cairns regional council ordinary meeting · 10/30/2008 · 6 minutes – ordinary meeting 30/10/08...

Minutes – Ordinary Meeting 30/10/08 - #1868821

CAIRNS REGIONAL COUNCIL

ORDINARY MEETING

30 OCTOBER 2008

10:00 A.M.

PRESENT: Cr V Schier (Chairperson) Cr A Blake Cr S Bonneau Cr M Cochrane Cr L Cooper Cr D Forsyth Cr P Gregory Cr N Lanskey Cr K Lesina Cr J Leu Cr R Pyne OFFICERS:

N Briggs Chief Executive Officer J Hawkes General Manager Works and Services B Grosser General Manager Corporate Services P Tabulo General Manager Planning & Environment B Gardiner General Manager Water & Waste I Lowth General Manager Community & Cultural Services L Kirchner Manager Corporate Performance S Clarke Manager Development Assessment P Boyd Manager Planning Strategies L Phipps Manager Environmental Assessment K Hull Manager Corporate Communications S Anderson Corporate Communications T McPherson Executive Advisor to the Mayor S Godkin Minute Secretary

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PURPOSE OF MEETING To consider the matters listed on the agenda.

CONFIRMATION OF MINUTES OF ORDINARY MEETING 25/09/08 BLAKE / FORSYTH That the Minutes of the Ordinary Meeting held on Thursday, 25 September 2008 be confirmed. carried

CONFIRMATION OF THE REPORT OF THE PLANNING & ENVIRONMENT COMMITTEE MEETING – 16/10/08 LANSKEY / COCHRANE That the Minutes of the Planning and Environment Committee Meeting held on Thursday, 16 October 2008 be confirmed. carried

CONFIRMATION OF THE REPORT OF FINANCE & ADMINISTRATION COMMITTEE MEETING – 23/10/08 BLAKE / COCHRANE That the Minutes of the Finance & Administration Committee held on Thursday, 23 October 2008 be confirmed. carried

CONFIRMATION OF THE REPORT OF SPORTS, ARTS, CULTURE & COMMUNITY SERVICES COMMITTEE MEETING – 23/10/08 COOPER / LEU That the Minutes of the Community & Cultural Committee held on Thursday, 23 October 2008 be confirmed. carried

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CONFIRMATION OF THE REPORT OF THE WORKS & SERVICES COMMITTEE – 23/10/08 COCHRANE / BLAKE That the Minutes of the Works and Services Committee held on Thursday, 23 October 2008 be confirmed. carried

CONFIRMATION OF THE REPORT OF THE WATER & WASTE COMMITTEE – 23/10/08 COCHRANE / PYNE That the reports and recommendations contained in the Minutes of the Water & Waste Committee held on Thursday, 23 October 2008 be confirmed. carried

1. EASTERN YALANJI INDIGENOUS LAND USE AGREEMENT AND FEDERAL COURT DETERMINATION IMPLEMENTATION REPORT.. 1

Linda Kirchner : 19/15/11-01: #1840421 LEU / FORSYTH Council resolve: • That Council officers commence work on the establishment of the Cow Bay

Advisory Board and the associated management plan in accordance with the Indigenous Land Use Agreement (ILUA) requirements.

• That Council officers commence work on other matters as detailed in this report in accordance with the ILUA requirements.

• That Council note the complexity of this matter and the potential, but as yet unquantified, resource implications for Council.

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Furthermore, that Council delegate to the Mayor and Chief Executive Officer, in accordance with Section 472 of the Local Government Act 1993 to negotiate and finalise any and all matters associated with the implementation of the Eastern Yalanji Indigenous Land Use Agreement and Federal Court Determination. carried

2. TRUSTEE LEASE TO OPTUS MOBILE PTY LIMITED OVER PART OF LOT 27 ON SP109010, SHEEHY ROAD, WHITE ROCK FOR THE INSTALLATION OF AN EQUIPMENT CABIN – DIVISION 3 ............ 27

Kylie Richardson: 19/3/3-75: #1840844 PYNE / BLAKE That Council approve the issue of a trustee lease to Optus Mobile Pty Limited (“Optus”) over part (“Premises”) of Lot 27 on SP109010, Sheehy Road, White Rock for the purpose of an equipment cabin, subject but not limited to the following: ‘in-principle’ approval being obtained from the Minister for Natural Resources

and Water; Optus obtaining the necessary consent from Powerlink to the proposed

trustee lease as it relates to the area of Easement ‘A’ in Lot 27 on SP109010 on SP129139, Dealing No. 706016577 (“Easement Area”), and providing Council a copy of such consent;

Optus obtaining the consent of Powerlink and the State of Queensland (if

required) for the co-location of three (3) antennas on the tower located within the Easement Area;

Optus confirming its access requirement to the Premises and obtains any

required approvals; Optus being responsible for all rates and charges, including any costs of

water usage; Optus to pay rental in the sum of $12000.00 plus GST, per annum, with an

annual increase in rental of 4%; the term of the trustee lease to be ten (10) years from a date to be determined,

with two (2) consecutive ten (10) year terms;

Optus being responsible for reasonable costs as negotiated for the preparation negotiation, execution and registration of the trustee lease; and

Council to apply for Ministerial Approval in terms of 492(1)(e) of the Local

Government Act 1993.

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Furthermore, the Mayor and Chief Executive Officer being delegated authority pursuant to section 472 of the Local Government Act 1993 to negotiate and finalise any and all matters associated with the proposed trustee leases, including access. carried

3. APPLICATION TO LEASE AN AREA OF STATE LAND (PART OF MYALL CREEK) ADJACENT TO LOT 1 ON RP742906 AND DESCRIBED AS LOT 1 ON DRAWING TSV2008-32, PARISH OF NOAH, CAPE TRIBULATION ROAD, FOR THE PURPOSE OF ERECTING ELEVATED WALKWAYS AND SUSPENSION BRIDGES. APPLICANTS: WINFRED ANN MASON AND LAWRENCE DARCY MASON – DIVISION 10 .................................................................. 34

Lisa Giacomi : 19/3/3-76 #1860547 LEU / FORSYTH Council advise the Department of Natural Resources and Water that it has no objection to an application to lease an area of State land (Part of Myall Creek) adjacent to Lot 1 on RP742906 and described as Lot 1 on Drawing TSV2008-32, Parish of Noah, Cape Tribulation Road, for the purpose of erecting elevated walkways and suspension bridges subject to; • it being no cost to Council; and • the proposed bridge and elevated walkways being designed and constructed

above a 1 in 20 year flood event such that it rarely provides obstruction to flow.

carried

4. PROPOSED PERMANENT ROAD CLOSURE PART OF CAPE TRIBULATION ROAD, CAPE TRIBULATION – APPLICANT: ENVIRONMENTAL PROTECTION AGENCY (QUEENSLAND PARKS & WILDLIFE SERVICE) – DIV.10 .................................................... 38

Allan Simpson :15/7/1-07: #1838842 LEU / GREGORY That Council advise the Environmental Protection Agency (Queensland National Parks & Wildlife Service) that it has no objection to the proposed permanent closure of part of Cape Tribulation Road, Cape Tribulation as shown on the attached drawing for incorporation into the adjoining National Park (Lot 20 on NPW695) , subject to:

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• it remaining open to the public for low-key recreational activities, access is not restricted to the beach and the public will not be charged for any right of such access, and that this assurance be provided in writing to Council; and

• it being at no cost to Council. Also, Council advise the Department of Natural Resources and Water of its decision. Furthermore, Council delegate authority to the Mayor and Chief Executive Officer in accordance with Section 472 of the Local Government Act 1993 to determine any and all matters associated with the proposed closure of the Cape Tribulation Road, Cape Tribulation by the Environmental Protection Agency (Queensland National Parks and Wildlife Service). carried

5. “BERT’S COTTAGE” 133 O’SHEA’S ESPLANADE, MACHANS BEACH LOCATED WITHIN KEITH EDWICK PARK ON LOT 8, 9 & 10 ON RP 710133 AND LOT 1 ON RP721342 – DIVISION 8........................... 46

Kylie Richardson: 19/3/3-75: #1747080 COCHRANE / BONNEAU That Council consent to the construction of a memorial to commemorate the life of Bert Frederick in the Machans Beach Community, in a location to be determined within part of Keith Edwick Park, (Lot 8, 9 & 10 on RP710133, and Lot 1 on RP721312), subject to: The memorial being located so as not to impact on adjoining premises;

Funds being provided at a future budget review; and

Being in consultation with the Machans Beach community.

