cairns regional council ordinary meeting...l sparkes manager cultural service facilities t dendle...

Minutes – Ordinary Meeting 21 March 2012 - #3531053

CAIRNS REGIONAL COUNCIL

ORDINARY MEETING

21 MARCH 2012

10:00 A.M.

PRESENT: Cr V Schier (Chairperson) Cr A Blake Cr S Bonneau Cr M Cochrane Cr L Cooper Cr D Forsyth Cr P Gregory Cr N Lanskey Cr R Pyne APOLOGY: Cr J Leu OFFICERS:

L Russell Chief Executive Officer R McKim General Manager Infrastructure Services L Kirchner General Manager Corporate Services P Tabulo General Manager Planning & Environment B Gardiner General Manager Water & Waste I Lowth General Manager Community, Sport & Cultural Services K Reaston Manager Development Assessment F Dix A/Manager Marketing & Communications L Guy Media Coordinator B Finegan Manager Project Services L Sparkes Manager Cultural Service Facilities T Dendle Team Leader Sport & Recreation P Boyd Manager Planning Strategies S Agius Manager Business Support M Cole Manager Service Quality J Brozek Manager Finance L Whitton Senior Coordinator Financial Accounting R Reilly Senior Coordinator Revenue & Collection S Crampton Supervisor Revenue Collections F Wilson Manager Economic Development L Giacomi Property & Administration Team Leader S Godkin Minute Secretary


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APOLOGY

Council notes the apology of Councillor Leu due to road closures and grants leave of absence. PURPOSE OF MEETING To consider the matters listed on the agenda.

CONFIRMATION OF MINUTES OF ORDINARY MEETING 07/03/12 BLAKE / FORSYTH That the Minutes of the Ordinary Meeting held on Wednesday, 7 March 2012 be confirmed with the exception of Item 1 in Closed Session Legal Matter – Settlement of Appeal – Material Change of Use Multi Unit Housing, prescribed tidal works and preliminary approval for operational works, Williams Esplanade and 3L Coal Coast Drive Palm Cove. The motion was carried with Cr Leu, Cr Forsyth and Cr Pyne voting against motion carried

1. LEASE ARRANGEMENTS AT ENDEAVOUR PARK, MANUNDA SPORTING PRECINCT................................................................. 1

K Richardson : 19/3/3-106: #3514033 Cr Cochrane declared that a perceived conflict of interest in this matter could exist (as per Section 173 of the Local Government Act 2009), due to her being Patron of Soccer Cairns, and left the meeting room, taking no part in the debate or decision of the meeting. FORSYTH / BLAKE That Council notes the report. carried


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2. CAIRNS BLUES FESTIVAL – REQUEST FOR EXTENSION OF HOURS ....................................................................................... 7

Malcolm Robertson: 1/59/3-01: #3513539 BLAKE / FORSYTH That Council resolves to approve the request for extension of hours until 10:30pm for Cairns Blues Festival. carried

3. PUBLIC ART ADVISORY GROUP MINUTES AND DRAFT PUBLIC ART PLAN ................................................................................ 13

Lesley Buckley LB:10/25/3-01: #3510851 COOPER / COCHRANE That Council: a) notes the minutes of the Public Art Advisory Group (PAAG) meeting held

Tuesday 28 February 2012; and b) approves the recommendations made by the PAAG that the draft Public Art

Plan 2012-2017 is adopted by Council . carried

4. QUEENSLAND GREENSPACE STRATEGY 2011-2020 IMPACT ON CAIRNS REGIONAL COUNCIL ................................................... 41

Louise Dixon LD & Joan Crawford JD: 1/58/16: #3455951v4 FORSYTH / LANSKEY That Council notes the Queensland Greenspace Strategy 2011-2020. carried


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5. MAJOR PROJECTS STATUS REPORT – COMMUNITY, SPORT & CULTURAL SERVICES .............................................................. 68

Brad Finegan: 1/3/81-23: #2143323v35 COCHRANE / FORSYTH That Council notes the status of major capital works projects being undertaken by Project Services Branch on behalf of Community, Sport & Cultural Services Department. carried

6. PROVISIONING OF FREE WI-FI SERVICE WITHIN THE CAIRNS CBD .......................................................................................... 79

Andrew Carline: 1/3/31-13: #3519370 COOPER / BLAKE That Cairns Regional Council (CRC) progress a two phased approach to the delivery of Wi-Fi Services within the CBD as detailed in the report. carried

7. LOCAL GOVERNMENT ASSOCIATION OF QUEENSLAND (LGAQ) MOTIONS ................................................................................. 84

Darryl Crees: 1/3/87-08: #3519682 Cr Gregory declared that a perceived conflict of interest in this matter could exist (as per Section 173 of the Local Government Act 2009), due to being a member of the Executive for the Local Government Association Queensland, and left the meeting room, taking no part in the debate or decision of the meeting. COOPER / COCHRANE That Council endorses this report and resolves to vote in favour of the motions to be considered at the Special General Meeting of the Local Government Association of Queensland. That Council delegates authority to the Chief Executive Officer in accordance with Section 257 of the Local Government Act 2009 to finalise all matters associated with postal voting for the Special General Meeting of the Local Government Association of Queensland. carried


