cairns city council planning, development & …...2 agenda – planning, development &...

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CAIRNS CITY COUNCIL

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE

11 SEPTEMBER 2003

TABLE OF CONTENTS

1. PROPOSED PERMANENT ROAD CLOSURE (IN STRATA) OVER PART (ABT. 215M²) OF SHERIDAN STREET ABUTTING THE SOUTH-WESTERN BOUNDARY OF LOT 1 ON RP729138 (86-98 SHERIDAN STREET, CAIRNS CITY) – APPLICANT: THE FRIENDLY BACKPACKER PTY LTD – DIV. 6 ...................................................................................................1

Allan Simpson : 15/7/1-04: #675974

2. FAR NORTH QLD REGIONAL ORGANISATION OF COUNCILS ........................7 Peter Tabulo : SDS : 8/20/1-82: #673949

3. MITIGATING THE ADVERSE IMPACTS OF FLOOD, BUSHFIRE AND LANDSLIDE..........................................................................................................15

Nikki Huddy : 8/20/1-83 : #675040

4. RESPONSE TO DEPARTMENT OF TOURISM, RACING AND FAIR TRADING – LIQUOR LICENSING DIVISION – LIQUOR LICENCE APPLICATIONS ...................................................................................................20

Anna Cronin: 8/20/6-01: #674226

5. REQUEST FOR VARIATION OF TOWN PLANNING SCHEME PROVISIONS – CARPARKING – SOUTHERN CROSS ATRIUM APARTMENTS, WATER STREET CAIRNS ........................................................28

Allisen Wright: 8/20/1-81 : #652944

6. CLARIFICATION OF THE DEFINITION OF HEAVY VEHICLES AND THE PARKING OF HEAVY VEHICLES ON LOW DENSITY RESIDENTIAL ZONED LAND.......................................................................................................42

Allisen Wright AEW : 8/20/1-83 #676703

7. PROPOSED CHANGES TO FEE SCHEDULE – SUBDIVISION SERVICES............................................................................................................48

Nikki Huddy : 8/20/1-83 : #675049

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8. MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – OUTDOOR ENTERTAINMENT (CABLE WATER SKI PARK) – CAPTAIN COOK HIGHWAY & KAMERUNGA ROAD .....................................................................53

Allisen Wright: 8/8/423-01 : #675957

9. MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – PET CREMATORIUM – FOSTER ROAD AND HARDY ROAD, MT SHERIDAN ...........................................................................................................89

Anna Cronin: 8/8/491-01: #666727

10. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – SHOWROOM – 144 ANDERSON STREET, MANUNDA .........................................................103

Peter Boyd: 8/8/494 : #672406

11. MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – ACCOMMODATION UNITS (MEDIUM DENSITY) - 11 OLIVE STREET, MANOORA .........................................................................................................116

Kym Watton: 8/8/485-01 : #672873

12. MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – CHILD CARE CENTRE – 61-63 POLLARD ROAD, BABINDA.....................................126

K Watton: 8/8/486-01 : #672889

13. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – REPAYMENT OF NETWORK INFRASTRUCTURE WORKS – LOT 5 TRITON STREET, PALM COVE.......................................................................................................140

Jenny Elphinstone: 8/8/400: #631411

14. MATERIAL CHANGE OF USE – REFUND OF DEVELOPER CONTRIBUTION CREDITS – L4 TRITON STREET, PALM COVE ...................150

Jenny Elphinstone: 8/8/360 #672290

15. RECONFIGURING A LOT (BOUNDARY REALIGNMENT) – HARVEY CREEK ROAD AND MCPAUL ROAD, BELLENDEN KER ...............................155

Peter Boyd: 8/13/642: #672804

16. RECONFIGURING A LOT – BOUNDARY REALIGNMENT AND ACCESS EASEMENT – 177-181 AND 183-187 UPPER STANTON ROAD, SMITHFIELD.......................................................................................................162

Peter Boyd: 8/13/643-01 : #672816

17. RECONFIGURING A LOT – (1 LOT INTO 2 LOTS) – 10-12 O’MEARA STREET, EDMONTON .......................................................................................169

K Watton: 8/13/636-01 : #672862

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18. RECONFIGURING A LOT – BOUNDARY REALIGNMENT – 16 AND 17 CHATHAM TERRACE, SMITHFIELD ................................................................179

Allisen Wright: 8/13/641-01 : #666000

19. RECONFIGURING A LOT – 1 LOT INTO 19 – LOT 4 ON SP124695, REDLYNCH INTAKE ROAD, REDLYNCH.........................................................185

Nikki Huddy : 8/13/604 : #668167

20. WATSON’S PROPERTY FRESHWATER CREEK ACCESS THROUGH WATER TREATMENT PLANT ...........................................................................202

Peter Tabulo:SDS : 8/20/1-82:#674217

21. AUSTRALIAN BUSINESS ARTS FOUNDATION ..............................................212 Elizabeth V. Brown : 10/25/1-03: #666112

22. MANAGEMENT OF COMMUNITY CENTRES AND HALLS .............................217 T Golding-Clarke: 10/10/1-01: #674278

23. DELEGATION OF AUTHORITY TO THE CHIEF EXECUTIVE OFFICER – SECTION 22 – HEALTH ACT 1937 ...................................................................221

Laurie Phipps: 18/25/1: #670526

24. ACCESS POLICY...............................................................................................224 Terri Golding-Clarke: 1/59/13-01: #634848

25 ROADSIDE VENDING........................................................................................233 Laurie Phipps: 18/25/1: 673287 v2

26. COMPENSATION CLAIMS & APPEALS – AUGUST 2003...............................247 Nikki Huddy: 1/59/2-01 : #536015 V12

27. CITY DEVELOPMENT – AUGUST 2003 MONTHLY REPORT .........................254 Peter Tabulo:SDS : 1/3/83 658824V2

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Agenda – Planning, Development & Community Services Committee 11/9/03 - #676681


11 SEPTEMBER 2003

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PROPOSED PERMANENT ROAD CLOSURE (IN STRATA) OVER PART (ABT. 215M²) OF SHERIDAN STREET ABUTTING THE SOUTH-WESTERN BOUNDARY OF LOT 1 ON RP729138 (86-98 SHERIDAN STREET, CAIRNS CITY) – APPLICANT: THE FRIENDLY BACKPACKER PTY LTD – DIV. 6 Allan Simpson : 15/7/1-04: #675974

RECOMMENDATION: That Council advise the Department of Natural Resources and Mines that it has no objection to the proposed permanent road closure (in strata) over part (abt. 215m²) of Sheridan Street, abutting the south-western boundary of Lot 1 on RP729138 (86-98 Sheridan Street, Cairns City) as shown on drawing no. CNS03/072, by The Friendly Backpacker Pty Ltd, subject to the following: • The area subject of closure being dealt with by way of a Term Lease in

Strata; • Any development and use of the air space is to be in accordance with the

requirements of the Planning Scheme for the Part of the City of Cairns, the Cairns City Council Development Manual, the Standard Building Regulations and Council’s Local Laws;

• The use must not obstruct or impede the use of the subject road by both pedestrian and vehicular movement or interfere with security camera operation;

• The Lessee (The Friendly Backpacker Pty Ltd) is to indemnify Council against any claim for damages or injury, which may occur as a result of the structure being erected over the footpath. Such indemnity is to be provided prior to the issue of the Lease in Strata, and in a form, which is to be to the satisfaction of Council’s Chief Executive Officer;

• Should the lease be cancelled or the structure demolished then the area of closure (in strata) is to be re-opened as road; and

• At no cost to Council.

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INTRODUCTION: The Department of Natural Resources and Mines is seeking Council’s views and/or requirements in regard to the proposed permanent road closure (in strata) for the purpose of a balcony/verandah, over part (abt. 215m²) of Sheridan Street, abutting the south-western boundary of Lot 1 on RP729138 (86-98 Sheridan Street, Cairns City) as shown on drawing no. CNS03/072, by The Friendly Backpacker Pty Ltd.

BACKGROUND: The area subject of the closure is part of a Development Application for a hostel, hotel and ancillary facilities, over Lot 1 on RP729138 (86-98 Sheridan Street – The Friendly Backpacker Pty Ltd) presently under consideration.

COMMENT: Cairns Water Cairns Water has no requirements. Infrastructure Management There are no Council assets affected by the proposal, therefore Infrastructure Management has no objections nor concerns. City Assessment The following comments are provided in relation to the above application for a permanent road closure over an area above the footpath in Sheridan Street. City Assessment is currently processing an application for a Hostel, Hotel and ancillary Commercial Facilities on this site. Provided the application is successful, City Assessment will raise no objection to the proposed road closure. The area to be closed is shown on the proposal plan as an open verandah extending along the whole of the front of the building along Sheridan Street. The following conditions would apply: 1. Carparking required by Council’s planning scheme for any commercial use made

of the road closure, shall be provided on the adjacent allotment or an offer made to Council for contribution in lieu of providing same.

2. Council shall be indemnified against any claim for damages or injury which may

occur as a result of the use of the structure over the footpath. 3. The closure in strata shall be limited in duration to the structural life of the building

for which it was created. Upon destruction or demolition of the portion of the building occupying the proposed closure in strata, the closure shall be terminated.

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Legal & Administration The conditions included in the recommendation are the same as applied to previous similar applications.

CONSIDERATIONS: Statutory: The Department of Natural Resources and Mines will deal with the application for closure in accordance with the requirements of the Land Act 1994. Financial: At no cost to Council. All other considerations were reviewed and deemed not applicable.

CONSULTATION: As per the comment section of this report.

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

objections in accordance with the recommendation. 2. That Council advise the Department of Natural Resources and Mines that it

objects to the proposed closure.

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

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ATTACHMENTS: 1. Latitude plan of subject area. 2. Department of Natural Resources and Mines drawing no. CNS03/072. Allan Simpson Administration Officer Linda Kirchner Jo-Anne Scarini Manager Legal & Administration General Manager Corporate Services

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11 SEPTEMBER 2003

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FAR NORTH QLD REGIONAL ORGANISATION OF COUNCILS Peter Tabulo : SDS : 8/20/1-82: #673949

RECOMMENDATION: That the report be noted.

INTRODUCTION: The 49th Ordinary Meeting was held in Cairns on the 22 August 2003. Attached are the Minutes of the Meeting.

COMMENT: Presentations were made to the meeting from Mr J McIntyre from Tourism Tropical North Qld, and Mr A Gourley Founder and National Co-ordinator, Hotel Chaplaincy. A variety of issues were raised and are noted in the Minutes. Cr Pezzutti as Cairns City Council representative may wish to raise specific matters for Council attention.

ATTACHMENT Minutes of 49th Ordinary Meeting of the Far North Regional Organisation of Councils held on 22 August 2003. P M Tabulo General Manager – City Development

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11 SEPTEMBER 2003

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MITIGATING THE ADVERSE IMPACTS OF FLOOD, BUSHFIRE AND LANDSLIDE Nikki Huddy : 8/20/1-83 : #675040

RECOMMENDATION: That the report be noted.

INTRODUCTION: The Minister for Local Government and Planning adopted State Planning Policy 1/03 Mitigating the Adverse Impacts of Flood, Bushfire and Landslide on 19 May 2003 and the Policy took effect on 1 September 2003. The State Planning Policy 1/03 was made under Schedule 4 of the Integrated Planning Act 1997. A full copy of the policy is available from the Department of Local Government & Planning or http://www.ipa.qld.gov.au/codes/codespolicies.asp From a Council perspective, the consideration of the policy is mandatory for development that increases the number of people likely to live or work in an area that is impacted by Flood, Bushfire or Landslide, which in light of the triggers included in the policy means that almost all Material Change of Use and Reconfiguring a Lot applications will trigger the policy. This will increase the level of information to be provided by applicants, and will also increase the amount of assessment time for Council staff. It is likely that in the initial stages, there will be an increase in information requests to ensure that proposals have meet the requirements of the policy. It is likely that future emergency funding provided by the state, will not be available, unless it can be demonstrated that the area impacted upon by the natural disaster was designed and constructed in accordance with the State Planning Policy requirements.

BACKGROUND: The Queensland Government considers that development should minimise the potential adverse impacts of flood, bushfire and landslide on people, property, economic activity and the environment. The State Planning Policy sets out the State’s interest in ensuring that the natural hazards of flood, bushfire, and landslide are adequately considered when making decisions about development.

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COMMENT: The State Planning Policy generally applies to ‘Natural Hazard Management Areas’ throughout Queensland. However, the application of the State Planning Policy for bushfire and landslide is limited to a list of relevant the local governments, including Cairns. 1. A natural hazard management area (flood) is land inundated by a Defined Flood

Event (DFE) and identified in a planning scheme. For the Cairns City area Q100 flood mapping is available. Additionally, mapping for Drainage Management Plans is also available for select areas within the City. There is a need to collate this information and then include it in the Planning Scheme.

2. A natural hazard management area (bushfire) within Cairns City is defined by the

Medium and High hazard areas on the Bushfire Risk Analysis maps produced by the QFRS, which are available for viewing at http://www.ruralfire.qld.gov.au/mapping/shire_risk/pdf/cair_risk.pdf . It is acknowledged that this mapping is at a very high level and there is likely to be some difficulty in interpreting and applying the mapping. This information will need to be refined and included in the Planning Scheme. Funding is available through the State Government to further this project.

3. A natural hazard management area (landslide) is identified by mapping and will be included in CairnsPlan, it is noted that the current mapping is very technical and there is a need to refine this mapping to make it more relevant in the Planning Scheme. In addition to the State Planning Policy includes a default measure that includes all land of 15% and greater slope (i.e. almost flat) and other land known or suspected by the local government as being geologically unstable, together with other areas that the local government considers may be adversely affected by a landslide event.

CONSIDERATIONS: Statutory: Under the Integrated Planning Act 1997 (IPA), the State Planning Policy has effect when development applications are assessed, when planning schemes are made or amended and when land is designated for community infrastructure. In natural hazard management areas the Policy applies as follows:

a. in natural hazard management areas for flood, bushfire or landslide to

material changes of use and associated reconfigurations of a lot that: increases the number of people living or working in the natural hazard

management area (e.g. residential development, shopping centres, tourist facilities, industrial or commercial uses) except where the premises are only occupied on a short-term or intermittent basis (e.g. by construction/maintenance workers, certain agricultural and forestry workers); or

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involves institutional uses where evacuating people may be particularly

difficult (e.g. hospitals, education establishments, child care, aged care, nursing homes and high security correctional centres); or

involves the manufacture or storage of hazardous materials in bulk; or would involve the building or other work described in (b) and (c) below

as an intrinsic element of the development proposal; and b. In natural hazard management areas for flood, to building or other work that

involves any physical alteration to a watercourse or floodway including vegetation clearing, or involves net filling exceeding 50 cubic metres; and

c. In natural hazard management areas for landslide, to building or other work on potentially unstable slopes that involves:

earthworks exceeding 50 cubic metres (other than the placement of topsoil); or

vegetation clearing; or redirecting the existing flow of surface or groundwater.

Policy: The State Planning Policy Guideline provides advice on how to achieve these specific outcomes including the following. Natural hazard Specific outcomes Flood 1. Development maintains the safety of people on the development site from all

floods up to and including the DFE. 2. Development does not result in adverse impacts on people’s safety or the capacity

to use land within the floodplain. 3. Development minimizes the potential damage from flooding to property on the

development site. 4. Public safety and the environment are not adversely affected by the detrimental

impacts of floodwater on hazardous materials manufactured or stored in bulk. 5. Essential services infrastructure (e.g. on-site electricity, gas, water supply,

sewerage and telecommunications) maintains its function during a DFE. Bushfire 6. Development maintains the safety of people and property by:

a. avoiding areas of High or Medium bushfire hazard; or b. mitigating the risk through:

allotment design and the siting of buildings; and including firebreaks that provide adequate setbacks between

buildings/structures and hazardous vegetation, and access for fire-fighting/other emergency vehicles; providing adequate road access for fire-fighting/other emergency vehicles and safe evacuation; and providing an adequate and accessible water supply for fire-fighting

purposes.

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7. Public safety and the environment are not adversely affected by the detrimental

impacts of bushfire on hazardous materials manufactured or stored in bulk. Landslide 8. Development maintains the safety of people, property and hazardous materials

manufactured or stored in bulk from the risk of landslide. Financial: 1. The potential financial costs to Council lie in the ability to obtain emergency

funding from the State and Federal Governments. It is likely that future emergency funding will not be available, unless it can be demonstrated that the area impacted upon by the natural disaster was designed and constructed in accordance with the State Planning Policy requirements.

2. There are acceptable levels of mapping or default measures available to address

flooding, bushfire and landslide at the introduction of this policy. However, there will be ongoing costs to Council while mapping is refined. Funding is available for part of this work, through the State Government. Council has been successful in obtaining this funding before, and further funding applications will be made this financial year.

Social: The introduction of the policy will require the community and in particular the development community to re-consider their approach to design, to ensure that suitable buffers and other measures are in place. In particular the requirements for Bushfire and Landslide are now required to be designed for.

CONSULTATION: The SES and Department of Local Government & Planning have undertaken consultation over a 2 year period, including a final workshop held in August. The workshop was not well attended by the development community and it is likely that there will be some lag between the date that the policy has effect and when developers start to implement the requirements. This is likely to result in more assessment by Council Officers to ensure compliance.

OPTIONS: Not applicable.

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CONCLUSION: The State Planning Policy took effect on 1 September 2003, and Council is required to consider the impacts of the Policy when assessing development applications.

ATTACHMENTS: Not applicable. Nikki Huddy Manager City Assessment

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11 SEPTEMBER 2003

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RESPONSE TO DEPARTMENT OF TOURISM, RACING AND FAIR TRADING – LIQUOR LICENSING DIVISION – LIQUOR LICENCE APPLICATIONS Anna Cronin: 8/20/6-01: #674226

RECOMMENDATION: That the applicant and the Liquor Licensing Division be advised of the following comments in relation to the proposed liquor licence application and extended hours permit: New Liquor Licence Application 1. Council has no objection to the proposed Residential Licence, located at

Quest Marlin Cove, 2 Keem Street, Trinity Beach, and described as Lot 43 on RP106699, providing liquor is served in a responsible manner.

Extended Hours Permit 2. Council has no objection to the proposed Extended Hours Permit for the

Cannon Park Racecourse, located at 593-619 Bruce Highway and 585-587 Mulgrave Road, Woree, and described as Lot 3 on RP707561 and Lot 8 on RP718936, providing liquor is served in a responsible manner.

EXECUTIVE SUMMARY: The Department of Tourism, Racing and Fair Trading, Liquor Licensing Division has written to Council advising of a new liquor licence application and an application for an extended hours permit. Council now has the opportunity to consider the proposals and submit comments to the Liquor Licensing Division.

PLANNING CONSIDERATIONS: The following comments are provided for the proposed liquor licence application and extended hours permit.

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NEW LIQUOR LICENCE APPLICATION 1. Quest Marlin Cove, Trinity Beach Phillip Goldburg has applied for a Residential Licence (Provision of accommodation and public dining) for Quest Marlin Cove, located at 2 Keem Street, Trinity Beach, and described as Lot 43 on SP106699. Should this licence be granted it would enable the sale of liquor to a resident or a guest of a resident for consumption on the premises at any time and up to 9 litres for consumption off the premises to residents only. Members of the general public may be sold liquor for consumption on the premises in an area used for the primary purpose of eating meals prepared and served to be eaten on the premises. However liquor may be sold in this area to patrons who are non-diners (i.e. only there to have a drink). The proposed trading hours are 10 am to 12 midnight, Monday to Sunday and 24 hours per day to residents and guests. A copy of the notice of application is attached at Appendix 1. The subject land is included within the Special Facilities zone in the Planning Scheme for the Balance of the City of Cairns, which supports the development of a Residential Resort Complex in accordance with Plan of Development No. WD1-00U. Subsequently, the existing resort complex is lawfully established and there are currently no planning objections. General Policy – Liquor Licensing The proposal is consistent with Council’s General Policy – Liquor Licensing. Divisional Councillor Comments The Divisional Councillor has no objections to the proposed liquor licence. EXTENDED HOURS PERMIT 2. Cairns Jockey Club Inc, Cairns David Ritter on behalf of the Cairns Jockey Club Inc. has applied for an extended hours permit for their existing On-premises (Other Activities) Licence at the Cannon Park Racecourse, located at 593-619 Bruce Highway and 585-587 Mulgrave Road, Woree, and described as Lot 3 on RP707561 and Lot 8 on RP718936. The current trading hours are: • 4 pm to 7 pm – Monday and Wednesday • 4 pm to 11 pm - Thursday • 11 am to 11 pm – Tuesday, Friday and Saturday

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The proposed trading hours are: • 10 am to 12 midnight – Monday to Saturday • 8 am to 12 midnight – Sunday The reason for the proposed trading hours is to allow the sale and consumption of liquor on race days or functions held at the Cairns Jockey Club, and to the Cairns Jockey Club, members and employees on other days. The standard trading hours approved by the Liquor Licence Division are 10 am to 12 midnight, Monday to Sunday. A copy of the notice of application is attached at Appendix 2. The subject land is included within the Open Space zone in the Planning Scheme for the Balance of the City of Cairns. The Cairns Jockey Club already has an existing On-premises (Activities) Licence and is an application for extended trading hours. Therefore the proposed use is ancillary to the existing use and there are currently no planning objections. General Policy – Liquor Licensing Council’s General Policy for Liquor Licensing does not specify the opening hours for this particular liquor licence, and therefore the proposal is compatible with the General Policy. Divisional Councillor Comments The Divisional Councillor does not have any objection to the proposed Licence and supports the proposal. ATTACHMENTS: 1. Quest Marlin Cove, Trinity Beach 2. Cairns Jockey Club Inc, Woree. Anna Cronin Planning Officer Nikki Huddy Manager, City Assessment

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APPENDIX 1

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APPENDIX 2

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11 SEPTEMBER 2003

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REQUEST FOR VARIATION OF TOWN PLANNING SCHEME PROVISIONS – CARPARKING – SOUTHERN CROSS ATRIUM APARTMENTS, WATER STREET CAIRNS Allisen Wright: 8/20/1-81 : #652944 PROPOSAL: VARIATION OF TOWN PLANNING SCHEME

PROVISION APPLICANT: SOUTHERN CROSS ATRIUM APARTMENTS BLUEWATER PROPERTIES C/- PETER ROBINSON PLANNING P O BOX 4751 CAIRNS Q 4870 LOCATION: 3 WATER STREET, CAIRNS CITY PROPERTY: LOT 423 ON SP150208, PARISH OF CAIRNS ZONE: SPECIAL FACILITIES (IN ACCORDANCE WITH

PLAN OF DEVELOPMENT 1A) ZONE STRATEGIC PLAN: CBD DCP: DCP 1 RESIDENTIAL DENSITIES; DCP 2

HEIGHT AND IMPACT OF BUILDINGS REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE DIVISION: 6 APPENDIX: 1. SITE PLAN SHOWING 40% LANDSCAPE

AREA 2. SITE LAYOUT PLANS AND ELEVATIONS

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LOCALITY PLAN

RECOMMENDATION: That Council advise the applicant of the following in relation to the request for dispensation of planning scheme requirements for Lot 423 on SP150203 located at 3 Water Street, Cairns: 1. Car parking – Council will accept a reduced rate of car parking for the

proposed development, in its most intensive form, beyond the recommendations of the Car Parking Review - Tourist Accommodation Developments of 0.5 spaces per unit. That is the applicant must provide a minimum of thirty-two (32) car parking spaces for the proposed development which consists of a Manager’s Residence, Motel (31 motel suites), and Holiday Apartments (31 units).

A minimum of thirty-one (31) car parking spaces must be provided on-site.

A contribution in lieu of the shortfall of one (1) car parking space must be paid to Council prior to the issue of a Development Permit for Building Work. The contribution must be paid, at the rate applicable at the time of payment. The current rate is $19,717.84 per car parking space.

2. Setbacks – The setbacks indicated on the submitted layout plan, received by

Council on 3 July 2003, are acceptable.

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3 Communal Landscaped Open Space – The applicant must provide

communal landscaped open space in accordance with the requirements of the Planning Scheme for Part of the City of Cairns subject to the following:

a. The applicant must submit to Council for approval a scaled landscape

plan clearly indicating the areas to be landscaped, including hard and soft landscaping, prior to the issue of a Development Permit for Building Work. The landscape plan must be to the satisfaction of the Chief Executive Officer.

b. The applicant shall be required to make a monetary contribution for the

shortfall in landscaped open space in accordance with Council’s (draft) CBD – North Cairns LAOSMP prior to the issue of a Development Permit for Building Work. The contribution must be paid at the rate applicable at the time payment is made.

c. The applicant shall be responsible for the upgrading of the landscaping

to the Water Street road reserve adjacent to the subject site. The proposed streetscape improvements shall be approved by the Chief Executive Officer. The ongoing maintenance of the streetscape improvements shall be the responsibility of the developer/owner and shall be maintained to the satisfaction of the Chief Executive Officer.

4. Headworks contributions will be applicable to the proposed development in

accordance with the Deed of Agreement and Council’s Water Supply and Sewerage Headworks Policy and are payable prior to the issue of a Certificate of Classification for Building Work. On the present method of calculation, the estimated total headworks contributions are $77,477.08 (22.2 EDC) for water and $57,594.50 (25.4 EDC) for sewerage.

5. Stormwater drainage contributions will be applicable to the proposed

development in accordance with the Deed of Agreement and are payable to Council prior to the issue of a Certificate of Classification for Building work. The contribution rate is that which is current at the time of payment. The current contribution is $9,992.25 . This amount being 17.3% of the total contribution required for Parcel B ($50,330.00), with a 114.76%. indexation (30 September 2003).

6. The proposed restaurant indicated on the submitted plans shall be for the

use of in-house guests only. If the restaurant is to seek and/or obtain patronage from the general public additional car parking will be required at the applicable rate.

7. The conditions of the dispensations must be effected prior to the issue of a

Certificate of Classification for Building Work, except where specified otherwise in these conditions of dispensation.

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EXECUTIVE SUMMARY: The applicant is seeking dispensations in relation to car parking, front boundary setback and communal landscaped open space for 31 dual key holiday apartments in Water Street, Cairns City. Similar dispensations have previously been sought and granted for Stage 1 of the development, albeit that a greater dispensation is now being sought in relation to car parking. Council Officers have assessed the dispensations requested and consider them to be acceptable with the exception of the car parking dispensation. TOWN PLANNING CONSIDERATIONS: Background The Council at its Ordinary Meeting on 26 September 2002 considered the applicant’s proposal for Stage 1 of a Holiday Apartment development at Water Street, Cairns City, and resolved to grant dispensations in relation to car parking, front boundary setback and communal landscaped open space. A monetary contribution was sought in lieu of the shortfall of on-site car parking. In addition the applicant was required to undertake works to upgrade the landscaping to the water street road reserve adjacent to the subject site. The applicant subsequently voiced dissatisfaction with the contribution required in lieu of the car parking spaces unable to be provided on the subject site and provided additional information and data to support the argument for a dispensation in relation to the car parking required for the proposed development. The data was reviewed and at its Ordinary Meeting on 28 November 2002 Council resolved to further reduce the applicable car parking rate to 0.5 spaces per unit, applicable to both the self contained Holiday Apartments and the Motel suites (non self contained). The Proposal The dispensations granted previously were in relation to Stage 1 of the proposed development. The applicant is now seeking the necessary dispensations to proceed with Stage 2 of the development, which will involve 31 dual key apartments and a manager’s residence. The applicant is requesting dispensations in relation to: Car parking Front boundary setback Communal landscaped open space

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Discussion Car Parking As discussed previously Council has supported a reduction in the applicable car parking rate to 0.5 spaces per unit, applicable to both the self contained Holiday Apartment and the Motel suite (non self contained) components of the Dual Key development. The applicant is now seeking a further dispensation for the provision of car parking at the rate of 0.3 spaces per room. The applicant bases the request for further dispensation on the same surveys and data provided in November 2002 in support of the dispensation to allow the provision of on-site car parking at a rate of 0.5 spaces per unit. No additional surveys, studies or data has been provided in support of the request for the further reduction of car parking in association with Stage 2 of the proposed development. Council has already granted a substantial dispensation in allowing the provision of car parking at the rate of 0.5 spaces per unit for Stage 1. Stage 1 is not yet operational and therefore no feedback or data can be collected to provide any guide to future car parking rates for the proposed dual key development. As such it is considered that the same car parking rate be applied to Stage 2 as applicable to Stage 1, that is, 0.5 spaces per unit. The applicant is proposing to construct 31 dual key holiday apartments and a manager’s unit which can be configured as: • 31 one bedroom holiday apartments • 31 motel suites • 1 manager’s apartment which is a total of 62 holiday apartments and motel suites and 1 manager’s unit. The car parking must therefore be provided at the following rate. 62 x 0.5 car parking spaces = 31 spaces 1 x 1 manager’s unit = 1 space Total = 32 spaces The applicant has indicated the provision of 31 on-site car parking spaces. However they have requested ‘a dispensation as the area set aside for parking is wasted and better used for open space, amenities etc.’. That is they have sought a dispensation to provide car parking only at the rate of 0.3 spaces per unit and thus convert some of the car parking spaces shown on the submitted plan into landscaped areas. However, considering the discussion above in relation to the applicable of a reasonable car parking rate for the proposed development it is considered that the rate of 0.5 spaces per unit must be applied. At this rate, for the most intensive scenario of 31 Holiday Apartments, 31 Motel suites and one manager’s unit the car parking required would be thirty-two (32) spaces; a minimum of thirty-one (31) spaces must be provided on-site, with a monetary contribution in lieu being paid to Council for the shortfall of one (1) space.

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Setbacks The subject site is subject to a Deed of Agreement as a result of the Special Facilities zone. The Deed requires a 6m setback to the Water Street frontage, which can be varied with the consent of Council. The applicant proposes a reduced setback to the Water Street frontage, a minimum of 2.205 metres, and a maximum of 3 metres. Council has previously supported reduced setbacks to this frontage for other development proposals in this precinct, including Stage 1 of this development, on the basis that:

• Development Control Plan 2 – Height & Impact of Buildings allows a nil setback; and

• Landscaping and a well articulated facade treatment will be implemented. The proposed development represents an attractive and appropriate design solution and is an extension of the built form established with adjoining Stage 1. Communal Landscaped Open Space The planning scheme requires the proposed development to provide communal landscaped open space at the rate of 20m2 per 1 bedroom unit; 10m2 per motel suite; and 30m2 for the manager’s residence. 20m2 per one bedroom unit x 25 units = 500 m2 10m2 per motel room x 37 motel rooms = 370 m2 30m2 per 2 bedroom unit x 1 manager’s unit = 30 m2 TOTAL = 900 m2 The development is therefore required to provide 900m2 of open space, 40% (360m2) of which should be provided in the one area with a length to breadth ratio of 2:1. The applicant advises that sufficient area for communal landscaped open space has been provided, however the central recreation area including a swimming pool and associated facilities fails to meet the length to breadth ratio of 2:1. The requested dispensation is similar to that granted for Stage 1 of the proposed development and as such a minor relaxation of the maximum length to breadth ratio of 2:1, as indicated on the submitted site layout plan, is considered acceptable. It is agreed that little additional benefit would be gained to the overall development proposal if the dimensions of the communal landscaped open space area were expanded to meet the required length to breadth ratio. In lieu of the development complying with the minimum dimension requirements for the communal open space it shall be a condition of dispensation that the applicant undertakes works to upgrade the landscaping to the Water Street road reserve adjacent to the subject site.

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Finally however, from the submitted plans it is difficult to determine if the applicant has provided sufficient communal landscaped open space to satisfy the provisions of the planning scheme. It is likely that an overall shortfall in communal landscaped open space exists for the proposed development but the submitted plans make it impossible to calculate. Therefore it shall be conditioned that the applicant provides a scaled landscape plan clearly indicating the areas to be landscaped. If a shortfall in communal open space is then calculated the applicant will be required to make a monetary contribution in accordance with Council’s (draft) CBD- North Cairns Local Area Open Space Management Plan (LAOSMP) at the rate applicable at the time of payment. Headworks / Contributions: The Deed of Agreement associated with the rezoning of the site requires the developer to make contributions towards water and sewerage headworks and towards stormwater drainage at the following rates: a. Prior to the issue of a certificate of classification for the Development on Parcel B,

the Developer must pay to the Council:

i. in respect of water supply an amount up to, but not exceeding; $1735.09 for each 3 bedroom unit, $1245.00 for each 2 bedroom unit and

$750.00 for each 1 bedroom unit in any residential component of the Development on Parcel B;

ii. in respect of sewerage services an amount up to, but not exceeding: $1940.00 for each 3 bedroom unit, $1390,00 for each 2 bedroom unit and

$830,00 for each 1 bedroom unit in any residential component of the Development on Parcel B;

iii. in respect of stormwater drainage an amount up to, but not exceeding: $50,330.00 in respect of the residential component of the Development on

Parcel B;

b. The exact amount of the contribution referred to in paragraph (a) will be determined once the detail of the Development on Parcel B is determined by the Developer.

c. Indexation – all sums payable to the Council by the developer will be indexed so

that in each case the sum paid will reflect any rise or fall in the roadworks input cost index, published from time to time by the Department of transport for the period from 01 July 1994 until the date of issue of a building approval for Parcel A or Parcel B as the case may be.

These provisions allow for the adjustment of the contributions in accordance with the current rate at the time of payment.

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Water Manager’s residence 0.5 EDC 31 x 1 bedroom holiday apartments 9.3 EDC 31 Motel suites 12.4 EDC Total 22.2 EDC @ $3,489.96 per EDC = $77,477.08 Sewerage Manager’s residence 0.6 EDC 31 x 1 bedroom holiday apartments 12.4 EDC 31 Motel suites 12.4 EDC Total 25.4 EDC @ $2,267.50 per EDC = $57,594.50 Stormwater The Deed of Agreement requires a stormwater contribution of $50,330.00 (in 1994 dollars to be indexed in accordance with the RICI index) in respect of the residential component of the Development on Parcel B. The residential component of Parcel B is all allotments on the western side of Water Street, between Aplin and Florence Streets, with frontage to Water Street. The site (2798m2) represents 17.3% of the total area and therefore the value of the contribution to stormwater drainage should be 17.3% of $50,330.00 indexed in accordance with the RICI index. Allisen Wright Team Leader Action Officer Nikki Huddy Manager – City Assessment

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APPENDIX 1

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APPENDIX 2

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11 SEPTEMBER 2003

6

CLARIFICATION OF THE DEFINITION OF HEAVY VEHICLES AND THE PARKING OF HEAVY VEHICLES ON LOW DENSITY RESIDENTIAL ZONED LAND Allisen Wright AEW : 8/20/1-83 #676703

RECOMMENDATION: A. That Council resolve that the parking of heavy vehicles, as defined under the

Transport Operations (Road Use Management) Act 1995, is not consistent with the intent of the Low Density Residential zone.