Furthermore, the Mayor and Chief Executive Officer being delegated authority pursuant to section 472 of the Local Government Act 1993 to negotiate and finalise any and all matters associated with the matter. carried

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6. ROLLING STATUS REPORT OF OUTSTANDING ITEMS ARISING FROM CAIRNS REGIONAL COUNCIL DEPUTATIONS.................... 52

Linda Kirchner : 1/3/87: 1837344 COOPER / BLAKE 1. That Council note the actions required from the Deputations presented in

July, August and September 2008. 2. That Council note the status of previous deputation matters. 3. That Council note that a status report on outstanding deputations matters

will be provided quarterly to the Ordinary meeting of Council with the next report to be tabled at the January 2009 meeting.

carried

7. DISPENSATION OF FEES – PAWS AND CLAWS ANIMAL CARE CENTRE – PORT DOUGLAS – DIVISION 10 ................................... 60

Julie Wright:18/5/3-44: #1780763v1 LEU / LESINA That Council defer consideration of this item to enable further discussion with the appropriate committee members of the "Homeless Animal Society & Boarding Kennels Inc T/A Paws and Claws Kennels, Port Douglas". carried 8. CAIRNSPLAN AMENDMENT – EDMONTON TOWN CENTRE

LOCATION AND DESIRED DEVELOPMENT OUTCOMES – DIVISION 2 .................................................................................................... 72

Gerard Rosse GR : 8/26/5: #1855481 LANSKEY / GREGORY That Council: A. Advise the Department of Infrastructure and Planning it is proceeding with

the proposed Amendment 2008 No.1 – Edmonton Town Centre Amendment without modification and request that the Minister for Planning advise Council that it may adopt the proposed planning scheme amendment.

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B. Advise the submitter that the submission will be used to inform a future amendment to CairnsPlan.

carried

9. EDMONTON TOWN CENTRE DESIGN WORKSHOP – DIVISION 2.. 76 Debbie Wellington 8/26/18 #1819325 LANSKEY / GREGORY That Council note the report. carried

10. RESPONSE TO DEPARTMENT OF TREASURY, LIQUOR LICENSING DIVISION – APPLICATION FOR A DETACHED BOTTLESHOP – DIVISION 4 .................................................................................... 88

Kelly Barnes: 8/20/6-07: #1856155 LESINA / BLAKE That the applicant and the Department of Treasury Liquor Licensing Division be advised of the following comments and that the reply contain the general safety issues Council has with Licenses. A copy of Council’s report is to be attached: 1. Balaclava Hotel – Detached Bottleshop Council does not object to the application for a Detached Bottleshop for the

Balaclava Hotel located at Shop 127 Earlville Shopping Centre, 483-541 Mulgrave Road, Cairns and described as Lots 2 on RP746717.

Council recommends that the trading hours for the bottleshop correspond

with the opening hours of the Earlville Shopping Centre. carried

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11. PRELIMINARY APPROVAL FOR OPERATIONAL WORKS PLACING ADVERTISING DEVICES ON PREMISES AT 1/56-64 MACROSSAN STREET, PORT DOUGLAS DIVISION 10........................................ 93

L Beaton: 8/7/1348: #1752671 LEU / FORSYTH That Council recommend to the Douglas Development Assessment Panel that the placing of Advertising Signs at Premises on Lot 1 on RP212669 located at 56-64 Macrossan Street, Port Douglas, not be approved. Reasons for change to recommendation: 1. It does not meet the purpose of the Port Douglas and Environs Locality Code. 2. Proposed signage is excessive and out of character for the Port Douglas township. 3. Site is located at the most prominent intersection in Port Douglas (intersection of

Davidson and Macrossan Streets) and proposed signage is not appropriate for the entrance to Port Douglas

carried with Councillors Bonneau, Cochrane, Pyne and Gregory voting against the motion. Cr Cooper left the meeting 10:49 a.m. Cr Cooper returned 10:50 a.m.

12. LOT RECONFIGURATION – (1 LOT INTO 2 LOTS) – 2L GILLIES HIGHWAY GORDONVALE – DIVISION 1 .......................................107

L J Payler : 8/13/1332 :#1761529 GREGORY / BONNEAU That Council approves the Development Application for Reconfiguring a Lot over land described as Lot 2 on SP201315, located at 2L Gillies Highway, Gordonvale, subject to the following: APPROVED DRAWING(S) AND/OR DOCUMENT(S) The term ‘approved drawing(s) and/or document(s)’ or other similar expression means:

Drawing or Document Reference Date Proposed Reconfiguration

08/73 Sheet 1 March 2008

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ASSESSMENT MANAGER CONDITIONS 1. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s) and in accordance with:- a. The specifications, facts and circumstances as set out in the

application submitted to Council; b. The following conditions of approval and the requirements of Council’s

Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval. Timing of Effect 2. The conditions of the Development Permit must be effected prior to approval

and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.

Amendment to Design 3. The development must be amended to accommodate the following changes:

a. The rear boundary of proposed lot 202 must be realigned to coincide with a line 6 metres to the west of the drip line of the riparian vegetation.

Details of the above amendment must be endorsed by the Chief Executive Officer prior to Council being required to endorse a survey plan for the lot reconfiguration.

Water Supply Contributions 4. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of water supply infrastructure.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation the contributions are $4612.48 (1.3 ERAs).

Payment is required prior to approval and dating of the Plan of Survey. Existing Services 5. Written confirmation of the location of existing services for the land must be

provided. In any instance where existing services are contained within another lot, the following applies, either: a. Relocate the services to comply with this requirement; or

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b. Arrange registration of necessary easements over services located within another lot prior to or in conjunction with submission of the Plan of Survey creating the lot.

Lawful Point of Discharge 6. All external stormwater from the property must be directed to a lawful point

of discharge such that it does not adversely affect surrounding properties or properties downstream from the development to the requirements and satisfaction of the Chief Executive Officer.

On-site Effluent Disposal 7. The method of on-site effluent disposal must be in accordance with the

Queensland Plumbing & Wastewater Code. Details of the wastewater treatment system to be installed must be approved by the Chief Executive Officer prior to approval and dating of the Plan of Survey.

Electricity and Telecommunications 8. Written evidence of negotiations with Ergon Energy and the

telecommunication authority must be submitted to Council stating that both an underground electricity supply and telecommunications service will be provided to the development prior to approval and dating of the Plan of Survey.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrence Agency Concurrence Agency

Reference

Date Council Electronic Reference

Department of Natural Resources & Water

IC0508TSV0069 24 September 2008 1842104

Environmental Protection Agency

325452 2 July 2008 1744665

Department of Main Roads

214/642/102(3468) 28 May 2008 1718226

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions/requirements may be superseded by subsequent negotiations with the relevant referral agency). FURTHER ADVICE 1. This approval, granted under the provisions of the Integrated Planning Act

1997, shall lapse four (4) years from the day approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

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2. All building site managers must take all action necessary to ensure building materials and/or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all

relevant Local Laws and statutory requirements. 4. For information relating to the Integrated Planning Act 1997 log on to

www.ipa.qld.gov.au. To access the FNQROC Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

Reasons for change to recommendation: 1. The lot size created by this proposed development does not comply with the code,

however the site has more in common with the surrounding land use, ie residential. It is separated from the balance of the lot by a substantial belt of vegetation, and by a significant change in elevation.

2. The lot created by the proposed development is already isolated by the terrain,

and the "fragmentation" of GQAL has already occurred. Surrounding conflicting land uses make this small parcel of land extremely difficult to be used in accordance with the code.

3. The topography has already fragmented the primary production area, to the point

where the current primary production activity is becoming unviable and untenable, due to conflicting neighbouring land uses (residential).

4. The existing surrounding land uses, plus the isolation of the site from the balance

of the lot which has Rural land use codes imposed upon it, suggests the site should be contained in the urban land use area. The topographical feature of the high flow bank of the Mulgrave River, appears to be the logical separating feature of the two land uses. Council has already supported this view when the use of the high flow bank was identified in a submission to the State's Regional Plan slightly to the east of this site, objecting to the urban footprint of Gordonvale.

carried with Councillor Forsyth voting against the motion

13. COMBINED APPLICATION - INDOOR SPORT & ENTERTAINMENT (INDOOR COURTS & GYMNASIUM), RESTAURANT & TAVERN – LOT 703 LARSEN ROAD REDLYNCH – DIVISION 6 ......................123

N Beck : 8/30/95 #1862349 COOPER / COCHRANE That Council approve the combined development application for Indoor Sport & Entertainment (Indoor Courts and Gymnasium), Restaurants & Tavern and Reconfiguring a Lot (1 lot into 3 Lots) over land described as Lot 703 on SP198010, located at Larsen Road Redlynch, subject to the following:

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MATERIAL CHANGE OF USE APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Site Plan DA03 – Revision

A February 2007

Floor Plan & Elevations (Tavern & Liquor Barn)

SK.1.01 17 July 2007

Floor Plan (Indoor Courts & Gymnasium)

SK–01 3 December 2007

Location Plan (Restaurant) 08-RL-DA1 23 May 2008 Site Plan (Restaurant) 08-RL-DA2 23 May 2008 Floor Plan (Restaurant) 08-RL-DA3 23 May 2008 Elevations (Restaurant) 08-RL-DA4 23 May 2008 Elevations (Restaurant) 08-RL-DA5 23 May 2008 Note - The Elevations shown on Plan Ref SK-02 dated 3 December 2008 & Plan Ref SK.1.01 for the Indoor Courts and Gymnasium and the Tavern & Liquor Barn respectively are not approved. ASSESSMENT MANAGER CONDITIONS 1. The applicant/owner must at all times during development of the subject

land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

a. The plans, specifications, facts and circumstances as set out in the

application submitted to Council; b. To ensure that the development complies in all respects with the

following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual; and

Except where modified by these conditions of approval. Timing of Effect 2. The conditions of the Development Permit must be effected prior to

Commencement of Use, except where specified otherwise in these conditions of approval.