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8. FINANCIAL STATEMENTS FOR THE PERIOD ENDED 24 FEBRUARY 2012....................................................................... 95

Kate Doyle: 17/49/9-06 # 3496903 v1 COOPER / FORSYTH That Council notes the financial statements for the period ended 24 February 2012. carried

9. GENERAL POLICY - REVALUATION OF NON CURRENT ASSETS............................................................................................... 118

Lisa Whitton : 1/59/9-02: #3522590

FORSYTH / LANSKEY That Council approves the revised Revaluation of Non-Current Assets General Policy.

carried

10. FINALISATION OF ACQUISTION OF LAND, LOT 3 ON SP222340, 5 HILLSIDE CLOSE, AEROGLEN FOR DRAINAGE PURPOSES – DIVISION 8 ............................................................................. 130

Martine Care: 19/3/3-106: #3522665 COCHRANE / FORSYTH That Council notes: • That settlement was effected on 2 February 2012 for the acquisition of land,

Lot 3 on SP222340, 5 Hillside Close Aeroglen. • That $222,106.91 (including GST) has been expended from the Open Space

Reserve to fund this acquisition. carried


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11. CORPORATE SERVICES MONTHLY REPORT FOR FEBRUARY 2012 ....................................................................................... 137

Linda Kirchner: sg : 1/3/87-08: #3222029v6 COCHRANE / FORSYTH That Council receives and notes the report of the Corporate Services Department for the month of February 2012. carried

12. TRUNK INFRASTRUCTURE CONTRIBUTIONS: INFRASTRUCTURE CHARGES DISCOUNT UPDATE ............................................... 174

Peter Boyd : 8/20/16: #3517808 BLAKE / COOPER That Council A. notes the report. B. notes that six requests for extension of time have been received and

resolves not to grant an extension to the 30 June completion date until such time as the 30 May 2012 progress updates have been considered by Council.

C. encourages those developers who have not commenced to meet with

Council officers to discuss the future of their projects. carried

13. APPLICATION FOR ENTRY OF GREEN ISLAND UNDERWATER OBSERVATORY IN THE QUEENSLAND HERITAGE REGISTER. 178

Kelly Coppin: 8/27/3: #3520094 LANSKEY / BLAKE That Council notes the report and provides no objection to the recommendation to include the Green Island Underwater Observatory in the Queensland Heritage Register. carried


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14. PLANNING INSTITUTE OF AUSTRALIA QUEENSLAND STATE CONFERENCE – OCTOBER 2012 – SPONSORSHIP OPPORTUNITIES .................................................................... 189

Peter Boyd : 8/27/3: #3519044 FORSYTH / BLAKE That Council approves Sponsorship for the Planning Institute of Australia Queensland State Conference to be held in Cairns October 2012 to a maximum of $7,000. carried

15. FOR APPROVAL TO EXHIBIT ONE TRI-SIDED ILLUMINATED FREESTANDING PYLON ADVERTISEMENT AND ONE FREESTANDING ADVERTISEMENT – LOT 126 ON RP713486, 181 WOODWARD STREET, EDGE HILL. .......................................... 215

Kylee Miller: 8/1/3-45: #3517912 COCHRANE / BLAKE That Council:-

1. Refuses the application to exhibit one tri-sided illuminated freestanding pylon advertisement advertising Edge Hill Memorial Bowls Club; and

2. Approves the application to exhibit one freestanding advertisement

advertising off street parking for Edge Hill Memorial Bowls Club;

at Lot 126 on RP713486, 181 Woodward Street, Edge Hill. carried with Councillor Gregory voting against the motion.


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16. RESPONSE TO DEPARTMENT OF JUSTICE & ATTORNEY-GENERAL, OFFICE OF LIQUOUR & GAMING REGULATION –– APPLICATION FOR A VARIATION TO COMMUNITY CLUB LICENCE FOR THE GERMAN-AUSTRIAN-SWISS ASSOCIATION OF FAR NORTH QUEENSLAND INC - DIVISION 5. ........................ 224

Kelly Barnes: 8/20/6-08: 3511910 BLAKE / COCHRANE That the applicant and the Department of Justice & Attorney-General, Office of Liquor & Gaming Regulation be advised that Council does not object to the application for a Temporary Variation to the Community Club Licence for the German-Austrian-Swiss Association Of Far North Queensland Inc, located at 57 Winkworth Street, Bungalow and described as Lot 69 on RP701471. carried

17. RESPONSE TO DEPARTMENT OF JUSTICE & ATTORNEY-GENERAL, OFFICE OF LIQUOR & GAMING REGULATION –– APPLICATION FOR COMMERCIAL OTHER (SUBSIDIARY ON PREMISES) LICENCE FOR THE TANKS ART CENTRE EDGE HILL - DIVISION 7. ............................................................................ 232

Kelly Barnes: 8/20/6-08: 3520422 COCHRANE / FORSYTH That the applicant and the Department of Justice & Attorney-General, Office of Liquor & Gaming Regulation be advised that Council does not object to the Application For Commercial Other (Subsidiary On Premises) Licence for the Tanks Art Centre 46-62 Collins Ave Edge Hill and described as Lot 349 on RP715416. carried with Councillors Bonneau and Blake voting against the motion.


