agenda mareeba 1 august 2013 (part one)

TRCTABLELANDS REGIONAL COUNCIL

Ordinary Meeting

Council Chambers, Mareeba Date: Thursday 1 August 2013

Time: 9:00am

AGENDA

THE ORDINARY MEETING OF THE TABLELANDS REGIONAL COUNCIL WILL BE HELD AT MAREEBA COUNCIL CHAMBERS, ON THURSDAY, 01 AUGUST 2013 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

IAN CHURCH CHIEF EXECUTIVE OFFICER

TRC Tablelands Regional Council - Agenda Thursday 01 August 2013

PRESENTATIONS - 1 AUGUST 2013 9.30am to 9.50am JAMARR - community concerns and questions in relation to cane haulage off the Tablelands via Rex Range Road. 2.00pm to 3.00pm Lestar Manning P&E Law (Confidential Session)

SPECIAL MEETING - 8 AUGUST 2013 9.00am to 10.00am Media Policy Workshop 10.00am to 2.30pm Greg Chemello Deputy Director-General Planning, Department of State Development, Infrastructure and Planning 2.30pm to 5.00pm Lease Workshop (Dean Davidson, John Thurlow)

ORDER OF BUSINESS

MEMBERS IN ATTENDANCE........................................................................................................ 7

OFFICERS IN ATTENDANCE........................................................................................................ 7

APOLOGIES/LEAVE OF ABSENCE.............................................................................................. 7

BEREAVEMENTS/CONDOLENCES.............................................................................................. 7

DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS............................................................. 7

CONFIRMATION OF MINUTES - SPECIAL MEETING.................................................................. 7

CONFIRMATION OF MINUTES - ORDINARY MEETING .............................................................. 7

BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS.......................................... 7

RECEIPT OF INWARD CORRESPONDENCE............................................................................... 7

RECEIPT OF OFFICERS' QUARTERLY REPORTS...................................................................... 7

CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS ........................ 7

PLANNING AND DEVELOPMENT................................................................................................. 9

Regional Planning & Development .............................................................................................. 9 Item-1 Reddicliffe Corporation Pty Ltd - MCU Materials Recycling Facility (Recycling of

Sandblasting Garnet) - Lot 284 NR7783 - 3450 Kennedy Highway, Mareeba - DA/13/0034 (M) ........................................................................................................ 9

Item-2 RM Watkins - Reconfiguring a Lot (1 into 3 Lots) - Lot 10 NR4402 - 184 Hansen Road, Walkamin - DA/13/0031 (A) ............................................................ 38

Item-3 T Hedley - Negotiated Decision Notice - Material Change of Use for Licensed premises and gaming house - Lot 10 A31946 and Lot 2 RP707600 - 71 and 75-77 Main Street, Atherton - DA/13/0065 (A) (IPA12-18) ........................................... 69


Item-4 Planning & Environment Court of Appeal 2738 of 2012 - Mahogany Plantations of Australia Pty Ltd - Lot 147 on CWL198 - situated at Tully Falls Road, Ravenshoe - 08/017 CONFIDENTIAL ................................................................. 105

Regulatory Services ................................................................................................................ 107 Item-5 Review of Guidelines For Political Advertisements and Street Stalls during

Elections............................................................................................................... 107

Item-6 Poultry Update - July 2013 CONFIDENTIAL........................................................ 155

Corporate Planning, Performance & Risk ................................................................................ 157 Item-7 Cultural Centre - Financial Implications ................................................................ 157

Item-8 Update on Flying Fox Management Issues on the Tablelands and the New Approach Proposed by the State Government...................................................... 267

Administration ......................................................................................................................... 297 Item-9 Quarterly Report April, May June, General Manager Planning and Development. 297

CHIEF EXECUTIVE OFFICER ................................................................................................... 341

Administration ......................................................................................................................... 341 Item-10 De-amalgamation Project Manager Progress Report No 6 ................................... 341

CORPORATE AND COMMUNITY SERVICES........................................................................... 347

Customer & Community Services ............................................................................................ 347 Item-11 Financial and In Kind Support Program Approvals - 1 August 2013...................... 347

Plant & Facilities...................................................................................................................... 353 Item-12 Proposed Construction of Shade Sail in Arnold Park, Mareeba ............................ 353

Item-13 Request to Fence Eales Park, Mareeba ............................................................... 355

Item-14 Kuranda Men's Shed Demountable Building Offer................................................ 358

Item-15 Indigenous Land use Agreement - Warrungu People - Consent to Federal Court Orders CONFIDENTIAL............................................................................. 361

Item-16 Commercial Vehicles - Fleet Improvements CONFIDENTIAL............................... 362

Item-17 51 Mabel Street Purchase CONFIDENTIAL ........................................................ 363

Item-18 Kuranda Aquatic Centre - Tender T-TRC2013-16 CONFIDENTIAL..................... 364

INFRASTRUCTURE AND MAINTENANCE SERVICES ............................................................ 365

Construction & Maintenance.................................................................................................... 365 Item-19 Permit to Occupy - Kelso Road, Evelyn ................................................................ 365

Item-20 Mackay Sugar Ltd - Sugar Cane Haulage Routes and Consideration of Impacts to Council-Controlled Roads................................................................................. 394

Item-21 NDRRA 2010 Programme of Restoration Works - July 2013 Progress Report ..... 411




Item-25 Tender Evaluation Tender T-TRC2013-22 Supply and Delivery of Gravel - Atherton / Tolga Area - 2011 NDRRA Restoration Works..................................... 423

Item-26 Tender Evaluation Tender T-TRC2013-23 - supply and Delivery of Gravel - Malanda Area - NDRRA 2011 Programme........................................................... 427

Item-27 Tender Evaluation - FNQ003 - FNQROC Supply and Delivery of Bitumen Reseals 2013/14 .................................................................................................. 431

Item-28 Atherton Airport Access CONFIDENTIAL ............................................................ 448

Project Delivery ....................................................................................................................... 449


Item-29 Coolgarra Road, Mt Garnet - Unregistered Grid ................................................... 449

Item-31 Notice of Motion - Proposed Roadworks Upgrade - Morton Street and Rob Veivers Drive, Kuranda - Review of Public Input and Resident Concerns............. 459

Item-30 Noted Correspondence - 1 August 2013............................................................... 489


MEMBERS IN ATTENDANCE

OFFICERS IN ATTENDANCE

APOLOGIES/LEAVE OF ABSENCE

BEREAVEMENTS/CONDOLENCES

DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS

CONFIRMATION OF MINUTES - SPECIAL MEETING

CONFIRMATION OF MINUTES - ORDINARY MEETING

BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS

RECEIPT OF INWARD CORRESPONDENCE

RECEIPT OF OFFICERS' QUARTERLY REPORTS

CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS


PLANNING AND DEVELOPMENT

REGIONAL PLANNING & DEVELOPMENT

ITEM-1 REDDICLIFFE CORPORATION PTY LTD - MCU MATERIALS RECYCLING FACILITY (RECYCLING OF SANDBLASTING GARNET) - LOT 284 NR7783 - 3450 KENNEDY HIGHWAY, MAREEBA - DA/13/0034 (M)

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 1 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Carl Ewin, Planning Officer DEPARTMENT: Planning and Development

APPLICATION DETAILS

ATTACHMENTS: 1. Proposal Plan/s

2. Department of Transport and Main Roads Referral Agency Response dated 23 May 2013

EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details.

FILE NO DA/13/0034(M) AREA 1,490 hectares LODGED BY Reddicliffe Corporation Pty

Ltd OWNER R N Reddicliffe

PLANNING SCHEME

Mareeba Shire Planning Scheme 2004 (amendment no. 1 of 2007)

ZONE Rural zone LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS Nil

APPLICATION PREMISES APPLICANT Reddicliffe Corporation Pty

Ltd ADDRESS 3450 Kennedy

Highway, Mareeba DATE LODGED 30 April 2013 RPD Lot 284 on NR7783 TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT Material Change of Use - Materials Recycling Facility (Recycling of

Sandblasting Garnet)


The application is impact assessable and no properly made submissions were received in response to public notification of the application. The application and supporting material has been assessed against the FNQ Regional Plan, State Planning Policies, and the Mareeba Shire Planning Scheme (including codes and policies) and does not conflict with any relevant planning instrument. The applicants, Reddicliffe Corporation Pty Ltd (Redcorp Quarrying), propose to establish a materials recycling facility within the bounds of their existing Tichum Creek hard rock quarry operation. The materials recycling facility will recycle used sandblasting media (garnet), ordinarily dumped in landfills, for reuse within the regions sandblasting industry. The key issues with the proposed development is ensuring the garnet recycling operation does not detrimentally impact on any adjoining properties or the surrounding natural environment. It is considered these issues can be adequately managed through conditions of approval. Draft conditions of approval were provided to the applicant. It is recommended that the application be approved in full, subject to conditions.

OFFICER'S RECOMMENDATION

1. It is recommended that, in relation to the following development application:

and in accordance with the Sustainable Planning Act 2009, as amended, the applicant be notified that the application for a development permit for the development specified in (A) is:

Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), concurrence agency conditions in (E), relevant period in (F), further permits in (G), and further approvals from Council listed in (H); (A) APPROVED DEVELOPMENT: Development Permit for Material Change of Use - Materials

Recycling Facility (Recycling of Sandblasting Garnet) And The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument.

APPLICATION PREMISES APPLICANT Reddicliffe Corporation Pty

Ltd ADDRESS 3450 Kennedy

Highway, Mareeba DATE LODGED 30 April 2013 RPD Lot 284 on NR7783 TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT Material Change of Use - Materials Recycling Facility (Recycling of

Sandblasting Garnet)


(B) APPROVED PLANS:

(C) ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a) Development assessable against the Planning Scheme

1. Development must be carried out substantially in accordance with the approved

plans and the facts and circumstances of the use as submitted with the application, subject to any alterations: - found necessary by the Council’s delegated officer at the time of examination

of the engineering plans or during construction of the development because of particular engineering requirements; and

- to ensure compliance with the following conditions of approval.

2. Timing of Effect

2.1 The conditions of the development permit must be complied with to the satisfaction of Council’s delegated officer prior to the commencement of the use except where specified otherwise in these conditions of approval.

2.2 Prior to the commencement of use, the applicant must notify Council that all

the conditions of the development permit have been complied with, except where specified otherwise in these conditions of approval.

3. General

3.1 All works must be designed, constructed and carried out in accordance with

FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.2 Bushfire Management

A Bushfire Management Plan will be prepared in accordance with Appendix 8 of State Planning Policy 1/03 - Mitigating the Adverse Impacts of Flood, Bushfire and Landslide to the satisfaction of Council's delegated officer. The approved use must comply with the requirements of the Management Plan at all times.

3.3 Hours of Operation

The operating hours shall be between 6am and 6pm Monday to Saturday. No operations are permitted on Sunday or Public Holidays.

Plan/Document Number

Plan/Document Title Prepared by Dated

- Development Permit Plan - -

- Appendix A - Aerial View Site Plan

Reddicliffe Corporation Pty Ltd -

- Appendix B - Process Plant Bunded Area Layout

Reddicliffe Corporation Pty Ltd -


3.4 Design plans for the materials recycling facility shall be submitted to Council's delegated officer prior to commencement of construction or building application, whichever occurs first.

3.5 Traffic Movements

Heavy and regular vehicle traffic movements associated with the approved materials recycling facility are not to exceed a combined total of 10 vehicle movements per day (5 trips to and from site).

3.6 Processing Limits

No more than 10 tonnes of garnet material shall be processed on site per day and no more than 3,000 tonnes of garnet material shall be processed on site per annum.

3.7 Processing and storage of garnet material will be limited solely to the bunded processing area and is to be located generally in accordance with the approved plans.

3.8 Garnet material, including waste material, transported to and from the subject site, and travelling on public roads, shall be packaged and transported in such a way as to prevent escape of dust or spillage of materials.

Any spillage which occurs on any public road shall be removed at the end of each working day of within four (4) hours of any verbal requirement by Council's delegated officer.

3.9 Weed Management

The applicant shall ensure that declared noxious weeds are immediately eradicated from the site and are not transported from the site during the operation of the materials recycling facility.

3.10 Recycled garnet material is to be transported off site for sale or distribution. No direct retailing of the recycled garnet material shall occur from the subject site.

3.11 Site Rehabilitation

Where material recycling operations have permanently ceased, all areas disturbed by the materials recycling facility, which will not to be disturbed in the future by ongoing quarrying operations, must be rehabilitated within 12 months and in accordance with the requirements of this approval. Rehabilitation will establish a safe, stable, non-polluting landform similar to that of surrounding undisturbed areas, including where relevant: - removing any stockpiles; - establishing surface drainage lines; - minimising the potential for slumping, subsidence or erosion; - reinstating topsoil; - establishment of vegetation of similar species composition and density

as previously existed prior to the development; and


- ensuring that water quality of any stormwater discharged from the site satisfies or exceeds the relevant sections of the Queensland Water Quality Guidelines

- removing infrastructure from the site. Rehabilitated areas will be maintained to ensure that: - the site remains geotechnically stable - erosion and siltation control measures remain effective - water quality is maintained - trees and ground cover are retained and show recruitment - rehabilitated areas remain free of any declared pest plants and can be

used for their designated land use

4. Environmental Conditions

4.1 General

4.1.1 Contaminants must not be released to the environment other than in accordance with the conditions contained within this document.

4.1.2 The applicant/developer must install all works and equipment

required in order to ensure full compliance with all conditions of this approval.

4.1.3 The applicant/developer must ensure that those persons

responsible for the day to day operation of the materials recycling facility are familiar with the conditions of this document by making sure this document is read in full by all employees at least once per year and is read by new staff during the induction process.

4.2 Air Discharge

4.2.1 No release of contaminants, including but not limited to odour,

dust, smoke, fumes, particulates and aerosols is to cause or is likely to cause and environmental nuisance at any commercial place or at any sensitive receptor places.

4.2.2 Prior to the commencement of the use, a dust management plan

must be prepared and submitted to Council for approval by Council's delegated officer. The dust management plan shall demonstrate how dust from processing areas and vehicle manoeuvring areas will be minimised/managed.

The approved use must comply with the requirements of the approved Management Plan at all times.

4.2.3 Vehicle tracks and work areas adjacent to the material recycling

facility must be watered to ensure minimal dust emissions from the approved place to the satisfaction of Council's delegated officer.

4.2.4 Air emissions and particulates emitted from the property must not

cause material damage to buildings or vehicles located outside the boundaries of the subject site.


4.3 Water Discharge

4.3.1 The approved use must be carried out in a way that prevents the release of contaminants including garnet and other waste materials to stormwater drainage that is naturally occurring or constructed.

4.3.2 Contaminants (including plastics, processing chemicals,

packaging, garnet and other waste materials) must not be directly or indirectly released to waterways or the bed or banks of any waterway or any drainage feature on the subject site.

4.3.3 Wastewater and other liquid waste generated in the course of

carrying out the use shall be entirely recycled within the boundaries of the development site. There will be no release of process water to the surrounding area.

4.3.4 The proposed development is to be provided with at least one (1)

settlement pond. Settlement ponds must be located at least 50 metres away from any natural drainage feature or water course on the subject land.

4.3.5 All wash down activities conducted on the subject site must be

conducted within the bunded processing area and completed in a way that prevents contaminants entering a natural drainage feature or waterway on the approved development site.

4.4 Stormwater Management

4.4.1 The approved use must be conducted in a way that prevents

contaminants or wastes contacting with rainfall and stormwater runoff in order to prevent contaminants entering stormwater drainage systems that are naturally occurring or constructed.

4.4.2 Any stormwater leaving the subject site shall contain no visible

sign of floating chemical contaminants or other debris from the subject site.

4.4.3 Any processed or unprocessed garnet or waste storage areas or

stockpiles must be covered in a way that ensures the stockpiles are not impacted on by rainfall or stormwater ingress to the satisfaction of Council's delegated officer.

4.4.4 All above and below ground chemical and fuel storage tanks shall

be bunded in accordance with the Australian Standards 1940-1993 "The storage and handling of flammable and combustible liquids".

4.4.5 All fuel and chemical tanks or containers must be kept within the

confines of sealed bunded area that can accommodate a spill of 110% of the largest tank used for storage within the bunded area.

4.4.6 The sealed bunded area must be fitted with a valve for the purpose

of emptying liquids or solutions from the bunded area. The valve must remain closed when not in use.


4.4.7 The sealed bunded area must have a sign above the valve handle that contains the following words - "Valve to remain closed when not in use".

4.4.8 Australian standard requirements for the storage of fuel and

chemicals must be adhered to at all times when storing fuel and chemicals on the approved development site.

4.4.9 Settlement ponds must be designed with sufficient capacity to

contain all process water and to ensure the minimal ingress of overland flow of stormwater to the satisfaction of Council's delegated officer.

4.5 Land Application

4.5.1 The approved use must be carried out by such practical means

that is necessary to prevent or minimise the release of contaminants to surrounding land.

4.5.2 The entire process plant area must be bunded and graded to drain

to a suitable sump. The water in the sump should be drained across a vegetated/grassed area before entering the settling pond.

4.6 Noise Control/Monitoring

4.6.1 The emission of noise from the subject site must not cause

environmental nuisance as determined by Council's delegated officer at any commercial place or at any sensitive receptor places.

4.6.2 The noise emissions from the subject site must not be greater than

5dB(A) above the background noise level at a sensitive receptor place or 10dB(A) above the background noise level at a commercial place.

4.6.3 When requested by Council's delegated officer, the

developer/operator must commission noise monitoring to investigate any complaint of nuisance caused by noise. A report containing an analysis of the monitoring data must be provided to the administering authority within 14 days of the completion of the investigation.

4.7 Waste Management

4.7.1 Waste must not be released to the environment and must be disposed of in accordance with the conditions within this document.

4.7.2 All contaminants/waste products extracted during the processing

of the garnet must be contained in the designated waste storage bay located within the bunded area until such time that it can be transferred off the subject land.

4.7.3 The designated waste storage bay must be of an appropriate size

and dimension to accommodate a minimum of 30 tonnes of waste product and must be protected from rainfall and the ingress of stormwater.


4.7.4 All contaminants/waste products produced by the materials

recycling facility must be removed by a regulated waste transporter and disposed of at a regulated waste landfill site to the satisfaction of Council's delegated officer.

4.8 Records

4.8.1 A register of garnet recycling waste disposal events must be

retained on the approved property (Lot 284 on Plan NR7783) for a minimum of twelve months that details:

• the volume and type of waste transported off the subject land • the regulated waste transporter who transported that material • the regulated waste landfill site that the material was

transported to • the associated dates

4.8.2 Records of any waste spills or contamination events must be kept

as a hard copy on Lot 284 on Plan NR7783 for a minimum of 3 years. These records must include details of:

• Date and time of spill or contamination event; and • The type of materials spilt or released to the environment; and • What actions were taken to minimise potential environmental

harm. • When the administering was contacted.

4.8.3 All records required to be kept by this approval document must be made available to Council's delegated officer upon request.

(D) ASSESSMENT MANAGER’S ADVICE

(a) Compliance with applicable codes/policies

The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval.

(b) Compliance with Acts and Regulations The erection and use of the building must comply with the Building Act and all other relevant Acts, Regulations and Laws, and these approval conditions.

(c) Environmental Protection and Biodiversity Conservation Act 1999 The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.environment.gov.au

(d) Cultural Heritage

In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural


heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.dnrm.qld.gov.au

(E) CONCURRENCE AGENCY CONDITIONS

Department of Transport and Main Roads conditions dated 23 May 2013.

(F) RELEVANT PERIOD When approval lapses if development not started (s.341)

• Material Change of Use – four (4) years (starting the day the approval takes effect);

(G) OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

• Development Permit for Building Works

(H) OTHER APPROVALS REQUIRED FROM COUNCIL

• Nil

THE SITE

The subject land is described as Lot 284 on NR7783, Parish of Formartine, situated at 3450 Kennedy Highway, Mareeba. It is irregularly shaped, with an area of 1,490 hectares and frontages of approximately 1 kilometre to the Kennedy Highway and 1.1 kilometres to Kovacic Road. The Kennedy Highway is constructed to two (2) lane sealed standard for the entire site frontage, while Kovacic Road is unsealed and unformed for the entire site frontage. The site is currently improved by a dwelling house, farm sheds and an active hard rock quarry. Grazing is also carried out on the site and numerous dams a scattered throughout property to facilitate this use. The development proposed by this application would be co-located with the established extractive industry. Access to the extractive industry is obtained via an internal haul road which connects to the Kennedy Highway opposite Boral's Tichum Creek Quarry. Acceleration and deceleration lanes are provided at the Kennedy Highway access location. With the exception of the extractive industry footprint, the subject site is predominately covered by remnant vegetation that is a least concern regional ecosystem. The sites varying topography, which includes steep hills, gullies and seasonal watercourses, restrict the practical use of the site to little more than livestock grazing. Most surrounding allotments are also zoned Rural and used predominately for grazing and rural living purposes. The closest dwelling house to the site of the proposed garnet recycling facility is located approximately 850 metres to the south-west on Kovacic Road.


Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.




BACKGROUND AND CONTEXT NIL PREVIOUS APPLICATIONS & APPROVALS Town Planning Consent C8/97 for the operation of an extractive industry (hard rock quarry) on the subject land was issued by Council on 14 October 1997. DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Materials Recycling Facility (Recycling of Sandblasting Garnet) in accordance with the plans shown in Attachment 1. The material to be recycled is used sandblasting media (garnet) which will be sourced from local sandblasting firms throughout Far North Queensland. Presently, most used sandblasting media goes directly to landfill. The applicants believe that their recycling process will recover approximately 70 to 80 percent of the used sandblasting media, diverting this material from landfill and allowing its reuse by sandblasting firms. It is projected that the facility will recycle approximately 7 tonnes of used sandblasting media per day. An overview of the recycling process is as follows:


1. Receipt of used sandblasting media from regulated waste transporter via 1 truckload per day. This material will be stored in a contained bin. A door will enable loader access into the bin to extract used material for processing.

2. Once taken from the initial storage bin, material will be loaded into a feed bin attached to the processing plant. From the feed bin, the material is wet screened, fed through a jig, de-watered, before being dried.

3. Waste material will be bagged and stored on site until it is collected by a regulated waste transporter and disposed of at the Springmount Waste Facility. On site storage for up to 45 tonnes of waste material is provided as a contingency in the event of wet weather and road closures. Recycled media will be bagged and resold to local sand blasting businesses.

The recycling process will be carried out on a concrete slab within a bunded area of approximately 1,500 square metres. The processing water will be drained to a corner sump before further draining through a grassed/vegetation area before ultimately returning to the settlement pond. Dust is expected to be minimal due to the recycling process being a wet process. All storage bins will be covered to further prevent dust and the potential for stormwater infiltration. The process would be operated by the applicant's existing extractive industry workforce. The hours of operation would be 6am to 6pm Monday to Saturday, which are the approved hours for the existing extractive industry. REGIONAL PLAN DESIGNATION

The subject site is included within the indicative Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The Regional Plan Map 3 - ‘Areas of Ecological Significance’ also identifies Lot 284 on NR7783 as containing:

• State & Regional Conservation Corridor

• Strategic Rehabilitation Area

• Terrestrial Area of General Ecological Significance The site of the proposed development is entirely within the Strategic Rehabilitation Area, as is the existing extractive industry and the majority of the haul route. PLANNING SCHEME DESIGNATIONS

Planning Scheme Definitions The proposed use is defined as:-

Materials recycling facility means the use of premises for collecting, dismantling, storing, or recycling of second-hand or scrap materials for the purpose of resale or reuse.

RELEVENT PLANNING INSTRUMENTS

Zone: Rural zone

Overlays: Natural Disaster Bushfire Overlay


Assessment of the proposed development against the relevant planning instruments is summarised as follows:- (a) Far North Queensland Regional Plan 2009-2031 Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

DRO 1.1 Biodiversity Conservation Land Use Policy Complies Comments

1.1.1 Urban development within the

regional landscape and rural production area is located outside of areas of high ecological significance (see map 3).

� The proposed development is collocated within the footprint of the existing extractive industry operation. This area has already been cleared and is not an area of high ecological significance.

1.1.3 Urban development adjacent to areas of high ecological significance (see map 3) is located, designed, operated and setback to avoid adverse impacts on the area’s ecological values.

� The proposed development is collocated within the footprint of the existing extractive industry. Land surrounding the existing extractive industry is mapped as State & Regional Conservation Corridor (high ecological significance). The proposed development will not increase the level of impact above that which is already caused by the extractive industry.


1.1.4 Urban development in or adjacent

to areas of general ecological significance (see map 3) is located, designed and operated to avoid or, where avoidance is not possible, minimise any adverse impacts on ecological values where possible.

� The proposed development is collocated within the footprint of the existing extractive industry. Land surrounding the existing extractive industry is mapped as a Terrestrial Area of General Ecological Significance reflecting the established remnant vegetation. The proposed development will not require clearing of further remnant vegetation and will not increase the level of impact above that which is already caused by the extractive industry.

1.1.5 Urban development on a lot that is within a strategic rehabilitation area results in improved ecological connectivity or habitat extent within that lot.

� The proposed development is collocated within the footprint of the existing extractive industry. The entire footprint of the existing extractive industry has been mapped as strategic rehabilitation area. It is unreasonable to expect the applicant to rehabilitate this area while the extractive industry is still active. When and if, extractive industry operations do cease, the conditions of the extractive industry approval require this area to be rehabilitated.

DRO 1.3 Air and Acoustic Environment Protection

Land Use Policy Complies Comments

1.3.2 Development that generates emissions must be adequately separated or planned, designed, constructed and operated to ensure the impacts of air and noise emissions on sensitive land uses meet the objectives of the Environmental protection (air) policy and the environmental protection (noise) policy.

� The proposed development will be conditioned to comply. Conditions requiring a dust management plan and noise level limits will be attached to any approval.

DRO 2.5 Extractive Industries and Mineral Resources


2.5.1 Key resource areas and associated transport infrastructure are protected in accordance with State Planning Policy 2/07.

� Compatible with KRA17

DRO 6.4 Waste


6.4.1 An integrated and coordinated network for sustainable waste management and resource recovery is adopted across the region to achieve greater resource use efficiencies and effectiveness, and better environmental, social and economic outcomes.

� The proposed materials recycling facility will recycle used sandblasting media (garnet) that would ordinarily be dumped in registered landfills. It is estimated that the recycling facility will recover approximately 70-80% of processed sandblasting garnet to a reusable standard.


(b) State Planning Policies (i) The following State Planning Policies have been appropriately reflected in the Planning

Scheme.

• State Planning Policy 1/92 – Development and Conservation of Agricultural Land

• State Planning Policy 1/03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide (Bushfire only)

• State Planning Policy1/02 – Development in the vicinity of Certain Airports and Aviation Facilities

(ii) The following State Planning Polices are not reflected in the planning scheme and are

applicable in the assessment of this application:

DRO 7.1 Protection of Waterways, Wetlands and Water Quality


7.1.1 Development is planned, designed, constructed and managed in accordance with best practice environmental management to protect environmental values and meet water quality objectives of the Environmental Protection Policy (Water) 1997 (EPP Water) for regional surface water, groundwater and wetlands.

� The proposed development will be conditioned to comply. Conditions regarding water discharge and stormwater management will be attached to any approval.

State Planning Policies

SPP Complies Comments

SPP 1/03 Mitigating the Adverse Impacts of Flood, Bushfire and Landslide

� The subject site is not located within a ‘natural hazard management area’ for flood. Whilst the subject land does contain numerous small hills with slopes of 15% or above, the slope of that part of the subject site intended for the garnet recycling operation is below 15% A bushfire management plan will be required as a condition of approval.

SPP 1/92 Development and the Conservation of Agricultural Land

� This SPP is adequately reflected by the Mareeba Shire Planning Scheme, a separate assessment against this SPP is therefore not required. The site is not identified as GQAL.

SPP 2/02 Planning and Managing Development Involving Acid Sulphate Soils

� The subject site is not affected by potential acid sulphate soils being well above 5m AHD.

SPP 2/07 Protection of Extractive Resources and Guideline

� The subject site neighbours Key Resource Area 17 (Boral Tichum Creek Quarry). The proposed development will have no impact on the continued operation of KRA17.

SPP 4/10

Healthy Waters � The development will be appropriately conditioned to prevent adverse impacts on water quality.


(c) Mareeba Shire Planning Scheme 2004 (amendment no. 1 of 2007) Relevant Desired Environmental Outcomes

SPP 4/11

Protecting Wetlands of High Ecological Significance in Great Barrier Reef Catchments

� The subject site is not identified as a Great Barrier Reef wetland protection area.

SPP1/12 Protection of Qld’s Strategic Cropping Land

� The proposed development area is not identified as SCL or potential SCL.

Temp SPP2/12

Planning for Prosperity � The SPP aims to facilitate economic growth in Qld by promoting agriculture, tourism, the State’s mineral & extractive resource industries and construction activities. The purpose of this policy is to achieve a balance between the competing or conflicting outcomes of the development by giving weight to:

a) agricultural uses in areas zoned for agricultural uses;

b) urban uses in areas zoned for urban uses; c) tourist development which can be shown to

be complementary to an area’s environmental, scenic and cultural values; and

d) mineral & extractive resources development which can be shown to be complementary to an area’s primary intended land use.

The proposed development is consistent with the aims of this SPP.

DEOs Complies Comments

(a) Significant natural features such as the dense tropical rainforest adjoining the Wet Tropics area, the savannas, the major river systems, wetlands and wildlife corridors, areas identified in the Areas of Regional significance for the Conservation of Biodiversity under the FNQ Regional Plan are protected

� The proposed development is collocated within the footprint of the existing extractive industry. Land surrounding the existing extractive industry is mapped as high ecological significance; however the proposed development will not increase the level of impact above that which is already caused by the extractive industry.

(c) Adverse effects from development on the natural environment are minimised with respect to the loss of natural vegetation, soil degradation, air and water pollution due to erosion, dust and chemical contamination, dispersal of pollutants, effluent disposal and the like.

� Complies - The proposed development will be established within the bounds of an existing quarry and will not involve any further clearing of the site. Conditions have been attached to minimise the proposed developments impact on the natural environment.

(e) Agricultural and forestry resources, mining, extractive activity in the rural sector are encouraged, facilitated and protected.

� Complies - The proposed development will be run in conjunction with the sites existing hard rock quarrying operations. The proposed use is situated an appropriate distance from any adjoining agricultural uses.


Relevant Development Codes

The following Development Codes are considered to be applicable to the assessment of the application:

Part 4, Division 14 Rural Zone Code Part 5, Division 8 Natural Disaster - Bushfire Overlay Code Part 6, Division 5 Car Parking Code Part 6, Division 15 Landscaping Code

The application included an assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval.

(e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application:

(q) The establishment of new industries such as value adding agricultural industries as well as ecotourism and tradeable services beyond agriculture.

� Complies - The proposed development promotes this DEO.

(r) The identification and protection of the amenity of noise sensitive development and liveability of residential areas.

� Complies - The proposed materials recycling facility will be established within the bounds of the sites existing quarrying operations and will be setback an appropriate distance from nearby sensitive land uses. Noise level conditions will be attached to any approval.

(t) The protection of exiting heavy vehicle routes as shown on Maps R1 and R2 and existing and proposed extraction haulage routes from incompatible land use.

� Complies - Compatible with KRA17

Relevant Codes Comments

Rural Zone Code The proposed development can be conditioned to comply with the applicable probable solutions/performance criteria of the code.

Natural Disaster Bushfire Overlay Code

The proposed development can be conditioned to comply with the applicable probable solutions/performance criteria of the code.

Car Parking Code No formal car parking facilities are proposed, however, it is considered the proposed development can satisfy the overall purpose of the Car Parking Code.

Refer to planning discussion section of report. Landscaping Code No landscaping is proposed. In this instance, landscaping or

vegetated buffering is not considered necessary.

Refer to planning discussion section of report.


No. 1 - Water Supply (Outside Reticulated Water Supply Area) Water supply demands for the existing extractive industry operation are met by several moderately sized dams. These dams will also supply water for the garnet recycling process. No. 4 - Development Manual Development works will need to be carried out in accordance with the FNQROC Development Manual, where appropriate. No. 6 - Augmentation of the Road Network Contribution The planning approval for the existing extractive industry prohibits haulage via Kovacic Road. All extractive industry haulage occurs via an internal haul road which connects to the Kennedy Highway near Tichum Creek (opposite the Boral Hard Rock Quarry). Haulage for the materials recycling activity will also use the extractive industry haul road. All haulage to and from the subject land will be via the Kennedy Highway, a State controlled road. Due to the direct access onto the State controlled road, a contribution for the augmentation of the road network is not applicable under this Policy. (f) Adopted Infrastructure Charges Notice No adopted infrastructure charges notice is required for this development. REFERRALS Concurrence The application triggered referral to the Department of Transport and Main Roads as a Concurrence Agency. That Department advised in a letter dated 23 May 2013 that they require the conditions to be attached to any approval (Attachment 2). Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Council's Development Engineer and Environmental Health Officer have reviewed this proposed development. Both officers support the conditioned approval of the development. PUBLIC NOTIFICATION The development proposal was placed on public notification from 11 June 2013 to 3 July 2013. The applicant submitted the notice of compliance on 4 July 2013 advising that the public notification requirements were carried out in accordance with the requirements of the Act. No submissions were received.


PLANNING DISCUSSION Car Parking Code The proposed development does not include the construction of any additional carparking facilities. However, the proposed materials recycling facility will be located within the bounds of the sites existing quarry and will not be accessible to the general public. Processed and unprocessed garnet as well as waste product will be transported to and from the site via registered transport only. Furthermore, no additional staff will be required for the operation and maintenance of the proposed facility. In the unlikely event that the proposed development attracts cliental to the quarry site, ample space for vehicular parking is provided in the vicinity of the quarries administration office. The site is accessed from the Kennedy Highway which is a state controlled road. The site access from the highway is constructed to Main Roads standards and includes vehicle acceleration and deceleration lanes. The internal access road to the proposed development site (existing quarry access road) is constructed to a formed gravel standard with an average width of 9 metres. This access road is regularly maintained to a safe and usable standard. It is considered the proposed development satisfies the overall outcomes of the Car Parking Code. Landscaping Code The proposed materials recycling facility will be located within the bounds of the sites existing quarrying operations and will be located a substantial distance from any nearby roads or neighbouring properties. Considering this, as well as the scale and intensity of the sites existing quarrying operations, it is highly unlikely that the proposed materials recycling facility will detrimentally impact on any adjoining properties or nearby road transport infrastructure. Based on this, requirements for Landscaping or vegetated buffering are not considered necessary in this instance. Date Prepared: 22 July 2013


ATTACHMENT 1 APPROVED PLANS (DWS VS 3295545)


(DWS VS 3275383)


ATTACHMENT 2


ITEM-2 RM WATKINS - RECONFIGURING A LOT (1 INTO 3 LOTS) - LOT 10 NR4402 - 184 HANSEN ROAD, WALKAMIN - DA/13/0031 (A)


MEETING: Ordinary

MEETING DATE: 1 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Dan O'Connor, Planning Officer DEPARTMENT: Planning and Development

APPLICATION DETAILS

ATTACHMENTS: 1. Proposal Plan - 13/6987 - LL1 - 2 dated 23.4.2013

2. Alternative Plan - 13/6987 - LL1 - 3 dated 14.5.2013 3. Submitter letters

EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is impact assessable and one (1) properly made submission was received in response to public notification of the application. It has been assessed against the relevant statutory planning instruments, including the FNQ Regional Plan 2009-2031 and the Atherton Shire Planning Scheme (2002). The key issue of the proposed development is the size of proposed Lot 101 which is approximately 5 hectares less than the desired minimum lot size for Rural (where GQAL) lots. Despite this lesser area, sound planning justification exists to approve the smaller lot size.

APPLICATION PREMISES FILE NO: DA/13/0031 ADDRESS: 184 Hansen Road,

Walkamin APPLICANT: RM Watkins RPD: Lot 10 on NR4402 LODGED BY: Twine Surveys Pty Ltd AREA: 249.481 hectares DATE LODGED: 30 April 2013 OWNER: BW Watkins TYPE OF APPROVAL:

Development Permit

PROPOSED DEVELOPMENT:

Reconfiguring a Lot - Subdivision of 1 lot into 3 lots

PLANNING SCHEME:

Atherton Shire Planning Scheme 2002 (amended December 2004)

PLANNING AREA: Rural (Where GQAL) LEVEL OF ASSESSMENT:

Impact Assessment

SUBMISSIONS: One (1)


It is recommended that the application be approved in full with conditions.


1. It is recommended that, in relation to the following development application:

and in accordance with the Sustainable Planning Act 2009, as amended, the applicant be notified that the application for a development permit for the development specified in (A) is:

Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), relevant period in (E), further permits in (F), and further approvals from Council listed in (G); (A) APPROVED DEVELOPMENT: Development Permit for Reconfiguring a Lot - Subdivision of

1 lot into 3 lots And The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument. (B) APPROVED PLANS:

Plan/Document Number

Plan/Document Title Prepared by Dated

13/6987 - LL1-2 Proposed Reconfiguration of Lots 101-103 Cancelling Lot 10 on NR4402

Twine Surveys Pty Ltd 23.4.2013

APPLICATION PREMISES APPLICANT: RM Watkins ADDRESS: 184 Hansen Road,

Walkamin DATE LODGED 30 April 2013 RPD: Lot 10 on NR4402 TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Reconfiguring a Lot - Subdivision of 1 lot into 3 lots


(C) ASSESSMENT MANAGER’S CONDITIONS (COUNCIL)

1. Development must be carried out substantially in accordance with the approved plans

and the facts and circumstances of the use as submitted with the application, subject to any alterations: • found necessary by Council’s delegated officer at the time of examination of the

engineering plans or during construction of the development because of particular engineering requirements; and

• to ensure compliance with the following conditions of approval.

2. Timing of Effect 2.1 The conditions of the development permit must be complied with to the

satisfaction of Council’s delegated officer prior to the endorsement of the plan of survey, except where specified otherwise in these conditions of approval.

3. General 3.1 The applicant/developer is responsible for the cost of necessary alterations to

existing public utility mains, services or installations required by works in relation to the proposed development or any works required by condition(s) of this approval.

3.2 All payments or bonds required to be made to the Council pursuant to any condition of this approval or the Adopted Infrastructure Charges Notice must be made prior to the endorsement of the plan of survey and at the rate applicable at the time of payment.

3.3 The developer must relocate (in accordance with FNQROC standards) any services such as water, sewer, drainage, telecommunications and electricity that are not wholly located within the lots that are being created/serviced where required by the relevant authority, unless approved by Council’s delegated officer.

3.4 Where approved existing buildings and structures are to be retained, setbacks to any new property boundaries are to be in accordance with Planning Scheme requirements for the relevant structure and/or Queensland Development Code. A plan demonstrating compliance must be submitted prior to endorsement of the plan of survey.

3.5 All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.6 Flood Immunity All new buildings must be located such that the freeboard of the floor levels of all habitable rooms are a minimum of 300mm above the 100 ARI year level.

3.7 No filling is to occur below the 100 ARI flood level.

3.8 Bushfire Management Buildings and Structures


- are sited in locations of lowest hazard within the lot; - achieve setbacks from hazardous vegetation of 1.5 times the predominant

mature canopy tree height or 10 metres, whichever is the greater; - are 10 metres from any retained vegetation strips or small areas of

vegetation; - are sited so that elements of the development least susceptible to fire are

sited closest to the bushfire hazard; and - are provided with a source of water for fire fighting purposes of not less

than 5,000 litres. This may be satisfied by the provision of an accessible dam, swimming pool or tank. In the case of a tank supply, delivery of the water should be provided through a 50mm male Camlock fitting. The outlet from the tank water supply or the dam/pool shall be located within an accessible position within 40 metres from the habitable buildings.

3.9 Charges All outstanding rates, charges and expenses pertaining to the land are to be paid in full.

3.10 Rural Addressing The applicant must pay a contribution per lot for provision of rural addressing at the rate identified in the Fees and Charges Schedule at the time of payment.

3.11 Easement for SunWater Limited pipeline A ten (10) metre wide easement must be created in favour of SunWater Limited for water supply, access and maintenance purposes, over the full extent of the existing SunWater Limited underground water pipeline in the south-western corner of Lot 103. The developer is to pay all costs to prepare and register the easement documents.

4. Infrastructure Services and Standards 4.1 Access

A rural standard access crossover must be constructed (from the edge of the road pavement to the property boundary of each proposed lot) in accordance with the FNQROC Development Manual, to the satisfaction of Council’s delegated officer.

4.2 Water Supply At the time of dwelling construction on the proposed lots a 90,000L rainwater tank is to be provided to the satisfaction of Council’s delegated officer. Alternatively, if a water supply for the proposed dwelling house is to be supplied by a bore, the bore must be constructed in accordance with the FNQROC Development Manual (as amended) and written evidence demonstrating compliance must be submitted to Council to the satisfaction of Council’s delegated officer. The applicant/developer must demonstrate that the proposed water supply must be of a standard for drinking water set by the Australian Drinking Water


Guidelines 2004 (National Health and Medical Research Council and the National Resource Management Ministerial Council).

