cairns city council ordinary meeting 27 february …...i cairns city council ordinary meeting 27...

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CAIRNS CITY COUNCIL

ORDINARY MEETING

27 FEBRUARY 2003

TABLE OF CONTENTS

1. APPLICATION FOR PERMIT TO OCCUPY OVER AN AREA OF ROAD ADJOINING LOT 3 ON RP745338, TRINITY PARK – APPLICANT: MELCAZA PTY LTD (CARLO VAN SMOORENBURG) ........................................1

Allan Simpson : 19/3/3-43: #578436

2. PROPOSED LOCAL LAW: CONTROL OF POSSESSION AND CONSUMPTION OF INTOXICATING LIQUOR IN PUBLIC PLACES. ..................8

Linda Kirchner: 1/11/3-03 #594447.

3. CAIRNS INTEGRATED PUBLIC TRANSPORT STUDY......................................18 Joan Crawford : 8/20/1-76: #594102

4. 5 YEAR CAPITAL WORKS PROGRAM DEVELOPMENT - STRUCTURE.........24 Sandra Burke: 1/58/9-05 #581744v1

5. FEE FOR BUILDING COMPLIANCE NOTICE ISSUED UNDER THE RESIDENTIAL SERVICE (ACCREDITATION) ACT ............................................31

Laurie Phipps : 1/58/7.03: #594272

6. GUIDELINE FOR CONTRIBUTION IN LIEU FOR LANDSCAPING IN THE INNER CITY – AMENDMENT OF GUIDELINE ....................................................33

Jenny Elphinstone: 8/20/1-77: #591801

7. INFORMATION REQUEST FROM THE DEPARTMENT OF TOURISM, RACING AND FAIR TRADING – LIQUOR LICENSING DIVISION – FOR AN ON PREMISES (MEALS) LICENCE– SHOP 12 / 53-57 THE ESPLANADE, CAIRNS CITY ...............................................................................36

Kym Watton: 8/20/6-01 : #591524

8. RELAXATION OF PLANNING SCHEME PROVISION – LOT 1 ON RP727871, 2 EVANS STREET, YORKEYS KNOB..............................................42

Neil Blamey: 8/20/1-76 : #587692

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9. RECONFIGURING A LOT – 2 LOTS INTO 26 RESIDENTIAL LOTS PLUS EXISTING FARM LOT AND 2 BALANCE LOTS (STAGE 14) – LOT 795 AND 796 RAMSEY DRIVE, KANIMBLA ...............................................53

Anna Cronin: 8/13/556-01: #585866

10. RECONFIGURING A LOT – 1 LOT INTO 18 RESIDENTIAL LOTS – MADIGANS DRIVE, MOUNT SHERIDAN............................................................63

Neil Beck : 8/13/567-01 : #592353

11. RECONFIGURATION OF A LOT (ONE LOT INTO 8 LOTS) – 49-63 WILLIAMS ESPLANADE, PALM COVE. .............................................................73

Jenny Elphinstone: 8/13/504: #498585

12. MATERIAL CHANGE OF USE – (IMPACT ASSESSMENT) – PRELIMINARY APPROVAL TO FACILITATE DEVELOPMENT IN THE COMMERCIAL ZONE – 413-415 MULGRAVE ROAD, BUNGALOW...........................................81

Anna Cronin: 8/8/425-01: #573414

13. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – INDOOR ENTERTAINMENT (ICE SKATING RINK) – 43 – 47 ANDERSON STREET, MANUNDA............................................................................................................89

Allisen Wright: 8/8/430: #593999

14. MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – ANIMAL HUSBANDRY (GENERAL) – POOLWOOD ROAD, KEWARRA BEACH.........101

Neil Beck: 8/8/424-01 : #590074

15. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – DUAL OCCUPANCY – 14 ALBATROSS STREET, KEWARRA BEACH.....................106

Allisen Wright: 8/8/415-01: #593740

16. MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – ACCOMMODATION UNITS – 106 MCLEOD STREET, CAIRNS CITY .............119

Jenny Elphinstone: 8/8/417-01: #591930

17. APPLICATION TO CLOSE WALKWAY (PART OF ROAD) BETWEEN 86 AND 88 SHANNON DRIVE, BAYVIEW HEIGHTS – APPLICANT: B. FLEISCHFRESSER............................................................................................136

Karen Hilton : 19/3/3-42: #564229

18. CITY DEVELOPMENT – JANUARY 2003 MONTHLY REPORT .......................141 Peter Tabulo 1/3/83: #584700

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19. STATE GOVERNMENT POLICY: SECONDARY USE OF TRUST LAND ........142 Linda Kirchner: 19/3/3-43: #594872

20. REGIONAL ARTS DEVELOPMENT FUND FOR THE 2003/2004 FINANCIAL YEAR..............................................................................................142

Elizabeth V. Brown : 10/25/1-03: #583755

21. ESPLANADE LOCAL LAW 2003.......................................................................142 Graham Busby:vk : 1/11/3-03: #594882

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ORDINARY MEETING

27 FEBRUARY 2003

1 APPLICATION FOR PERMIT TO OCCUPY OVER AN AREA OF ROAD ADJOINING LOT 3 ON RP745338, TRINITY PARK – APPLICANT: MELCAZA PTY LTD (CARLO VAN SMOORENBURG) Allan Simpson : 19/3/3-43: #578436

RECOMMENDATION: That Council advise the Department of Natural Resources & Mines that it has no objection to the issue of a Permit to Occupy to Melcaza Pty Ltd (C. Van Smoorenburg), over an area of road adjoining Lot 3 on RP745338, subject to:

• The Permit expiry date being the 30th June 2005 in accordance with the existing Commercial Recreation Activity Permit issued by Council;

• The area of the Permit only being over an area encompassing the existing

kiosk, caretaker’s caravan and a suitable area to allow for the parking of vehicles associated with the Commercial Recreation Activity approval; and

• A kiosk facility on the site is permitted for ‘the supply of light refreshments

to patrons of the premises’ only. The use is ancillary use to a Park and does not require approval from Council. The sale of hot foods is permitted within a kiosk, subject to it only being for the supply of patrons of the recreation uses associated with the recreation permit.

INTRODUCTION: The Department of Natural Resources & Mines is seeking Council’s views regarding an application for a Permit to Occupy by Melcaza Pty Ltd (Carlo Van Smoorenberg) over an area of road adjoining Lot 3 on RP745338, Trinity Park.

BACKGROUND: Melcaza Pty Ltd currently holds an approval to conduct a Commercial Recreation Activity under Local Law 27 (Commercial Recreation Activities) from the site. The Permit includes an existing kiosk and caretaker’s caravan. In order to formalise tenure for the kiosk/caravan the applicant has had to apply for approval from the Department of Natural Resources and Mines as the subject land is Crown. The current Commercial Recreation Permit approval is until 30th June 2005.

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COMMENT: Infrastructure Management Infrastructure Management agrees to a Permit to Occupy for the applicant until such time that the Council decides to develop this area in accordance with the Marlin Coast Master Landscape Plan. The Plan provides for car parking and other facilities. Precincts & Facilities Melcaza Pty Ltd (Carlo Van Smoorenburg) currently holds an approval to conduct a commercial recreation activity under Local Law 27 (Commercial Recreation Activities). This approval includes the kiosk and caretaker’s caravan, which are situated on the road reserve in accordance with the Permit to Occupy application. The existing approval extends until 30th June 2005. It would not be appropriate for any Permit to Occupy to be issued for a period longer than the approval under Local Law 27(Commercial Recreation Activities). Should the Permit to Occupy be granted subject to the existence of an authority under Local Law 27 (Commercial Recreation Activities), and should only be over the area of the existing kiosk, caretaker’s caravan and include a suitable area for parking of vehicles associated with the permitted activities, then we would have no objections. Cairns City Council is currently discussing with Mr Carlo Van Smoorenburg his ideas for the development of the area in question, as well as the adjoining beach reserve. Council has also received a request from the adjoining owner of Lot 3 on RP745338 requesting that once the existing Commercial Recreation Permit (Melcaza Pty Ltd) has expired that it not be renewed, as it is intended that such use be incorporated into the proposed retail area (copy of letter from C & B attached). Project Services Project Services has neither comment nor requirements. City Assessment The applicant has indicated that in addition to the existing hire facility, the site would be developed into a ‘water sports centre’, over the next few years. City Assessment is not in a position to support a development of this scale at this time. In particular, it is desirable that the future development of the subject area and adjoining land be considered in a holistic approach. Accordingly it is recommended that:

• The Permit to Occupy be issued only to 30th June 2005, in accordance with the Council issued Commercial Recreation Activity permit; and

• The Permit to Occupy should be issued only over the area that is currently

utilised by the activity, rather than the entire site.

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At this stage the larger scale water sports centre development is considered to be premature and any future expansion should be considered in light of the other uses that are proposed for the area. In this regard, the owner of the adjoining allotment described as Lot 3 on RP745338 and zoned Residential 3, has made a pre-lodgement enquiry to Council regarding the future development of the site (Lot 3) for Multiple Dwellings, Accommodation Units, Motel, Restaurants and Retail. The retail component envisages facilities to service the community as well as the development, and may be a preferable location for the kiosk facility. It is noted that the proposed water sports centre would require planning approval, Beach Protection Authority approval and would also require additional Council approval under Local Law No. 27, Commercial Recreation Activities. It is the Council officer’s opinion that in the immediate term it is desirable that the activities in the subject area are kept low key and that the applicant be encouraged to reduce the scale of the activities to a trailer that can be removed each day, rather than continuing to use or expand the current enclosure. The reduced approach would be consistent with other recreational permits that Council issues, and is in keeping with Council’s strategy in relation to recreation permits. However, this could only be achieved at such time a new/revised Commercial Recreation Activity permit is issued. In addition to the above, please note the following:

• The proposed area to occupy is zoned Open Space in the Planning Scheme for the Balance of the City of Cairns and is designated Urban Preferred Dominant Land Use in the Strategic Plan.

• A kiosk facility ‘only for the supply of light refreshments to patrons on the

premises’ is an ancillary use to a Park, which is self-assessable development in the Open Space zone and does not require approval from Council. The sale of hot foods is permitted within a kiosk, subject to it only being for the supply of patrons of the recreation uses associated with the recreation permit. Based on discussions held with the applicant, it is his intention to sell hot food to the broader community. This is not in accordance with the Planning Scheme and is not supported

CONSIDERATIONS: Statutory: As the subject area is road, Department of Natural Resources & Mines would undertake any dealing in accordance with the requirements of the Land Act 1994.

CONSULTATION: As per comments section of this report.

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OPTIONS: 1. That Council advise Department of Natural Resources & Mines that it has no

objection to the issue of a Permit to Occupy to Melcaza Pty Ltd (C. Van Smoorenburg), over an area of road adjoining Lot 3 on RP745338, subject to the Permit expiry date being the 30th June 2005.

2. That Council advise Department of Natural Resources & Mines that it does not

support the issue of a Permit to Occupy over the whole of the area as applied for, but only supports the issue of a Permit over the area currently occupied by the kiosk ,caretaker’s caravan and a suitable area to allow for the parking of vehicles associated with the Commercial Recreation Activity permit, to the 30th June 2005.

CONCLUSION: That Council concur with the recommendation subject of this report.

ATTACHMENTS:

• Letter from Department of Natural Resources & Mines, including plan of subject area.

• Letter from C&B Group requesting Council not renew the existing permit over the area.

Allan Simpson Administration Officer Linda Kirchner Manager Legal & Administration Jo-Anne Scarini General Manager Corporate Services

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ORDINARY MEETING

27 FEBRUARY 2003

2 PROPOSED LOCAL LAW: CONTROL OF POSSESSION AND CONSUMPTION OF INTOXICATING LIQUOR IN PUBLIC PLACES. Linda Kirchner: 1/11/3-03 #594447.

RECOMMENDATION: That Council defer action on this Local Law for a period of six months.

INTRODUCTION: Council, at the Finance and Administration Committee meeting in September 2002 resolved to make Control of Possession and Consumption of Intoxicating Liquor in Public Places Local Law 2002.

BACKGROUND: That draft Local Law has now been reviewed by the Minister for Local Government and Planning. The Minister has advised Council of the Schedule of Conditions which must be adhered to, if Council wishes to proceed to make this Local Law (see attachment 1). Whilst some of the conditions are purely administrative changes, two have been discussed in detail by officers:

• Point 7 - where will the offender be moved to? • Point 11 - requirement for additional consultation with relevant stakeholders.

Whilst these conditions can be addressed, officers draw to Council’s attention recent changes to the Police Powers and Responsibilities Act 2000. These changes were legislated in mid November 2002 and in effect give the police the power that Council is seeking to achieve under the local law. Officers are now questioning the need for this Local Law, and the associated allocation of resources for enforcement, if this is now the responsibility of the Police. It is noted that the Police are specifically trained in handling “difficult” persons and that considerable additional training may be required to enable Council officers to undertake this work.

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The dilemma for Council is:

• Will the Police have sufficient resources in Cairns to achieve the outcome that council is seeking?

• If Council proceeds with the draft Local Law, this will not contravene the Act but it will give the police an excuse not to meet community expectations (ie Council can do it).

• If Council resolves to amend the draft Local Law, and remove the enforcement mechanisms, there is really no point in having the local law. Under Section 173 (c) of the Liquor Act, Council can designate public places as "wet areas" and specify the period or times during which designation is to have effect. Under s173 (d) Council must advertise the designation in the paper and erect signs but if it is no longer than 1 day then there if no requirement to advertise. There is no consultation required.

COMMENT: It is recommended that Council consider deferring action on this draft Local Law for a period of six months, so that an assessment can be made by the Community Safety Officer of the need for a the draft Local Law given the new police powers. Should Council resolve to defer progressing this Local Law, it is appropriate that the Minister be informed of this decision.

CONSIDERATIONS: Statutory: All actions with respect to Local Laws are undertaken in accordance with the Local Government Act 1993 requirements. Policy: The proposed action is in accordance with the Corporate Plan objective of providing customers and the community access to open, accountable decision making in a consistent and congruent manner. Financial: Substantial staff resources may be required to achieve the local law objectives. Social: These actions are designed to ensure the community’s right and safety is preserved and protected.

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CONSULTATION: Additional targeted consultation would be undertaken should Council resolve to proceed to make this Local Law. The proposed deferral of the Local Law has been discussed with the Managers Community Development, Precincts and Facilities, Environmental Assessment and the Executive Management Team. It is recommended that Council’s decision in this matter be tabled at the next Community Safety Committee.

OPTIONS: That Council resolve to progress with the Local Law including further consultation with relevant stakeholders. That Council resolve to defer action on this Local Law for a six month period and that the Community Safety Officer report back to Council on a regular basis of the Police actions in this regard.

CONCLUSION: This is a complex matter and Council needs to carefully consider the implications of this Local Law on its resources, the impact on community expectations of Council, and the need to ensure that the State Government is fulfilling its duty to the people of Cairns.

ATTACHMENTS: A copy of the Minister’s response including the Schedule of Conditions (#573026) Copy of the relevant section of the Police Powers and Responsibilities Act 2000. Linda Kirchner Manager Legal and Administration Jo-Anne Scarini General Manager Corporate Services

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Queensland POLICE POWERS AND RESPONSIBILITIES ACT 2000

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44A Prevention of particular offences relating to liquor

(1) This section applies if--

(a) a police officer reasonably suspects an offence against a liquor provision has been committed, is being committed or is about to be committed at a place; and

(b) the officer reasonably suspects an opened container of liquor, as defined in the Liquor Act 1992, section 4B, at the place relates to the offence.

(2) The police officer may seize and dispose of the container and its contents (the "thing") in the way the officer considers reasonably necessary to prevent the commission, continuation or repetition of an offence against the liquor provision. Example for subsection (2)--

The police officer may empty an opened can of beer found by the officer being consumed by a person in contravention of a liquor provision.

(3) If the police officer exercises the power under subsection (2)--

(a) the thing is taken to have been forfeited to, and to have become the property of, the State immediately after the officer seized it; and

(b) chapter 11, part 2, division 3 and chapter 11, part 3 do not apply to the thing.

(4) In this section--

"liquor provision" means any of the following provisions--

(a) the Liquor Act 1992, section 164, 168B or 173B;

(b) the Community Services (Aborigines) Act 1984, section 45T;

(c) the Community Services (Torres Strait) Act 1984, section 43T.

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"opened container" includes a container that has been opened, even if it is closed at the material time and regardless of whether or not some of its contents have been removed.

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ORDINARY MEETING

27 FEBRUARY 2003

3 CAIRNS INTEGRATED PUBLIC TRANSPORT STUDY Joan Crawford : 8/20/1-76: #594102

RECOMMENDATION: That Council advises Queensland Transport of its general support for the Draft Cairns Integrated Public Transport Study noting specific comments in Attachment No. 1 of this report.

INTRODUCTION: The Cairns Integrated Public Transport Study (CIPTS) has been undertaken as an identified priority action of the Far North Queensland Regional Plan. Council is a co-proponent of the study with Queensland Transport and Main Roads and has had representatives on the study steering committee and technical working group. Queensland Transport has requested Council to provide comments on the draft report prior to it being released for public comment.

BACKGROUND: The intention of the CIPTS is to aid in the development of convenient, reliable and effective public transport services in coordination with the planning and development of the region. The outcomes on the study include:

• Public Transport Vision, Objectives and Principles; • Public Transport Network Plans for the short, medium and long term; • An implementation Plan comprising strategies and actions for responsible

authorities across the transport modes, and integrated planning activities; • Consultation processes established by the study (which have potential to

continue into implementation), and consultation and other working reports assembled by the study team.

CONSIDERATIONS: Statutory: Nil

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Policy: Consistent with Council Corporate outcomes and in particular the key issue of sustainable growth and development. Financial: The implementation of the Cairns Integrated Public Transport Study will have resource and financial implications for Council but currently the extent is unknown. Social: A vision of the Study is that in the future, Cairns will be an accessible city, which connects people, places and activities and has a wide choice of safe, affordable and convenient transport options.

CONSULTATION: Consultation of this submission has occurred with officers from: City Development City Works & Services A workshop was conducted by Queensland Transport with the Mayor, CEO, Councillors and staff on the draft findings of the Study

OPTIONS: Council provides a formal response to Queensland Transport indicating Council’s support and highlighting concerns. Alternatively Council does not provide a submission in relation to this Study.

CONCLUSION: It is recommended that Council submit the attached formal response regarding the draft Cairns Integrated Public Transport Study and reassess the study when public comments have been incorporated.

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ATTACHMENTS: Submission on the proposed draft Cairns Integrated Public Transport Study. Joan Crawford Project Officer Sandra Burke Acting Manager Infrastructure Management John Hawkes General Manager City Works & Services

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ENQUIRIES: Laird Shepherd

PHONE: 4044 3537

OUR REF: 594160 19 February 2003 Project Director Cairns Integrated Public Transport Study Queensland Transport Regional Transport Planning Branch PO Box 6185 CAIRNS QLD 4870 Attention: David E Welsby COMMENTS ON THE DRAFT CAIRNS INTEGRATED PUBLIC TRANSPORT STUDY Thank you for providing the opportunity for Cairns City Council to comment on the Draft Cairns Integrated Public Transport Study prior to it being released for public comment. Cairns City Council (CCC) is generally supportive of the draft study and offers the following attached comments in relation to specific areas. Council requests to be kept informed of the outcome of the public consultation process and any future developments in regard to this study. Yours faithfully D B Farmer Chief Executive Officer

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Cairns City Council Comments on Cairns Integrated Public Transport Study Page No Para No. Comment Comment

46 2 1..Identify in the hierarchy and Development Manual the treatment of on road bus operations and bus stop form (indented bays, off highway stations, kerbside) appropriate to each level of the hierarchy. Guidelines for roadside infrastructure (shelters, seating, signage, and pathways) will also be needed. 2..Give high priority to achievement of links identified in the Traffic Management Plans as through links on inter-suburb connections. While currently the staging tends to deliver these as the last part of the project on a developer linear staging, provisions of bus services often requires such links to be brought forward.

Yes but QT to provide mapping

48 3 Encouraging employers to undertake “Green Travel Plans” for their employees is another community based activity that could be undertaken. Council could develop incentive programs for employers to develop such plans and/or make requirement to do so in the Planning Scheme as well as develop their own internal “Green Travel Plan to use as an example.

How might this be incorporated into the Planning Scheme and is it a realistic requirement for CCC to implement. QT/DMR could set the example of undertaking “Green Travel Plans”

52 6 Drinking fountains and shelter from sun and rain as supplementary facilities at appropriate places along key cycling routes en route to key destinations. These should be included as specific requirements in the planning scheme, such as DEO’s, codes, policies, etc

Who would pay and why?

54 4 School bike plans should be developed in consultation with relevant stakeholders and relevant information incorporated into the Planning Scheme.

Who should develop these Education Queensland or CCC and is this development related or an Education Queensland issue?

56 Box 1 Second Layer should incorporate FNQ 2010 – Implementation Coordinating Group

Strategies and Actions Sorted by Lead Agency (CCC) Action 7.1.1 Ensure that public transport requirements for different road

and street classifications are incorporated into the road hierarchy

7.1.2 Ensure that major developments which provide opportunities for bus routes linking through the development are staged to deliver such road connections as early as feasible in the project.

7.1.3 Ensure that the street layout of new residential developments provide for efficient bus routes.

7.1.4 Ensure that new residential developments are designed to provide maximum connectivity and permeability for cyclists and pedestrians and to allow for good access to public transport services.

How are these goals to be effected on a daily basis by the Development Assessment section of CCC? Will there be a reliance on AMCORD and Queensland Streets and in particular how will Council ‘encourage’ developers to stage their developments to deliver road connections early in the project?

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Councilor’s Comments Concern that one corridor will not be sufficient to service the growing southern area. The

incorporation of a rail system along existing rail corridors should be integrated into the strategy.

The implementation of the links road plan will ultimately rely on the community deciding this is the most appropriate future development pattern.

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ORDINARY MEETING

27 FEBRUARY 2003

4 5 YEAR CAPITAL WORKS PROGRAM DEVELOPMENT - STRUCTURE Sandra Burke: 1/58/9-05 #581744v1

RECOMMENDATION: It is recommended that : 1. Council adopt a structure for the 5 Year Capital Works Program based on the

following : • 5 Year Capital Works Program be updated annually as part of the

preparation of the Annual Capital Works Program; • Years 1 and 2 of the Program to depict detailed expenditure with Year 1

depicting the current Annual Capital Works program; • Years 3, 4 and 5 to depict total forecast expenditure under each

Operational Plan Sub-Program (or Activity where applicable); • The level of detail to be provided for each year of the 5 Year Capital Works

program be provided as shown

Year Level of Detail

1 2002/03

Projects and funding identified under each relevant Sub-Program or Activity for adoption as part of Annual Capital Works program Asset Renewal and New Asset headings shown under each Sub-Program or Activity Each project listed either under Asset Renewal or New Asset

2 2003/04 As above but as preliminary program only Majority of projects require further investigation, scoping and evaluation

3 2004/05 Funding allocated for each Sub-Program or Activity under Asset Renewal or New Asset heading Major projects may be identified (eg Civic Theatre)

4 2005/06 as per Year 3

5 2006/07 as per Year 3

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INTRODUCTION: Council’s Infrastructure Management Branch is developing a rolling 5 Year Capital Works Program from 2002/03 to 2006/07 to identify the medium term needs for Council (excluding Cairns Water’s Water, Wastewater and Waste Management Program). This report outlines a proposal for the structure of a 5 Year Capital Works Program. Further reports will be presented to Council outlining the project details for the 5 Year Capital Works Program in the near future.

BACKGROUND: In March 1997 a 5 Year Capital Works Program was compiled for 1997/98 to 2001/02. Whilst this document provided a description of projects and their funding, it was not linked to any medium or long term planning needs. Further, the document was not progressed to a stage to where it could be adopted by Council. Historically, annual capital works programs have been compiled in isolation from a medium or long-term plan. In recent years, annual capital works programs have been developed with linkages to Corporate, Operational, Business and strategic plans through Councils’ Capital Works Evaluation and Ranking procedure. This process, although a vast improvement in how the annual capital works program is developed, has shortcomings in that there is no medium term plan (that is - a 5 Year Capital Works Program) to support it. The Department of Local Government and Planning ask Councils each year to provide details of forecast capital works (funding and projects) for the forward 5 years. The information on forecast loans, grant & subsidies is used by the Department for development of the state government budget. The development of a 5 Year Capital Works Program for Cairns City Council will provide a more qualitative and accurate forecast for capital works.

PROPOSED STRUCTURE It is proposed that the 5 Year forward Capital Works Program structure be prepared based on the following : • 5 Year Capital Works Program be updated annually as part of the preparation of the

Annual Capital Works Program • 5 Year Capital Works Program to commence with Year 1 at 2002/03 and Year 5 at

2006/07 • First two years should depict detailed expenditure with the first year depicting the

current Annual Capital Works program. • Remaining years (e.g. Years 3, 4 and 5) should depict total forecast expenditure

under each Operational Plan Sub-Program (or Activity level where applicable).

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• The level of detail to be provided for each year of the 5 Year Capital Works

program is as follows :

Year Level of Detail

1 2002/03

• Projects and funding identified under each relevant Sub-Program or Activity for adoption as part of Annual Capital Works program

• Asset Renewal and New Asset headings shown under each Sub-Program or Activity

• Each project listed either under Asset Renewal or New Asset

2 2003/04 • As above but as preliminary program only • Majority of projects require further investigation, scoping and evaluation

3 2004/05

• Funding allocated for each Sub-Program or Activity under Asset Renewal or New Asset heading • Major projects may be identified (eg Civic Theatre)

4 2005/06 • as per Year 3.