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18. NEGOTIATED DECISION FOR MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A HOUSE - 5 SPRINGMEADOW CLOSE BRINSMEAD – DIVISION 6 ...................................................... 237

Michelle Henderson: 8/7/2377 SEDA :#3522985 COOPER / PYNE That Council approves in part and refuses in part the request for a Negotiated Decision for the Material Chagne of use (code) application for a house over land described as Lot 154 on SP164257 located at 5 Springmeadow Close, Brinsmead subject to the following:

1. Condition 3(a) and condition 3(b) be deleted 2. Condition 9 to be retain in its entirety; and 3. All other conditions remain as stated in the Decision Notice issues on 31

January 2012 (reference 3468645). Rationale: Condition 3(b) relates to the provision of fixed louvers/screens to the balcony areas of the upper and lower floors of the house along the southern boundary. Complaints were received by one neighbour, who resides on the north/western block to this property. This neighbour is screened by existing vegetation, and is not affected by the installation of further fixed screening. Condition 3(b) is to provide amenity protection for residents of 3 Springmeadow Close. These residents have provided a letter advising they have no issue with the current house design, hence the request to delete this condition. carried with Councillors Pyne and Lanskey voting against the motion.

19. RECONFIGURING A LOT (1 LOT INTO 24 LOTS) UNDER THE SUPERSEDED PLANNING SCHEME – FROND CLOSE, REDLYNCH – DIVISION 6 ........................................................................... 253

L Jackson : 8/35/43 : #2559001 COOPER / COCHRANE A. That Council refuse the development application for Reconfiguring a Lot

over land described as Lot 2 SP 182462, located at Frond Close, Redlynch, as directed by the Department of Environment and Resource Management by correspondence dated 30 November 2011, and

B. That Council provide the applicant with the following advice:- It is acknowledged and anticipated by the Balance Scheme and CairnsPlan

that part of this land will be developed for low density residential development in accordance with the intent of the planning area. Council


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does not raise any concerns with the land use, however the ability to provide serviceable, accessible and appropriate lots and building envelopes on the site, given the significant site constraints, requires further investigation. An amended design addressing the constraints of the site is required.

For the reasons identified above and given that the land is contained within

the Low Density Residential Zone/Planning Area, Council would support the issue of a Preliminary Approval for the development subject to compliance with requirements attached at appendix 3.

carried Cr Cooper left the meeting 10:58 a.m. Cr Cooper returned 11:01 a.m.

20. RESPONSE TO PRELODGEMENT ENQUIRY - PROPOSED TOURIST ATTRACTION (AUSTRALIAN ARMOUR & ARTILLERY MUSEUM) – CAPTAIN COOK HIGHWAY BARRON – DIVISION 8 .................. 287

Gary Warner : 8/20/2: #3522328 COCHRANE / BLAKE 1. That Council advise the applicant that it supports, in principle, the

lodgement of an application for a Proposed Tourist Attraction (Australian Armour & Artillery Museum) over land described as Lot 4 RP800591, located at Captain Cook Highway, Barron, subject to the provision of a detailed application and report addressing criteria including but not be limited to:

a. A detailed analysis of traffic and access issues associated with the

proposed use; b. Visual impact assessment of the proposed use and associated

buildings; c. An assessment of the impacts on good quality agricultural land; d. An assessment of any impacts of the CairnsPlan 2009 Flood

Management Code; e. Provision of sufficient information to show that there is no other

suitable alternative location for the proposal; f. Provision for adequate on-site effluent disposal; and g. An assessment of expected noise levels arising from the use.

2. That Council also advise the applicant that a detailed assessment of the

proposal will be undertaken at the time of lodgement of the application for a Tourist Attraction (Australian Armour & Artillery Museum).


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3. This prelodgement response is provided on a “without prejudice” basis based on information provided with the pre-lodgement enquiry from Planning Far North, Town Planning consultants dated 29th February 2012.

carried

21. MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) - EDUCATIONAL ESTABLISHMENT, PLACE OF ASSEMBLY AND RECONFIGURING A LOT (CREATION OF NEW ROAD RESERVE) – 3L MT PETER ROAD MOUNT PETER – DIVISION 1 .................. 301

Gerard Rosse: 8/30/153 SEDA: #3361295 GREGORY / LANSKEY That Council approves the request for Educational Establishment, Place of Assembly and Reconfiguring a Lot (Creation of New Road Reserve) described as Lot 3 on SP211755 located at 3L Mt Peter Road, Mount Peter, 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 Fisher Buttrose Architects Ref - SD- A 101 25/01/2007 Indicative Staging Plan Fisher Buttrose Architects Ref – A 102 24/11/2011 Aerial Perspective Fisher Buttrose Architects Ref – A103 24/11/2011 Aerial Perspective Fisher Buttrose Architects Ref – A104 23/11/2011 Road Layout Plan Aurecon - Drawing No. 224583 Sk02 Rev02 30/11/2011 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, including recommendations and findings confirmed within technical reports; and

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

Planning Scheme and the FNQROC Development Manual.


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Timing of Effect 2. The conditions of the Development Permit must be satisfied prior to

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

Water Supply, Non-potable Water & Sewerage Infrastructure Plan 3. A water supply, non-potable water and sewerage 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 adjoining catchments that will be connected to the sewer,

water and non-potable networks; and b. Identify any trunk or reticulation infrastructure external to the

development that may require upgrading or extending to accommodate the development in particular any infrastructure outlined in this development approval; and

c. Include the provision of infrastructure in accordance with the Mt

Peter Master Plan.

