cairns regional council homepage - cairns regional council ......2020/05/27 · minutes –...

Minutes – Ordinary Meeting 27 May 2020 - #6386919

ORDINARY MEETING

27 MAY 2020

9:00 A.M.

PRESENT: Cr B Manning (Chairperson) Cr R Coghlan Cr A Eden Cr T James Cr B Moller Cr M O’Halloran Cr B Olds Cr R Pyne Cr K Vallely Cr C Zeiger OFFICERS:

J Andrejic Chief Executive Officer B Gardiner General Manager Infrastructure Services C Posgate General Manager Human Resources and Organisational

Change K Reaston General Manager Planning & Environment M Wuth General Manager Water & Waste L Kirchner General Manager Community, Sport & Cultural Services L Whitton Chief Financial Officer N Masasso Executive Project Officer R Holmes Manager Marketing &Communications P Rogato Media Coordinator S Godkin Minute Secretary

ii


TABLE OF CONTENTS

CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST ................................. 4 PURPOSE OF MEETING ................................................................................................ 5

CONFIRMATION OF MINUTES OF ORDINARY MEETING 13/5/20 ............................. 5

AGENDA ITEMS AS LISTED:

1. COMBINED MATERIAL CHANGE OF USE (HEALTH CARE SERVICES) AND RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 150-172 MCCOOMBE STREET BUNGALOW – DIVISION 5 .............................................. 6

Nastassja Lazarus | 8/30/298 | #6367995

2. BRIDGE RENEWAL PROGRAM – ROUND 5 ..................................................... 25 M Ringer | 81/1/13-01 | #6333921

3. SCHOOL TRANSPORT INFRASTRUCTURE PROGRAM (STIP) GRANT FUNDING PROJECT PROPOSAL ......................................................... 25

M Ringer | 81/1/13-01 | #6335785

4. HEAVY VEHICLE SAFETY AND PRODUCTIVITY PROGRAM (HVSPP) – ROUND 7 .............................................................................................................. 25

M Ringer | 81/1/13-01| #6334955

5. REPORT WITHDRAWN

6. REVIEW OF GENERAL POLICY - VEGETATION ON COUNCIL CONTROLLED LAND: PLANTING, REMOVAL AND MAINTENANCE .............. 26

Sam Cottrell | 81/1/13 | #6378535

7. PROJECT LAUNCH APPROVAL (PLA) FOR CONSTRUCTION OF HOLLOWAYS BEACH GROYNES PG19069 ................................................ 26

Heather Vaughan | 50/5/77 | #6366538

8. PROJECT LAUNCH APPROVAL FOR PCT14276 DEXTER BRIDGE RENEWAL ............................................................................................................ 26

Iain Brown | 81/1/13-01 | #6379121

9. ESPLANADE DINING PRECINCT PROJECT COMMENCEMENT OF STAGE 1 WORKS ............................................................................................... 27

Bruce Gardiner | 1/3/81 | #6383157

10. MILL GARDENS AND GORDONVALE TO GREENPATCH HERITAGE TRAIL ................................................................................................................... 27

Luke Jackson | 73/2/27 | #6363079

iii


11. RESCINDING THE TRADE WASTE ENVIRONMENTAL MANAGEMENT PLAN GENERAL POLICY.................................................................................... 28

JR | 87/15/1 | #6309265

12. RESCIND THE MAYOR’S DISCRETIONARY FUND POLICY ............................ 28 J Ritchie | 63/8/12-03 | #6383744

13. COUNCILLOR APPOINTMENTS TO EXTERNAL BOARDS/BODIES ............... 28 A Agius | 65/4/1-03 | #6355468

14. CHIEF EXECUTIVE OFFICER'S UPDATE .......................................................... 30 John Andrejic | 93/1/2 | #6259870V8

GENERAL BUSINESS

1. WET TROPICS MANAGEMENT AUTHORITY (WTMA) – YELLOW CRAZY ANT .............................................................................................................................. 30

2. LAKE MORRIS ROAD GATE RELOCATION ..................................................... 31

CLOSED SESSION

1. LEGAL MATTER – PLANNING & ENVIRONMENT APPEAL NO’S. 228 & 229 OF 2018 (SEVMERE PTY LTD V CAIRNS REGIONAL COUNCIL) – 1 STRATFORD PARADE, STRATFORD – DIVISION 6 ................................... 33

Ian Elliott-Smith | 8/35/53 | #6380207

2. CONTRACTUAL MATTER – PROJECT LAUNCH APPROVAL AND CONTRACT 55300 AWARD FOR THE LIGHTING UPGRADE STAGE 1A GRIFFITHS PARK MANUNDA PC18039 -02 ................................................. 34

Wayne Dagleish | 50/2/38 | #6355886

3. STAFF MATTER – MAINTENANCE SERVICES ................................................. 34 Bruce Gardiner | 1/3/21 | #6322893

4. CONTRACTUAL MATTER - CAPITAL WORKS AT THE CAIRNS PERFORMING ARTS CENTRE ........................................................................... 35

L Kirchner | 79/4/1 | #6381740

5. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ............................... 35 Steve Crampton | 63/8/31-01 | #6382166

6. PREJUDICIAL MATTER – SUBMISSION TO THE SENATE SELECT COMMITTEE ON COVID-19 .................................................................. 35