5 2006/07 • as per Year 3.

The benefits of this outline structure are : Flexibility By revising this program every year (i.e. “rolling”), the program becomes flexible. The content and funding in later years of the program can be adjusted to changing funding priorities in Council and also allows for completely new or urgent projects to be accommodated within the Program. Financial Model This program is designed to link in with and enhance the outputs of the 10 Year Financial Model. As the capital budget and funding is a highly significant influence on Councils financial position in any given year, longer term forecasting of the capital program will be critical to forming the modelling and analysis that the 10 Year Model is designed to allow. In the medium term, the two projects combined should enable better management of Council's financial resources, and enhance the capacity and quality of Council decision-making. Operational Plan This structure of the 5 Year Capital Works Program links the asset category with Council’s Operational Plan Program, Sub-program and Activity (where applicable). In future improvements to the 5 Year Capital Works Program, it should be possible to present detail for the forward two (2) year Capital Works in the Operational Plan to at least Program level.

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COMMENT: The New Assets vs Renewal Challenge Council has an asset base (excluding Cairns Water) of $875 million. These assets depreciate at $18.8 million per annum. In the development of Annual Capital Works programs, asset renewal versus new asset funding is derived from the finalised program. The 5 Year Capital Works Program structure proposes that the separation and identification of asset renewal and new asset funding is targeted. Distinguishing between upgrade and renewal can be difficult. For the first version of the 5 Year Capital Works Program, upgrades are considered the same as renewals. By allocating capital funding by Program, Sub-Program and where applicable by Activity and then allocating funding between new assets and renewal assets, Council can commence to provide adequate funding for renewal needs. A separate report to Council on asset renewal and new asset funding is included for consideration at Ordinary Meeting 27th February 2003. Funding Overall funding pattern for Capital works from 1998/99 to 2002/03 have been analysed and presented to Council. Forecasting of funding for the 5 Year Capital Works Program presents a few challenges. Whilst it is not the intention of this report to present projections and assumptions on funding of future capital works, some of the issues on funding for the 5 Year Capital Works Program that need to be presented for future consideration by Council are : - Total funding for capital works for 2003/04 to 2006/07 - Total funded depreciation, revenue (including reserve), grants & subsidies, loans,

developer contributions - Funding breakdown between programs - Funding breakdown for new assets versus renewal/upgrade of assets - Utilisation of funded depreciation for funding of asset renewals - Annual increases/decreases in funding as a flat percentage of total funding or

modelled on previous five (5) years of capital funding It is important to define the structure of the 5 Year Capital Works Program to enable those issues, as mentioned above, to be modelled. Of the most challenging of those issues is that of utilisation of funded depreciation for asset renewals/upgrade.

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Link with current Capital Works Projects ranking and evaluation process Councils current process for evaluation and ranking of capital works enables a basic level of decision making and rationale in what capital works projects are to be funded. Capital works projects with the highest ranking are in competition for the one allocated budget for a given year. The current process for evaluation and ranking of capital works projects is being reviewed. The proposed structure of the 5 Year Capital Works program enables some target/guideline levels of funding, including asset renewal and new asset funding, to be allocated for at least each Sub-Program (and where possible for each Activity). This means that capital works may be evaluated and ranked within the funding allocation of the Sub-Program (or Activity) and not have to compete with all other projects as per the current process. Link with Strategic Plans Infrastructure Management are currently progressing detailing all strategic plans and the recommended capital works that flow from those strategic plans. The process requires significant resource in locating critical information, such as, date of adoption by Council of the strategic plan, capital works requirements and obligations by developers and Council. As the 5 Year Capital Works Program is in its first development stage, it is proposed that detailing of capital works from strategic plans be provided at a later stage of development. Industry Benchmarking The Queensland Local Government Act requires local councils to publish corporate and operational plans with three to five year projections. Some Councils voluntarily publish forward capital works programs. For instance, Coffs Harbour City Council (NSW) publishes its “Capital Works Programs 2002-2005.” Hastings Council (NSW) publishes its “Planned Projects 2001-2004 (Capital/Other)” In New Zealand, local councils are required by legislation to report a Long Term Financial Strategy (LTFS) every three years. A 10 Year Asset Management Plan is a core document of the LTFS. Auckland City Council publishes a ten year capital expenditure projection. This council also reviews its asset management plan annually. Christchurch City Council publishes its “5 Year Capital Expenditure Programme.” It utilises a “rolling” capital works program. The first two years provide detailed expenditure for projects, as per Annual Capital Works Program, with the remainder years specified to Sub-Program/Activity level.

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CONSIDERATIONS Statutory: Local Government Act requires local councils to publish corporate and operational plans with three to five year projections Policy The 2002/03 Operational Plan Asset Management Branch Operating Initiatives states that : “5 Year Capital Works program is adopted by Council by January 2003”

CONSULTATION Before reviewing the existing capital works and asset management information, the following were consulted on the structure of the program:

• Councillors • CEO • General Managers • Managers

OPTIONS • Do nothing. Rely solely on Annual Capital Works Program in combination

with Corporate and Operational Plans for planning of future capital works. This option does not enable Council to progress to addressing asset renewal needs.

• Progress development of a detailed 5 Year Capital Works Program. This

level of development in absence of a clear structure and assessment on funding issues would not provide a sustainable Capital Works Program.

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CONCLUSION: To meet the renewal needs of Council’s existing asset base and fund new assets, a forward plan for capital works is required. The 5 Year Capital Works Program proposed structure is part of the forward plan. Sandra Burke A/MANAGER INFRASTRUCTURE MANAGEMENT John Hawkes GENERAL MANAGER CITY WORKS & SERVICES

31

ORDINARY MEETING

27 FEBRUARY 2003

5 FEE FOR BUILDING COMPLIANCE NOTICE ISSUED UNDER THE RESIDENTIAL SERVICE (ACCREDITATION) ACT Laurie Phipps : 1/58/7.03: #594272

RECOMMENDATION: Council resolve that the fees for the issue of a Building Compliance Notice issued under the Residential Services Accreditation Act be $300-00.

BACKGROUND: Council at the Planning, Development & Community Services Committee meeting held in July 2002 considered a report that dealt with the Residential Service (Accreditation) Act. It was resolved that Council submit the following comments to the Minister for Tourism, Racing & Fair Trading: 1. Council supports the introduction of this Regulation as a positive move to help

control the residential services industry. 2. The premises referred to are currently required to be inspected and registered

under Loca Law No 6 (Rental Accommodation). The Residential Services Act 2002 came into effect on 23rd August 2002, its prime aim is to establish a framework for continuous improvement of the Residential Services Industries. While the Office of Fair Trading will be responsible for managing the Registration, Accreditation and Compliance monitoring systems established by the Act, Local Government plays a vital role. The Local Government’s role is to inspect residential services premises for compliance with the prescribed building requirements and issue a Building Compliance or Non-Compliance notice. All service providers require this documentation before they can apply for registration under the Act. A “Service Provider” is a person who provides a “Residential Service” if the main purpose of the service is to provide accommodation, a Food Service or Personal Care Service in return for payment of rent.

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COMMENT: The Act allows for Accreditation for 3 levels:- For services operating before 23 August 2002

Due date for applying for Registration

Due date for applying for Accreditation

Levels 1, 2 & 3 23 August 2003 23 August 2004 Levels 1 & 2 23 August 2004 23 August 2005 Level 1 23 August 2004 23 August 2006 For new services Due date for applying

for Registration Due date for applying for Accreditation

Level 1 Before starting to operate Within 6 months of registration

Level 2 Before starting to operate Within 6 months of commencing

Level 3 Before starting to operate Within 6 months of commencing

To obtain Registration a Service Provider must have a Building Compliance Inspection carried out by a Council Officer from Building and Health. There are a number of services exempt from the Legislation; including services regulated under other Legislation e.g. Retirement Villages, Services which have Government funding agreements with a Government Agency and Services that provide accommodation specifically for tourists such as Backpackers; Motels and Bed and Breakfast facilities and serviced facilities with less than four (4) residents. The Residential Services (Accreditation) Act 2002 will have an effect on the fees and Charges of Council. As a premises registered under the Residential Services Act will not be subject to a registration under Council Local Law, Council has no fees set for the inspection and issue of the Building Compliance Notice.

CONCLUSION: The requirement for the issue of a Building Compliance will place an extra workload on the Building Compliance Section and the proposed fee for this service should be $300.00. Fee make up – Lodgement Fee $ 70.00 Inspection and Report $ 230.00 TOTAL $ 300.00 Section 29 (5) of the Residential Services (Accreditation) Act allows Local Government to fix a reasonable fee by resolution for its’ services. Laurie Phipps Peter Tabulo Manager – Environmental Assessment General Manager – City Development

33

ORDINARY MEETING

27 FEBRUARY 2003

6 GUIDELINE FOR CONTRIBUTION IN LIEU FOR LANDSCAPING IN THE INNER CITY – AMENDMENT OF GUIDELINE Jenny Elphinstone: 8/20/1-77: #591801

RECOMMENDATION: That Council adopts an amendment to the existing Policy, as per the Council Officer agenda report presented as Item 23 at the Council Ordinary Meeting held on 28 June 2001, whereby: 1. The Guideline now applies to all types of accommodation in the Inner City

area; 2. The Guideline refers to the “CBD – North Cairns Local Area Open Space

Management Plan” and not the “Inner City Local Area Open Space Management Plan”, and

3. The current applicable charge is $296 per person in the CBD – North Cairns

Local Area Open Space Management Plan. EXECUTIVE SUMMARY: Council previously adopted a Guideline by which consideration will be given to accepting a cash-in-lieu monetary contribution for a shortfall in the on-site provision of communal landscaped open space. As adopted, the Guideline can only be applied to residential developments that cater for transient / tourist populations. This report recommends, in line with City Development’s current philosophical consideration and the ability under the Planning Scheme, to provide a mix of permanent and tourist accommodation, this report recommends that the Guideline also apply to inner city residential development catering for permanent residents. Background Council at its Meeting held on 28 June 2001 adopted a Guideline on which consideration will be given to accepting a cash-in-lieu monetary contribution for a short-fall in the provision of on-site landscaped communal open space. The ability for Council to contemplate such a Guideline, without amending the Transitional Planning Scheme, arose from the introduction of the Integrated Planning Act that offers the Council an ability to issue preliminary approvals that affectively override the Planning Scheme provisions.

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The Guideline is applicable to development only within the Inner City area and has regard to the intentions of the Cairns Inner City LAOSMP (Local Area Open Space Management Plan) that envisages the enhancement of four existing parks (Esplanade North, Munro Martin Park, New Park/Cairns North, and Esplanade South). At the time of the report Council’s Planning Officers were of the opinion that there was a clear differentiation between the use of open space, whether provided publicly or privately by permanent residents as opposed to the transient / tourist population. Proposed Amendment Since the internal release of CairnsPlan, the draft IPA Planning Scheme, serious consideration has been given by Council’s Planning Officers as to whether there exists any difference in the need and provision of facilities for permanent residents as opposed to the transient/tourist population. The conclusions of the Planning and Environment Court in the case of Rhonwood vs Cairns City Council, P&E Appeal 19 of 1999, did not find difference between the two types of developments. Having regard to the findings of the Court and in light of there being no further evidence to hand, there is no justifiable reasons for Council to pursue separation of the two types of residential uses. The development of the Inner City Local Area Open Space Management Plan did not apply different open space requirements for permanent residents as opposed to transient / tourist populations. Applicable Charge Rate The Guidelines makes reference to the Cairns Inner City Local Area Open Space Management Plan. This plan has now been replaced by two draft plans; Central Suburbs Local Area Open Space Management Plan; and Cairns Business District – North Cairns Local Area Open Space Management Plan. The original Guidelines refer to an applicable charge of $484 per person. The new separate plans have applicable charge rates of $796 per person for Central Suburbs LAOSMP, and $296 per person for Cairns Business District-North Cairns LAOSMP. The difference between the charge rate for the previous Inner City area and the new Cairns Business District-North Cairns area is due to the separation of the former area into two new areas and the factoring in of the $9 million Cairns Esplanade project. It is therefore recommended that Council amend the Guidelines so that; 1. the Guideline applies to all types of residential accommodation in the Inner City

area; 2. the Guideline applies to the “Cairns Business District-Northern Cairns Local Area

Open Space Management Plan”; and 3. a current charge rate of $296 per person applies in the Cairns Business District-

North Cairns LAOSMP. Jenny Elphinstone Nikki Huddy Senior Planning Officer Acting Manager – City Assessment Action Officer

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APPENDIX 1

36

ORDINARY MEETING

27 FEBRUARY 2003

7 INFORMATION REQUEST FROM THE DEPARTMENT OF TOURISM, RACING AND FAIR TRADING – LIQUOR LICENSING DIVISION – FOR AN ON PREMISES (MEALS) LICENCE– SHOP 12 / 53-57 THE ESPLANADE, CAIRNS CITY Kym Watton: 8/20/6-01 : #591524 PROPOSAL: APPLICATION THROUGH THE LIQUOR

LICENSING DIVISION FOR AN ON PREMISES (MEALS) LICENCE

APPLICANT: VICTOR JOHN BLACK LOCATION: SHOP 12 THE OUTRIGGER, 53-57 THE

ESPLANADE, CAIRNS CITY PROPERTY: LOT 132 ON SP126562 ZONE: CENTRAL BUSINESS STRATEGIC PLAN: TOURIST FACILITIES DCP: DCP 1 – RESIDENTIAL DENSITIES – 800 PPH DCP 2 – HEIGHT AND IMPACT OF BUILDINGS –

PRECINCT 2 REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 4 MARCH 2003 DIVISION: 6 APPENDIX: 1. REQUEST FROM THE LIQUOR LICENCE

DIVISION

37

LOCALITY PLAN

RECOMMENDATION: That the Liquor Licensing Division be advised that Council has no objections to the application for an On Premises (Meals) Licence at ‘Driftin’, located at Shop 12 The Outrigger 53-57 The Esplanade, Cairns City, as the proposal complies with Council’s General Policy on Liquor Licencing. EXECUTIVE SUMMARY: The Department of Tourism, Racing and Fair Trading, Liquor Licensing Division has written to Council advising that ‘Driftin’ has applied for an On Premises (Meals) Licence in accordance with the Liquor Act. This gives Council the opportunity to assess the proposed On Premises (Meals) Licence and submit comments to the Liquor Licensing Division. TOWN PLANNING CONSIDERATIONS: Proposal The Liquor Licensing Division has advised Council that Victor John Black is applying on behalf of ‘Driftin’ for an On Premises (Meals) Licence for Shop 12, 53-57 The Esplanade, Cairns City. The On Premises (Meals) Licence would allow the sale of liquor with the provision of meals, for consumption on the premises, from 10.00am to 12 midnight, Monday to Sunday. However, liquor may be sold to patrons who are non-diners (i.e. only there to have a drink).

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The subject land is located in the Central Business zone in the Planning Scheme for Part of the City of Cairns. A café/restaurant is consistent with this designation. The Community Safety Officer and the Manager, Environmental Assessment were invited to comment on the proposed Limited Licence. Comments received back from both Branches are as follows:- a. The site is adjacent to an existing restaurant (Classic China Restaurant) which has

an On Premises (Meals) Licence. There are also numerous other restaurants with On Premises (Meals) Licences within the vicinity.

b. That appropriate measures are put in place to ensure responsible serving of liquor

and safe liquor promotions. Divisional Councillor Comments:- The Divisional Councillor, Margaret Gill has no concerns with respect to the abovementioned application. Kym Watton Planning Officer Action Officer NIKKI HUDDY Acting Manager – City Assessment

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APPENDIX 1

42

ORDINARY MEETING

27 FEBRUARY 2003

8 RELAXATION OF PLANNING SCHEME PROVISION – LOT 1 ON RP727871, 2 EVANS STREET, YORKEYS KNOB Neil Blamey: 8/20/1-76 : #587692 PROPOSAL: HEIGHT RELAXATION APPLICANT: DEBORAH FISCHER DEBORAH FISCHER ARCHITECTS PO BOX 5107 CAIRNS QLD LOCATION: 2 EVANS STREET, YORKEYS KNOB PROPERTY: LOT1 ON RP727871 ZONE: RESIDENTIAL 1 STRATEGIC PLAN: RURAL CONSTRAINED DCP: HILLSLOPES DCP – CATEGORY B REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE DIVISION: 10 APPENDIX: 1. SITE PROPOSAL PLAN

43

LOCALITY PLAN

RECOMMENDATION: That Council support the request for the relaxation of height under the Hillslopes Development Control Plan to facilitate the construction of a dwelling as indicated on revised plans TP01/A, TP04/A, TP05/C, TP06/B, TP07/A, and associated revised diagrams as submitted with the application by Deborah Fischer Architects dated 10 February 2003 on land described as Lot 1 on RP727871, located at 2 Evans Street, Yorkeys Knob subject to the following conditions:- Assessment Manager Conditions 1. The exterior building colours and materials of any proposed structures,

retaining walls, and slope stabilisation mechanisms must be non-reflective and must blend with the natural colours of the surrounding environment. The building materials and colour scheme must be; Colourbond dark grey/dark green roof; and dark blue/dark green/stone on the Colourbond and Fibre Cement Sheet walls, and mid grey/dark blue on the masonry render wall and dark blue/dark grey/dark green on the concrete retaining walls including the pool wall, unless otherwise approved by Council.

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Landscaping 2. The applicant/owner must landscape the northern aspect of the subject land

in accordance with Development Manual, Part 4 - Landscaping and in accordance with a detailed professional landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work. In particular, the plan must show:

a. The retention of as many existing trees and shrubs as possible and

further planting of screening trees and shrubs to provide a filtered view of the building and retaining walls from the east and south.

Construction 3. Other than minor earthworks to prepare the building’s footprint, structural

footings and retaining walls, earthworks are not permitted on the site. All earthworks are to be immediately stabilised and retained. Any work on the exposed existing cut batter must be first approved by Council, and submitted for approval in conjunction with the landscape plan.

_____________________________________________________________________ EXECUTIVE SUMMARY: Council is in receipt of correspondence dated 13, 14 January 2003, and 10 February 2003 requesting height dispensation for a dwelling to be constructed on land described as Lot 1 on RP727871 located at 2 Evans Street, Yorkeys Knob. Having regard to the slope of the subject land, the existing building pad and driveway, existing vegetation, the design and darker colour shades of the proposed dwelling, and the existing surrounding dwellings in the area it is considered that the proposed dwelling will not significantly impact upon the visual amenity of the hillslopes when viewed from significant viewing points including Sims Esplanade. A detailed landscape plan will be required to be submitted to Council for approval indicating the planting of additional screening plants. Accordingly, approval of the request is recommended with conditions. TOWN PLANNING CONSIDERATIONS: Proposal The applicant seeks height dispensation to the 2/3 storey dwelling which proposes a maximum height of 8.3 metres to the roof pitching point above the natural ground level, which is 0.8m in excess of the 7.5 m height limit above natural ground level. The highest point of the roof structure is 9m above natural ground level.

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The dwelling is a slab on ground construction utilising the existing level building pad, previously occupied by a demolished dwelling house. The existing pad is at natural ground level on the south side and 6.2m below natural ground level on the north cut side. The building will consequently be set 6.2m below natural ground level on the north cut side. The height variation is for a relatively small building volume on the third floor and stairwell core, with the bulk of the proposed house being well below 7.5 m above natural ground level. A proposal plan is contained at Appendix 1. Hillslopes DCP An assessment of the proposal against the provisions of the Hillslopes DCP has been concluded with the following matters requiring Council’s further consideration:- The proposal is of a combined masonry brick (ground floor, stairwell, retaining walls), and lightweight construction type (upper levels) with a large verandah area to the east, and a varied building layout, which is expected to assist in reducing the overall visual impact of the development by breaking up the building bulk to a degree. Construction materials of the dwelling must be non-reflective and be able to blend with the natural colours of the surrounding environment. The non-reflective roof colour will be a suitable Colourbond dark grey/dark green; with the upper wall cladding colours consisting of Colourbond stone and Fibre Cement Sheet of dark blue and dark green; and a mid/dark grey, dark blue and dark green colour for the lower rendered block wall section and retaining walls, as proposed by the applicant. The colour scheme for the residence demonstrates sufficient compliance with the Hillslopes DCP, providing darker shades of colours are used as conditioned in the recommendation. A recommended condition of approval requires the applicant to gain final approval from Council regarding an approved landscape plan prior to the issue of a Development Permit for Building Works. The applicant is required to submit a detailed landscape plan for Council Approval fully in compliance with Hillslopes DCP illustrating the retention of existing vegetation and further filtered screen plantings. Minor earthworks are proposed for the raised pool and retaining wall areas (pool and toe of cut batter) with the building footprint to be located on the existing building pad, and no additional earth batters to be exposed. An existing garage is located at the bottom of the driveway. Land Zoning The subject land is currently zoned Residential 1 within the Planning Scheme for Balance of the City of Cairns and is contained within the Hillslopes DCP – Category B designation permitting a maximum height of 7.5 metres above natural ground level.

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Impact of Proposal The proposed development and request for height dispensation has been assessed against the Hillslopes DCP and it is considered sufficient merit exists for the limited height dispensation as requested in this previously benched locality and accordingly the proposal is supported at Officer level provided the dwelling is constructed strictly as proposed in the most recent plans and the applicant submits a detailed landscape plan which is to the satisfaction of the Chief Executive Officer. In conclusion, the applicant has submitted a preliminary 3-D model (now partly modified) of the proposed dwelling, which is available for inspection in City Assessment. Neil Blamey Senior Environmental Planning Officer Action Officer Nikki Huddy Acting Manager – City Assessment

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APPENDIX 1

53

ORDINARY MEETING

27 FEBRUARY 2003

9 RECONFIGURING A LOT – 2 LOTS INTO 26 RESIDENTIAL LOTS PLUS EXISTING FARM LOT AND 2 BALANCE LOTS (STAGE 14) – LOT 795 AND 796 RAMSEY DRIVE, KANIMBLA Anna Cronin: 8/13/556-01: #585866 PROPOSAL: RECONFIGURING A LOT (2 LOTS INTO 26

RESIDENTIAL LOTS PLUS EXISTING FARM LOT AND 2 BALANCE LOTS) – STAGE 14

APPLICANT: S & F MARINO PTY LTD C/- BRAZIER MOTTI PTY LTD PO BOX 1185 CAIRNS QLD 4870 LOCATION: LOT 795 AND 796 RAMSEY DRIVE, KANIMBLA PROPERTY: LOT 795 ON SP149855 AND LOT 796 ON

SP146132, PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: LOW DENSITY RESIDENTIAL DCP: DCP 1 – RESIDENTIAL DENSITIES – 60 PPH

DCP 2 – HEIGHT AND IMPACT OF BUILDINGS - PRECINCT 6 DCP 4 – RESIDENTIAL DESIGNATION – PRECINCT 2

REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 11 MARCH 2003 DIVISION: 9 APPENDIX: 1. PROPOSED PLAN OF SURVEY

54

LOCALITY PLAN

RECOMMENDATION: That Council approve the application to reconfigure land described as Lot 795 on SP149855 and Lot 796 on SP146132, Parish of Cairns, located at Lot 795 and 796 Ramsey Drive, Kanimbla, into 26 residential lots plus existing farm lot and two balance lots, subject to the following conditions: - Assessment Manager Conditions 1. The proposed Plan of Survey No. 30106/070, Revision C dated 18 November

2002, attached as Appendix 1 is approved subject to any alterations: a. Found necessary by the Chief Executive Officer at the time of

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

b. To ensure that the reconfiguration complies in all respects with the

requirements of Council's Development Manual and good engineering practice and;

c. To ensure compliance with the following conditions of approval. Subdivision Development 2. The reconfiguration development, including but not limited to, roads,

drainage, sewer, water supply, street lighting, footpaths and landscaping must be designed to the satisfaction of the Chief Executive Officer in accordance with current requirements of the Planning Scheme and Council’s Development Manual.

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Three (3) copies of a plan of the works must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Operational Works. Such works must be constructed in accordance with the endorsed plan, to the satisfaction of the Chief Executive Officer and Council's Development Manual prior to approval and dating of the Plan of Survey.

3. The truck shed located within the proposed alignment of Lucy Close, as

indicated on proposed plan of survey 30106/070 C, must be demolished / relocated, prior to approval and dating the Plan of Survey. A similar shed may be erected for the purpose of housing the displaced farming machinery within proposed Lot 900, an application for a Development Permit for Building Work may be required.

Prohibition Of Vehicular Access 4. Vehicular (including motorbike) access from Ramsey Drive to proposed lots

706 to 714, inclusive, and lot 900 is not permitted. Landscaping and Screening Requirements 5. The applicant/owner must landscape the subject land and street frontage in

accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work. In particular, the plan must show:

a. The retention of as many existing trees and shrubs as possible and

further planting of trees and shrubs; and b. Planting of the footpath with trees or shrubs, depending on any

overhead powerline constraints. 6. Areas to be landscaped must be established prior to the commencement of

the use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

To remove any doubt, maintenance of the entry statement remains the responsibility of the applicant/owner for the life of the development.

