cairns regional council ordinary meeting · approval for building work house removal – (char–...

Minutes Ordinary Meeting – 9 December 2015 #4961341

CAIRNS REGIONAL COUNCIL

ORDINARY MEETING

9 DECEMBER 2015

9:00 A.M.

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

P Tabulo Chief Executive Officer B Gardiner General Manager Infrastructure Services K Reaston General Manager Planning & Environment G O’Byrne General Manager Water & Waste L Kirchner General Manager Community, Sport & Cultural Services J Andrejic Chief Financial Officer R Holmes Manager Marketing &Communications N Quinn Executive Manager Mayor’s Office S Godkin Minute Secretary

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TABLE OF CONTENTS

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

CONFIRMATION OF MINUTES OF ORDINARY MEETING 25/11/15 ........................... 4

AGENDA ITEMS AS LISTED

1. COMBINED DEVELOPMENT APPLICATION FOR PRELIMINARY APPROVAL FOR BUILDING WORK – HOUSE REMOVAL (CHARACTER PRECINCT), MATERIAL CHANGE OF USE – DUAL OCCUPANCY AND RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 23 FLEMING STREET, EDGE HILL – DIVISION 7 ................................................ 4

M Rookwood | 8/30/206 | #4950963

2. WORKPLACE GIVING PROGRAM FOR TURTLE REHABILITATION ................. 6 Dan Walton | 8/24/18-01 | #4714524

3. TRINITY BEACH SPORTS CLUB REQUEST FOR EXTENDED TRADING HOURS FOR TRINITY BEACH ROAD (NAUTILUS STREET), TRINITY BEACH ................................................................................... 6

Kylie Nolan | 8/20/6 | #4950852

4. MATERIAL CHANGE OF USE (COMBINED APPLICATION) SHOPPING FACILITIES, BUSINESS FACILITIES AND HOUSE – 1 FLEMING STREET, EDGE HILL – DIVISION 7 .................................................. 6

Michelle Henderson | 8/30/203 | #4956625

5. GRANT APPLICATION TO THE QUEENSLAND TOURISM INFRASTRUCTURE FUND 2016/17 “CONNECTING THE BOTANIC GARDEN VISITOR CENTRE TO FLECKER GARDEN” ..................................... 19

David Warmington | 19/9/4-06 | #4944008

6. QUEENSLAND GOVERNMENT CYCLE INFRASTRUCTURE GRANTS ........... 19 Joan Crawford | 8/23/9 | #4957097

7. RATES BASED FINANCIAL ASSISTANCE TO NOT FOR PROFIT RECREATION, SPORTING & COMMUNITY GROUPS FOR 2015/16 ................ 19

Rob Reilly | 17/49/9-06 | #4944045

8. DRAFT WET TROPICS RESOURCE OPERATIONS PLAN 2015 ....................... 20 B. Millar | 63/5/13 | #4950572

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GENERAL BUSINESS

1. TROUT CLOSE WATER PRESSURE .................................................................. 20

CLOSED SESSION

1. BUDGETARY MATTER – FAR NORTH QUEENSLAND FOOTBALL CLUB SUPPORT FOR THE HIRE OF BARLOW PARK ..................................... 21

Martin Bayliss | 19/9/25-04 | #4938690

2. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL - BEHANA MULGRAVE WATER SUPPLY SCHEME – SCOPING / PLANNING PHASE .................................................................................................................. 22

J Ward | 63/5/3 | #4906380

3. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL – PCS15501 – CONTRACT 75424 – AUGMENTATION OF RISING MAIN K ........ 22

P. Thoren | 63/5/6 | #4883456

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CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST Cr Fennell declared a real conflict of interest (as per Section 173 of the Local Government Act 2009) on Item 1 – Combined Development Application for Preliminary Approval for Building Work – House Removal – (Character Precinct), Material Change of Use, - Dual Occupancy and Reconfiguring a Lot (1 lot into 2 lots) – 23 Fleming Street, Edge Hill – Division 7 due to a personal relationship and left the meeting room, taking no part in the debate or decision of the meeting. PURPOSE OF MEETING To consider the matters listed on the agenda.