The water supply, non potable water and sewerage infrastructure plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Water Supply and Sewerage Works External 4. Undertake the following water supply and sewerage works external to the

site to connect the site to Council’s existing infrastructure:- a. Water, non-potable water and sewerage infrastructure in accordance

with the approved Water Supply and Sewerage Infrastructure Plan. b. A 300mm dia. water main along Mount Peter Road commencing from

the 250dia trunk main at the intersection of Mount Peter Road and Coombak Close, south along Mount Peter Road to the intersection with the future Network Road;

c. A 225mm dia. water main along the northern verge of the future

Network Road with a 50mm rider main on the southern verge and 225 dia. road crossings under Mt Peter Road and the future Network Road;

d. A 200mm dia. non-potable water main along the southern verge of the

future Network Road and road crossings under any constructed roads and two interconnections to the potable water main;


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e. A sewerage pump station (referred to as the “northern pump station” in

the Mt Peter Master Plan) nominally located adjacent to the south-eastern corner of the site and within its own freehold lot transferred to Council ownership;

f. A rising main from the pump station to a manhole in Council’s existing

sewerage system in O’meara Street at a point approved by Council. The discharge from the rising main must be controlled to prevent any adverse impact to the receiving sewerage network. If the rising main is located on any land other than land owned by Council an easement must be provided over the main;

g. A 225mm dia. gravity sewer main on standard alignment within the

school land on the northern side of the future Network Road and 225 dia road crossings of Mt Peter Road and the future Network Road. An easement must be provided over that part of the sewer located within private land;

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

subject land:- a. Provide a single internal sewer stub for connection of the school site in

accordance with the FNQROC Development Manual; b. The site must be serviced by a single water connection; c. Property sewers within the site must be designed, constructed and

tested in accordance with the FNQROC Development Manual. All 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.


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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.

Inspection of Sewers 6. CCTV inspections of all constructed gravity sewers including property

sewers must be undertaken. An assessment of the CCTV footage must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Identified defects are to be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to issue of a Compliance Certificate for the Plan of Survey.

Damage to Infrastructure 7. 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.

Sewer Easement 8. Create an easement in favour of Council over all Council owned sewerage

infrastructure within the site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement document must be submitted to Council for the approval by Council's solicitors at no cost to Council. The approved easement document must be submitted at the same time as seeking compliance assessment of the Plan of Survey and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

Recycled Water 9. To meet the water savings targets required for Recycled Water, Dual

Reticulation must be provided within the school in accordance with the Queensland Development Code Part M P 4.2.

Access to Lot 2 on SP211755 10. Legal right of access to Lot 2 on SP211755 is to be maintained at all times

during construction and operation of the proposed use.


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Landscaping Plan 11. The site must be landscaped in accordance with details included on a

Landscaping Plan. The Landscaping Plan must show: Planting Design

a. The location and species of all existing trees, with an indication as to whether each tree is to be retained or removed, and natural and finished ground levels if filling is to occur in the vicinity of any tree.

b. The inclusion of individual character through landscape design and plant species for the various streets within the development;

c. A planting design which is in accordance with the FNQROC

Development Manual; d. A planting design that does not include any species that are identified

as Declared or Environmental Weeds or constitute an Invasive Species; e. Provide a hierarchy of planting, which includes shade trees, shrubs and

groundcovers; f. Planting details of the three (3) metre wide landscape zone in the

western portion of the site adjacent the Mt Peter Road. Tree species to be used must have the ability to grow in excess of six (6) metres and must be well established at the time of planting. They must be planted at regular intervals to achieve an immediate screening effect. The whole planting area must be mulched with shredded / chipped vegetation waste, or similar material. All the trees in the planting sites must be watered during dry periods, either by water truck or with a temporary drip or sprinkler irrigation system;

A ten (10) metre wide buffer shall be provided and maintained along the

southern and western boundaries of the site. The buffer area shall consist of a fully vegetated strip which will need to be densely planted with suitable trees and mature shrubs. An automatic drip watering system is to be provided to the vegetated area. Prior to the commencement of the use, of the relevant stage adjacent to the southern and western boundaries the vegetation shall be well established with abundant foliage and be of a minimum height of one and half (1.5) metres;

g. The detail concerning the soil preparation of the three (3) metre wide

landscape zone adjacent the earthworks. The soil must be well prepared (not compacted) and fertilized with organic fertilizers to encourage strong growth; and


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h. Natural and finished ground levels including details of all retaining works;

i. Protection of landscaped areas adjoining parking areas from vehicular

encroachment by a 150 mm high vertical concrete kerb or similar obstruction;

j. Shade trees to car parks to be provided at a minimum rate of 1 per 6

parks. Trees shall be minimum 2m high when planted and species as approved in the Landscaping Plan;

k. Shade trees shall be provided to perimeter of ovals. Trees shall be

minimum 2m high when planted and species as approved in the Landscaping Plan;

l. The applicant shall provide a fence, a minimum height of 1.2 metres to

the perimeter school boundaries to the satisfaction of the Chief Executive Officer prior to the commencement of the use. Gates may be permitted within the fence.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer. The landscaping plan shall be prepared by a qualified Landscape Architect and the approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the Commencement of Use. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Infrastructure Agreement for Network Road Construction 12. An infrastructure Agreement will be required between Council and the

developer for the network road elements. This will include engineering design and/or construction. The final extent of roadworks for construction and value of the road infrastructure must be determined by the Chief Executive Officer prior to the approval of a Development Permit to carry out Operational Works or based on an agreed process and staged approach.