Buffer/Screening 7. a. The applicant/owner must provide a screen fence (minimum height of

1.8 metres and maximum gap 10mm) or a landscaping strip that will perform the function of a buffer between Ramsey Drive and proposed Lots 706 to 714, and Lot 900 (excluding the entry statement), to the satisfaction of the Chief Executive Officer.

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b) The applicant/owner must provide a screen fence (minimum height of

1.8 metres and maximum gap 10mm) to the boundary of the existing farm compound. The fence may be to all or part of proposed Lot 900. and must be to the satisfaction of the Chief Executive Officer.

Details of the screen fence(s) and/or landscaping must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. The screen fence/buffer must be provided prior to approval and dating the Plan of Survey.

Water Supply And Sewerage Contributions

8. The applicant/owner must contribute in accordance with Council's policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $89,127.42 (26.1 EDC’s) for water and $82,525.20 (26 EDC’s) for sewerage. Payment is required prior to approval and dating the Plan of Survey.

Water Supply And Sewerage Works External

9. The applicant/owner must carry out water supply and sewerage works

external to the development to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer.

In particular: - a. Each allotment must be provided with a single internal sewer

connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005; and

b. The existing sewer main must be within 1.5 metres from any property

boundary or an easement registered over the property containing the sewer main. The easement documentation is to clearly state that no buildings, structures, driveway or other infrastructure is to be within the easement.

Three (3) copies of a plan of the works must be submitted to and must be endorsed by the Chief Executive Officer prior to commencing works for reconfiguration. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to commencing works for reconfiguration.

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Lawful Point Of Discharge

10. The applicant/owner must ensure that the flow of all external stormwater

from the property is directed to a lawful point of discharge being Ramsey Drive/Moody Creek and the new roads (i.e. Lucy Close and Ninette Close), such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Soil And Water Management Plans

11. Soil and water management (erosion control) plans in accordance with Council's Development Manual must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out operational works.

Installation Of SWM Measures

12. The soil and water management measures endorsed by the Chief Executive

Officer must be installed/implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and Council's Development Manual). Three (3) copies of a plan of the works must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Operational Works. Such works must be constructed in accordance with the endorsed plan, to the satisfaction of the Chief Executive Officer and Council’s Development Manual prior to approval and dating of the Plan of Survey.

Traffic Contributions 13. The applicant/owner must contribute towards Council's Traffic

Management/Road Upgrading Program in accordance with Cairns City Council Traffic Management Plans.

The contribution rate is that which is current at the time of payment. The

current rate of contribution is $53,126.95 (26 ERA). Payment is required prior to approval and dating the Plan of Survey.

Electricity and Telecommunications

14. The applicant/owner must provide written evidence of negotiations with the

electricity supply and telecommunications authorities that services will be provided to the development. Such evidence is to be provided prior to the approval and dating of the Plan of Survey.

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Timing Of Effect

15. The conditions of the development permit must be effected prior to the approval and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.

ADVICE

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

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

2. Current requirements and estimates of development and headworks

contributions may change when elements of the Cairns City Council Infrastructure Charges Plan (ICP) are adopted.

3. Suitable access and facilities to cater for disabled persons should be provided within the approved development to ensure the development does not conflict with the provisions of the Disability Discrimination Act.

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

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

5. At the time of submitting the survey plans for signing and dating, the applicant is to submit digital cadastral information in an Autocad dwg, Dxf or MapInfo mid/mif format. Media format for acceptance of digital information is preferably CD or disk. The applicant is to supply the data in Australian Map Grid (AMG) AGD 85 Zone 55. Where this is unavailable, the files should contain the surrounding/adjacent existing parcels or bounds of the subject parcel to enable identification/location of the data.

6. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

7. The requirements of the Hillside Development Control Plan – Residential

Designation – Precinct 2 are not relevant to Stage 14 of the Kanimbla Heights Estate.

8. In respect to the requirements of the Assessment Manager’s Condition 13

above, Traffic Management Contributions, Council acknowledges that the Applicant has constructed a network road infrastructure and the required contributions can have regard to the credit created by the infrastructure construction.

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EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land within the Residential zone at Ramsey Drive, Kanimbla. The subject site will be reconfigured to create 26 residential lots, with areas ranging from 700m2 to 928m2; the existing farm compound is to be retained as a separate lot (to be subdivided into residential lots at a later date); and 2 balance lots. A proposal plan is attached as Appendix 1. The lot reconfiguration is considered appropriate and is recommended for approval subject to conditions. PLANNING CONSIDERATIONS: Proposal The proposed development is for reconfiguring a lot creating 26 residential lots, retaining the existing farm lot, and 2 balance lots, which will form Stage 14 of the Kanimbla Heights Estate Overall Masterplan. This layout was proposed as a result of further information requested by Council Officer’s and continuing negotiations in relation to the alignment of Lucy Close. The new allotments are adjacent to Stage 12 and are accessed via the construction of Lucy and Ninette Close. The farm shed compound is intended to remain in its existing location however the smaller truck shed is located within the proposed alignment of Lucy Close. Therefore the smaller truck shed is to be relocated or rebuilt adjacent to the main shed within proposed Lot 900 (see appendix 1). The farm compound will remain in existence for the life of the farming operations. At the time of demolishing the farm shed compound, proposed Lot 900 will be developed generally in accordance with the proposed future subdivision layout which is illustrated on the proposed plan of survey Drawing No. 30103/070 C (a further Development Permit for Reconfiguring a Lot will be required at this time). The subject land comprises gently undulating slopes for all of the proposed residential lots and was previously utilised for the growing of sugar cane. The proposed lot reconfiguration will result in the development of all land south of McFarlane Drive, except for the existing farm shed allotment, for residential purposes. Strategic Plan/DCP The proposed development will create residential lots suitable for the development of single detached dwellings and is generally in accordance with the Strategic Plan.

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The subject site is designated within the Hillsides Residential Designation – Precinct 2. Precinct 2 includes land that is moderately sloping and which is highly visible from many parts of the City. All of the allotments subject to this application comprise land that is lower, flatter land at the base of the hillside and is not considered to be highly visible from surrounding areas or compromise vegetation that has significant landscape and/or ecological values. Therefore the Development Control Plan requirements are not relevant. An advice statement will be included to reflect this. Land Zoning The proposed development is consistent with the intent of the Residential zone. Table E-1 in the Planning Scheme for Part of the City of Cairns specifies a minimum land area of 600m2 for the subdivision of land within the Residential zone. The proposal meets this requirement with all proposed residential lots having areas in excess of 700m2. The minimum frontage and depth for allotments within the Residential zone is 15m by 40m, respectively. Most of the proposed lots have an average depth of approximately 30 to 35 metres and all allotments have a general frontage of 15m. The dimensions of the allotments are considered suitable as they are in accordance with the overall Kanimbla Heights Estate Plan, which has been established since 1997, and the acceptable solutions for lot layout within AMCORD, which states that one way of meeting the associated performance criteria is for lots with an area of greater than 450m2 to be capable of containing a rectangle measuring 10m by 15m. All lots are of a practical shape and size. Impact of Proposal The impact of the proposed lot reconfiguration on the environmental attributes are minimal when considering the subject land mainly comprises grassland and unused cane land. As previously mentioned, the proposed reconfiguration meets the minimum area requirements of 600m2, but does not meet the minimum dimension requirements. However these dimensions are acceptable when considering the acceptable solutions for lot layout within AMCORD. The proposed lot reconfiguration is acceptable when considering the Planning Scheme intent and approved layout plans for the Kanimbla Heights Estate. Therefore, the proposal is recommended for approval, subject to conditions. Referral Agency Comment The application has been referred to the Department of Main Roads as a Concurrence Agency and they have no requirements with respect to the application.

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HEADWORKS / CONTRIBUTIONS: The following contributions are applicable to the proposed development.

Element Comment Calculation Contribution Water District 10: $3,414.84/EDC

25 Lots between 401m2 to 900m2 -25 EDC 1 Lot between 901m2 to 1,100m2 – 1.1 EDC Demand: 26.1 EDC

26.1 EDC × $3,414.84

$89,127.42

Sewerage

District 28: $3,174.05/EDC 25 Lots between 401m2 to 900m2 -25 EDC 1 Lot between 901m2 to 1,100m2 – 1 EDC Demand: 26 EDC

26 EDC × $3,174.05

$82,525.20

Traffic Cairns City Precinct 5 TMP: $2,043.34/ERA. 26 Lots = 26ERA

26 ERA x $2,043.34

$53,126.95

Drainage No contributions applicable for the CBD & Environs Drainage Management Plan.

No contributions sought

Nil

Open Space

No contributions applicable. Land previously surrendered for open space purposes.

No contributions sought

Nil

No credits are attributed to the development for water and sewer headworks contributions as these have been applied in former stages of the estate development. The Applicant constructed Ramsey Drive, a network infrastructure road, and as such contributions owing for Traffic can be transferred from any credit arising from the network infrastructure construction. A condition of the approval requires traffic contributions be payable and an advice statement clarifies the issue of transferring credits. Allisen Wright Team Leader Development Assessment Action Officer Nikki Huddy Acting Manager – City Assessment

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APPENDIX 1

63

ORDINARY MEETING

27 FEBRUARY 2003

10 RECONFIGURING A LOT – 1 LOT INTO 18 RESIDENTIAL LOTS – MADIGANS DRIVE, MOUNT SHERIDAN Neil Beck : 8/13/567-01 : #592353 PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 18 LOTS

AND 1 LOT FOR CANE RAIL BUFFER) – STAGE 22

APPLICANT: DELFIN MANAGEMENT SERVICES PTY LTD PO BOX 4684 CAIRNS Q 4870 LOCATION: MADIGANS DRIVE, MOUNT SHERIDAN PROPERTY: LOT 14 ON SP150212, PARISH OF GRAFTON ZONE: PART SPECIAL FACILITIES AND PART RURAL

ZONE STRATEGIC PLAN: PART URBAN AND PART RURAL

CONSTRAINED DCP: HILLSLOPES DEVELOPMENT CONTROL PLAN

– CATEGORY A – UNCONSTRAINED NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 12 MARCH 2003 DIVISION: 3 APPENDIX: 1. PROPOSAL PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council approve the application to reconfigure land described as Lot 14 on SP150212, Parish of Grafton, situated at the Bruce Highway, Mount Sheridan, into 19 lots subject to the following conditions:- Assessment Manager Conditions 1. The proposed Plan of Survey No. 5818-106 (Stage 22) dated 20 December,

2002 is approved subject to any alterations:

a. Found necessary by the Chief Executive Officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements;

b. To ensure that the reconfiguration complies in all respects with the

requirements of Council's Development Manual and good engineering practice and;

c. To ensure compliance with the following conditions of approval.

2. The conditions of previous rezoning deed and in particular the Cannon Park

Part A Development Standards for the rezoning of the subject site must be complied with.

Subject Site

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Subdivision Design 3. The subdivision development, including roads, drainage, sewer, water

supply and landscaping must be designed to the satisfaction of the Chief Executive Officer in accordance with current requirements of the Planning Scheme and Council’s Development Manual.

Three (3) copies of a plan of the works must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Operational Works. Such works must be constructed in accordance with the endorsed plan, to the satisfaction of the Chief Executive Officer and Council's Development Manual prior to approval and dating the Plan of Survey.

Landscaping 4. The applicant/owner must landscape the subject land and street frontage in

accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a development permit for carrying out building work. In particular, the plan must show:

a. Planting of the footpath with trees or shrubs, depending on any

overhead powerline constraints. Landscaping Establishment 5. Areas to be landscaped must be established prior to the approval and dating

of the Plan of Survey and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Water Supply and Sewerage Contributions 6. The applicant/owner must contribute in accordance with Council's policy

provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $43,196.07 (16.8 EDC’s) for water and $37,255.28 (16.8 EDC’s) for sewerage. Payment is required prior to approval and dating the Plan of Survey.

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Water Supply and Sewerage Works External 7. The applicant/owner must carry out water supply and sewerage works

external to the development to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer. In particular, each allotment must be provided with a single internal sewer connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.

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

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

Lawful Point of Discharge

8. The applicant/owner must ensure that the flow of all external stormwater

from the property is directed to a lawful point of discharge being Sawpit Creek Retention Basin System, such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Traffic Management Contributions 9. The applicant/owner must contribute towards Council's Traffic


The contribution rate is that which is current at the time of payment. The current rate of contribution is $36,160.30 (18 ERA’s). Payment is required prior to approval and dating the Plan of Survey.

Setback Plans 10. The applicant/owner must lodge formal building setback plans for Lots

Nos 754 - 771 with Council prior to the approval and dating of the Plan of Survey. The building setback plans must comply with the following requirements:

a. Minimum building setbacks as outlined in Section 3.3.3 of the

document entitled Cannon Farm Part A – Development Standards. b. No building setback shall be closer than 1.5 metres to a completed

sewer main; and

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

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

Soil and Water Management Plans 11. Soil and water management (erosion control) plans in accordance with

Council's Development Manual must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Operational Work.

Installation of SWM Measures 12. The soil and water management measures endorsed by the Chief Executive

Officer must be installed/implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and Council's Development Manual).

Miscellaneous 13. Prior to the commencement of any works on site, the applicant shall ensure

that any African Tulip trees Spathodea companulata contained on the site are removed.

All African Tulips above 10cm in diameter shall be chainsawed. The stump shall be ground down, grubbed and painted with a strong systemic herbicide, and any regrowth of the stump monitored. If any regrowth persists or suckers begin to grow, the stump should be stem injected with a systemic herbicide. Small trees of 10cm or less can be directly poisoned either using TORDON ace, or by drilling a stem injection of a systemic herbicide. A follow up and monitoring protocol of 3 monthly intervals will be needed to determine the success of the original application, and follow up herbicide applied in either of the above methods repeated.

CONCURRENCE AGENCY CONDITIONS – DEPARTMENT OF MAIN ROADS

Pedestrian/Cyclist Contributions 1. The applicant shall make monetary contribution towards pedestrian and

cyclist infrastructure in accordance with the Queensland Department of Main Roads report Mulgrave Shire, Bruce Highway – Edmonton to White Rock Bikeway Headworks Charge, November 1994.

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The contribution is $93.00 as at November 1994 for each Equivalent

Residential Allotment which is appropriately re-calculated at the time of payment to reflect changes in Department of Main Roads Roadworks Input Cost Index (RICI).

The contribution shall be paid to the Department of Main Roads prior to

the applicant requesting Council to date and approve any plan of survey for the subject land.

ADVICE

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



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

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

B. The following notations will be placed on Council's future rates record in

respect of the lots 754 - 771: “The proposed future dwelling and buildings are to be sited within the building setback plan, as detailed on plans held by Council. A copy of the building setback plan is available from Council”.

EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land within the Special Facilities Zone into 18 Residential lots, 1 cane rail buffer lot, plus a balance lot located adjacent the Bruce Highway, Mount Sheridan. The residential lots range in size from 375m2 to 833m2, plus a balance lot. A proposal plan is attached as Appendix 1. The lot reconfiguration is considered appropriate and is recommended for approval subject to conditions. The application has been referred to the Department of Main Roads as a Concurrence Agency. Their comments have been included within the recommendation of the report.

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TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is for reconfiguring a lot creating 18 residential lots and 1 cane rail buffer lot forming Stage 22 of the Forest Gardens Estate. Five lot sizes have been included in Stage 22. These include: • Traditional (lots in excess of 600m², 32m depth) • Lifestyle Traditional (lots in excess of 500m2, 25m depth) • Courtyard (lots with build to boundary between 480m² and 600m²) • Premium Villas (lots with build to boundary between 420m² and 480m²) • Villa (lots with build to boundary with an average area of 371m²) The development is to be accessed via the extension of Madigans Drive to connect with Forest Gardens Drive. The subject land has gentle slopes and is unimproved, with vegetation on the site being limited to cane grass and African Tulip regrowth. There is no significant vegetation on this part of the site. A proposal plan is attached as Appendix 1. Strategic Plan/DCP The Strategic Plan designates the subject land in the Rural Constrained and Urban Preferred Dominant Land Use. The subject site is identified as being appropriate for residential housing in the Urban Residential Housing Strategy. Notwithstanding the inclusion of the parent parcel of land being contained within Category B and C of the Hillslopes DCP, the area of land to be reconfigured is contained in the Hillslopes Category A area – unconstrained and an assessment against the provisions of the Hillslopes DCP is not required. Land Zoning The subject site is zoned Special Facilities (in accordance with Plan of Development No. 1/95). The relevant development standards state that the minimum lot size and frontage for a detached dwelling shall be 300m² and 10m respectively. All proposed allotments comply with these provisions. A condition has been included within the recommendation that requires all design guidelines contained within the document Cannon Farm Part A – Development Standards to be met. This document forms part of the original rezoning approval. Impact Of Proposal Section 6.1.29 of the Integrated Planning Act requires Council as the Assessment Manager, to consider a range of matters to the extent that they are relevant to the application. Those matters requiring further consideration by Council are discussed below. In this instance the general form and character of the development has already been approved by Council as part of the original rezoning to Special Facilities.

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The application has been assessed against the Planning Scheme, where appropriate, and the relevant Plan of Development. The proposed development is not expected to give rise to any detrimental impacts in respect to noise, traffic and amenity issues. There will be 404m2 of land dedicated as open space in Stage 22 in the form of a cane rail buffer lot. This lot will supplement future open space located adjacent the cane-line when developing Stage 19A of the residential estate. The open space area is in accordance with the intent of the development standards specified in the Plan of Development for Forest Gardens. Stage 22 maintains the cumulative 10% of open space required for the entire development. The subject land abuts the Bruce Highway and therefore referral of the application to the Department of Main Roads is required. Conditions forwarded by the Department are contained within the recommendation component of this report. Land included within Stage 22 drains into the Sawpit Creek retention basin system located central to the site. There will be no increase to flood levels downstream and no development of allotments within any areas of the site that may be subject to inundation. HEADWORKS / CONTRIBUTIONS: The following headwork contributions are applicable to the proposed development:

Element Comment Calculation Contribution Water Supply

District 15: $2,614.05/EDC 12 residential lots between 401m2 – 900m2 – 15 EDC 6 residential lots < 400m2 – 3.2 EDC Net Demand: 16.8 EDC’s

16.8 EDC’s x $2,614.05

$43,916.07

Sewerage District 31: $2,217.58/EDC 12 residential lots between 401m2 – 900m2 – 15 EDC 6 residential lots < 400m2 – 3.2 EDC Net Demand: 16.8 EDC’s

16.8 EDC’s x $2,614.05

$37,255.28

Traffic Redhill to Edmonton Traffic Management Plan: $2,008.91/ERA 18 single dwellings – 18 ERA’s

18 ERA’s x $2,008.91

$36,160.30

Drainage No Drainage Management Plan applicable Not Applicable Nil Open Space

Area of 404m2 dedicated (maintains cumulative 10% parkland contribution for entire estate)

No monetary contribution required

Nil

Neil Beck Nikki Huddy PLANNING OFFICER Acting Manager – City Assessment

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APPENDIX 1

73

ORDINARY MEETING

27 FEBRUARY 2003

11 RECONFIGURATION OF A LOT (ONE LOT INTO 8 LOTS) – 49-63 WILLIAMS ESPLANADE, PALM COVE. Jenny Elphinstone: 8/13/504: #498585 PROPOSAL: RECONFIGURATION OF A LOT (ONE LOT INTO

EIGHT LOTS) APPLICANT: THL PALM COVE PTY LTD

C/ JOHN MACISAAC & ASSOC. P/L PO BOX 5174

CAIRNS QLD 4870 LOCATION: 49-63 WILLIAMS ESPLANADE, PALM COVE PROPERTY: LOT 2 ON SP 132566, PARISH OF SMITHFIELD ZONE: RESIDENTIAL 3 AND TOURISM

DEVELOPMENT AREA STRATEGIC PLAN: URBAN DCP: HILLSLOPES DCP – CATEGORY A,

UNCONSTRAINED NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 27 FEBRUARY 2002 DIVISION: 11 APPENDIX: 1. PROPOSED PLAN OF DEVELOPMENT

74

LOCALITY PLAN

RECOMMENDATION: A. That Council approve the application to reconfigure land described as Lot 2

SP132566, Parish of Smithfield, located at 49-63 Williams Esplanade, Palm Cove, into eight (8) lots, subject to the following conditions: - Assessment Manager Conditions 1. The proposed Plan of Proposed Subdivision No. 1621.05, dated 12

March 2002 by John MacIsaac & Associates Pty Ltd Consulting Surveyors submitted with the application, attached as Appendix 1 is approved subject to any alterations:

a. Found necessary by the Chief Executive Officer at the time of

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

b. To ensure that the reconfiguration complies in all respects with

the requirements of Council's Development Manual and good engineering practice and;

c. To ensure compliance with the following conditions of approval.

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Water Supply & Sewer Supply Contributions 2. The applicant/owner must contribute in accordance with Council's

policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewer supply headworks.

The contributions must be paid at the rates applicable at the time of

payment. On the present method of calculation, the estimated total headworks contributions are $19,630.93 (1.0 EDC @ Pre 1985 rates; 4.8 EDC’s @ post 1985 rates) for water and $19,355.86 (1.0 EDC @ Pre 1985 rates; 4.8 EDC’s @ post 1985 rates) for sewer.

Payment is required prior to approval and dating the Plan of Survey. Water Supply And Sewerage Works External 3. The applicant/owner must carry out water supply and sewerage works


In particular, each allotment must be provided with a single internal

sewer connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.

Three (3) copies of a plan of the works must be submitted to and must

be endorsed by the Chief Executive Officer prior to signing and dating the Plan of Survey.

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

to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to commencing works for reconfiguration.

Lawful Point Of Discharge 4. The applicant/owner must ensure that the flow of all external

stormwater from the property is directed to a lawful point of discharge, being the Proposed Easement E such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.



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The contribution rate is that which is current at the time of payment.

The current rate of contribution is $9,189.26 (7.0 ERA). Payment is required prior to approval and dating the Plan of Survey.

6. Existing, significant native vegetation particularly Melaleuca

leucadendra must be retained and only be removed with the Chief Executive Officer’s written approval. The provision of services must not interfere with the significant trees to be retained.

Miscellaneous 7. The applicant/owner must provide written evidence of negotiations with

the electricity supply and telecommunications authorities that services will be provided to the development.

Timing Of Effect 8. The conditions of the development permit must be effected prior to the

commencement of the use, except where specified otherwise in these conditions of approval.

B. The following notation is to be placed on Council's future rates record in

respect of proposed lots 4, 6, 7, 9 as stated below:

“The owner(s) of this property will be required to retain the Melaleuca tree(s) and only remove the trees if consented to in writing by the Chief Executive Officer. The provision of any services must not interfere with the tree(s).”

ADVICE 1. Current requirements and estimates of development and headworks



1997, must cease and determine two (2) years from the date of this decision if these conditions and the Council’s Local Law and Regulations have not been fully complied with and a Plan of Survey submitted to Council for approval and dating.

3. At the time of submitting the survey plans for signing and dating, the

applicant is to submit digital cadastral information in an Autocad dwg, Dxf or MapInfo mid/mif format. Media format for acceptance of digital information is preferably CD or disk. The applicant is to supply the data in Australian Map Grid (AMG) AGD 85 Zone 55. Where this is unavailable, the files should contain the surrounding/adjacent existing parcels or bounds of the subject parcel to enable identification/location of the data.

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Electronic Information 4. For information relating to the Integrated Planning Act 1997 log on to

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

EXECUTIVE SUMMARY: The application involves the creation of eight lots from the existing single lot. The land was previously part of a larger allotment that was reconfigured from several small lots into two main parcels, one of which is the subject of this application. The report recommends supporting the development subject to conditions and the payment of headwork and traffic contributions. TOWN PLANNING CONSIDERATIONS: BACKGROUND Council at its Meeting held on 15 May 2001 resolved to approve the reconfiguration of the land whereby the existing four lots were reconfigured to result in two lots. No contributions were applied for that development as no new lots were created. A review of the park contributions at that time identified that park had previously been provided. Proposal The development involves the reconfiguration of the existing lot into nine lots. The existing caretakers dwelling will exist on Proposed lot 3. Six Multiple Dwelling Units have been constructed on the proposed lots 4-9 and are provided with two car spaces for each unit. There is no balance lot proposed. In respect to the proposed footpath, required under a previous reconfiguration approval, the applicant has stated that they intend to construct this at the time of the unit development on Proposed lot 2. Strategic Plan The proposed development is consistent with the urban designation of the Strategic Plan. The proposed lot sizes meet the minimum areas required for the Residential 3 zone. Assessment Against Scheme Requirements Council at its Planning, Development and Community Services Committee Meeting held on 15 August 2002 resolved to amend the Code assessable approval, for the development of Multiple Dwelling Units (Max. 3 storeys) on the land, whereby the car parking for the code assessable development fronting Williams Esplanade is sited over the abandoned former tennis court rather than on Proposed lots 4 & 5.

