cairns regional council ordinary meeting

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Minutes – Ordinary Meeting 28 October 2015 - #4917767

CAIRNS REGIONAL COUNCIL

ORDINARY MEETING

28 OCTOBER 2015

9:00 A.M.

PRESENT: Cr B Manning (Chairperson) Cr R Bates Cr S Brain Cr L Cooper Cr G Fennell Cr T James Cr M O’Halloran Cr J Richardson Cr J Schilling Cr C Zeiger OFFICERS:

P Tabulo Chief Executive Officer B Gardiner General Manager Infrastructure Services C Posgate General Manager Human Resources and Organisational

Change K Reaston General Manager Planning & Environment L Kirchner General Manager Community, Sport & Cultural Services J Andrejic Chief Financial Officer R Holmes Manager Marketing &Communications L Guy Media Coordinator N Quinn Executive Manager Mayor’s Office P Boyd Manager Strategic Planning and Approvals S Godkin Minute Secretary

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TABLE OF CONTENTS

CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST ................................. 4 PURPOSE OF MEETING ................................................................................................ 4

CONFIRMATION OF MINUTES OF ORDINARY MEETING 23/9/15 ............................. 4

CONFIRMATION OF THE MINUTES OF THE PLANNING & ECONOMIC COMMITTEE MEETING – 14/10/15 ...................................................................................................... 4

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE WATER & WASTE COMMITTEE – 21/10/15 .................................. 4

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE INFRASTRUCTURE COMMITTEE – 21/10/15 ................................ 5

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE GOVERNANCE COMMITTEE MEETING – 21/10/15 ...................... 5

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE COMMUNITY SERVICES COMMITTEE MEETING – 21/10/15 ....... 5

AGENDA ITEMS AS LISTED

1. MATERIAL CHANGE OF USE - OUTDOOR SPORT AND ENTERTAINMENT (MOTORISED RECREATIONAL VEHICLE TRACKS) – 3L MACHANS BEACH ROAD, MACHANS BEACH – DIVISION 8 ....................... 6

C S Garner | 8/7/3316 ELEC | #4911930

2. RECONFIGURING A LOT (2 LOTS INTO 13 LOTS) AND MATERIAL CHANGE OF USE - OUTDOOR SPORT AND ENTERTAINMENT (SPORTS FIELDS) – 124-132 FARMER STREET EDMONTON, 134-144 FARMER STREET EDMONTON – DIVISION 1 ..................................... 16

M Rookwood | 8/30/196 | #4906691v2

3. REQUEST FOR A PERMISSIBLE CHANGE – MULTIPLE DWELLINGS (4 UNITS) – 11 HIBISCUS LANE, HOLLOWAYS BEACH – DIVISION 8 ............ 28

I Elliott-Smith | 8/7/1794 | #4909295v1

4. ANNUAL REPORT FOR CAIRNS REGIONAL COUNCIL 01 JULY 2014 – 30 JUNE 2015 ....................................................................................................... 28

Amanda Agius | 1/3/87-09 | #4903585

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5. APPROVAL OF THE 2015 CAIRNS LOCAL DISASTER MANAGEMENT PLAN .................................................................................................................... 29

I Fell | 10/24/1-03 | #4877616

6. CAIRNS REGIONAL COUNCIL OPERATIONAL PLAN 2015/16 FOR SEPTEMBER 2015 ...................................................................................... 29

Amanda Agius | 1/3/87-09 | #4898394

7. CHIEF EXECUTIVE OFFICER'S STRATEGIC MONTHLY REPORT .................. 29 Pmt | 1/3/37 | #4439510V13

8. REQUEST FOR A PERMISSIBLE CHANGE TO A MATERIAL CHANGE OF USE FOR MULTIPLE DWELLINGS, HOLIDAY ACCOMMODATION, SHOPPING FACILITIES, BUSINESS FACILITIES, DETACHED BOTTLE SHOP AND TAVERN – 48-50 HARTLEY STREET CAIRNS CITY – DIVISION 5 ................... 30

D Favier | 8/30/186 SEDA | #4916891

GENERAL BUSINESS

1. CARAVONICA SCHOOL CAR PARK .................................................................. 39

2. DAVID MAIDEN – QUEENSLAND RUGBY LEAGUE ......................................... 40

3. PETITION - BASKETBALL COURTS ALONG CAIRNS ESPLANDE ................. 40

CLOSED SESSION

1. CONTRACTUAL MATTER – FINANCIAL SUPPORT TO EVENTS 2016-2018 ............................................................................................................. 41

Ashleigh Lowe | 10/2/1-36 | #4892506

2. CONTRACTUAL MATTER – PREFERRED SUPPLIER ARRANGEMENT 2503 SUPPLY ONLY OF REINFORCING STEEL ............................................... 42

Roy Thorpe RHT | 63/1/15-02 | #4897180

3. CONTRACTUAL MATTER – SCHOOL OF ARTS BUILDING UPGRADE CONTRACT 55257 ............................................................................ 42

Heather Vaughan | 26/10/165 | #4889580

4. CONTRACTUAL MATTER - COUNCIL INSURANCE RENEWAL 2015/16 ........ 43 A Agius | 17/46/1-69 | #4759446

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Cr Fennell joined the meeting 9:01 a.m. CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST Cr Manning declared that a perceived conflict of interest in item 8, Request for a Permissible Change to a Material Change of Use for Multiple Dwellings, Holiday Accommodation, Shopping Facilities, Business Facilities, Detached Bottle Shop and Tavern – 48-50 Hartley Street CAIRNS CITY – DIVISION 5, could exist (as per Section 173 of the Local Government Act 2009), due to a business affiliation. He left the meeting taking no part in the debate or decision of the meeting. PURPOSE OF MEETING To consider the matters listed on the agenda.

CONFIRMATION OF MINUTES OF ORDINARY MEETING 23/9/15 SCHILLING/ RICHARDSON That the Minutes of the Ordinary Meeting held on Wednesday, 23 September 2015 be confirmed. carried

CONFIRMATION OF THE MINUTES OF THE PLANNING & ECONOMIC COMMITTEE MEETING – 14/10/15 JAMES / SCHILLING That the Minutes of the Planning and Economic Committee Meeting held on Wednesday, 14 October 2015 be confirmed. carried

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE WATER & WASTE COMMITTEE MEETING – 21/10/15 BATES / FENNELL That the reports and recommendations of the Water & Waste Committee held on Wednesday, 21 October 2015 be adopted. carried

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CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE INFRASTRUCTURE COMMITTEE MEETING – 21/10/15 SCHILLING / FENNELL That the reports and recommendations of the Infrastructure Committee held on Wednesday, 21 October 2015 be adopted. carried

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE GOVERNANCE COMMITTEE MEETING – 21/10/15 COOPER / RICHARDSON That the reports and recommendations of the Governance Committee held on Wednesday, 21 October 2015 be adopted. carried