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General External Works 13. Undertake the following external works:

Network Road works The applicant/owner must undertake roadworks to safely connect the

School to the surrounding network roads. This shall include provision for all vehicles including buses (RPT and private), cyclists and pedestrians. Private buses associated with school operational requirements shall be accommodated within the school grounds and shall not be allowed to stop on the network roads for purposes of loading/unloading passengers.

Intersections shall be constructed to operate safely for all users throughout

the development life of the School and link into the road network.

It is expected that to achieve the required level of safety and operational efficiency; and to minimise safety risks going forward once the School is operational, that all roadworks with frontage to the school shall be completed in the ultimate configuration. Should the owner/applicant consider that the required level of safety and operational efficiency can be achieved through staging of the works, the owner/applicant shall provide a report to that effect undertaken by a consultant appropriately qualified in this field for consideration by the Chief Executive Officer.

Accordingly it is expected that the scope of external roadworks will incorporate:

a. A full detail design and costing for Mount Peter Road to a Type C

median divided 4 lane road including provision for turning lanes, dedicated cycle lanes and transitions. The design for Mt Peter Road shall extend from the existing Stony Creek Bridge through to the tangent points on the southern side of the intersection of Mount Peter Road with the Extension of the Deppeler Road Connection Road (Deppeler Road West).

The design for Mount Peter Road in this section shall be generally in

accordance with Aurecon drawing 224583 Sk02 Rev02 dated 30 November 2011. The design must include consideration of drainage from the adjacent upslope catchments. Final design parameters are to be agreed with Council prior to commencing the detailed design.


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b. The intersection of Mount Peter road with the Deppeler Road West shall be designed for the ultimate configuration. The applicant may provide Council with options for staging of the works provided that such staging can be demonstrated to allow for safe operation of the intersection(s) in an interim capacity. Proposals for interim staging shall be submitted to the Chief Executive Officer for consideration. The design shall allow for access at Cooper Road until such time as the proposed alternative point of access is available.

c. A full detail design and costing for Deppeler road West to a Type C

median divided 4 lane road including provision for turning lanes, dedicated cycle lanes and transitions. The design for Deppeler Road West shall extend from the intersection with Mount Peter Road through to the Eastern end of the school frontage. The concept design shall extend to the east a sufficient distance past the proposed school boundary to ensure that the alignment (both horizontal and vertical) allows for the logical future extension to the network without significant undue constraint. In the interim the eastern end of the road will make provision for a temporary turnaround and provide for access to the existing residence and its existing driveway.

d. The Deppeler road West design shall include the signalised

intersection for the identified future network road heading south into the proposed residential development. The fourth leg of this intersection will accommodate the main entrance to the school as identified on Aurecon drawing 224583 Sk02 Rev02 dated 30 November 2011. Provision of the additional leg of the intersection including any additional land resumptions to accommodate turning lanes and transitions is to be at no cost to Council.

The design concept shall be approved by the Chief Executive Officer prior to

full Operational Works Design commencing. Three (3) copies of the final design shall be submitted for Operational Works approval.

Subject to confirmation of design and final costs, these works shall be

constructed in full or as otherwise agreed prior to the School commencing operations.

Developer Credits for the Construction of Trunk Infrastructure 14. The cost of constructing Trunk Infrastructure as detailed in Condition 13

must be agreed to by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works to construct the infrastructure.

An Infrastructure Agreement detailing the circumstances on which the monies will be reimbursed must be entered into prior to (keep timing flexible depending on circumstances).


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Operational Works 15. An Operational Works Approval is required for the internal road network,

nominated earthworks and water and sewer works associated with the development. Such works must be completed to the satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Where plans are required, three (3) A1 size copies of the plans and one (1)

copy at A3 size must be submitted to Council. Vehicle Parking 16. The amount of vehicle parking must be as specified in Council's Planning

Scheme which is a minimum of one hundred and four (104) spaces plus the provision for loading and unloading of passengers when the ultimate development is completed. At all times during the staging of the development the provision of on-site car parking spaces along with designated areas for the purposes of loading and unloading passengers is to be provided in accordance with the relevant stages of construction in accordance with the rates outlined in Council's Planning Scheme. 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 amount of vehicle parking must be provided in accordance with the below requirements, whichever requires the greater number of car parks: a. Council's Planning Scheme which is a minimum of one hundred and four

(104) spaces plus the provision for loading and unloading of passengers when the ultimate development is completed

OR b. Department of Transport and Main Roads publication ‘Planning for Safe

Transport Infrastructure at Schools’.

At all times during the staging of the development the provision of on-site car parking spaces along with designated areas for the purposes of loading and unloading passengers is to be provided in accordance with the relevant stages of construction in accordance with the relevant requirements as outlined in the above items. 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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Above Ground Transformer Cubicles / Electrical Sub-Stations 17. 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.

