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Minutes – Ordinary Meeting 23/9/09 - #2326584

CAIRNS REGIONAL COUNCIL

ORDINARY MEETING

23 SEPTEMBER 2009

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:

P Tabulo A/Chief Executive Officer J Hawkes General Manager Works and Services P Boyd A/General Manager Planning & Environment B Gardiner General Manager Water & Waste I Lowth General Manager Community, Sport & Cultural Services L Kirchner Manager Corporate Performance N Beck A/Manager Development Assessment L Phipps Manager Environmental Assessment T Johnson Team Leader Environmental Protection Unit L Finkelstein A/Media Coordinator R Leeds Executive Advisor to the Mayor B Finegan Manager Project Services J Hunter Manager Sport Recreation & Community Development 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 02/09/2009 FORSYTH / BONNEAU That the Minutes of the Ordinary Meeting held on Wednesday, 2 September 2009 be confirmed. carried

CONFIRMATION OF THE MINUTES OF THE PLANNING & ENVIRONMENT COMMITTEE MEETING – 09/09/2009 BLAKE / LEU That the Minutes of the Planning and Environment Committee Meeting held on Wednesday, 9 September 2009 be confirmed. carried

CONFIRMATION OF THE MINUTES OF SPORTS, ARTS, CULTURE & COMMUNITY SERVICES COMMITTEE MEETING – 09/09/2009 COCHRANE / LEU That the Minutes of the Community & Cultural Committee held on Wednesday, 9 September 2009 be confirmed. carried

CONFIRMATION OF THE MINUTES OF FINANCE & ADMINISTRATION COMMITTEE MEETING – 16/09/2009 COOPER / LESINA That the Minutes of the Finance & Administration Committee held on Wednesday, 16 September 2009 be confirmed. carried

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CONFIRMATION OF THE MINUTES OF THE WORKS & SERVICES COMMITTEE – 16/09/2009 GREGORY / LANSKEY That the Minutes of the Works and Services Committee held on Wednesday, 16 September 2009 be confirmed. carried

CONFIRMATION OF THE MINUTES OF THE WATER & WASTE COMMITTEE – 16/09/2009 GREGORY / FORSYTH That the Minutes of the Water & Waste Committee held on Wednesday, 16 September 2009 be confirmed. carried

1. LEASE TO MJ & MT STEWART PART OF LOT 19 ON RP887338 AND LOT 2 ON SP120074, POLLARD ROAD BABINDA – DIVISION 1........................................................................................................ 1 Allan Simpson : 19/3/3-83: #2322827

GREGORY / LANSKEY That Council offer a further lease to MJ & MT Stewart over part of Lot 19 on RP887338 and Lot 2 on SP120074, Pollard Road, Babinda for a term of five (5) years from the 1 January 2011 subject, but not limited to the following terms and conditions: • Ministerial exemption being sought and obtained from the tendering

provisions in accordance with Section 492(1)(e) of the Local Government Act 1993;

• Rental to be 10% of the gross sugar proceeds; • Lessee to be responsible for all rates and charges, including any costs of

water usage on the leased premises; and • Lessee being responsible for all reasonable costs associated with the

preparation, execution, stamping and registration (if required) of the lease.

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Furthermore, the Mayor and Chief Executive Officer being delegated authority to negotiate and determine any and all matters relating to the renewal of the lease. carried

2. APPLICATION FOR PERMANENT ROAD CLOSURE OVER ROAD ADJOINING LOT 702 ON SP198010 HERITAGE STREET SOUTH REDLYNCH – DIVISION 6 ................................................................ 6 K Richardson : 15/7/1-07: #2212588

COOPER / BLAKE That Council advise the Department of Environment and Resource Management that it has no objection to the application for permanent road closure over road adjoining Lot 702 on SP198010 Heritage Street South Redlynch, subject but not limited to the following conditions: • The proposed redevelopment and extension of the shopping centre is

approved through Development Assessment • Access to Lot 702 on SP198010 is not obtained via Heritage Street South • Lots 701 (on SP178662) and 702 (on SP198010) are amalgamated into a

single lot • The applicant removes the roundabout and reconstructs the intersection in

accordance with the Council's Development manual • For all works associated with the intersection: a) The applicant will be required to lodge and receive approval for the

works through a Local Law 22 Application b) A 12 months defects liability will be required in accordance with the

requirements of the FNQROC • the Ø100 PVC water meter be relocated to immediately inside the new

property boundary, to the satisfaction of Council, otherwise an easement will be required over any part of the Council main located within the property.

• All works are undertaken at no cost to Council.

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Furthermore, the Mayor and Acting Chief Executive Officer, in consultation with the Divisional Councillor, being delegated authority pursuant to section 472 of the Local Government Act 1993 to determine any and all matters associated with the application for permanent road closure. carried

3. OUTDOOR DINING – WHARF STREET, PORT DOUGLAS – DIVISION 10 .................................................................................. 15 Laurie Phipps : 18/5/3-55: #2321553

LEU / FORSYTH A. Council resolves in accordance with Section 486 of The Local Government

Act that it is satisfied that there is only one supplier reasonably available to it to carry out the work.

B. That Council authorise the Chief Executive’s offer to pay Port Douglas

Hotels the sum of $214,564.25 and this amount be paid from the Outdoor Dining Fund.

C. That Council accept the structures erected on the footpath area as Council

infrastructure. D. Outdoor Dining Permit Holders will be conditioned to indicate that the Permit

Holders are responsible for the maintenance to Council’s infrastructure in this area to the satisfaction of the Chief Executive Officer.

carried

4. STATUS OF FALSE CAPE EROSION AND SEDIMENT CONTROLS .... ...................................................................................................... 31 Toni Johnston: TJ : 18/46/2-106: #2315995

FORSYTH / LEU That Council consider undertaking maintenance of erosion and sediment controls at False Cape. carried

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5. PLANNING SCHEME AMENDMENT - FALSE CAPE SPECIAL FACILITIES.................................................................................... 42 Paul Cohen : 8/26/5: #2323534

FORSYTH / LESINA That Council: A. Undertake an Amendment to the Planning Scheme for the Former City of

Cairns, CairnsPlan pursuant to Schedule 1 of the Integrated Planning Act 1997 to remove the False Cape Special Facilities Approval – Amendment No. 3 of 2009

B. Endorse the False Cape Special Facilities Amendment No.3 of 2009 for the

purpose of a first State Interest review in accordance with the Integrated Planning Act 1997.

C. Requests that the Minister expedite the first State Interest review of the

proposed amendment such that it can be implemented in a timely manner. carried with Councillors Blake and Gregory voting against the motion

6. COMBINED APPLICATION - RETIREMENT VILLAGE – JOHANNA ROAD TRINITY BEACH – DIVISION 9 ............................................ 49 Luke Jackson : 8/30/127 : 2206783

BONNEAU / LANSKEY That Council approves the development application for Retirement Village over land described as Lot 14 on SP152628, located at Johanna Road Trinity Beach, 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 Lot Layout and Staging Plan A-001 24/08/2009

Masterplan A-002 28/07/2009 Masterplan – Part 1 A-004 28/07/2009 Masterplan – Part 2 A-005 28/07/2009 Masterplan – Part 3 A-006 28/07/2009 Masterplan – Part 4 A-007 28/07/2009

Community Facility - Plan A-201 - Community Facility – 3D Images A-202 -

House Type G – Title Sheet A-110 27/07/2009

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Drawing or Document Reference Date House Type G – Floor Plans A-111 27/07/2009 House Type G - Elevations A-112 27/07/2009 House Type G - Elevations A-113 27/07/2009 House Type F – Title Sheet A-120 27/07/2009 House Type F – Floor Plans A-121 27/07/2009 House Type F - Elevations A-122 27/07/2009 House Type F - Elevations A-123 27/07/2009 House Type E – Title Sheet A-130 27/07/2009 House Type E – Floor Plans A-131 27/07/2009 House Type E - Elevations A-132 27/07/2009 House Type D – Title Sheet A-150 27/07/2009 House Type D – Floor Plans A-151 27/07/2009 House Type D - Elevations A-152 27/07/2009 House Type A – Title Sheet A-170 27/07/2009 House Type A – Floor Plans A-171 27/07/2009 House Type A - Elevations A-172 27/07/2009 House Type C – Title Sheet A-180 27/07/2009 House Type C – Floor Plans A-181 27/07/2009 House Type C - Elevations A-182 27/07/2009 House Type C - Elevations A-183 27/07/2009

Duplex Type B – Title Sheet A-190 27/07/2009 Duplex Type B – Floor Plans A-191 27/07/2009 Duplex Type B - Elevations A-192 27/07/2009 Temporary Display Units A-008 18/08/2009

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

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

Water Supply Contributions 3. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of water supply infrastructure.

