agenda mareeba 3 october 2013

TRCTABLELANDS REGIONALCOUNCIL

Ordinary Meeting

Council Chambers, Mareeba Date: Thursday 3 October 2013

Time: 9:00am

AGENDA

THE ORDINARY MEETING OF THE TABLELANDS REGIONAL COUNCIL WILL BE HELD AT MAREEBA COUNCIL CHAMBERS, ON THURSDAY, 03 OCTOBER 2013 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

IAN CHURCH CHIEF EXECUTIVE OFFICER

TRC Tablelands Regional Council - Agenda Thursday 03 October 2013

PRESENTATIONS No presentations

ORDER OF BUSINESS

MEMBERS IN ATTENDANCE ..........................................................................................................5

OFFICERS IN ATTENDANCE ..........................................................................................................5

APOLOGIES/LEAVE OF ABSENCE ................................................................................................5

BEREAVEMENTS/CONDOLENCES ................................................................................................5

DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS...............................................................5

CONFIRMATION OF MINUTES - SPECIAL - 12 SEPTEMBER 2013..............................................5

CONFIRMATION OF MINUTES - ORDINARY - 19 SEPTEMBER 2013..........................................5

BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS............................................5

RECEIPT OF INWARD CORRESPONDENCE.................................................................................5

CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS..........................5

PLANNING AND DEVELOPMENT ...................................................................................................7 Regional Planning & Development................................................................................................ 7

Item-1 M Gallo - Reconfiguring a Lot (1 into 2 lots) - Lot 140 on SP179170 - George Fabris Road, Mareeba - DA/13/0001(M).....................................................................7

Item-2 Tri Props PL - Reconfiguration of a Lot (1 into 13 lots - 12 Industrial Lots and 1 Balance Rural Lot and Roads) - Lot 132 on NR1359 - 7804 Kennedy Highway, Atherton - DA/13/0114 ..............................................................................................29

Item-3 EK & KL Francis - Reconfiguring a Lot - Subdivision (1 into 2 Lots) - Lot 1 on SP149572 - 7 Anzac Avenue, Mareeba - REC/12/0010...........................................82

Item-4 NBN Co Limited - Material Change of Use - Telecommunication Facilities (Fixed Wireless Facility) - Lot 484 on NR6334 - Lookout Road, Tinaroo - DA/13/0019(A) ........................................................................................................105

Corporate Planning, Performance & Risk ................................................................................. 127 Item-5 Tolga State School - Parking Improvements ..........................................................127

CHIEF EXECUTIVE OFFICER ......................................................................................................137 Administration............................................................................................................................ 137

Item-6 One Life One Chance Aussie Road Trip.................................................................137

CORPORATE AND COMMUNITY SERVICES.............................................................................143 Customer & Community Services ............................................................................................. 143

Item-7 Financial and In Kind Support - October 2013........................................................143 Plant & Facilities........................................................................................................................ 151

Item-8 TTRC2013-49 Sale of Commercial Vehicles CONFIDENTIAL...............................151


Item-9 Offer on 8 lots Mareeba Industrial Estate - Sibi Girgenti Real Estate CONFIDENTIAL......................................................................................................152

Corporate .................................................................................................................................. 153 Item-10 Travel and Accommodation Policy..........................................................................153

INFRASTRUCTURE AND MAINTENANCE SERVICES ..............................................................171 Construction & Maintenance ..................................................................................................... 171

Item-11 NDRRA 2013 Programme of Restoration Works - September 2013 Progress Report .....................................................................................................................171

Item-12 NDRRA 2012 Programme of Restoration Works - September 2013 Progress Report .....................................................................................................................174

Item-13 Noted Correspondence - 3 October 2013...............................................................177


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 - 12 SEPTEMBER 2013

CONFIRMATION OF MINUTES - ORDINARY - 19 SEPTEMBER 2013

BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS

RECEIPT OF INWARD CORRESPONDENCE

CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS


PLANNING AND DEVELOPMENT

REGIONAL PLANNING & DEVELOPMENT

ITEM-1 M GALLO - RECONFIGURING A LOT (1 INTO 2 LOTS) - LOT 140 ON SP179170 - GEORGE FABRIS ROAD, MAREEBA - DA/13/0001(M)

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 3 October 2013 REPORT AUTHOR/ OFFICER’S TITLE: Brian Millard, Senior Planner DEPARTMENT: Planning and Development

APPLICATION DETAILS

ATTACHMENTS: 1. Proposal Plan/s - 11/6708 (AA-1) 15.12.2011

2. Ergon Advice Agency Response - 29 March 2012 3. Dept of Natural Resources and Mines Third Party Advice on GQAL

EXECUTIVE SUMMARY

A Council officer's report on this application was submitted to the Ordinary Meeting held on 18 April 2013 recommending that the development be refused. The applicant was informed of the Council officer's adverse recommendation prior to the meeting and they subsequently requested the report be withdrawn from the agenda.

APPLICATION PREMISES FILE NO: DA/13/0001(M) ADDRESS: George Fabris Road,

Mareeba APPLICANT: M Gallo RPD: Lot 140 on SP179170 LODGED BY: Twine Surveys Pty Ltd AREA: 49.85 hectares DATE LODGED: 15 January 2013 OWNER: M Gallo TYPE OF APPROVAL:

Development Permit

PROPOSED DEVELOPMENT:

Reconfiguring a Lot - Subdivision of 1 lot into 2 lots

PLANNING SCHEME:

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

ZONE: Rural zone LEVEL OF ASSESSMENT:

Code Assessment

SUBMISSIONS: Not applicable


Council agreed to the withdrawal of the report at its 18 April 2013 meeting. The reason provided by the applicant for the withdrawal was 'so that representations can be made to Councillors’ and officers at a latter date". The applicant subsequently gave Council an open ended deferral of the decision making period to allow the representations to occur. In August 2013, after no apparent progress with the representations, Council officer's notified the applicant that it was intended to submit the original officer's report back to Council for a decision. On 4 September 2013, the applicant responded as follows:

Due to matters relating to family estates and events Mario has been unable to give reasonable time to consult with the appropriate Councillors and requests additional time to allow for the necessary consultation. It is requested that this item be held over until further notified.

As Council officers believe the applicant has had adequate time to make representations, this report has been put back to Council for the decision on how to move forward. Council may agree to a further deferral of the application, or alternatively, Council may proceed to decide the application based on the following report. Council is in receipt of a development application described in the above application details. The application is code assessable and was not required to undergo public notification. It has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and is in conflict with provisions of the Mareeba Shire Planning Scheme Part 4 Division 14 - Rural Zone Code. The subject land is zoned rural and the proposed allotments are significantly smaller that the desired minimum reconfigured lot size of 60 hectares for good quality agricultural land (GQAL). The application has significant conflicts with the Mareeba Shire Planning Scheme and is likely to result in the ad hoc creation of additional rural living allotments, without any community benefit, and instead establishing the real prospect of ongoing rural land use conflict. Council has resolved to refuse several similar non-conforming rural reconfiguration applications due to the fragmentation of GQAL and the potential for future rural land use conflict. It is recommended that this application also be refused.

OFFICER'S RECOMMENDATION

1. Does Council agree to the applicant's request for a further deferral of this application to provide the applicant with additional time to consult with Councillors regarding the adverse officer's recommendation?

Alternatively, in the event that Council is not prepared to agree to a further deferral of the application, the original officer's recommendation is as follows: 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:

(A) REFUSED DEVELOPMENT: Development Permit for Reconfiguring a Lot - Subdivision of 1 lot into 2 lots

(B) ASSESSMENT MANAGER’S REASONS FOR REFUSAL: 1. The proposed development is in conflict with Part 4, Division 14, 4.77 Overall

Outcomes for Rural Zone Code: (b) where agricultural production and the raising of animals are protected from

incompatible land uses;

(c) where good quality agricultural land is protected from fragmentation and alienation, not developed for purposes other than agricultural and support uses, and is protected from incompatible land uses in accordance with SPP1/92;

2. The proposed development is in conflict with Part 4, Division 14, 4.80 Rural Zone Code: Reconfiguring a Lot S1 The viability of the farming industry throughout the Shire and including Good

Quality Agricultural Land, and future opportunities for farming pursuits are not compromised. PS1.1 Allotments to have a minimum area of 60 hectares and road frontage of

300 metres within the area identified on Agricultural Land Quality Maps S2, S3, S4, and S5; or

3. The proposed development is in conflict with land use policy 2.6.1 of the Far North Queensland Regional Plan 2009-2031.

4. That there are not sufficient grounds to justify approval, despite the identified conflicts.

THE SITE

The subject land is described as Lot 140 on SP179170, Parish of Tinaroo, County of Nares, situated at George Fabris Road, Mareeba. The subject land has an area of 49.85 hectares, with a frontage of 922.03 metres to George Fabris Road. George Fabris Road is formed to a gravel standard for the entire frontage of the site. The land is legally divided into two (2) portions by Lot 597 on NR4434 which contains a SunWater underground pipeline. Access to both portions is separately available off George Fabris Road.

APPLICATION PREMISES APPLICANT: M Gallo ADDRESS: George Fabris Road,

Mareeba DATE LODGED 15 January 2013 RPD: Lot 140 on SP179170 TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Reconfiguring a Lot - Subdivision of 1 lot into 2 lots


The lack of an easement over the SunWater land is the only obstacle preventing the applicant from farming both portions as a single farming unit. An easement within Lot 140 containing a high voltage overhead transmission line traverses the subject land following a similar alignment to the SunWater pipeline allotment. A second high voltage overhead transmission line is located within the George Fabris Road road reserve. The northern portion of Lot 140 has been cleared of most vegetation as a result of historic farming activities. A farm dam and small pump shed are established on this portion. Apart from the high voltage transmission line, the southern portion of Lot 140 contains no improvements and retains a majority coverage of remnant vegetation. Three (3) small rural living allotments are located immediately to the south-west of the subject land. The largest of these lots has an area of 5.7 hectares. The remainder of the surrounding lots are developed for rural purposes.

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 On 21 February 2012, Twine Surveys Pty Ltd on behalf of M Gallo made a previous application for reconfiguring a lot - subdivision of 1 lot into 2 lots over land described as Lot 140 on SP179170, Parish of Tinaroo, situated at George Fabris Road, Mareeba. This application was virtually identical to the current reconfiguration application. In February 2012, the Far North Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions (FNQRP SPRP) were still in force and were applicable to the application because it proposed the creation of additional rural lots below 60 hectares. The application required referral to the Department of State Development, Infrastructure and Planning. On 19 April 2012, the Department of State Development, Infrastructure & Planning issued a concurrence agency response directing that the application be refused. The applicant subsequently withdrew the application before Council was required to make a decision. The FNQRP SPRP was repealed in October 2012 and the current application does not require referral to the Department of State Development, Infrastructure and Planning.


DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Reconfiguring a Lot - Subdivision of 1 lot into 2 lots in accordance with the plans shown in Attachment 1. The proposed subdivision will result in the creation of two (2) proposed lots, these being:

Proposed Lot 1 - 27.97 hectares, 17.8 metres frontage to George Fabris Road.

Proposed Lot 2 - 21.88 hectares, 904.235 metres frontage to George Fabris Road. The proposed subdivision will result in the creation of separate titles over the two (2) portions currently separated by SunWater Lot 597 on NR4434. Both allotments would be accessed off George Fabris 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 zone specifies that the application is code assessable. It was lodged under the Sustainable Planning Act 2009 (SPA), and is assessed in accordance with the requirements of that Act. Sections 313, 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 State Planning Regulatory

Provisions 2009, and relevant provisions of the Regional Plan, state planning policies not reflected in the planning scheme, the planning scheme including the relevant Codes (the relevant instruments) and any applicable codes of 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 and advice agency recommendations and the purposes of any instruments containing an applicable code.

Strategic Framework designation: Mareeba Dimbulah Irrigation Area

Zone: Rural

Overlays: Natural Disaster Bushfire Overlay


Council may give weight it is satisfied is appropriate to 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 be inconsistent with the State Planning Regulatory Provisions 2009.

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 sets 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) State Planning Regulatory Provision (b) Regional Plan (c) State Planning Policy (d) Standard Planning Scheme Provisions 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) State Planning Regulatory Provisions 2009 There are no State Planning Regulatory Provisions applicable to this application. (b) 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:


(c) 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 2.6 Rural Subdivision Land Use Policy Complies Comments

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.

× Despite the repeal of the FNQRP State Regulatory Provisions, the Regional Plan's planning principle to maintain economically viable farm lot sizes remains. It is acknowledged that the area of existing Lot 140 on SP179170, at 49.85 hectares, is less than the 60 hectare minimum area nominated by the Mareeba Shire Planning Scheme as the accepted means of protecting the viability of land mapped as GQAL. Instead of having one allotment slightly less than the desired GQAL standard, the proposed reconfiguration would result in the creation of two (2) allotments each significantly below the GQAL standard. There is nothing in the application which would provide Council with any certainty that the reconfiguration will maintain or improve agricultural viability. A key principle of SPP1/92 Development and Conservation of Agricultural Land (SPP1/92 expired December 2012, however principle is still relevant) was:

Cases will arise where local authorities have to consider development proposals on good quality agricultural land. In such instances, a 'key' principle should be whether an overriding need in terms of benefit to the community can be demonstrated for the development at that particular location.

Whilst there may be a benefit to the applicant, there is not considered to be an overriding need in terms of benefit to the community.


(d) Mareeba Shire Planning Scheme 2004 (amendment no. 1 of 2007) 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 12 Reconfiguring a Lot Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application conflicts with several relevant acceptable

State Planning Policies SPP Complies Comments

SPP 1/02 Development in the Vicinity of

Certain Airports and Aviation Facilities.

The subject site is located within the vicinity of the Mareeba Airport (approximately 1 kilometre north west of the runway. The proposed development would not adversely impact on the operation of the airport.

SPP 1/03 Mitigating the Adverse Impacts of Flood, Bushfire and Landslide (Flood & Landslide only)

N/A The subject site is not located within a ‘natural hazard management area’ for landslide or flood, which is the trigger for assessment against this SPP. The Bushfire provisions of this SPP are appropriately reflected in the Planning Scheme. No separate assessment is required.

SPP 1/92 Development and the Conservation of Agricultural Land

x This SPP is adequately reflected by the Mareeba 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.

SPP1/12 Protection of Qld’s Strategic Cropping Land

This SPP came into effect 30 January 2012 for the protection of SCL which is a finite resource that must be conserved and managed. The subject land is mapped as containing potential SCL; however the application is not referrable to DNRM as neither proposed allotment will have an area less than 15 hectares.

Temp SPP2/12

Planning for Prosperity This SPP came into effect on 24 August 2012 and is therefore applicable. 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.


solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below.

Noncompliance with the relevant acceptable solutions or probable solutions/performance criteria of the following Codes are summarised as follows: The overall outcomes sought for the Rural Zone code are to achieve an area:

(b) where agricultural production and the raising of animals are protected from

incompatible land uses; Comment The rural zone is intended for agricultural and primary production purposes. Fragmenting rural allotments below the Planning Scheme's minimum lot size will generally lead to a higher dwelling density within the rural zone, increasing the probability that one or more of the additional dwelling houses will result in a land use conflict with bona fide rural uses. In particular, the increased dwelling density associated with the creation of smaller rural allotments, makes it more difficult to establish new intensive rural activities or to expand existing intensive rural activities. This is due to the separation distances that must maintained between the rural use and any nearby dwelling houses. The recent expansion of the poultry industry has highlighted the potential for land use conflict between intensive rural activities and nearby dwelling houses. The proposed development conflicts.

(c) where good quality agricultural land is protected from fragmentation and alienation, not developed for purposes other than agricultural and support uses, and is protected from incompatible land uses in accordance with SPP1/92; Comment The majority of the subject land is identified as GQAL by the Mareeba Shire Planning Scheme. The land is also located within the Mareeba Dimbulah Irrigation Area. It is acknowledged that the area of existing Lot 140 on SP179170, at 49.85 hectares, is less than the 60 hectare minimum area nominated by the Mareeba Shire Planning Scheme as the accepted means of protecting the viability of land mapped as GQAL. Instead of having one allotment slightly less than the desired GQAL standard, the proposed reconfiguration would result in the creation of two (2) allotments each significantly below the GQAL standard. There is nothing in the application which would provide Council with any certainty that the reconfiguration will maintain or improve agricultural viability.