CONFIRMATION OF MINUTES OF ORDINARY MEETING 25/11/15 SCHILLING / O’HALLORAN That the Minutes of the Ordinary Meeting held on Wednesday, 25 November 2015 be confirmed. carried Cr Fennell left the meeting 9:01 a.m.

1. COMBINED DEVELOPMENT APPLICATION FOR PRELIMINARY APPROVAL FOR BUILDING WORK – HOUSE REMOVAL (CHARACTER PRECINCT), MATERIAL CHANGE OF USE –DUAL OCCUPANCY AND RECONFIGURING A LOT (1 LOT INTO 2 LOTS)– 23 FLEMING STREET, EDGE HILL – DIVISION 7 ............................... 3

M Rookwood | 8/30/206 | #4950963 Cr Fennell declared a real conflict of interest (as per Section 173 of the Local Government Act 2009) on this matter due to a personal relationship and left the meeting room, taking no part in the debate or decision of the meeting. O’HALLORAN / SCHILLING A. That Council Refuse the Development Application for Preliminary Approval

for Building Work Assessable Against the Planning Scheme – House Removal (Character Precinct), Material Change of Use – Dual Occupancy, and Reconfiguring a Lot (1 lot into 2 lots), based on the following grounds:

1. The part of the Development Application for Preliminary Approval for

Building Work Assessable Against the Planning Scheme – House Removal (Character Precinct) be refused, based on the following grounds:

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a. The proposed development conflicts with the Character Precinct

Overlay Code as demolition or removal of the existing dwelling is not supported where the dwelling is consistent in age and form to the identified character of the area and is not beyond repair.

b. The proposed development conflicts with the Residential 1 Planning Area Code as the removal of the dwelling will not maintain or enhance the residential character and amenity of the planning area.

c. There are insufficient grounds to approve the development despite the conflict.

2. The part of the Development Application for Material Change of Use –

Dual Occupancy is refused, in its current form, as it is contingent on the removal of the existing dwelling which is refused.

3. The part of the Development Application for Reconfiguring a Lot (1 lot

into 2 lots) is refused, in its current form, as it is contingent on the removal of the existing dwelling and the development of the Dual Occupancy on the site, both of which are refused.

B. That Council provides ‘in principle’ support for a Dual Occupancy

development on the site, subject to the following:

1. Compliance with the relevant local planning scheme applicable at the time of lodgement and all other relevant requirements; and

2. The proposed development retains the existing dwelling in a manner

that complies with all relevant requirements. C. That Council provides ‘in principle’ support for Reconfiguring a Lot (1 lot

into 2 lots), subject to the following:

1. Compliance with the relevant local planning scheme applicable at the time of lodgement and all other relevant requirements; and

2. The proposed development retains the existing dwelling in a manner

that complies with all relevant requirements.

carried with Councillors Bates, James and Schilling voting against the motion.

Cr Fennell returned 9:12 a.m.

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2. WORKPLACE GIVING PROGRAM FOR TURTLE REHABILITATION 29 Dan Walton | 8/24/18-01 | #4714524 O’HALLORAN / COOPER That Council endorse the establishment of a Reef Guardian Council Workplace Giving Program to support the Cairns Turtle Rehabilitation Centre, with Council’s contribution capped at $5,000 per annum. carried

3. TRINITY BEACH SPORTS CLUB REQUEST FOR EXTENDED TRADING HOURS FOR TRINITY BEACH ROAD (NAUTILUS STREET), TRINITY BEACH .............................................................. 36

Kylie Nolan | 8/20/6 | #4950852 FENNELL / RICHARDSON That the Applicant and the Department of Justice & Attorney-General, Office of Liquor & Gaming Regulation be advised that Council objects to the application for Extended Trading Hours for a Community Club Licence for Trinity Beach Sports Club located at Trinity Beach Road (Nautilus Street), Trinity Beach on the premises described as Lot 2 on RP902180 due to the trading hours extending beyond 12 am (which is inconsistent with Council’s Liquor Licencing Policy) and the close proximity to residential properties. carried with Councillor Brain voting against the motion.