4.3 On-Site Wastewater Management At the time a dwelling house is constructed on any of the proposed lots, an on-site effluent disposal system must be also constructed on the same lot in compliance with the latest version On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of the Council’s delegated officer.

(D) ASSESSMENT MANAGER’S ADVICE (a) An Adopted Infrastructure Charges Notice has been issued with respect to the

approved development. The Adopted Infrastructure Charges Notice details the type of infrastructure charge/s, the amount of the charge/s and when the charge/s are payable.

(b) The Adopted Infrastructure Charges Notice does not include all charges or payments that are payable with respect to the approved development. A number of other charges or payments may be payable as conditions of approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

(c) Endorsement Fees Please be advised that Council charges a fee for the endorsement of a Survey Plan, Community Management Statements, easement documents, and covenants. The fee is set out in Council’s Fees & Charges Schedule applicable for each respective financial year.

(d) Compliance with applicable codes/policies The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval.

(e) Notation on Rates Record A notation will be placed on Council’s Rate record with respect to each lot regarding the following conditions: • Conditions regarding bushfire management • Flood immunity • At the time of dwelling construction a water supply via a 90,000L rainwater tank

or bore is to be provided to the satisfaction of Council’s delegated officer • On site wastewater disposal • Registered easement

(f) Environmental Protection and Biodiversity Conservation Act 1999 The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.environment.gov.au.

(g) Cultural Heritage


In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.dnrm.qld.gov.au.

(E) RELEVANT PERIOD When approval lapses if development not started (s.341)

• Reconfiguring a Lot not requiring Operational Works – two (2) years (starting the day the approval takes effect);

(F) OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

• Nil

(G) OTHER APPROVALS REQUIRED FROM COUNCIL

• Access approval arising from condition number 4.1 (Please contact Council’s Urban & Regional Planning Group to obtain application form and applicable fee)

2. That an Adopted Infrastructure Charges Notice be issued for the following infrastructure charge/s for:

Infrastructure Charge Lots Rate Current

Amount of Charge

Roadworks External to a Site - Contributions

1

(Lot 101)

$15,000.00 $15,000.00

TOTAL CURRENT AMOUNT OF CHARGE

$15,000.00


THE SITE



The subject land is described as Lot 10 on NR4402, Parish of Tinaroo, situated at 184 Hansen Road, Walkamin. The land has an area of 249.481 hectares with frontages of approximately 1,219 metres to Chewko Road, 1,891 metres to Hansen Road and 1,877 metres to O'Connell Road. Chewko Road and Hansen Road are both bitumen sealed for their entire frontage with the subject land. O'Connell Road is a single lane gravel road which currently serves as the primary access to two (2) allotments. O'Connell Road fragments the subject land into an eastern and western portion. A SunWater allotment (Lot 601 on NR4277) further fragments the western portion into a northern and southern sub-portion. The eastern portion (proposed Lot 103) contains an extensive banana plantation, dwelling houses (x2), farm sheds, packing sheds and banana fibre processing plant. The constructed improvements are located along the Chewko Road frontage of this portion. The north-west portion (proposed Lot 101) also contains an extensive banana plantation and farm shed. The south-west portion (proposed Lot 102) contains a dam within the traversing waterway, but no other known improvements. Large pockets of remnant vegetation that is "of least concern" regional ecosystem exists within proposed Lots 102 and 103. Any potential agricultural development of proposed Lot 102 would be significantly constrained by this remnant vegetation. Apart from a very small sliver of vegetation adjacent to the SunWater allotment, vegetation on proposed Lot 101 is mapped as non remnant. Land in the general vicinity of the subject land is mapped as Rural (Where GQAL) and is largely developed for this purpose. PREVIOUS APPLICATIONS & APPROVALS On 25 February 2009, Council approved an application for material change of use (rural industry) for the establishment of a banana stalk processing plant on land described as Lot 10 on NR4402, situated at 1819 Chewko Road, Walkamin. The site of this approval is within proposed Lot 103, adjacent to Chewko Road. DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Reconfiguring a Lot - Subdivision of 1 lot into 3 lots in accordance with the plans shown in Attachment 1. The details of the proposed allotments are as follows: • Lot 101 - 34.99 hectares, 1,187 metres frontage to O'Connell Road;

• Lot 102 - 46.47 hectares, 654 metres frontage to O'Connell Road and 573 metres frontage to Hansen Road;

• Lot 103 - 167.9 hectares, 1,362 metres frontage to O'Connell Road, 1,318 metres frontage to Hansen Road and 1,219 metres frontage to Chewko Road.

Access to proposed Lots 102 and 103 is available directly off Hansen Road and Chewko Road respectively. Access to proposed Lot 101 would be provided via O'Connell Road and its construction to Hansen Road.


REGIONAL PLAN DESIGNATION

The subject site is included within the indicative Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site as containing:

• Terrestrial Area of General Ecological Significance

• Wetland Area of General Ecological Significance. PLANNING SCHEME DESIGNATIONS

ASSESSMENT AND DECISION REQUIREMENTS The Table of Assessment for the Rural (Where GQAL) planning area specifies that the application is impact assessable. It was lodged under the Sustainable Planning Act 2009 (SPA), and is assessed in accordance with the requirements of that Act. Sections 314, 317, 324, and 326 of SPA set out the decision rules that Council must follow when deciding this application and these are summarised below:- � The decision must be based on assessments made against the relevant provisions of the

Regional Plan, state planning policies not reflected in the planning scheme, the planning scheme including the relevant DEOs (the relevant instruments) and a preliminary approval to which section 242 applies.

� Council must also assess and decide the application having regard to the common material submitted with the application, any development approval for, and any lawful use of, premises the subject of the application or adjacent premises, any concurrence agency requirements, advice agency recommendations and submissions received as a result of public notification.

� Council may give weight if it is satisfied it is appropriate to consider a planning instrument, code, law or policy that came into effect after the application was made, but before the decision stage is started or restarted.

� The decision must not conflict with any relevant instrument unless there are sufficient grounds to justify the decision, despite the conflict. Grounds are defined as matters of public interest, but do not include the personal circumstances (including financial circumstances) of an applicant, owner or interested party.

Chapters 2 to 4 of SPA set out the hierarchical relationship between the planning instruments that a development application is required to be assessed against. If there is an inconsistency between the planning instruments, the higher level planning instrument prevails to the extent of the inconsistency. The state and local planning instruments (in hierarchical order) are as follows:- State Planning Instruments (a) Regional Plan (b) State Planning Policy (c) Standard Planning Scheme Provisions

Structure Plan designation: Rural Areas

Planning Areas: Rural (Where GQAL)


Local Planning Instruments (a) Planning Scheme (b) Temporary Local Planning Instrument (c) Planning Scheme Policy Assessment of the proposed development against the relevant planning instruments is summarised as follows:- (a) Far North Queensland Regional Plan 2009-2031 Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

(b) State Planning Policies (i) The following State Planning Policies have been appropriately reflected in the Planning

Scheme.

DRO 2.6 Rural Subdivision


2.6.1 Further fragmentation of agricultural land in the regional landscape and rural production area is avoided to maintain economically viable farm lot sizes.

� The subject land is located within the indicative Regional Landscape and Rural Production Area of the FNQ Regional Plan. The Atherton Shire Planning Scheme (2002) establishes 40 hectares as the desired minimum lot size for Rural (Where GQAL) land. The subject land has sufficient area to create 3 compliant lots, however doing so creates the situation where proposed Lot 101 would include a detached 5 hectare (effectively useless) portion of land simply to achieve 40 hectares. This would result in additional fencing, clearing and would actually fragment GQAL more than allowing the 35 hectare lot. The reconfiguration layout does not fragment farm paddocks; instead it follows the existing fragmentation lines created by O'Connell Road and Lot 601 on NR4277. All areas of GQAL will remain available for farming, whilst maintaining the average dwelling density of no more than 1 dwelling per 40 hectares.

DRO 7.1 Protection of Waterways, Wetlands and Water Quality


7.1.1 Development is planned, designed, constructed and managed in accordance with best practice environmental management to protect environmental values and meet water quality objectives of the Environmental Protection Policy (Water) 1997 (EPP Water) for regional surface water, groundwater and wetlands.

� A single waterway commences in the south-western corner of proposed Lot 103. It travels in a westerly direction across O'Connell Road before bisecting proposed Lot 102. This waterway remains surrounded by remnant vegetation and is unlikely to be impacted by the proposed reconfiguration.


• State Planning Policy 1/92 – Development and Conservation of Agricultural Land

• State Planning Policy1/02 – Development in the vicinity of Certain Airports and Aviation Facilities

(ii) The following State Planning Polices are not reflected in the planning scheme and are

applicable in the assessment of this application:

State Planning Policies

SPP Complies Comments

SPP 1/02 Development in the Vicinity of Certain Airports and Aviation Facilities.

� The subject site is located approximately 5 kilometres south of the Mareeba airport. The proposed reconfiguration will not detrimentally affect the operation of this airport.

SPP 1/03 Mitigating the Adverse Impacts of Flood, Bushfire and Landslide

� The subject site is not located within a ‘natural hazard management area’ for flood. A very minor portion of the subject site is mapped as having slope of 15% or greater. These areas occur along the creek and within the pockets of remnant vegetation. The risk of landslide hazard is low. The site is located within a low/medium/high bushfire hazard area and therefore assessment against the bushfire component of the State Planning Policy (SPP) is required. The SPP identifies the following as solutions when building structures in a medium/high bushfire area: • Buildings achieve setbacks from hazardous vegetation of 1.5 times the predominant mature canopy tree height or 10 metres, whichever is the greater; • An on-site water storage of not less than 5,000 litres which is accessible for fire fighting purposes, must be provided and fitted with fire brigade tank fittings as appropriate; and • A firebreak is located between the sites and the adjoining bushland hazard, and the fire/maintenance trails: � have a minimum cleared width of 6 metres; � have a formed width and gradient, and erosion control devices to local government standards; � have vehicular access at each end; and � provide passing bays and turning areas for fire-fighting appliances Alternatively, any new residences on proposed Lots 101 and 102 should be located within the large areas of low bushfire hazard.


SPP 1/92 Development and the

Conservation of Agricultural Land

� This SPP is adequately reflected by the Atherton Shire Planning Scheme, a separate assessment against this SPP is therefore not required. The site is identified as GQAL.

SPP 2/07 Protection of Extractive Resources and Guideline

� The subject site is not located within the vicinity of a Key Resource Area or associated haulage route as identified by the current SPP. The draft TRC Planning Scheme identifies Hansen Road as a haul route.

SPP 4/11

Protecting Wetlands of High Ecological Significance in Great Barrier Reef Catchments

� The subject site is not identified as a Great Barrier Reef wetland protection area.

SPP1/12 Protection of Queensland’s Strategic Cropping Land

� The subject site is mapped as containing extensive areas of Potential Strategic Cropping Land. All proposed allotments exceed 15 hectares in area, therefore the application satisfies the provisions of this SPP.

Temp SPP2/12

Planning for Prosperity � The SPP aims to facilitate economic growth in Qld by promoting agriculture, tourism, the State’s mineral & extractive resource industries and construction activities. The purpose of this policy is to achieve a balance between the competing or conflicting outcomes of the development by giving weight to:

a) agricultural uses in areas zoned for agricultural uses;

b) urban uses in areas zoned for urban uses; c) tourist development which can be shown to

be complementary to an area’s environmental, scenic and cultural values; and

d) mineral & extractive resources development which can be shown to be complementary to an area’s primary intended land use.

The SPP is relevant to State referral agencies involved in the assessment and not Council as the Assessment Manager. Referral to State agencies was not triggered in this instance.


(c) Atherton Shire Planning Scheme 2002 (amended December 2004) Relevant Desired Environmental Outcomes

DEO 1 – Economic Development Complies Comments

A strong, diverse and sustainable economy is achieved through:

(i) efficient and sustainable rural production in agriculture, horticulture, forestry, grazing, dairying and aquaculture;

(ii) the conservation and sustainable use of Good Quality Agricultural Land, consistent with State Planning Policy 1/92;

(iii) the growth of rural industries that support and add value to the primary products of the Shire;

(iv) a hierarchy of business centres in which the Atherton Business District assumes an enhanced role as the regional centre for the Atherton Tablelands region;

(v) Atherton functioning as the regional centre for the Atherton Tablelands by providing a wide range of high order commercial, industrial, educational, professional and social facilities and services;

(vi) diversified enterprises in commerce and industry, such as nature and recreation-based tourism, offering an increased range of employment prospects, particularly for the Shire’s youth; and

(vii) the prudent use of extractive resources. (NB: DEO elements shown as strikethrough text are not applicable in this instance)

� Each of the proposed allotments will continue to be available for rural production purposes. The reconfiguration layout does not fragment farm paddocks, instead it follows the existing fragmentation lines created by O'Connell Road and Lot 601 on NR4277. All areas of GQAL will remain available for farming, whilst maintaining the average dwelling density of no more than 1 dwelling per 40 hectares.

DEO 2 – Settlement Pattern Complies Comments

An orderly, cohesive and legible pattern of development is established that:

(i) is consistent with the FNQ Regional Plan; (ii) promotes and facilitates growth in urban areas to

achieve an efficient use of land and infrastructure whilst maintaining a high standard of amenity;

(iii) minimises the loss and prevents the fragmentation of Good Quality Agricultural Land;

(iv) accommodates rural residential living in preferred locations;

(v) results in development being sympathetic to the physical, landscape and social settings;

(vi) recognises the function of the town of Atherton as the regional centre of the Atherton Tablelands;

(vii) reinforces the hierarchy of business centres in the Shire; and

(viii) provides opportunities for industry to expand in appropriate locations to broaden the Shire’s economic base.

(NB: DEO elements shown as strikethrough text are not applicable in this instance)

� The subject land is located within the indicative Regional Landscape and Rural Production Area of the FNQ Regional Plan. The Atherton Shire Planning Scheme 2002 establishes 40 hectares as the desired minimum lot size for Rural (Where GQAL) land. The subject land has sufficient area to create 3 compliant lots, however doing so creates the situation where proposed Lot 101 would include a detached 5 hectare (effectively useless) portion of land simply to achieve 40 hectares. This would result in additional fencing, clearing and would actually fragment GQAL more than would be the case if the 35 hectare lot is approved.


Relevant Development Codes

The following Development Codes are considered to be applicable to the assessment of the application:

Part C 4.16 Reconfiguring a Lot Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval.

Non-compliance with the relevant acceptable solutions or probable solutions/performance criteria of the following Codes are summarised as follows:

DEO 4 – Natural and Cultural Resources Complies Comments

The outstanding natural assets, environmental qualities and cultural resources are protected and enhanced by:

(i) ensuring development respects biodiversity values and is consistent with the principles of ecological sustainability;

(ii) adopting a bio-regional approach to the sustainable use of natural resources that encompasses both protected and non-protected natural areas and environmental assets;

(iii) protecting the areas of outstanding ecological value, air, water and land resources;

(iv) protecting the ecological requirements of aquatic systems through the management of water quality on an integrated catchment management basis;

(v) protecting the resource of the Atherton Basalt Aquifer; (vi) identifying and protecting sites and features of

outstanding natural and cultural heritage significance as well as the scenic values of the Shire;

(vii) conserving World Heritage values within the Wet Tropics World Heritage Area through the recognition of the intentions of the Wet Tropics Management Plan and the objectives of the World Heritage Protection and Management Act 1993;

(viii) ensuring development in or adjacent to areas of outstanding natural or cultural heritage significance is sympathetic to and compatible with those areas; and

(ix) realising opportunities to achieve habitat protection and linked vegetation and wildlife corridors where practical.

(NB: DEO elements shown as strikethrough text are not applicable in this instance)

� The development will not result in the need to clear further remnant vegetation as proposed Lots 101 and 102 have large areas of non remnant vegetation suitable for future buildings and all reconfigured boundaries follow existing boundary lines. Therefore no additional clearing will be required for new fence lines etc.

Relevant Codes Comments

Reconfiguring a Lot Code Conditions will be required in relation to: � Access � Bushfire Management

The application does not comply with the following acceptable/probable solutions/performance criteria:

� A1.1 - Lot size for Lot 101

Refer to discussion below.


P1.1 Lot size and dimensions are compatible with the physical characteristics of a site and the projected user requirements having regard to the agricultural quality of the land, availability of vehicular access, scenic and cultural values, slope, stability and flooding potential

P1.12 The reconfiguration adequately provides for the conservation and protection of GQAL. Where the reconfiguration will result in the loss from production or the fragmentation of GQAL, Council will assess whether an over-riding, long term community benefit will accrue before supporting the application and will also have regard to State Planning Policy 1/92 – Development and the Conservation of Agricultural Land.

P1.13 The reconfiguration achieves the restructuring and amalgamation of GQAL into viable holdings. That existing farm units and small holdings are not of a viable size for agriculture alone does not justify their further reconfiguration. A1.1 to A1.14

Lot area and dimensions comply with Table 5.16.3 and generally satisfy the Performance Criteria. In some circumstances the area and/or frontage of a lot may need to be greater than the minimum identified to take account of the site constraints, the Performance Criteria and the provisions of other Codes.

Comment Proposed Lots 102 and 103 exceed the 40 hectare minimum lot size for Rural (where GQAL) land. Proposed Lot 101 would have an area of just 34.99 hectares. The proposed lot layout can be amended to provide Lot 101 with a minimum of 40 hectares; however this would result in the amended Lot 101 being fragmented by SunWater's Lot 601 on NR4277, simply to incorporate 5 hectares of remnant vegetation covered land which will add nothing to the agricultural viability of Lot 101. If anything, the inclusion of the 5 hectares will add to the maintenance responsibilities of Lot 101 without any associated agricultural benefit and lead to otherwise avoidable clearing in the form of a new fence line and firebreak. In this instance, acceptance of the 35 hectare lot size is considered the better planning outcome as it avoids unnecessary fragmentation of both remnant vegetation and future lots. The proposed lots will have logical boundaries, following existing farming units and the proposed lot layout is considered to generally satisfy the performance criteria, whilst maintaining an average lot size of 40 hectares. (e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 1 – Road Construction Standards and Operational Works Development Standards Council's Development Engineer has assessed the existing condition of the relevant sections of O'Connell Road, Hansen Road and Chewko Road. Chewko Road and Hansen Road are both constructed to the required standard and no upgrading is necessary to accommodate this development.


O'Connell Road is formed to a single lane gravel standard for its entire length. The pavement width and formation width do not meet current standards. Road shoulders are minimal to non existent. Following the proposed reconfiguration, daily traffic on O'Connell Road is expected to be 30vpd (3 lots @ 10vpd). The FNQROC Development Manual nominates a 5.5m wide gravel road, on 8 metre wide formation, with 1.25m wide gravel shoulders. Council's Development Engineer is of the opinion that conditioning the upgrading of O'Connell Road may be unreasonable given the predicted low traffic volume, the significant cost of these works (approx. $270,000 - $350,000) and the impact on the environment and local amenity arising from the need to clear extensive roadside vegetation. Rather than conditioning the upgrading of O'Connell Road, the maximum $15,000 external road contribution should be applied for proposed Lot 101. No. 2 – Roadworks External to a Site – Contributions

Roadworks external charges are levied on developments that place additional traffic loadings on the Principal Road Access having considered the impact of the proposed development in the broader context of the Total Access Network servicing the subject land and where the Principal Road Access is under Council control. In this respect Roadworks External contributions are directed towards the upgrading of the Council controlled road network servicing the site (the Roadworks External Catchment). Typically Roadworks External Catchments are developed where the local road network is not to the desired standard requiring upgrades to keep pace with development pressures in the locality. In this instance, the Principal Road Access for Lot 102 (Hansen Road) and Lot 103 (Chewko Road) are constructed to the desired standard. O'Connell Road is Principal Road Access for Lot 101 and is not constructed to the desired standard. Due to the cost of the upgrading works and the limited number of allotments within the catchment, the maximum charge of $15,000.00 is applicable.

(f) Adopted Infrastructure Charges Notice In accordance with Planning Scheme Policy No. 2 – Roadworks External to a Site – Contributions a contribution of $15,000.00 is applicable for Lot 101. REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies. Advice This application did not trigger referral to any Advice Agencies. Internal Consultation The application was referred to Council's Development Engineer for advice regarding roadworks upgrades to O'Connell Road. The Development Engineer's advice has been discussed above in relation to Planning Scheme Policy No. 1 – Road Construction Standards and Operational Works Development Standards.