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The lots are of a suitable solar axis, area and dimensions to provide for the development of individual dwellings with adequate areas of private open space and building siting. Concern is raised with existing trees sited on the boundary between: Proposed Lot 9 (Southern boundary) and the Proposed Lot 2; Proposed Lot 5 (Eastern boundary) and Proposed Lot 2; and Proposed Lot 6 and Proposed Lot 2. These trees should be retained and a condition of the approval addresses this issue. HEADWORKS / CONTRIBUTIONS: CALCULATION COMMENT CONTRIBUTION Water District 4, Clifton East = $1,911.82/EDC Pre

1985 current rate District 4, Clifton East = $3,691.48/EDC Post 1985 current rate Demand For Pre 1985 Lots: 1 Residential lot >1500m²= 1.3EDC 1 Residential lot >401m²-900m² =1.0EDC Credit for 1 Residential lot >1500m² = 1.3EDC Sub Total + 1.0 EDC @ $1,911.82/EDC Demand Current Rate Lots: 6 Lots of 378m² each= 4.8EDC Sub Total = 4.8EDC @ $3,691.48/EDC

1.0 EDC @ $1,911.82/EDC + 4.8EDC @ $3,691.48/EDC (RICI adjusted)

$19,630.93

Sewerage District 1, Palm Cove = $2,077.58/EDC Pre 1985 current rate District 1, Palm Cove = $3,599.64/EDC Post 1985 current rate Demand For Pre 1985 Lots: 1 Residential lot >1500m²= 1.0EDC 1 Residential lot >401m²-900m²=1.0EDC Credit for 1 Residential lot >1500m² = 1.0EDC Sub Total + 1.0 EDC @ $2,077.58/EDC Demand Current Rate Lots: 6 Lots of 378m2 each= 4.8EDC Sub Total = 4.8EDC @ $3,599.64/EDC

1.0 EDC @ $2,077.58/EDC + 4.8EDC @ $3,599.64/EDC (RICI adjusted)

$19,355.86

Traffic Cairns City Council TMP (District 7, Palm Cove) = $2,150.36/ERA Proposed Demand: 8 Single dwellings = 8.0 ERA Credit for Existing Use: 1 Single Dwelling = 1.0 ERA Net Demand: 7.0 ERA @ $2,150.36/ERA Credit for existing payment: $5,748.83 paid 15/3/02. Current value of credit: $5,748.83 x Mar 03 RICI /Mar 02 RICI =$5,748.83 x 112.29 /109.78

7.0 ERA @ $2,150.36/ERA less $5,863.29

$9,189.26

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Drainage No Drainage Management plan applicable Nil Nil Park No contribution applicable as previous

contribution has been made. Nil Nil

Notes on Calculations: Two of the proposed lots, that contain the existing dwelling and the larger lot fronting Williams Esplanade were created prior to 1985 and thus have lower water and sewer contribution rates applicable. Traffic contributions are applicable to the reconfiguration. It appears contributions have been paid for self-assessable development being constructed on the land. The payments are a credit to the site and have been included as such in the above calculations. Jenny Elphinstone Senior Planner Action Officer Nikki Huddy Acting Manager – City Assessment

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Appendix 1 – Proposed Plan of Development

81

ORDINARY MEETING

27 FEBRUARY 2003

12 MATERIAL CHANGE OF USE – (IMPACT ASSESSMENT) – PRELIMINARY APPROVAL TO FACILITATE DEVELOPMENT IN THE COMMERCIAL ZONE – 413-415 MULGRAVE ROAD, BUNGALOW Anna Cronin: 8/8/425-01: #573414 PROPOSAL: PRELIMINARY APPROVAL TO FACILITATE

DEVELOPMENT IN THE COMMERCIAL ZONE APPLICANT: CONLAN SUPER FUND P O BOX 567 CAIRNS Q 4870 LOCATION: 413-415 MULGRAVE ROAD, BUNGALOW PROPERTY: LOT 1 ON RP901643, PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: MIXED USE (AREA 7) DCP: DCP 1 – RESIDENTIAL DENSITIES – 400PPH DCP 2 – HEIGHT & IMPACT OF BUILDINGS –

PRECINCT 5 REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: NONE STATUTORY ASSESSMENT DEADLINE: 6 MARCH 2003 DIVISION: 5 APPENDIX: 1. SITE LAYOUT PLAN FOR PROPOSED

MOTOR ACCESSORIES SALES AND FITTING

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LOCALITY PLAN

RECOMMENDATION: A. That Council issue a Preliminary Approval in accordance with Section 3.1.6

of the Integrated Planning Act 1997 for a Material Change of Use (Impact Assessment) for land situated at 413-415 Mulgrave Road, Bungalow described as Lot 1 on RP901643, Parish of Cairns, subject to the following conditions:

Table of Development

Self-Assessable Uses (Permitted) Impact Assessable Uses (Permissible)

Self Assessable uses outlined in the Planning Scheme for Part of the City of Cairns for the Commercial zone.

Impact Assessable uses outlined in the Planning Scheme for Part of the City of Cairns for the Commercial zone.

1. The applicant/owner must provide a minimum 2 metre landscaped

buffer to the rear and eastern boundaries of the site, where it adjoins land included in the residential zone, to the satisfaction of the Chief Executive Officer. Such buffer shall be submitted to and endorsed by the Chief Executive Officer, prior to the issue of a Development Permit for carrying out Building Work; and shall be planted and maintained with dense planting sufficient to provide a definite and effective visual buffer. All landscaping shall be established prior to the commencement of the use.

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2. The applicant/owner must provide a screen fence (minimum height of

1.8 metres and maximum gap of 10mm) to the rear and eastern boundaries of the site, where it adjoins land included in the Residential zone, to the satisfaction of the Chief Executive Officer. The required fencing must be consistent in terms of design and materials with other similar fences in the locality. Details of the screen fence must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Building Work.

3. The applicant/owner is to contribute in accordance with Council’s Policy

provided for as per section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water and sewerage headworks.


payment. Payment is required prior to the issue of a Development Permit for carrying out Building Work.

4. The proposed development is to comply with all of the provisions of the

Planning Scheme for Part of the City of Cairns. CONCURRENCE AGENCY CONDITIONS DEPARTMENT OF MAIN ROADS Permitted Road Access Location

1. Vehicular access between the State-controlled road (i.e. Bruce Highway/Mulgrave Road) and the subject land shall be via a new 6m wide access adjoining the western side boundary of the subject land only.

2. The existing access between the State-controlled road (i.e. Bruce

Highway/Mulgrave Road) and the subject land shall be permanently closed.

3. No other direct vehicular access between the State-controlled road (i.e.

Bruce Highway/Mulgrave Road) and the subject land is permitted. Road Access Works 4. Road access works at the permitted road access location are required

and shall be constructed in accordance with Cairns City Council specifications and requirements.

A recent site inspection indicates that the required access works

require the provision of:

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a. A 6m wide industrial crossing constructed to the specifications and requirements of Cairns City Council at the proposed road access location;

b. Closure of the existing access with the removal of concrete

crossover and apron, regressing and reinstatement of vertical kerbing to match the existing treatments to the specifications and requirements of Cairns City Council; and

c. Reinstatement of vertical kerbing at the abandoned access near

the eastern side boundary of the subject land to the specifications and requirements of Cairns City Council.

5. The applicant/owner shall obtain the approval from the Cairns Office of

the Department of Main Roads and Cairns City Council for the road access works prior to works commencing within the State-controlled road reserve (i.e. Bruce Highway/Mulgrave Road).

6. All required road access works shall be completed to the satisfaction of

the Director-General of the Department of Main Roads and Cairns City Council prior to the commencement of the approved use.

Advertising 7. No advertising device for the proposed development is permitted within

the State-controlled road reserve (i.e. Bruce Highway/Mulgrave Road). Parking 8. No parking associated with the proposed development is permitted

within the State-controlled road reserve (i.e. Bruce Highway/Mulgrave Road).

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

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



3. The provisions of the Integrated Planning Act, the Building Act, the Fire

Safety Act, the Health Act, the Food Act 1981 and all other relevant Acts and Regulations and the Local Laws of the Council from time to time must at all times be observed and performed in relation to the land, the building and the use and occupation thereof.

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4. Signs on the subject land must conform with Council's Local Law No. 28 (Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer.



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

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

B. That Council undertake a consequential amendment to the Planning Scheme

for Part of the City of Cairns pursuant to Section 6.1.34 of the Integrated Planning Act to amend the zone from Residential to Commercial zone in accordance with Development Permit 8/8/425 on Lot 1 on RP901643, Parish of Cairns located at 413-415 Mulgrave Road, Bungalow.

C. That Council notate the property file in regards to the Assessment

Manager’s conditions and the Department of Main Roads requirements being Conditions 1 to 3, and 7 and 8 above.

EXECUTIVE SUMMARY: Council is in receipt of an application for a Material Change of Use (Impact Assessment) for a preliminary approval to facilitate development in accordance with the table of development for the Commercial zone at 413-415 Mulgrave Road, Bungalow. When considering the character of the existing development and the proposal’s suitability for the subject site and surrounding area, it is recommended that the application be approved subject to reasonable and relevant conditions. PLANNING CONSIDERATIONS: Proposal The proposal is to allow the establishment of development in accordance with the table of development for the Commercial zone. The applicant intends to develop the site for motor accessories sales and fitting purposes (Vehicle Repair Station), which is a self-assessable use in the Commercial zone (refer to Appendix 1). However, the applicant is seeking a broader range of use rights should the client decide not to go ahead with the motor accessories business. A site layout plan is located at Appendix 1. Strategic Plan/DCP The Strategic Plan includes the subject site within the Mixed Use (Area 7) Preferred Dominant Land Use in the Planning Scheme for Part of the City of Cairns.

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The permitted uses being sought are generally consistent with the preferred uses in the mixed use area and surrounding area. In particular, the subject site is in proximity to land included in the Light Industrial zone, Commercial zone, and Special Facilities zone (vehicle repair station – tyre and accessories sales and fitting) to the west; and land included in the Business zone and Special Facilities zone (funeral parlour, and service station and automatic mechanical car wash with an ancillary shop/catering industry component) to the east. Therefore the proposal is considered compatible with the Mixed Use area given the location of the subject land, the preferred uses and surrounding land use pattern. Land Zoning Despite its mixed use designation in the Strategic Plan, the subject site is included within the Residential zone in the Planning Scheme. The subject land has access to Mulgrave Road, which is a State controlled road and subsequently is subject to high volumes of traffic that has largely eroded the residential amenity of existing residential properties in Mulgrave Road. Due to this, surrounding land uses are largely characterised by light industrial, commercial, business and service land uses. The site is currently vacant and is zoned for residential purposes, however it is more appropriate for the site to be developed for commercial and service land uses when considering the surrounding land use pattern and the Strategic Plan intent. Therefore, although the proposed development is not consistent with the Residential zoning of the subject site, it is considered appropriate in the context of surrounding land uses and the strategic intent of the area. Public Notification/Submissions Public notification was carried out in accordance with Section 3.4 of the Integrated Planning Act 1997 and no submissions were received. Impact of Proposal Section 6.1.29 of the Integrated Planning Act requires Council as the Assessment Manager, to consider a range of matters to the extent that they are relevant to the application. Those matters requiring further consideration by Council are discussed below. The proposal is compatible with the surrounding land use pattern and therefore considered suitable for the subject site. Although the site adjoins land zoned Residential to the south, all development must comply with the requirements of the Development Control Plan, which requires any development occurring within the Commercial zone that abuts land zoned Residential to be setback at least 2 metres from the side and rear boundaries. However, it should be noted that this land is also designated for commercial, business and service land uses in the Strategic Plan and may be developed for a variety of non-residential uses, subject to Council approval. A condition will be included to ensure any proposed development of the subject site complies with the requirements of the Planning Scheme and Development Control Plans.

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In order to reduce the impact of the proposed development on the amenity of the adjoining dwellings, a condition has been included within the recommendation requiring a 1.8 metre screen fence on the side and rear boundaries. In addition, a landscaped area is proposed along the southern and part of the eastern boundary to reduce the visual impact on the adjoining residential properties. The proposed development is not expected to give rise to any detrimental impacts in respect to noise, traffic and amenity issues. Referral Agency Comment The subject land has direct access to Mulgrave Road, which is a State-controlled road. Subsequently, the application has been referred to Department of Main Roads and their conditions of approval have been included within the recommendation. HEADWORKS/CONTRIBUTIONS: The following Developer Contributions are applicable to the proposed nominated development (vehicle repair station).

Element Comment Calculation Contribution Water Supply

District 10: $3,414.84/EDC Commercial use on lot with area of 1,278m2 (0.5 + 0.1/200m2) – 1.14 EDC Less credit for existing residential use – 1.2 EDC Demand: Credit exceeds demand

Credit exceeds demand

Nil

Sewerage District 26: $2,946.69/EDC Commercial use on lot with area of 1,278m2 (0.5 + 0.1/200m2) – 1.14 EDC Less credit for existing residential lot – 1 EDC Demand: 0.14 EDC

0.14 EDC x $2,946.69

$412.54

Traffic Not involving residential development N/A Nil Drainage Not applicable for the CBD and Environs DMP N/A Nil Open Space

Not involving subdivision of land N/A Nil

Anna Cronin Action Officer Nikki Huddy Acting Manager, City Assessment

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APPENDIX 1

89

ORDINARY MEETING

27 FEBRUARY 2003

13 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – INDOOR ENTERTAINMENT (ICE SKATING RINK) – 43 – 47 ANDERSON STREET, MANUNDA. Allisen Wright: 8/8/430: #593999 PROPOSAL: INDOOR ENTERTAINMENT (ICE SKATING RINK) APPLICANT: TNGR PTY LTD TRADING AS TROPICAL ICE SKATING P O BOX 139M MANUNDA QLD 4870 LOCATION: 43 – 47 ANDERSON STREET MANUNDA PROPERTY: LOT 4 ON RP 743167, PARISH OF CAIRNS ZONE: LIGHT INDUSTRY STRATEGIC PLAN: MIXED USE – AREA 10 DCP: HEIGHT AND IMPACT OF BUILDINGS – PRECINCT 5 REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS (CONCURRENCE AGENCY) NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 14 MARCH 2003 DIVISION: 6 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

BUILDING FOOTPRINTS

Camping World BuildingIce Skating Building

(formerly Indoor Cricket)

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RECOMMENDATION: A. That Council approve the application for Material Change of Use (Impact

Assessment) for establishment of an Indoor Entertainment (Ice Skating Rink) on land described as Lot 4 on RP 743167 located at 43 – 47 Anderson Street, Manunda subject to the following conditions:-

Assessment Manager Conditions

1. The applicant/owner must at all times during the development of the

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

a. The approved Plans 03-079, D01/01 and D01/02, dated Nov 02,

attached as Appendix 1;

b. The plans, specifications, facts and circumstances as set out in the application submitted to Council; and

c. The provisions of Council’s Development Manual.

Except where modified by these conditions of approval and any endorsement issued thereunder.

Hours of Operation 2. Hours of operation permitted by this approval are restricted to the

following: Saturday and Sunday 6.00 am to 11.00 pm Monday to Friday 6.00 am to 10.00 pm

Car Parking and Access Requirements 3. a. The car parking must be constructed in accordance with Council’s

Development Manual specifications prior to commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all car parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

b. The access, parking and set-down/turning area must be provided

in accordance with the design shown on the approved Site Plan 03-079 D01/01, dated Nov 02, prior to the commencement of the use.

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c. Bike racks must be provided generally in the location shown on the approved Site Plan.

d. Council reserves the right to require the access arrangements to be modified in accordance with the existing layout in the event that the parking provided under the proposed arrangement is insufficient for the operation of the uses on the site.

Water Saving 4. All new toilets in the Indoor Entertainment must be fitted with dual flush

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

Signs 5. Details of any signage proposed in association with the development

must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Building Work. In particular, the development must provide clear and legible signage incorporating the street numbers for the benefit of the motoring public.

Night Lighting 6. All night lighting must be designed and constructed to the satisfaction

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

Environmental Conditions 7. Liquid wastes to be disposed of to the satisfaction of the

Superintendent of the Council’s Trade Waste Section. 8. In respect to the use and application of ethylene glycol the following

applies:

a. Ethylene glycol will be diluted with water to less than 50%p b. Qualified refrigeration mechanics will be engaged to perform

maintenance service on regular basis. c. Ethylene glycol must only be circulated through a sealed piping

system and handled by professionals when in its pure form. d. Sand bags must be kept on site for emergency situations. e. A fire house reel must be kept and maintained at all times for

dilution purposes.

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f. All waste water must enter the sewer via a Trade Waste

Agreement. g. Protective gloves must be stored in the plant area.

9. Any incident of environmental significance must be reported to Cairns

City Council Environmental Protection Unit, in accordance with Section 37 (Duty to notify) of the Environmental Protection Act 1994.

10. In the event of the sand bags specified in 8(d) above being used to mop

up ethylene glycol spillage, disposal must be undertaken in consultation with Cairns City Council’s Environmental Protection Unit.

11. Removal of the ethylene glycol must be undertaken by a licensed waste

transporter to a licensed waste facility with twenty-eight (28) days of the ice-skating rink operation ceases commercial operation.

12. The operator of the use must undertake and maintain a management

plan for the indoor facility to maintain a high standard of amenity for the subject site and to ensure that detriment will not be cause to the surrounding neighbourhood as a result if the conduct of the indoor entertainment activity.

13. If food is to be sold on the premise, all operations must comply with the

Food Act 1981 and the Food Hygiene Regulations 1989. Under the Food Hygiene Regulation 1989 an application for a food licence and registration is to be submitted to Councils Public Health Unit accompanied by an application to construct and or refit a food premise prior to operations.

CONCURRENCE AGENCY (DEPARTMENT OF MAIN ROADS) CONDITIONS 1. Permitted Road Access Location (i) Vehicular access between the State-controlled road (ie. Anderson

Street) and the subject land shall be via the existing access located about 2.8 m from the eastern side boundary of the subject land only.

(ii) No other direct vehicular access between the State-controlled road

(ie. Anderson Street) and the subject land is permitted. 2. Advertising No advertising device for the proposed development is permitted within

the State-controlled road reserve (ie. Anderson Street).

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3. Parking No parking associated with the proposed development is permitted

within the State-controlled road reserve (ie. Anderson Street). B. In accordance with the Department of Main Roads request, that the

Concurrence Agency (Department of Main Roads) conditions relating to Permitted Road Access Location, Advertising and Parking be noted on Council’s Rates Record for the property, Lot 4 on RP 743167.

ADVICE

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








EXECUTIVE SUMMARY: Council is in receipt of an application to establish an Indoor Entertainment (Ice Skating Rink) within an existing building located at 43 – 47 Anderson Street, Manunda. A proposal plan is attached as Appendix 1. The proposal is consistent with the intent of the Planning Scheme for Part of the City of Cairns, particularly the Strategic Plan. The proposal generally satisfies the detailed provisions of the Planning Scheme. It is recommended that the application be supported subject to conditions.

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TOWN PLANNING CONSIDERATIONS: Background The proponents have successfully operated an Ice Skating Rink at 50 McLeod Street in the Central Business District under a planning approval granted by Council in March 1999. The unexpected termination of their tenancy in those premises has forced the proponents to find another suitable premises in which to re-establish the facility. Proposal The proposal is to establish an Indoor Entertainment (Ice Skating Rink) within an existing building situated at 43 – 47 Anderson Street, Manunda. The site has an area of 3192 m2 and is developed with two buildings, together with car parking, landscaping, loading bay and refuse storage area. The building at the front of the site was constructed as, and is utilised as, a showroom. The building at the rear of the site is to accommodate the proposed Ice Skating Rink. Until recently, this building has been used for Indoor Entertainment in the form of indoor cricket. The greater part of the building will be utilised for the skating rink. A kiosk (soft drinks and confectionery), skate hire, change rooms, toilets and amenities will be located at one end of the building. A mezzanine area above these facilities will accommodate a small office and a pro shop display cabinet. The existing internal driveway and part of the existing parking area are to be modified to provide a vehicle turning and set-down area. The compressor, pumps and tank required to create the rink surface will be located at the rear, and outside, of the building. The walls surrounding this equipment will be designed and constructed to attenuate noise. Strategic Plan The site is included within the Mixed Use Area designation on the Strategic Plan. This designation indicates a number of areas where a mix of business, commercial and other uses is considered to be appropriate. The detailed provisions of the Strategic Plan set out the preferred range of uses for each particular area within the designation. The site is within Mixed Use Area 10. The preferred uses for this area include: Light Industry Showrooms Offices Indoor Entertainment The proposal to establish a new Indoor Entertainment on the site is entirely consistent with the Strategic Plan.

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Development Control Plan 2 – Height and Impact of Buildings The site is included within Precinct 5 under the DCP. The controls established within this Precinct which are applicable to buildings in the Light Industry zone are limited to height and plot ratio, the existing buildings satisfy these provisions. Land Zoning The land is zoned Light Industry. The intent of the Light Industry zone does not make any reference to Indoor Entertainment. However, given that the building proposed to accommodate the Ice Skating Rink has been used for indoor cricket for a considerable time and given that Indoor Entertainment is identified as a preferred use in this Mixed Use Area, the continuation of Indoor Entertainment, albeit in a different form, in this location in the Light Industry zone is considered to be acceptable. Public Notification/Submissions Public Notification of the application was carried out between 22 January and 14 February 2003 inclusive. No submissions on the application were received during the notification period. Impact of Proposal The provisions of the Planning Scheme relating to Indoor Entertainment are limited. An assessment of the proposal, particularly in relation to parking, is set out below.

Planning Scheme Requirements

Proposed Development Compliance

Maximum Height: 10 m 6.6 m Complies Maximum Plot Ratio: 15:1 0.52:1 Complies Car Parking Existing Showroom 681 m2 @ 1 space/50 m2 = 14 spaces Indoor Entertainment (Ice Skating Rink) No specific requirement

21 spaces

See discussion below

Car Parking Information on traffic generation and peak parking demand was provided by the proponent’s consultants in response to an Information Request.

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The following information was provided based on the proponent’s experience from the operation of the Ice Skating Rink in the previous location in the Central Business District. • During normal business and school hours, students would arrive by bus for drop

off and pick up only. Approximately 2 vehicles present. • School holidays and after school care sessions would have approximately 40

students dropped off by bus and about 20 separate drop offs. Again, approximately 2 vehicles were present.

• After hours sessions on Friday nights average 70 persons, most of them drop offs

with approximately 6 vehicles present. • After hours sessions on Saturday nights average 20 persons, again most of them

drop off with approximately 2 vehicles present. • 8 on-street parking spaces are available to the subject site. The Planning Scheme does not contain a specific parking requirement for an Ice Skating Rink. A parking rate that could be applied is the rate for Unlicensed Clubrooms of 1 space per 45 m2 of net lettable area contained within the parking requirements for Indoor Entertainment. At this rate, the Ice Skating Rink would generate a requirement for some 20 parking spaces. The gross parking requirement for the Ice Skating Rink and the Showroom would be 34 spaces. A total of 35 car parking spaces are currently provided on the site. However, it is proposed to modify the existing access and parking arrangements to provide a vehicle turning and set-down area. This is on the basis that the majority of the patrons are primary or high school children who will be dropped at the facility by parents, as was the experience with the McLeod Street facility. This results in the loss of 14 spaces. Bike racks are to be provided adjacent to the entrance to the building to cater for cyclists such as high school students. The proposed arrangement is considered to be acceptable because previous experience indicates the majority of patrons are unlikely to drive vehicles to the facility and the peak parking demand for the facility is unlikely to coincide with the peak parking demand for the showroom.

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HEADWORKS / CONTRIBUTIONS: The previous use of the building was for Indoor Entertainment (indoor cricket), the proposed use of Indoor Entertainment (ice skating rink) will not create an increase in demand and as such no water or sewerage headworks are applicable. Traffic contributions are only applicable for residential development and there are no drainage contributions for the CBD and Environs drainage management plan. Therefore it is recommended that no headworks contributions be levied on this development application. Allison Wright Team Leader, City Assessment Action Officer Nikki Huddy Acting Manager – City Assessment

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APPENDIX 1

101

ORDINARY MEETING

27 FEBRUARY 2003

14 MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – ANIMAL HUSBANDRY (GENERAL) – POOLWOOD ROAD, KEWARRA BEACH Neil Beck: 8/8/424-01 : #590074 PROPOSAL: ANIMAL HUSBANDRY (GENERAL) - KEEPING

OF 2 HORSES APPLICANT: MS MARNIE AWRAM LOCATION: LOT 18 & 19 POOLWOOD ROAD, KEWARRA

BEACH PROPERTY: LOT 18 & 19 ON RP718406, PARISH OF

SMITHFIELD ZONE: RESIDENTIAL 2 STRATEGIC PLAN: URBAN DCP: HILLSLOPES – CATEGORY A REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: ONE STATUTORY ASSESSMENT 19 MARCH 2003 DEADLINE: DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council approve the development application for Material Change of Use (Impact Assessment) for the establishment of an Animal Husbandry – General (Keeping of 2 Horses) in conjunction with the use of the land for the purpose of a dwelling at Lot 18 & 19 Poolwood Road, Kewarra Beach, more particularly described as Lot 18 & 19 on RP718406, Parish of Smithfield subject to the following conditions: Assessment Manager Conditions 1. The applicant/owner must at all times during the development of the subject

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

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

application submitted to Council; and b. The provisions of Council’s Development Manual. Except where modified by these conditions of approval and any

endorsement issued hereunder.

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Number of Animals 2. No more than two (2) horses can be kept on the subject land (i.e. lots 18 and

19 combined shall have no more than 2 horses) at any one time, unless otherwise approved by the Chief Executive Officer.

3. In the event that the area available for Animal Husbandry is less than 4000m2

this approval will cease to be valid, and the animal husbandry use must cease.