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Amendment to Design 3. The development must be amended to accommodate the following changes: a. Provide a 6 metre setback for all buildings adjacent Redlynch

Connector Road; b. Provision of trees and garden beds for every eight (8) car parking

spaces to provide for shading of the parking spaces, particularly those spaces not adjoining the landscaped setbacks. Landscaping is also required to soften hardstand areas;

c. Provision of a pedestrian refuge for the crossing of the internal road for

pedestrians using the footpath in Larsen Road; d. Provide a pedestrian network plan detailing how the development will

accommodate persons who walk and cycle to the site and how the development accommodates pedestrian movements internally. The use of existing footpaths within the adjacent park is anticipated in conjunction with designated entry points / pathways into the development.

e. In the vicinity of the bus stop on Larsen Road, investigate the

opportunity to:- Either provide for safe movements for pedestrians across Larsen Road; or, Provide a design solution which will discourages pedestrian

movements across Larsen Road. f. Bicycle spaces in accordance with conditions of approval.

g. Double lane queuing for the drive-in associated with fast food

restaurant is not approved. The queuing is to be via single lane access and the external speaker is to be moved accordingly so that cars do no back up into the general circulation aisles in the car park;

h. The Elevations shown on Plan Ref SK-02 for the Indoor Courts and

Gymnasium are not approved. Amended elevations are to be submitted for Council’s endorsement that clearly demonstrate: i) a mix of suitable materials of construction which achieves visual

interest; ii) suitable colours and textures; iii) an indication of any proposed signage (if any); and iv) incorporation of anti-graffiti surfaces;

i. The Elevations shown on Plan Ref SK.1.01 for the for the Tavern &

Liquor Barn are not approved. Amended elevations are to be submitted for Council’s endorsement that clearly demonstrate:

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i) a mix of materials of construction which achieves visual interest; ii) suitable colours and textures that foster a sense of human scale in

order to break down the “overscaled” tilt slab panel construction currently proposed;

iii) incorporation of elements such as awnings and shade structures to

provide for practical weather protection; iv) an indication of signage; and v) incorporation of anti graffiti surfaces.

j. No advertising signage details shown on the plans are approved. Drawings are to submitted to Council showing the proposed signage for each element of the development. All proposed signage is to be a sub-ordinate component to the built form. In this regard and pylon signage will be limited to a maximum height of 4 metres above ground level.

Details of the above amendments must be endorsed by the Chief Executive

Officer prior to issue of a Development Permit for Building Work. Operational Works 4. An Operational Works Approval is required for drainage, water and sewer

and the construction of car parking areas listed in conditions of approval. Such works must be completed to the satisfaction of the Chief Executive Officer prior to Commencement of Use. Where plans are required, three (3) A1 size copies of the plans and one copy at A3 size must be submitted to Council.



Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $110,722.44 (30.12 ERAs).

Payment is required prior to the issue of a Development Permit for Building

Work. Wastewater Contributions 6. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of sewerage infrastructure.

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Work. Stormwater Quality 7. Pay a monetary contribution to Council in accordance with Council’s Trunk

Infrastructure Contributions Policy towards the improving Stormwater Quality.

Contributions must be paid at the rates applicable at time of payment. On

the present method of calculation, the contributions are $17,780.00 for Stormwater Quality.


Work. Public Art Contribution 8. Pay a monetary contribution to Council in accordance with Council’s

General Policy – Public Art towards the provision of Public Art within the community.


the present method of calculation, the contributions are $2,500.00. Payment is required prior to the issue of a Development Permit for Building

Work. Water and Sewerage Works 9. The applicant/owner must undertake the following water supply and

sewerage works internal to the subject land, in particular:-

a. The land must be connected to Council’s water supply by a single metered connection off Larsen Road.

b. Provide a single internal sewer Property Connection Branch (PCB) to

service the development. c. The internal plumbing and drainage works shown on drawings 07-016-

SK03-04 and 05 will be subject to approval under a separate plumbing application.

All works must be designed and constructed in accordance with the FNQROC Development Manual. Easements must be registered prior to commencement of use or approval and dating of the Building Unit Plan

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whichever occurs first. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use.

10. In the event that any part of Council’s existing sewer/water infrastructure is

damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developers cost, prior to Commencement of Use.

11. The applicant/owner must carry out CCTV inspections of all Council owned

sewers on site both prior to the commencement of construction and after project completion. Council must assess the condition of the sewers as shown on the CCTV records and any identified defects are to be rectified at the applicant/owner's expense, to the satisfaction of the Chief Executive Officer, prior to Commencement of Use.

Drainage Study of Site 12. The applicant/owner must undertake a local drainage study on the subject

land to determine the drainage effects on upstream and downstream properties and the mitigation measures required to minimise such effects. In particular, the study must address the following:

a. Primary and secondary flow paths for the 2, 5, and 100 year ARI flood

events pre and post development which demonstrates the development will not impact on upstream or downstream properties. Supporting calculations must also be provided;

b. Identify the drainage infrastructure required to accommodate flows; c. Identify the lawful point of discharge and detail necessary works

required at outlet points; d. Identify any requirement for drainage easements and necessary widths

having regard to the approved reconfiguration of the site; e. Information on the proposed works.

The drainage study must be endorsed by the Council's Chief Executive

Officer prior to the issue of a Development Permit for Operational Works.

Water Saving 13. All toilet devices in the development must be fitted with dual flush cisterns

and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

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Vehicle Parking 14. The amount of vehicle parking must be as specified in Council's Planning

Scheme which is a minimum of 215 spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities - off street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Protection of Landscaped Areas From Parking 15. Landscaped areas adjoining the parking area must be protected by a 150mm

high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles.

Bicycle Parking 16. Provide secured, on-site bicycle parking in accordance with Table 10-1 of

AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum number of parking spaces required for this development is:

* 8 spaces for the Restaurants * 12 spaces for the Tavern & Liquor Barn * 30 spaces for the Indoor Sport & Entertainment

Details of the above amendments must be endorsed by the Chief Executive

Officer prior to issue of a Development Permit for Building Work. Lighting 17. All lighting installed upon the premises including car parking areas must

be certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

External Works 18. Undertake the following works external to the land at no cost to Council:

a. Construct a 2.0 metre wide concrete footpath from the existing footpath in Larsen Road to connect with the existing footpath in Redlynch Connector Road in accordance with FNQROC Development Manual Standard Drawing 1035. Kerb ramps must be fitted with Tactile Ground Surface Indicators in accordance with Australian Standard AS1428.4: 2002 Design for Access and Mobility Part 4: Tactile Indicators.

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b. Repair any damage to existing kerb and channel, footway or roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development.

All works in the road reserve need to be properly separated from pedestrians and vehicles, with any diversions adequately signed and guarded. Particular attention must be given to providing safe passage for people with disabilities i.e. the provision of temporary kerb ramps if pedestrian diversions are necessary.

The external works outlined above require approval from Council in accordance with Local Law 22 – (Activities on Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Acoustic Report 19. It must be demonstrated that the development will not impact on the nearby

residential properties to the satisfaction of the Chief Executive Officer. Confirmation of the recommended acoustic treatments to the building in accordance with the Acoustic Report prepared by Ron Rumble dated 12 June 2008 or alternative treatments as endorsed by an Acoustical Engineer must be submitted to Council.

One of the recommended treatments to construct a noise attenuation barrier at the northern end of the building as detailed in the noise report is not permitted.

Confirmation of the acoustic treatments and / or modification of the building must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.

Above Ground Transformer Cubicles/ Electrical Sub-Stations 20. Above ground transformer cubicles and/or electrical sub-stations are to be

positioned so that they do not detract from the appearance of the streetscape or internally within the development. Such devices must be clear of footpath areas. Sub-stations must be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building. Details of the electrical sub-station positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

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Drainage Easements 21. Drainage Easement/s must be created in favour of the allotment/s it serves

to ensure the lawful point of discharge for the stormwater system installed as part of the development of the land approved by Development Permit 8/30/95. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Natural Resources and Water in conjunction with the Plan of Survey.

Construction Access 22. Vehicular access to the site for construction and demolition purposes must

be provided from Larsen Road only, unless authorised by the Chief Executive Officer.

Storage of Machinery & Plant 23. The storage of any machinery, material and vehicles must not cause a

nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Landscaping Plan 24. The site must be landscaped in accordance with details included on a

Landscaping Plan. The Landscaping Plan must show: a. Deep planting of setback areas with particular reference to the 6 metre

setback from Redlynch Connector Road; b. Planting of the footpath with trees, using appropriate species with

regard to any site constraints; c. Provide a hierarchy of planting, which includes shade trees, shrubs and

groundcovers; d. Protection of landscaped areas adjoining parking areas from vehicular

encroachment by a 150mm high vertical concrete kerb or similar obstruction;

e. Inclusion of any other relevant conditions included in this Development

Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be

endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of

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Use whichever occurs. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Lawful Point of Discharge 25. All stormwater from the property must 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.

Minimum Fill and Floor Levels 26. All floor levels in all buildings must have Q100 flood immunity in

accordance with FNQROC Development Manual and Planning Scheme requirements.