Relevant Codes Comments Rural Zone Code The application does not comply with the following

acceptable/probable solutions/performance criteria:

4.80 Specific Outcome S1 and Probable Solution PS1.1.

Refer to discussion below.


A key principle of SPP1/92 Development and Conservation of Agricultural Land (SPP1/92 expired December 2012, however principle is still relevant) was:


Whilst there may be a benefit to the applicant, there is not considered to be an overriding need in terms of benefit to the community. The proposed development conflicts.

Conflicts with the specific outcomes and probable solutions for the Rural Zone: Reconfiguring a Lot S1 The viability of the farming industry throughout the Shire and including Good Quality

Agricultural Land, and future opportunities for farming pursuits are not compromised. PS1.1 Allotments to have a minimum area of 60 hectares and road frontage of 300

metres within the area identified on Agricultural Land Quality Maps S2, S3, S4 and S5; or

Comment The majority of the subject land is identified as GQAL by the Mareeba Shire Planning Scheme. The land is also located within the Mareeba Dimbulah Irrigation Area. It is acknowledged that the area of existing Lot 140 on SP179170, at 49.85 hectares, is less than the 60 hectare minimum area nominated by the Mareeba Shire Planning Scheme as the accepted means of protecting the viability of land mapped as GQAL. Instead of having one allotment slightly less than the desired GQAL standard, the proposed reconfiguration would result in the creation of two (2) allotments each significantly below the GQAL standard. There is nothing in the application which would provide Council with any certainty that the reconfiguration will maintain or improve agricultural viability. A key principle of SPP1/92 Development and Conservation of Agricultural Land (SPP1/92 expired December 2012, however principle is still relevant) was:


Whilst there may be a benefit to the applicant, there is not considered to be an overriding need in terms of benefit to the community. The proposed development conflicts with PS1.1 and Specific Outcome S1.


(e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 4 - Development Manual All development works will need to be carried out in accordance with the FNQROC Development Manual. No. 6 - Augmentation of the Road Network Contribution The proposed development will result in an increase in traffic on the Council road network. Accordingly, the applicant is required to pay a roadworks contribution in accordance with Planning Scheme Policy 6. Based on the 2012/2013 Schedule of Fees and Charges, a contribution of $3,668 is applicable. (f) Adopted Infrastructure Charges Notice Roadworks In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution a contribution is applicable. REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies. Advice The application triggered referral to Ergon Energy as an Advice Agency. Ergon Energy advised in an email dated 4 March 2013, that their previous advice agency response for development application RC/12/0003 was also to be used for this development application (Attachment 2). Third Party Advice The application was referred to the Department of Natural Resources and Mines for Third Party Advice on GQAL. The Department's advice does not support the application (Attachment 3). Internal Consultation Not applicable.


PLANNING DISCUSSION The following is a list of the reasons supplied by the applicant in support of the proposed reconfiguration. Council officers have provided comments in response to each of the reasons: Can meet the Specific Outcomes relating to minimum allotment size as it resolves land

tenure issues; Comment The relevant specific outcome requires that "the viability of the farming industry throughout the Shire and including Good Quality Agricultural Land, and future opportunities for farming pursuits are not compromised". The proposed reconfiguration will result in the creation of an additional non-conforming rural allotment. It is probable that a dwelling house will be built on the additional allotment at some point in the future. This additional dwelling house may compromise future opportunities for certain farming pursuits which are required to achieve separation distances from dwelling houses. It is acknowledged that the area of existing Lot 140 on SP179170, at 49.85 hectares, is less than the 60 hectare minimum area nominated by the Mareeba Shire Planning Scheme as the accepted means of protecting the viability of land mapped as GQAL. Instead of having one allotment slightly less than the desired GQAL standard, the proposed reconfiguration would result in the creation of two (2) allotments each significantly below the GQAL standard. There is nothing in the application which would provide Council with any certainty that the reconfiguration will maintain or improve agricultural viability. The proposed development conflicts with Specific Outcome S1 of the Rural Zone Code.

Will encompass no change to the rural nature of the area is envisaged, and the proposed reconfiguration will ensure that the properties will remain to be used for rural purposes; Comment There is nothing proposed by the applicant to ensure that the proposed properties will remain to be used for rural purposes. If the development is approved, the proposed lots can quite easily be used for rural living purposes to the detriment of existing farming activities in the locality.

Can meet the Specific Outcomes and the intent of the Reconfiguring a Lot Code for land included in the Rural Zone; Comment Agreed. However the Reconfiguring a Lot Code does not include detailed provisions relating to land use or lot size.

Can meet the intent for the Rural Zone and the Specific Outcomes of the Code;


Comment As commented throughout this report and above, the proposed development conflicts with Specific Outcome S1 of the Rural Zone Code.

Separates the non productive land (vegetated areas) from the productive land (grazing areas); Comment The applicant can achieve the same outcome by way of a boundary realignment between the subject land and adjoining Lot 139 on SP179170 (also owned by applicant). The boundary realignment would consolidate the productive farming land on both lots, whilst leaving the southern portion (vegetated areas) of the subject land as a separate lot. Unlike the proposed subdivision, a boundary realignment would not result in the creation of an additional non-conforming rural lot.

Resolves land tenure issues, importantly removes vinculums over existing infrastructures and existing allotments; and Comment The land tenure issue/s may be resolved by the applicant obtaining an easement over the SunWater land or by undertaking a boundary realignment. Such an approach would not result in the creation of an additional non-conforming allotment and therefore would not lessen the viability of the farming industry or increase the likelihood of land use conflict.

Meet the objective of the Land Use Policies relating to of Rural Subdivisions for the FNQ Regional Plan 2009-2031. Comment A planning principle of the Far North Queensland Regional Plan 2009-2031 is to protect Good Quality Agricultural Land by avoiding further fragmentation of agricultural land to maintain economically viable farm lot sizes. The development conflicts with this planning principle. Despite the repeal of the Far North Queensland Regional Plan State Planning Regulatory Provisions in October 2012, the balance of the Far North Queensland Regional Plan 2009-2031 continues to have effect and Council is required to uphold its principles. The proposed development is in conflict with land use policy 2.6.1 of the Far North Queensland Regional Plan 2009-2031.

General Discussion The intention of the Planning Scheme for the rural zone is to discourage the creation of further small rural lots in areas mapped as GQAL, and the proposal is in conflict with this intention. There are insufficient grounds to justify approval of the application despite the conflicts. The mere presence of the electricity easement and SunWater pipeline does not prevent the subject land from being farmed as a single farming unit. If Council was to approve a subdivision due to presence of these features, similar arguments for subdivision could be made by other rural land owners whose


farms are also 'fragmented' by easements, drainage areas, roads and the like. There are a considerable number of similarly 'fragmented' allotments within the TRC local government area. Council has refused similar reconfiguration applications involving rural GQAL allotments where the resulting lots would be less than 60 hectares. The following are several examples which proposed similarly sized rural allotments:

(i) At its meeting of 6 October 2010, Council refused an application by R Costa for Reconfiguring a Lot (1 lot into 2 lots) of Lot 31 on HG583, situated at 1325 Wolfram Road, Dimbulah

(ii) At its meeting of 20 December 2012, Council refused an application by Burman Future Pty Ltd for Reconfiguring a Lot (1 lot into 2 lots) of Lot 44 on HG 346, situated at 94 Tabacum Road, Mutchilba.

Rural living allotments should be properly planned and consolidated in areas where intensive farming cannot occur. The ad hoc creation of additional rural living allotments, without proper planning, does not result in any community benefit and instead it establishes the real prospect of ongoing land use conflict. The application is recommended for refusal. Date Prepared: 24 September 2013


ATTACHMENT 1 PLANS (DWS VS 3156384)


ATTACHMENT 2


ATTACHMENT 3


ITEM-2 TRI PROPS PL - RECONFIGURATION OF A LOT (1 INTO 13 LOTS - 12 INDUSTRIAL LOTS AND 1 BALANCE RURAL LOT AND ROADS) - LOT 132 ON NR1359 - 7804 KENNEDY HIGHWAY, ATHERTON - DA/13/0114

MEETING: Ordinary MEETING DATE: 3 October 2013 DATE: 23 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Dan O'Connor, Planning Officer DEPARTMENT: Planning and Development

APPLICATION DETAILS

ATTACHMENTS: 1. Preliminary Approval Decision Notice DA/13/0096 dated 11 October

2013 (DWVS# 3058879); 2. Approved Plan of Reconfiguration (DWVS# 3386934); 3. DSDIP Referral Agency Response dated 9 September 2013 (DWVS#

3420348).

EXECUTIVE SUMMARY

On 11 October 2012, Council granted a Preliminary Approval for a Material Change of Use over the site to vary the effect of the Atherton Shire Planning Scheme (2002) to allow development rights consistent with the Industrial Planning Area (Tolga District) (Council Reference DA/13/0096). Essentially the Preliminary Approval has the effect of "rezoning" the site to the Industrial Planning Area. Despite having obtained a Preliminary Approval, the Applicant is not able to proceed with the development until such time as Council has issued a Development Permit to subdivide the site.

FILE NO DA/13/0114 AREA 8.893 ha LODGED BY Gilvear Planning Pty Ltd OWNER G.F.D Trimarchi PLANNING SCHEME

Atherton Shire Planning Scheme 2002 (amended December 2004)

PLANNING AREA Rural LEVEL OF ASSESSMENT

Code

APPLICATION PREMISES APPLICANT Tri Props Pty Ltd ADDRESS 7804 Kennedy

Highway, Atherton DATE LODGED 7 August 2013 RPD Lot 132 on NR1359 TYPE OF APPROVAL

Development Permit


Reconfiguration of a Lot (1 into 13 Lots - 12 Industrial Lots and 1 Balance Rural Lot and roads)


Council is now in receipt of a subsequent development application described in the above application details seeking a Development Permit for Stage 1 comprising 12 industrial lots, roads and 1 rural balance lot. The current application is subject to assessment against largely the same statutory planning instruments as was the Preliminary Approval, including the FNQ Regional Plan 2009-2031 and the Atherton Shire Planning Scheme (2002). Although it was determined during the assessment of the Preliminary Approval application that the proposal displays conflicts with both the Regional Plan and the Planning Scheme, it was considered that sufficient grounds exist for granting a Preliminary Approval despite the conflicts. This determination was based on the evident need for additional industrial land, the physical characteristics of the site being suitable for industrial development, the logical progression of development in relation to the Tolga Industrial Estate, and the lack of suitable alternative industrial locations in Atherton. The Preliminary Approval was granted subject to adequate controls being conditioned in relation to visual impact, buffering and exclusion of any nearby, future sensitive land uses. The application has been assessed for compliance with the conditions of the Preliminary Approval and where relevant to Stage 1, conditions are replicated in the recommended conditions. Draft conditions of approval were provided to the Applicant care of his consultant and have been agreed to. It is recommended that the application be approved in full with conditions.


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


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). (A) APPROVED DEVELOPMENT: Development Permit for a Reconfiguration of a Lot (1 into 13

Lots - 12 Industrial Lots and 1 Balance Rural Lot and roads)

And The assessment manager does consider that the assessment manager’s decision conflicts with a relevant instrument.

APPLICATION PREMISES APPLICANT Tri Props Pty Ltd ADDRESS 7804 Kennedy

Highway, Atherton DATE LODGED 7 August 2013 RPD Lot 132 on NR1359 TYPE OF APPROVAL

Development Permit


Reconfiguration of a Lot (1 into 13 Lots - 12 Industrial Lots and 1 Balance Rural Lot and roads)


(B) APPROVED PLANS:

(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 development approval would not have been issued if not for the conditions

requiring the construction of infrastructure or the payment of infrastructure charges within the conditions of approval or the Adopted Infrastructure Charges Notice.

3.2 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.

Plan/Document Number

Plan/Document Title Prepared by Dated

13/6536-Lot Layout 4-2

Proposed Reconfiguration of Lots 3-9 & 31-35 (Stage 1) Cancelling Lot 132 on NR1359

Twine Surveys P/L 6/6/13

Details of the conflict with the relevant instrument

Reason for the decision, including a statement about the sufficient grounds to justify the decision despite the conflict

P1.1, P1.2, P1.12 & P.13 of the Reconfiguring a Lot code & that part of the code purpose requiring that GQAL is not lost from rural production.

On 4 October 2012, Council granted a Preliminary Approval over the site in accordance with section 242 of the Sustainable Planning Act 2009 for a Material Change of Use to vary the effect of the Atherton Shire Planning Scheme 2002 (amended December 2004) to establish use rights consistent with the Industrial Planning Area (Tolga District Plan) (Council Reference DA/13/0096). The Preliminary Approval was granted on the basis that there were sufficient need and public interest grounds to approve the application despite the conflicts with some aspects of the code.

Desired Regional Outcome 2.6 Rural Subdivision of the Regional Plan.

Significant conflict with the rural subdivision provisions of the FNQ Regional Plan 2009-2031, however, this is counterbalanced by the Regional Plan’s encouragement of industry in rural towns & inclusion of the site within the Urban Footprint.


3.3 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.

3.4 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.

3.5 Where utilities (such as sewers on non-standard alignments) traverse lots to

service another lot, easements must be created in favour of Council for access and maintenance purposes. The developer is to pay all costs (including Council’s legal expenses) to prepare and register the easement documents.

3.6 Any existing buildings or structures and/or incidental works that straddle the new

boundaries must be altered, demolished or removed, as required, to align with the new property boundaries and/or be wholly contained within the new lots unless approved by Council’s delegated officer.

3.7 Prior to the endorsement of the plan of survey the applicant must provide a letter

from any Concurrence Agencies confirming that their conditions have been complied with and/or that they have no objection to Council's endorsement of the plan of survey.

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

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

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

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

3.11 Development must be carried out generally in accordance with the conditions of the Preliminary Approval (DA/13/0096) and the facts and circumstances of the use as submitted with the application, and the approved plans and documents subject to any alterations required to ensure compliance with the following conditions of this approval.

4. Infrastructure Services and Standards

4.1 No new industrial lots are to be accessed directly from Manthey Road. 4.2 Easements

Where Council is party to a proposed easement and/or if the proposed easement is in favour of Council the Applicant/Developer is to pay all costs (including Council’s legal expenses) to prepare and register the easement documents, using Council’s standard form of easement. The approved easement documents must be submitted at the same time the applicant/developer seeks endorsement of the plan of survey and must be lodged and registered in the Department of Natural Resources & Mines in conjunction with the plan of survey.


4.3 Stormwater Drainage/Water Quality

(a) The applicant/developer must take all necessary steps to ensure a non-

worsening effect on surrounding land as a consequence of the development. (b) If it is not possible and/or feasible to achieve a ‘non-worsening’ effect, the

Developer will design and construct, at their own cost, any external stormwater drainage infrastructure required to dispose of any concentrated or increased stormwater discharged from the site to a legal point of discharge, being Mazlin Creek and/or the Manthey Road drainage system, to the satisfaction of Council's delegated officer.

(c) Prior to works associated with this approval commencing the applicant must

submit a Stormwater Quality Management Plan and Report prepared and certified by a suitably qualified design engineer (RPEQ) that meets or exceeds the standards of design and construction set out in the Urban Stormwater Quality Planning Guideline and the Queensland Water Quality Guideline to the satisfaction of Council’s delegated officer.

(d) The Stormwater Quality Management Plan must include an Erosion and

Sediment Control Plan that meets or exceeds the Soil Erosion and Sedimentation Control Guidelines (Institute of Engineers Australia) to the satisfaction of Council’s delegated officer.

(e) The Applicant/Developer must construct the stormwater drainage

infrastructure generally in accordance with the requirements of clause 7 of the Infrastructure Agreement, and the associated Black & More Stormwater Management Plan, File Ref. C1206976, dated 13 May 2013.

(f) Temporary drainage is to be provided and maintained during the construction

phase of the development, discharged to a lawful point and not onto the construction site.

(g) Any stormwater channels through private property must be registered, with

the easement for drainage purposes in favour of Council. All documentation leading to the registration of the easement must be completed at no cost to Council.

(h) Construction of drainage must be to FNQROC standards (section D4),

including the provision for an ARI 100 year overland flow through open space areas or easement over adjoining properties.

(i) All stormwater drainage must be collected from site and discharged to an

approved legal point of discharge.