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Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $374.751.70 (86.1 ERAs).

Payment is required prior issue of a Development Permit for Building Work. Wastewater Contributions 4. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of sewerage infrastructure.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $229,844.59 (100 ERAs).

Payment is required prior issue of a Development Permit for Building Work. Road Network Contributions 5. 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 $682,958.64 (125.25 ERAs).

Payment is required prior issue of a Development Permit for Building Work. Community Purpose Infrastructure Contributions 6. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of Community Purpose Infrastructure. Contributions must be paid at the rates applicable at time of payment. On

the present method of calculation, the contributions are $32,565 (65 EPs). Payment is required prior issue of a Development Permit for Building 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 $32,099.72 for Stormwater Quality.

Payment is required prior issue of a Development Permit for Building Work.

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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 $20,250. Payment is required prior issue of a Development Permit for Building Work. Air-conditioning Screens 9. 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.

Water Supply and Sewerage Works External 10. 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. Augment existing sewers and pump station downstream of the site, to

the extent required to accommodate the increased flows generated by the development;

c. Extend sewer infrastructure and provide a DICL sewer for road crossing

of proposed road being Lot 16 such that the development can be provided with an internal sewer connection.

Water Supply and Sewerage Works Internal 11. 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. Water supply sub-metering must be designed and installed in

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

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c. Internal property sewers must be designed in accordance with the FNQROC Development Manual.

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

Works associated with the buildings for Display Purposes in Stage 1a 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 Building Format Plan.

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.

Inspection of Sewers 12. CCTV inspections of sewers must be undertaken both prior to

commencement of works on site and at works completion where works have been undertaken over or to sewers. Defects must be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Damage to Infrastructure 13. 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 or approval and dating of the Building Format Plan, whichever occurs first.

Water Saving 14. 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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Refuse Storage 15. 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.

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

bucket trap. Vehicle Parking 17. The amount of vehicle parking to be provided is 248 spaces. One of the

spaces is to be allocated exclusively for ambulances close to the main entrance to the building. 23 spaces of the spaces are to be provided as visitors 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 manoeuvering areas must be imperviously sealed, drained and line marked.

Protection of Landscaped Areas From Parking 18. 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 19. Erect signs advising of the location of the off-street visitor parking area and

access thereto. Bicycle Parking 20. 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 17 spaces. The bicycle parking area must be constructed prior to Commencement of Use.

Lighting 21. 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.

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Amendment to Design 22. The proposed development must be redesigned/amended to accommodate

the following changes: a. Provide a means of access, for maintenance purposes, to the drainage

channel traversing the site. b. Ensure that services are able to be accommodated within the

nominated internal road verge widths. Details of the above amendments must be endorsed by the Chief Executive

Officer prior to issue of a Development Permit for Building Work. External Works 23. Undertake the following works external to the land at no cost to Council:

a. Construct a 2.0 metre wide concrete footpath to Johanna Street frontage in accordance with FNQROC Development Manual Standard Drawing 1035;

b. Provision of a concrete crossover and apron in accordance with

FNQROC Development Manual Standard Drawing 1015; c. 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 or approval and dating of the Building Format Plan, whichever occurs first.

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Lawful Point of Discharge 24. The flow of all external stormwater from the property is 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.

Drainage Study of Site 25. Undertake a local 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, both within the site

and external properties; e. Identify any required Infrastructure on external properties and provide

owners consent for the construction of such; f. Identify the need and tenure for flood detention areas to ensure a no

worsening impact on downstream properties for the entire development;

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

h. Ensure channel depth and configuration, including freeboard is designed in accordance with the requirements of QUDM;

i. 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.

Minimum Fill and Floor Levels 26. All floor levels in all buildings must be located 150mm above the Q100 flood

immunity level, plus any hydraulic grade effect (whichever is the greater), in accordance with FNQROC Development Manual and Planning Scheme requirements.

Geotechnical Assessment 27. A geotechnical assessment of the banks of the drainage channel traversing

the site and all earthwork batters steeper than 1 in 2 and/or higher than 1.8 metres must be certified by a qualified Geotechnical Engineer. The geotechnical report and details of any amendments to design must be must

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

Sediment and Erosion Control 28. 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).

Above Ground Transformer Cubicles/ Electrical Sub-Stations 29. 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.

Acid Sulfate Soil Investigation 30. Undertake an Acid Sulfate Soil investigation in the area to be affected by this

development. Soil sampling and analysis must be undertaken in accordance with procedures specified in, ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) or updated version of document produced by Department of Natural Resources and Water (DNRW – QASSIT), and State Planning Policy 2/02 - ‘Planning and Managing Development involving Acid Sulfate Soils’. The results of this investigation must be submitted to Council for approval prior to any earthworks or clearing being commenced on the site. Identification of soils with a pyrite content in excess of the action levels nominated in the latest version of DNRW – QASSIT: ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) will trigger the requirement for preparation of an Acid Sulfate Soil Environmental Management Plan in accordance with the most recent requirements of the DNRW: ‘Queensland Acid Sulfate Soil Technical Manual’ (2002) including Soil Management Guidelines (updated Feb. 2003) which must be prepared to the satisfaction of the Chief Executive Officer.

Construction Access 31. Vehicular access to the site for construction and demolition purposes must

be provided from Johanna Street only, unless authorised by the Chief Executive Officer.

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Stockpiling and Transportation of Fill Material 32. 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 d. on Sundays or Public Holidays. 33. Dust emissions or other air pollutants, including odours, do not extend

beyond the boundary of the site and cause a nuisance to surrounding properties.

Storage of Machinery & Plant 34. 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 35. 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 including planting of street trees to Johanna Street;

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;

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Hard Landscaping Works a. Natural and finished ground levels including details of all retaining

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

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

d. 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.

Wildlife 36. 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.

The wallabies at the site are to be removed or relocated from the site in an appropriate manner in accordance with the requirements of the Queensland Parks and Wildlife Services (QPWS). The applicant is to provide evidence to Council of the methods chosen to remove/relocate the wallabies and that such methods have been endorsed by QPWS. The wallabies must be removed/relocated from the site prior to the commencement of the development and temporary fencing is to be erected during the construction phase that prevents the wallabies re-entering the site. All such work must be supervised by and carried out in accordance with the requirements of - and to the satisfaction of - the QPWS.

Notification of Vegetation Clearing 37. Council’s Development 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.

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Screen Fence 38. A screen fence must be provided to the side and rear boundaries of the

subject land, 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. The fencing must be completed prior to the Commencement of Use.