S. Wiaczek | 58/6/1 | #6376865

4


CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST

Cr Moller declared that that those Councillors elected as members of the Unity Team in the 2012 and/or 2016 terms comprising Councillors Manning, James, O’Halloran and himself, have a conflict of interest (as defined by section 175D of the Local Government Act 2009) in Item 1 in Closed Session – Legal Matter – Planning and Environment Appeal No’s 228 & 229 of 2018 (Sevmere Pty Ltd v Cairns Regional Council) – 1 Stratford Parade, Stratford – Division 6 due to an electoral donation from MacDonnells Law in the amount of $2000 on 20/04/2012. There were 11 Unity candidates who stood for election in 2012. This amount equates to $181.80 per candidate. MacDonnells Law are acting for Council in this matter. He has determined that this personal interest is not of sufficient significance that it will lead him to making a decision on this matter that is contrary to the public interest. He will best perform his responsibility of serving the overall public interest of the whole of the Council’s area by participating in the discussion and voting on this matter. However, he acknowledged that the remaining councillors must determine, pursuant to section 175E(4) of the Local Government Act 2009: -

(a) Whether he has a real conflict of interest in this matter or a perceived conflict of

interest in this matter; and

(b) If so, whether: -

a. He must leave the meeting while this matter is discussed or voted on; or

b. He may participate in the meeting in relation to the matter, including by

voting on the matter.

Cr Manning informed the meeting that he may have the same conflict of interest as that described by Councillor Moller. He has determined that this personal interest is not of sufficient significance that it will lead him to making a decision on this matter that is contrary to the public interest. He will best perform his responsibility of serving the overall public interest of the whole of the Council’s area by participating in the discussion and voting on this matter. However, he acknowledged that the remaining councillors must determine, pursuant to section 175E(4) of the Local Government Act 2009: -







Cr James informed the meeting that he may have the same conflict of interest as that described by Councillor Moller. He has determined that this personal interest is not of sufficient significance that it will lead him to making a decision on this matter that is contrary to the public interest.

5


He will best perform his responsibility of serving the overall public interest of the whole of the Council’s area by participating in the discussion and voting on this matter. However, he acknowledged that the remaining councillors must determine, pursuant to section 175E(4) of the Local Government Act 2009: -







Cr O’Halloran informed the meeting that he may have the same conflict of interest as that described by Councillor Moller. He has determined that this personal interest is not of sufficient significance that it will lead him to making a decision on this matter that is contrary to the public interest. He will best perform his responsibility of serving the overall public interest of the whole of the Council’s area by participating in the discussion and voting on this matter. However, he acknowledged that the remaining councillors must determine, pursuant to section 175E(4) of the Local Government Act 2009: -







PURPOSE OF MEETING To consider the matters listed on the agenda.

CONFIRMATION OF MINUTES OF ORDINARY MEETING 13/5/20

MOLLER / O’HALLORAN That the Minutes of the Ordinary Meeting held on Wednesday, 13 May 2020 be confirmed.

carried unanimously

6


1. COMBINED MATERIAL CHANGE OF USE (HEALTH CARE SERVICES)

AND RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 150-172

MCCOOMBE STREET BUNGALOW – DIVISION 5 .............................. 4

Nastassja Lazarus | 8/30/298 | #6367995

EDEN / ZEIGER 1. That Council approves that part of the Development Application for

Reconfiguring a Lot (1 into 2 lots) over land described as Lot 2 on RP730391, located at 150-172 McCoombe Street, Bungalow, subject to the conditions contained in “Recommendation A” of the Officer’s Report and published in the agenda and notes that these conditions will form part of the Development Approval; and

2. That Council approves the Development Application for a Material Change

of Use (Health Care Services) on future lot 2B over land described as Lot 2 on RP730391, located at 150-172 McCoombe Street, Bungalow, subject to the reasonable and relevant conditions displayed on the screen and notes that these conditions will be published in the minutes and form part of the Development Approval; and

3. The reasons for the decision will be published with the minutes and are as

follows-

a) Although the subject site is a sensitive and vulnerable land use proposed for an industrial area, through conditions the proposed development can be designed and operated to mitigate impacts from surrounding industrial land uses and difficult to locate urban uses;

b) The use supports community need and is not of a scale nor of an intensity that would detract from the hierarchy of centres, particularly the Specialised Centre Zone and the nearby Major Centre Zone and Earlville Local Plan;

c) The proposal to Reconfigure a Lot is consistent with the intent for the Low Impact Industry Zone Code and is of a sufficient size to accommodate future industrial land uses;

d) The proposed development has been assessed in accordance with the provisions of the CairnsPlan 2016v1.3 and is considered to generally comply with the overall outcomes of the applicable codes; and

e) Conditions have been included to ensure compliance with the applicable codes of the CairnsPlan 2016v1.3.

7


RECOMMENDATION AS PER OFFICER REPORT FOR PART A A. That Council approves that part of the Development Application for

Reconfiguring a Lot (1 into 2 lots) over land described as Lot 2 on RP730391, located at 150-172 McCoombe Street, Bungalow, subject to the following:

APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar

expressions means:

Drawing or Document

Reference Date

Site Plan Drawing No: 022 MCC, Issue No: A

Dated: November 2018 Amended by Council Officers: May 2020

ASSESSMENT MANAGER CONDITIONS 1. This approval, granted under the provisions of the Planning Act 2016,

shall lapse years six (6) years from the day the approval takes effect in accordance with the provisions of section 85 of the Planning Act 2016.

2. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:

a. The specifications, facts and circumstances as set out in the application submitted to Council, including recommendations and findings confirmed within technical reports; and

b. The following conditions of approval and the requirements of

Council’s Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval. Timing of Effect 3. The conditions of the Development Permit must be satisfied prior to

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

External Works 4. Undertake the following external works:

a. For Lot 2 ensure that the current crossover(s) and apron(s) of the site are fit for the purpose. Any sections showing ponding, significant cracking, etc, shall be deemed as not fit for purpose and must be replaced;

8


b. For Lot 2B provide new and upgraded commercial and industrial concrete crossover(s) and apron(s) generally in accordance with FNQROC Development Manual Standard Drawing S1015 Rev D. A copy is attached at Appendix 2;

c. Make good the kerb(s) at redundant crossover(s); d. Make good any damaged kerbs; e Re-turf any damaged verge areas; and f. Seal the shoulder between the existing and proposed crossovers

and existing traffic lanes along the McCoombe Street frontage of the site in accordance with Council’s FNQROC Development Manual.

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

the requirements and satisfaction of the Chief Executive Officer, prior to Council’s approval of the Plan of Survey.

NB. The maximum grade for a crossover is 2.5% and where the site fronts an

existing footpath the new crossover must not interfere with existing footpath.

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

subject land:

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

b. Existing water connections and internal plumbing must be

contained within the lot it serves. If not then the connection and internal plumbing must be relocated to within the lot serviced.

All the above works must be designed and constructed in accordance

with the FNQROC Development Manual. All works must be carried out in accordance with the approved plans, to

the requirements and satisfaction of the Chief Executive Officer, prior to Council’s approval of the Plan of Survey.

Electrical and Telecommunications 6. The applicant/owner must provide written evidence from the electricity

and telecommunications authorities stating that services are provided to proposed Lot 2 B prior to Council approval of the Plan of Survey.

Such evidence from an electricity provider (Ergon Energy) must be in the

form of a “Certificate of Supply”, or alternatively a receipt for the full payment of the amount detailed under an “Offer of Supply”.

9


Such evidence from a telecommunications provider (NBN Co.) must be

in the form of a receipt for the full payment of the NBN Co. “Development Application” or alternatively provide Council with a copy of the NBN Co. “Council Letter”.

NB: In this instance Council would accept, subject to the agreement of

the electricity provider, a main service connection in the form of an overhead connection from the existing pole at the frontage of the site to a property pole located in the property boundary in accordance with the requirements of this condition.

Works to existing Buildings and Structures 7. Buildings and Structures are to be wholly located within the lot that they

serve:

a. Demolish and/or remove parts of existing buildings and structures that project into adjoining properties.

The works must be carried in accordance with the above condition, or

otherwise agreed in writing by the Chief Executive Officer. Prior to Council approval of the Plan of Survey.

Lawful Point of Discharge 8. The proposed development must not create ponding nuisances and/or a

concentration of stormwater flows to adjoining properties. Ponding 9. All stormwater from the property must be directed to a lawful point of

discharge such that it does not adversely affect surrounding properties or properties downstream from the development, to the requirements and satisfaction of the Chief Executive Officer.

FURTHER ADVICE 1. All building site managers must take all action necessary to ensure building

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

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

relevant Local Laws and other statutory requirements. 3. Buildings may require the appropriate fire separation in accordance with the

Building Code of Australia. It is recommended a private certifier (if applicable) is consulted to ensure all compliance with all other statutory requirements.

10


Flood & Inundation Hazards 4. All new development must be in accordance with the Flood & Inundation

Hazards Overlay Code under CairnsPlan 2016v1.3 and the CBD & Environs Drainage Management Plan. A rates note to this effect has been included on the property file.

5. Development is required to maintain a minimum of 40% of the existing flood

storage volume on site (i.e. the development of the site must not consume more than 60% of the existing flood storage volume of the site).

Infrastructure Charges Notice 6. A charge levied for the supply of trunk infrastructure is payable to Council

towards the provision of trunk infrastructure in accordance with the Infrastructure Charges Notice. The original Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Infrastructure Charges Notice has been calculated

according to Council’s Infrastructure Charges Resolution. Please note that this Decision Notice and the Infrastructure Charges Notice

are stand-alone documents. The Planning Act 2016 confers rights to make representations and appeal in relation to a Decision Notice and an Infrastructure Charges Notice separately.

The amount in the Infrastructure Charges Notice is subject to index

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

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

Notice. 7. For information relating to the Planning Act 2016 log on to

https://planning.dsdmip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au

ALTERNATE MOTION APPROVED FOR PART B B. That Council approves the Development Application for a Material Change

of Use (Health Care Services) on future lot 2B over land described as Lot 2 on RP730391, located at 150-172 McCoombe Street, Bungalow, subject to the following:

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

11


APPROVED DRAWING(S) AND / OR DOCUMENT(S)

The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date

Site Plan Drawing No: 022 MCC, Sheet No: 11-14, Issue No: A.

November 2018 Amended by Planning Officer: 13/05/2020

Proposed Floor Plan Drawing No: 022 MCC, Sheet No: 11-14, Issue No: A.

November 2018

ASSESSMENT MANAGER CONDITIONS

1. This approval, granted under the provisions of the Planning Act 2016, shall lapse six (6) years from the day the approval takes effect in accordance with the provisions of section 85 of the Planning Act 2016.

2. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with: a. The specifications, facts and circumstances as set out in the application

submitted to Council, including recommendations and findings confirmed within technical reports; and

b. The following conditions of approval and the requirements of Council’s

Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval. Timing of Effect 3. The conditions of the Development Permit must be satisfied prior to

Commencement of Use, except where specified otherwise in these conditions of approval.

4. Construction and other assessable development (as defined by Planning Act

2016) associated with this Material Change of Use (Development Permit) for Health Care Services approval over future Lot 2B cannot commence until such time as the survey plan for Reconfiguring a Lot (Development Permit) (Council Ref: 8/30/298) has been approved by Council and must be lodged and registered with the Titles Registry Office.

Detailed Plans 5. Prior to the issue of a Development Permit for Building Work, the

applicant/owner must submit and have endorsed by the Chief Executive Officer, details of:

a. The acoustic mitigation in accordance with Condition 9; b. The bicycle storage area in accordance with Condition 11;

12


c. The landscape plan in accordance with Condition 12; d. The street frontage fencing / screening in accordance with Condition 13;

and e. The bulk bin storage area and bulk bin collection in accordance with

Condition 15.

Carry out the building work in accordance with the approved drawings to the satisfaction of the Chief Executive Officer. Submit certification to Council by a registered Architect or Building Designer confirming the building has been constructed in accordance with approved drawings prior to the Commencement of Use.

Notice of Intention to Commence Use 6. Prior to commencement of the use on the site, written notice must be given to

Council that the development fully complies with the conditions of this Development Permit. The Applicant must return the attached “Notice of Intention to Commence Use” form prior to the Commencement of Use (Attached at Appendix 2).

Limitation of Use 7. The approved use of Health Care Services is limited to the following hours of

operation (including deliveries), unless authorised by the Chief Executive Officer:

a. Monday to Friday 9:00am to 6:00pm; and b. Saturday 9:00am to 1:00pm. The approved use must not to operate on Public Holidays.

External Works 8. Undertake the following external works:

a. For Lot 2B provide new and upgraded commercial and industrial concrete crossover(s) and apron(s) generally in accordance with FNQROC Development Manual Standard Drawing S1015 Rev D. A copy is attached at Appendix 2;

b. Seal the shoulder between the kerb and existing traffic lanes along the

full McCoombe Street frontage of the site in accordance with Council’s FNQROC Development Manual.

c. Construct a footpath along the full McCoombe Street frontage of the

approved use site;

13


d. Construct an impervious footpath from the property frontage to the footpath along the McCoombe Street frontage;

e. Make good any damaged kerbs; and f. Re-turf any damaged verge areas.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer, prior to the Commencement of Use. NB. The maximum grade for a crossover is 2.5% and where the site fronts

an existing footpath the new crossover must not interfere with existing footpath.

Acoustic Mitigation 9. An Acoustic Impact Assessment report is to be submitted to Council

demonstrating that an indoor sound level of 50dB(A) could be achieved for the approved use. The report is to be prepared by a suitably qualified and experienced Engineer specialising in Acoustic Engineering. The report must include recommendations practically detailing how noise impacts from surrounding activity would be mitigated to the approved land use. a. Provide sound level monitoring; b. Detail the expected impact of all surrounding noise sources against the

Environmental Protection (Noise) Policy 2008; c. The assessment must be conducted in accordance with AS1055.1-3 –

Acoustics – Description and Measurement of Environmental Noise and the relevant legislative provisions contained within the Environmental Protection Act 1994 and associated subordinate regulations and policies;

d. Provide details of the location of monitoring, data collected from

monitoring, the methodology used for data collection and any supporting calculations; and

e. Detail any required measures to achieve compliance with the applicable

legislation and standards. Details of the acoustic mitigation must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Parking and access 10. Provide sixteen (16) on-site car parking spaces, including one (1) accessible

car parking space. The parking layout for the off-street car parking spaces must be designed and constructed in accordance with Australian Standard AS2890.1 Parking Facilities – off street car parking. In addition, all parking,

14


driveway and vehicular manoeuvring areas must be imperviously sealed and drained. The car parking and manoeuvring areas on the site must specifically provide for the following: a. The accessible off-street car parking spaces must be designed in

accordance with Australian Standard AS2890.6- Off-Street Car Parking for People with Disabilities, including parking bay dimensions and shared area;

b. Line marking and signage of all car parking areas; c. Provision of space must be provided on site for vehicles to turn around

so that all vehicles, including service vehicles, can enter and exit in a forward direction;

d. The driveway must be designed in accordance with AS2890.1 Off Street

Car Parking, including driveway width of a minimum of 3.0m; e. Sufficient manoeuvring space, and suitable design, which will ensure

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

f. The driveway serving the parking area includes a physical means of

speed control at the exit point.

Such works must be constructed to the satisfaction of the Chief Executive Officer prior to Commencement of Use and maintained for the life of the development.