4.4 Earthworks

As part of a subsequent application for Operational Works, an earthworks plan is to be submitted, prepared by a suitably qualified RPEQ demonstrating compliance with the Filling and Excavation Code (Atherton) including the following detail: - Maintenance of access roads to and from the site such that they remain

free of all fill material and are cleaned as necessary


- Preservation of all drainage structures from the effects of structural loading generated by the earthworks;

- Protection of adjoining properties and roads from ponding or nuisance from stormwater.

All site earthworks, drainage and pavement construction are to be designed and supervised by a RPEQ. Testing is to be carried out by NATA Registered Laboratories and results submitted as part of the As Constructed information. The Supervising Engineer must submit a certificate demonstrating that all work has been satisfactorily completed to the quality control criteria for the site and in accordance with AS3798 (as amended).

4.5 Roadworks – Internal

Internal roads must be constructed in accordance with FNQROC Development Manual standards (as amended) for the applicable planning scheme area and Atherton Shire Planning Scheme Policy 1 – Road Construction Standards and Operational Works Development Standards to the satisfaction of Council’s delegated officer.

A temporary turnaround area, with gravel surface, must be provided at the end of the new road construction adjacent to the balance area of the overall subdivision to allow traffic manoeuvring.

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

4.6 Water Supply

The developer must connect the proposed development to Council’s reticulated water supply system in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer, and: (a) In accordance with the requirements of the Black & More Water and Sewer

Analysis Report, File Ref. C1206976, dated 23 May 2013. (b) A water service connection is not required to be provided to each lot.

4.7 Sewerage Connection The developer must connect the proposed development to Council’s reticulated sewerage system in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer, and in accordance with the Black & More Water and Sewer Analysis Report, File Ref. C1206976, dated 23 May 2013.

4.8 Unconstructed Road Revegetation

The Applicant/Developer must provide a plan for the revegetation and rehabilitation of the unconstructed road adjacent to the western boundary of the subject land that is currently not vegetated by ‘Mabi’ rainforest species, or which contains weed species. The plan shall be prepared by a suitably experienced worker in this field, must detail the native species to be used, and must be approved by Council's delegated officer prior to commencement of the works. The species used in the revegetation will consist of 'Mabi forest' species.


The revegetation works must be completed and approved by Council's delegated officer prior to Council signing the survey plan containing the tenth industrial lot. The developer will maintain the buffer for two (2) years, and a bond of 50% of the contract value of the works must be lodged with Council during the maintenance period, as a guarantee. The bond will be returned on satisfactory correction of any defective work after expiration of the maintenance period. During the maintenance period, Council may call up the bond and carry out any work required. The bond will be lodged with Council to secure those works prior to Council signing the relevant plan of survey.

4.9 Industrial Landuse Impact Buffer Requirements

The Developer will provide suitable Covenants (at the Applicant’s expense) which ensure that no high impact industry (as defined by State Planning Policy 5/10) will be established within 500 metres of any part of Lot 564 on NR1286 or Lot 3 on RP742306. The location and terms of the Covenant shall be to the satisfaction of Council’s delegated officer.

4.10 Drainage Reserve

The land described as Easement A on RP742509 (proposed Lot 157 on the approved plan) will be dedicated as a 10 m wide drainage reserve prior to Council endorsement of the first industrial lot on the plan of survey for this development.

4.11 Electricity provision/supply

The applicant/developer must ensure that underground electricity supply is provided to the development in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer. Written advice from an Electricity Service Provider is to be provided to Council indicating that an agreement has been made for the provision of underground power reticulation.

4.12 Telecommunications The applicant/developer must enter into an agreement with a telecommunications carrier to provide telecommunication services to each allotment and arrange provision of necessary conduits and enveloping pipes. Written advice from the Telecommunications Service Provider is to be provided to Council indicating that an agreement has been made for the provision of telecommunications.

4.13 Lighting Street lighting must be provided to all roads in accordance with the FNQROC Development Manual - Atherton requirements (as amended) and to the satisfaction of Council’s delegated officer.


4.14 Conflicting Land Uses A 40 metre wide fenced buffer will be maintained within the balance area between any agricultural use on the developed lots resulting from this approval with the exception of hay production and/or broad-hectare horse or cattle grazing. Any undeveloped parts of the site, including buffer areas will be kept free of noxious weeds and must not become overgrown or harbour vermin. The Applicant/Developer will ensure that a 5m wide buffer to any existing development is grassed, slashed and maintained to the satisfaction of Council's delegated officer.

4.15 Footpaths & Bikeways

The developer is required to design and construct footpaths and bikeways in accordance with any other relevant conditions of approval and the FNQROC Development Manual standards (as amended) for the applicable planning scheme area to the satisfaction of Council’s delegated officer prior to Council signing the relevant survey plan. The design will ensure that the internal footpath and bikeway network connects to the south-eastern corner of the site.

4.16 Landscaping / Site Maintenance

Landscaping / site maintenance carried out as per this approval, and in accordance with the FNQROC Manual, shall be maintained for all areas, including parks, covenants, easements, noise mounds, traffic islands, medians, roundabouts and road verges as follows:

replacement of trees / shrubs / plantings as required landscaping / site maintenance shall include mowing / slashing of all areas

outlined above landscaping / site maintenance is to be continued throughout the Defects

Liability Period until date of Final Acceptance

Contrary to Section D9.23 Paragraph 7 of the FNQROC Manual, the maintenance period for irrigation works and landscaping shall be a minimum of twelve months.

(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 charges, the amount of the charges and when the charges 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) Water Meters/Water Service Connection

Prior to the water service connections and installation of the meters by Council, an application for a Plumbing Compliance Permit is required to be submitted with detailed hydraulic drawings. The cost of the required connection and meter (capping of any


existing meter may be required) will be determined based upon the approved hydraulic drawings at the time of lodgement of the a Water Quotation, Connection, Disconnection Request.

(d) Property Connection to existing sewer main (house connection branch installation)

Prior to the property connection to an existing sewer main commencing, a request for a Property Connection Quotation must be lodged with Council. The cost of the required property connection will be determined based upon the assessment of the Property Connection Quotation Request. The Property Connection Quotation Request must be lodged and the required connection fee paid prior to the signing of the survey plan.

(e) Easement Documents

The Tablelands Regional Council has developed standard easement documentation to assist in the drafting of formal easement documents for Council easements. Please contact the Urban & Regional Planning Section for more information regarding the drafting of easement documents for Council easements.

(f) 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.

(g) 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.

(h) Notation on Rates Record

A notation will be placed on Council’s Rate record with respect to the relevant lots regarding the following conditions:

4.1 - No direct access from Manthey Road; 4.13 - Industrial Landuse Impact Buffer Requirements; 4.18 - Conflicting Land Uses; 4.20 - Landscaping / Site Maintenance.

(i) Transportation of Soil

All soil transport to or from the site must be covered to prevent dust or spillage during transport. If soil is tracked or spilt onto the road pavements as a result of works on the subject site, is must be removed prior to the end of the working day and within four (4) hours of a request from a Council Officer.

(j) 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.


(k) 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.datsima.qld.gov.au.

(E) CONCURRENCE AGENCY CONDITIONS

Department of Transport Main Roads conditions (C/- DSDIP) dated 9 September 2013. (F) RELEVANT PERIOD

When approval lapses if development not started (s.341) Reconfiguring a Lot requiring Operational Works – four (4) years (starting the day the

approval takes effect). (G) OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

Development Permit for Operational Works Development Permit for Reconfiguring a Lot

2. That an Adopted Infrastructure Charges Notice be issued for the following infrastructure

charge/s for:

*Indexed at +3.3% in accordance with the Local Government Cost Index for 2013 calculated using ABS data for the December quarter of 2012 (Source: LGAQ September 2013).

Infrastructure Charge Lots Rate Current

Amount of Charge

Roadworks External to a Site - Contributions (As per condition 7(iii) of DA/13/0096)

12 $6,000.00 per 1,200m2 of

usable lot area*

$92,846.00

Water Supply Infrastructure Charges 12 4.5 EP x $2,005.00 per lot

$108,270.00

Sewerage Infrastructure Charges

12 4.5 EP x $1,520.00 per lot

$82,080.00

TOTAL CURRENT AMOUNT OF CHARGE

$283,196.00


THE SITE


This large, vacant site is located within a corridor of rural and agricultural land separating Atherton from the township of Tolga and the associated Tolga Industrial Estate. It has an area of 8.9 ha, and has frontage to two parts of Isabella Street, which is an internal road within the industrial estate. It also has two frontages to the bitumen sealed Manthey Road for the full extent of the southern boundary, and there is also an unconstructed road along its western boundary. A 10 m wide drainage easement in favour of Council also runs along the full length of the western boundary of the site, as does a 20 m wide unconstructed road. The site topography is regular, there are no natural watercourses or vegetation, and slopes do not exceed 1:10. It drains eastwards towards Manthey Road, with some of that flow then being directed northwards along the recently upgraded Manthey Road drain, and some of it draining into Mazlin Creek. It is directly adjoined to the north by developed industrial lots, to the west by the Tolga Scrub environmental park, to the east by the disused rail corridor, and to the south by a large, mostly vacant, rural lot.


BACKGROUND AND CONTEXT The proposed future Atherton bypass alignment runs to the east of the land and does not directly affect the site. The Department of Transport and Main Roads has indicated that it requires an associated feeder/collector road through the land to the south that will link the future bypass to the Manthey Road/Tolga Road intersection. PREVIOUS APPLICATIONS & APPROVALS On 11 October 2012, Council granted a Preliminary Approval for a Material Change of Use over the site to vary the effect of the Atherton Shire Planning Scheme 2002 (amended December 2004) to allow use rights consistent with the Industrial Planning Area (Tolga District) (Council Reference DA/13/0096 Alias IPA11-18). Essentially the Preliminary Approval has the effect of "rezoning" the site to the Industrial Planning Area. Originally, 58 lots were shown on the proposal plan generally having a minimum area of 1,100m2 with minimum frontages of 25m. While this is generally in accordance with the more recently developed industrial lots in the southern part of the Tolga Industrial Estate, those lots have largely been too small for efficient utilisation. The draft TRC Planning Scheme proposes minimum areas of 1500m2. A copy of the Decision Notice for the Preliminary Approval (dated 11 October 2012) is provided as Attachment 1. DESCRIPTION OF PROPOSED DEVELOPMENT The following excerpt is taken from the Planning Report that accompanied the application for Stage 1 and provides a description of the proposed development:


The proposed plan of reconfiguration is provided as Attachment 2. REGIONAL PLAN DESIGNATION

The subject site is included within the Urban Footprint land use category in the Far North Queensland Regional Plan 2009-2031. Atherton is identified as a Major Regional Activity Centre in the Regional Plan. PLANNING SCHEME DESIGNATIONS

RELEVENT PLANNING INSTRUMENTS 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:

Structure Plan designation: Rural

Planning Area: Rural (where GQAL) Planning Area (Tolga District Plan Map)


DRO 2.4 Primary Production & Fisheries Land Use Policy Complies Comments

2.4.1 Good quality agricultural land is protected

from urban development outside the urban footprint.

- N/A - The site is inside the urban footprint

2.4.2 Appropriate buffer distances between incompatible uses and agricultural operations on good quality agricultural land are provided through sensitive land use planning in accordance with State Planning Policy 1/92.

- N/A - Not required for industry land uses

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).

Complies

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.

/× Site is adjacent to Tolga Scrub, which is designated HES. A requirement for a drainage reserve and vegetation of the unconstructed road along the western boundary will satisfy this requirement.

DRO 1.3 Air & Acoustic Environment Protection

Land Use Policy Complies Comments

1.3.1 Urban design, industrial and residential subdivision layout, building design and operational practices are adopted that act to minimise air and noise emissions and the impacts of emissions on sensitive land uses

/× Appropriate requirements can be conditioned that take account of likely future sensitive land uses. The site is in the vicinity of land that is already developed as residential land and or which is designated for future residential development. At a minimum, this land should be separated from an industrial land by a 500 m wide buffer in accordance with the requirements of SPP 5/10 (Air, Noise and Hazardous Materials).

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.

/× As above.

1.3.3 Sensitive land uses should be separated from activities that generate noise and air emissions including commercial, recreational activities such as motor sports, intensive agricultural land uses, major transport facilities and industrial developments to ensure that existing air and noise emitters are not affected by the encroachment of sensitive land uses.

/× As above.


DRO 3.5 Sense of Community, Place & Identity Land Use Policy Complies Comments

3.5.4 Local character and identity is

reinforced through planning and development of regional activity centres, rural towns, greenfield developments and infill areas.

/× The site is a key element in the northern gateway of Atherton and therefore a key element in sustaining the local character and identity of Atherton - appropriate visual buffering conditions will be required to avoid detrimental impacts on local character and identity.

DRO 4.1 Compact Urban Form


4.1.1 Urban development is contained within the urban footprint

Complies

4.1.2 Urban development is sequenced to ensure logical and orderly land use and infrastructure delivery.

/× Does not substantially conflict with proposed sewer and water infrastructure delivery & sequencing.

DRO 5.1 Economic Growth & Diversification


5.1.2 Strategically located land and buffers are secured to meet the current and future requirements of locally and regionally significant business and industry uses, including long-term provision beyond the timeframe of the FNQ Regional Plan.

/× Appropriate buffering requirements can be conditioned in accordance with the requirements of SPP5/10 (Air, Noise and Hazardous Materials) if required.

5.1.3 Commercial and industrial sites and areas with identified potential for local and regional economic development are protected from incompatible development, when deciding planning scheme amendments and development applications.

Does not conflict.

DRO 5.2 Industry & Business Development


5.2.5 New business and industry initiatives, including home based business, that build on local strengths and opportunities are facilitated and supported in rural towns and villages.

Does not conflict.

DRO 5.4 Primary Industries


5.4.2 Threats to primary production from incompatible development are identified and managed through land use planning and where appropriate, by developer established buffers.

/× Can be conditioned if required – no buffering required for industrial land.

5.4.3 Potential conflict between primary industries and urban activities is managed through land use planning and, where appropriate, developer-established buffers.

/× As above.


Comment: Any establishment of industrial uses on this site needs to consider the DRO industrial siting, buffering and amenity requirements. These issues also arise later in the assessment against the planning scheme. While the land is within the Urban Footprint of the Regional Plan, that inclusion does not automatically mean that it can be developed for urban purposes such as industrial uses. Local government planning schemes are the primary reference point for deciding future land use, and the timing of development within the urban footprint. The application has been assessed as being capable of substantially complying with the relevant provisions of the Regional Plan provided community need is adequately demonstrated, and provided conditions are applied to any approval, particularly in relation to buffering of likely future adjoining and surrounding sensitive land uses, buffering of the Tolga Scrub which has significant ecological values, and preservation of the important scenic gateway amenity values of the site.

(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 (Lapsed 18 December 2013).



DRO 6.1 Infrastructure, Planning and Coordination


6.1.1 Development in the areas planned for urban growth is appropriately sequenced to facilitate more efficient provision of infrastructure and services and reduce costs.

/× Does not substantially conflict with proposed sewer and water infrastructure delivery & sequencing. Bring-forward costs can be recovered in this instance.

6.1.2 Infrastructure is supplied in a coordinated, efficient and orderly way, and encourages urban development in areas where adequate infrastructure exists or can be provided efficiently.

/× As above.

6.1.3 Demand for resources is managed in order to maximise the efficient use of transport, energy and water resources and delay the need for additional infrastructure provision.

/× As above.


(c) Atherton Shire Planning Scheme 2002 (amended December 2004) Relevant Development Codes


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


SPP 1/03

Mitigating the Adverse Impacts of Flood, Bushfire and Landslide

N/A This SPP lapsed on 1 September 2013 and was not renewed in anticipation of the release of the single State Planning Policy.

SPP 4/10

Healthy Waters N/A This SPP came into effect on 2 May 2011 and is therefore applicable to the subject application. The SPP aims to ensure that urban development avoids or minimises impacts on stormwater quality and flow in accordance with a set of stated design objectives. The submission of a Stormwater Quality Management Plan and Sediment and Erosion Control Plan is required as a condition of approval.

SPP 5/10

Air, Noise and Hazardous Materials

N/A This SPP is not applicable as there are no management areas to which the SPP applies within the TRC LGA, however consideration can be given to the provisions of the SPP in the context of buffering requirements. The Preliminary Approval (DA/13/0096) included a condition regarding industrial buffering in accordance with the SPP and the same condition is recommended for inclusion in the development permit for Stage 1.