Street Fencing 39. The proposed fence to Johanna Street is to be constructed in accordance

with the requirements of the Acoustic Assessment prepared by Aurecon Australia Pty Ltd dated 13 July 2009. The fencing must be designed to accommodate indents to reduce the visual impact of the fence. The indents are to be suitably landscaped. The proposed fencing must also be finished with an anti-graffiti covering to the satisfaction of the Chief Executive Officer.

Details of the street fencing, indents and plantings within the indents 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.

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.

Construction Signage 42. Prior to the commencement of any construction works associated with the

development, a sign detailing the project team must be placed on the road frontage of the site and must be located in a prominent position. The sign must detail the relevant project coordinator for the works being undertaken on the site, and must list the following parties (where relevant) including telephone contacts:-

a. Developer; b Project Coordinator; c. Architect / Building Designer; d. Builder; e. Civil Engineer; f. Civil Contractor; g. Landscape Architect

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Crime Prevention Through Environmental Design 43. The applicant/owner must ensure that all lighting and landscaping

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

Health 44. 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.

45. 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.

46. 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.

47. 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.

48. 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).

49. Premises intended to be used for non-higher risk personal appearance

services, such as hairdressing and/or beauty therapy must comply with the requirements of the Public Health (Infection Control for Personal Appearance Services) Act 2003 and the Infection Control Guidelines for Personal Appearance Services 2004.

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50. The proprietor of premises used for non-higher risk personal appearance service must notify Council’s Public Health Unit within 30 days of commencement of operation.

51. Premises intended to be used to carry out higher risk personal appearance

services must designed and constructed in accordance with Part 15 of the Queensland Development Code.

52. Prior to carrying out higher risk personal appearance services, the

proprietor must hold a current Licence issued under the Public Health (Infection Control for Personal Appearance Services) Act 2003.

53. Swimming pool water quality must be maintained in accordance with the

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

Acoustic Report 54. The development is to comply in full with the conclusions and

recommendations of the Acoustic Assessment prepared by Aurecon Australia Pty Ltd dated 13 July 2009.

Display Units 55. The Display Units are to be converted to permanent residential units associated with the Retirement Village upon the cessation of their use for sales. Sealing of Temporary Car Park 56. The temporary car park associated with the display units is to be

appropriately sealed to prevent dust, erosion, and other adverse amenity and environmental impacts. A spray seal at the very minimum will be required, to the satisfaction of the Chief Executive Officer.

Drainage Easement 57. A Drainage Easement having a minimum width of at least 10 metres along

the entire length of the existing drain on the southern side of the property in the location(s) shown on the proposal Plan No. A-001, dated 24/08/2009 and prepared by CA Architects Pty Ltd must be granted in favour of Council. The easement must be wide enough to accommodate the requirements and recommendations of the drainage study required at condition 25 as well as a means of access for maintenance purposes as required by condition 22a. 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 to Council prior to Commencement of Use and must be lodged and registered with the Department of Environment and Resource Management prior to occupation of the buildings.

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Rehabilitation of Drainage Line 58. The drainage line located on the southern side of the land has deteriorated

and must be rehabilitated to a natural maintenance-free watercourse, with rock protection for invert erosion stability as required with respect to velocities and be landscaped with naturally occurring tree species that will shade out grass and weed species within two years.

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 Building Work or Operational Works, whichever occurs first. All works must be carried out in accordance with the approved plan prior to approval and dating of the Plan of Survey or the commencement of use, whichever occurs first.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrence Agency Concurrence Agency Reference

Date Council Electronic Reference

Department of Main Roads 214/20A/102(2083.01) 24/08/09 2202113 Department of Natural Resources and Water

IA1208CNS0002 20/01/09 1948078

Environment Protection Agency

IPAR01309208 28/01/09 1955064

Queensland Transport CRN – 227 P29745 25/08/09 2314831 Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). FURTHER 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 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.

21


5. 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.

carried

7. COMBINED APPLICATION OUTDOOR SPORT & ENTERTAINMENT, SHORT TERM ACCOMMODATION AND LOT RECONFIGURATION BY LEASE (EXCEEDING 10 YEARS) – 53-75 BUCHAN STREET, PORTSMITH – DIVISION 5............................................................121 J Elphinstone : 8/30/130 : 1970272

BLAKE / LEU A. That Council approves the development application being for Outdoor Sport

& Entertainment and lot reconfiguration by lease (exceeding 10 years) over land described as Lot 2 on CPLN 198316, located at 53-75 Buchan Street, Portsmith, 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

SITE PLAN LAYOUT CAPE YORK AFL, AFL ACADEMY 53-75 BUCHAN STREET, BLACK & MORE DRAWING FIGURE 6742-002, REVISION A

JUNE 2009

Overall Site Plan Proposed Accommodation Facilities, Buchan Street, Cairns, S. Gleeson, Architect, Drawing No. 330820/ Sheet 0

Undated, As Submitted To Council On 27 February 2009

Site Plan Proposed Accommodation Facilities, Buchan Street, Cairns, S. Gleeson, Architect, Drawing No. 330820/ Sheet 1


22


DRAWING OR DOCUMENT

REFERENCE DATE

Level 1 Plan Proposed Accommodation Facilities, Buchan Street, Cairns, S. Gleeson, Architect, Drawing No. 330820/ Sheet 2


Level 2 Plan Proposed Accommodation Facilities, Buchan Street, Cairns, S. Gleeson, Architect, Drawing No. 330820/ Sheet 2

Undated, As Submitted To Council on 27 February 2009

Landscape Concept Plan Cape York AFL Academy, Pawsey & Prowse Drawing LP01

2 February 2009


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

Commencement of Use or prior to the approval and dating of the Plan of Survey whichever occurs first, except where specified otherwise in these conditions of approval.

Water Supply and Sewerage Works Internal 3. Undertake the following water supply and sewerage works internal to

the subject land:- a. The Lease area must be serviced by a single internal water and

sewerage connection made clear of any buildings or structures;

23


b. The existing sewers within the site must be a minimum of 1.5

metres away from proposed buildings and clear of the zone of influence from the footings and foundations of any building/structure;

c. Existing water connections must be located within the lot it serves

and if they are not or located on or through other property, existing connections must be relocated.

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 to Commencement of Use.

Inspection of Sewers 4. CCTV inspections of sewers must be undertaken both prior to

commencement of works on site and at works completion where works have been undertaken over or to sewers. Defects must be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Commencement of Use.

Damage to Infrastructure 5. 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 developer’s cost, prior to the Commencement of Use.

Refuse Storage 6. 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.

Lawful Point of Discharge 7. 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.

24


Minimum Fill and Floor Levels Commercial / Industrial: CBD and Environs Area - Zone 2

8. All floor levels in all buildings must be located above the Q100 flood

immunity level of 3.2 metres AHD, in accordance with FNQROC Development Manual, the CBD environs Drainage Management Plan and Planning Scheme requirements.

Note that the Q100 flood level is the minimum allowable level and

Council recommends a freeboard of 150mm to floor levels. The development of the site must not consume more than sixty (60)

percent of the existing flood storage volume of the site and must be conducted so as not to impede or hinder the surface water flow onto or off the subject land.

Three (3) copies of a plan of works, with supporting flood storage

volume calculations, must be submitted to and be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

Details Of Development Signage 9. The development must provide clear and legible signage incorporating

the street number for the benefit of the public. Advertising Signage 10. 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.

Water Saving 11. All new 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.

ADVICE 1. This approval for material change of use, granted under the provisions

of the Integrated Planning Act 1997, shall lapse four (4) years and for the reconfiguration of a lot two (2) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

25


2. The applicant/owner is advised that this approval does not approve the construction of the building works. The applicant will be required to obtain a Development Permit for Building Work in order for construction to commence.

3. 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.