Fencing Requirement 3. When present on the subject land, the horses must be kept within a suitably

fenced paddock to ensure their containment. ADVICE 1. The provisions of the Integrated Planning Act, the Building Act, the Fire

Safety Act, the Health Act, the Food Act 1981 and all other relevant Acts and Regulations and the Local Laws of the Council from time to time must at all times be observed and performed in relation to the land, the building and the use and occupation thereof. In particular the applicant’s attention is drawn to Council’s Local Law No. 12 Control of Animals.





EXECUTIVE SUMMARY: Application has been lodged to keep two horses on two residential allotments which are separately owned. The combined area of the two allotments is extensive and can suitably support the use without causing detriment to the horses or the amenity of the surrounding area. One submission was received in support of the proposal. The report recommends the application be approved subject to conditions.

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TOWN PLANNING CONSIDERATIONS: Proposal The combined site area of the two residential allotments is approximately 4 hectares (10 acres). Residential development adjoins both the eastern and western boundaries. The applicant proposes to utilise the land for the keeping of no more than two horses. The applicant has advised that they have spent a considerable amount of money fencing the property and the horses are contained within the allotments at all times. Strategic Plan/DCP While the use is normally associated with rural land, the subject land is of sufficient size to support the proposal. The use on the subject land is not considered to negatively impact upon the future development of neighbouring land or impact on the adjoining residents. Land Zoning & Impact of Proposal While the use is not normally found in Residential 2 zones, the site is of sufficient size to support the use. It is not considered that a nuisance will be generated by the proposal that would detrimentally affect the amenity of neighbouring residential properties. Part D, Section 3.9.6 of the Planning Scheme for the Balance of the City of Cairns requires that the area of land on which horses are kept must be a minimum of 2,000m2 for two horses. The land greatly exceeds this requirement. No concerns are raised with the proposal and approval of the application is recommended. Public Notification Public notification was carried out in accordance with Section 3.4 of the Integrated Planning Act 1997 and one submission of support was received. The submitter acknowledged that fire hazard reduction is a benefit of keeping horses on the property. There is no planning objection to the proposed use. HEADWORKS / CONTRIBUTIONS: No headworks or contributions are applicable for an Animal Husbandry – General use. Neil Beck Nikki Huddy Planning Officer Acting Manager – City Assessment Action Officer

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ORDINARY MEETING

27 FEBRUARY 2003

15 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – DUAL OCCUPANCY – 14 ALBATROSS STREET, KEWARRA BEACH Allisen Wright: 8/8/415-01: #593740 PROPOSAL: DUAL OCCUPANCY APPLICANT: TR & PH YOUNG C/- TONY CICCIARELLO P O BOX 159 EARLVILLE QLD 4870 LOCATION: 14 ALBATROSS STREET KEWARRA BEACH PROPERTY: LOT 17 ON RP 737556, PARISH OF SMITHFIELD ZONE: RESIDENTIAL 1 STRATEGIC PLAN: URBAN DCP: HILLSLOPES – CATEGORY A PROTECTION OF AIRPORT INSTALLATIONS – NOT AFFECTED BY CONSTRAINTS REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: THREE (ONE PETITION SIGNED BY 20

RESIDENTS) STATUTORY ASSESSMENT DEADLINE: 27 FEBRUARY 2003 DIVISION: 11 APPENDIX: 1. SITE LAYOUT PLAN AND ELEVATIONS

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LOCALITY PLAN

RECOMMENDATION: That Council approve the application for Material Change of Use (Impact Assessment) for development of a Dual Occupancy on land described as Lot 17 on RP 737556 located at 14 Albatross Street, Kewarra Beach subject to the following conditions: -

Assessment Manager Conditions

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

land carry out the development and construction of any building thereon and conduct the approved use generally in accordance with: a. The approved Plans GE 91203 (Issue C), dated Feb 03, attached as

Appendix 1; b. The plans, specifications, facts and circumstances as set out in the

application submitted to Council; and

c. The provisions of Council’s Development Manual.

Except where modified by these conditions of approval and any endorsement issued thereunder.

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Car Parking and Access Requirements

2. The car parking layout must be designed in accordance with Australian

Standard AS2890.1 1993 Parking Facilities - off street car parking, except as varied with the consent of the Chief Executive Officer and in particular manoeuvring space must be provided to enable all vehicles to enter and exit the site in forward gear.

3. The car parking and driveway must be constructed in accordance with the approved plan and Council's Development Manual specifications prior to commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer; in particular the driveway must have a minimum width of 4.6 metres.

Landscaping Plan

4. The applicant/owner must landscape the subject land in accordance with Development Manual, Part 4 – Landscaping and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a development permit for Building Work. In particular, the plan must show: a. Landscaping of the front setback area, being a minimum 3 metre wide

buffer. Such buffer shall be planted and maintained with dense tropical landscaping sufficient to provide a definite and effective visual barrier.

5. Areas to be landscaped must be established prior to the commencement of

the use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Fencing

6. a The applicant/owner must provide a screen fence (minimum height of 1.8 metres and maximum gap of 10mm) to the side and rear boundaries of the subject land unless written advice is provided from the respective adjoining property owners that existing fencing to the respective common boundaries is acceptable.

b. The applicant owner must provide a fence (minimum height of 1.2

metres) to the front property boundary.

c. The required fencing must be consistent in terms of design and materials with other similar fences in the locality. Details of the fencing must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.

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Water Saving

7. All toilets in the Dual Occupancy must be fitted with dual flush cisterns and

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

Refuse Collection

8. Refuse storage is required to service the site in accordance with Council’s requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from Cairns Water Division.

Lawful Point of Discharge

9. The applicant/owner must ensure that the flow of all stormwater from the property is directed to a lawful point of discharge being Kewarra Street, such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Building Over/Adjacent Sewer

10. The applicant must either:

a. Relocate the existing sewer or site the proposed buildings such that the

sewer is a minimum of 1.5 metres away from the buildings and clear of the zone of influence from the footings and foundations of any buildings/structures; or

b. Replace the existing sewer main under or within 1.5 metres of the buildings and within the zone of influence of the footings and foundations with UPVC sewer pipe class SEH.

All the above sewer works must be designed and constructed in accordance with Council's Development Manual and the building footings must be designed so as not to place any load on the sewer. The details of the building footings adjacent to the sewer must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Sewerage Contributions

11. The applicant/owner must contribute in accordance with Council’s policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of sewerage headworks.

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payment. On the present method of calculation, the estimated total headworks contributions are $697.98 (0.2 EDC) for sewerage. Payment is required prior to the issue of a Development Permit for Building Work.



The contribution rate is that which is current at the time of payment. The

current rate of contribution is $1,047.76 (0.5 ERA). Payment is required prior to issue of a Development Permit for Building Work.

External Works

13. The applicant/owner must at its own cost undertake the following works

external to the subject land:

a. Provision of a concrete crossover and apron to the Dual Occupancy on the Albatross Street frontage; and

b. Removal of any redundant concrete crossover, and reinstate kerb and

channel.

Three copies of a plan of works must be submitted to and endorsed by the Chief Executive prior to the commencement of the use. Such works shall be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of the use.

Noise 14. Noise from either air conditioning units, swimming pool filters, service

equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A - Environment Nuisance).

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Timing of Effect 15. The conditions of the development permit must be effected prior to the


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






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

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



_____________________________________________________________________ EXECUTIVE SUMMARY: Council is in receipt of an application to establish Dual Occupancy at 14 Albatross Street, Smithfield. A proposal plan is attached as Appendix 1. The proposal is consistent with the intent of the Planning Scheme for the Balance of the City of Cairns, particularly the intent of the Residential 1 zone. The proposal satisfies, or can satisfy, the detailed provisions of the Planning Scheme relating to Dual Occupancy. It is recommended that the application be supported subject to conditions.

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TOWN PLANNING CONSIDERATIONS: Proposal The proposal is to construct a Dual Occupancy on a vacant site with an area of 800 m2 and situated at 14 Albatross Street, Kewarra Beach. The Dual Occupancy is to be comprised of two separate single storey buildings. One building is to be situated towards the front of the site, while the second building is to be off-set from the first building and situated towards the rear of the site. Each building incorporates a carport, while two visitor parking spaces are to be provided in tandem to each car port, as permitted by the parking provisions of the Planning Scheme. The site is vacant and does not contain any vegetation. A Site Layout Plan is attached at Appendix 1. Strategic Plan The site is included within the Urban Preferred Dominant Land Use on the Strategic Plan. Areas designated Urban are the areas suitable for residential, and other urban uses. The site is included in the Urban Residential Housing Area on the Residential Housing Strategy Diagram. Hillslopes Development Control Plan The site is designated Category A – Unconstrained under the DCP. The site is not constrained by factors such as slope or being in a location of high visual prominence and so this designation is not affected. Protection of Airport Installations Development Control Plan The site is within the DCP area but is not affected by constraints such as the Obstacle Limitation Surface or the Australian Noise Exposure Forecast contours. Land Zoning The land is zoned Residential 1. The intent of the zone indicates that the zone is intended to allow for residential development predominantly in the form of single detached dwellings. Some higher density housing may be permitted. However, this will be limited to small lot developments to a minimum site area of 300 m2 and Dual Occupancy.

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The proposal is considered to be in accordance with the intent of the zone. Public Notification/Submissions Public notification of the proposal was carried out between 08 January and 28 January 2003 inclusive. Three submissions were received during the notification period, with one of the submissions being signed by 20 residents of Kewarra Beach. The public notification period is considered to be two days short of the 15 clear business days specified as the notification period. Section 3.4.8 of IPA allows Council, as the assessment manager, to assess and decide an application even if some of the requirements relating to public advertising have not been complied with, if the assessment manager is satisfied that any non compliance has not: • adversely affected the awareness of the public of the existence and nature of the

application; or • restricted the opportunity of the public to make submissions. Given that three submissions were received with one of these being signed by 20 residents, it is considered that the public has not been adversely affected or restricted in the opportunity to make a submission. It is considered that Council may assess and decide the application. The grounds of objection set out in the submissions are summarised as follows:- • The area is not suited for duplexes. • The proposed development will lower values in the neighbourhood and will

change the character of the area if it proceeds. • The neighbourhood has two Dual Occupancy properties within 100 metres:

one developed by the Housing Department; and one in private ownership which is poorly maintained.

• The residents wish to maintain the lifestyle and market climate unique to the

Northern Beaches and wish to limit the various problems, including high rental and transient residents, encountered by many nearby city suburbs.

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• There is a lack of detail in that the application does not contain information

on:

- site area - proposed gross floor area - number and dimensions of on site car parking spaces - building height/number of storeys. Consequently, it is difficult to assess the potential impacts of the proposed development. The application is not well made and there is not enough information to allow Council to make a proper assessment.

• The proposal is considered to be an over-development of the site, with the

construction of two dwellings being inconsistent with reasonable expectations regarding development of the site and the immediate area.

• The proposal has the potential to double the number of people living on the

site and thus increase the number of cars and traffic movements. The proposal should satisfy Council’s parking and access guidelines.

• The design of the proposed development, particularly the setbacks from

adjoining properties, should ensure that adjoining properties are not affected by noise.

• The proposed development will have a negative impact on the streetscape

as the buildings do not address the street. • The design of external lighting for the proposed development should ensure

that adjoining properties are not affected. • There are no details of proposed fencing. Any proposed changes to existing

arrangements should be made available to adjoining property owners for comment.

• Building materials should be non-reflective to ensure that other properties

are not affected by glare. • There is insufficient detail of proposed landscaping. Landscaping should be

encouraged, particularly adjacent to boundaries, to screen the proposed development.

OFFICERS COMMENTS The dominant zoning in the area of Kewarra Beach accessed by Cottesloe Drive, Albatross Street, Kewarra Street and Gannet Street is Residential 1. The dominant form of development in this area is detached dwellings with a significant proportion being single storey or low-set dwellings. Notwithstanding this, there are a number of established Dual Occupancies in this area.

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As noted above, the intent of the Residential 1 zone indicates that some higher density housing may be permitted. This will be limited to small lot developments and Dual Occupancy. It is not accepted that the area is not suited for Dual Occupancy. A total of 40 allotments have a frontage to Albatross Street. Five of these allotments contain established Dual Occupancies, with two being located on corner sites. If this proposal proceeds, there will be six Dual Occupancies along the full length of the street. This is not considered to be excessive or to affect the character of the area. It is considered that there is very limited potential for additional Dual Occupancies to be established through the conversion or redevelopment of existing dwellings. Whether or not there may be an effect on property values is not considered to be a relevant town planning issue. It is acknowledged that the original application did not contain sufficient information. Additional information, including a more detailed site plan showing details of fencing, car parking and some information on landscaping, was submitted in response to an Information Request. The Planning Scheme sets out detailed requirements for Dual Occupancies, a number of which relate to the matters of detail identified by one of the submitters. It is considered that the majority of the submitter’s concerns can be alleviated if these requirements are satisfied and, where necessary, conditions imposed to ensure that this is achieved. Impact of Proposal The proposal has been assessed against the relevant provisions of the Planning Scheme, particularly the provisions relating to Dual Occupancy. The results of the assessment are outlined below. Planning Scheme Requirements Proposed Development Compliance Car Parking – 1 covered space and 1 visitor’s space per dwelling unit

1 covered space and 1 visitor’s space per dwelling unit

Complies

Maximum Site Coverage: 50% Less than 50% Complies Maximum Building Height: 7 m 2.55 m Complies Maximum Site Density: 70 ppha i.e. 5.6 people

75 ppha i.e. 6 people Does not comply – see comments below

Minimum Street Setback: 5 metres (Access Street)

Carport encroaches into 5 metres setback. Setback to Dwelling greater than 5 metres

Generally complies

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Specific Provisions for Dual Occupancy Character and style of buildings to be consistent with surrounding area

Dwellings to be constructed in similar materials and single storey consistent with the majority of dwellings in the immediate area.

Complies

Dwelling units to be separated Units are separated by open space and a parking space

Complies

Rear units to be obscured from street

Rear unit is obscured by front unit

Complies

A minimum 3 metre wide landscape strip to be provided along property frontage

Not shown on plan but can be provided

Condition to be included to ensure compliance

Side fencing: all side and rear boundaries to be provided with a 1.8 m high screen fence

1.8 m high screen fence shown on plan submitted in response to Information Request

Complies

Front fencing: can be provided to a height of 1.2 m

Front fence shown on plan submitted in response to Information Request

Complies

Vehicles must leave the property in a forward direction

Generally acceptable but design can be improved

Condition to be included to ensure compliance

Minimum driveway width: 4.6 m 4.6 m wide driveway Complies Surface treatment of driveways and hard standing areas to be impervious

Concrete driveways and parking spaces

Complies

Site Density The density of the proposed development requires some consideration. The minimum site area for Dual Occupancy is 800 m2. The site has an area of 800 m2. The maximum density in the Residential 1 zone is 70 persons per hectare. A site area of 857m2 is required to develop a Dual Occupancy containing two x 2 bedroom dwellings and to maintain the density of 70 persons per hectare (i.e. 5.6 people). It would seem there is a minor inconsistency between the minimum area and the maximum density. The density of the proposed development is 75 persons per hectare, (i.e. 6 people) marginally above the specified maximum of 70 persons per hectare.

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Part D, Section 1.7.1 of the Planning Scheme allows Council to permit a higher site density in some circumstances. Given that there is a minor inconsistency in the Planning Scheme and given that the proposed development can satisfy the specific requirements relating to Dual Occupancy, it is considered that a minor increase in density to 75 persons per hectare is acceptable. HEADWORKS / CONTRIBUTIONS: The following Developer Contributions are applicable to the proposed development.

Element Calculation Comment Contribution Water District: Clifton East, #4:

W2: $3,691.48/EDC (Mar 03’) Demand 2 x 2 Bedroom units @ 0.5EDC/unit = 1.0EDC Credit 1 x Residential Lot 401m2-900m2 = 1.0EDC Net Demand: 0.0EDC

Nil

Nil

Sewerage District: Kewarra Beach, #5: W2: $3,489.88/EDC (Mar 03’) Demand 2 x 2 Bedroom units @ 0.6EDC/unit = 1.2EDC Credit 1 x Residential Lot 401m2-900m2 = 1.0EDC Net Demand: 0.2EDC

0.2EDC @ $3,489.88/EDC

$697.98

Road/Traffic Cairns City Council Traffic Management Plans, Trinity Kewarra, #2,095.52/ERA Demand 2 x 2 Bedroom units @ 0.75ERA/unit = 1.50ERA Credit 1 x Single dwelling = 1.0ERA Net Demand: 0.5EDC

0.5ERA @ $2,095.52/ERA

$1,047.76

Drainage No drainage management plan applicable Nil Nil Park No subdivision of land proposed Nil Nil Allisen Wright Team Leader, City Assessment Action Officer Nikki Huddy Acting Manager – City Assessment

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APPENDIX 1

119

ORDINARY MEETING

27 FEBRUARY 2003

16 MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – ACCOMMODATION UNITS – 106 MCLEOD STREET, CAIRNS CITY Jenny Elphinstone: 8/8/417-01: #591930 PROPOSAL: ACCOMMODATION UNITS (MEDIUM DENSITY) APPLICANT: LAURENCE COURT PO BOX 1240E EARLVILLE QLD 4870 LOCATION: 106 MCLEOD STREET, CAIRNS CITY PROPERTY: LOT 156 ON C1983 ZONE: CENTRAL BUSINESS STRATEGIC PLAN: CENTRAL BUSINESS DISTRICT DCP: DCP 1 – RESIDENTIAL DENSITY – 800PPH DCP 2 – HEIGHT & IMPACT OF BUILDINGS –

PRECINCT 2 REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 4 MARCH 2003 DIVISION: 6 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: A. That Council issue a Preliminary Approval in accordance with Section 3.1.6

of the Integrated Planning Act 1997 for a Material Change of Use (Impact Assessment) for Accommodation Units (Medium Density) (10 Units) at 106 McLeod Street, Cairns City more particularly described as Lot 156 on C1983, subject to the following code:

1. Table of Development

Self-Assessable Uses

Code Assessable Uses Impact Assessable Uses

Self Assessable uses outlined in the Planning Scheme for Part of the City of Cairns for the Central Business zone.

Accommodation Units (Medium Density) (10 Units) generally in accordance with the approved plans WD01 BA Plans 1-4 of 7 inclusive, dated 19 April 2002, by Tony Driscoll, unless amended by conditions of this approval or conditions of the Development Permit.

Impact Assessable uses outlined in the Planning Scheme for Part of the City of Cairns for the Central Business zone.

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2. The applicant is provide a Landscaped Open Space Area generally in accordance with the approved plans. A contribution is to be paid for the shortfall in Landscaped Open Space in accordance with the (Draft) Cairns Inner City LAOSMP. The contribution must be paid at the rate applicable at the time payment is made. On the present method of calculation, the estimated total contribution is $7,719.80 (15.95 persons x $484/person) based on the provision of 186m2 of landscaped open space area. Payment is required prior to the commencement of the use or the issue of a certificate to occupy the building, whichever occurs first.

3. The applicant is to contribute in accordance with Council’s Policy

provided for as per section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water and sewerage headworks.


payment. The amount of the payment and the timing of payment must be in accordance with the requirements outlined in the Development Permit.

4. The proposed development is to comply with all of the provisions of the

Planning Scheme for Part of the City of Cairns except for those that conflict with the provisions of this Preliminary Approval.

B. That Council issue a Development Permit for a Material Change of Use (Code

Assessment) for the Accommodation Units (Medium Density) (10 Units) at 106 McLeod Street, Cairns City, described as Lot 156 on C1983, subject to the following conditions:

Assessment Manager Conditions 1. The applicant/owner must at all times during the development of the

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

a. The approved plan attached as Schedule A; b. The plans, specifications, facts and circumstances as set out in

the application submitted to Council, including the proposed building setback and provision of communal landscaped open space (those plans being generally in accordance with the approved plans WD01 BA Plans 1-4 of 7 inclusive, dated 19 April 2002, by Tony Driscoll); and

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c. The provisions of Council’s Development Manual, Except where modified by these conditions of approval and any

consent or endorsement issued thereunder; and any consent or endorsement issued pursuant to these conditions of approval.

Timing of Effect 2. The conditions of the development permit must be effected prior to the


Parking Design 3. A minimum of 10 car parking spaces must be provided on-site. The car parking layout must be designed/redesigned in accordance

with Australian Standard AS2890.1 1993 Parking Facilities - off street car parking, except as varied with the consent of the Chief Executive Officer.

Parking Construction 4. The car parking must be constructed in accordance with Council's

Development Manual specifications prior to commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all car parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Landscaping Plan 5. The applicant/owner must landscape the subject land and street

frontage in accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Building Work. In particular, the plan must show:

a. Planting of the footpath with trees. b. Landscaping of front setback areas, to the full extent of the

“landscape area” adjacent to the proposed “refuse area”; and landscaping behind the front fence to achieve a spill of landscaping above the fence line.

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Landscaping Establishment 6. Areas to be landscaped must be established prior to the

commencement of the use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Water Supply and Sewerage Contributions 7. The applicant/owner must contribute in accordance with Council's

policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.


payment. On the present method of calculation, the estimated total headworks contributions are $17,723.04 (5.19 EDC) for water and $13,733.73 (6.19 EDC) for sewerage.

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

carrying out Building Work. Water Supply And Sewerage Works External 8. The applicant/owner must carry out water supply and sewerage works


In particular, at the time of building, the allotment must be provided

with a single internal water connection and a single internal sewer connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.

The sewer house connection branch is to be upgraded to a 150mm

diameter service, if not already done so. Three (3) copies of a plan of the works must be submitted to and must

be endorsed by the Chief Executive Officer prior to the application for a Development Permit to carry out Operational Works or Building Works.

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

to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the commencement of use.

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Existing Services 9. The applicant is to provide written confirmation of the location of the

existing services for the subject land. In any instance where the existing services are contained within another lot, then the applicant shall either:

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

services, which are located within another lot prior to or in conjunction with the submission of the plan of Survey creating the Lot.

Minimum Fill and Habitable Floor Levels 10. All habitable floor levels in all buildings must be located 300mm above

the Q100 flood immunity level of 3.2 metres AHD, in accordance with Development Manual Guidelines and Planning Scheme requirements.

Lawful Point Of Discharge 11. The applicant/owner must ensure that the flow of all external

stormwater from the property is directed to a lawful point of discharge being McLeod Street such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Traffic Management Contributions 12. The applicant/owner must contribute towards Council's Traffic

Management/Road Upgrading Program in accordance with Cairns City Council Traffic Management Plan for Cairns City Precinct 1.

The contribution rate is that which is current at the time of payment.

The current rate of contribution is $11,392.84 (9.0 ERA). Payment is required prior to the issue of a Development Permit for carrying out Building Works.

External Works 13. The applicant/owner must at its own cost undertake the following

works external to the subject land:

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a. Make good the kerb at redundant crossover; b. Reinstate the footpath in area of existing drainage culvert; c. Removal of existing linemarking from the (2) two parking bays

which are to be removed; d. Relocation of existing parking signage to suit changed parking

layout; e. Linemark (1) one 45 degree parking space and construct

landscaped verge island in front of subject land in area of existing (redundant) crossover.

Three (3) copies of a plan of the works must be submitted to and

endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Building Works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of the use.

Noise 14. Noise from either air conditioning units, swimming pool filters, service

equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A - Environment Nuisance).

Noise Report 15. A report prepared by a qualified Acoustic Consultant must be

submitted at the time of lodgement of a development application for carrying out building work and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Building Work. The report must indicate the design and construction features to be incorporated in the proposed development to ensure that the proposed development will not be subject to a level of noise from aircraft which exceeds the level of noise acceptable for a residential use, having regard to the provisions of the Environmental Protection (Noise) Policy 1997 and the Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).

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Lighting 16. All night lighting must be designed and constructed to the satisfaction

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

Water Saving 17. All toilets in the development must be fitted with dual flush cisterns and

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

Refuse Collection 18. A suitable refuse collection area must be provided near the entry to

McLeod Street and adequately screened with landscaping. The area is to be of a suitable size and provided at ground level to store the number of refuse bin(s) required to service the site. The enclosure must be imperviously paved, roofed and bunded to prevent the ingress of stormwater and drained to Council’s sewer. Pre-treatment may be required for the sewer connection in accordance with Council’s Trade Waste Policy and comply with the Environment Protection (Interim Waste) Regulation 1996.

Bicycle Storage 19. The applicant/owner must ensure the provision of a secured, or site

bicycle storage area for residents. This storage area shall be constructed prior to the commencement of the use.

ADVICE 1. Current requirements and estimates of development and headworks




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3. This approval, granted under the provisions of the Integrated Planning






EXECUTIVE SUMMARY: Application has been made for a ten unit residential complex on the fringe of the Inner City area. The applicant was of an opinion that the site was part of the North Cairns area and zoned Medium Density Residential under which the development of Accommodation Units (Medium Density) would be a self-assessable use. It was only prior to the issue of a Development Permit to Carry Out Building Work, after construction plans had been developed, that the Applicant was made aware that a Material Change of Use Impact Assessable application would need to be submitted. Had this issue been identified earlier in the design process it would have been expected that the final design would better reflect the parameters of the applicable DCPs and the extent and quality of development anticipated by Planning Scheme. The development provides inadequate landscaped communal open space on the subject land. The applicant has indicated a willingness to provide a cash-in-lieu contribution equivalent for the open space shortfall. Given the location of the property, in close proximity to Munro Martin Park, it is appropriate that the open space shortfall be accepted in the form of a monetary contribution. In order for Council to reduce the on-site open space requirement Council must issue both a Preliminary Approval and also a Development Permit. The development also fails to comply with the standard building alignment, as required under DCP 2, however there are reasonable planning grounds for Council to support such a variance. TOWN PLANNING CONSIDERATIONS: Proposal The development provides for ten (10) self-contained Accommodation Units (6 x three bedroom and 4 x two bedroom units) providing for a permanent resident population. The built structure consists of a three level building providing: undercover car parking, communal landscaped open space and two units on the ground floor; and two upper levels of four units on each level.