Bicycle Parking 11. Provide and maintain two (2) secure bicycle parking spaces. The bicycle

parking area must be constructed prior to the Commencement of Use. Landscape plan 12. Submit to Council for acceptance a detailed landscape plan certified by a

suitably qualified Landscape architect or designer to landscape the site in accordance with the Statement of Landscape Intent listed below, prior to commencement of the use, and include in particular (the Statement of Landscape Intent):

a. Along the McCoombe street frontage: a. Along the Northern Property Boundary, the Eastern Property Boundary

and the McCoombe street frontage: i. The area of landscaping is to be for a minimum depth of two metres,

measured from the property boundary. This area is not to be used for any storage or mechanical plant;

15


ii. A mixture of shade trees and low planting is provided; and iii. Utilisation of appropriate species with regard to any site constraints

e.g. avoiding plants with invasive root systems in close proximity to property boundaries or infrastructure.

b. Shade trees are provided in car parks; c. An impervious footpath is to be provided: i. Between each car parking area to the main building entrance of the

approved land use; and ii. From the main building entrance of the approved land use to the

property frontage; and d. Prepare and provide a Landscape Maintenance and Management Plan

with the landscape plan detailing the maintenance and management regime(s) for the landscaping to ensure the landscape features of the development can be sustained.

All species are to be selected in accordance with Council’s Planning scheme policy – Landscaping.

The completion of all landscaping works must occur prior to Commencement of Use, in accordance with approved details submitted to Council. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Street Frontage Fencing 13. The existing chainwire security fence to the property frontage of future Lot 2B

is to be removed. Any proposed fences and/or walls to the street frontage are to be limited to the following: a. 1.2 metres in height if solid; or b. 1.5 metres in height if at least 25% visually transparent; or c. 1.8 metres in height if at least 50% visually transparent. Unless specified otherwise in Condition 9 (Acoustic Mitigation), details of the street fencing must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Boundary Fence 14. A minimum 1.8m high screen fence must be erected along the shared

boundary of future Lot 2 and 2B (as detailed on the Site Plan – See Appendix 1).

Unless specified otherwise in Condition 9 (Acoustic Mitigation), the boundary fencing must be constructed prior to Commencement of Use.

16


Refuse Collection and Storage 15. The development is to be serviced by a private waste collection contractor

and is not entitled to Council’s kerbside collection service.

The development must be designed to be serviced by on-site bulk bin collection for both waste and re-cycling. The refuse area must be imperviously sealed, bunded, roofed and fitted with a bucket trap to Council’s satisfaction and waste contractor’s requirements.

Details of the location and design of the bin enclosure must be demonstrated with further drawings or plans for acceptance by Council and established prior to the Commencement of Use.

The bin enclosure must be constructed in accordance with the approved details prior to the Commencement of Use.

Screening of Plant Equipment 16. All plant equipment visible from the street must be screened with appropriate

materials. Such screening must be completed prior to the Commencement of Use.

External Lighting 17. Install external lighting in accordance with AS4282 -2019 – Control of the

Obtrusive Effects of Outdoor Lighting. The installation of external lighting must be certified by a suitably qualified person prior to the commencement of use, and be maintained at all times.

Trade Waste 18. Any trade waste discharged to sewer must meet the requirements of Council’s

Trade Waste Environmental Management Plan (TWEMP). Detailed Hydraulic Plans must be provided accompanied by a report which demonstrates that the facility complies with the TWEMP and must be submitted to Council for acceptance prior to the issue of a Development Permit for Building Work. All measures for pre-treatment in accordance with the approved plans must be installed prior to the Commencement of Use.

Lawful Point of Discharge 19. The proposed development must not create ponding nuisances and/or a

concentration of stormwater flows to adjoining properties. Ponding 20. All stormwater from the property must be directed to a lawful point of

discharge such that it does not adversely affect surrounding properties or properties downstream from the development, to the requirements and satisfaction of the Chief Executive Officer.

17


Damage to Infrastructure 21. In the event that any part of Council’s existing infrastructure is damaged as a

result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, Cairns Regional Council must be notified immediately of the affected infrastructure and have it repaired or replaced at no cost to Council, prior to the commencement of use.

FURTHER ADVICE

1. All building site managers must take all action necessary to ensure building materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

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

relevant Local Laws and other statutory requirements. Infrastructure Charges Notice 3. A charge levied for the supply of trunk infrastructure is payable to Council

towards the provision of trunk infrastructure in accordance with the Infrastructure Charges Notice. The original Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Infrastructure Charges Notice has been calculated

according to Council’s Infrastructure Charges Resolution. Please note that this Decision Notice and the Infrastructure Charges Notice

are stand-alone documents. The Planning Act 2016 confers rights to make representations and appeal in relation to a Decision Notice and an Infrastructure Charges Notice separately.

The amount in the Infrastructure Charges Notice is subject to index

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

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

Notice. 4. For information relating to the Planning Act 2016 log on to

https://planning.dsdmip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au

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

18


LAND USE DEFINITIONS* In accordance with CairnsPlan 2016v1.3 the approved land use of Health Care Service is defined as*: “Premises for medical, paramedical, alternative therapies and general health care and treatment of persons that involves no overnight accommodation.” *This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

19


APPENDIX 1: APPROVED PLAN(S) AND DOCUMENT (S) Site Plan

20


Proposed Floor Plan - Health Care Services

21


APPENDIX 2: FNQROC STANDARD DRAWING(S)

22


APPENDIX 3 - Notice of Intention to Commence Use

Notice of Intention to Commence Use

DEVELOPMENT PERMIT

Planning Act 2016

Development Permit 8/30/298

Date of Approval 8 May 2020

Approved Use Health Care Service - 1 Lot into 2 Lots Location 150-172 McCoombe Street, Bungalow

Property Description Lot 2 on RP730391

I/we are hereby notifying Cairns Regional Council of my/our intention to commence the approved use outlined above

on ___________________________________________ (insert date).