PUBLIC NOTIFICATION The development proposal was placed on public notification from 11 June 2013 to 3 July 2013. The applicant submitted the notice of compliance on 4 July 2013 advising that the public notification requirements were carried out in accordance with the requirements of the Act. One (1) properly made submission was received (Attachment 3). Submitters

The basis of the submission is summarised and commented on below:

Name of principal submitter Address 1. SunWater Limited PO Box 15536 City East, BRISBANE QLD 4002

Basis of submission Comment

Easement required over existing SunWater underground water pipeline

SunWater Limited, as an adjoining land owner, was notified of the development application. SunWater Limited informs Council of an unregistered water pipeline easement in the south-western corner of proposed Lot 103. The unregistered easement is intended to cover SunWater Limited's existing underground water pipeline and its location and extent are shown on the plans below. For reasons unknown, the unregistered easement was not registered during the free holding process for the subject land despite the proposed easement being clearly evident on the plans of the day. The underground water pipeline is an essential part of the irrigation network and it is considered reasonable that the applicant be required to register a ten (10) metre wide easement (in favour of SunWater Limited) over the relevant section of pipeline as a condition of any development approval.



PLANNING DISCUSSION As discussed previously in this report, proposed Lot 101 would have an area of just 34.99 hectares. Whilst the proposed lot layout could be amended to provide Lot 101 with a minimum of 40 hectares; this amendment would result in Lot 101 being fragmented by SunWater's Lot 601 on NR4277. The additional five (5) hectares of land that would be added to Lot 101 is covered by remnant vegetation and would add nothing to the agricultural viability of Lot 101.


If anything, the inclusion of the 5 hectares will add to the maintenance responsibilities of Lot 101 without any associated agricultural benefit and lead to otherwise avoidable clearing in the form of a new fence line and firebreak. In this instance, acceptance of the 35 hectare lot size is considered the better planning outcome as it avoids unnecessary fragmentation of both remnant vegetation and future lots. This is a rare situation where complying strictly with the planning scheme requirement will result in a worse outcome than that which will be achieved by accepting a minor variation in lot size. The proposed lots will have logical boundaries, following existing farming units and the proposed lot layout is considered to generally satisfy the performance criteria, whilst maintaining an average lot size of 40 hectares. In the event that Council is not prepared to accept the lesser area for proposed Lot 101, the applicant has provided an alternative compliant lot layout (Attachment 2). This lot layout can be approved with the same recommended conditions. Date Prepared: 22 July 2013


ATTACHMENT 1 APPROVED PLANS (DWS VS 3276610)


ATTACHMENT 2


ATTACHMENT 3


ITEM-3 T HEDLEY - NEGOTIATED DECISION NOTICE - MATERIAL CHANGE OF USE FOR LICENSED PREMISES AND GAMING HOUSE - LOT 10 A31946 AND LOT 2 RP707600 - 71 AND 75-77 MAIN STREET, ATHERTON - DA/13/0065 (A) (IPA12-18)


MEETING: Ordinary

MEETING DATE: 1 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Dan O'Connor, Planning Officer DEPARTMENT: Planning and Development

APPLICATION DETAILS

ATTACHMENTS: 1. Decision Notice, dated 21 December 2012 (DWVS# 3139687);

2. Applicant’s written representations dated 19 February 2012 (DWVS# 3193987).

EXECUTIVE SUMMARY

Council approved a development application described in the above application details at its meeting held on 20 December 2012, subject to conditions. On 19 February 2013, Council received representations from Twine Surveys P/L on behalf of the Applicant. The letter also requested that Council Officers await further representations prior to finalising the report. On 1 July 2013, Twine Surveys P/L advised Council's Planning Officer via email that the Applicant did not intend to lodge

APPLICATION PREMISES FILE NO: DA/13/0065

(Alias IPA12-18) ADDRESS: Lot 2 - 71 Main Street;

and Lot 10 - 75-77 Main Street, Atherton.

APPLICANT: T. Hedley RPD: Lot 10 on A31946; and Lot 2 on RP707600.

LODGED BY: Twine Surveys P/L AREA: Lot 2 - 506m2; Lot 10 - 1,012 m2.

DATE LODGED: 19 February 2013 OWNER : Redcape Property Services Ltd

TYPE OF APPROVAL:

Development Permit

PROPOSED DEVELOPMENT:

Material Change of Use (Licensed Premises and Gaming House)

PLANNING SCHEME:

Atherton Shire Planning Scheme 2002 (as amended December 2004)

PLANNING AREA : Business Centre Code LEVEL OF ASSESSMENT:

Impact


further applications and requested that the report be finalised on the basis of the original representations. The application was impact assessable and no submissions were received in response to public notification of the application. Twine Surveys P/L, on behalf of the Applicant, have subsequently made written representations to the Adopted Infrastructure Charges Notice (AICN), condition 4.5 (Car Parking and Internal Driveways) and condition 4.6 (Frontage Works). In relation to the AICN, the Applicant requests that water supply and sewerage infrastructure charges be deferred for a period of three (3) years from the date of commencement. Having reviewed the representations, Council's Planning Officer recommends that the conditions remain as per the original Adopted Infrastructure Charges Notice and Decision Notice dated 21 December 2012. OFFICER'S RECOMMENDATION It is recommended that: “1. In relation to the written representations made by Twine Surveys P/L regarding conditions of

the following development approval:

and in accordance with the Sustainable Planning Act 2009, as amended, the following

(A) All conditions and Infrastructure Charges must remain as per Council's Decision Notice and Adopted Infrastructure Charges Notice dated 21 December 2012.

2. A written notice be issued to the Applicant and the Department of Transport and Main Roads advising of Council’s decision.”

APPLICATION PREMISES APPLICANT: T. Hedley ADDRESS: Lot 2 - 71 Main Street; and

Lot 10 - 75-77 Main Street, Atherton.

DATE LODGED 29 May 2012 RPD: Lot 10 on A31946; and Lot 2 on RP707600.

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use (Licensed Premises and Gaming House)


THE SITE

Map Disclaimer:

Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of

the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability,

completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs

(including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

The subject site comprises Lot 10 on A31946 and Lot 2 on RP707600 situated at the intersection of Main Street and Vernon Street in Atherton's CBD. Lot 10 has an area 1,012m2 and hosts the Carrington Hotel and Bottle Shop. The Hotel's primary entrance is from Main Street and the Bottle Shop is accessed via Railway Lane. Lot 2 has an area of 506m2 and hosts a shop (Rockman's) and commercial premises (Hedz Construction office) addressing Main Street. All buildings on Lot 10 and Lot 2 have a 0m setback from Main Street and pedestrian awnings extending the full length of their Main Street frontages. The building on Lot 2 is setback approximately 25m from Railway Lane and 0m from the side boundaries. The Hotel building is setback 25m from the Railway Lane frontage, encroaches on the northern side boundary and is setback 0m from Vernon Street. A pedestrian awning extends for part of the Vernon Street building façade. The Bottle Shop attached


to the Hotel building encroaches on the northern side boundary, is setback 2m from the Railway Lane frontage and approximately 10m from the Vernon Street frontage. Currently vehicles accessing the Bottle Shop enter the site via a driveway on Railway Lane and exit the site via a crossover on Vernon Street. Five (5) on-site parking spaces service the Hotel and Bottle Shop and an Ergon Energy pad mounted transformer is located on an easement (4m x 6m) located in the south-western corner of Lot 10. At the rear of Lot 2 there is a grassed area which is currently used for parking and general storage. Lot 2 has 10m of frontage to both Main Street and Railway Lane. Lot 10 has 20m of frontage to Main Street and Railway Lane and 50m of frontage to Vernon Street. Main Street is asphalt sealed with upright kerb and channel for the full frontage and Railway Lane is 10m wide bitumen with layback kerb and channel for the full frontage. The site is serviced by reticulated water supply and sewerage with mains located in the Railway Lane and Vernon Street road reserves. An existing clay paved footpath (approx. 15m wide) extends for the length of the Main Street and Vernon Street frontages. The lots slope gradually towards Railway Lane, being the primary point of discharge for stormwater. Opposite the lots on Railway Lane (Lots 153 and 154 on SP120085) is land leased by Council from Queensland Rail (QR) for use as a public car park. The Council car park is provided for general town centre parking rather than being intended to service any specific businesses in the vicinity. The conditions of the lease agreement are such that QR may withdraw the lease at any time with as little as 5 days notice. If this were to occur then Council would be left in a situation where-by it would have to find an alternative site(s) to accommodate the shortfall in town centre parking at short notice. BACKGROUND AND CONTEXT

On 20 December 2012, Council approved subject to conditions, a development permit for a Material Change of Use (Licensed Premises and Gaming House) for the expansion of the Carrington Hotel. The Decision Notice dated 21 December 2012 is provided as Attachment 1. The approval permits the Applicant to demolish the existing Bottle Shop component of the Hotel so as the site can accommodate an extension to the Hotel and Bottle Shop. There would also be some minor reconfigurations to the internal layout so as to allow for additional gaming facilities (i.e. pokies and TAB). The proposed floor area variations associated with the different components of the Hotel are as follows:

On 19 February 2013, Council received representations from Twine Surveys P/L on behalf of the Applicant. The letter also requested that Council Officers await further representations prior to finalising the report. On 1 July 2013, Twine Surveys P/L advised Council's Planning Officer via email that the Applicant did not intend to lodge further applications and requested that the report be finalised on the basis of the original representations. The representations relate to the Adopted Infrastructure Charges Notice and conditions 4.5 (Car Parking and Internal Driveways) and 4.6 (Frontage Works). The representations and officer's response to each are provided below.

APPLICANT'S REPRESENTATIONS

Adopted Infrastructure Charges Notice (AICN) The following charges apply to the development as per the AICN, recalculated in accordance with the charge rates currently applicable under Council's 2013/14 schedule of fees and charges:

Component Existing NLA Proposed NLA Total NLA Gaming House 137m2 + 54m2 191m2 Licensed Premises 171m2 + 472m2 643m2 Bottle Shop 210m2 - 119m2 91m2


Representation by Applicant

Response Pursuant to section 678 of the Sustainable Planning Act 2009, Council must consider any representation made under section 677 in relation to an infrastructure charges notice and if it agrees with the representations, issue a Negotiated Infrastructure Charges Notice, or if it does not agree, then it must give a written notice to the applicant stating the decision about the representations. After reviewing the above representation, Council's Planning Officer considers that there are insufficient grounds for amendment of the infrastructure charges, given that:

(i) There is currently no formal Council policy in place for the type of deferral sought by the Applicant;

(ii) Council has already granted the Applicant a considerable reduction in car parking contributions amounting to roughly $53,000.00; and

Infrastructure Charge EP Rate Current

Amount of Charge

Water Supply Infrastructure Charges 15.8 $2,005.00 $31,679.00

Sewerage Infrastructure Charges 15.8 $1,520.00 $24,016.00

TOTAL CURRENT AMOUNT OF CHARGE $55,695.00


(iii) Council is charging similar infrastructure charges for this type of development in other locations throughout TRC and discounting or deferring charges without a policy in place would cause equity issues for other developments.

It is noted that the infrastructure charges are not payable until the development is completed and Council has little to no capacity to offer any infrastructure discount due to a lack of funds available to construct new infrastructure and to maintain and upgrade existing infrastructure networks. Although Council has allowed the deferral of infrastructure charges for the expansion of the Carinya Home for the Aged (Atherton) and the Ravenshoe Railway tourist facility, deferral was granted on the basis that the proposals would deliver significant community and economic benefits. It is not considered that the proposal under consideration poses similar benefits and it is not recommended that a Negotiated Infrastructure Charges Notice be issued in this instance. If, however, Council considers that this matter warrants further investigation, Council officers are in the process of obtaining economic modelling software capable of estimating economic benefits or could use the scorecard (as used for Carinya proposal) based on the economic and community benefits posed by a particular development. Such an exercise may be somewhat redundant in this case though, given that the development is purely for commercial gain and may even result in some adverse social impacts, being licensed premises and gaming house. Condition 4.5 - Car Parking and Internal Driveways This condition currently reads:

The developer must ensure that the development is provided with 3 on-site car parking spaces which are available solely for the parking of vehicles associated with the use of the premises generally in accordance with Hedley Constructions Drawing No. P.0.03, dated August 2012. All car parking spaces must be sealed, line-marked and appropriately drained prior to the commencement of the use, to the satisfaction of Council's delegated officer. Prior to works commencing, the developer must submit engineering plans and specifications for the construction of proposed car parking facilities and internal driveways demonstrating: o Compliance with Australian Standard AS2890:1 Off Street Parking – Car Parking

Facilities; o Compliance with Australian Standard AS2890.3 Bicycle Parking Facilities; o Compliance with Australian Standard AS1428:2001 – Design for Access and Mobility;

and A sign must be erected in proximity to the access driveway indicating the availability of on-site car parking. AND Prior to the issue of the Development Permit for Building Work a contribution must be paid in lieu of 20 car parking spaces not provided on-site in accordance with the rate identified in the Fees and Charges Schedule at the time of payment for "All other Planning Areas" (Atherton) the current rate being $2,647.00 for each car park not provided on-site. Currently the total contribution in lieu of on-site parking is $52,940.00.



Response Council's Planning Officer notes the following:

• By allowing the parking contribution to be calculated in accordance with the "other areas" charge rate, rather than the "Business Centre Core" charge rate, Council has already taken-on roughly $53,000.00 in costs that would otherwise have been attributed to the Applicant;

• Parking credits have already been applied to the entire floor area of the existing building (including the existing bottleshop) which includes any credits associated with past extensions to the premises;

• The approved development includes a significant dining component of over 400m2 with seating for approximately 200-300 persons (as indicated by the approved plans), and therefore parking demand will outstrip supply at peak times of patronage;

• The land comprising the Railway Lane public car park is only leased by Council and as such Council may be left to find an alternative site at a moments notice should the lease be cancelled; and

• It is highly unlikely that the current contribution of $52,940.00 could even be used to purchase the land required for just 20 spaces, let alone the amount of land necessary to accommodate the actual parking demand generated by the development.

If however Council considers that this matter warrants further investigation, Council officers are in the process of obtaining economic modelling software capable of producing a "cost-benefit"


scorecard based on the economic and community benefits posed by a particular development. Such an exercise may be somewhat redundant in this case though, given that the development is purely for commercial gain and may even result in some adverse social impacts, being a licensed premises and gaming house. Condition 4.6 - Frontage Works This condition currently reads:

The developer is required to construct the following works, designed in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer:

o Kerb and channelling for the full frontage of Lot 10 on A31946 and Lot 2 on RP707600 (excluding accesses) to Railway Lane and Vernon Street;

o Signage and line marking as per the Department of Transport and Main Roads Manual of Uniform Traffic control Devices (MUTCD);

o Footpath earthworks and reinstatement of all disturbed footpath areas;

o Adjustments and relocations necessary to public utility services resulting from these works;

o The applicant must construct Railway Lane to a bituminous asphalt standard for the full frontage of Lot 10 on A31946 and Lot 2 on RP707600, for the full pavement width in accordance with the Atherton Shire Planning Scheme Policy No. 1 – Road Construction Standards and Operational Works Development Standards;

o Any setback area between the building façade and kerb and channel on the Railway Lane frontage must be concreted;

o The redundant vehicle crossover(s) on Vernon Street must be removed and footpath paving reinstated accordance with the pavement style required by the Atherton Shire Council Policy 3.5.2 and any damaged sections of the existing paved footpath must be repaired in accordance with the policy;

o A waste bin of the same design as those on Main Street, must be installed on the Vernon Street footpath fronting the subject site.

Prior to works commencing, plans for the works described above must be approved as part of an Operational Works application.



Response The requirement for kerb and channel is a standard condition imposed on developments of the sort and is considered to pass the test of what is "relevant and reasonable" pursuant to section 345 of the Sustainable Planning Act 2009. The condition does not require the Applicant to construct kerb and channel along the full Railway Lane and Vernon Street frontages, only where sections are new (i.e. where a redundant crossover is removed), already damaged or become damaged during construction. Council's Planning Officer has inspected the existing kerb and channel and determined that the existing sections are relatively intact, therefore if care is taken during construction to minimise further damage to the kerb and channel, then the additional works would be limited. In relation to the request for the roadworks on Railway Lane to be reduced to half pavement width, Planning Scheme Policy No. 1 - Road Construction Standards and Operational Works Development Standards, section 1.3 (b) states:


"Where development of the land opposite the site is not envisaged, the applicant must provide a full width pavement designed and constructed in accordance with the FNQROC Development Manual."

There is ample justification for the road to be constructed for the full width given that not only is development not envisaged on Lot 154, but traffic generated by the development would largely be focussed on Railway Lane due to the reliance on Lot 154 for parking and the location of the new bottleshop. This condition is also considered "relevant and reasonable" as per section 345 of the Sustainable Planning Act 2009. It is not recommended that this condition be amended. Date Prepared: 11 July 2013


ATTACHMENT 1 DECISION NOTICE (DWVS# 3139687)


ATTACHMENT 2 APPLICANT'S REPRESENTATIONS (DWVS# 3193987)


ITEM-4 PLANNING & ENVIRONMENT COURT OF APPEAL 2738 OF 2012 - MAHOGANY PLANTATIONS OF AUSTRALIA PTY LTD - LOT 147 ON CWL198 - SITUATED AT TULLY FALLS ROAD, RAVENSHOE - 08/017 CONFIDENTIAL

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 275 of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following:

(f) starting or defending legal proceedings involving Council.


REGULATORY SERVICES

ITEM-5 REVIEW OF GUIDELINES FOR POLITICAL ADVERTISEMENTS AND STREET STALLS DURING ELECTIONS


MEETING: Ordinary

MEETING DATE: 1 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Julie Buckley, Manager Regulatory Services DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

This report is to highlight the need for review of the current "Guidelines For Political Advertisements and Street Stalls during Elections. The report offers a draft for Council to consider adopting as policy which reviews the criteria for the placement and display of election signs. The existing guideline was drafted and adopted prior to adoption of the Tablelands Regional Council Local Laws 2011 and therefore is no longer consistent.


"That Council: 1. Adopt the attached draft guidelines as policy to replace the content of the current "Guidelines

for Political Advertisements and Street Stalls during Elections regulate election signs following criteria in the attached draft policy.

2. Adopt an application fee of $220."

BACKGROUND

The current guideline is outdated as it was drafted and adopted prior to the making of the 2011 local laws; therefore it does not have one true head of power to support any actions that may result from its enforcement. The draft policy identifies the legislative provisions that relate to advertising devices including political signage. Local Law No 1 (Administration) law does not include political signs in the list of "permitted signs" (definition attached) therefore an approval under the local law is required to display them. Section 6 of Schedule 8 of Councils Subordinate Local Law No 1 refers to conditions that will be applied, in particular the "Guidelines for Political Advertisements and Street Stalls during Elections ". Currently for certain other types of temporary and portable advertising signs the minimum standards are applied which enables those who comply with minimum standards and have a permitted sign are not required to make application or pay a fee. Political or election signs are not included as a permitted sign and therefore require an approval. Council may choose not to charge a fee or to set a fee.


The existing guideline which is being reviewed requires the payment of an application fee ($100) and a refundable bond ($200) however our local laws do not provide for taking of a bond, while the Local Government Act requires that the fee must only be enough to recover the costs to Council in providing the service. Neither the application fee nor the bond referred to in the guideline is listed in Councils schedule of cost recovery fees. To ensure that Council is acting lawfully it is suggested that the requirement for a bond be deleted and replaced with appropriate enforcement action where owners fail to comply with the minimum standards or specific criteria for the installation of political signs. This approach will enable Council to require an application and application fee, consider an application, approve, refuse to approve, or approve with conditions. Where owners do not comply with the standards and conditions, officers can then issue compliance notices, infringement notices, or remove and impound the relevant signs. This would be more efficient and remove the need for the double handling of bonds. Councils current (13/14) schedule of cost recovery fees for the installation of an advertising devices are: application fee $220. This fee is calculated to apply to one sign and provide for the financial year or remainder of the financial year, Council may consider reducing this fee as the approval is not required for the entire year, however as such applications would generally relate to a significant number of signs it may be appropriate to charge a fee equal to or greater than the current fee. Schedule 8 of the subordinate local law contains the conditions that will normally be imposed on approvals. Conditions that will ordinarily be imposed on approvals (1) For all approvals, a condition that will ordinarily be imposed is that the approval holder must

comply with the prescribed requirements for advertising devices in section 2(3) of this schedule.

(2) For an approval for installing a banner, a condition that will ordinarily be imposed is that the approval holder must comply with the local government’s published Guidelines for the Management of Temporary Public and Community Events Banners and Signs.

(3) For an approval for installing a portable sign, a condition that will ordinarily be imposed is that the approval holder must comply with the local government’s published Guidelines for Portable Sign Permit.