B. That Council resolve that the parking of one (1) heavy vehicle, as defined in

the Transport Operations (Road Use Management) Act 1995, may be considered ancillary to the residential use of the land provided no substantiated complaints are received in relation to negative impacts on the residential amenity of the surrounding area. Should substantiated complaints be received by Council in relation to the parking of a heavy vehicle Council may require that the heavy vehicle be permanently relocated to a more suitably zoned property.

INTRODUCTION: At a recent meeting the Councillors requested that clarification be provided in relation to the definition and interpretation of ‘heavy vehicles’ and the provisions and/or restrictions related to the parking of same on Low Density Residential zoned properties.

BACKGROUND: The clarification of the definition of a ‘heavy vehicle’ has been requested as a result of a complaint and Council’s subsequent issue of a Show Cause Notice and an Enforcement Notice in relation to the storage of a large semi trailer (prime mover and trailer) and a disabled Pantech vehicle on a Low Density Residential zoned property in Edmonton. This matter has raised the question as to whether or not a person living on a Low Density Residential zoned property has the right to park a heavy vehicle on the property.

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COMMENT: Both the Planning Scheme for Part of the City of Cairns and the Balance of the City of Cairns include the land use definition of ‘Heavy Vehicle Parking’ which is generally:

Any premises not elsewhere herein defined, used or intended for use for the storage, garaging or parking of heavy vehicles. The term includes running repairs, servicing and cleaning of such vehicles of a minor nature and a type which do not normally immobilise a vehicle for a period longer than 2 hours.

Heavy Vehicle Parking is not a preferred use (previously prohibited) in all residential zones, including the Low Density Residential zone, with the exception of the Village zone in the Balance Scheme in which the use is permissible development (impact assessment). The land use definition refers to a ‘heavy vehicle’, which is not further defined in either of the Planning Schemes. As such it is a matter of subjective interpretation as to whether the parking of a vehicle other than a passenger vehicle, and possibly a commercial vehicle, on a residential property constitutes Heavy Vehicle Parking. It is suggested that in the absence of clarification within the Planning Scheme(s) reference should be made to the most relevant alternative legislation, in this case the Transport Operations (Road Users Management) Act 1995 (herein referred to as the Act). The Act defines a ‘heavy vehicle’ as:

(a) a vehicle with a GVM of more than 4.5t; or (b) a public passenger vehicle; or (c) another vehicle providing services on a road for which a licence is required

under a transport act; or (d) a vehicle transporting dangerous goods –

(i) for reward; or (iI) if the amount of dangerous goods is greater than the amount prescribed

under a regulation; or (e) a vehicle used for driver training for reward.

This definition refers to a ‘vehicle’, which the Act further defines as:

Any type of transport that moves on wheels and a hovercraft but does not include a train or tram.

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CONSIDERATIONS: The Low Density Residential zone is intended to provide for an alternative type of residential living generally on large acreage allotments. This zone generally caters for residential living and for this reason industrial or commercial uses are not appropriate unless they are rural based and are not likely to impact upon the amenity of the area or pose an undue load upon the traffic network or services of the area. The question is then, is the parking of one (1) heavy vehicle as defined in the Act considered ancillary to the occupation of a property in the Low Density Residential zone or does it constitute Heavy Vehicle Parking as defined in the Scheme(s)? There are a number of potential impacts on residential amenity associated with the parking of heavy vehicle(s) on Low Density Residential zoned properties. The creation of noise and fumes from the entering and exiting of the heavy vehicles and the warming up of the heavy vehicles on the premises before departure would disturb the residential amenity of the surrounding area, as would the maintenance of heavy vehicles on the premises. Dust can also be a problem as in most cases the driveways associated with these properties are unsealed. Moreover, as a result of the change in the minimum lot size in this zone from 8,000m2 to 4,000m2 a large number of these allotments are being reconfigured into 4,000m2 allotments necessarily creating a considerable number of battleaxe allotments whereby the subdivided property at the rear obtains access by a narrow strip down the side of the front property. In this case the impacts on the amenity of adjoining residences caused by the movement of the heavy vehicle may be exacerbated if the heavy vehicles were to be parked on a rear (battleaxe) allotment. In itself the minimum lot size of 4,000m2 is not large in terms of the potential to ameliorate any of the negative impacts associated with the parking of a heavy vehicle(s) on a Low Density Residential zoned property. Overall it is considered that the parking of heavy vehicles is not consistent with the intent of the Low Density Residential zone and has the potential to result in negative impacts on the residential amenity of adjoining and surrounding residential properties and the potential to create considerable conflict with the residential use of the land. It is a use more reasonably associated with industrial zoned land. Having said this it may be reasonable for a person, resident on a Low Density Residential zone property, to park one (1) heavy vehicle on their premises that is necessarily associated with their business or the residential use of the land provided it does not have any undue impact on the residential amenity of the surrounding area. To this end it is suggested that the parking of one (1) heavy vehicle on a Low Density Residential zoned property should be considered ancillary to the residential use of the land unless substantiated negative impacts on the residential amenity are observed and confirmed. In this case Council may require that the heavy vehicle(s) be relocated to a more suitable zone.

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CONSULTATION: This report has been prepared in consultation with Officers of Council’s Local Laws and Enforcement Unit who prepared the original Show Cause and Enforcement Notices that raised the question in relation to the parking of heavy vehicles on Low Density Residential zoned land.

CONCLUSION: That the parking of heavy vehicles, as defined under the Transport Operations (Road Use Management) Act 1995, is not consistent with the intent of the Low Density Residential zone and has the potential to result in negative impacts on the residential amenity of adjoining and surrounding residential properties and the potential to create considerable conflict with the residential use of the land. It is a use more reasonably associated with industrial zoned land. The parking of one (1) heavy vehicle, as defined in the Transport Operations (Road Use Management) Act 1995, may be considered ancillary to the residential use of the land provided no substantiated complaints are received in relation to negative impacts on the residential amenity of the surrounding area. The parking of heavy vehicle parking is more appropriately located in an industrial zone.

ATTACHMENTS: Extracts from the Transport Operations (Road Use Management) Act 1995. Allisen Wright Team Leader Development Assessment Nikki Huddy Manager City Assessment

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APPENDIX 1

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11 SEPTEMBER 2003

7

PROPOSED CHANGES TO FEE SCHEDULE – SUBDIVISION SERVICES Nikki Huddy : 8/20/1-83 : #675049

RECOMMENDATION: That the fees and charges schedule for City Assessment be amended to include: 1. A new fee of 50% of the current application fee. Minimum fee $575.00 for the

re-assessment of an application, as a result of a substantial Council request for further information or a requirement for substantial amendments to drawings / design.

2. An increase in the fee for the re-inspection of outstanding construction works

to $1000 3. An increase in the fee for Checking of engineering drawings / designs for on

street works (local-law 22, self assessable development etc) to 2.5% of the estimated cost of works. Minimum fee $300.

4. A new fee of 50% of the current application fee, minimum fee of $575 for re-

checking of operational works and engineering drawings.

INTRODUCTION: At the annual review of fees and charges for City Assessment, no change was made to the construction and monitoring charges. It has become apparent that while the current rate for Engineering Plans for (Reconfiguring a Lot) and Construction Monitoring reflects the cost of such development assessment, the fee structure does not reflect the cost of re-assessing incomplete applications and requests for on maintenance inspections when the development is clearly not ready to be accepted on maintenance. There has been an increase in the number of incomplete applications and premature requests for on maintenance inspections. This is attributed to the increase in development within the City, and the associated pressure on the development community to have land available for sale. It is proposed that by introducing a fee for ‘re-assessment’ by City Assessment officers, that there will be an incentive for the development community to get things right the first time. The increased fee will only impact upon those in the development community who have not complied with the basic principles and requirements of the development manual.

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A detailed table of the recommended fees is included in Appendix 1.

BACKGROUND: The current boom in development within Cairns has placed increased pressure on the Development Consultants to create land for development. The increased number of applications for checking of engineering drawings (operational works) and for construction monitoring, has highlighted some inefficiencies in the current set-up for assessment and re-assessment. Essentially, a small number of developers/consultants are submitting sub-standard information to Council for assessment, and then placing demands on Council to deliver an approval. It is clear from the content and length of the information requests being sent by Council that some developers/consultants are effectively using Council to complete the design work.

COMMENT: This approach is encouraged by the current fee structure which requires: 1. No additional fee for Operational Works applications that require substantial re-

work, prior to an approval; 2. A fee of only $350.00 for the re-inspection of outstanding works (that is an ‘on-

maintenance inspection’) In two recent examples of Operational Works applications have been submitted with engineering plans that were previously prepared in the mid 1990’s with no consideration given to the changes in engineering standards, community expectations or environmental requirements. These applications have resulted in lengthy information requests being prepared by Council Officers. The information requested by officers is not considered to be unreasonable or unexpected for a development, as all requirements and specifications are included in the planning approval and/or the development manual. In a different example Council Officers attend 3 unsatisfactory on-maintenance inspections, over a period from May to August. Each new inspection requires officers to: re-familiarise themselves with the engineering detail; visit the site (this can easily take half a day including travel and inspection times) prepare a list of defects and or further correspondence with the developer /

consultant. This matter is still not resolved and at $350 per visit there appears is little incentive for the developer / consultant to get the development right the first time.

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CONSIDERATIONS: Statutory: The preparation of and change of fees is permitted in accordance with the provisions of the Local Government Act. Policy: The information requested by officers is not considered to be unreasonable or unexpected for a development, as all requirements and specifications are included in the planning approval and/or the development manual. As Operational Works is the final stage of assessment prior to the commencement new subdivisions (which become Council Assets), it is essential that the final product is designed and constructed to the standard specified in the Development Manual. As Council would be aware, during the planning assessment of applications, it is possible to defer some detail in design until the operational works stage, however it is not appropriate for Council Officers to accept shortfalls in design at the Operational Works stage. Financial: It is considered that it would be appropriate to: 1. Introduce a re-checking of Engineering Plans (for operational works and on street

works) fee of 50% of the applicable application fee, with a minimum fee of $575. 2. Increase the Construction Monitoring re-inspection fee to $1000. These fees are seen as reflecting the cost of the re-work to Council and it is intended that these fees also act as an incentive for developers/consultants to get the application right the first time. Social: The increase in fees is not likely to impact the majority of the members of the development community. That is those members who submit plans showing the correct information, the first time, or those members of the development community who arrange for on maintenance meetings – only when the development is complete. The increased fee will impact upon those in the development community who have not complied with the basic principles and requirements of the development manual.

CONSULTATION: Consultation has been undertaken within the City Assessment Branch. Additionally, to assist Council in managing the current workload, some operational works applications are being assessed by Consultants. The proposal has been discussed with this consultant who is also in support of the proposal.

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The proposed fee changes have also been discussed with the principles of two major development firms in the region. Based on discussion it is generally agreed that there is merit in the fee proposal. It is noted that there may be some difficulties in applying the fees in marginal cases and to this extent if the fees are introduced, it is considered appropriate to review the implementation and impact of the fees at the DILG meeting of June 2004. Most significantly, as a result of the discussions with the industry representatives, the fees have been moderated slightly to fall within what the representatives considered to be a reasonable fee for the works.

OPTIONS: Council adopt the proposed fee changes. Council choose not to adopt the proposed fee changes

CONCLUSION: It is recommended that Council adopt the changes as proposed.

ATTACHMENTS: Extract from current fee schedule, with proposed new fees shown in bold and underlined. Nikki Huddy Peter Tabulo Manager City Assessment General Manager City Development

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Appendix 1. Extract from City Assessment Fee Schedule Table TP6 Operational Works – Code Assessment / Local Laws

Development Permit or Preliminary Approval Category Current Fee Proposed Fee

Engineering Plans (Reconfiguration of a Lot) (a) Checking of engineering drawings &

designs (following a Reconfiguration Application). Fees are charges at per lot per discipline. Disciplines are Water; Sewerage Stormwater & Roadworks.

(b) Assess design per structure (i.e. Insitu Culverts, reservoirs, pump stations, lakes).

(c) Application for approval of substantially

amended engineering plans for amendments other than required by Council.

(d) Re-assessment of an application, as a result

of a substantial Council request for further information or substantial amendment to drawings / design.

Construction Monitoring

(a) Construction phase of reconfiguring a lot:

construction monitoring including one on and one off maintenance inspection for subdivisional work.

Fees are charged at per lot per discipline. Disciplines are: Water, Sewerage, Stormwater & Roadworks.

(b) Re-inspection of outstanding works. (c) Bonds for outstanding works / construction

security / stormwater management / erosion and sediment control

Engineering Plans (Other) (a) Checking of engineering drawings / designs

for on street works (local law 22, self assessable development etc).

(b) Checking of operational works (engineering

drawings / designs): building over / within 1.5 metres of existing sewer.

(c) Re-checking of operational works (a) or

(b) above

$200.00 per discipline plus $40.00 per lot per

discipline

1.5% of estimated cost – minimum fee

$250.00

25% of current application fee –

minimum fee $350.00

$200.00 per discipline plus $30.00 per lot

per discipline

$350.00

Deemed by Manager, City Assessment

$300.00 plus $65/hour in excess of 3 hours

assessment


assessment

$200.00 per discipline plus $40.00 per lot per

discipline

1.5% of estimated cost – minimum fee

$250.00

25% of current application fee –

minimum fee $350.00

50% of the current application fee.

Minimum fee $575

$200.00 per discipline plus $30.00 per lot

per discipline

$1000.00

Deemed by Manager, City Assessment

2.5% of the estimated cost of works.

Minimum fee $300


assessment

50% of the current application fee.

Minimum fee $575

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11 SEPTEMBER 2003

8

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – OUTDOOR ENTERTAINMENT (CABLE WATER SKI PARK) – CAPTAIN COOK HIGHWAY & KAMERUNGA ROAD Allisen Wright: 8/8/423-01 : #675957 PROPOSAL: OUTDOOR ENTERTAINMENT (CABLE WATER

SKI PARK) APPLICANT: K & V ENTERPRISES PTY LTD C/- C&B GROUP P O BOX 1949 CAIRNS Q 4870 LOCATION: CAPTAIN COOK HIGHWAY & KAMERUNGA

ROAD, SMITHFIELD PROPERTY: LOT 5 ON SP105735 (PART) AND LOT 1 ON

RP894173 (PART), PARISH OF SMITHFIELD ZONE: SPECIAL FACILITIES (GENERALLY IN

ACCORDANCE WITH PLAN OF DEVELOPMENT NO.5010-47 IN SCHEDULE A AND TABLE OF DEVELOPMENT NO. 5010-47 IN SCHEDULE B OF DEVELOPMENT APPROVAL 8/8/25) ZONE

STRATEGIC PLAN: RURAL DCP: HILLSLOPES DCP, CATEGORY A –

UNCONSTRAINED SMITHFIELD DCP – PRECINCT 4

REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: THREE (2 FOR AND 1 AGAINST) STATUTORY ASSESSMENT DEADLINE: 22 SEPTEMBER 2003 DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN 2. INFORMATION REQUEST

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LOCALITY PLAN

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

Water Ski Park) over land described as Part of Lot 5 on SP105735 and Part of Lot 1 on RP894173 located at Captain Cook Highway and Kamerunga Road, 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(s) generally in accordance with:

a. The approved Plan of Development Drawing No. SK 01a dated 22

October 2002 prepared by CMG Consulting Engineers Pty Ltd attached;

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

the application submitted to Council; and c. To ensure that the development complies in all respects with the

requirements of Council's Planning Scheme, Development Manual and good engineering practice.

Except where modified by these conditions of approval.

Captain Cook Highway

Australian Woolshed

Skyrail

Cable Water Ski Lake

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Timing of Effect 2. 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.

CONTRIBUTIONS Water Supply and Sewerage Contributions 3. 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 $5,931.44 (2.0 EDCs) for water and $3,839.07 (2.0 EDCs) for sewerage. Payment is required prior to the issue of a Development Permit for Building Work.

Drainage Contributions 4. The applicant/owner must contribute towards the augmentation of

stormwater drainage services and associated services in accordance with Smithfield (Avondale Creek) Drainage Management Plan or Drainage Management Plan applicable at the time of payment.

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

The current rate of contribution is $40,104.77 (8.848Ha). Payment is required prior to the issue of a Development Permit for Building Work.

Local Drainage Study

5. The applicant/owner must undertake a local drainage study on the subject land to determine the drainage effects on upstream, downstream and surrounding properties and the mitigation measures required to minimise such effects. In particular, the post-development discharge of stormwater from the subject land must not exceed pre-development levels. The study should identify 100 year ARI drainage levels and the potential impact the proposed lake has on local drainage. The study must be submitted and endorsed by the Chief Executive Officer prior to issue of Development Permit for Operational Works.

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Water Supply and Sewerage Works 6. The applicant/owner must carry out water supply and sewerage works

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

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 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 prior to the commencement of the use.

7. All existing creek systems and drainage areas of the subject site must

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

The applicant/owner must obtain any necessary approvals from the

Department of Natural Resources and Mines for carrying out works in a watercourse.

Car Parking and Access

8. The amount of vehicle parking must be a minimum of thirty (30) spaces and two (2) bus parking bays.

9. 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.

10. The car parking must be constructed in accordance with Council’s

Development Manual specifications prior to the 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.

Protection of Landscaped Areas From Parking

11. The landscaped areas adjoining the car parking area must be protected

from vehicular encroachment by a 150mm high vertical concrete kerb or similar obstruction and must be submitted and approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

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12. An all weather shelter must be provided at the designated passenger

drop off zone indicated on the submitted site plan, of sufficient size to cater for the arrival and departure of the anticipated visitor numbers, particularly by coach. Details of the shelter must be provided in conjunction with the landscape plan(s).

13. The applicant must monitor utilisation of the car parking facilities for a

period of 12 months (via a method pre-approved by Council) and should a need be identified during that period, provide additional car parking to accommodate any identified shortfall to the satisfaction of the Chief Executive Officer.

14. Should the applicant wish to expand the operation of the facility in the

future and/or provide additional/ancillary activities on the site additional car parking and/or a professionally prepared traffic report may be required at that time to the satisfaction of the Chief Executive Officer.

15. All access to the Cable Water Ski Park on Part of Lot 5 must be via the

nominated access point across Part of Lot 1 (Skyrail) unless an alternative access point can be negotiated with the Department of Main Roads or the proposed road layout and hierarchy for the adjoining residential subdivision is sufficient to accommodate the traffic associated with the Outdoor Entertainment facility without having a negative impact on the amenity of the area, to the satisfaction of the Chief Executive Officer.

Landscaping 16. 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 submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. In particular, the plan must show:

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

and further planting of trees and shrubs; c. details of the location and elevations of the all weather shelters to

be constructed throughout the development for patrons of the facility. The shelters must be designed with a tropical character and consistent with the nature and quality of the adjoining commercial development of Skyrail and Tjapukai and must be aesthetically pleasing when viewed from the Skyrail cableway. The design of the structures must be approved by Council in conjunction with the landscape plan(s).

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d. A suitable landscape buffer to the front, side and rear boundaries

of the subject site. Such buffer shall incorporate mounding and a suitable screen/security fence and shall be planted and maintained with dense planting sufficient to provide a definite and effective visual barrier.

c. Inclusion of all landscape requirements as detailed in the

application and associated reports; and other relevant conditions included in this Approval, with a copy of this Development Approval to be given to the Applicant/Owner’s Landscape Architect/Designer for consideration in plan preparation.

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

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

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.

LAKE

17. The lake will not be the responsibility of Council and will NOT be handed to Council as parkland contribution or drainage reserve. The lake and its maintenance will be the sole responsibility of the applicant/owner.

18. The applicant/owner shall ensure that the design of the lake is such

that:-

a. the zone of water depth which is supportive of plant growth weed species and of excess plant growth from undesirable species will be minimised so as to reduce maintenance costs.

b. an influx of nutrients into the lake does not create algal blooms

that create potential management issues with associated financial and environmental implications.

c. potential accumulation of litter and scum primarily dictated by

prevailing winds can be removed without difficulty and without time consuming and laborious procedures.

d. potential ‘dead water’ spots in the lake are eliminated. 19. A suitable buffer is to be provided between the lake top bank and the

adjacent property Lot 1 on RP894173 (Skyrail).

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20. If the proposed lake is to be used as a sediment trap during

construction all silt shall be removed prior to any water entering the lake.

21. The proposed treatement of the lake edge shall be constructed to

prevent slippage or settlement and be structurally certified by a Registered Professional Engineer of Queensland together with a geotechnical report on the proposed works stability.

Water Quality and Monitoring 22. The proposed lake must be constructed and so designed that water

quality within the lake system is maintained at acceptable levels in accordance with the ‘Australian and New Zealand Guidelines for Fresh and Marine Water Quality’ (ANZECC and ARMCANZ 2000a) and with reference to the ‘Australian Guidelines for Water Quality Monitoring and Reporting’ (ANZECC and ARMCANZ 2000b).

23. The applicant/owner must undertake regular on-going testing and water

quality monitoring in accordance with the relevant Australian Standards and Guidelines.

GROUNDWATER 24. A Hydraulic Groundwater Study must be undertaken by a suitably

Qualified Consultant to determine any detrimental impact (such as groundwater levels, salinity) the proposed lake may have on the subject site and surrounding land and land-uses. The report is to be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

25. The Applicant/Owner must ensure that the operations and any resulting

change to groundwater patterns will not adversely effect the use or productivity of surrounding land, and any bore water extraction must be sustainable and not cause any detrimental impact on adjacent property owners in the area, in accordance with Department of Natural Resources and Mines requirements and to the satisfaction of the Chief Executive Officer.

If any bore water is to be pumped from groundwater in order to

supplement the lake levels as part of this development, the necessary bore water extraction permit must first be obtained from the Department of Natural Resources and Mines.

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Vector Control 26. The applicant/owner shall prepare a suitable vector (insect) control

program and algae control program in accordance with Queensland Health’s Guidelines to minimise mosquito and biting midge problems in new development areas March 2002. The program must include proposed measures to prevent and/or control insect vectors and algae in the lake (including a list of any fish species to be introduced). The vector control strategy should describe target species and their life cycles along with details of proposed chemicals and known effects on aquatic fauna, to the satisfaction of the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

The lake shall be designed such that mosquito production does not

pose a problem and the design of the lake takes into account the following:-

• the lake is maintained to ensure excessive vegetation in and

around the fringes does not occur; • the pH of the water is maintained at a level to support fish and

other aquatic organisms and acid sulfate soils do not become a problem; and

• drainage outflow areas are constructed to prevent the ponding of

water.

SOIL Acid Sulfate Soils – Investigation and Treatment 27. The applicant/owner must undertake a detailed Acid Sulfate Soil

investigation in the area to be affected by this development. Soil sampling and analysis must be undertaken in accordance with procedures specified in, ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) or updated version of document produced by Department of Natural Resources and Mines (DNRM – QASSIT), and State Planning Policy 2/02 - ‘Planning and Managing Development involving Acid Sulfate Soils’. The results of this investigation must be submitted to Council for approval prior to any earthworks or clearing being commenced on the site and prior to the lodgement of a Development Application for Operational Works.

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Identification of soils with a pyrite content in excess of the action levels

nominated in the latest version of DNRM – QASSIT: ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) will trigger the requirement for preparation of an Acid Sulfate Soil Management Plan in accordance with the most recent requirements of the DNRM: ‘Queensland Acid Sulfate Soil Technical Manual’ (2002) including Soil Management Guidelines (updated Feb. 2003) which must be prepared to the satisfaction of the Chief Executive Officer.

28. The lake excavation proposed may result in disturbance of potential acid

sulfate soils (PASS). Where it is found that PASS exist, treatment of soil must be undertaken on-site to neutralise acid, prior to disposal as fill, in accordance with the approved Acid Sulfate Soil Management Plan and DNRM ‘Queensland Acid Sulfate Soil Technical Manual’.

The applicant/owner shall comply with the proposed works and

methods of operation in the Acid Sulfate Soils Management Plan prepared by the Applicant/Owner, and as varied and approved by Council from time to time.

29. Should de-watering be conducted during lake excavation, or Acid

Sulfate soils be encountered, the Applicant/Owner must treat and monitor all surface water run-off prior to it leaving the site in accordance with the DNRM ‘Queensland Acid Sulfate Soil Technical Manual’ and ‘Australian and New Zealand Guidelines for Fresh and Marine Water Quality’ (ANZECC and ARMCANZ 2000a) and with reference to the ‘Australian Guidelines for Water Quality Monitoring and Reporting’ (ANZECC and ARMCANZ 2000b) for a minimum period of 12 months from the commencement of construction.

Earthworks

30. All earthworks and testing must be carried out in accordance with Australian Standard AS3798.

Erosion and Sediment Control

31. During the construction phase of this development the applicant/owner

shall be responsible for the installation and maintenance of erosion and sediment management facilities until the development has been accepted as completed by Council.

The applicant/owner shall submit details of erosion and sediment

management procedures for approval by Council at the same time as engineering drawings for each stage of the development. The silt management plans shall include a schedule detailing the stages at which various management techniques would be in place.

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Recommended erosion control techniques include:-

a. soil disturbance should be restricted to a minimum; b. runoff should be diverted away from disturbed areas; c. disturbed areas should be stabilised using mulches (straw, forest

mulch, etc.) or other techniques. These mulches must be free of exotic, weed and declared pest plant seeks and other material capable of propagation; and reference made to the Part 2 Engineering, Section 2.9 of Council’s Development Manual

Sediment control shall include but not be limited to the provision of gross pollutant traps, cut off drains, silt fences, hay bales and turfing.

The applicant/owner shall be responsible for the restoration of the site

and any adjoining affected lands where sediment deposition has occurred as a consequence of the development. Such restoration shall be completed in a reasonable time determined by the Chief Executive Officer.

Noise

32. Noise must not emanate from the subject land to a degree that would,

in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance). This approval does not encompass an amplified music and/or public address system.

Water Saving 33. All toilets in the Outdoor Entertainment facility 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 34. An area of suitable size is to be provided at ground level on Lot 5 on

SP105735 to store the number of refuse and recyclable waste containers required to serve the Outdoor Entertainment facility. 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.

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Miscellaneous 35. No ‘Aquaculture’ will be permitted in the proposed lake. 36. The operation of the facility must not have a negative impact on the

amenity of the adjoining or surrounding area and must comply with all relevant provisions of the Environmental Protection Act and its Policies.

37. Unless otherwise approved in writing by Council, construction hours

are to be confined to:-

Monday to Friday 7.00am to 6.00pm Saturday 7.00 am to 1.00pm No work on Sundays or Public Holidays This will apply to any work creating noise or other inconvenience.

38. Prior to commencement of construction the applicant/owner shall

submit a program of works for the control of dust on the development site and on roads for the approval of the Chief Executive Officer.

39. All construction traffic shall enter and exit the site via the proposed

connection road across Lot 1 (Skyrail) only. 40. All vehicle parking shall be accommodated on site in accordance with

the provisions of the Planning Scheme.

Hours of Operation

41. The Cable Water Ski facility must not operate beyond 6.00pm until the following reports are prepared:

a. An Acoustic Report prepared by a suitably qualified person to

determine that there will be no negative impacts on the amenity of the adjoining properties and surrounding area in relation to night-time operations.

b. A report from a suitably qualified person in relation to the

proposed night lighting of the facility to determine there will be no negative impacts on the amenity of the adjoining properties and surrounding area as a result of night lighting. The report will also need to address any concerns Tjapukai, Skyrail and the Civil Aviation Authority may have in relation to the impact of night lighting on the respective businesses and the airport.

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Any extension of the hours of operation must be approved by Council upon the submission of the abovementioned professionally prepared reports.

Modification of Court Consent Order

42. The applicant must ensure any necessary amendments to the Consent Order issue on 9 April 2001 are undertaken where required prior to the commencement of the use to the satisfaction of the Chief Executive Officer.

Bird Strike 43. No activities must be undertaken that encourage birds to congregate on

the lake and no stocking of the lake will be permitted. All activities undertaken on the premises must be to the satisfaction of the Cairns Port Authority in relation to potential bird strike hazards.

Height Limitations 44. The applicant/owner must obtain the written approval of the Cairns Port

Authority for all structures over 11.5 metres in height prior to the issue of a Development Permit for Building Work.

CONCURRENCE AGENCY CONDITIONS DEPARTMENT OF MAIN ROADS 1. Road Access Requirements

a. Permitted Road Access Locations

No direct access is permitted between the subject land and the Captain Cook Highway. All access between the subject land and the Kennedy Highway shall be via an access located opposite Cumberland Avenue. The width of the access shall not exceed 40 metres. No access shall be permitted between the subject land and the Brinsmead-Kamerunga Road, unless the applicant can secure public access across Lot 1 on RP 894173, in which case all access between the subject land and the Brinsmead-Kamerunga Road shall be via the existing access into the Skyrail development.

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b. Access Works and Link Road Works

The intersection of the development’s access road on to the Kennedy Highway shall be designed and constructed in accordance with the requirements specified in Planning & Environment Court Consent Order No. 15/2000 dated 9 April 2001. A link road shall be provided between the permitted access on to the Kennedy Highway, and the northern boundary of Lot 1 on RP 894173. If the applicant can secure public access across Lot 1 on RP 894173 to the existing Skyrail access on to the Brinsmead-Kamerunga Road, the road link shall be extended to the Skyrail access. The road shall be located, designed and constructed to the City Planner’s requirements and the following conditions: • The centreline of the road link where is crosses the northern

boundary of Lot 1 on RP 894173 shall be at least 25 metres from the subject land’s Captain Cook Highway frontage boundary.

• Within Lot 1 on RP 894173, the link road shall be located west of the area required for future State-controlled road purposes as shown on Queensland Transport Drawings Nos. Res 2 (a) and Res 2 (b), specified in condition 6 of the Skyrail subdivision approval, City of Cairns letter dated 1 September 1995 and referenced 5-05-507445.

c. Staging of Access Works and Link Road Works

If a legally binding agreement between the applicant and the owner of Lot 1 on RP 894173, for public access and provision of the link road works across Lot 1 on RP 894173, is secured by the applicant/landowner, a copy of the agreement must be sent to Council and the Cairns office of the Department of Main Roads prior to commencement of the use. A road reserve for the link road must be dedicated prior to commencement of the use. Provision of the access and link road works must be completed between the subject development and the approved access point on to the Kennedy Highway, or the approved access point on to the Brinsmead-Kamerunga Road, prior to commencement of the use. Also, should only one of the above means of access be provided prior to the commencement of the use, provision of the access and link road works for the other means of access shall be completed prior to allowing access via that means of access.

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2. Visual Amenity Works

The applicant/ landowner shall establish a landscape planting strip, at least 10 metres wide, within the subject land along its Captain Cook Highway frontage from Lot 4 on RP 748657 (to the north) to existing landscaping associated with the Skyrail carparking and vehicular access on Lot 1 on RP 894173 (to the south). The landscaping shall be designed, installed and maintained such that existing State-controlled road infrastructure, any noise ameliorative works, and on-site buildings and facilities, are screened as much as practicable from each other. The species of plants used in the landscaping works shall be in accordance with Council’s standards. If Council doesn’t have standards, then the only requirement is that they are native, low maintenance species which are effective at providing the necessary screening specified above and do not create a safety risk (i.e. no thorns or poisonous fruits or berries). All landscaping shall be completed prior to commencement of the use.

3. Advertising

No advertising device for the proposed development is permitted within State-controlled road reserves.

4. Parking

When calculating carparking requirements associated with the proposed development, no allowance shall be made for parking within State-controlled road reserves.

ADVICE Currency Period 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 Priority Infrastructure Plan (PIP) are adopted.

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

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

4. Note that this approval relies on information provided by the

applicant/owner, which is accepted to be accurate and current at the time of assessment.

The approval demonstrates compliance with audited aspects of the

proposal but does not warrant that an approved design complies with applicable policies, regulations and other provisions in every respect. Council reserves the right to order the rectification of non-complying or unsafe works at the cost of the Applicant/Owner, despite its prior approval.

Other Legislation

6. The proposed development must comply with and obtain all necessary approvals required under any other relevant legislation.

Electronic Information 5. For information relating to the Integrated Planning Act 1997 log on to

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

6. Council will not permit the discharge of stormwater, from any future

lots to the proposed lake. B. The following notation will be placed on Council's future rates record in

respect of the new lots. ‘There is a development permit on this property which includes conditions from the Council and the Department of Main Roads. These conditions must be adhered to, if the development permit is activated. For further information contact Council's City Assessment Branch’.

EXECUTIVE SUMMARY: The applicant proposes to utilise the lake, which has already been constructed on the property, for a Cable Water Ski Park. A substantial information request requiring a series of professional studies and reports to be undertaken was issued by Council in relation to the development proposal which was also the subject of considerable community debate.

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Prior to the applicant formally responding to the information request Council was requested to give ‘Consideration in Principle’ to the development proposal and at its meeting held on 27 March 2003 Council resolved to advise the applicant that it would be willing to favourably consider the development application subject to a number of matters being adequately addressed and resolved. A response to the information request was subsequently provided, the application slightly amended, and the application re-advertised. The application and all of the supporting information has been assessed and it is recommended that the application be approved subject to reasonable and relevant conditions. TOWN PLANNING CONSIDERATIONS: Background The Planning and Environment Court issued a Consent Order on 9 April 2001 for a Preliminary Approval for a Material Change of Use of the subject land for the purposes of a residential estate development (comprising of both residential and commercial components as shown on Plan of Development 5010-47). The proposed development included a ‘recreational lake’ for the purpose of a stormwater detention basin in conjunction with the proposed residential subdivision. The applicant subsequently obtained and utilised a Local Law 11 earthworks approval from Council to construct the lake/detention basin. No residential subdivision is planned at this time. In November 2002, the applicant made application to Council for a Material Change of Use to use the newly constructed lake for Outdoor Entertainment - Cable Water Ski Park & Associated Water and Outdoor Sporting Activities. Minimal documentation was provided with the application and as such a substantial Information Request was made by Council Officers particularly in relation to requirements under the Court Order pertaining to the design and construction of the lake. The main items on the information request were as follows: a) Traffic report b) Acoustic report c) Conceptual plan for anticipated additional outdoor sporting and water activities d) Required amendments to the Court Order e) Detailed landscaping plan f) Information required by the Court Order • CPA approval re bird strike potential • Engineering report for diversion of Avondale Creek • Detail design plan of the lake accompanied by a report confirming the lake’s

final design will achieve the design and environmental standards - Inflow/outflow characteristics of the lake - Flood retention characteristics - Water quality characteristics

- Design of the lake shell - Type of lake ‘window’ or ‘perched’

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A full copy of the Information Request is attached as Appendix 2. Public notification of the application commenced without further details addressing the information request. The applicant has since acknowledged the need to undertake all of the studies and reports and provide all of the information required in the Information Request to enable a full a proper assessment of the development proposal. Accordingly the applicant stopped the public notification period after approximately 10 business days. Council Officers raised concern in relation to the scale and potential impacts of some of the ancillary activities proposed in conjunction with the cable water ski park. At Council Officer’s request the applicant offered the following clarification: use of the facility will be restricted to electrically powered cable ski operations only; the applicant has agreed to abandon all other uses referenced in the application as originally submitted such as kart tracks etc. However, in light of the public and political conjecture in relation to the development application the applicant sought Council’s ‘Consideration in Principle’ of the development application prior to undertaking the studies required to provide a response to Council’s information request. At its meeting held on 27 March 2003 Council resolved to advise the applicant that it is willing to favourably consider the development application subject to them adequately addresses a number of matters. These will be discussed in more detail later in the report. The applicant has subsequently provided a response to Council’s ‘Consideration in Principle’ and Information Request and has re-advertised the slightly amended development application. The Proposal The applicant proposes to utilise the lake, which has been purposely designed, for a Cable Water Ski Park. The cable water ski operation involves a cable which is supported above the lake by a number of towers. Participants enter the lake at the start station and proceed to circumnavigate the lake while being towed by the cable operated by a 65 HP electric motor. Access to the property is via an access easement over the adjoining Skyrail property; a temporary arrangement for 2 years. Car parking will be fully constructed for 30 cars and 2 coaches. The applicant has advised that the variety of additional future uses originally included in the original application i.e. ‘associated outdoor and water sporting activities’ have been abandoned and they are only seeking approval for the Cable Water Ski Park. The applicant also advises that it is intended that the lake remain in private tenure, to address concerns raised previously by Council regarding long-term maintenance.