Sediment and Erosion Control 27. Soil and water management measures must be installed/implemented prior

to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Street Fencing 28. Prior to the issue of a Development Permit for Building Work, a plan

detailing the fencing to be erected for the entire site must be provided. The Fencing Plan may be incorporated into the Landscaping Plan. The plan must demonstrate the following principles:

a. Solid screen fencing is only permitted to screen servicing areas within

the development; b. Fencing is required to prevent pedestrian access to the site from

Redlynch Connector Road. Such fencing is to be pool style fencing or similar that will permit a high degree of casual surveillance into and out of the site;

c. The fencing is to be located along the boundary of Redlynch Connector

Road for the 6 metre wide landscape strip along Redlynch Connector Road as required by Condition 3a.; and

d. Any other fencing (if proposed) shall be pool style fencing or similar that

will permit a high degree of casual surveillance into and out of the site. Details of the fencing plan must be approved by the Chief Executive prior to

commencement of the first stage of the development.

22


Refuse Storage 29. Refuse storage is required to service the site in accordance with Council

requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.

30. The refuse bin enclosure must be roofed and bunded and fitted with a

bucket trap. Liquid Waste Disposal 31. Trade waste discharge to sewer must meet the requirements of CRC Water

and Waste’s Trade Waste Environmental Management Plan (TWEMP).

A report demonstrating that the facility complies with the TWEMP must be submitted to and be approved by Council prior to the issue of a Development Permit for Building Work.

The applicant must have all measures for pre-treatment installed prior to commencement of use.

Air-conditioning Screens 32. Air conditioning units located above ground level and visible from external

properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

Details Of Development Signage 33. The development must provide clear and legible signage incorporating the

street number for the benefit of the public. Advertising Signage 34. Signs on the subject land must conform with Council's Local Law No. 28

(Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer.

Health 35. Premises intended to be used for the storage, preparation, handling,

packing and/or service of food must comply with the requirements of the Food Act 2006 and the Food Standards Code.

36. Prior to construction or alteration of any premises used for storage,

preparation, handling, packing and/or service of food, application for such must be made with Council’s Public Health Unit.

37. An application for the construction or alteration of any food premises must

be accompanied by two copies of plans drawn to a scale not smaller than 1:100. Such plans are to include details of ventilation (including

23


mechanical exhaust ventilation systems), finishes to walls, floors and ceilings, details of the proposed layout and materials to be used in the construction of all fixtures, fittings and equipment. The plans should include detailed cross sections of all areas to be included in the construction or alteration. All works must be carried out in accordance with the requirements of the Food Act 2006, Food Safety Standards and AS 4674 – 2004 – Design, construction and fit-out of food premises.

38. Prior to operation of the food business, the operator must hold a current

Food Licence issued by Councils Public Health Unit under the Food Act 2006. Every licensed food business is required to have a Food Safety Supervisor who has met specified competencies and is reasonably available at all times the business is operating. Contact the Council’s Public Health Unit for further information.

Noise 39. Noise from air conditioning units, swimming and spa 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 - Environmental Nuisance).

Crime Prevention Through Environmental Design 40. The applicant/owner must ensure that all lighting and landscaping

requirements complies with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

Staging of Development 41. The Indoor Sport & Entertainment (Indoor Courts and Gymnasium) is to

form part of Stage 1 of the proposed development. The proposed Restaurants and/or Tavern land uses may not commence prior to completion of the Indoor Sport & Entertainment (Indoor Courts and Gymnasium) land use.

RECONFIGURING A LOT (1 LOT INTO 3 LOTS) APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Plan of Reconfiguration 30508/191B 27 August 2007

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ASSESSMENT MANAGER CONDITIONS 1. The applicant/owner must at all times during development of the subject





Except where modified by these conditions of approval. Timing of Effect 2. The conditions of the Development Permit must be effected prior to approval

and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.

The Plan of Survey must only be endorsed following the completion of all

civil works associated with the provision of drainage, water supply and sewer infrastructure for each allotment.

Amendment to Design 3. The development must be amended to accommodate the following changes: a. Amend the layout of the proposed allotments to reflect the changes

necessary to comply with conditions of approval for the Material Change of Use being Development Permit 8/30/95.

b. Realign the boundaries of allotments to coincide with car parking

spaces. Each allotment must contain the car parking spaces necessary for each respective development.

An amended plan incorporating the above requirements must be submitted to the satisfaction of the Chief Executive Officer prior to approval and dating of the Plan of Survey.




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Payment is required prior to approval and dating of the Survey Plan. Wastewater Contributions 5. Pay a monetary contribution to Council in accordance with the Planning


Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $8,279.10 (2 ERAs).

Payment is required prior to approval and dating of the Survey Plan. Stormwater Quality 6. Pay a monetary contribution to Council in accordance with Council’s Trunk

Infrastructure Contributions Policy towards the improving Stormwater Quality.


the present method of calculation, the contributions are $8,890.47 for Stormwater Quality.

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

Water and Sewerage Works 7. The applicant/owner must undertake the following water supply and

sewerage works internal to the subject land, in particular:-

a. All lots must be serviced by private internal water mains constructed in the reciprocal easements over proposed Lots 1 and 2.

b. Provide a single internal sewer Property Connection Branch (PCB) to

service each lot. All works must be designed and constructed in accordance with the FNQROC Development Manual prior to approval and dating of the Survey Plan.

Sewer Easement 8. Create an easement in favour of Council having a nominal width of 3 metres

over the existing 225 diameter sewer within the site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval by Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Natural Resources and Water in conjunction with the Plan of Survey.

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9. No works shall be carried out on or connections made to existing water supply or sewerage infrastructure without the prior written approval of Water & Waste.

10. In the event that any part of Council’s existing sewer/water infrastructure is

damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developers cost, prior to approval and dating of the Survey Plan.

11. The applicant/owner must carry out CCTV inspections of all Council owned

sewers on site both prior to the commencement of construction and after project completion. Council must assess the condition of the sewers as shown on the CCTV records and any identified defects are to be rectified at the applicant/owner's expense, to the satisfaction of the Chief Executive Officer, prior to approval and dating of the Survey Plan.

Lawful Point of Discharge 12. All stormwater from the property must 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.

Access Easement/s 13. Create a reciprocal access easements over Lots 1 & 2 to allow vehicle

access and on-site manoeuvring to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council. The approved easement documents must be lodged and registered with the Department of Natural Resources and Water prior to approval and dating of the Survey Plan.

Services Easement/s 14. Create a Service Easements to the extent necessary to the requirements and

satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Natural Resources and Water in conjunction with the Plan of Survey.

Drainage Easements 15. Drainage Easement/s must be created in favour of the allotment/s it serves

to ensure the lawful point of discharge for the stormwater system installed as part of the development of the land approved by Development Permit

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8/30/95. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Natural Resources and Water in conjunction with the Plan of Survey.

Sewer Easement 16. Create an easement in favour of Council having a nominal width of 3 metres

over the existing 225 diameter sewer within the site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval by Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Natural Resources and Water in conjunction with the Plan of Survey.

ADVICE 1. This approval, granted under the provisions of the Integrated Planning Act

1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

2. All building site managers must take all action necessary to ensure building

materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with relevant Local Laws and statutory requirements. 4. For information relating to the Integrated Planning Act 1997 log on to

www.ipa.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

5. Headwork contribution calculations are attached as Appendix 3. Please note

that the contributions must be paid at the rates applicable at the time of payment. Updated calculations must be requested prior to payment.

6. This approval is a Development Permit for both Restaurants as detailed on

approved plans. A request for a Minor Change to a Development Approval must be submitted to Council for any alterations proposed to the premises to locate on the corner of Larsen Road and the internal access road.

Reasons for change to recommendation: 1) Enhance the appearance of the tavern / drive in bottle shop elevations;

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2) Futsal Court to be constructed as Stage 1 of the development or as part of Stage 1 to ensure that it is incorporated up front as part of the overall development concept.

3) Increase the number of bicycle spaces for the Futsal courts from 20 to 30 to encourage children to cycle to the facility.

carried

14. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - TELECOMMUNICATIONS FACILITY – 1, 3 & 5 ELFORD STREET, CLIFTON BEACH – DIVISION 10...................................................160

S M Cook : 8/8/961 : #1825627 LEU / BONNEAU That Council refuse the development application for Material Change of Use for Telecommunications Facility over land described as Lot 26 RP725467, Lot 27 RP725467 and Lot 12 RP727502, located at 1, 3 and 5 Elford Street, Clifton Beach, on the following grounds: 1. The proposed development does not comply with the requirements of the

Residential 1 Planning Area Code in as much as it does not: ● maintain or enhance the residential amenity and character of the

residential neighbourhood; ● the scale of the development is inconsistent with the existing form of

development. 2. The proposed development does not comply with the requirements of the

Telecommunications Facilities Land Use Code in as much as; ● the telecommunication facility is not located so as to minimise its

impact on the landscape or townscape; ● the telecommunications facility is not sited and designed such that it is

visually integrated as much as possible with the landscape or townscape so as not to be visually obtrusive.

3. The proposed development compromises the achievement of the Desired

Environmental Outcomes (DEO’s), specifically DEO 2.2.5, The Scenic Landscape.