(4) For an approval for installing an advertising device for the purposes of an election, a condition that will ordinarily be imposed is that the approval holder must comply with the local government’s published Guidelines for Political Advertisements and Street Stalls during Elections.

(5) For an approval for installing a billboard within the former Mareeba Shire, a condition that will ordinarily be imposed is that the approval holder must comply with the local government’s published Policy for the Assessment of Advertising Billboards within the former Mareeba Shire.

Of these; subsections 1, 3 and 4 are relevant with 4 being the most important. This means that any conditions that Council wish to apply to the installation of political advertising (which are over and above the prescribed requirements for all signs) must be contained in the published "Guidelines for Political Advertising and Street Stalls during Elections" The generic nature of the subordinate local law means officers should be given further guidance when dealing with an application or installation. It is proposed to use this policy titled; Guidelines for Political Advertisements and Street Stalls during Elections to guide officers and provide clarity for campaigners.

In addition to the attached and reviewed "Guidelines for Political Advertising and Street Stalls during Elections", other relevant documents include: - • Tablelands Regional Councils "Fact Sheet - Signs & Advertisements"


• Department Transport and Main Roads "Roadside Advertising Guide 2009 Edition 1.1" • Tablelands Regional Councils "Guidelines for Commercial Use of Local Government

Controlled Areas and Roads"

DE-AMALGAMATION ISSUES

NIL

LINK TO CORPORATE PLAN

CONSULTATION

Internal Steven Ripper External NIL

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

If Council knowingly allows a sign to be installed that does not comply with the prescribed criteria listed in Councils local laws and such sign has contributed to an accident Council may be apportioned more liability than necessary.

POLICY IMPLICATIONS

If adopted, the reviewed or new policy will need to maintain its title of "Guideline for Political Advertisements and Street Stalls during Elections" as the subordinate local law makes reference to this publication. This reviewed policy will need to be updated in Councils Policy Register.

FINANCIAL & RESOURCE IMPLICATIONS

Capital NIL Operating Minimal

Community Safety Support a safe living environment for the community through a proactive response to public safety matters.

Traffic Management Plan for, provide and maintain a safe and trafficable road network for the movement of people, goods and services safely, efficiently and conveniently.

Transparent Practices Ensure the administration of the region is governed through open and transparent decision making practices and coordinated management and reporting processes.

Customer Relations

Provide friendly, efficient, responsible and accessible services to all customers through the development and maintenance of a workplace culture and systems that focus on excellent customer service delivery.


Is the expenditure noted above included in the 2012/2013 budget?

NIL

If not you must recommend how the budget can be amended to accommodate the expenditure NIL

IMPLEMENTATION/COMMUNICATION

One enquiry for the installation of political advertising devices has been received.

ATTACHMENTS

1. Current Guidelines For Political Advertisements and Street Stalls during Elections 2. Guidelines for the Management of Temporary Public and Community Events Banners and

signs 3. Guidelines for Portable Sign approval 4. Draft Guidelines For Political Advertisements and Street Stalls during Elections 5. Guidelines - Commercial Use of Government Controlled areas - 2013 - 2014 (2).doc 6. Schedule 8 of Tablelands' Regional Council Subordinate Local Law No.1 (Administration)

2011.) Including; Section 2 - Prescribed requirements for advertising devices and Section 4 - Additional criteria for the granting of approval (Dataworks No 2312984)

7. Signs & Advertisements – Fact sheets Date Prepared: 24 July 2013


Subordinate Local Law #1 - Schedule 8


ITEM-6 POULTRY UPDATE - JULY 2013 CONFIDENTIAL

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 275(1)(f) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following:

(f) starting or defending legal proceedings involving Council.


CORPORATE PLANNING, PERFORMANCE & RISK

ITEM-7 CULTURAL CENTRE - FINANCIAL IMPLICATIONS DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 1 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Alan Lambert, Manager Corporate Planning, Performance and

Risk DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

The purpose of this report is to formally present to Council the report prepared by The 20/20 Group Australia Pty Ltd on the Financial Implications of the Construction of a Regional Cultural Centre on the Atherton Tablelands, and to advise Council of the recommendations of the Regional Cultural Centre Advisory Committee in relation to the report. While the 20/20 Group report makes no specific recommendation on whether a Regional Cultural Centre should be constructed or not, it does provide a significant amount of information, including estimated capital, construction and maintenance costs, on which Council should be able to make a determination whether or not to proceed further with this project. The recommendation set out hereunder is the recommendation of the Regional Cultural Centre Advisory Committee.


"That Council:

• Receive the report on the Financial Implications of the Construction of a Regional Cultural Centre on the Atherton Tablelands prepared by The 20/20 Group Australia Pty Ltd.

• Endorse the recommendation of the Regional Cultural Centre Advisory Committee that the vision of a Regional Cultural Centre on the Tablelands continue to be pursued at Council level with the next stage being the completion of a documented business case for the proposal, including preliminary plans and cost estimates, in order to have the project 'shovel ready' to take advantage of funding opportunities that may arise in the future.

and that:

• Progression of this matter to the next stage as outlined above be delayed for further consideration by the respective Councils (the continuing TRC and the new MSC) after de-amalgamation.

• The term of the Regional Cultural Centre Advisory Committee be extended to 31 March 2014 to afford the Committee the opportunity to make a full presentation to the new Councils."


BACKGROUND

As Council is aware, the concept of constructing a Regional Cultural Centre on the Tablelands was initiated by the previous Council and a Regional Cultural Centre Advisory Committee established to pursue the proposal. Cr Hodge is the current Chairperson of the Advisory Committee. As the Committee is a voluntary committee without the necessary skills to undertake a detailed financial analysis of the proposal, the task of investigating the financial implications of constructing a Centre on the Tablelands was contracted to The 20/20 Group (refer Council resolution of 6 September 2012). The 20/20 Group report has taken more time to complete than initially anticipated, however, this is mainly due to the difficulties in trying to predict what the revenues and operating expenses might be for a Centre on the Tablelands and arriving at figures that have some reasonable and logical basis behind their calculation rather than just plucking figures out of the air. It will be noted when reading the attached report that the consultant has utilised the figures supplied by other regional venues in Cairns, Ayr and Charters Towers as well as the percentages from the APACA 2011 Economic Activity Report as the basis for the figures arrived at for the proposed Tablelands Centre. This has been somewhat of an iterative process but it is the writer's opinion that the figures the consultant has come up with are a very sound estimate of what it might cost for a Tablelands Regional Cultural Centre, particularly given that the figures obtained from the other Centres don't necessarily disclose all of their financial transactions because some are 'commercial in confidence' or are hidden away in other Council costs. It should also be noted that the consultant has put in many more hours on this project than their quoted fee allowed for, however, the focus has been on providing the Committee with the best possible advice based on the information available and they did not try to cut the project short simply because the time involved exceeded their budget price. The attached report, while not making a specific recommendation on whether a project of this nature should proceed or not, contains a significant amount of information for Council to make its own mind up whether or not to pursue the proposal further. The only recommendation in the report relates to the management model that should be used for a proposed Tablelands Centre (if constructed). The report, in Section 14, provides an indication of potential employment generation and economic benefits to the region, however, it should also be noted that in Council's 2013/14 budget, provision has been made to purchase the economy.id economic development impact assessment modelling tool through a regional initiative by Advance Cairns and this tool may also be able to provide an indication of potential economic benefits. The modelling tool will be loaded with all relevant statistical and economic data relevant to the Tablelands region and by simply plugging in the number of additional jobs in one industry sector, the model will tell you how many additional jobs will be created across the region in other sectors of the economy. The Model enables a user to: • Assess the flow on effects of adding jobs in one industry sector to other sectors of the

economy. For example, if you create 100 jobs in the food processing industry, how many additional agricultural and transport jobs will you create?

• Quantify the total number of jobs that will be created both locally and further afield. • Quantify how many of those jobs will be filled by local residents, and how many by people

commuting in to the LGA • Quantify the impact on Gross Regional Product. • Test different scenarios. For example, what is the difference between building up jobs in a

strong existing industry sector, compared to establishing a new industry sector. • Assess the economic impact of job losses in an industry sector. • Select the industry to be modelled from an extensive list of 49 industry sectors. View the impact

across all 49 sectors. • Make confident decisions backed by solid evidence.


• Build a powerful case for funding applications and investment. The 20/20 Group report was considered by the Regional Cultural Centre Advisory Committee at a meeting held on 18 July 2013. The Committee was very pleased with the quality of the 20/20 Group report and is very keen to see the project continue, however, the Committee also recognises that a facility of the size and scale of the draft layout plan that was prepared by the Committee and costed by WT Partnership at $45.0M is not an affordable option and that a revised proposal needs to be developed that will bring the cost down to a level that is affordable by the Council and the community and for which the capital cost would need to be significantly offset by grant funding and other fundraising and public donations. In the Committee's opinion, a priority issue that needs to be addressed before any further action is taken is the location of the proposed Centre as this will have a significant impact on the design and layout of the Centre and the cost. It was suggested that Council (whether the continuing TRC or the new MSC) needs to set aside a preferred site for the Centre that could allow for staged development of the proposal. In this regard, staged development would not necessarily entail adding onto an initially constructed main building (eg the Performing Arts Theatre) as other stages eg Cinemas, Restaurant, could be separate stand alone buildings built on the same site but in close proximity to the main performing arts theatre and possibly even linked in some way to the theatre. Depending on the tenure of the site, these additional buildings could be leased or sold to private enterprise. To determine the most appropriate location for a proposed Centre, either of the new Councils might wish to consider undertaking a specific public consultation program to gain the views of residents on whether they support the proposal and where they think it should be located. While a User Group Survey was conducted as part of the feasibility study, this was directed towards groups and organisations that might use a proposed Centre eg Little Theatre Groups, Dance Groups, Schools etc, not the general public. If a proposed location was determined, in order to progress the project to the next stage it would be necessary for the proponent Council (whether TRC or MSC) to allocate sufficient budget funding to undertake the following:

• Further investigation of the design and layout of other Centres in Queensland (and possibly NSW) and the development of a revised concept plan for a Tablelands Centre that is within the financial capacity of the Council and the ratepayers of the region to construct and operate. In this regard, a project with a capital cost budget of $15.0M upper limit be the desired outcome;

• The preparation of preliminary architectural plans of the agreed concept sufficient to allow reasonably accurate cost estimates to be obtained;

• The costing of the proposal by an acknowledged Quantity Surveyor. (Depending on cost, it may be preferable from a cost accuracy and comparison point of view to have the proposal separately reviewed by two Quantity Surveyors);

• Based on the agreed concept plan and the cost estimates obtained, the preparation of a business case document that can be used to support applications for funding for the project from significant grant funding sources such as RDA. It may be possible, if the Centre is structurally designed to also have the capacity to act as a cyclone shelter, to secure Disaster funding to assist with the project.

Because of de-amalgamation, the Committee understands that it is difficult for the current Council to make any firm commitments in relation to the proposal and that while the Committee's recommendation is that the vision of a Tablelands Cultural Centre continue to be pursued at Council level, progression of the project to the next stage should be delayed for further consideration by the respective Councils after de-amalgamation.


The Committee itself is also keen to make a full presentation to both Councils following de-amalgamation and in this regard requests that the term of the Committee be extended to 31 March 2014 to afford them this opportunity. As noted in a previous report to Council (15 August 2012), the initial 12 month tenure of the Committee expired in March 2012 but the previous Council, at its meeting held on 7 March 2012, granted an extension of 12 months to March 2013. No further extension of the Committee's term has been sought to date as it was expected that the report by The 20/20 Group would have been finished prior to March 2013. However, given the delay in receiving the report and the Committee's desire to brief both Councils, it is recommended that a further 12 month extension be granted to 31 March 2014.


The report recommends that progression of the Cultural Centre project be delayed for further consideration by the two new Councils after de-amalgamation.


COMMUNITY - Cultural Development: Encourage recognition and appreciation of regional arts, culture, heritage and diversity and support and provide opportunities for individuals, clubs and groups to participate in the arts and cultural life of the community.

CONSULTATION

Internal Chief Executive Officer Chair of the Cultural Centre Advisory Committee - Cr Hodge and members of the Committee External The 20/20 Group


Nil

POLICY IMPLICATIONS

Nil


Capital Nil Operating If either of the two new Councils wishes to progress this matter to the next stage, it is estimated that a budget allocation of approximately $50,000 would be required. This is based on:

• Public consultation re support for proposal and suggested location $5,000; • Visitations to other Centres in Queensland and NSW to gain ideas and information for

development of a Tablelands Cultural Centre Concept Plan. This would entail travel costs and expenses for at least two Committee members accompanied by an Architect or Building Designer $10,000;

• Preparation of preliminary architectural drawings $20,000;


• Preparation of building cost estimates (costed by two separate Quantity Surveyors) $15,000.

Is the expenditure noted above included in the 2013/2014 budget?

No

If not you must recommend how the budget can be amended to accommodate the expenditure Would need to be considered at budget review or held over and included in the next year's budget.


Nil

ATTACHMENTS

1. Report by The 20/20 Group on the Financial Implications of the Construction of a Regional Cultural Centre on the Atherton Tablelands.

Date Prepared: 24 July 2013


ATTACHMENT 1


ITEM-8 UPDATE ON FLYING FOX MANAGEMENT ISSUES ON THE TABLELANDS AND THE NEW APPROACH PROPOSED BY THE STATE GOVERNMENT


MEETING: Ordinary

MEETING DATE: 1 August, 2013 REPORT AUTHOR/ OFFICER’S TITLE: Kirsty Lamperd, Senior Advisor Environmental Planning DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

This report provides an update on flying fox management issues on the Tablelands and the new approach proposed by the State Government regarding flying fox management.


"That Council receive the report as information."

BACKGROUND

The purpose of this report is to provide an update on flying fox management issues in the Tablelands Region and also the movements at a State level in regards to empowering Council's with more authority in regards to flying fox dispersal. Oleander Drive Reserve The residents have a permit in place for dispersal of flying fox through the use of noise, smoke and visual deterrents. This permit is in place from 1 July 2013 until 31 December 2013. Currently the flying fox have fully vacated the Oleander Drive reserve site. Council has a permit for vegetation modification which involves removal of crèche trees (these are trees where the baby flying fox are known to roost), thinning of vegetation along the northern side boundary and also along the front boundary and works to make the tracks safer and more accessible throughout the reserve. These vegetation works commenced on 23 July 2013. The vegetation works at the Oleander Drive reserve are for two purposes: 1. To provide a less desirable environment for the flying fox to roost in; and 2. To provide a more enjoyable and safer area for public use. As the flying fox are currently vacant from the site, the residents have not as yet invoked the permit. As the first flying fox return to the site the residents will act swiftly to commence dispersal activities. The flying fox species at Oleander Drive are the Spectacled flying fox. This species of flying fox are generally more predictable in their known movements each year. For example it is well known that the Spectacled flying fox arrive at Oleander Drive reserve each year around August and leave the following year in about May/June.


Mareeba Little red flying foxes Council had obtained a permit for dispersal of Little red flying fox from the Granite Creek area in Mareeba. The permit period is from 29 April 2013 to 28 October 2013. Little red flying fox form large camps that can include over 100,000 individuals. Early in 2013, a group around this size arrived in Mareeba and took up camp along Granite Creek. It is expected that the native trees were in blossom at the time which is what attracted the flying fox to the area. The Little red flying fox are nomadic and their movements depend on available food sources. During the six month period that the Little red flying fox were in the vicinity of Mareeba, there were periods when they were present for numerous weeks, then move to another location out of the township area, then back again and so on. There was no predictability as to when and where this species group was going to locate themselves. At the stage when the dispersal permit was issued (late April), the flying foxes had left the area however, in late May they appeared again in a spot on the Barron River at the very northern end of Walsh street. As the dispersal permit was in place, Council was able to commence the dispersal activities. Dispersal activities involve: • Public education and media advertising of the activity • People to conduct the dispersal activities • Equipment to conduct the dispersal activities • Registered carer available during dispersal activities • Notification to DEHP of dispersal activities • Budget to carry out the points above Dispersal methods used included a horn, siren, spraying water from a quick spray unit and limited use of Birdfrite. The supply of Birdfrite cartridges has ceased temporarily due to the manufacturer having issues with the quality of the cartridges. Planned methods included smoke and visual deterrents. Initial inspection of the flying fox colony by Council officers and carers did not identify the breeding status of the flying fox and the fact that young flying fox were present. Little red flying fox are smaller than other species and the babies are not much smaller by comparison when viewing through binoculars or the naked eye at a distance. It was only on the second or third day of dispersal activities that it was recognised that their were babies present and of an age where they were not able to fly. The mother flying foxes leave their babies in one or two trees (crèche trees) while she goes out for feeds or socialises with other flying foxes. The mother returns to the baby during the day when the baby can climb onto her back for feeds or moving to other trees or sites. During the dispersal activities, it was found that when noise was occurring, the mother would fly away from the tree that the baby was in, only to return later back to the baby. The lack of protection of the babies by their mother promoted bird of prey activity and it was also found that one baby to our knowledge had fallen to the ground, which was rescued by the carer. It is unknown how many others may have fallen and gone unnoticed. A condition of the permit is that dispersal activities much cease should stress or harm be caused to the flying fox. Considering the impact upon the baby flying fox and the fact that the dispersal activities were clearly causing stress and harm, the decision was made to cease the dispersal after 4 days of activity. As it turned out, the following week, the flying foxes left the area. The writer conducted a thorough search and could hear a colony of flying foxes in the vicinity of Plowman's crossing in Mareeba but could not visually locate them. It is expected that the flying fox would not have travelled far as the


mothers would have had babies to carry on their back. No further complaints or reports of the flying fox colony have been received. Lessons learnt Council has no wildlife personnel or person appointed to a role of flying fox dispersal. The writer had to negotiate with Managers to allow staff to be taken away from their usual duties to conduct flying fox dispersal activities. One staff member from the local laws team and the fire management officer were seconded from normal duties to conduct flying fox dispersal. The problem this caused was that these staff were not available consistently every morning to conduct dispersal activities. The lack of staff available for dispersal activities is identified as a weakness for Council in delivering this service. An outside contractor would have the ability to provide a much better service in this respect. The other lesson learnt is in regards to dispersal activities involving the Little red flying fox species. This species is erratic in their movements which makes management efforts difficult. New State direction Flying fox removal in Queensland continues to be governed by the same legislation covering all protected animals in Queensland, however there are a number of recent amendment proposals to the legislation and management approach that will affect local government. The State Government has moved to streamline the management of flying fox colonies. In May, a discussion paper on flying-fox roost management was released for consultation, outlining the proposed new approach and posing a number of questions for consideration. Submissions closed on 27 June 2013 and are currently under consideration. As part of the proposed approach, councils would be given as-of-right authority to manage flying-fox roosts that fall within proposed urban flying-fox management areas. Roost management actions would be limited to non-lethal methods only, and guided by a new code of practice. The writer attended a workshop held by LGAQ in Brisbane where local government representatives were given an opportunity to discuss in length, issues with the proposed code of practice. Following this workshop, Council provided a 3 page submission on the proposed code of practice (attached). One of the main concerns is the public perception that Councils are now responsible for all flying fox management issues. This is a perception that requires careful management. LGAQ have a number of information brochures and guides available for the purposes of Council representatives which are attached. A draft of a code of practice has not been released but is expected by the end of the year. Once the code of practice is in place, Council will need to closely consider how it wishes to deal with flying fox into the future.


There are flying fox roost sites in areas of the new TRC and Mareeba Shire.


A SUSTAINABLE ENVIRONMENT Outcome - Responsible Environmental Management


Environmental responsibility in the ongoing development of the Region, by improving and managing the natural and built environment. Strategy: Environmental Protection Preserve and manage the region's natural environment, open space and scenic amenity including bushland, wildlife, waterways management, water and air quality so as to maintain urban amenity and the productivity of rural land as well as minimizing the impact that waste generated by human activity has on the natural environment. A VIBRANT AND HEALTHY COMMUNITY Outcome - Health and Wellbeing A community that proudly supports a sense of place and identity within the region and contributes towards an enjoyable, active, healthy and safe living environment. Strategy: Community Safety Support a safe living environment for the community through a proactive response to public safety matters.

CONSULTATION

Internal Shane Bisseker, Coordinator Parks and Gardens External Jenny Maclean, Tolga Bat Hospital Residents at Yungaburra and Mareeba


Relevant State and Federal legislation governs activities relating to flying fox and also vegetation removal.

POLICY IMPLICATIONS

Nil


Capital Nil Operating Nil Is the expenditure noted above included in the 2012/2013 budget?

Nil

If not you must recommend how the budget can be amended to accommodate the expenditure Nil


No communication action required at this stage.