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Strategic Plan & Land Zoning The development for residential accommodation is consistent with the Strategic Plan and the land zoning. DCP Under DCP 1 - Residential Densities a maximum population density of 800 persons could be established. However, the limited size of the allotment, 1,014.5m2 restricts the development to supporting a maximum density of 400pph. The surrounding land is developed and appears well occupied. There is little ability, therefore, for future expansion of the development onto neighbouring lots. DCP 2 – Impact and Height of Buildings envisages a much greater extent of development than what is proposed. The DCP allows a plot ratio of 2:1 and the development only seeks to construct to a ratio of 1.5:1. The building will have a height of only 8.2 metres, and site coverage of 59.2%. Both figures are well below the extent of development anticipated by the DCP (maximum building height of 30 metres and 100% site coverage for the first four levels). The proposal fails to comply with the DCP requirement for a zero setback of the building line from the street and the applicant has requested that Council dispense with this requirement considering the built form on neighbouring properties. In respect to the proposed building setback of 9m as opposed to the required 0m setback, the following comments are made;. i) Buildings on neighbouring sites have a variety of street and boundary setbacks. The

Federal Police complex to the north and part of the Civic Shopping Centre to the south, fronting McLeod Street, have zero alignment to the street.

ii) The remainder of the shops in the adjacent shopping centre are setback a

substantial distance from McLeod Street providing for an expansive car parking area.

iii) Newly constructed accommodation units on land immediately to the north, at 108 McLeod Street have a 9m setback. These adjoining units (18 x 1 bedroom units) were constructed pursuant to an approval issued in 1998.

Given the variety of building setbacks and the relatively recent Council approval for the neighbouring accommodation unit development, it would be inappropriate for Council to now insist on a zero street alignment for the subject site. There is ability under IPA for Council to approve a development that conflicts with the DCP where reasonable planning grounds exist. The extent of existing development in the neighbouring area offers such grounds. Public Notification/Submissions The Department of Main Roads, a concurrence agency, advised that it requires no conditions to be placed on the Decision Notice.

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Impact of Proposal

Criteria Requirement Proposal Comment General Provisions Car Parking 1 spaces per unit, 10

spaces required 10 spaces provided Complies

Site Coverage 100% max. for the first four levels

59.2% Complies

Maximum Plot Ratio 2:1 1.5:1 Complies Building Height Max. 30 metres 8.2 metres Complies Population Density Max. 800 pph 325pph Complies Minimum Size Allotment

1000m2 (400pph max.) 1014.5m2 Complies

Building Setbacks: Side & Rear Boundaries Front Boundary

Construction allowed to the side and rear boundaries. Zero alignment to the street

0.0-1.9m setbacks 9 metres

Complies Does not comply, refer to the comment above

Communal Landscaped Open Space

6 x 40m2 + 4 x 30m2, with 40% in one area: 360m2 total with 144m2 in one area.

Total provision of 186m2 with 123m2 in one area.

Does not comply, refer to comment below

Communal Landscaped Open Space The development fails to provide the sufficient total area of open space required and also the minimum single area of open space required. The applicant was under a misunderstanding that private areas adjacent to the ground floor units and the “landscaped area” adjacent to the bin refuse area could be included in the communal landscaped open space area calculations. The Planning Scheme provision requires that areas included in the calculation must be screened from uses such as driveways, refuse collection areas and the street. Secondly, the open space areas must be accessible and available to all residents of the complex. The Planning Scheme seeks a quality of landscaping and a certain degree of amenity to be achieved. As the communal landscaped open space requirement is a provision of the Scheme, with no specific dispensation available in the wording of the provision, any approval of a shortfall must seek an exemption permitted under the Integrated Planning Act whereby a Preliminary Approval is issued, essentially over-riding the Scheme provision.

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In light of the need to consider developments that failed to comply with the open space provision, Council at its Ordinary Meeting held on 28 June 2001 adopted a Guideline. Council has previously issued three approvals where the development fails to comply with the minimum open space requirements: the Trilogy residential development; the Jack & Newell residential development; and the recent extensions to the Youth Hostels Association of Queensland premises in McLeod Street. In these instances a reasonable area of open space was provided on the respective sites and consideration was also given to the respective development’s close proximity to the Esplanade parkland or similar recreation facilities. In this case while limited open space is provided on the site the land is within close proximity (225m) to Munro Martin Park. Amendments to the Guideline now gives opportunity for the discretion to apply to developments catering for permanent residents as well as those for transient / tourist populations. Under the Guideline a contribution of $7,719.80 is payable, as summarised in the table below.

REQUIREMENT CALCULATION Area of Landscape Open Space Required (6 x 40m2) + (4 x 30m2) = 360m2 Area of Landscape Open Space Provided = 186m2 Maximum Number of Persons On-site (as permitted by DCP1)

(6 x 3.5 persons) + (4 x 3 persons) = 33 persons

Area of Landscape Open Space Required per person (360/33) = 10.91m2/person Number of Persons for which Landscape Open Space is Provided

(186/10.91) = 17.05 persons

Shortfall in required landscaping (33-17.05) = 15.95 persons Current Rate per person for Shortfall as determined by the draft LAOSMP

= $484/person

TOTAL CONTRIBUTION (15.95 x 484) = $7,719.80 HEADWORKS / CONTRIBUTIONS:

Calculation Comment Contribution Water District: Inner City, #10:

W2: $3,414.84/EDC (Mar 03’) Demand 6 x 3 Bedroom units @ 0.7EDC/unit = 4.2EDC 4 x 2 Bedroom units @ 0.5EDC/unit = 2.0EDC Total = 6.20 EDC Credit Less credit of 1.01EDCs for existing commercial land Net Demand: 5.19EDC

5.19EDC @ $3,414.84/EDC

$17,723.04

Sewerage District: City, #23: W2: $2,218.70/EDC (Mar 03’) Demand 6 x 3 Bedroom units @ 0.8EDC/unit = 4.8EDC 4 x 2 Bedroom units @ 0.6EDC/unit = 2.4EDC Total = 7.20 EDC Credit Less credit of 1.01EDCs for existing commercial land Net Demand: 6.19EDC

6.19EDC @ $2,218.70/EDC

$13,733.73

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Road/Traffic Cairns City Council Traffic Management Plans, Precinct 1: $1,213.00/ERA

Demand 6 x 3 Bedroom units @ 1.0ERA/unit = 6.0ERA 4 x 2 Bedroom units @ 0.75ERA/unit = 3.0ERA Total Demand = 9.0ERA

9.0ERA @ $1,213.00/ERA

$11,392.84

Drainage CBD and Environs DMP No contribution required

Nil

Park Refer to above calculation for Communal Landscaped Open Space shortfall

$7,719.80

Jenny Elphinstone Senior Planning Officer Nikki Huddy Action Officer Acting Manager – City Assessment

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APPENDIX 1: SITE LAYOUT PLAN

136

ORDINARY MEETING

27 FEBRUARY 2003

17 APPLICATION TO CLOSE WALKWAY (PART OF ROAD) BETWEEN 86 AND 88 SHANNON DRIVE, BAYVIEW HEIGHTS – APPLICANT: B. FLEISCHFRESSER Karen Hilton : 19/3/3-42: #564229

RECOMMENDATION: That Council advise Mr Fleischfresser that this matter is to be deferred pending the findings of the Cairns Pedestrian Movement and Cycle Travel Strategy.

INTRODUCTION: This report was deferred from the Ordinary Meeting of 28 November 2002. Mr Brad Fleischfresser, owner of 88 Shannon Drive Bayview Heights, is seeking Council’s support to close and purchase the walkway situated between 86 & 88 Shannon Drive due to the pathway providing access to the rear of adjoining properties. Mr Fleischfresser believes that the ease of access to properties this path provides has been a key factor in several burglaries in recent times. Mr Fleischfresser has contacted the Department of Natural Resources and Mines regarding the matter, who have advised him to seek Council’s comment prior to making an application for road closure.

BACKGROUND: The walkway is ‘road’ (part of Shannon Drive) situated between 86 & 88 Shannon Drive Bayview Heights, adjacent to a drainage easement on number 88 Shannon Drive, and provides access to Fairview Park.

COMMENT: Cairns Water Cairns Water has neither comment nor requirement. City Assessment City Assessment advised that the subject land forms part of the road reserve of Shannon Drive, which is administered by the Department of Natural Resources & Mines.

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City Assessment does not object to the request to close the pathway as it has very little practicable purpose and does not link to useable open space. Comments by the applicant stating that the walkway provides an easy access to the adjacent properties backyards are concurred with and it is agreed that it would be in the community’s best interest if this walkway was amalgamated into the adjoining property. Infrastructure Management Council, at its meeting of the 13 February 2003, resolved to engage GHD to undertake the Cairns Pedestrian Movement and Cycle Travel Strategy. This study will provide an objective assessment of both the safety concerns and the public access connectivity requirements. It is therefore appropriate to defer action on this matter until such time as the study is completed. It is recommended that Mr Fleischfresser be informed that this study is to be undertaken. Legal and Administration Council has a clear sub-division policy position that access pathways are to be provided to enable the local community to enjoy open space areas and to provide pedestrian linkages. It is important that Council considers carefully any proposed application to close an access pathway. The aforementioned Pedestrian Movement and Cycle Travel Strategy will assist Council in this matter.

CONSIDERATIONS: Statutory: As the subject area is road, any dealing would be undertaken by Department of Natural Resources & Mines in accordance with the requirements of the Land Act 1994. Financial: Should Council decide to retain this pathway for public access purposes, work would be required to achieve effective access at all three entrances and signage regarding the steep nature of the bank should be installed. All costs associated with the road closure should be borne by the applicant.

CONSULTATION: As per comments section of this report.

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OPTIONS: 1. That Council resolve that it has no objection to the closure of the pathway and

subsequent sale to the adjoining property owner to address resident’s concerns subject to the provision of a drainage easement over the subject area, at no cost to Council.

2. Council retain the pathway and undertake works to provide proper community

access. 3. That Council defer action on this application until the Cairns Pedestrian Movement

and Cycle Travel Strategy has been completed.

CONCLUSION: That Council concur with the recommendation subject of this report.

ATTACHMENTS: Letter from Mr Brad Fleischfresser. Latitude plan of area. Karen Hilton Administration Officer Linda Kirchner Manager Legal & Administration Jo-Anne Scarini General Manager Corporate Services

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Fairview Park

Gordon Creek

Subject path

141

ORDINARY MEETING

27 FEBRUARY 2003

18 CITY DEVELOPMENT – JANUARY 2003 MONTHLY REPORT Peter Tabulo 1/3/83: #584700

RECOMMENDATION: That the report be noted. P Tabulo General Manager City Development

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Sub Program City Development

Management & Support [CA]

Outcome Statement To ensure that Council has a co-ordinated approach to delivering the programmes that will achieve acceptable development while satisfying community and government expectations. ACTIVITY City Development – Management & Support [CAA] Aim To provide management and support for the City Development

Division. Level of Service Management of City Development Division activities including

Development Assessment, Building Certification, Environmental and Public Health, Community Development, and Strategic Planning.

Officer Responsible: General Manager – City Development

On target Performance Targets Yes No

Maintain existing levels of service Achieve operating initiatives Operating Budget Function YTD

Actual ($) YTD

Budget ($)

Var ($)

Var (%)

Revenue 0 0 0 02400 –City Development Management Support Expenditure 193,591 206,147 12,556 6 Variance Report Budget on track. Issues in Month Nil.

143

Sub Program Far North Building Certification [CC] Outcome Statement To ensure that building developments and related operational works conform with acceptable standards, to enhance the future development of the City of Cairns to the benefit of its community. ACTIVITY Building Certification [CCA] Aim To provide a building certification service, on behalf of the Council in its capacity as Assessment Manager, as its appointed certifier under the provisions of the Integrated Planning Act 1997 and the Building Act 1975; and A process which ensures that operational works related to each building development certified by Far North Building Certification comply with relevant requirements of development legislation. Level of Service Domestic and commercial building certification to the requirements of the Integrated Planning Act, the Building Act and the Building Services Authority. Integration with other services branches of Council to provide a whole-of-project assessment and approval service, addressing the requirements of the planning scheme, local laws and relevant legislation. Consultancy and certification services to local governments and community councils in Far North Queensland. Officer Responsible Manager Far North Building Certification.

On target Operating Initiatives Due date Complete Yes No

Complete market analysis report by June 2003. 30/06/03 10% Develop and implement a promotional Plan by June 2003.

30/06/03 10%

Develop and implement a Client Service Plan by June 2003.

30/06/03 10%

On target Performance Targets

Yes No 50% market share within the Cairns local government area. Increase activity outside the Cairns local government area by 15% per annum.

Increase level of work in association with major private sector certifiers by 15% per annum. * Marketing programme being developed

Achieve operating surplus of 5%.

144

Operating Budget Function YTD

Actual ($) YTD

Budget ($)

Var ($)

Var (%)

Revenue 0 0 0 N/m2110 Administration Support Expenditure 827 0 -827 -

Revenue 99,724 138,419 -38,695 -282120 Building Certification, domestic Expenditure 136,725 134,861 -1,864 -1

Revenue 52,722 52,473 250 02130 Building Certification, commercial. Expenditure 75,331 74,535 -796 -1

Revenue 41,144 45,202 -4,058 -92145 Corporate participation. Expenditure 65,451 65,595 144 0

TOTAL Revenue 193,590 236,049 -42,504 -18 Expenditure 278,335 274,992 -3,343 -1 Variance Report Revenue drop for domestic building work consistent with reduction in domestic building activity in December and January, and reduction in market share. Issues in Month

Statistics

CAIRNS LOCAL GOVERNMENT AREA ALL BUILDING WORK - NUMBER OF APPROVALS - MONTHLY.

Far North Building Certification.

225 218

252

213

280

144

198

167145

193

167

237

113

159

5873

5946 43

31 39

12 5 8 5 9 3 70

50

100

150

200

250

300

Jul-02 Aug-02 Sep-02 Oct-02 Nov-02 Dec-02 Jan-03

All buildings Number 225 218 252 213 280 144 198

Total of all work other than new dwellings 167 145 193 167 237 113 159

New Dwellings number 58 73 59 46 43 31 39

Total numbers new commercial building work(all work other than new dwellings, otherdomestic work, alts& adds.)

12 5 8 5 9 3 7

July-02 August-02 September-02 October-02 November-02 December-02 January-03

145

Statistics Prospective Actions Operating Initiatives: * Market Analysis Report by June 2003. * Development and implementation of promotional plan by June 2003 * Development and implementation of client service plan by June 2003 * Develop and implement a manual for process and workflow by June 2003.

CAIRNS LOCAL GOVERNMENT AREA ALL BUILDINGS - VALUE X 10,000 - MONTHLY.

Far North Building Certification.

3610.7

2318.7

3423.9

1854.4

806.3

2835

1702.5

2843.2

1199.9

654.5

2145.1

1399.5

2107

899.6

1644.7

1898.21784.4

1017.5 1173.9

766.9

1091.9

775.7 616.2 580.7 470.8

732.8456.2 478.2

0

500

1000

1500

2000

2500

3000

3500

4000

Jul-02 Aug-02 Sep-02 Oct-02 Nov-02 Dec-02 Jan-03

All buildings Value 1784.4 1898.2 3610.7 2318.7 3423.9 1644.7 1854.4

Total value all work other than new dwellings 1017.5 806.3 2835 1702.5 2843.2 1173.9 1199.9

New Dwellings value 766.9 1091.9 775.7 616.2 580.7 470.8 654.5

Total value new commercial building work (allwork other than new dwellings, other domesticwork, alts& adds.)

732.8 456.2 2145.1 1399.5 2107 478.2 899.6

July-02 August-02 September-02 October-02 November-02 December-02 January-03

146

Sub Program City Assessment [CE] Outcome Statement To ensure the proper assessment of development having regard to legislative requirements, the town planning scheme, community expectations and ecologically sustainable development ACTIVITY City Assessment – General Admin [CEA] Aim To provide management and support to the City Assessment Branch. Level of Service Provide management and support for Branch staff and operations. Attend to all administration requirements of the Branch in an accurate and timely manner. Officer Responsible: Manager City Assessment


95% of Planning and Development Certificates to be issued within 5 business days of receipt.

Development Statistics provided to DLGP/Realty Research within 5 business days after the end of each Quarter.

Review Web based Branch information on a quarterly basis. Operating Budget Function YTD

Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2210 – City Assess - Gen Admin

Revenue 24,077 24,833 (756) (3)

Expenditure 113,808 120,037 6,228 5 Variance Report Budget on track. Issues in Month Nil Prospective Actions None required.

147

ACTIVITY Development Assessment [CEC] Aim To provide certainty for the development industry and the community through consistency in approach and outcomes. To reduce unnecessary delays in decision-making. To support and encourage development which complies with the legislative requirements and meets community expectations. Level of Service 5 Material Change of Use (Impact Assessment) applications were received during January

2003. 1 Material Change of Use (Code Assessment) applications was received during January

2003. 0 Combined Applications were received in January 2003. 7 Reconfiguration applications were received during January 2003. 11 Pre-lodgement enquiries were received with 13 responses issued in January, 2003. 33% of ‘Acknowledgment Notices’ for all IDAS applications were issued within 5 business days,

however a total of 88% of acknowledgement notices were issued within the statutory timeframe of 10 business days.

26 Agenda items reported to Council during January 2003 being 70% of all agenda items. Officer Responsible: Manager City Assessment


Undertake CairnsPlan Implementation Workshop/Training Forums in conjunction with Strategic Planning.

March 2003

100%

Establish an audit/inspection program for all Material Change of Use Development Permits issued by Council between 30 March 1998 and 30 March 1999.

June 2003

50%

Maintain the Developer Contribution Register. June 2003

On Going


Assess 95% of pre-lodgement enquiries within 7 working days. 100% of ‘Acknowledgment Notices’ for all IDAS based applications to be issued within 10 business days in 2001/2002, with an average of 5 business days to be achieved for all applications.

No ‘Information Requests’ to be made for applications, which have been discussed in a pre-lodgement meeting, and all of the information requested to be submitted with the application has provided by the applicant.

75% of Decisions for all IDAS based applications to be considered within 20 business days of the commencement of the Decision Making Period in 2001/2002, with 100% of Decisions being considered within 40 business days of the commencement of the Decision Making Period.

148


Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2250 – Development Assessment

Revenue 247,655 221,441 26,214 12

Expenditure 194,833 194,936 104 0 Variance Report There has been a higher than expected level of income received from applications. The lodgement of applications is subject to seasonal fluctuations. Issues in Month Nil Prospective Actions Nil

149

ACTIVITY Subdivision Services [CEE] Aim To provide certainty for the development industry and the community through consistency in approach and outcomes. To reduce unnecessary delays in decision-making. To support and encourage development which complies with legislative requirements, Council’s development manual and local laws, and meets community expectations. Level of Service 0 - Operational Works applications received during January 2003. 2 - Local Law applications received during January 2003. 13 - Survey Plans received during January 2003. 2 - Building Format Plans received during January 2003. Officer Responsible: Manager City Assessment


Hold an Erosion and Sediment Control Training/Workshop.

Feb 2003 20%

Affiliation/Promotion of Land for Wildlife. June 2003

35%

Undertake stage 2 of the rural road addressing program.

June 2003

100%

Establish an annual inspection program for all Extractive Industry sites.

Dec 2002 30%

Prepare amendments to Development Manual and Prepare Brochures on the Landscape Guidelines for Footpaths.

March 2003

5%

Maintain the Developer Contribution Calculator. June 2003

As Req


Yes No Assess 95% of Local Law applications within 20 business days of receipt. Consider 75% of Decisions for all IDAS based applications within 20 business days of the commencement of the Decision Making Period in 2002/2003, with 100% of Decisions being considered within 40 business days of the commencement of the Decision Making Period.

Sign and date 50% of Survey Plans for IDAS based reconfiguration applications within 10 business days of lodgement, with 100% being signed and dated within 20 business days.


Actual ($)

YTD Budget

($)

Var ($)

Var (%)

2280 – Subdivision Services Revenue 188,909 190,918 7,991 4 Expenditure 233,450 235,523 2,073 1

150

Variance Report No comment Issues in Month Nil Subdivisions Under construction: Smithfield Gateway – Lake Construction Centenary Heights Stages 9A & 10C Lyons Street Industrial Subdivision Orchid Glen Stage 7A Forest Gardens Stage 11B, 15B2 & 25 Ponticello Estate Stages 11 & 12 Rainforest Rise Estate Stage 3-6 Park Ridge Estate Stages 2D & E Island View Estate Stage 2A Colonel Cummings Drive, Buchans Point Paradise Gardens Stage 2, Kewarra Beach South Cairns Business Park, Edmonton Windmill Estate 3, 4, 5, Kewarra Beach Kanimbla Heights, Nell Close, Kanimbla ‘On Maintenance’ Forest Gardens Stage 15B1 ‘Off Maintenance’ - Survey Plans Standard Format plans 2 Net Lots 22 Building Format plans 13 Net Lots 65 Rural Road Addressing Project Nil – Due to recommence in May 2003.

151

Sub Program Environmental Assessment [CG] Outcome Statement To enforce compliance with all relative legislation, both State and Local, in a manner consistent with the policies of Council and with regard for community expectations. ACTIVITY Building Regulation [CGA] Aim To provide building regulatory services to meet State and Local legislative requirements. Level of Service Provide compliance searches and inspections of unauthorised and non-conforming building works within the City. Perform required quality assurance audits of private building certifiers and collate statistical information for Building Services Association. Maintain records of all building work within the City. Officer Responsible: Manager Environmental Assessment


Develop scheduled flammable & combustible system by March 2003

March 2003

10%


Yes No Maintain existing service level Achieve operating initiatives Achieve 100% of statutory time frames Prepare 100% of compliance inspection reports within 48 hours of notification


Actual ($) YTD

Budget ($) Var ($)

Var (%)

2500 Building Regulation Chargeable

Revenue 186,407 191,920 (5,513) (3)

Expenditure 75,654 75,196 (458) (1)Variance Report Budget is on track. Issues in Month Nil Prospective Actions General Inspections.

152

ACTIVITY Environmental Assessment – General Administration [CGC] Aim To provide a comprehensive and timely administrative support to the Branch and to respond in a professional manner with matters raised by ratepayers and customers. Level of Service Maintain accurate property based records. Respond to resident’s requests within two (2) working days. Process licensing and registration applications within quality assured procedures and within ten (10) working days of receipt. Officer Responsible: Manager Environmental Assessment


Develop system to track statutory licence and registration applications and payment status by March 2003

March 2003

50%


Yes No Maintain existing service level Achieve operating initiatives Dispatch 100% of resident requests received to appropriate officer within 1 hour of receipt

Compile 80% of reports and correspondence within 24 hours of receipt Prepare 100% of reports for Council meeting agendas within required time frames


Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2520 General Administration Revenue 141 141 0 0 Expenditure 125,340 130,016 4,676 4 Variance Report Budget is on track. Issues in Month Nil Prospective Actions Nil

153

ACTIVITY Environmental Protection Unit [CGE] Aim To ensure that Council’s responsibilities are fulfilled for devolved activities under the Environmental Protection Act 1994 and the Environmental Protection (Water) Policy. Level of Service Administer devolved Environmentally Relevant Activities (ERA’s) in accordance with standard operating procedures. Administer the Environmental Protection Policy (Water) in accordance with the Memorandum of Understanding with the Environmental Protection Agency (EPA). Provide advice and direction to external and internal clients in order to achieve compliance with environmental licences. Action complaints within two hours of receipt. Continue the Unlicensed Premises Inspection Program and the Environmental Authority Compliance Inspection Program. Achieve 100% compliance with EPA reporting requirements. Officer Responsible: Manager Environmental Assessment


Develop a program to raise the level of “Environmental Awareness” in schools via liaison with the State Dept of Education by June 2003

June 2003

10%

Develop training programs to increase level of EPU Officer knowledge/skill/ability by June 2003

June 2003

15%


Yes No Maintain existing service level Achieve 100% compliance with statutory timeframes Issue 10 Environmental Authorities per quarter Achieve operating initiatives Achieve 95% level of licensing of ERA’s within Cairns by June 2003 Urgent priority complaints action within 2 business days (100% compliance)

Medium priority complaints actioned within 5 business days (80% compliance)

Low priority complaints action within 8 business days (70% compliance). Complainant advised/updated on incident/complaint outcome(s) within 5 business days of resolution (100% compliance).

154


Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2525 Environmental Protection

Revenue 66,322 59,729 6,593 11

Expenditure 87,183 86,916 (267) 0 Variance Report Budget is on track. Issues in Month Identification of eight (8) unlicensed Environmentally Relevant Activities (ERA’s). Issue of four (4) infringement notices to building contractors for inadequate installation and maintenance of drainage/erosion/sediment control measures. Issue of six (6) Environmental Authorities and Decision Notices. Prospective Actions Environmental Awareness and Education program targeting Primary Schools. Continued auditing of soil and water management on Subdivision and Building Construction sites for the forthcoming wet season. Investigation of Soil/Water Management issue – Little Mulgrave. Resolved Issues Finalisation of prosecution proceedings of four (4) previously unlicensed clients.