SPP1/12 Protection of Queensland’s Strategic Cropping Land

N/A This SPP came into effect 30 January 2012 for the protection of SCL, which is a finite resource that must be conserved and managed. The SPP generally aims to protect SCL from developments that lead to permanent impacts or diminished productivity. The subject site is not identified by mapping as SCL or potential SCL.

Temp SPP1/13

Planning for Prosperity N/A This SPP came into effect on 25 August 2013 and is therefore applicable to the subject application as it came into effect prior to the application entering the decision making period. 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:


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


This policy is only relevant to State referral agencies involved in the assessment and not Council as the assessment manager. In this instance, DTMR (C/- DSDIP) have provided conditions of approval (Attachment 3).


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: No. 1 – Road Construction Standards and Operational Works Development Standards The policy can be satisfied by requiring all operational works undertaken in association with the proposed development to be carried out in accordance with the FNQROC Development Manual and Council’s policy. (f) Adopted Infrastructure Charges Notice No. 2 – Roadworks External to a Site – Contributions Roadworks external charges are levied on development that places additional traffic loadings on principal road accesses and those contributions are directed towards the upgrading of the Council controlled road network servicing the site. Typically these are applied where the local road network is not to the desired standard and requires upgrades to keep pace with development pressures in the locality. Condition 7(iii) of the Preliminary Approval (DA/13/0096) requires the developer to contribute $6000.00 per 1,200m2 of developable area towards the upgrade of Manthey Road, from the railway crossing adjacent to the site's south-east corner to the intersection of Manthey Road and Beantree Road (6.5m wide bitumen standard). This condition forms part of the Infrastructure Agreement dated 5 August 2013 (clause 6.1). The officer's report for the Preliminary Approval provides additional information on the basis for this contribution. Essentially, the original assessment considered the likely traffic impacts of the proposal and the associated cost of upgrading the Industrial Estate's existing internal road network (Albrecht Street, Isabella Street & Beantree Road) to a B-Double standard versus the cost of upgrading the eastern section of Manthey Road to the same or similar standard ($650,000 vs $384,000). The assessment concluded that the upgrade of Manthey Road is a more economical option and that $6,000.00 per 1,200m2 of developable areas is a reasonable proportionate contribution.

Relevant Codes Comments Reconfiguring a Lot Code Conditions will be required in relation to:

Road standards; Orderly provision of infrastructure; Footpaths & bikeways; Buffering to avoid impacts on visual & environmental values; Interface between rural and industrial land uses; Provision of reticulated water & sewer, stormwater infrastructure,

underground power and telecommunications.

The application does not comply with the following performance criteria:

Minimum 40 ha subdivisional area in the Rural (where GQAL) Planning Area and the loss of GQAL (P1.1, P1.2, P1.12 & P.13).

On 4 October 2012, Council granted a Preliminary Approval over the site in accordance with section 242 of the Sustainable Planning Act 2009 for a Material Change of Use to vary the effect of the Atherton Shire Planning Scheme 2002 (amended December 2004) to establish use rights consistent with the Industrial Planning Area (Tolga District Plan) (Council Reference DA/13/0096). The Preliminary Approval was granted on the basis that there were sufficient need and public interest grounds to approve the application despite the conflicts with some aspects of the code.


In accordance with clause 6.1 of the Infrastructure Agreement, a roadworks external charge of $92,846.00 is recommended for inclusion in the Adopted Infrastructure Charges Notice. The charge has been calculated as follows: Stage 1 Proposed Developable Area (excludes balance rural lot, roads and drainage reserve) = 17,983m2 Therefore… 17,983m2 / 1,200m2 = 14.98 Therefore… 14.98 x $6,000.00 = $89,880.00 (Total contribution before applying the Local Govt. Cost Index) NB: At the time of calculating this contribution the Local Government Cost Index for 2013 was +3.3% based on ABS data for the December quarter of 2012 (Source: LGAQ September 2013). Therefore… +3.3% (LGCI) x $89,880.00 = $2,966.00 Therefore… $2,966.00 + $89,880.00 = $92,846.00 Atherton Shire Infrastructure Charges Plan (Water Supply & Sewerage) The site is not located within a Water Supply or Sewerage Reticulation Infrastructure Charge Area, but the policy is also intended to apply to any other land (such as this site) where connection to reticulated water supply and sewerage is proposed. Conditions 7(i) and 7(ii) of the Preliminary Approval (DA/13/0096) required that the developer pay a contribution for each lot for sewerage and water supply headworks in accordance with Atherton Shire Infrastructure Charges Plan (Water Supply & Sewerage) at the rate identified in the Fees and Charges Schedule at the time of payment prior to Council signing the survey plan containing the first industrial lot or lots. At the time of drafting the Infrastructure Agreement, Council's Engineer Water and Wastewater liaised with the Applicant's consulting engineers; Black and More, to determine that an appropriate Equivalent Population (EP) rating for the development is 30 EP per hectare of net developable area. Clauses 4.3 and 5.3 of the Infrastructure Agreement reflect the requirement for charges to be calculated on this basis, hence the charges recommended for inclusion in the Adopted Infrastructure Charges Notice have been calculated as follows: Water Supply Stage 1 Proposed Developable Area (excludes balance rural lot, roads and drainage reserve) = 1.7983 ha


Therefore… 1.7983 ha x 30 EP = 53.95 EP rounded to 54 EP = 4.5 EP per lot Therefore… 4.5 EP x 12 lots x $2,005.00 (current charge rate) = $108,270.00 Sewerage Stage 1 Proposed Developable Area (excludes balance rural lot, roads and drainage reserve) = 1.7983 ha Therefore… 1.7983 ha x 30 EP = 53.95 EP rounded to 54 EP = 4.5 EP per lot Therefore… 4.5 EP x 12 lots x $1,520.00 (current charge rate) = $82,080.00 REFERRALS Concurrence The application triggered referral to the Department of Transport and Main Roads (C/- DSDIP) as a Concurrence Agency for development with the potential to impact upon State controlled road and rail infrastructure. That Department advised in a letter dated 9 September 2013 that they require conditions to be attached to any approval (Attachment 3). The conditions include the requirement that the development be accessed via Albrecht Street and that part of Manthey Road east of the railway corridor, and specifies that there will be no vehicular access via the Manthey Road/Kennedy Highway intersection. The conditions also require that a footpath be installed to connect the proposed lots to the rail corridor in anticipation of future works associated with the "Rail Trails" program. Internal Consultation The application was referred to Council's Development Engineer and the Engineer Water and Wastewater however no comments were provided.


PLANNING DISCUSSION To a large extent, the recommended conditions reflect the conditions attached to the Preliminary Approval (DA/13/0096) albeit with some amendments, additions and omissions made as deemed necessary. The original officer's report for the Preliminary Approval provided discussion on various aspects of the assessment relevant to both the Preliminary Approval and the Development Permit for Stage 1, namely…

Loss of Good Quality Agricultural Land (GQAL); Industrial buffering from nearby sensitive land uses; Ecological buffering in relation to the Tolga Scrub; Local road network design; and Need assessment.

It is not considered necessary that the above topics be revisited as part of the current assessment given that Council has accepted that there were valid grounds upon which to grant the Preliminary Approval in light of the recommended conditions. The conditions of the Preliminary Approval are therefore the guiding factor in the current assessment and the main aim is to ensure consistency between the two approvals to the extent that consistency is warranted. The recommended conditions do however depart from the conditions of the Preliminary Approval in relation to the following:

Inclusion of the proposed lot layout for Stage 1 in the approved plans, reflecting amendments to the overall subdivision layout as required by conditions 2 and 3 of the Preliminary Approval, which inturn have been omitted;

Omission of condition 5 of the Preliminary Approval, as boundary realignments with

Lot 12 and/or Lots 14 -24 on SP214315 of the existing industrial estate are not proposed;

Inclusion of Water Supply, Sewerage and Stormwater conditions reflecting the

Infrastructure Agreement dated 5 August 2013 and the supporting engineering reports prepared by Black and More consultants;

Omission of condition 9 of the Preliminary Approval as relates to the upgrade of

Manthey Road (south) as the works are not triggered until endorsement is sought for the 13th industrial lot (eastern section) and the 40th industrial lot (western section);

Omission of condition 15 of the Preliminary Approval as relates to the registration of a

sewer rising main easement along the new section of Isabella Street (east) to Manthey Road (south), as Council has since liaised with officers from DTMR to confirm that it is acceptable for the rising main to be located within the adjoining rail corridor.

Date Prepared: 23 September 2013


ATTACHMENT 1 PRELIMINARY APPROVAL DECISION NOTICE DA/13/0096 (DWVS# 3058879)


ATTACHMENT 2 APPROVED PLAN (DWVS# 3386934)


ATTACHMENT 3 DSDIP REFERRAL RESPONSE (DWVS# 3420348)


ITEM-3 EK & KL FRANCIS - RECONFIGURING A LOT - SUBDIVISION (1 INTO 2 LOTS) - LOT 1 ON SP149572 - 7 ANZAC AVENUE, MAREEBA - REC/12/0010


MEETING: Ordinary MEETING DATE: 3 October 2013 REPORT AUTHOR/ OFFICER’S TITLE: Brian Millard, Senior Officer DEPARTMENT: Planning and Development

APPLICATION DETAILS

ATTACHMENTS: 1. Proposal Plan - 12/6800 LL1 8.10.2012

2. Advice Agency Response - Department of Environment and Heritage Protection dated 24 July 2012

EXECUTIVE SUMMARY

An officer's report on this development application was previously submitted to the Ordinary Meeting on 7 February 2013. The previous report had recommended that the application be refused due to the applicant's failure to satisfactorily address Council officers concerns over the long term geological stability of the applicants identified building envelope on proposed Lot 11. The previous report was withdrawn from the agenda, at the applicant's request, before Council was able to make a decision.

APPLICATION PREMISES FILE NO: REC/12/0010 ADDRESS: 7 Anzac Avenue,

Mareeba APPLICANT: E K & K L Francis RPD: Lot 1 on SP149572 LODGED BY: Twine Surveys Pty Ltd AREA: 1.027 hectares DATE LODGED: 29 June 2012 OWNER: E K & K L Francis TYPE OF APPROVAL:

Development Permit

PROPOSED DEVELOPMENT:

Reconfiguring a Lot - Subdivision (1 into 2 Lots)

PLANNING SCHEME:

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

ZONE: Residential Zone LEVEL OF ASSESSMENT:

Code Assessment

SUBMISSIONS: N/A


Subsequent to the withdrawal of the report, Council officers and the applicant have carried out several further inspections of the subject land to find acceptable solution which would allow Council officers to recommend conditional approval. As a result of these further discussions, Council officers are satisfied that proposed Lot 11, whilst significantly constrained, is capable of accommodating a small to medium sized dwelling house in several locations and should be recommended for approval. Notwithstanding this, a condition requiring the applicant to engage a suitably qualified person to undertake a geotechnical assessment is still justified and further, in the event that instability is found by the assessment, remedial works will be required prior to the endorsement of the plan of survey. Council is in receipt of a development application described in the above application details. The application is code assessable and was therefore not required to undergo public notification. It has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and does not significantly conflict with any relevant planning instrument. The key issues of the proposed development are the significant constraints imposed on proposed Lot 11 by the Q100 flood level, slope, undetermined extent of historic filling, sewerage main and overhead power lines. Whilst proposed Lot 11 would have an area of 8,824 square metres, the actual amount of lesser constrained developable land is limited. It is therefore essential that the amount of developable land be maximised through geotechnical investigation and if necessary, remediation prior to the endorsement of the survey plan. It is recommended that the application be approved in full with conditions.




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

creating 2 lots And The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument.

APPLICATION PREMISES APPLICANT: E.K & K.L Francis ADDRESS: 7 Anzac Avenue, Mareeba DATE LODGED 29 June 2012 RPD: Lot 1 on SP149572 TYPE OF APPROVAL

Development Permit


Reconfiguring a Lot - Subdivision (1 into 2 Lots)


(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 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 utilities (such as sewers on non-standard alignments) traverse lots to service another lot, easements must be created in favour of Council for access and maintenance purposes. The developer is to pay all costs (including Council’s legal expenses) to prepare and register the easement documents. An easement in favour of Council must be created over the existing sewer main traversing proposed Lot 11.



12/6800 LL1 Proposed Reconfiguration of Lots 11 & 12 Cancelling Lot 1 on SP149572

Twine Surveys Pty Ltd 8.10.2012


3.5 Any existing buildings or structures (pools/tennis courts or fences) and/or incidental works that straddle the new boundaries must be altered, demolished or removed, as required, to align with the new property boundaries and/or be wholly contained within the lots unless approved by Council’s delegated officer.

3.6 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.

3.7 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.

3.8 Flood Immunity The floor level of any habitable room in any new building constructed on proposed Lot 11 must be a minimum of 300mm above the 100m ARI year flood level (394m AHD).

3.9 No filling is to occur below the 100 ARI flood level unless approved as part of a subsequent development application for operational works.

3.10 Landslide For any new building on proposed Lot 11 on a slope of 15% or greater, the land owner must provide Council's delegated officer with a site-specific geo-technical report prepared by a suitably qualified Registered Professional Engineer of Queensland (RPEQ) that certifies: - The long term stability of the development site; and - The development site will not be adversely affected by landslide. The report must be provided to Council's delegated officer prior to the issue of the development permit for building works.

3.11 Stability of Historic Filling - Proposed Lot 11 The developer must provide site-specific geotechnical report prepared by a suitably qualified Registered Professional Engineer of Queensland (RPEQ) that establishes the extent and stability of those parts of proposed Lot 11 which have been subjected to historic filling. Should the geotechnical report find that any of the historic filling is unstable, the developer must undertake remedial action to stabilise these areas prior to the endorsement of the plan of survey. The nature and extent on any remedial works must be submitted to Council as a development application for operational works. A development permit for operational works must be approved by Council's delegated officer prior to the commencement of remedial works. A suitably qualified Registered Professional Engineer of Queensland (RPEQ) must certify that all remedial works are stable upon completion and


a copy of the certification must be provided to Council prior to the endorsement of the plan of survey.

3.12 The developer must remove the fallen tree and demolition debris from the first (back from Anzac Avenue) embankment within proposed Lot 11 prior to endorsement of survey plan.

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

4. Infrastructure Services and Standards 4.1 Access

An access must be constructed from the edge of the road pavement to the property boundary of proposed Lots 11 and 12 in accordance with the FNQROC Development Manual, to the satisfaction of Council’s delegated officer. The developer must ensure that any redundant vehicle crossovers are removed and reinstated with kerb and channel.

4.2 Stormwater Drainage The applicant must ensure a non-worsening effect on surrounding land as a consequence of the development and must take all reasonable and practicable measures to ensure discharge occurs in compliance with the Queensland Urban Drainage Manual (QUDM) and the FNQROC Development Manual.

4.3 Water Supply (a) Where the existing reticulated water supply does not currently service

the site or is not at an adequate capacity, the developer is required to extend or upgrade the reticulated water supply infrastructure to connect the site to Council’s existing infrastructure at a point that has sufficient capacity to service the development in accordance with FNQROC Development Manual standards (as amended).

(b) A water service connection must be provided to each proposed lot in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer.

4.4 Sewerage Connection The developer must connect each proposed lot to Council’s reticulated sewerage system in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer. Where sewerage connections are not available to the site, or where existing connections are not satisfactory for the proposed development, the developer is required to extend or upgrade the reticulated sewerage infrastructure to connect the site to Council’s existing infrastructure at a


point that has sufficient capacity to service the development in accordance with FNQROC Development Manual standards (as amended).

4.5 Electricity provision/supply The applicant/developer must ensure that an appropriate level of electricity supply is provided to each allotment in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer. Written advice from an Electricity Service Provider is to be provided to Council indicating that an agreement has been made for the provision of power reticulation.

4.6 Telecommunications The applicant/developer must enter into an agreement with a telecommunication carrier to provide telecommunication services to each allotment and arrange provision of necessary conduits and enveloping pipes.

(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) Water Meters/Water Service Connection Prior to the water service connection works commencing, a Water Quotation, Connection, Disconnection Request must be lodged with Council. The cost of the required water connection will be determined based upon the assessment of the Water Quotation Request. The Water Quotation Request must be lodged and the required connection fee paid prior to the signing of the survey plan.

(d) Property Connection to existing sewer main (house connection branch installation) Prior to the property connection to the existing sewer main commencing, a request for a Property Connection Quotation must be lodged with Council. The cost of the required property connection will be determined based upon the assessment of the Property Connection Quotation Request. The Property Connection Quotation Request must be lodged and the required connection fee paid prior to the signing of the survey plan.

