods retail = 2.5 pm veh trips/100m2 Main Building shed:Showroom: 1040m2 Not levied Nursery: 926m2 Material yard: 12630m2 (Rates used from proposal report for typical Thursday, using RTA rates rather than higher rates

205.3 pm veh. trips @ $995.91 per trip (RICI adjust.)

$204,410.53

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reported for similar development)

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Drainage Fearnley Street @ $2,709.83/Ha (1994)

Allow 15% of site unsealed (landscaping) 0.85x2.4Ha @ $3009.76/Ha (RICI adjusted)

$6,139.91

Park No subdivision of land No contribution sought

Nil

Minor Modifications to Conditions of Approval 8/8/170. Strategic Planning advise that the minimum floor level is to be 2.75m AHD. This is slightly lower than was previously advised and the condition has been amended accordingly. The previous approval required the provision of a “left in” only access to the site at the proposed access mid-way along the Spence Street frontage (former condition 9(d)). The applicants have agreed that the limiting of traffic in this manner is not supported by the Traffic Report and that such restriction will have an adverse impact on the Retrovision business and others within the existing development. These grounds are concurred with and the condition has not been included in the recommendation. The condition 9(e) of the previous approval required the “provision of a slip lane for traffic entering the site via the “left in” access from Spence Street”. The applicant has argued that provision has already been made in the roadway pavement for the slip lane. The draft condition has been reworded to require line marking of the slip lane. Condition 9(f) of the previous approval required the “provision of a bus zone east of the access off Spence Street”. It is agreed with the applicant that the dominate use of Hardware Store generates minimal public transport demands and that the “proposed” location will impact on existing on-street parking. The applicant suggested that a more suitable location for the bus zone would be adjacent to the Spence Street frontage of Council’s Administration Centre where demand for public transport exists. The original condition 9(f)has not been included in the recommendation. Condition 25 of the previous approval restricted the height of the masts to 18m AHD or 15m above the base of the building slab. It is agreed that the mast height can be increased, as reasoned in the report above. Jenny Elphinstone Senior Planning Officer Brendan Nelson Action Officer Manager – City Assessment

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APPENDIX 1

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ORDINARY MEETING

29 MARCH 2001

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MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – HOME OCCUPATION - 57 PARK STREET, BAYVIEW HEIGHTS Belinda Jackson : 8/8/254 : 273406 PROPOSAL: HOME OCCUPATION (REAL ESTATE

OFFICE) APPLICANT: JOHN SHEEHAN PO BOX 5577 CAIRNS 4870 LOCATION: 57 PARK STREET, BAYVIEW HEIGHTS PROPERTY: LOT 160 ON RP731266, PARISH OF CAIRNS ZONE: RESIDENTIAL1 STRATEGIC PLAN: URBAN DCP: NONE APPLICABLE NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 3 APRIL 2001 DIVISION: 4 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council approve the application for a Material Change of Use for a Home Occupation (real estate office) at 57 Park Street, Bayview Heights and described as Lot 160 on RP731266, Parish of Cairns, subject to the following conditions:-


1. The site is to be developed and operated in accordance with the plans, specifications, facts and circumstances as set out in development application 8/8/254 submitted to Council on 31 January 2001, except as modified by the following conditions:

2. Only one sign, no greater than 0.3m² in area and bearing only a reference to the location of off street car parking and/or the name of the occupant and/or a telephone number and/or a description of the occupation, vocation or profession shall be displayed.

3. The total use area for home occupation purposes must not exceed 30m².

4. The use must only be conducted between the hours of 8.00am and 6.00pm Monday to Saturday and not at all on Sundays or Public Holidays.

5. No more than two (2) customers or clients shall be on the premises at any one time.

6. Clients shall visit the premises by appointment only.

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Car parking and Access Requirements

7. The applicant/owner is to provide one car parking space for the Home Occupation in addition to car parking required for the detached dwelling. Note that two spaces, one of which may be in tandem are required for the detached dwelling. The car parking area must be clearly identifiable by markings and is to be of a size consistent with the Australian Standards.

ADVICE

1. The approval shall lapse four (4) years from the date of issued of the Development Permit unless the use is substantially commenced and all conditions complied with to the satisfaction of the Chief Executive Officer.

EXECUTIVE SUMMARY: A Material Change of Use for a Home Occupation (real estate office) is proposed at 57 Park Street, Bayview Heights. The application has been publicly notified and no submissions were received. The proposal complies with the relevant provisions of the Planning Scheme and is recommended for approval, subject to reasonable and relevant conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed home occupation is for a real estate office and will involve an existing room of a house being converted to an office. The proposed home occupation will be operated by the owner of the dwelling and will not involve any additional employees upon the site. The proposed real estate office is of a small scale nature with a limited number of clients visiting the site by appointment only. The dwelling on the site will retain the appearance of a detached dwelling except for a small sign of no more than .30m2 being displayed on the premises. Strategic Plan/DCP The preferred dominant land use for the subject site and surrounding area is Urban. Areas identified as Urban are those areas suitable for such urban uses as residential, industrial, commercial and the like. The proposed home occupation is in accordance with this Strategic designation and if approved, is considered unlikely to prejudice future urban development. Land Zoning The subject site is included within the Residential 1 Zone. The intent of the Residential 1 zone is to allow for residential development predominantly in the form of single detached dwellings. The proposed Home Occupation is compatible with the intent of the Residential 1 zone as it will involve the use of a small portion of an existing detached dwelling as an office. Due to the small scale nature of the proposal it will not detract from the amenity of the area and is therefore compatible with residential living.

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Public Notification/Submissions In accordance with Section 3.4.4 of the Integrated Planning Act, 1997 the applicant has completed public notification and no submissions were received. Impact of Proposal The proposed development is unlikely to have a prejudicial effect upon the amenity of the locality and this is attributed to the development meeting all of the requirements of a home occupation as contained within the Planning Scheme. These requirements are outlined in the table below. Planning Scheme Requirements Proposed Development The total use area does not exceed 30m².

Complies – The area of the office is 29.24m².

No sign is to be displayed other than a sign not exceeding 0.3m² in area.

An appropriate condition has been included within the recommendation.

Involves the presence on the premises of no more than 2 customers or clients at any one time.

The applicant has estimated that there will be approximately 2-4 customers accessing the booking officer per week. An appropriate condition has been included within the recommendation.

Must be conducted only by a resident or residents of the detached dwelling.

Complies

Conducted only between the hours of 8.00am and 6.00pm Mondays to Saturdays and not at all on Sundays.

Complies

Does not involve any source of power other than an electric motor of no more than 400 watts.

Complies

Does not involve the repair or service of motor vehicles.

Complies

Does not involve the repair, storage or sale of machinery, material or equipment for use in industry or the building trade.

Complies

HEADWORKS / CONTRIBUTIONS: The Developer Engineer has advised that there are no headworks contributions applicable for this application. Belinda Jackson Planning OfficerAction Officer

Brendan Nelson Manager – City Assessment

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APPENDIX 1

25

ORDINARY MEETING

29 MARCH 2001

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NEGOTIATED DECISION – MATERIAL CHANGE OF USE – SERVICE STATION - EARLVILLE SHOPPING CENTRE, EARLVILLE Neil Beck:KRP : 8/8/207 : (274781) PROPOSAL: SERVICE STATION APPLICANT: PETROLEUM DESIGN AND MANAGEMENT

P/L C/- PLANNING AUSTRALIA PO BOX 6235 CAIRNS QLD 4870 LOCATION: EARLVILLE SHOPPING CENTRE, EARLVILLE PROPERTY: LOT 2 ON RP746717, PARISH OF CAIRNS ZONE: BUSINESS STRATEGIC PLAN: MAJOR BUSINESS CENTRE STATUTORY ASSESSMENT DEADLINE: 11 APRIL, 2001 DIVISION: 5 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council issue a Negotiated Decision Notice with respect to Development Application 8/8/207-01 for part of land described as Lot 2 on RP746717 for a Material Change of Use (Service Station) subject to the following:-

1 Condition 1 being amended to read as follows:

The applicant/owner must at all times during the development of the subject land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

i. the approved plans, Drawing No.: DA010(C), 19/01/2000 DA010.1(A), 19/01/2000 DA011(B), 19/01/2000 DA012(A), 03/07/2000 DA013(B), 17/04/2000 DA014(B), 17/04/2000 DA16(A), 13/03/2001 attached as Schedule A;

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ii. the plans, specifications, facts and circumstances as set out in the application submitted to Council; and

iii. the provisions of Council’s Development Manual

except where modified by these conditions of approval and any consent or endorsement issued there under; and any consent or endorsement issued pursuant to these conditions of approval.

2. Condition 5 to remain unchanged.

3. Condition 7 being amended to read as follows:

The applicant must provide an intersection treatment at the proposed access to the internal road network to improve safety and reduce conflict of movement. The applicant shall also meet all of the requirements of the Department of Main Roads and Queensland Transport.

Council accepts the concept of a roundabout treatment for this site, however approval of the intersection treatment is subject to the submission of satisfactory design drawings and a supporting traffic report.


The applicant must provide a minimum of two (2) car parking spaces on-site.

5. Condition 10 to be deleted.



Fuel tanker decanting operations shall not occur during the following hours:

Monday – Friday: 8:00am – 6:00pm

Saturday: 7:00am – 2:00pm

Consideration of restricted time shall be also given during periods of extended trading hours, such as provided for Christmas shopping.

8. In all other regards the conditions and advice contained in Development Permit 8/8/207-01 issued on 7 February, 2001 to remain unchanged.

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EXECUTIVE SUMMARY: Council at it’s Ordinary Meeting held on 1 February, 2001 resolved to approve an application for a Material Change of Use over part of land described as Lot 2 on RP746717 Parish of Cairns to facilitate the establishment of a Service Station within the boundaries of the Earlville Shopping Centre site located on Mulgrave Road, Cairns subject to conditions. The applicant has made further representations regarding Conditions 5,7,9,10,12 & 15 of the Development Permit relating to heights of future floor levels, the provision of car parking spaces, pedestrian accessibility to the site, and the timely delivery of fuel to the premises respectively. As a result of the negotiation process, it is recommended that Council support the proposed amendments to the extent outlined in the body of the report and issue a Negotiated Decision Notice. TOWN PLANNING CONSIDERATIONS: The following section outlines the conditions for which a negotiated decision is sought, along with the applicant’s comments and relevant officer comments. Condition 1 Condition 1 has been amended in the negotiated conditions of approval to reflect the approved plans of development and subsequent plans that have been submitted to Council as a consequence of the negotiation process as requested by the applicant. Condition 5 All habitable floor levels in all buildings must be located above the Q100 flood immunity level of 11.2 metres AHD, in accordance with Cairns CBD and Environs Drainage Management Plan, Development Manual Guidelines and Transitional Planning Scheme Policy. Applicant’s Comments The applicant is of the opinion that this Condition of Approval should be removed and placed within the Advice component of the Decision Notice as the design of Woolworths Petrol Plus pay points are designed to be relatively unaltered by flooding. Officer’s Comments To require the proposed building pad for the Petrol Plus pay station to have a Q100 flood immunity is a standard requirement for new commercial developments requiring a Material Change of Use, and therefore it is recommended that the condition remain as a Condition of Approval on the Development Permit.

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Condition 7 The applicant must provide an intersection treatment at the proposed access to the internal road network to improve safety and reduce conflict of movements. The applicant shall meet all the requirements of the Department of Main Roads and shall provide a traffic report investigating the feasibility of such treatments, including but not limited to: a. roundabout treatment b. channelisation treatment c. linemarking treatment d. consideration of weekend and seasonal traffic conditions Applicant’s Comments The applicant has made a representation to provide channelisation and linemarking works, in accordance with a traffic report prepared by Viney Traffic Engineering, to improve the safety to traffic movements at the intersection/entry to the site. Officer’s Comments The traffic report provided by Viney Traffic Engineering did not adequately consider the feasibility of a roundabout treatment at the intersection/entry to the site. Viney Traffic Engineering have since found a roundabout treatment to appear suitable at a conceptual stage and promote this method of treatment for the intersection/entry. In view of this development, and to allow some flexibility for the design to satisfy the objectives of improved safety and movements, the condition has been amended in the negotiated conditions of approval. Condition 9 The applicant must provide a minimum of five car parking spaces on-site. Applicant’s Comments In view of the nature of the proposed development, the applicant is of the opinion that five (5) car parking spaces are excessive and will not be utilised. The applicant has requested that two (2) car parking spaces be provided. Officer’s Comment It is recommended that the number of car parking spaces be reduced to two (2) car parking spaces having regard to the way in which these particular Service Stations operate. It is noted that only one employee will be present at the pay station at any given time, and that deliveries of merchandise to the pay point will be undertaken from the Woolworths supermarket in the adjoining shopping centre by supermarket staff using a hand trolley. The provision of two (2) spaces is considered sufficient for the proposed Service Station as it is anticipated that one space will be utilised by the employee whilst the other space will be available to the general public.

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Furthermore, it is noted that the existing Petrol Plus Service Station located at he Raintrees Shopping Centre has only one car parking space available for both the employees and the public. Accordingly, the condition has been amended in the negotiated conditions of approval. Condition 10 The car parking layout must be designed in accordance with Australian Standard AS2890, except as varied with the consent of the Chief Executive Officer. Such plans must be submitted at the time of lodgement of a development application for carrying out building work and endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work. Applicant’s Comments Should Council agree to the reduction in car parking spaces as per the submitted plan, then the above condition is not required, and accordingly, such condition has been omitted from the negotiated conditions of approval as submitted plans illustrate compliance with the Australian Standard. Officer’s Comments The applicant’s representations in this regard are concurred with at officer level and accordingly, should Council resolve to require two (2) car parking spaces for the proposed Service Station, then Condition 10 can be omitted form the negotiated conditions of approval. Condition 10 has been omitted in the recommended conditions of the negotiated decision. Condition 12 The applicant must provide safe, adequate and convenient pedestrian access through the proposed service station site for pedestrian movements between the main shopping centre and Mulgrave Road frontage. Applicant’s Comments The applicant has requested that direct reference be made to the retention of the existing pedestrian walkway illustrated on a plan accompanying the application to satisfy this condition. Officer’s Comments As internal road works are required as a result of improving traffic movements associated with the proposed Service Station, which has the potential to impact upon the pedestrian network, it is considered appropriate that the condition remain unchanged to provide the applicant with a degree of flexibility when preparing detailed engineering drawings for the development.

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Furthermore, the proposed pedestrian access to the frontage of Mulgrave Road illustrated on the submitted plan is insufficient. Condition 15 Fuel tanker decanting operations shall not occur during the following hours: Monday – Friday: 7:00am – 7:00pm Saturday: 7:00am – 2:00pm Consideration of restricted time shall be also given during periods of extended trading hours, such as provided for Christmas shopping. Applicant’s Comments The applicant agrees with the intent of this condition, however advises that the current condition is excessively restrictive and will adversely affect the ability to develop efficient fuel tanker delivery runs which may result in fuel tankers having to back track along their routes generating unnecessary and inefficient tanker movements. The applicant has requested that fuel delivery shall not occur between the hours of 8.00am – 6pm Monday to Friday. Officer’s Comments The minor amendment to the condition is supported at Officer level as the amended times for fuel delivery promote efficient and timely tanker movements. It is recommended that Condition 15 be amended to reflect the requested times for fuel delivery, and accordingly, Condition 15 has been amended in the negotiated conditions of approval. Neil Beck Planning Officer Action Officer


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DA016(A)

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ORDINARY MEETING

29 MARCH 2001

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NEGOTIATED DECISION – MATERIAL CHANGE OF USE – SAFARI TENTS (CABINS) AND DINING FACILITIES TO AN EXISTING CAMPING GROUND “MONCRIEFF PARK” - LOT 1 LOWER FRESHWATER ROAD, KAMERUNGA Jenny Elphinstone:KRP : 8/8/179 : 271215 PROPOSAL: SAFARI TENTS (CABINS) AND DINING

FACILITIES TO AN EXISTING CAMPING GROUND

APPLICANT: ANITA BERNSTROM C/- PROPERTY & RESOURCE PLANNING P/L PO BOX 4751 CAIRNS QLD 4870 LOCATION: LOT 1 LOWER FRESHWATER ROAD,

KAMERUNGA, “MONCRIEFF PARK” PROPERTY: LOT 1 ON RP737060, PARISH OF CAIRNS ZONE: RURAL STRATEGIC PLAN: RURAL DCP: N/A NUMBER OF SUBMITTERS: 31 DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN 2. PREVIOUS COUNCIL RESOLUTION 3. PREVIOUS OFFICER REPORT 4. CORRESPONDENCE FROM SUBMITTER

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LOCALITY PLAN

RECOMMENDATION:

A. That Council issue a Negotiated Decision Notice with respect to development application 7/7/179 for land described as Lot 1 on RP737060, at Lot 1 Lower Freshwater Road, Kamerunga “Moncrieff Park” for a Material Change of Use, subject to the following:-

1. Condition 1.d. be amended to read:

1. The applicant/owner must at all times during the development of the subject land carry out the development and the construction of any building thereon and conduct the approved use generally in accordance with:

d. All construction work, maintenance, repair, demolition, and other activities related to construction and operational works on site shall be confined to the following hours:

7.00 am to 6 pm Monday to Friday

7.00 am to 1.00 pm Saturdays

No work Sundays and Public Holidays

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Any work outside these hours is subject to approval by the Chief Executive Officer. An application must be submitted in writing to the Chief Executive Officer at least five (5) working days prior to the date/s for which approval is sought.

except where modified by these conditions of approval and any development permit or endorsement issued thereunder.

2. Condition 2.a. and b. be amended to read as follows:

2. a. The use of the property for a Camping Ground is limited to the erection of a maximum of fifty (50) sites, including a maximum of twenty five (25) ‘safari tent’ structures and the balance of sites being for erection of tents. Caravans, (other than camper vans) and any other cabins (other than the ‘safari tent’ structures hereby approved) or the like are not to be accommodated on site and the Camping Ground is not to be used to provide permanent residency. The existing bus and caretaker’s caravan used as manager’s accommodation and caretaker’s caravans acceptable as an interim measure for a duration to the satisfaction of the Chief Executive Officer.

b. The existing bus and caretaker’s caravan used as Managers Accommodation and Caretaker’s Caravans are acceptable as an interim measure for a period of 18 months subsequent to the completion of Stage 1 of the proposed development.

3. Condition 3 to remain unchanged. 4. Condition 4 to remain unchanged. 5. Condition 5 to remain unchanged. 6. Condition 6 to remain unchanged. 7. Condition 7 to remain unchanged. 8. Condition 8 be amended to read:

8. The applicant must obtain a “Trade Waste” permit for the installation of a grease interceptor trap having a minimum capacity of 1000 litres through which the waste generated from the communal kitchens and BBQ facility must be discharged. The laundry must also be fitted with a lint trap. Application for a Trade Waste Permit addressing the above requirements must be made within 4 within 14 business days of issue of this Development Permit.

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14. Condition 14 be amended to read:

14. All toilets in the Camping Group must be fitted with dual flush cisterns and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict pressure flow to 9 litres of water per minute.









23. Condition 23.a. be amended to read:

23. a. The applicant is to be responsible for the provision and maintenance of a suitable water supply system, e.g. bore. The proposed system must be designed, constructed and maintained to the requirements and satisfaction of the Environmental Protection Agency, Department of Natural Resources and the Chief Executive Officer. The system must be designed in accordance with Council’s Development Manual, including Fire Fighting Requirements.

Suitably qualified professionals must be engaged to design and/or certify the water supply system.

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The proposed design of such system must be submitted to and endorsed by Council’s Chief Executive Officer prior to the submission of an application for a Development Permit for Carrying Out Building Work.

The quality of water supplied to the development, and any other related items affecting water supply or treatment, must satisfy the requirements of NH and MRC Australian Drinking Water Guidelines 1996, ISBN 0 642 24463 4, to the satisfaction of the Chief Executive Officer.

24. Condition 23.b. be amended to read:

23. b. The applicant/owner must provide results of a water quality sample once every three (3) months to Council. Should the results of such sample not generally comply with the requirements of NH and MRC Australian Drinking Water Guidelines 1996, ISBN 0 642 24463 4, to the satisfaction of the Chief Executive Officer, the applicant/owner shall be required to connect the site to Council’s existing water supply headworks at a point that has the capacity available to serve the site.

25. In all other regards the conditions and advice contained in Development Permit 8/8/179 issued on 23 January 2001 remain unchanged.

B. That Council advise Mr Scott Browning that Council is unable to rescind it’s decision in relation to this matter in accordance with the provisions of IPA.

EXECUTIVE SUMMARY: Council is in receipt of a request by the Applicant for a negotiated decision. The conditions requested to be varied relate to the ancillary dining facilities, parking requirements, development of safari tents east of Easement A, freeboard flood heights for the safari tents and other minor matters. Only part of the request is considered reasonable and it is therefore recommended that a negotiated decision be issued varying only some of the conditions. TOWN PLANNING CONSIDERATIONS: Background Council previously considered an application for a material change of use – impact assessment at its Planning and Development Committee meeting held on 16 January 2001, where it resolved to grant a Development Permit in part subject to conditions. The approval allowed for the development of twenty-five (25) ‘safari tents’ (cabins). The component of the application regarding “associated dining facilities and a limited ancillary function centre” was refused by Council.

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Each of the conditions that were requested to be changed are listed below together with the applicant’s reasons and an Officer comment. Condition 1d 1 .The applicant/owner must at all times during the development of the subject land carry out the development and the construction of any building thereon and conduct the approved use generally in accordance with:… d. All construction work, maintenance, repair, demolition, and other activities on site shall be confined to the following hours: 7.00 am to 6 pm Monday to Friday 7.00 am to 1.00 pm Saturdays No work Sundays and Public Holidays Any work outside these hours is subject to approval by the Chief Executive Officer. An application must be submitted in writing to the Chief Executive Officer at least five (5) working days prior to the date/s for which approval is sought. except where modified by these conditions of approval and any development permit or endorsement issued thereunder. Applicant’s Comments The words “and other activities” should be deleted or the words “related to construction work” should be added. It is unclear whether the condition applies to only the construction of the site or the ongoing use of the site. Officer’s Comments This is a standard condition that refers only to the construction phase of the development. This can be clarified by rewording. Conditions 2a and 2b 2.a. The use of the property for a Camping Ground is limited to the erection of a maximum of fifty (50) sites, including a maximum of twenty five (25) ‘safari tent’ structures and the balance of sites being for erection of tents. Caravans, (other than camper vans) and any other cabins (other than the ‘safari tent’ structures hereby approved) or the like are not to be accommodated on site and the Camping Ground is not to be used to provide permanent residency. The existing bus and caretaker’s caravan used as manager’s accommodation and caretaker’s caravans acceptable as an interim measure for a duration to the satisfaction of the Chief Executive Officer.

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b. The existing bus and caretaker’s caravan used as Managers Accommodation and Caretaker’s Caravans are acceptable as an interim measure for a period of 18 months subsequent to the completion of Stage 1 of the proposed development. Applicant’s Comments The issue of ancillary activities, eg. dining by guests should be clarified. The Planning Scheme definition of Camping Ground includes ancillary activities. The words “and ancillary activities (including dining) for resident guests” should be inserted after “tents” in the first sentence. The last sentence of Condition 2a and Condition 2b should be deleted. The applicant argues that there is no planning justification for the requirement as she claims the bus and caretaker’s van do not impact adversely on the use of the site or the enjoyment of the surrounding land. The applicant further argues that Council’s Local Laws do not apply and the definition of Camping Ground allow and forsee such activities. Officer’s Comments The definition of a camping ground makes no mention of “ancillary activities”. In regard to dining facilities, reference is made in the definition to “a kiosk and amenity buildings”. The use is defined by the application that is approved by this permit. Council is prepared to accept the existing amenity and dining facilities and considers these adequate for the number of camping sites proposed. It is not considered appropriate that these facilities be expanded to incorporate an additional building. The Planning Scheme definition of camping ground does not include the accommodation by caravans. The intention of a camping ground is to provide temporary, rather than permanent accommodation, to guests. Concern is raised with the temporary nature of staff accommodation (bus and caretaker’s caravan) and that these should be of a high quality built form. The matter of temporary accommodation is relevant to Council’s Local Law, rather than a planning approval condition. It is therefore appropriate that the condition be amended accordingly. Condition 3 3. No camping areas or ‘safari tents’ are to be located or erected within 5 metres of all property boundaries and no camping areas or ‘safari tents’ are to be located or erected on the eastern side of Access Easement A. Additionally, no camping sites or ‘safari tents’ are to be located within 10 metres of a section of a boundary lot where than section of the boundary is within 25 metres of a dwelling on an adjacent lot.

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Applicant’s Comments The applicant argues that there is no justification for prohibiting the erection of camping sites or safari tents east of Easement A. There is only a small period of the year when this area is adversely affected by flooding and the applicant is prepared to accept a condition that restricts use to outside the months of December, January, February and March. In the applicant’s experience there has been no significant flooding at other times. The applicant is also prepared to accept a condition that requires safari tents in this area to be designed to withstand flood loads and the floor levels to be above the Q100 flood level for Freshwater Creek. There is no need to incorporate a condition specifying a minimum level of access to safari tents in this location as the suggested condition prohibiting use during the wet season will ensure these structures are not occupied during the flood periods. Officer’s Comments Council is concerned about the location of sites within an area that is immediately adjacent to the Freshwater Creek and where there is a future risk of creek bank erosion. This concern was also reflected in the Court’s determination of the existing camping ground approval which prohibits camping sites in this area. It is recommended that this condition remain unchanged. Condition 8

8. The applicant must obtain a “Trade Waste” permit for the installation of a grease interceptor trap having a minimum capacity of 1000 litres through which the waste generated from the communal kitchens and BBQ facility must be discharged. The laundry must also be fitted with a lint trap. Application for a Trade Waste Permit addressing the above requirements must be made within 4 business days of issue of this Development Permit.

Applicant’s Comments The timing requirement in the condition is inappropriate and the last sentence should be replaced by the following wording “An application for a Trade Waste Permit addressing the above requirements must be made at the same time as the building application for the dining room.” Officer’s Comments Council’s Trade Waste Services advised that a Trade Waste approval is required for both food preparation areas. It is agreed that the timing of the condition should read “14 business days” and not “4 business days”.

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Condition 9 9. Carparking and Access Requirements Carparking spaces in accordance with the Planning Scheme requirements for each stage and (if bus tours are accommodated) two (2) bus parking bays must be provided on site. The bus parking bays, driveway and vehicular manoeuvring areas are to be constructed, paved, drained, sealed, linemarked and maintained to the requirements and satisfaction of the Chief Executive Officer in accordance with Council’s Planning Scheme prior to commencement of the use. The carparking spaces can be provided for on grassed areas adjacent to campsites. Should this, at any time, create problems (i.e. dust, safety, amenity or noise), Council reserves the right to require these carparking spaces to be sealed. Applicant’s Comments The condition should be staged and the sealing of the driveways and manoevring areas only required should the unsealed surfaces cause dust, safety or amenity problems to adjoining land owners or when the site is licensed for more than 25 camp sites/safari tents. The condition is only satisfactory if the requirement to formally construct the parking, driveways and manoevring areas, to a sealed standard, occurs when bus tours are accommodated on the site. If it is intended that construction is to occur before buses are accommodated on the site, then staging provisions, previously agreed to by Council should be implemented. Officer’s Comments The condition currently requires the bus parking, driveway and vehicle manoevring areas to be fully and formally constructed at the commencement of the use, (ie. immediately). The condition allows some flexibility for the standard of development of the car parking bays adjacent to each camp site. The condition further clarifies that the bus bays need only be provided at the time bus tours are accommodated. Given the highest occupancy will occur during the dry season when dust problems will be most exacerbated, the condition is considered reasonable and it is recommended that the condition remain unchanged. Condition 12c

Landscaping and Screening Requirements 12. A landscape plan, conforming with all relevant provisions of the approved plan of layout must be submitted at the time of lodgement of a building application and must be approved by Council prior to the issue of the building permit. The landscaping plan must show: a. the retention of all existing trees and shrubs; b. landscaping along Easement A; c. a dense landscape buffer of 3 metres to the north and south property boundaries; and

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d. supplementary planting on the balance of the northern and western boundaries. No trees are to be removed from the site without the prior approval of the Chief Executive Officer. Areas to be landscaped must be established prior to the completion of Stage 1 and maintenance at all times to the satisfaction of the Chief Executive Officer. Applicant’s Comments The wording of Condition 12c should be amended to add the words “in the vicinity of the existing dwellings”. Officer’s Comments The Scheme’s performance criteria for camping grounds includes that the premises “shall present a view from the street which is compatible with the prevailing built form and landscape quality”. The surrounding landscape is essentially rural and the intention of the buffer is two fold : to contain the use and visual setting within the subject site; and secondly provide a suitable buffer between land uses. The condition is considered reasonable given the rural setting and it is recommended that the condition remain unchanged. Condition 14 14. All toilets in the Camping Group must be fitted with dual flush cisterns and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict pressure to 9 litres of water per minute. Applicant’s Comments The word “pressure” should be replaced by the word “flow”. Officer’s Comments The applicant’s submission is acceptable. Condition 15 Engineering Requirements 15. The applicant must dedicate to the Crown as a drainage easement the area of land between Easement A and the property boundary to Freshwater Creek.

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Applicant’s Comments The condition is unreasonable, unlawful and irrelevant in planning terms. The condition should be deleted. Officer’s Comments Council has raised concern with the location of any camping sites, normal ground sites or elevated safari tents (cabins) sites, within this area due to the risk of possible future flood damage. The condition is considered reasonable and relevant in the circumstances of the application. It is recommended that the condition remain unchanged. Conditions 19, 20, 21 and 22 19. All habitable floor areas (other than the ‘safari tents’ platform) must be a minimum of 150mm above the Q100 flood level of 8.5m (AHD) for this site. 20. All ‘safari tent’ floor levels must be 0.3m above the Q50 flood level of 8.0m (AHD) or to the requirements of the Building Code of Australia, whichever is the greater. 21. All campsites (site to be above Q25) and ‘safari tent’ sites (access to be above Q25) are to be located above the Q25 flood level of 7.5m (AHD). 22. a. The site is not to be occupied by campers or guests when there is risk of serious flooding of the site. In particular, site management must ensure that the Camping Ground and ‘safari tents’ are vacated and guests removed from the property within 12 hours of the Bureau of Meteorology issuing the first cyclone warning for the Cairns area or flood warnings being issued for the Barron River and/or for Freshwater Creek. No guests must be admitted or re-admitted to the site until such time as the cyclone/flood warning has been cancelled. The applicant/owner must ensure guests are informed of this requirement. b. An Emergency Disaster Plan shall be prepared and approved by Council, and lodged with Council within 30 days of the approval of this application. Such plan must be clearly displayed within each ‘safari tent’ and all amenities ancillary to the development. A plan shall be kept by Council and also lodged with the Local Government Counter Disaster Committee. Applicant’s Comments There is no justification for imposing a freeboard on the flood heights (condition 19 and 20). This is an unreasonable imposition on the development and serves no purpose as the site will be vacated in accordance with Condition 22. In the same manner minimum levels in Conditions 20 and 21 are also inappropriate. At the very least the freeboard requirement should be deleted.

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Officer’s Comments The requirement for Q100 for floor areas for habitable buildings is a mandatory requirement. The height of camp sites was set by the previous Court decision and is maintained. The height of the safari tents (cabins) is considered a suitable compromise height of Q50 given the intention of these “buildings” as a semi-permanent structure. It is recommended that the condition remain unchanged. Condition 23.a. and b. 23. a. The applicant is to be responsible for the provision and maintenance of a suitable water supply system, e.g. bore. The proposed system must be designed, constructed and maintained to the requirements and satisfaction of the Environmental Protection Agency, Department of Natural Resources and the Chief Executive Officer. The system must be designed in accordance with Council’s Development Manual, including Fire Fighting Requirements. Suitably qualified professionals must be engaged to design and/or certify the water supply system. The proposed design of such system must be submitted to and endorsed by Council’s Chief Executive Officer prior to the submission of an application for a Development Permit for Carrying Out Building Work. The quality of water supplied to the development, and any other related items affecting water supply or treatment, must satisfy the requirements of NH and MRC Australian Drinking Water Guidelines 1996, ISBN 0 642 24463 4, to the satisfaction of the Chief Executive Officer. b. The applicant/owner must provide results of a water quality sample once every three (3) months to Council. Should the results of such sample not comply with the requirements of NH and MRC Australian Drinking Water Guidelines 1996, ISBN 0 642 24463 4, to the satisfaction of the Chief Executive Officer, the applicant/owner shall be required to connect the site to Council’s existing water supply headworks at a point that has the capacity available to serve the site. Applicant’s Comments In Condition 23a the reference to the EPA should be deleted as it has no jurisdiction or published standards. Condition 23b should refer to general compliance with the NHMRC guidelines. Firstly as they are “guidelines” not mandated safety standards, and secondly many of Council’s water supply do not meet the guidelines and it is therefore unreasonable for the subject development to meet the guideline. It is noted that testing to date indicates the water meets the guidelines except for a iron content which is slightly high. Iron is not a health issue, only an amenity issue – staining.