155

ACTIVITY Health Licences [CGG] Aim To provide regulatory and educative services for Council’s public health responsibilities under State legislation and Council’s Local Laws. Level of Service Undertake licensing and inspections of all health related premises and other public health related premises (Food Premises, Accommodation/Hostel, Hairdressers) and other public health related premises. Provide an effective inspection program as identified by the level of risk. No. of premises licensed : 2,666. Respond to complaints received. 2001/02 estimates for each of the major health category : * Food Premises : 275 * Accommodation/Hostel : 320 * Hairdressers : 10 * Other Public Health Related Premises : 332 Officer Responsible: Manager Environmental Assessment


Develop an IT system for the lodgement and approval of health licensing by March 2003

March 2003

80%


Yes No Conduct inspections for each licensed premises : * Food Premises : 1,000 * Accommodation/Hostel : 100 * Hairdressers : 200 * Other Public Health Related Premises : 50 Investigate complaints for various health premises within a 24 hour time frame.


Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2552 Health Licences Revenue 286,441 276,791 9,651 3 Expenditure 274,803 280,494 5,691 2 Variance Report Budget is on target. Issues in Month The following activities were carried out by Environmental Health Officers in addition to usual duties:

156

Courses/Training/Meetings attended by Public Health Unit

- Meeting with Woolworths’ District Managers to deal with food-related problems. - Disaster control meeting. - Some Environmental Health Officers were involved in training project officers for

Council’s flat inspection program. - Risk Watch meeting.

Other Activities Carried out by Environmental Health Officers

- Food Safety Workshops for 5-star food premises were held, with excellent attendances and feedback.

- One of the pending food shop prosecutions was mentioned in the Magistrates Court, and has been set down for hearing in March.

- Preparation of two possible food shop prosecutions continued. - Work continued on mosquito light trapping program. - Routine operational meetings. - Work continued on the flat inspection project, as outlined in the following summary:

• The program began on 6th January 2003 with four Environmental Health Officers (graduates),

• The objective of the flat inspection program was to inspect all approved/registered flat buildings within the Cairns City Council area, in order to assess their suitability as rental accommodation under Local Law No 6 (Rental Accommodation),

• The students/officers worked in teams of two and were required to completed a minimum of 20 flat inspections per day, per team. The figure of 20/day/team was based on the program running for a 6 week period, with approximately 1,200 properties listed in Council’s data base as approved flat buildings,

• In addition, the students were able to gain valuable work experience as required by their study paths in a variety of Environmental Health Officer duties,

• Up until the end of January, 1,094 flat building inspections have been carried out under this a project,

• The program has been very successful, providing an excellent result for Council in that Council’s regulatory duties have been fulfilled and a number of minor defects have been detected and attended to. Also, valuable work experience has been provided for people wishing to embark on careers as Environmental Health Officers.

The following Environmental Health Inspections were carried out: Complaints investigated: 89 Routine inspections: 139 Follow up inspections: 65 Notices issued: 55 In addition, as mentioned above, 1094 flat building were inspected by the temporary EHO/Student project officers. Prospective Actions Actions Pending: Two possible prosecutions for failure to comply with the Food Safety Standards (Food Act 1981) and Food Hygiene Regulations 1989.

157

ACTIVITY Vector Control [CGI] Aim To deliver a program of Vector Control that reduces the prevalence of the mosquito and midge in a cost effective manner. Level of Service Number of complaints received : 870. Number of fingerlings released per month : 10,000. Officer Responsible: Manager Environmental Assessment


Enhance public information on vector control including utilising Council’s website and other public places by June 2003.

June 2003

10%

Investigate more cost effective means of program delivery by June 2003.

June 2003

10%

Investigate alternate methods of control by June 2003.

June 2003

10%


Yes No Increase the volume of fish released. To reduce unit costs below 2001/02 levels. Operating Budget Function YTD

Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2570 Vector Control Revenue 787 787 0 0 Expenditure 233,200 253,563 20,363 8Variance Report Budget is on target. Issues in Month Vector Fogging Units Council’s unit have been directed at low-lying mosquito infested areas. Larvicidal Operations Larvicidal operations have been aimed at tidal areas. Mosquito Complaints 40 Mosquito complaints were actioned this month. Biting Midge Complaints 8 Midge complaints for this month have been actioned. Fish Eastern Rainbow We have currently 12,000 fish ready for release waiting for release dependent on further rains.

158

ACTIVITY Animal Control [CGK] Aim To ensure that animals are controlled so as not to create a public nuisance while at the same time promoting responsible pet ownership. Level of Service Number of Dogs registered : 16,817 Number of Dog/Cat complaints : 150 dog related, 40 cat related Number of Dog/Cats impounded : 140 dogs per month average, 15 cats per month Number of Registered Dogs impounded : 90 per month average Number of Unregistered Dogs impounded : 40 per month average Provide an education program to schools and community groups. Officer Responsible: Manager Environmental Assessment


Work with Project Services to complete the McCoombe Street Pound.

October 2002

90%

Implement improved processes for pound releases.

January 2003

75%

Provide educational talks to primary schools within the City.

June 2003

5%


Yes No Regulate and monitor dog/cat complaints and dog/cats impounded Ensure the initial time response to at least 95% of dog attack complaints is no more than 30 minutes

Conduct a yearly review and survey of participating schools and community groups to gauge program effectiveness. * No. of schools participating : 30 * No. of presentations conducted : 15 per quarter Approx number of students involved in presentations per quarter : 500


Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2580 Animal Control Revenue 331,028 326,791 4,237 1 Expenditure 368,705 374,672 5,968 2 Variance Report Budget is on target.

159

Registration and Release Details Number

YTD Number of dogs registered 351 15481Number of dogs impounded 97 679Number of Complaints received and actioned 308 1925Number of dogs not wearing tags 36 287Number of dogs wearing tags 61 392Number of dogs returned to their owner 51 420Number of dogs euthanased 32 161Number of dogs surrendered to a refuge 10 49Number of dogs still in the pound 4 48Number of dogs seized under destruction orders 0 2Number of dangerous dog orders issued 1 8Number of infringements issued 9 95Number of Restricted Dog Applications 0 42Number of Restricted Dog Permits Issues 0 11 DOGS IMPOUNDED BY SUBURB

Number YTD

DOGS IMPOUNDED BY SUBURB

Number YTD

Aloomba 1 4 Manoora 8 21 Babinda 1 6 Manunda 8 39 Bayview Heights 2 15 Mooroobool 9 45 Bentley Park 0 9 Mt Sheridan 2 19 Bramston Beach 0 0 Palm Cove 1 10 Brinsmead 3 17 Parramatta Park 0 18 Bungalow 1 8 Portsmith 2 6 Cairns North 3 16 Redlynch 0 21 Clifton Beach 0 4 Smithfield 0 21 Earlville 0 28 Stratford 3 18 Edge Hill 4 2 Trinity Beach 9 31 Edmonton 2 54 Trinity Park 3 6 Freshwater 3 15 Westcourt 0 12 Goldsborough 0 2 White Rock 8 52 Gordonvale 2 36 Whitfield 3 12 Holloways Beach 2 10 Woree 7 29 Kamerunga 2 6 Yorkeys Knob 1 15 Kanimbla 3 4 Kewarra Beach 4 22 Machans Beach 0 19

Prospective Actions General animal management inspections.

160

ACTIVITY Local Laws Enforcement [CGM] Aim To ensure developments comply with Council’s Planning Approvals and related local laws. Level of Service Ensure that all sectors of the community abide by Council’s Local Laws, Planning Scheme and relevant legislation. Process and regulate applications for uses under Local Law 22 (Activity on Roads) and Local Law (Control of Advertising) and inspect for compliance with permit conditions. Process and regulate applications for Extractive Industry Permits and inspect for compliance with permit conditions. Officer Responsible: Manager Environmental Assessment


Convert the administrative support of the activity to the Authority system

June 2003

10%

Investigate the possibility of a coordinated licensing system for CBD properties and if achievable deliver for 2003/2004

June 2003

10%


Yes No Maintain existing service levels Achieve operating initiatives Action 100% of complaints within 48 hours of receipt Process 100% of applications under Local Laws within 14 days of lodgement

Action 100% of referrals from Environmental Assessment within 7 days of receipt

Achieve conversion to the Authority system by December 2003 Operating Budget Function YTD

Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2585 Local Law Enforcement Revenue 167,060 158,858 8,202 5 Expenditure 227,553 233,076 5,523 2 Variance Report Budget is on target. Issues in Month Local Laws Officers have issued forty-one (41) Local Laws Notices and two (2) Camping Notices.

161

Seventy-five (75) Vermin Control Notices were issued with Council having to carry out work to remedy breaches of regulations in two (2) instances. Sixty-five (65) Notices were placed on vehicles suspected of being abandoned. Eleven (11) of these vehicles required removal to Council’s Redden Street Dump and twenty-three (23) were removed to Council’s McCoombe Street Depot for possible future auction. Total revenue from the release and auction of vehicles for January was $502.00. New Complaints/Requests for Month Planning 26 Local Laws 171 Inspections Carried Out Development Approvals 0 Development Offences 1 Local Laws 109 Building Compliance 4 Illegal Camping 2 Vermin Control 75 Abandoned Vehicles 65 To the dump 11 To McCoombe St 23 Portable Advertisement Applications New/Renewals 4 New and 77 Renewal Outdoor Dining Applications New 1 Renewals 0 Advertising Signs – General – Applications New 9 Reports to Council Advertising 2 Outdoor Dining 0 Release of Bank Guarantees New 6 Legals Local Laws Notices issued 41 General Offence Infringement Notices 0 Show Cause Notices 7 Enforcement Notices 13

162

Portable Advertisements – 77 Renewal applications have been forwarded to Council along with 4 new applications All applications have been approved. Both vehicle and foot patrols are being carried out to ensure all portable advertisements have approval. Detection of Accumulation of Vegetation – The ongoing program for the detection of the accumulation of vegetation and overgrown allotments has continued through January. A more pro-active approach toward overgrown allotments is to be implemented to attempt to curb complaints received regarding such. The program entails three monthly audits of blocks that have been previously issued with ‘overgrown’ notices. Continued Patrols for Detection of Non-Compliance – Council’s Local Law Officers are continuing patrols to detect non-compliance relating to Local Laws managed within the unit. Outdoor Dining – A total of 107 approvals have been granted to premises to date. Approximately 10% of the outdoor dining fees are still outstanding. Prospective Actions General Local Laws inspections.

163

ACTIVITY Community Development [CI]

Outcome Statement To ensure that the community’s skills are enhanced together with the delivery of Council’s services to the standard commensurate with a City of Cairns’ size and status. ACTIVITY Community & Cultural Development [CIA] Aim To assist in building a positive community by successfully implementing initiatives that develop resources and capacities that promote a safe, cohesive and inclusive community, in addition to facilitating the delivery of a wide range of Council services. Level of Service Respond to customer and community enquiries a month through various mediums which include referral, advice, consultation and advocacy. Develop information and educational resources, which include forums, workshops, newsletters, service directories and pamphlets per year. Assist the community to implement projects that engage local communities including activities that promote individual, family and community well being. All customer enquiries responded to within 48 hours. Officer Responsible: Manager Community Development.

On Target Operating Initiatives Due Date

Complete Yes No

Develop a community safety and wellbeing plan which focuses on crime prevention and the emotional and physical safety of residents and visitors

Feb 2003

85%

Facilitate a strategy in the Western Suburbs to bring services together to provide a collaborative service delivery that addresses issues of crime, safety, health, and education.

Feb 2003

90%

Assist the community renewal project to develop a transition strategy to ensure sustainability of services in West Cairns.

June 2003

70%


Yes No To work in partnership with community, government and non-government agencies to develop action plans for 3 key initiatives with measurable outcomes.

Develop and facilitate 5 forums or workshops that respond to community needs.

164


Actual ($) YTD

Budget ($)

Var ($)

Var (%)

Community & Cultural Development

Revenue 321,157 172,470 148,688 86

Expenditure 553,426 848,975 295,549 35 Variance Report Revenue is higher for the year due to rollovers from the previous year. Expenditure has been under due to a variety of factors, most notably due to FAG grants yet to be spent. Issues in Month The Community and Cultural Development Team has been successful in implementing initiatives that are in line with the Branch Action Plan. The team is working collaboratively towards the main objective of the Operational Plan, which is to promote and to facilitate a safe, cohesive and inclusive community. All initiatives are a result of strategic partnerships formed within and outside of Council and a high percentage aim to address community safety and wellbeing. The following initiatives were implemented or are ongoing through the reporting month of January: • Funding for a National Youth Week Collaborative Brochure from Office of Youth Affairs

has been granted. • An Anti-Graffiti project is being initiated by a working party consisting of the Youth

Development Officer, the Arts and Cultural Planning Officer and the Safety Officer with the aim of redirecting graffiti and tagging.

• Reviewed and drafted an amended version of the Cairns City Sustainability Indicators

Report, on Cultural Diversity issues and how it relates to Sustainability. • A partnership with Hambledon House and Migrant Settlement Services has been formed

to write a submission to the Department of Families for their “Bridging the Generation Gap in Multicultural Communities” grants program. Woree State School has expressed an interest in participating in the project as a partner to address intergenerational issues affecting South Pacific Islander and Hmong young people and their elders.

• Interviewing, documenting and photographing of several women from diverse ages and

cultural backgrounds has commenced in preparation for International Women’s Day. These Women reflect a sector of the client group that the team works with on a day to day basis. The aim is to educate the Community about the diversity of people and their needs and how these aspects relate back to the capacity of a Local Government organisation.

The exhibition will take place at the Women’s Day event held at the Tanks Arts Centre on Sunday 2nd of March and hosted by the Community and Cultural Development Team. Other features of the day will be markets that are appropriate to Women’s issues and interests and local Women entertainers will be engaged to perform.

165

• Two Officers initiated partnership and negotiations with Regional Group Training and

EmployNet that has resulted in the forthcoming appointment of six young Indigenous Trainees. Funding from the Breaking the Employment Cycle was topped up by Regional Group Training, CDEP and EmployNet. A Youth Worker Trainee and a Community Worker Trainee will commence with Council on Monday, 17 February.

• Community Renewal continues to move into the last stages of the transition phase. A

Work For The Dole program has been set up and will begin to revamp the Manoora Community Centre this week. The Officers continue to assist the community to put in place sustainable initiatives and services. Training and employment opportunities are a high priority and are being addressed through traineeships, Community Job Programs (CJP) and strategic partnerships with local businesses.

• The Vital Link on line directory is being well used by the community. A steering committee

will be established to determine its future operations. • A series of initiatives for young people in West Cairns have been planned and will

commence in March. Partnership with agencies have been formed to ensure that the crime prevention is the objective. A street outreach program on Thursday nights in West Cairns has proven successful.

• The Museum Resource Centre responded to 54 public inquiries and correspondence. • Organised 7 community meetings and workshops. • Together with Mulgrave Settlers Museum, organised a Hmong exhibition – story of a

refugee family, in Warren Pitt’s office in Gordonvale. • The Museum Development Officer (MDO) wrote a quarterly Bulletin with information on

forthcoming events, training programs, workshops and exhibition, which was distributed to all museums in FNQ.

• The MDO wrote a paper promoting FNQ Chinese heritage, to be published in the Bulletin

of Chinese Heritage Centre t the University of Technology in Singapore (distributed world-wide to Chinese communities and organisations).

Prospective Actions • The Team Leader has facilitated a process of pulling together and collating information

regarding all initiatives currently being implemented by the Team and pulling it all together to meet the central objective which is community safety and well being. This will be presented in a hard copy in a report to be noted at a later date. In addition, on a larger scale, a framework of an initiative to address the whole communities well being based on the Safer Cities initiative, has been created by a small working party for presentation.

• Preparation for “Restoring the Gods” – exhibition of paintings from Chinese temple in

Cairns, restored through a RADF program to be opened on 3 February 2003 in Cairns City Council.

• Organisation of 2 museum training courses (preventative conservation and collection

management) to take place on 8 and 9 February 2003.

166

ACTIVITY Graft’n’Arts [CIC] Aim To successfully develop and implement a wide range of arts/cultural activities and programs that cater to the current and future diverse needs of the Cairns and Far North communities. Level of Service Provide Arts and Cultural services that cater to diverse socio-economic needs for Cairns Community. Approx 20,000 young people and 12,000 adults attend activities facilitated by Graft’n’Arts each year. Approx 30% of budget is externally sourced. Officer Responsible: Manager Community Development.


To provide and further develop a range of diverse Arts and Cultural Programmes for young people and Communities in the Cairns region.

Ongoing 63%

To sustain and further develop Government and Industry partnerships that increase service capacity.

Ongoing 63%

The overall co-ordination, development and implementation of Little day Out.

Sept 2002

100%

Facilitation of MusiCairnS development process, planning & co-ordination for Festival MusiCairnS.

Sept 2002

100%

Assist in the development and implementation of Inaugural “Festival Cairns”.

Sept 2002

100%

Continue and further develop the International Exchange Programme of Hamamas Week PNG.

Oct 2002

100%

Co-ordinate and implement TUTE Youth Music Industry Programme.

Dec 2002

100%

Regional Cultural Exchange Camp. April 2003

100%

Continue and further develop Hilton/Graft’n’Arts Community Exhibitions

Aug 2002 Jan

2003 April 2003

63%

Assist in the Develop of Cape York Performing Arts Troupe with Apunipima Cape York Health Council.

Ongoing 63%


Yes No Number of, and types of arts and cultural programs implemented. Number and diversity of attendants in programs. Statistical evidence of increase in service capacity. Number and diversity of partnership with Government bodies.

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Actual ($) YTD

Budget ($)

Var ($)

Var (%)

Graft’n’Arts (2680) Revenue 195,292 217,886 (22,594) (10) Expenditure 409,067 478,200 69,134 14 Variance Report State grants have yet to be received this quarter. Issues in Month • Graft’n’Arts School Holiday Programme was conducted from 6 - 24 January 2003. The

theme was “Making a Soap Opera” where the participants had the chance to write, screen test, design and build sets, act, film and edit the production which was tilted “Sky High”: 23 –26 individuals attended daily.

• School Holiday Programmes were also conducted at Gordonvale, linked to Australia Day

celebrations (see below in partnerships) and one day in Yorkeys Knob for Mural Painting: 22 individuals attended daily.

Special Events/Partnerships • Negotiations are under way for partnership with Smithfield High School to further develop

Art and Cultural activities in the northern beaches area. • Artists were sent to Gordonvale School Holiday Programme in conjunction with “Steps

Ahead” Youth Programme for three days a week for three weeks for Gordonvale’s Australia Day celebrations. Unfortunately this event was rained out on the day. The Gordonvale committee sent a letter of thanks and would like to partnership with Graft’n’Arts in future projects.

• Gordonvale Youth Group has been formed to continue art-based workshops in the

community leading up to an event for Youth Week 2003. • YAMP (Youth Art Mentoring Programme) conducted two workshops at Graft’n’Arts on

Thursday, 30 January 2003. • Graft’n’Arts is liaising with Queensland Community Arts Network for a planned four-day

workshop in Community Cultural Development in March 2003. • Graft’n’Arts and YAQ are preparing a grant for the Youth Arts and Cultural Conference in

September 2003. • First of the “Jazz Up North” concerts featuring Katrine Madsen to be held at the Tanks on

the 1 February 2003. The concert has been organised and set up by MusiCairns (Nick Mills) with Australia Northern Europe Liaisons.

• Chillagoe Alliance has contacted Graft’n’Arts to partner in a project for 2003 for

Community Artists to do residencies in Chillagoe. • Chillagoe State School have initiated stage 3 of a partnership which bring Youth from

Chillagoe to Cairns for extensive Art Camps.

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Community Exhibitions Graft’n’Arts and Hilton Cairns are launching another community art exhibition titled “Verve”, a selection of works on fabrics that encapsulate spirit, vitality and life. The exhibition will run for three months and will coincide with International Women’s Day, highlighting the contribution women artists in the Cairns region have made to the arts community. Male artists will also be contributing to this exhibition, including works by international award winning indigenous artists. Verve will be launched 27 February at the Hilton Foyer. Hamamas Week – PNG The organisers of Hamamas Week in Ok Tedi, Papua New Guinea, have invited Graft’n’Arts to co-ordinate a group of multicultural performers and professional entertainers to travel to PNG in September to take part in their annual cultural festival. The main international act is from Cairns, which is a traditional Cook Islands dance and drumming group, lead by Taki and Col Hakaoro, who participated in the Australia Council Funded Pacific Exchange Projects in 1998 and as artists in residence in Port Moresby, PNG in 1999. Also, a young emerging musical talent, Justin Wellington was invited to accompany the group from Cairns to perform as a solo act at the Festival. A community artist who has been participating in the Weaving Boundaries Multicultural Multimedia project will be invited to join the group to document the tour. Upon return to Cairns, there will be a photographic exhibition and video documentary presentation of the Festival as seen through the eyes of the visiting Cairns artists.

Video Clip Launch In November 2002, the WB Program assisted Justin Wellington, a young Cairns based Papua New Guinean musician, in creating a music clip for his original song “I Wanna”. The “talent” for the clip was sought from the Cairns multicultural community, some of whom included professional musicians. The clip was filmed in one day at Graft’n’Arts, the Cairns CBD and Esplanade. In January 2003, the video clip was completed and launched in Cairns before being released in Papua New Guinea. Demo CD’s have also been sent to record labels in Australia as well as to Triple J, Community and commercial radio stations locally and nation wide.

169

ACTIVITY Community Housing & Facilities [CIE] Aim To support the provision of low cost housing services and community facilities in Cairns. Level of Service 38 properties are managed by Council. On average 95% of properties are tenanted. Officer Responsible: Manager Community Development


Complete Yes No

Complete negotiations between Council and Housing Queensland to enable existing community management bodies and the Housing Division to enter into management agreements.

Feb 2003

90%

Work collaboratively with Community Housing Qld to identify and establish community management bodies for Council managed properties.

Feb 2003

80%

On Target Performance Targets

Yes No Maintain viable tenancy levels for Pease, Charles and Grove St properties while they are managed by Council.

Outsource aged housing to Community Housing Queensland. 95% of housing vacancies are tenanted within 2 weeks. Operating Budget Function YTD

Actual ($) YTD

Budget ($)

Var ($)

Var (%)

Community Housing Revenue 48,338 48,655 (317) (1) Expenditure 38,651 47,808 9,157 19 Variance Report No significant issues. Issues in Month • A rent structure that aligns with the Community Housing standards has been determined

for the aged housing facilities. Rent assistance from CentreLink will subsidise a high percentage of any rises.

The land tenure of most of the facilities is relatively straight forward and is currently underway, however DNR has suggested that the freehold land of two of the facilities must be purchased and be either Council or Department of Housing. This is currently being addressed and an alternative such as three way agreements for these two premises will be put to Council.

Prospective Actions • Finalisation of the land tenure is central to the conclusion of the exercise of handing the

facilities over to Housing Queensland.

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ACTIVITY Hambledon House [CIG] Aim To provide support services to the families, individual groups, communities, other services and networks in Cairns Southern Suburbs. Level of Service Hambledon House Information Services are available 5 days per week over 27.5 hours. Support and counselling is provided to 19 families per month. Information and feedback is provided to 30 community members per month. Provide 134 hours of community use of hire facilities per month. Officer Responsible: Manager Community Development.


Complete Yes No

Family Support Worker and Community Support Co-ordinator to facilitate a forum for service providers to identify the life skill needs of isolated families in the Southern Suburbs.

Oct 2002

100%

Community Support Co-ordinator and Family Support Worker to identify needs and priorities of Multicultural groups in the Southern Suburbs. Note: Collaboration with Migrant Settlement Services, the LAMP project and associated Multicultural Reference Group (Cairns City Council) has commenced. Current representation from Community Support Co-ordinator on Working Party for Multiculture Forum 2003, co-ordinated through Migrant Settlement Services. It is envisaged that collaboration with these two agencies will provide enhanced links for the gathering of information toward identification of the needs and priorities of Multicultural Groups in the Southern Suburbs. Therefore a revised completion date of March 2003 would be more appropriate. This date will coincide with Multiculture 2003.

Dec 2002

75%

Family Support Worker and Community Support Co-ordinator to facilitate a youth component for Community Centres Week.

May 2003

25%

Community Support Co-ordinator and Family Support Worker to develop a plan toward increased opportunities for participation in community life for Multicultural groups in the Southern Suburbs.

March 2003

75%

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On Target Performance Targets

Yes No Provide 100 individuals/groups with information and assistance by the Community Support Co-ordinator per annum

Respond to community enquiries facilitated by Community Support Co-ordinator within 24-48 hours

Provide support and counselling by the Family Support worker to 35 families per quarter.

Provide 30 home visits by the Family Support Worker per quarter. Operating Budget Function YTD

Actual ($) YTD

Budget ($)

Var ($)

Var (%)

Hambledon House (2640) Revenue 66,208 63,402 2,806 4 Expenditure 80,660 84,565 3,905 5 Variance Report No significant issues. Issues in Month • Administration Officer resigned position effective 20 January 2003. Currently exploring

the appointment of a Trainee Administration Assistant. Interviews were held. Awiating confirmation of funding arrangements.

• Previous volunteers x3 unable to maintain commitment to volunteer hours at Hambledon

House. One has moved into full-time temporary employment (a very positive outcome). • Workplace Health and Safety Rectification Plan completed 21 January 2003. Inspection

and compliance approved 22 January 2003.