(e) Easement Documents The Tablelands Regional Council has developed standard easement documentation to assist in the drafting of formal easement documents for Council easements. Please contact the Urban & Regional Planning Section for more information regarding the drafting of easement documents for Council easements.


(f) 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.

(g) 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.

(h) Notation on Rates Record A notation will be placed on Council’s Rate record with respect to each lot regarding the following conditions: a registered easement over the subject site flood immunity requirements for building on slope of 15% or greater

(i) 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.

(j) 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.datsima.qld.gov.au.

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

Reconfiguring a Lot requiring Operational Works – four (4) years (starting the day the approval takes effect);

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

Development Permit for Operational Works

(G) OTHER APPROVALS REQUIRED FROM COUNCIL

Nil


2. That an Adopted Infrastructure Charges Notice be issued for the following infrastructure

charge/s for:

THE SITE

The subject site is situated on the eastern bank of the Barron River at 7 Anzac Avenue, Mareeba and described as Lot 1 on SP149572, Parish of Tinaroo, County of Nares. The subject site is irregularly shaped with an overall area of 10,270m2 and is zoned Residential under the Mareeba Shire Planning Scheme. The site contains approximately 93 metres of frontage to Anzac Avenue which is constructed to bitumen sealed standard including kerb and channel for the full length of the subject site. Access to the site is gained from Anzac Avenue via a single gravel access crossover located in the eastern corner of the allotment. A second point of access is established further north along the Anzac Avenue frontage of the site; however this point of access is infrequently used. The subject site is improved by a single dwelling and outbuilding (shed) located on the high, flat, south-east corner of the site. With the exceptions of this portion of the site and a second much smaller small portion of high, flat land contained within the sites north-east corner, the remainder of the site slopes steeply to the west down to the Barron River, a perennial watercourse. The majority of the site drains naturally to the Barron River which is considered to be the sites legal point of discharge. A large portion of the rear of the site adjoining the Barron River is identified as a Wetland Area of General Ecological Significance by the Regional Plan Map 3 - Areas of Ecological Significance. The north-east portion of the site is also traversed by a Council sewer main and the site is currently serviced by all available reticulated services. All adjoining properties are zoned Residential and accommodate residential uses. An overhead power line also traverses the subject land.

Infrastructure Charge Lots Rate Current

Amount of Charge

Augmentation of the Road Network Contributions (Mareeba East)

1 $3,790.00 $3,790.00

Open Space Contributions 1 $3,790.00 $3,790.00

Water Supply Headworks Contributions 1 $3,790.00 $3,790.00

Sewerage Headworks Contributions 1 $3,790.00 $3,790.00

TOTAL CURRENT AMOUNT OF CHARGE

$15,160.00



BACKGROUND AND CONTEXT The application was lodged with Council on 29 June 2012. The potential for the subject land to be significantly constrained by flooding and landslide/stability issues was immediately obvious to Council officers and a formal Information Request was issued to the applicant on 6 July 2012. The information request sought the following particulars in order to facilitate adequate assessment of the proposed development:

Please provide a plan showing the probable extent of a 100 ARI year flood event for the site, prepared by a suitable qualified person. This plan can incorporate known historical flood heights.

Where the site is impacted by the 100 ARI year flow, a building envelope of 600m2 (minimum dimensions of 15m x 20m) must be provided at least 300mm above the 100 ARI year flood levels.

Please provide a site-specific geotechnical report prepared by a suitably qualified Registered Professional Engineer of Queensland (RPEQ) that certified the long term stability of the development site and identified building envelope. The geotechnical report must also address the long term stability and integrity of those parts of the lot that have been subject to gradual filling.

On 17 December 2012, Twine Surveys Pty Ltd, on behalf of the applicant, responded to Councils information request. The response provided Council with information on the probable extent of a 100 ARI year flood event based on historical flood levels, and also identified a 600m2 building envelope located above the 100 ARI year flood event level (394m AHD contour). Rather than provide the geotechnical analysis as requested, the applicant has responded by suggesting a geotechnical analysis be required as a condition of approval.


Following several further site meetings between the applicant and Council officers, it has been determined that at least one suitable, albeit small, building site is available within propose Lot 11 adjacent to its southern boundary. This building site is not likely to have been the subject of historic filling. Accordingly, it the conditioned approval approach suggested by the applicant is not opposed by Council officers. PREVIOUS APPLICATIONS & APPROVALS Nil DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Reconfiguring a Lot - Subdivision (1 into 2 Lots) in accordance with the plans shown in Attachment 1. The proposed subdivision will result in the creation of two (2) allotments, these being proposed Lots 11 and 12 as follows:

Proposed Lot 11 - total area of 8,824m2 and approximately 58.453 metres of frontage to Anzac Avenue, Mareeba; and

Proposed Lot 12 - total area of 1,443m2 and approximately 35 metres of frontage to Anzac Avenue, Mareeba.

All existing infrastructure, which includes a single dwelling and outbuilding, will be located entirely within proposed Lot 12, whereas proposed Lot 11 will remain vacant. Both proposed allotments will be accessed from Anzac Avenue and are capable of being connected to all available services. The aerial photographs included in this report show a small shed within proposed Lot 11. This shed has been demolished since the photographs were taken. REGIONAL PLAN DESIGNATION

The subject site is included within the Urban Footprint land use category in the Far North Queensland Regional Plan 2009-2031. Mareeba is identified as a Regional Activity Centre in the Regional Plan. The Regional Plan Map 3 Areas of Ecological Significance also identifies the site contains:

Wetland Area of General Ecological Significance. PLANNING SCHEME DESIGNATIONS

ASSESSMENT AND DECISION REQUIREMENTS The Table of Assessment for the Residential zone specifies that the application is code assessable. It was lodged under the Sustainable Planning Act 2009 (SPA), and is assessed in accordance with the requirements of that Act. Sections 313, 317, 324 and 326 of SPA set out the decision rules that Council must follow when deciding this application and these are summarised below:-

Strategic Framework designation: Major Urban Growth Node (Mareeba)

Zone: Residential


The decision must be based on assessments made against the State Planning Regulatory

Provisions 2009, and relevant provisions of the Regional Plan, state planning policies not reflected in the planning scheme, the planning scheme including the relevant Codes (the relevant instruments) and any applicable codes of 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 and advice agency recommendations and the purposes of any instruments containing an applicable code.

Council may give weight it is satisfied is appropriate to 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 be inconsistent with the State Planning Regulatory Provisions 2009.

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 sets 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) State Planning Regulatory Provision (b) Regional Plan (c) State Planning Policy (d) Standard Planning Scheme Provisions 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) State Planning Regulatory Provisions 2009 There is no SPRP applicable to this application. (b) 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.



(c) 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



DRO 4.1 Compact Urban Form Land Use Policy Complies Comments

4.1.1 Urban development is contained within

the urban footprint The proposed development is contained within the urban

footprint.


(d) Mareeba Shire Planning Scheme 2004 (amendment no. 1 of 2007) Relevant Development Codes


Part 4, Division 6 Residential Zone Code Part 6, Division 12 Reconfiguring a Lot Code


SPP 1/02 Development in the Vicinity of

Certain Airports and Aviation Facilities.

N/A The subject site is not located within the vicinity of any airports or aviation facilities.

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

The subject site is not located within a bushfire hazard area. The subject site is identified as a Natural Hazard Management Area for Landslide and Flood. The development will be conditioned to comply.

SPP 1/11 Protecting Wetlands of High Ecological Significance in Great Barrier Reef catchments (temporary SPP)

N/A The subject site is not identified as a Great Barrier Reef wetland protection area.

SPP 1/92 Development and the Conservation of Agricultural Land

N/A 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

N/A 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

N/A The subject site is not located within the vicinity of a Key Resource Area or associated haulage route.

SPP 2/10 South East Queensland Koala Conservation

N/A This SPP is only applicable to SEQ.

SPP 3/10 Acceleration of compliance assessment

N/A The proposed reconfiguration does not meet the criteria for compliance assessment under this SPP.

SPP 4/10

Healthy Waters N/A The proposed development is not likely to detrimentally impact on any nearby waterways or wetland areas. Assessment against the SPP is therefore not required.

SPP 5/10

Air, Noise and Hazardous Materials

N/A This SPP is not applicable as there are no management areas to which the SPP applies within the TRC LGA.

SPP 4/11

Protecting Wetlands of High Ecological Significance in Great Barrier Reef Catchments

N/A The subject site is not identified as a Great Barrier Reef wetland protection area.


N/A This SPP came into effect 30 January 2012 for the protection of SCL which is a finite resource that must be conserved and managed. The SPP generally aims to protect SCL from developments that lead to permanent impacts or diminished productivity. The subject site is not identified as containing potential strategic cropping land.

Temp SPP2/12

Planning for Prosperity N/A This SPP came into effect on 24 August 2012 and is therefore not applicable to the subject application given that it was lodged prior to the SPP being introduced.


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.

Noncompliance with the relevant acceptable solutions or probable solutions/ performance criteria of the following Codes are summarised as follows: Conflicts with the Specific Outcomes/Probable Solutions of the Reconfiguring a Lot Code:

S4 Each new lot intended for residential use has adequate useable area to allow for:

(i) a dwelling house and ancillary buildings and structures to be erected in a location that is convenient and, as far as practicable, avoids placing people and works at risk from flooding or other hazards; and

PS4 No probable solution provided. Comment The application was lodged with Council on 29 June 2012. The potential for the subject land to be significantly constrained by flooding and landslide/stability issues was immediately obvious to Council officers and a formal Information Request was issued to the applicant on 6 July 2012. The information request sought the following particulars in order to facilitate adequate assessment of the proposed development:

Please provide a plan showing the probable extent of a 100 ARI year flood event for the site, prepared by a suitable qualified person. This plan can incorporate known historical flood heights.

Where the site is impacted by the 100 ARI year flow, a building envelope of 600m2 (minimum dimensions of 15m x 20m) must be provided at least 300mm above the 100 ARI year flood levels.

Please provide a site-specific geotechnical report prepared by a suitably qualified Registered Professional Engineer of Queensland (RPEQ) that certified the long term stability of the development site and identified building envelope. The geotechnical report must also address the long term stability and integrity of those parts of the lot that have been subject to gradual filling.

On 17 December 2012, Twine Surveys Pty Ltd, on behalf of the applicant, responded to Councils information request. The response provided Council with information on the probable extent of a 100 ARI year flood event based on historical flood levels, and also identified a 600m2 building envelope located above the 100 ARI year flood event level (394m AHD contour).

Relevant Codes Comments Reconfiguring a Lot Code The application has a minor conflict with the following

acceptable/probable solutions/performance criteria:

6.4 Specific Outcome S4 and Probable Solution PS4

Refer to discussion below.


Sufficient area exists within proposed Lot 11 to allow for development above the 100 ARI year flood event. The development will be conditioned to require all new habitable rooms to be constructed at least 300mm above the 100 ARI year flood event (394m AHD contour).

Rather than provide the geotechnical analysis as requested, the applicant has responded by suggesting a geotechnical analysis be required as a condition of approval. Council officers were concerned with the approach of issuing conditioned approval unless there was an acceptable degree of certainty that a suitable building site did in fact exist within proposed Lot 11. Following several further site meetings between the applicant and Council officers, it has been determined that at least one suitable, albeit small, building site is available within propose Lot 11 adjacent to its southern boundary. This building site is not likely to have been the subject of historic filling. Accordingly, it the conditioned approval approach suggested by the applicant is not opposed by Council officers. The following specific geotechnical condition is considered appropriate:

The developer must provide site-specific geotechnical report prepared by a suitably qualified Registered Professional Engineer of Queensland (RPEQ) that establishes the extent and stability of those parts of proposed Lot 11 which have been subjected to historic filling. Should the geotechnical report find that any of the historic filling is unstable, the developer must undertake remedial action to stabilise these areas prior to the endorsement of the plan of survey. The nature and extent on any remedial works must be submitted to Council as a development application for operational works. A development permit for operational works must be approved by Council's delegated officer prior to the commencement of remedial works. A suitably qualified Registered Professional Engineer of Queensland (RPEQ) must certify that all remedial works are stable upon completion and a copy of the certification must be provided to Council prior to the endorsement of the plan of survey.


A separate standard condition will be included for any buildings proposed on slopes of 15% or greater. The proposed development has a minor conflict with Specific Outcome S4 but can be conditioned to comply. (e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 2 - Headworks Charges for Water Supply and Sewerage Proposed Lot 11 is capable of being serviced by Council's reticulated water and sewerage networks. In accordance with Planning Scheme Policy No. 2 - Headworks Charges for Water Supply and Sewerage, A headworks charge is applicable at the rate of 1 EDC for both water supply and sewerage. Based on the 2012/2013 water and sewerage contributions rates, the following contributions are applicable:

Water - 1 EDC = $3,790.00 Sewerage - 1 EDC = $3,790.00

No. 4 - Development Manual All development works will need to be carried out in accordance with the FNQROC Development Manual. No. 5 - Open Space Contributions In accordance with Planning Scheme Policy No. 6 - Open Space Contributions, a per additional lot contribution is applicable to the proposed subdivision (1 into 2 Lots). Based on the 2012/2013 parks & open space contribution rate, the following contribution is applicable:

1 lot x $3,668.00 = $3,790.00 No. 6 - Augmentation of the Road Network Contribution In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network, a per additional lot contribution is applicable to the proposed subdivision (1 into 2 Lots). Based the 2012/2013 road contribution rate, the following contribution is applicable:

1 lot x $3,668.00 = $3,790.00


(f) Adopted Infrastructure Charges Notice Water Supply In accordance with Planning Scheme Policy No. 2 - Headworks Charges for Water Supply and Sewerage, an adopted infrastructure charge of $3,790.00 for reticulated water supply is applicable. Sewerage Supply In accordance with Planning Scheme Policy No. 2 - Headworks Charges for Water Supply and Sewerage, an adopted infrastructure charge of $3,790.00 for reticulated sewerage supply is applicable. Roadworks In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contributions, an adopted infrastructure charge of $3,790.00 is applicable. Parks In accordance with Planning Scheme Policy No. 5 - Open Space Contributions, an adopted infrastructure charge of $3,790.00 is applicable. REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies. Advice The application triggered referral to the Department of Environment and Heritage Protection as an Advice Agency. That Department advised in a letter dated 24 July 2012, that the Departments advice statements (Attachment 2) should be considered when assessing the application. Internal Consultation Water & Wastewater PLANNING DISCUSSION Despite its size, proposed Lot 11 is significantly constrained by flood hazard, slope, historic filling, sewerage main and overhead power lines. The amount of developable land within proposed Lot 11 is limited, however is remains adequate to allow for the construction of a small to medium sized dwelling house. It is recommended that the application be approved in full with conditions. Date Prepared: 24 September 2013


ATTACHMENT 1 APPROVED PLANS


ATTACHMENT 2


ITEM-4 NBN CO LIMITED - MATERIAL CHANGE OF USE - TELECOMMUNICATION FACILITIES (FIXED WIRELESS FACILITY) - LOT 484 ON NR6334 - LOOKOUT ROAD, TINAROO - DA/13/0019(A)


MEETING: Ordinary MEETING DATE: 3 October 2013 REPORT AUTHOR: Carl Ewin, Planning Officer DEPARTMENT: Planning and Development

APPLICATION DETAILS

ATTACHMENTS: 1. Proposal Plan/s - Aurecon Australia Pty Ltd dated 26 March 2013

(DWVS# 3243033) 2. Department of Natural Resources & Mines submission dated 28 May

2013 (DWVS# 3309040) 3. Department of Natural Resources & Mines - Confirmation of Owners

Consent dated 18 September 2013 (DWVS# 3429483) 4. Department of Natural Resources & Mines Email dated 23 September

2013 (DWVS# 3429498) 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.

FILE NO DA/13/0019(A) AREA 1.058 Ha LODGED BY Aurecon Australia Pty Ltd OWNER DNRM C/- Tablelands

Regional Council PLANNING SCHEME

Atherton Shire Planning Scheme 2002 (amended December 2004)

PLANNING AREA Rural (Where Not GQAL) LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS One (1) properly made submission

APPLICATION PREMISES APPLICANT NBN Co Limited ADDRESS Lookout Road,

Tinaroo DATE LODGED 3 April 2013 RPD Lot 484 on NR6334 TYPE OF APPROVAL

Development Permit


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


The application and supporting material has been assessed against the relevant planning instruments including the FNQ Regional Plan, State Planning Policies and the Atherton Shire Planning Scheme (including codes and policies) and does not conflict with any relevant planning instrument. Considering the height of the proposed tower, and its siting at the top of a small peak, the key issue with the proposed development will be its potential visual impact on nearby residential uses. It is considered this issue can be adequately managed though conditions of approval. It is recommended that the application be approved in full, subject to conditions.