I have read the conditions of the Decision Notice issued and believe that all the

applicable conditions have been complied with. Applicant:

Address:

Contact Phone:

Signature of Applicant/Owner:

Date:

23


APPENDIX 4: INFRASTRUCTURE CHARGES RAL

24


Health Care Services

carried unanimously

25


2. BRIDGE RENEWAL PROGRAM – ROUND 5 ...................................... 34

M Ringer | 81/1/13-01 | #6333921

MOLLER / OLDS That Council: 1. Submits an application for funding under Round 5 of the Bridge Renewal

Programme (BRP) for Behana Gorge Road Bridge No. 2 for $610,000. 2. Delegates authority to the Chief Executive Officer in accordance with the

Local Government Act 2009 to enter into contracts, negotiate, finalise and execute any and all matters relating to this matter subject to Council’s procurement practices and policies.

carried unanimously

3. SCHOOL TRANSPORT INFRASTRUCTURE PROGRAM (STIP)

GRANT FUNDING PROJECT PROPOSAL ......................................... 38

M Ringer | 81/1/13-01 | #6335785

ZEIGER / EDEN That Council submits an application for funding for $500,000 under the School Transport Infrastructure Program (STIP), for the signalisation of Windarra Street / Rigg Street intersection

carried unanimously

4. HEAVY VEHICLE SAFETY AND PRODUCTIVITY PROGRAM (HVSPP)

– ROUND 7 ........................................................................................ 42

M Ringer | 81/1/13-01| #6334955

OLDS / O’HALLORAN That Council: 1. Submits an application for funding under Round 7 of the Heavy Vehicle Safety

and Productivity Program (HVSPP) for the rehabilitation of Links Drive, Woree for $980,000.

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

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

carried unanimously

26


5. REPORT WITHDRAWN

6. REVIEW OF GENERAL POLICY - VEGETATION ON COUNCIL

CONTROLLED LAND: PLANTING, REMOVAL AND MAINTENANCE 60

Sam Cottrell | 81/1/13 | #6378535

MOLLER / EDEN That Council adopts the revised Vegetation on Council Controlled Land: Planting, Removal and Maintenance General Policy with amendments as determined by Council.

carried unanimously

7. PROJECT LAUNCH APPROVAL (PLA) FOR CONSTRUCTION

OF HOLLOWAYS BEACH GROYNES PG19069 ................................ 65

Heather Vaughan | 50/5/77 | #6366538

COGHLAN / OLDS That Council: 1. Approves the construction of the Holloway’s Beach groynes with an overall

Project Launch Budget of $2,050,000 excluding GST and an approved end date of 31 December 2020.

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

Local Government Act 2009 to enter into contracts, negotiate, finalise and execute any and all matters associated with or in relation to this project subject to Council’s normal procurement policies and practices.

carried unanimously

8. PROJECT LAUNCH APPROVAL FOR PCT14276 DEXTER BRIDGE

RENEWAL ......................................................................................... 77

Iain Brown | 81/1/13-01 | #6379121

MOLLER / COGHLAN That Council: 1. Approves the Dexter Bridge Renewal Project Launch Approval (PLA) with an

overall Project Launch Budget (PLB) of $2,000,000 and an Approved End Date (AED) of 26 March 2021; and

27


2. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to enter into contracts, negotiate, finalise and execute any and all matters associated with or in relation to this project subject to Council’s procurement practices and policies.

carried unanimously

9. ESPLANADE DINING PRECINCT PROJECT COMMENCEMENT OF

STAGE 1 WORKS ............................................................................ 84

Bruce Gardiner | 1/3/81 | #6383157

JAMES / EDEN That Council: 1. Endorses the fast-tracked commencement of the Esplanade Dining Precinct

Stage 1 works with an initial project budget of $5 million. 2. Delegates authority to the Chief Executive Officer in accordance with the

Local Government Act 2009 to enter into contracts, negotiate, finalise and execute any and all matters relating to this matter subject to Council’s procurement practices and policies.

3. Notes that reports will be brought back to Council for consideration prior to

commencement of Stage 2 and Stage 3 works. 4. Resolves to prepare a Tender Consideration Plan for the Esplanade Dining

Precinct and the Esplanade Lagoon Plaza projects. 5. Writes immediately to representatives of both the Queensland and Federal

Governments outlining the importance of this $28 million project, the window of opportunity associated with its delivery and seeks funding assistance for stages 2 and 3 noting they are planned to be delivered in the next 12 months.

carried with Councillor Zeiger voting against the motion.

10. MILL GARDENS AND GORDONVALE TO GREENPATCH HERITAGE

TRAIL ............................................................................................... 99

Luke Jackson | 73/2/27 | #6363079

MOLLER / ZEIGER That Council: 1. Notes Mulgrave Mill have withdrawn their offer to relocate the Draper Gates to

Mill Gardens; and

28


2. Supports the Mill Gardens and Gordonvale to Greenpatch Heritage Trail project proceeding as per the original project scope, excluding the Draper Gates relocation.

carried unanimously

11. RESCINDING THE TRADE WASTE ENVIRONMENTAL MANAGEMENT

PLAN GENERAL POLICY ................................................................ 106

JR | 87/15/1 | #6309265

OLDS / MOLLER That Council rescind the Trade Waste Environmental Management Plan General Policy.