Hambledon House (Month)

No. of hours of community access to community meeting rooms 193.5 hrs No. of different groups accessing 13 No. of new groups 1 No. of appointments provided by Community Support Coordinator to Groups and Individuals

9

No. of new referrals received by Family Support Worker 7 No. of counselling appointments by Family Support Worker to Families Hours

Families: 26 Hours: 38

No. of Community members accessing reception 25 Prospective Actions • Funding Submission for “Bridging the Generation Gap in Multicultural Communities”

funding offered through Department of Families, Future Directions to be submitted in collaboration with Migrant Settlement Services and the LAMP project in February. Project will engage students (from Woree High School), parents and grandparents across two cultural groups within the Southern Suburbs in a collaborative literary/arts project to increase understanding and communication between the generations.

• As per Operational and Branch Action Plans.

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ACTIVITY Library Services [CII]

Aim To enrich the community through the provision of access to information and resources, regardless of format, that promotes and supports leisure, cultural opportunities and lifelong learning. Level of Service Sixty-eight % of the Cairns community utilise the Library Service, which is provided at 8 branch locations, opening a total of 333.5 hours per week. Provide 50 hours per week of professional reference service for the Cairns Community. Inter-branch loans are dispatched within 48 hours of receipt of request. Fully utilise the estimated Public Library Grant of $530,000 by allocating five FTE staff to catalogue and process Library materials. Provide 102.25 hours per week of Council Customer Service Centre functions at three (3) branches. Officer Responsible: Manager Community Development.


Actively identify, develop and promote the Library Service’s many diverse services and facilities.

June 2003

55%

Provide an accurate, reliable catalogue utilising professional excellence in service delivery.

June 2003

55%

Provide efficient, timely library lending services at the 8 libraries across the city.

June 2003

55%

To examine and revise current procedures and customer service standards of the Library Service.

Dec 2003

40%

To make recommendations to Council on library branch opening hours incorporating any possible cost efficiencies.

Dec 2002

100%

Evaluation of the Council Customer Service Centre functions at Smithfield, Gordonvale and Babinda will be completed, and recommendations made to Council on how to sustain the service.

June 2003

50%

Implement the recommendations of the Library Review as adopted by Council.

June 2003

20%


Yes No Increase lending services to clients by 5%. Provide a higher profile within the community for libraries, target at 4% increase in library membership.

Provide a more efficient service delivery (Members/Issues/Hours Open/Vol Hours/Staff Hours.

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Actual ($) YTD

Budget ($)Var ($)

Var (%)

Library Services Revenue 318,736 313,382 5,354 2 Expenditure 1,751,385 1,808,727 57,343 3 Variance Report Budget variance has been largely impacted by staff not taking planned leave, due to the Libero project, and some delay in filling positions. It is important to note now, that pending the implementation of Libero, untaken leave will be utilised by the majority of the Library team, in the next financial year. This leave will be in addition to normal accrued leave for 2003/2004. The 2003/2004 budgets will reflect this expenditure. Issues in Month • New Library operating hours were implemented across the Library Service on 1 January

2003, providing an additional 104 hours of service to the Community annually. • The City Library hosted a champagne breakfast on 5 January, attended by approximately

700 visitors from across the Cairns region. The specific feedback was to thank Council for hosting the event and for opening the City on Sundays.

• The pattern of visitors to the City Library for the remaining 3 Sundays in January has been

consistent as follows:

- 12 January = 373 people - 19 January = 468 people - 26 January = 435 people Sunday visitors to the City Library for January 2003 totalled 1,976.

• There has been no reduction in visitors to the Library on Saturdays as a result of Sunday trading. A total of 2,469 visitors attended the Library on Saturdays in January.

• Intensive training started on the Libero management system on 8 January, taking eight

key team members (including team leaders) out of circulation for three weeks of the month. All Library participation to the Libero project is on schedule.

• On 9 January, electronic receipting through Authority 4.6 was installed at Gordonvale and

Babinda Libraries to eliminate manual processing of dog registrations and other receipting requirements, and in readiness for the full review of CSO by end of financial year. Staff will undergo training on the system. Associated banking procedures have been arranged with Customer Service department at Spence Street.

• The attendance of Author, Bryce Courtney at a civic reception of 23 May 2003 has been

confirmed. • Libraries is participating in a new concept “Sundays in the City”, which is in the initial

planning stages.

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• Jane Gess was the first to attend the Libero development meeting in Tweed Heads, held

on 17 January 2003, on behalf of the CCLS. • Stratford Library hosted an “Australia Day Sausage Sizzle” on Saturday 25 January 2003,

attended by approximately 200 Stratford residents to thank Council for opening Stratford on Saturdays. Councillor Cochrane attended and addressed the residents regarding the strategic Library Review.

• A successful Storytime event was conducted at Woree Library to primary school children

on 23 January 2003. • During the month, WHS rectification plans were implemented across the Library Service

and follow-up inspections conducted by Peter Tabulo, Leslie Sparkes and the Chief Executive Officer.

• Various Australia Day displays were created by Library staff held in the Libraries for

Australia Day. • The new 55k zone, information and maps were displayed in larger Libraries and made

ready available for residents in all Libraries, together with the draft pest management plan. • Relocation of the Library management team was effected as follows:

- Kerrie Still relocated to the City Library - Genevieve Lehmann (North Team Leader) to Smithfield Library - Jane Gess (South Team Leader) to Gordonvale Library

• Full focus for the Library management team is now on their specific areas of operation, giving a more hands on approach to achieving the Libraries operational goals.

• The Library collection team distributed 2,730 new books to Libraries during the month of

January, exceeding more than double the result of any month in this financial year. Issues in Month

Libraries Bab’da City Ed’ton G’vale Manunda S’field Strat Woree TOTAL Loans & Extensions

1,848 26,486 4,763 5,327 7,860 16,430 3,010 8,193 73,917

Active Borrowers

547 17,322 1,603 1,286 2,212 4,895 790 1,958 30,613

Door Count

4,253 39,792 4,885 7,423 6,884 13,588 3,454 7,232 87,511

New Members

12 269 40 16 35 73 5 38 488

Members Deleted

0 24 2 0 0 3 0 3 32

Library Members

838 31,420 2,736 2,025 3,944 8,035 1,276 3,267 53,541

Prospective Actions • Full thrust into Libero training will resume for the month of February.

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• Upon further review, it was found that the Saturday morning hours at Babinda could be

extended by an additional half hour to meet the standards of all other Library Branches, and close at 12 noon instead of 11.30am.

• The minimal expense of this change would be covered by the existing budget. Babinda

would then be in line with other Saturday trading hours of 9.00am – 12.00 noon. This would be a further positive boost to services to the Babinda community and increase the overall Library service hours from 333.5 to 336 hours per week, an additional 130 hours annually, at no additional expense to Council. The change to Babinda on Saturdays could be effective immediately, and included in the current changes to signage.

176

ACTIVITY Strategic Planning [AKC] Aim To ensure that community desires, Council’s objectives and legislative requirements are reflected in strategic plans, the planning scheme and in liaison with Governments and Agencies. Level of Service The identification and preparation of strategic plans to ensure sustainable and co-ordinated urban development. Strategic plans are prepared and adopted by Council in accordance with the Branch Action Plan. Maintain the Development Manual. Officer Responsible Manager Strategic Planning


TRANSPORT PROJECTS % Public Transport Study Contribution Jun 2003 85 Traffic Planning Matters Jun 2003 55 Mass Transit Corridor Reed Road – Catholic Diocese

Jun 2003 55

Mass Transit Corridor Reed Road – Daikyo Jun 2003 55 Beach Access Flood improvements Jun 2003 55 50 Km/h Implementation Planning Jun 2003 100 Footpaths and Bikeways Location and Condition Audit

Jun 2003 5

DRAINAGE PROJECTS Deadmans Gully Easement Compensation Jun 2003 50 CBD Weir Investigation/Approval/Design Jun 2003 15 Drainage Planning Matters Jun 2003 55 CBD South Road/Drainage concept design for flood immunity improvements.

Jun 2003 60

Lake Placid/Caravonica etc Flood Mitigation Investigation

Jun 2003 15

ENVIRONMENTAL PROJECTS Cattana Farm Monitoring Jun 2003 85 Central Swamp Management Plan Jun 2003 25 Redlynch Joint Facilities Jun 2003 0 Urban Stormwater Quality Management Plan Jun 2003 50 Holloway’s Beach annual sand sourcing top up Jun 2003 20 Regional Natural Resoures Strategy contribution Jun 2003 20 Sustainable Cairns Jun 2003 95 Holloways Beach Rockwall consultation and investigation

Jun 2003 80

177

LANDUSE PROJECTS Development Manual – Regional Jun 2003 80 FNQ Implementation Officer (ROC) Jun 2003 100 CairnsPlan Consultancy Jun 2003 60 CairnsPlan Public Consultation and Implementation Jun 2003 30 CairnsPlan Printing/Design Jun 2003 30 Cairns Plan ICP Jun 2003 85 OTHER PROJECTS Library Reveiw consultation Jun 2003 100 Parks Review Stage 2 Jun 2003 100 Botanical Gardens and Cultural Precinct Study Jun 2003 5 Cairns Style Jun 2003 50 Cairns City Council Risk Management Strategy Jun 2003 10 To Provide Flood Search Advice as requested Jun 2003 50 Aerial Photography Jun 2003 100 NQAA Refurbishment of former TIMP Office Jun 2003 100 Cane Toad Mosaic Jun 2003 95


To maintain existing levels of service Achieve operating initiatives To complete projects on time and on budget To provide flood search advice in a timely manner to the best of Council’s knowledge

Operation Budget Function YTD

Actual ($) YTD

Budget ($)

Var ($)

Var (%)

Strategic Planning (5100) Revenue 34,509 98,311 (63,801) (65) Expenditure 566,070 640,737 74,667 12 Variance Report Operating Grants and Subsidies due to projects not having reached the anticipated stages which allowed for milestone payments. Wages are bellow budget due to the last fortnight wages not updated into General Ledger until 6 February 2003. Issues in Month Draft CairnsPlan A presentation of the Draft CairnsPlan was given to a whole of government meeting held at the Department of Local Government and Planning on the 28th January 2002. State Agencies have until the 28th February 2003 to provide comments back to DLGP to co-ordinate a response to Council.

178

Botanic Gardens Precinct Study This matter has been progressed in-house by a joint working group. To date a broad concept plan has been developed which identifies the priorities for the precinct. A capital works submission has been submitted for the traffic management works along Collins Avenue. No funds are currently available for the feasibility study for the restaurant. An opportunity exists to seek funding through the Regional Centres Program to undertake the overall precinct planning for the Edge Hill Cultural and Recreational Precinct.

179

ORDINARY MEETING

27 FEBRUARY 2003

19 STATE GOVERNMENT POLICY: SECONDARY USE OF TRUST LAND Linda Kirchner: 19/3/3-43: #594872

RECOMMENDATION: That Council advise the Department of Natural Resources and Mines of the issues as outlined in this report regarding the draft Secondary Use of Trust Land Policy.

INTRODUCTION: The Department of Natural Resources and Mines has recently released a draft Policy Paper – Secondary Use of Trust Land. This Policy Paper is meant to give greater clarity to existing requirements on Council regarding management of Reserves. The short consultation period should be noted - this discussion paper was located on the LGAQ’s web page (posted there 11 February 2003) and comments are required by LGAQ by 14 March, 2003. No formal notification or circulation by the Department to Council has occurred.

BACKGROUND: As Council is aware, there are a number of restrictions on what is permissible as a secondary use on Community Purpose reserves and Deed of Grant in Trust (DOGIT) lands. The position of the State is that the primary purpose of these areas (ie community purpose) must not be adversely impacted by conflicting and / or commercial uses.

COMMENT: There are a number of points that officers believe should be noted by Council in its submission to the Department:

180

Page 2 – Limit on Intensive Development. The text indicates, approval will not be given for an activity which is “substantially exclusive and or commercial” and indicates “generally intensive secondary use should not exceed 10% of the total area of the reserve”. Operationally, Council in conjunction with Tourism Tropical North Queensland, has obtained in principle support from the Department for more than 10% of the 51 The Esplanade reserve to be used for a secondary commercial purpose (on the basis that it will achieve a revenue stream which supports the ongoing maintenance of this historically important site). Council should indicate a need for the ability to negotiate in cases where it can be demonstrated that the funds generated will be used for the maintenance of Reserves. Page 3 – Commerciality. The Policy states that a “Kiosk” is okay as long as it does not have a liquor or gaming licence. The Policy does not include an unlicensed Café as an acceptable option and this has caused problems in the past. In recent discussions, the Department has indicated a willingness to consider an unlicensed café as part of the Regional Playground. Council should recommend that the Policy should allow for greater flexibility and in particular the inclusion of unlicensed Cafés as acceptable infrastructure. Page 4 – Community Markets. Reading between the words this seems to be trying to stop permanent markets being established on reserve land. Council’s response should reiterate the importance of “temporary community markets” and need for Council to be able to approve these without complex administrative process (ie don’t require DNR&M approval). Page 4 – Sponsorship. Draft Policy states that signage, which uses a small footprint, is acceptable but sponsorship signage on sports field fences is not. It also indicates that a Trustee lease or Permit will be required for erection of advertising signs on trust land, whether free standing or attached externally to a building Recent discussions with the Department regarding sponsorship rights at the Lagoon have indicated that this is a legitimate revenue generator for Council. Council’s response should indicate that the level of advertising and sponsorship should be in accordance with community needs and aesthetic considerations .

181

Page 4 – Car Parking. The draft prohibits the collection of fees or time limits for car parking on community purpose land. Clearly in cities like Cairns the use of these controls on car parking is a legitimate method of ensuring turn-over of sites and deterring workers from surrounding areas from using the car parking as all day parking. Council’s response should indicate that fees and time limits have a legitimate role in ensure that parking is available for visitors to the reserve. Page 4 - Public Access. The Department, as part of the Esplanade Management Plan discussions, has indicated that Council could not allow “restricted access functions” on Reserve Land ie we could hold a function where access was through payment of a fee but not where access is limited to specific persons. This effectively means that Council can allow a “Hook, Link and Sinker” type function but not hire out part of the Esplanade for the erection of a marquee for a wedding. Council should object to the prohibition of restricted access events for short duration activities. Page 5 – Local Government and Utility Infrastructure. The draft policy states that Local Government may place essential utility infrastructure on reserves where there is no viable or practical alternatives, e.g. Information Centres and Libraries. Council’s response should request that the text be amended to define “essential utility infrastructure,” and that “water and waste infrastructure” be specifically included in the definition. In recent correspondence from the Department regarding Cairns Water infrastructure (water booster pumps at Bayview) they have indicated that this was considered to be “operational purposes” and as such the land would be required to be purchased into freehold. Clearly, Council would define these types of facilities as essential services. Officers would also argue that consideration should be given to size of the enterprise (ie where the size of the area in question is so small that the net gain to the state from sale of the land may be less than the cost in excising the parcel). Page 6 – Community Consultation. The paper states that “if the proposed secondary use triggers a material change of use, than the community consultation process under IPA may substitute for management plan consultation processes as appropriate”. This is a good development because under the current arrangements Council is required to do two lots of consultation (eg for the Esplanade Café we will have to meet DNR&M requirements as well as IPA requirements). The IPA process is shorter (20 business days instead of 30 business days) and the DNR&M’s requirements are a lot more detailed. This can cause confusion for officers trying to determine if a response is in respect of the IPA reporting process or the DNR&M reporting process.

182

Appendix 1 provides some guidance to Councils about the level of consultation. It would be useful if the text defined the difference in levels of consultation and the difference between a Basic and Full Management Plan. Similarly, terms such as “new secondary use of high intensity” should be defined. General Commentary The draft document is silent on Commercial Recreation Permit activities. Recent discussions with the Department have lead to uncertainty as to when a plan is triggered by a secondary purpose. It would be administratively much simpler for Council, if activities that are controlled through a permitting system under a Local Law, did not trigger a secondary use plan or a Trustee Lease or Permit. The Department has a clear role in vetting the contents of Local Laws and once a Local Law has been gazetted, an activity controlled by that Local Law should be approved or rejected by Council. The additional administrative loop of Department approval is not considered warranted. On a positive note, Officers note the reference to “the preparation of a Management Strategy over part or the whole local government area”. Such an approach could be applied to all Cairns foreshore reserve areas, whereby one management plan would be generated. Similarly it would be good to be able to group a number of recreation areas (eg Boulders, Lake Placid and Lake Morris) and develop broad management principles whilst still giving Council the ability to give day to day permits for minor activities. Council should support this more holistic approach. The draft policy also makes reference to being able to reinvest revenue in the balance of the trust land or other trust land in the locality. This would enable Council to reinvest revenue from a good money spinner in one area into the maintenance of another area eg use the café revenue to maintain another area of park land in Cairns.

CONSIDERATIONS: Statutory: The draft Policy on Secondary Use of Trust Land reflects the intentions of the Land Act 1994. Policy: The drafting of the draft State Policy should be such that specific circumstances can be negotiated at the Regional level. Because of the general nature of much of the terminology, Council will need to be able achieve a practical outcome at the local level. Financial: There are substantial costs to Council each time a Management Plan is prepared or an amendment required by the Department. It is important that the State is aware of the impact of its policy on the ability of Councils to deliver services and facilities in an efficient manner.

183

Social: Council recognises the need to meet community purpose needs.

CONSULTATION: Given the tight timeframes for response to this draft policy paper, detailed consultation has been difficult but the report has been pre-circulated to the Manager Precinct and Facilities and the General Manager Cairns Water as the two areas most affected by this Policy. It is important that in responding to this Position Paper Council does not endanger the improved relationship that Council is currently experiencing with the local office of the Department. The formal response to the Department will be mindful of any adverse local impact.

OPTIONS: That Council note officers concerns as expressed in this document and that a formal response be made to the Department of Natural Resources and Mines with a copy to the Queensland Local Government Association.

CONCLUSION: Council should have a formal position on this draft Policy.

ATTACHMENTS: A copy of the draft policy is attached. Linda Kirchner Jo-Anne Scarini Manager Legal and Administration General Manager Corporate Services

195

ORDINARY MEETING

27 FEBRUARY 2003

20 REGIONAL ARTS DEVELOPMENT FUND FOR THE 2003/2004 FINANCIAL YEAR Elizabeth V. Brown : 10/25/1-03: #583755

RECOMMENDATION: That Council approves the annual bid to Arts Queensland for the Regional Arts Development Fund, for $50,000.00.

INTRODUCTION: The Regional Arts Development Fund (RADF) operates across Queensland as a partnership between Arts Queensland and Local Governments. The Local government contribution is calculated on the basis of population in the city. Arts Queensland and Cairns City Council contribute to the RADF program on a dollar-for-dollar basis allocated via a bidding process. The total Council budget allocation for Arts and Cultural Assistance in the 2002/2003 financial year was $100,000.00. A bid to Arts Queensland for $50,000.00 was successful, allowing $100,000.00 to be distributed under the RADF program and $50,000.00 through the Arts & Cultural stream of the Community Partners financial Assistance Grants Program.

BACKGROUND: Council will recall that at it’s Meeting on 26 September 2002, it resolved as follows: 1. Council decrease its RADF contribution from $65,000 to $50,000 and increase

Council’s Arts Financial Assistance Grant from $35,000 to $50,000. 2. Council notes that the Creative Cairns – Building Arts and Cultural Industry Policy

clearly states its direction in regards to the RADF program. 3. The CEO be delegated authority to ratify the Arts and Cultural Reference Groups

decisions for the RADF grants. 4. That upon approval, the CEO immediately circulate the list of grants to Councillors

and the Media.

196

From February 1999 to November 2002 there have been six Arts & Cultural Development and seven RADF grant rounds, as well as a considerable number of ‘Out of Round’ applications, with a total of $2,123,713.00 having been requested ($1,670,088.00 through RADF and $453,625.00 through Arts & Cultural Development). In response to the requests, sixty-two RADF applicants have received $275,410.00 and forty-six Arts & Cultural Development applicants have received $171,165.00. It should be noted that only a small number of applicants have received more than one grant through the RADF program, and this includes professional organisations that have acted as auspicing bodies. Where as, there is a higher incidence of need for recurrent funding for annual events from the Arts & Cultural Development grants. The amount of funding requested and distributed indicates a high community need for access to funding assistance from both programs, though particularly through the RADF program.

COMMENT: A snapshot of fourteen randomly selected successful RADF grant applications indicates that the program contributes to the development of arts industry as well as the economic and social growth of the city. Of the fourteen applications: ninety-one employment opportunities were created; eight of the projects value added to existing activity; $79,806.00 in other funding was brought into the region; four of the projects provided subsidised activity to identified target groups; eight contributed to the development of new activity; and $19,591.00 of sponsorship activity was generated. These figures do not include income generated by the activities or applicant’s contributions. It is also important to note that the amount of extra funding attracted to the region is greater than the amount allocated through RADF to the fourteen projects. Since their appointments in late 2000, the Grants Administration Officer and the Arts & Cultural Development Officer have reduced the number of non-acquitted grants substantially and implemented processes to ensure that grant recipients remain accountable.

CONSIDERATIONS: Statutory: Council would have to administrate and distribute the RADF program as per conditions stipulated in an agreed contract between Arts Queensland and Cairns City Council. Policy: 7.1.1 of Creative Cairns – Building Arts & Cultural Industry states that Council will “provide an annual budget allocation to the Regional Arts Development Fund program”.

197

Financial: Council contribution to the RADF program is transferred from the allocated $100,000.00 from the Arts & Cultural Development Stream of the Community Partners Financial Assistance Grants Program. There is economic gain to Council in submitting a RADF bid, with no increase to financial outlay for Council with the increase to RADF funding. Social: Short to long-term benefits can be expected from increasing available funding, this includes the increase to Council’s ongoing ability to support and develop projects that build upon and complement existing arts and cultural activity.

CONCLUSION: In considering the demands and benefits for the RADF program, a bid of $50,000.00 will be seen as making a contribution to the community and assist in the growth of professional activity and cultural industry.

“All other considerations were reviewed and deemed not applicable”. Elizabeth Brown Arts & Cultural Planning & Development Officer Leslie Sparkes Manager, Community Development

198

ORDINARY MEETING

27 FEBRUARY 2003

21 ESPLANADE LOCAL LAW 2003 Graham Busby:vk : 1/11/3-03: #594882

RECOMMENDATION: Council hereby resolves to: 1. agree to satisfy the conditions imposed on proposal Esplanade Local Law

2003 by the Minister for Local Government and Planning as detailed on advice dated (to be advised prior to the meeting).

2. make Esplanade Local Law 2003. 3. Remove the Esplanade from the Parks and Reserves Register under Local

Law No. 26 (Parks & Reserves).

INTRODUCTION: At Council’s meeting of 10 December 2002, it was resolved to propose to make an Esplanade Local Law. To ensure that this local law could commence prior to the opening of the Esplanade Lagoon, Council also resolved to seek the Minister’s agreement to make the law as an Interim Local Law.

BACKGROUND: The primary objective of the Esplanade Local Law is to regulate activities and to ensure appropriate standards of conduct over the area known as the Cairns Esplanade between Spence and Rutherford Streets (including the Esplanade Lagoon).

COMMENT: The proposed local law was subsequently forwarded to the Minister for Local Government and Planning for the purpose of a State Interest Test and to request permission to make the local law as an Interim Local Law. The response received back from the Minister advised that approval had been given to proceed to make Esplanade Local Law 2003 on an interim basis, subject to a number of conditions. (Refer Attachment A).

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Attached is a copy of the Interim Local Law, amended in accordance with the Minister’s conditions. (Attachment B). If Council is satisfied with the amended Interim Local Law, it may then progress to the next stage of the Interim Local Law making process. NEXT STEPS – INTERIM LOCAL LAW To make the proposed Interim Local Law, Council must undertake the following steps: 1. Agree to satisfy the conditions imposed by the Minister; 2. Resolve to make the proposed Interim Local Law; 3. Remove the Esplanade from the Parks and Reserves Register under Local Law

No. 26 (Parks & Reserves). 4. Publish in the Gazette, a notice of the making of the Interim Local Law. 5. Notify the Minister of the making of the Interim Local Law.

CONSIDERATIONS: Statutory: This action is in accordance with the requirements of the Local Government Act 1993. Policy: This action is in accordance with the Corporate Plan objective of open accountable decision making in a consistent and congruent manner. Financial: N/A Social: N/A

CONSULTATION: Once Council resolves to make the Interim Local Law, it must proceed within twenty-one (21) days to make the Interim Local Law as a permanent local law under Division 3 (Making other local laws) starting at Step 3. This step being, consult with the public about the proposed law.

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OPTIONS: Council should progress these actions as a matter of urgency.

CONCLUSION: In order to adopt Esplanade Local Law 2003 as an Interim Local Law, the recommendation as detailed at the beginning of this report needs to be made. This will ensure that Council can legally regulate activities and behaviour at the time of opening of the Esplanade Lagoon.

ATTACHMENTS: The following attachments will be circulated prior to the meeting: • Schedule of Conditions (Attachment A) • Esplanade Interim Local Law 2003 (Attachment B) Graham Busby Local Laws/Insurance Co-ordinator Linda Kirchner Manager Legal & Administration Jo-Anne Scarini General Manager Corporate Services

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ATTACHMENT A

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ATTACHMENT B

cairns city council ordinary meeting 27 february …...i cairns city council ordinary meeting 27...

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