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 - Material Change of Use -

Telecommunication Facilities (Fixed Wireless Facility) And The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument.

(B) APPROVED PLANS:



4ATH-51-10-TINA-C2 Overall Site Plan Aurecon Australia Pty Ltd 26/03/2013

4ATH-51-10-TINA-C3 Site Setout Plan Aurecon Australia Pty Ltd 26/03/2013

4ATH-51-10-TINA-C4 Site Elevation and Details Aurecon Australia Pty Ltd 26/03/2013

APPLICATION PREMISES APPLICANT NBN Co Limited ADDRESS Lookout Road,

Tinaroo DATE LODGED 3 April 2013 RPD Lot 484 on NR6334 TYPE OF APPROVAL

Development Permit


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


(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 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 the condition(s) of this approval.

3.2 All payments required to be made to the Council (including contributions, charges and bonds) pursuant to any condition of this approval must be made prior to the issue of a building permit (if no building permit required then prior to the commencement of the use) and at the rate applicable at the time of payment.

3.3 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.

3.4 Noise Nuisance Refrigeration equipment, pumps, compressors and mechanical ventilation systems must be located, designed, installed and maintained to achieve a maximum noise level of 3dB(A) above background levels as measured from noise sensitive locations and a maximum noise level of 8dB(A) above background levels as measured from commercial locations. Suitable screening to all air conditioning, lift motor rooms, plant and service facilities located at the top of or on the external face of the building must be installed and maintained. The screening structures must be constructed from materials that are consistent with materials used elsewhere on the facade of the building. There are to be no individual external unscreened air conditioning units attached to the exterior building facade.


4. Infrastructure Services and Standards

4.1 Lighting 4.1.1 Where outdoor lighting is required the developer shall locate, design and

install lighting to operate from dusk to dawn within all areas where the public will be given access, which prevents the potential for light spillage to cause nuisance to neighbours and must be provided in accordance with Australian Standard 1158.1 – Lighting for Roads and Public Spaces. Illumination resulting from direct, reflected or other incidental light emanating from the subject land does not exceed 8 lux when measured at any point 1.5m outside the property boundary of the subject site. The lighting fixtures installed on site must meet appropriate lux levels as documented within Australian Standard 4282 – Control of the Obtrusive Effects of Outdoor Lighting.

4.1.2 Warning lights shall not be installed on the tower, unless specifically required by other relevant legislation.

4.2 Building Materials & Finishes 4.2.1 The equipment cabinets shall be a neutral colour. 4.2.2 The monopole tower shall be painted a colour equivalent to Colorbond

'Pale Eucalypt' in order to achieve an effective visual blend with the surrounding landscape.

4.2.3 The perimeter fence shall be chain wire mesh.

4.3 Operational Requirements 4.3.1 The radiofrequency field emissions from the installed tower shall not

exceed the Australian Radiation Protection and Nuclear Safety Agency mandated exposure limits for continuous exposure to radio frequency transmissions from mobile phone base stations at any time, at any location.

4.3.2 Within three months of the site becoming operational, a site compliance certificate is to be to be carried out by an appropriately qualified person to verify that the site complies with the requirements and limits of the Australian Radiation Protection and Nuclear Safety Agency, Radiation Protection Standard, 2002 Maximum Exposure Levels to Radio Frequency Fields – 3 kHz to 300 GHz. This certificate is to be submitted to Council for consideration within three (3) months of the tower becoming operational.

4.4 Decommissioning and Site Rehabilitation

If the use is abandoned, the site must be rehabilitated to a level that achieves the following: (i) The monopole and associated infrastructure is removed from the site; and (ii) The site is made suitable for other uses compatible with the locality; and (iii) Restores the visual amenity of the site.


(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.deh.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.derm.qld.gov.au

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

Development Permit for Building Work

(G) OTHER APPROVALS REQUIRED FROM COUNCIL

Nil

THE SITE

The subject site is situated approximately two kilometres south-west of the Tinaroo Township at the end of Lookout Road, and is described as Lot 484 on NR6334, Parish of Barron, County of Nares. The subject site is irregularly shaped with an overall area of 1.058 hectares and is situated within the Rural (Where Not GQAL) Planning Area under the Atherton Shire Planning Scheme.

http://www.deh.gov.au/�

http://www.derm.qld.gov.au/�


The site is accessed from Lookout Road, Tinaroo which ends on the subject site at a scenic lookout established on the eastern end of the lot. Lookout Road branches off the State controlled Tinaroo Falls Dam Road and is constructed to a bitumen sealed standard for the majority of its length, with the lookout cul-de-sac being a mix of bitumen and gravel seal. The site is a State Reserve for Local Government (scenic and water supply purposes) with Tablelands Regional Council as Trustee over the Reserve. The site currently accommodates a scenic lookout as mentioned above, Council's water storage reservoirs for the Tinaroo Township, and other small scale telecommunications infrastructure. The majority of the site is covered in Remnant Vegetation of Least Concern Regional Ecosystem with the exception of those portions of the lot cleared and grassed around the water reservoir as well as the scenic lookout area. The proposed telecommunications facility will be sited in an already cleared section of the site adjacent the main water reservoir. All surrounding allotments are situated within the Rural (Where not GQAL) Planning Area. The nearest dwellings are located approximately 400m to west and south-east of the site of across undulating terrain.



PREVIOUS APPLICATIONS & APPROVALS Originally the Applicants lodged the application over the subject site on 13 August 2012. The application was however determined to be 'not properly made' at the time of lodgement as the Applicants had not obtained a resource entitlement from DNRM. Due to the lengthy timeframes involved in obtaining resource entitlement, on 20 August 2012 the Applicants requested that the development application be withdrawn. The application was withdrawn in anticipation of changes to the Sustainable Planning Act 2009 that would remove the requirement for the application to be accompanied by resource entitlement from DNRM. Following reforms to the Sustainable Planning Act 2009 in November 2012, a resource entitlement is no longer required in order to lodge a development application for development on a State resource (Reserve) and the application was resubmitted on 3 April 2013. In accordance with the current legislative requirements, the new application is only required to be accompanied by owner's consent from DNRM. The owner's consent was obtained by the Applicants on 18 September 2013 (Attachment 3). DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Telecommunication Facilities (Fixed Wireless Facility) in accordance with the plans shown in Attachment 1. NBN Co Limited, on behalf of Ericsson, propose to construct a new fixed wireless broadband facility consisting of a 40 metre high slimline monopole with a circular headframe located at the top


of the monopole accommodating three (3) panel antennas (1180mm x 300mm x 115mm). Three (3) parabolic dish antennas will also be installed on the tower at elevations of 25, 32 and 35 metres. All electronic equipment will be housed in a single 7.5m2 outdoor cabinet located on a concrete slab in proximity to the base of the tower. Other ancillary equipment associated with the operation of the facility includes cable trays, cabling, safe access methods, bird proofing, earthing, electrical works and air-conditioning equipment. All infrastructures will be located within the 100m2 compound, surrounded by a 2.4 metre high wire mesh security fence. Access to the proposed facility will be gained via a 90 metre long access track branching off Lookout Road which ends on the subject site at the scenic lookout situated on the western end of the site. The proposed facility will provide high speed wireless broadband coverage to the Tinaroo area and will serve as a key communications receiving point for other NBN fixed wireless broadband stations in the wider Tableland Region. REGIONAL PLAN DESIGNATION

The subject site is included within the 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 PLANNING SCHEME DESIGNATIONS

Planning Scheme Definitions The proposed use is defined as:-

Telecommunication Facilities - Any premises used for purposes of extending telecommunication services throughout the Shire whether or not the operator is a public sector entity or a private sector entity. The term includes excludes low impact facilities excluded under the provisions of the Telecommunications Act 1997.

RELEVENT PLANNING INSTRUMENTS 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.

Structure Plan designation: Rural

Planning Areas: Rural (Where Not GQAL)

Lake Tinaroo Declared Catchment Area:

Yes



(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 (Lapsed 18 December 2013).

(ii) The following State Planning Polices are not reflected in the planning scheme and are applicable in the assessment of this application:

DRO 6.5 Information Communication Technology Land Use Policy Complies Comments

6.5A Access to reliable and robust high

speed telecommunications is facilitated throughout FNQ.

The proposed development will establish and improve broadband internet capabilities throughout the Tinaroo area and broader Tablelands region.


SPP 4/10

Healthy Waters N/A The proposed development is for an unmanned, remotely operated telecommunications facility which will not create any solid or liquid wastes or result in any significant increase in stormwater discharge from the site. Assessment against the SPP is therefore not required.


N/A The SPP generally aims to protect SCL from developments that lead to permanent impacts or diminished productivity. The subject site is not identified as containing SCL or Potential SCL. Assessment against the SPP is therefore not required.

Temp SPP2/12

Planning for Prosperity N/A 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:


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



(c) Atherton Shire Planning Scheme 2002 (amended December 2004)

Relevant Desired Environmental Outcomes

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)

Complies

DEO 5 – Infrastructure Complies Comments Infrastructure is delivered and maintained in an efficient, cost effective and equitable manner through:

(i) the coordination between infrastructure services, land use planning and economic development activities;

(ii) the timely and efficient delivery of development infrastructure to urban and rural residential areas, so that the community is not subsidising development either directly or indirectly;

(iii) encouraging consolidation of development in the existing urban areas and villages to make better use of existing physical and social infrastructure;

(iv) consolidating the highest level of social infrastructure within Atherton as the regional centre for the Atherton Tablelands;

(v) identifying and realising opportunities for appropriate forms of public transport to service the community;

(vi) encouraging the use of cycling and walking and providing cycleway and footpath networks;

(vii) adopting efficient and sustainable systems for waste management and stormwater management;

(viii) protecting major infrastructure items such as the water reticulation system from the Tinaroo Dam to the Mareeba-Dimbulah Irrigation Area and major transport facilities including roads and rail networks; and

(ix) taking into account environmental, natural resource and social considerations in infrastructure planning, design, construction and operation.

Complies


Relevant Development Codes

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

Part C 4.5 Community Activities Code

4.5.1 General Community Activities Codes Part C 4.12 Car Parking and Vehicular Movement Code Part C 4.13 Codes for Development within the Declared Catchment Area of Lake Tinaroo

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.

(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

The proposed facility will be accessed via a 90 metre long (approx) internal access road located adjacent the sites northern property boundary. The proposed access track branches off Lookout Road which ends on the subject site at the scenic lookout situated on the western end of the site. This proposed method of access is considered sufficient to cater for the construction of the development and infrequent maintenance vehicles (1-2 maintenance vehicles per annum). The proposed access road will allow vehicles to enter and leave the site in a forward gear.

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

Relevant Codes Comments General Community Activities Code

The application complies with applicable acceptable/probable solutions/performance criteria apart from the following:

Element (ii) - Acceptable Solution A1.1

Refer to planning discussion section of report. Car Parking and Vehicular Movement Code

It is considered the proposed development can satisfy the overall purpose of the Car Parking and Vehicular Movement Code

Refer to planning discussion section of report. Code for Development within the Declared Catchment Area of Lake Tinaroo

It is considered the proposed development can satisfy the overall purpose of the Code for Development within the Declared Catchment Area of Lake Tinaroo.

Refer to planning discussion section of report.


standard requiring upgrades to keep pace with development pressures in the locality. In this instance the Principal Road Access, Lookout Road, is constructed to an appropriate standard and therefore no charge is applicable.

(f) Adopted Infrastructure Charges Notice Not applicable to the application. 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 Development Engineering - Access PUBLIC NOTIFICATION The development proposal was placed on public notification from 14 May 2013 to 7 June 2013. The Applicant submitted the notice of compliance on 11 June 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 from the Department of Natural Resources and Mines (DNRM) dated 28 May 2013 (Attachment 2). The submission objected to the proposed development for the following reasons:

At the time of making the submission, NBN Co Limited had not made application to the Department for owner's consent; and

The application lacks appropriate tenure in the form of a trustee lease. Comment In a letter dated 18 September 2013, DNRM provided owner's consent for the application (Attachment 3). Also, the Department has provided "In Principle" approval for both the Land Management Plan and the Trustee Lease. In an email dated 23 September 2013 (Attachment 4), the Department of Natural Resources and Mines confirmed that they have no objection to Council assessing the application.

Submitters

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

Name of principal submitter Address 1. Department of Natural Resources &

Mines - Cairns Office PO Box 5318 Townsville QLD 4810 - (07) 4222 5427


4.5 Community Activities Code Element (ii) Building Scale & Appearance P1 The built form of community activities:

Respects the desired character and amenity of the locality as expressed in the relevant District Plan and Planning Area intent

Maintains a human scale, is compatible with development in the area and positively contributes to the streetscape.

A1.1 Buildings do not exceed 3 storeys in height.

Comment The proposed development will involve the construction of a 40 metre high slimline monopole and is thus non-compliant with Element (ii) A1.1, as stated above. The proposed height of the slimline monopole is considered necessary to achieve the desired level of coverage and alignment with other NBN Facilities in the broader Tablelands region. The proposed facility will be of a slimline design and will be setback approximately 90 metres from Lookout Road and approximately 370 metres from the nearest dwelling. The proposed facility compound and base of tower will be screened from view from Lookout Road and nearby residences by water reservoir infrastructure and thick mature vegetation (approx 20 - 25 metre high) located on site. The proposed facility will operate unmanned on a daily basis and will not produce any solid or liquid waste, dust or significant noise. Furthermore, conditions have been attached requiring the Applicant/Developer to paint the monopole tower a 'pale eucalypt' colour to form an effective visual blend with the surrounding environment. Based on this, the proposed development is not likely to significantly impact on any adjoining properties, road users or the area's rural and rural residential character. It is considered the proposed development can satisfy Element (ii) P1. 4.12 Car Parking and Vehicular Movement Code Purpose

The purpose of this code is to ensure that: Land uses have a sufficient number of car parking spaces designed in a manner to meet

the requirements of the intended users. The number of spaces provided does not impact upon the efficient functioning of the

street network and area in which the development is located Vehicles can access and move within a site in a safe and convenient manner.

Comment The proposed development does not include the construction of any formal car parking facilities. Furthermore, the Car Parking and Vehicular Movement Code does not specify a minimum car parking acceptable solution for 'Telecommunication Facilities'.


The proposed facility will be accessed via a 90 metre long (approx) internal access track located adjacent the sites northern property boundary. The proposed access track branches off Lookout Road which ends on the subject site at the scenic lookout situated on the eastern end of the site. The proposed facility will be remotely operated and unmanned. Once operational and integrated into the broader NBN, the facility will require only annual or bi-annual maintenance inspections. Informal vehicle standing areas will be available on the proposed access track and surrounding the facility compound. The proposed method of access and informal parking arrangements are considered sufficient to cater for both the construction of the facility and infrequent maintenance vehicles associated with the ongoing operation of the facility. The proposed access track will allow vehicles to enter and leave the site in a forward gear. It is considered the proposed development can satisfy the overall purpose of the Car Parking and Vehicular Movement Code. 4.13 Codes for Development within the Declared Catchment Area of Lake Tinaroo Purpose

The Purpose of this Code is to manage the impacts of development in the Declared Catchment Area and to seek to ensure that new development does not detrimentally affect the water quality of Lake Tinaroo.

Comment The proposed telecommunications facility will be remotely operated and unmanned. The proposed facility will not produce any solid or liquid waste, odours, dust or significant noise and will not result in any notable increase in stormwater discharge from the subject site. As such, the proposed development is not likely to detrimentally impact on the water quality of Lake Tinaroo or its catchment waterways. It is considered the proposed development can satisfy the overall purpose of the code. Date Prepared: 17 September 2013


ATTACHMENT 1 APPROVED PLANS (DWS VS 3243033)


ATTACHMENT 2


ATTACHMENT 3


ATTACHMENT 4


CORPORATE PLANNING, PERFORMANCE & RISK

ITEM-5 TOLGA STATE SCHOOL - PARKING IMPROVEMENTS DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 5 October 2013 REPORT AUTHOR/ OFFICER’S TITLE: John Breen, Senior Advisor Infrastructure and Planning DEPARTMENT: Planning and Development EXECUTIVE SUMMARY

Council received a petition from parents of pupils attending Tolga State School about improving parking near the school and also requesting a pathway fronting the school in Catherine Street. The subject footpath was approved as part of Council's 2013/14 works program and is expected to be completed prior to the commencement of the 2014 school year. Alterations to the short term parking are as recommended below. Additional sealing of centre median parking in Main Street has also been listed on the Project Prioritisation Tool (PPT) for future Council consideration.