ATTACHMENTS

1. A guide to managing flying fox in Queensland - LGAQ 2. A review of dispersal actions 2009-2013 - Billie Roberts 3. A new approach discussion paper - DEHP 4. Submission on proposed new approach code of practice - TRC Date Prepared: 24 July 2013.


ADMINISTRATION

ITEM-9 QUARTERLY REPORT APRIL, MAY JUNE, GENERAL MANAGER PLANNING AND DEVELOPMENT


MEETING: Ordinary

MEETING DATE: 1 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Steven Ripper, General Manager Planning and Development DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

The report provides Council with a summary of the activities of the Planning and Development Department for the months of April, May, and June 2013.


"That Council adopt the quarterly Report for April, May and June 2013 submitted by the General Manager Planning and Development."

BACKGROUND

CORPORATE PLANNING, PERFORMANCE & RISK

Environmental Planning Corporate and Operational Plan linkage: This section reports against the following Operational Plan tasks/activities:

Waste Collection and Waste Recycling OP12 – Continue with preparation of Kerbside Waste Collection contract and tender documents OP51 – Participation in composting trial at Mareeba landfill Natural Environment Management OP52 – Preparation of Flying Fox Management Plans for roosting sites at Yungaburra, Mareeba and Tolga OP53 - Participate as a member of the GBRMPAs Reef Guardian Council OP54 – Implementation of adopted Sustainability Action Plan including continuation of energy consumption audit Environment Compliance OP55 – Finalise the implementation of an Integrated Environmental Management System (IEMS) for all TRC licensed premises Landfill Management OP64 – Undertake detailed hydrogeological study of old Mareeba landfill


Environmental Planning

Buildings: Council has been successful to date in obtaining two funding programs being:

1) Ergon Energy Community Fund - Council received $5000 to install four Solatube skylights

to reduce the demand on daytime electric lighting in the Atherton Gymnastic Hall. Installation of the Solartubes will occur as soon as facilities can find an appropriate time for works to be undertaken.

2) Community Energy Efficiency Grant - round 2 (CEEP)- Council received $349,376 towards

new floodlighting for the Davies Park sportsground and Atherton Showgrounds and upgrades to the Atherton Library air-conditioning system and interior lighting. The final funding agreement has yet to be received by Council. Planning processes are progressing whilst waiting.

Council is still yet to hear about the Local Government Energy Efficiency Program which involves replacing 14 aging 125L Dux electric hot water systems with 300L Rheem heat pumps at the aged care units in Lawson Street, Mareeba. Notification from funding body should occur soon. Energy Audits have been conducted on two of Council's top 10 high energy using buildings. The Rankin St Office and Mabel St Office have had full energy audits conducted. Audit reports will enable Council to identify no cost, low cost and best investment options. The Atherton Library and Gallery will undergo a full energy audit as part of the CEEP funding upgrades. Paper Smart Reduction of Council paper use project is ongoing. Council paper procurement was recently offered for tender. Two suppliers responded and it appears nothing will change towards increased sustainability with regards to the paper Council uses. Environmental Planning has recommended that in future Council could approach the companies offering the paper with recycled content and better environmental credentials, but which is of a similar price to the paper currently used, to align more closely to 4.1.4 of Council's Procurement policy. Sustainability Action Plan The Sustainability Action Plan 2013 has been progressed and should be completed by the end of July. Further discussion on the subject of the direction it should be following has resulted in the inclusion of more environmental related statistics in annual reports from relevant departments to help gain an overall picture of Council's progress towards improved sustainability. Community Engagement The sustainability and related web pages on the TRC website are updated when relevant. Earth Hour and World Environment Day were promoted and supported. A display to promote Council's website and sustainable practices will be conducted at the Atherton Show.


Flying Fox Management The Department of Environment and Heritage Protection have made moves to provide Council's with greater authority to disperse flying foxes in urban areas without having to apply for a Damage Mitigation Permit. Staff attended a workshop held by LGAQ on this matter and were able to provide valuable input into the future release of a code of practice for flying fox management. The Little Red flying foxes that Council had started to disperse in Mareeba have since moved on. The roost at Oleander Drive, Yungaburra have also vacated the reserve, but are expected to return again in a month or less. A separate report will be presented to Council on this matter. Composting Trial An amended Agreement has been prepared in consultation with Council staff and King Brown Technology. The Agreement is currently with Council's solicitors for review and, providing matters are in order, the Agreement is expected to be presented to Council in August 2013.

Tablelands Community Revegetation Unit

Six to eight regular volunteers are working in the nursery on Tuesdays and Thursdays. The invasive weed control programme on revegetation plantings and Turbina/WONS (Weeds of National Significance) sites continues. These sites are in the Picnic Crossing reserve, and adjoining the Curtain Fig National Park near Yungaburra. They have been identified as source areas for the spread of the weed Turbina corymbosa. Wet Tropics Management Authority (WTMA) Caring for Our Country project TCRU continues site maintenance on approx 7 hectares of revegetated sites and lantana and other woody weed control on large sites in the vicinity of the wildlife tunnels near the Millaa Millaa lookout with the purpose of building wildlife corridors. These works are part of an ongoing funding commitment by WTMA. Staff continue weed maintenance of 2011, 2012 and 2013 plantings. Progress continues with the Malanda riverine project with weed eradication along Johnstone River esplanade near the Malanda showgrounds and maintenance on small planted sites along the river. The Johnstone River and Eacham Landcare group has applied for funding to establish a 'Tree Roo Trail' along this section of the Johnstone River from the Tennis courts down to the showground area which will provide more value to the work currently being undertaken by the TCRU. An area at the Malanda Industrial Park, adjacent to the river has been prepared and planted. This site has been an eyesore and Council has received complaints about this area so these revegetation works will greatly benefit the visual amenity of this industrial area. Staff have continued with the Ergon power line project at Winfield Park, Malanda, planting shrubs and infill under the powerlines. To finish the Ergon Energy Envirofund project (Cairns Birdwing Butterfly Foodplant Establishment Project), TCRU planted over 100 Aristolochia acuminata (native Dutchman's Pipe) vines throughout the Atherton area on the trellises that were installed last year.


For the period April, May June 2013 the following has been conducted at the TCRU:

Land Protection

South Pest Fest Biosecurity Qld held a three day Pest Fest in Mareeba on the 21, 22, 23 of May. TRC Land Protection Unit had a representative attend and carry out a wild dog trapping display /demonstration as requested by Biosecurity Qld. Landowners within the TRC area that were attending the demonstration were very interested in learning this skill as this will add another tool to their arsenal for Wild Dog Management. Stevia ovata (Candyleaf) All known Stevia ovata sites have completed being mapped and treatment has been continuing in all areas. Priority has been the treatment of all outlying sites where the risk of spread is the greatest e.g. along roadsides and watercourses working back towards the initial infestations in the Wooroora Station area. Currently, Stevia is in flower and this is the best time to identify and survey for new sites. At present, additional Land Protection staff have been deployed in the area to assist with this herbicide control work and surveying of the areas at risk of spread. Parthenium Treatment and inspections have continued to be carried out on Parthenium on a fortnightly basis and at this stage no new infestations have been identified. All local earthmoving contractors and quarries have been inspected to ensure the spread of this weed does not continue from infested areas. Department of Main Roads has been carrying out works in areas of concern and have been informed about the possibility of Parthenium spread and encouraged to follow all weed seed spread and weed hygiene procedures. Fire weed Inspections of both Fireweed sites have been encouraging with greatly reduced numbers of plants found over the last twelve months. Only very small amounts of seedlings are found during our inspections and physical removal of these seedlings has proven to be the best method of control. Work will continue to be done fortnightly to ensure no plants are left to seed and this will need to continue in the years to come to be confident that no dormant seeds are left to re-establish the infestation. Giant rats tail (GRT) grass All TRC controlled roads have been inspected and treatment of these roads for GRT has been completed. Landowners in these areas are carrying out work to contain and reduce the spread.

Trees Supplied (projects/public/donations to approved community groups) 5774

Plants Potted 7801

Species Potted 76

Trays sown 106

Species sown 75

Species collected 62

Seed collecting (days) 9

Sites prepared 3

Sites planted 7

Sites -invasive weed control 20

Sites – Monitoring (Days) 1


TRC slasher operators have been continuing to inform the Land Protection staff of any infested areas they come across during the course of their work. Siam weed TRC Land Protection Officers attended a Taskforce to assist other departments/stakeholders in the Lower Herbert River Valley. Other attendees included Queensland Parks and Wildlife Service, Biosecurity Qld Officers, Indigenous Rangers and Hinchinbrook Shire Council staff. The purpose of the Taskforce was to control and map a recently identified outbreak of Siam weed that was a high risk of spread onto land controlled by all stakeholders involved, This taskforce was very productive and everybody involved was very happy with the outcome. Work on Siam weed will continue in the Herbert River Valley when resources and time allows throughout the year. Bellyache bush The small infestation of Bellyache Bush at Mt Garnet has been regularly inspected and only small amounts of seedling regrowth have been found. This is in an area that receives regular fuel reduction burns which helps to reduce the seedbank and control seedling regrowth. Salvinia Land Protection staff have provided advice on control and removal of Salvinia to landowners in the Carrington area as it has totally overtaken small dams and lakes on land in this area and could spread into adjacent waterways. Navua Sedge Work has been ongoing with Navua sedge with one staff member working almost fulltime on the control and monitoring of this weed. Wet weather is the limiting factor on how much time can be spent controlling it with herbicide controls having varying effectiveness in different areas of the Region. A working group has been established to help assist with the reduction of spread due to machinery and vehicle movements and to promote a more coordinated approach to management of this weed by Council, Main Roads and landholders. Vertebrate Pests Wild dogs, feral pigs and rabbits are a fulltime job for one staff member of the Land Protection unit in the Southern area. This work continues to become more difficult to keep up with as pest animals move into built up areas of our Region. Co-coordinated baiting programs are continuing for areas where 1080 guidelines allow and trapping of Wild Dogs in the peri urban areas when time and resources allows. Feral Pig baiting programs have recently been conducted in the Upper Barron area with great success and monitoring of this area will continue to ensure pig numbers do not return to the level landowners were experiencing up until the baiting program. Rabbit RHDV virus release programs continue when requested by residents. North North Queensland Field Day Council Land Protection representatives were on site in support of Biosecurity Qld operators. All the class 2 and class 1 pest plants that occur in our region were displayed as live potted plants along with copies of best practice control manuals & posters. As usual, we received many useful leads from people visiting the stall about where they believe they may have seen some of the declared weeds. All these leads have been followed up, and some early detections and weed removals have been able to be carried out. As ever, early detection and intervention can save us from a major job later. Displays along with information on the management and control of wild dogs , feral pigs and rabbits was also available to the public. Parthenium Weed Property inspections have been conducted in places seen to be at risk of infestation. We can report that no new incursions have been detected for this period. All known and mapped outbreaks have been revisited on a monthly basis in order to be sure that the affected landowner is dealing with the


weed in a timely manner and that no plants are missed and are allowed to reach the flowering stage. All landowners are complying with their obligations. Lions Tail This only known infestation in our area is located at Wrotham Park. The site has been revisited and with the assistance of the Station staff, control operations have been carried out. The early detection of this invasive plant has seen it greatly reduce in area and density of the infestation. The landowner will monitor the site, remove any seedling recruitment through the dry, and staff will revisit after the first storms to carry out further joint control work. Bellyache bush & Rubber vine The entire infestation along Emu Ck and feeder creeks is in the process of being revisited and follow up control work is occurring. Staff have also treated Rubber vine on the top half of Emu Ck. The Rubber vine was treated initially via a project that was funded externally last year. This Emu Ck removal project is a cooperative job with Biosecurity Qld, Mitchell river catchment group, affected landowners and the Northern Gulf Group 4 Tropical Weeds These rainforest invaders are subject to search and remove programs that are run in cooperation with Biosecurity, Charters Towers Tropical Weeds Research Centre, affected landowners & catchment management staff. Kuranda and Julatten are the areas in the north region where these works are ongoing. Gamba Grass All isolated satellite infestations have been located, mapped on to Council's GIS and have been chemically treated. The major infestation on the headwaters of Leadingham and Cattle Ck, all Walsh river waters, have been treated in a strategically driven way that will see all the upstream infestations treated and a containment line established where no plants are left intact outside that buffer. Each year staff will push the infested area further back into the core. This program is being funded externally and mirrors the efforts being invested in the Cape and the Gulf on this weed of national significance Giant Rats tail grass All Council roads have been subject to a roadside spray program. We continue to provide current best practice advice on control and seed spread prevention to property owners who are affected with GRT. Chinee Apple The Barron catchment which once had a major problem with this thorny tree, is now almost free of it. Areas that have been treated in the past and were mapped at the time have been revisited and, as required, all new incursions have been removed. This work was done in collaboration with the catchment management group and those affected landholders. Brillantaisia lamium The only known site of this riparian and rainforest invader in our Council area has been located on the Rex Range thanks to a road worker who was vigilant, had seen some of the awareness material at a field day, and who collected a sample to bring in to land protection staff. Staff conduct monthly visits to this site in order to break the flowering/seeding cycle. Extensive searches of the adjacent forest and gully systems that drain off the road leave us comfortable that we have the weed contained, and with strategic control efforts, staff will in time see complete removal from this site. Water Lettuce, Salvinia, Hymenachne Control works on these aquatic pest plants have seen staff revisit the Upper Barron, Atherton Ck, Granite Ck, Bicentennial Lakes, carrying out removal via boat, canoe, from banks and from wading in.


Vertebrate Pest Management This is the area of greatest growth in land protection operations. Peri-urban wild dogs/dingoes predation on domestic animals such as goats, poultry, pet dogs and cattle on the smaller closer in properties is on the increase and on the large cattle properties. Wild dogs take up more of staff time each year, feral pigs cause problems in all areas, and rabbits are becoming a greater nuisance as well.

Corporate and Community Planning (Glenys Pilat)

Corporate and Operational Plan linkage: This section reports against the following Operational Plan tasks/activities:

Community Development and Capacity Building OP3 - Improve access to health and aged care services and develop an "Ageing Well on the Tablelands" strategy OP61 – Annual review and report back to community of Long Term Community Plan OP62 – Preparation of Reconciliation Action Plan OP63- Develop a Community Engagement Strategy to communicate service level performance, targets and associated risks Economic Development OP28 – Continue to support organisations such as Advance Cairns, Tablelands Futures Corporation, Tourism Kuranda and local Chambers of Commerce OP38 - Local Disaster Management Plan and associated Sub Plans including disaster hazard analysis and Community Resilience and Recovery planning Cultural Development OP17 – Investigate the feasibility of constructing a Regional Cultural Centre on the Tablelands

1. Overview of Performance April, May and June 2013

Item Performance Budget Report Budget is within approved budget Accidents Nil


Tablelands Community Plan

� Eight divisional reports have been prepared which provide an update on the actions taken by TRC since the plan was adopted with the final divisional update due for completion next week. A report to Council on 1

st August will

include each of the updates and they will be widely distributed after the meeting. Some updates have been handed out at the TRC Information Stalls and positive community feedback received.

Community Engagement

� Five TRC Information Stalls for the "Your Council Coming to You" initiative were held from April to June with one stall held in Yungaburra, Malanda and Millaa Millaa and two stalls in Atherton. Each was well attended with 371 people assisted and 127 Customer Requests taken for further follow up:

� Atherton - 197 people assisted and 30 Customer Requests taken; � Yungaburra - 73 people assisted and 32 Customer Requests

taken; � Malanda - 57 people assisted and 19 Customer Requests taken; � Millaa Millaa - 44 people assisted and 46 Customer Requests

taken. � Assistance was provided to design and conduct community consultation for

the Morton Street Upgrade at Kuranda and involved door knocking to advise people of the work to be done and conducting a public meeting in Kuranda to present and discuss options for the upgrade.

Tablelands Aged Care Response Group

� Given the significant ageing of the Tablelands population and the lack of a coordinated response to aged care, the Community Planning & Development Officer has assumed the role of facilitating the Tablelands Aged Care Response Group. This was previously a project of the state govt funded Social and Community Planner, and the project lapsed after funding ceased in Dec 2012.

� The Group has been re-convened, membership expanded and the terms of reference and governance arrangements have been reviewed and updated and the Group will now meet every 3 months with the aim of taking coordinated action on priority aged care issues. The priority issues identified include:

• increasing the number of secure residential beds for dementia clients to reduce the waiting lists across the region; and

• recruitment and retention of nursing and personal carers.


Infrastructure Planning


Community Safety OP9 – Pursue the development of a regional Street Lighting Strategy via the FNQROC Community Transport OP45 – Undertake a pedestrian, traffic and parking study for the Kuranda CBD Roads and Drainage Management OP71 – Develop Stormwater Management Plan for main urban areas within Tablelands Regional Council Asset Management OP88 - Continue the implementation and integration of the asset management system and the capture and refinement of data relevant to all Council assets OP89 - Provide timely and relevant reporting on asset management with replacement, disposal and performance monitoring to ensure desired levels of service and other operational objectives are achieved at optimum cost

Tablelands Health Action Group

� The Tablelands Health Action Group is an advisory committee established by Council to provide a means for Tablelanders to have input to planning for improved health services and facilities. A meeting was held on Wednesday 24th April in the Atherton Boardroom and topics covered included training of medical professionals at Atherton hospital; the links between training, recruitment and retention of rural medical practitioners and the importance of being able to provide training in the Tablelands region; the need to review linkages between existing health groups and organisations as there seems to be some duplication. The next meeting is Wednesday 11

th September in the

Atherton Boardroom. Building Safer Communities

� The annual strategic planning session was held in the Atherton Boardroom on Tuesday 19

th April and priority goals and actions to guide the work of the

committee for 2013 were set.

� The main issues that the committee identified and will be working on are: – Affordable housing and homelessness,

– At risk youth issues and safe leisure places for young people and families,

– Capacity building,

– Health and well being promotion, and

– Road safety

� The committee has decided to apply for 2014 Proceeds of Crime funding and is updating evidence of the need for housing and evidence of homelessness across the region and will use this data to develop a suitable model to reduce homelessness that could be funded as a pilot project.

� The committee has also identified the lack of bulk billing by GP's across the region is a major problem for low income families and letters have been sent to politicians and Medicare Local to lobby for this issue to be resolved.

Economic Development

� Assistance was provided to organise a presentation by ABS Officers on regional statistics.

� Assistance was provided to James Cook University Researchers conducting a project to improve recruitment and training for health and medical officers in FNQ using Mareeba as a pilot project.

� Assisted with developing the new contract for 2013/14 between FNQROC and Advance Cairns for the delivery of economic development services.

� Continue to provide operational support and assistance to Advance Cairns and Tablelands Futures Corporation.

� Commenced development of a framework for assessing requests for discounts on headworks or trunk infrastructure charges.


Asset Management Development Program

Development of Council's Asset Management Plans has continued with ongoing infrastructure condition inspections, project scoping and estimating for prioritisation and future program development. A priority of the Asset Management team has been to prepare revised Asset Management Plans for the Transport, Buildings, Water and Waste Water asset classes for 2013. The Asset Management team in liaison with the Plant and Facilities section has continued to progress the cleansing and verification of existing buildings data sets and inspection and valuation data of all existing building assets to facilitate the development of a single Buildings Asset Register to suit the requirements of Finance, Insurance & Risk Management, Plant & Facilities and Asset Management. A condition audit of 221 buildings out of a total of approximately 1000 Council buildings was undertaken by ULTUM. The buildings inspected represented approximately 46% of the current replacement cost of the existing (new) TRC building stock and 31% of the existing (new) MSC building stock. From this condition data a 15 year forward works program has been prepared to assist both new Council's optimising their renewal expenditure on Council buildings into the future. The Asset Management team prepared a sealed road resurfacing program for both stone chip and asphalt resurfacing, prior to the 2013/14 budget deliberations. The Regional Organisation of Councils (FNQROC) invited tenders for a Regional chip seal resurfacing program of work and this is expected to result in a cost saving in the order of 10% due to economies of scale. A Transport program of works for the 2013/14 financial year was also prepared and has been subsequently adopted by Council. Relevant data was also provided to Plant and Facilities to facilitate their preparation of a Building program of works for 2013/14. Further work has been undertaken to improve the quality of the various asset registers, particularly for bridges, water and waste water. This is an ongoing process in liaison with the relevant Infrastructure and Maintenance Services staff.