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE COMMUNITY SERVICES COMMITTEE MEETING – 21/10/15 O’HALLORAN / RICHARDSON That the reports and recommendations of the Community Services Committee held on Wednesday, 21 October 2015 be adopted. carried

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1. MATERIAL CHANGE OF USE - OUTDOOR SPORT AND ENTERTAINMENT (MOTORISED RECREATIONAL VEHICLE TRACKS) – 3L MACHANS BEACH ROAD, MACHANS BEACH – DIVISION 8 ......................................................................................... 4

C S Garner | 8/7/3316 ELEC | #4911930 RICHARDSON / SCHILLING That Council approves the above development application for Outdoor Sport and Entertainment over land described as Lot 3 on SP 258914, located at Machans Beach Road, Machans 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 Site Plan Brazier Motti, Job: 33676/1-

1, Plan: 33676/001 F 9 September 2015

Office and Spectator Viewing Building Plans

‘Office and Spectator Viewing Building’ – Layout and Elevation

Undated, submitted to Council 14 September 2015

Amenities Building Plans

‘Amenities Building’ Undated, submitted to Council 14 September 2015

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.

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Notice of Intention to Commence Use 3. Prior to commencement of the approved use on the site, written notice must

be given to Council that the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced. (See Appendix 2).

Operational Works 4. Development Approval for Operational Works is required for all earth works,

civil works, drainage works, access and landscape works associated with the development.

All such works must be completed to the satisfaction of the Chief Executive

Officer prior to Commencement of Use. Where plans are required to be submitted for approval, three (3) A1 size copies and one (1) A3 size copy of all relevant plans must be submitted.

Public Safety Area 5. All elements of the proposed development aside from landscaping must be

located outside the Public Safety Area (PSA) for Cairns Airport. Water Supply Works Internal 6. Undertake the following water supply works internal to the subject land:-

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

All the above works must be designed and constructed in accordance with

the FNQROC Development Manual. On-site Effluent Disposal 7. A site plan indicating the final location of the Land Application Area (LAA)

for the amenities building, with the LAA and any mechanical and electrical components above the Q100 flood level is to be submitted to Council at the Plumbing Application Stage.

The LAA is to be located as far as practical away from any aquatic recreation

areas; and The system is not to have inflows exceeding 1800 litres per day. The method of on-site effluent disposal must be in accordance with the

Plumbing and Drainage Act 2002. Details of the wastewater treatment system to be installed must be in accordance with report submitted by ETS Geotechnical, Report No.GT15-2020002R Rev 1, dated September 2015, Council Ref #4873858.

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Drainage Study of Site 8. Undertake a local drainage study to determine drainage impacts on

upstream and downstream properties and the mitigation measures required to minimise such impacts. In particular, the post-development discharge of stormwater from the subject site must have no-worsening effect on the drainage of upstream or downstream properties. The study must also identify the need and location of any drainage easements to convey stormwater to the lawful point of discharge. The drainage study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Existing Creek and Drainage Systems 9. All existing creek systems and drainage areas must be left in their current

state, including no channel alterations and no removal of vegetation unless consented to in writing by the Chief Executive Officer.

Necessary approvals from the Department of Natural Resources & Mines

(DNRM) must be obtained for carrying out works in a watercourse. Lawful Point of Discharge 10. 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.

Sediment and Erosion Control 11. Soil and water management measures must be installed/implemented prior

to discharge of water from the site, such that no stormwater flow from the site causes environmental harm (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Or; A sediment and erosion control plan must be submitted prior the issue of a

Development Permit for Operational Works. Such measures must be installed / implemented prior to discharge of water from the site, such that no stormwater flow from the site causes environmental harm (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Flooding 12. The floor level for all buildings and on-site storage facilities for fuels,

chemicals and motorised recreational vehicles shall be provided 1% AEP flood immunity. Council recommends that the finished floor level to be 300mm above the 1% AEP flood level.

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External Works 13. Undertake the following works external to the land at no cost to Council:

a. Construct a rural allotment access and bitumen turnout in front of the proposed access in accordance with FNQROC Development Manual Standard Drawing S1105E.

The proposed works must be included in the application for Operational

Works. Such works must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Off-Street Car Parking 14. The amount of staff/customer vehicle parking must be as specified in the

submitted application details which is a minimum of thirty (30) spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking.

A minimum of ten (10) of the parking spaces and associated manoeuvring

areas must be imperviously sealed, drained and line marked. The full length of the driveway between the road frontage and the parking

area must be sealed and drained. Landscaping 15. The Applicant/owner must landscape the subject land and street frontage in

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

a Dense landscaping to the Machans Beach Road frontage to screen on-

site activities from driver view and to assist with noise attenuation to the properties on Machan Street, to the north. Landscaping is to extend from the boundary with Lot 2 on SP258914 to the eastern edge of the riparian area within the site;

b. Dense landscaping to the eastern boundary with Lot 1 on RP747652

using species that will provide noise attenuation to the properties on Christensen Street, to the east;

c. Planting to the banks of the jet-sprint boat track with a species that will

minimise erosion;

d. Rehabilitation of the disturbed areas of the site resulting from previous earthworks activities;

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e. Plantings and/or fencing to be used to delineate pathways and other areas within the site;

f. Any additional planting required for dust and noise suppression;

g. The use of recommended species for ornamental use as in the Cairns

Airport Land Use Plan (Table 8.5B) in order to limit wildlife hazards, as referred to in P04 and A04.2 of the State Planning Policy Code: Strategic airports and aviation facilities;

h. Species that would not at maturity encroach into the airport’s

operational airspace; and

i. Inclusion of all requirements as detailed in other relevant conditions included in this Development Permit. A copy of this Development Approval must be given to the Applicant’s Landscape Architect/Designer.

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

endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. Areas to be landscaped must be established prior to Commencement of Use and must be maintained at all times, all to the satisfaction of the Chief Executive Officer.

Pest Plant Management 16. A Pest Plant Management Plan in accordance with AP1.34-Pest Plant

Management of the FNQROC Development Manual is to be submitted to Council for endorsement prior to the commencement of Operational Works. This plan should address the presence of all Class 1-3 Pest Plants and any Declared Pest plants under the Cairns Regional Council Subordinate Local Law No. 3 (Community & Environmental management) 2011 Schedule 1-Register for Declared Pest Plant & Animals.

Vegetation Clearing 17. Existing remnant and riparian vegetation on the subject land must be

retained in all areas of the site and not damaged as a result of the approved use. Any future vegetation clearing or works would require an Operational Works Approval.

Limitations on Use 18. Development ensures that:

a. a maximum of two (2) motorised recreational vehicles (not including electric trikes) operate on the site at any one time;

b. the use operates on a booking bases and is not open to drop-in

customers.