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Officer’s Comments No concern is raised with the deletion of the EPA from 23(a) as it is a matter for Council and the DNR. This part of the condition can change. Condition 23.b. can refer to a “general” compliance as requested and this will still achieve Council’s intent with the condition. Other Matters A submitter, Mr Scott Browning, has written to Council seeking that Council rescind its decision and reject the application. A copy of this correspondence is contained in Appendix 4. Once Council has made its decision, it cannot rescind, under the Integrated Planning Act. Should Mr Browning disagree with Council’s decision, then he has the opportunity available to him to lodge an appeal. Jenny Elphinstone Senior Planning OfficerAction Officer


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APPENDIX 1

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APPENDIX 2 6 MATERIAL CHANGE OF USE – IMPACT ASSESSMENT

– SAFARI TENTS (CABINS) AND DINING FACILITIES TO AN EXISTING CAMPING GROUND - ANITA BERNSTROM – LOT 1 LOWER FRESHWATER ROAD, KAMERUNGA “MONCREIFF PARK” - JE 8/8/179 - 242034

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COUNCILLOR SHEPPARD MOVED MDA(A) “A. That Council approve the application for the Material Change of Use Impact Assessment for the development of twenty-five (25) ‘safari tents’ (cabins) at Lot 1 Lower Freshwater Road, Kamerunga, on land described as Lot 1 on RP 737060, subject to the following conditions: 1. The applicant/owner must at all times during the development of the subject land carry out the development and the construction of any building thereon and conduct the approved use generally in accordance with: a. the approved Plan No 5320-1 issue A dated 29/1/96 submitted to Council on 7 June 2000 attached as Schedule A; b. the provisions of Council’s Development Manual; and c. the specifications, facts and circumstances as set out in the application submitted to Council; d. All construction work, maintenance, repair, demolition, and other activities on site shall be confined to the following hours: 7.00 am to 6 pm Monday to Friday 7.00 am to 1.00 pm Saturdays No work Sundays and Public Holidays Any work outside these hours is subject to approval by the Chief Executive Officer. An application must be submitted in writing to the Chief Executive Officer at least five (5) working days prior to the date/s for which approval is sought. except where modified by these conditions of approval and any development permit or endorsement issued thereunder.

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2. a. The use of the property for a Camping Ground is limited to the erection of a maximum of fifty (50) sites, including a maximum of twenty five (25) ‘safari tent’ structures and the balance of sites being for erection of tents. Caravans, (other than camper vans) and any other cabins (other than the ‘safari tent’ structures hereby approved) or the like are not to be accommodated on site and the Camping Ground is not to be used to provide permanent residency. The existing bus and caretaker’s caravan used as manager’s accommodation and caretaker’s caravans acceptable as an interim measure for a duration to the satisfaction of the Chief Executive Officer. b. The existing bus and caretaker’s caravan used as Managers Accommodation and Caretaker’s Caravans are acceptable as an interim measure for a period of 18 months subsequent to the completion of Stage 1 of the proposed development. 3. No camping areas or ‘safari tents’ are to be located or erected within 5 metres of all property boundaries and no camping areas or ‘safari tents’ are to be located or erected on the eastern side of Access Easement A. Additionally, no camping sites or ‘safari tents’ are to be located within 10 metres of a section of a boundary lot where than section of the boundary is within 25 metres of a dwelling on an adjacent lot. 4. Submission of satisfactory building plans and specifications in accordance with the Building Act, Council’s Local Laws and the relevant Planning Scheme where applicable (except where modified by these conditions) and the relevant approvals shall be gained and work completed on each stage of the development prior to the commencement of a particular part of the use. 5. The ambient background noise level shall be determined by the applicant prior to the issue of any building approval. Between the hours of 8.00pm and 8.00am the noise levels, when measured from the boundary, shall not exceed 5dba above the determined ambient background noise level. No amplified music is to occur in conjunction with the ancillary function centre use. 6. The provisions of this development permit are to be effected prior to the commencement of each stage of the specific use granted by Council. 7. Suitable access and facilities to cater for disabled persons must be provided within the approved development to ensure the development does not conflict with the provisions of the Disability Discrimination Act (Commonwealth) and the Anti Discrimination Act. Including on the basis of staged development:

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a. for up to 20 ‘safari tent’ structures at least one must have access and facilities for disabled persons; b. for more than 20 ‘safari tent’ structures at least two must have access and facilities for disabled persons.

Function Centre Use 8. The applicant must obtain a “Trade Waste” permit for the installation of a grease interceptor trap having a minimum capacity of 1000 litres through which the waste generated from the communal kitchens and BBQ facility must be discharged. The laundry must also be fitted with a lint trap. Application for a Trade Waste Permit addressing the above requirements must be made within 4 business days of issue of this Development Permit. 9. Carparking and Access Requirements Carparking spaces in accordance with the Planning Scheme requirements for each stage and (if bus tours are accommodated) two (2) bus parking bays must be provided on site. The bus parking bays, driveway and vehicular manoeuvring areas are to be constructed, paved, drained, sealed, linemarked and maintained to the requirements and satisfaction of the Chief Executive Officer in accordance with Council’s Planning Scheme prior to commencement of the use. The carparking spaces can be provided for on grassed areas adjacent to campsites. Should this, at any time, create problems (i.e. dust, safety, amenity or noise), Council reserves the right to require these carparking spaces to be sealed. 10. The landscaped areas adjoining the bus parking area must be protected from vehicular encroachment by a 150 mm high vertical concrete kerb or similar obstruction approved by the Chief Executive Officer and must be submitted at the time of lodgement of a building application. 11. The vehicular driveway accessing the site must feature a physical means of speed control at the exit point near the front alignment and plans must be submitted at the time of lodgement of a building application, and must be to the satisfaction of the Chief Executive Officer. Landscaping and Screening Requirements 12. A landscape plan, conforming with all relevant provisions of the approved plan of layout must be submitted at the time of lodgement of a building application and must be approved by Council prior to the issue of the building permit. The landscaping plan must show:

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a. the retention of all existing trees and shrubs; b. landscaping along Easement A; c. a dense landscape buffer of 3 metres to the north and south property boundaries; and d. supplementary planting on the balance of the northern and western boundaries. No trees are to be removed from the site without the prior approval of the Chief Executive Officer. Areas to be landscaped must be established prior to the completion of Stage 1 and maintenance at all times to the satisfaction of the Chief Executive Officer.

Health Requirements 13. All bin enclosures must be suitably located outside of a three (3) metre wide landscape strip to the road frontage and sited on the property in accordance with Council Policy such that it is to the requirements and satisfaction of the Chief Executive Officer. 14. All toilets in the Camping Group must be fitted with dual flush cisterns and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict pressure to 9 litres of water per minute.

Engineering Requirements 15. The applicant must dedicate to the Crown as a drainage easement the area of land between Easement A and the property boundary to Freshwater Creek. 16. The applicant must construct the following works external to the subject site:- a. widen Lower Freshwater Road bitumen seal 20 metres long at either side of the access point. The width must vary from zero at 20 metres from the driveway to 3 metres at the driveway; b. extend driveway to allow for buses to safely enter and leave the property; c. extend culvert under the driveway to provide sufficient width for item (b) above; and

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d. the driveway must have a minimum width of 5 metres and must be extended from Lower Freshwater Road to the property boundary. 17. No excavation or earthworks are to be undertaken without the written approval of the Chief Executive Officer. Should any earthworks be undertaken, three (3) copies of the plan of works and drainage must be submitted to and approved by the Chief Executive Officer. 18. All external lighting installed upon the premises, including for car parking areas, must be certified by the Far North Queensland Electricity Board or such other suitably qualified person such that it must conform with the Planning Scheme whereby vertical illumination at a distance of 1.5m outside the boundary of the site must not exceed eight (8) lux measured at any level upwards from ground level to the requirements and satisfaction of the Chief Executive Officer. 19. All habitable floor areas (other than the ‘safari tents’ platform) must be a minimum of 150mm above the Q100 flood level of 8.5m (AHD) for this site. 20. All ‘safari tent’ floor levels must be 0.3m above the Q50 flood level of 8.0m (AHD) or to the requirements of the Building Code of Australia, whichever is the greater. 21. All campsites (site to be above Q25) and ‘safari tent’ sites (access to be above Q25) are to be located above the Q25 flood level of 7.5m (AHD). 22. a. The site is not to be occupied by campers or guests when there is risk of serious flooding of the site. In particular, site management must ensure that the Camping Ground and ‘safari tents’ are vacated and guests removed from the property within 12 hours of the Bureau of Meteorology issuing the first cyclone warning for the Cairns area or flood warnings being issued for the Barron River and/or for Freshwater Creek. No guests must be admitted or re-admitted to the site until such time as the cyclone/flood warning has been cancelled. The applicant/owner must ensure guests are informed of this requirement. b. An Emergency Disaster Plan shall be prepared and approved by Council, and lodged with Council within 30 days of the approval of this application. Such plan must be clearly displayed within each ‘safari tent’ and all amenities ancillary to the development. A plan shall be kept by Council and also lodged with the Local Government Counter Disaster Committee.

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23. a. The applicant is to be responsible for the provision and maintenance of a suitable water supply system, e.g. bore. The proposed system must be designed, constructed and maintained to the requirements and satisfaction of the Environmental Protection Agency, Department of Natural Resources and the Chief Executive Officer. The system must be designed in accordance with Council’s Development Manual, including Fire Fighting Requirements. Suitably qualified professionals must be engaged to design and/or certify the water supply system. The proposed design of such system must be submitted to and endorsed by Council’s Chief Executive Officer prior to the submission of an application for a Development Permit for Carrying Out Building Work. The quality of water supplied to the development, and any other related items affecting water supply or treatment, must satisfy the requirements of NH and MRC Australian Drinking Water Guidelines 1996, ISBN 0 642 24463 4, to the satisfaction of the Chief Executive Officer. b. The applicant/owner must provide results of a water quality sample once every three (3) months to Council. Should the results of such sample not comply with the requirements of NH and MRC Australian Drinking Water Guidelines 1996, ISBN 0 642 24463 4, to the satisfaction of the Chief Executive Officer, the applicant/owner shall be required to connect the site to Council’s existing water supply headworks at a point that has the capacity available to serve the site. Or, c. The applicant must be responsible for water supply works external to the development to connect the site to Council’s existing water supply headworks at a point that has the capacity available to serve the site. All such works are to be to the requirements and satisfaction of the Chief Executive Officer.

Contributions in accordance with Council’s Policy provided for in the Integrated Planning Act are required towards the provisions of water supply headworks. The contributions to be paid are the rates applicable at the time of payment. On the present method of calculation, the estimated headworks contribution must be $ 63,308.55.

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The contributions must be paid prior to the issue of a Development Approval for Building Works.

24. Contributions in accordance with Council’s Policy provided

for in the Integrated Planning Act are required towards the provisions of sewerage supply headworks. The contributions to be paid are the rates applicable at the time of payment. On the present method of calculation, the estimated headworks contribution shall be $ 6,495.74

The contributions shall be paid prior to the issue of a Development Approval for Building Works.

Approved plumbing and drainage works must be constructed to the satisfaction of Council’s Chief Executive Officer prior to the commencement of the use. 25. All existing creek systems and drainage areas are to be left in their current state, including no channel alterations and no removal of vegetation unless approved in writing by the Chief Executive Officer. 26. Access Easement A, which traverses the site, shall not be obstructed by any vehicles, structure or other material at any time.

Security 27. To guarantee the satisfactory completion of any required works external to the land, the applicant shall lodge with the Council a cash bond or guarantee to the value of $4000.00, such guarantee to be in a format considered satisfactory by the Chief Executive Officer. The bond or guarantee shall be lodged prior to the issue of any building approval on the land in relation to this permit, and the Council may call up the guarantee to complete all or part of the works, mentioned herein to its satisfaction, should the applicant of the land fail to do so. 28. The applicant/owner is required to discharge sewerage from the site to Council’s system at times nominated by the Council as being clear of peak flows in Council’s sewerage system at the point of connection. The applicant/owner must contribute to sewerage headworks for the treatment plant and outfall main component only.

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As Council has not determined a design equivalency of tent sites, the applicant/owner shall pay to Council, at building application stage, a contribution of 0.2EDC per ten site and lodge with the Council a security equal to the value of the contribution made. For a period of two (2) years, sewerage flows pumped from the site shall be measured, and average annual flows compared to domestic flows to determine an EDC equivalency for the Camping Ground. At that time, the actual sewerage headworks contribution payable in relation to the development, based on actual flows, shall be determined and the appropriate monetary adjustment made. The security in relation to headworks will then be returned to the applicant. ADVICE 1. Note that this approval granted under the provision of the Integrated Planning Act must cease and determine four (4) years from the date of issue of the Development Permit unless the use is substantially commenced and all conditions complied with to the satisfaction of the Chief Executive Officer. 2. Signs on the land shall conform with Council’s Local Laws – Signs and Advertisements – to the satisfaction of the Chief Executive Officer. Signage shall be limited to one (1) advertising sign with a maximum area of 2m². 3. The proposed development, at all times, shall comply with Council’s Local Laws as amended from time to time. Note Local Law 24: Vegetation Protection is applicable to this site. 4. At all time, the applicant is to ensure dust suppression measures are undertaken for the site to ensure that all materials are appropriately stores and any unsealed areas do not create a dust nuisance to surrounding areas to the satisfaction of the Chief Executive Officer. 5. Staff facilities must be provided in accordance with the Workplace Health & Safety Act and relevant Codes(s) of Practice. 6. Current requirements and estimates of development and headworks contributions may change when elements of the Cairns City Council Infrastructure Charges Plan (ICP) are adopted. B. The following notes be placed on Council’s property management file for Lot 1 on RP 737060, County of Nares: a. “This property is below the 1 in 100 years A.R.I. level and the owners and purchasers are responsible for ascertaining the flood risk of the property.”

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b. “No camp sites are permitted below the Q25 flooding level of 7.5m (AHD) and no camp sites are permitted east of the access Easement A” c. “Campers and guests removed from the property within 12 hours of the Bureau of Meteorology issuing the first cyclone warning for the Cairns area or where there is a risk of serious flooding. No guests must be admitted or re-admitted to the site until such time as the cyclone warning has been cancelled or the flood risk diminished. The applicant/owner must ensure guests are informed of this requirement.” C. That Council refuse the application for associated dining facilities and a limited ancillary function centre at Lot 1 Lower Freshwater Road, Kamerunga on land described as Lot 1 on RP737060 on the following grounds: 1. The application for an associated dining facility and a limited ancillary function centre is an intensification of the original approved uses ie : That the application for consent to use the land described as Lot 1 on RP737060, County of Nares, Parish of Cairns, and situated at Lot 1 Lower Freshwater Road, Freshwater, Cairns for the uprose of a camping area with approximately 50 tent sites, amenities block – single story 14m x 8m and office approximately 4m x 4m be approved subject to the following conditions” (Bernstrom V Cairns City council 11 February 1997 Consent order). 2. The application for associated dining facilities and a limited ancillary function centre is an intensification of land use beyond the original application, which is the focus of current litigation. 3. Intensification of activities on the site to include associated dining facilities and a limited ancillary function centre, accessible by non-residents of the camping area, would significantly change the character of the development and increase impacts on neighbouring properties and the surrounding area. 4. Access by the general public to the associated dining facilities and limited ancillary function centre, catering for up to 50 patrons, would significantly increase traffic flow to Lower Freshwater Road creating an unacceptable risk to road users for the following reasons: a. Lower Freshwater Road is essentially a one lane country road; b. Lower Freshwater Road is used seasonally by neighbouring farmers for the movement of farm machinery;

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c. Lower Freshwater Road would need to be substantially upgraded should the application for such ancillary use by approved; d. The increased traffic load would create demand for additional maintenance of the road.” SECONDED BY COUNCILLOR BONNEAU AND CARRIED.

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APPENDIX 3 planning & development committee meeting 16 January 2001 JE : 8/8/179 : 242034

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MATERIAL CHANGE OF USE – IMPACT ASSESSMENT PROPOSAL: SAFARI TENTS (CABINS) AND DINING FACILITIES

TO AN EXISTING CAMPING GROUND APPLICANT: ANITA BERNSTROM C/- PROPERTY & RESOURCE PLANNING PTY LTD P O BOX 4751 CAIRNS Q 4870 LOCATION: LOT 1, LOWER FRESHWATER ROAD, KAMERUNGA “MONCRIEFF PARK” PROPERTY: LOT 1 ON RP737060, PARISH OF CAIRNS ZONE: RURAL STRATEGIC PLAN: RURAL DCP: N/A NUMBER OF SUBMITTERS: 31 STATUTORY ASSESSMENT DEADLINE: CONCLUDED 19 DECEMBER 2000, DECISION DEFERRED AT

REQUEST OF APPLICANT TO NEXT PLANNING & DEVELOPMENT COMMITTEE MEETING

DIVISION: 12 APPENDIX: 1. LOCALITY PLAN 2. SITE LAYOUT PLAN

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RECOMMENDATION: That Council approve the application for the Material Change of Use Impact Assessment for the development of twenty-five (25) ‘safari tents’ (cabins) with associated dining facilities and a limited ancillary function centre at Lot 1 Lower Freshwater Road, Kamerunga, on land described as Lot 1 on RP737060, subject to the following conditions: 1. The applicant/owner must at all times during the development of the subject land carry out the development and the construction of any building thereon and conduct the approved use generally in accordance with: a) the approved Plan No 5320-1 issue A dated 29/1/96 submitted to Council on 7 June 2000 attached as Schedule A; b) the provisions of Council’s Development Manual; and c) the specifications, facts and circumstances as set out in the application submitted to Council; except where modified by these conditions of approval and any development permit or endorsement issued thereunder. 2. The use of the property for a Camping Ground is limited to the erection of a maximum of fifty (50) sites, including a maximum of twenty five (25) ‘safari tent’ structures and the balance of sites being for erection of tents. Caravans, (other than camper vans) and any other cabins (other than the ‘safari tent’ structures hereby approved) or the like are not to be accommodated on site and the Camping Ground is not to be used to provide permanent residency. The existing bus and caretaker’s caravan used as manager’s accommodation and caretaker’s caravans acceptable as an interim measure for a duration to the satisfaction of the Chief Executive Officer. 3. No camping areas or ‘safari tents’ are to be located or erected within 5 metres of all property boundaries and no camping areas or ‘safari tents’ are to be located or erected on the eastern side of Access Easement A. Additionally, no camping sites or ‘safari tents’ are to be located within 10 metres of a section of a boundary lot where than section of the boundary is within 25 metres of a dwelling on an adjacent lot. 4. Submission to and approval of satisfactory building plans and specifications in accordance with the Building Act, Council’s Local Laws and the relevant Planning Scheme where applicable (except where modified by these conditions) is to be gained prior to the commencement of a particular part of the use.

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5. The ambient background noise level shall be determined by the applicant prior to the issue of any building approval. Between the hours of 8.00pm and 8.00am the noise levels, when measured from the boundary, shall not exceed 5dba above the determined ambient background noise level. No amplified music is to occur in conjunction with the ancillary function centre use. 6. The provisions of this development permit are to be effected prior to the commencement of each stage of the specific use granted by Council. 7. Suitable access and facilities to cater for disabled persons must be provided within the approved development to ensure the development does not conflict with the provisions of the Disability Discrimination Act (Commonwealth) and the Anti Discrimination Act. Including on the basis of staged development: a) for up to 20 ‘safari tent’ structures at least one must have access and facilities for disabled persons; b) for more than 20 ‘safari tent’ structures at least two must have access and facilities for disabled persons. Food Establishment – Dining Facility 8. Two copies of plans and elevations of all dining facility areas drawn to a scale of not less than 1:100 must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work. Such drawings must show details of dimensions, materials used, finished to all surfaces including floors, walls, ceilings, benches, shelving etc, and the nature, installation and operation of all equipment, appliances and fixtures. Function Centre Use 9. The function centre use, hereby approved is restricted to the following hours of operation: Monday to Sunday - 8.00am to 5.00pm Unless otherwise approved by the Chief Executive Officer. 10. The function centre use is limited to cater for fifty (50) persons. 11. Prior to the use of function centre commencing the public carpark and bus parking area must be developed and sealed to the satisfaction of the Chief Executive Officer.

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12. The applicant must obtain a “Trade Waste” permit for the installation of a grease interceptor trap having a minimum capacity of 1000 litres through which the waste generated from the communal kitchens and BBQ facility must be discharged. The laundry must also be fitted with a lint trap. Application for a Trade Waste Permit addressing the above requirements must be made within 4 business days of issue of this Development Permit. 13. Carparking and Access Requirements Carparking spaces in accordance with the Planning Scheme requirements for each stage and (if bus tours are accommodated) two (2) bus parking bays must be provided on site. The bus parking bays, driveway and vehicular manoeuvring areas are to be constructed, paved, drained, sealed, linemarked and maintained to the requirements and satisfaction of the Chief Executive Officer in accordance with Council’s Planning Scheme prior to commencement of the use. The carparking spaces can be provided for on grassed areas adjacent to campsites. Should this, at any time, create problems (i.e. dust, safety, amenity or noise), Council reserves the right to require these carparking spaces to be sealed. 14. The landscaped areas adjoining the bus parking area must be protected from vehicular encroachment by a 150 mm high vertical concrete kerb or similar obstruction approved by the Chief Executive Officer and must be submitted at the time of lodgement of a building application. 15. The vehicular driveway accessing the site must feature a physical means of speed control at the exit point near the front alignment and plans must be submitted at the time of lodgement of a building application, and must be to the satisfaction of the Chief Executive Officer. Landscaping and Screening Requirements. 16. A landscaping plan, conforming with all relevant provisions of the approved plan of layout must be submitted at the time of lodgement of a building application and must be approved by the Chief Executive Officer prior to the issue of the building permit. The landscaping plan must show: a. the retention of all existing trees and shrubs; b. landscaping along Easement A; c. a dense landscape buffer of 3 metres to the north and south property boundaries; and d. supplementary planting on the balance of the northern and western boundaries. No trees are to be removed from the site without the prior approval of the Chief Executive Officer. Areas to be landscaped must be established and maintained at all times to the satisfaction of the Chief Executive Officer.

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Health Requirements 17. All bin enclosures must be suitably located outside of a three (3) metre wide landscape strip to the road frontage and sited on the property in accordance with Council Policy such that it is to the requirements and satisfaction of the Chief Executive Officer. 18. All toilets in the Camping Group must be fitted with dual flush cisterns and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict pressure to 9 litres of water per minute. Engineering Requirements 19. The applicant must dedicate to the Crown as a drainage easement the area of land between Easement A and the property boundary to Freshwater Creek. 20. The applicant must construct the following works external to the subject site:- a. widen Lower Freshwater Road bitumen seal 20 metres long at either side of the access point. The width must vary from zero at 20 metres from the driveway to 3 metres at the driveway; b. extend driveway to allow for buses to safely enter and leave the property; c. extend culvert under the driveway to provide sufficient width for item (b) above; and d. the driveway must have a minimum width of 5 metres and must be extended from Lower Freshwater Road to the property boundary. 21. No excavation or earthworks are to be undertaken without the written approval of the Chief Executive Officer. Should any earthworks be undertaken, three (3) copies of the plan of works and drainage must be submitted to and approved by the Chief Executive Officer. 22. All external lighting installed upon the premises, including for car parking areas, must be certified by the Far North Queensland Electricity Board or such other suitably qualified person such that it must conform with the Planning Scheme whereby vertical illumination at a distance of 1.5m outside the boundary of the site must not exceed eight (8) lux measured at any level upwards from ground level to the requirements and satisfaction of the Chief Executive Officer. 23. All habitable floor areas (other than the ‘safari tents’ platform) must be a minimum of 150mm above the Q100 flood level of 8.5m (AHD) for this site.

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24. All ‘safari tent’ floor levels must be 0.3m above the Q50 flood level of 8.0m (AHD) or to the requirements of the Building Code of Australia, whichever is the greater. 25. All campsites (site to be above Q25) and ‘safari tent’ sites (access to be above Q25) are to be located above the Q25 flood level of 7.5m (AHD). 26. The site is not to be occupied by campers or guests when there is risk of serious flooding of the site. In particular, site management must ensure that the Camping Ground and ‘safari tents’ are vacated and guests removed from the property within 12 hours of the Bureau of Meteorology issuing the first cyclone warning for the Cairns area. No guests must be admitted or re-admitted to the site until such time as the cyclone warning has been cancelled. The applicant/owner must ensure guests are informed of this requirement. 27. (a) The applicant is to be responsible for the provision and maintenance of a suitable water supply system, e.g. bore. The proposed system must be designed, constructed and maintained to the requirements and satisfaction of the Environmental Protection Agency, Department of Natural Resources and the Chief Executive Officer. The system must be designed in accordance with Council’s Development Manual, including Fire Fighting Requirements. Suitably qualified professionals must be engaged to design and/or certify the water supply system. The proposed design of such system must be submitted to and endorsed by Council’s Chief Executive Officer prior to the submission of an application for a Development Permit for Carrying Out Building Work. The quality of water supplied to the development, and any other related items affecting water supply or treatment, must satisfy the requirements of NH and MRC Australian Drinking Water Guidelines 1996, ISBN 0 642 24463 4, to the satisfaction of the Chief Executive Officer. Or, b) The applicant must be responsible for water supply works external to the development to connect the site to Council’s existing water supply headworks at a point that has the capacity available to serve the site. All such works are to be to the requirements and satisfaction of the Chief Executive Officer.

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Contributions in accordance with Council’s Policy provided for in the Integrated Planning Act are required towards the provisions of water supply headworks. The contributions to be paid are the rates applicable at the time of payment. On the present method of calculation, the estimated headworks contribution must be $ 63,308.55.

The contributions must be paid prior to the issue of a Development Approval for Building Works.

28. Sewerage from the site must be discharged to Council’s system at times nominated by the Council as being clear of peak flows in Council’s sewerage system at the point of connection. 29. Contributions in accordance with Council’s Policy provided for in the

Integrated Planning Act are required towards the provisions of sewerage supply headworks. The contributions to be paid are the rates applicable at the time of payment. On the present method of calculation, the estimated headworks contribution shall be $ 6,495.74

The contributions shall be paid prior to the issue of a Development Approval for Building Works.

Approved plumbing and drainage works must be constructed to the satisfaction of Council’s Chief Executive Officer prior to the commencement of the use. 30. All existing creek systems and drainage areas are to be left in their current state, including no channel alterations and no removal of vegetation unless approved in writing by the Chief Executive Officer. 31. Access Easement A, which traverses the site, shall not be obstructed by any vehicles, structure or other material at any time. Security. 32. To guarantee the satisfactory completion of any required works external to the land, the applicant shall lodge with the Council a cash bond or guarantee to the value of $4000.00, such guarantee to be in a format considered satisfactory by the Chief Executive Officer. The bond or guarantee shall be lodged prior to the issue of any building approval on the land in relation to this permit, and the Council may call up the guarantee to complete all or part of the works, mentioned herein to its satisfaction, should the applicant of the land fail to do so. 33. The applicant/owner is required to discharge sewerage from the site to Council’s system at times nominated by the Council as being clear of peak flows in Council’s sewerage system at the point of connection. The applicant/owner must contribute to sewerage headworks for the treatment plant and outfall main component only.

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As Council has not determined a design equivalency of tent sites, the applicant/owner shall pay to Council, at building application stage, a contribution of 0.2EDC per ten site and lodge with the Council a security equal to the value of the contribution made. For a period of two (2) years, sewerage flows pumped from the site shall be measured, and average annual flows compared to domestic flows to determine an EDC equivalency for the Camping Ground. At that time, the actual sewerage headworks contribution payable in relation to the development, based on actual flows, shall be determined and the appropriate monetary adjustment made. The security in relation to headworks will then be returned to the applicant. Advice 1. Note that this approval granted under the provision of the Integrated Planning Act must cease and determine four (4) years from the date of issue of the Development Permit unless the use is substantially commenced and all conditions complied with to the satisfaction of the Chief Executive Officer. 2. Signs on the land shall conform with Council’s Local Laws – Signs and Advertisements – to the satisfaction of the Chief Executive Officer. Signage shall be limited to one (1) advertising sign with a maximum area of 2m². 3. The proposed development, at all times, shall comply with Council’s Local Laws as amended from time to time. Note Local Law 24: Vegetation Protection is applicable to this site. 4. At all time, the applicant is to ensure dust suppression measures are undertaken for the site to ensure that all materials are appropriately stores and any unsealed areas do not create a dust nuisance to surrounding areas to the satisfaction of the Chief Executive Officer. 5. Staff facilities must be provided in accordance with the Workplace Health & Safety Act and relevant Codes(s) of Practice. 6. Current requirements and estimates of development and headworks contributions may change when elements of the Cairns City Council Infrastructure Charges Plan (ICP) are adopted. B. The following notes be placed on Council’s property management file for Lot 1 on RP 737060, County of Nares: a) “This property is below the 1 in 100 years A.R.I. level and the owners and purchasers are responsible for ascertaining the flood risk of the property.”

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b) “No camp sites are permitted below the Q25 flooding level of 7.5m (AHD) and no camp sites are permitted east of the access Easement A” c) “Campers and guests removed from the property within 12 hours of the Bureau of Meteorology issuing the first cyclone warning for the Cairns area or where there is a risk of serious flooding. No guests must be admitted or re-admitted to the site until such time as the cyclone warning has been cancelled or the flood risk diminished. The applicant/owner must ensure guests are informed of this requirement.” EXECUTIVE SUMMARY Previous approval has been granted through a Court Order to use the premises as a 50 site camping ground. The use approved did not include the ‘safari tents’ structures that have been erected on the site and the Court directed a separate approval be sought from Council for such use. This application addresses this direction. The main concerns regard flooding which affects the property, and the expansion of the use to include ancillary dining and function centre facilities. The report supports the development of ‘safari tents’ and a limited operation of the dining and function centre component subject to conditions. TOWN PLANNING CONSIDERATIONS BACKGROUND The previous application was made to use the land as a camping ground. The original approval by Council considered the safari tents component [a permanent deck structure with a canvas wall and roof (cabin)] as a camping site. The adjoining property owners sought a Declaration from the Planning and Environment Court that the ‘safari tents’ were not tents and therefore not consistent with the approval. The Planning and Environment Court agreed with this definition of use, required the safari tent use to cease and implied that a new, separate application be lodged for their use. This application addresses that matter. Concurrent with the declaratory proceedings, the Applicant also lodged an appeal against the conditions of the approval. The intent of the appeal sought to achieve a staged approval. Originally the camping ground was to be developed in one stage, however, a fire destroyed the dwelling on the property and this placed considerable financial strain on the applicant. In August 1998 the Applicant sought Council’s agreement to change the conditions to reflect the staged development. As the Court had set the original conditions, the matter must be referred back to the Court to change these conditions. Council considered these changes at its meeting held 31 August 1998 and agreed to some, but not all changes. The Court has not as yet finalised this matter, and is awaiting Council’s consideration of the current application for the ‘safari tents’. The existing approval allows up to fifty (50) camping sites.

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PROPOSAL The applicant proposes to erect up to twenty-five (25) ‘safari tents’. The total camping accommodation will not exceed fifty sites. Some of the existing camping sites will be superseded by a platform for a permanent ‘safari tent’ structure. The applicant also proposes to refurbish and extend the existing former stable building for use as a brasserie style (open barbeque) dining area. This dining facility will cater a maximum of fifty persons principally serving campers with some (limited) outside dining patronage. The final component of the application is to provide function facilities for up to sixty (60) guests with most functions catering for 30-40 guests. It is intended that 2-3 functions be held a month during the dry season and less frequently during the wet season. The functions component will utilise the refurbished dining facility. It is noted that the Court’s previous determination restricted camping areas to west of the access track, however this application proposes three ‘safari tent’ sites east of the access track. The site is located adjacent to the Freshwater Creek and the site is subject to inundation during flooding. This location consideration has been incorporated into the conditions of the previous Court decision. Strategic Plan The land is designated as Rural and can be better described as ‘marginal land’. It is affected by flooding and is thus unsuitable for urban development. The restrictive size of the lot (1.4 hectares) does not make a viable use for agricultural purposes. The site has already been found to be appropriate for tourism purposes – namely a camping ground. The application does not vary away from that original primary function. The proposal is consistent with the Tourism objective, to provide a greater diversity of accommodation types and opportunities available. The development serves both the local, domestic market (Cairns residents getting away for a weekend) as well as State, National and International guests. Land Zoning The use is impact assessable within the Rural zone. The intent of the zone requires consideration of amongst other things: (a) siting on poor quality agricultural land; and (b) compatible to surrounding agricultural land uses. The land is certainly not suitable for viable agricultural development. The primary use as a camping ground has not changed. The scale and intensity of the camping component has not changed. Certainly traffic in the area has increased, as the movement generated by a camping site is higher and more frequent than that amount generated by a cane farm use. While the function component will further increase traffic to the site, it is not considered that such increase is excessive or will result in any substantial detriment to the neighbouring rural farming properties.

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Impact of Proposal Location of ‘safari tents’ east of access track. This area is below the Q25 level, which the Court has set as a minimum ground level. This can be addressed by boardwalks at Q25 level connecting these sites to the main car park, dining facilities and existing camp kitchen/office area. Secondly, the impact of the river and its action on the adjacent banks is unknown. Concern is raised with the possible dynamic nature of the river ‘Freshwater Creek’ and possible further erosion of the bank to a point where it would interfere with the safari tent structures. Dining Facility Provided the noise emanating from this area is unamplified and within the limits of the camping ground facility the use is appropriate. A limit of fifty seats would restrict use to predominantly existing campers. The somewhat isolated location of the site, and limited facilities thereon would not result in a high proportion of dining patrons being generated off-site. Function Centre Concern is raised with this component, in particular the operation of such an activity during the evening. The dining component would ostensibly be located close to the southern boundary and the dwelling on the neighbouring farm is located nearby to this boundary. No concern would be raised if the function centre component was limited to daytime use only and with unamplified music. The carpark would need to be established prior to the commencement of this use. No further carparking would be necessary, provided the use was limited to the day period, as there would be a sharing of use – most campers being off-site during the day to visit tourist destinations. Given that the dining facilities will cater for 50 persons, the function activity should also be limited to this number of patrons. The Scheme requires that the proposed floor area be accompanied by 13 car spaces. Given the limit to day use and low use by campers at this time, it is suitable that this specific allocation be waived provided that the ‘future bus and parking’ area is developed prior to the function use commencing. PUBLIC NOTIFICATION / SUBMISSIONS Twenty-nine (29) submissions were received in support of the application. Three (3) submitters lodged objections to the proposal and each of the grounds of objections are detailed below. The applicant has a history of breach of conditions. Comment: Whilst the applicant has disagreed with the Court decision, the matter before Council is essentially a planning approval that will run with the land. Council will be responsible for the regulating of the application. The use is inappropriate to the ‘rural residential’ environment, the land zoning (rural) and is outside a Tourist development area.