4. MATERIAL CHANGE OF USE (COMBINED APPLICATION) SHOPPING FACILITIES, BUSINESS FACILITIES AND HOUSE – 1 FLEMING STREET, EDGE HILL – DIVISION 7 ............................... 43

Michelle Henderson | 8/30/203 | #4956625 SCHILLING / ZEIGER That Council approves the development application for a Material Change of Use for; Shopping Facilities, Business Facilities and House over land described as Lot 7 on RP711407, located at 1 Fleming Street, Edge Hill, 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 Site Plan Drawing no 1.03 Rev TP100 prepared by

Jesse Bennett Architect (Council ref no 4818498)

11 Jun 2015

Proposed Plan Drawing no 1.04 Rev TP100 prepared by Jesse Bennett Architect (Council ref no 4818498)

11 Jun 2015

Roof Plan Drawing no 1.05 Rev TP100 prepared by Jesse Bennett Architect (Council ref no 4818498)

11 Jun 2015

Proposed Elevations Drawing no 2.00 Rev TP100 prepared by Jesse Bennett Architect (Council ref no 4818498)

11 Jun 2015

Proposed Elevations Drawing no 2.01 Rev TP100 prepared by Jesse Bennett Architect (Council ref no 4818498)

11 Jun 2015

Artist Impressions Drawing no 2.02 Rev TP100 prepared by Jesse Bennett Architect (Council ref no 4818498)

11 Jun 2015

Landscape Plan Drawing no 2.03 Rev TP100 prepared by Jesse Bennett Architect (Council ref no 4818498)

11 Jun 2015

Carpark Plan Drawing no 2.04 Rev TP200 prepared by Jesse Bennett Architect (Council ref no 4871293)

7 Sept 2015

PART 1 – ASSESSMENT MANAGER CONDITIONS – NEW HOUSE 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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Notice of Intention to Commence Use 3. Prior to commencement of the use on the site, written notice must be given

to Council that the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced (Attached at Appendix 2).

Water Supply and Sewerage Works Internal 4. 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. Water supply sub-metering must be designed and installed in accordance with The Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008;

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.

Damage to Council Infrastructure 5. In the event that any part of Council’s existing sewer, water or road

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 Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s cost, prior to the Commencement of Use.

Vehicle Parking 6. 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.

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External Works 7. Undertake the following works external to the land at no cost to Council:

a. Reduce the width of the existing crossover and apron along the Fleming Street frontage in accordance with the FNQROC Development Manual Standard Drawing S1015 Rev C (for the residential use). Make good the kerb at the redundant portion of the residential crossover;

b. Repair any damage to existing kerb and channel, footway or roadway

(including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development.

The external works outlined above require approval from Council in

accordance with Local Law No.1 (Administration) and Local Law No.4 (Local Government Controlled Areas, Facilities and Roads). 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.

Stockpiling and Transportation of Fill Material 8. 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. 9. Dust emissions or other air pollutants, including odours, must not extend

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

Storage of Machinery and Plant 10. The storage of any machinery, material and vehicles must not cause a

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

Demolish Structures 11. All structures not associated with the approved development (including

disused services and utilities) must be demolished and/or removed from the subject land prior to Commencement of Use. The existing House must be

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retained and utilised for the purpose of Shopping Facilities and/or Business Facilities.

Landscaping Plan 12. The site must be landscaped in accordance with details included on a

Landscaping Plan. The Landscaping Plan must show: a. Deep planting of setback areas; b. Plantings to give protection to western walls;

c. Inclusion of any other relevant conditions included in this Development Permit.

A copy of this Development Approval must be given to the applicant’s

Landscape Architect/Designer. Two (2) A1 copies and one (1) A3 copy of the landscape plan must be

endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Building Colours 13. The exterior materials, finishes and colours of the proposed House are to

complement the existing buildings on the site, being the existing weatherboard cottage and garage.

Drainage 14. The existing bund wall is to be maintained on site. This wall can be featured

as part of the landscaping works with mounded garden beds instead of flat, turfed areas as indicated.