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

other relevant Local Laws and other statutory requirements. 5. The taking of water, or interfering with water from streams or

groundwater sources will require a permit administered under the Water Act 2000 and issued by the regional office of the Department of the Natural Resources and Water. Further information can be obtained from the Department of Environment and Resource Management on (07) 4039 8431 or at www.nrw.qld.gov.au.

6. 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.

B. That a report providing conditions of approval for the Short Term

Accommodation component of the application be presented to Council at the October 2009 Planning & Environment Committee meeting.

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

8. COMBINED APPLICATION – RECONFIGURING A LOT & PRELIMINARY APPROVAL FOR A HOUSE – 105-109 MANSFIELD STREET EARLVILLE – DIVISION 4 ...............................................141 P Boyd : 8/30/92 : #2190936

LESINA / FORSYTH That Council refuse the development application for Reconfiguring a Lot and Preliminary Approval permitting a Code Assessment for a House (over proposed Lot 21) over land described as Lot 22 SP 136895, located at 105-109 Mansfield Street Earlville, due to the following reasons: 1. The proposed development is contrary to the Desired Development

Outcomes for the Conservation Planning Area.

26


2. The proposal is in conflict with the purpose of the Conservation Planning Area Code which specifies as a desired development outcome that land in private ownership within the planning area is not further developed.

3. The proposed development results in a land use that is incompatible with

the surrounding natural environment. 4. The proposal is contrary to the desired development outcomes and

performance criteria of the Hillslopes (Urban Category 2) Code as it fails to retain land in its natural state.

5. The proposal is contrary to the desired development outcomes and

performance criteria of the Vegetation Conservation and Waterway Significance Code.

carried with Councillors Bonneau, Cochrane, Blake, Lanskey and Gregory voting against the motion.

9. RECONFIGURING A LOT – (1 LOT INTO 8 LOTS) – 47-59 BARCLAY ROAD BRINSMEAD – DIVISION 6 .................................................183 Sarah Cook : 8/13/1431 : #1927729

COOPER / LANSKEY This item be deferred to next Planning & Environment meeting. carried Cr Cooper left the meeting 11:05 a.m.

27


10. RECONFIGURING A LOT (48 COMMUNITY TITLE LOTS) – 15-25 SKULL ROAD WHITE ROCK – DIVISION 3....................................217 L Jackson : 8/13/1482 : 2194419

COCHRANE / BLAKE That Council approves the development application for Reconfiguring a Lot (48 Community Title Lots) over land described as Lot 3 NR1833, located at 15-25 Skull Road White Rock, 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 Proposed Unit Development 2925 X3 11/08/2009

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. A final survey plan will not be endorsed by the Chief Executive Officer until such time that the Community Management Scheme clearly cross references the Development Application and conditions (DA 8/8/743) as being the proposed development.

Services Plan 3. The applicant is to provide plans demonstrating how the access and

services will be accommodated in the common property. The plans must note any amendments to the common property boundaries. Services corridors must be shown for water, power and communications to be

28


connected throughout the development. The applicant is also to show how street lighting will be provided in the common property.

In determining the services corridor the applicant is to have regard to fire fighting requirements and access to hydrants as well as minimum setbacks to light poles. Council suggests that a nominal verge will be required to accommodate the reticulation of services.

The revised layout plan must be submitted and endorsed by the Chief

Executive Officer prior to the issue of a operational works permit or building approval. All works must be carried out in accordance with the approved plan prior to approval and dating of the Plan of Survey.



Contributions must be paid at the rates applicable at time of payment. Payment is required prior to approval and dating of the Plan of Survey. 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. Payment is required prior to approval and dating of the Plan of Survey. Road Network Contributions 6. Pay a monetary contribution to Council in accordance with the Planning


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

Payment is required prior to approval and dating of the Plan of Survey. Stormwater Quality 7. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the improvement of Stormwater Quality. Contributions must be paid at the rates applicable at time of payment. Payment is required prior to approval and dating of the Plan of Survey.

29


Stormwater Mitigation 8. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision or augmentation of stormwater drainage services.

Contributions must be paid at the rates applicable at time of payment. Payment is required prior to approval and dating of the Plan of Survey. Public Park and Community Land Contributions 9. Pay a monetary contribution to Council in accordance with the Planning


the present method of calculation, the contributions are $140,389.00 (47 EDUs).

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




the present method of calculation, the contributions are $9,600 ($200 / Lot). Payment is required prior to approval and dating of the Plan of Survey. Water Supply and Sewerage Works External 11. Undertake the following water supply and sewerage works external to the


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;



c. Construct a sewer main to connect the site to the sewer pump station in

Kambarra Street;

30


d. Provide a sewer connection point for the adjoining property at Skull Road, Lot 2NR1833.


the FNQROC Development Manual. 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.

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 Plan of Survey.




accordance with The Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008;

c. Private Water and Sewerage infrastructure must be managed by a

Community Management Scheme. If the development consists of more than one Body Corporate within Lot 3 on NR1833 a parent Body Corporate shall be established to manage the operation and maintenance of the internal water and sewerage infrastructure.


the FNQROC Development Manual. 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.


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

Inspection of Sewers 13. 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.

31



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 developer’s cost, prior to the commencement of use.

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





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.



carried Cr Cooper returned 11:07 a.m. Cr Lesina left the meeting 11:08 a.m.

11. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME - EDUCATIONAL ESTABLISHMENT, INDOOR AND OUTDOOR ENTERTAINMENT, DEVELOPMENT PERMIT FOR EDUCATIONAL ESTABLISHMENT – 54L MAHER ROAD, GORDONVALE – DIVISION 1 ...................................................................................................227 Nick Bowden: 8/8/1062: #2177518

GREGORY / COCHRANE A. That Council approve the development application for a Preliminary

Approval Overriding the Planning Scheme over land described as Lot 54 on

32


SP161124, located at 54L Maher Road Gordonvale subject to the establishment of a framework for “Djarragun College Special Development” including:

(1) Djarragun College Planning Area Map (2) Tables of Assessment for the Djarragun College Planning Area (3) Djarragun College Planning Area Code (4) Djarragun College Land Use Definitions B. That a unique property notation be placed over the land identifying that the

land is subject to “Djarragun College Special Development”. C. That Council REFUSE the development application for a Development Permit

for Material Change of Use Educational Establishment at Lot 54 on SP161124, located at 54L Maher Road Gordonvale for the following reasons:

1. The application contains insufficient detail in order to allow Council to

make an assessment of the merits of the proposal. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference


Department of Infrastructure and Planning

RAC12/Ben Collings/DIP

6 March 2009 1988042

Environmental Protection Agency

332932 16 February 2009 1970548

Department of Main Roads

214/10P/102 (1486.03)

23 January 2009 1952531

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




33



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


carried

12. PRELIMINARY APPROVAL FOR BUILDING WORK (CODE ASSESSMENT) EXTENSIONS TO A HOUSE (CHARACTER PRECINCT) – 18 GRIMSHAW STREET PARRAMATTA PARK – DIVISION 5 ...................................................................................268 T Read : 8/7/1702 : 2207217

BLAKE / COOPER That Council approves the development application for extensions to a house (Character Precinct) over land described as Lot 11 RP 701332, located at 18 Grimshaw Street Parramatta Park, 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 Drw 011 GRI sheet 1 of 3 June 2009 Elevations Drw 011 GRI sheet 2 of 3 June 2009 ASSESSMENT MANAGER CONDITIONS 1. The applicant/owner must at all times during development of the subject





Except where modified by these conditions of approval.

