cairns regional council ordinary meeting€¦ · 25/9/2013 · minutes – ordinary meeting 25...

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Minutes – Ordinary Meeting 25 September 2013 - #4128512

CAIRNS REGIONAL COUNCIL

ORDINARY MEETING

25 SEPTEMBER 2013

10:00 A.M.

PRESENT: Cr R Bates Cr S Brain Cr L Cooper Cr G Fennell Cr T James (Chairperson) Cr M O’Halloran Cr R Pyne Cr J Richardson Cr J Schilling APOLOGY: Cr B Manning Cr J Leu OFFICERS:

K Reaston A/Chief Executive Officer B Gardiner General Manager Infrastructure Services L Kirchner General Manager Corporate Services C Posgate General Manager Human Resources and Organisational

Change P Boyd A/General Manager Planning & Environment P Utting General Manager Water & Waste I Lowth General Manager Community, Sport & Cultural Services J Andrejic Chief Financial Officer R Holmes Manager Marketing &Communications L Guy Media Coordinator N Quinn Executive Manager Mayor’s Office B Spencer Manager Parks and Leisure N Beck A/Manager Development & Regulatory Services J Ritchie Coordinator Operating Accounting M Perkowicz Manager Cairns Works Construction S Godkin Minute Secretary

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TABLE OF CONTENTS

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

CONFIRMATION OF MINUTES OF ORDINARY MEETING 28/8/13 .............................. 4

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE WATER & WASTE COMMITTEE – 11/9/13..................................... 4

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE INFRASTRUCTURE COMMITTEE – 11/9/13 .................................. 4

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE COMMUNITY SERVICES COMMITTEE MEETING – 11/9/13 ......... 5

CONFIRMATION OF THE MINUTES OF THE PLANNING & ECONOMIC COMMITTEE MEETING – 11/9/13 ........................................................................................................ 5

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE GOVERNANCE COMMITTEE MEETING – 18/9/13 ........................ 5 AGENDA ITEM AS LISTED

1. RECONFIGURING A LOT (1 LOT INTO 99 LOTS) – VIXIES ROAD, WONGA – DIVISION 10 ........................................................................................................... 5

Leon Doutre : 8/13/1625 : #3255377

2. MATERIAL CHANGE OF USE (CODE) INDOOR SPORT & ENTERTAINMENT, BUSINESS FACILITIES & RESTAURANT –CAPTAIN COOK HIGHWAY, SMITHFIELD – DIVISION 9 .................................................................................. 16

S Graham : 8/7/2747: #4014758

3. MATERIAL CHANGE OF USE (CODE) HOUSE - 34 MURPHY STREET PORT DOUGLAS – DIVISION 10 .................................................................................... 24

J Elphinstone: 8/7/2772: #4053769

4. REQUEST TO EXTEND RELEVANT PERIOD MATERIAL CHANGE OF USE (IMPACT) - AIRCRAFT LANDING FACILITY-COMMERCIAL –6312R CAPTAIN COOK HIGHWAY PORT DOUGLAS – DIVISION 10 ........................................... 33

M Henderson : 8/8/1041 : #4042836

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5. PUBLIC OPEN SPACE POLICY .......................................................................... 33 L Jackson: 10/23/37: 4115152v2

6. 2013/14 CAPITAL WORKS BUDGET (EXCLUDING WATER & WASTE) SEPTEMBER 2013 REVIEW ................................................................................ 34

Terry Armit: 17/9/5: #4063787v1

7. 2013/14 CAPITAL WORKS BUDGET WATER AND WASTE – 3RD BUDGET REVIEW ................................................................................................................ 34

J Turner: 1/59/9: #4075377v2

8. CAIRNS REGIONAL COUNCIL THIRD BUDGET REVIEW 2013/14 (SEPTEMBER 2013)............................................................................................. 34

Jason Ritchie: 17/9/27-01: #4107189

9. CHIEF EXECUTIVE OFFICER'S STRATEGIC MONTHLY REPORT .................. 35 pmt: 1/3/37:#3913897v8

GENERAL BUSINESS 1. BUY BACK SHOP ............................................................................................... 35

CLOSED SESSION

1. PREJUDICIAL MATTER – INDEPENDENT RATE RELIEF TRIBUNAL ............. 36 Steve Crampton: 19/16/8-01: #4119377

2. CONTRACTUAL MATTER – CONTRACT 2428 FOR STEEL PEDESTRIAN BRIDGES FOR SOUTHERN CYCLEWAY PROJECT PCT13121 ....................... 37

Wayne Dagleish : 1/3/81-25: #4088651v2

3. CONTRACTUAL MATTER – PROCUREMENT OF GOODS AND SERVICES FOR THE CITY CENTRE ALIVE PROJECT FROM EXISTING REGISTERS OF PRE-QUALIFIED SUPPLIERS AND THE SOLE SUPPLIER REGISTER ........... 37

Martin Perkowicz: MP: 30/3/3-01: #4083607

4. PREJUDICIAL MATTER - DRAFT CAIRNS REGION PLANNING SCHEME NON-STATUTORY CONSULTATION ........................................................................... 38

Debbie Wellington: 8/26/28: #4119448

5. CONTRACTUAL MATTER – CONTRACT 75384 - DRAPER ROAD - LEASE OF LAND (PART OF LOT 7 ON RP808432) – DIVISION 1 ....................................... 38

S Kinnane: 24/18/106 #4094024v2

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APOLOGY Council notes the apology of Councillors Manning and Leu and grants leave of absence. CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST There were no conflict of interest or material personal interest declared. PURPOSE OF MEETING To consider the matters listed on the agenda.

