cairns city council planning, development & … · outside the boundary of the subject land...

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CAIRNS CITY COUNCIL

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE

13 MARCH 2001

TABLE OF CONTENTS

1. MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – LOT 1 LITTLE MULGRAVE ROAD – LITTLE MULGRAVE...........................................................1

Neil Blamey MKH: 8/8/192 : 268766

2. MATERIAL CHANGE OF USE – CODE ASSESSMENT – 3 VINE CLOSE, BAYVIEW HEIGHTS ............................................................................................13

Neil Beck:KRP : 8/7/67 : 270731

3. MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – 69 MORESBY STREET, TRINITY BEACH ..................................................................................20

Neil Beck:KRP : 8/8/249-01: 271561

4. RECONFIGURING A LOT – 7 BLANTYRE CLOSE, MANUNDA........................26 Belinda Jackson:clp : 8/13/382 : (271905)

5. RECONFIGURING A LOT (ONE INTO TWO) – MCGREGOR ROAD, SMITHFIELD.........................................................................................................32

Belinda Jackson:clp : 8/13/377-01 : 272317

6. RECONFIGURING A LOT – DEPPLER ROAD, EDMONTON – BOUNDARY REALIGNMENT....................................................................................................41

Neil Blamey:CLP : 8/13/359-01 : 271367

7. PLANNING SCHEME REQUIREMENTS FOR THE LITTLE ITALY RESTAURANT, MACHANS BEACH....................................................................50

Ian Behrendorff:KRP : 8/20/1-55 : 272059

8. ADVERTISING SIGNAGE – CAPTAIN COOK HIGHWAY AND POOLWOOD ROAD, KEWARRA BEACH .................................................................................58

Ian Behrendorff:KRP : 8/1/1-19 : 271923

9. CLARIFICATION OF HEADWORK CONTRIBUTIONS APPLICABLE TO THE ESTABLISHMENT OF A HOSTEL (HIGH DENSITY)..........................................64

Neil Beck : 8/20/1-55 : 269501

10. DISPENSATION OF PLANNING SCHEME PROVISIONS ..................................76 Neil Beck:KRP : 8/13/300 : 269360

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11. EXTRACTIVE INDUSTRY PERMIT NUMBER 13-3 – BORAL RESOURCES (QLD) PTY LTD – CAPTAIN COOK HIGHWAY, WEST OF HOLLOWAYS BEACH ROUNDABOUT.......................................................................................84

Mark Dillon:KRP : 13/16/1-09 : 265418

12. PRELIMINARY APPLICATION – DISPENSATION OF BUILDING AND HEIGHT REQUIREMENTS DCPB HILLSIDES..................................................................96

Dan Gilligan: jf : 12/16/5-01: 271035

13. LAND MANAGEMENT AGREEMENTS – STATUS REPORT...........................101 Neil Blamey:CLP : 13/1/2-08 : 270694

14. TEMPORARY DEVELOPMENT EXTENSION OF NIGHT CLUB FOR THREE ADDITIONAL EVENINGS, PLAYPEN 2000, 3-5 LAKE STREET, CAIRNS ......105

Clayton Oostergo:KRP : 18/46/1-78 : 270638

15. INDIGENOUS LIAISON AND POLICY OFFICER ..............................................116 Deevah Melendez : 1/3/22-02: 272503

16. RAMIFICATIONS & IMPLEMENTATION OF OPENING CITY LIBRARY ON SUNDAYS...........................................................................................................120

Kass Gardiner:kcg : 1/53/1-03: 269147

17. STATEWIDE COMMUNITY CENTRE’S WEEK 2001 ........................................123 Kareen Pillar KP: 1/3/22 #271814

18. COMMUNITY CENTRES AND HALLS POLICY ................................................127 Leslie Sparkes : 10/23/1-09: 271046

19. APPLICATION TO ACQUIRE TENURE OVER PART OF LOT 75 USL9604 EDUCATION QUEENSLAND HOLLOWAYS BEACH ENVIRONMENTAL EDUCATION CENTRE .......................................................................................137

S Keane : 19/3/3-27: 270059

20. RATIONALISATION OF TENURES ELLIS BEACH LEISURE PARK...............147 Allan Simpson:vk : 19/3/3-28: #270898

21. ASSIGNMENT OF LEASE – PART OF LOT 452 ON RP 710126 FROM IDBURY PTY LTD TO PLANEJANE PTY LTD.................................................................155

Allan Simpson:vk : 19/3/3-27: #269645

22. FAR NORTH BUILDING CERTIFICATION – REPORT FOR PERIOD ENDING 28 FEBRUARY 2001. ..............................................................................................159

Nigel Daniels : nrd : 12/2/3-03 : 269017

23. MONTHLY REPORT TO COUNCIL – CITY ASSESSMENT..............................163 Brendan Nelson:MKH: 1/59/2 : 269726

24. COMPENSATION CLAIMS & PLANNING APPEALS .......................................165

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Sue Shearer: 8/20/1 : 199233

25. COMMUNITY DEVELOPMENT MONTHLY REPORT .......................................170 Leslie Sparkes:KG : 1/58/10-01: #266169

26. ENVIRONMENTAL ASSESSMENT MONTHLY REPORT FOR FEBRUARY 2001............................................................................................................................183

TD:ALD 1/58/10-01 #269626

27. RECONFIGURING A LOT – 13-15 TOOHEY STREET, PORTSMITH – CREATE TWO LOTS .........................................................................................................186

Jenny Elphinstone:KRP : 8/13/378 : 270956

28. NEGOTIATED DECISION - RECONFIGURATION OF A LOT – BRUCE HIGHWAY, FOSTER ROAD AND BARNARD DRIVE, WHITE ROCK ..............193

Neil Beck:KRP : 8/13/300-04 : 272495

29. MATERIAL CHANGE OF USE – DETACHED DWELLING AND BOUNDARY REALIGNMENT – 29-31 AND 33-35 PALMERSTON STREET, AEROGLEN...203

Jenny Elphinstone:KRP : 8/30/16 : 273351

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PLANNING & DEVELOPMENT COMMITTEE

13 MARCH 2001

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MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – LOT 1 LITTLE MULGRAVE ROAD – LITTLE MULGRAVE Neil Blamey MKH: 8/8/192 : 268766

PROPOSAL: OUTDOOR ENTERTAINMENT – MOUNTAIN BIKE PARK APPLICANT: D J FOLEY & L N FOLEY P O BOX 632E EARLVILLE Q 4870 LOCATION: LOT 1 LITTLE MULGRAVE RD LITTLE MULGRAVE PROPERTY: LOT 1 ON SP117594, PARISH OF GRAFTON ZONE: RURAL STRATEGIC PLAN: RURAL/RURAL CONSTRAINED DCP: DCP4 – HILLSLOPE A AND B CONSTRAINED NUMBER OF SUBMITTERS: 6 STATUTORY ASSESSMENT DEADLINE: 19 MARCH 2001 DIVISION: 1 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 an Outdoor Entertainment (Mountain Bike Park) on land described as Lot 1 on SP117594 Parish of Grafton, located at Lot 1 Beryl Ann Drive, Little Mulgrave subject to the following conditions:-

Assessment Manager Conditions

1. The Outdoor Entertainment is to be developed and operated in accordance with the amended plans No 1 Issue B as submitted with the amended application dated 30 October 2000 and 10 December 2000, specifications, facts, and circumstances as set out in the modified 30 October 2000 and 10 December 2000 application submitted to Council, except as modified by the following conditions.

2. The conditions of the 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. Twenty (20) Car parking spaces are to be provided onsite. The carparking layout must be designed in accordance with Australian Standard AS2890.1 1993 Parking Facilities - off street carparking, except as varied with the consent of the Chief Executive Officer.

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Carparking areas, driveways and vehicular manoeuvring areas are to be constructed in accordance with the Approved Plan and with Council’s Development Manual prior to the commencement of the use and must be maintained at all times to the satisfaction of the Chief Executive Officer.

4. The applicant shall provide a sign at the entry of the property to the satisfaction of the Chief Executive Officer, advising of the location of the off-street carparking area and access thereto. Details of the sign shall be submitted before the commencement of use.

5. Any overflow carparking area shall be set back a minimum of 15 metres from the front property boundary and a minimum of 30 metres from the side property boundary. No carparking is permitted on Beryl Ann Drive. All vehicular access to Lot 1 SP117594 is to be gained via Beryl Ann Drive.

6. The Outdoor Entertainment shall involve a maximum of 30 participants on-site at any one time; additionally no more than four local events of three hour maximum duration shall be held on-site per year and no State or National events shall occur on-site unless previously approved by Council, all to the satisfaction of the Chief Executive Officer.

Landscaping

7. The applicant/owner must landscape Lot 1 SP117594 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 submitted and endorsed by the Chief Executive Officer prior to the commencement of the use. In particular, the plan must show:

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

b. landscaping of all indicated setback areas as shown on the submitted amended plan dated 10 December 2000. The applicant/owner must landscape with a row of screening trees the length of the western and northwestern boundary of the part of Lot 1 SP117594 located in the general vicinity of Beryl Ann Drive;

c. stabilisation of all cut and fill batters and winch/tow disturbed areas; and

d. a vegetated separation buffer between bike tracks and the adjacent properties.

8. All existing creek systems and drainage areas are to be left in their current state. There is to be no channel alterations and no removal of vegetation unless approved in writing by the Chief Executive Officer.

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Health

9. All refuse resulting from the Outdoor Entertainment use on the site is to be removed from the site and any waste containers must be maintained at all times to the satisfaction of the Chief Executive Officer.

10. Noise must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance.

11. The applicant shall ensure that on completion of any on-site construction works the subject land will be maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer.

12 Toilet facilities shall be provided in an appropriate location. If the toilet facilities are permanent and involve on-site disposal then the applicant must demonstrate to the satisfaction of the Chief Executive Officer how the proposal complies with the Interim Code Of Practice for On-Site Sewerage Facilities. Further, if the on-site disposal has a capacity of involves twenty-one (21) or more equivalent persons, an application will be required to the Environmental Protection Agency for Material Change of Use as an environmentally relevant activity.

Engineering Conditions

13. The subject land must be drained to the natural drainage system for the site 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.

14. 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 and implemented in accordance with the Development Manual prior to the commencement of use.

15. The applicant/owner must construct gravelled formed and drained internal access roads and parking to the satisfaction of the Chief Executive Officer so as to provide adequate access for vehicles.

Three (3) copies of plan of the works must be submitted a the time of lodgement of a development permit for the carrying out of operational work and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for the carrying out of Operational Works. 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.

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16. At all times, the applicant/owner must ensure dust suppression measures are undertaken for the site to ensure that any unsealed areas do not create a dust nuisance to surrounding areas to the satisfaction of the Chief Executive Officer .

Miscellaneous

17. The bus located on site shall be relocated to the vicinity of the main carpark area prior to the commencement of the use.

18. The proposed colour scheme for the proposed lift structure shall conform with Council’s Hillslope Category B requirements to Council’s satisfaction.

19. Any earthworks required to construct bike trails or vehicular access tracks shall conform with Council’s Hillslopes Development Control Plan Category B requirements and a further application for Operational Works shall be submitted to Council if the scale of proposed earthworks triggers such an application.

20. 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 to the requirements and satisfaction of the Chief Executive Officer.

21. The use shall be conducted only between 9.00am and 6.00pm Monday to Sunday.

22. No camping is permitted on-site.

23. Any necessary permits/approvals required for works crossing the existing creeks or bore licences shall be obtained from the Department of Natural Resources prior to the commencement of use.

B. That Council advise the Applicant that the Approval does not have effect until the full application fee has been paid.

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.

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2. Signs on the land must conform with Council's Local Laws - Signs & Advertisements. All signage in respect of the approved development must obtain the necessary approvals pursuant to Local Law 28. Council’s Development Assessment Section has administrative responsibility for this matter.

3. The provisions of the Integrated Planning Act, the Building Act, the Fire Safety Act, the Health Act, the Food Act 1981, the Disability Discrimination Act (Commonwealth) and the Anti Discrimination Act and all other relevant Acts and Regulations and the Local Laws of the Council from time to time must at all times be observed and performed in relation to the land, the building and the use and occupation thereof.

Note that licensing under the Food Hygiene Regulations 1989 will be required if there is any commercial activity involving the preparation of foodstuffs.

4. Car pooling arrangements are to be encouraged where possible to access the site.

5. The applicant shall consider entering into a Land Management Agreement with Council over the vegetated part of Lot 1.

6. A Fire Prevention Strategy shall be considered for Lot 1 in conjunction with Queensland Fire and Rescue prior to the commencement of the use. An emergency evacuation plan should also be developed in conjunction with Queensland Fire and Rescue.

EXECUTIVE SUMMARY Application has been made for an Outdoor Entertainment (Mountain Bike Park) to be located at Beryl Ann Drive in the Little Mulgrave Valley. Submissions from nearby residents in Beryl Ann Drive were received in relation to the proposal. Conditions of approval address issues raised by submitters, particularly in relation to access to the site via Beryl Ann Drive. The proposal generally meets the requirements of the Planning Scheme and is recommended for approval.

TOWN PLANNING CONSIDERATIONS Proposal The applicants seeks to establish an Outdoor Entertainment (Mountain Bike Park) within the subject site as indicated in Appendix 1. The subject site is currently improved by a dwelling house located at the end of Beryl Ann Drive. On-going rural activities include a horse agistment, proposed tropical fruit growing and forestry tree planting. The proposed development includes the provision of : 1. A barbeque area for visitors;

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2. A campsite for volunteers – trail maintenance; 3. Minibus Shuttle bus (16 seater) transfers to the site for tours and events from the mountain view hotel area; 4. 20 customer carparks; 5. Local Racing comprising four three hour events per year (30 persons max); 6. A downhill bike course & winch / tow system; 7. A trials course; 8. A cross-country course; 9. Ancillary Environmental / education group activities, Triathlons, Cairns MTB Club activities, Nature activities; and 10. Guided mountain biking half day nature based tours – 3-4 times a week (16 seat minibus). Strategic Plan/Land Zoning/DCP The subject site is indicated as Rural and Rural Constrained in the Strategic Plan for Hillslopes DCP constrained reasons. The subject site is zoned Rural with surrounding land uses being for Low Density Residential and Rural uses. The intent of the Rural zone envisages that outdoor entertainment (mountain bike park), may be permitted in appropriate locations subject to development criteria which will ensure a satisfactory form of development compatible with surrounding land uses. As conditions have been imposed to control the impact on the Hillslopes Development Control Plan Category B areas, the resultant impact of the proposed development is considered to be acceptable. Car Parking Requirements The Planning Scheme requires that appropriate car parking be provided as determined by Council. The proposed Outdoor Entertainment is expected to generate a theoretical demand for 20 car parking spaces. A minibus will transport some participants and spectators to the site on local event racing days, however the majority will travel to the site in private vehicles. Under these circumstances the 20 car parking spaces proposed to be provided onsite in the amended location remote from neighbours as proposed are considered satisfactory to service the proposed Outdoor Entertainment. Provision is made for some overflow carparking when required on a grassed area distant from neighbouring residential properties. Impact of Proposal The proposed development is expected to have minimal impact provided that the recommended conditions are adhered to. Submitters concerns where relevant have been addressed in these conditions. The subject site adjoins the Wet Tropics area. The application has been deemed minor in nature in accordance with Instrument of Delegation 2 dated 2 December 1999, and consequently no Referral Coordination was required. Public Notification/Submissions

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Public Notification was originally undertaken in June and July 2000 with 7 submissions being received together with a petition containing 74 signatures. The Applicant then decided to change the application and downscaled the proposed development. The later public notification period ended on 27 November 2000 and a total of 6 submissions were received in response to the public notification of the proposal. Concerns raised by submitters are summarised below: Noise: Submitters are concerned that music, spectator, machinery and public address system noise from the proposed Outdoor Entertainment will adversely affect residential amenity. Heavy farm machinery noise is not common place in the area. Comment: Separation distances as provided in the revised proposal will create a significant buffer to adjoining residences. A condition has been included to restrict the amount of noise emanating from the site. Traffic: Increased volume of traffic will create a dangerous situation at the intersection of Little Mulgrave road and Gillies Highway. Comment: The expected increase in traffic is not considered to be of a degree or frequency that is of concern. Access: Concern is raised by some submitters that access to the proposed use should not be gained via Beryl Ann Drive. Other submitters reject the suggestion that alternative access should be made available via the Esplanade, but also state that the road system leading to the development is narrow and dangerous in one area and inadequate for the increased traffic that will be generated by the development, however one submitter does not support the widening of the road. Concern is expressed about degrading road conditions and dust on the unsealed section of road. Access from the cul de sac may be restricted to adjacent properties. The local roads are used for pedestrian, horse riding and cane hauling. Comment: Beryl Ann Drive is a cul-de-sac and currently has very low levels of traffic. Residents concerns that traffic levels will increase to unacceptable use levels on Little Mulgrave Road and Beryl Ann Drive for the Outdoor Entertainment use seem largely unfounded from a traffic engineering perspective. To ensure that residential amenity is maintained, it is considered reasonable to encourage mini-bus use and car pooling to transport clients wherever possible for access to the Outdoor Entertainment site. Access to the site is not appropriate from the river esplanade. No State or National events will be allowed, unless specifically approved by Council. Erosion: The submitters are particularly concerned that the use of the subject site as an Outdoor Entertainment will encourage soil erosion on the steeper slopes and creek banks and increase runoff may damage river water quality and bores and practices on adjoining properties.

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Comment: The applicant proposes to stabilise the site and actively control erosion. A condition has been included accordingly. Amenity: Concern is expressed that the proposed development will have a detrimental impact on the quiet rural charm and the rural residential character with undesirable noise and visual impacts and is an inappropriate use in this area. Neighbouring properties may fall in value as a result of any approval. Undesirable dust may result from the biking activity. Portable toilet facilities and a dilapidated bus as an office reduce the aesthetics of the area. Comment: Conditions have been placed limiting noise emanating from the subject site and boundary vegetation screening, and the proposal plan indicates satisfactory separation distances to nearby residences. Toilets will be provided in accordance with Council’s requirements. The old bus is to be moved out of sight of residents and the subject area will be required to be kept in a neat and tidy condition at all times. Dust from the activity is to be minimised with conditions imposed accordingly. Carparking: Inadequate carparking spaces are provided on site for participants and spectators and Beryl Ann Drive is unsuitable for overflow carpark spaces due to potential dusty or boggy road shoulders. Alternatively another view is that many cars could be potentially accommodated on the property with no way disclosed in the application how the resultant traffic could be safely catered for or prohibited from using Little Mulgrave Road. Comment: It is considered the 20 carpark spaces proposed will provide adequate carparking on site, with a large additional area provided for overflow carparking if required. No parking will be allowed on Beryl Ann Drive. Fire Risk: Increased fire risk will result from the proposed development, alternatively fire may spread to the property from adjacent trash blanket burns for cane farming purposes. Comment: The applicant will be recommended to prepare a fire prevention strategy. Security: Security will be compromised and rubbish will be a problem to neighbours. Privacy to neighbours will be reduced. Comment: Surrounding properties in the immediate area will be screened with vegetation and the area will be required to be kept clean and tidy at all times. Future Size: The proposed development may expand in the future to a larger size Comment: Any substantial increase in size will trigger an application for material change of use, the applicant has limited race events to 30 preregistered riders at one time. A condition has been imposed accordingly. Need: There is no need for this proposed sporting facility as alternative venues exist at Smithfield and other more suitable sites could be found.

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Comment: An alternative site at Smithfield is at the northern end of Cairns. The opportunity to have a sporting/recreational facility provided on private land is considered desirable when actively managed by the proponent. Camping: No provision in application for provision of camping facilities and no provision for human or other waste is provided. Effluent from camping may seep into the water extracted from nearby bores. Comment: No camping will be allowed on site and amenities are to be built on site in accordance with Council’s requirements and the Interim Code for on-site Effluent Disposal.. Tourism: The applicant has overstated the extent of local tourism activities in the area. The 1990 fruit winery approval on adjacent Lot 4 was never acted upon. The orchid valley tourist attraction has scaled down since the train ceased operation. The applicant has understated the anticipated low level of activity on the subject site; eg triathalon, birdwatching, other clubs. Comment: The level of tourism has probably been reduced in the area in recent years, which may result in less overall traffic on Little Mulgrave Road. Any other activities on the site will need to be ancillary to the main activity of outdoor entertainment - mountain bike riding. General: The application is not for outdoor entertainment but for mountain bike park-cycling activities which is a non-defined use in the planning scheme. The notification and advertising of the development is inadequate in its description and identification of the subject land. Comment: The use as ‘mountain bike park’ was cited in the notification activities, it is considered the general intent of outdoor entertainment is conveyed adequately and the failure to notify as outdoor entertainment (mountain bike park) is not considered to compromise the public notification undertaken. Indeed, this submission by its own admission acknowledges that the public were aware of its use as a mountain bike park. The development will cause additional constraints upon cane farming on adjacent properties. A buffer zone should be provided between the subject land and adjacent farm land. Comment: It is considered that the proposal will have little impact on existing farming activities in the area. Separation buffers will be required between bike tracks and the adjacent properties. A fire prevention strategy is to be considered. No restriction on number of participants for non-competitive activities, training, social and licensing testing days. Comment: The applicant has restricted racing to 30 riders, any other activities will need to be ancillary to the approved use and/or comply with the conditions of approval. Applicant should be required to notify the adjoining land owners personally two weeks in advance of any activities to be conducted on the land.

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Comment: This requirement appears onerous, conditions have been imposed to minimise the impact of the proposed use. The amended proposed use is limited in scale. The current application if approved will compound the irregularities and constraints brought about by the previous unlawful low density residential subdivision in a rural area. No further approvals should be given until these earlier irregularities are addressed. The proposal is in conflict with prior Council resolutions and assurances regarding no further development in the valley given to Piccolo Brothers by Council. The application is inconsistent with a previous refusal by Council of a rezoning and reconfiguration of the adjacent land owned by Piccolo Brothers. Comment: These concerns are not relevant to the assessment of the current application. The applicant should show Council permits obtained from the Department of Environment and Heritage and the Department of Natural Resources relevant to the proposed use of the land. Comment: A condition has been included to require any permits from the Department of Natural Resources to be obtained. It is considered that no permit is required from the Department of Environment. FEE REDUCTION REQUEST The applicant has requested that Council grant fee reduction from fees to be paid for the application based on the small scale of the activity and the benefit of the community component. The relevant fee applicable in this instance is $3605.00. Council advised the applicant on 15 February 2000 that no application fee was to be paid until after Council had determined the application. It is for Council to now decide this request prior to Council requiring the fee to be paid by the Applicant. It is recommended however that the assessment of this application has involved a considerable amount of officer time and the full application fee appears to be relevant in this instance. Neil Blamey Brendan Nelson

PLANNING OFFICER MANAGER, CITY ASSESSMENT

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APPENDIX 1

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13 MARCH 2001

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MATERIAL CHANGE OF USE – CODE ASSESSMENT – 3 VINE CLOSE, BAYVIEW HEIGHTS Neil Beck:KRP : 8/7/67 : 270731 PROPOSAL: BED AND BREAKFAST ACCOMMODATION (2 BEDROOMS) APPLICANT: TROY RICHARDSON BUILDING APPROVAL &

INSPECTION SERVICES PO BOX 806E EARLVILLE QLD 4870 LOCATION: 3 VINE CLOSE, BAYVIEW HEIGHTS PROPERTY: LOT 15 ON RP891007 ZONE: RESIDENTIAL 1 STRATEGIC PLAN: RURAL CONSTRAINED DCP: HILLSLOPES DCP – CATEGORY B - CONSTRAINED NUMBER OF SUBMITTERS: N/A STATUTORY ASSESSMENT DEADLINE: 14 MARCH 2001 DIVISION: 4 APPENDIX: 1. SITE LAYOUT PLAN 2. FLOOR PLANS

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LOCALITY PLAN

RECOMMENDATION:

That Council approve the application for Material Change of Use (Code Assessment) for the development of a Bed and Breakfast with one (1) guest bedroom on land described as Lot 15 on RP891007, Parish of Cairns, located at 3 Vine Close, Bayview Heights, subject to the following conditions:-

Assessment Manager’s Conditions:-

1. The applicant/owner must at all times carry out the development and conduct the approved use(s) generally in accordance with:-

i. the approved plan no’s 99-1819 1-9, 99-1819 2-9 and 99-1819 3-9 dated 9 February 2000;

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 endorsement issued thereunder.