34


Timing of Effect 2. The conditions of the Development Permit must be effected prior to


Amendment to Design 3. The proposed building works must be redesigned to accommodate the

following changes: a. the outdoor dining gazebo should be a free standing roofed structure

which is open on three sides with a solid wall behind the kitchenette. Details of the above amendments must be endorsed by the Chief Executive

Officer prior to issue of a Development Permit for Building Work. Water Saving 4. All toilet devices in the development must be fitted with dual flush cisterns



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 6. All floor levels in all new buildings must be located 150 mm above the Q100

flood immunity level of 2.7 metres AHD, plus any hydraulic grade effect (whichever is the greater), in accordance with FNQROC Development Manual and Planning Scheme requirements. Council’s current records indicate existing ground levels of approximately 2.7 - 3 metres.

Gazebo 7. The use of the gazebo shall be for purposes ancillary to the residential use

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


35







relevant Local Laws and other statutory requirements. 5. For information relating to the Integrated Planning Act 1997 log on to


carried Cr Lesina returned 11:11 a.m.

13. APPEAL AGAINST ICONIC PANEL DECISION FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) HOLIDAY ACCOMMODATION & MULTI-UNIT HOUSING – 20-30 LANGLEY ROAD PORT DOUGLAS – DIVISION 10 .........................................275 S M Cook : 8/7/1545 : 2314142

LEU / FORSYTH That Council resolve to appeal the Decision of the Douglas Shire Iconic Places Panel for issuing a Development Permit for Multi-Unit Housing and Holiday Accommodation over land described as Lot 5 on RP804926, located at 20 – 30 Langley Road, Port Douglas on the following grounds: 1. Amended condition 35 of the Development Permit fails to effectively embody

the intention of the Cairns Regional council’s original condition, as presented to the Panel in Council’s recommendation.

carried

36


14. MATERIAL CHANGE OF USE - TOURIST ATTRACTION - (WATER BASED THEME PARK) – CAPTAIN COOK HIGHWAY/DILLON ROAD BARRON – DIVISION 8 .................................................................306 Nick Bowden : 8/8/1082 :2015353

COCHRANE / BLAKE This item be deferred to next Planning and Environment meeting carried Cr Blake left the meeting 11:39 a.m. Cr Blake returned 11:41 a.m. Cr Pyne left the meeting 11:42 a.m.

15. MATERIAL CHANGE OF USE (CODE ASSESSMENT) SPECIAL RESIDENTIAL ACCOMMODATION OR RETIREMENT VILLAGE – 7-27 MCLACHLAN STREET MANUNDA ...........................................371 Nick Bowden 8/7/1625 : #2062222

FORSYTH / COOPER a. That Council refuse the request for Material Change of Use for Special

Residential Accommodation at 7-27 McLachlan Street Manunda more particularly described as Lots 1-36 on SP182171.

b. That Council approves the request for Material Change of Use for Retirement

Village at 7-27 McLachlan Street Manunda more particularly described as Lots 1-36 on SP182171 subject to the following:


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.

37


Timing of Effect 2. The conditions of the Development Permit must be effected prior to


Water Supply Contributions 3. Pay a monetary contribution for any additional dwelling unit to Council

in accordance with the Planning Scheme Policy towards the provision of water supply infrastructure.


Payment is required prior issue of a Development Permit for Building

Work. Wastewater Contributions 4. Pay a monetary contribution for any additional dwelling unit to Council

in accordance with the Planning Scheme Policy towards the provision of sewerage infrastructure.



Work. Road Network Contributions 5. Pay a monetary contribution for any additional dwelling unit to Council

in accordance with the Planning Scheme Policy towards the provision and upgrading of the road network.



Work. Community Purpose Infrastructure Contributions 6. Pay a monetary contribution for any additional dwelling unit to Council

in accordance with the Planning Scheme Policy towards the provision of Community Purpose Infrastructure.

Contributions must be paid at the rates applicable at time of payment. Payment is required prior issue of a Development Permit for Building

Work.

38


Stormwater Mitigation 7. Pay a monetary contribution for any additional dwelling unit to Council

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



Work. Stormwater Quality 8. Pay a monetary contribution for any additional dwelling unit to Council

in accordance with Council’s Trunk Infrastructure Contributions Policy towards the improving Stormwater Quality.



Work. Public Art 9. Pay a monetary contribution for any additional dwelling unit to Council

in accordance with Council’s General Policy – Public Art towards the provision of Public Art within the community.

Contributions must be paid at the rates applicable at time of payment. Payment is required prior issue of a Development Permit for Building

Work. Limitation of Use 10. The use of the premises as Special Residential Accommodation must

cease entirely prior to any occupation of the premises for the purposes of a Retirement Village.

Vehicle Parking 11. The amount of vehicle parking must be twenty eight (28) 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 manoeuvering areas must be imperviously sealed, drained and line marked.

39


Protection of Landscaped Areas From Parking 12. 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

13. 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 McDonnell and McLachlan Street frontages.

Physical Means of Speed Control at Driveway Exit 14. The vehicular driveways serving the parking areas must include a

physical means of speed control at the entry/exit point. Speed control devices shall be designed and located to ensure that they do not interfere with vehicle manoeuvring.

Details of the speed control device must be submitted and approved by

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

Central Walkway 15. The central (1.5m wide minimum) walkway running in a north–south

direction through the entire complex be provided with a 1.5m wide roof for its full length except where the pathway merges with the existing central car park. The covered walkway is to incorporate seating and link with the gazebos as shown on the application plans.

Private Outdoor Courtyards 16. Each unit is to be provided with at least 6m² of roofed private outdoor

courtyard linked to each unit as shown on the application plans, the courtyard roof shall also provide protection to the entrance of each unit to the satisfaction of the Chief Executive Officer.

Screen Fencing 17. The applicant/owner must provide a screen fence (minimum height of

1.8 metres with no gaps) or equivalent, to the southern boundary adjoining the Squash Centre site, to the satisfaction of the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

40


Water Saving 18. All new toilets in the Retirement Village must be fitted with dual flush

cisterns and water flow regulators must be fitted to all new shower recesses, bathrooms and kitchen facilities where applicable to generally restrict water flow to 9 litres of water per minute, all to the satisfaction of the Chief Executive Officer.

Minimum Fill and Habitable Floor Level 19. All habitable floor levels in new buildings must be located 300mm

above the Q100 flood immunity level, in accordance with Development Manual Guidelines and Planning Scheme requirements.

Site Orientation 20. To assist in orientation, way-finding, internal movement, and

emergency service access the development should include; sign posting, direction boards and natural and built landmarks and other ‘cues’ such as colour and decorative planting to give identity to different parts of the site. In particular details of the proposed materials and colour scheme for the external walls, features and roof of the buildings must be submitted at the time of lodgement of a Development Application for Building Works and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.

On-site Manager 21. The Complex must have an on-site live in Manager/s, this is to be

included in the management plan, or equivalent document, for the Retirement Village.

General Storage 22. A covered and secure storage area is to be provided in the vicinity of

the Main Building as shown on the application plan, to accommodate a minimum of 10 bicycles and any other storage needs of the residents and to supplement the storage areas provided with each unit.

Storage Lockers 23. Secure storage areas are to be provided in proximity to each unit as

indicated on the application plan. The storage areas shall be made available to each resident, and shall have a minimum floor space of 2m² per unit and a minimum height of 2 metres.

41


Construction 24. The applicant/owner must ensure that on completion of any on-site

construction works the subject land is maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer.

Crime Prevention Through Environmental Design: 25. The applicant/owner must ensure that all lighting and landscaping

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

Clothes Drying Facilities

26. A clothes drying rack shall be provided for each unit. The racks shall

be appropriately screened from view from adjoining units. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency



Department of Transport & Main Roads

214/649/102 (1655.01)

01/06/09 2123387

Department of Environment and Resource Management

IPAROI 507009 29/05/09 2164532



2. The applicant is advised that the existing use of the site for Special

Residential Accommodation is still considered to be unauthorised until such time as all conditions of the approval are effected.