Traffic Counter Deployments for the April - June 2013 period

Council has 9 portable pneumatic tube vehicle classifiers used to count, classify and/or measure the speed of vehicular traffic passing a specific point along a given roadway. These devices are deployed at selected sealed road sites on a rolling cycle to ensure the capture of at least 2 weeks data as resources permit. Counters were deployed at the following locations during the April - June 2013 period:

• Rifle Range Rd X 1

• Northey Rd X 1

• Willows Rd X 1

• Shead Rd X 1

• Hall Rd X 1

• Silo Rd X 1

• McConaghie Street X 2


Insurance & Risk Management


Community Safety OP8 – Continue the development and implementation of risk management strategies to ensure that potential safety hazards in public areas and Council controlled facilities are eliminated or minimized

Insurance & Risk Management Claims lodged in April-June 2013 Quarter are summarised below: Small Claims Eighteen new claims were lodged for the quarter Three claims were finalised, cost to Council was $1,823.59 Thirteen claims were denied Four claims are under investigation

Motor Vehicle Claims Eleven new claims were lodged with Council’s insurer for the quarter; excess on these claims will be $5,000.00 Thirteen claims are either under investigation or waiting on assessment or repairs Nine claims were finalised Insurance Special Risk Two new claims were lodged with Council's insurer Public Liability Nineteen new claims were reported Three claims are under investigation

Governance/Policy/Corporate Planning & Reporting (Alan Lambert)


Community Safety OP11 – Regional CCTV Project Policy and Legislative Development OP77 – Continue the review of all existing policies of the four previous Councils and development of a consolidated set of policies for the TRC OP78 – Policy development coordination system

Provision of advice, assistance and support to CPP & R team members and general management oversight of the CPP & R Group as a whole. Some of the activities during the quarter were:

• Further liaison with 20/20 Group in relation to the financial and economic assessment of the Regional Cultural Centre proposal. A draft report has now been received from the 20/20 Group and, following review and consideration of the report by the Regional Cultural Centre Advisory Committee, the report will then be referred to Council.

• Finalisation of the Operational Plan for 2013/14. • Ongoing management of the Pensini road closure issue and the claim by Pensini re

flooding and crop losses on Sorensen Road, Kairi. Assessment of Council's costs in respect of the Court of Appeal action by Pensini has now been finalised by the appointed Costs Assessor and payment of the assessed costs has been received from Pensini. However, assessment of costs for the initial Supreme Court action is still in the hands of the Costs Assessor and is expected to be finalised within the next month.


• Liaison with Grants Officer re submission of funding application for Proceeds of Crime Act funding for the installation of CCTV systems across the Tablelands. A total of $357,162 has been sought for CCTV installations in Kuranda, Herberton, Ravenshoe, Mareeba and Atherton.

• Secondment to the role of assisting the Transfer Manager with the de-amalgamation of Mareeba Shire from the TRC.

Corporate Planning Performance & Risk

Budget Actual Variance

Revenue (445,031) (536,829) 91,798

Expenditure 4,108,081 4,134,954 (26,873)

GROUP TOTAL 3,663,050 3,598,125 64,925

Variance Report - June 2013Year to Date

The expenditure variance is due to the

fact that the 2013/14 premium for Public

Liability Insurance has been paid in

June. This will need to be adjusted.

Overall, expenditure for the 2012/13

financial year was significantly below

budget.

PLANNING AND DEVELOPMENT


Land Use Planning OP72 – Complete the development of Priority Infrastructure Plans OP76 – Complete the development of new Planning Scheme for the whole of the Tablelands Region

Liston & Pensini v Beantree Pty Ltd & Tablelands Regional Council

Appeals No. 46 and 854 of 2012

IPA08-50

• Two (2) separate submitter appeals lodged; • Ongoing mediation has not resulted in settlement of the

appeal. Council has appointed a town planning expert to support approval of the appeal.

Mahogany Plantations PL v Tablelands Regional Council

Appeal No. 2738 of 2012

• Notice of Appeal received 16 July 2012. • Appeal relates to water supply condition and will be heard in

Brisbane.

• 'Without Prejudice' meeting held to provide appellant further information regarding water supply works required.

• Mediation has not resulted in settlement of the appeal.

• Water supply and bushfire are issues in dispute.

• report to be presented to 18 April meeting.

• Appeal proceeded to hearing on 20 June but was settled during the hearing

Description Appeal No/ Application No

Status


Negotiated Decision Notices issued under Delegated Authority 1 April 2013 – 30 June 2013

Application #

Date of Decision Notice

Applicant Address Property Desc Application Type

Atherton Shire Planning Scheme

Nil

Eacham Shire Planning Scheme

Nil

Herberton Shire Planning Scheme

Nil

Mareeba Shire Planning Scheme

Nil

Decision Notices issued under Delegated Authority 1 April 2013 – 30 June 2013

Application # Date of Decision Notice

Applicant Address Property Desc Application Type


DA/13/0004 17/04/2013 Peter Valese R/N 39 Yadjin Road, Tolga and Yadjin Road, Tolga

Lot 279 NR1932 and Lot 1 RP731386

RoL - Boundary Realignment

DA/13/0029 4/06/2013 Damon & Marjorie Pagani

355 Marnane Road, Tolga

Lot 211 and 212 SP219083


DA/13/0023 6/06/2013 Francesco Villella 6853 Kennedy Highway and Rex Road, Tolga

Lot 600 NR6545 and Lot 404 RP898972


DA/13/0032 20/05/2013 Fiona and Gregory Mountney

39 Beatrice Street, Atherton

Lot 111 A3193 MCU - Duplex Units

DA/13/0020 6/06/2013 NBN Co Ltd 159 Blacks Road, Mareeba

Lot 15 on SP124057

MCU - Communications Facility (Fixed Wireless Facility)


Nil



DA/13/0030 14/06/2013 Department of Housing and Public Works

154 Oak Forest Road, Kuranda

Lot 279 NR7210

RoL - Division by Lease (Proposed Leases A to G)

DA/13/0018 6/06/2013 Mareeba District Flexi-Support Association Inc

130 Mason Street, Mareeba

Lot 11 M356137 MCU - Indoor Recreation Facility

(Disability Services & Day Respite)


Decision Notices issued (from Council Minutes) 1 April 2013 – 30 June 2013

Application # Date of Council Decision

Applicant Address Property Desc Application Type / Application Desc


IPA99-30 (Change to

development approval)

21/03/2013 Bolwarra Enterprises Pty Ltd

458 Wongabel Road, Wongabel

L1/RP732730 MCU - Extractive Industry

DA/12/0045 28/03/13 NBN Co Limited Ti-Tree Road, Wongabel

L2/RP740382 MCU - Telecommunications Facility (Fixed Wireless)

DA/12/0025 14/03/13 Tablelands Investments Pty Ltd

2-4 Silo Road, Atherton

L1/SP207039 MCU - (Shop, showroom, food establishment, commercial premises and Medical Centre)

11015 (change of

Development Approval)

21/02/13 Ravenshoe Railway Co Ltd

2 & 63 Grigg Street, Ravenshoe

L12/SP117604 & L18/SP221456

MCU - (Caravan Park & Railway Museum) and RoL (Access Easement)

DA/13/0007 21/02/13 Vindicator Cast Projectiles (QLD) T/A Tex Armoury

13 Palomino Drive, Tolga

L641/SP186119 MCU - Home Based Business

DA/12/0022 21/02/13 C. DeLai 6 Lawson Street, Tolga

L2/RP715570 MCU - Shop and Medium Industry/Warehouse and Educational Establishment

IPA12-22 7/02/13 R & K Nielsen 17-19 Bluewater Drive, Tinaroo

L64/RP737982 MCU - (Tourist Accommodation)

DA/12/0009 24/01/13 Dempsey Cranes P/L

19 Costa Street, Tolga

L23/SP214315 MCU - Light Industry (Crane and Ancillary Equipment Storage)


IDAS15/05 7/02/13 R & S Spinks Mulgrave Road, Yungaburra

L4/SP196293 MCU (Dwelling and Associated Residential Uses) And RoL (Creating 6 Lots)

DA/12/0032 7/02/13 Pioneer North Queensland Pty Ltd

5 Pioneer Avenue, Malanda

L161/SP198054 MCU - (Undefined Use - Car Park)


Nil



MCU/12/0015 7/02/13 Pius Real 186 McGrath Road, Mareeba

L81/SP179215 MCU - Caretakers Residence

MCU/12/0001 7/02/13 Victor Feros 84 Martin

Road, Mareeba

L11/SP160459 MCU- Animal Husbandry - General

(Horse Agistment for a maximum of 20 Horses)

and Associated Accommodation units

(10 Cabins Accommodating a

maximum of 30 persons)

DA/12/0011 17/01/13 NBN Co Ltd 196 Speewah Road, Speewah

L1/RP745182 MCU - Communications Facility (Fixed Wireless

Facility)

Negotiated Decision Notices issued (from Council Minutes) 1 April 2013 – 30 June 2013

Application # Date of Council Decision



IPA09-38 4/04/2013 Lamperd Investments Pty Ltd

Fillippo Close, Tolga

Lots 941, 945 and 946 on SP164483

RoL - (3 Lots into 54 Lots - Stage 2 and Stages 4 to 9)

DA/12/0020 11/04/2013 Adrian & Jillian Kipps

22 Evans Street and 45 Roberts Street, Atherton

Lot 18 RP711577 and Lot 2 RP706753


Mareeba Planning Scheme

MCU/12/0001 11/04/2013 Victor Feros 84 Martin Road, Mareeba

Lot 11 SP160459 Material Change of Use - Animal Husbandry - General (Horse Agistment for a Maximum of 20 Horses) and Ancillary Purposes Only

Herberton Planning Scheme

Nil

Eacham Planning Scheme

IDAS17/09 (Amended NDN)

28/04/2013 A Cesaro 1710 Millaa Millaa - Malanda Road, Malanda

Lot 293 NR5348 RoL - Access Easement

IDAS25/08 23/05/2013 M & I Cavanagh

Lake Barrine Road, Malanda

Lot 3 NR7499

Preliminary approval overriding the planning scheme for a material change of use seeking use rights and reconfiguration in accordance with the rural residential zone and a development permit for reconfiguring a lot (1 into 58 lots)


Operational Works Decision Notices issued under Delegated Authority 1 April 2013 – 30 June 2013

Application # Date of Decision Notice


OW/12/0013 30/04/2013 PDR Engineers 422 Wongabel

Road, Wongabel

Lot 1 RP730716 and

Lot 1 RP732730

Op Works - Roadworks & Stormwater Drainage

OW/13/0007 1/05/2013 Majella Smith 46 Boyles Road,

Kuranda Lot 1

RP739090

Op Works - Sewerage Infrastructure

OW/13/0001 8/05/2013 Mark Slats 46 Mundey

Road, Malanda Lot 1

RP812258 Op Works - Drainage

OW/13/008 9/05/2013 Grant Scott Eacham Road,

Yungaburra Lot 100

SP179198

Op Works - Roadworks, Stormwater, Earthworks & Sewerage Infrastructure

OW/13/0010 6/06/2013 TRC Bolton Street, Ravenshoe

Lot 297 CWL2892

Op Works - Roadworks & Drainage

OW/13/0013 19/06/2013 Hutchinson

Builders Silo Road, Atherton

Lot 1 SP207039 Op Works - Roadworks & Landscaping

OW/13/0013 21/06/2013 Candlenut

Steiner School 46 Boyles Road,

Kuranda Lot 1

RP739090

Op Works - Roadworks, Stormwater, Drainage, earthworks, signage and clearing

OW/13/0015 26/06/2013 PDR Engineers Main Street,

Tolga Lot 100

SP170268

Op Works - Roadworks, Stormwater, Water Infrastructure, Earthworks & Sewerage Infrastructure.

OW/13/0014 26/06/2013 Stephen Hogan 27 Dean Circuit,

Wylandra Lot 68

SP204148 Op Works - Earthworks


Development Applications 1 April 2013 – 30 June 2013

Application # Application Date


DA/13/0016 2/04/2013 Destiny Community Church Ltd

49-57 Loder Street, ATHERTON Lot 1 RP 748081

Material Change of Use - Food establishment

DA/13/0018 3/04/2013 Girgenti Lawyers - Mareeba

130 Mason Street, MAREEBA Lot 11 M 356137

Material Change of Use - Indoor Recreation Facility (Respite & recreation for carers & the diabled comm)

DA/13/0019 3/04/2013

Reserve - Local Government, Aurecon

Lookout Road, TINAROO Lot 484 NR 6334

Material Change of Use - Telecommunication facilities ((Fixed Wireless Facility))

DA/13/0020 3/04/2013 NBN Co Ltd C/- Aurecon

159 Blacks Road, MAREEBA Lot 15 SP 124057

Material Change of Use - Communications Facility ((Fixed Wireless Facility))

DA/13/0021 5/04/2013

Sunnyville Free Range Pastured Pigs

Malanda - Atherton Road, MALANDA and Mooma Road, MALANDA

Lot 2 RP 849971 & Lot 3 RP 715000

Material Change of Use - Animal Husbandry - General (free range piggery (max of 255 standard pig units))

DA/13/0022 8/04/2013 Silver Valley Estates Pty Ltd

153 Walsh Street, MAREEBA Lot 807 M 3565

Material Change of Use - Accommodation Building (Boarding House)

DA/13/0023 9/04/2013 Francesco Villella

6853 Kennedy Highway, TOLGA and Rex Road, WALKAMIN

Lot 600 NR 6545 & Lot 404 RP 898972

Reconfiguring a lot - Boundary realignment

DA/13/0024 10/04/2013 Barry P Crittenden, Ailsa Crittenden

29 Wilkinson Drive, TOLGA Lot 80 RP 808425

Reconfiguring a lot - Subdivision

DA/13/0025 10/04/2013 Davies Design & Drafting Services

14A-14B & 14A-14B Morton Street, KURANDA

Lot 1 SP 213770 & Lot 2 SP 213770

Reconfiguring a lot - Subdivision (Subdivision 2 Lots into 4 Lots)

DA/13/0026 11/04/2013 Majik Holdings Pty Ltd TTE

188 Rockley Road, ATHERTON Lot 3 RP 718878


DA/13/0027 16/04/2013 Rene P Kung, Nadine R Kung

27 FOSTER ROAD KALUNGA VIA HERBERTON Lot 2 MPH 14299



DA/13/0028 22/04/2013 Anthony J Salmon

70 Strattmann Street, MAREEBA Lot 1 RP 713437

Material Change of Use - Accommodation Building (Hostel accommodatng a maximum of 11 people)

DA/13/0029 23/04/2013 Damon J Pagani, Marjorie E Pagani

355 Marnane Road, TOLGA

Lot 212 SP 219083 & Lot 211 SP 219083


DA/13/0030 24/04/2013

Department of Housing and Public Works

10 & 14 & 6 & 8 Hickory Road, RUSSETT PARK and 154 Oak Forest Road, KURANDA Lot 279 NR 7210

Reconfiguring a lot - Dividing land into parts by agreement (Division by Lease (Proposed Leases A to G))

DA/13/0031 30/04/2013 Robert M Watkins

1876 Chewko Road, WALKAMIN and 184 Hansen Road, WALKAMIN Lot 10 NR 4402

Reconfiguring a lot - Subdivision (1 lot into 3 lots)

DA/13/0032 30/04/2013 Fiona I Mountney

39 Beatrice Street, ATHERTON Lot 111 A 3193

Material Change of Use - Duplex Units

DA/13/0034 30/04/2013 Redcorp Quarry

3450 Kennedy Highway, MAREEBA Lot 284 NR 7783

Material Change of Use - Industry (Materials Recycling Facility (Sandblasting Garnet))

DA/13/0033 6/05/2013 Queensland Rail Limited

21 Keeble Street, MAREEBA

Part C Lot 56 RP 749632 & Part Y Lot 56 RP 749632 & Part Z Lot 56 RP 749632

Reconfiguring a lot - Subdivision (Subdivision of 1 lot into 2 lots)

DA/13/0035 13/05/2013 Carinya Home For The Aged

1 Mazlin Street, ATHERTON

Lot 802 SP 168112 RES 1562

Material Change of Use - Hospital ((expansion of existing aged care facility))

DA/13/0036 14/05/2013

Stephen G Peressini, L G Peressini

19 Mabel Street, ATHERTON Lot 711 RP 746158

Material Change of Use - Indoor entertainment and Food establishment

DA/13/0037 15/05/2013 Kathlyn E Johnson

3 Peaks Gully Road, ATHERTON Lot 1 RP 726515

Material Change of Use - Relatives Accommodation


DA/13/0039 16/05/2013 Brazier Motti Pty Ltd

19 Kullaroo Close, KURANDA Lot 2 RP 734383

Material Change of Use - Residential Units (Fifteen x 2 bedroom Residential Units) and and Reconfiguring a Lot - Subdivision (1 into 15 Standard format lots and common property)

DA/13/0040 16/05/2013 Michael Brasch

Carrington Road, CARRINGTON Lot 77 SP 186132

Reconfiguring a lot - Subdivision (1 into 2 lots)

DA/13/0041 20/05/2013 Yvonne F Tunney, Mark J Tunney

Charles Street, CARRINGTON

Lot 3 MPH 40546 & Lot 2 MPH 40546

Reconfiguring a lot - Subdivision (1 into 2 lots + access easement)

DA/13/0044 22/05/2013 Gordon T Paterson

Kennedy Highway, MAREEBA and 147 Martin Avenue, MAREEBA

Part Z Lot 2 RP 736514 & Lot 2 RP 738583


DA/13/0048 23/05/2013 Steven M Royster, Janya R Royster |

3 & 5 Black Mountain Road, KURANDA

Lot 1 RP 724696 & Lot 1 RP 725539

Reconfiguring a lot - Subdivision (Subdivision (1 into 2 Lots) & Access Easement) and Create easement giving access to a lot from a road (Access Easement)

DA/13/0050 23/05/2013 Aimee N Fettes 60 Wright Road, KOAH Lot 2 RP 712377

Material Change of Use - Aquaculture (Minor Impact)

DA/13/0053 27/05/2013 Peter Mahar, Barbara A Mahar

7 Anderson Road, MALANDA Lot 13 RP 728593


DA/13/0056 29/05/2013 Neale A Chiu Chong

67 Welch Road, BARRINE Lot 455 NR 4796


DA/13/0059 30/05/2013 Rasid Karamujic

13 Waller Street, ATHERTON Lot 11 SP 161910

Material Change of Use - Multiple Dwelling (3 x Residential Units)

DA/13/0064 5/06/2013 Melissa J Nott Pelican Road, BARRINE Lot 136 NR 5337


DA/13/0081 14/06/2013 Reginald G McAuliffe

Rosewood Close, MALANDA Lot 7 SP 235327


DA/13/0082 18/06/2013 Fiona Stewart

18 Wicker Lane, MALANDA Lot 42 SP 181661



DA/13/0083 19/06/2013

Care Group Australia Pty Ltd T/A Tableland Community Funerals

180 Walsh Street, MAREEBA Lot 616 M 3563

Material Change of Use - Business (Funeral Home)

DA/13/0085 21/06/2013 Kanjini Co-Op Ltd

Emerald Falls Road, MAREEBA Lot 67 RP 896904

Reconfiguring a lot - Subdivision ((1 into 4 Lots & Balance))

DA/13/0087 25/06/2013 Tracy L Klaproth

80 OLEANDER DV YUNGABURRA Lot 88 RP 738433

Material Change of Use - Care Unit

DA/13/0089 27/06/2013 Sunwater Ltd

6 Costin Street, MAREEBA Lot 198 SP 148843

Reconfiguring a lot - Subdivision (1 into 2 Lots)

DA/13/0090 27/06/2013 Robert C Chirio 441 Koah Road, KOAH Lot 244 CP 898384


DA/13/0091 28/06/2013 Shawn K Tunstead, Melanie Tunstead

Russell Road West, LAKE EACHAM Lot 112 SP 129214


DA/13/0092 28/06/2013 Leslie G Tenni, Jennifer A Tenni

190 Carbeen Road, WALKAMIN Lot 139 NR 527


Operational Works Applications 1 April 2013 – 30 June 2013

Application # Application Lodged Date


OW/13/0007 4/04/2013 Cairns Rudolf Steiner School Ltd

46 Boyles Road, KURANDA Lot 1 RP 739090

Operational Works - Sewerage infrastructure

OW/13/0008 22/04/2013 H J W Scott Pty Ltd

Park Avenue, YUNGABURRA Lot 100 SP 179198

Operational Works - Road works and Storm water and Earthworks and Sewerage infrastructure

OW/13/0009 30/04/2013 Jim Papas Drafting Pty Ltd

4 Caroona Street, KURANDA Lot 82 NR 7983

Operational Works - Water infrastructure and Sewerage infrastructure and Other:


Comparison of applications May 2012 May 2013

parison of applications

Comparison of applications April 2012 April 2013

Atherton 1 8

Mareeba 3 9

Herberton 0 1

Malanda 0 2

OW/13/0010 22/05/2013

Tablelands Regional Council - Mareeba Branch

Bolton Street, RAVENSHOE

Lot 297 CWL 2892 Operational Works - Road works and Drainage works

OW/13/0011 27/05/2013

Kleinfelder 27 Reynolds Street, MAREEBA

Lot 1 M 356134 Operational Works - Other: (Groundwater monitoring wells)

OW/13/0012 30/05/2013

Hutchinson Builders

2-4 Silo Road, ATHERTON

Lot 1 SP 207039 Operational Works - Road works and Landscaping and Sewerage infrastructure

OW/13/0013 13/06/2013

Cairns Rudolf Steiner School Ltd

46 Boyles Road, KURANDA

Lot 1 RP 739090 Operational Works - Road works (Civil Works associated with Science Block)

OW/13/0014 13/06/2013

Stephen Michael Hogan

27 Dean Circuit, MAREEBA

Lot 68 SP 204148 Operational Works - Earthworks (Dam)

OW/13/0015 20/06/2013

PDR Engineers Main Street, TOLGA

Lot 100 SP 170268 Operational Works - Road works (Subdivisional Works) and Storm water and Earthworks and Water infrastructure and Sewerage infrastructure

OW/13/0016 28/06/2013

Robinson Civil Constructions FNQ Pty Ltd

5 Drysdale Road, HERBERTON

Lot 1 MPH 2545 Operational Works - Road works and Storm water and Earthworks and Water infrastructure

OW/13/0017 28/06/2013

Jim Papas Drafting Pty Ltd

25-33 Eacham Road, YUNGABURRA

Lot 542 NR 6138

Operational Works - Landscaping

Atherton 5 7

Mareeba 2 6

Herberton 1 1

Malanda 1 1


BUDGET VARIANCE

Year to Date Budget Actual Variance Revenue 298,262 412,943 114,680 Expenditure 2,300,495 2,147,949 152,546

Comparison of applications June 2012 June 2013

Atherton 3 3

Mareeba 4 5

Herberton 1 1

Malanda 1 4

Strategic Planning Report – April - June 2013 Description Timing Status

Tablelands Regional Council Planning Scheme

Finalised 24 May 2013 12 June 2013 Ongoing Ongoing 11 July 2013

• Officers currently loading submissions into a complex spreadsheet.