CONFIRMATION OF MINUTES OF ORDINARY MEETING 28/8/13 O’HALLORAN / FENNELL That the Minutes of the Ordinary Meeting held on Wednesday, 28 August 2013 be confirmed. carried

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE WATER & WASTE COMMITTEE – 11/9/13 FENNELL / SCHILLING That the reports and recommendations of the Water & Waste Committee held on Wednesday, 11 September 2013 be adopted. carried

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE INFRASTRUCTURE COMMITTEE – 11/9/13 SCHILLING / O’HALLORAN That the reports and recommendations of the Infrastructure Committee held on Wednesday, 11 September 2013 be adopted. carried

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CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE COMMUNITY SERVICES COMMITTEE MEETING – 11/9/13 O’HALLORAN / RICHARDSON That the reports and recommendations of the Community Services Committee held on Wednesday, 11 September 2013 be adopted. carried

CONFIRMATION OF THE MINUTES OF THE PLANNING & ECONOMIC COMMITTEE MEETING – 11/9/13 BRAIN / FENNELL That the Minutes of the Planning and Economic Committee Meeting held on Wednesday, 11 September 2013 be confirmed. carried

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE GOVERNANCE COMMITTEE MEETING – 18/9/13 COOPER / RICHARDSON That the reports and recommendations of the Governance Committee held on Wednesday, 18 September 2013 be adopted. carried

1. RECONFIGURING A LOT (1 LOT INTO 99 LOTS) – VIXIES ROAD, WONGA – DIVISION 10 .................................................................... 5

Leon Doutre : 8/13/1625 : #3255377 FENNELL / SCHILLING A. That Council approves the development application for the Reconfiguring of

a Lot (1 Lot into 99 Lots) over land described as Lot 51 on SP155078, located at Vixies Road Wonga, 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:

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Drawing or Document Reference Date Reconfiguration Staging Plan

RPS 9339-20 Issue G 14 March 2013

Concept Filling & Drainage Plan

RPS 9339-37 (derived from PDR Engineers Drawing

10070-S01 Rev B)

7 May 2013

ASSESSMENT MANAGER CONDITIONS 1. 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; 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 2. The conditions of the Development Permit must be effected prior to

issue of a Compliance Certificate for the Plan of Survey, except where specified otherwise in these conditions of approval.

Amendment to Design

3. The existing alignment of Vixies Road and associated drainage features

is not considered conducive to the direct access proposed to support Lots 74-78. Provide to Council an amended Plan showing:

a. Lots 40, 85, 86 & 87 are identified as having limited utility. These

lots are to be redesigned or amalgamated with adjoining lots so as to be capable of accommodating a regular 600m² area for a building pad that meets all setback requirements;

b. A redesign of proposed Stage 7 where all lots are capable of

internal access; or

c. Provide a plan identifying how these lots are proposed to be accessed from Vixies Road. This Plan is to illustrate:

i. The alignment/treatment of Vixies Road to provide safe and

serviceable access; and

ii. The treatment of drainage lines and the method of driveway construction (culverts etc).

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The amended Plan is to be submitted to Council to the satisfaction of the Chief Executive Officer, prior to the issue of a Development Permit for Operational Works.

Concept Filling & Drainage Plan

4. The Concept Filling & Drainage Plan, referenced as RPS 9339-37 and

dated 7 May 2013, must be amended as follows:

a. Provide a plan identifying a building pad of minimum 600m² above the identified Q100 ARI flood interval level for each lot on site;

b. Finished levels for the pads on the easternmost sections of the

site must be at 3.4m AHD so as to provide suitable immunity from storm tide inundation; and

c. Location and finished levels for a dedicated on-site wastewater

treatment, being the 90m² required to accommodate the Wisconsin Mounds.

The amended Plan must be submitted to Council, to the satisfaction of the Chief Executive Officer, prior to submitting a Development Application for Operational Works. All filling is to be completed in accordance with the approved Plan during the Operational Works stage.

Building Envelope Plan

5. Provide a Plan nominating building envelopes for all habitable

buildings on each lot. These envelopes are to correspond with the 600m² building pads required by Condition 3 of this Development Permit.

The Building Envelope Plan must be submitted to Council, to the

satisfaction of the Chief Executive Officer prior to the issue of a Compliance Certificate for the Plan of Survey.

The applicant / owner must also ensure that the endorsed building

envelope plans are made known to all prospective purchasers of the lots.

Updated Stormwater Management Plan

6. The Wonga Beach Integrated Stormwater Management Plan, prepared

by BMT WBM and dated April 2013, must be updated so as to demonstrate that the additional fill required to achieve the higher finished design levels in Condition 3 of this Development Permit, will not have direct or cumulative impacts to neighbouring or downstream properties.

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The amended Plan must be submitted to Council, to the satisfaction of the Chief Executive Officer, prior to issue of a Development Permit for Operational Works.

Staging Plan

7. Provide further detail on the Reconfiguration Staging Plan, referenced

as RPS 9339-20 G and dated 14 March 2013. This includes specific information on the sequencing of proposed infrastructure and common property/parkland to support subsequent stages of development. This plan must be submitted to Council, to the satisfaction of the Chief Executive Officer, prior to the issue of a Development Permit for Operational Works.

Active Parkland

8. The existing ponds proposed to be included within the active parkland

for the site are to be filled, graded and grassed. The active parkland must be cleared of all pest and weed species. All works must be completed, to the satisfaction of the Chief Executive Officer, prior to the issue of a Compliance Certificate for the Plan of Survey.

Parkland Contributions

9. Provide the open space as shown on the Reconfiguration Staging Plan,

referenced as RPS 9339-20 G and dated 14 March 2013 and pay a monetary contribution equivalent to 4.3 per cent of the Unimproved Capital Value (UCV) of the created allotment/s or embellish the site (in accordance with a plan approved by Council) to the value of the contribution (i.e. 4.3 per cent of the UCV of the land) in accordance with the Douglas Shire Planning Scheme Policy.

At the time of seeking approval and dating of the Plan of Survey, a security equivalent to the amount payable must be submitted to Council or if embellishments are proposed, the embellishments must be installed to the satisfaction of the Council in accordance with a plan approved by Council. This security can take the form of a cash bond or bank guarantee. The amount payable must be determined by an appropriately qualified property valuer and must be submitted to Council as supporting information when seeking endorsement of the Survey Plan.

The contribution payable must be made within three (3) months of the registration of the allotment/s.

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External Works 10. Undertake the following external works:-

a. Construct access for Lot 80 in accordance with the FNQROC

Drawing S1105;

Three (3) copies of a plan of the works must be 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 plan prior to the issue of a Compliance Certificate for the Plan of Survey.