2. The Bed and Breakfast use is to be limited to one (1) guest bedroom.

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Carparking and Access Requirements

3. The amount of vehicle car parking must be as specified in Council's Planning Scheme which is three (3) spaces. The car parking must be constructed in accordance with the endorsed plan and 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.

Water Saving

4. All toilets to be used in conjunction with the Bed and Breakfast must be fitted with dual flush cisterns. Water flow regulators must be fitted to all shower recesses, bathrooms and kitchen facilities used in conjunction with the Bed and Breakfast to generally restrict water flow to 9 litres of water per minute, all to the satisfaction of the Chief Executive Officer.

Health

5. Noise from either air conditioning units, swimming pool filters, 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).

6. All kitchen, bathroom and toilet facilities must be maintained in a satisfactory state at all times to the requirements and satisfaction of the Chief Executive Officer.

7. Time of stay for guests must be no more than 4 weeks.

8. The only cooking facilities provided and available to the visitor are to be those within and normally associated with the residence of the owner. At least one substantial meal shall be offered to the visitor each day.

9. Bed and Breakfast accommodation shall be limited to dwelling house which is occupied by the owner or lessee and wherein a maximum of three bedrooms are made available to the travelling public. Toilet/bathing facilities must be provided for the exclusive use of the guests, in addition to those used by the family.

10. The premises is to be registered under the provisions of Council’s Local Law No. 6 rental accommodation.

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Miscellaneous

11. The owner must display in a prominent position the street number of the premises and must display on the entrance fence of the premises or the building the approved bed and breakfast logo provided that such logo shall not exceed a size of 0.3m2 and may only be illuminated if it is displayed on the building and then only with an incandescent globe with a wattage not exceeding 40 watts. No other sign indicating the nature or use of the premises shall be displayed.

ADVICE

1. The provisions of the Integrated Planning Act, the Building Act, the Fire Safety Act, the Health Act, the Food Act 1981, the Disability Discrimination (Commonwealth) and the Anti Discrimination Act and all other relevant Acts and Regulations and the Local Laws of the Council from time to time must at all times be observed and performed in relation to the land, the building and the use and occupation thereof.

2. The kitchen facilities are to comply with the Food Hygiene Regulations 1989. Application for registration and licensing must be made to Council’s City Services Health section and the relaxation of certain structural aspects of the kitchen in relation to Bed and Breakfast Accommodation is approved.

3. 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: Council is in receipt of an application for a Material Change of Use – Code Assessment for the establishment of a Bed and Breakfast accommodation facility on land described as Lot 15 on RP891007, Parish of Cairns, located at 3 Vine Close, Bayview Heights. The subject land has an area of 899m2 and is contained in the Residential 1 zone of the Planning Scheme for the Balance of the City of Cairns. The applicant proposes to develop the site for the purpose of a Bed and Breakfast with two (2) bedrooms being provided for guest accommodation. Appendix 2 contains the floor plans of the dwelling illustrating the guest bedrooms to be located on the lower level of the dwelling. Concern is raised with the configuration of on-site parking and given the minimal on-street parking available in the immediate vicinity, it is recommended that the application be limited to one guest bedroom, subject to reasonable and relevant conditions.

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TOWN PLANNING CONSIDERATIONS: The following matters are considered relevant for the assessment of the proposal. Intent of Residential 1 Zone The subject land is currently included within the Residential 1 zone for the Planning Scheme for the Balance of the City of Cairns. The establishment of a Bed & Breakfast is contained in Column 2 of the Table of Zones and is considered a compatible use within the Residential 1 zone. Car Parking and Access Requirement The Planning Scheme requires the applicant to provide a minimum of one (1) off-street car parking space per approved bedroom for guest accommodation, in addition to two (2) spaces being provided, for the sole use of the family occupying the dwelling. The dwelling is accompanied by two car spaces within the existing garage and the applicant is proposing two additional spaces located within the access area which will impact manouverablility and access to the garage. Concern is raised with the inadequacy of this parking arrangement, particularly given the topography of the site and it is recommended that one additional space at most can be provided on-site. Furthermore, the proposed car parking arrangement illustrated at Appendix 1 precludes one of the access points from Vine Close. Given these concerns it is recommended that support be limited to a single guest bedroom. All other planning provisions for a bed and breakfast have been met. HEADWORKS / CONTRIBUTIONS: No contributions are applicable to the development. Neil Beck Planning OfficerAction Officer

Brendan Nelson Manager – City Assessment

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APPENDIX 1

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APPENDIX 2

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13 MARCH 2001

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MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – 69 MORESBY STREET, TRINITY BEACH Neil Beck:KRP : 8/8/249-01: 271561 PROPOSAL: DISPLAY HOME APPLICANT: QUEENSLAND DEPARTMENT OF HOUSING C/- R CRUICE GPO BOX 690 BRISBANE 4001 LOCATION: 69 MORESBY STREET, TRINITY BEACH PROPERTY: LOT 21 ONSP117424 ZONE: SPECIAL FACILITIES (PLAN OF DEVELOPMENT –

DEVELOPMENT GENERALLY IN ACCORDANCE WITH DEVELOPMENT PLAN A – EARL HILL NORTH PLAN 5433-21A)

STRATEGIC PLAN: URBAN

DCP: N/A NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 23 MARCH 2001 DIVISION: 11 APPENDIX: 1. FLOOR PLAN & ELEVATIONS

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LOCALITY PLAN

RECOMMENDATION

That Council approve the application for a Material Change of Use (Impact Assessment) for the development of a Display Home on land described as Lot 21 on SP114724 Parish of Smithfield, located at 69 Moresby Street, Trinity Beach, subject to the following conditions:-

Assessment Manager’s Conditions:-

1. The applicant/owner must at all times carry out the development and conduct the approved use(s) generally in accordance with:-

i. the approved plan no’s SHC 2012-SK1 & SHC 2012-SK2 dated 13 July, 2000 and 27 July, 2000 respectively;

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,

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2. Hours of operation for the Display Home shall be limited to the following:-

9.00 am to 5.30 pm Monday to Friday

10.00 am to 5.30 pm on Saturdays & Sundays

3. The approval for the use of the detached dwelling as a Display Home shall cease and determine one (1) year from the date of issue of the Development Permit for the Material Change of Use unless otherwise approved by the Chief Executive Officer.

ADVICE

1. The provisions of the Integrated Planning Act, the Building Act, the Fire Safety Act, the Health Act, the Food Act 1981 and all other relevant Acts and Regulations and the Local Laws of the Council from time to time must at all times be observed and performed in relation to the land, the building and the use and occupation thereof.

EXECUTIVE SUMMARY Council is in receipt of an application for a Material Change of Use – Impact Assessment for the construction of a Display Home on land described as Lot 21 on SP114724 Parish of Smithfield located at 69 Moresby Street, Trinity Beach. The proposed development is generally in accordance with the approved Plan of Development for Earl Hill North and approval of the application is recommended.

TOWN PLANNING CONSIDERATIONS

Proposal The Queensland Department of Housing in association with the Queensland Master Builders Association sponsor the annual Smart Housing Design Award. The winner of this award is given the opportunity to participate in the construction of the winning design in the form of a display home. The objective of the Smart Housing concept seeks to provide flexible housing, which over time, achieves cost benefit savings through the promotion of affordability, energy efficiency, universal design and safety and security.

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It is intended that the display home will operate for approximately three (3) months then revert to the general public housing stock. In this regard, it is recommended that the approval have a currency period of 12 months to cover building time and time in which the premises will be used as a display home. Floor plans and elevations of the proposed dwelling is attached to this report as Appendix 1.

Zone The subject allotment has a site area of approximately 675m2 and is contained within the Special Facilities (Plan of Development – Development generally in accordance with Development Plan A – Earl Hill North Plan 5433-21A) Zone, which facilitates an integrated form of development permitting a range of land uses as self-assessable development in various precincts. The subject allotment is located within Precinct 1 of the approved Plan of Development, which permits a number of residential dwellings to be constructed. As Precinct 1 does not nominate the use of a Display Home as one of the listed self-assessable uses, a Material Change of Use application is required. Notwithstanding the above, the proposed development is considered to be generally in accordance with the approved Plan of Development, as the Display Home will form part of the general public housing stock and be utilised as a dwelling house in the near future.

Car Parking The Planning Scheme requires the provision of two (2) spaces, which may be in tandem. The proposal provides for two (2) spaces, one of which is in tandem with the provision of an additional space for visitor parking. The proposal provides the required number of car parking spaces. Public Notification The application was advertised in accordance with the notification requirements of the Integrated Planning Act and no submissions were received.

HEADWORK CONTRIBUTIONS No contributions are applicable to the proposed development. Neil Beck Planning OfficerAction Officer


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APPENDIX 1

25

PLANNING AND DEVELOPMENT COMMITTEE MEETING

5 MARCH, 2001

4

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RECONFIGURING A LOT – 7 BLANTYRE CLOSE, MANUNDA Belinda Jackson:clp : 8/13/382 : (271905) PROPOSAL: RECONFIGURING A LOT (COMMUNITY TITLE SUBDIVISION) APPLICANT: GHD SURVEYS PTY LTD C/- BRUCE TALLON PO BOX 819 CAIRNS QLD 4870 LOCATION: 7 BLANTYRE CLOSE, MANUNDA PROPERTY: LOT 2 ON RP731265, PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: MEDIUM DENSITY RESIDENTIAL DCP: DCP1 – 100 PERSONS/HA DCP2 – PRECINCT 6 NUMBER OF SUBMITTERS: N/A STATUTORY ASSESSMENT DEADLINE: 15 MARCH, 2001 DIVISION: 6 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council approve the application to reconfigure land described as Lot 2 on RP731265, Parish of Cairns, located at 7 Blantyre Close, Manunda, into two (2) lots with common property, subject to the following conditions:-


1. The proposed Plan of Reconfiguration No 4210422-01 dated 30 January 2001 is approved subject to any alterations:-

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

b. The applicant shall provide water and sewerage connections to each lot prior to the release of the Survey Plan.

2. The applicant must submit a Community Management Statement to the satisfaction of the Chief Executive Officer prior to the submission of survey plan(s) to Council for the approval and dating. The statement must acknowledge that the Body Corporate shall be responsible for the management and maintenance of all services within the common area on the proposal plan.

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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.

EXECUTIVE SUMMARY Council is in receipt of an application for reconfiguring a lot that will result in dividing one (1) lot into two (2) with a small area of common property. Approval is required under the Integrated Planning Act and also, as the proposal creates ‘common land’, the Body Corporate and Community Management Act also relates. The proposed development is generally consistent with the Strategic Plan, the Residential land zoning and the subdivision provisions, therefore the application is supported subject to appropriate conditions. TOWN PLANNING CONSIDERATIONS Proposal The subject site located at 7 Blantyre Close is currently improved by a dual occupancy. The application proposes separation of the two (2) dwellings constituting the dual occupancy with each dwelling having its individual land title in addition to a small area of common property. The proposed area of common property is 2m² with is to be located on the Blantyre Close frontage for the purpose of containing the existing letterboxes. The dual occupancy is currently serviced by two separate driveways and each dwelling has a separate carport area. Also, when considering site characteristics an existing drainage easement extends along the southern boundary of the existing property as it will continue to facilitate two (2) dwelling units, however each will have a different title. Strategic Plan/DCP The site is designated Medium Density Residential in the Strategic Plan of the Planning Scheme for the Part of the City of Cairns. This designation indicates the areas which are used or intended to be used for medium density residential purposes. The proposed development is in accordance with the intent of this designation. Land Zoning The subject site is included within the Residential Zone. The community title subdivision is governed by the group title provisions of the Town Planning Scheme which specify that the minimum area of lots shall be 300m². The proposed lot layout complies with this requirement as proposed Lot 1 has an area of 504m² and Lot 2 has an area of 484m².

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Impact of Proposal The provisions for subdivision and amalgamation of land state that unless otherwise approved by Council, the common area shall comprise 50% of the total area of the allotment to be subdivided. In this case the proposed development involves only 2m² of the site being used as common property. This is considered appropriate as each proposed lot has sufficient access to open space within its individual land title. Additionally each proposed lot has access to an existing separate driveway. Therefore the only characteristic of the site that necessitates common land is the mailbox structure. The area provided for common property within the proposed development is considered suitable for its intended purpose having regard to its size, shape and dimensions. When considering access and carparking, the Planning Scheme requires that an accessway shall be located within common property and shall be limited to one access point. This provision is considered unreasonable in the context of this application as the separate driveways were approved in the Consent Permit issued for the dual occupancy and therefore form part of the existing lawful use. The proposed lot layout provides good orientation to the street and surrounding area with each lot having individual, direct street frontage. Sufficient on-site parking is available for each dwelling unit. HEADWORKS / CONTRIBUTIONS: Contributions were paid as part of previous consent approval for the dual occupancy and are therefore not applicable for the application for reconfiguring a lot. Belinda Jackson Planning Officer


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APPENDIX 1

31

PLANNING AND DEVELOPMENT COMMITTEE MEETING

13 MARCH 2001

5

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RECONFIGURING A LOT (ONE INTO TWO) – MCGREGOR ROAD, SMITHFIELD Belinda Jackson:clp : 8/13/377-01 : 272317 PROPOSAL: RECONFIGURING A LOT (ONE INTO TWO) APPLICANT: DW KING, GJ MIER AND AJ HUSSEY C/- GT POZZI PO BOX 152 CAIRNS QLD 4870 LOCATION: MCGREGOR ROAD, SMITHFIELD PROPERTY: LOT 1 ON RP710692, PARISH OF SMITHFIELD ZONE: TRADES AND SERVICES STRATEGIC PLAN: URBAN DCP: N/A NUMBER OF SUBMITTERS: N/A STATUTORY ASSESSMENT DEADLINE: 6 APRIL 2001 DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION

That Council approve the application to reconfigure land described as Lot 1 on RP710692, Parish of Cairns, located at McGregor Road, Smithfield into two (2) lots, subject to the following conditions:-


1. The proposed Plan of Survey, Drawing No. 00/162, dated January 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;

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

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c. to ensure compliance with the following conditions of approval.

Vegetation Protection

2. Existing vegetation on the subject land must be retained in all areas except those affected by the construction of roadworks and the installation of services. The extent of any clearing which is required to provide for roadworks or the installation of services or which is to be carried out on proposed lots must be consented to by the Chief Executive Officer before clearing commences in these area.

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Buffers

3. A landscape buffer strip shall be provided for the full length of the southern boundary of the subject site. The buffer strip shall be a minimum of three (3) metres wide and consist of mounding, fencing and/or vegetation so as to provided definite and effective visual buffer to the satisfaction of the Chief Executive Officer. This shall be undertaken prior to the approval and dating of the Plan of Survey.

Water and Sewerage

4. 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 $4,023.00 for water and $2,892.00 for sewerage.

b. Payment is required prior to the approval and dating of the Plan of Survey.

5. The applicant shall provide individual water and sewerage connections to each lot, prior to the release of the Plan of Survey.

Drainage

6. All external stormwater from the property shall be directed to a lawful point of discharge, 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.

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7. The applicant/owner must contribute towards the augmentation of stormwater drainage services and associated services in accordance with the Smithfield Drainage Management Plan. The contribution rate is that which is current at the time of payment. The current rate of contribution is $8,685.44. Payment is required prior to approval and dating of the Plan of Survey.

Open Space

8. The applicant/owner must transfer to the Crown ten (10) percent of the gross area of the subject site for public garden and recreation space in accordance with the requirements of Council’s Planning Scheme and Section 5.6 of the Local Government (Planning and Environment) Act, 1990. The area of land required for buffering in Condition 3 shall be included as part of the required (10) percent.

This area shall consist of a buffer strip located between the proposed allotments and the adjacent residential area. The area is to be cleared of all declared noxious weeds and plants to the requirements and satisfaction of the Chief Executive Officer.

The park areas shall be transferred to the Crown at the same time as registering the survey plans with the Department of Natural Resources.

ADVICE

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

2. This approval, granted under the provision of the Integrated Planning Act, must cease and determine two (2) years from the date of this decision if these conditions and the Council’s Local Law and regulations have not been fully complied with and a Plan of Survey submitted for Council approval and dating.

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EXECUTIVE SUMMARY Council is in receipt of an application to reconfigure land contained within the Trades and Services zone into two (2) allotments located on McGregor Road, Smithfield. The proposed development is considered to be in accordance with the performance standards for Housing, Industry and Commercial Subdivisions and Amalgamation of Land as the allotment size is greater than 800m². The application is recommended for approval, subject to reasonable and relevant conditions. TOWN PLANNING CONSIDERATIONS: Proposal The application is for the reconfiguration of land described as Lot 1 on RP710692 having an area of approximately 4.8 hectares into two (2) lost of equal area, which each having a 156.35 metre frontage to McGregor Road. Currently the subject site has flat topographical conditions and is characterised by significant vegetation that is recognised by vegetation protection orders under Local Law 24 – Vegetation Protection. The applicant has not suggested any further plans to develop the land at this stage.

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Strategic Plan/DCP The subject site is included within the Urban designated in the Strategic Plan. Areas included within the urban designation are those areas suitable for such urban uses as residential, industrial, commercial and the like. The proposed lot reconfiguration is in accordance with the intent as the site will still have sufficient area and utility to accommodate residential, industrial and commercial development. Land Zoning The subject site is located in the Trades and Services zone under the Planning Scheme for the Balance of the City of Cairns. Table E-1 of the Planning Scheme specifies that the minimum area for any proposed allotment within the Trades and Services zone shall be 800m² and have a minimum dimensions of 20 metres by 30 metres. The proposed lot reconfiguration is in accordance with these requirements as each of the allotments have an area of 2.4 ha and dimensions of approximately 153 metres by 156 metres. Impact of Proposal The impact of the proposal development is likely to be minimal due to its minor nature as it is for the reconfiguration of an allotment which will result in the creation of one (1) additional allotment. It should also be noted that an appropriate condition has been included within the recommendation to ensure that any future development of a trades and services nature upon the site does not effect the amenity of the adjoining residential area. This condition specifies that a minimum three (3) metre wide buffer strip is to be provided along the southern boundary of the site, although it is expected that this strip may be up to 15 metres wide to accommodate the requirement for a 10 percent dedication. With regard to the impact of the proposed development upon the environment values of the subject site, it has been recognised that the site is improved by significant vegetation and therefore a condition has been included within the recommendation that requires any proposed clearing of vegetation to be consented to by the Chief Executive Officer. HEADWORKS / CONTRIBUTIONS:

Calculation Comment Contribution

Water District 5: W2: $1,341/EDC(1998) 2 x Trades & Services: 0.5+1/200m2 @ 2.423 Ha (but not more than 2.0) = 4.0 EDC Less 1.0 EDC (being the previous contribution registered on Council’s property file)

3.0 EDC @ $1,341/EDC (no RICI adjust)

$4,023.00

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Sewerage District 10: S2: $723/EDC(1998)

2 x Trades & Services: 0.5+1/200m2 @ 2.423 Ha (but not more than 2.0) = 4.0 EDC (no existing sewer connection and no previous contributions registered)

4.0 EDC @ $723/EDC (no RICI adjust)

$2,892.00

Road/Traffic Marlin Coast: McGregor West Nil Nil Drainage Smithfield Drainage Board: Drain S1

$1,733/Ha (Nov. ’97) 4.847 Ha @ $1,791.92/Ha (CPI adjust)

$8,685.44

Park 10% of the site as a parkland buffer between the trades and services and adjacent residential land

0.4847 Ha

Belinda Jackson Planning Officer


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APPENDIX 1

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13 MARCH 2001

6

RECONFIGURING A LOT – DEPPLER ROAD, EDMONTON – BOUNDARY REALIGNMENT Neil Blamey:CLP : 8/13/359-01 : 271367 PROPOSAL: BOUNDARY REALIGNMENT APPLICANT: P & L BOSANQUET C/- CHARLES O’NEILL PTY LTD PO BOX 5246 CAIRNS QLD 4870 LOCATION: DEPPLER ROAD, EDMONTON PROPERTY: LOT 1 ON RP738446 AND LOT 2 ON RP738446,

PARISH OF GRAFTON ZONE: RURAL STRATEGIC PLAN: RURAL STATUTORY ASSESSMENT DEADLINE: 16 MARCH 2001 DIVISION: 1 APPENDIX: 1. PROPOSAL PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council approve the application to reconfigure land (boundary realignment) described as Lot 1 on RP738446 and Lot 2 on RP73846, Parish of Grafton, County of Nares, situated at Deppler Road into two (2) lots subject to the following conditions:-

1. The proposed Plan of Reconfiguration No. 4206BOS-01 dated 4/10/2001 is approved subject to any alterations:-

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

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2 The land owner of Lot 1 shall enter into an agreement with the land owner of Lot 2 for the creation of access easement ‘B’ for water and access purposes for Lot 1 as indicated in plan no. 4206BOS-01 prior to the signing and dating of the Plan of Survey to the requirements and satisfaction of the Chief Executive Officer.

3. The applicant is to provide certification from a registered Surveyor that the on-site sewerage facility associated with the existing dwelling is contained wholly within the new lot containing the dwelling and that the location complies with the setback distances as outlined in the Interim Code for on-site sewerage facilities. The on-site sewerage facilities may have to be relocated and the area filled and compacted to comply with the setback distances.

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.

B. That Council’s Strategic Planning Branch be requested to investigate as part of the Cairns Planning Scheme Review the issue of family lot subdivisions and the number of dwellings allowed on a rural lot.

EXECUTIVE SUMMARY An application has been received for reconfiguration of a lot (boundary re-alignment) of two existing lots situated at Deppler Road, Edmonton. A report on the matter was presented to Council on 21 December 2000, and Council resolved to defer the matter subject to discussions with the applicant. Further investigation and discussions have now been held with the applicant and the previous report to Council has been reviewed. The proposed boundary realignment is considered to be acceptable. The layout design for the proposed reconfiguration generally satisfies the subdivision requirements of the

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Planning Scheme for the Balance of the City of Cairns and the modified reconfiguration is recommended for approval, subject to reasonable and relevant conditions. BACKGROUND The existing family lot 1 was excised from the cane farm as a 5547m² lot through a family lot subdivision application in 1982. More recently, a report was presented to Council on 21 December 2000 and Council decided to defer consideration of the application pending further discussion between Council Officers and the applicant. The proposal has now been reassessed and consequently this report is presented to Council.

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PROPOSAL It is proposed to realign the boundary between the subject allotments 1 and 2 (as illustrated in Appendix 2). It is proposed to re-arrange the existing boundary between Lot 1 and Lot 2 increasing the size of existing Lot 1 from 5547m2 to 2.974ha with a corresponding decrease in the size of existing Lot 2. Proposed lot sizes provide for lot areas of 2.974ha (proposed Lot 1) and 49.552ha (proposed Lot 2). The objective of the proposed boundary realignment is to group the two houses and sheds together on the one enlarged lot for financial and possible future intensive agricultural or other permitted use reasons, whilst retaining the larger proposed Lot 2 for continuing cane farming purposes. SUBJECT LAND AND LOCATION

Current Land Use The subject site (Lot 2) is cane land improved by a shed and a house whilst Lot 1 is improved by a dwelling house. The land uses surrounding the site are sugar cane farm land. TOWN PLANNING CONSIDERATIONS • Strategic Plan The subject site falls within the Rural preferred dominant land use designation in

the Strategic Plan. The development as proposed is not in conflict with Agriculture Objective 4b of the Strategic Plan given the proposed inclusion of two existing lawful dwelling houses on the increased family lot. No additional lots are being created.

• Subdivision Requirements Table E-1 in the Planning Scheme for the Balance of the City of Cairns specifies a

minimum land area of generally 40ha for the subdivision of Rural zoned land.