4. Insufficient justification is provided to override the conflict with the Planning

Scheme. carried

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15. MATERIAL CHANGE OF USE FOR MODIFICATIONS TO TOURIST RESORT (BUSINESS FACILITIES & SHOPPING FACILITIES) –1-21 ANDERSON ROAD WOREE – DIVISION 3......................................182

G Warner : 8/8/1010 : #1833965 PYNE / LEU That Council approve the development application for modifications to part of a Tourist Resort for Business Facilities & Shopping Facilities over land and buildings described as Lot 99 BUP 100437, located at 1-21 Anderson Road, Woree, subject to the following: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Site Plan & Elevation JB Design Pty Ltd Plan

08010 – 01B April 08

Existing Floor Plan JB Design Pty Ltd Plan 08010 – 02B

April 08

Proposed floor Plan JB Design Pty Ltd Plan 08010 – 02B

April 08

ASSESSMENT MANAGER CONDITIONS 1. The applicant/owner must at all times during development of the subject







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Car Parking Layout 3. The parking layout must comply with the Australian Standard AS2890.1 2004

Parking Facilities - off street car parking and CairnsPlan, in particular: a. Parking spaces adjacent to columns and walls must have a minimum

unobstructed clear width as determined by AS2890.1; b. The driveway serving the parking area must include a physical means of

speed control at the exit point; c. Provision must be made for loading/unloading of vehicles; d. All parking must be clearly line - marked; e. Manoeuvring space must be provided to enable all vehicles to enter and

exit the site in forward gear (including refuse and service/delivery vehicles);

f. The parking area must be set back a minimum of 3 metres from the

front property boundary. The above requirements must be met prior to the commencement of use. Parking Signage 4. Erect signs advising of the location of the off-street visitor parking area and

access thereto. The signs must be erected prior to Commencement of Use. One sign must be located on the Anderson Road frontage.

Bicycle Parking 5. Provide secured, on-site bicycle parking in accordance with Table 10-1 of

AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum number of parking spaces required for this development is 6 spaces. The bicycle parking area must be constructed prior to Commencement of Use.

Landscaping 6. The existing landscaping must be maintained and enhanced on a regular

basis. Protection of Landscaped Areas from Parking 7. Landscaped areas adjoining the parking area must be protected by a 150mm

high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles.

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Air-conditioning Screens 8. Air conditioning units located above ground level and visible from external

properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

Lighting 9. All lighting installed upon the premises including car parking areas must be

certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

Details Of Development Signage 10. The development must provide clear and legible signage incorporating the

street number for the benefit of the public. Advertising Signage 11. Signs on the subject land must conform with Council's Local Law No. 28

(Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer.

Damage to Infrastructure 12. In the event that any part of Council’s existing sewer/water infrastructure is

damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Cairns Water immediately of the affected infrastructure and have it repaired or replaced by Cairns Water, at the developers cost, prior to the Commencement of Use.

Water Saving 13. All toilet devices in the development must be fitted with dual flush cisterns

and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

Refuse Storage 14. Refuse storage is required to service the site in accordance with Council

requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.

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Liquid Waste Disposal 15. Trade waste discharge to sewer must meet the requirements of CRC Water

and Waste’s Trade Waste Environmental Management Plan (TWEMP). Crime Prevention Through Environmental Design 16. The applicant/owner must ensure that all lighting and landscaping


Health requirements 17. Premises intended to be used for the storage, preparation, handling,

packing and/or service of food must comply with the requirements of the Food Act 2006 and the Food Standards Code.

18. Prior to construction or alteration of any premises used for storage,

preparation, handling, packing and/or service of food, application for such must be made with Council’s Public Health Unit.

19. An application for the construction or alteration of any food premises must

be accompanied by two copies of plans drawn to a scale not smaller than 1:100. Such plans are to include details of ventilation (including mechanical exhaust ventilation systems), finishes to walls, floors and ceilings, details of the proposed layout and materials to be used in the construction of all fixtures, fittings and equipment. The plans should include detailed cross sections of all areas to be included in the construction or alteration. All works must be carried out in accordance with the requirements of the Food Act 2006, Food Safety Standards and AS 4674 – 2004 – Design, construction and fit-out of food premises.

20. Prior to operation of the food business, the operator must hold a current

Food Licence issued by Councils Public Health Unit under the Food Act 2006. Every licensed food business is required to have a Food Safety Supervisor who has met specified competencies and is reasonably available at all times the business is operating. Contact the Council’s Public Health Unit for further information.

Footpath 21. Extend the 2.0 metre cement pathway along the Bruce Highway frontage for

the length of the boundary.

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CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference


Dept Main Roads 214/10P/102(2293.02) 7 August 2008 1794281 Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). ADVICE 1. This approval, granted under the provisions of the Integrated Planning Act



materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all other

relevant Local Laws and other statutory requirements. 4. Headwork contribution calculations are attached as Appendix 3. Please note

that the contributions must be paid at the rates applicable at the time of payment. Updated calculations must be requested prior to payment.

5. For information relating to the Integrated Planning Act 1997 log on to


carried

16. WITHOUT PREJUDICE CONSIDERATION OF RESOLUTION OF PLANNING AND ENVIRONMENT COURT APPEAL FOR LOT RECONFIGURATION (1 LOT INTO 2 LOTS) – 21-29 WHITFIELD STREET, AEROGLEN – DIVISION 8 ..............................................200

P Cohen : 8/35/58 : #1864103 BONNEAU / BLAKE A. That Council instruct its solicitors to negotiate resolution of Planning &

Environment Court Appeal 148 of 2008, with the following conditions:

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ASSESSMENT MANAGER CONDITIONS 1. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:- a. The specifications, facts and circumstances as set out in the




approval and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.

Water Supply and Wastewater Contributions 3. Pay a monetary contribution to Council in accordance with Council’s

Trunk Infrastructure Contributions Policy towards the provision of water supply and sewerage infrastructure.

Contributions must be paid at the rates applicable at time of payment.

On the present method of calculation, estimated total contributions are $5,865.31 (1.30 ERAs) for water, and $2,783.42 (1.0 ERAs) for sewerage.

Payment is required prior to approval and dating of the Plan of Survey. Road Network Contributions 4. Pay a monetary contribution to Council in accordance with Council’s

Trunk Infrastructure Contributions Policy towards the provision and upgrading of the road network.


On the present method of calculation, estimated total contributions are $961.04 (1.0 ERAs).

Payment is required prior to approval and dating of the Plan of Survey. Community Purpose Infrastructure Contributions 5. Pay a monetary contribution to Council in accordance with Council’s

Trunk Infrastructure Contributions Policy towards the provision of Community Purpose Infrastructure.

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The contribution must be paid at 10% of the unimproved capital value of the subject land applicable at the time of payment. On the present method of calculation, the estimated total parkland contribution is $993.06.

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

Stormwater Quality

6. Pay a monetary contribution to Council in accordance with Council’s

Trunk Infrastructure Contributions Policy towards the improving Stormwater Quality.


the present method of calculation, estimated total contributions are $5,968.74 for Stormwater Quality.

Payment is required prior to approval and dating of the Plan of Survey. Water Supply and Sewerage Works

7. The applicant/owner must undertake water supply and sewerage works to connect the subject land to Council’s existing water supply and sewerage infrastructure, in particular:-

a. Extend the sewer from the existing manhole (M10/10) in Sexton

Street to a new manhole in the front of the development site. Provide PCB’s from the new manhole to service each lot.

b. House drains must be extended to the building platform/envelope

for each lot. c. Provide water mains such that each lot may be provided with a

single water service connection to the lot frontage. d. The water service for Lot 2 must be constructed within the

driveway to a point that is 1.0m minimum into the main body of the lot.

e. External water mains must be augmented/upgraded if required to

achieve minimum pressure at the house pad. All works must be designed and constructed in accordance with the

FNQROC Development Manual. All works must be carried out in accordance with the approved plans, to

the requirements and satisfaction of the Chief Executive Officer prior to approval and dating of the survey plans for each respective stage.

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8. In the event that any part of Council’s existing sewer/water infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Cairns Water immediately of the affected infrastructure and have it repaired or replaced by Cairns Water, at the developers cost, prior to the commencement of use.

General External Works

9. Undertake the following external works:- a. Construct a driveway from the intersection of Whitfield Street and

Sexton Street to the site; b. Streetlights as appropriate; c. Retention of all vegetation within the Road Reserve. All works must be designed and constructed in accordance with the

FNQROC Development Manual. Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be submitted to Council and be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Operation Works. Such work must be constructed in accordance with the endorsed plan prior to the approval and dating of the Plan of Survey.

Access for Lots 10. Construct a concrete driveway or other approved surface to the

nominated building envelopes as generally detailed on Drawing No. CFP7006 Revision A prepared by Sinclair Knight Mertz unless otherwise amended by the Development Permit for Operational Works. Once constructed, cut and fill batters must be stabilised and revegetated.

All works must be carried out in accordance with the approved plans

and must be to the requirements and satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

Access Easement 11. Create an access easement to allow vehicle access and on-site

manoeuvring for both properties, to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council. The easement documents must be lodged and registered in the Department of Natural Resources and Water in conjunction with the Plan of Survey.

37


Geotechnical Report 12. A geotechnical assessment must be carried out by a qualified and

experienced geotechnical consultant for each building envelope. The preliminary geotechnical reports are to be lodged with the application for a Development Permit for Operational Works, with a final geotechnical report endorsed by the Chief Executive Officer prior to approval and dating of the Plan of Survey.