Plan of Drainage Works 11. The subject land must be drained to the satisfaction of the Chief

Executive Officer. This includes provision of the following:

a. Drainage infrastructure in accordance with the FNQROC Development Manual;

b. A spoon drain is to be included on the southern boundary of

proposed Lots 1, 2 & 3 between Snapper Island Drive and the existing drainage path. This drainage solution should mirror that proposed on Lots 4 & 5 and be incorporated into a 10m wide easement;

c. 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 ninety-five per cent of all foreign

matter with a minimum dimension of three (3) mm and shall be configured to prevent re-injection 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 three (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.

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iv. SQIDs shall be positioned so as to provide appropriate access for maintenance equipment.

d. All new allotments shall have immunity from flooding associated

with an ARI 100 year rainfall event; and

All drainage works must be completed to the satisfaction of the Chief Executive Officer, prior to the issue of a Compliance Certificate for the Plan of Survey.

Existing Creek and Drainage Systems 12. All existing creek systems and drainage areas 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 Environment & Resource Management for carrying out works in a watercourse.

Lawful Point of Discharge 13. 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.

Water Supply Master Plan 14. A Water Supply Master Plan accompanied by supporting calculations

must be provided which demonstrates how the development will be staged and serviced.

The Water Supply Master Plan must be endorsed by the Chief Executive

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

Water Supply Infrastructure Plan 15. An updated water supply infrastructure plan and supporting

information including hydraulic network analysis must be submitted demonstrating how the development will be serviced by Council’s Infrastructure. In particular the plan must:-

a. Identify external catchments that will be connected to the internal

water networks; b. Identify any trunk infrastructure external to the subdivision that

may require upgrading and/or extending to accommodate the development; and

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c. Connect the site from both Snapper Island Drive and Vixies Road to provide security of supply.

The Water Supply Infrastructure Plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Water Supply Works External

16. Undertake the following water supply works external to the site to connect the site to existing water supply infrastructure:-

a. The applicant/owner must carry out water supply works in

accordance with the approved Water Supply Infrastructure Plan; b. Connect to, and augment existing water supply infrastructure to

the extent necessary to accommodate the increased demand generated by the development;

c. Construct a new reservoir at Wonga Beach if the existing reservoir

has inadequate storage volume to service the development; and d. Construct 225dia trunk water mains along Mossman-Daintree

Road and Vixies Road.

Three (3) copies of a plan of the works must be 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 the Chief Executive Officer, prior to issue of a Compliance Certificate for the Plan of Survey.

Water Supply Works Internal 17. Undertake the following water supply works internal to the subject

land:-

a. Extend water mains such that each allotment can be provided with a water service connection to the lot frontage.

The above works must be designed and constructed in accordance with the FNQROC Development Manual. Three (3) copies of a plan of the works must be 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 the Chief Executive Officer prior to issue of a Compliance Certificate for the Plan of Survey.

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On-site Effluent Disposal 18. The development must be serviced by lot based on site sewerage

treatment and effluent disposal using a Wisconsin mound in accordance with the methodology set out in the On-site Wastewater Management Assessment dated March 2013 prepared by Gilbert & Sutherland Council reference # 3985743.

Earthworks for the pads intended for disposal areas must be constructed as part of the operational works in the locations specified and in accordance with section 4.8 of the On-site Wastewater Management Assessment. The level of the pad must be a minimum 300mm above the highest of either the seasonal high groundwater level or the Q100 flood level.

The property owner will be responsible for supply, installation and maintenance of the on-site sewerage treatment and disposal system. In addition, the property owner would be responsible for preparing a site specific design report and obtaining the necessary plumbing approvals. A notation must be placed on the rates file to this effect at the time of plan sealing.

Infrastructure Agreement 19. External works conditions requiring the design and construction of

water infrastructure may be eligible to be claimed against applicable water contributions in accordance with Council’s Headworks Policy providing construction is in accordance with the FNQROC Development Manual.

The applicant/owner must obtain permission from the Chief Executive Officer for the construction of any headworks infrastructure. The extent of water infrastructure works for construction and value of developer’s contribution credit for such works must be determined by the Chief Executive Officer prior to approval of a Development Permit for Operational Works. If such works generate a credit, Council and the applicant/owner shall enter into an Infrastructure Agreement. The Agreement shall document, to the satisfaction of both parties, the terms and conditions under which the applicant is to be reimbursed.

Damage to Infrastructure 20. In the event that any part of Council’s existing water 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, the applicant/owner must notify Water & Waste immediately of the affected infrastructure and have it

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repaired or replaced by Water & Waste, at the developer’s cost, prior to the commencement of use.

Electricity Supply 21. Written evidence from Ergon Energy advising if distribution

substation/s are required within the development must be provided. If required, details regarding the location of these facilities must be submitted to the Chief Executive Officer accompanied by written confirmation from Ergon Energy. Details regarding electricity supply must be provided prior to the issue of a Development Permit for Operational Works.

Electricity and Telecommunications 22. Written evidence of negotiations with Ergon Energy and the

telecommunication authority must be submitted to Council stating that both an underground electricity supply and telecommunications service will be provided to the development prior to the issue of a Compliance Certificate for the Plan of Survey.

Stockpiling and Transportation of Fill Material 23. Soil used for filling or spoil from the excavation is not to be stockpiled

in locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works.

Transportation of fill or spoil to and from the site must not occur within: a. peak traffic times; or b. before 7:00 am or after 6:00 pm Monday to Friday; or c. before 7:00 am or after 1:00 pm Saturdays; or d. on Sundays or Public Holidays.

24. Dust emissions or other air pollutants must not extend beyond the

boundary of the site and cause a nuisance to surrounding properties. Storage of Machinery and Plant 25. The storage of any machinery, material and vehicles must not cause a

nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Construction Access 26. Vehicular access to the site for construction and demolition purposes

must be provided from Vixies Road only, unless authorised by the Chief Executive Officer.

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CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

Department of Environment & Heritage Protection

DEHP 279643 – 120829 – EM700 – Version 2A (amended response)

18 July 2013 #4045953

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). ADVICE 1. This approval, granted under the provisions of the Sustainable

Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of the Sustainable Planning Act 2009.

2. 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.

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

other relevant Local Laws and other statutory requirements. 4. For information relating to the Sustainable Planning Act 2009 log on to

www.dsdip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

Infrastructure Charges Notice

5. A charge levied for the supply of trunk infrastructure is payable to

Council towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Adopted Infrastructure Charges Notice has been calculated according to Council’s Adopted Infrastructure Charges Resolution.