Criteria Proposal By-law/Policy Provision

Comment

Site Area Lot 1 – 2.974ha Lot 2 – 49.552ha

40ha 40ha

Does not comply Complies

The proposed changes result in proposed lot 1 being less than the required 40ha in size. As a previous family lot subdivision the existing 5547m2 in area was acceptable to Council at the time of approval in 1982, on condition that the owner reside in the residence thereon. Council may recall that for a period until December 1999, family lot subdivisions generally to the size of 6000m² were allowed where family lot circumstances prevailed in rural areas. Section 2.1.1 of the relevant Planning Scheme allows Council to modify the minimum prescribed lot

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sizes providing regard is given to several factors including topography, zoning, lot area and dimensions and any other relevant factors.

In this instance, the resulting change in lot sizes will include the existing horse paddock within the proposed lot and no loss of existing productive agricultural land will result. However, the proposed boundary realignment will result in two dwelling houses and the two farm infrastructure sheds being included on proposed Lot 1. The proposal will place the two dwellings on the one title, which then allows another dwelling to be built on Lot 2. An additional potential dwelling on the larger lot 2 would increase the density of dwellings in this Rural area from two to three. If the cane farm is to be sold in the future an additional house and farm sheds potentially constructed on Lot 2 will have some further minor impact on the reduction of productive farm land.

A second new dwelling on a lot in a rural zone is only allowed as a caretakers residence (code assessable) or farm worker accommodation where a demonstrated need exists and is supported by the day to day operations of the farm. A dual occupancy (impact assessable) is a potentially incompatible (Column 4) use in the Rural zone and unlikely to be supported by Council. In the circumstances as the existing lawful uses of dwelling house are already established, the proposed boundary realignment only alters the existing boundaries of two lots and has no effect on existing lawful uses conducted on the subject site.

• State Planning Policy – Agricultural Land The proposal as a boundary re-alignment is not in direct conflict with State Planning Policy – Agricultural Land. Lot sizes as proposed for Lot 1 contribute to the undesirable fragmentation of agricultural land, however in this instance as proposed Lot 1 is a boundary re-alignment and the proposed increase in lot area includes an area used as a horse paddock and not used for cane production the proposal is not considered to conflict with State Planning Policy - Agriculture.

SUMMARY The proposed reconfiguration design (boundary realignment) with modifications as required is considered to satisfy the general intent and requirement of Council’s Town Planning Scheme. The proposed development is therefore recommended for approval subject to conditions.

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Neil Blamey Planning Officer


48

APPENDIX 1

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13 MARCH 2001

7

PLANNING SCHEME REQUIREMENTS FOR THE LITTLE ITALY RESTAURANT, MACHANS BEACH Ian Behrendorff:KRP : 8/20/1-55 : 272059 PROPOSAL: EXTENSIONS TO EXISTING RESTAURANT AT

10 MACHAN STREET, MACHANS BEACH (PARTLY ERECTED)

APPLICANT: ROBERT ZMESKAL 319 LAKE STREET CAIRNS NORTH QLD 4870 LOCATION: 10 MACHAN STREET, MACHANS BEACH PROPERTY: LOT 12 ON RP710830, PARISH OF SMITHFIELD ZONE: COMMERCIAL STRATEGIC PLAN: URBAN DCP: PROTECTION OF AIRPORT INSTALLATIONS

CATEGORY B AREA DIVISION: 10 APPENDICES: 1. SITE LAYOUT PLAN

2. PARKING ARRANGEMENTS IN MARSHALL STREET

3. MARSHALL STREET PARKING IN FRONT OF RESTAURANT

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LOCALITY PLAN

RECOMMENDATION:

That Council resolve to waive the requirement for provision of off-street parking for the extensions to the Little Italy Restaurant at 10 Machan Street, Machans Beach subject to the owner carrying out the following works within 90 days of notification of this approval:-

1. Pay for the cost of providing linemarking and appropriate signage on the bitumen sealed parking area in front of the site in Marshall Street.

2. Construct a firewall beside the latest extensions along the common boundary with 8 Mashall Street.

3. Provide a 1.2m high timber fence to the Marshall Street frontage of the property.

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4. Construct a screened refuse storage area and ensure that all wheely bins and bulk refuse bins are stored out of sight from Marshall Street.

ADVICE

1. The applicant be advised that when Machans Beach is sewered, the issue of parking on street, rather than on site shall need to be reviewed.

2. That a property note be included on Council’s register accordingly.

EXECUTIVE SUMMARY: The previous recommendation to Council at its meeting on 5 December 2000 assumed that trenches were of a construction which would support vehicular traffic. This has proved to be doubtful. The local community of its own volution contacted their area Councillor and requested that the car park not be provided. The offer by the owner to carry out other works, not able to be required by Council, in lieu of constructing the parking over his trenches has merit and community benefit and is supported. REPORT: At its meeting of 5 December 2000, Council considered a report regarding the provision of off-street parking for the “Little Italy” restaurant at Machans Beach. The owner was required to provide 7 car spaces for this and a previous extension to the restaurant. There was no vacant portion of the site where this parking could be provided but the owner proposed providing five of these bays over the soakage trenches for the restaurant and the house on the land. It was believed that the trenches were of the older type (rock fill) rather than the modern (slotted plastic trench liner) type. Further investigation has revealed that these trenches were renewed and are of the modern more fragile construction. The area is not suitable for use as a car park. When the owner started to clear the existing landscaping from the designated car park several local residents contacted their Divisional Councillor, Cr Cochrane, and strongly requested that the area be left as landscaping instead of constructing off-street parking. Cr Cochrane held a public meeting in the area to gauge public feeling on the matter. The overwhelming opinion was that the residents of the immediate area did not want the car park constructed for the following reasons:- 1. On street parking was not a problem in the area even when the restaurant was

busy – possibly because some customers walked to the site.

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2. There is a problem with groups of unruly youth in the area and a small public area such as this car park would be a source of attraction for them.

3. The existing landscaping is considered more attractive than the proposed car park. 4. The cars would be parked close to an adjoining residence and the caretaker’s

residence on the same site. 5. Car parking provided for another restaurant nearby is not used by patrons of that

establishment. Marshall Street is sealed kerb to kerb, and in the absence of linemarking, is used for parallel parking on both sides of the street. The sealing was done in 1994 but the construction of some of the traffic islands and linemarking to make the design function was never carried out.

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In accordance with the original design, 7 bays of bitumen sealed parking are already provided on the Marshall Street frontage of the site however, they are currently unmarked. To construct the five unsealed off-street parking bays approved by the Council in December, with the required 6m wide crossover, would eliminate three of these on-street bays. There were several unsatisfactory matters identified during investigation of this problem. 1. The restaurant has no sound proofing between the dining area and the adjoining

allotment occupied by a house built close to the common boundary. 2. The bulk bin and the wheely bins for the restaurant are at present located on the

footpath and in the gutter, thereby obstructing the flow of stormwater. The owner of the property has offered to construct a fire wall on the boundary for the length of the extension, to contain sound and provide fire protection between the properties. He is also prepared to construct a screened enclosure for the refuse storage and construct a 1.2m high timber fence on the Marshall Street frontage of the property to match the existing screen fencing of the restaurant. As the applicant/owner is unable to provide the off-street parking required, it is appropriate that he pay for the linemarking necessary to ensure the 7 bays of parking on the street are available. These works would be done in lieu of constructing the crusher dust paved parking over his soakage trenches. Council is proposing to sewer Machans Beach in 3-5 years. At this time the issue of street parking will need to be reviewed. A property note will be placed on Council’s data base for future reference. Ian Behrendorff Technical Officer

ACTION OFFICE

R


55

APPENDIX 1

56

APPENDIX 2

57

APPENDIX 3

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13 MARCH 2001

8

ADVERTISING SIGNAGE – CAPTAIN COOK HIGHWAY AND POOLWOOD ROAD, KEWARRA BEACH Ian Behrendorff:KRP : 8/1/1-19 : 271923 PROPOSAL: APPLICATION FOR PERMISSION TO RETAIN AN

EXISTING FREESTANDING SIGN WITH A REDUCED AREA AND HEIGHT

APPLICANT: PARADISE PALMS GOLF COURSE PO BOX 525 SMITHFIELD QLD 4878 LOCATION: CAPTAIN COOK HIGHWAY AND POOLWOOD

ROAD, KEWARRA BEACH PROPERTY: LOT ON RP800876, PAIRSH OF SMITHFIELD ZONE: RESIDENTIAL 1 STRATEGIC PLAN: URBAN DCP: NONE APPLICABLE DIVISION: 11 APPENDIX: 1. DETAILS OF PROPOSED SIGN

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LOCALITY PLAN

RECOMMENDATION:

That Council approve the replacement of the existing freestanding sign on Paradise Palms land at the corner of Captain Cook Highway and Poolwood Road, with a smaller sign subject to the following conditions:-

1. The maximum size of the sign is to be 6m x 3m.

2. The overall height of the sign is not to exceed 4m.

3. The sign is to be predominantly pictorial in nature, only carry basic directions and the name “Paradise Palms Golf Course”.

BACKGROUND:

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The existing sign at this location is approximately 9m wide 3.5m high and erected approximately 2.0m above the ground. The sign advertises Paradise Palms Real Estate. It was originally erected some 10 years ago for a Ladies Golf Skins Championship and has since been used to publicise the Paradise Palms Resort and real estate.

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The Council at its meeting on 16 January 2001 considered a request from the Paradise Palms Resort to be allowed to retain the sign with a pictorial representation of the Golf Course with directions to the turnoff from the Highway. The Department of Main Roads objected to the proposal because of the impact of a sign of this size on the visual amenity of the area. Council also considered the sign to be oversized and refused to approve its retention. PROPOSAL: The management of Paradise Palms are anxious to retain some signage at this location to publicise the Resort and Golf Course. The manager asked representatives of the Department of Main Roads and Council officers for a joint inspection to clarify the concerns with the present sign. As a result of those discussions, the present proposal was formulated. The area of the sign be reduced from 31.5m2 to 18m2 and the overall height reduced from 5.5m to 4m. The display on the sign will be predominantly a picture of the Golf Course and only carry the name of the resort with brief directions on how to reach it. The revised proposal reduces the sign area by 42.8% and the overall height by 27.2%. A pictorial sign will be less distracting to motorists than one carrying a lot of information like the present sign. The reduction in size will lower the top of the sign below the tree line behind the sign and greatly reduce its overall impact. The Department of Main Roads have advised that they would raise no objection to the replacement of the existing sign with the one proposed. In view of the fact that a very large sign has existed in the same location for many years it is considered that the erection of the proposed sign can be supported. EXECUTIVE SUMMARY: The proposal to replace an existing large freestanding sign with one 42.8% smaller in area and 27.2% less in height can be supported because:- 1. The same location has been occupied by a larger sign for some 10 years or so. 2. The visual impact of the new sign is much less than the existing sign. 3. The top of the sign will not be silhouetted against the sky, as is the case at

present. 4. The use of pictorial images instead of words will make the new sign less

distracting.

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5. The Department of Main Roads raise no objections to the erection of the proposed sign.

Ian Behrendorff Technical Officer

ACTION OFFICE

R


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APPENDIX 1

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13 MARCH 2001

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CLARIFICATION OF HEADWORK CONTRIBUTIONS APPLICABLE TO THE ESTABLISHMENT OF A HOSTEL (HIGH DENSITY) Neil Beck : 8/20/1-55 : 269501 PROPOSAL: HOSTEL (HIGH DENSITY) APPLICANT: BOHEMIA INVESTMENTS PTY LTD 76 HILLVIEW CRESCENT WHITFIELD CAIRNS QLD 4870 LOCATION: 112 – 118 SHERIDAN STREET, CAIRNS PROPERTY: LOT1 & 2 ON RP720447 & LOT 1 & 2 ON RP713841

PARISH OF CAIRNS ZONE: CENTRAL BUSINESS STRATEGIC PLAN: CENTRAL BUSINESS DISTRICT DCP: DCP 1 – RESIDENTIAL DENSITIES DCP 2 – HEIGHT & IMPACT OF BUILDINGS NUMBER OF SUBMITTERS: N/A STATUTORY ASSESSMENT DEADLINE: N/A DIVISION: 6

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LOCALITY PLAN

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RECOMMENDATION:

That Council resolve to advise the applicant the following in relation to the establishment of a Hostel (High Density) proposed at 112 – 118 Sheridan Street, Cairns:-

A. That Council will calculate the applicable sewer and water headwork contributions for the proposed Hostel (High Density) in accordance with Council’s adopted Local Planning Policy “Water Supply and Sewerage Headworks Policy”.

B. That Council will calculate the Rates applicable to the proposed development in accordance with Council’s adopted Revenue Policy and Schedule of Rates and Charges.

C. To establish a Hostel (Medium Density) in the North Cairns area within the Medium Density Residential zone, on an allotment having an area greater than 1000m2 is self-assessable development attracting no headwork contributions for sewer and water.

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EXECUTIVE SUMMARY Council is in receipt of correspondence dated 6 February, 2001 seeking financial relief from two (2) applicable charges relating to the establishment of a Hostel (High Density) at 112 – 118 Sheridan Street, Cairns. The first request relates to Council reducing sewer and water headwork contributions, whilst the second request relates to Council’s Rates and Charges for the number of water closets (Wc’s/toilets & urinals) installed to service the proposed development, as a portion of the rates is levied on the number of Wc’s contained within a particular development. A copy of the letter is attached to this report as Appendix 1. Within the letter, the applicant is of the opinion that headwork contributions for the proposed development are too high when compared to other forms of accommodation types, and is not considered to be a true indication of the added demand that such a development will have on Council’s infrastructure. The applicant is also of the opinion that they will be penalised through having to pay higher rates for building a first class facility, which contains a relatively large number of Wc’s. Representations contained in the attached correspondence regarding the above are not concurred with at Officer level, and accordingly it is recommended that Council advise the applicant that headwork contributions will be calculated under Council’s adopted Local Planning Policy “Water Supply and Sewerage Headworks Policy”, and in addition advise the applicant that Council’s adopted Rates and Charges as they relate to the proposed development are not negotiable. Comment:

Headwork Contributions It is inappropriate to compare the accommodation type offered by Hostels to that of Accommodation Units being mostly occupied by permanent residents and that of Holiday Apartments, which caters for travellers and tourists predominantly on a short term basis. Each accommodation type targets a particular niche in the industry, catering for particular requirements and expectations for that particular accommodation type. Furthermore, to divide the headwork contributions applicable to the construction of a two bedroom apartment by the number of persons that could physically fit in the apartment for the purposes of a Hostel is inappropriate as the Planning Scheme for Part of the City of Cairns attributes site population densities to each of the accommodation types. In this instance, the applicant is simply manipulating the population densities in an attempt to support the argument for reduced headwork contributions. Representations made within the letter states that tourists staying at Hostels spend most of their time away from the premises bothering little with cooking, dishwashing etc is not concurred with at Officer level. To the contrary, due to financial constraints of such travelling tourists, a relatively large majority of the cooking is done at Hostels as backpackers can simply not afford to eat out most of the time as the letter implies.

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However, this would be a characteristic of Holiday Apartments whereby persons staying at these establishments would have a budget, which allowed them to spend a majority of their time away from the premises enjoying the surroundings and most likely eating out, hence the reduced contribution required for Holiday Apartments. The same logic is applied to Accommodation Units, which provides accommodation for predominantly permanent residents. As a permanent resident, in most cases the majority of the day is spent away from the place of residence. In comparison, the occupiers of a Hostel are typically on a limited budget and rely quite heavily on the services and amenities offered by a Hostel. Having regard to the various accommodation types, Council’s headwork charges have also been formulated to best suit the anticipated demand that each respective accommodation type will have on Council’s infrastructure. With regard to the comment implying that there is nothing to prevent the operation of 20 residential flats to that of holiday flats is incorrect. The owner of the property would have to apply for a material change of use of the premises for Holiday Apartments prior to the commencement of the use, otherwise the owner would be in breach of the Planning Scheme and Council would be obliged to take the necessary action. Within the letter, the applicant raised the issue of Council allowing higher population densities within existing approved Hostels than the original Development Permit allowed. It is important to note that in these circumstances, the approval obtained by Council is temporary in nature and are due to expire on 31 December, 2001 or at the time of the introduction of the new Planning Scheme, which ever occurs first. As a provision of the Planning Scheme enables such a request to be made, it was therefore not a prescribed application under the Integrated Planning Act and Council could not apply headwork contributions. Rates & Charges In accordance with the Council's Revenue Policy and adopted Schedule of Rates and Charges all Commercial Improvements are rated for sewerage purposes by the number of Wc's. Council at the Budget Meeting held each year adopts the Revenue Policy and the Schedule of Rates and Charges. A Wc is defined in the Revenue Policy as: a. each 1.8m of urinal or part thereof shall be deemed to be a W.C; b. each three individual wall hung urinals or part thereof shall be deemed to be a

W.C; and, c. each pedestal shall be deemed to be a W.C.

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Please note Council cannot alter the way it applies sewerage charges without significantly impacting on the future budget. Accordingly the applicant should be advised that Council will charge for the number of Wc’s installed and that no reduction will be considered. In conclusion, it is recommended that the applicant be further advised that the establishment of a Hostel (Medium Density) in the North Cairns area within the Medium Density Residential zone is self-assessable development attracting no headwork contributions. However, should the applicant wish to locate within the Central Business zone, headwork contributions will be calculated in accordance with the current rates contained in Council’s Local Planning Policy “Water Supply and Sewerage Headworks Policy”. Neil Beck Planning Officer

Action Officer Brendan Nelson

Manager – City Assessment

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APPENDIX 1

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13 MARCH 2001

10

DISPENSATION OF PLANNING SCHEME PROVISIONS Neil Beck:KRP : 8/13/300 : 269360 PROPOSAL: DISPENSATION FOR BUILDING ALIGNMENT

SETBACK & OPEN SPACE PROVISION APPLICANT: FORRESTER COMMERCIAL DEVELOPMENTS P/L C/- PLANNING FAR NORTH PO BOX 7801 CAIRNS QLD 4870 LOCATION: CORNER BRUCE HIGHWAY, FOSTER ROAD AND

BARNARD DRIVE, WHITE ROCK PROPERTY: LOT 2 SP136773, PARISH OF GRAFTON ZONE: COMMERCIAL STRATEGIC PLAN: URBAN DCP: N/A NUMBER OF SUBMITTERS: N/A STATUTORY ASSESSMENT DEADLINE: 21 MARCH 2001 DIVISION: 3 APPENDIX: 1. PROPOSED LAYOUT PLAN 2. PROPOSAL PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council, in accordance with Section 1.8.1 of Part D of the Planning Scheme for the Balance of the City of Cairns resolve to permit the erection of the proposed Shops on the western boundary of proposed Lot 5 in accordance with Plan WDV1, Issue B, dated 19 February 2001 by Forrester Kurts Properties.

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B. That Council, in accordance with Section 3.3.3(d) of Part E of the Planning Scheme for the Balance of the City of Cairns resolve to relax the requirement for the provision of a three (3) metre landscape strip adjacent to all property boundaries for proposed Lot 5.

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EXECUTIVE SUMMARY Council is in receipt of a request to relax planning provisions pertaining to the building alignment setback from a property boundary, and the requirement to provide a three (3) metre landscape strip adjacent to all property boundaries in order to facilitate the development of a video outlet and two (2) retail tenancies on proposed Lot 5 being located within the Mt Sheridan Shopping Centre development located at the corner of Bruce Highway, Foster Road and Barnard Drive, White Rock. A proposed reconfiguration plan is attached as Appendix 1. The subject land is zoned Commercial within the Planning Scheme for the Balance of the City of Cairns and has a total site area of approximately 8.65 hectares. Proposed Lot 5, having an area of approximately 1111m2 was the subject of a Material Change of Use application for the establishment of a Vehicle Repair Station on the subject land, which was approved by Council on 1 March, 2001, however it is evident that such development may not be proceeding. It is noted that Council granted dispensation for these specific planning provisions in order for the Vehicle Repair Station to proceed. Accordingly, approval of the request is recommended.

TOWN PLANNING CONSIDERATIONS

Proposal The applicant seeks to establish a video outlet and two (2) retail tenancies on proposed Lot 5. Such land uses fall within the definition of Shop within the Planning Scheme for the Balance of the City of Cairns being self-assessable development within the Commercial zone. A proposal plan of the development is contained at Appendix 2.

BUILDING ALIGNMENT SETBACK As the western boundary of the subject land abuts land designated as New Road, the Planning Scheme requires a building setback of three metres from the side street frontage unless otherwise approved by Council. The proposal provides a zero building alignment setback from the western boundary of the subject allotment. It is considered appropriate that Council approve the request for the reduced building setback based on the following:- a. The subject allotment is adjacent to the vehicle ramp that descends down to

service the shopping centre development. The reduced building alignment will not visually detract from the shopping centre development; and,

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b. The site does not have an existing streetscape appearance and therefore to locate a building on the western boundary of proposed Lot 5 will be of little consequence. Furthermore, the provision of a three (3) metre wide landscape strip located on the area designated as New Road adjacent to the western boundary will provide further screening of the structure.

In light of the above, it is considered appropriate for Council to accept the reduced building setback and allow the proposed structure to be built to the western boundary of proposed Lot 5.

Provision of Open Space The Planning Scheme requires the provision of 10% of the total site to be landscaped open space with a landscaped buffer of three (3) metres in width adjacent to all property boundaries of the allotment. The proposed development provides approximately 13.68% of the total site area as landscaped open space, however the provision of a three (3) metre landscaped strip adjacent to all property boundaries is not achieved. Notwithstanding that the three (3) metre landscaped buffer strip to all property boundaries is not achieved, the quantity of landscaped open space provided on site, in addition to the provision of a three (3) metre wide landscape strip adjacent to the western boundary on the area designated as New Road is considered to satisfy the intent of this planning provision which is to ensure the amenity of the site and the surrounding area is protected and enhanced. Accordingly, in accordance with 3.3.3(d) of Part E of the Planning Scheme for the Balance of the City of Cairns it is recommended that Council relax this specific landscape provision. Neil Beck Planning Officer

Action Officer Brendan Nelson

Manager – City Assessment

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APPENDIX 1

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APPENDIX 2

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PLANNING & DEVELOMENT COMMITTEE

13 MARCH 2001

11

EXTRACTIVE INDUSTRY PERMIT NUMBER 13-3 – BORAL RESOURCES (QLD) PTY LTD – CAPTAIN COOK HIGHWAY, WEST OF HOLLOWAYS BEACH ROUNDABOUT Mark Dillon:KRP : 13/16/1-09 : 265418 PROPOSAL: EXTRACTIVE INDUSTRY PERMIT NUMBER 13-3 APPLICANT: BORAL RESOURCES (QLD) PTY LTD PO BOX 1564 CAIRNS QLD 4870 LOCATION: CAPTAIN COOK HIGHWAY, WEST OF

HOLLOWAYS BEACH ROUNDABOUT PROPERTY: LOT 5 RP906407, PARISH OF SMITHFIELD ZONE: RURAL STRATEGIC PLAN: RURAL DCP: N/A DIVISION: 10 APPENDIX: 1. TOWN PLANNING CONSENT CONDITIONS

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LOCALITY PLAN

RECOMMENDATION:

That Council approve the conditions of Extractive Industry Permit Number 13-3. BACKGROUND Boral Resources Qld Pty Ltd applied for Council’s planning approval of an Extractive Industry operation adjoining and to the south of the company’s existing operation at Holloways Beach (Smithfield Sand). The application was lodged under the Local Government (Planning and Environment) Act. On 14 December 1998 Council granted town planning consent approval over the site. Since then Boral representatives and Council officers have been investigating the most efficient means of expanding the current operation into the new area whilst still meeting Council’s requirements.