• Submission on the draft Single State Planning Policy

• Negotiating with State Government regarding overlays and Planning Scheme matters.

• Assessment of Planning Scheme submissions, outcomes and Council reports

• Start series of resolving Planning Scheme submissions with Council at Special Meetings (Local Plans & Heritage)


DISASTER MANAGEMENT


Disaster Management OP58 - Continue the development of a disaster management plan (including operational plans) as required by the Disaster Management Act 2003 for the whole of the TRC region OP59 – Undertake comprehensive disaster hazard analysis OP60 – Develop and deliver corporate training and exercise program for disaster management operations OP61 – Coordinate the implementation of lessons from TC Yasi in preparation for wet season OP62 – Assist with the identification of corporate critical activities and the development of service level business continuity plans OP63 – Natural Disaster Management Community Resilience and Recovery Planning

DISASTER MANAGEMENT QUARTERLY REPORT APRIL TO JUNE 2013 Operations / Incidents

• Nil. Disaster Management Groups:

• District Disaster Management Group (DDMG) meetings held 12 April, 17 May and • Local Disaster Management Group (LDMG) meeting held 17 April (minutes attached). • Atherton Fire Management Group meeting held 24 April.

• LDMG Social Support Sub Group held 24 April. • Natural Hazard Risk Assessment workshop held 3 May and 19 June. NHRA to be approved by

LDMG in August. Disaster Planning

• Resilient Communications Sub Plan presented at April LDMG for approval. • Assisting Tablelands Regional Council managers with development of Business Continuity Plans. • Meeting with Sunwater regarding legislative changes to Dam Safety on 5 June. • Meeting with Water, Wastewater & Waste regarding legislative changes to Dam Safety on 13 June.

Presentations

• Presented on Resilient Communications Study at 2nd

Australian & New Zealand Disaster Management Conference (ANZDMC) held in Brisbane 28-30 May.

• Joint paper with Canadian colleague to World Conference on Disaster Management in Toronto held June 25.

Funded Projects

• NDRP Resilient Communications Study final meeting 27 May. Final report submitted 30 May and audited acquittal 30 June.

• The Community Development & Engagement Initiative & Flexible Funding Program ended June 30. Audited acquittals due by August 31.

Training & Exercises

• Mareeba Aerodrome Exercise held 23 April. • AEMI Community in Emergency Management Course held in Brisbane 29 April - 3 May. • AEMI Exercise Evaluation Workshop held in Cairns 20 & 21 May. • AEMI Exercise Management Course held in Cairns 22-24 May. • ADF Military Evacuation Exercise held in Mareeba on 20 June and Atherton 21 June. • Chainsaw Training held 16 & 17 May with 15 attendees and 18 & 19 May with 9 attendees in

Mareeba. • First Aid Course held 16 May in Atherton with 21 attendees.


• First Aid Course held 17 May in Herberton with 21 attendees. • First Aid Course held 18 May in Mareeba with 16 attendees.

• Community UHF-CB Radio Training held 21 May in Ravenshoe with 14 attendees. • Community UHF-CB Radio Training held 22 May in Atherton with 14 attendees. • Community UHF-CB Radio Training held 23 May in Mareeba with 16 attendees. • Community UHF-CB Radio Training held 25 May in Mareeba with 13 attendees. • Chainsaw Training held 23 & 24 May in Herberton with 14 attendees. • Chainsaw Training held 25 & 26 May in Ravenshoe with 9 attendees. • Chainsaw Training held 25 & 26 May in Herberton with 13 attendees. • Chainsaw Training held 28 & 29 May in Walkamin with 13 attendees. • Chainsaw Training held 1 & 2 June in Walkamin with 12 attendees. • Chainsaw Training held 1 & 2 June in Tinaroo with 14 attendees. • Chainsaw Training held 5 & 6 June in Walkamin with 12 attendees.

• Chainsaw Training held 5 & 6 June in Wondecla with 15 attendees. • Grant Writing Workshop held 12 June in Atherton with 25 attendees. • Chainsaw Training held 15 & 16 June in Ravenshoe with 15 attendees. • First Aid Course held 17 June in Herberton with 24 attendees. • First Aid Course held 18 June in Atherton with 25 attendees. • First Aid Course held 19 June in Atherton with 24 attendees.

Community Engagement

• Disaster preparedness presentation to Tolga Lions on 2 April. Tolga Lions Club indicated willingness to assist.

• Meetings held with the Hear a Story, Tell a Story software developer in relation to disaster preparedness information updates on 16 April.

• Official handover of new Troop Carriers to Atherton, Mareeba & Mt. Garnet SES Groups on 19 April. • Several planning meetings were held in the lead up to the Health & Wellbeing Expo on 20 April.

Celebrity guests Rob Palmer, Shane Webcke and Bettina Arndt were in attendance. 111 Exhibitors were in attendance and over 4,500 people attended. The event was a huge success and the debrief was held 23 April.

• Attendance at the Tablelands Regional Council Information Stall in Yungaburra on 24 April. 19 Disaster Preparedness Show bags were given out to Community Members.

• Meeting with Australian Red Cross regarding Evacuation Centre Management planning. • Disaster management public education and preparedness stall at Mt. Garnet Rodeo on 5 May. • Participation in Tablelands Regional Council Information Stall at Malanda on 8 May. 31 disaster

preparedness show bags distributed.

• Kuranda Community All-Hazard Disaster Plan Launch on 11 May. • Disaster management public education and preparedness stall at Rotary Field Days, Mareeba 29 &

30 June.

• Floodlines Exhibition Opening at the Atherton Library on 31 May. • Meeting with Tablelands Radio & Electronics Club (TREC) on 15 June. • Visited Mareeba State Primary School on 21 June to discuss use of school as a Place of Refuge. • Demo from Crisisworks Incident Management Software Developers on 25 June. • Visited Yungaburra State Primary School on 26 June to discuss use of school as a Place of Refuge.

The grant-funded Community Development & Engagement Initiative and Flexible Funding Program ended on June 3013.

Budget Actual Variance Revenue 368,724 394,096 25,372 Expenditure 772,246 732,780 39,466


REGULATORY SERVICES

Management Administration and Support Services

Building and Plumbing Services


Building Certification; Building Compliance OP5 – Provide temporary support to the Regulatory Support Officers – Building OP6 – Implement program to register and monitor Backflow Prevention Devices OP7 – Digitising the “as constructed” plumbing and drainage records and finalising the purchase and installation of a scanner within the section Sewerage Compliance OP56 – Ensure on-site sewerage systems comply with the interim code of practice for on-site sewerage facilities

Building Services Statistics for the period: April, May, June 2013

Budget Actual Variance Revenue Expenditure 981,906 863,431 118,475



Total Approvals Issued Apr - Jun 2013

0

20

40

60

80

100

120

140

160

180

200

January - March 2012 April - June 2012 July - September 2012 October - December

2012

January - March 2013 Apr - June 2013

Number of Dwellings Apr - Jun 2013

0

10

20

30

40

50

60

70

80


2012



Total Value of Approvals Apr - Jun 2013

$0.00

$5,000,000.00

$10,000,000.00

$15,000,000.00

$20,000,000.00

$25,000,000.00


2012



Environmental Health


Community Safety OP4 – Provide temporary support to the Regulatory Support Officers - Health

• See attached statistics

Local Laws Administration and Enforcement


Animal Management OP3 – Conduct an Approved Inspection Program (AIP) for animal registration and adequate enclosures as provided for in the Animal Management (Cats & Dogs) Act (AM Act). Confirm enforcement program and promote responsible pet ownership Legislative Compliance OP79 – Finalise the implementation of a new suite of local laws for the region

2013 Monthly Stats Health and Local Laws

MONTHLY REPORT FORM

Month – April, May and June 2013 Environmental Health Officers: Robert D'Addona, Paul Le Gear, Doris Cooper Definitions: * only include those inspections that have been entered onto AFSA (Australian Food Safety

Assessment) form ! Include Land Record Searches and Pre-opening inspections # Include inspections that are neither routine nor follow-up, such as premises found to be

operating illegally


Budget Actual Variance Revenue 290,106 395,756 105,649 Expenditure 1,058,636 978,822 79,814


CHIEF EXECUTIVE OFFICER

ADMINISTRATION

ITEM-10 DE-AMALGAMATION PROJECT MANAGER PROGRESS REPORT NO 6


MEETING: Ordinary

MEETING DATE: 1 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Brett de Chastel, De-Amalgamation Project Manager DEPARTMENT: Office of the Chief Executive Officer

EXECUTIVE SUMMARY

As part of the normal reporting cycle, this report provides the Council with an update on progress with the de-amalgamation. Included in this report is an update on the latest decision by the Transfer Committee in relation to the appointment of an independent accounting consultant to undertake the split of cash/debt/reserves component of the balance sheet. Also included in the report is an update on current activities to keep the community informed as we go through this process but we would welcome feedback from Council on any additional ideas in that regard. Finally, this report also takes a quick look at what is happening with the other three Councils going through the de-amalgamation process.


"That Council note the fortnightly update report from the De-Amalgamation Project Manager."

BACKGROUND

As usual, this report is designed to keep the Council informed in relation to the de-amalgamation process. This report will address five issues: 1. Splitting the Cash, Debt and Reserves Components of the Balance Sheet Council will recall that at the Council meeting on 4 July 2013, I reported on a decision by the Transfer Committee to seek quotations for an accounting consultant to independently undertake the split of the cash, debt and reserve components of the balance sheet. As previously reported, the balance sheet split is one of the most critical decisions to be made by the Transfer Committee. They made the decision to use an independent accounting consultant so that it was both technically accurate for audit purposes and also transparent as to how that component of the balance sheet was split. Since that report to the Council, the Transfer Committee has called quotations. Four reputable accounting firms were requested to provide quotations and three ultimately provided written quotations. None of those firms has had any involvement in the de-amalgamation process. An assessment of those submissions was undertaken by an evaluation team consisting of Brett de


Chastel, Jennifer McCarthy, Lachlan Peden and Elisa Tatti. Following a unanimous recommendation by the assessment team to the Transfer Committee, the Transfer Committee has appointed WHK (Cairns office) at a cost of $27,500 (plus GST). WHK have commenced work on the project. WHK are being jointly project managed by Jennifer McCarthy and Lachlan Peden. 2. Staffing Matters An employee support program commenced on Wednesday 24 July. The program is being undertaken by a local firm and is focused on providing support to staff during this difficult process. The general staff sessions focus on:-

� Dealing with anxiety and concern with the current changes (loss etc) � Understanding symptoms of stress and managing that stress � Identifying positive opportunities in the change process � Building resilience

If required, sessions can also be held with individual work groups and, as needed, with individuals. In the meantime, work continues on finalising the Tablelands Regional Council structure. We are still on track to complete that process by the end of August enabling the preparation of the transfer list which will subsequently be provided to the Transfer Manager. A verbal update will be provided on progress at the Council meeting. 3. Keeping the Community Informed Obviously, the de-amalgamation debate and poll process had a very high profile in the community. There was a lot of interest, media attention and community debate. To ensure that the community remains well informed, we have taken the following actions:

� All of the signed minutes of the Transfer Committee are available on Council's website. � All of the de-amalgamation costs approved by the Transfer Committee are available on

the Council's website. � The minutes of the Transfer Manager's Local Advisory Committee are now also made

available on Council's website. � All of the De-Amalgamation Project Manager's update reports to Council are collated into

one place on the Council's website under the de-amalgamation heading. This provides a one-stop shop for those residents who are following the de-amalgamation process.

� The Council issues a press release after each Council meeting highlighting some of the key issues from the Project Manager’s regular reports to Council. These are generally published in the local newspapers.

� The Project Manager has prepared a column for the Mayor to provide to local newspapers providing general information about current progress with the de-amalgamation. This will be done on a regular basis in the future.

� The Council’s de-amalgamation website has recently been updated to include more information for community members about the practical implications of de-amalgamation. Specifically, FAQs have been included to help residents find out about potential impacts depending on which new Council area they will reside in.

� The Transfer Manager has been requested to consider establishing his own website to provide more information to residents and ratepayers of the future Mareeba Shire Council. The Transfer Manager has been provided with an example of another de-amalgamation Council website that has collated relevant information for the de-amalgamating community.

� The CEO, Transfer Manager and Project Manager are available to speak on the de-amalgamation process at local community group meetings as required. We provided a presentation to the Atherton Chamber of Commerce on Wednesday 24 July. The purpose


of this type of presentation is to inform people about the key principles we are using in the process, key decisions made to date and how the de-amalgamation is being implemented. There appears to be a level of comfort that the process is fair and transparent.

We have been one of the more active de-amalgamations in regard to informing the community although it is interesting to note that just recently, the Local Advisory Committee at Livingstone Shire have proposed a series of community information evenings in the de-amalgamating area. Feedback is sought from the Council has to whether there are any other avenues for ongoing communication of progress with the de-amalgamation. It is important to note that the process promulgated by the State government for the de-amalgamation does not really envisage interactive consultation (i.e. the community having an active part in the decision making part of de-amalgamation process) but rather focuses on keeping the community informed. Most of the de-amalgamation issues are technical in nature i.e. allocation of staff, splitting assets and liabilities etc. Obviously, the Transfer Manager has the Local Advisory Committee to provide input but that Committee has no power to bind the Transfer Manager. Similarly, it is the Council CEO who makes decisions on behalf of TRC. As we approach November, the de-amalgamation issue may once again become the subject of robust public discussion as the Mareeba Shire Council election is undertaken. 4. Looking ahead We anticipate having the staffing and structure issues finalised before the end of August. This will be four months before the 1 January changeover date. As previously advised to Council, effectively we are currently in phase two of the overall process.

The key to the overall successful implementation of the de-amalgamation lies in phase 3. This is where all of the detailed work will be undertaken to ensure that the two new Councils can continue to deliver services to their respective communities. It is during this phase that we will establish small working teams to make sure that all of the fine tuning to enable services to be delivered after 1 January 2014 actually occurs. How will this work in practice? As an example, a working group may be established to focus on HR issues including payroll. Existing knowledge about how the payroll system works will need to be shared as will any standard operating procedures, precedents etc. In this particular case, much


of the information and in-house skills currently reside at Mareeba. The two staff who will be responsible for delivering this in the future (i.e. one staff member on behalf of TRC and one staff member on behalf of the future MSC) will need to cooperate to make sure that they can both deliver payroll services to each of the Councils from 1 January. There are many other examples where, after the allocation of staff, one or the other Council may struggle without the necessary handover of knowledge, precedents etc. Phase 3 is designed to enable that to occur. In practice, we are aiming to have all the issues addressed by 30 November 2013 to reflect the practical constraint of Christmas holidays during the December period. The various working teams will be reporting on a regular basis to the Transfer Committee. These working teams have not yet been established but this will occur as soon as the TRC structure and transfer list are finalised as we will then be aware of which staff will be allocated to which organisation from 1 January. This phase is critical to the success of the overall project. There are some practical challenges associated with making this work but with goodwill, it should make the transition much smoother. 5. What is happening with the other de-amalgamation Councils? As the Council is aware, we are not the only Council facing this challenge. I thought it might be useful for the Council to be aware of some key issues from the other de-amalgamating areas:- Noosa/Sunshine Coast

� Proceeding with significant acrimony. There is also significant community interest in the process with a high level of ongoing local politicking.

� Continuing Council is reluctant to provide the Transfer Manager with access to information or access to staff for discussions.

� Transfer Manager has externally recruited a number of staff (Finance Manager, Corporate Services Manager etc). Transfer Manager has established a significant sized Transfer Team.

� Transfer Manager has developed a good website to keep local people informed about progress. He was not able to link to or use the Council website.

� Noosa are developing a cloud solution for their ICT needs. This provides a lower upfront cost but significantly higher ongoing costs of service provision.

Livingstone/Rockhampton

� The Transfer Manager has needed to lease a building for use by the new Livingstone Shire Council due to office accommodation problems.

� This is the de-amalgamation most similar to our circumstances i.e. the new Council is just under 30% of the remaining Council. There is a significant impact on the remaining Rockhampton Regional Council.

� There are unworkable boundaries as a result of the de-amalgamation and there is likely to be a further round of boundary changes in the future.

� The Transfer Manager has used KPMG for advice on ICT options at a significant cost. � The Local Advisory Committee has been quite active and is proposing to facilitate a

number of community information sessions across the proposed new Shire to inform locals about progress with the de-amalgamation process.

Douglas/Cairns

� Statistically this is a much smaller implementation than the other de-amalgamations i.e. the new Council comprises less than 10% of the remaining Council.


� The Douglas Transfer Manager is using the same ICT consultant as used by the Mareeba Transfer Manager. The Douglas Transfer Manager has been liaising with Rod Ferguson for some periodic advice as these two Councils will be neighbours after 1 January.

� The Douglas Transfer Manager is currently externally recruiting a number of key roles e.g. Finance and IT Manager, Water and Waste Manager etc. It appears that these roles are not likely to transfer from Cairns.

� The impact on Cairns is not as significant as the other remaining Councils. They have not undertaken a restructure as a result of the de-amalgamation.

� Very little information is available on the Cairns City Council website about progress with this de-amalgamation process.

While all of these de-amalgamations are different, they all have a number of common characteristics i.e. currently focusing on staffing and ICT issues. None of the current CEOs have yet finalised their transfer list of staff and based on current indications, Tablelands will be the first to do so. DE-AMALGMATION ISSUES This report specifically addresses the de-amalgamation project. All relevant issues associated with the de-amalgamation are contained in the Background section above.


A Well Managed Region

• Outcome - Accountable Leadership - A local government that delivers strong leadership by advocating the needs of the community and setting clear directions through transparent practices and open engagement.

Strategy - Transparent Practices - Ensure the administration of the region is governed through open and transparent decision making practices and coordinated management and reporting processes.

• Outcome - Quality Management - Quality service to all customers by ensuring that the region's assets and the organisation's workforce and knowledge are appropriately managed.

Strategy - Knowledge Management - Provide quality corporate knowledge management throughout the organisation to assist in the delivery of services and Council business.

CONSULTATION

Internal Nil External Nil


Nil

POLICY IMPLICATIONS

Nil



Capital Nil Operating Nil Is the expenditure noted above included in the 2013/2014 budget?

Nil

If not you must recommend how the budget can be amended to accommodate the expenditure Nil


Nil

ATTACHMENTS

1. Nil Date Prepared: 23 July 2013

agenda mareeba 1 august 2013 (part one)

Documents