Lawful Point of Discharge 15. 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, all to the requirements and satisfaction of the Chief Executive Officer.

Sediment and Erosion Control 16. 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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Lighting / Electrical / Telecommunications: 17. Underground electricity and telecommunication services are to be provided

to the new House. 18. The applicant is to arrange through Ergon Energy the installation an

underground electricity service and pillar box located at a property boundary for connection of an underground consumer’s mains. An overhead electricity service line and overhead consumer’s mains to the property are not permitted.

PART 2 – ASSESSMENT MANAGER CONDITIONS – SHOPPING FACILITIES AND/OR BUSINESS FACILITIES 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.

Notice of Intention to Commence Use 3. Prior to commencement of the use on the site, written notice must be given

to Council that the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced (Attached at Appendix 2).

Air-Conditioning, Plant and Machinery Screens 4. Air-conditioning, plant and machinery 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.

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Water Supply and Sewerage Works Internal 5. 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. Water supply sub-metering must be designed and installed in

accordance with The Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008;

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.

Damage to Council Infrastructure 6. In the event that any part of Council’s existing sewer, water or road

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 Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s cost, prior to the Commencement of Use.

Hours of Operation 7. The approved hours of operation are: a. Shopping Facilities: Monday to Friday 8:00am-6:00pm; Saturday 8:00am-4:00pm; and b. Business Facilities: Monday to Friday 8:00am-6:00pm Refuse Storage 8. Refuse storage is required to service the site in accordance with Council

requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.

Vehicle Parking 9. The amount of vehicle parking must be as specified in Council's Planning

Scheme which is a minimum of two (2) spaces for the residential use, and five (5) spaces for the Shopping Facilities and/or Business Facilities use(s). The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in

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accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

10. The commercial access crossover and driveway providing access from

Pease Street is to be constructed in accordance with FNQROC drawing S1015 Rev C (Attached at Appendix 3).

Adequate clearance as per standards are to be provided between the

crossover and the existing services. Protection of Landscaped Areas from Parking 11. Landscaped areas adjoining the commercial parking area must be protected

by a 150 mm high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles.

Parking Signage 12. Erect signs advising of the location of the off-street visitor parking area and

access thereto. The signs must be erected prior to Commencement of Use. One (1) sign must be located on the Pease Street frontage.

Details of Development Signage 13. The development must provide clear and legible signage incorporating the

street number for the benefit of the public. Advertising Signage 14. Signs on the subject land must be located along the Pease Street frontage

only, and must conform with relevant Local Laws applied under the Cairns Regional Council Control of Advertising (Application of a Continuing Local Law) to the requirements and satisfaction of the Chief Executive Officer.

Bicycle Parking 15. Provide secured, on-site bicycle parking in accordance with Table C2.7 of

the AUSTROADS of Guide to Traffic Engineering Practice Part 11 – Parking. Based on the provisions in Table C2.7 (page 90) the minimum number of parking spaces required for this development is two (2) spaces. The bicycle parking area must be constructed prior to Commencement of Use.

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External Works 16. Undertake the following works external to the land at no cost to Council:

a. Provision of a concrete crossover and apron to provide access to the Shopping Facilities and/or Business Facilities land use(s) along the Pease Street frontage in accordance with FNQROC Development Manual Standard Drawing S1015 Rev C;

NB: The maximum grade for a cross-over is 2.5% and when the site fronts an

existing footpath the new cross-over must not interfere with existing footpath formation.

b. Repair any damage to existing kerb and channel, footway or roadway

(including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development.

c. Linemark parking spaces in front of and adjacent to the subject land

along the Pease Street frontage, and remove the associated timed parking sign on the Pease Street frontage and relocate it to the newly aligned on-street vehicle parking spaces;

The external works outlined above require approval from Council in

accordance with Local Law No.1 (Administration) and Local Law No.4 (Local Government Controlled Areas, Facilities and Roads). 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.

Stockpiling and Transportation of Fill Material 17. 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. 18. Dust emissions or other air pollutants, including odours, must not extend

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

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Storage of Machinery and Plant 19. The storage of any machinery, material and vehicles must not cause a

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

Demolish Structures 20. All structures not associated with the approved development (including

disused services and utilities) must be demolished and/or removed from the subject land prior to Commencement of Use.