"That Council:

1. Approve the proposed alterations to the short term parking zone in Catherine Street outside the Tolga State School from 7 bays to four between 8.30 & 9.30 and 2.30 & 3.30, and for the time to be increased to 10 minutes as indicated in attachment 1.

2. advise the principal petitioner and the School Principal that:

A concrete footpath will be constructed along the Catherine Street frontage of the school with expected completion prior to the commencement of the 2014 school year.

Council will arrange to have the short duration parking bays in Catherine Street reduced to four bays of 10 minute duration between 8.30 & 9.30 and 2.30 & 3.30, and

Council will give future consideration to additional sealing of centre median parking in Main Street Tolga outside the school during future budget deliberations.

3. Advise Queensland Police Service (PO Box 256 Atherton Q 4883) of the planned changes

to the short duration parking and when it will become effective.

BACKGROUND

A petition from parents of pupils attending the Tolga State School was sent to Cr Pagani on 4 September 2013 from Cherie Mills requesting:

alterations to the existing short term parking zone, a footpath along the Catherine Street frontage of the school and Council consider other options that may provide more on street parking for future.


Footpath Council will recall that it approved the construction of a concrete path along the Catherine Street frontage of the school when it endorsed the 2013/14 works program. It is proposed to construct the footpath adjacent to the existing kerb and channel due to the steep nature of the existing grass verge and it will also facilitate access to vehicles picking up and setting down students at the school. The works have been programmed to be completed before the commencement of the 2014 school year. Short term parking The petitioners have requested that the seven existing 5 minute parallel parking bays be reduced to four with a time zone applying from 8.30 to 9.30 & 2.30 to 3.30. Although this area is outside the regulated parking area such signs are still enforced by the Queensland Police Service. The proposal is considered to be a more effective use of the parking bays and is recommended accordingly. The cost to provide two new sign plates and relocate the existing posts is estimated at $300. The school Principal, Ms Kayleen Wright, advised the writer that in her opinion the 5 minute duration parking was too short as some parents need a little more time (say 10 minutes) to bring children to the adjacent preschool section. This suggestion is also considered reasonable and is recommended. Sgt. Gordon Turner (QPS) was consulted about the requested alterations to the short term parking in Catherine St and supported the proposal. Possible future improvement to on street parking near the school Catherine Street is not wide enough to provide angle parking as suggested in the petition. However there is a centre median in Main St along the northern school boundary which has a 12m (2hr duration) section of seal at the eastern end, an adjacent 30m section of unsealed gravel pavement and approximately 80m section of grass on which vehicles are parked during the day. Council officers have included a three stage project on the Parking PPT for Council's future consideration to extend the centre median sealed area. Council Planning section has also advised that the planned residential development west of Maidment Street and north of Main Street has been conditioned to extend the median divided road further west which is expected to provide additional centre median parking opportunity in the future.

DE-AMALGAMATION ISSUES

NIL

LINK TO CORPORATE PLAN

Outcome – Connecting our Region Well connected and integrated systems and networks to support the Region’s economic base as well as provide greater mobility and improved accessibility options for the community.


CONSULTATION

Internal David Lane - Co-ordinator Technical Services Steven Hocking - Local Laws Officer Peter Pattison - Senior Planner External Kayleen Wright - Tolga School Principal Sgt Gordon Turner - Queensland Police Service

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

NIL

POLICY IMPLICATIONS

NIL

FINANCIAL & RESOURCE IMPLICATIONS

Capital NIL Operating The $300 to fund relocating and replacement of two sign plates is available from the current maintenance operating budget. Is the expenditure noted above included in the 2013/2014 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure

IMPLEMENTATION/COMMUNICATION

Should Council adopt the recommendation the following will be actioned:

STRATEGY

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.

Outcome – Regional Infrastructure Regional infrastructure networks designed, implemented and maintained to meet the Region’s current and future needs. STRATEGY

Infrastructure Maintenance

Ensure the region’s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.


The principal petitioner will be notified. The Tolga State School Principal will be notified. Queensland Police Service in Atherton will be notified. Council's maintenance section will be advised to make the necessary alterations to the parking signs.

ATTACHMENTS

1. Sketch of proposed alterations to the short duration parking in Catherine St, Tolga 2. Parents Petition

Date Prepared: 11/9/2013


ATTACHMENT 1


ATTACHMENT 2


CHIEF EXECUTIVE OFFICER

ADMINISTRATION

ITEM-6 ONE LIFE ONE CHANCE AUSSIE ROAD TRIP DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 3 October 2013 REPORT AUTHOR/ OFFICER’S TITLE: Stacey Maisel, Events Officer DEPARTMENT: Office of the Chief Executive Officer EXECUTIVE SUMMARY

Lisa Curry's "One Life One Chance" Aussie Roadtrip aims to target the biggest threat to public health in Australia and the leading cause of premature death and illness, obesity. As a public figure, motivational speaker, coach, sport and fitness expert, Lisa Curry is uniquely positioned to touch the lives of everyday Australians and inspire them to make changes. Lisa has embarked on a road trip (One Life One Chance) that began in February 2013 and has taken her through 23 regional and rural communities so far to raise awareness about Australia's challenge with obesity and related health problems. The goal is to reach 100 towns Australia wide. She is now organising the Queensland part of the road trip and the towns of Atherton and Mareeba have been ear-marked as 2 of 30 as a places of interest to visit on their way around the country. She will be on the Tablelands 22-24 November 2013.


"That Council:

1. Endorse Lisa Curry's visit to the Tablelands under the "One Life One Chance" Aussie Roadtrip;

2. Work in partnership with Atherton IGA, Lake Tinnaro Resort, Atherton Coffee Club and TRC

pool lessees for sponsorship; and 3. Allocate $3,000 Council Funds and $2,500 from the externally funded Healthy Communities

program towards the Tablelands Program of the "One Life One Chance" Aussie Roadtrip."

BACKGROUND

Council considered a report on this matter at the last Council meeting on 19 September and resolved:

Moved by Cr Linwood Seconded by Cr Pagani "That Council officers review the program, budget and core values and report back to the next meeting of Council."


CARRIED 6-2 The One Life One Chance Aussie Roadtrip is a partnership between the community and all levels of Government. So far, the One Life Roadtrip has helped raise over $25,000 for local charities. Through our local businesses they will continue to raise funds for people and organisations in need. This gives the Council a great opportunity to make a positive difference to the health and wellbeing of our community. Based on preliminary discussions there has been overwhelming community support for the project and the writer recommends the following itinerary:

The pools have advised they will not charge entry on the day.


The events are proposed across the Tablelands and will have no impact on de-amalgamation issues.

Friday 9am Atherton High School - Guest Appearance and Presentation at the formal Parade.

Friday 1pm Lions or Rotary Lunch – Lunch with a Local Charities and fitness seminar (free to public - non ticketed)

Friday 3pm Dimbulah Swimming Pool visit - Swim with Lisa Curry Saturday 9am Mareeba Swimming Club Visit - Swim with Lisa Curry Saturday 12pm Atherton Family Fun Day - Swimming Club Visit Saturday 6pm 2Hr Sportsman Motivational Workshop - Tinaroo Lake Resort

Ticketed Event targeted towards local Sportsmen and Women Invite to “Special Persons” – Winners of the Australia Day Sports

Awards, School Sports Award Winners and Local Champions (swimmers)

Discuss Sports Related topics. Finger food

Sunday 10am Mt Garnet Swimming Pool Visit - Swim with Lisa Curry Sunday 2pm Kuranda Swimming Club Visit - Swim with Lisa Curry



A Vibrant and Health 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.

Active Lifestyles Provide a diverse range of enjoyable recreation, sport and physical activity opportunities to meet the needs of an active and healthy community.

Leisure Opportunities Provide a range of recreation and leisure opportunities for the community’s relaxation and enjoyment.

Outcome - Quality of Living - A community that supports equity and inclusiveness enabling all people to participate in regional events, cultural activities and celebrations

Community Celebration Provide a supportive environment for events and activities that promote and enhance the region.

Community Partnerships Support opportunities for communities to network with one another and contribute towards improving their local areas so that the Tablelands enjoys a high degree of community cohesion.

Social Equity

Support a better quality of life for the community by ensuring equitable access to Council provided services and facilities, particularly for the aged, frail, disabled and disadvantaged members of the community.

2013/14 Operational Plan: Priority 1 - A Vibrant and Healthy Community:

4

Facilitate participation in physical activity and increase community awareness of healthy living activities within the Tablelands.

1.1.1 1.1.2 4.4.1 (c) (i) & (ii)

Healthier community with reduced incidence of heart disease.

Manager Customer & Comm Services

June 2014 'Wellbeing Tablelands'

external funding

• No of programs run • No of people

attending events and courses

• No of trained coaches

6 Continue to support community based groups, individuals and organizations who are providing programs, activities and projects that deliver significant benefit to the local community.

1.2.2 4.5.1(b) & (c)

A vibrant community that offers residents a diverse range of events and activities.

Manager Customer & Community Services

June 2014 FIKS Program

• No of applications supported • Value of support provided


CONSULTATION

Internal Ian Church, Chief Executive Officer Amanda Riches, Manager Customer and Community Services Norm Beck, Media and Communications Officer External Atherton Chamber of Commerce Atherton IGA Atherton Coffee Club Tinaroo Lake Resort Atherton and Mareeba Swimming Clubs/Lessee


N/A

POLICY IMPLICATIONS

Tablelands Regional Council - Health and Wellbeing Policy Council supports the following objectives of the Wellbeing Tablelands program: To increase people’s awareness of the importance of physical activity and healthy eating; To increase the availability of proven or innovative physical activity, healthy eating and healthy

lifestyle programs; and To increase the participation in community based programs and utilise resources currently

available.


Capital Nil Operating $2,000 - Financial and In-Kind Support Budget $1,000 - Media and Communications Budget - Promotion & Advertising $2,500 - Healthy Communities Program Budget - Externally Funded through Federal Department of Health and Ageing Sponsorship $500 - Atherton IGA $1,100 - In-kind Tinaroo Lake Resort - Venue hire $ 300 - In-Kind Atherton Coffee Club - Venue Hire $ Unknown - Pool lessee's have offered free entry for these events Is the expenditure noted above included in the 2013/2014 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure N/A



The writer will be in contact with the event organisers, sponsors and lessees of venues being utilised. A media and promotions program will ensure the public are aware of events and a targeted mail out will invite people to the Motivational Workshop.

ATTACHMENTS

1. Nil Date Prepared: 26/10/13


CORPORATE AND COMMUNITY SERVICES

CUSTOMER & COMMUNITY SERVICES

ITEM-7 FINANCIAL AND IN KIND SUPPORT - OCTOBER 2013 DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 3 October 2013 REPORT AUTHOR/ OFFICER’S TITLE: Amanda Riches, Manager Customer and Community Services DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

Council received twenty (20) applications totalling $6,574 for financial and in-kind support requiring consideration. These have been assessed in accordance with the Financial and In-Kind Support Program policy. Eighteen applications with a value of $4,488 have been processed through staff delegation; Two applications with a value of $2,086 are recommended for approval


"That Council:

1. Approve:

a. Fiks1413 Tableland Wildlife Rescue Cash Donation $2,000 One off

b. Fiks1419 Julatten Initiative Group Remittance of Fees $86 One off

BACKGROUND

CASH DONATION $2,000 FIKS1413 TABLELAND WILDLIFE RESCUE INC $2,000 Cash Donation – One off Tablelands Wildlife Rescue has applied to Council for a donation to cover purchasing of items to advertise their hotline formed in July 2013. The group are planning to educate the community and visitors how wildlife can be cared for and rehabilitated. They hope to provide education to schools and visitor centres. Funds for activities, hotline, feeding and vet care are provided by volunteers and through their fundraising. Currently they receive some support from, ADAWS which goes towards the cost of feed supplies. The donation from Council will go towards the expense of advertising supplies $2,282


2,000 brochures $473 Vinyl banner $154 Pull Up Banner $187 A Frame sign $220 1000 fridge magnets $748 Website set up $500

History – Nil

REMITTANCE OF FEES $86 FIKS1419 JULATTEN INITIATIVE GROUP INC $86 Remittance of Fees – One off Julatten Initiative Group has applied for a remittance of fees for the hall hire of Geraghty Park Hall on 19 October 2013. The group is holding a trivia night to raise funds towards the child care services and Family Support they operate in the community centre. They will provide food, entertainment, prizes as well as setting up for the event and clearing. Currently they receive $2000 ongoing cash for building maintenance and repairs and they still need to fund raise for a shortfall of $10,000 to remain operational. Due to the small population of Julatten the centre is not eligible for the full CCB rebate of 50 hours per week per child. They are a critical support organisation for Julatten and as this is only a remittance of fees for a fundraising event, Council may elect to override policy in this instance. History – Cash $2,000 Ongoing STAFF APPROVED $4,488 FIKS1377 TRAVIS WADLEY $100 Youth Achievement – One off Travis (9) is competing in Yeppoon 24-29 September 2013 in the YQ Queensland Youth Sailing championships and YQ Queensland Youth Training Camp. Travis recently competed in Italy in the Open Bic International events. The weekend 31 August/1 September 2013 Travis came 4th in the North Qld Youth Championships in Townsville. History – Nil (Cash $200 One off 2012-2013) FIKS1378 BREANNE WADLEY $100 Youth Achievement – One off Breanne (7) is competing in Yeppoon 24-29 September 2013 in the YQ Queensland Youth Sailing championships and YQ Queensland Youth Training Camp. The weekend 31 August/1 September 2013 Breanne came 9th in the North Qld Youth Championships in Townsville. History – Nil (Cash $100 One off 2012-2013) FIKS1379 KRISTEN WADLEY $100 Youth Achievement – One off Kristen (12) is competing in Yeppoon 24-29 September 2013 in the YQ Queensland Youth Sailing championships and YQ Queensland Youth Training Camp. Kristen was successful recently in Italy


maintaining her World Open title. The weekend 31 August/1 September 2013 Kristen came First in the North Qld Youth Championships in Townsville History – Nil (Cash $400 One off 2012-2013) The following three applications have been chosen to compete with the Peninsula U12 State Rugby Union Team at the championships in Goondiwindi 30 August – 1 September 2013 FIKS1387 RACHEL BRCKO $100 Youth Achievement – One off History – Nil FIKS1390 EZRA TOKARAHI $100 Youth Achievement – One off History – Nil FIKS1391 SEMISI SIKEI $100 Youth Achievement – One off History – Nil FIKS1410 ATHERTON STATE HIGH SCHOOL $225 Remittance of Fees – One off Atherton State High School has applied to Council for 15 metres of mulch towards the beautification of the high school grounds. The school would be required to collect the mulch as council does not deliver. The mulch suppresses weed growth and helps retain moisture in the garden beds. History – Cash $1,000 Year 12 student bursary & $100 towards end of year ceremony – ongoing FIKS1411 ATHERTON TABLELAND HOCKEY ASSN $400 Cash Donation – One off Atherton Tableland Hockey Association has applied for assistance with their 2013 Grand Final at their hockey fields in Loder Street Atherton 14 September 2013 and new club house. The Association has requested cash $400 to cover cost of hiring a dance floor and Lighting for the after game presentation and new club house celebration. The Hockey Association will pay $1,200 for jumping castle hire. Atherton High School will be providing a band for the event. They have also requested 60 chairs and 8 tables for the grand final day. As the applicant can collect and return the items, council will provide these at no cost but reserve the right to invoice the association for any damage. History – Cash $500 One off U15 Girls Team FIKS1412 STEPHANIE ARMSTRONG $200 Youth Achievement – One off Stephanie (11 years) has been chosen to compete in the Queensland School Sports Swimming team in Adelaide 8-14 September 2013. Stephanie competed with the Peninsula team in Brisbane


and won 2 gold, 2 silver and 1 bronze medals. From this competition Stephanie was chosen for the Queensland team. Stephanie will be in 5 individual and 3 relay events. History – Nil (Cash $100 One off 2012-2013) FIKS1422 MAREEBA NETBALL CLUB ASSOCIATION $277 Remittance of Fees – One off Mareeba Netball Association is asking for a refund of their food licence fees Food/11/004 - $277 paid on receipt number 454678. The netball club run junior fixtures each Saturday for ages between 5 and 18 years. This is a relatively new club and still in the early stages of raising funds. History – Nil FIKS1424 KURANDA RECREATION CENTRE $248 Remittance of Fees – Water Rates – Ongoing Kuranda Recreation Centre has written to Council requesting assistance with their water rates. They maintain their grass courts and oval for netball and soccer players. It is recommended that we approve the water usage $247.40 as a one of application. Transition to the new Community Policy will determine any future funding.