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For commercial reasons, the company has declined the offer of having an Extractive Industry Permit over both parcels of land covered by the separate consent conditions. Therefore, the company has recently lodged a separate application for a Chapter 13 Extractive Industry Permit over the proposed new area of operations. CURRENT CONSIDERATIONS At the time of granting consent it appeared that the operator would access and exit the new site from a point adjacent to the Holloways Beach roundabout. It now appears that the company wishes continue to use the entry and exit point at the existing site, which is several hundred metres from the roundabout. The Department of Main Roads is currently being consulted on this matter and there may be an application submitted in the near future to amend the consent conditions so as to allow the operator to use the existing access point. The operator is required to provide a treed buffer strip around both permit areas. The cost in doing so is extremely high ,and the planting of such a treed screen would also interfere with the cultivation of sugar cane on the site. The cane tends to act as a visual screen for much of the year in any case. The Boral Manager and the Development Control Section have agreed that a treed screen should be established along the highway frontage of both sites. A further treed buffer should then be established around the external limits of excavation. Apart from being more aesthetically appealing the screen around the pit may also aid in the eventual remediation of the site. Such a buffer strip is being established around the old pit in the near future. Boral will have to apply for an amendment of the Planning Consent Conditions in order to undertake the planting of the screen around the pit. Councillors should note that from now on consent or development approval conditions shall be attached to Extractive Industry Permits and not integrated into the permit. PERMIT CONDITIONS Listed below for Council’s approval are the proposed conditions of Extractive Industry Permit Number 13-3. 1. Stockpiling and treatment operations shall be restricted to the permit area a metes and bounds description of which is annexed hereto as aforesaid. 2. Without prejudice to the generality of anything hereinbefore mentioned the

Applicant shall comply in particular with Clauses b(ii) and I(iii) of Local Law 10 of Chapter 13 and Council’s Local Laws.

3. This permit shall remain in force and effect for a period of Fifteen Years up to and

including the 2nd day of April 2016. 4. This permit does not include any rights of extension or renewal.

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5. This permit is not transferable without the Council’s consent in writing first hand and obtained which consent (if given) may be subject to such amended altered or additional conditions as the Council may see fit to impose at the time of giving any such consent.

6. The Applicant shall at all times comply with the conditions of the Planning

approval, a copy of which is attached to this permit. 7. No Extractive Industry operations are to take place within a distance of ten (10)

metres from any property boundary or twenty (20) metres of any road reserve. 8. Loads upon vehicles removing material from the said lands shall be kept covered

during transit in accordance with the directions of the Chief Executive Officer as to prevent the escape of or spillage of material.

9. The Applicant shall take every precaution to avoid spillage, and any spillage on

any public road shall be removed at the end of each working day or within four (4) hours of any verbal requirement by the Chief Executive Officer, whichever is sooner.

10. At no time is any part of the permit area to be left in a condition that allows the

ponding of storm water or the scouring of the land in such a way that material is washed into natural water courses or beyond the boundaries of the land.

11. A written undertaking from the Applicant in a form satisfactory to the Chief

Executive Officer indemnifying the Council against all claims for loss or damage caused or contributed to by the Applicant’s extractive industry works when the Barron River overflows shall be supplied to the Council before operations pursuant to this permit are commenced.

12. A written guarantee satisfactory to the Chief Executive Officer that the Applicant

has sufficient funds or insurance cover to enable it to rectify any damage to adjoining properties caused by flood waters breaking down the walls of excavation in the permit area shall be supplied to the Council before operations pursuant to this permit are commenced.

13. On or before the fifteenth day of each calendar month the Applicant shall make

payment to the Council for every tonne of material removed up to the last day of the preceding calendar month and the Applicant shall deliver to the Council on the fifteenth day of each calendar month particulars of the volume of material removed on the form required by the Council. The contribution rate shall be in accordance with Councils road maintenance contribution policy.

14. The Applicant shall cause to have completed daily a record of material being

removed from the site in a form required by the Chief Executive Officer which records shall be made available for inspection by the Chief Executive Officer on request during business hours and shall be forwarded monthly to the Council.

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15. The Applicant shall within two (2) weeks after the cancellation or termination (for whatever reason) of this permit carry out such works as in the opinion of the Chief Executive Officer are reasonably required to leave the permit area in a satisfactory state and condition.

16. The Applicant shall pay to the Council on demand the Council’s reasonable legal

costs of and incidental to the preparation, issue and stamping of this permit. 17. If in the opinion of the Chief Executive Officer operations at the permit area do not

or will not comply with the requirements of this permit the Council may upon written notice to the Applicant suspend the operation of this permit and upon service of the said notice this permit shall be suspended and the conduct of the extractive industry shall cease until guarantees acceptable to the Council are given or the Council is otherwise satisfied that the extractions and/or operations do or will comply with the requirements of the Council.

18. Upon any breach of the terms and conditions hereof or of any Local Law of the

Council or upon failure to comply with the requirements of the Council or the Chief Executive Officer, the Council, after first having served on the Applicant written notice requiring the Applicant to remedy such breach or failure on or before the date specified therein (which date is not to be earlier than 30 days after the date of the service of such notice) and the Applicant shall have failed within such specified period to remedy such breach or failure, may upon further written notice to the Applicant cancel this permit and upon service of the said further notice this permit shall be cancelled and the conduct of the extractive industry shall cease.

19. In case the Applicant shall fail to comply with any of the terms and conditions

hereof then the Council without prejudice to any other right or remedy under this permit or its Local Laws shall be at liberty to enter upon the permit area or any part thereof and remedy such default and the costs and expenses involved in so doing shall be payable by the Applicant to the Council.

In the event that the Applicant shall become liable to the Council for any costs or

expenses or other moneys payable hereunder or under the Local Laws of the Council then the Council without prejudice to any other right or remedy hereunder or under the Local Laws may demand and recover the same from the Bank under or in pursuance of the aforesaid Bank Guarantee for the sum of TWENTY THOUSAND DOLLARS $20,000.00 and if such costs or expenses or other moneys or any part thereof shall not be recovered from the said Bank the Applicant shall forthwith upon demand pay to the Council the amount of such costs or expenses or other moneys payable by the applicant to the Council.

If the Council shall recover from the Bank under or in pursuance of the aforesaid

Bank Guarantee any costs or expenses or other moneys for which the Applicant shall become liable hereunder or under the Local Laws of the Council then the Applicant shall within fourteen (14) days of demand by the Council deposit with the Council a further Bank Guarantee (in substitution for the aforesaid Bank Guarantee) for such amount as the Council shall in its discretion determine.

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20. In this permit unless the context otherwise indicates or requires the term “Chief Executive Officer” shall mean and include the General Manager, City Development or his delegate.

Mark Dillon Development Control Officer Action Officer Terry Davidson Manager – Environmental Assessment

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APPENDIX 1 TOWN PLANNING CONSENT CONDITIONS – EXTRACTIVE INDUSTRY OPERATION – BORAL RESOURCES PTY LTD – LOT 5 ON RP906407 1. Any erection and use and occupation of the premises shall at all times

comply with the conditions laid down and provided for in the Planning Scheme from time to time.

2. The provisions of the Local Government [Planning and Environment] Act, the

Building Act, the Fire Safety Act, the Health Act, the Food Act 1981 and all other relevant Acts and Regulations and the Local Laws of the Council from time to time shall at all times be observed and performed in relation to the land, the building and the use and occupation thereof.

3. Submission to and approval by Council of satisfactory building plans and

specifications in accordance with the Building Act, Council's Local Laws and the City of Cairns Planning Scheme where applicable and generally in accordance with the submitted plans shall be required prior to the commencement of the use.

4. The issue of this Consent in no way implies building approval, either in principle

or in detail, of any plans of the proposed development which may have been submitted with the application. Approval of any building works associated with the use shall be the subject of a separate building application in accordance with the Council's Local Laws.

5. The provisions of the Town Planning Consent are to be effected prior to the

commencement of the specific use as granted by Council. 6. The applicant shall 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) in accordance with the plans, specifications, facts, and circumstances as set out in the application submitted to Council, except as modified by these conditions.

7. The applicant shall obtain a licence pursuant to the Environmental Protection Act

from the Department of Environment and Heritage in accordance with Schedule 1 of the Environmental Protection Regulations.

8. The applicant shall implement suitable measures for the suppression of dust

generated on site during overburden stripping and extractive operations. 9. The applicant shall undertake water quality monitoring that includes analysis of

nutrient levels including Phosphorous and Nitrogen concentrations in relation to toxic algal blooms within pond waters.

10. The applicant shall request the Yirrganydji Aboriginal Corporation to carry out a

cultural survey of the site prior to commencement of extraction. Any material found on site of cultural heritage shall be identified, recorded and removed prior to the commencement of extractive industry operations and notified to the Department of Environment and Heritage.

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11. A vegetated buffer shall be installed on the western boundary of Lot 5 and maintained at all times to the requirements and satisfaction of the General Manager, City Development Division.

12. The applicant shall vegetate the site in accordance with the Rehabilitation Plan

using selected species that do not provide a food source or attract large numbers of birds that may increase the potential for bird strike hazard.

13. Steep battered banks shall be provided to ponded excavated areas to reduce

utilisation of the area by wading birds. 14. All fuel, oil and other flammable and combustible liquids shall be stored off site. 15. The applicant shall prepare a suitable vector (mosquito) control program to be

approved by the Department of Primary Industries. The vector control strategy should describe target species and their life cycles along with details of proposed chemicals and known effects on aquatic fauna.

16. The applicant shall apply for an approval under Council’s Local Law 13 –

Extractive Industries and shall comply with the relevant conditions before work can commence on site on the proposed new extraction area.

17. The applicant shall comply with the recommendations in Connell

Wagner Pty Ltd’s report dated 16 September 1997 on the “Proposed Extension to Extractive Pit - Barron River Delta”.

A report detailing the stability of embankment separating the extraction pits and

the Barron River shall be submitted and approved by the General Manager - City Development Division. All works as required by the report to stabilise the embankment shall be completed to the requirements and satisfaction of the General Manager - City Development Division and prior to the commencement of operations in the proposed extended area.

The applicant shall operate the workings at all times as directed by the General

Manager - City Development Division in such a way as to minimise the risk of flood damage to private or public lands. If required by the Council, the applicant shall have prepared a report by a qualified and experienced engineer, nominated by the Council, on the risk of flood damage and the implication of the workings on the existing flood regime within the Barron Delta. The recommendations of such report shall be implemented by the applicant to the requirements and satisfaction of the General Manager - City Development Division, at the applicant’s cost.

18. The hours during which cartage from the site will be permitted are from 7.00 am

to 6.00 pm Monday to Friday and 7.00 am to 1.00 pm Saturdays. In certain circumstances the General Manager - City Development Division may approve work outside these hours. All applications for changes to working hours must be approved by Council in writing and a copy of the approval shall be held on site at all times.

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19. The applicant is to landscape the site and street frontage in accordance with Development Manual, Part 4 - Landscaping. The applicant shall implement landscaping in accordance with an approved landscaped plan to the requirements and satisfaction of the General Manager of City Development Division. The landscape plan shall be submitted prior to the commencement of the use and shall be approved by the General Manager of City Development Division. In particular, the plan shall show :

a) the retention of as many existing trees and shrubs as possible and further

planting of trees and shrubs; and b) landscaping of required setback areas. The type of shrubs to be used shall be to the requirements and satisfaction of the

General Manager - City Development Division and shall be of a variety that will retard flow and not attract birds which could cause a bird hazard to aircraft. Specifically, the use of casuarina trees and fruit trees shall be discouraged. The shrubs shall also create a buffer between the Barron river and the extractive pits and generally blend into the area.

Existing native and significant vegetation shall be retained and only be removed

with the General Manager of City Development Division’s written approval. 20. The applicant shall ensure a twenty (20) metre wide vegetated buffer is provided

to the Barron River Esplanade boundary comprising riparian species consistent with those found an adjoining sections of the river bank. No intrusion by site operations or clearing into the buffer area shall be permitted.

21. A ten (10) metre wide heavily vegetated buffer is to be provided to the Bruce

Highway frontage of the site to effectively screen the site from view from the Bruce Highway. A five (5) metre wide vegetated buffer is to be provided to the eastern and western boundaries of Lot 5 on RP 906407, Parish of Smithfield.

22. Areas to be landscaped shall be established and maintained at all times to the

satisfaction of the General Manager of City Development Division. 23. Any overburden proposed to be stockpiled and retained for restoration work or

held prior to sale should be temporarily planted with fast growing annual grasses if it is to be held on site for more than one month.

24. All existing creek systems and drainage areas outside the extraction area are to

be left in their current state including no channel alterations and no removal of vegetation unless approved in writing by the General Manager of City Development Division.

25. All buildings shall be located above the Q 100 flood immunity level in accordance

with Development Manual Guidelines to the requirements and satisfaction of the General Manager of City Development Division.

26. The applicant shall ensure that the operations and the resulting change to

groundwater patterns will not adversely affect the use or productivity of surrounding land.

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27. All access, hardstand, parking and turning areas are to be bitumen sealed. The access point to the Holloways Beach roundabout is to be to Council’s and the Department of Main Roads’ satisfaction. The applicant should be aware that the deletion of the Holloways Beach roundabout is proposed by the Department of Main Roads in the future, with access to both Holloways Beach and Machans Beach being obtained from the Machans Beach roundabout.

28. The applicant shall provide a level crossing of the existing cane railway over the

proposed new access road to the Holloways Beach roundabout, to the requirements and satisfaction of the General Manager - City Development Division and Mulgrave Central Mill Company Limited. The proposed works shall be completed prior to the commencement of operations associated with the proposed extended extraction area.

29. The applicant shall register an access easement, 12 metres wide, over the cane

railway line fronting the Captain Cook Highway, in favour of Council and at no cost to Council.

30. At all times, the applicant is to ensure dust suppression measures are

undertaken for the site to ensure that all materials are appropriately stored and any unsealed areas do not create a dust nuisance to surrounding areas to the satisfaction of the General Manager of City Development Division.

31. The applicant shall implement and comply with the Environmental Management

Plan contained in Chapter 6 of the Environmental Impact Study prepared by Kinhill Cameron McNamara dated November 1996 and as required to be altered by Council’s General Manager - City Development Division, at the applicant’s expense.

32. The applicant shall comply with the proposed works and methods of operation in

the Acid Sulphate Soils Management Plan for the proposed expansion dated April 1998 by Kinhill Cameron McNamara and as varied and approved by Council from time to time.

33. The applicant shall provide a Rehabilitation Plan for the whole site prior to any

material being extracted from the proposed extraction area. This plan shall consider the type of rehabilitation works, proposed final use of the site and completion time for the rehabilitation of the proposed pit and rehabilitation of the existing pit. Each section of embankment shall be rehabilitated immediately the adjacent area has been excavated to its finish level. All rehabilitation work recommended by the plan shall be undertaken by the applicant at the applicant’s cost.

34. i) The applicant shall contribute towards the increase in maintenance costs

of the Cairns City Council road network as a result of the proposed development;

ii) Such contribution shall be calculated in accordance with Council’s Policy on “Road Haulage Contributions” and shall be the rate current at the time of payment; and

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iii) The contribution shall be payable monthly and prior to the twenty-first day the following month. On the present method of calculation, the estimated contribution would be $0.37 per cubic metre. All late payments would be payable at the above rate plus interest calculated at the same rate as overdue Cairns City Council rates.

35. Signs on the land shall conform with Council's Local Laws - Signs &

Advertisements to the satisfaction of the General Manager of City Development Division.

36. The height of any building for the development shall be in accordance with

Council's Planning Scheme provisions. 37. At all times while the use continues there shall 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 Flammable and Combustible Liquids Regulations.

Department of Main Roads 38. Dedication of Land for Service Road A twenty (20) metre wide strip of land along the entire Captain Cook Highway frontage

of that part of Lot 221 on RP 906407 located south of the Captain Cook Highway, shall be dedicated as road at no cost to Council or the Department of Main Roads.

This dedication shall occur:- • within six months of Council approving this development; or • prior to commencement of extractive industry operations on Lot 221 on

RP 906407; or • prior to the Department of Main Roads permitting access directly on to the

roundabout at the intersection of the Highway and Holloways Beach Road, whichever occurs first. 39. Highway Access and Associated Road Works

a. Holloways Beach Road Roundabout Access and Road Works

i. The only direct access between:-

• the Captain Cook Highway through traffic lanes and Lot 221 on RP 906407; and

• the Captain Cook Highway through traffic lanes and Lot 5 on RP 906407,

shall be via the roundabout at the intersection of the Highway and Holloways Beach Road.

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All other points of access directly between the Subject Land and the Captain Cook Highway through traffic lanes shall be physically closed via the construction of works/barriers/signs to the satisfaction of the Department of Main Roads:-

• upon completion of adequate access works on the roundabout by the Landowner (as specified elsewhere in these conditions); and

• prior to the commencement of usage of the roundabout access by the Landowner.

ii. A fourth leg (which shall include an entry lane and an exit lane) shall be

constructed on to the roundabout to the satisfaction of the Department of Main Roads.

The Department of Main Roads shall prohibit access on to the roundabout until these access works are completed.

iii. Where the Landowner utilises that land dedicated as road (as specified in

the above condition) for access purposes, a paved and sealed road (to at least an 8.0 metre width) shall be constructed to Council’s requirements in a location acceptable to the Department of Main Roads.

These works shall be completed prior to the dedicated land being used for access purposes between the roundabout at the intersection of the highway and Holloways Beach Road and the balance of the subject land.

iv. The Department of Main Roads has permitted the fourth leg on to the

roundabout provided:-

• this approval expires before the year 2009; and • this access is used for agricultural, extractive industry and batching plant

purposes only; and • a notice is placed on Council’s Rates File advising the Landowner that

access to the Highway may need to be relocated in the longer term to accommodate the Department’s future transport planning requirements.

This approval will lapse four (4) years from the date hereof unless the extractive industry is substantially commenced and all relevant conditions complied with.

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PLANNING AND DEVELOPMENT COMMITTEE

13 MARCH 2001

12

PRELIMINARY APPLICATION – DISPENSATION OF BUILDING AND HEIGHT REQUIREMENTS DCPB HILLSIDES

Dan Gilligan: jf : 12/16/5-01: 271035 PROPOSAL: SINGLE DWELLING APPLICANT: NARELLE STEIWEDE LOCATION: LOT 14 CHATHAM TERRACE, SMITHFIELD ZONE: LOW DENSITY RESIDENTIAL STRATEGIC PLAN: CONSERVATION DIVISION: 12 APPENDIX: 1. CROSS SECTION A-A

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LOCALITY PLAN

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RECOMMENDATION:

That Council approve the preliminary building application numbered 377/2001 for the increase in building height for the proposed building at Lot 14 Chatham Terrace Smithfield. The application is to allow a maximum height of 11.7 meters measured from the natural ground level as indicated on cross section A-A in drawing No 1 dated February 2001 by Donald Spencer Designs.

EXECUTIVE SUMMARY: A preliminary development application was received on the 27 February 2001 for a two storey dwelling to be erected on Lot 14 Chatham Terrace Smithfield. The dwelling exceeds the designated maximum height limit of 7.5 meters by 4.2 meters. The applicant has requested that Council use its discretion to approve the additional height of 4.2 meters over and above the deemed height of 7.5 meters. The proposed dwelling will satisfy all other requirements as mentioned in the relevant parts of Councils Hillslopes Development Control Plan for the siting and design of buildings and outbuildings. Under theses circumstances this assessment will only focus on the building height exceeding the deemed 7.5 meters height limit.

ASSESSMENT: This particular allotment is at the top end of Chatham Terrace and is 1.3 hectares in area with a 53 meter road frontage. The allotment slope gradient of about 6:1 from the road boundary building line towards the rear of the allotment. However this gradient is reduced to about 1:3 for the area of the allotment adjacent the right hand front corner survey peg, upon which in fact the dwelling is to be sited. Although this particular area of the allotment has a slope gradient greater than 1:6 (actual 1:3) it is the most suitable area considering that the remaining area of the allotment has a slope gradient of approximately 6:1. The trees and vegetation in the area to be development have been disturbed by nature and other means and selective clearing of the remaining trees and vegetation over this area would minimise clearing of the remaining undisturbed areas of the allotment to facilitate development. The roof of the building line, at its highest point above the natural ground of 11.7 meters will be well below the top of the trees that cover the higher reaches of the allotment. There are 5 very tall trees of large girth that fan out and ground the subject higher parts of the dwelling but within approximately 8 meters distance from those parts. These particular trees in association with the remaining trees of various height and vegetation provide a tree lined barrier that would generally give an uninterrupted view of the natural skyline over and above the increase in the desired building height on this particular allotment when viewed from the lower parts of Smithfield.

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The gable roof design of approximately 15o pitch offers a single ridge line that is short in length and would be considered to be running parallel with the hillslope contours and is within the desired maximum roof pitch of 15o therefore satisfying that part of DCPB. The fabric of the building consists of light weight construction being slender vertical columns, timber framing, grey glass walls, within back frames and mountain blue roofing. These particular colours in all cases are non reflective and low contrast colours which reflect the tonal values of the adjacent vegetation and should enhance those parts of the dwelling exceeding the deemed 7.5 meters in conjunction with the existing tall trees and vegetation that are assisting in increased height from the lower parts of Smithfield. As the proposed increase in building height appears to satisfy the relevant parts of Council’s Hillslopes Development Control Plan, it is considered expedient to approve the increased height request for the proposed new dwelling at Lot 14 Chatham Terrace to allow the proposed maximum height of 11.7 meters measured from the natural ground level, as indicated on cross section A-A in drawing No 1 dated February 2001 by Donald Spencer Design. Dan Gilligan Building Regulation Officer Terry Davidson Manager Environmental Assessment

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APPENDIX 1 CROSS SECTION A-A

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13 MARCH 2001

13

LAND MANAGEMENT AGREEMENTS – STATUS REPORT

Neil Blamey:CLP : 13/1/2-08 : 270694

RECOMMENDATION That the continuation of the Land Management Agreements Project, be subject of further discussions during the preparation of the 2001/2002 budget and the outcome of discussions with the Natural Heritage Trust in regard to funding arrangements.

INTRODUCTION: The Far North Queensland region is fortunate enough to encompass a wide range of vegetation communities, fauna, view scapes and natural land forms, which have been identified in the region as significant enough to warrant protection. The Cairns City Council Land Management Agreement Project was set up as a Local Government program in 1997 to enable the conservation of outstanding natural sites on non-urban freehold land. The program encourages landowners to enter into conservation partnerships in return for incentives to assist with land management. The focus has been initially on coastal lowland communities and vegetated hillslopes which form important corridor links, habitat for endangered species in the region and significant viewscapes. In conjunction with ensuring the conservation and management of these areas, landowners receive recognition from the community and benefit from incentives that can be offered at a Local Government level. It is noted that hillslopes conservation in this region has, since the early ‘70s, been a controversial topic which is passionate to many who have campaigned to attain sustainable land management practices and scenic rim protection. Interest stems from all facets of the community, including government agencies.

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PROJECT SUMMARY Incentives and Recognition for the Protection of Freehold Land with Conservation, Aesthetic and Heritage Values To achieve the protection of environmentally significant freehold land, Council has adopted a voluntary conservation partnership approach. Land Management Agreements (LMA) were developed in 1997 by Council Scenic Rim Liaison Officer, to provide a mechanism by which Council could enter into a legally binding agreement with a landholder regarding the use and management of their land. The Land Management Agreement is a legal framework under which landowners receive certain benefits in return for the voluntary conservation of a portion of their land. The Agreement outlines provisions including minimum duration, legal requirements pertaining to the sale or transfer of the land, site details, penalties associated with dishonouring the agreement, site management plans, technical advice and works required by the landowner to enhance or compliment the conservation area. In addition, it can compliment the Wet Tropics Management Area and the Department of Environment’s Voluntary Conservation Agreements. The incentives offered include an annual rate refund, cash grants for the provision of materials, technical advice, trees for revegetation and formal public recognition for participation in the project. These benefits incorporate the skills and resources of supporting government agencies, ie. Department of Environment, Department of Natural Resources and the Wet Tropics Management Authority. The project is currently funded as a Natural Heritage Trust project by the Department of Natural Resources. Key priority protection areas are those which have been identified as regionally significant in the FNQ 2010 Regional Environment Strategy for the conservation of outstanding and high biodiversity. This accounts for a myriad of natural values including habitat for rare and threatened wildlife species, land which supports rare and threatened vegetation community types, areas which exhibit ecological and structural integrity, and those which are significant with respect to the maintenance of ecological functions. While much land falls outside of this priority area, applications are assessed for their ecological and landscape values and are eligible for inclusion in the project according to these values. In attaining the protection of land for conservation values, the project enhances landowners and community understanding and appreciation of biological resources and the need to protect the biological diversity of areas. Restoration of degraded sites, protection of the visual amenity of the landscape, and awareness of Ecologically Sustainable Development via extension and participation, are also outcomes of the project.