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Comment: The use is only a variation to the existing camping ground use that was supported by Council and found to be appropriate by the Court. The proposal is inappropriate for the proposed high density usage (50 tent sites). Traffic generated by campers will severely affect the neighbouring rural area, Comment: There is no intent to vary the total number of sites allowed – this will remain as 50 whether they are ‘safari tents’ or standard camping sites. The site is not connected to Town Water. Comment: A draft condition of approval require either suitable provision (both quality and quantity) by bore or connection to existing external water supply. The land is susceptible to severe flooding. Comment: This issue is already addressed by the Court conditions. Noise emitted from the site will detrimentally affect local residents. Comment:This issue is already addressed by the Court conditions. There are no references to an eventual house or office on the site. The operator/owner continues to live in an old bus and the caretaker lives in a caravan. Comment:The Planning report forming part of the application states and intention to ultimately construct a manager’s residence, staff quarters and office on the property in the vicinity of the existing facilities area. This would be the last stage of the development. The use of a dwelling house is self-assessable in the rural zone and no separate approval is required for this development. There is an ability under Local Law 5 (Temporary Homes) where accommodation for permanent residents can be provided in a temporary structure. This is time limited and approval is issued by the Manager, Building Services. Essentially, this is not a matter under the planning considerations. Concern is raised about the hygiene at the property and that this is substandard. Comment: The existing conditions of the Court decision require the site to be connected to Council’s sewer. In addition, Council’s Local Law for Caravan Parks and Camping requires a standard of park operations to be maintained. The applicant should erect a 6’ high fence completely around the boundaries of the site and provide an automatic gate to the neighbouring property. Furthermore access to the camping ground should be some other than over Easement A & B.

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The adjacent agricultural property uses heavy equipment near the boundary. There is a concern of tourists accessing this neighbouring property and getting in the way of these vehicles. Comment: It would be inappropriate to require a solid fence around the property given the frequency of flooding. The issue of separation to neighbouring uses is already addressed by landscaping and siting setback conditions of the existing approval. The Applicant has a legal right to use Easements A & B which specifically benefit access. HEADWORKS CONTRIBUTIONS Calculation Comment Contribution Water If no connection to Council Supply = 0

If connection: District 7, W1 = $2,591/EDC(1998) 2 x Dwell. @ 1.0EDC = 2.0EDC 1 x Caravan site @ 0.4EDC = 0.4EDC ~50m2 Office @ 1.0EDC/70m2 = 0.7EDC 50 x Camp site @ 0.4EDC = 20 EDC

23.1 EDC @ $2,740.63/EDC

Nil $63,308.55

Sewerage

District 22, S1 = $2,798/EDC(1998) 2 x Dwell. @ 1.0EDC = 2.0EDC 1 x Caravan site @ 0.4EDC = 0.4EDC ~50m2 Office @ 1.0EDC/70m2 = 0.7EDC 50 x Camp Site (to be determined) less 50 x Camp Site (as above) Office 4mx4m Previous approval required payment of 0.2EDC per camp site, lodgement of equivalent security and determination of applicable rate following two years of operation and measurement of flow.

3.1 EDC @ $2,095.40/EDC

$6,495.74

Road/Traffic

Kamerunga TMP = no contribution required

Nil

Drainage

Freshwater Ck DMP no contribution unless subdivision

Nil

Park No subdivision of land Nil

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Concern is raised with the proximity of the ‘safari tents’ east of the access track (Easement A) and the adjacent Freshwater Creek. This is consistent with the Court’s Consent Order. There is no certainty of when the creek bank may erode and to what extent erosion may occur. It is not recommended that Council support the location of any camp sites or ‘safari tents’ east of Easement A. Given Council’s commitment to re-vegetating and protecting Cairn’s waterways, it is appropriate that Council seek the dedication to the Crown of the land between Easement A and the property boundary to Freshwater Creek. Jenny Elphinstone Acting Manager, Development Assessment

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APPENDIX 4

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ORDINARY MEETING

29 MARCH 2001

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CCC & BERNSTROM ATS BROWNING & SARGENT – P & E APPLICATION NO. 7 OF 1998 Peter Tabulo : 8/8/163-02: 277514

RECOMMENDATION:

That the report be noted.

INTRODUCTION: This is a matter undertaken by Messrs Browning and Sargent seeking contempt of Court proceedings against Ms Bernstrom and costs proceedings against Ms Bernstrom and/or Council. The matter was heard on Friday 2 March 2001, in summary the outcome of these proceedings were : 1. His Honour found Ms Bernstrom in contempt of his Orders 1, 2 and 3 of 7 April 2000. He also found that she has not demonstrated any basis upon which punishment should not be imposed on her for breach of those Orders. 2. Ms Bernstrom was fined $3,000 for the contempt. If such sum is not paid within 30 days of Friday 2 March 2001, Ms Bernstrom must appear before the Court at 9.30 am on Tuesday 17 April 2001 to show cause why an imprisonment sentence of 3 months should not be imposed upon her. The Applicants and Council were also directed to keep in touch with the Registry of the court to ascertain whether Ms Bernstrom had paid the fine. If she had not, then all parties are expected to appear before His Honour on 17 April 2001. 3. The Applicants’ claim for costs against Council and/or Bernstrom failed.

BACKGROUND: The hearing held on Friday 2 March 2001 was quite lengthy and His Honour went to great lengths to provide reasons for his Judgement. In so far as is relevant to the issue of a costs claim against Council, His Honour made the following comments :-

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1. The power of a Court to order that one party pay the costs of another party is a statutory one. 2. The legislature, has in the case of the Planning & Environment jurisdiction, sought to depart from the general jurisdiction where the discretion to order costs in favour of a successful party against an unsuccessful party is conferred. 3. It would defy the truth to say that Council has no taken an active part in the proceedings as a whole. It has taken an active part in the proceedings at different times and whether the position taken by Council at different times is justified is a matter about which minds may differ. The only question of Council’s behaviour which draws question upon its active part in the proceedings is its failure to have instituted the contempt proceedings itself. In this respect His Honour expressed a great deal of sympathy for the Applicants, not only in the particular contempt proceeding, but in the whole of the proceedings. The Applicants were in His Honour’s view, faced with clearly unlawful conduct regarding the use of the subject land by Ms Bernstrom. At the Applicants’ own expense and without real hope of recovering costs, the Applicants instituted the original declaration in Nov. 1998 and injunction proceedings only to find that in a significant part of that claim they were opposed and not supported by Council. His Honour noted that at the second hearing (March 2000) Council did not oppose the Applicants but entered into evidence before the Court a great deal of affidavit material that assisted the court in making the 7 April 2000 Orders. Once the more specific orders regarding the use of the land were made, Ms Bernstrom ignored the further orders and stated an intention on the Court record to continue to do so. Whilst Council continued to attempt to encourage Ms Bernstrom to comply with Orders, it was left again to the Applicants to have the matter brought back to the Court so that Ms Bernstrom could face the Court to explain her behaviour. In the latter part of 2000 Council accepted that Mr Bernstrom was in contempt of Court and that Council had some responsibility to bring the matter under those circumstances before the Court. In those circumstances His Honour expressed considerable sympathy for the substantial costs incurred by the Applicants to have his neighbour comply with orders of the Court and to uphold the integrity of the town planning scheme. His Honour went on to indicate that he could readily see the injustice of the Applicants being required to bear their own costs in bringing the current proceedings however with some reluctance His Honour came to the conclusion that Council’s absence of complete conduct cannot be properly characterised as failing to take an active part in the proceedings. In respect of the Applicants’ claim that costs could be awarded against Council under section 4.1.23(2)(i) His Honour found that he was not satisfied that Council had a responsibility to bring contempt proceedings against Ms Bernstrom. In his view the term “responsibility in proceedings” are those responsibilities arising out of the Integrated Planning Act 1997 and the Planning and Environment Court Rules requiring Council to obey the Court Orders made in a proceeding.

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His Honour again expressed his reluctance in forming his view but felt that he was compelled to find that the discretion against Council did not arise. COMMENT Prior to this action being taken, the Applicant met with the Council representatives and the matter of contempt proceedings were discussed. Council had

proposed a course of action different to that sought by the Applicant but would have involved the matter going back to the Court seeking instructions and clarifications from His Honour. The applicant took a different approach and went and sought the contempt proceedings.

This case has now clarified what the position of the Court is in relation to its expectations to enforce its proceeding, as well as determining the issue of costs . OPTIONS Council may wish to consider the options Providing to Messrs Browning and Sargent some form of payment for costs expended in undertaking the contempt action. Such a payment always raises concerns of precedent, however in this case the applicants have been successful in achieving contempt of Court proceedings against the Respondent. Council has been represented at all of the proceedings and has incurred legal fees as a result of the matter. Request from the Applicant an estimate of costs for the contempt action, and a further report come back to Council. As the latest action was taken without Council’s concurrence Council make no offer to pay. Peter Tabulo General Manager – City Development

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6

RECONFIGURING A LOT – 2 LOT RECONFIGURATION – LOT 23 WILKINSON STREET, KEWARRA BEACH Neil Blamey:CLP : 8/13/379-01 : 273884 PROPOSAL: 2 LOT RECONFIGURATION APPLICANT: SLS SURVEY AND MAPPING PO BOX 521 CAIRNS QLD 4870 LOCATION: LOT 23 WILKINSON STREET, KEWARRA

BEACH PROPERTY: LOT 23 ON RP746006, PARISH OF

SMITHFIELD ZONE: LOW DENSITY RESIDENTIAL STRATEGIC PLAN: LOW DENSITY RESIDENTIAL DCP: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 17 APRIL 2001 DIVISION: 12 APPENDIX: 1. PROPOSAL PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council approve the application to reconfigure land described as Lot 23 on RP746006, Parish of Smithfield, County of Nares, situated at Lot 23 Wilkinson Street, Kewarra Beach into two (2) lots, subject to the following conditions:-

1. The proposed Plan of Reconfiguration No. 1320-PSP1 and undated is approved subject to any alterations:-

a. found necessary by the Chief Executive Officer at the time of examination of engineering plans or during construction of the estate because of particular engineering requirements; and

b. to ensure that the reconfiguration complies in all respects with the requirements of Council’s Development Manual and good engineering practice.

2. The applicant/owner is to contribute in accordance with Council’s Policy provided or as per Section 6.2 of the Local Government (Planning and Environment) Act towards the provision of water supply headworks. The contributions to be paid are the rates applicable at the time of payment. On the present method of calculation, the estimated headworks contributions shall be $2,496 for water. The contributions shall be paid prior to Council approval and dating of the Plan of Survey.

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3. The applicant/owner is to be responsible for the provision of water supply works external to the development to connect to Council’s existing headworks at a point where sufficient capacity exists to service the subject land, all to the requirements and satisfaction of the Chief Executive Officer.

4. The applicant/owner must contribute towards Council’s Traffic Management/Road Upgrading Program in accordance with Part H of the Planning Scheme for the Balance of the City of Cairns and the Marlin Coast Traffic Management Plan.

The contribution rate is that which is current at the time of payment. The current rate of contribution is $1,590.98 per equivalent residential lot, which is $1,590.98 for this development. Payment is required prior to the approval and dating of the Plan of Survey.

5. The developer shall make all necessary arrangements with the various supplying authorities in relation to the provision of power and telephone services to each allotment. Proof of arrangements will be required to be submitted before the approval and dating of the Plan of Survey by Council.

6. Onsite sewerage facilities are to comply with the provisions of the Sewerage Act.

The applicant/owner must demonstrate how the development can satisfy the Interim Code of Practice for On-site Sewerage Disposal. On-site sewerage disposal ‘envelopes’ must be provided on a plan of the development, showing how each allotment can physically provide the necessary area(s) and comply with the required setbacks, etc for the on-site disposal of sewerage.

The plan must be accompanied by a report for each site in a format to the satisfaction of the Chief Executive Officer, specifying those methods of on-site sewerage disposal applicable for those allotments and providing a recommended method and location of facilities. The plan and report must be received and endorsed by the Chief Executive Officer prior to approval and dating the Plan of Survey.

B. That Council place the following notation on the future Rates Record in respect of Lot 1 and Lot 2:-

The applicant/owner of this property must construct a low density residential access between the existing edge of bitumen and the site frontage in accordance with Council’s Drawing No. 1105. The work must be completed prior to the issue of a Development Permit for Carrying Out Building Work.

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ADVICE

1. This approval, granted under the provisions of the Integrated Planning Act, shall cease and determine two (2) years from the date of this decision if these conditions and the Council’s Local Laws and regulations have not been fully complied with and a survey plan submitted for Council endorsement.

2. Current requirements and estimates of development and headworks contributions may change when elements of the Cairns City Council Infrastructure Charges Plan (ICP) are adopted.

EXECUTIVE SUMMARY Council is in receipt of an application for Reconfiguring a Lot (2 lot subdivision), located at Lot 23 Wilkinson Street, Kewarra Beach and described as Lot 23 on RP746006, Parish of Smithfield. The land is 8006m² in area and is zoned Low Density Residential. The proposed reconfiguration complies with the relevant subdivision requirements of the Planning Scheme. The proposed reconfiguration of two allotments is considered acceptable in this location, and hence the application is recommended for approval, subject to reasonable and relevant conditions. Proposal Application has been made to reconfigure one allotment, situated at Lot 23 Wilkinson Street, Kewarra Beach and described as Lot 23 on RP746006 Parish of Smithfield, into 2 lots. The subject site contains an area of 8006m² and is presently unimproved. Both proposed Lots 1 and 2 will contain areas of 4003m². The proposed access to Lot 1 and Lot 2 is from Wilkinson Street and Hicks Close. Appendix 1 depicts the arrangement of the reconfiguration. TOWN PLANNING CONSIDERATIONS Zone The proposed reconfiguration is included within the Low Density Residential zone. Within this zone, 4000m² allotments are permitted and the proposal complies with the allotment size requirements of Council’s Planning Scheme for the Balance of the City of Cairns. The proposal is in accordance with the Planning Scheme and all necessary infrastructure can be provided to service the development.

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Strategic Plan The proposed reconfiguration is consistent with the Low Density Residential preferred dominant land use requirements of the Strategic Plan for the Balance of the City of Cairns. HEADWORKS CONTRIBUTIONS Calculation Comment Contribution Water District 7 : W2 : 2.6/EDC

(1998) Det. house on lots >1500m² @ 1.3EDC x 2 Being net increase being

2.6 EDC @ $960/EDC (no RICI adjust)

$2496.00

Sewerage

On-site disposal N/A

Road/Traffic

Marlin Coast : Trinity/Kewerra

$1590.98 per lot $1590.98

Drainage

N/A

Park Park Reserve previously provided

N/A N/A

SUMMARY In summary, subject to satisfactory disposal of on-site sewerage it is considered that the site is suitable for the proposed reconfiguration and that it can comply with all applicable performance standards. The application is therefore recommended for approval. Neil Blamey Planning Officer Action Officer


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APPENDIX 1

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7

RELAXATION OF A PLANNING SCHEME REQUIREMENT – 43-45 SHERIDAN STREET AND 68-72 SHIELDS STREET, CAIRNS Ian Behrendorff: 8/20/1-56 : 277539 PROPOSAL: DEMOLITION OF EXISTING RETAIL FLOOR

SPACE AND REPLACEMENT WITH A NEW BUILDING OF SLIGHTLY MORE NET LETTABLE FLOOR SPACE

APPLICANT: JB DESIGN PO BOX 1744 CAIRNS QLD 4870 LOCATION: 43-45 SHERIDAN STREET AND 68-72

SHIELDS STREET, CAIRNS PROPERTY: LOTS 1 AND 2 ON RP701364 ZONE: CENTRAL BUSINESS STRATEGIC PLAN: CENTRAL BUSINESS DISTRICT DCP: DCP 1 – RESIDENTIAL DENSITIES – RES E –

800P/HA DCP 2 – HEIGHT & IMPACT OF BUILDINGS –

PRECINCT 2 DIVISION: 6 APPENDIX: 1. PROPOSED SITE PLAN 2. EXISTING SITE PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council use its discretion under section 4.3.3(l)(x) to relax its requirement for one extra car space for the proposed redevelopment of an existing shop at 43-45 Sheridan Street provided the new building proposed has a façade and awning over the footpath to match the existing Identified Historical Building on the same site.

REPORT: On the north western corner of Sheridan and Shields Street is an old building identified on the Historical Buildings List as the Fred Jones building. It is at present occupied by Harris Brothers. On the same site on the Sheridan Street frontage is an old building in poor condition occupied by Fernandez Music shop. It is this small shop that is now proposed to be redeveloped with a façade to match the existing Fred Jones building. Also included in the upgrade of the site is the demolition of a large toilet and ablution building in a bad state of repair. These toilets and showers serve all three tenancies existing on the site. The redevelopment proposal will see each tenancy provided with its own toilets and the old music shop building replaced with a new building. When the area occupied by the new toilet facilities are taken from the net lettable area of the existing shops and the extra floor space added to the new building, the net lettable area is increased by 8.8m2.

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When existing retail floor space is replaced in the Central Business District by a new shop building it is normal practice to only require off-street car parking for any increase in the net lettable area. As the car parking requirement for shops in the Central Business District is 1 car space for each 30m2 (rounded up), one extra car space would be required for the proposed redevelopment. The applicant’s have indicated that they intend providing a façade and awning over the footpath, similar to that at present on the Fred Jones building. This will enhance the streetscape in this area, and provide continuity of weather protection for pedestrians using the footpath in Sheridan Street. One of the grounds for reducing the car parking required for a building is to achieve the retention and or the refurbishment of an Identified Historical Building. The Fred Jones building is an Identified Historical building. As the shortfall in parking is less than 0.3 of a car space, and the work is to be carried out in a manner sympathetic to an Identified Historical Building the requested minor car parking relaxation can be supported. Ian Behrendorff Technical OfficerAction Officer


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APPENDIX 1

93

APPENDIX 2

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8

INFORMATION REQUEST - THE DEPARTMENT OF TOURISM AND RACING - INCREASE OF LICENCED AREA FOR GAMING MACHINES - 87- 91 LAKE STREET, CAIRNS Clayton Oostergo: Cgo 18/46/1-78 : 277191 PROPOSAL: APPLICATION TO INCREASE THE LICENCED

AREA FOR THE USE OF GAMING MACHINES AT P.J. O’BRIENS

APPLICANT: THROUGH THE LIQUOR LICENSING

DIVISION, MR MICHAEL JOHN HASLER LOCATION: 87-91 LAKE STREET PROPERTY: LOT 2 RP 104946 ZONE: CENTRAL BUSINESS STRATEGIC PLAN: CENTRAL BUSNESS DISTRICT DCP: DEVELOPMENT CONTROL PLAN 1 – E 800

PERSONS PER HECTARE DEVELOPMENT CONTROL PLAN 2

PRECINCT 1 STATUTORY ASSESSMENT DEADLINE: 26 MARCH 2001 (EXTENTION GRANTED TO 2 APRIL 2001) DIVISION: 6 APPENDIX: 1. LOCALITY PLAN 2. LIQUOR LICENSING REQUEST

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LOCALITY PLAN

RECOMMENDATION:

That Council advise the Department of Tourism and Racing, Liquor Licensing Division, that Council supports the proposed increase in licenced area for P.J. O’Briens at 87-91 Lake Street, Cairns subject to the following conditions : -

1. The Department of Tourism and Racing ensure that the current Licence continues to operate in accordance with responsible hospitality practices and complies with the requirements of the Liquor Act.

2. The premises are to maintain full compliance under the Food Hygiene Regulations, 1989.

Subject Site

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EXECUTIVE SUMMARY: The Department of Tourism and Racing, Liquor Licensing Division have written to Council requesting comment on a proposed increase in licenced area to allow P.J. O’Briens to incorporate a Gaming Lounge at 87-91 lake street. TOWN PLANNING CONSIDERATIONS: Proposal P.J. O’Briens through the Liquor Licensing Division, wish to extend their existing licenced area by taking up additional shop space and utilizing that space for a Gaming Lounge. This will also allow assess to the premises from Lake Street (current access is from Shield Street only) The Premises located at 87-91 Lake Street is included in the Central Business Zone of the Planning Scheme for the Part of the City of Cairns. A Hotel or the increase of area for the use of Hotel in this Zone requires a material change of use application to be made and approved by Council. Council has received and approved this application on 1 march 2001. The Community Safety Officer and the Manager, Environmental Assessment were invited to comment on the proposed Increase in Licenced area. Comments received back from both Departments were favourable. Clayton Oostergo Planning AssistantAction Officer


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Appendix 2

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9

INFORMATION REQUEST - THE DEPARTMENT OF TOURISM AND RACING - DETACHED BOTTLE SHOP - 12-20 TOOGOOD ROAD, WOREE Clayton Oostergo : cgo 18/46/1-78 : 277082 PROPOSAL: DETACHED BOTTLESHOP FOR THE

GRAFTON HOTEL EDMONTON APPLICANT: THROUGH THE LIQUOR LICENSING

DIVISION MR PAUL DICKS LOCATION: 12-20 TOOGOOD ROAD, WOREE (WOREE PLAZA) PROPERTY: PART OF LOT 2 ON SP 119534 ZONE: COMMERCIAL STRATEGIC PLAN: URBAN DCP: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 7 MARCH 2001 (EXTENTION GRANTED TO

2 APRIL 2001 DIVISION: 5 APPENDIX: 1. LIQUOR LICENSING REQUEST

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LOCALITY PLAN

RECOMMENDATION

That Council advise the Department of Tourism and Racing, Liquor Licensing Division, that Council is prepared to support the proposed Detached Bottleshop for the Grafton Hotel Edmonton, subject to the following conditions: -

1. The premises are to maintain full compliance with the Food Hygiene regulations, 1989, and

2. The Department of Tourism and Racing ensure that the Detached Bottleshop is operated in accordance with responsible hospitality practices and complies with the requirements of the Liquor Act.

EXECUTIVE SUMMARY The Department of Tourism and Racing, Liquor Licensing Division have written to Council requesting comment on a Proposed Detached Bottleshop for the Grafton Hotel Edmonton to be located at 12-20 Toogood Road, Woree (Woree Plaza). The Proposed Bottleshop would allow the premises to sell and supply liquor for consumption off the premises. Trading times would be from 10:00 am to 12:00 pm Monday to Sunday.

Subject Site

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TOWN PLANNING CONSIDERATIONS Proposal The Premises located at 12-20 Toogood Road, Woree is included in the Commercial Zone of the Planning Scheme for the Balance of the City of Cairns. A Bottleshop in this zone is an as of right use (self assessable development). There are no provisions in the Town Planning Scheme limiting the hours of operation of the proposed bottleshop. The Community Safety Officer and the Manager, Environmental Assessment were invited to comment on the proposed Detached Bottleshop. Comments received back from both Departments were favourable, subject to the following conditions: -

1. The premises are to maintain full compliance under the food hygiene regulations, 1989.

2. The Department of Tourism and Racing ensure that the Detached Bottleshop is operated in accordance with responsible hospitality practices and complies with the requirements of the Liquor Act. Clayton Oostergo Planning AssistantAction Officer


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Appendix 1

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INSTALLATION OF ILLUMINATED STREET NAME SIGN Mark Dillon : 15/21/2-01 : 270551 PROPOSAL: INSTALLATION OF AN ILLUMINATED

STREET NAME SIGN – IN EARLY WARNING CONFIGURATION

APPLICANT: MR DOUG MUIR CLAUDE NEON PO BOX 664 ALDERLEY QLD 4051 LOCATION: CORNER OF LYONS STREET AND

MULGRAVE ROAD, CAIRNS DIVISION: 5 APPENDIX: 1. SITE LAYOUT PLAN 2. PHOTOGRAPH 3. ELEVATION PLANS 4. GRAPHICS

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LOCALITY PLAN

RECOMMENDATION:

A. That Council approve of the Installation of an Identilite in the early warning configuration on the site detailed in the application.

B. That no community message is required.

PROPOSAL: Claude Neon Pty Ltd have applied for Council’s approval of the installation of an Identilite in the early warning configuration near the north west corner of the intersection of Lyons Street and Mulgrave Road. It is anticipated that with the future connection of Lyons Street to the Southern Access Road, Lyons Street will become a major thoroughfare. Mulgrave Road is a state controlled road. Claude Neon representatives have advised that the Main Roads Department support the installation of an early warning sign at the proposed location and have indicated where they want the device sited. Councillors should note that the device is to be placed in a traffic island on the road side. Most Identilites are placed on the footpath.

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Early warning Identilites are designed to advise motorists of the proximity of major intersections. It has been past practice to keep the graphics on early warning Identilites as simple as possible and Council does not usually require a community message on these devices. Mark Dillon Development Control OfficerAction Officer

Terry Davidson Manager – Environmental Assessment

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APPENDIX 1

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APPENDIX 2

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APPENDIX 3

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APPENDIX 4

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APPROVAL OF A TEMPORARY DEVELOPMENT TO CONTINUE THE USE OF ONE EXISTING ACCOMMODATION UNIT IN THE STATE GOVERNMENT HOUSING DEVELOPMENT IN MANOORA FOR LIFE SKILL TRAINING FOR ADOLESCENT BOYS – UNIT 3/24 MARCHANT STREET, MANOORA Ian Behrendorff: 8/20/1-56 : 277685 PROPOSAL: TO CONTINUE THE USE OF ONE EXISTING

ACCOMMODATION UNIT IN THE STATE GOVERNMENT HOUSING DEVELOPMENT IN MANOORA FOR LIFE SKILL TRAINING FOR ADOLESCENT BOYS

APPLICANT: QLD DEPARTMENT OF HOUSING

PO BOX 471 CAIRNS QLD 4870

LOCATION: UNIT 3/24 MARCHANT STREET, MANOORA PROPERTY: LOT 217 ON RP741076 ZONE: RESIDENTIAL STRATEGIC PLAN: MEDIUM DENSITY RESIDENTIAL (400P/HA) DCP: DCP1 – RESIDENTIAL DENSITIES – RES B – 100P/HA DCP 2 – HEIGHT & IMPACT OF BUILDINGS – PRECINCT 6 DIVISION: 7

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LOCALITY PLAN

RECOMMENDATION:

A. That Council grant an extension of the Temporary Approval previously issued under Section 4.10.6 of the Planning Scheme for Part of the City of Cairns to use Unit 3/24 Marchant Street, Manoora for conducting life skill training courses, until 31 March 2002.

B. That the Department of Housing be advised that should the use be extended beyond 31 March 2002 then it could no longer be considered a “Temporary” use and an approval for a Material Change of Use should be obtained.

EXECUTIVE SUMMARY: The Qld Department of Housing applied for, and was granted, a Temporary Approval to enable one of their residential units at 24 Marchant Street to be used as a training facility for the Education Department to conduct life skill courses for adolescent boys. The classes are only conducted between the hours of 8am and 5pm. The number of students in a class is approximately 6 and because of their age would walk or ride their bikes to the site. The only vehicular traffic generated will be the vehicle of the instructor. The Department of Housing now advise that the courses conducted last year were a great success, and they wish to continue the program for a further 12 months. The course is called “Boyz to Men”.

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The conducting of the course over the last 12 months has caused no problems that have been reported to Council and this initiative deserves the support of the Council. An extension of the previously issued Temporary Approval until the end of March 2002 is recommended. Ian Behrendorff Technical OfficerAction Officer


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ORDINARY MEETING

29 MARCH 2001

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FALSE CAPE – UPDATED PLAN OF DEVELOPMENT Peter Tabulo : 8/16/49 : 277649

RECOMMENDATION:

That Council adopt the Plan of Development 1063 as the approved plan for the False Cape Development that supports the Consent Order dated 4 December 1987 in lieu of Clause 5 of Council’s resolution of 1 February 2001.

INTRODUCTION: Council will recall that a the meeting on 1 February 2001 is recommended as follows : 1. That the proposal to develop False Cape by means of Community Management Scheme (Group Title) as attached is generally in accordance with the Plan of Development and is considered to be of a “minor nature” pursuant to Section 6.1.35(c) 1(a) of the IPA, to not warrant Referral Co-Ordination. 2. That the variation to the Plan of Development allowing for the change of alignment of the principle access road, into the site and generally to the south of the development precincts, is supported based on principle of separating through traffic from residential traffic. 3. The development of the residential areas by Community Title with lots extending to the high water mark is acceptable. 4. At the time of lodging plans for Reconfiguration of the site the applicant shall demonstrate :

(i) by way of covenant on the titles compliance with the condition that no building shall be erected above the RL 40m AHD;

(ii) the method of securing the balance area of the site above RL 40m ADH in a tenure such as a covenant that protects the hillside areas of the site as parkland. 5. That a Modified Consent Order reflecting the above changes be entered into and

endorsed by the Court.

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6. That the applicant be advised that as Council does not wish to take

responsibility for the ongoing maintenance of the internal road systems, all such roads shall be included within the common property and this will need to be reflected in the subsequent applications for reconfiguring, when they are lodged with Council.

The applicant has come back to Council in respect of Clause 5, and has proposed an alternative cause of action rather than seeking a modification to the Consent Order. It was confirmed during this meeting that Council was unable to proceed in accordance with Clause 5 of its resolution of 1 February 2001, due to certain procedural conflicts with the provisions of the Integrated Planning Act. We confirmed that our client was not willing to undertake any action s which would be required to satisfy IPA’s procedural requirement, such as submission of a formal application to amend a rezoning approval and completion of public notification procedures. We reiterated our earlier submission that it was our opinion that no formal amendments to the existing approval were required, on the basis that there were specific provisions within the existing approval documents which enabled Council to accept a range of amendments and/or modifications without the need to alter the approval or the conditions under which it was granted. To this end the applicant has proposed to provide an amended plan of development that reflects the nature of development proposed. The original plan was conceptual only, whereas the proposed plan shows the nature of the development in more detail. The new plan provides greater clarity and certainty about the nature of the development and therefore is acceptable. Also items 1-4 and 6 of Council’s decision on 1 February provided direction for future applications and therefore did not upon review require including in the Consent Order.

CONCLUSION: It is considered that by updating the Plan of Development there is no need to seek a modified Consent Order.

ATTACHMENTS: 1. Original Plan of Development 2. New Plan of Development Peter Tabulo General Manager – City Development

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ATTACHMENT 1

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ATTACHMENT 2

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ORDINARY MEETING

29 MARCH 2001

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CCC ATS FARROW MORTGAGE SERVICES PTY LTD – P & E APPEAL NO. 15 OF 2000 Peter Tabulo : 8/8/25-05: 276749

RECOMMENDATION:

1. Approval is granted for a Preliminary Approval (under section 3.1.6 of the Integrated Planning Act 1997) for a Material Change of Use of land, described as Lot 5 on RP854446, Parish of Smithfield, County of Nares and situated at the corner of Kennedy Highway and Cook Highway, Smithfield, for the purposes of a residential estate development (comprising of both residential and commercial components).

2. At all times the development of the land and any use provided for under this approval must proceed and be conducted :-

a. generally in accordance with Plan of Development No. 5010 attached to this Approval (as Schedule A); and

b. in accordance with the Table of Development No. 5010 attached as Schedule B to this approval;

c. in accordance with the following :

i. the facts and circumstances set out in the Planning Study (C & B Consultants) dated June 1998 (Schedule C) accompanying the application;

ii. the Impact Assessment Statement (C & B Consultants) dated 24 September 1998 (Schedule C);

iii. the report prepared by Willing and Partners “Assessment of Proposed Smithfield Lake” dated July 1999 (Schedule D) and the further information provided by Willing and Partners to Council dated 3 December 1999 (for the proposed recreational lake);

iv. the report prepared by Lawson and Treloar dated May 2000 – “Report on Impacts Barron River Flooding – Proposed Development on Grasso’s Property, Cairns” (Schedule E);

v. the provisions of the Planning Scheme for the Balance of the City of Cairns in so far as those provisions do not conflict with this approval;

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vi. the provisions of Council’s Development Manual in so far as those provisions do not conflict with this approval,

except where the requirements or conclusions are modified by conditions of this approval or any other approval issued thereunder;

vii. the conditions of this approval;

viii. any approval issued under this approval;

ix. any subsequent approval identified in condition 3 of this approval;

x. any reports (once approved by Council) required under condition 4 of this approval.

3. Prior to the commencement of any works associated with any identified stage of the overall development the Applicant must obtain :-

a. a development permit for the stage of reconfiguration relating to the works to be performed;

b. a development permit for operational works.