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Hours of Operation 19. The hours of operation of all tracks shall be restricted to between 9am to

5pm, Monday to Sunday. Any extension to the above hours will require application to Council.

Vehicle Servicing and Maintenance 20. All vehicle servicing and maintenance must be carried out off the site. Fuel Storage 21. All fuels must be stored in an undercover and secure location at all times. Advertising Signage 22. Signs on the subject land must conform with relevant Local Laws applied

under the Cairns Regional Council Control of Advertising (Application of a Continuing Local Law) to the requirements and satisfaction of the Chief Executive Officer.

Stockpiling and Transportation of Fill Material 23. Soil used for filling or spoil from 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; b. before 7:00 am or after 6:00 pm Monday to Friday; c. before 7:00 am or after 1:00 pm Saturdays; or d. on Sundays or Public Holidays. 24. Dust emissions or other air pollutants, including odours, must not extend

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

Storage of Machinery and Plant 25. The storage of any machinery, material and vehicles must not cause a

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

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Demolish Structures 26. All structures not associated with the approved development (including

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

Rehabilitation of Site 27. All items and materials that have been dumped on the site including but not

limited to: used tyres, mulched vegetation, abandoned vehicles, concrete blocks and rusty machinery parts must be removed from the site prior to Commencement of Use.

Damage to Council Infrastructure 28. In the event that any part of Council’s existing sewer / water, drainage or

road infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to; mobilisation of heavy construction equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s/owners/builders cost, prior to the Commencement of Use.

Refuse Storage 29. Refuse storage and service to the site must be in accordance with a waste

service agreement arranged through Council’s Water & Waste Department. Storage of all potential waste and food sources must be covered so that they

are not accessible to wildlife, particularly birds and bats. Acid Sulfate Soils – Jet Sprint Boat Track 30. The earthworks to create the proposed jet sprint boat track may result in

disturbance of potential acid sulfate soils (PASS). 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 ‘Queensland Acid Sulfate Soil Technical Manual: Soil Management Guidelines’ produced by the Department of Science, Information Technology, Innovation and the Arts, and the State Planning Policy– Appendix 3 SPP code: Water quality.

Fencing 31. The perimeter of the site must be securely fenced in such a way as to

prevent unauthorised use of the facility.

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Electricity and Telecommunications 32 The development is to be provided with an underground electricity supply

and telecommunication service. Dust and other Emissions 33. The development must be undertaken in accordance with a Construction

and Operation Management Plan prepared by a suitably qualified expert that identifies measures to be complied with to ensure that the construction (e.g. sealing of access and car parking areas) and operation of the proposed use will not emit dust, smoke, dust, ash or steam into the airport’s operational airspace.

Operational Airspace & Lighting Emissions 34. The Applicant / owner must provide detailed drawing that shows the

maximum height of both proposed buildings in AHD. Certification must be obtained from the Cairns Airport Pty Ltd, Air Services Australia and the Civil Aviation Safety Authority (CASA) to demonstrate that:

a. all buildings, structures, poles, posts, or other obstacles do not

encroach within the Airport’s operational airspace and Obstacle Limitation Surface (OLS) or Procedures for Air Navigation Services – Airport Operational Surfaces (PANS-OPS) as identified on the Operational Aspects of Cairns International Airport Overlay Maps in Council’s Planning Scheme; and

b. all lighting, cladding and building materials are of an acceptable

standard so as not to impact on the operational aspects of the Airport with regard to light emissions, reflectivity or other emissions.

The Applicant/owner must independently validate compliance with the above

condition at the following times:

a. Prior to the commencement of works on site; and b. Upon completion of construction but prior to the commencement of

use.

All costs associated with meeting the requirements of this condition are to be borne by the Applicant/owner.

35. The Applicant/owner must also provide confirmation to Council that any

encroachments in the Airport’s operational airspace as a result of construction activities, including the use of cranes or other equipment, have been approved by Cairns Airport Pty Ltd International, or other responsible entity, prior to issue of a Development Permit for Building Work.

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Acoustics – Aircraft noise intrusion – Building siting and construction 36. The office/spectator viewing building must be designed to ensure

compliance with AS2021–2000 (2015) Acoustics – Aircraft noise intrusion – Building siting and construction.

Lighting Hazards 37. All external lighting must be designed and constructed by a suitably

qualified person to ensure that it does not increase risk of an aircraft incident and has regard to the Civil Aviation Safety Authority’s Manual of Standards Part 139 – Aerodromes, Chapter 9, Section 9.21 Lighting in the Vicinity of Aerodromes.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

State Assessment Referral Agency

SDA-0715-022580 28 August 2015 #4857566

Refer to Appendix 3: 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 Sustainable Planning Act

2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of section 339 and section 341 of the Sustainable Planning Act 2009.

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 Development Permit does not approve the construction of the proposed

buildings on site. A Development Permit for Building Works is required to be obtained prior to Building Works being carried out.

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

relevant Local Laws and other statutory requirements.

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Infrastructure Charges Notice 5. A charge levied for the supply of trunk infrastructure is payable to Council

towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Adopted Infrastructure Charges Notice has been

calculated according to Council’s Adopted Infrastructure Charges Resolution.

Please note that this Decision Notice and the Adopted Infrastructure

Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.

The amount in the Adopted Infrastructure Charges Notice is subject to index

adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amount prior to payment.

The time when payment is due is contained in the Adopted Infrastructure

Charges Notice. 6. For information relating to the Sustainable Planning Act 2009 log on to

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

LAND USE DEFINITIONS* In accordance with CairnsPlan the approved land use of Outdoor Sport & Entertainment is defined as: Means the use of premises for sport, physical exercise, recreation or public entertainment predominantly outdoors. The use includes facilities commonly described as race track (for cars, motor cycles, horses, dogs, etc), showground, theme park, pony club, commercial sports ground and other facilities based on the appreciation and enjoyment of the natural features of a locality. *This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual. carried

http://www.statedevelopment.qld.gov.au/

http://www.cairns.qld.gov.au/

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2. RECONFIGURING A LOT (2 LOTS INTO 13 LOTS) AND MATERIAL CHANGE OF USE - OUTDOOR SPORT AND ENTERTAINMENT (SPORTS FIELDS) – 124-132 FARMER STREET EDMONTON, 134-144 FARMER STREET EDMONTON – DIVISION 1 ........................... 61

M Rookwood | 8/30/196 | #4906691v2 BRAIN / SCHILLING A. That Council approves the Development Application for Reconfiguring a Lot

(2 Lot into 14 Lots), 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

Concept Plan RPS – Project No. RP121197_09 29/09/2015 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; and b. The following conditions of approval and the requirements of

Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval.

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

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

Lawful Point of Discharge 3. The applicant/owner must ensure that 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 works must be completed in accordance with the FNQROC

Development Manual and to the satisfaction of the Chief Executive Officer, prior to the issue of the Compliance Certificate for Plan of Survey.