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Consideration in Principle Council’s ‘Consideration in Principle’ required the applicant to address a number of matters, the applicant has provided the following responses: • The application being re-advertised in its amended form (Cable Water Ski

Park only and approved ancillary activities). The application was re-advertised for a period of fifteen (15) business days as required by the provision of IPA. • The applicant giving an undertaking to secure the necessary amendments to

the Court Order to facilitate the development proposal. The applicant provided the following summary of conclusions:

It is acknowledged that there appears to be a need to amend the consent order dated 9 April 2001, which covers the balance of the site. The exact timing of this potential amendment is not known at this time as the new owners are presently reviewing the approved concept layout etc. The introduction of the CairnsPlan scheduled to commence late 2003 or early 2004 would seem to contradict the current approvals for the site and thus avoid the need to seek a formal amendment to the Consent Order. We understand that the yet to be Planning Scheme will ‘void’ all Special Facilities zonings and that the subject land will be included within the Residential 2 Planning Area. Development of the site following the commencement of the new scheme will therefore be required to comply with all performance criteria and codes as set out in the CairnsPlan as per development in the Residential 2 Planning Area. Given the current circumstances there appears to be little benefit in initiating actions to amend the conditions of the Consent Order, if CairnsPlan were to come into force prior to the landowner initiating moves to develop the balance of the land. Therefore it is suggested that Council can be provided with sufficient security to deal with this issue through the imposition of a condition requiring either: - the Consent Order to be amended to accurately portray the change in

approvals should development proceed prior to the introduction of CairnsPlan; or

- a condition attached to the Development Permit requiring future development of the site to be undertaken in accordance with the relevant provisions and codes of CairnsPlan.

Either way it is our submission that while this issue remains relevant to the future intended use of the land, the circumstances surrounding the proposed development of part of Lot 5 do not require amendments to be made to the consent order prior to the assessment and subsequent decision of the current proposal.

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The applicant’s interpretation of the new CairnsPlan is not entirely correct. The new Planning Scheme has in fact sought to preserve certain Special Facilities zonings. The use rights applicable to the Special Facilities zone for the subject site, Lot 5 on SP105735, have been preserved under CairnsPlan. The applicant will be able to proceed with development of the subject site in accordance with the approved plan of development (PoD) as a self-assessable use. Any modifications to the PoD will required code assessment. Alternatively, the applicant/owner will also have use rights in accordance with the applicable Planning Area(s) under CairnsPlan. A condition of approval will be included to ensure that the Consent Order is appropriately modified where required prior to the commencement of the use. • The applicant satisfying all of Council’s concerns and all items in the

Information Request dated 13 January 2003. The applicant submitted a report dated 12 June 2003 providing responses to Council’s Information Request. The details of the response will be discussed in more detail later in this report. • Satisfactory findings of all of the required reports and studies as outlined in

the Information Request dated 13 January 2003. The applicant made the following comment:

The submitted report dated 12 June 2003 reviews all of the relevant matters raised in the Information Request and details our concerns that in some cases no need can be established for these studies to be undertaken at this time. Reference is made to the revised proposal which involves only a request to establish the Cable Ski use and highlights that the proposed ancillary activities provided for in the original proposal made on 27 November are no longer incorporated into the final development outcome. Substantial works have been undertaken however, to address these issues where considered relevant and we provide as an annexure to the report an assessment of the likely noise impacts associated with the potential development of a Cable Ski Park over the site.

The sufficiency of the response to the Information Request will be discussed later in this report. • The applicant adequately addressing all relevant grounds of submission

upon the application being re-advertised. The applicant provided a response to the grounds of submission by letter dated 7 August 2003. This information will be provided later in this report.

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Strategic Plan/DCP The part of Lot 5 subject to this development application is generally included in the Rural preferred dominant land use. Whilst the proposal is not consistent with the intent of the Rural zone it is potentially compatible with the more detailed planning intent for the area identified in the Smithfield DCP. The subject site is included in Precinct 4 of the Smithfield DCP. The intent of the precinct encourages tourist/recreation based uses. The appearance of this precinct from the highway is an important element in Council’s consideration of any applications. Specifically under the criteria of ‘Form and Character’ the precinct states:

Tourist and recreation uses which complement or include residential components and which meet transport and access objectives may be considered favourably. Such uses may include golf courses, resort facilities, indoor and outdoor entertainment which is complementary to residential use, and low-impact theme park.

The proposed Outdoor Entertainment (Cable Water Ski Park) is potentially compatible with the Strategic Plan and the Smithfield DCP. In further support of the proposed development it should be noted that the Tjapukai and Skyrail operations have been established in the Rural designation of the Strategic Plan without the benefit of the Smithfield DCP provisions. Land Zoning The part of Lot 5 subject to this development application is included in the Special Facilities (generally in accordance with Plan of Development No.5010-47 in Schedule A and Table of Development No. 5010-47 in Schedule B of Development Approval 8/8/25) zone. As explained previously the Special Facilities zone reflects the approval issued via a Court Order for the purposes of a residential estate development, comprising of both residential and commercial components. The location of the lake provides a certain amount of distance separation from the future proposed residential subdivision. The two uses, residential and outdoor entertainment, can potentially coexist in the locality dependant upon any potential sources of nuisance to the residential amenity from the outdoor entertainment being adequately addressed, i.e. noise, lighting, and traffic. Similarly the proposed outdoor entertainment would consolidate the emerging tourist/recreational precinct established by Tjapukai and Skyrail to the south of the subject site.

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Public Notification/Submissions Public notification of the development application was undertaken between 21/6/2003 and 15/7/2003. Three (3) submissions were received in relation to the development application: two (2) were in support of the application; and one (1) was an objection from the owners of Tjapukai. The grounds of submission in support are summarised below: There are currently no facilities for water skiers in the Cairns City area. I have been very limited to where I can use my board due to the lack of facilities in the area. Some skiers use the Cairns inlet and there are no amenities: no pontoon, no jump, and no slalom course. Many people do not have their own boats and are therefore not able to enjoy this sport at the present time, and any activity that provides young people with an energetic and healthy sport can only be good for the community in the long run. The Cable Water Ski Park in Western Australia was very busy and attracted so many people to the area, and Cairns being a very warm climate all year round, it would make the park usable all the time. The Park will be great for tourism which is critical for Cairns survival. The location at Smithfield is in an established tourist precinct, with good access to parking and public transport and adjacent to a major shopping centre. The Park won’t impact on any natural bushland. Cable Skiing is quiet operation, there being no boats involved, the only noise being that of people having fun in a healthy outdoor activity which can be enjoyed by many age groups. The grounds of submission from the operators of Tjapukai objecting to the proposed development are summarised below and followed by comments from the applicant and then relevant Council Officers. It is our understanding that the applicant intends to operate at night as well as during the day and that this will necessitate the use of floodlights. There is also the issue of noise. Tjapukai has built a substantial portion of its business on its ability to deliver night time corporate functions. Tjapukai By Night takes place outdoors by the side of the lake, using magic effects of fire and water. This event is dependent on our being able to provide a quiet and dark environment to call forth the feeling of a sacred Aboriginal ceremony. If this were disturbed it would have profound negative effect on the continued viability of the Cultural Park and on tourism in Cairns in general. It is not difficult to imagine what effect the spill of large scale flood lighting of the area would have upon a ceremony lit by moonlight and fire. It would be impossible to integrate screaming cable skiers or loud amplified music into the Tjapukai evening.

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We request that should Council choose to approve this significant change of use and approve the request for an outdoor entertainment cable ski operation the hours of operation should be limited to daylight hours so as not to impact on Tjapukai’s already operating night time functions. Applicant’s Comment Our client is not at this stage committed to night operations, but seeks the flexibility to operate at night without the need for a fresh approval should they at some time in future identify a need for such operations. Any concerns that Council (and now Tjapukai) may have regarding the impact of night operations, in terms of noise and light, can be adequately addressed via a Condition(s) of approval. We suggest that Tjapukai’s concerns should be addressed via a condition which dictated that, prior to any operations beyond 6.00pm at night, the applicant was to prepare and submit to Council for approval a report which: i) Assessed the likely level of impact of such operations upon adjoining/neighbouring

properties; ii) Determined the degree of compliance (or otherwise) that such operations would

have in respect to the appropriate Environmental Protection Policies; and iii) Indicated what works or measures would need to be implemented to ensure

compliant operations with appropriate standards. We confirm that our client would accept a prohibition upon night operations until such time as such report had been approved by Council and any recommended works completed. We also confirm our client’s acceptance that an inability to demonstrate compliance with appropriate standards would effectively prevent night operations. Whilst recognising the significant investment and value to the community of the Tjapukai operations, it is not appropriate to restrict the use or enjoyment of adjoining lands, if conducted in accordance with appropriate standards, simply because of potential adverse impact upon sensitive land uses conducted upon the Tjapukai land. In other words, if Tjapukai require an environment with noise levels lower than what is accepted under appropriate standards for the locality, they should be responsible for achieving those levels, rather than unfairly restrict the use of adjoining land. Officer’s Comment It will be a condition of approval that the Cable Water Ski facility must not operate beyond 6.00pm until the following reports are prepared: • An Acoustic Report prepared by a suitably qualified person to determine that there

will be no negative impacts on the amenity of the adjoining properties and surrounding area.

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• A report from a suitably qualified person in relation to the proposed night lighting of

the facility to determine there will be no negative impacts on the amenity of the adjoining properties and surrounding area as a result of lighting. The report will also need to address any concerns Tjapukai, Skyrail and the Civil Aviation Authority may have in relation to the impact of night lighting on the respective businesses and the airport.

Department of Main Roads (Concurrence Agency) The Department of Main Roads are a Concurrence Agency to the development application and have provided a number of conditions to be placed on the development approval, they have been included in the recommendation. Impact of Proposal From a land use perspective, the proposed development will consolidate the tourist/recreational precinct established by Tjapukai and Skyrail and is potentially compatible with these adjoining land uses and the future surrounding residential subdivision. It is possible to condition any approval to manage the impacts of the development on the adjoining tourist facilities, through the limiting of hours of operation, lighting etc. The main issues for the application relate to the engineering and environmental issues. The lake was originally approved as a detention basin. The applicant has advised that the lake will no longer serve as a detention basin. Access The proposed development relies upon access via the existing Skyrail access from Brinsmead Kamerunga Road. The applicant advises that these access arrangements are initially proposed as a temporary arrangement for a period of 18 months to 2 years. It is however the applicant’s intent to allow future access to the site from the proposed residential subdivision to the north (the remainder of Lot 5). It will be a condition of approval that access remain through the Skyrail access unless a separate access point to the Captain Cook Highway can be negotiated with the Department of Main Roads; or Council can be satisfied that the road layout and hierarchy for the adjoining residential subdivision is sufficient to accommodate the traffic associated with the Outdoor Entertainment facility without having a negative impact on the residential amenity of the area. Traffic Report and Car Parking Facilities A traffic report was requested as part of Council’s Information Request. The applicant has since revised the development application to include only the Cable Water Ski operations and no ancillary activities and submits that the potential for traffic related problems within the proposed development have been substantially minimised and that a traffic report should not be required.

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There are no specific car parking requirements identified for Outdoor Entertainment uses in the Planning Scheme for the Balance of the City of Cairns. The applicant intends to provide 30 on-site car parking spaces and two bus parking bays. This is considered sufficient for the proposed development. It is noted that there is sufficient area available within the site to accommodate a significant increase in on-site car parking if required. It shall therefore be a condition of approval that the applicant monitor car parking utilisation of a 12 month period (via a method previously agreed to by Council) and should a need be identified during that period, provide additional car parking to accommodate any identified shortfall. Moreover should the applicant wish to expand the operation in the future or make application to Council for any additional/ancillary activities on the site additional car parking and/or a professionally prepared traffic report may be required at that time. Acoustic Report An acoustic report was requested as part of Council’s Information Request. The applicant has since revised the development application to include only the Cable Water Ski operations and no ancillary activities and therefore the applicant argues that the potential for any negative impacts on amenity as a result of noise are diminished. It is agreed that an acoustic report will not be required unless the applicant wishes to operate the facility after 6pm, as discussed previously in this report. It shall however be a condition of approval however that the operation of the facility not have a negative impact on the amenity of the adjoining or surrounding area and that it complies with all relevant provisions of the Environmental Protection Act and its Policies. Lighting It will be a condition of approval that the facility will not be permitted to operate beyond 6pm without a report being prepared by a suitably qualified person in relation to the proposed night lighting of the facility to determine there will be no negative impacts on the amenity of the adjoining properties and surrounding area as a result of lighting. The report will also need to address any concerns the Civil Aviation Authority may have in relation to the impact of night lighting on the airport. Cairns Port Authority The Cairns Port Authority has reviewed the development proposal and offers the following comments/advice:

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The location of the proposed park is 5.4km from the 15 runway end and 3.7km west of the extended centreline. State Planning Policy 1/02, Development in the Vicinity of Certain Airports and Aviation Facilities provides advice on control of certain Land Us4es with the potential to attract wildlife within radii of 3, 8, and 13 km of an airport. The Land Uses identified in the SPP do not specifically cover the proposed activities associated with Cable Ski Park. Therefore provided birds are not encouraged to congregate on the lake, and stocking of the lake is not undertaken for an aquaculture purposes, then the location relative to the airport and land use are compatible with the SPP. CPA advises that it is not the approving agency for lighting in the vicinity of Cairns airport. The Civil Aviation Safety Authority is the regulating body administering the relevant legislation, Regulation 94 of the Civil Aviation Regulations 1988 (CAR 1988).

It will be a condition of approval that no activities be undertaken that encourage birds to congregate on the lake and no stocking of the lake will be permitted. An advice statement will also be included in relation to the lighting. Diversion of Avondale Creek The information request required the submission of an engineering report on the proposed diversion of Avondale Creek. The applicant submits that the subject proposal does not involve any diversion of Avondale Creek and that the confusion would appear to have arisen as a result of the retention of the Avondale Creek reserve in its original location which no longer covers the actual flow path of Avondale Creek, as a result of farm improvement works undertaken by a previous land owner. Any concerns in relation to this are a matter for the Department of Natural Resources and Mines. Flood Modelling Council has requested Flood Modelling information for Lot 5 confirming the final lake design; in particular inflow and outflow, and flood retention characteristics. The applicant submits that there will be no inflow of overland stormwater flows into the lake, other than from the immediately adjoining areas. The applicant will be advised that any residential subdivision of the remaining portion of Lot 5 will not be permitted to discharge stormwater into the lake. The applicant further submits that the existing lake is no longer intended to function as a flood detention basin and that any need to provide flood detention in respect to future urban development over the balance site area is a matter most appropriately addressed at the time of consideration of any application for development of that land. The Smithfield Drainage Management Plan (DMP) however nominates the area in the vicinity of the lake for a detention basin. As such the applicant will be required to demonstrate compliance with the DMP at the Operational Works stage of this development proposal.

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Finally the applicant submits that the lake will be designed as a window lake and will not be ‘topped up’, with the result that standing water levels in the lake will fluctuate in response to fluctuations in ground water levels. The applicant anticipates that the use of the lake for cable skiing will crease for periods of time when water levels are below safe operating levels. Conditions have been included to address water quality and groundwater usage in particular the requirement that permits be obtained from the Department of Natural Resources and Mines for bore water extraction. Landscape Plan The applicant proposes to landscape the site to ensure that the development will be well screened from passing traffic on the Captain Cook Highway, and dense landscaping and appropriate separation distances will buffer the facility from any future residential subdivision. It shall be a condition of approval that a full landscape plan be submitted for approval and to the satisfaction of the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. The landscaping plan must adequately buffer the facility from the Captain Cook Highway, future residential subdivision, and the adjoining Skyrail and Tjapukai operations. The landscaping plan should also provide details including the location and elevation of all weather shelters for patrons of the facility. The shelters must be designed with a tropical character and consistent with the nature and quality of the adjoining commercial development of Skyrail and Tjapukai and must be aesthetically pleasing when viewed from the Skyrail cableway. The design of the structures must be approved by Council prior to the issue of a Development Permit for Building Work. It shall also be a condition that an all weather shelter must be provided at the designated passenger drop off zone, of sufficient size to cater for the arrival and departure of the anticipated visitor numbers, particularly by coach. Maintenance and Environmental Management The applicant submits that maintenance of the proposed lake will be undertaken on an ongoing basis so as to ensure appropriate public health standards and a suitable testing regime will be employed to ensure that the water quality and features of the lake are maintained at a reasonable standard. Conditions relating to water quality have been included in the recommendation. In relation to weed control the applicant submits that it is not dependent upon maintaining lake waters in a weed-free conditions however various controls options are available from selective herbicides through to mechanical harvesting of weeds. Despite this, conditions have been included to ensure adequate vector control measures are put in place by the applicant/owner. The applicant also proposes to implement an erosion monitoring regime to identify sites which may be susceptible to erosion due to cornering and wash from ‘cable ski’. Solutions may include such measures as armouring the lake batters by a process know as ‘riprapping’ with gravel, concrete or other such materials. Conditions have been included referring to the lake design.

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Security The entire site area (part of Lot 5) is to be used for commercial operations of the ‘cable ski’ park and will be secured by appropriate security fencing which will be locked up and opened daily by the site manager. Details of the fencing will be required in conjunction with the condition for a landscape plan. Bond It was suggested to the applicant that a bond be given for the works associated with the lake until such time that the development is proven to be environmentally sustainable. The applicant has advised they are unwilling to bond any works. As the lake is to remain in private ownership and therefore the responsibility of the applicant/owner it is agreed that a bond is unnecessary in this instance. Height The applicant submits that all structures within the proposed development will be below the planning scheme requirement of 11.5metres with the exception of the safety observation tower which is proposed to extend to approximately 30m in height. The height of the tower is required to meet appropriate safety standards. The tower will be of lightweight lattice construction with stay wires at appropriate intervals, and will be treated in a similar manner (in terms of colour) as the Skyrail support towers. It shall be a condition of approval that the approval of the Cairns Port Authority (CPA) must be obtained for all structures over 11.5m prior to the issue of a Development Permit for Building work. HEADWORKS / CONTRIBUTIONS: The following headworks contributions are applicable to the proposed development:

Element Comment Calculation Contribution Water Supply District 7: $2,965.72/EDC

Commercial – land area 8.848Ha - max. 2.0 EDC Net Demand: 2.0 EDC

2.0 EDC x $2,965.72 $5,931.44

Sewerage District 11: $1,919.53/EDC Commercial – land area 8.848Ha - max. 2.0 EDC Net Demand: 2.0 EDC

2.0 EDC x $1,919.53 $3,839.07

Traffic Not a residential development NA Nil Drainage Smithfield DMP (Avondale)

Rate $4,532.64 Area = 8.848Ha

8.848Ha x $4,532.64 $40,104.77

Open Space Not involing subdivision of land. No contributions sought Nil

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Allisen Wright Team Leader Action Officer Nikki Huddy Manager – City Assessment

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APPENDIX 1

Parking

towers

Observation Tower

Recreation Area

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Appendix 2 ENQUIRIES: Ms Allisen Wright PHONE: 4044 3555 Fax 4044 3836 YOUR REF: OUR REF: 8/8/423 (572891)

13 January 2003 C&B Group PO Box 1949 CAIRNS Q 4870 Attn: Owen Dalton Dear Mr Dalton

RE: INFORMATION REQUEST DEVELOPMENT APPLICATION – 8/8/423

- MATERIAL CHANGE OF USE - CAPTAIN COOK HIGHWAY AND KAMERUNGA ROAD, SMITHFIELD

I advise after a preliminary examination of the abovementioned application, the following further information is required to complete a satisfactory assessment of the proposal:- 1. It is noted that the temporary access arrangements through Skyrail (Lot 1 on

RP894173) are only anticipated to remain in place for 18 months to 2 years. Council is unlikely to accept future access to the premises through the surrounding approved residential subdivision as suggested. Please provide details of an alternative permanent access arrangement exclusive of the surrounding residential subdivision. Please note that should the access arrangements be changed in the future from those approved as part of this development application, a fresh Material Change of Use application may be required to alter the access arrangements.

2. In relation to the above, please provide a professionally prepared traffic report for the

proposed development in its ultimate form, that is, taking into account the future expansion of the development beyond the Water Cable Ski park to include additional water and outdoor sporting activities as identified in the development application. Council must agree to the consultant, and the terms of reference, prior to the study being conducted.

3. Please provide a professionally prepared acoustic report for the proposed facility in its

ultimate form, that is, inclusive of any anticipated future additional outdoor sporting and water activities such as a buggy track, wakeboarding or jet skiing. The acoustic report must consider any potential impact on any surrounding existing or future residential development, and adjacent and nearby commercial operations. In addition to the expected horizontal noise impacts, the report should also consider the vertical implications in association with the Skyrail cableway. Council must agree to the consultant, and the terms of reference, prior to the study being conducted.

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4. Please provide a conceptual plan of the future location of anticipated additional

outdoor sporting and water activities. In particular please nominate the location of the proposed buggy track, including details of how the buggies are to be powered. If the buggies are to be fuel driven please provide information as to how the operator intends to overcome any potential noise and odour nuisance from the proposed activity, and contain any potential contaminants.

5. Please acknowledge the need to amend the court order issued by the P&E Court on

9 April 2001 as a result of this development application and advise of the changes/amendments required to the Court Order. Please advise of your timeframes and planning for amending the Court Order. Further, please confirm if this development application is intended to run concurrently with the Court Order, supersede it, or serve as another layer of approval over the Court Order.

6. The following information is required by the Court Order, please provide this

information, and the additional information requested below, to enable the assessment of the proposed development application: a) Provide written confirmation from the Cairns Port Authority (CPA) that the

proposed recreational lake does not represent a hazard to aircraft movement by way of increased potential for bird strike.

In addition, the advice from the CPA should confirm no potential hazard should the commercial operation of the lake as proposed cease.

b) Provide an engineering report on the proposed diversion of Avondale Creek,

outlining the necessary engineering works associated with the diversion and the effect of such works on the proposed development.

In addition, please provide flood modelling information for Lot 5 on SP105735, the adjoining future residential subdivision, and the upstream and downstream catchments in relation to the redirection of Avondale Creek, with particular reference to the possibility of the creek ‘breaking through’ the redirection and following its natural path to the proposed lake, the mitigation proposed and the impacts, consequences and remediation proposal in the event of the creek breaking through. Also provide evidence of the necessary approvals being obtained from the relevant agency(s) to divert the flow of Avondale Creek. c) Provide a detailed design plan of the proposed lake, for Council’s approval.

The detailed plan must be accompanied by a report which confirms that the final lake design will achieve the design and environmental standards set out in the report prepared by Willing and Partners and supplemented by the further information to Council dated 3 December 1999. The report must also include: (i) inflow and outflow characteristics of the lake during a dry, wet and

average year; (ii) flood retention characteristics to confirm that all flows up to Q100 year

storm event for the site during construction and fully developed phases are no more than the pre-construction phase;

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In addition, it would appear the lake has lost all of its retention capabilities as a result of the redesign for commercial development. Please demonstrate that the retention characteristics of the lake will be maintained. (iii) water quality characteristics of the inflow and outflow from the lake during

a dry, wet and average year; (iv) design of the lake shell; In addition, the details must confirm the type of lake (‘window’ or ‘perched’), section drawings, materials and finishes. (v) list of the lake fauna including their purpose; (vi) design of the lake surrounds. In addition, please provide a detailed landscaping plan for the proposed development detailing the proposed landscaping elements and treatments. In particular the plan should provide details of: • Landscape screening for the entire length of the development’s frontage

to the Captain Cook Highway. • Proposed location of pedestrian pathways throughout the grounds of the

facility. • Details of the night lighting proposed in conjunction with the landscaping

(as opposed to the lighting required for the operation of the facility) to meet – CPTED requirements.

• The proposed landscaping buffer to the boundary with Skyrail. • The plan should indicate the utilisation of canopy trees, consistent with

those viewed from the Skyrail cableway, as opposed to ornamental landscaping where appropriate to provide additional informal shade and to soften the appearance of the proposed development.

• Please provide details of the interface between the proposed facility and

the adjacent approved residential subdivision. Please provide details of design and landscaping elements.

• Please advise if there is an intention to provide an interface or integration

between the proposed facility and the adjacent Skyrail and Tjapukai facilities, particularly in relation to design and landscaping.

(vii) provide a report on the methods of maintenance and environmental

management of the proposed lake, including a maintenance schedule for the lake.

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In addition to the abovementioned requirements of the Court Order: (i) Please note that the engineering report prepared by Willing and Partners

envisaged a ‘window’ lake primarily for the purpose of a stormwater detention basin. Please provide details as to whether the proposed lake is it to be a ‘window’ lake or a ‘perched’ lake. The nature of the lake appears to have fundamentally changed as a result of the current development application. As such the report must be reviewed and revised to address the proposal as currently submitted to Council. Please provide Council with an appropriate amended or new report. Furthermore, if a window lake is proposed please provide details of how it is intended that the groundwater be kept free from the infiltration of contaminants via the lake system.

To this end please provide a full environmental report which should address but not be limited to the following: the potential effects of the proposed window lake on the groundwater and overall environment; proposed methods of weed control, vector control including pest fish, and water quality management.

(ii) Further to the above, the Court Order envisaged a lake for essentially the

purpose of a stormwater retention basin, to manage surface water levels within the development area. The lake the subject of this development application will not serve this purpose. Indeed Avondale Creek which originally flowed into the proposed lake, has now been diverted around the lake. The lake appears now to serve a purely commercial function for development as a Water Cable Ski Park. Please provide details of the anticipated impact of this modification on the future flood immunity of the adjoining approved residential subdivision. Also please confirm if it is expected that any adjoining future residential subdivision will drain, or partly drain, into the portion of Lot 5 the subject of this application. If so please confirm how this overland flow will be managed in association with the current development proposal.

ii) Water quality is an important issue that has not been addressed as part of

this development application. There are different standards of water quality for different types of recreational uses for example, canoeing and swimming. Please provide details of proposed water quality and methods of managing and controlling future water quality.

iii) Please provide details of the lake edge and how it will be impacted by

wash. What is the expected level of wash/erosion associated with the activity, and in particular please detail how it will impact on the bed lining, and how it will be addressed/managed.

iv) Please provide details of how the water level of the lake is to be

maintained. Please indicate the proposed levels of the lake. Identify the range of water levels expected as a result of evaporation and loss through the lake bed. If the lake water level is to be kept constant, provide details of the design of the lake to accommodate the range of water levels particularly in relation to safety and vector control.

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v) Please provide details of flood modelling undertaken and the necessary

Drainage Management Plan prepared. The lake was originally intended to be a stormwater detention basin. The commercial use means that it must now be constantly ‘topped up’. Provide evidence that the proposed flood modelling has anticipated the implications of this action in the Stormwater Management Plan, and that the issue of upstream and downstream water quality especially in relation to urban stormwater quality management been addressed.

vi) If a bore is to be used to top up the lake water levels from the groundwater

supply please provide details of any potential impacts this action will that have of adjacent and nearby users of the groundwater supply.

vii) Please provide details of the future use of the lake should the proposed

Water Cable Ski Park become defunct or be abandoned, and provide details of future maintenance contingencies in this instance. If it is proposed to return the lake to its role as a stormwater detention basin please provide details of how this is to be achieved.

7. The Court Order includes the following conditions of approval which will require

amendment should Council resolve to approve the proposed development. Council will be unwilling to accept ownership of, or take on a maintenance or management role of the proposed lake. Please provide details of the proposed alternative maintenance and management program and responsibilities for those listed below:

a) The proposed lake will remain “on maintenance” for a minimum of three (3)

years and will not come “off maintenance” until a minimum of one year after the survey plans for the last stage of the proposed reconfiguration has been registered. Council will not place the lake off maintenance until all works are completed, flora and fauna established and Council is satisfied that the water quality standards are being met.

b) The applicant shall be responsible for the maintenance and management of the

lake until such time as the lake is accepted “off maintenance” by Council. Beyond this time, the applicant shall be responsible for any increased costs of ongoing maintenance of the lake as compared to those ongoing maintenance costs which would be associated with an equivalent area of grassed open space. An assessment of these costs and a method of financial reimbursement to Council for these costs shall be submitted with the application for development permit for the stage of the reconfiguration which includes the lake.

8. From the conditions of the Court Order, the lake and surrounding area formed part of

the overall open space contribution for the subdivision approval. Please advise how the shortfall in open space contribution for the subdivision approval is to be addressed.

9. Security and safety. Please provide details of the proposed method of securing the

premises. Please provide details of any proposed fencing to the lake itself, and/or the portion of the lot the subject of this application.

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10. Concern is raised with the sustainability of the proposed lake and the ability of the

applicant to economically support the ongoing maintenance and water quality reviewing. Please indicate whether the applicant is prepared to bond the works until such time that the development is proven to be environmentally sustainable.

11. Please provide details of any proposed signage in relation to the proposed facility.

12. Please provide details of expected visitor numbers, at initial establishment and at full

development, inclusive of any expected associated outdoor sporting and water activities such as buggy track, wakeboarding and jet skiing. Provide details of the anticipated length of stay of a visitor to the facility.

13. The car parking provided for the facility appears minimal. Provide details of the car

parking provided for similar or comparative developments. Please provide details of the facilities used for the comparison.

14. Council would be interested in understanding the proposed ticketing system for the

facility. Please advise if it is intended that ticketing be integrated with the adjoining Skyrail and Tjapukai facilities.

15. The all-weather shelter for patrons of the facility appears extremely limited. Please

provide details to assure Council that the proposed shelter is sufficient to meet the needs of all patrons.

16. Please provide details of the proposed shelter structures and the administration

building including scaled floor plans and elevations. All structures should be tropical in character and consistent with the nature and quality of the adjoining commercial developments of Skyrail and Tjapukai. The structures/facilities should be aesthetically pleasing when viewed from the Skyrail cableway.

17. An all-weather shelter must be provided at the designated passenger drop off zone,

of sufficient size to cater for the arrival and departure of the anticipated visitor numbers, particularly by coach.

18. Please provide a visual assessment report. The report must assess the potential

visual impact of the proposed development when viewed from the Skyrail Cableway, the Captain Cook Highway and any existing or future residential areas.

19. It is noted that the height of the elevated observation tower is not stated. Please note

that the planning scheme allows a maximum height of 11.5 metres in the Special Facilities zone. Please confirm that the height of all structures on the subject site are less than 11.5 metres, or amend the development application to include a request to relax this provision of the planning scheme. The request should be accompanied by supporting information.

20. Please provide details of the proposed method of lighting the facility if it is intended to

be operated until 11pm. Council will also require the written approval of the CPA for any proposed night lighting.

21. Please provide demonstrate how the development addresses Council’s Policy of

Crime Prevention through Environmental Design as applicable.

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22. Please provide Council with two (2) management plans: one management plan shall

cover the overall outdoor entertainment facility; the other management plan shall be for the lake. The management plans shall be professionally prepared and address but not be limited to all of the abovementioned issues as applicable.

If necessary, Council is willing to convene a meeting to discuss the above information request.

As an applicant, your responsibilities in regard to the information request are outlined in Section 3.3.8 of the Integrated Planning Act 1997, which is attached for your information.

Should you have any queries in relation to this Information Request, please contact Ms Allisen Wright on telephone (07) 4044 3555 of Council’s City Assessment Team. Yours faithfully NIKKI HUDDY Acting Manager, City Assessment Att.

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11 SEPTEMBER 2003

9

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – PET CREMATORIUM – FOSTER ROAD AND HARDY ROAD, MT SHERIDAN Anna Cronin: 8/8/491-01: #666727 PROPOSAL: PET CREMATORIUM APPLICANT: TRW HOLDINGS PTY LTD C/- PLANNING FAR NORTH PTY LTD P O BOX 7801 CAIRNS Q 4870 LOCATION: FOSTER ROAD AND HARDY ROAD, MT

SHERIDAN PROPERTY: LOT 1 ON RP742902 & PART OF LOT 3 ON

SP109477, PARISH OF GRAFTON ZONE: SPECIAL PURPOSE AND RURAL STRATEGIC PLAN: URBAN DCP: HILLSLOPES DCP – CATEGORY A

(UNCONSTRAINED) REFERRAL AGENCIES: ENVIRONMENTAL PROTECTION UNIT

(DEVOLVED TO COUNCIL) NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 24 OCTOBER 2003 DIVISION: 3 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council approve the Material Change of Use (Impact Assessment) application for a Pet Crematorium on land described as Lot 1 on RP742902 and part of Lot 3 on SP109477, Parish of Cairns, located at Foster Road and Hardy Road, Mt Sheridan, 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(s) generally in accordance with:

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

application submitted to Council; and c. To ensure that the development complies in all respects with the



Proposed site for Pet Crematorium

Proposed Access

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

of a Development Permit for Building Work, except where specified otherwise in these conditions of approval.

Parking 3. Three on-site parking spaces, plus a delivery space for the collection van

must be provided for the proposed Pet Crematorium to ensure that adequate on-site parking spaces are provided for the general public, local veterinarians, staff, and the collection van.

Parking Design 4. The parking layout must be designed in accordance with Australian

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

a. Provision must be made for loading/unloading of vehicles; and b. Manoeuvring space must be provided to enable all vehicles to enter and

exit the site in forward gear (including refuse and service/delivery vehicles).

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

Parking Construction

5. 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.

Parking Signage

6. The applicant/owner must provide signage, to the satisfaction of the Chief

Executive Officer, advising of the location of the off-street car parking area and access thereto. Details of the signage must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. The signage must be erected prior to the issue of the Certificate of Classification for Building Work.

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Minimum Fill and Floor Levels

7. All floor levels in all new buildings must be located 150 mm above the Q100 flood immunity level in accordance with Development Manual Guidelines and the requirements of the Planning Scheme for the Balance of the City of Cairns.

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, 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.

Lighting

9. All 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).

Health

10. An area of a suitable size is to be provided at ground level to store the number of refuse bins required to service the site. This area is to comply with the Environment Protection (Interim Waste) Regulation 1996 and Council Policies and is to be designed and constructed to the satisfaction of Cairns Water. Pre-treatment may be required for the sewer connection in accordance with Council’s Trade Waste Policy.