4. At the time of lodgement of an application for development permit for reconfiguration of Stage 1 of the development, the applicant must :-

a. provide written confirmation from the Cairns Port authority (CPA) that the proposed recreational lake does not represent a hazard to aircraft movement by way of increased potential for bird strike;

b. provide an engineering report on the proposed diversion of Avondale Creek, outlining the necessary engineering works associated with the diversion and the effect of such works on the proposed development.

c. provide a layout plan for the overall reconfiguration of the land identifying points of emergency access to the proposed development;

d. provide a Visual Assessment Report. The report must assess the potential visual impact of proposed Lots 179-308 when viewed from the Skyrail Cableway. The report must amongst other things, assess the implications of lot size, proposed earthworks and vegetation buffering upon the visual impact of the identified lots;

e. submit a landscaping plan for the overall development identifying the landscaping treatment to be provided to the development. In particular, the plan must include :-

i. a vegetation survey of that part of the site comprising proposed lots 298-307 and all other parts of the land falling within Category C of the Hillslopes DCP;

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ii. show landscape screening for the entire length of the land’s frontage to the Captain Cook Highway and to its frontage to the Kennedy Highway;

iii. show a 10 metre landscaped buffer between the boundaries of all proposed allotments backing onto drainage courses and the top of the drainage course;

iv. identify all Category B and C hillslope areas to be dedicated as hillside open space;

f. submit a Drainage Management Plan for the land demonstrating :-

i. that all waters flowing on to the land can be controlled within the development and will not cause nuisance to downstream properties or erosion within the creek/drainage reserve;

ii. that all stormwater within the development can be taken to the lawful point of discharge namely – the upstream side of Captain Cook Highway over Avondale Creek;

iii. that the necessary stormwater detentions on to the site can be provided to ensure that no additional peak flows for all flow regimes up to and including Q100, occur downstream of the site as a result of the development at any time during and after the development;

5. a. The applicant must contribute toward the provision of water supply and sewerage headworks required to service the approved development. These contributions shall be assessed and paid in accordance with 5(b) of this approval.

b. Water supply and sewerage headworks contributions for residential and commercial elements of the approved development shall be paid to Council at the time of lodgement with Council of any survey plan/s for Council endorsement. The contributions shall be calculated on the basis of the number of additional lots to be created by the particular survey plan/s, at the rate specified under Council policy or code in force at the time of payment.

6. The applicant must provide, at its own cost, water supply works and sewerage works external to the development to connect to Council’s headworks at a point where sufficient capacity exists to service the subject land. At the time of lodgement of the application for development permit for Stage 1 of the development, the applicant must submit to Council for its approval, a detailed plan showing the proposed water supply and sewerage works external.

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7. a. At the time of lodgement of an application for development permit for the stage of the reconfiguration which includes the lake, the applicant must:

i. provide a detailed design plan of the proposed lake, for Council’s approval. The detailed plan must be accompanied by a report which confirms that the final lake design will achieve the design and environmental standards set out in the report prepared by Willing and Partners and supplemented by the further information to Council dated 3 December 1999. The report must also include the following :

* inflow and outflow characteristics of the lake during a dry, wet and average year;

* flood retention characteristics to confirm that all flows up to Q100 year storm event for the site during construction and fully developed phases are no more than the pre-construction phase;

* water quality characteristics of the inflow and outflow from the lake during a dry, wet and average year;

* design of the lake shell;

* list of the lake fauna including their purpose;

* design of the lake surrounds;

ii. provide a report on the methods of maintenance and environmental management of the proposed lake, including a maintenance schedule for the lake;

b. The proposed lake will remain “on maintenance” for a minimum of three (3) years and will not come “off maintenance” until a minimum of one year after the survey plans for the last stage of the proposed reconfiguration has been registered. Council will not place the lake off maintenance until all works are completed, flora and fauna established and Council is satisfied that the water quality standards are being met.

c. The applicant shall be responsible for the maintenance and management of the lake until such time as the lake is accepted “off maintenance” by Council. Beyond this time, the applicant shall be responsible for any increased costs of ongoing maintenance of the lake as compared to those ongoing maintenance costs which would be associated with an equivalent area of grassed open space. An assessment of these costs and a method of financial reimbursement to council for these costs shall be submitted with the application for development permit for the stage of the reconfiguration which includes the lake.

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8. The Applicant is required to dedicate all land within the subject land that is categorised as Hillslopes land under the Planning Scheme for the Balance of the City of Cairns. The Applicant is required to submit a metes and bounds description of the Hillslopes land to be dedicated at the time of lodgement of an application for development permit for reconfiguration of Stage 1. [The time mechanism for the transfer of the Hillslopes land may be left for conditions on the Stage 1 approval.]

9. a. The Applicant must provide an internal water supply reticulation and sewerage reticulation system to service the development.

b. The Applicant must submit plans of the proposed reticulation systems required at the time of lodgement of an application for a development permit for reconfiguration of Stage 1.

c. The plan submitted must show the proposed sewer system, extending to provide a single domestic sewer connection to the boundary of Lot 154 on NR 6988, the location of which shall be at the applicant’s discretion.

10. Department of Main Roads

Permitted Point of Access and Access Works

a. Access between the Kennedy Highway and Lot 5 on RP854446 shall be:

• via single access point not exceeding 30 metres in width and located on the northern boundary of Lot 5 on RP854446 opposite Cumberland Avenue; and

• generally in accordance with Drawing No.5010-26G dated 13 May 1998 and prepared by C&B Consultants Pty Ltd,

to the satisfaction of the Director General of the Department of Main Roads.

The landowner shall construct a signalled, channelised, four way intersection at the intersection of the above access point, the Kennedy Highway and Cumberland Avenue.

The required intersection works shall be compatible with the Department of Main Roads proposed upgrading works for the Kennedy Highway to the satisfaction of the Director General, Department of Main Roads.

b. The design and construction of the intersection works shall be in accordance with:

current Department of Main Roads standards; and

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AUSTROADS Guidelines, in particular AUSTROADS Guide to Traffic Engineering Practice Part 5: Intersections at Grade,

and shall include at least the following:

i. Provision of minimum 3.5 metre wide through and turning traffic lanes, and inclusion of a double right turn lane from the development towards the east;

ii. Provision of a 2.0 metre wide sealed shoulder, for cyclists, on both sides of the Kennedy Highway;

iii. Provision of asphalt surfacing 35mm in depth over the entire area of the intersection including turning lanes;

iv. Provision of street lighting in accordance with the following:

Category V3 in accordance with AS 1158.1 and 2.

Designed in accordance with the Queensland Transport design document, Manual of Street Lighting – 1994 Design Package.

Preferred luminaire shall be a 250 W HPS Aeroscreen (GEC).

Where the appropriate clear zone distance cannot be achieved (eg. 4.5m in a 60 km/h zone), "Slip Base" poles shall be provided;

v. Provision of a minimum 2.0 metre width bikepaths which link the subject development to:

• the Smithfield shopping centre; and

• the existing bus shelter located adjacent to the Kennedy Highway westbound traffic lanes.

vi. Relocation of affected Department of Main Roads infrastructure (eg. Smithfield Maintenance Depot) and community infrastructure (eg. public utility services).

vii. Provision for a signalised pedestrian crossing of the Kennedy Highway.

viii. Provision of raised concrete traffic islands and traffic lanes which separate all left turn manoeuvres from adjacent through and right turn manoeuvres.

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c. Detailed plans of the required works shall be submitted to the Cairns Office of the Department of Main Roads for approval. No works shall commence within the State-controlled road reserve (eg. Kennedy Highway) unless Department of Main Roads approval is obtained.

d. The above intersection works shall be designed, constructed and completed to the satisfaction of the Director-General, Department of Main Roads prior to the landowner requesting Council to:

Seal any plan of subdivision for the subject land; or

Approve any permit to carry out building works the subject land, whichever occurs first.

e. Staging of the above works may be permitted subject to the landowner demonstrating to the satisfaction of the Director-General of the Department of Main Roads that the proposed staging works provide acceptable levels of transport safety and efficiency for the relevant stage/s of the development for an acceptable period of time. However the final signalised intersection works defined above shall be completed prior to the landowner requesting Council to:

i. seal any plan of subdivision which results in the total accumulative number of lots created on the subject land being greater than 100 lots; or

ii.) approve any permit to carry out building works on the subject land for non-residential uses (eg. commercial),

whichever occurs first.

With regard to part (ii) above, the Council can approve the building works prior to completion of the final signalised intersection works provided the landowner lodged bank guarantees of equivalent value with the Director-General, Department of Main Roads.

f. No direct access to the Captain Cook Highway nor any additional direct access to Kennedy Highway is permitted.

11. Transport Related Noise and Visual Treatments

Road traffic related noise and visual amenity issues shall be addressed in accordance with the following:

a. Creation of a Buffer Strip

The landowner shall create an easement along the entire existing (or future, where applicable) Captain Cook Highway frontages of the subject land. This will be required to be provided at no cost to Council or the State of Queensland.

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The buffer easement shall:

be a minimum width of 10 metres, measured from the existing (or future, if applicable) Captain Cook and Kennedy Highway boundaries;

allow officers of Council and/or the Department of Main Roads (DMR) to construct and/or maintain noise attenuation treatments, landscaping, and public utilities within the easement;

prevent (unless approved by Council) landowner/s from altering, damaging or destroying any noise ameliorative treatments, landscaping, or public utilities located within the buffer easement; and

prohibit the construction of any structures within the buffer easement except where approved/required otherwise by Council or a delegate of the Director-General, Department of Main Roads.

The creation of the easement/s and any associated agreement/s shall occur prior to:

• or concurrent with the landowner requesting Council to seal any plan of subdivision for the Subject Land; or

• the landowner requesting Council to approve any building permit for building/s on the subject land,


Should Council wish to require the buffer easement (or any portion of it) to be provided via the creation and transfer of a lot/s in freehold title to Council ownership, this will be an acceptable alternative provided the landowner creates and transfers the freehold lot/s to Council ownership:

prior to concurrent with the landowner requesting Council to seal any plan of subdivision for the subject land; or

prior to Council approving any building permit for building/s on the subject land,


aa. Should the Reservation In Title within Lot 5 on RP854446 have been gazetted as road in the configuration described by Lots 6 and 7 on SP105735 then part (a) above shall cease to have effect and the following shall apply:

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Creation of a Buffer Strip

The landowner shall create an easement along the section of the subject land, adjacent to and south of Area B described on C&B Consulting Group Drawing No.5010-44 dated 16 March 1999, where Area B is less than 10 metres in width. This will be required to be provided at no cost to Council or the State of Queensland.

The buffer easement shall:

be four (4) metres wide and taper to zero (0) metres at the point where Area B attains 10 metres in width;

allow officers of Council and/or the Department of Main Roads (DMR) to construct and/or maintain noise attenuation treatments, landscaping, and public utilities within the easement;

prevent (unless approved by Council) landowner/s from altering, damaging or destroying any noise ameliorative treatments, landscaping, or public utilities located within the buffer easement; and

prohibit the construction of any structures within the buffer easement except where approved/required otherwise by Council or a delegate of the Director-General, Department of Main Roads.

The creation of the easement/s and any associated agreement/s shall occur prior to:

• or concurrent with the landowner requesting Council to seal any plan of subdivision for the Subject Land; or

• the landowner requesting Council to approve any building permit for building/s on the subject land,


b. Visual Amenity Works

i. The landowner shall provide landscaping in an along the entire length of the buffer strip such that the Captain Cook Highway and Kennedy Highway infrastructure and traffic flows are screened as much as practicable by suitably selected trees and shrubs, from any dwelling units or accommodation facilities that may be constructed on the subject land.

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ii. The species of plants used in the landscaping works shall:

be in accordance with Council's requirements; or

where Council does not have any requirements, be as selected by the landowner provided they are low maintenance species.

iii. Landscaping of each section of the buffer strip shall be completed prior to the landowner requesting Council to seal any plan of subdivision which creates a residential or commercial lot/s located within 50 metres of the relevant section of buffer easement/lot.

Landscaping of all sections of the buffer strip shall be completed prior to the landowner requesting Council to seal any plan of subdivision which results in the total accumulative number of lots created on the subject land being greater than 200 lots.

bb. Should the Reservation In Title within Lot 5 on RP854446 have been gazetted as road in the configuration described by Lots 6 and 7 on SP105735 then part (b) above shall cease to have effect and the following shall apply:

Visual Amenity Works

i. The landowner shall provide landscaping in and along the entire length of the buffer strip (comprising Area A and B on C&B Consulting Group Drawing 5010-43 dated 16 March 1999 and Drawing 5010-44 dated 16 March 1999 respectively, and the above referred to buffer easement) such that the Captain Cook Highway and Kennedy Highway infrastructure and traffic flows are screened as much as practicable by suitably selected trees and shrubs, from any dwelling units or accommodation facilities that may be constructed on the subject land.

ii. The species of plants used in the landscaping works shall:

be in accordance with Council's requirements; or

where Council does not have any requirements, be as selected by the landowner provided they are low maintenance species.

iii. Landscaping of each section of the buffer strip shall be completed prior to the landowner requesting Council to seal any plan of subdivision which creates a residential or commercial lot/s located within 50 metres of the relevant section of buffer strip.

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Landscaping of all sections of the buffer strip shall be completed prior to the landowner requesting Council to seal any plan of subdivision which results in the total accumulative number of lots created on the subject land being greater than 200 lots.

c. Road Traffic Noise Amelioration Works

i. Location of Works

Road Traffic Noise amelioration works shall be:

Constructed in the buffer strip; and/or

Incorporated into the building design of the development.

ii. Maximum Residential Noise Levels and Time Horizon

The following maximum road traffic noise levels are not to be exceeded within 10 years of the time of completion of the full development:

External noise levels will not exceed 63dB(A)18h.

Internal noise levels (ie. within buildings) shall not exceed the maximum noise levels specified in AS2107-1987.

iii. Noise Testing and Construction Requirements

The following parameters shall be used to determine the required noise amelioration works:

External noise levels will be those predicted to occur on the subject land in areas likely to be frequently occupied by people.

Internal noise levels will be determined in accordance with AS2107-1987.

Noise monitoring will be carried out in accordance with AS2702-1984.

Noise predictions will be carried out in accordance with Calculation or Road Traffic noise (CRTN88) United Kingdom Department of Transport.

Noise amelioration works within the buffer strip will conform with the requirements of Department of Main Roads Drawing PD.52 (dated March 1998).

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iv. Road Traffic Noise Report

The landowner shall prepare a road traffic noise report which demonstrates how the development is to be designed to conform with the above requirements. The report shall:

predict the road traffic noise levels;

identify the ameliorative works required within the buffer strip, the rest of the subject land, and the relevant buildings; and

contain all relevant information and calculations upon which the conclusions of the report are based.

The landowner shall submit the report to the Cairns office of the Department of Main Roads for checking purposes, and if necessary, the landowner shall amend the report until Department of Main Roads is satisfied that the report demonstrates that the development complies with the above requirements.

v. Incorporation of Works

The landowner shall complete all noise amelioration works required within each section of the buffer strip prior to requesting Council to:

seal any plan of subdivision which creates residential lots located within 50 metres of the relevant section of buffer easement/lot; or

approve any building permit for building/s located within 50 metres of the relevant section of buffer easement/lot,


All noise amelioration works required in relation to relevant building/s shall be incorporated by the landowner into the building design prior to requesting Council to approve any building application for the relevant building/s.

cc. Should the Reservation In Title within Lot 5 on RP854446 have been gazetted as road in the configuration described by Lots 6 and 7 on SP105735 then part (c) above shall cease to have effect and the following shall apply:

Road Traffic Noise Amelioration Works

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i. Road Traffic Noise amelioration works shall be:

constructed in the buffer strip ((comprising Area A and B on C&B Consulting Group Drawing 5010-43 dated 16 March 1999 and Drawing 5010-44 dated 16 March 1999 respectively, and the above referred to buffer easement); and/or

incorporated into the building design of the development.

ii. Maximum Residential Noise Levels and Time Horizon

The following maximum road traffic noise levels are not to be exceeded within 10 years of the time of completion of the full development:

External noise levels will not exceed 63dB(A)18h.

Internal noise levels (ie. within buildings) shall not exceed the maximum noise levels specified in AS2107-1987.

iii. Noise Testing and Construction Requirements

The following parameters shall be used to determine the required noise amelioration works:

External noise levels will be those predicted to occur on the subject land in areas likely to be frequently occupied by people.

Internal noise levels will be determined in accordance with AS2107-1987.

Noise monitoring will be carried out in accordance with AS2702-1984.

Noise predictions will be carried out in accordance with Calculation or Road Traffic noise (CRTN88) United Kingdom Department of Transport.

Noise amelioration works within the buffer strip will conform with the requirements of Department of Main Roads Drawing PD.52 (dated March 1998).

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iv. Road Traffic Noise Report

The landowner shall prepare a road traffic noise report which demonstrates how the development is to be designed to conform with the above requirements. The report shall:

predict the road traffic noise levels;

identify the ameliorative works required within the buffer strip, the rest of the subject land, and the relevant buildings; and

contain all relevant information and calculations upon which the conclusions of the report are based.

The landowner shall submit the report to the Cairns office of the Department of Main Roads for checking purposes, and if necessary, the landowner shall amend the report until Department of Main Roads is satisfied that the report demonstrates that the development complies with the above requirements.

v. Incorporation of Works

The landowner shall complete all noise amelioration works required within each section of the buffer strip prior to requesting Council to:

seal any plan of subdivision which creates residential lots located within 50 metres of the relevant section of buffer easement/lot; or

approve any building permit for building/s located within 50 metres of the relevant section of buffer easement/lot,


All noise amelioration works required in relation to relevant building/s shall be incorporated by the landowner into the building design prior to requesting Council to approve any building application for the relevant building/s.

12. Transport Efficient Subdivision Design

The subdivision of the land shall incorporate the principles of AMCORD with reference to pedestrian/cycle infrastructure, provision for public transport and accessibility to adjoining allotments.

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The landowner shall provide:

a road link from the northern to the southern boundary of the subject land generally in accordance with Drawing No.5010-26G dated 13 May 1998 and prepared by C&B Consultants Pty Ltd;

adequate bus and parking bays within the subject land such that at least 90% parking bay of all residential development is within 500 metres walking distance of a bus; and

pedestrian and cyclist paths which ensure connections of the internal community facilities (including parks).

The landowner provide stub roads (or at least a road reservation suitable for the provision of bus based public transport and normal vehicular traffic) from the developments internal road network to the subject land's southern (ie. to Lot 1 on RP841379), eastern (ie. to Lot 4 on RP748657) and western boundaries (ie. to Lot 154 on NR6988) such that it enable future internal road connection to adjoining land to the satisfaction of Director, Planning and Development, Cairns City Council.

These works shall be provided within the subject land to the satisfaction of the Manager, City Engineering, Cairns City Council prior to or concurrent with a request being made to Cairns City Council to seal the relevant plan/s of subdivision.

13. Internal Pedestrian and Cyclist Infrastructure

The landowner shall provide pedestrian and cyclist paths within the subject land to the satisfaction of the Director of Planning and Development, Cairns City Council. These works shall include connections of the internal pathway network to all;

a. public transport bus stops;

b. internal community facilities (including parks); and

c. relevant external pathways (eg. Kennedy Highway).

14. Hydraulic Impacts on the Kennedy and Captain Cook Highway

a. The Landowner, in developing the land, shall ensure that the existing flood immunity of the Captain Cook and Kennedy Highways is not reduced. Any change/s in the water flow rates/levels along, under or across any section of the existing Kennedy and Captain Cook Highway road reserves shall only be permitted if:

i. the proposed change/s to any of the water flow rates/levels along, under of across the existing and future Kennedy and Captain Cook Highways does not effect:

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the flood immunity and structural integrity of the existing or future Kennedy and Captain Cook Highway infrastructure; and

the construction cost of the existing or future Kennedy and Captain Cook Highway infrastructure; and

ii. any works required to accommodate the proposed change/s are constructed to Department of Main Roads standards; and

iii. the Landowner obtains the approval of the relevant Authorities should be change/s result in any advance hydraulic impacts upstream or downstream of the Captain Cook and Kennedy Highways.

b. A hydraulics report shall be prepared by the Landowner. The report shall demonstrate how the proposed works conform with this condition.

The hydraulics report shall be submitted to Council and the relevant works shall be completed:

prior to or concurrent with the landowner requesting Council to seal the first plan of subdivision of the subject land; or prior to the landowner requesting Council to approve any building application for building/s on the subject land,

prior to the landowner requesting Council to approve any building application for building/s on the subject land.

whichever comes first.

INTRODUCTION: Council will recall that at its meeting on 21 December 2001 it resolved : That Council advise its solicitors that it no longer wishes to continue with Appeal 15 of 2000 and seeks to have further ‘Without Prejudice’ discussions with the applicant with a view to amending the application and negotiating conditions. Since that time, a number of meetings have been held to set the conditions of approval. This report seeks Council’s endorsement of the conditions and to this end the unique conditions (non-standard) contained in the recommendation will be commented in individually on the report.

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Condition 1 Standard Preamble of applications Condition 2 Requires the development to proceed in accordance with the various reports and documents associated with the development. Condition 3 Requires reconfiguring applications to be lodged for future stages. Condition 4 Outlines what is required to be lodged with the first stage of development. Condition 5 These are the headwork conditions. The conditions have been modified to make reference to the use of the commercial elements of the proposal and the need to pay prior to the release of the survey plans. Condition 6 Outlines the requirement for works external for water and sewer. Condition 7 This deals with the lake to be built and the timing of its construction and maintenance. Paragraphs (b) and (c) deal with the timing and responsibilities of maintenance and endeavours to ensure that the applicant is responsible for the lake until it has settled and become stable. Condition 8 Requires the dedication of hillside land to occur at stage 1 of the development. Condition 9 Deals with the provision of internal water and sewer reticulation. Conditions 10 - 14 These are conditions required by Main Roads Department.

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CONCLUSION: These conditions act similar to rezoning conditions as they set the broad parameters for the future reconfiguring applications for the various stages of development.

ATTACHMENTS 1.Plan of Development No. 5010 (Schedule A) 2.Table of Development No. 5010 (Schedule B) Peter Tabulo General Manager – City Development

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SCHEDULE A

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SCHEDULE B

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MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – SHOWROOM AND WAREHOUSE - 110 AUMULLER STREET, BUNGALOW Belinda Jackson: 8/8/252 : 273733 PROPOSAL: SHOWROOM AND WAREHOUSE APPLICANT: HEDLEY CONSTRUCTIONS PTY LTD PO BOX 5902 CAIRNS QLD 4870 LOCATION: 110 AUMULLER STREET, BUNGALOW PROPERTY: LOT 38 ON C198104, PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: MIXED USE (AREA 9) DCP: DCP 1 – 200 PERSONS/HA DCP 2 - PRECINCT 5 NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 2 APRIL 2001 DIVISION: 5 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council approve the application for Material Change of Use – Impact Assessment for the development of a showroom and warehouse on land described as Lot 38 on C198104, Parish of Cairns, situated at 110 Aumuller Street, Bungalow, subject to the following conditions:-


1. The applicant/owner must at all times during the development of the subject land carry out the development and construction of any building thereon and conduct the approved uses generally in accordance with:

a. the approved Plan, Drawing No. 0103/1 dated January 2001 and attached as Schedule A;

b. the plans, specifications, facts and circumstances as set out in the application submitted to Council; and

c. the provisions of Council’s Development Manual

except where modified by these conditions of approval and any consent or endorsement issued thereunder.

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2. The conditions of this development permit must be effected prior to the commencement of the use, except where specified otherwise in these conditions of approval.

Carparking and Access Requirements

3. The carparking layout must be redesigned in accordance with Australian Standard AS2890.1 1993 Parking Facilities - off street carparking, except as varied with the consent of the Chief Executive Officer. Carparking spaces no. 6, 7 and 9 on Drawing No 0103/1 must be deleted so as to ensure that sufficient manoeuvring area is available for loading vehicles to enter and exit the site in a forward gear. Such amended plans must be endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work.

4. The carparking must be constructed in accordance with the endorsed plan and Council’s Development Manual specifications prior to commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all carparking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

5. The applicant/owner must erect a sign to the satisfaction of the Chief Executive Officer on the Aumuller Street frontage, advising of the location of the off-street carparking area and access thereto. Details of the sign must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work. The sign must be erected prior to the issue of the certificate of classification for building work and thereafter maintained at all times, to the satisfaction of the Chief Executive Officer.

6. No on-street parking shall be allowed along the Aumuller Street frontage of Lot 38 C198104 and this must be indicated by ‘No Parking’ signage. Such signage is to be provided at no cost to Council. Details of the sign must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work. The sign must be erected prior to the issue of the certificate of classification for building work, to the satisfaction of the Chief Executive Officer. To further discourage parking along Aumuller Street the pathway indicated on Drawing No. 0103/1 must be deleted and used for landscaping purposes.

Landscaping

7. The applicant/owner must landscape the subject land and street frontage in accordance with Development Manual, Part 4 – Landscaping and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be endorsed by Chief Executive Officer prior to the issue of a Development Permit for the carrying out of building work. In particular, the plan must show:

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a. the retention of as many existing trees and shrubs as possible and further planting of trees and shrubs;

b. planting of the footpath with trees or shrubs dependent on any overhead powerline constraints;

c. the provision of shade trees, especially in carparks, and to shade western walls;

d. landscaping of required setback areas;

e. deep planted landscape islands in the Hartley Street verge along the site frontage.

8. Areas to be landscaped must be established prior to the issue of a certificate of classification for carrying out building work and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

9. The applicant/owner must provide a screen fence (minimum height of 1.8 metres and maximum gap of 10mm) to the side and rear boundaries of the subject land, to the satisfaction of the Chief Executive Officer. The required fencing must be consistent in terms of design and materials with other similar fences in the locality. Details of the screen fence must be endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work. Screen fencing must be erected prior to the commencement of the use.


Water Saving

11. All toilets in the showroom and warehouse must be fitted with dual flush cisterns and water flow regulators must be fitted to all shower recesses, bathrooms and kitchen facilities where applicable to generally restrict water flow to 9 litres of water per minute, all to the satisfaction of the Chief Executive Officer.

Health

12. The applicant /owner must ensure that the development and use of the premises is conducted in accordance with the principles of the document entitled “Community Safety – Crime Prevention Through Environmental Design” to the requirements and satisfaction of the Chief Executive Officer.

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13. All night lighting shall be designed and constructed to the satisfaction of the Chief Executive Officer so as to ensure that light emitted from the subject land does not, in the opinion of Council, cause nuisance or annoyance to residents in the immediate vicinity or to passing motorists.

14. An area of a suitable size is to be provided, prior to the issue of a certificate of classification for building work, at ground level on Lot 38 on C198104 to store the number of refuse and recyclable waste containers required to service the showroom and warehouse. Onsite Waste facilities are to comply with the Environment Protection (Interim Waste) Regulation 1996 and Council Policies and are to be designed, constructed and maintained to the satisfaction of the Chief Executive Officer.

15. All refuse bin enclosures shall be suitably located outside of a three (3) metre wide landscape strip along the road frontage and sited to the requirements and satisfaction of the Chief Executive Officer.

16. Staff facilities are to be provided in accordance with Work Place Health & Safety Act and Code of Practice.

Construction

17. Dust resulting from construction work on Lot 38 on C198104 is to be suppressed at all times by the addition of water or other suitable means to prevent a dust nuisance to neighbouring areas.

18. The applicant/owner must ensure that on completion of any on-site construction works the subject land is maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer.

Drainage

19. All habitable floor levels in all buildings must be located above the Q100 flood immunity level of 3.45 metres AHD, in accordance with Development Manual Guidelines.

20. All external stormwater from the property must be directed to a lawful point of discharge being Hartley Street, such that it does not adversely affect surrounding properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

21. The applicant/owner must contribute towards the augmentation of stormwater drainage services and associated services in accordance with the Local Planning Policy, Contribution to Stormwater Drainage Upgrade. The contribution rate is that which is current at the time of payment. The current rate of contribution is $48.13. Payment is required prior to the issue of a Development Permit for building works.

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Contributions –Traffic Contributions

22. a. The applicant/owner must contribute towards the capital cost of upgrading the Cairns City Council road network.

b. Such contribution shall be calculated in accordance with Council’s Policy and shall be the rate current at the time of payment; and

c. The contribution shall be paid prior to the issue of a development permit for carrying out building work being issued for the proposed development. On the present method of calculation the estimated contribution would be $8161.48.

Water and Sewerage

23. The applicant/owner must contribute in accordance with Council’s Policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.

a. The contribution must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $2744.10 for water and $2357.10 for sewerage.

b. Payment is required prior to the issue of a Development Permit to carry out building work.

24. The applicant/owner must replace the existing sewer main under and within 1.5 metres of all building with UPVC sewer pipe class SEH.

25. All the above sewer works must be designed and constructed in accordance with Council’s Development Manual and the building footings must be designed so as not to place any load on the sewer. The details of the works must be submitted and endorsed by the Chief Executive Officer prior to the issue of the development permit for carrying out of building work.

External Works

26. The applicant/owner must at its own cost undertake the following works external to the subject land::- a. Construct a 1.5 metre wide concrete footpath to Aumuller and

Hartely Street frontages; b. Provision of a concrete crossover and apron at the entrance

of the car park; c. Construct full width bitumen widening to the Hartley Street

frontage;

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d. Topsoil and grass the verge to Aumuller Street frontage; and

e. Construct kerb and channel to the Hartley Street frontage.

Three (3) copies of a plan of the works shall be submitted and endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of the use.

B. That Council undertake a consequential amendment to the Planning Scheme for the Part of the City of Cairns pursuant to Section 6.1.34 of the Integrated Planing Act to notate the Scheme to reflect approval of a warehouse and showroom in accordance with Development Permit 8/8/252 on Lot 38 on C198104.

C. That Council relax the requirement for 2 (two) off-street parking spaces, in accordance with the provisions of Section 4.3.3(l) of the Planning Scheme for the Part of the City of Cairns. Carparking is to be provided in accordance with the Approved Plan and condition 3 of this approval.

ADVICE

1. This approval, granted under the provisions of the Integrated Planning Act, shall cease and determine four (4) years from the date of issue of the Development Permit unless the use is substantially commence and all conditions complied with to the satisfaction of the Chief Executive Officer.


3. Signs on the subject land must conform with Council's Local Law No. 28 (Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer. All signage in respect of the approved development must obtain the necessary approvals pursuant to Local Law 28. Council’s City Assessment Section has administrative responsibility for this matter.

EXECUTIVE SUMMARY: Council is in receipt of an application for a Material Change of Use – Showroom and Warehouse at 110 Aumuller Street, Bungalow and described as Lot 38 on C198104.

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The subject site is included within the Residential zone and is strategically designated as Mixed Use (Area 9). Within the Residential zone the development of a showroom and warehouse is considered to be potentially incompatible with the intent of this zone. Additionally, within the Mixed Use (Area 9) strategic designation, a showroom and warehouse is not listed as a preferred development. However, in accordance with section 6.1.30 of the Integrated Planning Act, it is considered that there are sufficient planning grounds to justify approving the application despite the conflict with the strategic plan. The planning grounds sufficient for approving the application primarily relate to locality characteristics, in particular the proposed showroom and warehouse complement and are consistent with the existing land uses that comprise the streetscape. This is attributed to the Hartley Street and to some extent the Aumuller Streetscape being characterised by numerous showrooms, commercial premises and industrial retail outlets which tend to group together for market force reasons. The application is recommended for approval subject to reasonable and relevant conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is for a warehouse and showroom to be located at 110 Aumuller Street, Bungalow. The applicant has indicated that the showroom is likely to be used for the display and sale of floor coverings. The subject site has a total area of 1161.93m² and is currently improved by a detached dwelling. The proposed development will involve the demolition of the existing dwelling on the site. The proposed showroom is to consist of an area of 290m² and the proposed warehouse is to consist of an area of 189m². It should be noted that the Planning Scheme defines a showroom as any premises comprising a gross floor area greater than 300m². The proposed showroom is not in accordance with this minimum area requirement, however due to the intent and nature of the proposed use it is considered to be most appropriately defined as a showroom. The Planning Scheme defines a showroom as:- Any premises comprising a gross floor area greater than 300m² used or intended for use for the purpose of displaying and/or offering for sale to members of the public goods of a similar or bulky nature where the activity is conducted predominantly indoors. The term includes but is not limited to uses listed in Appendix 12 hereto. Appendix 12 Carpet showrooms Caterer’s supplies Electrical showroom Hardware, handyman and tradesman supplies Liquor barns and wine cellars Motor accessories showrooms Motor vehicle showrooms Produce stores Textile showrooms

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Strategic Plan/DCP The subject site is strategically designated as Mixed Use Area 9 under the Planning Scheme for Part of the City of Cairns. This designation indicates a number of areas where a mix of business, commercial, service and, in some cases, residential uses are considered to be appropriate. Within ‘Area 9’ the following uses are listed as being preferred: • Offices • Medical Centres • Accommodation Units • Commercial Services • Child Care Centres • Service Station A warehouse and showroom is not listed as a preferred development and therefore conflicts with the Strategic Plan. In accordance with section 6.1.29 of the Integrated Planning Act it is considered that there are sufficient planning grounds to justify approving the application despite the conflict. These planning grounds largely relate to the suitability and amenity of the land in relation to neighbouring localities that are dominated by commercial and light industrial development, particularly in the form of showrooms and industrial retail premises. Development Control Plan 2 – Height and Impact of Buildings The site is included within Precinct 5 of Development Control Plan 2 – Height and Impact of Buildings. The relevant provisions of DCP 2 relating to development in Precinct 5 are summarised below: Criteria Requirement Proposal Comment Maximum Building Height

10 metres 7.2 metres Complies

Maximum Site Coverage

40% for single storey 46% Refer to Discussion below.

Maximum Permitted Plot Ratio

1.5:1 0.5:1 Complies

City Image Design to complement the tropical character and climate of Cairns

Refer to Appendix 2.

Complies

The proposed warehouse and showroom is generally in accordance with the measures contained within Development Control Plan 2 and this contributes to the proposal being an appropriate and desirable form of development. The only exception to the warehouse and showroom conforming with the requirements of precinct 5 is that the proposed development has a site coverage of 46% whereas the Development Control Plan requires that the site coverage of one storey buildings be 40%.