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Water Supply Works External

4. Undertake the following water supply works external to the site to connect the site to existing water supply infrastructure:

a. Provide 100mm road crossings and rider main in the verge of

Farmer Street generally in accordance with the Water Layout Plan prepared by Jacobs, Project No. IH068800 (Council Reference #4793685), such that each allotment can be provided with a water service connection to the lot frontage.

The external works outlined above require approval from Council in accordance with Engineering Works 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 issue of a Compliance Certificate for the Plan of Survey.

Water Supply and Sewerage Works Internal 5. Undertake the following water supply and sewerage works internal to

the subject land:

a. Provide a single internal sewer connection to each lot in accordance with the FNQROC Development Manual; and

b. Provide easements having a nominal width of 3m over sewers

within the residential lots which are on a non-standard alignment.

All the above works must be designed and constructed in accordance with 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 issue of a Compliance Certificate for the Plan of Survey.

Inspection of Sewers 6. CCTV inspections of all constructed sewers must be undertaken. An

assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Identified defects are to be rectified to the satisfaction of the Chief Executive Officer prior to issue of a Compliance Certificate for the Plan of Survey.

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Acoustic Treatment 7. An acoustic treatment must be provided to the side boundary of all

residential lots adjacent to Petersen Road, to the satisfaction of the Chief Executive Officer.

External Works

8. Undertake the following external works:

a. Provide a two (2) metre wide concrete footpath along the Farmer Street frontage, in accordance with FNQROC Development Manual Standard Drawing S1035C. A copy is attached at Appendix 3;

b. Reinstate the kerb and channel at the redundant crossover on

Farmer Street; and 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.

The external works outlined above require approval from Council in accordance with Local Law No.1 (Administration) and Local Law No.4 (Local Government Controlled Areas, Facilities and 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.

Access to Hatchet or Battle-axe Lots

9. Construct a single concrete driveway or other approved surface to battle-axe lots extending the full length of the access leg from the adjacent standard residential crossover, constructed in accordance with FNQROC Development Manual Standard Drawing S1015E. Construction of the concrete driveway must be in accordance with FNQROC Development Manual Standard Drawing S1110D. A copy is attached at Appendix 3.

All works must be carried out to the requirements and satisfaction of

the Chief Executive Officer prior to the issue of a Compliance Certificate for the Plan of Survey.

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Access and Services Easement/s

10. Create reciprocal Access Easements over the access handle for Lot 2 and 3, 6 and 7, and 9 and 12 to allow vehicle access and services for each battle axe lot, to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors. The approved easement documents must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

Service Conduits

11. Provide service conduits to all battle-axe lots adjacent to the driveway

together with associated access pits if necessary, to extend from the front boundary to the end of the access driveway.

All works must be carried out to the requirements and satisfaction of

the Chief Executive Officer prior to the issue of a Compliance Certificate for the Plan of Survey.

Existing Services 12. Written confirmation of the location of existing services for the land

must be provided. In any instance where existing services are contained within another lot, the following applies, either:

a. Relocate the services to comply with this requirement; or b. Arrange registration of necessary easements over services located

within another lot prior to, or in conjunction with, the lodgement of a Compliance Certificate for the Plan of Survey creating the lot.

Street Lighting

13. Street lighting is to be upgraded to Lighting Category P3 (Minor Collector Road) along the development’s frontage on Farmer Street. The new Rate 2 street lighting is to be designed in accordance with Section D8 of FNQROC Development Manual and the relevant Road Lighting Standard AS/NZS 1158.

The above conditions relating to electricity supply must be provided to

Ergon Energy at the same time as the application for Network Connection Services.

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Electricity Supply and Telecommunications

14. Written evidence of negotiations with Ergon Energy and the telecommunication’s authority must be submitted to Council stating that both an underground electricity supply and telecommunication services will be provided to all new lots. Such evidence must be provided prior to approval and dating of the Plan of Survey.

15. Where the installation of an electrical substation is required by Ergon

Energy, provision must be made for a pad mount transformer on site. 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 / substations 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. The above conditions relating to electricity supply must be provided to Ergon Energy at the same time as the application for Network Connection Services.

Damage to Infrastructure 16. In the event that any part of Council’s existing sewer, water or road

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 Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s cost, prior to the Commencement of Use.

B. That Council approves the Development Application for Material Change of

Use – Outdoor Sport and Entertainment (Sports Fields), 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

Concept Plan RPS – Project No. RP121197_09 29/09/2015

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ASSESSMENT MANAGER CONDITIONS

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:

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

application submitted to Council; and 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.

Notice of Intention to Commence Use 3. Prior to commencement of the use on the site, written notice must be

given to Council that the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced. (Attached at Appendix 2).

Lawful Point of Discharge 4. The applicant/owner must ensure that 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 works must be completed in accordance with the FNQROC

Development Manual and to the satisfaction of the Chief Executive Officer, prior to Commencement of Use.

Sediment and Erosion Control

5. 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).

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Water Supply and Sewerage Works Internal 6. 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.

All the above works must be designed and constructed in accordance with 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 Commencement of Use.

Refuse Storage 7. Refuse storage and removal to service the site is to be via bulk bins, in

accordance with a waste service agreement arranged through Council’s Water & Waste Department.

External Works 8. Undertake the following works:

a. Provide a rural allotment crossover with culvert treatment and apron in accordance with FNQROC Development Manual Standard Drawing S1105E at Mount Peter Road entrance. See Appendix 3;

b. Provide a dedicated right turn lane (including taper) of adequate

length to the satisfaction of Council on the northbound lane of Mount Peter Road. The turn lanes must be designed and constructed in accordance with Austroads design standards;

c. Provide a left in slip lane (including taper) of adequate length to

the satisfaction of Council for vehicles entering and exiting the site onto Mount Peter Road. The slip lanes must be designed and constructed in accordance with Austroads design standards;

d. Upgrade the street lighting at the intersection of the access to the

development and Mt Peter in accordance with AS/NZS 1158;

e. Provide a two (2) metre wide concrete footpath along the Farmer Street, Petersen Road and Luisa Street frontages, in accordance with FNQROC Development Manual Standard Drawing S1035C. A copy is attached at Appendix 3; and

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f. 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.

The external works outlined above require approval from Council in accordance with Local Law No.1 (Administration) and Local Law No.4 (Local Government Controlled Areas, Facilities and 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.

Bicycle Parking

9. Provide secured, on-site bicycle parking in accordance with Table C2.7

of the AUSTROADS of Guide to Traffic Engineering Practice Part 11 – Parking. The bicycle parking area must be constructed prior to Commencement of Use.

Vehicle Parking 10. The amount of vehicle parking must be in accordance with the

Approved Concept Plan prepared by RPS, Project No. RP121197_09 dated 29 September 2015 which provides a minimum of 160 spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Protection of Landscaped Areas from Parking 11. Landscaped areas adjoining the parking area must be protected by a

150 mm 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 12. 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 (1) sign must be located on the Mount Peter Road and Framer Street frontages. The signage must be maintained at all times to the satisfaction of the Chief Executive Officer.