Hillslopes Colours - Structures 13. The colour and materials of any proposed structures necessary for

geotechnical stability of the site (as referred to in ETS Geotechnical and Materials Testing report No. TE07-197) must be non-reflective and must blend with the natural colours of the surrounding environment. Details of the proposed building materials and colour scheme for such structures must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. Such works must be constructed in accordance with the endorsed materials and colours prior to the approval and dating of the Plan of Survey.

Landscape Plan 14. Undertake landscaping of the site and street frontages of new roads in

accordance with FNQROC Development Manual and in accordance with a landscape plan. The landscape plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Work. In particular, the plan must show:

a. The revegetation of cut and fill batters; b. Planting of a vegetation screen in front of the retaining structures

and particularly the catchwall identified by ETS Geotechnical and Materials Testing report No. TE07-197.

c. Remediation and revegetation works to be undertaken within the

drainage line where works have occurred; d. Inclusion of all requirements as detailed in other relevant

conditions included in this Approval, with a copy of this Development Approval to be given to the applicant’s Landscape Architect/Designer.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be

endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. Areas to be landscaped must be established prior to approval and dating of the Plan of Survey and must be maintained for the duration of the on-maintenance period to the satisfaction of the Chief Executive Officer.

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Screen Fencing 15. A screen fence must be provided to the common boundaries of the

adjoining land, where adjacent to the driveway, to the satisfaction of the Chief Executive Officer. The fencing must be consistent in terms of design and materials with other fences in the locality, or as otherwise agreed to in writing by the adjoining land owners. The fencing must be completed prior to the approval and dating of the of the Plan of Survey.

Vegetation Retention 16. Provide a plan identifying all vegetation with a minimum diameter of

300mm, measured at 1.5 metres above the natural ground, within 6 metres of the proposed works associated with the driveway. The plan shall identify whether the vegetation is to be removed or retained, as well as identify alternative construction techniques that shall be implemented to ensure the retention and survival of the vegetation adjacent to the driveway.

Three (3) copies of a plan of the works at A1 size and one (1) copy at A3

size must be submitted to Council and be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Operation Works. Such work must be constructed in accordance with the endorsed plan prior to the approval and dating of the Plan of Survey.

17. Existing vegetation on the subject land must be retained in all areas

except those affected by construction of roadworks/access driveways and/or installation of services as detailed on the approved plans as stated in this approval. Any further clearing requires an Operational Works Approval.

Vegetation to be retained is to be identified and adequately fenced off for protection purposes prior to construction work commencing on the site.

Buffer Around Vegetation 18. A minimum 2 metre wide buffer shall be provided around the vegetation

to be retained. This buffer must consist of suitable fencing to ensure that machinery, equipment or construction materials are not stored or used within this area.

This buffer is to be established prior to the commencement of any

works on the site and must be maintained at all times for the duration of the construction to the satisfaction of the Chief Executive Officer.

Council’s City Assessment Branch is to inspect the buffer prior to

machinery, equipment or construction materials being delivered to the site.

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Wildlife

19. Prior to removal of any tree, an inspection must be carried out for any

signs of protected wildlife including nests and animal habitat. Should any recent wildlife activity be identified, removal of the tree must not occur until the animal has vacated the area of immediate danger. If the animal does not move from the area of danger, the Queensland Parks and Wildlife Services must be contacted for advice. Important habitat trees should be retained wherever possible.

Notification of Vegetation Clearing

20. Council’s City Assessment Branch must be notified two days prior to

the proposed date of commencement of any approved vegetation clearing to facilitate community awareness of such works.

Lawful Point of Discharge 21. All external stormwater from the property must be directed to a lawful

point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development to the requirements and satisfaction of the Chief Executive Officer.

Drainage Study of Site 22. Undertake a local drainage study on the subject land to determine

drainage impacts on downstream properties and the mitigation measures required to minimise such impacts.

In particular, the post-development discharge of stormwater from the

subject site must have no worsening effect on the drainage of upstream or downstream properties. Captured water must be piped to Whitfield Street and not directed to the kerb of the internal driveway.

The study must also identify the need and location of any drainage

easements to convey stormwater to the lawful point of discharge. The drainage study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Drainage Easements (General Drains) 23. Easement(s) for drainage purposes, having a minimum width as

identified in the Local Drainage Study must be granted in favour of Council. The easement documents must be prepared by Council's solicitors at no cost to Council. The easement documents must be lodged and registered in the Department of Natural Resources and Water in conjunction with the Plan of Survey.

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Sediment and Erosion Control 24. A sediment and erosion control plan must be submitted prior the issue

of a Development Permit for Operational Works. Such plans must be installed/implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Building Envelope Plan 25. A building envelope plan for Lots 1 and 2 must be lodged with Council

prior to the approval and dating of the Plan of Survey. The building envelope plan must comply with the following requirements:

a. The building envelope must be pegged on site to the requirements

and satisfaction of the Chief Executive Officer; b. The building envelope must sited such that a buffer of vegetation

is situated between the adjoining premises and the building envelope;

c. A suitable building envelope, which seeks to exclude all or most

significant vegetation, must be identified for each new allotment. The vegetation which is approved to be cleared must be removed prior to the approval and dating of the Plan of Survey;

d. The building envelope for proposed Lot 2 must be designed such

that a 6 metre clearance of vegetation between an appropriate house location and the perimeter of building envelope for an internal firebreak to ensure no need of external firebreaks is necessary.

e. The building envelopes must be fenced and gated with materials

appropriate for the natural characteristics of the area to ensure domestic animals cannot access the Mount Whitfield Conservation Park.

f. No building envelope shall extend into an existing or proposed

easement. g. No building envelope shall contain slopes in excess of 1:3; h. Building envelopes must be of located to accommodate any

necessary set-backs from drainage paths; i. The building envelope plan must show the actual edge of the

existing drainage path.

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The applicant/owner must also ensure that the endorsed building envelope plans are made known to all prospective purchasers of the lots.

Proposed clearing on these lots is to be nominated on the engineering

drawings submitted for Operational Works approval. The boundary of building envelopes must be delineated with marker

pegs prior to any removal of vegetation. Driveway access corridors must also be clearly marked within the designated vegetation retention areas.

Electricity and Telecommunications 26. Written evidence of negotiations with electricity and

telecommunications authorities stating that services will be provided to the development must be submitted to Council. Such evidence must be provided prior to approval and dating of the Plan of Survey.

B. That upon the issue of a Court Consent Order, the following notation will be

placed on Council's future rates record in respect of the new lots (or detail lot numbers):-

Building Envelope The future dwelling and outbuildings buildings must be sited within the

building envelope as detailed on the Building Envelope Plan held by Council. A copy of the Building Envelope Plan is available from Council's Planning Department.

Geotechnical Report

Future development on this site must occur in accordance with the

Geotechnical Report dated “To Be Advised” prepared by “To Be Advised” (Reference #“To Be Advised”). Any request to undertake alterations to the cut/fill batters must be accompanied by a report prepared by a qualified and experienced geotechnical consultant. A copy of the Geotechnical Report is available from Council's Planning Department.

carried with Councillors Leu, Cochrane, Forsyth and Lesina voting against the motion.

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17. CAIRNSPLAN AMENDMENT – ALLEY PARK SPORTING PRECINCT, GORDONVALE – CHANGE IN PLANNING AREAS – DIVISION 1 ...215

Gerard Rosse GR : 8/26/5: #1855336 GREGORY / PYNE Council advise the Department of Infrastructure and Planning that Council is proceeding with the proposed Amendment 2008 No.2 – Alley Park Sporting Precinct Amendment without modification and request that the Minister for Planning advise Council that it may adopt the proposed planning scheme amendment. carried

18. COMMEMORATIVE ITEM - MOUNT EMERALD PLANE CRASH .....224 Noel Briggs:jel : 1/3/37-19-:#1840907 LANSKEY / LEU (a) That Council recognise the former local government leaders by displaying a

painting or piece of pottery with a suitable plaque in memory of those lives lost in the Mount Emerald plane crash in 1990, in the foyer of Council’s Spence Street Administration Building.

(b) That the Cultural Services & Facilities Branch coordinate the calling for

submissions from local artists from which the Public Art Advisory Committee would select a suitable piece.

carried

19. RESOLUTION OF APPEAL REGARDING A MATERIAL CHANGEOF USE (IMPACT ASSESSMENT) - MULTI-UNIT HOUSING (36 X 3 BEDROOM UNITS & 12 X 4 BEDROOM UNITS)- 21-29 GIFFIN ROAD, WHITE ROCK ....................................................................227

Simon Clarke: 1956311-:#1856311 (LATE AGENDA ITEM) GREGORY / COCHRANE A. That Council instruct its solicitors to negotiate settlement of the Planning &

Environment Court Appeal No 155 of 2008 for Multi Unit Housing over land described as Lot 201 on NR1861, located at 21-29 Giffin Road, White Rock, subject to the following:

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APPROVED DRAWING(S) AND/OR DOCUMENT(S) The term ‘approved drawing(s) and/or document(s)’ or other similar expression means:

Drawing or Document Reference Date To be advised To be advised To be advised

Assessment Manager Conditions 1. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:- a. The specifications, facts and circumstances as set out in the

application submitted to Council; b. The following conditions of approval and the requirements of

Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval Timing of Effect 2. The conditions of the Development Permit must be effected prior to


Amendment to Design 3. The proposed development must be amended to accommodate the

following changes: a. Amendment to design to incorporate land dedications referenced

in Condition 4 herein. b. Deletion of structures between the future north-south road

connection and the setback of the multi unit housing (units 9 – 12).