11. Noise from either air conditioning units, 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 Regulation 1998 (Part 2A – Environment Nuisance).

Water Saving 12. Toilet devices in the development must be fitted with dual flush cisterns and

showers and hand basins in the development shall be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

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Construction

13. At all times, the applicant is to ensure dust suppression measures are undertaken for the site to ensure that all materials are appropriately stored and any unsealed areas do not create a dust nuisance to surrounding areas to the satisfaction of the Chief Executive Officer.

14. The applicant shall ensure that on completion of any on-site construction

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

Easement Over Other Property 15. The applicant/owner must, at their own cost, enter into an agreement with

the landowner of Lot 3 for the creation of a reciprocal access easement to allow vehicle access and on-site manoeuvring for both properties, to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of the Council's solicitors at the expense of the owner. The easement documents must be lodged and registered in the Department of Natural Resources and Mines immediately following the before the commencement of the use.

Access Driveway

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

within the access easement required in Condition 15:

a. Provision of an access driveway and construction of a bitumen turnout in front of the proposed access to the parking area;

Three (3) copies of a plan of the works, which is in accordance with Council’s Development Manual, must be submitted to and endorsed by the Chief Executive Officer prior to the commencement of the use. 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.

On-Site Sewerage Disposal 17. The applicant/owner must demonstrate how the development complies

with the DNRM On-site Sewerage Code (July 2002). On-site sewerage disposal ‘envelopes’ must be provided on a plan of the development, showing how the proposed development can physically provide the necessary area(s) and comply with the required setbacks, etc. for on-site disposal of sewerage. On-site sewerage disposal must occur within any proposed building envelopes.

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The plan must be accompanied by a report, inclusive of supporting calculations and site investigations, for the site in a format to the satisfaction of the Chief Executive Officer, specifying those methods of on-site sewerage disposal applicable for the allotment and providing a recommended method and location of facilities. The plan and report must be received and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Landscape Plan 18. The applicant/owner must provide:

a. a six (6) metre wide landscape buffer along the frontage (western boundary) of the Pet Crematorium/on-site parking area, in the event that the adjoining land (Lot 3), which is utilised for access purposes for the proposed facility, becomes road, to provide an effective visual buffer of the Pet Crematorium. Two (2) A1 copies and one (1) A3 copy of the landscape plan must be submitted to and endorsed by the Chief Executive Officer after opening the new road. Areas to be landscaped must be established after the new road is opened and must be maintained at all times, both to the satisfaction of the Chief Executive Officer; or

b. a three (3) metre wide landscape buffer along the frontage (western

boundary) of the Pet Crematorium/on-site parking area, in the event that the area of land utilised for access purposes for the Pet Crematorium is incorporated into the future residential development, subject to agreement to surrender the access, and construct an alternative access on the Foster Road frontage to the Pet Crematorium to the satisfaction of the Chief Executive Officer. Two (2) A1 copies and one (1) A3 copy of the landscape plan and external works must be submitted to and endorsed by the Chief Executive Officer after surrendering the access easement. Areas to be landscaped and external works must be established/constructed immediately after endorsement of the landscape plan and external works and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

CONCURRENCE AGENCY CONDITIONS ENVIRONMENTAL PROTECTION AGENCY 1. The licensee must construct, operate, manage and maintain the licensed

activity generally in accordance with the application. In the event of any inconsistency arising between the application and the licence conditions, the licence conditions will apply.

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2. The licensee must not without the written approval of the Council:

• construct or alter a building or structure at the licensed place; or • install any plant or equipment or change, replace or operate any plant

or equipment installed in the licensed place; or • change the method of treatment or disposal of waste or the amount of

waste permitted to be disposed of under the licence, if such action is likely to increase:

• the risk of environmental nuisance or environmental harm; or • the concentration of any contaminant above the level permitted under

this licence. 3. The licensee must take all reasonable and practicable measures to ensure

that all persons entering the licensed place including the personnel are:

• aware of the licence conditions; and • comply with the licensee’s obligations under the licence conditions.

4. The licensee must ensure that a copy of the licence is kept in a location

readily accessible and visible to all personnel entering the licensed place including the personnel.

5. The licensee must keep a copy of all records in relation to the licensed

activity at the licensed place and ensure that such records are available for examination by an authorised person upon request at any reasonable time.

6. The licensee must store kerosene, lawn mower fuel, solvents and other

volatile substances in sealed containers to prevent discharge of volatile organic compounds to the atmosphere.

7. The licensee must remove handles and other external plastic or metal casket

accessories immediately prior to cremation, where practicable and reasonable, to prevent unnecessary burning of plastics and metal items. Such items must be recycled or disposed of at a sanitary landfill.

8. The licensee must not discharge stormwater to the sewerage system. 9. The licensee must not conduct the licensed activity in a manner which may

cause the contamination of stormwater run off. 10. The licensee must ensure that any spillage of potential contaminants are:

• cleaned up promptly; and • cleaned up using an absorbent material; and • that the used absorbent material is isolated before disposal in a waste

bin.

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11. The licensee must at all times have a supply an absorbent material in an

accessible location in a sufficient quantity to contain all of the largest container of liquid not stored within a bunded area, in the event of a spillage of a potential contaminant at the licensed place.

12. The licensee:

• must not wash the workshop floor by hosing; and • must ensure that cleaning methods used at the licensed place prevent

the release of waste water beyond the confines of the workshop. 13. The licensee must dispose of unclaimed cremated remains and ashes in

such a manner as to ensure that groundwater and stormwater contamination does not occur.

14. The licensee must ensure that cremated remains and ashes buried within

the memorial gardens are buried above the groundwater table. 15. The licensee must ensure that only unclaimed cremated remains and ashes

are disposed of in the pit located within the memorial gardens. 16. The licensee must operate and maintain the cremator in accordance with

‘Minimum Recommended Standards for Three Chamber Commercial and Industrial Incinerators Designed to Burn Less Than 300 Kilograms of Waste Per Hour Appendix A - Recommendations for Design and Operation of Incinerators’, (submitted with the application).

17. The licensee must clean the cremator and flue at least once a week to

remove ash and build up of cremated remains, in accordance with ‘Minimum Recommended Standards for Three Chamber Commercial and Industrial Incinerators Designed to Burn Less Than 300 Kilograms of Waste Per Hour Appendix A - Recommendations for Design and Operation of Incinerators’, (submitted with the application). Cremated remains and ashes from this must be disposed of in accordance with condition E1.

18. Not more than 14 days following the initial notification by the licensee to the

Council under section 320 of the Act, the licensee must provide the Council with the following additional information:

a. actions taken and proposed to be taken by the licensee and/or the

personnel to prevent a recurrence of the event or minimise the consequences of the event; and

b. outcomes of any actions taken by the licensee and/or the personnel; and

c. the results of any environmental monitoring performed since the event. 19. For the purpose of this licence, the following stated documents are

approved documents:

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the application; and • Application for Transfer of Environmental Authority received 17

December 2002; and

20. For the purposes of the licence, any term not otherwise defined in Schedule I of this licence has the meaning conferred to that term in the Act or in the absence of a meaning in the Act, has the meaning conferred to that term in its common use.

21. In the event of any inconsistency arising between the meaning of any term

provided in Schedule I of this licence and the meaning in the Act or any common usage of that term, the meaning conferred in Schedule I will apply.

22. For the purposes of the licence the following definitions apply:

“Act” means the Environmental Protection Act 1994. “application” means the application for a transfer of an environmental authority in relation to the licensed activity receive dated 17 December 2002 (including any amendments to the application initialled by the licensee and Council) and all plans specifications and information submitted with the application or provided to the Council in response to a request from the Council for additional information. “authorised person” means a person appointed under the Act by the Chief Executive Officer of the Council. “Council” means Cairns City Council and its successors. ”licensee” means Cairns Crematorium & Memorial Gardens. “licensed activity” means the environmentally relevant activity to which this licence relates. “licence conditions” means the conditions set out in Schedules A to H of this licence. “licensed place” means the licensed place to which this licence relates. “personnel” means those persons or entities used by the licensee in carrying out the licensed activity, either directly or indirectly and includes without limitation employees, agents, contractors and sub-contractors.

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.

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2. 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.

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

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

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. All signage in respect of the approved development must obtain the necessary approvals pursuant to Local Law 28. Council’s City Development Branch has administrative responsibility for this matter.

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

6. The decision by Council in no way implies that the proposed development

demonstrates compliance with State Planning Policy 1/03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide. Despite this, consideration should be given to the provisions contained in this policy.

EXECUTIVE SUMMARY: Council is in receipt of an application for Material Change of Use (Impact Assessment) for the establishment of a Pet Crematorium at Foster Road, Mt Sheridan. The application was advertised in accordance with the notification requirements of the Integrated Planning Act and no submissions were received. The proposed development meets the performance standards and requirements contained within the Planning Scheme for the Balance of the City of Cairns. Therefore the proposal is recommended for approval subject to reasonable and relevant conditions. The application was forwarded to the Environmental Protection Unit as a Concurrence Agency for the application and their conditions of approval have been included within the recommendation.

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TOWN PLANNING CONSIDERATIONS: Proposal The proposed development will involve the erection of a single storey building to accommodate the pet cremation facility, including cool room, storage, staff facilities, and niche wall to accommodate the pets’ ashes in the southwestern corner of the subject land. The pet crematorium will provide a service to local veterinarians and private individuals wishing to utilise the facility for their pets, and is limited to the cremation of small animals and pets, such as cats and dogs. No large animals such as horses will be cremated at the facility. All animal remains will be collected using a van that will go out on collections approximately once or twice a day. There will be no storage of animal remains on site. Any animal remains, which are collected, will be cremated the same day. A niche wall will be provided for pet remains to be stored and pet memorials to be established. Access to the proposed Pet Crematorium will be via the adjoining land along the western boundary. This portion of land is currently used as an informal access track across neighbouring rural land and to a nearby Council reservoir. The hours of operation will be approximately 9 am to 5 pm. The subject land is currently improved with the existing Human Crematorium, Chapel and Memorial Gardens, which is owned by the applicant. The surrounding land includes the existing Cemetery and residential development to the east of the site, future stages of Forest Gardens Estate to the north, rural zoned land to the west and south, and residential development approximately 200 metres to the south. PLANNING SCHEME PROVISIONS:

Planning Scheme Provisions

Requirements Complies Yes/No

Comments

Intent of Zone

Special Purpose and

Rural

Yes The land included within the Rural zone will only be used for access purposes. A condition will be included to ensure an access easement is created.

Intent of Strategic Plan

Urban Yes

Intent of DCP

Hillslopes DCP – Category A

Yes Unconstrained

On-site parking As determined by Council

N/A Two on-site parking spaces provided. Refer to comment.

Site Coverage 50% Yes Approx. 1% Height 8 metres Yes 3.2 metres Setback from Road Alignment

As determined from Council

N/A Approx. 136 metres.

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On-site Parking The proposed development provides two on-site parking spaces. Although the operator of the Pet Crematorium will also operate the existing Human Crematorium facility on the same site and will undertake the administration of the Pet Crematorium from the existing office, there may be additional staff or a change in operator, which will require on-site parking. In addition, the on-site parking may provide parking for veterinarians, the general public, the collection van, and gardener/maintenance person. The proposed building for the Pet Crematorium has a floor area of approximately 80m2 (70m2 excluding staff/toilet facilities), which would normally require 3 spaces for a commercial premises or 1 space plus a delivery space for an industrial use. Given the likely users of the proposed facility and the fact that there is currently no other facility for burial or cremation of pets and no vehicles are to be parked within the land providing access to the proposed facility, the provision of three on-site parking spaces plus an unloading space with adequate manoeuvring area is considered acceptable. A condition will be included to address this matter. Landscaping There are no specific provisions relating to the provision of landscaping buffers; however the proposed facility is setback approximately 136 metres from Foster Road and is suitably screened. Notwithstanding this, the adjoining land may be approved for residential development in the future and the access may be established as a formal road or incorporated into the residential development. In the event that the adjoining land (Lot 3) utilised for access purposes for the proposed facility becomes road, a 6 metre landscaped buffer is to be provided along the frontage of the building/parking area to provide an effective visual buffer to the Pet Crematorium. However, in the event that this portion of land is incorporated into a future residential development, subject to agreement to surrender the access, then an alternative access is to be provided along Foster Road and a 3 metre landscaped buffer is to be provided along the western boundary to screen the Pet Crematorium. A condition will be included to address this matter. Public Notification Public notification was carried out in accordance with Section 3.4 of the Integrated Planning Act 1997 and no submissions were received. Referral Agency Comment The application was referred to Council’s internal Environmental Protection Unit (Concurrence Agency), as the establishment of a Pet Crematorium required an approval for an Environmentally Relevant Activity. Their conditions have been included in the recommendation.

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HEADWORKS / CONTRIBUTIONS: There are no Developer Contributions applicable to the proposed development as the existing credit exceeds the proposed demand. Anna Cronin Planning Officer Action Officer Nikki Huddy Manager, City Assessment

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APPENDIX 1

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11 SEPTEMBER 2003

10

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – SHOWROOM – 144 ANDERSON STREET, MANUNDA Peter Boyd: 8/8/494 : #672406 PROPOSAL: SHOWROOM APPLICANT: RON BALDWIN 545 MCCORMACK STREET CAIRNS QLD 4870 LOCATION: 144 ANDERSON STREET, MANUNDA PROPERTY: LOT 5 ON RP714526 ZONE: LIGHT INDUSTRY STRATEGIC PLAN: MIXED USE AREA 10 DCP: DCP 2 – PRECINCT 5 REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: ONE STATUTORY ASSESSMENT DEADLINE: 23 SEPTEMBER 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 for the area labelled as ‘Future Extension’ on the approved plan for land situated at 144 Anderson Street, Manunda described as Lot 5 on RP714526, Parish of Cairns subject to the following codes:-

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 Light Industry Zone

Showroom – generally in accordance with the approved plans being Plan No. SK4 Issue A, dated June 2003 received by Council on 23 July 2003 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 Light Industry zone

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2. All structures are to be setback 2.5 metres from the northern boundary if a residential use exists on the adjacent allotment;

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

(Impact Assessment) for the development of a Showroom on land described as Lot 5 on RP714526, Parish of Cairns, situated at 144 Anderson Street, Manunda subject to the following: -

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(s) generally in accordance with:

a. The approved Plan No. SK4 Issue A, dated June 2003 and prepared

by Ron Baldwin, attached in Appendix 1 excluding the area labelled as ‘Future Extension’;

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

the application submitted to Council; and

c. To ensure that the development complies in all respects with the requirements of Council’s Planning Scheme, Development Manual and good engineering practice.


Timing of Effect

2. 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.

CONTRIBUTIONS Water Supply and Sewerage Contributions 3. The applicant/owner must contribute in accordance with Council's



payment. On the present method of calculation, the estimated total headworks contributions are $628.19 (0.18 EDCs) for water and $1,251.33 (0.47 EDCs) for sewerage.

Payment is required prior to the commencement of the use.

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Parking

4. The minumum amount of vehicle parking must be as specified in Council's Planning Scheme which is fifteen (15) spaces. The parking access and egress is only to be from the two locations specified in drawing SK4A.

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

Standard AS2890.1 – 1993 Parking Facilities – off street car parking and the endorsed Plan No. SK4 Issue A, dated June 2003 and prepared by Ron Baldwin; except as varied with the consent of the Chief Executive Officer.

6. The car parking must be constructed in accordance with Council’s

Development Manual specifications prior to the 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.

Physical Means of Speed Control at Driveway Exit

7. The vehicular driveway serving the parking area must include a physical means of speed control at the exit point. Details of the speed control device must be submitted and approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Parking Signage

8. The applicant/owner must erect a sign to the satisfaction of the Chief

Executive Officer, advising of the location of the off-street car parking area and access thereto. Details of the sign must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. The sign must be erected prior to the commencement of use.

Protection of Landscaped Areas From Parking

9. The landscaped areas adjoining the car parking area must be protected

from vehicular encroachment by a 150mm high vertical concrete kerb or similar obstruction and must be submitted and approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

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Building Over/Adjacent Sewer 10. The applicant must either: a. Relocate the existing sewer or site the proposed building such that

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

b. Replace the existing sewer main under or within 1.5 metres of the

building and within the zone of influence of the footings and foundations with PVC 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.

FLOODING AND DRAINAGE Minimum Fill and Floor Levels: CBD and Environs Area 11. All floor levels in all buildings must be located 150mm above the Q100

flood immunity level of 3.3 metres AHD, in accordance with Development Manual and Planning Scheme requirements.

Earthworks filling must not consume more than sixty (60) percent of the

total area of the existing site, in accordance with requirements of Zone 2 as detailed in the CBD and Environs Drainage Management Plan (Phase 2 Report).

Landscaping Plan

12. 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 submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit. In particular, the plan must show:

a. Planting of the footpath with trees, using appropriate species with

regard to any overhead powerline constraints;

b. A landscaped buffer of a minimum 1.5 metres is to be provided along the full length of the northern boundary of the site;

c. The landscaped areas as included on the proposed plan submitted

to Council.

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

Landscaping Establishment

13. 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.

Screen Fence

14. The applicant/owner must construct a screen fence (minimum height of

1.8 metres and maximum gap of 10mm) to the northern and eastern boundaries of the subject land, to the satisfaction of the Chief Executive Officer. The fencing must be consistent in terms of design and materials with other 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 Building Work.


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

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

General External Works

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

works external to the subject land:

a. Construct a 2 metre wide concrete footpath to the Anderson Street and Mayers Street frontages;

b. Construct full width bitumen widening to Anderson Street; c. Provision of concrete crossover(s) and apron(s) at the two

proposed ingress and egress points in accordance with Council Standard Drawing S1015;

d. Make good the kerb(s) at redundant crossover(s); e. Relocate Ergon energy pole at the front of the subject land to

behind the kerb;

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f. Replace damaged sections of existing kerb and channel; g. Linemark parking spaces in front of and adjacent to the subject

land on the Mayers Street frontage

Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer prior to the commencement of the use. 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.

Advertising Signage

17. Detail 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 Building Work. In particular, the development must provide clear and legible signage incorporating the street numbers for the benefit of the motoring public.

Water Saving

18. All new toilets 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.

Construction

19. Dust resulting from construction work is to be suppressed at all times

by the addition of water or other suitable means to prevent a dust nuisance to neighbouring areas.

CONCURRENCE AGENCY CONDITIONS

Department of Main Roads 1. Vehicular access between the State-controlled road (i.e. Anderson

Street) and the subject site shall be vie Mayers Street, to the satisfaction of Cairns City Council.

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

Street) and the subject land located near the eastern side boundary shall be permanendly closed.

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

Street) and the subject land is permitted.

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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.

5. A recent site inspection indicates that the following works are required

with the State-controlled road (i.e. Anderson Street). a. closure of the existing access with the removal of concrete

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

b. Pavement and bitumen seal to be extended from the edge of the

existing pavement to the kerb and channelling. c. Intersection verge island at Mayers Street intersection to protect

the existing power pole and directional sign and channel traffic at the intersection.

d. concrete footpath along the full frontage of the subject land to the

specifications and requirements of Cairns City Council. 6. The landowner/applicant shall obtain the necessary plans, forms and

approvals of the Cairns office of the Department of Main Roads for the works within the State-controlled road reserve (i.e. Anderson Street) prior to commencing works.

7. All required works within the State-controlled road (i.e. Anderson

Street) 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.

8 No advertising device for the proposed development is permitted within

the State-controlled road reserve (i.e. Anderson Street). 9. When calculating carparking requirements associated with the

proposed development, no parking is permitted within the road reserve (i.e. Anderson Street).

ADVICE

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

Act, shall cease and determine four (4) years from the date of issue of the Development Permit unless the use is substantially commenced and all conditions complied with to the satisfaction of the Chief Executive Officer.

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2. 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. All signage in respect of the approved development must obtain the necessary approvals pursuant to Local Law No. 28.



4. 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.

5. 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.

Electronic Information

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.

EXECUTIVE SUMMARY: Council is in receipt of an application for a Material Change of Use – Impact Assessment for the establishment of a Showroom at 144 Anderson Street, Manunda. The proposed Showroom is in accordance with the performance standards and requirements contained within the Planning Scheme. The site is currently improved by a residential dwelling and is surrounded by uses compatable with the proposed development. When considering the character of the development and surrounding area, the proposed development is likely to have minimal impacts on the surrounding area and it is recommended that the application be approved subject to reasonable and relevant conditions.

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TOWN PLANNING CONSIDERATIONS: Proposal The proposed development involves the demolition of an existing residential dwelling and the construction of a Showroom at 144 Anderson Street, Manunda. The proposed development will involve the construction of a Showroom with a Gross Floor Area of approximately 740m² with an extension of approximately 190m² to be constructed at a later date. The site has an area of 1,948m². The surrounding land uses are a mix of commercial, and bulk retail activities, and service and industrial land uses. In particular, land to the east of the site along Anderson Street contains a number of large retail outlets, including Early Settler Furniture Co, Winfields Electrical, Northern Interiors and other wholesale and retail outlets; land to the west contains Commercial, Business and Residential zoned land. Although the site located to the north is zoned Light Industry, a residential use still exists. A site layout plan is located at Appendix 1. Strategic Plan/DCP The subject site is included in the Mixed Use Area 10 designation which identifies land uses such as Commercial Services, Showrooms and Motor Vehicle Sales as preferable for the area. The proposed development is compatible with the intent of the Strategic Plan, as the Mixed Use designation acknowledges that the residential amenity of some areas has deteriorated over time as a result of changes in land use. Land Zoning The subject site is included within the Light Industry zone in the Planning Scheme for Part of the City of Cairns. The intent of the Light Industry zone is to provide for localised, small-scale and non-offensive industrial activities which can be located in proximity to commercial or business uses and which generally do not require large sites. Uses that can provide a buffer to other industrial activity where the scale of industrial activity is of a greater magnitude are preferred. The establishment of a Showroom within the Light Industry zone is considered potentially compatible with the intent of this zone. When considering the surrounding locality is predominately commercial in nature and large showroom developments are already established to the east of the site and commercial development to the west of the site, the location is considered suitable for the proposed development. Public Notification/Submissions Public notification was carried out in accordance with the Integrated Planning Act 1997 from 4 August 2003 until 25 August 2003 and one (1) submission was received. The grounds of the submission and comments are set out below.

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The area indicated as being ‘Future Extension’ will hinder the airflow, reflect heat and restrict the amount of sunlight received. Officer’s Comment The submission raises valid planning concerns. A condition has been included to require a vegetated setback of 1.5 metres along the northern boundary. The proposed plan submitted to Council does not contain any elevations for the area labelled ‘Future Extension’. This area does not form part of the recommendation for a Development Permit and has instead been recommended for Preliminary Approval. Any future development on this portion of the site will be subject to Code assessment and setback conditions are subject to a residential use existing on the allotment located to the north. Impact of Proposal The proposed showroom has been assessed against the relevant performance standards and provisions contained within the Planning Scheme and the results are shown in the table below.

Planning Scheme Requirement Proposed Development Compliance Car parking: Showroom (1 space per 50m² of net lettable area) ~ 15 spaces (proposed net lettable area less area for staff amenities/loading dock)

22 spaces Complies

Minimum 6 metre setback from building or other structure to main street frontage and minimum 3 metre setback from the other street frontage

15 metres – Anderson Street 5.8 metres to Mayers Street

Complies

Maximum site coverage of 60% Approximately 47% Complies Minimum area of 15% of the area of the allotment provided for recreational use and landscaping (292m²)

Approximately 350m² Complies

Minimum landscaped area at least 6 metres in depth shall be provided to the main street frontage of the site

Generally 6 metres Refer to comment below

Maximum plot ratio of 1.5:1 0.47:1 Complies Maximum height of 10 metres 7 metres Complies

Landscaping The landscaping that is proposed for the main street frontage (Anderson Street) is generally in accordance with the Planning Scheme Provisions. The Planning Scheme provisions specify a 6 metre setback to the main street frontage. The proposed plan submitted to Council contains a vegetated setback that varies from 8 metres to 3 metres. This is considered acceptable given the location of the property, the length of the frontage to Anderson Street and the unusual angle of the frontage.

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HEADWORKS / CONTRIBUTIONS:

Element Calculation Comment ContributionWater District 10: $3,489.96/EDC

Proposed Demand Industry/Commercial – 1.48 EDC’s Less Credit for Existing Use 1 Residential lot > 1500m² - 1.3 EDC’s Net Demand – 0.18 EDC’s

0.18 x $3,489.96 $628.19

Sewerage District 27: $2,662.40/EDC Proposed Demand Industry/Commercial – 1.48 EDC’s Less Credit for Existing Use 1 Residential lot > 1500m² - 1 EDC Net Demand – 0.47 EDC’s

0.47 x $2,662.40 $1,251.33

Traffic No contributions applicable Not Applicable Nil Drainage No additional allotments being created. Not Applicable Nil Open Space Not involving subdivision of land. Not Applicable Nil

Peter Boyd Planning Officer Action Officer Nikki Huddy Manager – City Assessment

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APPENDIX 1

Area subject to Preliminary Approval.

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11 SEPTEMBER 2003

11

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – ACCOMMODATION UNITS (MEDIUM DENSITY) - 11 OLIVE STREET, MANOORA Kym Watton: 8/8/485-01 : #672873 PROPOSAL: ACCOMMODATION UNITS (MEDIUM DENSITY) 2 X 3BR UNITS APPLICANT: TONY HALES BUILDING DESIGNER P O BOX 306 BUNGALOW Q 4870 LOCATION: 11 OLIVE ST, MANOORA PROPERTY: LOT 84 ON RP714601, PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: MEDIUM DENSITY DCP: DCP1 - RESIDENTIAL DENSITIES 100 PPH DCP2 - HEIGHT & IMPACT OF BUILDINGS

PRECINCT 6 REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 30 SEPTEMBER 2003 DIVISION: 7 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council approve the development application for a Material Change of Use (Impact Assessment) over land described as Lot 84 on RP714601, Parish of Cairns to facilitate the construction of Accommodation Units (Medium Density) consisting of 2 x 3 bedroom units located at 11 Olive Street, Manoora subject to the following conditions:- Assessment Manager Conditions 1. The applicant/owner must at all times during the development of the subject


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




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issue of a Development Permit for Building Work, except where specified otherwise in these conditions of approval.

Water Supply and Sewerage Contributions 3. 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 $1,395.98 (0.40 EDCs) for water and $1,597.44 (0.60 EDCs) for sewerage.

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

Work. Traffic Management Contributions 4. 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 $2,088.29 (1.0 ERAs). Payment is required prior to the issue of a Development Permit for Building Work.

Car Parking and Access Requirements 5. A minimum of 3 on site car parking spaces must be provided.

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.

5. 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 3 metres.

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General External Works 6. The applicant/owner must at its own cost undertake the following works

external to the subject land: a. Construction of a concrete crossover(s) and apron(s);

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

Screen Fence

7. 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, 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 Building Work.

Landscaping Plan 8. 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 submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit. 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;

b. Planting of the footpath with trees or shrubs, depending on any overhead powerline constraints;

c. The provision of shade trees to shade western walls;

d. Landscaping of required setback areas, being a minimum 6 metre wide

buffer along the Olive Street frontage and a minimum 1.5 metre wide buffer along the southern side boundary. Such buffer shall be planted and maintained with dense planting sufficient to provide a definite and effective visual barrier; and

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.

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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, 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.

Refuse Collection 10. 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.

Water Saving 11. All toilet devices in the development must be fitted with dual flush cisterns

and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

Noise 12. 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).




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.


demonstrates compliance with State Planning Policy 1/03 - Mitigating the Adverse Impacts of Flood, Bushfire and Landslide. Despite this, consideration should be given to the provisions contained in this policy.

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


EXECUTIVE SUMMARY: Council is in receipt of a Material Change of Use – Impact Assessment application to facilitate the construction of 2 x 3 bedroom Accommodation Units (Medium Density), associated car parking and recreational areas located at 11 Olive Street, Manoora. The proposed development is consistent with the intent of the Strategic Plan and specific provision in relation to Accommodation Units and therefore it is recommended that the application be approved subject to reasonable and relevant conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development involves the construction of 2 self-contained Accommodation Units (2 x 3 bedroom units), associated car parking spaces and recreational areas on an 809m2 vacant allotment. The Accommodation Units are positioned on the allotment such that when viewed from the frontage the rear unit is predominantly obscured from the front unit. Each unit is single storey and will contain three (3) bedrooms. Surrounding development is generally single storey detached dwellings with a small number of two storey dwellings. The Accommodation Units will be attached by a double garage, both units will include a single car garage, and two uncovered visitor spaces will be provided on site. Four (4) on site car parking spaces will be provided in total. Access to the Units is proposed via a 4.6 metre wide concrete driveway located near the northern boundary of the site. A 1.5 metre wide drainage easement currently encumbers the subject site. The easement is located along the southern boundary of the subject site, and consequently does not restrict the proposed development of the site. Strategic Plan/DCP The subject site is included in the Medium Density Residential preferred dominant land use designation in the Strategic Plan. The proposed development is consistent with the intent of the Medium Density Residential designation.

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Development Control Plan 1 – Residential Densities The subject land has a site population density designation of 100 persons per hectare under DCP 1 – Residential Densities, which can accommodate a maximum number of 8 persons on site. The proposed development accommodates a maximum number of 6 persons and is in accordance with DCP 1. Land Zoning The subject site is included in the Residential zone. The intent of the zone is to allow for residential development predominantly in the form of single detached dwellings, and in some areas of the zone medium density residential development subject to density controls. The proposed development is consistent with the intent of the Residential zone. Public Notification/Submissions Public notification was conducted in accordance with the provisions of the Integrated Planning Act 1997 from 10 July 2003 to 1 August 2003 and no submissions were received. Impact of Proposal The proposed Accommodation Units (Medium Density) have been assessed against the performance standards and provisions contained with the Planning Scheme and the results are shown below. Criteria Requirement Proposal Comment General Provisions Car Parking 1 ¼ spaces per unit, 3 spaces

required 4 spaces provided Complies

Site Coverage Maximum 40% for one storey building

33% Complies

Maximum Plot Ratio 1.0 : 1 0.33 : 1 Complies Building Height Maximum 10 metres 3 metres Complies

Population Density Maximum 100 pph (8 people of

site) 6 persons Complies

Minimum Size Allotment 800m2 (100 pph max) 809m2 Complies Building Setbacks Main Street Frontage – 6 metres

Side & Rear Boundaries – 1.5 metres

6.6 metres 2 metres

Complies Complies

Communal Landscaped Open Space

2 x 30m2 with 40% in one area: 60m2 total with 24m2 in one area

Total provision of 191m2 with 120m2 in one area

Complies

HEADWORKS / CONTRIBUTIONS: The following Headworks Contributions are applicable for the proposed development.

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Element Calculation Comment Contribution Water Supply District: Inner City #10: $3,489.96/EDC

2 x 3 bdrm units – 1.40 EDC Less credit for existing lot – 1.0 EDC Net Demand : 0.40 EDC

0.40 EDC x $3,498.96

$1,395.98

Sewerage District: Cairns West #27: $2,662.40 2 x 3 bdrm units – 1.60 EDC Less credit for existing lot – 1.0 EDC Net Demand: 0.60 EDC

0.60 EDC x $2,662.40

$1,597.44

Traffic Cairns City Precinct 5: $2,088.29/ERA 2 x 3 bdrm units – 2.0 ERA Less Credit for existing lot – 1.0 ERA Net Demand: 1.0 ERA

1.0 ERA x $2,088.29

$2,088.29

Drainage CBD & Environs Drainage Management Plan

No contributions sought

Nil

Open Space Not involving subdivision of land No contributions sought

Nil

Kym Watton Planning Officer Action Officer Nikki Huddy Manager City Assessment

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APPENDIX 1

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11 SEPTEMBER 2003

12

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – CHILD CARE CENTRE – 61-63 POLLARD ROAD, BABINDA K Watton: 8/8/486-01 : #672889 PROPOSAL: CHILD CARE CENTRE APPLICANT: NQ EARLY LEARNING PTY LTD P O BOX 191 CARDWELL Q 4849 LOCATION: 61-63 POLLARD ROAD, BABINDA PROPERTY: LOTS 14 & 15 ON RP887338, PARISH OF

BELLENDEN KER ZONE: VILLAGE STRATEGIC PLAN: RURAL DCP: HILLSLOPES CATEGORY A REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 1 OCTOBER 2003 DIVISION: 1 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council approve the Material Change of Use (Impact Assessment) application for the establishment of a Child Care Centre over land currently described as Lot 14 and Lot 15 on RP887338, Parish of Bellenden Ker located at 61-63 Pollard Road, Babinda subject to the following conditions:- Assessment Manager Conditions 1. The applicant/owner must at all times during the development of the subject


a. The approved plan, Drawing Number 03031 dated April 2003 and

prepared by Shane Thorogood; b. The plans, specifications, facts and circumstances as set out in the




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issue of a Development Permit for Building Work, except where specified otherwise in these conditions of approval.




payment. On the present method of calculation, the estimated total headworks contributions are $573.69 (0.20 EDCs) for water and $3,040.12 (0.50 EDCs) for sewerage.

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

Work. Water Supply and Sewerage 4. The applicant / owner must carry out water supply and sewerage works 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 and water 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 endorsed

by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

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

requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the approval and dating of the plan of survey.

Car Parking and Access Requirements 5. A minimum of 10 car parking spaces with a minimum of three spaces to be

reserved for setting down and collection of children must be provided.

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6. 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 3 metres.

Parking Layout 7. The 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. In particular:

a. Provision must be made for loading/unloading of vehicles; b. Manoeuvring space must be provided to enable all vehicles to enter and

exit the site in forward gear (including refuse and service/delivery vehicles);

c. Parking spaces adjacent columns and walls must have a minimum

unobstructed clear width of 2.8 metres unless determined otherwise by AS2890.1;

d. Where pedestrian access is located between a parking space and an

obstruction, a minimum clear trafficable width of three (3) metres must be provided;

e. Bollard lighting must be provided at the property boundary to indicate

access to the parking area;

f. The driveways serving the parking area must include a physical means of speed control at the exit point.

g. The exit driveway and associated on-site landscaping must be located to

comply with required car park exit sight distances as per AS2890.1 Parking facilities Part 1: Off Street Car Parking.


external to the subject land: a. Provision of a concrete crossover(s) and apron(s) to driveway access

and egress points in accordance with Council Standard Drawing S1015;

b. Replace damaged sections of existing kerb and channel and pram ramps;

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Three (3) copies of a plan of the works must be submitted and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of use.

Landscaping

9. The site and associated street frontages must be landscaped in accordance with Development Manual, Part 4 – Landscaping. Landscaping must be implemented in accordance with an approved Landscape Plan to the requirements and satisfaction of the Chief Executive Officer. The Landscape Plan must be submitted and endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work. In particular, the plan must indicate:

a. The landscaping of setback areas indicated on the submitted plan; b. The provision of suitable plantings to provide adequate shade and

visual amenity for the children’s playground; c. The provision of shade trees, especially in car park, and to shade

western walls; and d. A landscaped strip between the proposed car parking spaces and side

boundaries.