Please note that this Decision Notice and the Adopted Infrastructure Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.

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

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

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The amount in the Adopted Infrastructure Charges Notice is subject to index adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amount prior to payment.

The time when payment is due is contained in the Adopted Infrastructure Charges Notice.

Advice Statement for EPBC Act You are advised that the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 applies to action that has, will have or is likely to have a significant impact on matters of national environmental significance. Further information on the EPBC Act can be obtained from the Department of the Environment, Water, Heritage and the Arts website www.environment.gov.au/epbc EPBC Act Policy Statement 1.1 Significant Impact Guidelines Matters of National Environmental Significance (Oct. 2009).

B. That the following notations be placed on Council's rates record in respect

of the property:

1. All future habitable dwellings must be sited within the building envelope as detailed on the Building Envelope Plan held by Council. A copy of the Building Envelope Plan is available from Council's Planning Department.

2. The method of on-site effluent disposal must be in accordance with the

Plumbing and Drainage Act 2002. A report previously approved prior to compliance assessment of the Survey Plan is available from Council reference #3985743.

3. The property owner is responsible for supply, installation and

maintenance of the on-site sewerage treatment and disposal system. The property owner is responsible for preparing a site specific design report based on using a Wisconsin mound in accordance with the Gilbert and Sutherland report and obtaining the necessary plumbing approvals.

carried

http://www.environment.gov.au/epbc

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2. MATERIAL CHANGE OF USE (CODE) INDOOR SPORT & ENTERTAINMENT, BUSINESS FACILITIES & RESTAURANT –CAPTAIN COOK HIGHWAY, SMITHFIELD – DIVISION 9 ................. 34

S Graham : 8/7/2747: #4014758 FENNELL / COOPER That Council approves the Development Application for Indoor Sport & Entertainment, Business Facilities and Restaurant over land described as Lot 177 NR6432 and Lot 1 SP109016, located at the corner of the Kennedy Highway and the Captain Cook Highway, Smithfield, 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 Existing Hames Sharley Drawing 31416 – DA01 06/06/13 Site Plan Future Hames Sharley Drawing 31416 – DA03 05/15/13 Precinct Site Plan Hames Sharley Drawing 31416 – DA04 05/23/13 Ground Floor Hames Sharley Drawing 31416 – DA05 05/13/13 First Floor Hames Sharley Drawing 31416 – DA06 05/13/13 Bio Box Level Hames Sharley Drawing 31416 – DA07 05/15/13 Roof Plan Hames Sharley Drawing 31416 – DA08 05/15/13 Dry Walking Area Hames Sharley Drawing 31416 – DA09 05/22/13 East Elevations Hames Sharley Drawing 31416 – DA10 05/13/13 North & West Elevation Hames Sharley Drawing 31416 – DA11 05/13/13 West – East Section Hames Sharley Drawing 31416 – DA12 05/13/13 North-South Section Hames Sharley Drawing 31416 – DA13 05/13/13 Material Layering Hames Sharley Drawing 31416 – DA15 05/23/13 ASSESSMENT MANAGER CONDITIONS 1. 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;

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 2. The conditions of the Development Permit must be effected prior to

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

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Amendment to Design 3. The proposed development must be amended to accommodate the following

changes:

a. Provide a passenger pick up / drop off zone in proximity to the ground floor access to the cinema lobby entrance;

b. Provide a pedestrian crossing between the southern car park and the

proposed development in proximity to the ground floor access to the cinema lobby entrance;

c. Provide a solid fence or other suitable barrier along the rear boundary

adjoining the drainage reserve to prevent pedestrian / vehicle access through the reserve and to address the noise attenuation requirements as detailed in other relevant conditions of this approval.

Details of the above amendments must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

Water Supply and Sewerage Works Internal 4. The applicant/owner must undertake water supply and sewerage works

internal to the site to connect the proposed buildings to existing water supply and sewerage infrastructure.

All the above works must be designed and constructed in accordance with the FNQROC Development Manual.

Three (3) copies of the plan of the works must be endorsed by the Chief Executive Officer prior to commencement of works on site.

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.

5. CCTV inspections of Council sewers must be undertaken both prior to

commencement of works on site and at works completion where works have been undertaken over or to sewers. Defects must be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Commencement of Use.

6. In the event that any part of Council’s existing sewer/water 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, the applicant/owner must notify Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developer’s cost, prior to the Commencement of Use.

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Parking 7. The amount of vehicle parking must be as specified in the Traffic Impact

Assessment Report, dated 17 June 2013, prepared by Lambert & Rehbein (ref: B12418TR001_Final).

The total number of carparking spaces for the Shopping Centre when fully developed in accordance with this approval and other existing approvals is 1701 spaces.

The parking layout must comply with Australian Standard AS2890.1 2004 Parking Facilities - off street car parking and Australian Standard AS2890.2 2004 Parking Facilities - off street car parking – commercial vehicles.

8. The parking must be constructed in accordance with the FNQROC

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

Protection of Landscaped Areas from Parking 9. Landscaped areas adjoining the parking area must be protected from

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

Landscaping Plan 10. The applicant/owner must landscape the subject land and street frontages in

accordance with the FNQROC Development Manual and in accordance with a landscape plan endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. In particular, the plan must show:

a. Specific details and species selections for screening qualities for the

landscaping along the rear boundary, where possible;

b. The landscaping requirements of the Department of Transport and Main Roads;

c. Landscaping in car park traffic islands in proximity to the development

site; and d. Inclusion of all requirements as detailed in other relevant conditions

included in this Development Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

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Two (2) A1 copies and one (1) A3 copy of the landscape plan must be 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 Commencement of Use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Site Specific Drainage Plan 11. Prepare a site specific drainage plan to determine the drainage measures for

roof and surface water and the mitigation measures required to minimise such impacts. In particular, the plan must address the following:

a. The extent of the 100 year ARI flood event in relation to the site both pre

and post development;

b. Identify any requirement for drainage easements (if required);

c. Information on the proposed works and any impacts proposed at the drainage outlet from the proposed development;

g. Lawful point of discharge.