Details of the above amendments must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

Land Dedication 4. The following land is to be dedicated to Council at no cost to Council:

a. A strip of land nominally 15 metres in width along the entire western boundary of the site

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b. All land necessary to accommodate a roundabout at the Giffin Road intersection taking into account the findings of the Traffic Study (Note: The applicant is not required to construct the roundabout).

c. Any road widening required in Giffin Road taking into account the

findings of the Traffic Study. Air-conditioning Screens 5. Air conditioning units located above ground level and visible from

external properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

Lockable Storage 6. Provide each unit with a minimum of 2.5m2 (minimum 5m3 volume) of

lockable storage space conveniently located with respect to car accommodation.




Payment is required prior to Commencement of Use or approval and

dating of the Building Format Plan, whichever occurs first. Wastewater Contributions 8. Pay a monetary contribution to Council in accordance with the Planning


Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $$91,207.09 (32.6 ERAs).


dating of the Building Format Plan, whichever occurs first.

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Road Network Contributions 9. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision and upgrading of the road network.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $212,657.78 (39 ERAs).


dating of the Building Format Plan, whichever occurs first. Community Purpose Infrastructure Contributions 10. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of Community Purpose Infrastructure.


On the present method of calculation, the contributions are $13,412.49 (60.69 EPs).


dating of the Building Format Plan, whichever occurs first. Stormwater Mitigation 11. Pay a monetary contribution to Council in accordance with the Planning

Scheme Council’s Trunk Infrastructure Contributions Policy towards the provision or augmentation of stormwater drainage services.


On the present method of calculation, the contributions are $39,643.57 for Stormwater Mitigation.


dating of the Building Format Plan, whichever occurs first. Stormwater Quality 12. Pay a monetary contribution to Council in accordance with Council’s

Trunk Infrastructure Contributions Policy towards the improving Stormwater Quality.


On the present method of calculation, the contributions are $8,658.36 for Stormwater Quality.

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Payment is required prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

External Water Supply and Sewerage Works 13. Undertake the following water supply and sewerage works external to

the site to connect the site to existing water supply and sewerage infrastructure:-

a. Augment existing water supply infrastructure to the extent

necessary such that the development does not adversely affect the water supply to adjacent properties and such that a water service connection can be provided at the lot frontage;

b. Connect the site to Council’s existing sewerage infrastructure

serviced by sewerage pump station WR1;

c. Augment existing sewers downstream of the site, to the extent required to accommodate the increased flows generated by the development;

Three (3) copies of a plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Such work must be constructed in accordance with the approved plan

to the satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Internal Water Supply and Sewerage Works 14. Undertake the following water supply and sewerage works internal to

the subject land:-

a. The development must be serviced by a single internal water and sewerage connection made clear of any buildings or structures;

b. Internal property sewers designed in accordance with the FNQROC

Development Manual; c. Water supply sub-metering must be designed and installed in

accordance with The Plumbing and Drainage Act 2002 and the Water Act 2000.

All the above works must be designed and constructed in accordance with the FNQROC Development Manual. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior

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to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Inspection of Sewers

15. CCTV inspections of all constructed sewers must be undertaken for all sewers that will become an asset of Council. An assessment of the CCTV records will be undertaken and any identified defects are to be rectified to the satisfaction of the Chief Executive Officer at no cost to Council.

Water Saving 16. All toilet devices in the development must be fitted with dual flush

cisterns and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

Vehicle Parking 17. The amount of vehicle parking must be as specified in Council's

Planning Scheme which is a minimum of seventy four (74) spaces. At least one space per unit is to be roofed. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities - Off Street Car Parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

18. The parking layout must comply with the Australian Standard AS2890.1

2004 Parking Facilities - off street car parking and CairnsPlan, in particular:

a. The driveway serving the parking area must include a physical

means of speed control at the exit point;

b. The provision of a vehicle wash bay; c. Manoeuvring space must be provided to enable all vehicles to

enter and exit the site in forward gear (including refuse and service/delivery vehicles);

Amended plans must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Vehicle Wash Bay 19. A vehicle wash bay must be provided. It must be roofed and bunded

and wastewater must be discharged through a 550 litre triple interceptor to sewer or as agreed to by the Chief Executive Officer.

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Protection of Landscaped Areas From Parking 20. Landscaped areas adjoining the parking area must be protected by a

150mm high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles.

Parking Signage 21. Erect signs advising of the location of the off-street visitor parking area

and access thereto. The signs must be erected prior to Commencement of Use. One sign must be located on the New Road frontage.

Bicycle Parking 22. Provide secured, on-site bicycle parking in accordance with Table 10-1

of AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum number of parking spaces required for this development is fourteen (14) spaces. The bicycle parking area must be constructed prior to Commencement of Use.

Lighting 23. All lighting installed upon the premises including car parking areas

must be certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

External Works 24. Undertake the following works external to the land at no cost to

Council:

a. Construct the western north-south connector road up to the entrance to the proposed multi unit housing development to an Access Street standard as defined by Council's Development Manual (FNQROC) and relevant Australian Standards. The balance section of the north south connector is to be provided with adequate drainage, turfed and landscaped to allow for easy maintenance.

b. Construct a 2.0 metre wide concrete footpath to Giffin Road

frontage and the new connector road frontage (up to the proposed entrance to the development) in accordance with FNQROC Development Manual Standard Drawing 1035. Where the location of the footpath clashes with existing Council infrastructure, the

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applicant must ensure that the function of the infrastructure / service is not compromised;

c. Construct full width asphalt overlay to the Giffin Road frontage; d. Provision of a concrete crossover(s) and apron(s) in accordance

with FNQROC Development Manual Standard Drawing 1015; e. Relocate any power poles at the front of the subject land to behind

the kerb; f. Upgrade the street lighting to comply with requirements of the

FNQROC Development Manual. In particular power for the street lighting and electricity must be placed underground;

All works in the road reserve need to be properly separated from pedestrians and vehicles, with any diversions adequately signed and guarded. Particular attention must be given to providing safe passage for people with disabilities i.e. the provision of temporary kerb ramps if pedestrian diversions are necessary.

The external works outlined above require approval from Council in accordance with Local Law 22 – (Activities on Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first. (note – external works for units must be completed before we endorse the BFP)

Above Ground Transformer Cubicles/ Electrical Sub-Stations 25. Above ground transformer cubicles and/or electrical sub-stations are to

be positioned so that they do not detract from the appearance of the streetscape and must be clear of footpath areas. This will require cubicles/sub-stations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building. Details of the electrical sub-station positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

26. Street lighting along the full frontages is to be upgraded to the

applicable Lighting Category and lighting columns are to be of steel construction.

All works must be completed prior to Commencement of Use or

approval and dating of the Building Format Plan, whichever occurs first.

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Drainage Study of Site 27. Undertake a further detailed drainage study of the site to determine the

drainage impacts on upstream and downstream properties and the mitigation measures required to minimise such impacts. In particular, the study must address the following:

a. The contributing catchment boundaries; b. The extent of the 100 year ARI flood event in relation to the site

both pre and post development; c. Primary and secondary flow paths for the 2 and 100 year ARI flood

events; d. Identify any requirement for drainage easements; e. Identify the need and tenure for flood detention areas to ensure a

no worsening impact on downstream properties for the entire development;

f. Information on the proposed works and any impacts proposed at the drainage outlet from the proposed development;

g. Lawful point of discharge.

The study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work with the necessary works being undertaken prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Traffic Impact Study 28. A Traffic Impact Study must be undertaken by an appropriately

qualified professional with respect to the impacts of the development on the road network (Giffin Road & the new North-South Connector) and compliance with Austroads Queensland Streets and the FNQROC Development Manual. The matters that the Council seek to be addressed in a Detailed Traffic Impact Report include but may not be limited to the following:

General a) Expected traffic generation, comprising average daily morning and

afternoon peak hours. b) Expected travel patterns, traffic distribution and vehicular types

for both commercial and passenger. c) Analysis of intersection(s), including proposed treatment and

method of control. The report should contain a summary of the analysis of average delay, degree of saturation (DOS), 95 % queue lengths and available capacity.

d) What land dedication is required to provide for a roundabout at the proposed intersection of Giffin Road and the new north-south connector road. The geometry and specifications for the

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roundabout shall comply with the requirements of the Council's Development Manual (FNQROC) - Section D1.13.

e) Acceptable mitigation works and their timing to offset identified impacts and to maintain acceptable traffic operations and levels of safety to the planning horizon year.

f) Full intersection analysis based on AUSTROADS "Guide To Traffic Engineering Practice (Part 5)" or using the unsignalised Intersection Design and Research Aid computer program (SIDRA) published by the Australian Road Research Board. Detail will include copies of input/output data, phasing diagrams for signals and intersection layout sketches.

g) All critical movement effects, such as degree of saturation,

average delay, 95% queue and capacity, identified. All works necessary to improve traffic operations to an acceptable level shall be detailed. This will include modification requirements for existing traffic signal installations.

h) Estimated likely U-turn demands and determination of whether facilities are required to accommodate these movements.

i) Estimated vehicle storage requirements. j) An assessment against DMR's Warrants for intersection design

of what form of intersection treatment is required. k) Identification of potential implications for pedestrian movements

and if special facilities may be needed. l) Identification of potential implications for cyclists and

requirements for bicycle facilities as identified by Council's Bikeways Plan.