Landscaping, in accordance with the approved Landscape Plan must be established prior to the commencement of use and must be maintained at all times to the satisfaction of the Chief Executive Officer.

Minimum Fill and Habitable Floor Levels 10. All habitable floor levels in all buildings must be located 150mm above the

Q100 flood immunity level in accordance with Development Manual 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 nominally Pollard Road 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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Screen Fence 12. The applicant/owner must provide a screen fence (minimum height of 2

metres and maximum gap of 10mm) to the side and rear boundaries of the subject land, 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 Building Work.

Refuse Collection 13. 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.

Health 14. Premises proposed for the storage and preparation, handling or service of

food including the preparation of children’s bottles, lunches and snacks must comply with the requirements of the Food Act 1981.

15. Prior to construction of any premises used for storage, preparation,

handling, packing or service of food (including the preparation of children’s bottles, lunches and snacks), three copies of plans drawn to scale not smaller than 1:100 are to be submitted to the Manager Environmental Assessment for approval. Such plans are to include details of ventilation (including mechanical exhaust ventilation systems) finishes to walls, floors, ceilings, and details of the proposed layout and materials to be used in the construction of all equipment, benches, fixtures and fittings. The plan is to include detailed cross sections of all areas to be include in the construction. All such works shall be carried out in accordance with the requirements of the Food Act 1981.

16. Prior to the operation of the premises, the operator must hold a Food

Operators Licence, and the premises must be registered in accordance with the Food Act 1981.

17. The design, fit out and operation of the premises must be in accordance with

the Food Act 1981 at all times. Water Saving 18. All toilet devices in the development must be fitted with dual flush cisterns

and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

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Miscellaneous 19. The applicant/owner is responsible for the reconfiguration (amalgamation) of

Lot 14 & Lot 15 on RP887338, Parish of Cairns into one lot. The Plan of Survey must be registered with the Department of Natural Resources and Mines at the applicant's cost prior to the issue of the Certificate of Classification for Building Work.






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 a Material Change of Use Impact Assessable application to facilitate the establishment of a Child Care Centre on land described as Lot 14 and Lot 15 on RP887338 located at 61-63 Pollard Road, Babinda. The proposed development generally meets the Planning Scheme requirements for the establishment of a Child Care Centre and is considered a suitable site for such a facility. Approval of the application is recommended subject to reasonable and relevant conditions.

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TOWN PLANNING CONSIDERATIONS: Background At the Planning, Development and Community Services Committee Meeting on the 13 March 2003, Council resolved to approve the sale of Lots 14 and 15 on RP887338 located at 61-63 Pollard Road, Babinda subject to a number of conditions. One of the conditions of sale was that the buyer undertake all reasonable steps to obtain approval for a Material Change of Use – Impact Assessment within six months of the date of the contract for the establishment of a Child Care Centre. Consequently, Council is in receipt of this development application. Proposal The applicant seeks to develop Lot 14 and Lot 15 on RP887338, located at 61-63 Pollard Road, Babinda for the purpose of a Child Care Centre. The subject site consists of two adjoining allotments, which are both currently vacant, and contain a combined area of 2,000m2. The applicant seeks approval to establish a Child Care Centre on the site with access to the site being proposed via Pollard Road. Surrounding development includes Babinda Preschool, single detached dwellings and vacant residential allotments. The proposed building is located in the centre of the site leaving the front area for car parking and the rear and side area for open play areas. The Child Care Centre will have a maximum enrolment of 45 children and comprises a total of two (2) rooms designed for child care. One of the rooms will be licenced for twenty-one (21) children aged fifteen months to five years, and the second room will be licenced for twenty-four (24) children aged three to five years, and children in the six to twelve age group in a before and after school, and holiday care capacity. The subject land represents a convenient location for a Child Care Centre as it is in close proximity to the Babinda Preschool, Primary School and High School. The proposed development is considered to be an appropriate use for the subject site. Strategic Plan/DCP Both of the subject allotments are included in the Rural preferred dominant land use designation in the Strategic Plan. The proposed development is in conflict with the intent of the Rural designation. However in this instance the proposed development is considered suitable for the subject site as it is consistent with the intent of the Village zone, there is a demonstrated need for the proposed development, and it is to be established in accordance with the Planning Scheme requirements for a Child Care Centre, in this instance the proposed development is considered suitable on the subject sites.

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Land Zoning Both of the subject allotments are included in the Village zone in the Planning Scheme for the Balance of the City of Cairns. The intent of the Village zone is to allow for flexible development control provisions over areas of urban settlement. The proposed development is consistent with the intent of the Village zone. Need The provisions of the Planning Scheme require that an application for a Child Care Centre be accompanied by a report demonstrating the need for the centre in that particular locality. The applicant has provided details assessing the need for a Child Care Centre in the application. Currently, there are no long day care facilities within Babinda. The closest facility for Babinda residents is located approximately 30kms south in Innisfail, and are currently operating at full capacity. The only day care facilities available in Babinda are family day care which is limited in capacity to four children per carer. The Department of Families and Community Services have identified Babinda as an area in high need of a Child Care facility. The applicant has provided statistics in relation to the number of young Babinda residents and the number of residents within the surrounding rural areas. These figures support the need for a Child Care facility within Babinda. The proposed centre is located in an area, which is easily accessible, in the vicinity of existing preschool, primary, and high school facilities in addition to an established residential area. These site characteristics suggest that the catchment for the centre has the potential to draw a broad area providing further support for the proposed development. Access Access to the site is proposed via a circular driveway with separate ingress and egress locations from Pollard Road. Pollard Road has direct access from Munro Road/Boulders Road providing convenient and safe access to the site. The Planning Scheme states that location of a Child Care Centre is preferred on higher order roads to prevent the intrusion of non-residential traffic in residential areas. Pollard Road is identified as a Collector Road, and Munro/Boulders Road is identified as a Sub-Arterial Road within Council’s local traffic hierarchy. The proposed site is considered suitable for the proposed use. Car parking for the proposed Child Care Centre as determined by the Planning Scheme is tabled below:

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Car Parking Rate Car Parking Spaces

Required Car Parking Spaces

Provided 1 space per full time staff member 1 space per 10 children, minimum of 3 spaces to be reserved for both setting down and collection of children

8-10 staff employed with a maximum of 5 working at the centre at any one time (5 car parking spaces required) 45 children on site (4 car parking spaces required – minimum of three for setting down and collection of children) Therefore, Car Parking spaces required – 10 car parking spaces with a minimum of three spaces to be reserved for setting down and collection of children

Total 6 car parking spaces, and a setting down and collection area for 4 vehicles

The layout of the car parking spaces is considered suitable and the number of car parking spaces is considered sufficient to service the proposed Child Care Centre. Public Notification/Submissions Public notification was conducted in accordance with the provisions of the Integrated Planning Act 1997 from 9 July 2003 to 1 August 2003 and no submissions were received. Impact of Proposal The proposed Child Care Centre has been assessed against the performance standards and provisions contained within the Planning Scheme and the results area shown below.

Criteria Requirement Proposal Comment Minimum Site Area 1,500m2 2,000m2 Complies Minimum Frontage 40 metres 40 metres Complies Minimum setback to street frontage

Minimum 6 metres 6 metres Complies

Side and Rear Boundary Set Back

Minimum 3 metres 3 metres Complies

Screen Fence Screen fence 2 metres high on all side and rear boundaries

No fencing details are included in the design

A condition will be included to ensure compliance

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Car Parking 10 car parking spaces

with a minimum of 3 spaces to be reserved for setting down and collection of children

6 car parking spaces, and a setting down and collection area for 4 vehicles

Complies

It is not anticipated that the proposed development will result in any unacceptable level of traffic or noise that will adversely impact of the amenity of the area or give rise to safety concerns. HEADWORKS / CONTRIBUTIONS: The following headworks contributions are applicable for the proposed development. Element Calculation Comment Contribution Water Supply District: Babinda #23: $2,868.43/EDC

45 children – 1.50 EDC Less credit for residential lot >1,500m2

– 1.30 EDC Net Demand: 0.20 EDC

0.20 EDC x $2,868.43

$573.69

Sewerage District: Babinda #35: $6,080.24/EDC 45 children – 1.50 EDC Less credit for residential lot >1,500m2 – 1.0 EDC Net Demand: 0.50 EDC

0.50 EDC x $6,080.24

$3,040.12

Traffic Not applicable for non residential development

No contribution required

Nil

Drainage Not included in a Drainage Management District

No contribution required

Nil

Open Space Not involving subdivision No contribution required

Nil

Kym Watton Planning Officer Action Officer Nikky Huddy Manager – City Assessment

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APPENDIX 1

138


139


140


PLANNING, DEVELOPMENT AND COMMUNITY SERVICES COMMITTEE

11 SEPTEMBER 2003

13

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – REPAYMENT OF NETWORK INFRASTRUCTURE WORKS – LOT 5 TRITON STREET, PALM COVE Jenny Elphinstone: 8/8/400: #631411 PROPOSAL: REFUND OF NETWORK INFRASTRUCTURE

WORKS, MATERIAL CHANGE OF USE (IMPACT ASSESSMENT), HOLIDAY APARTMENTS (4 STOREYS), MULTIPLE DWELLING UNITS (4 STOREYS) AND ANCILLARY USES (INCLUDING A TEMPORARY SALES OFFICE)

APPLICANT: JUNIPER RESIDENTIAL HOLDINGS PTY LTD PO BOX 6 MOOLOOLABA QLD 4557 LOCATION: LOT 5 TRITON STREET, PALM COVE PROPERTY: LOT 5 ON SP 147763 ZONE: SPECIAL FACILITIES (RESORT HOTEL

COMPRISING ACCOMMODATION UNITS, LICENSED PREMISES, RESTAURANT, INDOOR ENTERTAINMENT, FUNCTION ROOMS & GYMNASIUM, CAR PARKING & ASSOCIATED FACILITIES) ZONE

STRATEGIC PLAN: URBAN DCP: DCP HILLSLOPES- CATEGORY A REFERRAL AGENCIES: NONE NUMBER OF SUBMITTERS: NONE STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE DIVISION: 11 APPENDIX: 1. MAUNSELL ASSESSMENT OF COSTS

AND PLAN OF TRITON STREET WORKS

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LOCALITY PLAN

RECOMMENDATION: 1. That Council acknowledges the construction of the extension of Triton

Street south to the roundabout and inclusive of the roundabout was undertaken by three separate parties (Juniper Residential Group, FTV Pty Ltd and Balatox Pty Ltd) under a tripartite agreement.

2. That Council accepts as fair and reasonable the purported cost of works for

network infrastructure involving the extension of Triton Street south to the roundabout and inclusive of the roundabout, in accordance with the submission by Flanagan Consulting Group and the assessment by Maunsell Pty Ltd of $901,828.00 (June 2001). This equates to a credit for traffic contributions of $300,609.00 (June 2001) per party which in turn equals 143.15 ERA per party.

3. That as the development on Lot 5 Triton Street, Palm Cove, more particularly

described as Lot 5 on SP 147763, by Juniper Residential Holdings Pty Ltd for 84 Multiple Dwellings / Holiday Apartments equates to a demand of 69 ERA, therefore a credit of 74.15 ERA is owed.

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4. That as Council is satisfied with the works completed on the extension of Triton Street and roundabout, Council resolves to forward payment to Juniper Residential Holdings Pty Ltd for the remaining credit of 74.15 ERA at $2,197.67/ERA (September 2003), which equates to $162,957.23 (September 2003) in regards to works constructed on Council’s behalf, subject to the applicant submitting full as constructed details to Council, in accordance with the Council’s standard requirements.

5. That Council advises Juniper Residential Holdings Pty Ltd, the Applicant

that the payment of $162,957.23 (September 2003) together with the credit of 74.15 ERA for Traffic contributions finalises the issue of payment of traffic contributions as required under Condition 13 of Development Approval 8/8/400.

EXECUTIVE SUMMARY: Juniper Residential Holdings Pty Ltd; FTV Pty Ltd; and Balatox Pty Ltd constructed network infrastructure road works in the Palm Cove Precinct. The demand for traffic generated by the Juniper development is less than the cost of the network infrastructure completed and Juniper seeks a refund of the credit. Council’s Traffic Management Plan identifies the works as being a Council responsibility. Council has a statutory obligation to refund the excess credits where sufficient funds are available within the trust account for that Precinct. The cost of the works undertaken has been professionally evaluated and assessed. The cost has been found to be fair and reasonable. The works have been completed to the satisfaction of Council’s Development Engineer. The outstanding credit should now be refunded to the developer.

REQUEST Juniper is currently constructing a Multiple Dwelling / Holiday Apartment development on Lot 5 (the Sea Temple). Juniper Residential Holdings Pty Ltd claim a refund of a traffic contribution credits in regards to the construction of the road infrastructure works less the traffic demand generated by development.

CONSIDERATIONS: Statutory: Condition of the original Special Facilities rezoning approval required the construction of the extension of Triton Street and a connection bridge between the subject land and the previous Triton Street road pavement. Condition 14 of Development Permit 8/8/400 issued to the subject site reiterated this requirement.

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The applicant undertook the road works as part of a tripartite agreement with two other, neighbouring property owners: FTV Pty Ltd, which is developing Lot 4 Triton Street under Development Approval 8/8/360; and Balatox Pty Ltd which is developing the large land parcel to the west between Triton Street and the Captain Cook Highway under Development Approval 8/30/18. The purported total cost of the network infrastructure works, which included an extension of the road pavement to Triton Street, the construction of a bridge over Sweet Creek and the construction of a roundabout, is $901,828.00 (June 2001). Juniper’s share of the cost is one third, that is $300,609.00 (June 2001). The Juniper request was accompanied by documentation by Flanagan Consulting Group substantiating the costs. Maunsell Pty Ltd, who authored Council’s Traffic Management Plan, independently assessed the submitted figures and found the costs to be fair and reasonable. A copy of the Maunsell assessment is attached as Appendix A. The commencing credit of $300,609.00 equates to 143.15 ERA when the rate of $2,100/ERA (the June 2001 traffic contribution rate for the Palm Cove Precinct) is applied. The development of the 84 Multiple Dwellings / Holiday Apartments equates to a demand of 69 ERA. This leaves a balance credit of 74.15 ERA. The current rate of traffic contributions is $2,197.67/ERA. Thus the credit owing to Juniper currently amounts to $162,957.23 (September 2003). Policy: Part of the road works is deemed to be “network” infrastructure by Council’s Traffic Management Plan for the Palm Cove Precinct. The Plan states that the cost of “network” infrastructure is Council’s responsibility. The Plan further states that should a developer construct the required works and the cost of works exceeds the developer contributions owing for the approved development, then Council will refund the difference. The works were constructed pursuant to a Council issued Development Permit for Operational Works. The works have been constructed in accordance with that approval and are complete to the satisfaction of the Development Engineer, however the as constructed drawings have not been submitted to Council. It is a requirement that these drawings are submitted to Council for the infrastructure to be recognised as an asset. Financial: Council has a statutory obligation to refund the excess credits where sufficient funds are available within the trust account for that Precinct. The Trust fund has a current balance of $658,432.00 (as at July 2003). There is a current claim for a refund of traffic credits to FTV Pty Ltd in regards to the development of Lot 4 Triton Street ($114,608.49). There is no other current claim with Council for refund of credits in this Precinct.

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Social: None applicable.

CONSULTATION: None required.

OPTIONS: No options. Jenny Elphinstone Senior Planning Officer Action Officer Nikki Huddy Manager City Assessment

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Appendix A – Assessment of Costs by Maunsell Pty Ltd

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147


148


149


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11 SEPTEMBER 2003

14

MATERIAL CHANGE OF USE – REFUND OF DEVELOPER CONTRIBUTION CREDITS – L4 TRITON STREET, PALM COVE Jenny Elphinstone: 8/8/360 #672290 PROPOSAL: REFUND OF NETWORK INFRASTRUCTURE

WORKS, MATERIAL CHANGE OF USE (IMPACT ASSESSMENT), HOLIDAY APARTMENTS (4 STOREYS).

APPLICANT: FTV PTY LTD PO BOX 333 CLIFTON BEACH Q 4879 LOCATION: LOT 4 TRITON STREET, PALM COVE PROPERTY: LOT 4 ON SP 147763 ZONE: SPECIAL FACILITIES (RESORT HOTEL

COMPRISING ACCOMMODATION UNITS, LICENSED PREMISES, RESTAURANT, INDOOR ENTERTAINMENT, FUNCTION ROOMS & GYMNASIUM, CAR PARKING & ASSOCIATED FACILITIES) ZONE

STRATEGIC PLAN: URBAN DCP: DCP HILLSLOPES – CATEGORY A REFERRAL AGENCIES: NONE NUMBER OF SUBMITTERS: NONE STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE DIVISION: 11

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LOCALITY PLAN

RECOMMENDATION: 1. That Council acknowledges the construction of the extension of Triton

Street south to the roundabout, and inclusive of the roundabout was undertaken by three separate parties (Juniper Residential Group, FTV Pty Ltd and Balatox Pty Ltd) under a tripartite agreement.

2. That Council accepts as fair and reasonable the purported cost of works for

network infrastructure involving the extension of Triton Street south to the roundabout and inclusive of the roundabout, in accordance with the submission by Flanagan Consulting Group and the assessment by Maunsell Pty Ltd of $901,828.00 (June 2001). This equates to a credit for traffic contributions of $300,609.00 (June 2001) per party which in turn equals 143.15 ERA per party.

3. That as the development on Lot 4 Triton Street, Palm Cove, more particularly

described as Lot 4 on SP 147763, by FTV Pty Ltd for 184 Multiple Dwellings / Holiday Apartments equates to a demand of 91 ERA, therefore a credit of 52.15 ERA is owed.

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4. That as Council is satisfied with the works completed on the extension of

Triton Street and roundabout, Council resolves to forward payment for the remaining credit of 52.15 ERA at $2,197.67/ERA (September 2003), which equates to $114,608.49 (September 2003) to FTV Pty Ltd, in regards to works constructed on Council’s behalf, subject to the applicant submitting full as constructed details to Council, in accordance with the Council’s standard requirements.

5. That Council advises FTV Pty Ltd, the Applicant, that the payment of

$114,608.49 (September 2003) together with the credit of 91 ERA for Traffic contributions finalises the issue of payment of traffic contributions as required under Condition 17 of Development Approval 8/8/360.

6. That Council advises the applicant, FTV Pty Ltd, that a credit for traffic

contributions can only be claimed against “network roads” as identified in Council’s Traffic Management Plans. The “network road” component is limited to Stage 1 works under the tripartite agreement.

EXECUTIVE SUMMARY: FTV Pty Ltd, Juniper Residential Holdings Pty Ltd and Balatox Pty Ltd constructed network infrastructure road works in the Palm Cove Precinct. A separate report has been presented to Council regarding the assessment of the costs and the refund of credits owing to Juniper Residential Holdings Pty Ltd. The demand for traffic generated by the Juniper development is less than the cost of the network infrastructure completed and Juniper seeks a refund of the credit. Council’s Traffic Management Plan identifies the works as being a Council responsibility. Council has a statutory obligation to refund the excess credits where sufficient funds are available within the trust account for that Precinct. The cost of the works undertaken has been professionally evaluated and assessed. The cost has been found to be fair and reasonable. The works have been completed to the satisfaction of Council’s Development Engineer. The outstanding credit should now be refunded to the developer.

REQUEST FTV Pty Ltd is currently constructing a Holiday Apartment / Motel development on Lot 4 (“The Palace”). FTV Pty Ltd claim a refund of a traffic contribution credits in regards to the construction of the road infrastructure works less the traffic demand generated by development.

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CONSIDERATIONS: Statutory: Condition of the original Special Facilities rezoning approval required the construction of the extension of Triton Street and a connection bridge between the subject land and the previous Triton Street road pavement. Condition 19 of Development Permit 8/8/360 issued to the subject site reiterated this requirement. The applicant undertook the road works as part of a tripartite agreement with two other, neighbouring property owners: Juniper Residential Holdings, which is developing Lot 5 Triton Street under Development Approval 8/8/400; and Balatox Pty Ltd which is developing the large land parcel to the west between Triton Street and the Captain Cook Highway under Development Approval 8/30/18. The applicant has lodged a claim purporting the “total cost” of the roads works in Triton Street amounted to $1,412,734.00 of which a proportion of $335,090.00 was paid by FTV Pty Ltd. This “total cost” referred to by the applicant includes two stages: Stage 1, the network road infrastructure works; and Stage 2 the local road infrastructure works. The total cost of the network infrastructure works, which included an extension of the road pavement to Triton Street, the construction of a bridge over Sweet Creek and the construction of a roundabout, is $901,828.00 (June 2001). FTV Pty Ltd share of the cost is one third, that is $300,609.00 (June 2001). This is the maximum credit that can be claimed. Council has already assessed and approved of the total cost of the works. The commencing credit of $300,609.00 equates to 143.15 ERA when the rate of $2,100/ERA (the June 2001 traffic contribution rate for the Palm Cove Precinct) is applied. The development of the 184 Holiday Apartments equates to a demand of 91 ERA. This leaves a balance credit of 52.15 ERA. The current rate of traffic contributions is $2,197.67/ERA. Thus the credit owing to FTV currently amounts to $114,608.49 (September 2003). Policy: Part of the road works is deemed to be “network” infrastructure by Council’s Traffic Management Plan for the Palm Cove Precinct. The Plan states that the cost of “network” infrastructure is Council’s responsibility. The works were constructed pursuant to a Council issued Development Permit for Operational Works. The works have been constructed in accordance with that approval and have been completed to the satisfaction of the Development Engineer. Financial: Council has a statutory obligation to refund the excess credits where sufficient funds are available within the trust account for that Precinct. The trust fund has a current balance of $658,432.00 (as at July 2003).

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A payment of $162,957.23 is also owed to Juniper Residential Holdings. Including this payment there remains sufficient funds available to refund the credit owing to FTV Pty Ltd. There are no other claims currently lodged with Council. Social: None applicable.

CONSULTATION: None required.

OPTIONS: No options. Jenny Elphinstone Senior Planning Officer Action Officer Nikki Huddy Manager City Assessment

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PLANNING DEVELOPMENT & COMMUNITY SERVICES COMMITTEE

11 SEPTEMBER 2003

15

RECONFIGURING A LOT (BOUNDARY REALIGNMENT) – HARVEY CREEK ROAD AND MCPAUL ROAD, BELLENDEN KER Peter Boyd: 8/13/642: #672804 PROPOSAL: RECONFIGURING A LOT (BOUNDARY

REALIGNMENT) APPLICANT: MR G ZAPALLA C/- C & B GROUP PO BOX 1949 CAIRNS QLD 4870 LOCATION: HARVEY CREEK ROAD AND MCPAUL ROAD,

BELLENDEN KER PROPERTY: LOT 1 ON RP808544 AND LOT 2 ON RP886351 ZONE: RURAL STRATEGIC PLAN: RURAL DCP: NONE APPLICABLE REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 26 SEPTEMBER 2003 DIVISION: 1 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council approve the application to reconfigure the common boundary of land described as Lot 1 on RP808544 and Lot 2 on RP886351, Parish of Grafton, located at Harvey Creek Road and McPaul Road, Bellender Ker, subject to the following conditions: - Assessment Manager Conditions 1. The proposed plan Drawing No. 30648-01 dated 14 July 2003 and submitted

to Council on 8 August 2003, is approved subject to any alterations:

a. Found necessary by the Council at the time of examination of the Engineering Plans or during the construction of the development because of particular engineering requirements;

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

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

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


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

and dating of the survey plan, except where specified otherwise in these conditions of approval.

Existing Services 3. 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 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.

Electricity and Telecommunications 4. 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 to be provided prior to the approval and dating of the Plan of Survey.

On-Site Sewerage Disposal 5. The applicant/owner must demonstrate how the development complies

with the DNRM On-site Sewerage Code (July 2002). On-site sewerage disposal ‘envelopes’ must be provided on a plan of the development, showing how each allotment can physically provide the necessary area(s) and comply with the required setbacks, etc. for on-site disposal of sewerage. On-site sewerage disposal must occur within any proposed building envelopes.

The plan must be accompanied by a report, inclusive of supporting calculations and site investigations, for each site in a format to the satisfaction of the Chief Executive Officer, specifying those methods of on-site sewerage disposal applicable for those allotments and providing a recommended method and location of facilities. The plan and report must be received and endorsed by the Chief Executive Officer prior to endorsing and signing of survey plan.

State Planning Policies 6. The proposed development is to demonstrate compliance with State

Planning Policy 1/03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide. Such information is to be received and endorsed by the Chief Executive Officer prior to approval and dating of the Plan of Survey.

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1997, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

2. 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 Geocentric Datum Australia (GDA) MGA 94 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.



EXECUTIVE SUMMARY: Council is in receipt of an application for a boundary realignment to revert to the allotment configuration that existed prior to the 1995 Boundary Realignment to the current position. The reconfiguration will result in approximately 2,675m² being transferred from Lot 1 on RP808544 to Lot 2 on RP886351. Currently there is sugar cane on both allotments and Lot 1 is improved by a residential dwelling. The purpose of the reconfiguration is to represent the current farming situation as Lot 1 contains land that is being farmed along with Lot 2. Although the proposed allotments do not comply with all relevant Planning Scheme provisions, the proposed boundary realignment is recommended for approval. The proposed reconfiguration will not create any further fragmentation of the rural landscape and will enable more efficient farming practices to be carried out. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is to realign the common boundary between Lot 1 on RP808544 (4,429m²) and Lot 2 on RP886351 (5,457m²) located at Harvey Creek Road and McPaul Road, Bellenden Ker. The owners of the allotments wish to realign the current boundaries to represent the farming practices that are taking place. The proposed boundary realignment will result in approximately 2,675m² being transferred from Lot 1 to Lot 2 resulting in net areas of 1,755m² and 8,132m² respectively.

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Strategic Plan/DCP The Strategic Plan includes both of the allotments within the Rural preferred dominant land use designation. Areas within the Rural designation include both good quality land, assigned cane land and marginal land. The proposed development will not result in any good quality agricultural land being fragmented and is in accordance with the State Planning Policy 1/92 Development and the Conservation of Agricultural Land. The proposed development is consistent with the intent of the Rural designation. Land Zoning The subject allotments are included in the Rural zone in the Planning Scheme. The intent of the Rural zone is to conserve areas of agricultural, open space and scenic significance. The proposed boundary realignment is consistent with the intent of the Rural zone. Although the existing and proposed allotments do not meet the minimum allotment sizes for Rural zone, the proposed reconfiguration does not result in further fragmentation of land within the Rural zone. Impact of Proposal The proposed development is for a boundary realignment that will not result in the creation of any additional allotments. The main purpose of the reconfiguration is to increase the allotment size of Lot 2 to represent the current agricultural practices on the site. Currently sugar cane is grown on both allotments and Lot 1 is improved by a residential dwelling. Therefore the impact of the proposed development is likely to be minimal. The proposal is unlikely to negatively impact on the character or the amenity of the locality, and is recommended for approval. HEADWORKS / CONTRIBUTIONS: The proposed boundary realignment will not be creating any additional allotments and therefore no contributions are payable. Peter Boyd Planning Officer Action Officer Nikki Huddy Manager City Assessment

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APPENDIX 1

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162


PLANNING, DEVELOPMENTS & COMMUNITY SERVICES COMMITTEE

11 SEPTEMBER 2003

16

RECONFIGURING A LOT – BOUNDARY REALIGNMENT AND ACCESS EASEMENT – 177-181 AND 183-187 UPPER STANTON ROAD, SMITHFIELD Peter Boyd: 8/13/643-01 : #672816 PROPOSAL: BOUNDARY REALIGNMENT AND ACCESS

EASEMENT APPLICANT: P P HITCHCOCK C/- JOHN MAC ISAAC & ASSOCIATES PTY LTD P O BOX 5174 CAIRNS Q 4870 LOCATION: 177-181 AND 183-187 UPPER STANTON ROAD, SMITHFIELD PROPERTY: LOTS 13 & 14 ON RP729809, PARISH OF

SMITHFIELD ZONE: LOW DENSITY RESIDENTIAL STRATEGIC PLAN: RURAL CONSTRAINED DCP: HILLSLOPES – CATEGORY B CONSTRAINED VEGETATION PROTECTION REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 26 SEPTEMBER 2003 DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council approve the application to reconfigure the common boundary of land described as Lot 13 and Lot 14 on RP729809 and to create an access easement over Lot 14 on RP729809, Parish of Smithfield, located at 177-187 Upper Stanton Road, Smithfield, subject to the following conditions: - Assessment Manager Conditions 1. The proposed plan number 1774-01 dated 3 April 2003 and submitted to

Council on 7 August 2003, is approved subject to any alterations: a. Found necessary by the Council at the time of examination of the

Engineering Plans or during the construction of the development because of particular engineering requirements;



c. To ensure compliance with the following conditions of approval; Except where modified by these conditions of approval.

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

and dating of the survey plan, except where specified otherwise in these conditions of approval.

3 The applicant/owner must, at no cost to Council, prepare legal documents to

provide for an access easement to proposed Lot 13in accordance with the approved plan, over Lot 14 on RP729809. A copy of the easement documents must be submitted to Council for approval. The easement documents must be lodged and registered in the Department of Natural and Mines in conjunction with the Plan of Survey for Reconfiguration.

Existing Services 4. 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 the services to comply with this requirement; or

b. Arrange the registration of the necessary easements over the services,




Lawful Point of Discharge 6. The applicant / owner must ensure that the flow of all external stormwater

from the property is directed to a lawful point of discharge being nominally Upper Stanton Road 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.

Vegetation Protection 7. All vegetation must be retained and only be removed with the written

consent of the Chief Executive Officer. Council’s City Assessment Branch is to be notified of the proposed date of commencement of any approved tree clearing.

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1997 , shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.


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 Geocentric Datum Australia (GDA) MGA 94 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.


demonstrates compliance with State Planning Policy 1/03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide. Despite this, consideration should be given to the provisions contained in this policy.



EXECUTIVE SUMMARY: Council is in receipt of an application for a boundary realignment of the common boundary of Lots 13 and 14 on RP729809, located at 177-181 and 183-187 Upper Stanton Road, Smithfield, respectively and for the establishment of an access easement over part of Lot 14 on RP729809 in favour of Lot 13 on RP729809. The access easement over Lot 14 will enable Lot 13 to have access to Stanton Road without necessitating the construction of another crossover and vegetation clearing. The reconfiguration will result in approximately 4,100m² being transferred from Lot 13 to Lot 14. Currently Lot 13 is a vacant allotment and lot 14 is improved by a residential dwelling. The purpose of the reconfiguration is to represent the current situation as infrastructure (swimming pool) on Lot 14 encroaches into Lot 13. The proposed allotments are in accordance with all relevant Planning Scheme provisions and as such the proposed boundary realignment is recommended for approval.

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TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is to realign the common boundary between Lot 13 (8,103m²) on RP729809 and Lot 14 (8,312m²) on RP729809 located at 177-181 and 183-187 Upper Stanton Road, Smithfield and to create an access easement over Lot 14 on RP729809 in favour of Lot 13 on RP729809. The access easement is generally in the location of the existing driveway onto Lot 14 on RP729809. No additional allotments will be created as part of this reconfiguration. The owners of the properties have decided to sell Lot 13 and are seeking Council’s approval to realign the boundary to rectify the encroachments into Lot 13 that have occurred over time. The boundary that is being proposed will provide a vegetated buffer between the existing dwelling and any future dwelling to be constructed on Lot 13. The irregular shaped allotment has been created to ensure that the applicant can maintain access to a network of walking trails that exist along the mountain ridge. The proposed boundary realignment will result in approximately 4,100m² being transferred from Lot 13 to Lot 14. The proposed boundary realignment will not necessitate the construction of a crossover to Lot 13 as the proposed access easement over Lot 14 will provide adequate access. The access easement over Lot 14 will result in reduced vegetation cleating to provide adequate access to the site of the proposed dwelling. Strategic Plan/DCP The Strategic Plan includes both of the allotments within the Rural Constrained land use designation. Areas included within the Rural Constrained designation are may contain slope or stability problems or high ecological/landscape value. The proposed development is consistent with the intent of the Rural designation. The subject site is also included within the Hillslopes Category B designation of the Hilslopes DCP. The DCP indicates areas that are suitable for residential development, subject to detailed consideration of the constraints, which affect each particular site. The proposal to realign the boundary and to create an easement providing Lot 13 with access is considered to comply with the provisions of the DCP and is also considered consistent with the desired intent for development within the Hillslopes Category B designation. The subject site is included under Council’s Local Law 24 – Vegetation Protection. A permit for clearing any vegetation on the site is required as all vegetation on the site is protected. A condition has been included to reflect this requirement. Land Zoning The subject site is included within the Low Density Residential zone. The intent of the Low Density Residential zone is to allow for an alternative type of residential living generally on large acreage allotments.

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Table E-1 in the Planning Scheme for the Balance of the City of Cairns specifies the requirements involved for the subdivision of land within the Low Density Residential zone. The proposal meets these requirements with both proposed residential lots having areas in excess of 4,000m². The layout and dimensions of the proposed lots are capable of containing a rectangle with dimensions 40m x 50m wholly within the boundaries of each allotment. The proposed reconfiguration is capable of being serviced with the appropriate infrastructure. Impact of Proposal The proposed development is for a boundary realignment and the creation of an access easement that will not result in the creation of any additional allotments. The main purpose of the reconfiguration is to increase the allotment size of Lot 14 to rectify the encroachments into Lot 13 and to provide a buffer between the existing residential dwelling and any future dwelling to be constructed on Lot 13. Both lots are heavily covered in vegetation and the owners of Lot 14 acknowledge that future development on Lot 13 may result in the natural visual screen that presently exists being reduced. Therefore the impact of the proposed development is likely to be minimal. The proposal is unlikely to negatively impact on the character or the amenity of the locality, and is recommended for approval. HEADWORKS / CONTRIBUTIONS: The creation of an access easement does not provide Council with an ability to apply contributions given that no additional allotments are being created. Peter Boyd Planning Officer Action Officer Nikki Huddy Manager City Assessment

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11 SEPTEMBER 2003

17

RECONFIGURING A LOT – (1 LOT INTO 2 LOTS) – 10-12 O’MEARA STREET, EDMONTON K Watton: 8/13/636-01 : #672862 PROPOSAL: RECONFIGURING A LOT – 1 LOT INTO 2 LOTS APPLICANT: GEORGE HOFFMAN C/- BRAZIER MOTTI PTY LTD P O BOX 1185 CAIRNS Q 4870 LOCATION: 10-12 O’MEARA STREET, EDMONTON PROPERTY: LOT 19 ON SP133373, PARISH OF GRAFTON ZONE: RESIDENTIAL 2 STRATEGIC PLAN: URBAN AND RURAL DCP: HILLSLOPES CATEGORY A REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 17 SEPTEMBER 2003 DIVISION: 1 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council approve the application to reconfigure land described as Lot 19 on SP133373, Parish of Grafton, located at 10-12 O’Meara Street, Edmonton into 2 lots, subject to the following conditions:- Assessment Manager Conditions 1 The proposed Plan of Development Drawing No. SK01 dated July 2003 and

prepared by Projex North Pty Ltd is approved subject to any alterations: a. Found necessary by the Council at the time of examination of the




c. To ensure compliance with the following conditions of approval. Except where modified by these conditions of approval.