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. The drainage plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work with the necessary works being undertaken prior to Commencement of Use.

Minimum Fill and Habitable Floor Levels 12. All floor levels in all buildings must be located at a level above the Q100

flood immunity level determined by the above condition. Storage of Machinery and Plant 13. The storage of any machinery, material and vehicles must not cause a

nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Sediment and Erosion Control 14. The applicant/owner must submit a sediment and erosion control plan prior

the issue of a Development Permit for Building Works. Such plans are to 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 the FNQROC Development Manual).

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Refuse Storage 15. An area of a suitable size is to be provided at ground level to store the

number of commercial refuse bins required to service the respective stages of the development. Brochures on these requirements - ‘Requirements for Refuse Storage - Commercial Premises’ is available from Cairns Water & Waste.

16. Any refuse bin enclosures must be roofed and bunded and fitted with a

bucket trap. Liquid Waste Disposal 17. Trade waste discharge to sewer must meet the requirements of Cairns Water

and Waste’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 approved by Council 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 Commencement of Use.

Advertising Signage 18. Signs on the subject land must conform with Council's Local Laws (Control

of Advertising), to the requirements and satisfaction of the Chief Executive Officer.

External Lighting 19. All external lighting installed upon the premises including car parking areas

must be certified by Ergon Energy (or such other suitably qualified person). The lighting must conform with Planning Scheme requirements, whereby vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

Crime Prevention through Environmental Design 20. The applicant/owner must ensure that all lighting and landscaping

requirements comply with Council’s General Policy Crime Prevention through Environmental Design (CPTED). A CPTED Design and Plan is to be submitted to the Chief Executive for endorsement prior to commencement of use.

Health 21. Premises proposed for storage and preparation, handling, packing or

service of food must comply with the requirements of the Food Act 2006 and Food Safety Standards.

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22. Prior to construction or alteration (existing) of any premises used for storage, preparation, handling, packing or service of food, application for such must be made with Council’s Public Health Unit.

23. An application for construction or alteration (existing) of any food premises

must be accompanied by two copies of plans drawn to a scale not smaller than 1:100. Such plans are to include details of ventilation (including mechanical exhaust ventilation systems), finishes to walls, floors and ceilings, and details of the proposed layout and materials to be used in the construction of all equipment, benches, fixtures and fittings. The plans must include detailed cross sections of all areas to be included in the construction or alteration. All works must be carried out in accordance with the requirements of the Food Act 2006, Food Safety Standards and AS 4674 – 2004 – Design, construction and fit-out of food premises.

24. Prior to operation of the food business, the operator must hold a Food

Operators Licence under the Food Act 2006. Noise 25. A report prepared by a qualified Acoustical Consultant must be endorsed by

the Chief Executive Officer prior to the issue of the Development Permit for Building Work. The report must indicate design and construction features to be incorporated in the development to ensure that vehicle loading / unloading areas and any mechanical plant and equipment, including on the roof, will not cause adverse impacts on nearby residences.

26. 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 - Environmental Nuisance).

Air-Conditioning Screens 27. Air-conditioning units located above ground level and visible from external

properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

Above Ground Transformer Cubicles / Electrical Sub-Stations 28. Above ground transformer cubicles and/or electrical sub-stations are to be

positioned so that they do not detract from the appearance of the streetscape and must be clear of footpath areas. This will require cubicles / sub-stations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building. Details of the electrical sub-station positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work for the respective stage of development.

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Construction Signage 29. Prior to the commencement of any construction works associated with the

development, a sign detailing the project team must be placed on the road frontage of the site and must be located in a prominent position. The sign must detail the relevant project coordinator for the works being undertaken on the site, and must list the following parties (where relevant) including telephone contacts:

a. Developer; b Project Coordinator; c. Architect / Building Designer; d. Builder; e. Civil Engineer; f. Civil Contractor; g. Landscape Architect CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

Dept. Transport & Main Roads

TMR13- 006829(500/516)

13/08/2013 # 4075068

Dept. Environment & Heritage Protection

SPCL05761913(MCU) 15/08/2013 # 4113403

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act

2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 339 and 341 of the Sustainable Planning Act 2009 Sustainable Planning Act 2009.

2. 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.

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

relevant Local Laws and other statutory requirements.

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Infrastructure Charges Notice 4. A charge levied for the supply of trunk infrastructure is payable to Council

towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Adopted Infrastructure Charges Notice has been calculated according to Council’s Adopted Infrastructure Charges Resolution.

Please note that this Decision Notice and the Adopted Infrastructure Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.

The amount in the Adopted Infrastructure Charges Notice is subject to index adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amount prior to payment.

The time when payment is due is contained in the Adopted Infrastructure Charges Notice.

5. For information relating to the Sustainable Planning Act 2009 log on to


LAND USE DEFINITIONS* In accordance with CairnsPlan 2009 the approved land uses of ‘Indoor Sport & Entertainment’, ‘Business Facilities’ and ‘Restaurant’ are defined as follows: “Indoor Sport and Entertainment: Means the use of premises for sport, physical exercise, recreation or public entertainment predominantly within a building. The use includes facilities commonly described as sports centre, gymnasium, amusement and leisure centre, cinema, dance club, music club, nightclub, reception room, theatre, convention centre or function centre.” “Business Facilities Means the use of premises for: The conduct of a business or office where the principal activity is the provision of business or professional advice, services and goods or the office based administrative functions of any organisation;



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The medical or paramedical care or treatment of persons and which does not involve the accommodation those persons on the premises. The use includes: Facilities commonly described as professional office, real estate office, estate sales office, bank, building society, credit union or funeral parlour; Care or treatment by practitioners such as an acupuncturist, podiatrist, naturopath, chiropractor, dentist, general or specialist medical practitioner, optometrist, pathologist, physiotherapist or radiologist, together with ancillary services such as pharmacy.” “Restaurant Means the use of licensed or unlicensed premises for the provision of meals or light refreshments to members of the public for consumption on or off the premises. The use includes facilities commonly described as bistro, bar and grill, cafe, milk bar, snack bar, coffee shop, tearoom, takeaway, drive through food outlet or fast food outlet.” *These definitions are 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. carried