Design Horizon m) A ten (10) year design horizon from the anticipated date of

completion of the development is to be adopted. Existing and proposed development in the area and/or cumulative background through-traffic is to be considered.

n) The applicant must also provide analysis to indicate the affect on the above "General" considerations when the North-South Connector is completed from say Giffin Road to Dillon Close. In consideration of the completion of the link, the impact on existing Council infrastructure (e.g. Dillon Close) should be discussed.

Traffic Counts o) Through-road traffic predictions may be based on existing counts

if available and current. These can be projected forward at appropriate growth rates. If traffic counts have to be undertaken, full details of the count (such as location, time of day, date, type of count, percentage commercial vehicles) are to be included in the Report.

Upgrading Works p) If it is proposed to stage upgrading construction of the works,

appropriate discussion and data shall be included in the Report to

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support the recommendations. This will include a summary indicating anticipated timing for future stages of upgrading and the works required at each stage.

Adverse Impacts q) Any adverse implications for existing property accesses, traffic

safety, roadway and intersection capacity and levels of service shall be identified and appropriate recommendations made with regard to any measures necessary to minimise such adverse effects.

Assumptions/References r) All assumptions and references are to be detailed. Documentation s) The traffic study is to be undertaken by an appropriately qualified

and experienced Traffic Engineer. Concept plans of proposed intersection arrangements should be included in the report and include the following:

lane layouts;

turning radii; storage lengths; auxiliary lanes; lane widths; raised medians; and median dimensions roundabout dimensions.

Three (3) copies of the Traffic Impact Study report must be submitted

and endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work. Such works recommended by the approved report must be constructed in accordance with the approved plans to the satisfaction of the Chief Executive Officer prior to the Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first. (Note: The applicant is not required to construct the roundabout).

Stockpiling and Transportation of Fill Material 29. Soil used for filling or spoil from the excavation is not to be stockpiled

in locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works.

Transportation of fill or spoil to and from the site must not occur within:

a. peak traffic times; or b. before 7am or after 6pm Monday to Friday; or c. before 7 am or after 1pm Saturdays; or

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d. on Sundays or Public Holidays. 30. Construction dust emissions or other air pollutants, including odours,

must not extend beyond the boundary of the site and cause a nuisance to surrounding properties.

Storage of Machinery & Plant 31. The storage of any machinery, material and vehicles must not cause a

nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Demolish Structures 32. All structures not associated with the approved development (including

disused services and utilities) must be demolished and/or removed from the subject land prior to Commencement of Use.

Landscaping 33. The site must be landscaped in accordance with details included on a

Landscaping Plan. The Landscaping Plan must show: Planting Design

a. The location and species of all existing trees, with an indication as to whether each tree is to be retained or removed, and natural and finished ground levels if filling is to occur in the vicinity of any tree.

b. The inclusion of individual character through landscape

design and plant species for the various streets within the development;

c. A planting design which is in accordance with the FNQROC

Development Manual; d. A planting design that does not include any species that are

identified as Declared or Environmental Weeds or constitute an Invasive Species;

e. Provide a hierarchy of planting, which includes shade trees,

shrubs and groundcovers. Hard Landscaping Works a. Inclusion of a raised garden bed, of approximately 400mm

height, to the private gardens where units back onto each other.

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b. Natural and finished ground levels including details of all retaining works;

c. Details of any perimeter, private yard or street fencing; d. Protection of landscaped areas adjoining parking areas from

vehicular encroachment by a 150mm high vertical concrete kerb or similar obstruction;

e. Clothes drying areas screened from public view and have

access to natural sunlight. Two (2) A1 copies and one (1) A3 copy of the landscape plan must

be endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs first. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Sediment and Erosion Control 34. Soil and water management measures must be installed/implemented

prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Screen Fence 35. A screen fence (generally 1.8 metres in height) must be provided to the

side and rear boundaries of the subject land (to contain the multi-unit housing) and for the private yards of individual units. The fencing must be detailed in the Landscape Plan and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Street Fencing 36. Any proposed fences and/or walls to any road frontage are to be limited

to the following: a. 1.2 metres in height if solid; or b. 1.5 metres in height if at least 25% visually transparent; or c. 1.8 metres in height if at least 50% visually transparent. In this regard, the fencing in Giffin Road should discourage direct

access to any parking on the street. Details of the street fencing must be detailed in the Landscape Plan and

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be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Ponding and / or Concentration of Stormwater 37. The applicant/owner must ensure that any works do not result in the

ponding or concentration of stormwater flows onto adjoining properties.

Refuse Storage 38. Refuse storage is required to service the site in accordance with

Council requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.

39. The refuse bin enclosure must be roofed and bunded and fitted with a

bucket trap. Details Of Development Signage 40. The development must provide clear and legible signage incorporating

the street number for the benefit of the public. Advertising Signage 41. Signs on the subject land must conform with Council's Local Law No.

28 (Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer.

Crime Prevention Through Environmental Design 42. The applicant/owner must ensure that all lighting and landscaping


Health Requirements 43. Noise from air conditioning units, swimming and spa 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 - Environmental Nuisance).

44. Swimming pool water quality must be maintained in accordance with

the Queensland Health Swimming and Spa Pool Water Quality and Operational Guidelines 2004.

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45. The proprietor of proposed rental accommodation premises must make application for approval under Local Law 6 (Rental Accommodation) prior to the commencement of operation. Contact the Councils Public Health Unit for further information on the application process.

B. That any further matters in relation to settlement of this appeal be delegated

to the Mayor, Chief Executive Officer and the General Manager Planning & Environment.

CONCURRENCE AGENCY CONDITIONS & REQUIRMENTS

Concurrence Agency

Concurrence Agency Reference


Queensland Transport

CRN-93

29 June 2007

#1519715

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). ADVICE 1. This approval, granted under the provisions of the Integrated Planning Act



materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with relevant Local Laws and statutory requirements. 4. For information relating to the Integrated Planning Act 1997 log on to


5. Headwork contribution calculations are attached. Please note that the

contributions must be paid at the rates applicable at the time of payment. Updated calculations must be requested prior to payment.

carried with Councillors Leu, Forsyth, Cochrane, Lesina and Pyne voting against the motion.

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20. PURCHASE OF LAND - LOT 304 WALKER ROAD, EDMONTON…………… ............................................................... 265

L.Kirchner: 1/3/87: 1870718 (LATE AGENDA ITEM) LANSKEY / COCHRANE That Council note the expenditure of State Government Stamp Duty and Land Tax associated with the purchase of Lot 304 SP186238 Walker Road, Edmonton. carried

GENERAL BUSINESS

PETITION – OBJECTION TO THE RELOCATION OF THE BUS SHELTER FROM 9 UPWARD STREET TO 3-5 UPWARD STREET That the petition be received and referred to Officers for a report to Council. CLOSED SESSION COCHRANE / BLAKE COUNCIL RESOLVE INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA:

1. PREJUDICIAL MATTER – OFFER OF COMPENSATION FOR ACQUISTION OF LAND FOR ROAD PURPOSES FROM CEC GROUP LIMITED – PART OF LOTS 8/9 ON RP748636, PART OF LOT 900 ON SP193123 AND PART OF LOT 900 ON SP196236 DRAPER ROAD, GORDONVALE – DIVISION 1 ............................................................1

Kylie Richardson : 19/8/2-06: #1856935 carried OUT OF CLOSED SESSION COUNCIL RESOLVE TO MOVE OUT OF CLOSED SESSION COCHRANE / BLAKE carried RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

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1. PREJUDICIAL MATTER – OFFER OF COMPENSATION FOR ACQUISTION OF LAND FOR ROAD PURPOSES FROM CEC GROUP LIMITED – PART OF LOTS 8/9 ON RP748636, PART OF LOT 900 ON SP193123 AND PART OF LOT 900 ON SP196236 DRAPER ROAD, GORDONVALE – DIVISION 1 ............................................................1

Kylie Richardson : 19/8/2-06: #1856935 GREGORY / LANSKEY That Council agree to pay compensation in the sum of $112,153.80 to CEC Group Limited for an area approximately 3,944m² being part of lots 8/9 on RP748636, part of lot 900 on SP193123 and part of lot 900 on SP196236 Draper Road, Gordonvale, and associated costs. Furthermore, Council delegate authority to the Mayor and Chief Executive Officer in accordance with Section 472 of the Local Government Act 1993 to negotiate and determine any and all matters associated with the acquisition and resumption of land, including matters associated with settlement. carried

THE MEETING CLOSED AT 12:14 PM CONFIRMED THIS DAY OF 2008 ………………………… ………………………………………. MAYOR CHIEF EXECUTIVE OFFICER

cairns regional council ordinary meeting · 10/30/2008 · 6 minutes – ordinary meeting 30/10/08...

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