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However, this shortfall is considered minor in nature as the purpose of the Planning Scheme prescribing that the site coverage shall not exceed 40% is to ensure that the site does become ‘over developed’. The site layout of the warehouse and showroom incorporates landscaping along each boundary and this has the visual effect of providing the site with an open-space ambience and reducing the dominance of the built form within the streetscape. Additionally, the proposed development only exceeds the required site coverage by 6% and this is considered to be minor in nature as it equates to approximately 76m². Land Zoning The subject site is zoned Residential under the Planning Scheme for the Part of the City of Cairns. Within the Residential zone the development of a warehouse and showroom is considered to be potentially incompatible with the intent of the zone. However, land uses within the vicinity of Aumuller and Hartley Streets have changed from residential to commercial and light industrial over the years. This observation is further supported by the Strategic Plan which acknowledges that changes in land use have occurred over time in the Mixed Use designation and that residential amenity has deteriorated, hence, detached dwellings are excluded from preferred developments listed under Mixed Use Area 9. As a result of this difference between the zoning and strategic designation of the site, it can be inferred that as the area has developed, it has moved from being suitable for residential development to accommodating a mix use of Commercial and Industrial development and therefore the proposed development of a showroom and warehouse is considered to be acceptable. In accordance with Section 6.1.34 of the Integrated Planning Act, if Council approves the application, Council will be required to undertake a consequential amendment to the Planning Scheme to notate the Scheme to reflect approval. Public Notification/Submissions In accordance with Section 3.4.4 of the Integrated Planning Act, 1997 the applicant has completed public notification and no submissions were received. Impact of Proposal Section 6.1.29 of the Integrated Planning Act 1997 requires Council as the Assessment Manager to consider a range of matters to the extent that they are relevant to the application. These matters have been considered and those that require detailed consideration are outlined below.

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When considering carparking provisions the Planning Scheme requires that for the proposed use of a warehouse and showroom a total of eight (8) car parking spaces are required to be provided. The proposed development provides nine (9) carparking spaces of which, spaces 6, 7 & 9 are unacceptable for on-site deliveries. Accordingly, there will be two (2) carparking spaces short of the car parking requirements specified in the Planning Scheme. However, under the circumstances it is considered reasonable that Council support a relaxation for two (2) car parking spaces as the site offers on-street parking for approximately 5 (five) vehicles along Hartley Street. It is recognised that parking along Aumuller Street poses some safety issues due to the proximity of the intersection and therefore appropriate conditions have been included within the recommendation to ensure that the Aumuller Street verge does not provide on-street customer parking. The positioning and design of the on-site car parking spaces complies with the Planning Scheme requirement and as a result will provide for the convenient, safe and efficient movement of vehicles. The proposed development is unlikely to impact on the streetscape of the locality through given the design of the buildings and the proposed landscaping areas adjoining the street frontages. Additionally, the subject site is considered to be adequately setback with a 6 metre setback from the main street frontage (Aumuller Street) and a 3 metre setback from Hartley Street. A general requirement for commercial development is that 10% of the site shall be provided for landscaping purposes. The proposed development is in accordance with this requirement as 31% of the subject site is to be devoted to landscaping purposes. When taking into account the aforementioned aspects of the proposed showroom and warehouse it is likely that the impact of the proposed development will be minimal. This is attributed to the design, layout and nature of the proposed warehouse and showroom facilitating the achievement of a suitable level of amenity, safe and efficient vehicle movements and having limited impacts upon the locality. HEADWORKS / CONTRIBUTIONS: Under the provisions of the Planning Scheme for the Part of the City of Cairns the following contributions are required: Calculation Comment Contribution

Water District 10: $3,049/EDC(1998) Commercial 0.12ha @12 EDC/ha Less Minimum of: 1. Previous consumption = 392kl/yr (0.5 EDC) 2. Flats/units 2brm x 2 @ 0.5 EDC (1.0 EDC) Min. = 0.5 EDC

0.9 EDC @ $3049/EDC (No RICI adjust)

$2744.10

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Sewerage District 25: $2,619/EDC(1998)

Commercial 0.12ha @12 EDC/ha Less Minimum of: 1. Previous usage *2 = 392kl/yr (0.5 EDC) 2. Flats/units 2brm x 2 @ 0.6 EDC (1.2 EDC) Min. = 0.5 EDC *2 = based on water consumption

0.9 EDC @ $2619/EDC (No RICI adjust)

$2357.10

Road/Traffic

Outer CBD: $890/pm.veh.trip end generated (1994) Showroom: 290m² @ 2.5 pm veh trips/100m² Warehouse: 189m² @ 0.5 pm veh trips/100m² (Rates used are from RTA, NSW)

8.2 pm veh. trips @ $995.91 per trip (RICI adjust.)

$8,161.48

Drainage Chinaman/Clarke Creek: $574/Ha (1994) 950m² impervious area (new development) Less 195m² (existing dwelling)

0.0755 Ha @ $637.53/Ha (RICI adjusted)

$48.13

Park No subdivision of land No contribution sought

Nil

Belinda Jackson Planning OfficerAction Officer


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APPENDIX 1

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MATERIAL CHANGE OF USE – WAREHOUSE AND SHOWROOM - 15-17 HARGREAVES STREET, EDMONTON Belinda Jackson: 8/8/236 : 276189 PROPOSAL: SHOWROOM AND WAREHOUSE APPLICANT: REECE PTY LTD PO BOX PRIVATE BAG BURWOOD VICTORIA 3125 LOCATION: 15-17 HARGREAVES STREET, EDMONTON PROPERTY: LOT 20 ON SP137462 ZONE: INDUSTRY STRATEGIC PLAN: URBAN DCP: NOT APPLICABLE NUMBER OF SUBMITTERS: ONE (1) STATUTORY ASSESSMENT DEADLINE: 11 APRIL 2001 DIVISION: 3 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council approve the application for Material Change of Use – Impact Assessment for the development of a showroom in conjunction with warehouse (self assessable) on land described as Lot 20 on SP137462 situated at 15-17 Hargreaves Street, Edmonton, subject to the following conditions:-


1. The applicant/owner must at all times during the development of the subject land carry out the development and construction of any building thereon and conduct the approved use generally in accordance with:

a. the approved Plan, Drawing No. 6462-A00 dated 30 January 2001 and attached as Schedule A;

b. the plans, specifications, facts and circumstances as set out in the application submitted to Council; and

c. the provisions of Council’s Development Manual

except where modified by these conditions of approval and any consent or endorsement issued thereunder.

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2. The conditions of this development permit must be effected prior to the commencement of the use, except where specified otherwise in these conditions of approval.

Car parking and Access Requirements

3. The carparking layout must be designed in accordance with Australian Standard AS2890, except as varied with the consent of the Chief Executive Officer. Such plans must be endorsed by the Chief Executive Officer prior to issue of a development permit for carrying out building work.

4. The carparking must be constructed in accordance with the endorsed plan and with Council’s Development Manual specifications prior to the commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all carparking driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Landscaping

5. The applicant/owner must landscape the subject land and street frontage in accordance with Development Manual, Part 4 – Landscaping and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work. In particular, the plan must show:

a. the retention of as many existing trees and shrubs as possible and further planting of trees and shrubs;

b. planting of the footpath with trees or shrubs, depending on any overhead powerline constraints;

c. the provision of shade trees, especially in carparks, and to shade western walls,

d. landscaping or required setback areas; and

e. a minimum of 10% of the subject site shall be devoted to landscaping.

6. Areas to be landscaped must be established prior to the issue of a certificate of classification for carrying out building work and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.


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Water Saving

8. All toilets in the development must be fitted with dual flush cisterns and water flow regulators must be fitted to all shower recesses, bathrooms and kitchen facilities where applicable to generally restrict water flow to 9 litres of water per minute, all to the satisfaction of the Chief Executive Officer.

Health

9. The applicant/owner must ensure that the proposed development is constructed in accordance with the principles of the document entitled “Community Safety – Crime Prevention Through Environmental Design”, to the requirements and satisfaction of the Chief Executive Officer.

10. All night lighting shall be designed and constructed to the satisfaction of the Chief Executive Officer so as to ensure that light emitted from the subject land does not, in the opinion of Council, cause nuisance or annoyance to residents in the immediate vicinity or to passing motorists.

11. An area of a suitable size is to be provided, prior to the issue of a certificate of classification for building work, at ground level on Lot 20 SP137462 to store the number of refuse and recyclable waste containers required to service the showroom and warehouse. Onsite Waste facilities are to comply with the Environment Protection (Interim Waste) Regulation 1996 and Council Policies and are to be designed, constructed and maintained to the satisfaction of the Chief Executive Officer.

12. All refuse bin enclosures shall be suitably located outside of a three (3) metre wide landscape strip along the road frontage and sited to the requirements and satisfaction of the Chief Executive Officer.

13. Staff facilities are to be in accordance with Workplace Health and Safety Act and Code of Practice.

Construction

14. Dust resulting from construction work on Lot 20 Hargreaves Street, Edmonton is to be suppressed at all times by the addition of water or other suitable means to prevent a dust nuisance to neighbouring areas.

15. The applicant/owner must ensure that on completion of any on-site construction works the subject land is maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer

Drainage

16. All external stormwater from the property must be directed to a lawful point of discharge being Hargreaves Street, such that it does not adversely affect surrounding properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

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Water Supply and Sewerage

17. The applicant/owner must carry out water supply works and sewerage works external to the development to connect the subject land to Council’s existing headworks at a point determined by the Chief Executive Officer where sufficient capacity exists to service the subject land. All works must be carried out to the requirements and satisfaction of the Chief Executive Officer.

18. The applicant/owner must contribute in accordance with Council’s policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.

a. The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $6418.85 for water and $5126.29 for sewerage.

b. Payment is required prior to the issue of a Development Permit for Carrying Out Building Works.

External Works

19. The applicant/owner must at its own cost undertake the following works external to the subject land:

a. provide a concrete cross over and apron.

Three (3) copies of a plan of the above works must be submitted and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out of Building Works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of the use.

Concurrence Agency Conditions

Department of Main Roads

1. Access

i. Access to Lots 4 and 5 on RP910474 shall be via Hargreaves Street to the satisfaction of the Chief Executive Officer, Cairns City Council.

ii. No direct access between the Bruce Highway and Lots 4 and 5 on RP910474 is permitted.

2. Advertising

No advertising device for the proposed development is permitted within the State-controlled road reserve (ie. Bruce Highway).

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3. Parking

No parking associated with the proposed development is permitted within the State-controlled road reserve (ie. Bruce Highway).

ADVICE

1. This approval, granted under the provisions of the Integrated Planning Act, shall cease and determine four (4)years from the date of this decision if these conditions and the Council’s Local Laws and regulations have not been fully complied with and a survey plan submitted for Council endorsement.


3. Signs on the subject land must conform with Council's Local Law No. 28 (Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer. All signage in respect of the approved development must obtain the necessary approvals pursuant to Local Law 28. Council’s City Assessment Section has administrative responsibility for this matter.

EXECUTIVE SUMMARY Council is in receipt of an application for a Material Change of Use – Showroom and Warehouse at 15-17 Hargreaves Street, Edmonton and described as Lot 20 on SP137462. A warehouse within the General Industry zone is self-assessable development however, a showroom requires a Material Change of Use Development Permit. The proposed development is in accordance with the requirements and performance standards contained within the Planning Scheme for the Balance of the City of Cairns. Therefore, the application is recommended for approval subject to reasonable and relevant conditions.

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TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is to be located on a vacant site at Lot 20 Hargreaves Street, Edmonton which has a total area of 2160m². The showroom and warehouse is to be occupied by Reece Pty Ltd which is a supplier of plumbing products that are predominantly sold by wholesale. The showroom component of the development which is indicated as the Store Room on the plan of development is to be used for the display of bathroom, kitchen and laundry products. The proposed showroom is to consist of an area of 95m² and the warehouse has an area of 575m². It should be noted that the Planning Scheme defines a showroom as any premises comprising a gross floor area greater than 300m². The proposed showroom is not in accordance with these minimum area requirements, however due to the intent and nature of the proposed use, that is the displaying of builder and plumbing supplies that are to be predominantly purchased by wholesale, it is considered to be most appropriately defined as a showroom. Strategic Plan/DCP The subject site is strategically designated as Urban under the Strategic Plan. Areas identified as the Urban Preferred Dominant Land Use are those areas suitable for such urban uses as residential, industrial, commercial and the like. The proposed development for a showroom and warehouse is of a light industry nature and therefore the proposal is in accordance with the intent of the Strategic Plan. Land Zoning The subject site is included within the Industry zone under the Planning Scheme for the Balance of the City of Cairns. The intent of the Industry zone is to accommodate a broad range of industrial developments and related industrial development. It is intended that these areas will provide suitable locations for small scale uses to intensive developments with industries ranging from light, general, heavy and hazardous or offensive industry. The intent of the Industry zone also states that to ensure an orderly and functionally efficient development, light industries which are generally small scale and non-offensive activities will be located on the fringe of the zone. When considering this, the proposed development is in accordance with the intent of the zone as a warehouse with ancillary showroom is of a light industrial nature and the potential impact that it may have on the surrounding environment is minimal. Furthermore, the proposed development is located on the fringe of the Swallow Road industrial area. Therefore, it is possible that the location of light industrial uses such as the warehouse with ancillary showroom at the fringe of the industrial area will produce a gradual transition from less intensive industrial uses adjacent to the Bruce Highway to more intensive industrial developments further eastwards.

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Public Notification/Submissions In accordance with Section 3.4.4 of the Integrated Planning Act, 1997 the applicant has completed public notification and one (1) submission was received. The submission was based upon the following concerns: 1. Definition of Proposed Development The intended use is not defined as a showroom and warehouse under the planning Scheme. This is attributed to the definition of a showroom under the Planning Scheme specifying a minimum area of 300m². With the absence of the term showroom, warehouse is the only definition under the Planning Scheme used to define the proposal. The definition of a Warehouse under the Planning Scheme is restricted to the storage of goods, merchandise or materials in large stocks only and does not include the displaying and/or offering for sale of such goods to the general public. The use is best defined as a hardware store which is inclusive of the sale or display or offering for sale by retail, plumbing materials. Public Notification should be recommenced based on the grounds that the use is incorrectly defined. Comments : The Planning Scheme for the Balance of the City of Cairns defines a hardware store as:- Any premises used or intended for use for the sale or display or offering for sale by retail of any of the articles included in but not limited to Appendix 3 hereto. The term includes- (a) incidental use of the premises for the hire and storage pending hire of any machines, tools or other equipment. (b) any ancillary storage. Appendix 3 Building supplies Domestic hardware Fencing materials Painting and decorating products Plumbing supplies Timber. The nature of the proposed development is not in accordance with the definition of a hardware store as its predominant function is the wholesale of plumbing supplies and limited showroom area. When considering the definition of a warehouse the Planning Scheme states that a warehouse is:

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Any premises used or intended for use for storage of goods, merchandise or materials in large stocks whether or not such storage is required for an adjoining shop or other commercial premises. The term includes milk depot and mini storage facilities. The proposed development involves 575m² being used for the storage of plumbing goods and merchandise that are to be sold by wholesale. This area includes extensive bunking facilities for the storage of plumbing supplies which is best defined as a warehouse. A warehouse within the Industry zone is self-assessable development and consequently this component of the development does not require formal town planning approval. The proposed development also involves the use of 95m² as a display area. It is noted that this display is significantly less than the minimum area requirements as specified by the definition for a Showroom (300m²). Nevertheless, despite these minimum area requirements the proposed development is in accordance with all other attributes identified as being associated with a showroom as specified by the definition. In particular, the proposed development is intended for the purpose of display of goods of a bulky nature and the activity is conducted predominantly indoors. The applicant has indicated that the showroom will be used to display bathroom, kitchen and laundry facilities including baths, toilets and sinks, all of which are of a bulky nature. Furthermore, the applicant has made it very clear what the proposal entails and irrespective whether Council deems the use to be a Showroom or not, the use at worst would be ‘undefined’ or ‘hardware store’ which triggers a Material Change of Use – Impact Assessment in any event. 2. Suitability of a Hardware Store for a Medium Impact Industry Precinct Industry under the Planning Scheme generally includes activities which involve some form of manufacturing, dismantling, service and/or repair or extraction. The proposed use is not considered to be an Industry under the Planning Scheme as the intent of the development is to display and retail plumbing products. In light of the shortfalls of industrial land in Cairns to meet future industrial requirements as identified in the Far North Queensland Industry Strategy 2010, we resubmit that such land should be preserved for its principle purpose and not be compromised by allowing incompatible land uses into the medium impact industry precinct. Therefore the proposed use is incompatible with the strategic plan and forward planning documents of the state such as the FNQ Industry Planning Strategy commissioned by the Department of State Development. The proposed hardware store is better suited to the Trades and Industry zone or an Industry zoned area which is identified on Council’s Strategic Plan as being suitable for light industrial activities. Comment : The subject site is included within the Industry Zone under the Planning Scheme. The intent of this zone is to accommodate a broad range of industrial developments and related industrial development.

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Although a showroom is not typically an industrial development, it is considered to be ancillary to the warehouse component of the proposal as it involves the display of goods that are to be stored in the warehouse. It should be noted that the definition of a warehouse acknowledges that storage may be required for an adjoining commercial premises. The submission states that industry under the Planning Scheme includes land uses involving manufacturing, dismantling, service and/or repair or extraction. However, the intent of the Industry zone specifies that the subject site is to accommodate a broad range of industrial developments and related industrial development. Additionally, the intent states that small scale and non-offensive activities will be located on the fringe of the zone. The proposed warehouse and showroom is predominantly used for the storage of goods with the ancillary display area which is considered to be of a light industrial nature. Therefore although the proposed use does not involve manufacturing, dismantling, service and/or repair or extraction it is predominantly of a light industrial, non-offensive nature and is considered suitable to be located on the fringe of the Swallow Road industrial area. Therefore under the circumstances, particularly when considering the small scale nature of the showroom and it being ancillary to the industrial use of the site (warehouse), the inconsistency with the Industry zoning is considered to be minor in nature. Another concern raised by the submitter was that the proposed development is inconsistent with the strategic plan and forward planning documents. This is not the case as the subject site is strategically designated as urban and the proposed development is consistent with this designation. With regard to the FNQ Industry Planning Strategy commissioned by the Department of State Development it recognises that the land situated east of the Bruce Highway at Edmonton is included within the Industry Zone and therefore is intended to accommodate a broad range of industry types which include light industry developments such a warehouses. Impact of Proposal Section 6.1.29 of the Integrated Planning Act 1997 requires Council as the Assessment Manager to consider a range of matters to the extent that they are relevant to the application. These matters have been considered and those that require detailed consideration are outlined below:- The existing land uses located on Hargreaves Street are of a light and general industry nature as they only impose a minor demand on Council’s water supply, they do not produce liquid or solid wastes that require special treatment and they generate a low level of traffic and noise. Therefore, the impact of the proposal upon existing land uses is likely to be minimal as a warehouse and ancillary showroom is generally compatible with existing light industry land uses. The impact of the proposed warehouse and showroom upon the existing road network is likely to be minimal. This is attributed to the existing road network being of a sufficient standard and utility to cater for the minor increase in traffic likely to be generated by the proposed development.

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It should also be noted that due to its wholesale nature, the proposed development will attract a select range of clients from throughout Cairns. Additionally, the application has been referred to the Department of Main Roads and appropriate conditions have been included within the recommendation. From an economic point of view, the proposed development is unlikely to detract from the economic viability of existing businesses, in particular the existing Hardware stores in the area. The reason for this is that the proposed warehouse and ancillary showroom specialises in wholesale plumbing supplies throughout the Cairns region whereas the other hardware stores within close proximity to the proposed development focus upon meeting the general hardware needs of the immediate population. When considering car parking provisions, the Planning Scheme requires that for the proposed use of a warehouse and showroom, a total of nine (9) car parking spaces are to be provided. The proposed development is in accordance with this requirement with eleven (11) car parking car parking spaces being provided in the southern portion of the subject site. The positioning of these car parking spaces complies with the Planning Scheme requirement and as a result will provide for the convenient, safe and efficient movement of vehicles. The subject site is in accordance with the performance standards contained within the Planning Scheme as indicated in the table below. Planning Scheme Requirement

Proposed Development Compliance

Site Coverage – not exceeding 60%.

31% Complies

Setbacks – 10 metres 10 metres Complies Height of Buildings and Structures – 10 metres

5.7 metres Complies

Landscaped open space area at least six (6) metres wide be provided along the principal road frontage to the site.

6 metre landscape open space extends from Hargreaves Street.

Complies

Minimum of 10% of the site shall be landscaped.

An appropriate condition has been included within the recommendation.

Complies

When taking into account the aforementioned aspects of the proposed showroom and warehouse it is likely that the impact of the proposed development will be minimal. This is attributed to the design, layout and nature of the proposed warehouse and showroom facilitating the achievement of a suitable level of amenity, safe and efficient vehicle movements and having limited impacts upon the environment. HEADWORKS / CONTRIBUTIONS: The Development Engineer has commented that the following contributions are applicable to the proposed development:

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Calculation Comment Contribution Water District 15: $2,334/EDC(1998)

Industry: 12EDC/Ha x 0.22 Ha No previous contributions registered

2.6EDC @ $2,468.79/EDC

$6,418.85

Sewerage District 32: $1,864/EDC(1998) Industry: 12EDC/Ha x 0.22 Ha No previous contributions registered

2.6EDC @ $1,9714.65/EDC

$5,126.29

Road/Traffic Edmonton East – Whiterock (Swallow Rd)

No contribution required

Nil

Drainage No DMP applicable No contribution required

Nil

Park No subdivision of land No contribution required

Nil

Belinda Jackson Planning OfficerAction Officer


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APPENDIX 1

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ENVIRONMENTAL PROTECTION (WATER) POLICY 1997 – PENALTY INFRINGEMENT NOTICES (PIN) - FOREST GARDENS, WHITE ROCK Bryan Badger: KP: 18/46/2-60 (277155) PROPOSAL: ALLEGED OFFENDER REQUESTS TO HAVE

PENALTY INFRINGEMENT NOTICES (PIN) WITHDRAWN BY COUNCIL

APPLICANTS: NEWSTART HOMES PTY LTD CORAL HOMES BRISBANE PTY LTD CARRINGTON HOMES PTY LTD DAVID MCCOY HOMES PTY LTD DAIKYO (NTH QLD) PTY LTD

LOCATION: FOREST GARDENS, WHITEROCK Q4868

PROPERTIES: LOT 652 ON SP133800 LOT 654 ON SP133800 LOTS 655 – 667 ON SP133800 LOT 669 ON SP133800 LOTS 671 – 674 ON SP133800

ZONE: SPECIAL FACILITIES

STRATEGIC PLAN: URBAN (P)

DCP: HILLSLOPES B/C CONSTRAINT

DIVISION: 3

APPENDIX: LETTERS REQUESTING PIN WITHDRAWAL

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LOCALITY PLAN

RECOMMENDATION:

That Council

(1) approve the requests for withdrawal of Penalty Infringement Notices (PIN) issued by Council under the Environmental Protection (Water) Policy 1997;

(2) confirm its position regarding administration of the Water EPP enforcement protocol as it relates to drainage, erosion and sediment control on development and building sites.

EXECUTIVE SUMMARY: The request to withdraw these Penalty Infringement Notices should be accepted by Council in this instance despite the fact that:- 1. the elements of the offence have been established; 2. the on-site activities are unlawful when carried out in this matter and Council officers have made no mistake of fact in gathering evidence;

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3. the alleged offenders have had over three (3) years of education, training and on-

site meetings regarding building site drainage, erosion and sediment control measures;

4. PIN withdrawal would set a precedent for Council’s future management of PINs; 5. substandard development and building site management has a high potential to cause environmental harm; 6. the EPA and Cairns community have an expectation that Council will fulfil its role

and obligations as the Administering Authority under the Environmental Protection Act 1994;

As in this instance 7. the dominant factor is Council’s inability to provide the alleged offender with an

opportunity to access the processes of “Natural Justice”.

BACKGROUND: In December 1997 the Environmental Protection (Water) Policy 1997 (Water EPP) was gazetted by the State Government’s Environmental Protection Agency (EPA). Throughout 1998, 1999 and 2000, the EPA and Council’s Environmental Protection Unit (EPU) participated in numerous educational workshops, television/newspaper promotions and on-site meetings with developers and builders with an overall objective of achieving compliance with the Water EPP. In July 2000 Council renewed its Memorandum of Understanding (MoU) with the EPA relating to the administration of the Water EPP. On 27 September 2000, Councillors were advised of the Environmental Protection Unit’s Water EPP enforcement protocol which was endorsed by Acting CEO – John Howard. As of 1 November 2000, the following Water EPP enforcement protocol commenced: EPU is notified or identifies a Water EPP breach; EPU Officer investigates and if justified, gathers all evidence required to issue a Penalty Infringement Notice(s); Penalty Infringement Notice(s) is issued to the responsible party with a covering letter specifying deadlines for completion of remedial works; In the event remedial works are not completed by the deadline a second Penalty Infringement Notice is issued; In the event remedial works are still not completed, the Water EPP breach and supporting evidence will be forwarded to the EPA for further enforcement action and follow-up; Once issued, Penalty Infringement Notices will not be withdraw.

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This protocol is currently being utilised by the Cairns office of the EPA. On 8 February 2001, Council officers responded to a complaint of sand, silt and mud being allegedly deposited into the roadside gutter, and stormwater drainage system at Forest Gardens, White Rock. Council officers investigated this complaint and formed the opinion that sufficient evidence had been obtained establishing the elements of the following offence under the Environmental Protection (Water) Policy 1997: Prohibition on Build-up of Sediment Section 32(1)(b)(ii) A person must not deposit sand silt or mud in a place where it could reasonably be expected to move or be washed into a roadside gutter, stormwater drain or water and result in a build-up of sand, silt or mud in the gutter, drain or water. Council issued twenty three (23) Penalty Infringement Notices ($300/PIN) to the person(s) identified as being responsible for the inadequate installation and maintenance of drainage, erosion and sediment control measures at the Forest Gardens, White Rock properties. On 23 February 2001, Council’s Bryan Badger met developer and building contractor representatives at the Forest Gardens property. The objective of the meeting was to discuss Council’s requirements for drainage, erosion and sediment control measures and to confirm the adequacy of on-site works. On 27 February 2001, a meeting of relevant development and building industry stakeholders was held with the Mayor and Council Officers to further discuss this matter. Matters discussed at the meeting included the adequacy of environmental protection Legislation, recent proposed amendments to Council’s development manual and Council’s administrative procedures regarding the withdrawal of Penalty Infringement Notices.

PROPOSAL: The developer and several building contractors have written to Council requesting the withdrawal of relevant Penalty Infringement Notices (PIN). The grounds for PIN withdrawal include: PIN not issued to responsible party; Sediment control plan was proposed to be implemented following site excavation; Inability to install control measures due to site access requirements; No requirement to install control measures due to low risk nature of the site(s); No clear concise direction has been provided to builders regarding what measures must be installed to avoid penalty; Builders who are trying to comply are treated in the same manner as irresponsible builders; and Consideration of downstream control measures in place to capture/treat sediment contaminated stormwater not taken into account in decision to issue PINs.

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Date of issue

Ticket number

Offender details PIN Withdrawal Requested

Paid

09/02/01 004679 Glenwood Homes No Yes 09/02/01 004680 Mac Homes No Yes 09/02/01 005081 Newstart Homes Yes 09/02/01 005082 Daikyo (Nth Qld) Yes 09/02/01 005083 Daikyo (Nth Qld) Yes 09/02/01 005084 Daikyo (Nth Qld) Yes 13/02/01 005085 Carrington Homes Yes 13/02/01 005087 Glenwood Homes No Yes 09/02/01 005102 Daikyo (Nth Qld) Yes 09/02/01 005103 Daikyo (Nth Qld) Yes 09/02/01 005104 Daikyo (Nth Qld) Yes 09/02/01 005105 Daikyo (Nth Qld) Yes 13/02/01 005106 Coral Homes

Brisbane Yes

13/02/01 005107 Coral Homes Brisbane

Yes

13/02/01 005108 Glenwood Homes No Yes 13/02/01 005109 David McCoy Homes Yes 13/02/01 005110 David McCoy Homes Yes 13/02/01 005111 David McCoy Homes Yes 13/02/01 005112 David McCoy Homes Yes 09/02/01 005101 Daikyo (Nth Qld) Yes 09/02/01 005121 Daikyo (Nth Qld) Yes 09/02/01 005122 Daikyo (Nth Qld) Yes 09/02/01 005123 Daikyo (Nth Qld) Yes 09/02/01 005124 Daikyo (Nth Qld) Yes To date Council has received payment of four (4) PIN’s totalling $1200.00 ($300.00 / PIN). Currently, 19 PIN’s remain un-paid totalling $5700.00 ($300.00 / PIN). As specified on the alleged offender’s copy of the PIN(s) the option exists to either pay the notice or elect to have the matter dealt with by a court. This option must be exercised within 28 days of the issue of the PIN. Thus far only one (1) of the building contractors (Carrington Homes) has exercised this option and has requested Council postpone the referral of the PIN and associated documentation to the EPA pending Council’s decision on PIN withdrawal. In the event Council supports the recommendation to approve the requests for withdrawal of Penalty Infringement Notices, the following protocol will apply: A letter will be issued to each alleged offender advising of Council’s decision and notifying that PIN payment requirements have been withdrawn; Carrington Homes, being the only alleged offender to exercise the option to have the matter heard before a Court will be advised that no further action is required.

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As an outcome of the 27 February 2001 meeting with the Mayor and Council, submissions were received from various parties involved. As a consequence of the commitment made at this meeting to have the matter considered by the full Council, the relevant parties lost their opportunity to have the matter dealt with by a Court. As a result it is difficult to demonstrate that Council has dealt with this matter in accordance with “Natural Justice” procedural requirements. It is on this basis that it would be reasonable for Council, in this instance, to agree to the withdrawl of the PINs. It is further requested that Council provide direction for the organisation as to how this type of matter will be addressed in future. Bryan Badger Team Leader Peter Tabulo Action Officer General Manager, City Development

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ORDINARY MEETING

29 MARCH 2001

17

AGREEMENT WITH CLAUDE NEON (AUST) PTY LTD WITH RESPECT TO EXISTING ADVERTISING DEVICES ON COUNCIL CONTROLLED ROADS

Terry Davidson : 18/67/1-03: #278170

RECOMMENDATION:

That Council resolves to ratify the Agreement between Cairns City Council and Claude Neon (Aust) Pty Ltd.

INTRODUCTION: The existing agreement between Cairns City Council and Claude Neon (Aust) Pty Ltd for the erection and maintenance of illuminated street name signs with advertising on Council controlled roads ceased as of 17 December 2000. Prior to that date, Expressions of Interest were called for from suitably qualified companies regarding the provision of an illuminated street name sign system. From that process, Nu-Lite Pty Ltd were awarded the Licence Agreement, to apply from 18 December 2000.

BACKGROUND: Under the Agreement signed with Claude Neon and expiring on 17 December 2000, a certain time was allotted for the removal of signs erected under this Agreement. In the interests of an effective and seamless transfer with relation to the illuminated devices, discussions were held with representatives of both Nu-Lite Pty Ltd and of Claude Neon (Aust) Pty Ltd. This Agreement related solely to those devices erected and maintained on Council controlled roads, and is totally separate from the Agreement in place between Claude Neon (Aust) Pty Ltd and Queensland Department of Main Roads which covers those devices situated on State controlled roads. Nu-Lite Pty Ltd, as the successor to Claude Neon (Aust) Pty Ltd, was mindful of that prior Agreement, and was further mindful of establishing a sound business footing with Claude Neon (Aust) Pty Ltd.

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COMMENT: From the discussions as mentioned above, it was determined that a separate Agreement would be drawn up between Cairns City Council and Claude Neon (Aust) Pty Ltd to cover Claude Neon’s obligations under the previous Agreement. In essence, this Agreement allowed for the continuation of Claude Neon’s maintenance of those signs on Council controlled roads until such time as the advertising contracts for the signs expired, when Nu-Lite would either take over the sign or Claude Neon would remove and make good the surrounds as per the terms of the Agreement. The Agreement as attached (See Attachment 1) reflects these terms, and has been accepted by Claude Neon (Aust) Pty Ltd’s solicitors, A.B. Douglas and Associates.