carried unanimously

12. RESCIND THE MAYOR’S DISCRETIONARY FUND POLICY ........... 138

J Ritchie | 63/8/12-03 | #6383744

MOLLER / VALLELY That Council rescind the Mayor’s Discretionary Fund General Policy.

carried unanimously

13. COUNCILLOR APPOINTMENTS TO EXTERNAL BOARDS/BODIES 142

A Agius | 65/4/1-03 | #6355468

VALLELY / OLDS That Council determines its representation on the External Bodies listed in this report and shall be in accordance with the below list:

Board/Committee Representative (by position)

Nominated Department

Cairns Local Marine Advisory Committee

One Councillor Cr Olds IS

Reef Guardian Councils Cr Eden P&E

29




Cairns Art Gallery Board Mayor, 4 Councillors & CEO

Mayor Bob Manning

Cr Moller

Cr Vallely

Cr Coghlan

Cr O’Halloran

CEO

CS&CS

Cairns River Improvement Trust

Two Councillors (Div 1 Cr + Div 2 Cr)

Cr Zeiger

Cr Moller

IS

Cairns Townsville Mackay Water Alliance

One Councillor Cr O’Halloran W&W

FNQ Organisation of Councils Board (FNQROC) (only have one (1) Councillor attend.

Mayor & one Councillor Mayor Bob Manning

(Cr James – alternate)

P&E

FNQ Regional Road Group

One Councillor Cr Moller IS

Local Authority Waste Management Advisory Committee

One Councillor Cr Moller W&W

North Queensland Sports Foundation

One Councillor Cr Coghlan CS&CS

Queensland Climate Resilient Councils Program – LGAQ

One Councillor Cr James P&E

Coastal Council Adaptation Task Force (C-CAT) - LGAQ

One Councillor Cr James

(Sophie Barrett – alternate)

P&E

Cities Power Partnership - Climate Council

One Councillor Cr James

(Sophie Barrett – alternate)

P&E

ICLEI – Local Governments for Sustainability

One Councillor Cr Eden P&E

Flying Fox Advisory Committee

Cr Eden

Cr O’Halloran

CS&CS

Recreational Fishing Working Group

One Councillor Cr Olds CS&CS

30




Trinity Hub Community Consultation (Cairns and Hinterland Hospital and Health Service

1 councillor Cr Eden CS&CS

Bluewater Maintenance Dredging Technical Advisory Committee

2 Councillors Cr Coghlan

Cr Olds

IS

Local Disaster Management Group

2 councillors Cr James – Chair

Cr Manning – Deputy Chair

HR

carried unanimously

14. CHIEF EXECUTIVE OFFICER'S UPDATE ....................................... 154

John Andrejic | 93/1/2 | #6259870V8

MOLLER / OLDS

That Council notes the report.

carried unanimously

GENERAL BUSINESS

1. WET TROPICS MANAGEMENT AUTHORITY (WTMA) – YELLOW

CRAZY ANT

MOLLER / ZEIGER That Council Officers prepare an update report to Council in relation to initiatives and any partnership arrangement opportunities with Wet Tropics Management Authority (WTMA) pertaining to WTMA’s ‘Yellow Crazy Ant’ (YCA), current eradication program of any infestations within the Cairns Regional Council area, and how Council may also assist in future identification and community education around YCA.

carried unanimously

31


2. LAKE MORRIS ROAD GATE RELOCATION

Mr Andrejic declared a Conflict of Interest in the following item and left the meeting at 10:20 a.m. taking no part in the discussion.

JAMES / OLDS That Council:

1. Approves the relocation of the Lake Morris Road gate with closing times to restrict access at night to the lookout and other locations on the road.

2. Delegates authority to the Mayor in accordance with the Local

Government Act 2009 to enter into contracts, negotiate, finalise and execute any and all matters relating to this matter subject to Council’s procurement practices and policies.

carried unanimously

Mr Andrejic returned 10:27

32


STAY / GO VOTE FOR ITEM 1 CLOSED SESSION – LEGAL MATTER – PLANNING AND ENVIRONMENT APPEAL NO’S 228 & 229 OF 2018 (SEVMERE PTY LTD V CAIRNS REGIONAL COUNCIL) – 1 STRATFORD PARADE, STRATFORD – DIVISION 6

OLDS / VALLELY 1. Cr Manning, Cr Moller, Cr James and Cr O’Halloran are able to participate in the

discussion and vote on this matter.

2. The reasons Cr Manning, Cr Moller, Cr James and Cr O’Halloran are able to participate in the discussion and vote on this matter are as follows:

a. Cr Manning, Cr Moller, Cr James and Cr O’Halloran have informed the meeting of personal interests in the matter in accordance with section 174E(2) of the Local Government Act 2009 (Qld) (LGA);

b. Councillors present and able to vote on this matter are satisfied that, based on the above disclosure and representations made, Cr Manning, Cr Moller, Cr James and Cr O’Halloran have a perceived conflict of interest in the matter; and

c. Councillors present and able to vote on this matter are also satisfied that, based on the above disclosure and representations made and in balancing the ‘local government principles’ stated in section 4(2) of the LGA, the conflict of interest for Cr Manning, Cr Moller, Cr James and Cr O’Halloran in this matter is not considered to be significant enough to warrant a decision requiring Cr Manning, Cr Moller, Cr James and Cr O’Halloran to leave the meeting and not participate in the decision.

carried unanimously with Councillors Manning, Moller, James and O’Halloran not participating in the vote Meeting was adjourned 10:31 a.m. Meeting resumed 10:43 a.m.