Under Grounding of Electricity Supply 18. All electricity lines along Mt Peter Road are to be placed underground in

conjunction with the construction of the network road. Such works are to be undertaken by Ergon Energy or an Ergon Energy approved contractor.

Street lighting along the full frontages is to be upgraded to the applicable

Lighting Category and lighting columns are to be of steel construction. Ergon Energy must be notified of these requirements when making

application for power supply.

All works must be completed prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Drainage Study of Site 19. Undertake a local drainage study of the site to determine the drainage

impacts on upstream and downstream properties and the mitigation measures required to minimise such impacts. In particular, the study must address the following:

a. The contributing catchment boundaries, including those external

catchments currently impacting on the site;

b. The extent of the 100 year ARI flood event in relation to the site both pre and post development, (flood modelling of Stoney Creek should be provided at a minimum);

c. Primary and secondary flow paths for the 2, 5, 10 and 100 year ARI

flood events; d. Identify any requirement for drainage easements;


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e. Identify the need and tenure for flood detention areas to ensure a no worsening impact on downstream properties for the entire development;

f. Information on the proposed works and any impacts proposed at the

drainage outlet from the proposed development; g. Lawful point of discharge.

The 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 or approval and dating of the Building Format Plan, whichever occurs first.

Traffic Study 20. A Traffic Study must be undertaken by an appropriately qualified

professional with respect to the impacts of the development on the road network and compliance with Austroads, Queensland Streets and the FNQROC Development Manual. Council is supportive of the concept proposed per Aurecon drawing 224583 Sk02 Rev02 dated 30 November 2011. The study is to support the design of the intersections, turning lanes and parking arrangements and must include but not be limited to the following:

a. Volume of traffic generated by the development including justification

for adopted generation rates;

b. Assumptions on traffic movements and distribution of traffic throughout the stages of the development including the ultimate connectivity of Deppeler Road West;

b. Site access (queuing areas, lengths of turning lanes, protection of

stored vehicles associated with entry and egress); c Provision of traffic islands, line-marking, signage, street lighting and

other necessary external works. d. On-site parking operation including bus setdowns, short term car

parking, drop off carparking. Operating performance at other similar school arrangements should be referenced where applicable.


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Three (3) copies of the Traffic Impact Study report must be submitted and endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work. Such works recommended by the approved report must be constructed in accordance with the approved plans to the satisfaction of the Chief Executive Officer prior to the Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Lawful Point of Discharge 21. 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.

Existing Creek and Drainage Systems 22. 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.

Plan of Drainage Works 23. The subject land must be drained to the satisfaction of the Chief Executive

Officer. In particular, a. Drainage infrastructure in accordance with the FNQROC Development

Manual b. 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.


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

maintenance equipment. c. All new buildings shall have immunity from flooding associated with an

ARI 100 year rainfall event; Sediment and Erosion Control 24. A sediment and erosion control plan must be submitted prior the issue of a

Development Permit for Operational Works. Such plans 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).Stockpiling and Transportation of Fill Material

Electricity Supply 25. 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 26. 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 prior to the Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.


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Stockpiling and Transportation of Fill Material 27. 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. 28. 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 29. The storage of any machinery, material and vehicles must not cause a

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

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS Concurrency

Agency Concurrence Agency Reference Date Council

Electronic Reference

DTMR 214/10P/102(3354.03) CRN351 07/11/2011 3384916 DERM SPCE03269511 & SPCC03269611 05/12/2011 3417658 DERM SPAR0326541 25/10/2011 3417658 Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). FURTHER ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act

2009, shall lapse (4) years from the day the approval takes effect in accordance with the provisions of Section 339 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.


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

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

carried

22. HALF YEARLY STOCKTAKE – DEC/JAN 2012 .......................... 355 Tom Meredith: 20/9/1-01: #3513834 LANSKEY / FORSYTH That Council approves the write-up of Stores inventory resulting from the December/January Stocktake of $13,891.56 and the write off of obsolete Stores items totalling ($18,149.57) giving a net write off of ($4,258.01). carried

23. MAJOR PROJECTS STATUS REPORT – INFRASTRUCTURE SERVICES............................................................................... 376

Brad Finegan: 1/3/81-23: #2466766v30 COCHRANE / GREGORY That Council note this report. carried

24. INFRASTRUCTURE SERVICES MONTHLY REPORT FOR MONTH OF FEBRUARY 2012 ............................................................... 386

Ross McKim: sjc: 1/3/21: #3508234 GREGORY / FORSYTH That Council notes this report. carried

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

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


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25. OUTSTANDING ISSUES – INFRASTRUCTURE SERVICES COMMITTEE ........................................................................... 424

Samantha Cottrell:1/3/21: #3037789 GREGORY / COCHRANE That Council notes this report. carried

26. CHIEF EXECUTIVE OFFICER’S (CEO) MONTHLY REPORT – MARCH 2012 .......................................................................... 426

Lyn Russell :jel: 1/3/37-30: #3278759v8 COOPER / FORSYTH That Council endorses: 1. The Chief Executive Officer’s report for March 2012. 2. The signing of the Statement of Intent 2012-2014, between Cairns Regional

Council and Advance Cairns concerning delivery of actions under the Tropical North Queensland Regional Economic Plan.