Landscaping Plan 21. The site must be landscaped in accordance with details included on a

Landscaping Plan. The Landscaping Plan must show:

a. Deep planting of setback areas;

b. Plantings to give protection to western walls.

c. Inclusion of any other relevant conditions included in this Development Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

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

endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Building Colours 22. The exterior materials, finishes and colours of the existing House, (to be

used for Shopping Facilities and/or Business Facilities), are to be retained. Drainage 23. The existing bund wall is to be maintained on site. This wall can be featured

as part of the landscaping works with mounded garden beds instead of flat, turfed areas as indicated.

24. The access crossover is to incorporate a speed hump at the entry cross-

over along Pease Street. The speed hump will be dual-function through speed control and site inundation control. The speed hump is to align with bund wall.

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25. The proposed concrete path to the entry porch timber decking is to be removed with all planned egress via the paved path from the car park area, or alternatively, is to be ramped up to marry in with the shaping of the bund wall.

Lawful Point of Discharge 26. 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, all to the requirements and satisfaction of the Chief Executive Officer.

Sediment and Erosion Control 27. 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).

Screen Fence 28. An acoustic fence is to be erected along the common boundary with 3

Fleming Street for noise reduction purposes, to the satisfaction of the Chief Executive Officer. The fencing must be consistent in terms of design and materials with other fences in the locality. The fencing must be completed prior to the Commencement of Use.

Commercial Land Uses 29. Commercial land uses are to address the Pease Street frontage only. 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 or Section 363 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. This approval does not provide approval for the full range of uses provided

for under the definitions of Business Facilities and Shopping Facilities as the development does not provide adequate parking for some land uses with higher parking demands.

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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.

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

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

LAND USE DEFINITIONS* In accordance with CairnsPlan 2009 the approved land uses of Shopping Facilities, Business Facilities and House are defined as: Shopping Facilities Means the use of premises for the display and retail sale of goods and for

personal services such as betting (in the form of a TAB agency or similar facility), hair and beauty care, laundering and dry cleaning and other customer services.

The use includes the hiring out of small domestic items such as appliances,

entertainment, sporting and health equipment and the exchange of domestic items and clothing.

The use includes facilities commonly described as shop, supermarket,

department store, hardware store up to 500m2 GFA; stall, market or salon.

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

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

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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;

- 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.

House Means the use of a premises comprising self-contained accommodation located on a lot for the exclusive residential use of one household. The use includes: - Outbuildings and structures incidental to and necessarily associated with

the residential use; - The care of children in accordance with the Child Care Act 2002; - Accommodation for a member or members of the extended family of the

household occupying the house or for personal staff. The accommodation may be self-contained, but may not be separately let.

- The short term letting of a house for the purpose of holiday rental

accommodation. * 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 with Councillors O’Halloran, Cooper and Bates voting against the motion.

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5. GRANT APPLICATION TO THE QUEENSLAND TOURISM INFRASTRUCTURE FUND 2016/17 “CONNECTING THE BOTANIC GARDEN VISITOR CENTRE TO FLECKER GARDEN” ...................... 85

David Warmington | 19/9/4-06 | #4944008 SCHILLING / RICHARDSON That Council notes and supports the grant application to the Queensland Tourism Infrastructure Fund to enhance the connection between the Botanic Gardens Visitor Centre and Flecker Garden. carried

6. QUEENSLAND GOVERNMENT CYCLE INFRASTRUCTURE GRANTS ......................................................................................................... 90

Joan Crawford | 8/23/9 | #4957097 COOPER / FENNELL That Council endorses a funding application under the 2016/17 Cycle Network Grants program to the value of $2,500,000 for the Northern Beaches Leisure Trail – Palm Cove to Trinity Beach. carried Cr Cooper left the meeting 9:33 a.m.