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Landscaping Plan

13. The site must be landscaped in accordance with details included on a Landscaping Plan. The Landscaping Plan must show:

a. Landscaping generally in accordance with the Approved Concept

Plan prepared by RPS, Project No. RP121197_09 dated 29 September 2015, including, but not limited to:

i. Details of landscaping adjoining vehicle parking and

manoeuvring areas; ii. Details of landscaping within the buffer area between the new

residential lots and Field 2; and iii. Details of planting along the Petersen Road frontage.

b. Inclusion of any other relevant conditions included in this

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

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Screen Fence 14. The applicant/owner must provide a screen fence with a minimum

height of 1.8 metres and maximum gap of ten (10) mm to the boundary of the proposed new residential lots adjoining Lot 2001 on RP887001 and Lot 1 on RP893039, to the satisfaction of the Chief Executive Officer.

Field Lighting

15. The field lighting is to be generally in accordance with Approved Concept Plan prepared by RPS, Project No. RP121197_09 dated 29 September 2015.

16. A Lighting Management Plan must be developed and implemented to

the satisfaction of the Chief Executive Officer to ensure that adequate measures are carried out to minimise the impacts of light spill and views of the floodlight from adjoining residential properties. This involves consultation with adjoining residences affected by the proposed lighting, further monitoring of lighting levels after construction and operation, and development and implementation of options, as necessary, such as window tinting, the provision of window hoods, and planting of mature vegetation along boundary.

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17. All lighting must be designed and constructed to the satisfaction of the

Chief Executive Officer so as to ensure that light emitted and viewed from the subject land does not, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

Crime Prevention Through Environmental Design

18. All lighting and landscaping requirements are to comply with Council’s

General Policy Crime Prevention Through Environmental Design (CPTED).

Stockpiling and Transportation of Fill Material

19. 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; b. before 7:00 am or after 6:00 pm Monday to Friday; c. before 7:00 am or after 1:00 pm Saturdays; or d. on Sundays or Public Holidays.

20. Dust emissions or other air pollutants, including odours, must not

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

Storage of Machinery and Plant

21. The storage of any machinery, material and vehicles must not cause a

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

Details of Development Signage

22. The development must provide clear and legible signage incorporating the street number for the benefit of the public.

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Damage to Council Infrastructure 23. In the event that any part of Council’s existing sewer / water or road

infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to; mobilisation of heavy construction equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s/owners/builders cost, prior to the Commencement of Use.

C. That the following Rates Notation be added to the property file for all new

residential lots:

1. The lot adjoins Petersen Park which has approval for Outdoor Sport and Entertainment (Sports Fields) in accordance with the Community Facilities and Open Space Planning Areas under Development Permit 8/30/196 including four rectangular sports fields and associated facilities and lighting.

2. Direct access to Petersen Park is not permitted from the property.

FURTHER ADVICE 1. Future upgrades to the Petersen Road/ Mount Peter Road intersection,

including new four lane roundabout will require the corner of Lot 1 to be opened as road (Council Reference #4854585).

2. Future Plans to upgrade Petersen Road to four lanes should be considered

when landscaping along the Petersen Road frontage. 3. This approval, granted under the provisions of the Sustainable Planning Act

2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of section 339 and section 341 of the Sustainable Planning Act 2009.

4. 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.

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

relevant Local Laws and other statutory requirements. Infrastructure Charges Notice 6. A charge levied for the supply of trunk infrastructure is payable to Council

towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.

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The amount in the Adopted Infrastructure Charges Notice has been calculated according to Council’s Adopted Infrastructure Charges Resolution.

Please note that this Decision Notice and the Adopted Infrastructure

Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.

The amount in the Adopted Infrastructure Charges Notice is subject to index

adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amount prior to payment.

The time when payment is due is contained in the Adopted Infrastructure

Charges Notice. 7. For information relating to the Sustainable Planning Act 2009 log on to

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

LAND USE DEFINITIONS*

In accordance with CairnsPlan 2009 Planning Scheme the approved land use of ‘Outdoor Sport and Entertainment’ is defined as:

“Outdoor Sport and Entertainment Means the use of premises for sport, physical exercise, recreation or public entertainment predominantly outdoors. The use includes facilities commonly described as race track (for cars, motor cycles, horses, dogs, etc.), showground, theme park, pony club, commercial sports ground and other facilities based on the appreciation and enjoyment of the natural features of a locality.”

*This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual. carried

http://www.dilgp.qld.gov.au/

http://www.cairns.qld.gov.au/

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3. REQUEST FOR A PERMISSIBLE CHANGE – MULTIPLE DWELLINGS (4 UNITS) – 11 HIBISCUS LANE, HOLLOWAYS BEACH – DIVISION 8 ......................................................................................................... 88

I Elliott-Smith | 8/7/1794 | #4909295v1 RICHARDSON / SCHILLING That Council approves the Request for a Permissible Change to the existing Development Approval (Council Ref: 8/7/1794) for Multiple Dwellings (4 Units) over land described as Lot 26 on RP709285, 11 Hibiscus Lane, Holloways Beach, relating to the Negotiated Decision Notice dated 26 February 2010 (Council reference #2452902) on the following grounds: 1. That Council considers condition 26, which requires an underground

electrical supply, an unreasonable imposition given the scale of the development;

2. That condition 26 be amended to read:

Electricity Supply Prior to the Commencement of Use, the Applicant/Owner/Developer must submit to Council a letter from Ergon Energy stating that appropriate provisioning arrangements are available to service the development.

carried

4. ANNUAL REPORT FOR CAIRNS REGIONAL COUNCIL 01 JULY 2014 – 30 JUNE 2015 ............................................................................. 100

Amanda Agius | 1/3/87-09 | #4903585 COOPER / O’HALLORAN That Council: 1. Adopts the Annual Report for the period of 1 July 2014 to 30 June 2015 for

the Cairns Regional Council in accordance with the requirements of the Local Government Act 2009 and associated regulation.