3. The E Team Dragons Den initiative to present new innovations to Council’s

Executive Team. carried

27. WATER - SITUATION REPORT ................................................ 459 Alex Ung: 1/58/13-23: #3220808v8 GREGORY / BLAKE That Council notes the report. carried


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28. MAJOR PROJECTS STATUS REPORT – WATER & WASTE ....... 466 J Turner: 1/58/13-23: #3220807v8 GREGORY / COCHRANE That Council notes the report. carried

29. ENVIRONMENTAL MANAGEMENT REPORT FOR WATER & WASTE ................................................................................... 479

Lynne Powell: 1/58/13-23: #3220809v8

GREGORY / BLAKE That Council notes the report.

carried

30. WATER & WASTE MONTHLY REPORT FOR FEBRUARY 2012 .. 482 B. Gardiner: 1/58/13-23: #3296097v7 GREGORY / FORSYTH That Council receives and notes the monthly report from Water & Waste for the month of February 2012. carried


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31. WATER DEMAND MANAGEMENT STRATEGY - PRESSURE MANAGEMENT ....................................................................... 530

A Newton-Bird: 24/20/141: #3491548 GREGORY / LANSKEY That Council:

1. Notes pressure management activities on water supply networks may reduce water pressure for existing elevated properties below accepted standards.

2. Approves the option for Council to supply and install booster pumps on

existing properties, at Council cost, in instances where water pressure management activities in an adopted pressure management zone cause water pressure to drop below 220 kPa at existing elevated house sites only.

3. Will transfer ownership of the booster pump to property owners who will

subsequently be responsible for operating, maintenance, and pump replacement costs.

carried with Councillors Bonneau and Cooper voting against the motion.

32. CAIRNS ENTERTAINMENT PRECINCT - MONTHLY FINANCIAL REPORT – AS AT 24 FEBRUARY 2012 ..................................... 538

Linda Cardew: 26/7/18-05: #3525560 FORSYTH / PYNE That Council receives and notes the financial report for the Cairns Entertainment Precinct as at 24 February 2012.

carried

33. CAIRNS ENTERTAINMENT PRECINCT – DEVELOPMENT APPLICATION ......................................................................... 544

Linda Cardew : 26/7/18-05: #3525577 Item deferred to Special Meeting Monday 26 March 2012.


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34. PROPOSED LEASE TO THE ROMAN CATHOLIC TRUST CORPORATION FOR THE DIOCESE OF CAIRNS OVER PART OF LOT 2 ON RP911716, 13 MOIGNARD STREET MANOORA – DIVISION 5 ............................................................................. 553

Martine Care: 19/3/3- 105: #3474975 BLAKE / FORSYTH 1. That Council gives in principle support to the Roman Catholic Trust

Corporation for the Diocese of Cairns to establish a flexible learning centre on land described as Lot 2 on RP911716, subject to the following:

i. That a Material Change of Use application needs to be made in

accordance with the Sustainable Planning Act ii. That the applicant is to undertake a level of community consultation

above the minimum statutory requirement for consultation required pursuant the Sustainable Planning Act

2. Council reserves the right to reconsider its position with respect to the in

principle support provided in this resolution, depending on the outcomes of the Development Application, the community consultation and submissions received and the merits of the proposal.

3. That Council authorise the Chief Executive Officer under section 257 of the

Local Government Act to sign the necessary IDAS Application as the landowner.

Reason The current recommendation is onerous on the applicant, basically requiring them to do two levels of consultation, now and then again at the MCU stage. One round of consultation as part of the MCU should be sufficient for community to be informed and provide Councillors with an indication as to the community’s views. carried CLOSED SESSION FORSYTH / BLAKE COUNCIL RESOLVE INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA:

1. BUDGETARY MATTER – OUTSTANDING DEBT REPORT .............. 1 Steve Crampton: 19/23/1-42: #3497520


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2. BUDGETARY MATTER – BANK GUARANTEE – CAIRNS TAIPANS INCORPORATED ....................................................................... 16

Kate Doyle: 17/1/5-01: #3503554

3. CONTRACTUAL MATTER – PREFERRED SUPPLIER ARRANGEMENT NUMBER PSA 2353 LANDSCAPE MAINTENANCE ARGENTEA PARK ..................................................................... 28

Roy Thorpe: RHT: 15/23/228-01: #3513051

4. CONTRACTUAL MATTER – PREFERRED SUPPLIER ARRANGEMENT NUMBER PSA 2352 LANDSCAPE MAINTENANCE - CAIRNS CITY AREA ................................................................ 35

Roy Thorpe: RHT: 15/23/228-01: #3516543

5. CONTRACTUAL MATTER – CONTRACT NO. 75355 – REMOVAL OF ASBESTOS CONTAINING MATERIAL AT TUNNEL HILL WATER TREATMENT PLANT – DIVISION 6 ............................................ 41

S. Page: 24/18/74-01: #3519387v1

6. PREJUDICIAL MATTER - THE SCOUT ASSOCIATION OF QUEENSLAND – EXPIRY OF TRUSTEE LEASE, LOT 197 ON RP748699, LEISURE PARK ROAD, SMITHFILED – DIVISION 8 ... 46

Martine Care: 19/3/3- 105: #3470046 carried Cr Schier left the meeting 11:41 a.m. Cr Schier returned 11:42 a.m. OUT OF CLOSED SESSION COUNCIL RESOLVE TO MOVE OUT OF CLOSED SESSION BLAKE / FORSYTH carried RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.