CLOSED SESSION

MOLLER / O’HALLORAN

COUNCIL RESOLVED TO GO INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA:

1. LEGAL MATTER – PLANNING & ENVIRONMENT APPEAL NO’S. 228

& 229 OF 2018 (SEVMERE PTY LTD V CAIRNS REGIONAL COUNCIL)

– 1 STRATFORD PARADE, STRATFORD – DIVISION 6 ...................... 3


33


2. CONTRACTUAL MATTER – PROJECT LAUNCH APPROVAL AND

CONTRACT 55300 AWARD FOR THE LIGHTING UPGRADE STAGE

1A GRIFFITHS PARK MANUNDA PC18039 -02 ............................... 23

Wayne Dagleish | 50/2/38 | #6355886

3. STAFF MATTER – MAINTENANCE SERVICES ................................. 47

Bruce Gardiner | 1/3/21 | #6322893

4. CONTRACTUAL MATTER - CAPITAL WORKS AT THE CAIRNS

PERFORMING ARTS CENTRE .......................................................... 51

L Kirchner | 79/4/1 | #6381740

5. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ................ 56

Steve Crampton | 63/8/31-01 | #6382166

6. PREJUDICIAL MATTER – SUBMISSION TO THE SENATE

SELECT COMMITTEE ON COVID-19 ................................................ 60

S. Wiaczek | 58/6/1 | #6376865

carried unanimously

OUT OF CLOSED SESSION

COUNCIL RESOLVED TO MOVE OUT OF CLOSED SESSION

MOLLER / OLDS

carried unanimously

RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

1. LEGAL MATTER – PLANNING & ENVIRONMENT APPEAL NO’S. 228

& 229 OF 2018 (SEVMERE PTY LTD V CAIRNS REGIONAL COUNCIL)

– 1 STRATFORD PARADE, STRATFORD – DIVISION 6 ...................... 3


VALLELY / OLDS A. That Council instructs its Solicitors to write to the Appellant and advise that

Council does not accept the Without Prejudice offer to settle Planning and Environment Court Appeal No’s. 228 & 229 of 2018 being the Extension Applications for the existing Material Change of Use and Operational Works Development Approvals over the land;

34


B. That Council instructs its Solicitors to continue Planning and Environment Court Appeal No’s 228 & 229 of 2018 with a view to upholding Council’s original decision to refuse both Extension Applications; and

C. That Council delegates authority, pursuant to the Local Government Act 2009,

to the Chief Executive Officer for all other matters in relation to the carriage of Planning and Environment Court Appeal No’s. 228 & 229 of 2018.

carried unanimously

2. CONTRACTUAL MATTER – PROJECT LAUNCH APPROVAL AND

CONTRACT 55300 AWARD FOR THE LIGHTING UPGRADE STAGE

1A GRIFFITHS PARK MANUNDA PC18039 -02 ............................... 23

Wayne Dagleish | 50/2/38 | #6355886

O’HALLORAN / MOLLER That Council:

1. Approves the construction of the Lighting Upgrade Stage 1A at Griffiths Park Manunda with an overall Project Launch Budget of $2,278,182 excluding GST and an approved end date of 31 March 2021.

2. Awards Contract 55300 – Construction of Lighting Upgrade Griffiths Park Manunda to Haz-Elec Industries Pty Ltd for the amount of $1,728,635.68 excluding GST.

3. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to enter into contract, negotiate, finalise and execute any and all matters associated with or in relation to this project, subject to Council’s normal procurement policies and practices.

carried unanimously

3. STAFF MATTER – MAINTENANCE SERVICES ................................. 47

Bruce Gardiner | 1/3/21 | #6322893

MOLLER / OLDS That Council: 1. Proceeds with the next phases of the review of public litter bin collection and

public toilet cleaning services.

35


2. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to enter into contracts, negotiate, finalise and execute any and all matters relating to this matter subject to Council’s procurement practices and policies.

carried unanimously

4. CONTRACTUAL MATTER - CAPITAL WORKS AT THE CAIRNS

PERFORMING ARTS CENTRE .......................................................... 51

L Kirchner | 79/4/1 | #6381740

JAMES / EDEN That Council: 1. Notes the suite of emergent works proposed at Cairns Performing Arts Centre. 2. Delegates authority to the Chief Executive Officer in accordance with the

Local Government Act 2009 to enter into contract, negotiate, finalise and execute any and all matters associated with or in relation to this project, subject to Council’s normal procurement policies and practices.

carried unanimously

5. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ................ 56

Steve Crampton | 63/8/31-01 | #6382166

OLDS / MOLLER That Council notes the status of the outstanding debt owed to Council as of 20 May 2020.

carried unanimously

6. PREJUDICIAL MATTER – SUBMISSION TO THE SENATE

SELECT COMMITTEE ON COVID-19 ................................................ 60

S. Wiaczek | 58/6/1 | #6376865

MOLLER / ZEIGER That Council: 1. Approves the submission to the Senate Select Committee on COVID-19 in

response to their inquiry into the Australian Government’s response to the COVID-19 pandemic; and

36


2. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to finalise and lodge the submission.

carried unanimously

THE MEETING CLOSED AT 11:21 AM

CONFIRMED THIS 10th DAY OF JUNE 2020

……………………………………. MAYOR

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

cairns regional council homepage - cairns regional council ......2020/05/27 · minutes –...

Documents