42


4. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.



carried

16. NEGOTIATED DECISION - COMBINED APPLICATION - MULTI-UNIT HOUSING & RECONFIGURING A LOT – 5L CAPTAIN COOK HIGHWAY SMITHFIELD – DIVISION 9 ..........................................412 G Warner : 8/30/94 : #2142912

WITHDRAWN AT APPLICANTS REQUEST.

17. JUSTIFICATION TO PURCHASE GOODS OR SERVICES - CULVERTS FOR COOPER CREEK CROSSING UPGRADE.............445 Fiona Dix :fd : 1/3/21-09: #2319580

LEU / LANSKEY That Council resolves, in accordance with Section 486(1)(f)(i) of the Local Government Act 1993 that culverts for installation at Cooper Creek Crossing be purchased from Rocla Pty Ltd for the quoted price of $172,120.85 (excluding GST) under the arrangement made by the Department of Queensland Transport and Main Roads with pre-qualified suppliers. carried

18. PROPOSED MOU FOR WATER BUSINESS ALLIANCE – CAIRNS, TOWNSVILLE AND MACKAY........................................................448 Bruce Gardiner : 1/58/13 : 2324257

COOPER / LANSKEY That Council 1. Endorse the Memorandum of Understanding for the development of the CTM

Water Alliance between Cairns Regional Council Water & Waste, Townsville Water and Mackay Water.

2. Nominate the Chairman of the Water & Waste Committee and the General

Manager of the Water & Waste Department as members of the Alliance Executive Committee.

43


3. Delegate authority to the Mayor and the Chief Executive Officer, in accordance with Section 472 of the Local Government Act 1993, to negotiate and finalise any and all matters in relation to the MOU.

carried Cr Pyne returned 11:52 a.m.

19. ALEXANDRA STREET SEWERAGE IMPLEMENTATION PLAN -DIVISION 10 .................................................................................470 Ricky Hewitt: RH : 24/22/295 : #2319589v1

LEU / BONNEAU That Council :

1. Adopt the Implementation Plan for the construction of the Alexandra Street sewerage reticulation scheme, Division 10;

2. Delegate authority to the Mayor and Chief Executive Officer under

Section 472 of the Local Government Act 1993 to enter into individual contracts with those property owners who wish to connect to the low pressure sewerage main and to obtain an easement over the pipeline in Lot 2 on SP101232.

carried

20. BOTANIC GARDENS VISITOR CENTRE PCP9245 – BUILDING ARCHITECTURAL CONCEPT AND LOCATION..............................476 Wayne Dagleish: #2322193v1

COCHRANE / LANSKEY That Council: a) reaffirms the location of the planned Cairns Botanic Gardens Visitors Centre

adjacent to Tank 5, in accordance with the adopted Master plan for the precinct; and

b) approves proceeding with detail design of the Visitors Centre, guided by the

following statements of intent: i) construction of a low key building that seeks to compliment the

immediate environs rather than to dominate, ii) construction of a building that is low and long in style rather than of a

more rounded style, and iii) design of a building, that balances within the available budget, the need

to achieve the best building layout and function possible AND a range

44


of functional "green" elements (without the need to target the highest green star accreditation).

carried with Councillors Leu and Lesina voting against the motion.

21. COUNCIL GRANTS PROGRAM POLICY ........................................485 Jennifer Hunter: 1/58/16-02: #2147029v2

COCHRANE / PYNE That Council: a) Adopts the attached Council Grants Program Policy, superseding the existing

Sport, Recreation, Community Development and Arts Grant Program Policy (1:06:09); and

i. references the attached funding guidelines and application forms for:

- Sport and Recreation Grants, - Community Development Grants, - Arts and Cultural Grants, - Sport, Recreation, Community, Arts and Cultural In-Kind Assistance, - Community Organisation Sustainability Grants, - Community Partnership Grants; and

b) That the assessment process for these grants be as follows:

• Sport & Recreation Grants – Reference Group assessment for 2009 round with Councillor workshop assessment process from 2010,

• Community Development Grants – Councillor workshop process, • Arts & Cultural Grants – Councillor workshop process, • Community Organisation Sustainability Grant – Councillor workshop

process, Community Partnership Grants – Councillor workshop process; and

c) Delegates authority to the Chief Executive Officer pursuant to Section 472 of

the Local Government Act 1993 to make changes to the funding guidelines and application forms where changes are found to be necessary to improve the operational effectiveness of these documents.

carried with Councillors Schier, Leu, Forsyth, Lesina and Lanskey voting against the motion. Cr Cochrane left the meeting 12:20 p.m. Cr Cochrane returned 12:23 p.m.

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GENERAL BUSINESS

1. PRIVATE LANDING OF PLANES ON PUBLIC ROADS GREGORY / PYNE

Council to investigate the status of private landing of planes on road reserves with Cairns Regional Council and report back to Council. carried CLOSED SESSION BLAKE / COOPER COUNCIL RESOLVE INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA: Cr Schier left the meeting 12:26 p.m. Cr Schier returned 12:28 p.m. Cr Gregory left the meeting 12:34 p.m. Cr Gregory returned 12:36 p.m.

1. PREJUDICIAL MATTER - RESOLUTION OF APPEAL - MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - MULTI UNIT HOUSING – BRUCE HIGHWAY AND ANDERSON ROAD WOREE – DIVISION 3 1 Luke Jackson : 8/8/962 : #2206778

2. CONTRACTUAL MATTER - CONTRACT NO. 75287 ALEXANDRA STREET SEWERAGE SCHEME – DIVISION 9 ................................. 47 A. Barrett: 24/20/81-01:#2162082 v2.

3. CONTRACTUAL MATTER – CONTRACT NO. 55220 – CAIRNS REGIONAL TENNIS FACILITY – DIVISION 7 ................................. 54 Heather Vaughan: 10/23/22-01: #2210587v1

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4. CONTRACTUAL MATTER – CONTRACT 2183 – PROVISION OF CLEANING SERVICES FOR SPENCE STREET ADMINISTRATION BUILDING, MOSSMAN ADMINISTRATION BUILDING, MOSSMAN DEPOT AND MARTYN STREET DEPOT (LATE AGENDA ITEM) ..... 64 Lisa Giacomi: 19/3/117-02: #2322470v1

carried OUT OF CLOSED SESSION COUNCIL RESOLVE TO MOVE OUT OF CLOSED SESSION BLAKE / LESINA carried RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

1. PREJUDICIAL MATTER - RESOLUTION OF APPEAL - MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - MULTI UNIT HOUSING – BRUCE HIGHWAY AND ANDERSON ROAD WOREE – DIVISION 3 1 Luke Jackson : 8/8/962 : #2206778

BLAKE / COCHRANE That Council resolve to settle Planning and Environment Appeal No 90 of 2009 and approve the development application for Multi Unit Housing (including managers residence and shop) over land described as Lot 4 SP167907, located at the Bruce Highway and 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 expression means:

Drawing or Document Reference Date Semi Basement Plan M-00 Rev 5 May 2009

Site Plan – level 1 M-01 Rev 5 May 2009 Site Plan – level 2 M-02 Rev 5 May 2009 Site Plan – level 3 M-03 Rev 5 May 2009

Typical Elevations/Section

M-04 Rev 5 June 2009

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Drawing or Document Reference Date Figtree Pocket Villas L01 – Issue 2 12 August 2009

- L02 – Issue 2 12 August 2009 - L03 – Issue 2 12 August 2009 - L04 – Issue 2 12 August 2009

Figtree Pocket Villas – Elevations showing tree

screening

L05 – Issue 2 12 August 2009

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


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

changes: a. The addition of external visual elements and other modifications to

provide an appearance of high visual/architectural merit and amenity to the Bruce Highway and Anderson Street. Elements that could be introduced include, but should not be limited to, window hoods, varying window patterns and types, articulation, wall extensions, altered roof shapes including gables, skillions and pitches, louvres to balconies and windows, external wall treatments such as rendering, stonework, and utilising a variety of materials such as timber (lattice, louvres, panels), corrugated iron, glazing, cloth, and masonry. A colour visual perspective to scale from both the Bruce Highway and Anderson Road is to be submitted to Council.