2. Delegates authority to the Chief Executive Officer in accordance with the

Local Government Act 2009 to finalise all matters associated with publishing this report including the auditor-general’s audit report and the 2014/15 Financial Statements

carried

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5. APPROVAL OF THE 2015 CAIRNS LOCAL DISASTER MANAGEMENT PLAN .............................................................................................. 102

I Fell | 10/24/1-03 | #4877616 BRAIN / SCHILLING That Council approves the 2015 Cairns Local Disaster Management Plan. carried

6. CAIRNS REGIONAL COUNCIL OPERATIONAL PLAN 2015/16 FOR SEPTEMBER 2015 .................................................................. 104

Amanda Agius | 1/3/87-09 | #4898394 SCHILLING / O’HALLORAN That Council receive and note the quarterly report against the operational plan for the period ending the 30 September 2015.

carried

7. CHIEF EXECUTIVE OFFICER'S STRATEGIC MONTHLY REPORT. 106 Pmt | 1/3/37 | #4439510V13 SCHILLING / RICHARDSON That Council notes the report. carried

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8. REQUEST FOR A PERMISSIBLE CHANGE TO A MATERIAL CHANGE OF USE FOR MULTIPLE DWELLINGS, HOLIDAY ACCOMMODATION, SHOPPING FACILITIES, BUSINESS FACILITIES, DETACHED BOTTLE SHOP AND TAVERN – 48-50 HARTLEY STREET CAIRNS CITY – DIVISION 5 ......................................................................... 124

D Favier | 8/30/186 SEDA | #4916891 Cr Manning declared that a perceived conflict of interest in the following item could exist (as per Section 173 of the Local Government Act 2009), due to a business affiliation. He left the meeting taking no part in the debate or decision of the meeting. Cr James assumed the chair. SCHILLING / FENNELL A That Council approves the Request for Permissible Change to the

Development Permit Change for Stage 1, being for a Material Change of Use for Multiple Dwellings, Holiday Accommodation, Shopping Facilities, Business Facilities, Detached Bottle Shop and Tavern over land described as Lot 10 on SP 2010303 located at 48-50 Hartley Street/81-83 Spence Street, Cairns City subject to the following:

1. Delete the Approved Drawing(s) and/or Document(s) schedule and

Appendix 1 of the Negotiated Decision Notice dated 30 January 2015 (#4621288) and replace with the following Approved Drawing(s) and/or Document(s) schedule and Appendix 1 of this report:

Drawing or Document

Reference Date

Nova Cairns – Ground Floor Plan

CA Cox Rayner Plan Page 4 (Council reference – #4883455)

August 2015

Nova Cairns – Level CP1


August 2015

Nova Cairns – Level 1 + CP2


August 2015



August 2015

Nova Cairns – Level 3 Podium Deck


August 2015

Nova Cairns – Level 5 Typical Tower Level


August 2015

Nova Cairns – Tower 1 Level 3 Podium Deck


August 2015

Nova Cairns – Tower 1 Level 5 Typical


August 2015

Nova Cairns – Tower 1 Level 15


August 2015

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Drawing or Document

Reference Date

Subpenthouse Nova Cairns – Tower 1 Level 16 Penthouse


August 2015

Nova Cairns – Tower 1 Level 17 Roof Terrace


August 2015

Nova Cairns – Elevations (South)


August 2015

Nova Cairns – Elevations (North)


August 2015

Nova Cairns – Elevations (East)


August 2015

Cairns Nova – Elevations (West)


August 2015

Cairns Nova – 3D Perspective


August 2015

Cairns Nova – Yield Schedule – Tower 1


August 2015

2. Amendment to the following Conditions: Extent of Development Permit 3. This Development Permit approves Tower 1 (Stage 1) and construction

of the podium only for Tower 2 (Stage 2).

For certainty, this Development Permit approves the uses detailed in the Tower 1 Yield Schedule and delineated on plan by the ‘Yield Calculation Staging Line’. Prior to the Commencement of Uses detailed in the Tower 2 Yield Schedule and delineated on plan by the ‘Yield Calculation Staging Line’ a further Development Permit for Stage 2 must be obtained from Council. The following aspects of development are not approved as part of this Development Permit:

a. The ground floor ‘retail’ tenancies (approx. 452 566m2 gross

floor area) attached to the Stage 2 podium and adjoining plaza area as shown on the Stage 1 Ground Floor Plan (CA Cox Rayner Plan Page No. 39 4); and,

b. Tower 2 or any residential development associated with Stage

2 of the proposed development. Approval for these tenancies and any future residential towers for Stage 2 must be sought as part of future Development Applications to Council.

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External Works 13. Undertake the following works external to the land, along the full

length of the property’s Spence Street frontage (unless otherwise specified), at no cost to Council:

a. Construct full width paved footpath and landscaping in

accordance with the Cairns City Centre Master Plan, including but not limited to:

i. Allowance for bin / street furniture; ii. The bus stop area will need to provide disabled access

to footpath levels in accordance with DTMR standards; iii. Stainless Steel Tactile Ground Surface Indicators to be

installed as per AS 1428.4.1:2009 and AS1428.1:2009. b. Provision of a short auxiliary left turn lane and associated line

marking on Spence Street.

The width and capacity of the existing two westbound traffic lanes shall not be affected. The auxiliary left turn lane may require new or reconstructed pavement. Drawings to enable a complete review of the compliance of the proposed access, footpath and on-street work must be submitted to Council. The drawings are to show pavement details of the auxiliary left turn lane, linemarking details, traffic / parking signage details and footpath details. The drawings are also to show details of the bus stop fronting the site.

c. Provide detailed design drawings and implement all external

works as recommended by the endorsed revised traffic impact assessment report.

d. Provision of commercial concrete crossovers and aprons in

accordance with FNQROC Development Manual Standard Drawing S1015B, or other surface treatment as deemed appropriate by Council.

NB: The maximum grade for a cross-over is 3% and when the site fronts and existing footpath the new cross-over must not interfere with existing footpath formation.

e. The edge of the service access crossover must be setback a

minimum of 1.5m from the existing light pole and post mounted switchboard / PE cell controller located on the footpath of the Spence Street road reserve. If this setback cannot be achieved without the need to relocate the said infrastructure, the infrastructure, including the lighting column on the opposite side of Spence Street, must be

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relocated such that the existing opposite pole arrangement and the design illuminance level as specified in AS/NZS 1158 is maintained.

f. Upgrade existing Rate 3 street lighting within the median and

footpath along the Spence Street frontage to Council’s standard LED lighting column to provide improved lighting for the safe movement of vehicular and pedestrian traffic at night;

g. Construct concrete kerb(s) at redundant crossover(s); h. The awning structural columns within the road reserve must

be designed: i. to avoid conflict with services within the road reserve;

and ii. to ensure public safety and structural integrity of the

column(s) is maintained in the event a vehicle collides with the column(s).

i. 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 (ie the provision of temporary kerb ramps if pedestrian diversions are necessary).

The external works outlined above require approval from Council in accordance with the Development Permit for Operational Works required by this approval. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Bicycle Parking 30. Provide secured, on-site bicycle parking in accordance with Table

C2.7 of the AUSTROADS of Guide to Traffic Engineering Practice Part 11 – Parking. Based on the provisions in Table C2.7 (page 90) the minimum number of parking spaces required for the residential component of the development is 85 79 spaces (1 resident space per 3 units, 1 visitor space per 12 units). On-site bicycle parking for the non-residential component of the development must be provided in accordance with the rates specified for each of the

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individual uses. The bicycle parking area must be constructed prior to Commencement of Use.