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CURRENT STATUS A list of current land management agreements and corresponding land areas are included. LAND OWNER DATE

COMMENCED PROPERTY FINANCIAL

GRANT (ONE OFF)

1999/2000 RATE

REBATE

AREA

1. G. Di Bella 4/8/98 L194 and 199 C157183, L14 RP707174

No $600 102 ha

2. C. Penfold 12/4/99 L1 RP710829 No $203 5106 m2 3. S & F Gatti

(Property 1) 29/1/99 L1, 2, 4, 7 RP710002 $92

4. S & F Gatti (Property 2)

29/1/99 L3 RP710002, L5, 6, 15, 16, 18 RP702597, L2 RP904353, L5 RP846539

Yes $1,200

$400 23.15 ha

5. K. Lehmann 25/9/98 L1 RP747240 Yes - $1,000

$364 25 ha

6. H. Steinmann 16/4/98 Part of L27 RP707869 Yes - $1,720

$600 43 ha

7. R. Jurgensen 16/3/00 Lot 319 NR66 No $84 (1/2 yr) 31 ha The cost last financial year (1999/2000) of expenditure related to the project was $3761.33 for seven (7) agreements, financial grants and promotion costs. Following years will require funds for rate rebate as stated above plus further adjustments for inflation (estimate 3%) and additional agreements created, along with further funds for any one-off financial grants agreed to and promotion costs. Total rebate funds currently required for the committed terms of all existing agreements is $21,986. The project is currently due to terminate on 30 June 2001. After this date, unless a further extension in which to use existing funds is granted, all balance NHT funds ($64,864 at 30/6/2000) will need to be returned and Council’s City Assessment Section will need to budget for the required funds in future years. A total of $21,986 as rate rebate funds will have to be provided by Council over the next nine years at the conclusion of the Natural Heritage Trust Project this financial year. Pending Council’s support, the project is to be reviewed with appropriate increases in Financial Grants and more accountability on the way they are spent, biannual site inspections for all agreements and the possible introduction of covenants on title as an additional alternative arrangement. Council’s continuing support of the project is required prior to a targeted expansion campaign being undertaken to increase the total number of Land Management Agreements. The Land for Wildlife project will also require additional staff time commitment to instigate this new initiative. An estimated minimum of 1 day per week needs to be allocated to the management of these 2 programs by the relevant Planning Officer.

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CONCLUSION The report is tabled for Council consideration. The continuation of this program is contingent upon:- a. Natural Heritage Trust funds not having to be returned, but allowed to be

used for the life of the program. b. If such is not forthcoming, Council’s commitment to continue funding this and

possibly an expanded ongoing program in the 2001/2002 Budget. This will need to be discussed as part of the Budget deliberations. Council Officers in the meantime will contact the Natural Heritage Trust with a view to discussing the funding options, unless otherwise directed by Council. Neil Blamey Planning Officer

Action Officer


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13 MARCH 2001

14

TEMPORARY DEVELOPMENT EXTENSION OF NIGHT CLUB FOR THREE ADDITIONAL EVENINGS, PLAYPEN 2000, 3-5 LAKE STREET, CAIRNS Clayton Oostergo:KRP : 18/46/1-78 : 270638 PROPOSAL: EXTENSION OF NIGHTCLUB FOR THREE

ADDITIONAL EVENINGS – 10 MARCH, 10 NOVEMBER, AND 31 DECEMBER 2001

APPLICANT: PLAYPEN 2000 INTERNATIONAL NIGHTCLUBS C/- PO BOX 7775 CAIRNS QLD 4870 LOCATION: 3-5 LAKE STREET & 2-10 HARTLEY, CAIRNS PROPERTY: LOT 1 ON RP 737819, PARISH OF CAIRNS ZONE: CENTRAL BUSINESS ZONE STRATEGIC PLAN: CENTRAL BUSINESS DISTRICT DCP: DEVELOPMENT CONTROL PLAN 1 – E-800

PERSONS PER HECTARE, DEVELOPMENT CONTROL PLAN 2 – PRECINCT 1 DIVISION: 6 APPENDIX: 1. APPLICATION

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LOCALITY PLAN

RECOMMENDATION:

That Council pursuant to Section 4.10.6 of the Planning Scheme for Part of the City of Cairns issue a Temporary Development approval for the use of a nightclub in the northern car park of the site at 3-5 Lake Street and 2-10 Hartley Street, Cairns subject to the following conditions:-

1. This temporary Development approval only has effect on:-

10 March, 2001 (through to the morning of 11 March, 2001); and

10 November, 2001 (through to the morning of 11 November, 2001); and

31 December, 2001 (through to the morning of 1 January, 2002).

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2. Approval of this Temporary Development permit in no way implies approval of any future Material Change of Use application for a permanent additional nightclub area on the site.

3. No amplified music is to be provided to the “car park” over which the nightclub is to be temporarily extended.

4. Crowd controllers must be provided for facility at all ingress and egress points and within the facility itself.

5. The development must fully comply with Council’s Health requirements.

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6. Floodlighting of the area must not result in spill lighting outside the subject property.

7. The southwestern car park must remain available to the public. Transportation arrangements must be made to facilitate staff parking at 82 Grafton Street, Cairns.

8. Adequate provision of free drinking water must be made available for patrons at all times.

9. Patrons must not be allowed to leave the property with any open containers.

10. The northern carpark must remain open to the public until 6.00pm in accordance with Council approval No 2449.

EXECUTIVE SUMMARY: The Playpen 2000 International Nightclub has applied to Council for a Temporary Development Permit for the Northern carpark (Lake Street side) for three nights. The Northern carpark is to be used for an overflow and quiet area for three balls that are planned for 10 March 2001, 10 November 2001 and 31 December 2001. TOWN PLANNING CONSIDERATIONS: Proposal The applicants have sought approval for the extension of the nightclub into the whole of the northern car park area on 10 March 2001, 10 November 2001 and 31 December 2001. Council has previously granted temporary approvals for one-off events:- - 3 June, 2000, (through to the morning of 4 June, 2000); - 18 November, 2000 (through to the morning of 19 November, 2000); and - 31 December 2000 (through to the morning of 1 January, 2001). The applicant will make available the following provisions within the fully enclosed (fenced) car park on the three nominated occasions: - 1. No amplified music; 2. Crowd controllers – provided by Queensland Security Providers; 3. Upgraded services and amenities to the Council Health requirements; and 4. Floodlighting of the area.

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Planning consents were issued in 1982 (Consent 2300) and 1983 (Consent 2449) for the initial establishment of the nightclub and respective alteration and addition. Consent 2449 essentially superseded Consent 2300. A condition of Consent 2449 required the provision of thirty-nine car spaces to be provided on site in association with the operation of the nightclub use. The main car parking area is situated on the north side of the nightclub building. A further condition specified the use of the car park during the day was to be made available to the public for parking (between 8.00 am and 6.00pm).

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The proposal has a two-fold affect on the car parking provided to accompany the use. Firstly, there will be a loss of the normal parking provided on the site. Secondly, there will be an increase in persons attending the site and consequentially an increase in parking demand. There is substantial parking in the surrounding streets after normal office and trading hours and the use of this area on previous occasions for one-off events has not resulted in parking conflict. The applicant provides staff car parking facilities at 82 Grafton Street and a proposed condition ensures the applicant supplies transportation between the Playpen and the off-site car park. Council’s Health Services has advised that on previous occasions when the car park areas was utilised as additional floor area the Applicant behaved in a respectable manner with appropriate amenity provision and good availability of drinking water for patrons. Some concern is raised with the number of toilets to be provided and Council’s Health Services will address this in due course. In conclusion it is considered that the temporary approval should be supported by Council subject to conditions. Clayton Oostergo Planning Assistant


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APPENDIX 1

116

PLANNING, DEVELOPMENT AND COMMUNITY SERVICES COMMITTEE

13 MARCH 2001

15

INDIGENOUS LIAISON AND POLICY OFFICER

Deevah Melendez : 1/3/22-02: 272503

RECOMMENDATION:

That Cairns City Council consider the designated position for an Indigenous Policy and Liaison Officer in its 2001-2002 budget allocation.

INTRODUCTION: The Community Relations Officer, functioning within the Community Development department of Council, is temporarily assisting Council in the facilitation of the Indigenous Reference Group (IRG). The officer is externally funded by Multicultural Affairs Queensland, who have specific guidelines that are not inclusive of the role the officer is currently engaged in, regarding the responsibilities that go beyond facilitator of the group. However, the Officer has been directed by her funding body to continue to assist the Council and the Indigenous Reference Group in accessing support and funding for the employment of a full time Indigenous Policy and Liaison Officer to be placed within Council's Community Development department. The IRG will continue to advise and support the Officer in any processes required to secure sufficient funding for this position. As part of the Officer's role, additional funding will be sought upon Council's acceptance of the proposed recommendations, from appropriate and relevant Indigenous Agencies and Service Providers in the region.

BACKGROUND: Over the past few years Council has employed a number of Indigenous officers to undertake policy development, networking and outreach. All of these projects have been short term, narrow in focus and crisis driven. An opportunity exists for Council to take a more strategic approach to Indigenous development. At present Cairns City Council does not have a designated Indigenous Officer position. Several members of the Community Services staff take on a number of Indigenous specific tasks either as part of, or additional to, their existing work commitments. The situation presently is reactive and unsatisfactory.

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Given the needs and issues facing the indigenous community and the pressure on local Councils to address these needs, it is timely and appropriate that Council consider a new course of action. A proactive, positive course of action open to Council is to establish a designated Indigenous Policy and Liaison Officer position to coordinate Council’s response to indigenous issues. This direction is well supported by the LGAQ, ALGA and MAQ and is consistent with successful outcomes being reported on other councils, including Townsville, Ipswich, Mackay , Redland and Douglas. The ALGA’s position on this matter is reflected in the:-

INTERGOVERNMENT RELATIONS POLICY All Governments of Australia:

* agree that Local Governments will maintain their responsibilities to ensure the provision of a full range of local government services to Aboriginal peoples and Torres Strait Islanders in accordance with appropriate planning, co-ordination and funding mechanisms;

COMMENT: There are currently thirty-six Indigenous Organisations and Service Providers operating in Cairns. It is important to note that these organisations specialise in addressing very specific social, cultural and health needs of Aboriginal and Torres Strait Islander people. Council receives daily enquiries regarding Indigenous and Torres Strait Islander issues, which are often specific to Council’s duty of care. Currently within Council, there is no coordinated approach to servicing ATSI communities.

CONSIDERATIONS: Policy: 1. Cairns City Council - None

Financial: Costs The estimated costs of establishing such a position are as follows: Salary $43,000 On- costs $12,000 Operational $ 5,000 TOTAL $60,000

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It is suggested that Council contribute 50% of these costs. Of the $30,000 needed to make up the 50% Council contribution, $8,000 can be sourced from the Indigenous Liaison budget and $ 2,500 from the Community Safety budget. Other contributions may possibly be accessed from the Aboriginal Torres Strait Island Commission, through the Cairns and District Regional Council. This will be dependant on Councils approval of the proposed recommendations. Extensive research has been done on acquiring information on where to access relevant funding opportunities to support this position. Information has revealed that there is a considerable amount of funding available for supporting projects and traineeships. However, only ATSIC has the potential of contributing towards funding the proposed position, in partnership with Council. Social: The employment of an Indigenous Liaison Officer will enable Council to approach the current needs of our community via a holistic approach, that is pro-active and not only responding to crisis situations as is currently the process.

CONSULTATION:

* Indigenous Reference Group – Members represent DETIR, DEWRSB, Cairns and District Regional Council for ATSIC, local traditional owner claimants, Aboriginal Co-ordinating Council, People for Reconciliation

* Local Government Association Queensland * Australian Local Government Association * Multicultural Affairs Queensland * Equal Opportunity and Human Rights Commission * Anti Discrimination Commission Queensland * Cape York Land Council

OPTIONS: 1. That Council continue to liase with service providers to respond to issues as they

arise.

CONCLUSION: The Indigenous Policy and Liaison position will not only expand the potential to offer substantial social benefits to our community, it will enable Council to galvanise the reconciliation process that has been embraced by over twenty two local Councils across

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the nation and is a significant strategy being embraced by the Queensland Government’s ten year plan and commitment to progress this issue.

ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE

ATTACHMENTS: none Deevah Melendez Community Relations Officer Leslie Sparkes Peter Tabulo Manager, Community Development General Manager, City Development

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13 MARCH 2001

16

RAMIFICATIONS & IMPLEMENTATION OF OPENING CITY LIBRARY ON SUNDAYS Kass Gardiner:kcg : 1/53/1-03: 269147

RECOMMENDATION:

Council to determine which option, if any, it wishes to adopt.

INTRODUCTION: At the Community Services Committee Meeting on Wednesday 21 February, a recommendation was made: “that a Status Report be prepared on the ramifications and implementation of opening the City Library on Sundays, on a trial basis.”

BACKGROUND: Two reports covering the costs and ramifications of opening the City Library on Sundays have been submitted to Council: The October 2000 Report to Council suggested that a re-arrangement of all branch hours could effect the Sunday opening of the City Branch, and satisfy other community requirements with an estimated increase in costs of approximately $300.00 per week. This recommendation to Council was not accepted. A further report presented by the then Acting Manager Community Services outlined the impact of achieving City Branch opening with no additional costs, however this required a rotating closure of branches one day per week. This Report to Council was not accepted. Council’s Community Services Committee resolved to proceed with obtaining quotations from suitable consultants for a strategic review of library services on 20 February 2001.

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CONSIDERATIONS: Statutory: Library Board of Queensland funding conditions require that management arrangements ensure professional and operational standards are maintained and consistent with the Library Board’s Guidelines and Standards for Queensland Public Libraries. Financial: Option 1 As suggested in the report of October 2000, the cost of the rearrangement of opening hours across the Library Service, is estimated at approximately $300 per week in staffing costs. The costs for operating the City building for an additional 6-hour day would be minimal because the actual hours of opening over a whole week, would not change – they would simply be rearranged. There would be increases in cleaning and maintenance which are unknown at the present. Option 2 An estimated cost of operating the City Library on a Sunday is: $1,900.00 per day, with an estimated cost of opening each Sunday for a year being $95,000.00. This includes the wages and operating costs of one Librarian, one Library Assistant, and three Library Assistant Junior Shelvers. Option 3 A submission outlining a cost-neutral implementation of the Sunday opening of the City Library, was presented to Council by the then Community Services Manager Donna-Maree O’Connor. This submission suggested the closure of a branch one day per week. Social: The Library Service provides an essential service that is valued by the community. The Library Service’s current membership of 82,746 is a significant proportion (64.6%) of the city’s population of 128,024. Community response appears to be against the proposal to cut library opening hours in the branches to effect Sunday opening of the City Library.

CONSULTATION: Consultation on this report has occurred with: • Personnel/Industrial Relations Officer • Executive Legal Compliance Officer • Acting Manager Community Development • Library Service Management Team

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OPTIONS: 1. Open the City Branch on Sundays and make additional funds available to meet the

proposed costs as per the suggested re-arrangement of Library Service hours in the October 2000 Library Service report;

2. Open the City Branch on Sundays and make additional funds available to meet the

proposed costs with all other Library branch hours remaining as they currently are; 3. Open the City Branch on Sundays on a cost neutral basis by closing the branch

libraries as suggested in the report to Council of 12 December 2000; 4. Make no changes to the Library Service pending recommendations of the proposed

library review.

CONCLUSION: It is considered that Council should consider the options outlined above. Kass Gardiner City Librarian Peter Tabulo General Manager City Development

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13TH MARCH 2001

17

STATEWIDE COMMUNITY CENTRE’S WEEK 2001

Kareen Pillar KP: 1/3/22 #271814

RECOMMENDATION:

Cairns City Council endorse Community Centres Week 2001 as a promotion of the achievements of Community Centres in assisting residents in the Cairns Community.

INTRODUCTION: Community Centres and Family Support Network Association QLD Inc. is funded by the Department of Families to develop information sharing, support, promotion and a strong cohesive voice in the development of Community Centres and Family Support Programs. The Network sought additional funding to have a statewide promotion of Community Centres and established a format for a yearly event. An overall theme has been developed that unifies community centres across Queensland, bringing together the diversity of the centres under one banner. May 6th to May 12th 2001 will be the first Community Centres Week with the theme “CommUnity All Faces, All Places”. Participation is not just for “traditional community centres” or members of CC&FSNQ This can include any of the following: * Community Agencies * Neighbourhood Centres * Self Help Groups * Church Based Groups * Multicultural Groups * Aged Groups * Youth Groups

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BACKGROUND: A number of activities designed to bring Community Centres together will be happening over the week. 4 major events have been planned to help promote Community Centres Week in May. * Major State-wide Launch

- Date: Sunday 6 May 2001. - Launch venue: South Bank Parklands or Community Centres can have their

own launch at their centres. - Keynote Speakers will be invited to speak at the event.

* Primary School Banner Competition - Each primary school in Queensland has been invited to design a banner

under the theme “CommUnity - all faces, all places”. - Each CCFSN Region Representative will judge the winning banner in their

region. These short-listed entries will go to Brisbane for the final judging as a part of the official state-wide launch by the State Committee.

* Unity Day.

- The focus of this day will be celebrating the diversity in the community. - The main feature of the day will be a tree planting ceremony. - All community centres in Queensland are encouraged to be involved in Unity

Day. * Community Open Days

- The focus is a ‘come and try it’ message. - During the week, user groups will have demonstrations to show the range of

services they provide. - An opportunity exists for centres to showcase their services and facilities to the

community.

COMMENT: A strategy has been developed to assist individual centres. HD Consulting and the CCFSN State Committee can provide a range of resources. Materials provided to assist include: * Monthly updates – details progress of the campaign and tips on how to approach

politicians and local celebrities to invite them to join in the festivities of the Open Day Launch and Unity Day. Also offers tips on how to write a media release.

* Activities List - Suggestions from several centres as to what types of activities community centres can hold during the week.

* Publicity Materials – includes posters, postcards and balloons.

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* Media Materials – Template media kits are provided. Community Centres are encouraged to make adjustments to suit their community.

CONSIDERATIONS: Policy: “The concept of capacity building is based on the principle that build peoples’ skills, networks and knowledge will lead to a stronger, more self reliant community. By sharing information and resources, building relationships between people, and working with and not for people, there can be both individual, community and Council growth.” (LGAQ) Cairns City Council Community Services Policy December 2000 Financial: This project has sought funding from external sources and local business sponsorships. The project funding is to provide Community Centres with materials so that they can participate with little or no budget. Part of the Community Support Coordinator’s role is to assist in the networking and development of Community Centres in Far North Queensland as the regional representative to the state committee. This role also includes the coordination and contact point for Community Centres Week in this region. The Community Support Coordinator is funded by Department of Families to fulfil this role. Social: Community Centres Week increases awareness about Community Centres and their services

CONSULTATION: Consultation on this project has occurred at state, regional and local levels with State Government and the 350 members of the Community Centres & Family Support Network Queensland Inc. and user groups of these centres.

OPTIONS: * Increase awareness about Community Centres, via this week, as a uniformed,

cohesive and cost effective approach to promoting Community Centre services and activities in Cairns.

* Individual community centres promote and advertise their own services.

CONCLUSION: Council endorse and promote Community Centres Week 2001.

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for Kareen Pillar Community Support Coordinator Leslie Sparkes Community Development Manager Peter Tabulo General Manager City Development

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13 MARCH 2001

18

COMMUNITY CENTRES AND HALLS POLICY

Leslie Sparkes : 10/23/1-09: 271046

RECOMMENDATION:

That Council adopt the Policy on Community Centres and Halls.

INTRODUCTION: This report outlines the development of the Policy on Community Centres and Halls.

BACKGROUND: An audit of existing Community Centres and Halls was undertaken by the Community Services Branch between August 1999 and December 1999. As a result of the review, recommendations for future sustainable maintenance and management procedures were made. This report was adopted by Council on 22 May, 2000. Council owned Community Centres and Halls included in this report were: • Aloomba Community Hall • Babinda Community Centre and Kindergarten • Bellenden Ker Memorial Hall • Brinsmead Bella Vista Community Centre • Clifton Beach Community Hall • Edmonton Playgroup Hall • Edmonton Pensioner’s Community Hall • Gordonvale Community Hall • Holloways Beach Community Hall • Kewarra Beach Community Hall • Meerawa Community Hall • Stratford Community Hall • Woree Community Hall • Yorkeys Knob Community Centre On 20 July 2000, a report was adopted by Council with recommendations to create a steering committee made up of representatives of various management committees and

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community centre user groups to develop a draft policy for Council owned community centres and halls. Areas proposed to be addressed included: • Principles of Community Facility Provision; • Equitable Arrangement for Payment of Electricity, Cleaning, and Other Costs; • Responsibility for Grounds Maintenance; • Fees and Charges; • Leasing Arrangements; • Promotion and; • Meeting Incorporation Costs. The second recommendation was that Council appoint a representative to the Steering Committee. A Steering Committee comprising of Councillor Lindsay, representatives from nine of the fourteen Council owned community centres and halls, and the Team Leader of Community and Cultural Development, have been meeting to develop a draft policy for Councils consideration.

COMMENT: The draft Policy for Community Centres and Halls has been circulated to management committees and user groups of Council owned community centres and halls.

CONSIDERATIONS: Statutory: Council’s management of community facilities occurs within the provisions of the Local Government Act 1993. This Act indicates that community facility provision is a core role of Council, which should occur within a planned approach that involves other parties and the community. Policy: There is no existing Council policy for Council owned community centres and halls and no written agreements between Cairns City Council and management boards or user groups. Financial: Council currently has an ad hoc arrangement of financial responsibilities in regard to community centres and halls. There are no standard procedures as to the responsibility for payment of operational costs. Council pays for phone and electricity for some halls and centres and provides ground maintenance. There will be a one-off cost of approximately $600 if Council assists new management groups in becoming incorporated. Social:

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A policy for community centres and halls will enhance opportunities for communities to develop viable local centres to meet and carry out safe, enjoyable activities, and build community identity.

CONSULTATION: • Community Centres and Halls Steering Committee • Community Support Coordinator • Manager Asset Management • General Manager Corporate Strategy • General Manager City Development • Local Law & Policy Officer

OPTIONS: Adopt the Council Policy for Community Centres and Halls, or make changes to the draft policy and adopt at a later date.

CONCLUSION: It is considered that Council should adopt the Council Policy on Community Centres and Halls.


ATTACHMENTS: Council Policy on Community Centres and Halls

130

CAIRNS CITY COUNCIL NO.

General Policy

Council Policy on Community Centres and Halls Intent This policy describes Council’s overall management role with regard to the

provision, maintenance, use and charges for community centres and halls. Scope This policy pertains to all Council owned Community Centres and Halls. PROVISIONS Definitions

Community centres are buildings providing physical resources that are used for community development and community services activities, including:

• Meeting and function rooms for community activities; • Offices and sessional rooms for delivering services; • Specialist activity and performance spaces for particular groups of people; • Outdoor areas, fenced playgrounds with safe play equipment; • Support facilities such as kitchen, toilet, and furniture;

More specific Definitions for the purposes of this policy are:

• “Community Centre”- an area or building used substantially for community services or activities, which promote the physical, cultural, or emotional wellbeing of persons within the community. Community centres are not designed to be places of worship.

• “Community Hall”- a large room or building for meetings, with basic facilities, where community activities take place.

• “Community Resource”- the physical features within a community centre or other building which can be used for the provision of community services of for community development.

• “Community Service”- a non-profit or government funded service which provides individual or social benefits to the community.

• “Community Agency”- a non-profit organisation providing community services to residents or workers.

• “Community Group”- a non-profit voluntary organisation concerned with the quality of life of its members or of the community generally.

• “Management Committee” – an incorporated committee or board that manages a community centre or hall on behalf of Council.

• “Lessee” – an incorporated committee or agency that enters into a lease agreement with Council.

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Rationale for Council Involvement The Local Government Act

Council’s management of Community Centres and Halls occurs within the Local Government Act 1993. The Local Government Act 1993 states that “A council may provide goods, services and facilities, and carry out activities, appropriate to the current and future needs within its local community and of the wider public, subject to this act, the regulations and any other law” (Chapter 6, Part 1) The Act sets the framework for Council’s provision and management of facilities. It indicates that community facility provision is a core function of Council, and that it should occur within a planning approach that involves other parties and the community. This policy reflects those principles.