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b. Selection of building colour (by a qualified professional) to promote diversity in light and shade and create a suitable backdrop when viewed from outside the site;

c. The semi basement car park is not to protrude above the natural

ground level by more than a maximum of 1250mm measured from natural ground level to the underside of the slab forming the roof of the semi-basement parking area.

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

Officer prior to issue of a Development Permit for Building Work. Entry Gates 4. The proposed entry gates to the site are to be kept open from 8.00am to

6.00pm Monday to Friday. 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.

Landscaping Plan 7. The site must be landscaped in accordance with details included on a

Landscaping Plan. The Landscaping Plan must show: Amendments a. Additional landscaping is to be provided over car parking spaces

nominated by Council adjacent to the widened area of the Bruce Highway Service Road and Anderson Street to increase screening of the proposed buildings.

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. The fig trees marked as being retained on the site plan must be retained and form part of the landscaping plan.

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b. The root zones of the fig trees to be retained are to be fenced off during the construction phase of the development and are not to be damaged, cut or removed at any time.

c. The inclusion of individual character through landscape design and plant species for the various streets within the development;

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

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

as Declared or Environmental Weeds or constitute an Invasive Species; f. Provide a hierarchy of planting, which includes shade trees, shrubs and

groundcovers;

g. Planting of the footpath with trees, using appropriate species with regard to any overhead powerline constraints;

Hard Landscaping Works a. Natural and finished ground levels including details of all retaining

works; b. Details of any perimeter, private yard or street fencing; c. 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.




Payment is required prior to commencement of use or approval and dating

of the Building Format Plan, whichever occurs first.

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




of the Building Format Plan, whichever occurs first. Road Network Contributions 10. 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 $719,764.79 (132 ERAs).


of the Building Format Plan, whichever occurs first. Community Purpose Infrastructure Contributions 11. Pay a monetary contribution to Council in accordance with the Planning


the present method of calculation, the contributions are $347,852 (437 EPs). Payment is required prior to commencement of use or approval and 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.


the present method of calculation, the contributions are $15,622.29 for Stormwater Quality.


of the Building Format Plan, whichever occurs first.

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the present method of calculation, the contributions are $26,100. Payment is required prior to commencement of use or approval and dating

of the Building Format Plan, whichever occurs first. Water Supply & Sewerage Infrastructure Plan 14. A water supply and sewerage infrastructure plan and supporting information

including hydraulic network analysis must be submitted demonstrating how the development will be serviced by Council’s Infrastructure. In particular the plan must:-

a. Identify external catchments that will be connected to the internal

sewer or water networks; and b. Identify any reticulation and trunk infrastructure external to the

subdivision that may require upgrading to accommodate the development;

c. Provide staging and timing of infrastructure upgrade.

The water supply and sewerage infrastructure plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Water Supply and Sewerage Works External 15. Undertake the following water supply and sewerage works external to the


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;



c. Extend sewer from a point that has sufficient capacity to service the

development.

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

c. Sewerage pump stations shall be privately owned and maintained. All

the above works must be designed and constructed in accordance with the FNQROC Development Manual.


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

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.

Inspection of Sewers 17. CCTV inspections of sewers must be undertaken for any sewers that will

become an asset of Council An assessment of 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 prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.


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

Water Saving 19. All toilet devices in the development must be fitted with dual flush cisterns


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Refuse Storage 20. 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.

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

bucket trap. Liquid Waste Disposal 22. Trade waste discharge to sewer must meet the requirements of CRC Water

and Waste’s Trade Waste Environmental Management Plan (TWEMP). Vehicle Parking 23. The amount of vehicle parking must be 305 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.

Vehicle Wash Bay 24. Three vehicle wash bays must be provided. The wash bays 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.

Protection of Landscaped Areas From Parking 25. 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 26. 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 Street frontage and the proposed service road frontage upon its completion.

Bicycle Parking 27. 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 93 spaces. The bicycle parking area must be constructed prior to Commencement of Use.

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Lighting 28. 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 29. Undertake the following works external to the land at no cost to Council:

a. Construct a 2.0 metre wide concrete footpath to the service road and Anderson Road frontages in accordance with FNQROC Development Manual Standard Drawing 1035;

b. Construct access (and all associated on-street works) to the

development generally in accordance with DMR's preliminary plan PD 446.

c. Provision of a concrete crossover and apron in accordance with

FNQROC Development Manual Standard Drawing 1015; d. Upgrade the street lighting to comply with requirements of the FNQROC Development Manual;

e. 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.

f. Construct kerb and channel to the Service Road and Anderson Road frontages generally in accordance with DMR's Preliminary Plan PD 446 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.

Above Ground Transformer Cubicles/ Electrical Sub-Stations 30. 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

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

Under Grounding of Electricity Supply 31. All electricity lines along the full frontages of the subject site are to be

placed underground. Such works are to be undertaken by Ergon Energy or an Ergon Energy approved contractor at the applicant’s expense.

Street lighting along the full frontages is to be upgraded to the applicable

Lighting Category and lighting columns are to be of steel construction. Ergon Energy must be notified of these requirements when making

application for power supply. All works must be completed prior to Commencement of Use or approval

and dating of the Building Format Plan, whichever occurs first. Revised Drainage Study of Site 32. Provide a revised drainage study on the subject land reflecting a fully

developed catchment. An independent analysis of the catchment area, conducted by GHD indicated that the drain along the southern boundary was at / near capacity. The revised report is to reference the content and findings of the GHD report and reconcile the differences between the reports/ calculations to the satisfaction of the Chief Executive Officer.

The revised report is to show how the site drains to a legal point of

discharge OR, alternatively, obtain written approval permitting discharge from the site from downstream property(s) owners until such time as the stormwater is delivered to a lawful point of discharge. All stormwater discharging from the subject land shall be contained within an easement. The width of the easement shall be 3m or the width of the Q100 flow - whichever is the greater.

The revised drainage study is to be certified by an RPEQ, ensuring all

Stormwater discharge must be accordance with the requirements of Council's Development Manual (FNQROC) and the Queensland Urban Drainage Manual (QUDM) must be endorsed by the Chief Executive Officer prior to the issue of Operational Works Approval.


discharge, or alternatively attain written consent from the owners of the neighbouring properties permitting discharge, such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

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Waste Management 34. Prior to the issue of the Operational Works Approval, demonstrate to the

satisfaction of the Chief Executive Officer how it is proposed to service the subject land for the storage and pick up of refuse bins such that it does not adversely affect the flow of traffic.

Sediment and Erosion Control 35. The 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).

Acid Sulfate Soils – Basement/Pool Disturbance

36. The basement/pool excavation proposed may result in disturbance of potential acid sulfate soils (PASS). Prior to excavation, in association with a geotechnical assessment, an acid sulfate soil investigation must be undertaken. The investigation must be performed in accordance with the latest ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ produced by the Department of Natural Resources and Water, and State Planning Policy 2/02 – Planning and Managing Development Involving Acid Sulfate Soils. Where it is found that PASS exist, treatment of soil must be undertaken on-site to neutralise acid, prior to disposal as fill, in accordance with the DNRM ‘Queensland Acid Sulfate Soil Technical Manual’.