3. MATERIAL CHANGE OF USE (CODE) HOUSE - 34 MURPHY STREET PORT DOUGLAS – DIVISION 10 ..................................................... 98

J Elphinstone: 8/7/2772: #4053769 SCHILLING / FENNELL That Council approves the development application for a House over land described as Lot 126 on SP144708, located at 34 Murphy Street, Port Douglas, subject to the following:

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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 Proposed Site Plan Charles Wright

Architecture Drawing A300 Revision R2

26 August 2013

Proposed Site Plan & Undercroft Level Floor Plan

Charles Wright Architecture Drawing A301 Revision R4

26 August 2013

Proposed Floor Plan Level 1 & Level 2


26 August 2013

Colour Plan, Proposed Site Plans & Undercroft Level Floor Plan


26 August 2013

Colour Plan, Proposed Floor Plan, Level 1 & Level 2


26 August 2013

Proposed Pool & Undercroft, Suspended Slab & Footings


26 August 2013

Proposed South Elevation & East Elevation


26 August 2013

Proposed North Elevation & West Elevation


26 August 2013

Proposed Sections Charles Wright Architecture Drawing A411 Revision R4

26 August 2013

Existing & Proposed Driveway


26 August 2013

Landscape Plan Set: Cover Sheet; Existing Site Vegetation; Landscape Planting Concept – Trees & Palms; Landscape Planting Concept – Shrubs; Landscape Planting List & Specifications; Landscape Elevation – North/East; Landscape Elevation – West / South; and Landscape Drainage

Andrew Prowse Landscape Architect Drawings, Revision A: LP-P1.0; LP-P2.0; LP-P3.0; LP-4.0; LP-P5.0; LP-E1.0; LP-E2.0; and LP-D1.0.

13 August 2013

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Swale – Typical Detail. Geotechnical Investigation L126 Murphy Street

Golder Associates Report 137632049-001-R-Revision 1

August 2013

Cut & Fill Plan Report G &A Consulting Pty Ltd 4 September 2013 Benching Plan Drawing 13-3375 SK01 4 September 2013

Outline of Cut Bench Plan G &A Consulting Pty Ltd

Drawing 13-3375 SK02

4 September 2013

ASSESSMENT MANAGER CONDITIONS 1. 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; 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 2. The conditions of the Development Permit must be effected prior to

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

Air-Conditioning Screens 3. Air-conditioning units located above ground level and visible from

external properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

Lawful Point of Discharge 4. The flow of all external 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.

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Drainage Study of Site 5. Undertake a local drainage study on the subject land to determine

drainage impacts on downstream properties and the mitigation measures required to minimise such impacts. In particular, the post-development discharge of stormwater from the subject site must have no worsening effect on the drainage of upstream or downstream properties. The proposed development is not to create ponding nuisances and/or concentration of stormwater flows to adjoining properties.

In addition the drainage study needs to consider the upslope catchment

and flows and compare these to the existing capacity of the northern boundary drain. The drainage study needs to assess what freeboard the existing drain provides and what the impact of any blockages in the drain and inlet structure would have on its functionality. Should the study demonstrate that the drain is likely to overtop on a regular basis, the impact on the downstream batter and building needs to be considered and adequate erosion protection measures needs to be introduced to the design.

The study must also identify the need and location of any drainage

easements to convey stormwater to the lawful point of discharge. The drainage study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work with the necessary works being undertaken prior to Commencement of Use.

6. The concept for excavation and earthworks as detailed on G & A

Consultants Pty Ltd drawings 13-3375 SK01 and SK02 dated 4 September 2013 is generally approved subject to compliance with the geotechnical and drainage conditions as identified in the Golder Associates Geotechnical investigation report 137632049-001-R-Rev 1 dated August 2013. All construction works must be in regards to the requirements of the Golder Associates Geotechnical investigation report 137632049-001-R-Rev 1 dated August 2013 unless otherwise approved by the Chief Executive Officer.

Earthwork details must be endorsed by the Chief Executive Officer prior

to the issue of a Development Permit for Building Work. Such earthworks must be completed in accordance with the approved plans prior to the commencement of use.

Sediment and Erosion Control 7. Soil and water management measures 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 the FNQROC Development Manual).

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Structural Certification & Geotechnical Assessment 8. All earthwork batters steeper than 1 in 2 and/or higher than 1.8 metres

must be certified by a qualified Geotechnical Engineer prior to the Commencement of Use. All batters must be constructed in a manner that minimises the construction footprint and has the ability to be screened.

All retaining walls or structures higher than one (1) metre must be

structurally certified prior to the issue of a Development Permit for Building Work. The retaining wall must be constructed of materials and/or finished in colours, which blend with the surrounding natural environment.

Where the profile or height of the wall is redesigned during structural

certification, amended plans must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Stockpiling and Transportation of Fill Material 9. Soil used for filling or spoil from the excavation is not to be stockpiled

in locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works.

Transportation of fill or spoil to and from the site must not occur within: a. peak traffic times; b. before 7:00 am or after 6:00 pm Monday to Friday; c. before 7:00 am or after 1:00 pm Saturdays; or d. on Sundays or Public Holidays. 10. Dust emissions or other air pollutants, including odours, must not

extend beyond the boundary of the site and cause a nuisance to surrounding properties.

Vehicle Parking & Access Driveway 11. The amount of vehicle parking must be as specified in Council's

Planning Scheme which is a minimum of two (2) spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

The driveway’s surface roughness needs to be improved through using

a deep stencil print on the concrete surface, or similar approved methods.

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Water Supply and Sewerage Works External 12. Undertake the following water supply and sewerage works external to

the site to connect the site to existing water supply and sewerage infrastructure:-

a. Extend a 100 DN road crossing across Murphy Street terminating

just short of the access driveway on the western side of the lot frontage. Bore a 50mm conduit under the access driveway such that a water service can be made to the Lot.

The external works outlined above constitute Operational Works.

Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Water Supply and Sewerage Works Internal 13. Undertake the following water supply and sewerage works internal to

the subject land:- a. The development must be serviced by a single internal water and

sewerage connection made clear of any buildings or structures; b. Provide internal water pump and storage tanks to the extent

necessary to provide adequate supply and pressure at the house pad. A minimum pressure (50 kPa (5m head) as per Standard 3.3.2 of AS/NZ 3500.1:2003, Plumbing & drainage, Part 1: Water Services – refer to Advice 2) must be provided at the house pad;

c. Supply and installation construction of the pump and associated

pipework and fillings is to be at the applicant’s cost. 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 Commencement of Use.