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approval and dating of the survey plan, except where specified otherwise in these conditions of approval.




payment. On the present method of calculation, the estimated total headworks contributions are $4,394.10 (1.30 EDCs) for water and $2,133.58 (1.0 EDCs) for sewerage.

Payment is required prior to the approval and dating of the survey plan. Traffic Management Contributions 4. 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 $2,053.09 (1.0 ERAs). Payment is required prior to the approval and dating of the survey plan.

Water Supply and Sewerage Works 5. The applicant/owner must carry out water supply and sewerage works 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 to and endorsed

by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

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

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

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external to the subject land:

a. Construction of a full width carriageway to an Access Street Standard in accordance with Council Standard Drawing S1005 to provide frontage to the subject land.

Three (3) copies of a plan of the works must be submitted and endorsed by the Chief Executive Officer prior to the approval and dating of the Survey Plan. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the approval and dating of the Survey Plan.



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 nominally Stony Creek, to be further determined at Operation Works stage, 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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EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land within the Residential 2 zone into 2 residential lots at 10-12 O’Meara Street, Edmonton. The proposed development is considered to be in accordance with the performance standards and provisions of the Planning Scheme for the Balance of the City of Cairns and is recommended for approval subject to conditions. TOWN PLANNING CONSIDERATIONS: Background A previous development application was lodged with Council in 1999 (8/17/157) for a Development Permit to create 21 lots, park and drainage reserve. The application was refused at Council’s Ordinary Meeting on 1 November 1999. The application for the Development Permit for 21 lots, park and drainage reserve (Forest Glen Estate) was granted approval via a Court Consent Order dated March 2000 (Appeal No 4580 of 1999). Proposal The proposed development is for the reconfiguration of 3,575m2 land described as Lot 19 on SP133373 having an area of 3,575m2 into two (2) lots with areas of 1,788m2

(Proposed Lot 191) and 1,787m2 (Proposed Lot 192). The subject site has an approximate frontage of 139m to Lucky Street, however, Lucky Street is currently an unformed road. The subject site is currently vacant. Strategic Plan/DCP The subject site is included within the Urban and Rural preferred dominant land use designation in the Strategic Plan. Only a small portion of the subject site is included in the Rural designation. The proposed development will create one additional residential allotment and is generally in accordance with the intent of the Urban designation. Land Zoning The subject site is included in the Residential 2 zone in the Planning Scheme. The intent of the Residential 2 zone is to facilitate the building of communities that are sustainable, safe and stimulating. The proposed reconfiguration is considered consistent with the intent of the Residential 2 zone.

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Section 3.1.3 of the Planning Scheme specifies the minimum allotment size and dimensions for the Residential 2 zone. The requirements vary depending on the allotment size. Allotments with an area greater than 450m2 must be capable of containing a rectangle suitable for building purposes measuring 10m by 15m. The proposed reconfiguration will still allow for both lots to have sufficient area and dimensions to comply with the requirements for the Residential 2 zone. Access Lucky Street was proposed in the original subdivision that created Forest Glen Estate however, Lucky Street was never created and remains an unformed road. The applicant has proposed a 3 metre wide concrete driveway within the Lucky Street corridor to access both of the proposed allotments. A 3 metre wide concrete driveway to access the proposed allotments is not considered suitable to service both of the proposed allotments, and does not comply with the Planning Scheme or the Development Manual requirements. Therefore a condition has been included requiring the full construction of Lucky Street for the frontage of the proposed allotments. Impact of Proposal The impact of the proposed lot reconfiguration is likely to be minimum due to its minor nature, which will result in the creation of one (1) additional allotment with an appropriate area and dimensions suitable to contain a single detached dwelling. The proposal is unlikely to negatively impact on the character or the amenity of the locality, and is recommended for approval. HEADWORKS / CONTRIBUTIONS: The following headworks contributions are applicable to the proposed development. Element Comment Calculation Contribution Water Supply

District: Edmonton South #16: $3,380.07 / EDC 2 Lots >1,500m2 – 2.60 EDC Less Credit for existing lot >1,500m2 – 1.30 EDC Net Demand: 1.30 EDC

1.30 EDC x $3,380.07

$4,394.10

Sewerage District: Edmonton #32: $2,133.58/EDC 2 Lots >1,500m2 – 2.0 EDC Less credit for existing lot >1,500m2 – 1.0 EDC Net Demand: 1.0 EDC

1.0 EDC x $2,133.58

$2,133.58

Traffic District: Redhill to Edmonton #33: $2,053.09 / ERA 2 Lots >1,500m2 – 2.0 ERA Less credit for existing lot >1,500m2 – 1.0 ERA Net Demand: 1.0 ERA

1.0 ERA x $2,053.09

$2,053.09

Drainage Not included in a Drainage Management Plan No contributions sought

Nil

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Open Space

Land previously surrendered for Forest Glen Estate

No further contributions sought

Nil

Kym Watton Planning Officer Action Officer Nikki Huddy Manager City Assessment

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APPENDIX 1

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11 SEPTEMBER 2003

18

RECONFIGURING A LOT – BOUNDARY REALIGNMENT – 16 AND 17 CHATHAM TERRACE, SMITHFIELD Allisen Wright: 8/13/641-01 : #666000 PROPOSAL: BOUNDARY REALIGNMENT APPLICANT: MS JENNIFER LAWTON P O BOX 23 SMITHFIELD Q 4879 LOCATION: 16 AND 17 CHATHAM TERRACE, SMITHFIELD PROPERTY: LOT 16 ON RP740350 AND LOT 17 ON

SP150220, PARISH OF SMITHFIELD ZONE: LOW DENSITY RESIDENTIAL STRATEGIC PLAN: RURAL CONSTRAINED DCP: HILLSLOPES CATEGORY A -

UNCONSTRAINED REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 15 SEPTEMBER 2003 DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council approve the application to reconfigure the common boundary of land described as Lot 16 on RP740350 and Lot 17 on SP150220, Parish of Smithfield, located at 16 and 17 Chatham Terrace, Smithfield, subject to the following conditions: - Assessment Manager Conditions 1. The proposed Plan of Survey No. SP115112 submitted with the application

is approved subject to any alterations: a. Found necessary by the Council at the time of examination of the




c. To ensure compliance with the following conditions of approval. Except where modified by these conditions of approval.

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approval and dating of the survey plan, except where specified otherwise in these conditions of approval.

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

from the property is directed to a lawful point of discharge, to be determined prior to the approval and signing of the survey plan, 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.

4. On-site Sewerage Disposal The on-site sewerage disposal system for both allotments must comply with

the On-site Sewerage Code (July 2002). 5. Provision of Services The applicant is to provide written confirmation of the location of the

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

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


The written confirmation shall be submitted to the Chief Executive Officer

prior to approval and dating the plan of survey. ADVICE 1. This approval, granted under the provisions of the Integrated Planning Act

1997, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.



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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.

EXECUTIVE SUMMARY: The applicant proposes to realign the boundary between two Low Density Residential zoned properties at 16 and 17 Chatham Terrace, Smithfield. A small portion of Lot 17 contains the ashes of the applicant’s husband and she wishes to include the land within her property. The proposal complies with all relevant planning scheme provisions and is recommended for approval subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The applicant proposes to realign the boundary between Lot 16 on RP740350 and Lot 17 on SP150220 located at 16 and 17 Chatham Terrace, Smithfield. The boundary realignment will involve a small (38m2), triangular portion of Lot 17 being included in Lot 16. The portion to be transferred to Lot 16 contains the ashes of the applicant’s husband and was previously designated as road reserve prior to a road closure being obtained by the owner of Lot 17. Referral Coordination As a transitional arrangemen, prescribed land under the former Local Government (Planning and Environment) Act, including land that is wholly or partly located in or contains or shares a common boundary with a World Heritage Area, is subject to referral co-ordination under the Integrated Planning Act 1997. If Council is satisfied that the proposed is of a minor or ancillary nature, the proposal will not trigger the referral co-ordination provisions. The portion of Lot 17 to be transferred to Lot 16 is included in a World Heritage (Wet Tropics) Area. There is no specific test for what constitutes minor or ancillary; however following consideration of comments provided by the Wet Tropics Management Authority, the Manager City Assessment, under delegated authority, determined the proposal to be minor based on the fact that he proposal is only for a boundary realignment, no additional lots will be created, and the area of land to be transferred is only 38m2.

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Strategic Plan/DCP The subject site is included in the Rural Constrained preferred dominant land use under the Strategic Plan. The Rural Constrained designation includes areas that may be subject to flooding, storm surge, high ecological/landscape value or slope or stability problems. The proposal does not create any additional allotments and is consistent with the intent of the Rural Constrained designation. Land Zoning The subject site is included in the Low Density Residential zone under the Planning Scheme. The intent of the zone is to provide for an alternative type of residential living generally on large acreage allotments. The proposal is consistent with the intent of the Low Density Residential zone. Wet Tropics Management Authority (WTMA) The WTMA provided the following comments in relation to the development application:

Given that the proposed reconfiguration will not alter the use of the small section of land in question, there will be no impact on the natural values of the WHA. Therefore the Authority has no objection to the reconfiguration of Lot 16 on RP740350 and Lot 17 on SP150220.

Impact of Proposal The proposed boundary realignment will allow the applicant to include the small portion of land containing her husband’s ashes within her property. Both the existing and proposed Lot 16 and Lot 17 are well above the minimum lot size for the Low Density Residential zone and the proposal complies with all relevant planning scheme provisions. The boundary realignment will not have a negative impact on the amenity of the surrounding area. HEADWORKS / CONTRIBUTIONS: There are no additional lots being created and no additional demand on Council’s infrastructure and therefore no developer contributions are applicable to the proposed development. Allisen Wright Team Leader Action Officer Nikki Huddy Manager City Assessment

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APPENDIX 1

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PLANNING DEVELOPMENT & COMMUNITY SERVICES COMMITTEE

11 SEPTEMBER 2003

19

RECONFIGURING A LOT – 1 LOT INTO 19 – LOT 4 ON SP124695, REDLYNCH INTAKE ROAD, REDLYNCH Nikki Huddy : 8/13/604 : #668167 PROPOSAL: RECONFIGURING A LOT - 1 LOT INTO 19 APPLICANT: MARLIN COAST DEVELOPMENTS PTY LTD

C/- PETER ROBINSON PLANNER PO BOX 4751 CAIRNS Q 4870

LOCATION: CORNER OF REDLYNCH INTAKE ROAD AND

MARY PARKER DRIVE, REDLYNCH PROPERTY: LOT 4 ON SP124695 ZONE: LOW DENSITY RESIDENTIAL AND RURAL STRATEGIC PLAN: LOW DENSITY RESIDENTIAL DCP: NOT APPLICABLE REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS - COMMENTS

PROVIDED NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 28 AUGUST 2003 DIVISION: 12 APPENDIX: 1. PROPOSAL PLAN 2. FLOOD MODELLING PLAN

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LOCALITY PLAN

RECOMMENDATION: A. That Council approve the application to reconfigure land described as Lot 4

on SP124695 situated at Redlynch Intake Road and Mary Parker Drive, Redlynch into 19 residential allotments and open space.

Assessment Manager Conditions

1. The proposed Plan of Development Drawing No. 30106/148 (Revision B)

amended 23 June 2003 and prepared by Brazier Motti Pty Ltd is approved subject to any alterations:

a. Found necessary by the Council at the time of examination of the


b. To ensure that the development complies in all respects with their requirements of Council's Planning Scheme, Development Manual and good engineering practice; and

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


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Timing of Effect

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

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

3. The conditions of Rezoning R34/94 and the Court Consent order for Reconfiguring a Lot 8/13/42 are to be reflected in the design and adhered to, to the extent that they are relevant to this proposal.

Drainage Contributions 4. The applicant/owner must contribute towards the augmentation of

stormwater drainage services and associated services in accordance with the Freshwater Creek Drainage Management Plan, or Drainage Management Plan applicable at the time of payment.

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

The current rate of contribution is $6,626.61 (18 lots). Payment is required prior to the issue of a Development Permit for Operational Works.

Water Supply and Sewerage Contributions

5. The applicant/owner must contribute in accordance with Council's


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 $91,414.48 (23.40 EDC) for water and $57,647.84 (18 EDC) for sewerage.

Payment is required prior to the approval and dating of the survey plan.

Parkland Contribution 6. The applicant/owner must transfer to the Crown: a. a 20 metre wide Esplanade from the top of the bank of

Freshwater Creek for Public Use Land – Reserve; b. a 10 metre wide Esplanade from the top of the bank of

Currunda Creek for Public Use Land – Reserve;

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c. a 6 metre wide access strip from Mary Parker Drive to the

Freshwater Creek Esplanade, along the eastern boundary of the subject land (i.e. adjacent to the existing lot 3 on SP124695.

These three areas are to be connected and are to be capable of use by

the general public to access the creek, and for recreation purposes. The areas are to have all declared noxious weeds and plants to destroyed.

A plan showing the levels of the Reserve, and the location of significant

vegetation is to be provided to Council, the final treatment of the area is to be included in the landscape plan submitted to Council, and shall include a linear, mowable access path constructed to the satisfaction of the Chief Executive Officer, prior to the approval and dating of the survey plan. The reserve areas shall be transferred to the Crown at the same time as registering the survey plans with the Department of Natural Resources and Mines.

Water Supply and Sewerage Works

7. The applicant/owner must carry out water supply and sewerage works 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 to and endorsed 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 survey plan.

Vegetation Clearing

8. Existing vegetation on the subject land must be retained in all areas

except those affected by the construction of roadworks, earthworks and the installation of services. The extent of any clearing which is required to provide for roadworks or the installation of services or which is to be carried out on proposed lots must be consented to by the Chief Executive Officer before clearing commences in these areas.

9. The applicant shall be responsible for the removing of weeds from the

Open Space areas along the creeks and the establishment of stabilising vegetation along eroded sections of the creek banks both to the satisfaction of the Chief Executive Officer.

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Landscaping Plan

10. 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 submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. 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; b. Planting of the footpath with trees, using appropriate species with

regard to any overhead powerline constraints; and c. Inclusion of all requirements as detailed in other relevant

conditions included in this Approval, with a copy of this Development Approval to be given to the applicant’s Landscape Architect/Designer;

d. Those areas identified in the Parkland Contribution condition above;

e. Planting of screening vegetation on the western side of the proposed internal road to minimise the impact of headlights from vehicles heading in opposite directions, on the two roads. This vegetation should be capable of reaching a height of 5m within 2 years, and shall be planted at a minimum height of 1m.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Areas to be landscaped must be established prior to the approval and dating of the survey plan and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.


11. The applicant/owner must ensure that the flow of all stormwater from within the property is directed to a lawful point of discharge being Freshwater Creek 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.

12. The applicant shall ensure that cross property drainage from external

catchments is discharged through the property in a manner that does not adversely impact on the utility of the allotments and/or cause any adverse change to upstream drainage conditions.

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Plan of Drainage Works 13. The subject land must be drained to the satisfaction of the Chief

Executive Officer. In particular,

a. The drainage system from the development must incorporate a gross pollutant trap(s) or equivalent measure(s), meeting the following Council specifications for stormwater quality improvement devices (SQID), namely:

i. End-of line stormwater quality improvement devices (SQID)

shall be of a proprietary design and construction and shall carry manufacturer’s performance guarantees as to removal of foreign matter from stormwater and structural adequacy of the unit.

ii. SQIDs shall remove at least 95% of all foreign matter with a

minimum dimension of 3mm and shall be configured to prevent reinjection of captured contaminants.

The SQID treat all first flush runoff, which shall be defined as

that volume of water equivalent to the runoff from the 3 month ARI storm event. The location of SQIDs within the drainage system shall be planned to ensure that the first flush waters from all parts of the (developed) catchment are treated.

iii. The design of the SQID shall not compromise the hydraulic

performance of the overall drainage system.

b. All parts of any new allotment that does not have immunity from flooding associated with an ARI 100 year rainfall event shall be included in a drainage easement registered in favour of Council.

Soil and Water Management Strategy 14. A soil and water management strategy, 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 Operational Work.

Installation Of SWM Measures

15. 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).

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Access to Battleaxe Lot

16. The applicant/owner must construct a concrete driveway to battleaxe

Lot 22 extending the full length of the access leg of the allotment and such driveway shall commence at the adjacent kerb and channel with a standard crossover in accordance with Council Standard Drawing S1015. The construction of the concrete driveway shall be in accordance with Council Standard Drawing S1110.

Earthworks and Structures

17. The applicant shall provide a building site on each allotment above the

Q100 flood level with a minimum dimension of 20m x 50m. The earthworks shall be carried out in accordance with the design

criteria contained in the Lawson and Treloar Report date June 2003 submitted in support of the application and the requirements of Council’s Development Manual all to the requirements and satisfaction of the Chief Executive Officer. No other earthworks will be permitted within the Q100 area, and a note shall be placed on Council’s property record for each proposed lot to this effect.

18. No structures shall be erected below the Q100 level. A note shall be

placed on Council’s property record for each proposed lot to this effect. Easements 19. The applicant/owner must arrange for the registration of a drainage

easement(s) in Council’s favour for all areas below the Q100 flood level (excluding those areas filled in accordance with the report prepared by Lawson and Treloar dated June 2003). The easement shall be registered in conjunction with the registration of the Plan of Survey.

20. The applicant/owner must arrange for the registration of 4 metre wide

easement(s) over lots 4, 5, 8 and 22 for the purpose of noise attenuation, in accordance with the findings of the MGF Consultants (NQ) Pty Ltd dated 19 May 2003. The easement shall be registered in conjunction with the registration of the Plan of Survey. Building envelopes shall be outside this easement area.

Fencing

21. The applicant shall provide a fence along the Redlynch Intake Road

frontage of lots 4, 5, 8 and 22 for the purpose of prohibiting vehicle access.

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Details of the fence must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Work. Construction of the fence must be completed to the satisfaction of the Chief Executive Officer prior to approval and dating of the Plan of Survey.

22. Fencing erected on or within any part of the lots below the Q100 flood

level shall consist of materials that do not significantly impede flood flows. The developer shall submit a range of fencing styles which suit this requirement, prior of the approval and dating of survey plans, to the satisfaction of the Chief Executive Officer. Any fencing erected within the Q100 shall be in the approved style and a note shall be placed on Council’s property record for each proposed lot to this effect

Electricity and Telecommunications 23. 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 to be provided prior to the approval and dating of the Plan of Survey.

Amendment to Court Order 24. An application is to be made to the Planning and Environment Court to

cancel Condition 18 and to change Condition 6b of the Court Consent Order, in accordance with Council’s resolution of 14 August 2003. The application to the Court is to be resolved in accordance with Council’s resolution, prior to the issue of a Development Permit for Operational Works.

CONCURRENCE AGENCY CONDITIONS

Department of Main Roads

1. Permitted Road Access Location

a. Access between the State-controlled road (i.e. Redlynch Intake

Road) and the subject land shall be via Mary Parker Drive to the satisfaction of Cairns City Council.

b. No direct access between the State-controlled road reserve (i.e.

Redlynch Intake Road) and the subject land is permitted.

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2. Building Alignment Setback

A building alignment setback of 3m from the western boundary of the subject land for the proposed lot 4 shall apply to all new structures intended to be located on the proposed lot 4 to the satisfaction of the Director-General of the Main Roads Department.

3. Advertising No advertising device for the proposed development is permitted within the State-controlled road reserve (i.e. Redlynch Intake Road).

4. Parking When calculating carparking requirements associated with the proposed development, no parking is permitted within the State-controlled road reserve (i.e. Redlynch Intake 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.

2. Current requirements and estimates of development and headworks contributions may change when elements of the Cairns City Council Priority Infrastructure Plan (PIP) are adopted.

3. All building site managers must take all actions necessary to ensure all 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 the Council Officers, prior to the commencement or works.

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.

B. That the following notation be placed on Council's future rates record in

respect of the new lots: a. ‘There is a development permit on this property which includes

conditions from the Council and the Department of Main Roads. These conditions must be adhered to, if the development permit is activated. For further information contact Council's City Assessment Branch’.

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b. ‘No earthworks or erection of structures will be permitted within the

Q100 (drainage easement) area. The erection of structures includes fencing other than the fencing styles which have been approved by Council. A number of fencing styles have been pre-approved, and details are available from City Assessment.

________________________________________________________________ EXECUTIVE SUMMARY: Council has received an application to reconfigure an existing 12.64ha allotment in the Low Density Residential zone into 19 lots ranging in size from 4,009m2 to 5,899m2. The lots are accessed from Mary Parker Drive via an internal road running parallel to Redlynch Intake Road. A 10 metre wide Open Space reserve is provided along Currunda Creek and a 20 metre wide Open Space esplanade along Freshwater Creek. A buffer is also provided to Redlynch Intake Road. The application was forwarded to the Main Roads Department for comment as a concurrence agency and their conditions are contained within the recommendation. Part of the land falls below the Q100 flood level related to Freshwater Creek. Five lots in the proposal cannot provide building pads above the Q100 flood level and filling is required. The impact of the earthworks on flooding has been modelled by Lawson and Treloar P/L using the flood model developed for Council. Fill for the building pads is sourced from the flood plain adjacent to the creek and the modelling demonstrates that there are no adverse impacts on flood levels. Elsewhere filled pads will be provided on each allotment above the Q100 level. The proposal is recommended for approval. This is partly on the strength of previous rezoning and subdivision approvals – granted by the court. Development in this area is constrained by the Q100 flood level, limited access to Redlynch Intake Road, noise from Redlynch Intake Road and the vegetation in the area. The conditions of the approval are detailed and place strict requirements on the developer and future landowners. HISTORY The land was rezoned from Rural to Low Density Residential in 1998, the land adjacent to Currunda Creek, Freshwater Creek and between the property boundaries of lot 3 and the subject land is zoned Rural, this land has always been intended to be dedicated as open space / Esplanade. This was followed by an application to reconfigure the land into 4 lots also in 1998. The application for Reconfiguring a Lot was reported to Council at the Ordinary Meeting held on 2 November 1998, and resolved by Court Consent Order Planning & Environment Court Appeal No. 45 of 1998 on 16 December 1999.

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At the Planning Development & Community Services Meeting of 14 August 2003, Council agreed to support an application to the Planning and Environment Court to cancel Condition 18 and to change Condition 6b of the Court Consent Order. The cancellation of Condition No.18 related to a change to buffer strip requirements to Redlynch Intake Road by the Department of Main Roads. The change to Condition 6b related to the findings of a flood investigation which did not permit the required fill areas measuring 40m x 50m to be achieved. PROPOSAL The applicant seeks a Development Permit to reconfigure the land to create 19 Low Density Residential allotments plus open space / Esplanade and a road. The proposed lots are above the minimum lot size prescribed for the Low Density Residential zone. Each lot contains a rectangular area with minimum dimensions of 20 metres by 50 metres. All lots comply with the Performance Standards set out in Table E-1 of the Planning Scheme. The subject land can generally be described as a long narrow parcel situated between Redlynch Intake Road and Freshwater Creek, just north of Mary Parker Drive – the access to Redlynch Valley Estate. Lot access is via an internal road parallel to and adjacent to Redlynch Intake Road connecting to Mary Parker Drive. None of the lots have access to Redlynch Intake Road. For the most part, the allotments are situated between the internal road and Freshwater Creek. TOWN PLANNING CONSIDERATIONS STRATEGIC PLAN The subject land is included in the Low Density Residential designation on the Strategic Plan. Its subdivision in accordance with the plan provided complies with the provisions of the Strategic Plan. Section 6.7.1 of the Strategic Plan deals with natural hazards, in particular flooding. It provides that all lots have a flood free building platform nominally above the Q100 flood level and that where filling is necessary to achieve this, it shall be demonstrated that it can be undertaken without significant adverse impacts on other land. The proposed development accords with this provision of the Strategic Plan by providing building platforms on each allotment above the Q100 flood level in accordance with the results of hydraulic modelling that demonstrates no significant impact on other lands. ZONING The subject land was rezoned from Rural to Low Density Residential in 1998 subject to various conditions. Subsequently, part of the land was subdivided creating 4 allotments in the vicinity of the location where Mary Parker Drive crosses Freshwater Creek.

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The current subdivision relates to the balance land remaining after that initial subdivision. To the extent that they remain relevant, the rezoning conditions are reflected in the current proposal. Impact of the Proposal Section 6.1.29 of the Integrated Planning Act requires Council as Assessment Manager, to consider a range of matters to the extent that they are relevant to the application. The matters requiring particular consideration by Council are discussed below. In this instance, the general form and character of the development has already been approved by Council when the decision to rezone the land Low Density Residential was made. The land was previously used for cane cultivation and as such has been virtually denuded of its original vegetation. A row of trees planted by a previous owner within what is now a six metre buffer strip along Redlynch Intake Road form a hedge or screen between the development and the Redlynch Intake Road carriageway. This vegetation is outside the subject land and will not be interfered with. Open Space Dedication There is some remnant vegetation along the banks of Currunda Creek and Freshwater Creek which is in the Open Space strips to be transferred to Council as part of this subdivision. This riverine vegetation has been substantially degraded probably as a result of previous farming activities. There is evidence of recent attempts at revegetation probably undertaken by an unidentified community organisation. A condition requiring the applicant / owner to complete such works is included in the recommendation. In accordance with the rezoning conditions, a 10 metre esplanade is provided along Currunda Creek and a 20 metre Open Space esplanade along Freshwater Creek. The rezoning requires this land to be transferred to Council as Open Space and as a consequence, there will be no impact on the riverine vegetation and it will be preserved. The rezoning also requires a 20m wide strip to be dedicated linking Freshwater Creek to Mary Parker Drive. This is not shown on the proposal plan, but a condition requiring a 6m wide buffer has been included in the recommendation. It is suggested that 6m is wide enough to ensure public access to the newly created Freshwater Creek Esplanade and also allow maintenance when required. Sewerage Reticulation The applicant has indicated that he intends to provide sewerage reticulation to each allotment. As a consequence, there will be no impact upon the environment or Freshwater Creek as a result of individual on site wastewater treatment and disposal systems associated with each lot. It is noted that due to the extent of the Q100 inundation of the allotments that on site effluent disposal is not a practical solution.

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On those lots that do not have a building area above the 100 year flood level, namely Lots 17 to 20, the applicant proposes to excavate material from the floodplain of Freshwater Creek on the eastern section of the allotments and create four building pads of approximately 1,000 square metres adjacent to the road frontage on the western section of the allotments. Earthworks The resulting earthworks have been modelled by Lawson and Treloar, hydraulic consultants using the model developed for Council for Freshwater Creek. The results of the modelling as reported by Lawson and Treloar indicate that there is no significant impact on flood flows or flood levels outside the site. It is recommended that no structures are built within the Q100 flood area, this includes fences. An easement over the Q100 area is also required as part of the approval conditions. Department of Main Roads Buffer Lots 4, 5, 8 and 22 have common boundaries with Redlynch Intake Road. The rezoning conditions included the provision of a 10 metre wide buffer to Redlynch Intake Road. The condition allowed the 6 metres of land to be transferred from the owner and a 4 metre wide easement remaining in the proposed lots. A 6 metre wide strip of land along the full frontage has been transferred out of the property on a previous occasion. The provision of the internal road, satisfies the requirement for the 4 metres within the development. Where there is no road adjacent to Redlynch Intake Road, an easement has been required. Noise The applicants commissioned MGF Consultants of Cairns to prepare a noise report in accordance with the usual Main Roads Department specification. That noise report indicated that traffic noise levels on all allotments were less than the limit prescribed in the code with the exception of a strip of land at the rear of Lot 4 with a width of approximately 3 metres. A 4 metre wide easement along the Redlynch Intake Road frontage in Lots 4, 5, 8 and 22 consistent with the condition of the rezoning approval will ensure that no buildings can be erected in areas adversely impacted by traffic noise. The Department of Main Roads conditions also refer to the setback for noise protection. REFERRAL AGENCY COMMENT The subject land is within 100 metres of a State controlled road and as a consequence, the Department of Main Roads is a concurrence agency in relation to the application. By letter of the 9th July 2003, the Department advised the conditions to be imposed on the development. They are included in the recommendation. Additionally, due to the amount of excavation originally proposed, the application triggered referral coordination. The applicant undertook this process, and also amended the design, such that referral coordination was no longer required. The requirements of the referral agencies have been considered and included as Council requirements where relevant.

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HEADWORKS/CONTRIBUTIONS The following contributions are applicable to the proposed development. Element Comment Calculation Contribution Water District 9: $3,906.60/EDC

Industrial Allotments: Proposed demand – 24.70 EDC Less Credit 1.3 EDC Total Demand: 23.40 EDC

23.40 EDC × $3,906.60

$91,414.48

Sewerage District 22: $3,202.66 /EDC Proposed demand – 19 EDC Less Credits 1 EDC Total Demand: 18 EDC

18 EDC × $3,202.66

$57,647.84

Traffic No Traffic Contribution required Nil Nil Drainage Freshwater Creek Drainage

Management Plan. (19 lots – 1 lot credit)

18 EDC x $257.03 4,626.61

Open Space A monetary contribution for park was provided at the time of rezoning. However conditions of an earlier Court Order also require the dedication of buffers to Currunda Ck and Freshwater Ck, and to provide access from Mary Parker Drive.

Nil Contribution required as part of previous rezoning and subdivision approvals. Conditions included to reflect this requirement.

Nikki Huddy Manager City Assessment

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APPENDIX 1: PROPOSAL PLAN

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APPENDIX 2: FLOOD MODELLING PLAN

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11 SEPTEMBER 2003

20

WATSON’S PROPERTY FRESHWATER CREEK ACCESS THROUGH WATER TREATMENT PLANT Peter Tabulo:SDS : 8/20/1-82:#674217

RECOMMENDATION: That for the purpose of the applicant making the Material Change of Use Application Council authorise the CEO to sign the IDAS form number 1. The signing of the form in no way confers any obligation on Council to approve the application.

BACKGROUND: Council at the Planning and Development Committee Meeting held on 9 November, 2000, resolved :-

…that Council provide its written agreement in principle to the use of the access road for the development and to sign the application as owner, subject to satisfaction of the following pre-conditions:-

1. The applicant indemnifies Council in writing in respect of any loss, injury

or damage arising out of or in the course of carrying out works (including preliminary investigations set out below) or the use of the access road by the applicant, his agents etc. unless due to any negligent act or omission of the Council or its employees or contractors; and

2. The applicant carries out survey, engineering and other necessary work

at his cost and submits a report to Council addressing the following issues to Council's satisfaction, for each of the following possible accesses to the development site (so far as they are relevant to each option):

• Over Council's land; • From Redlynch Intake Road directly to the development site; and • From Redlynch Intake Road via Rocks Road:-

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(a) the location of the main in relation to the proposed road; (b) the replacement of the main or a section of the main with steel or

ductile iron pipe or a combination of both; (c) the construction or reconstruction or upgrading of the proposed

road and associated earthworks and the relocation of the road away from the main and the construction, reconstruction or upgrading of alternative accesses including a bridge over Freshwater Creek;

(d) any other works or actions required to ensure security of water supply; Council's ongoing ability to access the treatment plant, delivery mains and associated infrastructure (for maintenance or otherwise), and to minimise damage to the main;

(e) the environmental effect on Freshwater Creek and its surrounds and the works or actions required to minimise the effect;

(f) the effect on the flood regime of Freshwater Creek and the works or actions required to minimise the effect;

(g) impact of traffic on Redlynch Intake Road and the works or actions required to minimise the impact; and

(h) the estimate of cost of the works or actions set out above and the proposed division of costs between the applicant and Council.

3. After reviewing those reports, Council is satisfied that:-

(a) its concerns in relation to access over its land (as set out in 2(a) to

(d) above as far as they relate to that access) can be met; and (b) access over its land is preferable to the alternative accesses

having regard to the matters set out in 2(a) to (h) above.

4. The applicant and Council enter into an agreement documenting the rights and obligations of the parties in relation to the agreed works and the cost thereof.

5. The report to Council submitted with the development application

incorporates the terms of the agreement and seeks the imposition of conditions of approval evidencing the agreement.

Where:

“access road” means the existing road from the development site to the Tunnel Hill water treatment plant and the service track to the delivery mains.

“delivery main” means the main and a 750 diameter steel water delivery main, both of which provide water to the treatment plant from Freshwater Creek Intake.

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“development” means the material change of use of the development site from Rural uses to Low Density Residential uses and reconfiguration by way of subdivision into some 60 lots. “development site” means the land known as “Watson’s Land” adjacent to Tunnel Hill and Freshwater Creek. “main” means the 600 diameter AC water delivery main. “proposed road” means the proposed means of access to the development, the precise location of which is to be determined as set out above, but generally passing along the course of the access road. “treatment plant” means the Tunnel Hill water treatment plant.

INTRODUCTION: Since that original decision the applicant has made a variety of investigations and had a number of meeting with Council staff. The applicants have come to the position where they believe that they are ready to lodge their development application. They have undertaken the studies and believe that the only real option for them in regard to access is from Tunnel Hill and not from across Freshwater Creek. A site plan is attached at the end of this report. They now require Council to sign the relevant application form as the owner of the land.

COMMENT: As a landowner there is no apparent reason why Council could not sign the application form, provided that it is clear that in no way does it fetter Councils power to decide the matter pursuant to the Integrated Planning Act, ie to approve, approve with conditions or refuse.

CONSIDERATIONS: Statutory: It is appropriate for Council to sign an application as the registered proprietor of land. Policy: There are no policy matters relating to such. Financial: The application will not cost Council any money.

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Social: There are no social matters.

CONSULTATION: Executive Management Team.

OPTIONS: 1. Agree to sign the application form 2. Refuse to sign the application form

CONCLUSION: It is reasonable for Council to sign the form as the registered proprietor of the land. P M Tabulo General Manager – City Development

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APPENDIX 1

Watson’s Land

Rock’s

Access

Tunnel Hill

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211


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11 SEPTEMBER 2003

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AUSTRALIAN BUSINESS ARTS FOUNDATION Elizabeth V. Brown : 10/25/1-03: #666112

RECOMMENDATION: Report to be noted.

INTRODUCTION: The Australian Business Arts Foundation (AbaF), an initiative of the Federal Government exists to increase private sector support for the arts. AbaF works with Local Government Authorities to assist in developing the capacities needed to facilitate strategic partnerships between local businesses and arts organisations. AbaF work with Councillors and Council Officers in the delivery of the program. As part of the delivery of the program and to ensure that appropriate networks and partnerships for Council facilities occurs, it is essential that the Councillors are actively involved in the delivery of the program to the business sector. This includes some level of involvement in ‘Business Briefings’ and a ‘Business Arts Exchange’ (mini trade fair). The expectations placed on Councillors are to provide links with their business networks and participate in a Council/Business function (i.e. a breakfast or lunch). An invitation will be extended to all Councillors.