Landscaping Plan

48. The site, including ground floor public use areas, podium (Level 1) recreational plaza and terraces, must be landscaped in accordance with details included on a Landscaping Plan which is in accordance with the FNQROC Development Manual and Cairns City Centre Master Plan. The Landscaping Plan must show:

a. Proposed methods of integrating the landscape theme with

the streetscape upgrades required along the Spence Street frontage of the property.

b. Planting Design i. The inclusion of individual character through landscape

design and plant species for the roads, public uses areas and outdoor areas within the development;

ii. A planting design that does not include any species that

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

iii. Provide a hierarchy of planting, which includes shade

trees, shrubs and groundcovers. c. The roof terrace must remain un-landscaped d. Hard Landscaping Works i. Hardscape elements such as raised garden beds,

seating areas, street furniture, refuse bins and details of proposed water features

ii. Methods of providing suitable shelter, weather

protection and shade to users of the outdoor areas, including any proposed shade tree planting;

iii. Natural and finished ground levels including details of

all retaining works; iv. Details of any perimeter, private courtyard, terrace, plaza

or street fencing; v. Protection of landscaped areas adjoining parking areas

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

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vi. Bicycle parking in public areas in accordance with conditions of this Development Permit.

Two (2) A1 copies and one (1) A3 copy of the Landscaping Plan must be endorsed by the Chief Executive Officer prior to the issues of a Development Permit for Building Work.

The completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to Commencement of Use. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

3. Delete the following Conditions:

- Condition 21: Vehicle Parking

- Condition 37: Traffic Impact Assessment Report

- Condition 46: Basement Parking and Dewatering 4. Insert the Following new Conditions: Vehicle Parking

#. Provide 167 on-site vehicle parking spaces in accordance with the approved plans and the Car Parking Action Plan prepared by Cardno and dated 12 October 2015 (Council ref: #4903845).

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.

#. In addition to Condition X above, provide 41 at-grade vehicle

parking spaces in accordance with the “findings for stage 1” contained in the Car Parking Action Plan prepared by Cardno and dated 12 October 2015 (Council ref: #4903845). These spaces are to be provided until the Commencement of Use of the fifth (5th) Tower of the Development or as otherwise agreed by the Chief Executive Officer.

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.

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Limitation on Use of Roof Terrace #. The roof terrace is permitted only for use as an outdoor recreation

space. To be clear, this area is not permitted to be used for consumption of food and beverage or other uses that may attract wildlife, particularly birdlife, unless agreed to by the Chief Executive Officer.

5. Where required update the Condition numbering. All other Development Permit Conditions under the Negotiated Decision Notice 8/30/186 (Decision Notice #4621288, dated 30 January 2015) remain unchanged.

B. That Council approves the Request for a Permissible Change to the

Preliminary Approval for Stages 2 – 7, being for a Material Change of Use for Multiple Dwellings, Holiday Accommodation, Shopping Facilities, Business Facilities, Detached Bottle Shop and Tavern over land described as Lot 10 on SP 201303, located at 48-50 Hartley Street / 81 – 83 Spence Street, Cairns City, subject to the following:

1. Delete the Approved Drawing(s) and/or Document(s) schedule and

Appendix 1 of the Negotiated Decision Notice dated 30 January 2015 (#4621288) and replace with following Approved Drawing(s) and/or Document(s) schedule and Appendix 2 of this report:

Drawing or Document

Reference Date

Nova Cairns – Ground Floor Plan


August 2015

Nova Cairns – Level CP1


August 2015



August 2015



August 2015

Nova Cairns – Level 3 Podium Deck Plan


August 2015

Nova Cairns – Level 5 Typical Tower Plan


August 2015

Nova Cairns – Elevations (North & East)


August 2015

Nova Cairns – Elevations (South & West)


August 2015

Nova Cairns – 3D Perspective


August 2015

Nova Cairns – Yield Schedule (Overall)


August 2015

Nova Cairns – Yield Schedule (Tower 1 & 2)


August 2015

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Drawing or Document

Reference Date

Nova Cairns – Yield Schedule (3 & 4)


August 2015

Nova Cairns – Yield Schedule (5 & 6)


August 2015

Nova Cairns – Yield Schedule (Tower 7)


August 2015

2. Delete the following Conditions:

- Condition 10: Traffic Impact Assessment

- Condition 14: Parking 3. Insert the Following new Conditions: Vehicle Parking

#. Provide on-site vehicle parking in accordance with the approved plans and the Car Parking Action Plan prepared by Cardno and dated 12 October 2015 (Council ref: #4903845).

#. Provide and implement a detailed Implementation and Monitoring Plan that demonstrates how the proposed reduction actions outlined in the “Implementation and Monitoring Plan” section of the Car Parking Action Plan prepared by Cardno and dated 12 October 2015 (Council ref: #4903845) will be implemented for the life of the project. The Implementation and Monitoring Plan should consider project staging, governance, establishment and ongoing costs.

The detailed Implementation and Monitoring Plan must be prepared by a suitably qualified professional and endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work for the second (2nd) Tower.

# Following the Commencement of Use of the fifth (5th) tower constructed) an evaluation report on the implementation of the detailed Implementation and Monitoring Plan must be prepared by the Applicant to demonstrate that the assumptions in the report are verified. The upper bound of temporal Parking Reduction calculations (814 car parking spaces) contained in the Car Parking Action Plan prepared by Cardno dated 12 October 2015 (Council ref: #4903845) will be applied to the development unless the evaluation report can demonstrate a higher level of reduction. The evaluation report must be to the satisfaction of the Chief Executive

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Officer prior to the issue of a Development Permit for Building Works for sixth (6th) and seventh (7th) Towers.

Note: Where the number of required car parking spaces cannot be provided, the Applicant may enter into an Infrastructure Agreement with Cairns Regional Council to address the deficit of onsite car parking spaces.

Staging Plan #. Provide a plan detailing the proposed staging of the Development,

prior to the issue of a Development Permit for a Material Change of Use for Stage 2.

4. Where required update the Condition numbering. All other Preliminary

Approval Conditions under the Negotiated Decision Notice 8/30/186 (Decision Notice #4621288, dated 30 January 2015) remain unchanged.

C. That the Infrastructure Charges Notice under Negotiated Decision Notice

8/30/186 (Decision Notice #4621288, dated 30 January 2015) is updated with the Infrastructure Charges attached as Appendix 4 to this report.

D. That Council grant Delegation to the Chief Executive Officer to determine

any future Development Application for a Material Change of Use for Stages 2-7 under the Preliminary Approval 8/30/186.

Rationale

• This is a transformative project for the City and the Central Business District. The scale of the project and the involvement of overseas investment is acknowledged and Council’s intent is to ensure the development proceeds as planned and that risk to Council and the community is properly managed.