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Damage to Council Infrastructure 14. In the event that any part of Council’s existing road infrastructure,

including any embankment on the road reserve, is damaged as a result of construction activities occurring on the site, including but not limited to; mobilisation of heavy construction equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s/owners/builders cost, prior to the Commencement of Use.

Retention of Vegetation 15. Trees identified to be retained as detailed on Drawing No LP-P2.0,

Project 1108 prepared by Andrew Prowse Landscape Architect dated 13 August 2013, as well as vegetation on the adjacent road reserve area of Owen and Murphy Streets together with the vegetation on the neighbouring Lot 1 on RP729453 and Lot 125on SP144708 Street must be protected from any damage to the trunk, roots and branches during the construction period. Effective fencing or barriers are to be installed and maintained in accordance with Australian Standard AS 4970-2009 Protection of trees on development sites.

The common boundaries with Council road reserve, excepting the

driveway entry point must be temporarily delineated and fenced off to restrict building access for the duration of construction activity.

16. All pruning of trees is to be in accordance with the requirements of

Australian Standard Pruning of Amenity Trees AS 4373-2007. Wildlife 17. Prior to removal of any tree, an inspection must be carried out for any

signs of protected wildlife including nests and animal habitat. Should any recent wildlife activity be identified, removal of the tree must not occur until the animal has vacated the area of immediate danger. If the animal does not move from the area of danger, the Queensland Parks and Wildlife Services must be contacted for advice. Important habitat trees should be retained wherever possible.

Notification of Vegetation Clearing 18. Council’s Development Assessment Branch must be notified two (2)

business days prior to the proposed date of commencement of any approved vegetation clearing.

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Landscaping 19. All landscaping and garden maintenance is to be in accordance with

the Landscape Planting Concept plans and Schedules, Project 1108 Drawings LP-P3.0, LP-P4.0, LP-P5.0 and LP-D1.0, revision A dated 13 August 2013 by Andrew Prowse, Landscape Architect.

Any change to the approved Landscape Plan must be to the

satisfaction of the Chief Executive Officer prior to the undertaking of works.

Building Colours 20. The exterior finishes and colours of Buildings are non-reflective and

blend with the natural colours of the surrounding environment. Roofs and structures (including water tanks) must be of moderately dark to darker shades of green, grey, blue and brown. Glazed balconies are to be non-reflective.

The applicant must also provide colour samples to the Chief Executive

Officer prior to the issue of the Development Permit for Building Works. The above requirements must be made known in writing to all

prospective purchasers. ADVICE 1. This approval, granted under the provisions of the Sustainable

Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of sections 339 and 341 of the Sustainable Planning Act 2009 Sustainable Planning Act.

2. Copy of the Building Siting Dispensation is included in Appendix 3. 3. Standard 3.3.2 AS/NZ 3500.1:2003 Plumbing & Drainage, Part 1: Water

Services, reads as follows: “3.3.2 Pressure at Outlets The minimum working head at the furthermost or most disadvantages

fixture or outlet shall not be less than 5- kPa (5 m head) at the flow rate specified in Table 3.1.

NOTE: Storage tanks complying with Section 8, or booster pumps

with Section11, may be required to achieve the minimum pressure.”

4. The applicant/owner is advised that this approval does not approve the

construction of the building work. A Development Permit for Building Work must be obtained in order for construction to commence.

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5. 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.

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

other relevant Local Laws and other statutory requirements. 7. For information relating to the Sustainable Planning Act 2009 log on to


LAND USE DEFINITIONS* In accordance with Douglas Shire Planning Scheme the approved land use

of House is defined as: House Means the use of premises comprising one Dwelling Unit, located on one lot

for the exclusive residential use of one Household. The use includes: • Outbuildings/structures incidental to and necessarily associated with

the residential use; • The care of children in accordance with the Child Care (Family Day

Care) Regulation 1991; • Accommodation for a member or members of the extended family of

the Household occupying the House and for personal staff; and • A display house which displays to the general public the type of

construction or design offered by a builder/developer, for a maximum period of twelve (12) months and which then converts to a House for the exclusive use of one Household.

*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.

B. The following notations will be placed on Council's future rates record: 1. The owner (s) of this lot will be responsible for providing adequate

pressure (50 kPa (5m head) as per Standard 3.3.2 of AS/NZ 3500.1:2003, Plumbing & drainage, Part 1: Water Services) to the house pad. Any pump required must be supplied, maintained and replaced at the owner’s expense.



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2. The exterior colour and materials of any proposed structures must be non-reflective and must blend with the natural colours of the surrounding environment. Details of the proposed building materials and colour scheme for the exterior walls, features and roof, including any changes to the building materials and colour scheme must receive prior approval from the Chief Executive Officer.

carried

4. REQUEST TO EXTEND RELEVANT PERIOD MATERIAL CHANGE OF USE (IMPACT) - AIRCRAFT LANDING FACILITY-COMMERCIAL –6312R CAPTAIN COOK HIGHWAY PORT DOUGLAS – DIVISION 10 .................................................................................................... 133

M Henderson : 8/8/1041 : #4042836 SCHILLING / BATES That Council approves the request to extend the Relevant Period of Development Permit 8/8/1041 over land located at 6312R Captain Cook Highway, Port Douglas, being Lot 16 on NR15, subject to the following: 1. That the relevant period is extended for a further two (2) years to 14 July

2015. 2. All other conditions of the Negotiated Decision Notice dated 10 July 2009

remain unchanged. carried

5. PUBLIC OPEN SPACE POLICY ..................................................... 160 L Jackson: 10/23/37: 4115152v2 SCHILLING / O’HALLORAN

That Council adopts the Public Open Space Policy. carried with Councillor Pyne voting against the motion.