BACKGROUND: At the Arts & Cultural Reference Group meeting on Saturday, 19 July 2003 a general discussion was held regarding bringing to Cairns the AbaF to run the “Councils, Arts and Business” program, a year-long training program aimed at generating Arts/Business Partnerships. A general consensus was reached recommending that the program should be delivered in Cairns and funding sourced through the RADF program over two financial years. The Manager, Community Development and the General Manager, City Development in the capacity of acting Chief Executive Officer have approved this recommendation. AbaF has a successful track record in working with business and arts organisations, assisting them to understand the nature of strategic business arts partnerships, and to acquire the skills needed to secure and manage such relationships.

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Over the last two years AbaF has conducted a skills development program for over 260 representatives of cultural organisations, including organisations of all sizes, from all arts sectors around Australia. Through this program organisations learn how to identify and secure ‘good fit’ business partners, by taking a business case approach. The business case approach recognises that an arts organisation which is a ‘good fit’ with their business partner can provide real benefits to that business in return for financial or in-kind support from their business partner, in the following areas: community relations – goodwill and public image; market advantages – branding, market place differentiation, new markets; and staff advantages – attracting and retaining top staff and fostering their creativity.

COMMENT: Participants in the program, from both the arts and business sectors, came from or are associated with local government. This program will be extremely beneficial for Council’s in-house cultural facilities and the external facilities in which Council supports financially, including: Civic Theatre; Tanks Art Centre (incorporating Graft’n’Arts); Libraries; Friends of the Botanic Gardens and Cairns Regional Gallery. The program will also benefit local key professional arts organisations as well as the smaller grass roots community based organisations that apply to Council’s funding programs on an annual basis. Potential groups to participate in the program are: Cairns Art Society, Cairns Potters Club, Cairns Concert Orchestra, Cairns Youth Orchestra, Kick Arts, JUTE, CoCA, Babinda Taskforce, Cairns & District Junior Eisteddfod, Cairns Little Theatre, Cairns Municipal Band, Strange Little Girl, The Upholstery, Cell Art Space, Cairns Cultural Association and Cairns Woodworkers. In consultation with Council Officers and a number of key organisations, AbaF has developed a 12-month program specifically tailored for Cairns arts organisations, practitioners, businesses, peak industry bodies and associations.

CONSIDERATIONS: Policy: “Creative Cairns – Building Arts & Cultural Industry” commits Council to “Develop and support programs that enable the integration of economic development between facilities, business and community” (7.1.1) and to “develop closer ties between the arts, tourism, business and trade authorities” (7.2). As stated in the policy, strong industry and community links not only promote and enrich creative thinking and quality of life, they create employment and make a significant contribution to the economy. The AbaF program has real potential to generate strong relationships between the arts and business industries.

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Financial: The reference group recommended that $16,000.00 in total be allocated over two financial years from the RADF budget to manage this project. Social: Business generates wealth and jobs that build community. Art generates passion and ideas, which define community. Artists need wealth and jobs. Business needs passion and ideas. A healthy community needs both” (Carrilo Gantner, President Victorian Arts Centre).

CONSULTATION: AbaF staff Arts & Cultural Reference Group Director Regional Gallery Manager Civic Theatre Sales & Marketing Director Civic Theatre Director Kick Arts Artistic Director JUTE Marketing Manager, CoCA Chair Arts Nexus Board Member Arts Nexus Cairns Concert Orchestra State Development Cairns Creative Industries Strategy Group

CONCLUSION: As City leaders, Council actions have impact on the formation and development of cultural industries and partnerships, including the viability of community relationships and values. Investing in arts and cultural activity brings economic value to the city. The AbaF program, inline with Council’s “Creative Cairns – Building Arts & Cultural Industry” has true potential to assist Council’s cultural facilities and those it supports to upgrade their operation skills and decrease their reliance on arts funding.

ATTACHMENTS: Project Delivery: Services AbaF Will Provide to Council. Elizabeth Brown Arts & Cultural Planning & Development Officer Leslie Sparkes Manager, Community Development

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Attachment 1: Project Delivery: Services AbaF Can Provide To Councils

• Planning and review sessions with Council personnel and any other Council nominated community representatives, including at the commencement of the project, mid-project and towards the end of 12 months.

• An Arts Training Workshop for up to 20 arts representatives (with Council Officers

attending) on generating income from the private sector with particular emphasis on a strategic business case approach to partnering with the private sector. Several months later, participants attend a half-day follow-up seminar to further refine their business cases for investment, and develop them to the next stage so that they become a powerful marketing tool.

• Business Briefings for 40 or more business people (with Council Officers

attending), held over two sessions to assist local business people to identify the benefits they can secure through partnerships with local arts organisations and how they would best go about developing partnerships based on a strategic business case approach.

• Two Topic specific workshops (practical, participatory and hands-on sessions) for

representatives of arts organ, covering frequently requested subjects such as Partnership Contracts, Corporate Governance or Managing and Value adding to Partnerships.

• A Business Arts Exchange (mini trade fair) at which representatives of arts

organisations, who participated in the training workshop, present their case for partnerships to interested local business people.

From our experience, AbaF has found it to be important to provide stimulating,

non-threatening environments where businesses interested in supporting arts organisations, can meet with arts representatives, learn about their activities and the benefits they could offer a business partner; as well as to generally explore possible ‘good fit’ partnerships.

Accordingly AbaF has developed several Business Arts Exchange models, and it

is proposed that a mini ‘trade fair’ involve a three hour event in the early evening (e.g. 6.00pm to 9.00pm in which:

- The arts organisations that have completed their business case each make a

brief presentation (e.g. 8 minutes) to an audience of business people. (The audience could include not only the business people who participated in the Briefings but any other interested people).

- Each arts organisation will have a booth in a room adjacent to where the

presentations are taking place, and is available for discussions and negotiations with interested business people during the evening.

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• An AbaF Help Desk for council Officers. - AbaF will provide up to 20 hours of support to council officers throughout the

balance of the initial 12-month project. This will be directed towards providing back up support to officers as they work to assist local arts participants with the further refinement and application of their business cases, in identifying ‘good fit’ partners and in ‘value-adding’ to their existing projects and relationships.

• AbaF Guides for participants in the Workshops and Briefings.

- AbaF will provide copies of Guides for participants in the arts Workshop,

Business Briefings and council Officers’ Workshops, including copies of the ‘The Red Book’, ‘The Blue Book’ and the ‘The Gold Book’ for each participant.

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MANAGEMENT OF COMMUNITY CENTRES AND HALLS T Golding-Clarke: 10/10/1-01: #674278

RECOMMENDATION: That this report be noted.

INTRODUCTION: This report provides information regarding the processes in place to establish management structures for Council owned community centres and halls and the public liability requirements that are currently impacting on existing management groups. In addition, this report explores the potential to utilise the community centres by creating community meeting places in partnership with management committees.

BACKGROUND: Over a period of the past five years Councils community centres and halls have been through a variety of processes to secure a more consistent management structure. Council has fourteen (14) community centres and halls that are operated under the existing community centres and halls policy. These community centres and halls are: • Aloomba Community Hall, • Babinda Community Centre and Kindergarten, • Bellenden Ker Memorial Hall, • Brinsmead Bella Vista Community Centre, • Clifton Beach Community Hall, • Edmonton Playgroup Hall, • Edmonton Pensioners Community Hall, • Gordonvale Community Hall, • Holloway’s Beach Community Hall, • Kewarra Beach Community Hall, • Merriwa Community Hall, • Stratford Community Hall, • Woree Community Hall, and • Yorkeys Knob Community Hall.

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Note: The Woree Community Hall is now operating under a sporting lease and the Clifton Beach Community Hall will also follow suit in the near future and be managed by the Precincts and Facilities Branch.

The current management and operational structure for these facilities is not consistent across the board therefore Councils objective has been to formalise management arrangements and to ensure that all facilities are viable to both Council and the community. A number of management bodies currently operating community halls cannot afford the cost of public liability insurance and are understandably not willing to take on the risk of liability. Therefore an option has been put forth to them regarding becoming volunteers of Council so that they be covered under Councils’ public liability policy. The following process has thus far taken place in partnership with the Precincts and Facilities Branch: • Met with management committees to discuss formal management structures, • Worked with a solicitor to draft a management agreement, • Obtained information on community demand for each facility, • Collated information on maintenance required for each hall, • Recommendations made regarding action required for halls, • Collated information regarding community demand for usage of facilities, • Met with existing management bodies to talk about public liability, • Researched other avenues to examine a more management friendly structure for

existing management bodies that cannot afford public liability. (This does not include halls managed by Precincts and Facilities),

• Proposed that management committee members become volunteers of Council via the official Council volunteer program as a way of addressing the public liability issue. (Not including those managed by Precincts and Facilities),

• Drafted a community hall volunteer package, a management information package and a simplified risk management package, and

• Consulted with existing management groups to determine the level of need for them to remain incorporated.

The next step in the process will include assisting management groups to make decisions regarding the option of becoming volunteers of Council and whether that means that they would want to continue their incorporation status. If committees choose to discontinue their incorporation they will no longer be in the position to manage money therefore a system within Council would have to be put in place. Discussion with committees regarding the prospect of Council managing their funds has proven to be unfavourable due to those with substantial sinking funds being concerned about the loss of ownership over their money. A financial system that allows the use of project numbers for individual sinking funds will be investigated. This hopefully will remedy some of the concerns.

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CONSIDERATIONS: Statutory: Nil Policy: The Community Centres and Halls policy, adopted by Council on 03/05/01 has never been properly implemented due to concerns regarding Public Liability. The current policy must be reviewed due to impacts from the recently passed Civil Liability Bill 2003. Financial: A total of $73,275 is required to meet current maintenance requirements for the community halls (based on estimated costs provided by Technical Support Services Branch). Technical Support Services estimates $35,000+ is required on an annual basis to meet the maintenance requirements. The current financial year budget has $33,000 allocated. Social: Localised community facilities are an integral part of suburban well-being. Consultations with management bodies and community members have proven to be fruitful in determining the viability of the halls especially in terms of their value to the community. Negotiations will take place to form strategic partnerships between management bodies and officers from Community Development to ensure that the halls are utilised in a manner that creates a sense of well being and develops community capacity. A further report will be sent to Council on the development of utilising community centres and halls to become “community hubs” that are welcoming and accessible.

CONSULTATION: Precincts and Facilities Management Committees Community members Technical Support Services CONCLUSION: It is important that whatever processes are put in place that the management bodies, who are community members that are volunteering their time, be offered a management friendly structure that does not put them in a position of financial or legal risk.

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It is proposed that the management committee status be sorted out by the end of October and management committees will be offered the opportunity to give up their incorporation status and become volunteers of council or that management agreements be signed with committees that wish to remain incorporated. Terri Golding-Clarke Team Leader Leslie Sparkes Manager, Community Development

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DELEGATION OF AUTHORITY TO THE CHIEF EXECUTIVE OFFICER – SECTION 22 – HEALTH ACT 1937 Laurie Phipps: 18/25/1: #670526

RECOMMENDATION: That pursuant to Section 472 of The Local Government Act 1993, Council resolves to delegate to the Chief Executive Officer the power under Section 22 (1) of the Health Act 1937 to appoint an Inspector for the due execution of the provisions of the Health Act and the Regulations.

BACKGROUND: In recent times a number of changes have been made to health related legislation. In order to ensure that these changes are properly reflected in the delegated powers of authorised officers, a review of Council’s authorisations and delegations has been undertaken in respect to the Food Act 1981.

COMMENT: This review identified that a complete revision of the existing instruments needed to occur. Consequently new instruments have now been drafted, however, in order for these instruments to be of any effect, Council must first resolve to delegate to the Chief Executive Officer, its power under Section 22(1) of the Health Act 1937 to appoint inspectors. Once Council has resolved to delegate this power, the Chief Executive Officer may then appoint suitably qualified persons. The effect of being appointed an inspector under Section 22(1) of the Health Act 1937 is as follows: 1. The appointee is an inspector for the purposes of the Health Act and regulations

except in the exercise of provisions contained in Part 4, divisions 1, 2, 3, 6 and 10 and regulations made under these provisions and Part 4A.

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2. The appointee is an authorised person for the purposes of the Food Act 1981.

e.g. Food Act 1981.

Among other things, an authorised officer can: • Enter premises where food is being sold or handled to make investigations

and to carry out inspections to ensure the Food Act is being complied with. • Take or remove any articles or samples of articles. • Open or order any containers or packages to be opened. • Require persons to produce licences, registrations etc. • Question persons to see if the Act is being complied with. • Take photographs or films. • Stop detain and search any vehicle used for transporting foods or food

related articles. • Exercise such other powers or authorities and discharge other functions or

duties as are prescribed.

CONSIDERATIONS: Statutory: The delegation authority has been drafted in accordance with the requirements of the Local Government Act 1993 and the Food Act 1981. Policy: The proposed delegation is in accordance with the Corporate Plan objective of access to open accountable decision making in a consistent and congruent manner. Financial: There are no financial implications. Social: No applicable.

CONSULTATION: The Local Laws officer and Manager Legal and Administration have assisted with this exercise.

OPTIONS: Council should resolve to delegate to the Chief Executive Officer the power under Section 22(1) of the Health Act 1937 in the interests of good governance.

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CONCLUSION: Council should resolve to delegate to the Chief Executive Officer the power under Section 22(1) of the Health Act 1937 in the interests of good governance.

ATTACHMENTS: Nil Laurie Phipps Manager – Environmental Assessment Peter Tabulo General Manager – City Development

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ACCESS POLICY Terri Golding-Clarke: 1/59/13-01: #634848

RECOMMENDATION: That the amended Access Policy be adopted by Council.

INTRODUCTION: The Access policy has been reviewed as part of a process to review all Council policies. The amended Policy states a clear and strategic process that supports Councils intention regarding equitable access.

BACKGROUND: The original Access policy was endorsed by Council on the 18 August 1997. The original policy, although written with the best of intentions, had no budget allocation and was developed without consultation in the areas of Council that it would potentially impact upon. Therefore the policy was revised with the appropriate consultation from other departments. The amendments made to this policy ensure that it offers realistic and achievable outcomes.

COMMENT: In the original policy, there was no provision as to how an Access Reference Group would be formed or what role they would play. Council has adopted guidelines for the formation of reference groups and these guidelines would be followed in the establishment of this group. It is envisioned that this group would meet quarterly to bring to the table issues about access such as curbing, slopes of footpaths, and other issues which make the act of getting around Cairns or accessing Council services difficult for someone. Once Council adopts an Access policy, an official strategy can be put in place to ensure that all obligatory actions are implemented.

CONSIDERATIONS: Statutory: None

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Policy: There is no policy that states that Local Government is under obligation to have an Access policy. Financial: None. Social: The Access Policy informs the Community of Councils intention to ensure that all residents and visitors to the City have equitable access to Council services and facilities. Residents and services affected by access issues hold an expectation that Council supports the equitable usage of Council services and facilities.

CONSULTATION: Manager, Human Resources Dept. of Disability Services. Qld. Manager, Technical Support Services

OPTIONS: Council decides not to adopt the amended policy

CONCLUSION: The amended Access Policy identifies a clear guide regarding Councils direction to all stakeholders of Council facilities and services. In addition, it ensures that the future development of Cairns is in line with obligatory legislation.

ATTACHMENTS: Amended Access Policy. Terri Golding-Clarke Team Leader Community and Cultural Development Leslie Sparkes Manager Community Development

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Attachment 1: Access Policy

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ROADSIDE VENDING Laurie Phipps: 18/25/1: 673287 v2

RECOMMENDATION: That in principle Council resolve: - 1. That all applications for Roadside Vending Permit be a decision of Council. 2. Council administer all Roadside Vending activities on Council and State

controlled roads. 3. All Roadside Vending Applications on State controlled roads be sent to

Department of Main Roads for advice before any decision is made. 4. The Department of Main Roads information on Roadside Vending is used as

Guidelines for location of Roadside Vending activities. 5. That a policy will be drafted that will address the following in this matter.

Policy:

• Nature of goods to be sold. • Length of stay. • Traffic safety. • Health conditions –

Food Facilities.

6. That the implementation of the above shall not commence until a further

report is presented to Council confirming the policy.

BACKGROUND: The practice of roadside vendors has been an issue for many years. Staff have been requested to investigate Councils’ Policy in relation to Roadside Vending. Local Law 22 “Activities on Roads” requires an approval from Council to conduct this type of active on a road.

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In May 2000 Council considered a Report in relation to Roadside Vending Policy/Service Agreement between Cairns City Council and the Department of Main Roads. Council resolved to enter into a Service Agreement with the Department of Main Roads, however the Brisbane Office of Main Roads did not ratify the Agreement. Complaints have been received from the public about the location of roadside vending. It is now considered reasonable for Council to take a much greater role in the policing and approving of roadside vendors. Roadside vendors that would be applicable to these requirements would range from the itinerant pie vendor, the farmer selling surplus produce, flower vans and semi commercial fruit and vegetable businesses, to give some examples.

COMMENT: Commercial Equity. There has been public debate on this matter for some time. Small businesses are generally against the practice of issuing permits for roadside vending, on the basis that they pay rent or rates for their property and employ staff to work in that shop, where as the roadside vendor has a vehicle (and its costs) and only has himself/herself to maintain. The general public has a different view being that they have a choice as to where they purchase their produce at cheaper prices, or on the expectation that the produce is locally grown. Such is not always the case. Power to Approve Up until recently there has been confusion about the authority for Council to regulate activities on State Controlled roads, where most of the roadside vending occurs due to high volumes of passing traffic. Council, as Road Authority under S.901of the “Local Government Act 1993”, has a general power for “Regulation of use of Roads” which gives it the power to make Local Laws which set up an express regulatory regime in relation to the use of roads. Also the Council’s power to make a Local Law pertaining to Roadside Vending comes from the “Transport Operations (Road Use Management) Act 1995 Section 66 (3)”. A Local Government may make Local Laws with respect to the following matters:-

(d) The Regulation of Roadside Vending: Council has done this in Local Law 22 by requiring an approval for “conducting any commercial activity from a standing vehicle or stall on a road including itinerant vehicles”.

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The Department of Main Roads have a “Roadside Vending Policy for State Controlled Roads in Queensland”. As part of the Policy they advise that the Department of Main Roads will only permit roadside vending if the Council allows such to occur. After a check of all Councils’ Local Law it was found that all 125 Councils in Queensland have a Local Law permitting the “Commercial Use of Roads”. The Department of Main Roads is very keen to hand the issuing of Licences of all roadside vending to Council. There is no transitional arrangement necessary, as Main Roads Department have not issued licences this financial year. Impact on Council Council currently has set the permit fees for roadside vending as follows:- C.B.D. (Council approval required) $4,900-00 per year All other areas $ 800-00 per year These fees are prorated for a seasonal permit. By comparison, for a small pie or fruit shop in a strata titled shopping complex within the inner city boundary would pay approximately $840-00, in Council rates and charges, but there would be no similar licence fee (there maybe Health fees in some circumstances). However the rent paid by smaller shops operating from shopping centres is considerably higher than the fees paid by a roadside vendor. There will be additional involvement by Council staff in both the assessment of the applications and also the enforcement of the conditions. The following matters should be considered when assessing the Application:- • Applications are made to Council to be in writing on the approved form. • Council will consult with the Department of Main Roads as an advice Agency for

any application on State Roads. • The Department of Main Roads document “Self Assessment Guidelines for

Roadside Stall Locations” (Appendix 1) is used for assessment of the location. • Applicants wishing to conduct a roadside vending business to be made aware of the

safety and technical considerations used to assess their application in order to minimise the risk of injury to passing traffic and pedestrians.

• Facilities for use by operators or arrangements for facilities for operations. • All applications for roadside vending to be a Council decision by resolution. This will

allow Council to place conditions on the Licence or refuse the application. Most of the activities occur either late in the afternoons or over the weekends. Council staff will be on a rostered basis to check on compliance and address matters of non-compliance when they arise.

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CONSULTATION: Department of Main Roads

CONCLUSION: There is no doubt about Council’s power to take steps to control the activities on roads. The first decision that needs to be taken is, whether to regulate the activity by allowing it, subject to obtaining a Council Permit and compliance with conditions imposed on that Permit to ensure that the particular location, scale and nature of the activity does not constitute a traffic hazard and the safety of people using the road reserve is not compromised. The present system of Council licensing Council controlled roads and the Department of Mains Roads permitting State controlled roads is inefficient and ineffective in policing this activity, the Department of Mains Roads concurs. With Council administrating all roadside vending, Local Laws Inspectors can enforce permit conditions. At present there is a total of fifteen (15) Council and Department of Mains Roads Permits. (Appendix 2)

ATTACHMENTS: Appendix 1 – “Self Assessment Guidelines for Roadside Stall Locations” Appendix 2 – Comparison of Cairns City Council and Department of Main Roads Permits. Laurie Phipps Manager – Environmental Assessment Peter Tabulo General Manager – City Development

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APPENDIX 1

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APPENDIX 2

LIST OF ROADSIDE VENDORS

CAIRNS CITY COUNCIL 1 – Hot Dog Cove - Palm Cove Wharf Car Park, Palm Cove 1 – Eskimo Roys – Outside PJ O’Briens, 87 Lake Street, Cairns 1 – Pie Van – Cnr Norman & Gordon Streets, Gordonvale 1 – Cairns Hot Dogs – Outside 28 & 30 Spence Street, Cairns 1 – Standing Stall Site No.2 – Aeroglen Drive, Aeroglen 1 – Yellow Submarine – Outside Troppos Nightclub, 77 Lake Street,

Cairns 1 – Chappies Snacks – Aumuller Street, Cairns 1 – Paradise Fruit & Vegetables – Captain Cook Highway, Smithfield 1 – Standing Stall Site No.3 – Outside Barlow Park, Portsmith

MAIN ROADS DEPARTMENT

2 – Fruit Stalls – Captain Cook Highway, Smithfield 1 – Fruit Stalls – Captain Cook Highway, Aeroglen 1 – Flower Stall – Captain Cook Highway, Aeroglen 1 – Fruit Stall – Kamerunga Road, Caravonica

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COMPENSATION CLAIMS & APPEALS – AUGUST 2003 Nikki Huddy: 1/59/2-01 : #536015 V12

RECOMMENDATION: That the report be noted. Attached is an updated list of compensation claims and planning appeals currently with Council. Nikki Huddy Manager City Assessment

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CAIRNS CITY COUNCIL

APPEALS / OTHER MATTERS MACDONNELLS LIST

AS AT 4/8/2003 Description Applicant Comment Solicitor Appeal No. 31 of 1997 Catalano Road, Goldsborough. Appeal against conditions imposed on Council’s approval of subdivision application.

WER Developments Pty. Ltd. Council engaged in discussions with C & B Consultants. Applicants are likely to make further progress towards settling the matter some time this year.

MacDonnells

Appeal No. 25 of 1999 Upper Stanton Road, Smithfield. Appeal against conditions.

Donald Keith Davis Council continuing “without prejudice” discussions. Parties have discussed conditions and Council has advised of conditions it is prepared to settle on and is in further discussions with the applicant.

MacDonnells

Supreme Court No. 154 of 1998

Cairns Earthmoving Contractors Pty Ltd

MacDonnells on behalf of Council made an offer to settle the whole of the claim, together with interest. MacDonnells has received advice from the insurer’s solicitors that LGM will indemnify Council in respect of any damages awarded against Council for negligence, subject to conditions. Offer has been accepted on behalf of Council. Parties are currently undertaking inspection of documents. Meeting held with insurer’s solicitors to discuss proposed amendments to pleadings. Third party proceedings on hold for a month. Amended Defence filed in the Supreme Court on 20/6/03. Faxes sent to Sinclair Knight Merz & Flanagan Consulting Group querying basis for calculation of developer contributions set out in reports.

MacDonnells

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Supreme Court No. 77 of 1999

Vamgold Pty Ltd MacDonnells on behalf of Council made an offer to settle the whole of the claim, together with interest. MacDonnells has received advice from the insurer’s solicitors that LGM will indemnify Council in respect of any damages awarded against Council for negligence, subject to conditions. Offer has been accepted on behalf of Council. Parties are currently undertaking inspection of documents. Applicant’s appeal period has expired & orig Decision Notice stands. Council to elect whether to extend approval or refuse. Amended Defence filed in Supreme Court on 20/6/03.

MacDonnells

Supreme Court Appeal No. 26 of 2000

Middin Pty Ltd Action by Council for specific performance of a contract and counterclaim against Council for declaration that the contract is void and/or damages for breach of contract. Council’s amended Reply & Answer to the Defence & Counterclaim was settled by Counsel on 22/4/03 & has now been lodged for filing. MacDonnells have requested Middin provide further particulars of certain matters pleaded in the Amended Defence. The next step to be taken by both parties is further disclosure of documents arising out of the amended pleadings. Disclosure is due by 21/5/03. Council’s insurer has been updated as to these matters. Counsel has been briefed (at the insurer’s request) to advise on liability.

MacDonnells

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Appeal No. 3 of 2001 Application for Modification of Conditions 63-67 Spence St / 38-40 Sheridan St, Cairns

Colin Grofski Application for modification of condition 20 lodged with the Court. Appellant’s solicitors advised of acceptance of conditions upon which Council is willing to discontinue opposition to application on a without prejudice basis. Revised Consent Order received from Appellant’s solicitors. MacDonnells advised that draft Order is satisfactory to Council.

Appeal No. 9 of 2001 Material Change of Use (Brothel) 12 Cava Close, Bungalow.

Grant The matter was heard on 27 August 2003. The Judge in his preliminary statement advised that the appellant has provided limited evidence on which to consider approving the brothel. The Judge has reserved his decision in this matter. It is noted that Section 4.1.50 of the IPA provides that the applicant has the onus to establish that the appeal should be upheld. .

MacDonnells

Appeal No. 18 of 2001 Material Change of Use (Safari Tents, Camping Ground and other facilities) – Land situated at Lower Freshwater Road, Freshwater

Browning Proceedings discontinued. MacDonnells

Appeal No. 32 of 2001 Material Change of Use (Educational Facility) at Deppeler Road, Edmonton.

Peter Bosanquet Entry of Appearance filed on behalf of Council. Callover held on 14/1/03. Matter was adjourned until next callover.

MacDonnells

Appeal No. 4306 of 2001

Scott Browning & Thomas Sargent Appeal placed on hold. It is understood that Browning’s solicitors will seek instructions to discontinue the appeal. Notice of discontinuance filed. Matter considered to be closed.

MacDonnells

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Appeal No. 2 of 2002 Captain Cook Highway, Palm Cove

Daikyo Pty Ltd Appeal against certain conditions imposed on a MCU & reconfiguring of a lot on land at Captain Cook Highway, Palm Cove. Draft Consent Order prepared and approved by Council on 24/7/03. Consent Order executed on 25 August 2003.

MacDonnells

Appeal No. 472 of 2002 Reconfiguration of land into 17 lots on Captain Cook Highway, Palm Cove.

Bernhard Graf Appeal against Assessment Manager’s Condition 3 & Concurrence Agency Conditions 2 & 5 relating to construction & dedication of connection road, road traffic noise & visual treatment. Appellant has requested Council’s preliminary position on whether Council would oppose an application for the development to proceed while the appeal is being determined. Appellant has not made an application for this yet. MacDonnells requested in January that the Appellant identify the basis on which it believes that the development can proceed without the matter having gone to hearing. Appellant’s agent is yet to respond. At the callover on 15/7/03 the Appellant’s Solicitor advised that they may seek a directions hearing (on 25/7/03). They are to advise once an application for the hearing is made.

MacDonnells

Appeal No. D474 of 2002 Reconfiguration of a lot into one residential lot plus balance lot at Illawarra Street, Caravonica.

Red Peak Forest Estate Pty Ltd Appeal against Condition 8 – Drainage Contributions. Appellant’s Solicitor sought an order that Appeals No. 474/02 & 4988/02 be heard together. Council consented to the joint hearing of both appeals. Application set down for directions hearing on 23/7/03. On behalf of Council, an order for further & better particulars was made. A response to the request for further and better particulars has been received.

MacDonnells

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Appeal No. 569 of 2002 Operational works (clearing of native vegetation on freehold land) at Captain Cook Highway, Palm Cove.

Balatox Pty Ltd Appeal against DNR’s refusal of the application. Council is taking the running of the Appeal on behalf of the appellant, as Council has its own concerns & issues in respect to the refusal. Without prejudice conference between parties held on 22/7/03 in Brisbane. Appeal settled on 20 August 2003. Consent order included necessary road concession, conferring an approval valid for four years. The parties are to bear their own costs of and incidental to the appeal.

MacDonnells

Appeal No. 582 of 2002 State 5 & 6 Rainforest Rise – failure to comply with development permit conditions and operational work permit conditions.

Richardson Plant Hire Pty Ltd & Sinclair Knight Merz

Originating application filed on 4/12/02. Mention held on 12/12/02 - agreed for matter to be adjourned to a date to be fixed. The site has been stabilised and the matter is the subject of ongoing negotiations with the developer. Files returned to Council on 18/3/03. Applicant requested that Council consider an application to amend the planning approval.

MacDonnells

Appeal No. 4988 of 2002

Red Peak Forest Estate Pty Ltd Application for development permit for the MCU - commercial facility incorporating local store & catering shop (coffee shop) & development of 2 offices (commercial premises /service industry & medical centre) & caretaker’s residence for land situated at Fig Tree Dr & Impey St, Caravonica. Appeal against Condition 5 (carparking & access requirements), 16 (drainage easement (Q100 inundation)) & 18 (drainage contributions). Matter to be heard together with Appeal D474 of 2002. Application set down for directions hearing on 23/7/03. On behalf of Council, an order for further & better particulars was made.

MacDonnells

253


Appeal No. 168 of 2003 Stephen Graham 34 Kewarra Street, Kewarra Beach.

Appeal against refusal of application for material change of use. Application for the development of a boutique motel. Entry of Appearance filed on behalf of Council. Report to Council 28th August 2003, with request to consider a 3 bedroom Bed & Breakfast.

King & Co

Appeal No. 209 of 2003 Bernhard Graf Captain Cook Highway, Palm Cove Appeal against Concurrence Agency conditions 2, 3 & 5 imposed in the Preliminary Approval. Appellant’s Solicitors seeking Council consent to an application for commencement of works on a without prejudice basis. MacDonnells requested that Appellant provide grounds supporting application for development permit for operational works. The Applicant’s solicitors have sought an adjournment of the hearing and requested a ‘without prejudice’ meeting be held.

MacDonnells

Appeal No. 210 of 2003 Bernhard Graf Captain Cook Highway, Palm Cove Appeal against Assessment Manager Condition 13 – Street Layout & Design, & Concurrence Agency conditions 2, 3 & 5 relating to the construction & dedication of connecting road, land requirements for future road purposes, & traffic noise & visual treatment. Appellant’s Solicitors seeking Council consent to an application for commencement of works on a without prejudice basis. MacD requested that Appellant provide grounds supporting application for development permit for operational works. The Applicant’s solicitors have sought an adjournment of the hearing and requested a ‘without prejudice’ meeting be held.

MacDonnells

254



11 SEPTEMBER 2003

27

CITY DEVELOPMENT – AUGUST 2003 MONTHLY REPORT Peter Tabulo:SDS : 1/3/83 658824V2

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

255


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, Health, Local Laws and Community Development.

Officer Responsible

General Manager City Development

On Target Operating Initiative Status Corporate

Plan Link Due Date Complete

(enter %) Yes (enter √)

No * (enter X)

Nil

Performance Target Assessment (3 = Satisfactory, 2 = Marginal, 1 = Unsatisfactory)

Performance Rating:

3

Variance Report Nil. There is to be quarterly tracking on this measure.

No. of Divisional Operating Initiatives Completed

048

12162024

1st Qtr 2nd Qtr 3rd Qtr 4th Qtr

Initiatives plannedto be completedActual InitiativesCompletedTarget 95%

Corporate Plan Link: Services and Infrastructure

Prospective Actions Nil

Performance Rating:

3

Variance Report Revenue is increased across the Division due to the strength of the development activity. Also the receipt of grant funding has contributed.

Divisional Operating Budget Performance

-10%0%

10%20%30%40%50%60%70%80%

% u

nder

or o

ver b

udge

t

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Revenue Expenditure

Rev tolerance range 0 to +2% Exp tolerance range 0 to -5%

Corporate Plan Link: Financial Management

Prospective Actions Pursue action through GMs.

256


Operating Divisional Budget Assessment:

YTD Actual ($)

YTD Budget Revised

($)

Var ($) Var (%) Variance Report & Prospective Actions

(where variance is +/- 2%)

Revenue 1,037,154 597,188 439,966 74% • FAVOURABLE • Reasons: Increase in development

activity. Received Grant funding. • Implications / Actions: Minimal

implications for Council at this stage.

Expenditure 1,584,196 1,923,445 339,250 18%

• FAVOURABLE • Expenses are in line with the start

of the year. • Implications / Actions: Minimal


Operating Budget Assessment: General Manager City Development

YTD Actual ($)

YTD Budget Revised

($)



Revenue Nil 5,362 (5,362) 100 • UnFAVOURABLE • Reasons: Income from FNQROC

not yet received. • Implications / Actions: Minimal


Expenditure 79,198 102,251 23,052 23

• FAVOURABLE • Expenses are in line with the start

of the year. • Implications / Actions: Minimal


257


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; To ensure 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 service 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.




No * (enter X)

1. Review market analysis, Dec 03 & 04.

FIN1, FIN2, SER2

Dec 03 NIL √

2. Implement promotional plan.

FIN2 Dec 03 5% √

3. Implement client service plan. Review plan, Dec 03 and June 04.

COR1, COR2, COR5, COR7

June 04 5% √

4. Implement process and workflow plan. Review plan Dec 03 and June 04.

FIN1, FIN5, COR2, COR5, COR6, COR7

Dec 03 5% √

* Variance Report for Initiatives not on target: Nil * Prospective Actions for Initiatives not on target: Nil

258



Performance Rating:

3

Variance Report Increase in Applications due to increase development activity

Building Applications

050

100150200250300350400


No

of A

ppro

vals

Dwelling Other Commercial 2002-03 Total

Corporate Plan Link: SGD1

Prospective Actions Budget 2600 to be combined with 01.2700.2500 in November Review.

Operating Budget Assessment:

YTD Actual ($)

YTD Budget Revised

($)



Revenue 67,859 56,543 11,316 20% • FAVOURABLE • Reasons: Increased development

activity • Implications / Actions: Budget to

be combined with 01.2700.2500 November Review.

Expenditure 60,224 92,496 32,272 35% • FAVOURABLE

• Reasons: Salaries Reduced x 2 staff members (1xSick Leave 1 x Resigned)

• Implications / Actions: Budget to be combined with 01.2700.2500 November Review.

259


SUB PROGRAM City Assessment [CE] ACTIVITY City Assessment – General Administration [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

Staffing Level (FTE) 3

On Target Operating Initiative Status Corporate Plan Link

Due Date Complete (enter %) Yes

(enter ) No *

(enter X)

1. To develop and maintain a mail list of clients.

COR2 December 100%

2. To collate monthly statistics on applications received and assessed and report to the Branch

CUS1 Monthly 10%

3. To undertake a review of the Council website and ensure that copies of all relevant strategic land use planning policies are readily available on-line

COR2 September 15%


260


Performance Target Assessment (3 = Satisfactory, 2 = Marginal, 1 = Unsatisfactory) PERFORMANCE TARGETS:

INDICATOR

TARGET SOURCE OF DATA REPORTING FREQUENCY

Time taken to issue Planning and Development Certificates

95% to be issued within the statutory timeframe.