CONCLUSION: This Agreement is necessary to allow for the seamless change management of those existing illuminated devices on Council controlled roads. By the terms of this Agreement, the business interests of Claude Neon (Aust) Pty Ltd will be protected, and the continuity of maintenance of those existing devices ensured. ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE

ATTACHMENTS: Agreement between Cairns City Council and Claude Neon (Aust) Pty Ltd Terry Davidson Manager Environmental Assessment Peter Tabulo General Manager City Development

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ATTACHMENT 1 Agreement between Cairns City Council and Claude Neon (Aust) Pty Ltd

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AGREEMENT Between CAIRNS CITY COUNCIL ABN 21 543 571 965 And CLAUDE NEON (AUST) PTY LTD ACN 000 006 520

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TABLE OF CONTENTS Page No. RECITALS:.………………………………………………………………………………. 3 DEFINITIONS…………………………………………………………………….. 4 2. ACKNOWLEDGEMENT………………………………………………………… 4 3. OWNERSHIP OF SIGNS……………………………………………………….. 5 4. COMMENCEMENT AND TERM……………………………………………….. 5 5. COMPANY COVENANTS………………………………………………………. 5 Council Consent Required………………………………………………. 5 Obtain Consents and Approvals………………………………………… 6 Standards…………………………………………………………………. 6 Inspect and Maintain Signs……………………………………………… 6 General Sign Repairs……………………………………………………. 6 Emergency Sign Repairs………………………………………………… 6 Pay Electricity Charges………………………………………………….. 7 Indemnify Council………………………………………………………… 7 Public Risk………………………………………………………………… 7 Annual Licence Fee…………………………………………………… 7 Not Assign or Transfer…………………………………………………… 7 Comply with Provisions, Statutes, Etc…………………………………. 7 Pay Legal Costs………………………………………………………….. 8 Vacant Space on Advertising Signs……………………………………. 8 6. COUNCIL COVENANTS……………………………………………………… 8 Company’s Exclusive Rights……………………………………………. 8 Disturbance to Road, Pavement, Etc………………………………….. 8 7. POSITION OF SIGNS…………………………………………………………… 9 Amendment Specifications……………………………………………… 9 (b) Company to Remove Signs……………………………..……………… 9 (c) (b) Default by Company…………………………………………………… 10 (d) (c) Service of Notice…………………………………………………………. 10

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AGREEMENT DATED: PARTIES: CAIRNS CITY COUNCIL (ABN 21 543 571 965) a local government under the Local Government Act 1993 having its public office at 119 – 145 Spence Street Cairns in the State of Queensland. (“Council”) CLAUDE NEON (AUST) PTY LTD (ACN 000 006 520) of 10th Floor, 28 The Esplanade, Perth in the State of Western Australia. (“the Company”) RECITALS: A. By Agreement dated 18 December 1985 the Company agreed with Council of City of Cairns to erect certain illuminated street name signs on roadways under the control of the Council upon condition that the Company be permitted to erect and display advertising signs in association with such illuminated street name signs. B. The Council is the statutory successor to Council of the City of Cairns. C. The Company exercised the Option of Renewal as contained within that original Agreement, and entered into a further Agreement with Council which expired on 17 December 2000. D. The Company entered into an Agreement dated 4 March 1997 whereby the State of Queensland acting through the Queensland Department of Main Roads (“the Licensor”) agreed to grant to the Company (“the Licensee”) a Licence for the erection and maintenance of Advertising Devices on certain locations on State controlled roads in the Licensed Territory in accordance with the terms and conditions of that Agreement. This Agreement has a term of five (5) years, with an option for the Company to be granted a further Licence for that same term upon written notice to the Licensor. E. The Company and the Council have agreed on the terms on which the Company can maintain its obligations under the Agreement between the Council and the Company which expired on 17 December 2000.

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IT IS AGREED: 1. DEFINITIONS In this Agreement unless inconsistent with the context or subject matter: “advertising signs” means that part of the prescribed signs which contain an advertisement approved of in accordance with this Agreement; “Council controlled roads” shall mean all roads within the Council area other than State controlled roads; “Licence” shall mean that Agreement entered into with Queensland Department of Main Roads on 4 March 1997; “prescribed signs” means illuminated street name identification signs with attached advertising signs erected in accordance with the specifications as may be approved by Council in accordance with clause 7(a) herein; “street name signs” shall mean that part of the prescribed signs which contains the name of a road to which such sign relates. “State controlled roads” shall mean all roads within the Council area under the control of the Queensland Department of Main Roads; The headings contained in the Agreement are for ease of reference only and shall not affect in any way the interpretation or construction of this Agreement. In this Agreement: (A) the masculine gender includes any other gender; (B) the singular number includes the plural number and vice versa; (C) “month” means a calendar month. 2. ACKNOWLEDGEMENT A) Council acknowledges the terms and conditions of the Licence entered into between the Company and Queensland Department of Main Roads for the erection and maintenance of Advertising Devices on certain locations on State controlled roads within the Licensed Territory as specified within that Licence. Council further acknowledges that those Advertising Devices erected under that Licence and previously approved by Council, do not require any further approval from Council.

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B) The Company acknowledges that the approval of Council must be obtained as specified within Clause 5(a) prior to the erection of any Advertising Devices on State controlled roads from the date of this Agreement. C) Those signs situated on Council controlled roads may continue to be maintained and operated by the Company at its own expense and cost until such time as the advertising agreement current at the date hereof expires, at which time:- (i) The Company may reach agreement with Nu-Lite (or other party authorised by the Council) as to the removal of the sign and the transfer of ownership of the electrical wiring, in which case the Company will remove the sign in accordance with that agreement but have no further responsibility to remove the wiring or to reinstate the footpath, failing which (ii) The Company will remove the sign and electrical wiring (to ground level) within three months from the date of expiry and reinstate the footpath, and at its own expense and cost clean up, repair and make good to the satisfaction of the General Manager City Development any damage whatsoever to the streets, or surrounds caused and brought about by such pulling down, dismantling and removal PROVIDED FURTHER THAT any of the prescribed signs or part thereof not pulled down, dismantled or removed within the aforementioned period shall thereafter become and remain the property of the Council and no compensation or other monies shall be payable by the Council to the company in respect thereof. . 3. OWNERSHIP OF SIGNS Subject to the provisions contained in Clause 2 and 7 (b) herein, the signs shall at all times be and remain the property of the company and at the termination of this Agreement, the company shall be entitled to remove them. 4. COMMENCEMENT AND TERM This Agreement shall commence on the 18th day of December 2000 and shall unless sooner determined as hereinafter set out continue subject to the provisions of Clause 2(b) (c) for those pre-existing prescribed signs on Council controlled roads and for the currency of the Licence Agreement with Queensland Department of Main Roads for those advertising devices on State controlled roads.

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5. COMPANY COVENANTS The Company hereby agrees with Council: Council Approval Required (i) The Company shall before erecting any further of the prescribed signs on State controlled roads submit to the Council for its prior written approval a proposal which shall include: (A) a plan showing the exact location of such prescribed signs; (B) details of advertising to be placed upon the advertising signs; and (C) such other information as the Council may require. (ii) That in considering any such proposal for approval the Council may: (A) approve the proposal; or (B) refuse to approve the proposal; or (C) approve the proposal subject to such conditions as the Council deems fit. (b) Obtain Consents and Approvals (i) That the Company before erecting any prescribed sign shall obtain at its cost and expense any necessary consents or approvals required under any legislation. (c) Standards (i) That the Company shall erect the signs in accordance with the standard approved by the Regulator pursuant to the Electricity Act 1994 and in accordance with the relevant standard Australian Codes of engineering and mechanical practice. (d) Inspect and Maintain Signs (i) That the Company at its own cost and expense shall regularly inspect the prescribed signs and undertake any repairs or maintenance necessary to ensure same are in good working order.

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(e) General Sign Repairs (i) That the Company shall repair the prescribed signs at its cost and expense within fifteen (15) working days upon receiving written notice to do so from the Council’s General Manager City Development or delegate. (f) Emergency Sign Repairs (i) In the event that a sign is rendered unsafe in the opinion of the General

Manager City Development by reason of the negligent or intentional act of a third party or storm and tempest or fire then the Council may take such steps as it deems prudent to make the sign safe. The reasonable cost of such work may then be charged to the Company and shall constitute a debt by the Company to the Council recoverable in any Court of competent jurisdiction. Neither shall the Council’s actions so exercised be construed as being in any way adverse to the rights of the Company provided always that such actions or repairs are limited to preserving the safety of the public users proximate to the sign and do not extend to general repairs and maintenance as provided above.

(g) Pay Electricity Charges (i) That the Company shall pay to the appropriate collecting authority on

demand the cost of electricity consumed by the prescribed signs. (h) Indemnify Council (i) That the Company hereby indemnifies and agrees to indemnify and

keep indemnified the Council from and against all claims, demands, actions, suits, and proceedings brought or to be brought against the Council arising from or out of the prescribed signs including the manufacture, installation, defective maintenance and/or defective materials of or in the prescribed signs, and/or works or excavations and/or obstructions caused by the installation thereof.

(i) Public Risk (i) The Company, shall before proceeding with the installation of any of the prescribed signs, procure at its own expense, a Public Risk Policy in amount of fifty million dollars ($50,000,000.00) to cover the activities contemplated by this Agreement and shall maintain such Policy in force throughout the period of this Agreement and pay all premiums thereon as and when the same shall become due and shall, if required by Council, produce receipts thereof to the Council within thirty (30) days after payment.

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(j) Annual Licence Fee (i) That the Company shall pay to the Council the annual licence fee applicable to the erection of electrical signs as calculated in accordance with such fees as are from time to time prescribed by Council. The fee shall be payable annually in advance on the first day of July in each year during the term of this Agreement, PROVIDED THAT in respect of any prescribed sign erected after the first day of July in any year during the said term the Council shall allow an adjustment of the fee calculated on a pro rata basis and PROVIDED FURTHER THAT no licence fee shall be payable where the Company is obliged to pay fees to another statutory body. (k) Not Assign or Transfer (i) That the Company shall not assign or transfer its rights or obligations under this Agreement without first obtaining the approval in writing of the Council which approval shall not be unreasonably withheld. (l) Comply with Provisions, Statutes, Etc

(i) That the Company shall at its own cost and expense comply with all of the provisions of all statutes, statutory regulations, local authority Local

Laws for the time being in force so far as the same may concern or relate to the prescribed signs or for the purpose for which the time is used. (m) Pay Legal Costs (i) That the Company shall pay all costs incurred by both parties of and

incidental to the preparation, execution and stamping of this Agreement.

(n) Vacant Space on Advertising Signs (i) In the event that the Company, for reasons other than Council’s

consent not being granted, is unable to commercially lease the advertising space of an existing sign for any period during the currency of this Agreement, then the Company shall forthwith notify Council that the space is temporarily vacant and the Council may thereupon elect to utilise the said space by way of displaying advertising panel of its own choice and design for so long as the Company continues to be unable to commercially lease the said sign and the Company agrees to manufacture the said panels according to the Council specifications and the Council agrees to pay the reasonable costs of such

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manufacture, installation and subsequent removal but the Council shall be entitled to the display thereof free and gratis.

6. COUNCIL COVENANTS The Council hereby agrees with the Company: (a) Company’s Exclusive Rights (i) That the Council shall not grant during the period of this Agreement a

permit to any other person or company for the right to either: (A) erect advertising signs or sign of any other type or description upon the prescribed signs; or (B) erect the prescribed signs or signs of a like nature in the area of the former Council of the Shire of Mulgrave now known as the Cairns City Council. with respect to State controlled roads. (b) Disturbances to Road, Pavement, Etc (i) That the Council shall allow the Company to disturb the pavement and roadway to the extent reasonably required to install the prescribed signs as provided in this Agreement PROVIDED THAT before such installation shall commence the Company shall give forty-eight (48) hours written notice to the Council of such intent and PROVIDED FURTHER that it shall forthwith at its own cost and expense clean up, repair and make good to the satisfaction of the General Manager City Development or his delegate any damage whatsoever to streets, footpaths, lands, locations or surrounds caused by such installation.

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7. POSITION OF SIGNS The parties to this Agreement hereby agree: (a) Amendment Specifications (i) That the Company may from time to time submit to the Council for its written prior approval an application to amend the standard specifications for the prescribed signs. Such application shall include: (A) a plan showing the amendments; and (B) such other information as the Council may require. (ii) In considering any such proposal for approval, the Council may either: (A) approve the proposal; or (B) refuse to approve the proposal; or (C) approve the proposal subject to such conditions as the Council thinks fit. (b) Company to Remove Signs (i) Subject to the provisions of Clause 2(c), that the Company shall pull

down, dismantle and remove each of the prescribed signs maintained by

the Company in accordance with this Agreement within three (3) calendar months of the expiry of the Licence and at its own expense and cost clean up, repair and make good to the satisfaction of the General Manager City Development any damage whatsoever to the streets, or surrounds caused and brought about by such pulling down, dismantling and removal PROVIDED FURTHER THAT any of the prescribed signs or part thereof not pulled down, dismantled or removed within the aforementioned period shall thereafter become and remain the property of the Council and no compensation or other monies shall be payable by the Council to the company in respect thereof.

(C) (B) DEFAULT BY COMPANY (i) That if the Company shall commit any breach of this Agreement or shall

fail to observe any provision on its part to be observed and shall not

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remedy the same within fifteen (15) working days after the Council shall have given notice in writing in accordance with Clause 7 (d) herein to remedy the same or if the Company shall be wound up then on the expiration of such period of fifteen (15) working days or the date of the winding up of the Company this Agreement shall forthwith be determined and the signs shall be removed in accordance with Clause 7 (b) herein AND neither party shall have any right of action against the other in respect thereof save in respect of any antecedent breach by either party.

(d) (c) Service of Notice (i) That any notice to be given under this Agreement shall be deemed to be

sufficiently served and any proposal to be made under this Agreement shall be deemed to be lodged if delivered personally to or mailed by prepaid ordinary post to a party at its address shown herein or such other address as a party may from time to time notify to the other and shall be deemed to have been received upon the second day following the date of posting except where any notice or proposal is posted on a

Saturday, Sunday, or public holiday where it shall be deemed to have been received on the second ordinary business day following posting.

EXECUTED AS AN AGREEMENT GIVEN under the Common Seal of CAIRNS CITY COUNCIL in presence of KEVIN BYRNE and Mayor

DAVID FARMER The Mayor and Chief Executive Officer of the Council respectively who have hereunto subscribed their names in the presence of: _______________________ ____ Justice of the Peace Chief Executive Officer

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The COMMON SEAL of CLAUCE NEON (Aust) PTY LTD (ACN 000 006 520) was hereunto affixed pursuant to a resolution of the Board of Directors Director and in the presence of: Justice of the Peace Secretary

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ORDINARY MEETING

29 MARCH 2001

18

ILLEGAL SALE OF VEHICLES ON ROADS T. Davidson: 18/67/1-03: #278146

RECOMMENDATION:

That Council resolves, subject to legal advice, Local Law No.22 (Activities on Roads) be amended to allow for on-the-spot fines and/or the towing away of vehicles utilising regulated parking areas for the purpose of private sale.

INTRODUCTION: The ‘backpacker’ market is the fastest growing segment within the tourist industry in Cairns, and as such, is a significant contributor to the overall economic fortunes of this area. The composition of the ‘backpacker’ market has undergone a marked change over the years towards a more mature group, who are predominantly tertiary educated. A small proportion of these travellers elect to travel via privately purchased vehicles, and then seek to sell these before their departure home.

BACKGROUND: The number of vehicles offered for sale by the ‘backpacker’ market is seasonally driven, with the dry season seeing an increase over the wetter months. Traditionally, the Esplanade is seen as the convergence point for travellers because of its proliferation of eating establishments and accommodation houses. There is an awareness amongst this group that the selling of vehicles on the Esplanade is illegal, evidenced by the adopted practice of having the rear door left open to signify that the vehicle is for sale as opposed to the display of a ‘for sale’ notice.

COMMENT: Local Law No. 22 (Activities on Roads) is the means available to Council to control all activities being undertaken on Council controlled roads. If a breach of this local law is detected there are a number of prescribed steps, which must be followed. Initially, a Notice to Remedy Breach must be issued. If the breach is not remedied, a fine may then be given. There are no provisions for the removal of a vehicle for sale or for its confiscation. In the case of vehicles being offered for sale on the Esplanade, the removal of the ‘for sale’ notice is classed as remedying the breach.

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The Esplanade is a regulated parking area, with parking fines applicable to vehicles that stand at expired parking meters. In the past, all hostels have been asked to display a poster that details that it is illegal to offer vehicles for sale from regulated parking places along the Esplanade. These posters will again be distributed, and asked to be prominently displayed. Presently, Council has two (2) Local Laws Enforcement Officers, who patrol an area from Ellis Beach to Miriwinni. To assist in the patrolling of the Esplanade, the Security Officers employed under Contract by Council have been instructed as to the provisions of Local Law No. 22, and are now actively warning those people found to be in violation of these provisions, in addition to their other duties. It is well recognised that the issuing of fines for these offences is not productive, with the majority being left unpaid when the person fined returns overseas. The fines, if unpaid, are referred to SPER (State Penalties Enforcement Register), which, in turn refer them to the Magistrates Court, from which a summons may be issued. This summons remains active and comes into force should the person return to Australia in the future. All up, the fines are usually written off as revenue for Council at the end of each year with the total amounting to thousands of dollars. Proposed Action Nevertheless, it is proposed to mount a concerted campaign against those selling vehicles on the Esplanade. This project will involve officers from Council, Queensland Police and Department of Transport, and will be conducted during May and June 2001. Council officers will make use of the provisions of Local Law No. 22 (Activities on Roads) to issue Notices to Remedy Breach, while officers from Department of Transport and Queensland Police will operate under the Transport Operations (Road Use Management – Vehicle Standards and Safety) Regulation 1999. Under the Transport Operations (Road Use Management – Vehicle Standards and Safety) Regulation 1999, all vehicles offered for sale must display a safety certificate, and failure to do so incurs an on-the-spot fine of $375 for breaching section 20 of those Regulations. The ability to, and the willingness to, participate has been confirmed by the Department of Transport through Mr Gary Clarke (Manager, Compliance Northern, Townsville) and Queensland Police through Sergent Will Attwood (Esplanade police Beat, Cairns). The combination of this project, together with the increased presence on the Esplanade through Security Patrols and the advertising in all hostels, will at least in the short term deter travellers from offering their vehicles for sale along the Esplanade. Ongoing Action An undertaking such as that outlined above requires the intensive use of resources from many departments, and is unsustainable in the long term because of resource constraints.

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To achieve one avenue of resourcing, Environmental Assessment Branch has recently undergone internal restructuring, whereby the position of Public Health Development Officer has been abolished to allow a new Local Laws Enforcement position to be created. This has not required any additional budgetary allocation, but has curtailed an important function of that Branch. In this way, greater enforcement capability has been afforded with respect to Local Laws, and will allow for greater ‘on the street’ presence. As with most of Council’s Local Laws, breaches must first be served with a Notice to Remedy, and then fines may be applied if the breach subsequently continues. The amendment of Local Law No. 22 (Activities on Roads) to allow officers to have the power to confiscate vehicles offered for sale, and their towing away, would allow this activity to be curtailed with immediate effect. Legal advice would need to be sought to clarify these powers and their application, given that any car displaying a ‘for sale’ sign and parked within a Council regulated parking zone would be subject to these provisions. The future of parking along the Esplanade is currently under review with the Esplanade Redevelopment Plan, and as such is beyond the scope of this report. However, it is noted that suggestions have been put forward that sections of the Esplanade should be restricted to private vehicular traffic, allowing only for public and delivery access. If enacted, this would certainly remove the problems associated with the use of the Esplanade for the selling of vehicles by travellers, but would only result in the problem arising elsewhere. The enforcement of time limits for metered parking by the ‘chalk marking’ of tyres needs to be seriously revisited, and would in some small way assist with the control of vehicles parked along the Esplanade.

CONSIDERATIONS: Statutory: As stated elsewhere, officers are restricted in the extent to which they can affect the situation along the Esplanade. Whilst they can cause the activity of selling vehicles to cease, they cannot cause the vehicles to be moved. If the end result is to allow greater access to parking area along the Esplanade (or elsewhere), the current Local Law No. 22 (Activities on Roads) lacks the provisions to allow this to occur. Social: It is important to note that this is not an exercise directed solely at the backpackers, but the response to legitimate concerns raised by residents and ratepayers of Cairns. Local Laws as enacted by Council apply to everyone within the boundaries of Cairns City Council, and must be applied equally.

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CONSULTATION: Detailed discussions have been held between officers of Council and their counterparts at Queensland Police and Department of Transport. All sides have put forward their suggestions and have agreed to the concerted approach to be adopted.

CONCLUSION: Council is very aware of the real financial contribution made to the Cairns economy by the ‘backpacker’ market. However, the constant flouting of its Local Laws by a small percentage of this market, despite repeated notices as to the illegality of the activities undertaken, has sparked the call for sterner measures to be adopted. The current Local Law No. 22 (Activities on Roads) lacks the necessary ‘bite’ to act as a true deterrent. The powers of confiscation and towing away are seen as necessary steps to achieving the required ‘bite’ and to provide the necessary long term solution. The project to be undertaken in conjunction with Queensland Police and Department of Transport in May and June 2001 will provide short term results only. ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE

Terry Davidson Manager Environmental Assessment Peter Tabulo General Manager City Development

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ORDINARY MEETING

29 MARCH 2001

19

SHIELD STREET UPGRADING – CONSULTATION RESULTS

George Pegoraro:GC: 8/26/12-02: 273682

RECOMMENDATION:

That this report be noted.

INTRODUCTION: A concept plan for the Shields Street redevelopment between Grafton Street and the Esplanade, which consolidated earlier feedback, was placed on public display to allow final comment prior to final design and works commencing.

BACKGROUND: Concept Plans were displayed at the Chambers, City Library and City Place. Pamphlets outlining the aims of the work were made available to the public. Small sized plans of the concept plans were available to people to take away and consider the proposal. Public notices were placed in the Cairns Post and property owners and business proprietors were mailed information directly. The public was encouraged to respond under specific headings to enable easier summation of views for: Safety City Place performance area Water features Playground Outdoor dining All weather covered walkways Landscaping Public artworks Proposed timetable Other

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COMMENT: The consultation phase has been successful as it drew responses from traders, special interest groups, performers and residents. The level of response, however is low. As expected the majority of comment was focussed towards City Place.

An offer to contribute financially to the extension of the current limits of work and enhancements of the works fronting the old Commonwealth Building on the corner of Grafton and Shields Streets has been received. Discussions are under way with a view to a mutually beneficial outcome.

CONSIDERATIONS: Statutory: Nil Policy: Nil Financial: Discussed in detail in the Shields Street status report. Social: Will improve the visual amenity, security and operation of the Shields Street precinct for residents, visitors and businesses.

CONSULTATION: Considerable public comment was received ranging from individuals to special interest groups and tenants over the four (4) week consultation period. Attached is a copy of the summary of reposes compiled by Echo Media. Special interest groups were also met to allow a verbal presentation of their written submissions. The issues requiring further consideration in the project include:- 1. Role of the City Place performance area 2. Type of water features 3. Timing of works

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OPTIONS: Options available to Council for the issues drawing most responses are as follows:- (i) City Place Performance Area

Performance Area Throughout the consultation there was a very strong representation from performance groups to keep a high standard performance area in City Place. The emphasis was to keep and enhance the current facility. Discussions with various industry group leaders indicated that the soundshell had served its purpose and no longer should be the focus of City Place. The current concept identifies a reduced standard performance area at ground level. It will not suit the full range of current users. City Place management have indicated that either the current facility be enhanced or it be removed totally and other sites used by performers. It is considered that an informal performance area at ground level with no seating may become a “white elephant”. Remove entirely and not provide a performance area. Allowance can still be made for displays or special events. A strategy to manage the displacement of performers will be required. Replace the existing facility with a lesser facility that could support most types of performances but allow the use of its space at other times. Some management of displaced performers may be required. Keep the facility exactly as is and enhance it with additional features such as dressing rooms and storage Replace the existing facility with one which matches or exceeds the current level of service (ii) Water Features While most liked the incorporation of water the creation of large open water

areas/surfaces or ponds brought a negative reaction. The use of moving water to provide a visual and aural stimulus was preferred. Water features are used in the draft CBD Streetscape Masterplan as linking elements along various streets. The number of water elements may need review.

(iii) Timing Various options are available to Council in terms of delivery of the project. The consultation highlighted the need to perform the works in as short a timeframe as possible.

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CONCLUSION: The public consultation phase was considered successful in terms of the types and standard of responses and the range of stakeholders that participated.

There are various issues that will require some further consideration. A review and finalisation of the City Place area can now occur. ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE

ATTACHMENTS: Report on Shields Street Redevelopment consultation by Echo Media Communications Pty Ltd. GEORGE PEGORARO ACTING MANAGER PROJECT SERVICES JOHN HAWKES GENERAL MANAGER CITY SERVICES

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Doc. #278314 REPORT ON SHIELDS STREET REDEVELOPMENT CONSULTATION

CONDUCTED BY ECHO MEDIA COMMUNICATIONS PTY. LTD February 14, 2001

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CONTENTS Executive Summary

Introduction Methodology Detailed Findings

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EXECUTIVE SUMMARY

As the project managers for the Shields Street Redevelopment Community

Consultation, we were in receipt of a total of 72 submissions as follows.

General public including: Indigenous Reference Group at Council Strikes Buses Industry groups including: NDIA Committee Royal Australian Institute of Architects, Far North Queensland Region. Performer groups including: Cairns Junior String Orchestra Cairns Senior Ensemble Carrs Country Cairns Jazz Club Inc., Cairns Ballet & Dance Society Inc., Cairns Scottish & Irish Dance Company Jane Linstead, Conductor of the Cairns Concert Band Dance Scapes/Dance Bizzazz Dancer’s Workshop Cairns Youth Orchestra Tenants/Property Owners including: Cairns Health Service District Croft Clauson Jewellers Pearse Coleman & Associates Pty. Ltd Fortwing Pty. Ltd Tarilas Pty Ltd Families Youth & Community Care, Queensland Glenda McAuliffe, City Place Manager

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QANTAS Travel Papillon Restaurant All Bar One Restaurant Impact Consultants Cold Rock Ice Creamery Walkers Book Shop The comments received from the general public and performers concentrated on the performance area. Those received from tenants and property owners tended to comment on many of the individual elements of the development. Those received from the industry groups focused on the design as a whole and, in particular, its integration with the city. In analysing the comments additional weighting was given to submissions from industry and special interest groups as their comments were on behalf of their membership. Also these groups are likely to have a more in depth knowledge of the issues pertaining to the project and which relate to their particular interest. With this in mind -

The current Concept Plan considered overall - whilst many individual aspects were noted to have merit, when considered as a whole it was commented that the Plan seemed to have been developed without due consideration to its integration with the rest of the city, or to defining the purpose or function of Shields Street and City Place. Comments that it lacked the “wow” factor and that the design was lacklustre were received. Many felt that the design was minimalist and cluttered. A number queried whether any consideration had been given to the opening up of Shields Street to traffic to create a boulevard from Cairns Central to the Esplanade. (These Overall Comments are listed at the end of the Detailed Findings section.) Safety received relatively few comments. These mainly included a call for more and upgraded lighting and increased police presence.

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In regards to the performance area, this element was the feature most commented

on. The majority expressed concern that the design that is proposed may not be

an improvement on the current performance area, which is functionally very good.

According to performers, it current size, design, location, acoustics, lighting, etc.,

suits performers very well indeed. The structure proposed appears to lack key

elements such as lock up storage, solid timber floor etc. Similarly the current

configuration of the area set aside for the audience is considered good, particularly

as it includes tiered seating. There was concern that the area proposed for the

audience was inadequate. There did not appear to be any seating included and

many who responded called for under cover seating for at least 200 designed in

such as way that they could see the stage. The new design also needs to cater for

disabled people.

Water features attracted considerable comment, which were all very similar. Although welcomed in principle – water features were considered very appropriate for our tropical environment, almost all expressed strong reservations with regards to safety, health and hygiene. Many suggested that any water reservoirs should be underground and that water features should only be cascading or interactive water. The proposed playground did not attract significant comment, however, what was received appeared to be divided. There was some concern about maintenance and cleaning particularly with its proposed location underneath the big fig tree. This area is not only dark and damp from the fig tree, which also drops leaves, but it was noted that the current children’s apparatus has been soiled in the past from itinerants. Other respondents thought its location and composition with its “tree house” effect, most suitable. Outdoor dining did not attract significant comment but was unanimously supported. Covered walkways attracted limited comment. Although the introduction of covered walkways to facilitate pedestrians moving around the city was approved, the proposed flat clear structures were questioned. There was concern with regards to maintenance – it was anticipated that leaves and rubbish would drop on them making them unsightly and whether they would afford any sun protection, which was considered vital in our climate.

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The landscaping component attracted quite a lot of comment and was generally well received. There was a call for more colour, natives and perfumed plants to be included. There were also comments regarding seating which were quite opposing. Some respondents called for more seating for people to relax in an attractive environment, others asked for all seating to be removed, with the exception of bus stops and taxi ranks, as they tend to attract undesirables. There was also comment that the new paving (already laid in Shields Street) although visually pleasing requires on-going maintenance and cleaning otherwise it quickly deteriorates. It was also noted that it needs to be more robust than that already laid in the completed section of Shields Street which according to some respondents, includes areas which are already breaking up. Artworks – this attracted moderate comment. There was total support for artwork to be included in the redevelopment. There was a suggestion that public or amateur submissions should be included – perhaps through local competitions. There were strong recommendations that the artistic component should be considered and included as early as possible in the planning process.

Regarding the proposed timetable, this attracted little comment - there was a call for it to be kept as short as possible to minimise disruption for businesses, however the industry groups also cautioned in proceeding too quickly with a scheme that was not appropriate. Suggesting that more time spent in planning to get something correct would be time well spent. There was a large number of additional comments on individual items, which do not fall under the headings above. A selection of these are listed at the end of the Detailed Findings section. These include; a requirement for more bike racks, the inclusion of flags and banners, a call for an information booth possibly manned, a call to remove or reduce the size of the large trees as they camouflage buildings, a suggestion to theme the front of key buildings with a colour scheme which could be partially funded by Council, a requirement for more parking and many others.

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There was also comment on the consultation process. These particularly came from the industry bodies and peak bodies who have interest in this proposal. They call for cross industry consultation to develop a plan, which suits the city. A number of the industry bodies, peak bodies and individuals expressed a wish to be included in any workshops or further development of the Plan. Finally there were a few questions that were forwarded to Council’s technical representative to respond.

INTRODUCTION

Up to $10 million has been committed by the State Government towards the Cairns CBD Revitalisation Project over the next three years. The project aims to upgrade the inner city and to provide an interface between the CBD, Cityport and the Esplanade redevelopment. One of the first initiatives is the upgrade of Shields Street from Grafton Street to the Esplanade, which will complement the section of Shields Street already upgraded (McLeod Street to Grafton Street). Following an initial round of public consultation in mid 2000, Council developed a concept plan. This was put on public display for a three week period from January 15, 2001 to February 9, 2001 and public comment was invited. METHODOLOGY

PUBLIC DISPLAYS

Three displays were prepared which depicted the concept plan. These were located in the Council foyer, the City Library and City Place booking office. Each display consisted of:

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two laminated display panels to explain the issues, the key features of the redevelopment, the background to the project and the timetable; colour laminated panels of the concept plan; black and white double sided A4 copies of the concept plan; an A4 folder to DL single colour information leaflet an Invitation to Comment form.

MAIL OUT A letter from the City Council together with the photocopies of the concept plan and the information leaflets were either mailed or hand delivered to all property owners and tenants along Shields Street in the week commencing January 15, 2001. The letter invited them to comment on the concept plan.

ADVERTISING An advertisement was placed in the Cairns Post on Saturday, January 13, 2001 advising the community of the locations of the displays and inviting them to comment on the concept plan.

PRESS CONFERENCE Council organised a press conference that was attended by Councillor Margaret Gill, Deputy Mayor and Desley Boyle, Member for Cairns. This was scheduled for February 12, 2001.

CONSULTATION For the four week consultation period, Echo provided a monitored 1800 line, facsimile, free post address and email.

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DETAILED FINDINGS

A total of 72 submissions were received on the concept plan. These were as follows: 13 by telephone (plus 9 questions) 22 by email

5 by fax by free post. To assist with processing submissions, comment was invited under various headings. These have been used to provide detailed analysis. The total number of comments received under these headings is noted to give an indication of relative importance respondents give to each. (Note - Most respondents commented under more than one heading) The dot points noted below are ‘actual comments’ taken from responses received and they have been selected to provide an indication of the range of comments received. The recommendations are made from qualitative analysis of the responses and reflect the majority view.

SAFETY Total Number of Comments Received

22

Conclusions Support for increased security including increased police presence.

Representative Comments Needs security cameras. Increase law enforcement because of intoxicated people and the possibility of defacement. Need increased police presence. Lighting must be improved.

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CITY PLACE PERFORMANCE AREA

Total Number of Comments Received

105

CONCLUSIONS

The current performance area appears to be very practical and suits

the type of performers it currently attracts. The grassy knoll

providing tiered seating also suits the audience. If a performance

area in City Place is retained and the type of performers and

performances remains the same, then any changes must be an

improvement otherwise it will not be used.

Particular note is made of the type of stage, the size of the stage, the

need for lockable changing rooms, access for deliveries, a need to

retain good acoustics and lighting etc.

Our audience should have covered tiered seating for 200 plus and

be able to see the feet of the performers.

Representative Comments

Keep the performance area in City Place. Why change it? The performance area should be weatherproof. The seating and the stage, as it is now is okay, why change it? There should be lockable areas for performers and changing areas for performers. Access to the stage as it is, is good. There should be no drift of water from water features. Current access for delivery vehicles is good. It needs a sprung wooden floor. It needs all weather audience shelter. The concept does not provide for storage or dressing areas.

• Removing the grassy mound will make seeing the performances

harder – what about the safety of the elderly?

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• The low stage and flat roof will not enhance performance appeal

of artists.

• The sound shell should say and perhaps the height of the seating

could be decreased.

• It must have wheelchair access.

• Need a locked area.

• Need cover for the audience.

• What about a sunken amphitheatre.

• Current size of the stage is good.

• The acoustics are good now, it is changed as per the concept

plan, it will not be good.

• Undercover seating is required. So are dressing rooms and

cover for the audience.

• It shouldn’t be changed.

• Needs storage area.

• Needs three flag poles close the stage.

• Acoustics are of very high standard.

• Should have wood floor, be able to see performers’ feet, bigger

stage area, lockable rooms, seating for 200 plus.

• Would like to retain the grassy knoll and shade the knoll.