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6. 2013/14 CAPITAL WORKS BUDGET (EXCLUDING WATER & WASTE) SEPTEMBER 2013 REVIEW .......................................................... 172

Terry Armit: 17/9/5: #4063787v1 FENNELL / O’HALLORAN That Council: 1. Adopts the funding and works variations to the 2013/14 Capital Works

Program for projects listed in this report and the attached schedules; and 2. Varies the 2013/14 Capital Works Budget accordingly (excludes Water &

Waste Capital Works). carried

7. 2013/14 CAPITAL WORKS BUDGET WATER AND WASTE – 3RD BUDGET REVIEW ......................................................................... 184

J Turner: 1/59/9: #4075377v2 BATES / FENNELL That Council:

• Adopts the funding and works variations to the 2013/14 Water and Waste Capital Works Program for projects listed in this report and the attached schedules; and

• Varies the 2013/14 Capital Works Budget accordingly.

carried

8. CAIRNS REGIONAL COUNCIL THIRD BUDGET REVIEW 2013/14 (SEPTEMBER 2013) ..................................................................... 197

Jason Ritchie: 17/9/27-01: #4107189 COOPER / RICHARDSON

That the budgeted Financial Statements prepared for the Third Budget Review 2013/14 be adopted by Council. carried

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9. CHIEF EXECUTIVE OFFICER'S STRATEGIC MONTHLY REPORT. 222 pmt: 1/3/37:#3913897v8 O’HALLORAN / BATES

That the report be noted. carried GENERAL BUSINESS

1. BUY BACK SHOP SCHILLING / O’HALLORAN That in relation to item 6 a report be presented to the next Water and Waste Committee submitting a business case for the buy back shop and gas generation and that no further action be taken until presented to Council. carried CLOSED SESSION O’HALLORAN / BRAIN COUNCIL/COMMITTEE RESOLVE INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA:

1. PREJUDICIAL MATTER – INDEPENDENT RATE RELIEF TRIBUNAL 3 Steve Crampton: 19/16/8-01: #4119377

2. CONTRACTUAL MATTER – CONTRACT 2428 FOR STEEL PEDESTRIAN BRIDGES FOR SOUTHERN CYCLEWAY PROJECT PCT13121 ........................................................................................ 7

Wayne Dagleish : 1/3/81-25: #4088651v2

3. CONTRACTUAL MATTER – PROCUREMENT OF GOODS AND SERVICES FOR THE CITY CENTRE ALIVE PROJECT FROM EXISTING REGISTERS OF PRE-QUALIFIED SUPPLIERS AND THE SOLE SUPPLIER REGISTER ........................................................... 14

Martin Perkowicz: MP: 30/3/3-01: #4083607

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4. PREJUDICIAL MATTER - DRAFT CAIRNS REGION PLANNING SCHEME NON-STATUTORY CONSULTATION ................................ 20

Debbie Wellington: 8/26/28: #4119448

5. CONTRACTUAL MATTER – CONTRACT 75384 - DRAPER ROAD - LEASE OF LAND (PART OF LOT 7 ON RP808432) – DIVISION 1 .... 25

S Kinnane: 24/18/106 #4094024v2 carried Cr Pyne left the meeting 10:27 a.m. Cr Pyne returned 10:35 a.m. OUT OF CLOSED SESSION COUNCIL/COMMITTEE RESOLVE TO MOVE OUT OF CLOSED SESSION COOPER / O’HALLORAN carried RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

1. PREJUDICIAL MATTER – INDEPENDENT RATE RELIEF TRIBUNAL 3 Steve Crampton: 19/16/8-01: #4119377 RICHARDSON / BATES That Council endorse the recommendations of the Independent Rate Relief Tribunal, as a result of a flying minute to all Tribunal members on 12 September 2013. carried

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2. CONTRACTUAL MATTER – CONTRACT 2428 FOR STEEL PEDESTRIAN BRIDGES FOR SOUTHERN CYCLEWAY PROJECT PCT13121 ........................................................................................ 7

Wayne Dagleish : 1/3/81-25: #4088651v2 BATES / BRAIN

That Council: a) Resolves in accordance with Section 232 of the Local Government

Regulation 2012, to enter into a contract with NQSF Pty Ltd trading as Fitzroy Fabrications under the Register of Prequalified Suppliers Contract 2428 – Supply of Trade Services for the fabrication of two steel pedestrian bridges for the Southern Cycleway Project for a lump sum price of $428,862.26 excluding GST.

b) Delegates authority to the Chief Executive Officer in accordance with

Section 257 of the Local Government Act 2009 to negotiate and finalise any and all matters associated with this Contract.

carried

3. CONTRACTUAL MATTER – PROCUREMENT OF GOODS AND SERVICES FOR THE CITY CENTRE ALIVE PROJECT FROM EXISTING REGISTERS OF PRE-QUALIFIED SUPPLIERS AND THE SOLE SUPPLIER REGISTER ........................................................... 14

Martin Perkowicz: MP: 30/3/3-01: #4083607 COOPER / O’HALLORAN That Council: 1) Approaches Contractors on Council’s existing Registers of Pre-Qualified

Suppliers and the Sole Supplier Register for the supply specific goods and services as required to expedite the construction of the City Centre Alive Project.

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 entering into contracts under these arrangements.

3) Require reports on a monthly basis to Council providing specific details on

procurement of items over $200,000 made under these arrangements. carried with Councillor Pyne voting against the motion.

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4. PREJUDICIAL MATTER - DRAFT CAIRNS REGION PLANNING SCHEME NON-STATUTORY CONSULTATION ................................ 20

Debbie Wellington: 8/26/28: #4119448 SCHILLING / RICHARDSON That Council: 1. Endorses the draft Cairns Region Planning Scheme (October 2013) for the

purpose of early non-statutory consultation to be undertaken from 30 September to 1 November 2013; and

2. Makes this report available to the public at the time of publishing the

minutes. carried

5. CONTRACTUAL MATTER – CONTRACT 75384 - DRAPER ROAD - LEASE OF LAND (PART OF LOT 7 ON RP808432) – DIVISION 1 .... 25

S Kinnane: 24/18/106 #4094024v2 ITEM WITHDRAWN carried THE MEETING CLOSED AT 10:53 A.M. CONFIRMED THIS DAY OF 2013 ………………………… ………………………………………. MAYOR CHIEF EXECUTIVE OFFICER

cairns regional council ordinary meeting€¦ · 25/9/2013 · minutes – ordinary meeting 25...

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