PC Docs Statistics Monthly

Performance Rating:

2

Variance Report Of the 23 planning certificates issued in the month, 10 were not responded to within the statutory timeline of 5 days.

Planning Certificate Response Time (Target 5 days*)*note target time is between 5 and 30 business days depending on type of inquiry

26

13

3

10

0

5

10

15

20

25

30

35

July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

Month

No.

Res

pond

ed T

o

within target time outside target time

Corporate Plan Link: CUS – Customer and Community

Prospective Actions Monitor the receipt of this form of inquiry, with a view to responding as soon as possible.


YTD Actual ($)

YTD Budget Revised

($)



Revenue 7,803 8,583 (781) (9)% • UNFAVOURABLE • Reasons: Revenue is slightly lower

than expected this month. The number of applications received is not within the control of the branch.

• Implications / Actions: The actuall dollar difference, at $781 does not critically influence the budget.


• Reasons: Expenditure is lower than expected.

• Implications / Actions: No changes proposed at this time.

261


ACTIVITY: Development Assessment [CEC]

Aim

To provide certainty for the development industry and the community through consistency in approach and outcomes.

Level of Service Services associated with timely and appropriate processing of :- • Material Change of Use (Impact Assessment) applications; • Material Change of Use (Code Assessment) applications; • Reconfiguration applications; • Combined Applications; • Pre-lodgement enquiries; • Planning Certificates; • Items reported to Council.

Officer Responsible




(enter %) Yes (enter )

No * (enter X)

1. CairnsPlan Implementation – engage a new planning officer to respond to needs associated with the CairnsPlan.

SGD1 August 100%

2. Workshop/Training Forums in conjunction with Strategic Planning

SGD1 October 5%

3. CairnsPlan testing

SGD1 October 15%

4. Establish an audit/inspection program for all Material Change of Use Development Permits issued by Council between 30 March 1998 and 30 March 2000

SGD1 December 80%

5. Develop and maintain the Developer Contribution Register

FIN1 Ongoing Ongoing

6. Prepare CairnsPlan user guides

SGD1 January 5%

7. Preparation of a Hillslopes Development Kit

SGD1 January 5%

8. New training initiatives with Customer Service

COR6 Ongoing 50%


262



Performance Rating:

3

Variance Report For comparison a benchmark for previous financial years has been averaging the total number of MCU, Reconfiguring a lot and Combined applications received and dividing the number by 12. The figures for this financial year reflect the figures received for the month (not averaged).

Comparison Planning Applications per Month by Year

25

21

0

5

10

15

20

25

30


Month

Num

ber o

f App

licat

ions

00 / 01 Av. 01 / 02 Av. 02 / 03 Av. 03 / 04 .

Corporate Plan Link: SGD – Sustainable Growth and Development


Performance Rating:

2

Variance Report Of the 15 pre-lodgement enquiries received in the month, 8 were responded to within 8 working days. The number of enquries responded to this month, is above the average from last year.

Pre-lodgement Enquiry Response Time (Target 8 days)

0

5

10

15

20

25

30

35


Month

No.

Res

pond

ed T

o

< 8 days > 8 days '02 average replied to / month

Prospective Actions Monitor the receipt of this form of inquiry, with a view to responding as soon as possible.

263


Corporate Plan Link: CUS – Customer and Community There is no statutory time frame for this service.

264


Performance Rating:

2

Variance Report Of the 24 Acknowledgment notices issued, 13 were issued within 7 Business Days, while the remaining 11 were issued within the Statutory 10 Business Days.

Time Taken to Issue Acknowledgement Notices

0

5

10

15

20

25

30


Month

Num

ber

< 7 Days > 7 Days

Corporate Plan Link: CUS – Customer and Community

Prospective Actions This item is an administrative item and is best managed at Branch level. It is proposed to remove this measure from the monthly reporting at the 3 monthly review.

Performance Rating:

3

Variance Report Nil

Indicator: Time taken to arrive at IDAS related decisions Target: Consider 75% of applications within 20 Business Days and 100% of applications within the Decision Making Period. Reporting Frequency: Monthly Performance Assessment: 7 extension of time notices were issued this month. The assessment period is subject to a number of outside influences, including requests from the State Governement and Applicant. It is the aim of the branch to assess all application within 20 business days.


Prospective Actions Monitor this item with a view to reducing the number of extensions of time issued each month.

265


Performance Rating:

2

Variance Report 2 of the 38 applications considered by Council in August, were applications that had previously been considered by Council, and are therefore considered to be re-work. The reasons behind the re-consideration by Council may include: • Applicant initiated

changes, • Councilllor initiated

changes, • Deferral by Council, Changes required to conditions included by Planners.

Indicator: Level of re-work Target: No additional reports to be submitted to Council for amendments to development applcaitons.

Reports to Meeting including Re-work

24

38

5

2

0

5

10

15

20

25

30

35

40

45


Month

Num

ber

New applications Rework



266



YTD Actual ($)

YTD Budget Revised

($)



Revenue 87,327 68,998 18,329 27% • FAVOURABLE • Reasons: Revenue is higher than

expected, this is also reflected in the number of applications received this month

• Implications / Actions: Nil

Expenditure 60,972 64,228 3,256 5% • FAVOURABLE • Reasons: on track • Implications / Actions: Nil

267


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 Service associated with timely and appropriate processing of : • Operational Works application; • Local Law applications; • Survey Plans; • Building Format Plans; • Flood Searches.

Officer Responsible





No * (enter X)

1. Facilitate an Erosion and Sediment Control Training/Workshop.

COR7 February 5%

2. Affiliate and promote Land for Wildlife SGD2 June 0% 3. Undertake stage 3 4 of the Rural Road

Addressing Program. COR2 October 5%

4. Implement quarterly inspection program for all Extractive Industry sites.

SGD2 October 0%

5. Prepare Brochures on the Landscape Guidelines for Footpaths.

SGD1 June 80%

6. Maintain the Developer Contribution Calculator Quarterly.

SER3 Ongoing 0%

7. Report on the number of lots & parkland developed by locality/division on a monthly basis.

FIN1 Ongoing 0%

268



Performance Rating:

3

Variance Report For comparison a benchmark for previous financial years has been obtained by taking the total number of Operational Works Decisions issued and dividing the number by 12. The figures for this financial year reflect the Decisions issued for the month (not averaged).

Comparison of Operational Works Decisions per Month by Year

5

4

0

1

2

3

4

5

6


Number

Mon

th

00 / 01 Av. 01 / 02 Av. 02 / 03 Av. 03 / 04.




YTD Actual ($)

YTD Budget Revised

($)



Revenue 113,131 56,180 56,951 101% • FAVOURABLE • Reasons: There has been a higher

than expected influx of applications for Checking of Engineering Drawings, which has resulted in the higher than expected income for this month.

• Implications / Actions: The number of applications is subject to seasonal fluctuations, and at this time developers are keen to undertake works before the commencment of the wet season. In order to process the applications within statutory time frames, some applications are being given to consultants to assess.


• Reasons: within budget • Implications / Actions: Nil

269


ACTIVITY: Strategic Land Use Planning [CEF]

Aim

To ensure that community desires, Council’s objectives, and legislative requirements are reflected in strategic plans, the CairnsPlan in liaison with Government and agencies.

Level of Service • Identification and preparation of strategic plans, adopted by Council, to ensure sustainable and co-ordinated urban development.

• Maintain the Development Manual.

Officer Responsible





No * (enter X)

To complete the following projects by June 04: • CairnsPlan Consultancy • CairnsPlan Public Consultation &

Implementation • CairnsPlan printing/Design • Review of Local Area Open Space

management Plan & land valuations • State of the Environment reporting • Development of a Heritage Information Kit

for landowners • Barron River Integrated Catchment

Management Association Precept • Development of Cairns Style’ brochures • Resident information kits – specialised to

suburb/locality • Undertake an audit of all developer

contributions unpaid for development applications between march 1998 and June 2003

• Develop the credits register for agreements, within the existing Developer Contributions register

SGD1 June 10%

* Variance Report for Initiatives not on target: With the exception of Cairnsplan all other initiatives are reported quarterly. * Prospective Actions for Initiatives not on target: Nil

270



Performance Rating:

3

Variance Report Nil

Indicator: Completion of Projects Target: To complte all projects within budget and

timeframes Reporting Frequency: Quarterly Performance Assessment: On track




YTD Actual ($)

YTD Budget Revised

($)



Revenue 0 0 0 0 • No comment required

Expenditure 5,147 67,988 62,851 92% • FAVOURABLE • Reasons: Invoices for the projects

have not been received at this time • Implications / Actions: Nil

271


ACTIVITY: Building Regulation [CGA]

Aim

To provide building regulatory services to met State and Local legislative requirements.

Level of Service • Ensure compliance of building work with Local Laws and State legislation. • Maintain records of all building work.

Officer Responsible

Manager Environmental Assessment




No * (enter X)

1 Carry out assessments and collate statistical information within the Legislative time frame.

COR2 June 2004 8%

2. Develop scheduled Flammable & Combustible inspection & electronic licensing system.

SGD1 June 2004 8%

3. Assessment of compliance applications for Budget Accommodation & Residential Services (Accreditation).

SGD1 June 2004 8%

4. Assessment of preliminary applications for building work.

SGD1 June 2004 8%

* Variance Report for Initiatives not on target: Nil * Prospective Actions for Initiatives not on target: Nil Performance Target Assessment (3 = Satisfactory, 2 = Marginal, 1 = Unsatisfactory)

Performance Rating:

3

Variance Report Increase due to development activity

Building "Permit" Searches(monitor against previous year stats)

05

10152025303540


2003-04 2002-03 Averaged



272


Performance Rating:

3

Variance Report Reflects activity in the month

Building "Compliance" Searches(monitor against previous year stats)

05

10152025303540


2003-04 2002-03 Averaged



Performance Rating:

3

Variance Report Increased development activity

Building "Original Date & Cost" Searches(monitor against previous year stats)

05

10152025303540


2003-04 2002-03 Averaged



Performance Rating:

3


Building "Certificate of Classification" Requests(monitor against previous year stats)

05

10152025303540


2003-04 2002-03 Averaged



273


Performance Rating:

3


Building Plan Requests(monitor against previous year stats)

0

10

20

30

40

50

60


2003-04 2002-03 Averaged



Performance Rating:

3


Building Complaints(monitor against previous year stats)

05

10152025303540


2003-04 2002-03 Averaged



Performance Rating:

3


Building "Siting" Applications(monitor against previous year stats)

05

10152025303540


2003-04 2002-03 Averaged



274


Performance Rating:

3


Building "Asthetics & Amenity" Applications(monitor against previous year stats)

05

10152025303540


2003-04 2002-03 Averaged




YTD Actual ($)

YTD Budget Revised

($)



Revenue 83,953 49,084 34,869 71% • FAVOURABLE • Reasons: Activity in Building

Industry • Implications / Actions: Activity will

slow in coming months due to energy efficient legislation

Expenditure 31,492 22,751 (8,741) (38)% • UNFAVOURABLE

• Reasons: Misallocation of Salaries • Implications / Actions: Journal

entries are required

275


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 five (5) working days. • Process Licensing and Registration applications within quality assured procedures

and within twenty (20) works days of receipt.

Officer Responsible





No * (enter X)

Nil * Variance Report for Initiatives not on target: Nil * Prospective Actions for Initiatives not on target: Nil Operating Budget Assessment:

YTD Actual ($)

YTD Budget Revised

($)



Revenue 325 0 325 n/m • N/A

Expenditure 25,452 36,991 11,539 31% • FAVOURABLE • Reasons: Budget on Target –

Vacant position unfilled • Implications / Actions: Nil

276


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 Environment Protection Policy (Water) in accordance with Memorandum of Understanding with the Environmental Protection Agency (EPA).

• Provide advice and direction to external clients in order to achieve compliance with environmental licences.

• Continue the Unlicensed Premises Inspection Program and the Environmental Authority Compliance Inspection Program.

• Achieve 100% compliance with EPA reporting requirements. • Assess complaints of an environmentally sensitive nature and action within

legislative time frames.

Officer Responsible





No * (enter X)

1. Conduct initial audit of unlicensed devolved ERA’s and implement corrective actions by June 04.

SGD2 June 2004 8%


Performance Rating:

3

Variance Report Nil

Development Approval's and Personal Licences issued for the operation of an Environmentally Relevant Activity

0

1

2

3

4

5

March April May June July August

Month

Tota

l


Prospective Actions Inspections as required by relevant legislation

277


Performance Rating:

3

Variance Report Nil

Identification of unlicensed Environmentally Relevant Activities

012345678

March April May June July August

Month

Tota

l



Performance Rating:

2

Variance Report Failure to comply with Environmental management requirements

Inspections conducted in accordance with the Environmental Protection (Water) Policy 1997:- - 29 inspections conducted - 5 warnings issued - 2 Penalty infringement notices issued for offences under the EPP (Water)


Prospective Actions Continued promotion of Environmental Awareness within industries and the general community


YTD Actual ($)

YTD Budget Revised

($)



Revenue 9,066 15,498 (6,432) (42)% • UNFAVOURABLE • Reasons: Year to Date budget

accrues accounts over 12 month period, will balance out over the financial year

• Implications / Actions: Licences Not paid


• Reasons: Vacant position filled in August 2003

• Implications / Actions:

278


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).

• Provide an effective inspection program as identified by the level of risk. • Respond to complaints received.

Officer Responsible





No * (enter X)

1. Develop and deploy a Risk Management Programme for registered premises.

SGD3 June 2004 8%

2. Identify unregistered premises and implement corrective action by June 04.

SGD3 June 2004 8%

3. Engage an additional Environmental Health officer to meet Council’s on-going obligations under the Food Regulations.

COR6 Sept 2003 50%



Performance Rating:

1

Variance Report Variance level exists due to limited inspections for financial year

PERCENTAGE OF *PREMISES INSPECTED THAT ARE ACCEPTABLE

0

20

40

60

80


Perc

enta

ge

*Premises = Food, Accommodation, Hair, Skin Target


Prospective Actions An increase in inspections will show a more realistic percentage acceptable

279


Performance Rating:

1

Variance Report Variance due to Renewals not to be sent until 15 August 2003

PERCENTAGE OF *PREMISES UNREGISTERED

020406080

100


Perc

enta

ge

*Premises = Food, Accommodation, Hair, Skin Target


Prospective Actions Renewals Due for Payment 15 September 2003

Performance Rating:

3

Variance Report Nil

Courses /Training/ Meetings attended by Environmental Health Officers • Disaster Management Course • Risk Watch Meetings • Meeting with Police Liaison Officers re Park People • Regular staff meetings • Mosquito control conference • Supervisor development training Other Activities carried out by Environmental Health Officers • Workplace Health and Safety Risk Assessments • Mosquito Eradication Project – White Rock State School • Preparation work on pending Food Act prosecutions • Three voluntary closures of food shops Inspections • Complaints investigated 57 • Routine Inspections 100 • Follow-up inspections 81 • Notice 50 General Comments Two new Environmental Health Offficers due to start in the Public Health Unit 15th & 22nd September 2003 respectively. Corporate Plan Link: SGD3

Prospective Actions One pending prosecution under the Food Act 1981

280



YTD Actual ($)

YTD Budget Revised

($)



Revenue 35,137 79,666 (44,529) (56)% • UNFAVOURABLE • Reasons: Licence Renewal due

date is September • Implications / Actions:

Expenditure 87,972 107,794 19,822 18% • FAVOURABLE • Reasons: Positions Vacant • Implications / Actions: Vacant

positions due Sept 2003 15th & 22nd

281


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 • Provide service to delivery effective methods to reduce vector incidences. • Provide Pest Control on Council properties and information to the public.

Officer Responsible





No * (enter X)

1. Enhance public information on vector control including utilising council’s website and other public places.

COR2 June 2004 8%

2. Investigate more cost effective means of program delivery.

COR5 June 2004 8%

3. Investigate alternate methods of control. COR5 June 2004 8% * Variance Report for Initiatives not on target: Nil * Prospective Actions for Initiatives not on target: Nil Performance Target Assessment (3 = Satisfactory, 2 = Marginal, 1 = Unsatisfactory)

Performance Rating:

3

Variance Report N/A

Fish Breeding (Eastern Rainbow) • At this time of year, no releases of fish are taking place • Maintenance in readiness for the commencement of breeding is on going Light Trapping • No light trapping being carried out this month Dengue • No further cases have been reported this month Mosquito/Midge Complaints • 15 Mosquito Complaints • 10 Midge Complaint • 100% Satisfactory inspection results 2 Hour lessons on Mosquito Education were given at White Rock School this month Corporate Plan Link: COR5

Prospective Actions N/A

282



YTD Actual ($)

YTD Budget Revised

($)



Revenue 0 0 0 n/m • N/A

Expenditure 70,210 90,850 20,640 23% • FAVOURABLE • Reasons: Budget allocation of

monies for Fogging Machine not expended ($15,000)

• Implications / Actions:

283


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 • Dog registration. • Response to dog and cat complaints. • Dog Impoundments. • Provide an education program to schools and community groups.

Officer Responsible





No * (enter X)

1. Provide educational programme to schools

COR2 June 2004 15%

2. Public awareness programme promoting responsible pet ownership.

June 2004 10%

3. Promotion of positive results – media release.

June 2004 30%


Performance Rating:

3

Variance Report Due Date for 2002/2003 Registrations – 30th September 2002

Number of Registered Dogs

0

2000

4000

6000

8000

10000

12000

14000


Reg

istr

atio

ns

2002-03 2003-04

Corporate Plan Link: COR2


284


Performance Rating:

N/A

Variance Report Number of complaints received is not determined by Council

Number of Dog and Cat Complaints per Month

0100200300400500600

July August

Month

Number of Complaints



Performance Rating:

N/A

Variance Report To be reported monthly

% of Impounded Dogs Registered/Unregistered

020406080

100120

Jul

AugSep Oct

NovDec Ja

nFeb Mar Apr

MayJu

ne

2003 - 2004 Financial Year

Unregistered

Registered



Registration and Release Details August YTD Number of dogs registered 2090 13644 Number of dogs impounded 101 178 Number of Animal Control related complaints received and actioned

362 839

Number of dogs not wearing tags 16 32 Number of dogs wearing tags 85 146 Number of dogs returned to their owner 58 108 Number of dogs euthanaised 16 31 Number of dogs surrendered to a refuge 17 28 Number of dogs still in the pound 10 11 Number of dogs seized under destruction orders 0 0 Number of dangerous dog orders issued 1 1 Number of Infringements issued 1 3 Number of Restricted Dog Applications 0 1 Number of Restricted Dog Permits issued 0 1

285


Dogs Impounded by

Suburb No. YTD Dogs Impounded by

Suburb No. YTD

Aloomba 1 1 Manoora 1 5 Babinda 0 2 Manunda 4 11 Bayview Heights 3 6 Mooroobool 3 5 Bentley Park 3 4 Mount Sheridan 4 12 Bramston Beach 0 0 Palm Cove 1 1 Brinsmead 1 2 Parramtta Park 2 4 Bungalow 1 2 Portsmith 0 1 Cairns North 4 10 Redlynch 1 1 Clifton Beach 1 1 Smithfield 4 5 Earlville 13 21 Stratford 3 3 Edge Hill 3 5 Trinity Beach 6 12 Edmonton 7 11 Trinity Park 0 1 Freshwater 3 3 Westcourt 2 3 Goldsborough 4 5 White Rock 5 7 Gordonvale 5 8 Whitfield 1 3 Holloways Beach 4 5 Woree 3 8 Kamerunga 3 5 Yorkeys Knob 3 3 Kanimbla 0 0 Kewarra Beach 1 1 Machans Beach 1 1 Operating Budget Assessment:

YTD Actual ($)

YTD Budget Revised

($)



Revenue 69,546 93,598 (24,052) (26)% • UNFAVOURABLE • Reasons: Registrations still

payable • Implications / Actions: Nil

Expenditure 115,074 119,979 4,905 4% • FAVOURABLE • Reasons: • Implications / Actions: Nil

286


ACTIVITY: Local Laws Enforcement [CGM]

Aim

To ensure regulation of Council’s Local Laws and relevant legislation and further maintain compliance relating to developments with Council’s Planning Approval.

Level of Service • Ensure all sectors of the Community comply with Council’s Local Laws, Planning Scheme and relevant legislation.

• Process and regulate applications submitted in relation to Council’s Local Laws and inspect for compliance regarding permit conditions.

Officer Responsible





No * (enter X)

1. Convert the administrative support of the activity to the Authority system.

COR2 Jan 2004 20%

2. Increase surveillance and assessment of Local Laws requirements by June 04.

June 2004 10%


Performance Rating:

3

Variance Report Account Renewals sent earlier this financial year than 2002/2003

Local Laws Permits Issued

01020304050

July 2002 July 2003 August2002

August2003

Year

Num

ber

Permits



287


Performance Rating:

3

Variance Report Increase in public demand

Outdoor Dining Permits Issued

05

10152025

July2002

July2003

August2002

August2003

Year

Num

ber

Permits



288


Performance Rating:

3

Variance Report N/A

NEW COMPLAINTS / REQUESTS Planning 30 Local Laws 120 INSPECTIONS CARRIED OUT Development Approvals 0 Building Compliance 0 Local Law 22 259 Local Law 28 8 Local Law 16 7 Illegal Camping 355 Vermin Control 71 Abandoned Vehicles 76 To the Dump 11 To McCoombe St 28 GUARANTEES RELEASED 2 PORTABLE ADVERTISEMENT APPLICATIONS New / Renewal 4 OUTDOOR DINING APPLICATIONS New 4 Renewals 24 ADVERTISING SIGNS – GENERAL – APPLICATIONS New 10 REPORTS TO COUNCIL Advertising 3 Outdoor Dining 0 LEGALS Local Laws Notices issued 12 General Offence Infringement Notices 0 Show Cause Notices 0 Enforcement Notices 0 MISCELLANEOUS Skids referrals for action 123 Corporate Plan Link: COR2


289



YTD Actual ($)

YTD Budget Revised

($)



Revenue 149,209 49,662 99,547 200% • FAVOURABLE • Reasons: Outdoor Dining account

to be accrued • Implications / Actions: Nil

Expenditure 71,850 67,695 (4,155) (6)% • UNFAVOURABLE • Reasons: Out-of-Hours patrolling

for campers • Implications / Actions: Nil

290


ACTIVITY: Community & Cultural Development [CIA]

Aim

To assist in building a positive, cohesive community by successfully supporting, facilitating and implementing initiatives across a wide range of Council services that : • Develop resources and capacities, and • Promote a safe, productive and inclusive community.

Level of Service • Respond to customer and community enquiries, through various mediums, which include referral, advice, consultation, advocacy and community events.

• Develop information and educational resources, which include forums, workshops, newsletters, service directories and pamphlets, exhibitions and displays per year.

• Assist the community to implement projects that engage local communities including activities that promote individual, family and community well being.

• Respond to all customer enquiries within 48hours.

Officer Responsible

Manager Community Development




No * (enter X)

1. Develop and implement a Well-being and Safety plan which focuses on a range of initiatives that promote belonging, action orientated productivity and a sense of community safety and well being by June 04

SGD3 June 04 25% √

2. Form partnerships with government and non-government agencies to address community and cultural development issues facing Northern and Southern suburbs by June 04

SER5 June 04 25% √

3. Facilitate components of wider community events as a means of providing celebrative opportunities and forming a working relationship with the community of Cairns by June 04

SGD3 June 04 12% √

4. Assume funding of the existing Indigenous Liaison and Policy position, previously ATSIC funded

SGD3 July 03 100% √


291



Performance Rating:

3 Variance Report Target will be set by 3 month review.

Community Contact

0

1000

2000

3000

4000

5000

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

No.

of C

onta

ct

Phone Emails Meetings Letters Community Events

Corporate Plan Link: [community and customer]

Prospective Actions An additional type of community contact will be shown in the August report and will include the amount of face to face individual contacts seeking action, support, referral. Officers based out in the community have daily contact with community members.


YTD Actual ($)

YTD Budget Revised

($)



Revenue 164,974 50,700 114,274 225 • FAVOURABLE • Reasons: Due to rollovers revenue

is higher than anticipated for financial year.


Expenditure 117,096 271,694 154,598 57 • FAVOURABLE • Reasons: Expenditure is under as

we are in the planning stage for activities and the relevant expenditure is yet to occur.

• Implications / Actions: All planned initiatives and activities will utilise this years budget fully.

292


ACTIVITY: Graft’n’Arts [CIC]

Aim

To successfully develop and implement a wide range of arts and 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 the diverse socio-economic needs of the Cairns Community.

• Provide services that target both young people and adults with funding sourced from non-Council entities where possible.

Officer Responsible





No * (enter X)

1. To relocate to new premises COR6 03/04 2. To provide and further develop a range of

diverse arts and cultural programs for young people in the Cairns region

SGD3 Ongoing 16.6% √

3. To provide Arts & Cultural services that cater for the diverse socio economic needs of the Cairns community

CUS7 Ongoing 16.6% √

4. To sustain and further develop Government and industry partnerships that increase service capacity (Local, State and Federal), which increases service capacity

SER5 Ongoing 16.6% √

5. To enhance and further develop industry partnerships which increase service capacity

SER5 Ongoing 16.6% √

* Variance Report for Initiatives not on target: “Nil” * Prospective Actions for Initiatives not on target: “Nil”

293



Performance Rating:

3 Variance Report This graph shows number of attendances at workshops and events. It does not reflect actual numbers of people as individuals may be counted many times at events throughout the month.

Arts & Cultural Programme

0500

10001500

July

Aug Sep OctNov Dec Ja

nFeb Mar Apr

May Ju

ne

Workshops/activities

Atte

ndan

ce

Workshops Target

Corporate Plan Link: Customer and Community

Prospective Actions Nil.

Performance Rating:

3 Variance Report See above

Arts & Cultural Events

01000200030004000

July

Aug Sep OctNov Dec Ja

nFeb Mar Apr

MayJu

ne

Events

Atte

ndan

ce

Events Targets



294


Performance Rating:

3 Variance Report On target.

• Development of new initiatives within the Graft’n’Arts programme to

increase Gov/nonGov partnerships :- • Four (4) Government funded programmes are being developed throughout

August. These include Festivals Australia grant towards Festival Cairns, Arts QLD grants for Circus Alliance, Youth Initiatives and Axis Youth Arts conferenece.

• Another State Gov. grant for MusiCairns has been received.

• Business Partnerships :- • Graft’n’Arts partnerships for August are Gordonvale Pyramid Committee • Activities includes street theatre • Festival Cairns launch • Activities included street performance and muscians

Corporate Plan Link: Customer and community



YTD Actual ($)

YTD Budget Revised

($)

Var ($) 13661

Var (%)

Variance Report & Prospective Actions


Revenue 142,802 54,280 88,522 163 • FAVOURABLE • Reasons: Grants have been

received on time and new iniative grants recieved


Expenditure 100,936 107,443 6,507 6 • FAVOURABLE • Reasons: On target because of

extra income and busiest time of the year ie Festival Cairns.


295


ACTIVITY: Hambledon House AUGUST 2003

Aim

To provide support services to families, individuals, 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 families. • Information and feedback is provided to community members. • Facilities are available for hire by community groups.

Officer Responsible





No * (enter X)

1. Develop a plan to increase opportunities for participation in community life for people with disabilities residing in the Southern Suburbs by Aug 03

CUS7 August 2003

100%

2. Increase accessibility of information regarding services provided by Hambledon House Community Centre to the multicultural communities of the Southern Suburbs by Dec 03

CUS7 December 2003

25%

3. Facilitate a multicultural component for Community Centres Week in May 04

SGD3 May 2004 10%

4. Develop strategies to address identified issues of isolated families in Southern Suburbs by March 04

CUS7 March 2004

10%

5. Facilitate the development of a plan to assist the establishment of Adult Community Education opportunities with a focus on Information Technology for residents of the Southern Suburbs by June 04

SCD3 June 2004 10%


296



Performance Rating:

3

Variance Report Above set target.

No. of hours of community access to meeting rooms

0

50

100

150

200

250

300

350

July August Sept OctMonth

Actual hoursTarget


Prospective Actions

Nil

Performance Rating:

3

Variance Report Above set target.

No. of different groups accessing meeting rooms

0

10

20

30

40

July August Sept Oct

Month

GroupsTarget


Prospective Actions

Nil

Performance Rating:

3

Variance Report

On target.

No. of new groups accessing meeting rooms

012345


Month

New groupsTarget


Prospective Actions

Nil

297


Performance Rating:

3 Variance Report Above set target.

No. of community members accessing reception

0

10

20

30

40

50


Month

IndividualsTarget


Prospective Actions

Nil

Performance Rating:


Provision of information/assistance to individuals/groups by Community Support Coordinator

0

5

10

15


Month

Individuals/groupsTarget

Prospective Actions

Nil

Corporate Plan Link: Sustainable Growth and Development

Performance Rating:


No. of counselling appointments provided to families by Family Support Worker

0

10

20

30

40


Month

Counsellingappointments Target

Prospective Actions

Nil


298


Performance Rating:


No. of hours of counselling support provided to families by Family Support Worker

0

20

40

60

80


Month

HoursTarget

Prospective Actions

Nil


Performance Rating:


No .of new referrals received by Family Support Worker

02468

1012


Month

New referralsTarget

Prospective Actions

Nil


299



YTD Actual ($)

YTD Budget Revised

($)



Revenue 44,786 800 43,986 5,498 • UNFAVOURABLE • Reasons: YTD Budget reflects full

annual amount of grant funding which is received quarterly. Will come into line as each quarterly instalment received.

• Implications/Actions: Nil Expenditure 24,655 28,427 3,772 13 • Favourable

• Reasons: On Target • Implications/Actions: Nil

300


ACTIVITY: Library Services [CII]

Aim

To enrich the community through the provision of access to information and resources, regardless of format, in a manner that promotes and supports lifestyle, leisure, cultural opportunities and lifelong learning.

Level of Service • Provide services through 8 branch locations, open a total of 336 hours per week. • Provide 50 hours per week of professional reference service for the Cairns

Community. • Dispatch inter-branch loans within 48 hours of receipt of request. • Libraries currently provide 86.25hrs per week of Council Customer Service Centre

functions at three (3) branches.

Officer Responsible





No * (enter X)

1. Effect the closure of the Woree library with minimal impact to the operation of the library network and the surrounding community

SER4 Oct 03 35% √

2. Establish the new Earlville library at shop MO&M Stockland Centre. Monitor and address operational and growth issues to effectively and efficiently meet community needs, particularly in the area of staffing new innovations; engage 3 additional library assistants to respond to growth in demand for service

SGD3 Oct 03 35% √

3. Actively identify, develop and market Cairns libraries’ new innovations, technology and facilities to the Cairns community throughout 2003/2004

COR5 Jun 04 10% √

4. Continuously provide an accurate, reliable catalogue utilising innovative technology and new library management system

COR5 Jun 04 10% √

5. Ensure that the library network is well maintained and operated by motivated, well trained and well presented staff

COR6 Jun 04 10% √

6. Implement the recommendations of the Strategic Library review as adopted by Council regarding branch and staffing requirements by June 04

FIN1 Jun 04 10% √

7. Review the structure of libraries and develop an effective structure based on the efficient and timely delivery of innovative services by Jan 04

FIN1 Jan 04 15% √

8. Implement a ‘Friends of the Library ‘program to support additional customer service projects by Sept 03

CUS7

Sept 03 25% Corrective

action taken

X

301


9. Redefine and extend the existing

homebound service to areas outside the existing boundaries by June 04

CUS7 Jun 04 10% √

10. Develop and market innovative children’s services, events and facilities across libraries by Feb 04

FIN1 Feb 04 20% √

11. Actively seek ways to animate libraries by initiating and participating in Literary, Arts and cultural events throughout 2003/2004

FIN1 Jun 04 20% √

12. Promote and market the Eight (8) Cairns library branches as a value added, lifestyle venue for all members of the community

COR7 Jun 04 20% √

13. Actively seek funding and grants to increase library revenue throughout 2003/2004

FIN2 Jun 04 10% √

* Variance Report for Initiatives not on target: Re Initiative No CUS7: Implementation of a Friends of the Library program was largely impacted by the installation of the Libero project resulting in the delay in the appointment of the Special Services Librarian Marketing * Prospective Actions for Initiatives not on target: Re Initiative No CUS7: Although not on target, all necessary information, contacts and documentation has been compiled ready for action. Friends of the Library will be escalated due to the appointment of the Special Services Librarian Marketing and is the highest priority for the new position. Significant progress will be made as a result. Performance Target Assessment (3 = Satisfactory, 2 = Marginal, 1 = Unsatisfactory)

Performance Rating:

2

Variance Report The number of visitors per capita of population to libraries in July 2003 has already improved since the new library management system. A better result can be achieved.

Visitors Numbers vis a vis The Population

0

50000

100000

150000

Jun-

03

Jul-0

3

Aug

-03

Sep

-03

Oct

-03

Nov

-03

Dec

-03

Jan-

04

Feb-

04

Mar

-04

Apr

-04

May

-04

Jun-

04

Visitor Numbers Per Month

Cai

rns

Pop

ulat

ion

Cairns Population Library Visitors


Prospective Actions Through marketing libraries as a lifestyle venue, a new management system and website, results should improve and target should be met

302


Performance Rating:

3

Variance Report Whilst membership numbers are satisfactory an increase of 5% during the year is targeted

Library membership per capita of population

020000400006000080000

100000120000140000

Jun-

03

Jul-0

3

Aug

-03

Sep

-03

Oct

-03

Nov

-03

Dec

-03

Jan-

04

Feb-

04

Mar

-04

Apr

-04

May

-04

Library membership

Cai

rns

Pop

ulat

ion

Population Cairns libraries

Corporate Plan Link: FIN1

Prospective Actions Throught the year operational strategies encouraging membership will take effect, particularly in the children’s and senior’s catagories.

Performance Rating:

3

Variance Report On target.

Library Revenue is on target to achieve 7.5% increase for the year. Some accounting anomolies appearing in the first month of the financial year have been identified and will be addressed by end of August 2003

Corporate Plan Link: FIN2



YTD Actual ($)

YTD Budget Revised

($)



Revenue 15,957 8,233 7,724 94 • FAVOURABLE • Reasons: Achieved the target set

for the year of 7.5% increase in revenue.

• Fees and charges have been restructured and additional revenue has been gained from outsourcing the Book Sale. The favourable variance should continue throughout the year 2003/04

• Implications / Actions: Target will be exceeded for the year.

303


Expenditure 403,176 576,981 173,804 30 • FAVOURABLE

• Reasons: Varience due to a number of factors including delays in appointment of staff and invoicing to date.

• Implications / Actions: budget smoothing should take effect over the next few months addressing the variance

cairns city council planning, development & …...2 agenda – planning, development &...

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