Council’s Corporate Plan

Council’s commitment to providing equitable access to Council’s services and facilities is articulated in the Corporate plan 2000-2005 in key result areas – 1. Customer and community and 5. Service and infrastructure. Core responsibilities of the Community Development Branch, contained in the Action Plan, include: “Co-ordinate and facilitate in partnership with others, a range of appropriate and accessible community and cultural services and facilities which contribute to the liveability and sustainability of the Cairns Community,’’ and “recognise and value the diversity of the Cairns community,” and “to ensure that all people have opportunities to gain access to services and facilities and to participate fully in decision making on issues affecting them.”

Purpose of Community Centres

Council’s aim is to provide community centres that meet the diverse needs of our residents and visitors. Community facilities extend the community’s capability to conduct activities, develop links among people, and build self-help and mutual support. As well, they should meet the recreational, cultural and community support needs and strengthen local community networks.

Community centres have several basic purposes that Council wishes to promote. They provide:

• focal points for community interaction and for people contributing towards developing a friendly, supportive community with lively, viable local centres where people come to meet each other and find the social support they require;

• places where people can build relationships, and provide a focus for building community identity;

• places and resources where residents can meet, organise, and carry out safe, enjoyable activities;

• places that strengthen the life of the community; build strong, responsible, and safe communities; and

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• places and resources for delivering community services, including space for the volunteers who provide these services.

Principles for Community Centre Operation

MULTI-PURPOSE- to allow community facilities to be used for varying purposes, the internal and external areas and the equipment should be able to be used in different combinations for different types of activities. GREATEST USE- to optimise community benefits. Council’s preference is to maximise the number of people using the facility, the intensity with which it is being used, and the times it is used. WIDEST USE- to spread the benefits of community centres amongst the community, Council’s preference is for use by as many different people and groups as feasible. ACCESSIBLE- to promote equitable access, all new community centres should be equipped for disability access, be accessible by public transport, be promoted in community languages, and have well maintained informative signage on the facility and adequate direction signs to it. EQUAL OPPORTUNITY- to allow all residents the opportunity to use centres each should have a clear and non-discriminatory usage and booking policy. RESPONSIVE- to ensure community centres reflect community needs, provisions should be responsive to the community and not imposed- participation of residents is crucial.

Responsibility for Provision Role of the Parties

Council is only one player in the provision of community centres. The Federal and State Governments have responsibilities, while the community sector (particularly churches, clubs, sporting groups and cultural groups) is also a significant provider of community centres. In relation to other providers of facilities, Council’s policy is shaped in the expectation that they will meet the following objectives: The Federal Government • should ensure that its funding for local community services includes an

allocation for rent so that funded agencies can rent appropriate spaces; and • may contribute special funding for major facility projects. The State Government • should provide adequate funding for community service programs so that the

sponsoring body can rent appropriate spaces; • should contribute towards the cost of capital and maintenance of community

centres;

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• may provide special funding for major recreational facilities; • should contribute towards activity spaces for disadvantaged groups including

cultural communities and young people, so that Councils with high proportions of these population groups are not relatively disadvantaged.

Community Sector • The community sector particularly churches and recreational clubs should

continue to provide community facilities for their activities and strive to make these available for other groups when not required for the provider’s own purposes;

• Where a community group wishes to establish a centre primarily for use by its community, council may facilitate the establishment of the facility, but will be unlikely to assist financially.

• Where Council provides land or funds to a community group for a community centre, Council will require that the facility is accessible to the wider community when not in use by that community group.

• Council may wish to enter into a formal agreement to ensure Council’s principles for community centres are maintained in the ongoing management of the facility.

• All organisations providing Community Hall and Centres should work co-operatively with Council in planning for significant changes in their centre or hall’s availability or use.

Council’s Core Roles

Council’s central responsibility is to ensure a basic network of community centres as part of the overall package of community facilities or social infrastructure. Council’s role in community facilities should be in the context of building, strengthening and supporting communities. The roles that Council should accept are: • Investigation and facilitation • To investigate available funds, investigate community needs and identify

gaps; • To be an initiator and facilitate in the planning process; • To advocate for provisions of facilities by government agencies where there is

an identified need; • To facilitate intersectoral and community partnerships.

Provision

• To provide land, buildings and/or equipment consistent with Council’s own goals and financial priorities;

• To maintain and modify Council’s community centres to improve use amenity and ensure safety.

• To maintain grounds and external and internal structural maintenance of community centres and halls and conduct pest control. Details of maintenance will be outlined in Management Agreements.

• To bear responsibility of risk management of community centres and halls.

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• To provide security lighting and minimum account fees for electricity. In a situation of exceptional circumstances due to socio-economic constraints, Council will negotiate with management committees for payment of electricity.

• To support management committees in their conduct of centres • To provide and maintain fire safety equipment for community centres and

halls. • To assist groups to become incorporated by paying initial incorporation fees

to new management committees and by providing ongoing support. • To provide public liability for community centres and halls and to ensure

Council owned contents. • To remove graffiti as outlined in Councils’ Graffiti Management Policy.

Management of Community Centres Asset Management

• Council will progressively develop an asset management plan for each community centre so that each can be managed in an appropriate manner according to its purpose, use and capital needs.

• The asset management plan should specify for each facility its current and evolving purpose, desired usage targets, identify capital works requirements for the next five years including major maintenance and disability access requirements, and describe its management requirements, and arrangements.

• Each facility’s asset management plan should be developed in conjunction with the management committee or lessee. The aim should be a negotiated or accepted plan.

Management Committees

• Management Committees will be required to become incorporated. • The charging policy for community centres will be determined by

management committees and approved by Council. Fees should be maintained at a level that ensures access and equity to community users.

• All income from user charges is used for facility maintenance, general running and specific usage costs, or facility upgrading;

• Clubs and societies wishing to use the facility for meetings or activities should accordingly be charged.

• There should be an efficient, “user friendly” booking procedure to facilitate this use. Management Committees will develop policies for booking procedures for the facilities.

• Where a group wants exclusive use of a facility for its members, it should lease the facility or part thereof from Council (leases policy discussed below). Such a lease must allow sessional use by others.

• Where an organisation wants use of a facility or part for the purpose of providing non-profit community services, Management Committees may charge a reduced fee and consider waiver of fees on an application basis.

135

• Where an activity is for community benefit and particularly where it aims to benefit more disadvantaged citizens then the usage fee may be reduced for waived.

• The Management Committee is responsible for ensuring that use of the facility is maintained in a clean, safe condition; does not unduly disturb the neighbours; and that requirements of the workplace health and safety act are met; and is properly managed;

• Management Committees will provide all consumables such as toilet paper, hand towels, light bulbs, cleaning materials, etc.

• Management Committees will be responsible for cleaning of the community centre or hall.

Leasing Arrangements

Council will lease centres to incorporated community management committees where these groups desire extensive use of the facility and where Council believes that the group will provide reasonable management of the facility in line with Council’s policy. Council will incur costs for preparation of the lease. The general principles for leasing are: • The incorporated group undertakes management of the centre or area under

lease in return for a negotiated reduction in usage charges; • The lessee accepts responsibility for meeting the operational and minor

maintenance costs of the facility including pest control; • The facility is to be available for use by other groups at times when not used

for the lessee’s activities; • Other users are charged at rates agreed to by the lessee; • All income from user charges is used for facility maintenance, general running

and specific usage costs, or facility upgrading; • There is to be an efficient, “user-friendly” system for booking and accessing

the facility, and arranging for excess garbage removal after events; • The lessee is responsible for ensuring that use of the facility is maintained in

a clean, safe condition; does not unduly disturb the neighbours; and that requirements of the workplace health and safety act are met; and is properly managed;

Promotion

Council will provide identity signage on Council owned Community Centres and halls as well as promote the community centres and halls by providing listings in: Community Services Directory Vital Link Council’s PR Newsletter Public Notices Council’s Web Page Council will investigate options of providing blue signs to direct the public to community centres and halls.

136

Management Committees will provide Council with updated information about community centres and halls. Information to be included in updates include changes to management committee members, fees and charges, or changes to functions of the community hall or centre. Management groups should provide updated information annually. Any further promotion is the responsibility of the management groups.

This policy is to remain in force until otherwise determined by Council.

Leslie Sparkes Manager Community Development Peter Tabulo General Manager City Development

137


13TH MARCH 2001

19

APPLICATION TO ACQUIRE TENURE OVER PART OF LOT 75 USL9604 EDUCATION QUEENSLAND HOLLOWAYS BEACH ENVIRONMENTAL EDUCATION CENTRE S Keane : 19/3/3-27: 270059

RECOMMENDATION:

That Council advise the Department of Natural Resources that it has no objection to the application from Education Queensland to acquire a Permit to Occupy over part of Lot 75 USL9604 that being Lot 2 which is approximately 3470m² as shown on Drawing AP5927 subject to the following:

h Education Queensland seek endorsement from the Beach Protection Authority.

h That the Permit to Occupy does not give Education Queensland exclusive rights to Lot 2 on AP5927.

Council also advises the following:

h The present zone of the land is Open Space.

h Recreational activity as proposed by Education Queensland is compatible with the present zoning of the land.

h Configuration of Lot 2 does not restrict public access to the beach.

INTRODUCTION: Education Queensland (Holloways Beach Environment Education Centre) has applied to acquire tenure (Permit to Occupy) over Lot 2, an area of approximately 3,470m² for student environmental activities.

138

BACKGROUND: The area in question makes up Lot 75 on USL9604 as shown on Drawing AP5927 (attached) which is Vacant Crown Land under the control of the Department of Natural Resources. The applicant presently leases part of Lot 121 & 122 on NR840892 from Council and has use of Lot 2, which is also used by the general public. Education Queensland advise that they wish to formalise tenure over the subject area to ensure student & visitor safety whilst maintaining the lands current use of student environmental activities as recommended by the Department of Natural Resources. If successful in obtaining a Permit to Occupy the Environmental Education Centre would not seek to exclude all public access, only to ensure a method of control over those activities considered incompatible with the safety of students etc.

COMMENT: Council officers have provided the following advice: Precincts & Facilities Object to the proposal on the grounds that: • The area is subject to erosion. • The area is used for public recreation precincts. • Any occupation over this public land will create confusion for the public. Strategic Planning Strategic Planning advise that both Lot 75 and Lot 2 are exposed to erosion and should be preserved in public ownership. Maintenance & Construction Offer no objection Asset Management Asset Management advise that from an Asset Register inventory or future Capital Works perspective, the above matter has no impact.

139

1. City Assessment

City Assessment advise that Education Queensland has applied to acquire tenure over part of Lot 75 USL9044. It is understood that Education Queensland wishes to continue its current use of the land for student environmental activities only. Accommodation and other buildings are located on an adjoining allotment, the subject of an existing Crown lease. Education Queensland seeks the ability to control public access to Lot 2 to ensure student safety and well being. However the proposed configuration of Lot 2 does not restrict public access to the beach. The preferred Dominant Land Use for Lot 2 is indicated as “Conservation” in the Strategic plan for the Planning Scheme. Land included within the Conservation designation which is under the control of the Crown should be retained in its natural state or developed for recreation purposes in a manner that is sympathetic to the conservation status of the area. The Education Queensland proposal does not involve any change to the current recreational use of the land and does not conflict with the provisions of the Strategic Plan. Lot 2 is zoned Open Space. In this zone recreation activities, as proposed by Education Queensland are self-assessable against the Planning Scheme. Therefore no objection is raised to the proposed acquisition of tenure. City Administration City Administration advise that there is a notation on the rates file that confirms the subject property is within the defined area of the Coastal Management Control District. Therefore it is recommended that any purchaser/s contact the Beach Protection Authority for that agencies endorsement.

CONSIDERATIONS: Statutory: Lot 2 is zoned Open Space with the preferred Dominant Land Use indicated as “Conservation” in the Strategic Plan for the Planning Scheme. Policy: Nil

140

Financial: Nil Social: Nil

CONSULTATION: An on site inspection between the Department of Natural Resources (DNR) and Mr Geoff Barford, the Principal of the Holloways Beach Environmental Education Centre was undertaken on 17th October 2000. This joint inspection resulted in DNR recognising that a Permit to Occupy was a desirable option to ensure the safety and well being of students & visitors to the centre, as stated in the attached letter. The Divisional Councillor, Cr Cochrane has also inspected the site.

OPTIONS: 1 To support the application to offer Education Queensland a Permit to Occupy over

Part of Lot 75 USL9604, this being Lot 2 and area of approximately 3470m² as shown on Drawing AP5927, as recommended by the Department of Natural Resources.

2 To object to the application because of the following reasons: h The area is subject to erosion. h The subject area is used for public recreation. h Occupation over the public land will create confusion for the public.

CONCLUSION: By supporting the application to acquire tenure over Part of Lot 75 USL9604, incidents involving people with horse, motor bikes and unrestrained dogs will cease, therefore ensuring safety and well being of students and visitors to the Centre. However the Beach Protection Authority should be consulted before any Permit to Occupy is issued.


141

ATTACHMENTS: 1 Letter of application from the Department of Natural Resources dated 16th

January, 2001. 2 Drawing AP5927 outlining subject area. 3 Letter from DNR dated 19th October 2000, regarding on site inspection of 17th

October 2000. Sharon Keane Administration Officer David Lawson Manager - Administration

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13TH MARCH 2001

20

RATIONALISATION OF TENURES ELLIS BEACH LEISURE PARK

Allan Simpson:vk : 19/3/3-28: #270898

RECOMMENDATION:

That Council advise Anders Property Consulting on behalf of Musterford Pty Ltd (Ellis Beach Leisure Park) that it has no objection to the proposal dated 17th February, 2001, and attached drawing No. 7144-2, subject to the following:

• that no part of the subject area is to be freeholded ;

• that a suitable condition is included in the proposed new lease providing Council with the necessary access to Cascade Creek for maintenance purposes and ensuring no further encroachments occur in the immediate area of Cascade Creek ;

• that the term of any new lease is for a term of thirty (30) years ;

• no further encroachment into the foreshore esplanade beyond the proposed new lease and areas of road licence ;

• access to the beach is to be only via controlled access through revegetated foreshore areas ; and

• any landscaping either within or outside the proposed new area is to be in accordance with a landscape plan approved by Council.

INTRODUCTION: Anders Property Consulting on behalf of Musterford Pty Ltd have been consulting with Council and other relevant agencies in regard to tenure issues at the Ellis Beach Caravan Park to legalise a number of encroachments, and are now formally requesting Council’s consideration of a new proposal.

148

LOCALITY PLAN

BACKGROUND: The current tenures at the Park are as follows: a. Special Lease over Lot 22 on NR 5986 issued for Business (Caravan Park &

Camping Area) for a term of twenty (20) years commencing, 1st January, 1987; b. Road Licence No. 7413, being Lot 1 on RL7413, commencing 9th September,

1982; and c. Permit to Occupy over Lot 1 on PER 20333, issued for Business (Camping

Ground) from 12th October, 1994. Council at its meeting of 18th October, 1999, at the request of the Department of Natural Resources considered the matter of the amalgamation of these tenures into one term lease and resolved that it had no objection, subject to the following conditions: • that the subject area is not to be freeholded; • a drainage easement is required with a setback of ten (10)m from the highbank of

Cascade Creek; • that the term of the proposed lease is for a period of twenty (20) years; • access to the beach shall be via a controlled access through revegetated areas; • no intrusion into Council’s Foreshore Esplanade Reserve beyond the new

amalgamated lease area shall occur;

149

• additional planting’s incorporated in to the amalgamated lease area shall conform to an approved landscape plan approved by Council and reflect the beach character and endemic species of the area; and

• the rehabilitation of degraded creek banks, riparian strips in the lease area with

endemic plant species, in accordance with a landscape plan approved by Council.” Further to Council’s recommendation and subsequent to inspections, a new identification survey has been prepared by Anders Property Consulting detailing existing encroachments outside the boundary of the proposed amalgamated lease area.

COMMENT: Council’s Manager Precincts and Facilities, Mr. Ian Lindsay and Planning Officer, Mr. Neil Beck attended the inspection and have concurred with the proposal as presented by Anders Property Consulting.

CONSIDERATIONS: Statutory: Nil. Policy: Nil. Financial: Nil. Social: Nil.

CONSULTATION: As per the comment section of this report.

CONCLUSION: That Council should approve the current proposal and reconsider the conditions previously resolved on 18th October, 1999, in view of the amended proposal.

ATTACHMENTS:

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1. Letter of proposal and attached drawing from Anders Property Consulting. Allan Simpson Administration Officer David Lawson Manager Administration.

155


13TH MARCH 2001

21

ASSIGNMENT OF LEASE – PART OF LOT 452 ON RP 710126 FROM IDBURY PTY LTD TO PLANEJANE PTY LTD

Allan Simpson:vk : 19/3/3-27: #269645

RECOMMENDATION:

That Council advise Paul Williams and Associates on behalf of Idbury Pty Ltd that it has no objection to the assignment of the lease over part (1182m2) of Lot 452 on RP 710126 being Adair Street, Yorkeys Knob from Idbury Pty Ltd to Planejane Pty Ltd subject to:

• Council being satisfied that the proposed assignee is able to undertake the lease ;

• The Lessee to pay Council’s proper costs, charges and expenses including reasonable legal costs of and incidental to providing its consent and/or making any enquiries which are necessary with respect to the respectability, responsibility, solvency, fitness and suitability of the proposed assignee ;

• The lessee having paid all rent and other monies which are owing as at the date of assignment and there not being any existing unremedied breach of any terms, covenants and conditions contained in the lease as at the date of assignment, and in particular, any appropriate registrations and approvals necessary to conduct the business of a caravan park, have been obtained ; and

• Council, the lessee and the proposed assignee, entering into a Deed of Personal Covenant and Power of Attorney, in a form acceptable to Council, whereby the Assignee agrees to observe and perform the covenants and conditions on the part of the lessee.

INTRODUCTION: Paul Williams and Associates on behalf of Idbury Pty Ltd are requesting the assignment of the current lease to Idbury Pty Ltd to Planejane Pty Ltd.

156

BACKGROUND: The area leased to Idbury Pty Ltd is part (1182m2) of Council’s freehold Lot 452 on RP 710126 (Adair Street, Yorkeys Knob) and forms part of the Yorkeys Knob Caravan Park. Idbury Pty Ltd is in the process of selling its own Lots 10 and 11 on RP 705890 to Planejane Pty Ltd, which adjoin the leased area.

COMMENT: The following comments have been provided by Council Officers: Environmental Assessment No Comments Strategic Planning No objection to the assignment of the lease as long as any requirements in the lease are preserved. If Adair Street road reserve is being utilised as part of the caravan park operations, appropriate public access needs to be provided to the esplanade. (Please note that public access is provided for under the current lease). Precincts & Facilities No objection to the assignment of the lease. City Assessment No objection to the assignment.

CONSIDERATIONS: Statutory: The current lease requires the lessee to comply with all statutory requirements. Policy: Nil.

157

Financial: Current lease rental is $179.85 per month and is subject to an annual review by CPI. Social: Nil.

CONSULTATION: As per comments in the ‘comments section” of this report.

CONCLUSION: The application to assign the lease should be approved subject to the proposed assignee undertaking to comply with the terms and conditions of the lease.

ATTACHMENTS: 1. Plan of lease area. Allan Simpson Administration Officer David Lawson Manager Administration

159

PLANNING AND DEVELOPMENT

13 MARCH 2001

22

FAR NORTH BUILDING CERTIFICATION – REPORT FOR PERIOD ENDING 28 FEBRUARY 2001.

Nigel Daniels : nrd : 12/2/3-03 : 269017

RECOMMENDATION:

Council note the report from Far North Building Certification for the period ending 28 February 2001.

INTRODUCTION: BUILDING ACTIVITY. Building activity within the Cairns local government area remains fairly steady at about $10M per month (with some exceptions), although the numbers of approvals continues to follow a slight decline Extreme changes in any one month should not be assumed to be indications of a trend. Long range forecasts indicate that the present general trend can continue until the beginning of a rise in 2003 from when there should be a steady rise until 2006. The following table gives details for recent months: CLASS DESCRIPTION NOVEMBER

2000 DECEMBER

2000 JANUARY

2001 FEBRUARY

2001 10A DOMESTIC

OUTBUILDINGS 58 36 39 40

$199,000 10B STRUCTURES OTHER

THAN POOLS 3

$5,000 10B SWIMMING POOLS 44 25 30 20 $282,000 ALTERATIONS AND

ADDITIONS – ALL BUILDINGS

77 57 69 62

$2,384,000 1A DWELLINGS 41 46 27 30 $4,230,000 1B SMALL BOARDING

HOUSES. 1

$5,000 2 FLATS / HOME UNITS 2 3 1 2 $276,000

160

3 HOTELS / MOTELS / HOSTELS

0 0 0 2

$3,030,000 4 CARETAKERS

DWELLING - - 0

5 OFFICES 0 0 0 6 SHOPS 0 0 0 7 WAREHOUSES 0 0 0 8 FACTORIES 1 0 0 9A HEALTH CARE

BUILDINGS 1 2 0

9B PUBLIC ASSEMBLY

BUILDINGS 1 4 1

TOTAL 228 173 167 158 VALUE 24,462,000 14,411,000 9,884,000 $10,406,000. Progressive summaries of building statistics are given in the following charts:

QUARTERLY - VALUE. ALL BUILDINGS. TO DECEMBER 2000.

0

20000000

40000000

60000000

80000000

100000000

120000000

140000000

160000000

180000000

Jun-

95

Sep-

95

Dec

-95

Mar

-96

Jun-

96

Sep-

96

Dec

-96

Mar

-97

Jun-

97

Sep-

97

Dec

-97

Mar

-98

Jun-

98

Sep-

98

Dec

-98

Mar

-99

Jun-

99

Sep-

99

Dec

-99

Mar

-00

Jun-

00

Sep-

00

Dec

-00

CAIRNS CITY COUNCIL. Far North Building Certification.

Ph: 4044 3583 Fax: 4044 3840

Email: [email protected]

www.buildingcertification.com.au

161

QUARTERLY TOTALS - ALL BUILDINGS - NUMBERS TO DECEMBER 2000.

841 877

1143956 932 923

1036

801 8731059

936

707756715

821 854

715

768

652643

760632

595

0

200

400

600

800

1000

1200

1400

Jun-

95

Sep-

95

Dec

-95

Mar

-96

Jun-

96

Sep-

96

Dec

-96

Mar

-97

Jun-

97

Sep-

97

Dec

-97

Mar

-98

Jun-

98

Sep-

98

Dec

-98

Mar

-99

Jun-

99

Sep-

99

Dec

-99

Mar

-00

Jun-

00

Sep-

00

Dec

-00

CAIRNS CITY COUNCIL Far North Building Certification

Ph: 4044 3583Fax: 4044 3840

Email: [email protected] www.cairns.qld.gov.au

www.buildingcertification.com.au

QUARTERLY - NUMBERS OF DWELLINGS. TO DECEMBER 2000. .

532

418

628

494 482437

305

196247 279

196 181230

138 124

225235

235

227144

118

215

940

100

200

300

400

500

600

700

Jun-

95

Sep-

95

Dec

-95

Mar

-96

Jun-

96

Sep-

96

Dec

-96

Mar

-97

Jun-

97

Sep-

97

Dec

-97

Mar

-98

Jun-

98

Sep-

98

Dec

-98

Mar

-99

Jun-

99

Sep-

99

Dec

-99

Mar

-00

Jun-

00

Sep-

00

Dec

-00

CAIRNS CITY COUNCIL Far North Building Certification

Ph: 4044 3583Fax: 4044 3840

Email: [email protected] www.cairns.qld.gov.au

www buildingcertification com au

Other activities: Building and Development Tribunal. The manager Far North building certification chaired Building and Development Tribunals conducting hearings in Townsville during February. Termite protection workshop. Termite protection workshop, originally to be held in February has been deferred until 19 March 2001.

162

Nigel Daniels Manager Far North Building Certification. Peter Tabulo General Manager City Development.

163


13 MARCH 2001

23

MONTHLY REPORT TO COUNCIL – CITY ASSESSMENT Brendan Nelson:MKH: 1/59/2 : 269726

RECOMMENDATION:

That the report be noted.