7. RATES BASED FINANCIAL ASSISTANCE TO NOT FOR PROFIT RECREATION, SPORTING & COMMUNITY GROUPS FOR 2015/16 96

Rob Reilly | 17/49/9-06 | #4944045 O’HALLORAN / SCHILLING That Council:

1. grants Rates Based Financial Assistance (RBFA) of $411,353.64 to Not for Profit Recreation, Sporting & Community Groups for the half year ended 30 June 2016 and the amounts specified in the attached schedules be credited to the respective rate files in line with policy.

2. approves a further $21,158.79 provided for the Cairns Show Association to 30 June 2016 and that subsequent rates assistance be approved for the term of the Resource and Performance Agreement to be funded from the RBFA budget allocation.

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3. delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to approve any late applications (to a maximum of $10,000).

carried

8. DRAFT WET TROPICS RESOURCE OPERATIONS PLAN 2015 ...... 105 B. Millar | 63/5/13 | #4950572 SCHILLING / FENNELL That Council delegates authority to the Chief Executive Officer to provide a submission for the draft Wet Tropics Resource Operations Plan to the Department of Natural Resources and Mines, in consultation with the Chair of the Water and Waste Committee. carried GENERAL BUSINESS

1. TROUT CLOSE WATER PRESSURE JAMES / BATES Water pressure in Trout Close is very low. Council to investigate and prepare a report on the issue recommending a short and long term solution for increased pressure. carried with Cr Schilling voting against the motion. CLOSED SESSION BATES / O’HALLORAN COUNCIL RESOLVED TO GO INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA:

1. BUDGETARY MATTER – FAR NORTH QUEENSLAND FOOTBALL CLUB SUPPORT FOR THE HIRE OF BARLOW PARK ........................ 3

Martin Bayliss | 19/9/25-04 | #4938690

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2. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL - BEHANA MULGRAVE WATER SUPPLY SCHEME – SCOPING / PLANNING PHASE ........................................................................... 16

J Ward | 63/5/3 | #4906380

3. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL –PCS15501 – CONTRACT 75424 – AUGMENTATION OF RISING MAIN K ....................................................................................................... 23

P. Thoren | 63/5/6 | #4883456 carried OUT OF CLOSED SESSION COUNCIL RESOLVED TO MOVE OUT OF CLOSED SESSION SCHILLING / RICHARDSON carried RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

1. BUDGETARY MATTER – FAR NORTH QUEENSLAND FOOTBALL CLUB SUPPORT FOR THE HIRE OF BARLOW PARK ........................ 3

Martin Bayliss | 19/9/25-04 | #4938690 O’HALLORAN / SCHILLING That Council offers a Resource and Performance Agreement for a term of one year from January 2016, with two additional one year options at Council’s discretion to the Far North Queensland Football Club Inc to be reviewed annually, for ‘In Kind’ venue hire and associated costs at Barlow Park up to a value of $35,213.10 (including GST) per annum. carried

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2. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL - BEHANA MULGRAVE WATER SUPPLY SCHEME – SCOPING / PLANNING PHASE ........................................................................... 16

J Ward | 63/5/3 | #4906380 BATES / SCHILLING That Council: 1. Notes the progress to date of the Behana Mulgrave water supply scheme

(BMWSS) – scoping / planning phase; and 2. Approves the Project Launch Approval for the BMWSS – scoping / planning

phase. carried

3. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL –PCS15501 – CONTRACT 75424 – AUGMENTATION OF RISING MAIN K ....................................................................................................... 23

P. Thoren | 63/5/6 | #4883456 BATES / FENNELL That Council: 1. Approves the award of Contract 75424 – Augmentation of Rising Main K to

JPMI Pty Ltd, for the lump sum of $3,230,504.00 excuding GST, and 2. Approves the Project Launch Approval for project PCS15501; and 3. Delegates authority to the Chief Executive Officer in accordance with the

Local Government Act 2009 to: a. approve the appropriate project expenditure up to the level of the

Project Launch Budget; and b. finalise any and all matters relating to the above contract.

carried

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THE MEETING CLOSED AT 9:45 AM CONFIRMED THIS 16th DAY OF December 2015 ……………………………………. MAYOR

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

cairns regional council ordinary meeting · approval for building work house removal – (char–...

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