• Remodel but retain the knoll, reduce it to about half size.

• Have changing rooms and these should be bigger.

• Keep the performance area in the City Place.

• This design has given no consideration to the purpose of the

performance area.

WATER FEATURES

Total Number of Comments Received on Water Features

32

Conclusions

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Water features seemed to be welcomed but with reservations based

on safety, health and hygiene.

Our water reservoirs should be below ground and the proximity of

businesses considered when location/s is/are decided.


• Yes. Looks good but carefully because of indigenous and

backpackers having baths etc.

• Interactive water will be okay.

• Shallow water will be okay.

• Good.

• Reflective pools need attention because of algae, moss, rubbish

and bathers.

• What about using small cascades?

• Dangerous for children because of drowning.

• Water tends to be misused and can be a health and hygiene risk.

• Okay, if not a bath.

• Not good.

• Not a good idea because of itinerants.

• Yes.

• No above ground reservoir to be vandalised or polluted.

• More work – dull.

• Wrong location – close to retail.

PLAYGROUND


15

Conclusions

Comments on the inclusion of a playground seem to be divided.

There is concern about structure needing regular cleaning and

maintenance to ensure it is safe for children. Also that its location

may not be ideal within

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the CBD and under a large tree dropping leaves. Others support

both the location and the ‘tree house’ effect.


• Needs cleaning regularly.

• The concept shown is not very exciting.

• Good

• Yes.

• Good – tree house effect.

• Include games e.g., chess for elderly.

• Include custom designed clock.

• Not a good location in business district.

OUTDOOR DINING


13

Conclusions

Outdoor dining is generally supported.


• Okay.

• Yes.

• Outdoor dining tables attract pigeons which are health and

hygiene issue.

• Good.

• Always to be encouraged.

• This is to be encouraged.

ALL WEATHER COVERED WALKWAYS

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Conclusions

There is concern that the clear flat coverings proposed for the

walkways will require cleaning, may not block the sun and cancer

causing rays.


• Covered walkways – any proposed coverings must join between

buildings.

• Clear roof is a problem because of cancer

• A clear covering on the walkways will catch leaves and need

cleaning.

• “Ho hum” flat structures will not enthuse too many.

• Transparent roof problems.

LANDSCAPING


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Conclusions

Integration of the completed part of Shields Street with the proposed

redevelopment is desirable. There was a call for more seating in

contrast to a call for removal of all seating other than taxi ranks and

bus stops as seats attract undesirables. The inclusion of more

colour, natives and perfumed plants was called for.


• More of the same – no “wow” factor to entice people back to the

city.

• Good.

• Yes.

• Use native trees and attractive rubbish bins.

• Retaining the big shade trees is good.

• We need more seating for lunches.

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• The blue light poles and rubbish bins should be followed

throughout Shields Street.

• There should be more signs with bus information on them.

• Introduce more colour/natives/perfume.

• Introduce more seating.

• Remove public seating because it attracts drunks, except for taxi

ranks and bus stops.

• Remove covered walkways.

• The quality and thickness of the proposed paving may need

reviewing.

• Cleaning/maintenance of the proposed paving and coverings

should be considered.

• The new paving in Shields Street is breaking up in sections and

needs to be thicker.

• The paving looks good but needs cleaning.

• We should have drinking fountains in the CBD.

PUBLIC ARTWORKS


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Conclusions

There was unanimous support for the inclusion of public artworks.

An opportunity to include public (amateur) submissions and/or

integrate an arts theme throughout the area in many aspects of the

redevelopment were noted.


• Fantastic opportunity to look at this area as an “artwork”.

• Yes.

• They should be useful, i.e., seating rather than just decorative.

• Good.

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• Could we run a competition and use children’s art and amateur

art rather than professional art.

• To be encouraged

• Important that it is included as essential part of planning stages,

not as an afterthought.

TIMETABLE


5

Conclusions

There was a call for the construction time to be kept as short as

possible to minimise disruption to businesses. But also a caution by

the industry bodies that we should not rush into construction if we

are not confident the design is right.


• Make shorter.

• The construction period is during the peak tourist months.

• The design must be right before we go ahead.

• It is vitally important that the good ideas are pulled together in a

coherent theme even if it lakes longer.

OTHER COMMENTS

• We need an information booth, possibly manned.

• We need to improve drainage to prevent flooding.

• This is not serious consultation, there is no purpose to the design

offered.

• More money should be spent on roads and parks, not the CBD.

• There is a perceived lack of parking in the area between Deebs

and the late night chemist where the Shields Street Community

Health Facility is and the delivery point in front of the TAB

appears to have gone. These should be reinstated.

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• Request for variable parking to accommodate buses delivering children

to the performance areas. For example, putting hoods over the parking

metres.

• Yes, we should get rid of the sound shell.

• Shields Street should become a pedestrian mall like Queen Street in

Brisbane.

• Need more bike racks.

• Need tourist information office.

• Flags and banners are good.

• Raised pedestrian crossings to pavement level.

• Enhance building with appropriate lighting, reduce trees interfering with

views.

• Remove most of large trees and plan less dense trees.

• City Place currently a dividing feature not a central attraction.

• Has any consideration been given to opening up City Place to traffic?

• There should be a boulevard created between Cairns Central and the

Esplanade.

• The Shields Street/Esplanade junction should become a feature

entrance.

• Theme fronting buildings with colour scheme.

• Take into consideration future “people mover” corridor using Shields

street.

• Design is lacklustre.

• No “wow” factor.

• Minimalist design.

• Demolish City Place and open up to traffic – create a boulevard effect.

• How does this all integrate with other developments in the Master Plan

for the city?

• How does this current design fit into the “big picture?” What about

buses, cars, people, spaces, businesses, sun, rain, continuity, flair

etc.,? The list expands and needs addressing.

• Appears cluttered – does not open the area up.

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• Was there any consideration given to a boulevard effect from

Cairns Central to Esplanade without the impediment of the Mall

(including relocation of strategic fig trees)?

• Shields Street should be the primary pedestrian linkage from the

upgraded Esplanade lagoon area back into the Cairns CBD.

Therefore, should have a significant entrance feature artwork and

signage at intersection with the Esplanade “Shields street Mall”.

• The proposed plan seems to be more of the same – a tidy up of

what is already there.

• I can’t help but think there is an avenue of trees. This will

camouflage the buildings.

CONSULTATION PROCESS

• Landscaping should be part of the architects and engineering

division.

• Need industry workshops.

• Art is an essential part of the planning process.

• Strongly recommend meeting between consultants and other

relevant bodies.

• Consultation with “peak bodies” is cost effective and fosters

better relationships if done earlier.

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QUESTIONS

A number of the submissions received were in fact questions. These

were forwarded to Council who responded appropriately. Questions

included the following:

• How are the public artworks are to be handled.

• Concern about the level of footpaths.

• Tables and chairs need to be on level ground.

• More concern about footpaths and access.

• A request to see the working documents.

• Queries about timing.

• Query about not getting all the information sent out.

• Query on type of awnings.

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ORDINARY MEETING

29 MARCH 2001

20

FOGARTY PARK AMPHITHEATRE George Pegoraro:GC : 8/26/12-01: #278607

RECOMMENDATION:

It is recommended that:

(i) Council acknowledge the initial budget cannot accommodate the ultimate type of performance facility the majority of potential users would prefer.

(ii) A reduced scope performance facility be provided in Fogarty Park to allow events to occur with the provision of necessary supporting infrastructure provided by the event organisers. Allowances to expand and enhance the facility in the future are to be incorporated.

INTRODUCTION: A proposal exists for the inclusion of an amphitheatre in Fogarty Park that would help link with the Esplanade upgrading and City Port projects. This report updates the status of this matter and suggests a direction to progress this to finalisation.

BACKGROUND: As part of the overall CBD Revitalisation funding provided by the State Government, $750,000 has been assigned for the Fogarty Park Amphitheatre. It was considered that many of, or even the majority of, the four hundred and eighty (480) performances held last year at the City Place sound shell could be relocated to this new facility.

COMMENT: The intent of the amphitheatre is that it would become a performance hub. Many of the performances currently catered for at City Place sound shell could be relocated to this facility.

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The amphitheatre would also cater for special events and festival events. Some works will need to occur in Fogarty Park to link with the timing of works at Shields Street and the City Port North project. These works may include:- relocation of services and utilities construction of the diagonal path adjacent to the boundary of the revised pier carpark area linking Shields Street to Reef Plaza installation of semi-mature trees This work may be undertaken by Council or included in the scope of works of the City Port contractor. CONSIDERATIONS: Statutory: The intent of the Grant Agreement between the State Government and Council must be met. Policy: Nil Financial: The cost estimates prepared by Rider Hunt identify a cost of about $2,300,000 for an amphitheatre with ablution facilities or about $1,600,000 for a facility with stage only. To provide a very basic facility that can be extended in the future would cost about $200,000. Allowance will also need to be made for supporting facility hardstand areas, service realignments and pathway links. Available budget for the works is $750,000. Social: The provision of the amphitheatre is in line with Council’s commitment to supporting the city’s diverse community. CONSULTATION: Due to their involvement in an Arts and Cultural Strategy, KPMG were requested to seek input from a large range of potential users and relevant interest groups to scope the requirements of such an amphitheatre. A survey questionnaire to an extensive mail-out list, public notices and one on one interviews were conducted.

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Three major hotels in the area voiced their collective concerns through a joint letter. Their concerns were based on the location of the facility and its impacts relating to size, use, noise, traffic and parking issues, people movement, ablution and other facilities and security and operational issues. The common requirements for such a venue were compiled and forwarded to Cox Rayner to develop a concept design for the facility to enable a costing. The scoping study identified the following factors/items to be allowed for in the amphitheatre: Facility Features & Design Users will be primarily community based groups and entertainers presently using existing public performance space such as the City Place. The facility must cater for a variety of performance activities and the design will need to be flexible enough to cope. Stage to cater for a maximum of 100 people at any one time. Stage to be covered to provide weather protection for performers. Acoustics is a critical factor in design. Ramp access be provided throughout. Stage floor should be hardwood but allow for other appropriate floor covering to provide a non-slip surface for certain activities. Access to three-phase power and 6-10 power outlets provided around stage. Ensure a flexible sound system that caters to the majority of performances be installed. The security of this sound system to be accommodated. Ensure that the lighting be appropriate for the majority of performances. The minimum ceiling height of the facility should be 10m. Separate, secure storage areas be incorporated. Male and female dressing rooms to incorporate shelving and storage space, showers, full length mirrors, be well lit, hanging space, be airconditioned, have drinking tap water available and incorporate make-up benches and stools. Dressing rooms be soundproofed such that they can be used for “warm ups” simultaneously with performance. A toilet (with access for disabled persons) be incorporated into each dressing room. Public amenities will need to be located close by to cope with increased numbers of patrons. Security cameras, alarms and smoke detectors be incorporated. A security room for use by police and security guards be located within or close by.

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A first aid room be located in or nearby the facility and provide ease of access for ambulance. To minimise impact on surrounding businesses, the facility should be orientated with the stage facing away from the corner of Spence Street and the Esplanade so that sound is projected away from the majority of hotels and Esplanade businesses. Access to drinking water be provided back stage. Adequate assembly space back stage for performers to congregate prior to performance and for props. A facility management office should be located within or close by the facility. Information/notice boards and access to information on upcoming events (perhaps via the management office) be incorporated into the facility. Surrounding Area Considerations Access to the rear of the facility should enable vehicles (including heavy vehicles) to drop off equipment etc at the rear of the stage. A small amount of parking should be provided at the back of the facility for performers. Emergency vehicle (Fire and Ambulance) access of a minimum of 4m wide (6m preferred) should be provided to the front and rear of the stage. Industrial bins need to be able to be located at appropriate points on the site for major events and vehicle access for collection of these bins should also be provided (again a minimum of 4m wide). Vegetation planting should be planned with the above vehicle access in mind. Safe pedestrian access from nearby streets to the site should be provided (appropriate street crossings etc). If additional parking is not to be provided to cater for crowds, well lit-streets will be required so that patrons have safe corridors to accessing the facility at night. The maximum estimated audience numbers specified by survey respondents was 8,000. In area, it is doubtful that the facility could accommodate this number and would more likely be restricted to less than half this amount. The majority of performances would be more likely to attract audiences in hundreds rather than thousands. Some temporary seating should be provided for audience members who may suffer from some form of disability. Shade vegetation should be provided in the perimeter of the audience area, however other than this, the audience area should be free of vegetation to ensure line of sight to the stage.

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Shade may impact on audience attendances during the day in the summer months due to the tropical heat. Temporary shade facilities that don’t impact on line of sight to the stage should be considered. The areas around the amphitheatre will also need to be well lit to provide a safe environment (both perceived and actual) for patrons. Appropriate procedures will need to be implemented to ensure that the area is cleaned of refuse and debris after major performances on a timely basis. Access to sewerage outlets will be required for portable toilets brought in for major events. Security in the area will need to increase to cope with the increased usage of the area and also to minimise vandalism and other potential negative impacts of larger crowds. Flagpoles should be erected close to the facility to enable flags to be flown for certain ceremonies and events. OPTIONS: Cox Rayner compiled two possible final arrangement options and copies of the concept plans are attached. Other options available are the do nothing option (which is considered unacceptable) or to provide basic support infrastructure in terms of services, utilities and a raised area that could be used for performances and events with the addition of some externally provided temporary infrastructure. This basic facility could then be enhanced in the future. A copy of this concept is attached. CONCLUSION: It is clear that the costs to fund a facility, which incorporates the majority of needs of users, is well in excess of currently available budget without substantial additional contribution from Council. The location and available space is ideal to cater for special occasions, one off events, festivals and other occasional uses. It would be possible to provide a basic facility/stage and some service upgrades that would allow events to occur with organisers providing any special and/or temporary facilities such as adjoining buildings, ablutions, mechanical/electrical support for performers and even for patrons. Other infrastructure that formalises the link between Shields Street and Reef Plaza should also occur. Given the strong negative reaction from the surrounding hotels on the basis of traffic congestion, noise issues, pedestrian management, ablution and security issues, the constant use of this area for this purpose should be further considered.

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ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE

ATTACHMENTS: Concept plans by Cox Rayner for a proposed amphitheatre with amenities and an amphitheatre with stage only dated 17 January 2001 and concept plan for provision of basic infrastructure initially. George Pegoraro Acting Manager, Project Services John Hawkes GENERAL MANAGER CITY WORKS & SERVICES

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ORDINARY MEETING

29 MARCH 2001

21

INDEPENDENT RATES RELIEF TRIBUNAL Jo-Anne Scarini : 17/49/9-02: #278209

RECOMMENDATION:

That the changes marked on the attached copy of the “Independent Rate Relief Tribunal- Role, Operation and Relationships” be adopted.

That Council combines the work of the Independent Rate Relief Tribunal and Special Water Needs Advisory Group into the work of the Independent Rate Relief Tribunal.

That the “Independent Rate Relief Tribunal – Role, Operation and Relationships be modified to reflect the changed role of the Tribunal.

BACKGROUND: The document titled “Independent Rate Relief Tribunal- Role, Operation and Relationships”, was adopted at Council’s Ordinary Meeting on Thursday, 21st December 2000. At the time of adoption, a request for an allowance of funds to use for rates relief was made. These funds were set aside in the 6 Monthly Budget Review. Expressions of interest to operate as a Panel Member of the Tribunal closed on the 17th February. Four applications were received and the Finance and Administration Committee moved to accept all four nominations on 19th March, 2001.

COMMENT: Council now need to consider adopting some minor changes to the original charter of the Tribunal. The changes have been marked on the attached copy of the document. The establishment of the Independent Rates Relief Tribunal will see Council with three relief pathways for ratepayers being: - Special Water Needs Advisory Group - Independent Rates Relief Tribunal; and

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- Rate Based Financial Assistance for Non-Profit Recreation, Sporting and Community Groups As the work of the Special Water Needs Advisory Group and the Independent Rates Relief Tribunal is quite similar, there is an opportunity to combine the work of these two bodies. This option shall allow Cairns City Council to provide relief in a fair, consistent, and administratively effective manner (Cairns City Council and Cairns Water both instigating and maintaining a relief tribunal). Coupled with this, all assistance provided would be maintained in one record. Should the above recommendation be adopted, relief granted for hardship would need to be quarantined and tracked separately for budget purposes. At this time it is considered that the Financial Services team will be able to make recommendations to the Finance and Administration committee on the assistance for non-profit recreation, sporting and community groups, based on compliance with criteria and the budget allocated for relief.

CONSIDERATIONS: Financial: A budget has been set aside for the Rates Relief Tribunal. Administrative efficiencies will result from combining the two functions of Independent Rates Relief Tribunal and Special Water Needs Advisory Committee. Social: It is likely that the public will view the establishment of one single independent Tribunal to deal with Rates Relief covering hardship and equity issues favourably as long as the Tribunal can effectively deal with the volume of issues requiring attention.

OPTIONS: Council can combine the two relief bodies into the one Tribunal or continue with two groups. If Council chooses to continue with two separate bodies, issues of consistency and administrative efficiency may arise.

CONCLUSION: In the interests of consistency and administrative simplicity, it is recommended that the role of the Special Water Needs Advisory Committee and the Independent Rates Relief Tribunal be combined.

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If this recommendation is adopted, minor additional work will need to be done to articulate the role of the Tribunal. “All other considerations were reviewed and deemed not applicable”

ATTACHMENTS: Doc # 278139 (Revised) Independent Rate Relief Tribunal – Role, Operation and Relationships Doc # 244338 Application for Rate Assistance Doc # 248665 Minutes Ordinary Meeting – Thursday, 21st December 2000 re: Independent Rate Relief Tribunal Jo-Anne Scarini Manager Financial Services

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INDEPENDENT RATE RELIEF TRIBUNAL ROLE, OPERATION AND RELATIONSHIPS INTRODUCTION The purpose is to outline the objectives, role, method of operation and relationships for the establishment of an Independent Rate Relief Tribunal. OBJECTIVE OF THE TRIBUNAL The objective of the Tribunal as an advisory committee of Council is to assist eligible residential ratepayers experiencing genuine financial hardship due to extraordinary circumstances. At all times the focus of the Tribunal will be on the ratepayer. ROLE The role of the Tribunal is to recommend, in certain circumstances, the most appropriate form of assistance to those Ratepayers experiencing serious hardship. COMPOSITION OF THE TRIBUNAL The Independent Rate Relief Tribunal is made up of appointees made by Council. Appointees may come from a number of backgrounds including, but not limited to the following areas: Queensland Council of Social Services; Social Work, pensioner, tenants of welfare groups; Real estate industry; Business sector; Centrelink; Independent Retirees Association; Retired Business people; Minister of religion; or Any other interested parties. The Tribunal consists of the Chairperson of the Finance & Administration Committee (who will act as Chair of the Tribunal), two other Councillors and at least three other members. A quorum would consist of the Chair and any two of the other five (5) or more members. In the event of a split decision the Chair will carry the vote. The nomination or changing of Tribunal members would be through Council adopting a recommendation from the Finance and Administration Committee. The Council would re-affirm Tribunal membership at least once a year.

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-2- The Council may, in its discretion, appoint Tribunal members as nominated by various interest groups but it is not envisaged that the nominees would be salaried or waged employees of the Council. This would help to ensure that a level of independence would be realised by the Tribunal from the Council and to prevent what may be seen as a conflict of interest for the employee. Secretarial and support service suitable to the Tribunals needs shall be provided by the Manager Financial Services or nominee. RELATIONSHIP TO COUNCIL ADMINISTRATION The Tribunal shall meet on an “as required basis” by appointment with individual ratepayers whose case is before the Tribunal. Due to the sensitive nature of a person’s financial affairs and situation the Tribunals hearings are not to be open to the public or in fact to anyone else e.g. another Councillor. The Tribunal should also endeavour to schedule appointments in order to avoid any embarrassment to the ratepayer. The hearings will also be conducted in a ‘without prejudice’ manner. The Tribunal will act independently from the Council as an advisory committee. The Tribunal will make its recommendations to the Finance & Administration Committee, which after further consideration will make a recommendation to Council. All recommendations made to the Finance & Administration Committee will be accompanied by a statement showing total relief granted in the current financial year versus funds allocated in the budget to be used for this purpose. Funding of Recommended Decisions The Council shall have a specific funding allocation with which it will fund the relief or other decisions it makes. The Committee will be expected to live within the budgetary limits allocated to it by Council. CRITERIA FOR GUIDELINES TO BE USED BY THE TRIBUNAL The Tribunal shall recommend to the Finance & Administration Committee to make grants to individual ratepayers experiencing exceptional hardships to pay all, or part of, outstanding rate accounts. A ratepayer may apply to the Tribunal for a total or partial grant in order to pay their rates and charges account. The ratepayer must be able to show that the payment of the full amount owed would entail “serious hardship” because of: Any loss the ratepayer has suffered; The circumstances of the ratepayer; and The circumstances of dependants of a deceased ratepayer who would have been liable to rates had the deceased ratepayer lived.

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-3- Suggested Criteria The Tribunal will follow the following guidelines when determining who may receive rate relief: The ratepayer who is six (6) months or more in arrears and is not able to realise their assets in order to pay rate accounts. People who have suffered a recent adverse incident that has left them unable to meet these basic needs. Ratepayers experiencing serious hardship where the payment of the rates and charges would leave the ratepayer unable to meet reasonable needs for food, clothing, medicine, accommodation, education for children and other basic requirements. Where relevant, the financial standing of other family members may be taken into account. The Tribunal may recommend the deferment of rates charges for the lifetime of a pensioner experiencing hardship, with the rates and charges to remain a charge on the land. Pensioners who are endeavouring to meet their rate account by regular instalments. The prime purpose will be to allow pensioners to be eligible to receive Council and State Government remissions. Residential ratepayers who are in receipt of a property related account (eg, chocked drain, repairs to sewers, repairs to water service, rectification of sewerage defect, land clearing, overgrown allotment, etc) and who are not able to realise their assets, in order to pay the account. Where a pensioner is a part owner of the property they reside on and because of extreme hardship are unable to pay rates and/or not qualify for full pensioner remission. Ratepayers who feel aggrieved by Council for refusing their discount and have had their application reviewed and refused, may apply in writing to request the Tribunal to further review the matter, with the Tribunal having the right to not consider any applications that are deemed to be frivolous. Residential ratepayers who consider they have another related matter deemed to be an extreme hardship case. Commercial/Industrial property owners and owners of vacant land and owners of more than one property are not eligible for rate relief from the Tribunal.

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-4- Preference be given to applicants: (1) To whom other avenues of assistance are not available; (2) Ratepayers who have not been able to make satisfactory arrangements for liquidation of the debt; and (3) Those on long term low incomes. Other guidelines Application is to be limited to once every three (3) years for each applicant. In determining whether there is a capacity to pay out of current income, the Tribunal may disregard above-average expenditures. If the ratepayer only has capacity to pay at a limited rate which would not see the debt cleared in two or three years, this would indicate a partial relief may be appropriate. The Tribunal will also consider whether the ratepayer could meet the rate liability by rescheduling commitments or by selling non-essential assets such as (but not limited to): non-residential caravans; holiday homes; luxury cars; boats; substantial life assurance or annuity entitlements; shares; or other investments. The Tribunal will not necessarily accept valuations at face value, though professional valuations will not normally be required. Usually the Tribunal will not recommend to liquidate the whole amount owing, but to supplement payments made by the ratepayer over time. Even in those cases where serious hardship is established, relief may be denied if the ratepayer has deliberately placed themselves in that position, or if the hardship can be expected to abate within a short term. In cases of doubt, the Tribunal may defer its recommendation (eg, where there is an unresolved valuation objection or the assessment is disputed on some other grounds). Questions relating to claimed inequities in rating law or practice are not to be considered by the Tribunal. In considering applications the Tribunal will at all times comply with the rules of natural justice. Upon request, the Council will provide reasons for unsuccessful applicants. The Tribunal may also provide these reasons upon its own initiative.

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-5- Where partial relief is granted by Council on the grounds of hardship and the payment of the balance of rates and charges outstanding is made within some agreed arrangement given, it may be appropriate for Council to give full or partial remission of any interest charged on the debt from which relief has been given. Where granted, these amounts form part of the total relief granted and should be recorded against the budget as such. Compensation for Maladministration Outside of above listed provisions, the Tribunal may make a recommendation to the Finance and Administration Committee that compensation be made for ratepayers who can show that they incurred significant financial disadvantage by the way of rates and charges through maladministration on the part of the Council. Maladministration may be indicated by extraordinary delays, misleading advice, failure to adequately explain or justify a decision, making a decision on incomplete information where information could and should have been ascertained, dilatory or superficial handling of complaints, or failure to notify ratepayers where there is a duty to do so. “Teething” problems experienced in setting up new rating or charging regimes (eg, introduction of a new charge or levy or a change in rating basis), or difficulties obtaining valuations from the Valuer-General do not necessarily point to maladministration. An example of maladministration would be the issue of a summons and the obtaining of a judgement for unpaid rates when in fact the rates had been paid at an earlier time and the summons would have been withdrawn. A compensation claim would not be appropriate where Council rectifies an irregularity within a reasonable time after the matter is reported by a ratepayer. GRANTS It is suggested that the funding provided to the ratepayer be used to meet: Interest costs; Court costs or other related legal expenses charged to a ratepayer account; Actual financial assistance to a ratepayer in meeting either rates and/or service charges actually levied; Assistance to ratepayers in meeting other charges which are attached to the land (eg, unpaid noxious weed charges or some unrecovered costs which the Council is entitled to attach to the land). Note: Where the Council agrees to full or partial relief from interest charges for some period in the future, the costs of the interest foregone shall be seen as part of the assistance funded by the Council.

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-6- PROCESSES FOR AN APPLICATION It is important to keep the process simple, low key and accessible to people who at the very least are experiencing financial difficulties. Eligible ratepayers are requested to complete and lodge applications on the prescribed form. Attached as Annex A is a form that has been set out for individuals who wish to apply for rate relief. Upon receipt of an applicant’s confidential financial information the Finance branch will do limited cross checking of the data and prepare a summary of the ratepayer’s current situation, payment history, other property known to be owned and any other relevant information within the Council’s knowledge. If at any stage up to this point a ratepayer does not meet with Tribunal guidelines, the ratepayer will be notified accordingly with the application forwarded to the Tribunal for its noting and information. Where an application appears to be within the guidelines or is outside of the guidelines but is of an exceptional nature, a time and date for a Tribunal hearing should be arranged and appointments made with the applicants for their attendance at a specific agreed time. The Tribunal may decide to have a ratepayer present in only certain circumstances in order to expedite a run of straight forward applications. If an applicant is not present, care would need to be taken that the applicant was afforded their rights as to natural justice. The attendance of an applicant at a hearing by the Tribunal should be in a non-threatening atmosphere while providing the Tribunal the opportunity to discuss individual options, forms of assistance or other matters at large. Such exchanges of information will help in further refining and targeting Council policies on rates and charges within and across the community. A Tribunal decision could include some relief now with a review of the applicant’s situation after a set period of time (say 12-18 months hence). Following the Council’s decision, the ratepayer should be notified of that decision. Upon receiving an application the Council shall: Acknowledge receipt of application. This will be done by the Secretary to the Tribunal Debt Recovery Team to review applications and detail brief history and any other relevant details

Applications reviewed by Tribunal Tribunal to arrange interview with applicant if necessary Tribunal to prepare recommendation to Finance & Administration Committee Finance & Administration Committee to make decision on Tribunal recommendations and report through to Council Meeting

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PRIVATE AND CONFIDENTIAL Independent Rate Relief Tribunal

Application for Rate Assistance All questions are to be completed. This application must be lodged with the Cairns City Council Return to: The Secretary Independent Rate Relief Tribunal Cairns City Council 119-145 Spence Street PO Box 359 CAIRNS QLD 4870 Phone: 40443044

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INDEPENDENT RATE RELIEF TRIBUNAL

The Council has established an Independent Rate Relief Tribunal which has the power to assist those ratepayers suffering genuine financial hardship in finalising their rate arrears. The Tribunal is independent of the Council and in no way is responsible for the level of rates and charges and its role is in certain circumstances to provide the most appropriate form of assistance. The following categories are ineligible for assistance: • Commercial/Industrial Properties • Owners of Multiple Dwellings (more than one(1) unit) • Vacant Land • Owners of more than one property Upon lodgement of an application, the Tribunal will assess your application and if required you will be contacted to arrange an appointment for an interview. You may choose to appear in person or accompanied by a friend or representative who can supply moral support primarily. All interviews/hearings will be conducted in a ‘without prejudice’ manner. All relevant questions should be completed and the application form returned in the prepaid envelope provided. If you require assistance to complete this form, please contact 40443044.

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7 INDEPENDENT RATE RELIEF TRIBUNAL

BAO 19/16/1-37. # 244959 & 244338

132-145

COUNCILLOR BLAKE MOVED: (GMF&A)A

“1. That an independent rates relief Tribunal be formulated in accordance with the proposed format, with the following addition to the criteria:

Ratepayers who feel aggrieved by Council for refusing their discount and have had their application reviewed and refused, may apply in writing to request the Tribunal to further review the matter, with the Tribunal having the right to not consider any applications that are deemed to be frivolous.

2. That the composition of the Tribunal be the Chairperson of Finance (as Chair), two Councillors and three community members.

3. That expressions of interest be invited and called to form a panel

of community members who can be called upon to sit on the Tribunal.

4. That Council appoint Councillors Gill and Lindsay as members of

the Tribunal. 5. That the Tribunal is an Advisory Committee of Council which reports to the

Finance & Administration Committee, which will then report to Council. 6. That the budget allocation be provided in the six monthly review to

source any recommended financial assistance given for the payment of rates.

7. That publicity be given to encourage applicable people to make

applications for consideration of financial assistance.” SECONDED BY COUNCILLOR FORD AND CARRIED

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ORDINARY MEETING

29 MARCH 2001

22

WATER CHARGES METERED Brian Smyth:GAS : 1/58/13-01: 278825

RECOMMENDATION:

That Council rescind the current resolution pertaining to water meter reading in the Budget and Revenue Policy; and

Water Usage Charges for Residential, Low Density Residential, Commercial and Rural Productive properties for those properties that are metered reflect the water meter reading cycle which requires that:

– Meters shall be read on a rotational basis, three times each year; with – Readings of any individual meter taken not less than 116 days apart

nor more than 126 days apart following the initial reading.

INTRODUCTION: At its Special Meeting - Friday, 30 June 2000 Cairns City Council adopted its budget for the forthcoming financial year. Provisions were held within the budget that water meters shall be read twice yearly and that accounts for water usage shall be issued half yearly.

COMMENT: Cairns Water is seeking Council's approval to rescind the provision within the budget documentation and Revenue Policy to state that 1. Meters shall be read on a rotational basis, three times each year; with 2. Readings of any individual meter taken not less than 116 days apart nor more

than 126 days apart following the initial reading. The above is in accordance with the Meter Reading Contract let to Asset Services.

CONSIDERATIONS: Statutory: N/A

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Policy: N/A: By continuing to read water meters on Residential, Low Density Residential, Commercial and Rural Productive properties, Council has not changed policy. Financial: A change in focus to match the meter reading with the billing process on a rotational basis shall allow Cairns Water to better manage its cashflow. Social: More frequent water usage charges shall allow customers to monitor their water usage patterns more easily, while at the same time allowing themselves to better manage their own cashflow.

CONSULTATION: N/A

OPTIONS: N/A

CONCLUSION: Cairns City Council rescind the current provisions within the Revenue Policy that relate to metered usage charges and implement provisions that more closely match the current reading cycle. ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE

ATTACHMENTS: N/A Brian Smyth General Manager Cairns Water

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ORDINARY MEETING

29 MARCH 2001

23

SHIELDS STREET UPGRADING

George Pegoraro:GC : 8/26/12-01: 268869

RECOMMENDATION:

It is recommended that:

(i) the retention of the current stage and sound shell is desirable due to the unknown use profile likely to be established at the Fogarty Park amphitheatre facility;

(ii) the scope of the works be staged to match available funding with a view to future stages being included into the 5 year capital works program currently under review ;

(iii) Council confirms that current indications based on estimates to date will require the existing northern leg of Lake Street to remain in its current configuration at this time ;

(iv) liaison occur with those offering to support the works and/or extend the scope of works at their expense ;

(v) funding arrangements be finalised with Department of State Development ;

(vi) liaison occur with current outdoor dining pertmit holders in the area of the works as discussed in the report ;

(vii) works commence as soon as practicable.

INTRODUCTION: This report provides a status report on the Shields Street upgrade project. There is considerable expectation associated with this project however it is only recently that the cost of meeting this expectation is becoming clearer. With the recent completion of the six month budget reviews and the budget issues looming in the 2001/2002 financial year it is imperative that expenditure is tailored to match the available funding.

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BACKGROUND: As part of the CBD Revitalisation funding from the State Government, $3,000,000 has been allocated for the upgrading of Shields Street from Grafton Street to the Esplanade including City Place. The intent is the continuation of the upgrading work from McLeod Street to Grafton Street. The Shields Street work links in with the requirements of the draft CBD Streetscape Master Plan.

COMMENT: A separate report identifies the issues raised from the consultation process. Parking Shields Street is currently serviced by single bay parking meters. The CBD Parking Strategy is currently being finalised but it is understood that significant change is proposed for Shields Street. The current Shields Street design will incorporate the continuance of single bay parking meters but allowance will be made for multi-bay meters. This issue is to be progressed with a view to simultaneous inclusion with the works. Public Art Built In The process for the provision of the public art component of the project has commenced. The broad steps in the process includes:- • Integrated Cultural Opportunity Assessment

• Advertise for Artists and undertake community consultation

• Selection of Artists

• Concept Design

• Selection

• Concept Development

• Approval

• Fabrication

• Installation

While many forms of public art could be incorporated into such a project a focus on some particular opportunities may be recognised.