1.0 GENERAL Councillors, herewith is the Monthly Report for the City Assessment Branch covering the activities for the month of February, the report comprises separate sections within the Division. 2.0 CITY ASSESSMENT BRANCH 2.1 A total of 60 applications are currently under assessment by the Development

Assessment Branch. Due to software problems the current list of applications for each division will not be available this month.

2.2 Appeals

At the end of December the number of outstanding Appeals was 16.

2. 2.3 Current Subdivision Works Following is a list of subdivisions currently under construction: D Crawford Stanton Road, Smithfield Rokeby Developments Pty Ltd at Poolwood Road, Kewarra Beach (deferred) Redlynch Valley Estate, external sewer Heath Developments, Falcon Street, Bayview Redlynch Valley Estate Stage 5A, Redlynch Subdivisions Accepted “On Maintenance” Forest Gardens Estate Stage 16b, White Rock Inspection for Early Plan Sealing & Bonding

164

Nil Brendan Nelson Manager – City Assessment

165


13 MARCH 2001

24

COMPENSATION CLAIMS & PLANNING APPEALS Sue Shearer: 8/20/1 : 199233

RECOMMENDATION:

That the report be noted.

_____________________________________________________________________ Attached is an updated list of current compensation claims and planning appeals currently with Council. Brendan Nelson Manager – City Assessment

CAIRNS CITY COUNCIL (for Balance of the City of Cairns)

COMPENSATION CLAIMS 1993 TOWN PLANNING SCHEME

AS AT 5/3/2001 Description Applicant Comment Lot 392 Plan NR 7820 Parish of Cairns Location not known yet Pre zone: Residential Post 93 zone: Rural

P.L. & S.A. Harris PO Box 56, Manunda

Harris has blodged withrefusal stanHarris applieCouncil on 1elapsed with

Bruce Highway, Gordonvale Lot 1 RP847022 & Lot 69 on RP749142

Vamgold Pty Ltd C/- 26 Florence Street, Cairns.

Resolved –claimants so

166

Pre 1993 zone: Tourist Facilities Post 1993 zone: Retained Tourist Facilities with altered provisions: (a) site population density from 200 persons/hectare to 120 persons/hectare (b) uses such as accommodation units, caravan parks and holiday cabins were changed from as of right uses to consent uses; (c) retirement village was separately defined becoming a consent use within the Tourist Facilities zone (d) various changes were made to car parking, set back, site coverage and building height provisions. Kewarra Beach Resort Lot 2 on RP 731761 Pre 1993 zone: Rural C and Tourist Facilities Post 1993 zone: Rural and Tourist Facilities (a) Restaurant and Office.

R H Prettejohn, Kewarra Beach Resort Awaiting leg

167

-2- 9 Belleville Street, Stratford Hillslopes issue.

Tonak Pty. Limited C/- Norbert Lipton & Co., Solicitors & Attorneys, 10th Level, 115 Pitt Street, Sydney. NSW. 2000.

GHD have bDirections Hto take plac15/10/01.

CAIRNS CITY COUNCIL APPEALS / OTHER MATTERS MACDONNELLS LIST AS AT 5/3/2001 Appeal No. 31 of 1997 Catalano Road, Goldsborough. Appeal against conditions imposed on Council’s approval of subdivision application.

WER Developments Pty. Ltd. Council conat next calloinstructions

Appeal No. 13 of 1999 Larsen Road, Redlynch (Lots 2 & 3 on SP100442). Reconfiguration of a lot. Appeal against conditions.

Marino Consent Ormatter now

Appeal No. 17 of 1999 Redlynch Intake Road & Larsen Road, Redlynch (Lot 3 on SP100442). Appeal against refusal.

Marino Council conhas withdrawapproach to

Appeal No. 14 of 1999 Larsen Road, Redlynch (Lots 2 & 3 on SP100442). Reconfiguring a lot (Preliminary approval).

Marino Consent Orfinalised.

168

-3- Appeal No. 25 of 1999 71 Upolu Esplanade, Clifton Beach. Appeal against conditions.

Donald Keith Davis Council con

Appeal No. 299 of 2000 (Brisbane) 274-300 Mulgrave Road (Westcourt Plaza) – Showroom. Appeal against refusal.

Centro Negotiationsapproval.

Appeal No. 1281 of 2000 (Brisbane) Figtree Drive, Caravonica. 41 lot reconfiguration. Appeal against conditions

Red Peak Estate Council direappeal was by Consent

Appeal No. 14 of 2000 Application for Material Change of Use for a Plant Nursery on Lot 2 on RP732502, Parish of Trinity, County of Nares. Appeal against Council’s conditions.

Robertson White DCJ aAppellant’s ssealed copy Matter has btaking steps

Appeal No. 15 of 2000 Application for residential and commercial development on Lot 5 on RP854446. Appeal against Council’s refusal.

Farrow Mortgage A draft set othe Appellan

Supreme Court No. S12 of 1999 Claim by Council for a declaration concerning an alleged agreement for sublease concerning a tenure at Palm Cove.

Xontan Pty Ltd This matter 12, 2001.

169

-4- Supreme Court No. 154 of 1998

Cairns Earthmoving Contractors Pty Ltd Action againbreach of codeveloper cimposed by approval. Nformulation Drainage M

Supreme Court No. 77 of 1999

Vamgold Pty Ltd Action againbreach of codeveloper cimposed by approval. Nformulation Drainage M

Appeal No. 4 of 2000 Relates to Regional Waste Management Facility. CEC/Thiess are seeking a declaration from the P & E Court that the operation of the Waste Reprocessing & Recycling Facility is impact assessable development.

Cairns Waste Management Group ats Cairns Earthmoving Contractors Pty Ltd & Thiess Services Pty Ltd.

Applicant haCourt of ApBrisbane onpay the Appleave succeappeal succ

Appeal No. 6 of 2000 Family Lot subdivision – Lady Penrhyn Close, Centenary Park. Appeal against conditions.

David Singh-Majhel Appeal agameeting helto withdraw

Appeal No. 20 of 2000 Reconfiguration of land situated at Cnr Spence & Ogden Streets, Cairns. Appeal against conditions

Tong Sing Pty Ltd Appeal aga

Appeal No.3 of 2001 Material Change of Use – Trapeze Ride Corner of Sheridan & Spence Streets. Appeal against refusal

Grofski Preliminary 27/2/01. Aprepresentat

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25

COMMUNITY DEVELOPMENT MONTHLY REPORT

Leslie Sparkes:KG : 1/58/10-01: #266169

RECOMMENDATION:

That this report be noted.

INTRODUCTION:

Community Planning and Development Officer This position has been advertised. Fiona Norman, Special Projects Officer will be administering Councils Community Development Grant Funding round.

Community Safety (Joy Wii)

Homeless Persons Issues

Met with the Mayor, Deputy Major, Department of Aboriginal & Torres Strait Islander Policy and Development, Department of Families, Qld Health, Assistant Commissioner of Police and various community organisations and Council officers. In researching this issue discussion were held with Brisbane, Darwin, Perth, Townsville, Mt Isa and Alice Springs Councils and Territory Health Dept who also are experiencing similar issues and have regulatory solutions only. The outcome to date is that DATSIPD will be the lead organisation in Cairns to address this issue. From the information gathered a strategy was developed with DATSIPD and the Dept of Families who will fund two case managers that will work from the DATSIPD office. The case managers will speak to individual homeless people to address each of their particular situations on a case-by-case basis. All move on powers are the responsibility of the police.

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Alcohol Management Issues

Met with the two representatives from Liquor Licensing Division, the Cairns Police Tactician, Council’s Manager of Parks and Reserves, Compliance Officer, By Law Officers and Venue Managers to address issues of Council’s role in the management of alcohol in public places. Council’s role is regulatory and not enforcement which links up to move on powers for police. All of Queensland’s public places are designated as alcohol free zones. Council can stipulate that an area can be a classed as a ‘wet area’ (alcohol allowed area).

Security Issues

Council’s contracted security required training in Code of Conduct, Restraint and Capture of dogs and Council By Laws including Parks and Reserves etc. The training was organised and delivered to 21 contracted security providers, which will assist them in their delivery of security for Council.

Neighbourhood Liaison Officer (Antonio Pinto)

Mooroobool Committee Development

This project is to assist the Mooroobool Executive Committee to develop the skills needed to achieve a level of management, capable of controlling the affairs of the Mooroobool Community Centre and surrounding precinct. Funds from the Department of Families will be approved for the project from 1 July. The TAFE College is delivering training programs in management, numeracy and literacy.

Education Development Program for Youth, Age Group 10-15 yrs Old

Classes have recently started at the Mooroobool Community Centre as an alternate learning camp to help young people. Young people targeted to attend are those that have a history of never attending school or have been away from school for more than 3 months. Basic programs are in place to encourage the young people back to school. The Balaclava State School will be delivering training and classes will commence Monday, 5 March, from 10.00am – 2.00pm. Classes will not run during holiday periods.

Personal Development Program for Community Age Group 16 yrs And Up

Programs will soon commence at the Mooroobool Community Centre, addressing behaviours and attitudes of the target group. This will identify opportunities and create pathways to assist people in accessing training and employment. The classes will commence every Wednesday, starting 7 March, from 3.30pm – 5.30pm. Classes will not run during holiday periods.

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TAFE College Training

The ATSIC Department of the TAFE will be running training courses in literacy, numeracy and computer skills, using the Mooroobool Community Centre as the venue. A seminar organised by TAFE representatives, enrolled 12 people.

Community Relations Officer (Deevah Melendez)

LAMP (Local Area Multicultural Partnership

Community Groups

Met with the following groups to discuss issues and projects: * Sand Sports – advised a young member of the East Timorese Association in Cairns

on the development of a community sporting facility, which aimed to target multicultural community sports and activities.

* Voice of Samoa – consulted and advised their Community Liaison Officer on

accessing funding for several community cultural development projects. * Torture Trauma Counselling Working Party (TTCWP) – collaborated with members

of TTCWP on developing a culturally appropriate training program for community mental health workers.

Projects

* Web Site – developed a text document for Cairns Peace Week 2000 to be used for

Multicultural Affairs Queensland’s Community Relations Web site and Resource Kit. The event has been selected as one of the good practice cases to be listed on the web site.

* Centenary of Federation Celebrations – funding of a joint community submission

under the CMC, collated by the LAMP officer was successful. The Officer is in the process of assisting in the development of the business plan

* Newsletter – edited and designed issue No. 1 of the first LAMP community

newsletter. The LAMP Newsletter will be distributed to reference groups community groups, associated service providers, libraries and community centres.

* UMU Project – liaised with the Mooroobool Neighbourhood Liaison Officer on

accessing funding and project development for the construction of a community “UMU” (traditional Pacific Islands cooking structure) at the Mooroobool Community Centre Grounds.

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Arts and Cultural Planning and Development Officer (Elizabeth Brown)

Cultural Action Plan

* Identified a number of established high profile groups and have attended initial meetings to meet and establish working relationships. In developing a program of assistance to groups I have established Wednesdays and Thursdays for meetings with community groups and individuals. The focus will be on current activity and future desired activity.

Cultural Policy

* I have approached a number of arts and cultural service organisations to assist in the development of the Cultural Policy. These groups include the Civic Theatre, Graft ‘n’ arts, Arts and Cultural Reference Group, Visual Arts Association, Arts Nexus and the Tanks Art Centre. I plan to use existing networks within the community as points of reference for issues pertaining to their expertise.

Cultural Assistance Program

* Facilitating a series of four grant-writing workshops aimed at improving applicants skills and surveying the ‘user-friendliness’ of the guidelines and its compatibility with the application form. Fiona Norman, Special Projects Officer and Samantha Horan, Grants Administration Officer, are assisting with the delivery of the workshops. Feedback at the two workshops already undertaken has been very positive. The quality and number of applications in the forthcoming round will assess the success of the workshops. * Working with Arts and Cultural Reference Group, to put together the bid for Arts Queensland RADF Funding. The bid details how Council will ‘manage’ the monies through the financial year.

Officer of Community Development Youth (Terri Golding-Clarke)

Youth Projects

The National Nutrition Program is a grants program aimed at boosting child nutrition and targeting communities with high needs. The commonwealth is providing funding of $2 million for over three years for grants specific for Aboriginal and Torres Strait Islander peoples. We are in the process of applying for a grant through this program. A concept was presented to the Balaclava state school and the Mooroobool community that entails a health project that broadens itself into a holistic three year pilot. The proposal will request funds to employ a Nutritionist whose role will be to conduct an impact assessment and to make recommendations to the Education Department and the targeted communities.

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A healthy foods program will be introduced via the school cafeterias and a community garden located in Mooroobool. It is envisioned that trainee health educators will be employed and that mechanisms be put in place to ensure sustainability. Literacy & Numeracy

The consortium of schools consisting of three major High Schools in the region has approached me to facilitate their concept, which incorporates literacy and numeracy into their program. I have designed a proposal outline and will present it for discussion at a meeting with the consortium. Domestic Violence

As a newly placed member of the Domestic Violence Reduction Committee, I have placed myself on the D.V Education working party. I have put forth a concept to Graft’N’Arts to facilitate their involvement in addressing issues through the medium of artistic performance. The working party will negotiate with the Dept of Education Qld, utilising the expertise of a Principal and a departmental executive as working party members.

Youth Support Worker (Lee Storck)

West Cairns Youth Development/Community Renewal

Peer Support – delivered two day Peer Support workshops to 20 young people and 6 staff from Trinity By High and Woree High School. This workshop was to support natural helpers in grades 11 and 12 and provide them with a framework to help their peers by learning communication skills, decision making and referral process. This project was delivered in conjunction with TPHU Young People at Risk program and the School Based health nurse for Woree and Trinity Bay.

After School Program

Developed and implemented the After School Program, which runs every afternoon from the Manoora Community Centre. Support has be given to volunteers for the juvenile justice program. Arranged for a presentation from Community Conferencing (DFYCC) for community members so that residents would become aware of alternative juvenile justice programs.

Museums Development Officer, MDO (Maria Friend)

Museum Development

* Exhibition assistance: RSL Cairns Branch – Exhibition celebrating 100 years of Australian Army (Cairns City Council).

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* Dr Koch Foundation – development of exhibition concept for the annual function at the Tanks. * Guidelines have been set up for a new museum at Millaa-Millaa.

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Museums Australia (Qld) Conference – 15-16 September Cairns

Assisted with the organisation of venue, speakers and accompanying programs. Mrs Dawn Casey, the Director of National Museum of Australia in Canberra (to be opened in March 2001), agreed to be the key speaker.

Museum Reference Group

Meeting on 26 February; the main issue discussed was the assessment of the heritage collections in FNQ. YACCA Project Officer (Peter Clarke)

Programs and Projects

* Small Motors Course at Indinji Youth Welfare Centre started 3rd week of February, with 11 young people enrolled. This course is designed to skill young people in the skills and maintenance of small motors. Linkages have been established in TAFE and the Traineeship Board to assist in sustainable outcomes. * Undergoing initial planning and development of an “Underage School Leavers Support Program”, to be run after school hours and based at the Alternate Education Campus at Festival Faire. * Have undertaken initial planning and development of a “Schools Support Program”, to utilise agencies, organisations and community people to hold sessions at local schools, regarding relevant issues and concerns, such as Family Violence, Health and Youth Crime. Planned to start late March or start of school 2nd term.

Community Support Co-ordinator (Kareen Pillar) &

Family Support Worker (Kellie Burton)

Aim

To strengthen and develop the Southern Suburbs community by providing support and assistance.

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Summary February 2001-03-06

Hambledon House Activities February No. of Hours of Community Access to Community Meeting Rooms

151 hrs

No. of different Groups Accessing this month 23 Groups

No. of appointments provided by Community Support Coordinator to Groups & Individuals Hours

12 Groups/Individuals 36 hrs

No. of counselling appointments provided by Family Support Worker to Families Hours

Worker on leave for 2 weeks 11 clients 16 hrs

No’s of Community members accessing reception for information and resources

527 residents

Hambledon House Community Centre Current Projects

Projects Progress Expected Completion

International Year of the Volunteer Project

Awaiting Grant Responses Due March

December 2001

Community Centres Week All Staff and Steering Committee Members are involved in preparations

June 2001

Maintaining & updating Resident Information System

February updates completed

Ongoing

Administration Traineeship Ongoing workplace training and assessment on Traineeship modules

July 2001

Down Park Management Committee

Completed conducting workshops for conflict resolution and developing guidelines for good management practice

Completed (The Down Park Committee has decided not to continue these workshops and has revoked it’s right to use it’s current constitution)

Preparing for Parenting Course

Course prepared, Promotional material developed & distributed.

March 2001

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Enrolments underway

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(cont…)

Projects Progress Expected Completion

Review of One Stop Shops for Disaster Recovery

Not all facilities have responded Follow up on these facilities is occurring

January 2001

Sole Parents Support Group

Ongoing support through establishment stage

June 2001

Graft’n’Arts (Marie Peart & Team)

Youth and Community Arts Workshops – Centre Based

* Poppy Syndrome – Theatre and performance based workshops (7-11, 12-16 & 16+) - Total = 107 attendances * Pottery - Total 24 attendances * Capoiera Dance - Total 240 attendances * African Drumming – Total 21 attendances * T-shirt and Banner Painting for local community groups

Graft’n’Arts Multi-Media Lab

Individuals and community groups have been utilising the Lab for arts and cultural based projects. These include CD design work, web site design, editing and movie making. Attendances – 260 people Outreach Workshops

Networking with Edmonton community to commence the implementation of Edmonton Arts on 15 March. Weaving Boundaries

Planning is underway for Weaving Boundaries workshops to commence in March. Support with promotion and marketing for cultural groups is ongoing. The Women in Thread Exhibition at the Hilton is in its final month with the second Graft’n’Arts Hilton Community Exhibition underway. Special Projects and Events

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* Dimbulah (Priority Country Areas Project) State Education – Planning has been completed with the project starting in March through to May. Funded by PCAP and Mareeba Shire Council.

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* Graft’n’Arts is assisting in the implementation of the Centenary of Federation project in September. * Amnesty International held a fundraising event on Saturday 10 February at Graft’n’Arts.

Libraries (Kass Gardiner & Team)

Feb-01 Babinda City Info Desk Ed'ton G'vale Manunda S'field S'ford Woree Total No of days open 24 24 20 24 24 20 24 20 24 Loans 1769 26073 4781 5713 7712 16961 3500 8001 74510 Extensions 158 4219 580 923 1008 3013 471 965 11337 Loans + Extensions 1927 30292 5361 6636 8720 19974 3971 8966 85847 Returns 1921 25439 4827 5724 8132 16441 3600 8452 74536 Circ by staff hour 26 50 67 39 60 45 54 49 Members added 14 459 77 27 69 177 23 63 909 Borrowers active 517 19849 1447 1244 2469 4875 814 1897 33112 Door count 4908 46431 5243 6552 7703 19873 4767 7628 103105 Queries Reference 55 332 694 201 44 112 82 83 57 1660 General Total 381 6439 917 754 1641 425 671 1378 12606 Total queries 436 6771 777 1118 798 1753 507 754 1435 14349 Queries by staff hour 3 6 4 7 3 6 1 5 4 Internet hours booked 64.75 595 58 115 134 137 43.5 121 1268.25 Council office queries 165 116 645 926

Tanks Art Centre (Lee-Ann Forsyth & Ross Bell)

Venue Hire Attendance Tropical Paradise Walks 70 Museums Development 40 Footnotes Dance School 720 Swingroc Dance 80 Flamenco Rhythm 20 Arts Law 5 Humbug Designs 3 Bonemap Rehearsals 25 RADF Workshops 22 Private Rehearsals 1

Outcomes

* 10 organisations/individuals 986 attended * Number of Events in February 84

Special Projects and Events Update 2001

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* “Barefoot” by H & P Productions March * C.H.O.I.C.E. Exhibition April


ATTACHMENTS: N/A Leslie Sparkes Community Development Manager Peter Tabulo General Manager, City Development

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ENVIRONMENTAL ASSESSMENT MONTHLY REPORT FOR FEBRUARY 2001

TD:ALD 1/58/10-01 #269626

RECOMMENDATION:

That this report be noted.

PUBLIC HEALTH Bed & Breakfasts All known and suspected Bed & Breakfasts were visited by a Council Environmental Health Officer during February 2001. Of the number inspected only half were openly operating as a Bed & Breakfast, the remainder were private dwellings or the occupants/owners were not able to be contacted. Follow up action is in progress to ascertain the status of this group. The inspections revealed that very few Bed & Breakfasts comply with Council’s Planning, Building and Health requirements and the Bed & Breakfasts which were not in compliance were advised on the steps that they must take to obtain their approval. Again following action will occur to ensure all Bed & Breakfasts comply. Local Law No. 6 – Rental Accommodation The advertising period for the Public Interest Test (P.I.T.) has closed for the subsidiary Local Law No. 6 Rental Accommodation. A gratifying number of submissions from interested parties were received and those with the proposed subsidiary Local Law will be taken into consideration on the final drafting of the subsidiary Local Law. Registration & Licensing Revenue received in February 2001:- Registration & Licensing: $9,694.00 Miscellaneous, Sales Search, Plans etc: $1,213.89 TOTAL: $10,907.89 New premises: 12 Transfer premise: 6

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Closed: 3

VECTOR CONTROL Council’s Vector Control units have been focusing on parks and easements and swamp lands. Fish Breeding During the next 4-6 weeks all of the current fish hatchlings will be released into known mosquito breeding sites. Fish released this wet season: 5,000. Chemicals Used for February 2001 Reslin Adulticide - 40 litres Vectobac Larvacide - 20 litres Mosquito/Sandfly Complaints The number of mosquito complaints for February: 25 No complaints were received for sandflies.

ANIMAL CONTROL Animal Control work proceeded in a satisfactory manner during this month, as outlined in the following information: Registration

NUMBER OF DOGS REGISTERED TO 1 FEBRUARY 2001 – 28 FEBRUARY 2001

299

Impounding

NUMBER OF DOGS IMPOUNDED 102 Number of Impounded dogs not registered 47 Number of Impounded dogs registered 55

RETURNED TO OWNER 49 Destroyed 43 Handed to refuge 0 Others (Seized) 2 Dangerous Dog Orders issued 5 Complaints received and actioned 151

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MONTHLY FINANCIAL STATEMENT

Total YTD Current Month Previous Month

REVENUE - REGISTRATIONS

$ 529,417 $10,698 $ 17,621

REVENUE – IMPOUNDING

$29,109 $ 3,695 $1,658

EXPENDITURE - TOTAL $ 414,763 $45,885 $55,874

Education Animal Control Officers are continuing to assist dog owners with education appropriate, in an effort to reduce complaint numbers.


Terry Davidson Manager Environmental Assessment Peter Tabulo General Manager City Development

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RECONFIGURING A LOT – 13-15 TOOHEY STREET, PORTSMITH – CREATE TWO LOTS Jenny Elphinstone:KRP : 8/13/378 : 270956 PROPOSAL: CREATE TWO (2) LOTS APPLICANT: FERNTREE INVESTMENTS PTY LTD C/- C & B GROUP PO BOX 1949 CAIRNS QLD 4870 LOCATION: 13-15 TOOHEY STREET, PORTSMITH PROPERTY: LOTS 1-3 SP106695 ZONE: GENERAL INDUSTRY STRATEGIC PLAN: INDUSTRY DCP: DCP 2 – HEIGHT & IMPACT OF BUILDINGS -

PRECINCT 8 DCP 5 – PORT INDUSTRIAL AREA NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 22 MARCH 2001 DIVISION: 5 APPENDIX: 1. PROPOSAL PLAN

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LOCALITY PLAN

RECOMMENDATION:

Council approve the reconfiguration of Lots 1-3 on SP106695, Parish of Cairns, County of Nares, situated at 13-15 Toohey Street, Portsmith, to create two (2) lots, subject to the following conditions:-


1. The proposed Plan of Survey, Drawing No. 6208-12, dated 08/02/01,

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:

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Sewer and Water 2. The applicant must carry out water supply 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.

3. 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 $4708.20 for water and $354.00 for sewer.

b. Payment is required prior to the approval and dating of the Plan of Survey.