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1. BUDGETARY MATTER – OUTSTANDING DEBT REPORT .............. 1 Steve Crampton: 19/23/1-42: #3497520 COOPER / FORSYTH That Council notes it has been updated on the status of the outstanding debt owed to Council as at 24 February 2012. carried

2. BUDGETARY MATTER – BANK GUARANTEE – CAIRNS TAIPANS INCORPORATED ....................................................................... 16

Kate Doyle: 17/1/5-01: #3503554 FORSYTH / BLAKE That Council notes the financial status of the Cairns Taipans as at 29 February 2012. carried

3. CONTRACTUAL MATTER – PREFERRED SUPPLIER ARRANGEMENT NUMBER PSA 2353 LANDSCAPE MAINTENANCE ARGENTEA PARK ..................................................................... 28

Roy Thorpe: RHT: 15/23/228-01: #3513051 BONNEAU / FORSYTH That: 1) Preferred Supplier Arrangement Number PSA 2353 Landscape Maintenance

Argentea Park be awarded to Rob’s Landscape Services Pty Ltd T/A Groundsmen for the period 1 May 2012 until 30 April 2014 and a further one year extension at Council’s discretion, in consultation with the contractor.

2) Authority be delegated 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 the awarding of this contract.

carried with Councillors Pyne and Lanskey voting against the motion.


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4. CONTRACTUAL MATTER – PREFERRED SUPPLIER ARRANGEMENT NUMBER PSA 2352 LANDSCAPE MAINTENANCE - CAIRNS CITY AREA ................................................................ 35

Roy Thorpe: RHT: 15/23/228-01: #3516543 BLAKE / COOPER That: 1) Preferred Supplier Arrangement Number PSA 2352 Landscape Maintenance

Cairns City Area be awarded to Dig It Pty Ltd for the period 1 May 2012 until 30 April 2014 and a further one year extension at Council’s discretion, in consultation with the contractor.

2) Authority be delegated 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 the awarding of this contract.

carried

5. CONTRACTUAL MATTER – CONTRACT NO. 75355 – REMOVAL OF ASBESTOS CONTAINING MATERIAL AT TUNNEL HILL WATER TREATMENT PLANT – DIVISION 6 ............................................ 41

S. Page: 24/18/74-01: #3519387v1 COOPER / BLAKE That Council: 1. Award Contract 75355 to Visionbuild Qld Pty Ltd for the lump sum of

$471,790.00 ex GST, to remove and replace Asbestos Containing Material (ACM) and other associated works at the Tunnel Hill Water Treatment Plant.

2. Delegate 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 in relation to Contract 75355.

carried


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6. PREJUDICIAL MATTER - THE SCOUT ASSOCIATION OF QUEENSLAND – EXPIRY OF TRUSTEE LEASE, LOT 197 ON RP748699, LEISURE PARK ROAD, SMITHFIELD – DIVISION 8 ... 46

Martine Care: 19/3/3- 105: #3470046 COCHRANE / BONNEAU 1. That Council offers the Scout Association of Australia Queensland Branch a

Trustee Permit over part of Lot 197 on RP748699, Leisure Park Road, Smithfield (approximately 1,000 m2) to run a scouts facility, subject but not limited to the following terms and conditions:

• for a term of three (3) years from the expiration of the current lease

subject to annual review;

• annual rental to be $144.00 (including GST); • the Permittee is to be responsible for rates and charges, including any

costs of water usage on the premises;

• the Permittee is to be responsible for all reasonable costs associated with the preparation and execution of the Trustee Permit;

• the Permit being in accordance with the State’s (represented by the

Department of Environment and Resource Management) Mandatory Standard Terms Document for Trustee Leasing registered under dealing no 711932933;

• the Permit being in accordance with the terms and provisions

contained in Council’s Standard Terms Document; and

2. During the term of the lease, the Permittee must, to Council’s satisfaction:

• secure funding sufficient to provide for repairs to the building and for

the future operations of the Permittee;

• provide a building certifiers report, which includes a structural engineers report, complying with the Building Act 1975 and the Building Regulation 2006. This report must include a program of works (including time frames) that will ensure the building complies with the legislative requirements.

• provide Council with a proposal for the premises to be used as a multi-

use facility.


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3. That Council provides in principle support for long term tenure, subject to the Permittee meeting all the requirements of point 2 of this recommendation during the 3 year term of the Permit; and

4. Furthermore, that Council delegates authority to the Chief Executive Officer in accordance with section 257 of the Local Government Act 2009 to:

• negotiate, determine and approve any and all matters, including

execution associated with the proposed permit; and

• negotiate, determine and approve any required amendments to the subject permit resulting from the review of Council’s Tenures Policy for Not for Profit Recreation, Sporting and Community Groups No 1:02:45.

carried

THE MEETING CLOSED AT 11:49 AM CONFIRMED THIS DAY OF 2012 ………………………… ………………………………………. MAYOR CHIEF EXECUTIVE OFFICER

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