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A further report to Council on the theme and final type of art to be incorporated will occur at an appropriate time in the near future.

A private company, Fortwing Pty Ltd, has offered to contribute to the provision of additional art on their frontage. The type, form, theme and location of the art is consistent with the intent of the overall project. It will feature a mosaic title inlay to the footpath on the corner of Grafton and Shields Street in front of the MacDonnells offices.

Paving & Surfaces

The paving used in the previous section of Shields Street will be continued through to the Esplanade excluding the City Place area.

Opportunities have arisen to reduce or eliminate the steeper gradients and complex surface undulations with more regular and planar surfaces. This will not only be more aesthetic but also be more user friendly.

The surfacing of City Place will contrast to the remainder of Shields Street paving patterns, different paver size, style and different surface treatment texture to reflect the different purpose/use of the area are possible. Available funding will also have a significant bearing on the surface treatment chosen and the extent of work carried out.

Performance Area

Throughout the consultation there was a very strong representation from performance groups to keep a high standard performance area in City Place. The emphasis was to keep and enhance the current facility.

Discussions with various industry group leaders indicated that the soundshell had served its purpose and no longer should be the focus of City Place.

The current concept identifies a reduced standard performance area at ground level. It will not suit the full range of current users.

City Place management have indicated that either the current facility be enhanced or it be removed totally and other sites used by performers. It is considered that an informal performance area at ground level with no seating may become a “white elephant”.

Performers range from single performers, multiple performers, groups, bands, orchestras and dance troupes.

The site caters for civic events.

Options available to Council include:- (i) remove the soundshell stage and mound totally and not provide a

performance area. A strategy to manage the displacement of the larger numbered performance groups will be required. The use of Cairns Central stage, the Civic Theatre and Fogarty Park amphitheatre (when constructed) is possible. Single and duo performances could still occur. The write off of the asset value is required.

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(ii) leave the existing soundshell and stage but remove the mound behind the steps. This continues to cater for performers, makes continuing use of an asset rather than write off its value before time, and allows a fall back given the unknown use profile for Fogarty Park amphitheatre.

(iii) keep the existing soundshell stage but remove the mound behind the steps and add facilities like storage areas and dressing room. See (ii) above for comments plus this work would address some current limitations.

(iv) replace the existing facility totally with a diminished ground level facility with no permanent seats. This requires the write off of the current asset. This facility could support performances but allow the area to be used by the general public when not in use.

The final decision will obviously be strongly influenced by available funding.

Playground

It is proposed to identify the area to locate the playground and go to public tender and invite the design and construction of a playground, which conforms to some general guidelines. These will include:

− the incorporation of softfall surfacing

− the ability to use either propriety items, custom made items or a combination with the proviso they meet all required standards

− age group to be catered for

− maximum budget

− photos, sketches, plans are to be provided Tenderers could suggest more than one arrangement. A selection would then occur.

Landscaping

The aim of the landscaping has changed slightly following the consultation phase. It now includes additional colour, perfume and different plant species to those commonly used through the CBD.

The provision of a clear visual avenue from about 600mm to 2100mm above the ground is being maintained.

The emphasis on palms is being reduced and an avenue of trees approach is being supported.

Efforts have been made to select plant species to minimise maintenance but the incorporation of colour though the use of annuals in various pockets will result in a high maintenance zone.

Landscaping will be irrigated.

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Water Features

The concept plans show the possible location of several water features. Ponds or expanses of water do not feature. The intent is to provide moving water to give visual and aural stimulus.

The final number of water features included will be determined by available budget.

Street Furniture

While City Place will incorporate a special/different range of furniture to reflect the different precinct the street furniture elsewhere will be a continuation of that used previously.

The exception to this is seating. Some seating elements have been removed in the previously completed section of Shields Street. There is a further request for removal current at this date.

The public consultation phase has seen comments, which can be summarised, as “not in front of my business/property”. To this end seating may be removed from the approaches to City Place but group seating may be provided in City Place where particular need is identified.

A range of furniture based on a stainless steel finish is proposed for City Place. Typical components are shown attached. Available funding will have an impact on street furniture provided.

Lighting

The Australian Standard for streetlighting has changed since the redevelopment of the first section of Shields Street.

This will result in more light on the footpath areas.

While continuation of the basic streetlighting theme will occur leading up to the western side of City Place some modifications and additions will occur within City Place and further east to the Esplanade. Additional but less conspicuous light sources will be used to provide light and various natural or built features will be highlighted.

This will assist in maintaining surveillance via security cameras.

Outdoor Dining

Various outdoor dining facilities exist and outdoor dining approvals have been issued.

It will be necessary to develop a strategy, which will: − inform permit holders of the proposed works − advise them the likely time period of interruption for works to occur − confirm that current permits will be revoked and new applications will be

required

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− advise them of the process to re-apply for a new outdoor dining permit based on the revised area available.

This will require intense consultation with the current permit holders and cooperation to achieve early issue of new revised permits.

Design & Documentation

It is intended to undertake preliminary design to incorporate all features that are part of the ultimate make up of City Place and Shields Street.

Once costed the design is then phased back in stages to match the available funding. Detailed design and construction will occur on this basis and staged improvements will also be identified. The design and documentation of areas outside City Place is basically complete.

Tender documents for the supply of additional equipment and the provision of services are ready for issue at short notice for this area.

The design and documentation of City Place has begun in a preliminary way but is awaiting Council approval of the layout revision following public consultation and decisions on significant items.

Timing Subject to sufficient budget funding it is proposed that equipment supply and provision of services tenders and quotes be issued immediately and reported to Council at the earliest opportunity. In this time the documentation of City Place be completed and other packages including structural and hydraulic packages be issued.

Once significant materials and resources are to hand to ensure continuous operation a start be made on several fronts to minimise the total construction period for the works.

The majority of works will be completed within about a 16 week period subject to weather and other unforeseeable events, but some finalising works may extend slightly beyond this time frame.

There will be a mix of internal and external resources that will be applied to this continuous construction phase. The likely start date is May.

It is clear that business owners want the shortest possible construction time. The time of year is also of concern. Commencing in May will see construction continue into September. Commencement in late August would see a finish by Christmas. Weather is best from May to September but this would coincide with a potential higher pedestrian activity period. It is considered that pedestrians can be managed through the construction areas and access to businesses will be maintained. Budget

Funding of $3,000,000 has been provided by the State Government as part of the CBD Revitalisation Program.

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The initial cost estimate of the displayed concept plan by quantity surveyors identified a cost of $3,700,000.

As design and documentation progressed, a more concise costing for different sections has occurred.

The following costs are currently considered to apply:-

ITEM Cost based on Concept Plan – but excludes traffic signals and professional fees

Estimate after design & refined City Place Concept

♦ Grafton to City Place $510,000 $660,000 (design) ) ♦ City Place to Abbott

$540,000 (design)

) ♦ Abbott to Esplanade

$785,000

$500,000 (design)

♦ City Place excluding structures $2,060,000 $2,260,000 (concept)

SUB-TOTAL $3,355,000 $3,970,000

♦ Structures in City Place

− Walkways − Four (4) No. Entry

Area − Performance Area − Covered Seating

$300,000 - $85,000 $25,000

Simple solid roof and frame $400,000 $220,000 $100,000 $ 70,000

Detailed opaque roof with stainless steel frame $1,400,000 (concept) $800,000 (concept) $440,000 (concept) $160,000 (concept)

SUB-TOTAL $410,000 $790,000 $2,800,000

TOTAL $3,765,000 $4,760,000 $6,770,000 CONSIDERATIONS: Statutory: The intent of the Grant Agreement between the State Government and Council be met. Policy: Nil Financial:

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A budget of $3,000,000 is available with an additional $900,000 able to be accessed from other approved State Government sources, giving a total budget of $3,900,000. An initial costing of the publicly displayed concept plan extent of works by Rider Hunt has realised an amount of $3,700,000 in December 2000 which excluded pertinent items such as traffic signals, performance fees and only included a nominal cost for structures. The current cost estimate with very simple structures is about $4,800,000 giving a minimum shortfall of about $1,800,000 if all structures are installed to a basic standard. A challenge therefore exists to identify cost saving construction techniques to match the budget. One possible option to assist in matching funding with scope of works would be to retain the performance leg of Lake Street as previously discussed. This would provide a saving of the order of $500,000. Other potential works that could be incorporated at a later date includes:

(i) installation of Esplanade/Shields Street traffic signals

(ii) inclusion of water features

(iii) treatment of the City Place square There are significant costs that are difficult to quantify which will have an effect on overall cost including:

− demolition costs

− people management / business access costs

− final service costs While every effort will be made to meet the available budget there is potential for costs to exceed budget and require some funding from Council. Social: The works will improve the visual amenity, security and operation of the Shields Street precinct for residents, visitors and businesses.

CONSULTATION: Has been reported separately.

OPTIONS: Options have been considered in detail throughout this report.

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CONCLUSIONS: Parking Works to occur to accommodate single bay meters but allow for future conversion to multi bay meters and possible simultaneous installation with works. Public Art Built In A further report at an appropriate time be presented to Council. Paving & Surfaces 1. The paving outside City Place shall continue the existing theme of Shields

Street. 2. The extent of hard surfacing in City Place be generally as shown on the

concept plan with the exception of the northern leg containing the performance area. This is to be excluded from the area to be upgraded at this time..

3. The City Place surfacing shall contrast with the remainder of Shield Street to reflect the different purpose/use. Opportunities to incorporate more cost effective treatments be considered and applied as necessary in keeping with budget constraints or staging of installation of hard surfacing occur to match wear patterns.

Performance Area

The northern leg of City Place that contains the existing performance area to be left “as is” and be excluded from the proposed upgrade works. Some minor work to be carried out to ensure an appropriate transition between the area to be upgraded and this leg of City Place. Playground Proceed with the design and construct process for the provision of the playground to a particular budget limit for a particular age group. Landscaping Acknowledge the use of different species and incorporation of colour to those commonly used through the CBD and accept slightly higher level of maintenance in some zones rather than a minimum maintenance environment. Street Furniture 1. Confirm the continuity of similar street furniture along the remainder of

Shields Street excluding City Place. 2. Acknowledge that seating be removed on approaches to City Place and will

only occur at grouped seating locations as identified in City Place.

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3. A different range of street furniture be applied to City Place. The use of stainless steel based street furniture be investigated but conform to budget constraints.

Water Features

It is intended to include one or two water features subject to funding constraints.

Lighting 1. Continuation of the existing lighting treatment using same pole types to the western end of City Place. 2. Adopt a modified lighting treatment based on the existing arrangement from eastern end of City Place to the Esplanade. 3. Incorporate lighting with structures where possible and use less conspicuous light sources in City Place.

Outdoor Dining Appropriate officers liaise with current permit holders as to the process to reapply for a permit to match the revised area available after the works.

Design & Documentation Design and documentation will allow for phased installation as necessary. The final agreed arrangement for City Place be displayed for public information.

Timing Council confirm the desirability of the shortest possible construction time to reduce inconvenience to users and businesses for the agreed scope of works. Currently constructions works would commence May.

Budget It is imperative that works match the available funding as closely as possible as discussed in the body of the report. Future budgets will be used to enable further stages of works/features identified. ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE

ATTACHMENTS: Nil

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GEORGE PEGORARO ACTING MANAGER PROJECT SERVICES JOHN HAWKES GENERAL MANAGER CITY WORKS & SERVICES

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ORDINARY MEETING – LATE ITEM

29 MARCH 2001

24

RECONFIGURING A LOT – ONE LOT INTO TWO LOTS & RECIPROCAL ACCESS EASEMENT – MT MILMAN DRIVE, SMITHFIELD Neil Beck : 8/13/381 : 277513 PROPOSAL: RECONFIGURING A LOT – ONE LOT INTO

TWO LOTS AND RECIPROCAL ACCESS EASEMENT

APPLICANT: STATELAND PTY LTD C/- PLANNING FAR NORTH PO BOX 7801 CAIRNS QLD 4870 LOCATION: MT MILMAN DRIVE, SMITHFIELD PROPERTY: LOT 80 ON SP103365 ZONE: RESIDENTIAL 3 STRATEGIC PLAN: URBAN DCP: SMITHFIELD TOWN CENTRE DCP NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 16 APRIL 2001 DIVISION: 12 APPENDIX: 1. PREVIOUSLY APPROVED PLAN 2. PROPOSAL PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council resolve to extinguish Easement C on RP908379 to facilitate the removal of the existing earth mound adjacent to the western boundary of proposed Lots 83, 84 and 85 as detailed on Drawing No. 61664-5 dated 6 February, 2001 subject to the applicant submitting a detailed landscape plan and associated cross sections and elevations of the landscape buffer which achieves appropriate screening of the proposed development when viewed from the Captain Cook Highway to the satisfaction of the Chief Executive Officer prior to the issue of a Development Permit for Operational Works to remove the earth mound. The removal of this mound and associated Operational Works is to be staged in accordance with the reconfiguration approval.

B. That Council place the following rates notation of the property file of proposed Lot 83 and Lot 85 upon approval of the Plan of Survey:-

The owner(s) of this property are required to pay contributions for traffic management prior to the issue of a Development Permit for building works.

C That Council approve the application to reconfigure land described as part of Lot 80 on SP103365 Parish of Smithfield, being proposed Lot 83 located on Mt Milman Drive, Smithfield into two (2) lots and associated reciprocal access easement over proposed Lots 84 and 85 in favour of proposed Lot 83, subject to the following conditions:-

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Assessment Manager’s Conditions

1. The proposed Plan of Survey, Drawing No. 61664-5, dated February 2001, attached as Schedule A is approved subject to any alterations:

a. found necessary by the Chief Executive Officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements; and

b. To ensure that the reconfiguration complies in all respects with the requirements of Council’s Development Manual and good engineering practice and;

c. To ensure compliance with the following conditions of approval:

Previous Development Approvals

2. The applicant/owner must satisfy all conditions of approval for the development applications 8/30/11 and 8/30/13.

Sewer and Water

3. The applicant/owner must carry out water supply and sewerage works external to the development to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer. All works must be carried out to the requirements and satisfaction of the Chief Executive Officer, prior to the issue of a Certificate of Classification for any building works.

4. To ensure the satisfactory performance of condition 3, the applicant/owner must enter into an agreement with the Council regarding the time of construction which is to be complete prior to the issue of a Certificate of Classification for any building works. The applicant/owner must also lodge a security bond with Council in the form of an unconditional bank guarantee for an amount equivalent to 125% of the value of the works. The security bond must be submitted to the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

The security bond may require upgrading to facilitate the construction security bond normally required under the conditions of a Development Permit to carry out Operational Works in association with construction of the works.

The security bond will be released upon satisfactory establishment of the works.

5. The applicant/owner must obtain a Development Permit for the carrying out of Operational Work for the construction of water supply and sewerage works external.

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Three copies of the plan of the works must be submitted at the time of lodgement of a Development Application for carrying out Operational Work and must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for the carrying out of Operational Work.

Traffic

6. The applicant/owner must provide an intersection treatment for the median island of Mount Milman Drive and construct internal access roads for the development to enable safe and convenient access to and from the subject land. The location of the intersection treatment must be provided as far south as practical to ensure a safe and satisfactory design with minimal disturbance of the median island and streetscape to the park frontage.

7. The applicant/owner must provide a single commercial access crossover and internal road network and easements to permit traffic movements from the Mount Milman Drive intersection treatment access to proposed Lots 83, 84 and 85.

Subject to the outcome of a traffic report, and approval by the Chief Executive Officer, no other vehicular access to Mount Milman Drive other than a left turn in only to proposed Lot 83 is permitted for these allotments.

8. The applicant/owner must obtain a Development Permit for the carrying out of Operational Work for the construction of the intersection treatment, the internal road network and access to Mount Milman Drive.

9. The applicant/owner must prepare a traffic report and design drawings of these works for submission at the time of application for a Development Permit for carrying out Operational Work.

The traffic report and design drawings must be approved by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Operational Work.

Such works must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of the use.

To ensure the satisfactory performance of this condition, the applicant/owner must lodge a security bond with Council in the form of an unconditional bank guarantee for an amount equivalent to 125% for the value of the works. The security bond must be submitted to the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

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The security bond may require upgrading to facilitate the construction security bond normally required under the conditions of the Development Permit to carry out Operational Works in association with the construction of the works.

The security bond will be released upon satisfactory establishment of the works.

10. The applicant/owner must contribute towards Council’s Traffic Management/Road Upgrading Program in accordance with Part H of the Planning Scheme for the Balance of the City of Cairns and the Marlin Coast Traffic Management Plan.

The contribution rate is that which is current at the time of payment. The current rate of contribution is $2,550 per equivalent residential lot. Payment is required prior to the issue of a Certificate of Classification for Building Work.

Earth Mound Removal

11. The applicant/owner may undertake to remove the earth mound to the Captain Cook Highway frontage of proposed Lots 83, 84 and 85 subject to the following requirements:-

i. the earth mound is not to be removed for that section within ten (10) metres of the northern boundary to proposed Lot 82.

ii. either: a. the section of earth mound fronting proposed Lot 84

must not be removed until sufficient commercial development, to the satisfaction of the Chief Executive Officer, exists on that land to act as a noise buffer for the adjacent residential areas (i.e. Lot 82).

Or; b. the applicant/owner must provide an acoustic barrier to

the northern boundaries of proposed Lot 84. Or; c. the applicant provides a suitable acoustic report

demonstrating that the removal of the earth mound will not impact on Lot 82 or exceed the thresholds permitted by DMR.

iii. the applicant/owner must obtain a Development Permit for carrying out Operational Work for the removal of the earth mound.

iv. immediately upon removal of the earth mound, the area must be revegetated and landscaped in accordance with an approved landscape plan.

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v. a bond in the amount of $20,000 is to be submitted to Council prior to the issue of a Development Permit for Operational Works for the satisfactory establishment of the landscaping required in iv. above. The bond is to be held for a period of not less than 12 months following the completion of landscaping works to ensure satisfactory establishment and maintenance.

Landscaping

12. The applicant/owner must landscape approved areas which achieves filtered visual screening of the proposed development/s in accordance with an approved landscape plan and Council’s Development Manual, Part 4 – Landscaping to the satisfaction of the Chief Executive Officer.

The landscaping plan shall be submitted to the Chief Executive Officer or delegate prior to issue of a Development Permit for carrying out Operational Work.

Areas to be landscaped include, but are not limited to:

i. The buffer strip (Lot 6 of RP908378) for the frontage between proposed Lots 83 and 85 and the Captain Cook Highway.

ii. The buffer strip (Lot 6 of RP908378) for the frontage between proposed Lot 84 and the Captain Cook Highway.

Areas to be landscaped must be landscaped immediately upon removal of the respective section of earth mound and must be established by a time determined in accordance with the Development Permit for Operational Works.

Department of Main Roads Conditions

1. Access

i. Access to proposed Lots 83, 84 and 85 shall be via Mt Milman Drive. No direct access between the Captain Cook Highway and proposed Lots 83, 84 and 85 is permitted.

2. Visual Amenity Treatments

The applicant/landowner shall provide landscaping in and along the full width and length of the freehold strip (Lot 6 on RP908378) adjacent to the Captain Cook Highway along the Captain Cook Highway frontage of the subject land, such that the Captain Cook Highway infrastructure, and on site buildings and facilities, are screened as much as practicable from each other.

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The species of plants used in the landscaping works shall be in accordance with Council’s standards. If Council doesn’t have standards, then the only requirement is that they are native, low maintenance species which are effective at providing the necessary screening specified above.

All landscaping of the buffer shall be completed immediately upon removal of the existing noise mound as detailed in Main Roads letter to Planning Far North dated 16 February 2001, copy attached, to the satisfaction of the Director-General, Department of Main Roads and the Chief Executive Officer, Cairns City Council.

3. Physical Barrier

Where part of the existing earth mound is to be removed, the applicant/landowner shall provide and maintain a suitable barrier fence at all times along the western boundary of the relevant section of the subject land. The barrier fence shall be constructed to prevent vehicles and pedestrians from moving directly between the subject land and the Captain Cook Highway.

The barrier fence shall be erected prior to the commencement of the proposed uses on the subject land, to the satisfaction of the Director-General, Department of Main Roads and the Chief Executive Officer, Cairns City Council.

4. Advertising

No advertising device for the proposed development is permitted within the State-controlled road reserve (i.e. Captain Cook Highway).

5. Parking

No parking associated with the proposed development is permitted within the State-controlled road reserve (i.e. Captain Cook Highway).

Advice


2. Location of the intersection treatment and access to the subject land

will not be that shown in the proposed plan of survey, Drawing no. 61664-5 (February, 2001), but will be dependent on outcomes of the traffic report, design drawings and approval by the Chief Executive Officer.

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EXECUTIVE SUMMARY Council is in receipt of an application to reconfigure land described as proposed Lots 83 and 84, being part of Lot 80 on SP103365 located on Mt Milman Drive, Smithfield to create an additional allotment and an internal reciprocal access easement. The land, the subject of this application, has recently been the subject of two (2) Material Change of Use applications to develop the land for a range of commercial orientated land uses. The applicant has also requested that Easement C located adjacent to the western boundary of the subject land containing and earth mound be cancelled, facilitating the removal of the earth mound with the intent to develop the subject land in accordance with the approved land uses. The application was forwarded to the Department of Main Roads for comment and accordingly, the Department’s response is contained within the recommendation component of the report. Approval to reconfigure the land to create an additional allotment and the cancellation of Easement C subject to the lodgement of a landscape plan is recommended subject to reasonable and relevant conditions. TOWN PLANNING CONSIDERATIONS: Proposal The applicant seeks to reconfigure land being proposed Lot 83 having an area of 1.002 ha to create two allotments being proposed Lot 85 having an area of 6024m2 with approximately 55 metres of road frontage to Mt Milman Drive and proposed Lot 83 having an area of 4000m2 with approximately 45 metres of road frontage to Mt Milman Drive. It is also proposed as part of the application to create an easement over proposed Lot 84 and proposed Lot 85 in favour of proposed Lot 83. The access easement is provided to facilitate internal access to each of the created allotments from a proposed break in the median strip located adjacent to the southern boundary of proposed Lot 84 providing a right turn into the site for south bound traffic. It is also intended that proposed Lot 83 and 85 retain individual access directly from Mt Milman Drive via a left in / left out arrangement for north bound traffic. The previously approved plan creating Lots 83 and 84 is attached to this report as Appendix 1 with the new proposal plan creating the additional allotment being contained at Appendix 2.

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The applicant also seeks to extinguish Easement C on RP908379 being contained within the approved proposed Lots 83 and 84 adjacent to the western boundary of the site as illustrated at Appendix 1. Easement C currently contains an earth mound being noise amelioration works required when the land was contained within the Residential 3 zone. Zone & Allotment Size A consequential amendment to the Planning Scheme is currently being undertaken to include the subject land within the Special Facilities zone to allow for a number of approved Commercial uses. The Planning Scheme for the Balance of the City of Cairns does not stipulate a minimum allotment size for land contained within the Special Facilities zone. Notwithstanding the above, the proposed allotments are considered to contain sufficient area to accommodate the proposed uses. Traffic & Accessibility Mt Milman Drive is a constructed through road providing connectivity to the Captain Cook Highway via Cattana Road to the north and the Kennedy Highway to the south. A five (5) metre centre median strip is currently in place along the full length of Mt Milman Drive with the exception of a break opposite the northern intersection of Danbulan street and Mt Milman Drive. While it is envisaged by the applicant that each of the proposed allotments will have constructed access from Mt Milman Drive via a left in / left out arrangement for proposed Lots 83, 84 and 85 in addition to proposed Lot 84 being accessible for south bound traffic via a break in the median strip adjacent to the northern boundary of proposed Lot 85, concern is raised with the number of access points onto Mt Milman Drive. It is recommended that the break in the median strip be located adjacent to the northern boundary of proposed Lot 83 with an access easement over proposed Lot 85 in favour of proposed Lot 83 with proposed Lot 83 having limited access onto Mt Milman Drive having regard to the existing constructed access for McDonalds Restaurant located to the south of proposed Lot 83 and the requirement to have a limited number of access points onto Mt Milman Drive to reduce traffic conflict and to facilitate an integrated form of commercial development over the proposed allotments. As a condition of previous development approvals, the applicant is required to submit a traffic report and design drawings for traffic management works for Mt Milman Drive associated with the development of the subject land for commercial purposes. As a recommended condition of approval, the traffic report and the construction of on-street works and the access to proposed Lot 83 must be completed prior to the commencement of the use. In addition, the recommended condition of approval relating to this aspect of the development allows the applicant to bond the required works to enable the immediate signing and sealing of the Plan of Survey should the applicant wish to commence the development of the subject land in the immediate future.

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The final decision on whether proposed Lot 83 will be provided direct access from Mt Milman drive via a left in / left out arrangement is dependant upon the findings of the requested traffic report. Extinguishment of Easement C on RP908379 As part of the development application, the applicant has formally requested Council to extinguish Easement C to facilitate the removal of an existing earth mound located on the western boundary of the subject site. The Department of Main Roads for noise amelioration and screening purposes initially required the earth mound when the subject land was placed within the Residential 3 zone in September 1996. Due to subsequent development approvals over proposed Lots 83, 84 and 85, noise amelioration works adjacent to the Captain Cook Highway are no longer required, however City Image – Objective 6 contained within the Strategic Plan requires Council to have regard to the visual appearance of road corridors within the City of Cairns. Furthermore, it is noted that the Captain Cook Highway is identified as a Major Tourist Route on Diagram A-4 within the Strategic Plan placing greater emphasis on the requirement to implement appropriate landscaping to screen the development when viewed from the Highway. The applicant agrees with the requirement to implement landscape screening along the Highway frontage of the proposed allotments, but is of the opinion that the provision of a 2.5 metre (approximate) earth mound is inconsistent with previous commercial developments that have occurred at Smithfield and accordingly should be permitted to remove it. In order to resolve this issue, Recommendation A requires the applicant to demonstrate to Council through the submission of a detailed landscape plan that future development to occur on the proposed allotments will be suitably screened when viewed from the Highway to the satisfaction of the Chief Executive Officer prior to the issue of a Development Permit for Operational Works to remove the earth mound. This resolution provides the applicant with a degree of flexibility to achieve the desired outcome having regard to the intent of the Strategic Plan whilst providing filtered views of the proposed development when viewed from the Captain Cook Highway. Furthermore, the Department of Main Roads does not object to the cancellation of Easement C subject to the applicant undertaking landscaping works within the six (6) metre Council freehold strip adjacent to the Captain Cook Highway to visually screen future development.

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HEADWORK CONTRIBUTIONS

Calculation Comment Contribution Water Headworks are claimable with the

previous DA’s which must be executed prior to/in conjunction with this approval.

No further contributions required

Nil

Sewerage

Headworks are claimable with the previous DA’s which must be executed prior to/in conjunction with this approval.


Nil

Road/Traffic

Mac Gregor East TMP Contributions are to be determined at time of application for building approval and are claimable prior to issue of C. of Classification.

$2,352(’95) = $2,550 per equivalent residential lot

To be determined

Drainage

Contributions are claimable with the previous DA’s which must be executed prior to/in conjunction with this approval.


Nil

Park Land previously surrendered as Kennedy Park

No contribution sought

Nil

Neil Beck Planning Officer Action Officer Brendan Nelson Manager, City Assessment

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APPENDIX 1

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ORDINARY MEETING

29 MARCH 2001

25

KAMERUNGA SEWERAGE RETICULATION PROJECT

Stephen Devlin:GAS : 1/58/13-02: 279406

RECOMMENDATION:

It is recommended that Council approve the public display of the proposed Kamerunga Sewerage Reticulation scheme and call Public Tenders for the Contruction of Sewers and Associated Works (Tender 55040) to enable contruction works to be completed by November 2001.

INTRODUCTION: As part of its ongoing sewer reticulation program, Cairns Water has undertaken to progressively sewer areas of the city which have been omitted in previous schemes. The 2000/2001 has seen the completion of the Holloway’s Beach Sewerage Reticulation project. The proposed Kamerunga Sewerage Scheme will complete the requirement for provision of sewerage reticulation as outlined in the Planning Report for sewerage reticulation in the Redlynch and Kamerunga areas (1991).

BACKGROUND: The design and documentation of the sewer reticulation in the Kamerunga region, incorporating Sandwich Street, Romney Street, Hastings Street and part of Harley Street has now been completed. This work was planned to be undertaken in the 2001/2002 year. The next stage of the process requires the proposed design to be placed on public display for resident’s comments.

COMMENT: Recent contract prices for sewerage reticulation installation in other areas of the city have seen very competitive. Recent quotations received for a minor sewer reticulation project in Ardisia Street showed “Fixed Price” tenders prices being highly competitive with quality contractors offering up to 45% less than the current design rates.

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It is also considered that if work could commence on the Public Display & tendering of this project prior to the commencement of the new financial year, it can be reasonably expected that work could be completed prior to the beginning of the 2001/2002 wet season. Construction of this scheme ideally should be carried out in the dry season due to the nature of the terrain and its susceptibility to flooding. The proposed program of works is show below on attached Gantt chart.

CONSIDERATIONS: Policy: Design has been developed in line with requirements of Mulgrave Shire Planning Report for the provision of sewerage at Redlynch and Kamerunga, 1991 Financial: Provision is to be made in the 2001/2002 Capital Works Budget for the expenditure required for carrying out these works. Kamerunga Sewerage Reticulation “$689,000.00"

OPTIONS: The Public Display and tendering of this project could be delayed until July 2001, this would result in the construction works extending into the next wet season resulting in delays and possible increased costs to Council.

CONCLUSION: It is considered that the Public Display of the proposed sewerage reticulation scheme be carried out immediately and tender for the construction works be call immediately following this public review phase. Provision for the cost the project will be made in the 2001/2002 capital works budget. ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE

ATTACHMENTS: Gnatt chart : Kamerunga Sewerage Reticulation Stephen P Devlin Manager Business Development

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ORDINARY MEETING

29 MARCH 2001

26

MACHANS BEACH SEWERAGE RETICULATION Stephen Devlin:GAS : 1/58/13-02: 279437

RECOMMENDATION:

It is recommended that Council approval the calling of Public Tenders for the design and survey of the proposed Machans Beach sewerage reticulation project.

INTRODUCTION: As part of its ongoing sewer reticulation program, Cairns Water has undertaken to progressively sewer areas of the city which have been omitted in previous schemes. The 2000/2001 financial year has seen the completion of the Holloways Beach Sewerage Reticulation project. The proposed Machans Beach Sewerage Scheme will complete the requirement for provision of sewerage reticulation as outlined in the Planning Report for sewerage reticulation in the Holloway’s Beach and Machans Beach areas (1991).

BACKGROUND: The design and documentation of the sewer reticulation in the Machans Beach area is a detailed process that due to the developed nature of the Machans Beach residential area will involve a large amount of community consultation and innovative design solutions. It is proposed to consider both a conventional sewerage network design and a vacuum sewerage system design.

COMMENT: Recent contract prices for survey and design works in other areas of the city have seen very competitive. It has been noted that with the current development environment, consulting engineers are offering very competitive rates for design and survey works. Furthermore, recent contract prices for sewerage reticulation installation in other areas of the city have been very competitive. Recent quotations received for a minor sewer reticulation project in Ardisia Street showed “Fixed Price” tenders prices being highly competitive with quality contractors offering up to 45% less than the current design rates.

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Estimate of Capital Costs (based on conventional design 1991 report)

Item Description Quantity Rate $A Amount $A

1.

Sewers (a) 150mmØ (b) 225mmØ (c) 300mmØ

6100m-1

760m-1

480m-1

160 180 200

976,000 136,800 96,000

2. Manholes (a) Type A (b) Type B

35

110

2000 2250

70,000

247,500 3. Submersible Pump

Stations Major Minor

1 4

250,000 125,000

250,000 600,000

4. Miscellaneous Items e.g. Road repairs Restorations, “Jump Up” Installations

- - 356,000

5. Contingencies (20%) i.e. digressions from plan due to factors over which there is no control e.g. Cyclone

- - 546,460

6. Survey, Engineering, Administration and On-Costs (15%)

- - 491,814

TOTAL 3,770,574 With the current climate in the construction industry, it is considered that competitive tenders could deliver a construction cost of about $2.8M. The use of a vacuum sewerage system also has the potential to deliver a more cost-effective design as well as minimise the impact on resident’s properties. Commencement of the survey and design phase of this project prior to the end of this financial year will allow construction works to commence during the next wet season. The nature of the sand and its behaviour in dry conditions favours construction during the wet season. It is expected that survey, detailed design and tender documents can be finalised to enable construction works to commence during November/December 2001.

CONSIDERATIONS: Policy: Design to be developed in line with requirements of Mulgrave Shire Planning Report for the provision of sewerage at Holloways Beach and Machans Beach, 1991

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Financial: Provision is to be made in the 2000/2001 Capital Works Budget at the nine monthly review for the expenditure required for carrying out these survey and design works. With the completion of the Holloways Beach Stage 4 Project ($150,000) will be available to fund the Survey & Design Stage of the Machans Beach project. Machans Beach (Survey, Design & Tender Documentation) "$150,000" Provision is to be made in the 2001/2002 Capital Works Budget for the expenditure required to commence the construction phase of this project.

CONCLUSION: It is considered that the Council proceed to call tenders for the survey and design of the proposed Machans Beach sewerage reticulation scheme. Provision for the cost the project will be made in the 2000/2001 capital works budget at the nine monthly review. ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE Stephen P Devlin Manager Business Development

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