Basement Parking 37. Submit a report prepared by a qualified and experienced, registered

engineer on the basement parking and a separate report prepared by a qualified and experienced hydrologist on the dewatering process. Both reports must be endorsed by the Chief Executive Officer prior to commencement of any works on the site.

a. The basement parking report must include, but is not limited to the

following: i. Construction techniques; ii. Techniques to imperviously seal the basement; and iii. Method of basement ventilation. b. The dewatering report must include, but is not limited to the following: i. Method of water extraction pre and post development and the

layout of the dewatering pumps and pipelines; ii. Water quality; iii. Lawful discharge of water; and

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iv How the results (being the form & frequency) will be reported to Council.

c. The access to the basement parking area must be designed to prevent

100 year ARI flood waters from entering the basement parking area and must have a minimum vertical clearance of 2.1 metres.

Wildlife 38. 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 39. Council’s Development Assessment Branch must be notified two business

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

Screen Fence 40. A screen fence must be provided to the side and rear boundaries of the

subject land 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 to Anderson Road 41. Any proposed fences and/or walls to the Anderson 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.

Details of the street 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.

Fencing of Pool Areas 42. Attractive screen fencing is to be provided between the car parking areas

and the swimming pool areas to provide an aesthetic barrier between the two areas. 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.

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Use of Shop 43. The shop located within the development is to be used exclusively for

residents and visitors only. At no time is the shop to be advertised as being available to non-residents and their guests.

Details Of Development Signage 44. The development must provide clear and legible signage incorporating the

street number for the benefit of the public. Advertising Signage 45. 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 46. The applicant/owner must ensure that all lighting and landscaping

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

Health 47. 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).

48. Swimming pool water quality must be maintained in accordance with the

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

49. The applicant must obtain an acoustic report prepared by a suitably qualified

acoustic consultant which: 1. Demonstrates that the development can be located and designed to

meet indoor design level noise criteria to achieve average maximum sound level (10.00 pm - 6.00 am) not greater than 50 decibels(dB) (to be achieved within bedrooms and living areas) as set out in Queensland Transport’s Interests in Planning Schemes No.3, and

2. Demonstrates that the development can be located and designed to

meet external design level noise criteria as set out in the Environmental Protection (Noise) Policy 1997, specifically:

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a. 65dB(A), assessed as the 24 hour average equivalent continuous

A-weighted sound pressure level; and b. 87dB(A), assessed as a single event maximum sound pressure

level when measured 1 m from the most exposed part of the noise sensitive place.

50. 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.

51. 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.

52. 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.

53. 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.

Security

54. A security bond of $75,000 being $25000 for each of the three large ficus tree

species located at the site must be provided to Council. The bond can be in the form of a cash bond or bank guarantee and must be submitted to Council prior to the issue of a Development Permit for Building Work.

The bank guarantee will be released upon the completion of the development

and upon the satisfactory completion of the works in close proximity to the trees. Should the trees be damaged, Council has the ability to retain the bond until such time as the trees survival is ensured. In the event that the trees are damaged and do not survive then Council has the ability to cash in the bond.

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Vegetation Protection 55. The protection measures employed in the protection of the trees are to be in

accordance with Australian Standard AS4970-2009 Protection of trees on development sites. Any pruning of the subject trees must be approved by Council and be in accordance with AS4373-2007 – Pruning of amenity trees.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrence Agency



Department of Main Roads

214/10P/102(3364.01) 16 Sept 2008 1833724

Queensland Transport

CRN – 143 (S015CAI) 2 May 2008 1702614

Department of Natural Resources

and Water

IC0308CNS0012 7 May 2008 1833724




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. Supporting documentation outlining the required information for the

Dewatering Report is attached to this Development Approval. Further information can be obtained from Council’s Environmental Protection Unit on (07) 4044 3044.

4. This approval does not negate the requirement for compliance with relevant Local Laws and statutory requirements. 5. For information relating to the Integrated Planning Act 1997 log on to


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6. 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.

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

2. CONTRACTUAL MATTER - CONTRACT NO. 75287 ALEXANDRA STREET SEWERAGE SCHEME – DIVISION 9 ................................. 47 A. Barrett: 24/20/81-01:#2162082 v2.

LEU / GREGORY That Council upon sealing of at least two of the connection agreements, award Contract No. 75287 – Alexandra Street Sewerage Scheme to FGF Developments Pty Limited for the total lump sum of $228, 484.15 excl. GST. That the Mayor and the Chief Executive Officer be given delegated authority in accordance with Section 472 of the Local Government Act to negotiate and finalise any and all matters in relation to the Contract. carried

3. CONTRACTUAL MATTER – CONTRACT NO. 55220 – CAIRNS REGIONAL TENNIS FACILITY – DIVISION 7 ................................. 54 Heather Vaughan: 10/23/22-01: #2210587v1

FORSYTH / COCHRANE That Council award Contract 55220 to Court Craft for the lump sum amount of $2,750,043.35 for the construction of the civil component of the works associated with the Cairns Regional Tennis Facility, subject to: i) obtaining approval to proceed to construction from Tennis Queensland and

from Sport and Recreation Queensland, and ii) finalisation of the Land Management Plan process for the North Cairns

Reserve. carried with Councillor Pyne voting against the motion.

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4. CONTRACTUAL MATTER – CONTRACT 2183 – PROVISION OF CLEANING SERVICES FOR SPENCE STREET ADMINISTRATION BUILDING, MOSSMAN ADMINISTRATION BUILDING, MOSSMAN DEPOT AND MARTYN STREET DEPOT (LATE AGENDA ITEM) ..... 64 Lisa Giacomi: 19/3/117-02: #2322470v1

COOPER / FORSYTH That: 1. Contract 2183 – Separable Portion 1 for provision of Cleaning Services for

Spence Street Administration Building be awarded to Biniris (Aust) Pty Ltd ACN 071 134 686 at their schedule of rates for the works at a lump sum value of $438,021.07 exclusive of GST for a period of two (2) years with a one (1) year option, in accordance with the conditions contained within the tender;

Rationale: That as Council has been advised that the preferred tenderer has withdrawn their tender, the contract should be awarded to the next highest rating tenderer whom the panel believes can deliver the required service to Council within approved budget.

2. Contract 2183 – Separable Portion 2 for Provision of Cleaning Services for

Martyn Street Depot be awarded to S.K.R.H. Pty Ltd ACN 110 771 643 Trading as Abelia Cleaning Services at their schedule of rates for the works, a lump sum value of $191,770.00 exclusive of GST for a period of two (2) years with a one (1) year option, in accordance with the conditions contained within the tender;

3. Contract 2183 – Separable Portion 3 for Provision of Cleaning Services for

Mossman Administration Building be awarded to Smiths Cleaning & Maintenance ABN 60 065 828 729 at their schedule of rates for the works, at a lump sum value of $75,000.00 exclusive of GST for a period of two (2) years with a one (1) year option, in accordance with the conditions contained within the tender;

4. Contract 2183 – Separable Portion 4 for provision of Cleaning Services for

Mossman Depot be awarded to Smiths Cleaning & Maintenance ABN 60 065 828 729 at their schedule of rates for the works at a lump sum value of $40,000.00 exclusive of GST for a period of two (2) years with a one (1) year option, in accordance with the conditions contained within the tender;

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5. The Chief Executive Officer be delegated authority pursuant to Section 472 of the Local Government Act 1993 to finalise all matters for Contract 2183 and to administer Contract 2183 including any variations to approval of the option, or resolution (whether by legal proceedings or otherwise) of disputes arising from the contract.

carried THE MEETING CLOSED AT 12:42 PM CONFIRMED THIS DAY OF 2009 ………………………… ………………………………………. MAYOR CHIEF EXECUTIVE OFFICER

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