• The Applicant commissioned a Car Parking Action Plan (prepared by Cardno) which has reviewed opportunities to discourage use and demand for car parking (particularly among residents), incentives to encourage sharing, a car-free lifestyle, and providing an enabling environment to reduce the need to own a car;

• The Car Parking Action Plan includes a number of measures that could be applied to the development which reduce the parking demand. Each measure is weighted differently depending on its effectiveness. The Car Parking Action Plan reports that the ultimate development parking demand ranges between 526 spaces and 1,097 spaces depending on the range of measures selected to reduce parking demand. The demand will vary depending on the management strategies implemented;

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• The range of options to be adopted will be detailed in the Implementation and Monitoring Plan. Whilst Officers anticipate that a minimum of 1,100 onsite parking spaces will be necessary to service the development, the Cardno report nominates that a maximum of 814 spaces will be required once the measures are implemented;

• Where these spaces cannot be provided onsite, the Applicant may enter into an Infrastructure Agreement with Council whereby off-site parking spaces are provided or a monetary contribution is made in lieu of providing physical parking spaces. This alternate recommendation caps that contribution at 814 spaces;

• Prior to the commencement of use of the fifth tower the applicant is required to undertake an evaluation report to assess the effectiveness of the adopted reduction actions. This is a hold point of the development. The remaining two towers will not be able to obtain a Building Permit until Council is satisfied with the findings of the evaluation report;

• The considerations that have been given to the proposed car parking rates are unique to the Nova Cairns project. The Car Parking Action Plan proposes innovative solutions to reduce the overall car parking demand, which must be further refined and detailed to Council’s satisfaction. The reduction actions are subject to a review between Commencement of Use of the fifth (5th) Tower and issue of a Development Permit for Building Works for the sixth (6th) Tower.

• This project presents a unique opportunity for Council to evaluate the success of the parking demand reduction actions and correct prior to the construction of the last two towers.

carried Cr Manning returned 9:30 a.m. and assumed the Chair GENERAL BUSINESS

1. CARAVONICA SCHOOL CAR PARK RICHARDSON / FENNELL That Council: 1. Writes to the Minister for Main Roads, Road Safety and Ports (Mark Bailey

MP), and the Local Member (Mr Craig Crawford) advising that it strongly supports the relocation of the Caravonica School car park from the eastern side of Cairns Western Arterial Road to the western side adjacent to the

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School for pedestrian safety reasons, and requests the State Government to commit funds towards the project as a matter of priority, and

2. Council officers prepare a prioritised program of work required to ensure the

development of road/traffic corridors into Cairns from the North consistent with demand and so as to ensure a level of service not inconsistent with South East Queensland.

carried

2. DAVID MAIDEN – QUEENSLAND RUGBY LEAGUE COOPER Council acknowledged the work by David Maiden in his contribtuion to Queensland Rugby League, in particular the Cairns Region, over the last several years. carried

3. PETITION - BASKETBALL COURTS ALONG CAIRNS ESPLANDE SCHILLING / COOPER A petition (#4919880) to build some basketball courts along the Cairns Esplanade, suggested site being next to the skate park and volleyball courts was presented to Council. The petition was received and a report will be provided back to Council. carried CLOSED SESSION SCHILLING / RICHARDSON COUNCIL RESOLVED TO GO INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA:

1. CONTRACTUAL MATTER – FINANCIAL SUPPORT TO EVENTS 2016-2018 .......................................................................................... 3

Ashleigh Lowe | 10/2/1-36 | #4892506

2. CONTRACTUAL MATTER – PREFERRED SUPPLIER ARRANGEMENT 2503 SUPPLY ONLY OF REINFORCING STEEL .............................. 13

Roy Thorpe RHT | 63/1/15-02 | #4897180

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3. CONTRACTUAL MATTER – SCHOOL OF ARTS BUILDING UPGRADE CONTRACT 55257 .......................................................... 27

Heather Vaughan | 26/10/165 | #4889580

4. CONTRACTUAL MATTER - COUNCIL INSURANCE RENEWAL 2015/16 ............................................................................................ 42

A Agius | 17/46/1-69 | #4759446 carried OUT OF CLOSED SESSION COUNCIL RESOLVED TO MOVE OUT OF CLOSED SESSION SCHILLING / FENNELL carried RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

1. CONTRACTUAL MATTER – FINANCIAL SUPPORT TO EVENTS 2016-2018 ................................................................................................... 3

Ashleigh Lowe | 10/2/1-36 | #4892506 O’HALLORAN / SCHILLING That Council: 1. Approves entering into an agreement with Tourism and Events Queensland

for an annual investment of $70,000 to secure a major event to Cairns in 2016 and 2017, with an option for 2018; and

2. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to finalise any and all matters relating to the above agreement.

carried

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2. CONTRACTUAL MATTER – PREFERRED SUPPLIER ARRANGEMENT 2503 SUPPLY ONLY OF REINFORCING STEEL .............................. 13

Roy Thorpe RHT | 63/1/15-02 | #4897180 SCHILLING / FENNELL That Council: 1. Awards Preferred Supplier Arrangement 2503 Supply Only of Reinforcing

Steel to Lyndons Pty Ltd as First Preference and The Australian Steel Company (Operations) Pty Ltd trading as ARC as Second Preference for the period 1 November 2015 until 31 October 2017, with a further one year extension at Council’s discretion.


Local Government Act 2009 to negotiate, finalise and execute any and all matters associated with this arrangement.

carried

3. CONTRACTUAL MATTER – SCHOOL OF ARTS BUILDING UPGRADE CONTRACT 55257 ........................................................................... 27

Heather Vaughan | 26/10/165 | #4889580 SCHILLING / RICHARDSON That Council: 1. Approves the attached Project Launch Approval with a Project Launch

Budget of $8,690,000 and an Approved End Date of 20 February 2017; 2. Approves the award of Contract 55257 to Hutchinson Builders for the

amount of $6,444,000 excluding GST for the School of Arts Building Upgrade;


Local Government Act 2009 to negotiate and finalise any and all matters relating to Contract No. 55257 subject to any material matters or variances being referred back to the Steering Committee for consideration.

carried

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4. CONTRACTUAL MATTER - COUNCIL INSURANCE RENEWAL 2015/16 ............................................................................................ 42

A Agius | 17/46/1-69 | #4759446 COOPER / RICHARDSON That Council: 1. Accepts the insurance renewal premium (LGM Assets Fund) for the total

cost pro-rata of $736,744.79 (excl. GST and Stamp Duty) for the period commencing from 1 November 2015 till 30 June 2016.


Local Government Act 2009 to finalise all matters associated with the insurance renewal.

carried THE MEETING CLOSED AT 9:56 AM CONFIRMED THIS 25th DAY OF November 2015 ……………………………………. MAYOR

…………………………………… CHIEF EXECUTIVE OFFICER

cairns regional council ordinary meeting

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