Rate Notice ending 31 December 2013 - $469.20 o Water Access Non Residential $221.80 o Non Residential Water Usage $247.40

Rate Notice ending 30 June 2013 - $1,059.50

o Water Access Non Residential $211.25 o Non Residential Water Usage $848.25

Financial and In-Kind Policy paragraph 6.5 says Council will consider applications for ongoing remittance of water fees by community organisations that maintain sporting grounds. FIKS1425 ATHERTON HERBERTON HISTORIC RAILWAY INC $559 Remittance of Fees – One off Atherton Herberton Historic Railway has applied for a refund of inspection fees $559 paid on receipt 449672. The fees are for a storage shed of rail equipment. Stage 2 of this project will allow further community use. The group is funding $17,000 towards construction costs of $30,000. History – 2012/2013 Cash $999 & Remittance of Fees $940 One off FIKS1421 BUTCHERS CREEK STATE SCHOOL $280 In-Kind Assistance – One off Butchers Creek State School has applied for some extra rubbish bins for the school. At this time there is no Council waste collection at the school and they arrange their own waste disposal. They have requested 2 rubbish bins and 2 recycle bins at $70 each and can collect the items themselves. History – Cash $100 ongoing end of year ceremony FIKS1427 DIMBULAH STATE SCHOOL OPTIMIND TEAM $600 Youth Achievement – One off


Dimbulah State School recently had 4 teams compete in the Regional Opti-Minds event in Cairns in August. Of these 4 teams 2 won their section and are now to travel to Brisbane for the State Finals Competition. The school has applied for youth achievement assistance for the 2 teams of 6 at $300 per team = $600. The Opti Minds event is a valuable learning opportunity for students of rural backgrounds and offers the experience to perform at a high level with independent evaluators who give constructive feedback. History – Cash $100 ongoing End of Year Ceremony FIKS1430 MALANDA COMMUNITY KINDERGARTEN $92 Remittance of Fees – One off Malanda Community Kindergarten is holding a fund raising Halloween Disco at the Malanda pavilion 25 October 2013. They have applied for a remittance of hall hire fees. History – Nil FIKS1431 ATHERTON SWIMMING CLUB INC $841 In-Kind Assistance – One off 251 Cash Donation – One off $590 Atherton Swimming Club is holding their annual carnival 4/5/6 October 2013. Previously this event has been held during the Australia Day long weekend but has been changed to fall in line with national competitions. The club has applied to council for assistance with 10 rubbish bins, 20 chairs and 6 tables. The club has also request a cash donation to cover Atherton Swimming Pool hire fees for the 3 days of the event $590 The chairs ands tables will be provided at no cost as the applicant can collect and return these items, however Council will retain the right to invoice the club for any damage or excessive cleaning that may be required. Delivery and collection of 10 rubbish bins by Council $250.80

Hire of 10 bins $198.00 Delivery & collection $52.80 Waste Disposal by Club 20 chairs & 6 tables – no cost

History – Nil FIKS1432 MILLAA MILLAA STATE SCHOOL $43

Requested $343 Remittance of Fees – One off Millaa Millaa State School is holding a Fancy Dress Ball at the Millaa Millaa RSL Hall 1 November 2013. They have applied to Council for a remittance of hall hire fees plus the bond for the hall. The ball is an annual event and supported by the local community. The application has been amended by $300 as bond money is refundable and only used to cover additional costs incurred by Council as a result of cleaning or breakages.. Bonds are not funded through the FIKS program. History – Cash $100 ongoing - End of Year Ceremony


FIKS1433 MALANDA STATE HIGH SCHOOL $123 Remittance of Fees – One off The Malanda State High School year 12 graduation dinner dance is to be held at the Malanda Pavilion 15 November 2013. The school has applied for a remittance of hall hire fees for the event. History – Cash $1,000 year 12 student bursary & Cash $100 end of year ceremony- ongoing THANK YOU LETTERS RECEIVED Mareeba Multicultural Festival Certificate of Appreciation received from the Festival for support of the 15th Multicultural

Festival. Emily & Georgia Stark Thank you to Council for assistance with the hall hire fees. Their book sale raised $2,500. Atherton Junior Soccer Club Thank you to Council for assistance with new rubbish bins for their playing grounds Daniel Dilger Thank you to Council for donation towards the 2013 State Honours Ensemble Program Far North Queensland Hospital Foundation A letter received saying very grateful to Council for cash donation from Council. SUMMARY OF APPLICATIONS


A Vibrant and Healthy Community: 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.

Type of Assistance Amount ($s)

Approve 2,086

Not Approve

Staff Approve 4,488

Total 6,574

2012/2013 Financial & In-Kind Support Budget $350,000

Funds Committed as Ongoing Applications (Includes $21,972 rates) 177,587

Funds Approved to date 2012/2013 One off 61,656

Balance Available for Distribution 2012/2013 110,757

Recommended Approvals this round 2,086

Funds Available for Allocation if Recommendations are Approved 108,671


A community that supports equity and inclusiveness enabling all people to participate in regional events, cultural activities and celebrations. CONSULTATION

Internal Matthew Hyde, General Manager Corporate & Community Services Amanda Riches, Manager Customers & Community Services Group. Shane Bisseker, Co-ordinator Parks & Gardens Tony Alston, Co-ordinator Stores Judy Burness, Coordinator Community Services LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

Nil POLICY IMPLICATIONS

In accordance with the Financial and In-Kind Support Program Policy and Guidelines FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating As per the Financial and In-Kind Support Program budget Is the expenditure noted above included in the 2012/2013 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION

Nil Date Prepared: 26 September 2013


PLANT & FACILITIES

ITEM-8 TTRC2013-49 SALE OF COMMERCIAL VEHICLES CONFIDENTIAL

REASON FOR CONFIDENTIALITY

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

(e) contracts proposed to be made by Council.


ITEM-9 OFFER ON 8 LOTS MAREEBA INDUSTRIAL ESTATE - SIBI GIRGENTI REAL ESTATE CONFIDENTIAL

REASON FOR CONFIDENTIALITY

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

(e) contracts proposed to be made by Council.


CORPORATE

ITEM-10 TRAVEL AND ACCOMMODATION POLICY DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 3 October 2013 REPORT AUTHOR/ OFFICER’S TITLE: Matt Hyde, General Manager Corporate and Community Services DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

Council staff have developed a Travel and Accommodation Policy to define equitable access when attending Council business events out of town and to reduce the risk associated with Council's reputation in the spending of public monies.


"That Council adopt the Travel and Accommodation Policy as attached in Appendix A."

BACKGROUND

The purpose of the policy is to: set out the ways in which bona fide travel and accommodation expenses incurred by

elected members and officers in the performance of official duties will be reimbursed or paid by Council;

ensure that there is accountability and transparency in the reimbursement of expenses incurred or to be incurred by councillors and officers;

ensure that the facilities provided to assist councillors and officers to carry out their duties are reasonable.


The Policy will become the policy of the two new Shires on 1 January and may need minor modification to suit the organisational structure.



CONSULTATION

Internal Councillors CEO General Managers Managers External Nil


N/A

POLICY IMPLICATIONS

If adopted this document will become a new Policy of Council


Capital Nil Operating As budgeted - no anticipated change. Is the expenditure noted above included in the 2013/2014 budget? N/A

A Well Managed Region Outcome - Accountable Leadership

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

People Management

Ensure the organisation’s workforce reflects Council’s values and is provided the support and development necessary to achieve job satisfaction and deliver quality and innovative services to all customers, and ensure that the health and safety of all employees is protected through the implementation of SafePlan as Council’s Workplace Health and Safety Management System


If not you must recommend how the budget can be amended to accommodate the expenditure N/A


If adopted the policy will be circulated to all staff and Councillors and available for public perusal on Council's website

ATTACHMENTS

1. Travel and Accommodation Policy - DWS # 2857739 Date Prepared: 23 09 2013


APPENDIX A


INFRASTRUCTURE AND MAINTENANCE SERVICES

CONSTRUCTION & MAINTENANCE

ITEM-11 NDRRA 2013 PROGRAMME OF RESTORATION WORKS - SEPTEMBER 2013 PROGRESS REPORT


MEETING: Ordinary Meeting MEETING DATE: 3 October 2013 REPORT AUTHOR/ OFFICER’S TITLE: Trevor Adil, General Manager Infrastructure and Maintenance

Services DEPARTMENT: Infrastructure and Maintenance Services EXECUTIVE SUMMARY

Council has lodged grant funding submissions to the Queensland Reconstruction Authority under the 2013 declared NDRRA event for the restoration of essential public assets. To date submissions totalling $8,457,303.00 have been submitted. The total value of submissions to be lodged is estimated at $9.14M. No approvals for the programme of work have been received from the Authority.


"That Council receive and note the NDRRA 2013 Programme of Restoration Work - September 2013 Progress Report."

BACKGROUND

Council has submitted grant funding applications to the Queensland Reconstruction Authority for support to undertake works to restore essential public assets damaged as a consequence of the 2013 NDRRA declared event. To date three (3) submissions have been lodged under this event The total value of submissions lodged is $8,457,303.00. One (1) further submission is in preparation with the total of the grant applications estimated to be $9.14M. No approvals have been received to date from the Queensland Reconstruction Authority. Betterment submissions have been lodged for projects on the following roads:

Boar Pocket Road, Yungaburra Leadingham Creek Road, Dimbulah Ootann Road Causeway at Sandy Tate River


Sutties Gap Road, Millaa Millaa The Queensland Reconstruction Authority has recently approved the Betterment Submission for Boar Pocket Road. A culvert is to be upgraded to accommodate stormwater flows. Council has recently accepted tenders for this work. The site on Leadingham Creek Road is adjacent to the bridge over the Walsh River. The site on Ootann Road involves concrete capping of the land bridge between the two (2) concrete causeways on the Sandy Tate River. The site on Sutties Gap Road is an unstable road embankment that requires soil nailing and work to prevent further slumping of the fill embankment.


Council assets affected in the declared disaster event of 2013 are being submitted for grant funding based upon the geographic location of damage sites within each of the respective local government areas of the continuing TRC and future MSC.


CONSULTATION

Internal Council officers. External Queensland Reconstruction Authority.


Nil

POLICY IMPLICATIONS

Nil

Infrastructure Design Ensure timely and co-ordinated provision of key infrastructure networks such as roads, drainage, water supply and sewerage through appropriate planning and design practices.

Infrastructure Implementation

Ensure the region’s infrastructure networks are designed, constructed and renewed to maximise their long term benefit to industry and the community.





Capital Nil Operating Nil Is the expenditure noted above included in the 2013/2014 budget? To be included in the 2013/2014 budget when approvals have been received. If not you must recommend how the budget can be amended to accommodate the expenditure Nil


Advice to residents in affected areas will be provided as approvals are received and tenders awarded.

ATTACHMENTS

Nil Date Prepared: 23 September 2013


ITEM-12 NDRRA 2012 PROGRAMME OF RESTORATION WORKS - SEPTEMBER 2013 PROGRESS REPORT


MEETING: Ordinary Meeting MEETING DATE: 3 October 2013 REPORT AUTHOR/ OFFICER’S TITLE: Trevor Adil, General Manager Infrastructure and Maintenance

Services DEPARTMENT: Infrastructure and Maintenance Services EXECUTIVE SUMMARY

Council has made submissions to the Queensland Reconstruction Authority under the 2012 declared NDRRA event for the restoration of essential public assets. To date approval has been received for $9.34M value of restoration works. The total value of submissions lodged to address damage to essential public assets under the 2012 declared event is $15.5M. Seven (7) submissions are planned to be delivered by the end of 2013. To remain eligible for grant funding the works must be completed by 30 June 2014.


"That Council receive and note the NDRRA 2012 Programme of Restoration Works - September 2013 Progress Report."

BACKGROUND

Council has submitted grant applications to the Queensland Reconstruction Authority for funding support to undertake works to restore essential public assets damaged as a consequence of the 2012 NDRRA declared event. To date, twelve (12) submissions have been lodged under this event. The total value of submissions lodged is $15,503,313.13. Approval for eight (8) of the submissions has been received to date amounting to a total value of $9,340,331.40. Of the approved submissions, the scope of works in one (1) of the submissions, Hughes Crossing over the Mitchell River, has been completed. Culvert replacement works at Thiaki Creek Road have commenced while works on the culvert at Rifle Range Road have reached the practical completion stage. Council will shortly receive reports on tenders received for:


Southern Culverts - Cockram Road - Archer Road - Grant Road - Gunnawarra Road

Southern Gravel Roads (Submission 4)

- Arthur Baillie Road - Eyre Road - River Access Road - Moomin Road - Days Road - River Terrace - Old Kaban Road

Southern Gravel Roads (Submission 6)

- Sims Road - McMaster Road - Ellie Road - Carrick Road - Perrot Road - Harris Road - Dixon Hill Road - Binnie Road


Every effort will be made to deliver as much of the programme of work before 31 December 2013. However, it is intended that with approvals still outstanding, works will continue into 2014. The Queensland Reconstruction Authority has been advised that works located in the local government area of the Mareeba Shire to be reconstituted, not complete by 31 December 2013, will be administered by Tablelands Regional Council to completion.


CONSULTATION

Internal Council officers.

Infrastructure Design Ensure timely and co-ordinated provision of key infrastructure networks such as roads, drainage, water supply and sewerage through appropriate planning and design practices.

Infrastructure Implementation

Ensure the region’s infrastructure networks are designed, constructed and renewed to maximise their long term benefit to industry and the community.




External Queensland Reconstruction Authority.


Nil.

POLICY IMPLICATIONS

Nil.


Capital Nil. Operating Nil. Is the expenditure noted above included in the 2013/2014 budget? Included in the 2013/2014 budget under the 2012 NDRRA Program. If not you must recommend how the budget can be amended to accommodate the expenditure Nil.


Advice to residents in affected areas will be provided as tenders are approved.

ATTACHMENTS

Nil. Date Prepared: 23 September 2013


APPENDIX - NOTED CORRESPONDENCE ITEM-13 NOTED CORRESPONDENCE - 3 OCTOBER 2013 DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 3 October 2013 REPORT AUTHOR/ OFFICER’S TITLE: Ian Church, Chief Executive Officer DEPARTMENT: Office of the Chief Executive Officer


Resolved "That the following correspondence be noted: 1. Minister for State Development, Infrastructure & Planning advises that TRC may adopt the

proposed planning scheme amendment subject to the enclosed condition regarding Wind Farms - Mareeba Shire Planning Scheme 2004

2. Hon David Crisafulli MP submits additional information requested - constitutional recognition

of local government 3. LGAQ encloses copy of the printed CDEI Case Study publication 4. General Director Andrew Chesterman from Dept of Environment & Heritage Protection

advises he will be leaving from his role and his new role will be head of public service commissioner - Jon Black will be taking over as Director-General EHP

5. Dept of Transport and Main Roads responds to David Sims request for pedestrian crossing

and reduction of speed limit on Grace Street Herberton - request has been reviewed & advise changes are not warranted at this time

6. Mark McArdle MP for Energy and Water Supply replies to Council concerns regarding

proposed increase to charges for high priority water contracts - Advise Sunwater intends to hold any contract price negotiated with TRC

7. LAWMAC Draft minutes - Aug 2013 AGM & General Meeting 8. Department of Tourism, Major Events, Small Business and the Commonwealth Games

submits information on the next generation tourism planning draft as part of the state planning police SPP

9. Tourism Kuranda Advisory Committee - 17 September 2013


ATTACHMENTS

As listed above. Date Prepared: 23 September 2013


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ATTACHMENT 9

agenda mareeba 3 october 2013

Documents

lots lot

roads lot

lot subdivision

mareeba council chambers

wireless facility lot

balance rural lot

senior council officers

regional planning development