Roadworks

4. a. The applicant shall 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 payable within 14 days of the issue of a Development Permit for Carrying Out Building Work or prior to the issue of the Certificate of Classification. The current rate of contribution is $11,950.92.

Open Space 5. The applicant/owner must contribute towards the provision of or upgrading

of parks and reserves in accordance with Planning Scheme Policy No. 6: Contribution for Open Space Management and Section 5.6 of the Local Government (Planning and Environment) Act.

The contribution shall be 10% of the unimproved capital value of the land of the new allotments. The current rate of contribution is $10,438.35. Payment is required prior to the approval and dating of the Plan of Survey.

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Drainage 6. The site is to be drained to the satisfaction of the Chief Executive Officer. Three

copies of a plan of works shall be submitted to and approved by the Chief Executive Officer within 30 days of the issue of this development permit. Such works shall be constructed, to the satisfaction of the Chief Executive Officer, prior to approval and dating of the Plan of Survey.

ADVICE

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

2. This approval, granted under the provisions of the Integrated Planning Act, must cease and determine two (2) years from the date of this decision if no Operational Works are required or four (4) years from the date of this decision if Operational Works are required if these conditions and the Council’s Local Law and Regulations have not been fully complied with and a Plan of Survey submitted to Council for approval and dating.

EXECUTIVE SUMMARY: The proposal seeks to create a separate lot, Lot 7, fronting Morrison Street with the remaining balance lot (consisting of an existing building, driveway and car parking facilities) to front Toohey Street. The Toohey Street lot will have an access easement to Morrison Street. The proposal is compatible with the Planning Scheme requirements and it is recommended that Council support the application subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The site has frontage to Toohey Street and rear abuttal to Morrison Street. The subject site currently comprises a 3 lot Community Titles Scheme that was approved by Council on 28 January 1999. Development on the site includes : a warehouse building that can be used as a single entity or split into separate occupancies; a driveway and adjacent car parking area; and a vacant area fronting Morrison Street where another warehouse previously stood. It is proposed to create a new lot over the vacant area fronting Morrison Street; and resubdivide two of the existing 3 building format lots into five lots (Lots 1, 3, 4, 5 & 6). This latter component of the reconfiguration is exempt development under Schedule 8 of the IPA as the proposal involved a building format plan. Council approval is only required to create the new lot fronting Morrison Street. Strategic Plan/DCP’s

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The proposal is consistent with the Strategic Plan designation for industrial land use and DCP requirements are unchanged. Subdivision Requirements Min Frontage (30m) Min Depth (60m) Min Area (2000m2) Proposed Lot 7 33.67 – Complies 50.8m – See comments 2000m2 – Complies Balance Lot 33.67 – Complies 83.7m – Complies 3341m2 – Complies Discretion is available to Council under Clause 5.2(f)(i) to allow less than the prescribed minimums. Application of this discretion is appropriate given the proposed layout of the balance lot to achieve on-site parking requirements. Whilst the proposed new building format plan is not part of the matter before Council, the Applicant has been advised that car parking areas allocated for each building format lot are to meet the Planning Scheme requirement. Impact of Proposal The reconfiguration will have minimal impact on the existing area. Proposed Lot 7 is of a suitable size to support both a building, landscaping and required car parking and loading demands for an industrial development. The driveway access to the remaining lots includes proposed Easement A which is already constructed. HEADWORKS / CONTRIBUTIONS:

Calculation Comment Contribution

Water District 11 : W2: $798/EDC(1990) General Industry: 12 EDC/ha @ .534ha Less 0.724 Kl/day / 1.55 Kl/EDC (existing use determined from water charges)

5.9EDC No RICI adjustment

$4708.20

Sewerage District 25 (52) $60/EDC Demand for contributions equivalent to water headworks (No previous contributions registered).

5.9EDC @ $60/EDC (no RICI adjust)

$354.00

Road/ Traffic

Outside CBD General Industry: allow for factory use ‘as-of-right’ and 60% max site coverage 2000m² x 0.6 @ 1.0 veh trip end/100 m²

12 veh trip end @ $995.91 per veh trip end

$11,950.92

Drainage No significant increase of impervious area

No contribution sought

Nil

Park 10% of unimproved capital value of lot being created @ $278,437/0.534ha (No previous land surrendered or contributions appear to have been made)

0.2 Hax10% @ $521,417 per ha

$10,428.35

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Jenny Elphinstone Senior Planning Officer


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APPENDIX 1

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NEGOTIATED DECISION - RECONFIGURATION OF A LOT – BRUCE HIGHWAY, FOSTER ROAD AND BARNARD DRIVE, WHITE ROCK Neil Beck:KRP : 8/13/300-04 : 272495 PROPOSAL: SIX (6) LOT COMMERCIAL RECONFIGURATION APPLICANT: CHARLES O’NEILL PTY LTD PO BOX 5246 CAIRNS QLD 4870 LOCATION: LOT 2 ON SP136773 LOCATED ON THE CORNER

OF FOSTER ROAD, BARNARD DRIVE AND BRUCE HIGHWAY, WHITE ROCK

PROPERTY: LOT 2 ON SP136773, PARISH OF GRAFTON ZONE: COMMERCIAL STRATEGIC PLAN: URBAN DCP: HILLSLOPES CATEGORY A STATUTORY ASSESSMENT DEADLINE: NA DIVISION: 3 APPENDIX: 1. PROPOSAL PLAN OF RECONFIGURATION

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LOCALITY PLAN

RECOMMENDATION:

A. That Council issue a Negotiated Decision Notice with respect to Development Application 8/13/300-03 for land described as Lot 2 on SP136773 for Reconfiguring a Lot subject to the following:-

1. Condition 4 being amended to read as follows:

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 as follows:

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Lot 1 - 2517m2 (supermarket) – 1/275 m2 = 9.15

2497m2 (specialty Shops) – 1/275 m2 x 0.80 = 7.26 Lot 2 - 110 m2 (Hungry Jacks) – 1/275 m2 = 0.40

Lot 3 - 90 m2 (Red Rooster) – 1/275 m2 = 0.33 Lot 5 - 376 m2 (Video 2000, Dominos) –1/275 m2 = 1.37 Lot 6 - 670 m2 (Hotel) – 1/70 m2 = 9.57 80 m2 (Bottleshop) – 1/275 m2 = 0.29 TOTAL =

28.37 EDC’s On the present method of calculation, the estimated total headworks contributions are $66,215.58 for water and $52,853.31 for sewer.

b. Payment for Lots 1, 2, 3, 5 and 6 are required prior to the approval and dating of the Plan of Survey.

c. Should further development be carried out on Lots 1, 2, 3, 5 and 6, in excess of the areas detailed in (a) above, then further headworks will be required to be paid prior to the issue of a Development Permit for building works. The payment of headworks for any areas in excess of those for outlined in (a) above will be undertaken in accordance with Council’s policy current at the time payment is made. A property note to this effect is to be included on Council’s rates data base for Lots 1, 2, 3, 5 and 6.

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d. Payment for Lot 4 is required prior to the issue of a Development Permit for Building Works on this lot. The applicant is to enter into a legal agreement confirming that the payment of headworks on this lot will be undertaken in accordance with Council’s policy current at the time payment is made. The agreement is to be binding on the current owner of the property and is to be effective for successors in title. A property note to this effect is to be included on Council’s rates data base for Lot 4.

2. Condition 5 being amended to read as follows:

The subject land must be drained to the Bruce Highway and the underground system in Barnard Drive draining to Skeleton Creek, 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. The open drain located in proposed Lot 4 shall be converted to a piped underground drain, connecting with the system in Barnard Drive.

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Three (3) copies of a plan of the works must be submitted at the time of lodgment of a development application for carrying out operational work and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Operational Work. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the issue of a Development Permit for Building Works on Lot 4. The applicant is to enter into a legal agreement confirming the timing of the construction of these works at time of development of Lot 4. The agreement is to be binding on the current owner of the property and is to be effective for successors in title. A property note is to be included on Council’s rates data base. The applicant is to be further advised that the control of erosion and sediment is to be their responsibility in accordance with the Environmental Protection Act and measures should be implemented prior to the development of Lot 4 to minimise this potential.

3. Condition 7 being deleted.

4. Condition 11 being deleted.

5. In all other regards the conditions and advice contained in Development Permit 8/13/300-03 issued on 6 March 2001 to remain unchanged.

EXECUTIVE SUMMARY: Council at it’s Ordinary Meeting held on 1 March, 2001 resolved to approve an application to reconfigure land described as Lot 2 on SP136773 located on the corner of the Bruce Highway, Foster Road and Barnard Drive, White Rock into six (6) lots subject to conditions. The applicant has made further representations regarding Conditions 4,5,7 and 11 of the Development Permit relating to headwork contributions, drainage management of proposed Lot 4, drainage contributions and open space contributions respectively. As a result of the negotiation process, it is recommended that Council support the proposed amendments to the Development Permit 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.

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Condition 4 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 (83.6 EDC’s) must be paid at the rates applicable at the time of

payment. On the present method of calculation, the estimated total headworks contributions are $195,122.40 for water and $155,830.40 for sewer.

b. Payment is required prior to the approval and dating of the Plan of Survey Applicant’s Comments The applicant has requested headwork contributions be calculated using the following method: Lot 1 Supermarket Leasable Area by Survey1 3500 Specialty Stores Leasable Area by Survey 2497 Sub Total 5997 x 60% 2 = 3598.2m2 Lot 2 Hungry Jacks (net area) = 110.0m2

Lot 3 Red Rooster (net area) = 90.0m2

Lot 5 Video Store/Dominos Gross Area 425 x 60% 2 = 255.0m2

Sub Total = 4053.2m2

1 EDC per 275m2 = 14.74EDC Lot 6 Tavern Lounge = 150.0m Bistro = 150.0m Beer Garden = 200.0m Public Bar = 70.0m Gaming Area = 100.0m

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Sub Total = 670.0m2

1 EDC per 70m2 = 9.57EDC TOTAL EDC’s 14.74 9.57 24.31 EDC Water $2334 x 24.31 = $56739.54 Sewerage $1863 x 24.31 = $45289.53 TOTAL = $102029.07 Note 1 Gross Lettable Area under the Property Council of Australia measurement

convention. This includes all back of house except the compactor area, loading canopy area, plant/motor rooms and condensor deck.

Tea rooms, toilets, preparation areas, cool rooms etc are included because

access is limited to staff of the supermarket operator. Note 2 The factor of 60% has been applied to the Gross Lettable Area to

compensate for the fact that Gross Lettable Area includes all back of house facilities such as storage and preparation areas, cold rooms, staff facilities and the like.

The applicant has further requested that Council defer payment of headwork contributions until building application stage for proposed Lot 4.

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Officer’s Comments The headwork contributions in the Development Permit were originally calculated using the Gross Floor Area for the ultimate development of the subject land facilitated by the Consent Order issued by the Planning & Environment Court (ie 23000m2). It is accepted that the ultimate development will not be developed in the first stage and that it would not be reasonable for Council to require full payment for the ultimate development at this point in time, particularly given the inadequacies of the original rezoning approval. Accordingly, it is agreed that the headwork contributions should be amended to reflect the approved and proposed building works on the subject land. Both parties agree that this is the most accurate and reasonable method of calculation, given that headworks were not imposed on the rezoning approval. However, the method of calculation outlined by the applicant above is not totally concurred with. In this regard, Council officers do not consider it to be appropriate for a discount of 40% to be applied to the total leasable area of the supermarket when the area not accessible by members of the public can be easily determined by the floor plans submitted. In relation to the specialty shops, it is agreed that a discount can be applied, given that plans have not been submitted for all fitouts. In this regard, 40% discount is considered to be too excessive. Council officers in negotiated decision meetings have supported a 20% discount on the specialty shops, with the full inclusion of mall space. Upon further consideration, it may be appropriate for Council to agree to a 20% discount and exclude the area of mall space (approximately 1000m2). All other headworks calculations are concurred with except for the hotel which should also include 80m2 additional floor space for the bottleshop. Whilst it is undesirable to defer the payment of headwork contributions applicable to proposed Lot 4 until building application stage, it is considered to be reasonable under the circumstances. Council should be aware however that in doing so, it runs the risk of potential collection problems at some point in the future if and when the site is developed as no potential trigger exists to ensure payment is made. The applicant is prepared to enter into an agreement which provides this trigger, although it is not known as to how this may be affected if the land changes ownership. Condition 5 The subject land must be drained to the Bruce Highway and the underground system in Barnard Drive draining to Skeleton Creek, 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. The open drain located in proposed Lot 4 shall be converted to a piped underground drain, connecting with the system in Barnard Drive.

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Three (3) copies of a plan of the works must be submitted at the time of lodgment of a development application for carrying out operational work and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Operational Work. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey. Applicant’s Comments The applicant is strongly opposed to piping the open drain extending across proposed Lot 4 from the Bruce Highway to Barnard Drive as it is their opinion that there is no requirement to have the open drain piped at this stage. The applicant is requesting that the drain be piped when Lot 4 is developed in the future and be the responsibility of the future owner of the allotment if sold. Officer’s Comment The requirement for the provision of the piped underground drain in proposed Lot 4 is required to convey elements of Bruce Highway and site drainage into Council’s underground drainage system in Barnard Drive. The concerns from a Council officer perspective relates to the fact that water is being piped onto the site then into an open drain then back into a pipe again with the potential for erosion and sedimentation occurring. If Council is to agree to deferring this requirement until the time of future development on the site, then it would be appropriate to advise the applicant of its responsibility to prevent erosion and sedimentation in accordance with the Environmental Protection Act. The applicant is prepared to enter into an agreement which will ensure the construction of this drainage at the time of future development of Lot 4. Condition 7 The applicant/owner must contribute towards the augmentation of stormwater drainage services and associated service in accordance with Skeleton Creek Drainage Management Plan and the drainage management plan prepared in accordance with the Rezoning Deed (Planning and Environment Court, Appeal No. 63 of 1995). The contribution rate is that which is current at the time of payment. Payment is required prior to the approval and dating of the Plan of Survey. Applicant’s Comments The applicant has indicated that they contributed $110,000 previously towards stormwater drainage. They considered at this time that full payment had been made given the acceptance of this amount by Council officers.

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Officer’s Comment The previous amount of $110,000 accepted by Council was on the basis of the draft Drainage Management Plan (Dillon Close). Part of the subject land does not fall within the catchment for the Draft Dillon Close Drainage Management Plan but falls within the catchment for Skeleton Creek, therefore drainage contributions are also required for the Skeleton Creek Drainage Management Plan. This payment also forms one of the rezoning conditions and no allowance for that part of the site, or contributions applicable to the Skeleton Creek Drainage Management Plan, were provided in the contributions already received. If Council elects to accept the monies received as adequate contribution for drainage management, then the Skeleton Creek Drainage Management Plan will require revision to accommodate the shortfall. Condition 11 The applicant/owner must contribute towards the provision of or upgrading of parks and reserves in accordance with Planning Scheme Policy No. 6: Contribution for Open Space Management and Section 5.6 of the Local Government (Planning and Environment) Act. The contribution shall be the equivalent of ten percentum (10%) of the unimproved

capital value of the land of the new allotments. Payment is required prior to the approval and dating of the Plan of Survey.

Applicant’s Comments The applicant has submitted written representations demonstrating that land for open space has previously been surrendered to Council for park purposes as the subject land formed part of a parent parcel in association with three (3) other allotments, which were developed for Tamarind Gardens, Tamarind Heights and Tamarind Park. The applicant is of the opinion that full dedication has already been made and therefore the condition should be omitted from the Decision Notice. Officer’s Comment An investigation of the amount of land surrendered for park purposes over the entire estate incorporating the subject land has revealed that a shortfall of 700m2 exists. The application to reconfigure the subject land has provided Council with an ability to make up the shortfall of 700m2 through imposing a Condition of Approval requiring the applicant to make a monetary contribution equivalent to the shortfall in parkland over the entire residential and commercial development. Council’s standard procedure is to calculate the monetary contribution based on the unimproved capital value of the subject land being reconfigured, however in this instance it is considered appropriate that the contribution be calculated using unimproved residential rates in the area as opposed to unimproved commercial rates as

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the majority the estate was developed for residential purposes, and should the applicant not have lodged the application to reconfigure the subject land, Council would not be receiving any contribution for the provision or enhancement of open space in the area. Should unimproved commercial rates be used for the purpose of calculating the contribution for open space, the applicant would be required to contribute approximately $31,000.00 as opposed to $4,700.00 using unimproved residential rates, providing the applicant with a saving of approximately $26,300.00. Alternatively, Council may resolve that full dedication has been previously made as section 5.6 of the repealed Local Government (Planning and Environment) Act which is relevant in this instance specifies 10% as being a maximum contribution/dedication. If Council is to deem that full dedication has been made previously, then it would be appropriate to delete condition 11. Given the small shortfall in dedication compared with the overall development, it would be reasonable for Council to delete this requirement, however, if Council deems that full dedication is to be made then it is recommended that a contribution based on unimproved residential rates be utilised. CONCLUSION: Based on the foregoing it is considered reasonable for Council to issue a Negotiated Decision Notice amending conditions 4 and 5 and deleting conditions 7 and 11. Neil Beck Planning Officer


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PLANNING & DEVELOPMENT COMMITTEE – LATE ITEM

13 MARCH 2001

29

MATERIAL CHANGE OF USE – DETACHED DWELLING AND BOUNDARY REALIGNMENT – 29-31 AND 33-35 PALMERSTON STREET, AEROGLEN Jenny Elphinstone:KRP : 8/30/16 : 273351 PROPOSAL: DETACHED DWELLING AND BOUNDARY

REALIGNMENT APPLICANT: PHILLIP COLLINS 33-35 PALMERSTON STREET AEROGLEN QLD 4870 LOCATION: 33-35 PALMERSTON STREET AND 29-31

PALMERSTON STREET, AEROGLEN PROPERTY: LOT 1 ON RP738431 AND PART OF LOT 19 ON

RP738431 ZONE: RESIDENTIAL AND OPEN SPACE STRATEGIC PLAN: MEDIUM DENSITY RESIDENTIAL DCP: DCP 1 – RESIDENTIAL DENSITIES – AREA B –

100 PPH DCP 2 – HEIGHT & IMPACT OF BUILDINGS –

PRECINCT 6 DCP 4 – HILLSIDES – RESIDENTIAL 2 NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 2 APRIL 2001 DIVISION: 10 APPENDIX: 1. SITE PROPOSAL PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council approve the application for a Boundary Realignment and Material Change of Use – Impact Assessment for a Detached Dwelling on land at 33-35 Palmerston Street and part of land at 29-31 Palmerston Street, Aeroglen, described as Lot 1 on RP738431 and Part of Lot 19 on RP738431, subject to the following conditions:-


1. The proposed Plan of Survey, Drawing No. SP133389, dated December 2000, 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

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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:

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Drainage

2. Either:

a. The applicant/owner must ensure the boundary to proposed Lot 11 is not located any closer than ten (10) metres from the top of bank of the creek. The applicant/owner must submit a revised survey plan showing the location of the top of bank and the proposed property boundary.

Or;

b. The applicant/owner must:

i. Ensure the boundary to proposed Lot 11 is not located any closer than three (3) metres from the top of bank of the creek and;

ii. Provide stone pitching protection to the bank of creek for a distance of five (5) metres upstream from the corner of proposed Lot 11 (as shown in SP 133389) to the end of the existing concrete invert where the creek intersects with the drainage system of Easement A on RP749119 and;

iii. Repair, reconstruct and construct new concrete invert for that same length of creek bank detailed for stone pitching in Item 2.b.ii. above and;

iv. The applicant/owner must obtain approval from the Department of Natural Resources for carrying out such works in the watercourse, prior to commencement of work and;

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v. The applicant must arrange the transfer (registration of drainage easement) of the section of creek to Council which is located within the subject property. The width of the land to be transferred (easement) shall contain all land within the proposed Lot 11 that is within ten (10) metres of the top of bank of the creek. The land (easement) shall be transferred (registered) in conjunction with the registration of the Plan of Survey.

vi. Three (3) copies of a plan of works must be submitted to the Chief Executive Officer for approval within thirty (30) days of the issue of this development permit. The plan of works must be approved by the Chief Executive Officer prior to commencement of works. Such works must be constructed in accordance with the approved plan and current Council specifications prior to approval and dating of the Plan of Survey.

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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 no Operational Works are required or four (4) years from the date of this decision if Operational Works are required if these conditions and the Council's Local Laws and Regulations have not been fully complied with and a plan of survey submitted for Council approval and dating.

B. That Council undertake a consequential amendment to reflect Council’s decision in Recommendation A to include the subject land in the Residential zone.

C. That Council resolves to approve a reduction in the amount of fees payable for the application to a total of $1,375.00 and provide a fee refund of $2,745.00.

EXECUTIVE SUMMARY: Application has been made for a boundary realignment, whereby part of the neighbouring open space land is amalgamated with the existing residential lot to the immediate north. As the Planning Scheme currently zones the land “Open Space”, a Material Change of Use – Impact Assessment approval is required to convert the land use from open space to Residential to permit a detached dwelling. Council has previously agreed to the transfer of land from the Department of Natural Resources to the Applicant. No concerns are raised with the application and it is recommended that Council support the matter subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal Part of the dwelling on land at 33-35 Palmerston Street is constructed upon a small portion of the neighbouring open space land at 29-31 Palmerston Street. The applicant has negotiated with the Department of Natural Resources to purchase part of the neighbouring lot and realign the common title boundary. Council at its meeting held on 15 June, 1998 resolved that it would offer no objection to Mr Collins legalising encroachments onto the open space land by way of purchase of this land. This approval was conditional on Mr Collins rezoning the subject land to residential.

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The additional land also provides suitable access through the existing vegetation to the dwelling, thereby causing minimal disruption. A Material Change of Use – Impact Assessment approval is required as the use of the land changes from open space to detached dwelling.

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Strategic Plan/DCP The dwelling currently exists. The use of the new, larger lot for a single dwelling is consistent with the Strategic Plan and Development Control Plans. Land Zoning – Change of Zoning Matters The land is currently zoned Open Space and is part of the open space contributed as a consequence of the original residential subdivision. More than 10% of the subdivided land was contributed as open space to the Department of Natural Resources. The proposed boundary realignment is a negligible change to the open space and sufficient area remains for this purpose. There is no increase in traffic associated with the proposal, only the existing dwelling will result. There is no increased demand on community facilities as a result of the development. The part of open space affected is suitable for conversion to residential use. The land is not affected by flooding and is connected to existing services. The land is not listed as a potential contaminated site. As there is no increase in residential development, other than what currently exists, the development does not conflict with the State Planning Policy for Airports. Consequential Amendment The land is currently zoned Open Space and the proposed use is inconsistent with that zone. Should Council support the application, then it must amend its Transitional Planning Scheme to reflect the approval, within 20 business days after the approval takes effect.

REFUND OF APPLICATION FEES The applicant has paid a significant fee associated with the proposal – some $4,120.00 for a change of use where under the former Local Government (Planning and Environment) Act a rezoning would have been required. The applicant has requested a fee reduction/refund. It is noted that a basic application for a boundary realignment would be $515.00, for a Material Change of Use – Impact Assessment would be $550.00 and for a consequential amendment is $310.00. Given that no submissions were received and the assessment is relatively minor in nature, it is recommended that a total fee of $1,375.00 is appropriate and the applicant be refunded the difference (ie. $2,745.00).

HEADWORKS/CONTRIBUTIONS None Applicable. Engineering Comments The land to be excised from the Open Space zone does not include the existing vegetated stormwater drain.

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Under the provisions of the Planning Scheme for the Part of the City of Cairns, the following aspects are required: 1. Notwithstanding that the transfer of the designated area of land has already been

approved by Council (refer to correspondence of August 2000, 19/3/3-24), the requirement to maintain 10m setback from the creek bank for drainage purposes remains valid (refer Department of Natural Resources correspondence of 20 August, 2000).

2. Alternatively, the proposed boundary may encroach closer to the creek provided

that appropriate works are conducted to stabilise the creekbank and watercourse. Easements would also be required to maintain accessability.

Jenny Elphinstone Planning Officer

ACTION OFFICE

R


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APPENDIX 1

cairns city council planning, development & … · outside the boundary of the subject land...

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