local government meeting - cassowary coast region · 3/26/2015 · quality management plan, stage...

LOCAL GOVERNMENT MEETING

26 March 2015

MINUTES

Cr Bill Shannon

Cr Glenn Raleigh

Cr Bryce Macdonald

Cr Alister Pike

Cr Mark Nolan

Cr Ian Rule

Cr Kylie Farinelli

Mayor

Division 1

Division 2

Division 3

Division 4

Division 5

Division 6

Please find attached, minutes for the Local Government Meeting to be held in the Council

Chambers - Board Room, 38-40 Bryant Street, Tully commencing at 9.00am.

Terry Brennan CHIEF EXECUTIVE OFFICER

MINUTES

10.00am – 10.30am Morning Tea 12.15pm – 1.00pm Lunch

1. CONFIRMATION OF MINUTES ................................................................................... 2

1.1 Confirmation of Minutes of Local Government Meeting, 12 March 2015 ........................ 2

2. RECEIPT OF MINUTES ................................................................................................ 3

3. BUSINESS FROM PREVIOUS MINUTES .................................................................... 3

3.1 Panama TR4 - Access to roads ..................................................................................... 3

3.2 Request for Council to inspect the new Innisfail Library ................................................ 3

4. MANAGEMENT ........................................ .................................................................... 3

5. WORKS ........................................................................................................................ 3

6. COMMUNITY ................................................................................................................ 3

7. PLANNING & ENVIRONMENT ............................ ......................................................... 4

7.1 DEV2014/0068 - Proposal for a Material Change of Use for Extraction (Extraction including screening and storage) on land described as Lot 5SP235661, situated at Todd Road, Vasa Views ................................................................................................ 4

7.2 DEV2014/0061 - Proposal for Reconfiguring a Lot (1 Lot into 3 Lots) on land described as Lot 66SP164474 situated at Mission Circle, Wongaling Beach ............... 15

7.3 DEV2014/0106 - Material Change of Use for Light Industry (Fabrication & Tyre Centre) ........................................................................................................................ 29

7.4 DEV2015/0002 - Material Change of Use for a Tourist Facility .................................... 33

7.5 Application for Commercial Licence - Mission Beach Tavern - 2RP18333, situated at 52 Porter Promenade, Mission Beach ......................................................................... 37

7.6 Clarification of service expectations in relation to after hours callout service for the Animal Management Program ..................................................................................... 38

7.7 FNQROC - Tender Contract FNQ0004 Collection of Ferrous Scrap Metal to Sims Metal Management Ltd ............................................................................................... 39

7.8 Application for Extended Trading Hours - Mission Beach Hotel, Wongaling Beach ..... 40

8. CORPORATE ............................................................................................................. 41

8.1 Corporate Services Financial Report February 2015 ................................................... 41

8.2 Review of Corporate Plan 2013 - 2017 ........................................................................ 42

9. NOTICE OF MOTION ................................................................................................. 42

10. GENERAL BUSINESS .................................. ............................................................. 43

10.1 Vanuatu's Humanitarian crisis as a result of Cyclone Pam .......................................... 43 10.2 Etty Bay Surf Life Saving Club Inc. - Septic and Soakage Trench Problems ............... 43 10.3 Recreational vehicles and Quad bikes on beaches ..................................................... 43

11. CONFIDENTIAL ...................................... ................................................................... 44

Minutes – CCRC Local Government Meeting 26 March 2015

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PRESENT: Crs B Shannon (Mayor), B Macdonald (Deputy Mayor), G Raleigh, A Pike, M Nolan, I Rule and K Farinelli and P Cochrane (A/g Chief Executive Officer), Mr J W Pettigrew (Director Planning & Environmental Services), Mr D Horton (Manager Planning Services), Mr M Allpress (Manager Environmental Health), Ms J Lightfoot (Communications Officer) and Ms J Cooksley (Minutes Clerk) APOLOGIES: Mr T Brennan

1. CONFIRMATION OF MINUTES

1.1 CONFIRMATION OF MINUTES OF LOCAL GOVERNMENT MEE TING, 12 MARCH 2015

Recommendation: “That the Minutes of the Local Government Meeting h eld on 12 March 2015 be confirmed as a true and correct record.” Moved Cr G Raleigh Seconded Cr I Rule Resolution Number 929 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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2. RECEIPT OF MINUTES

Nil

3. BUSINESS FROM PREVIOUS MINUTES

3.1 PANAMA TR4 - ACCESS TO ROADS A comprehensive discussion ensued in relation to numerous requests from the banana industry for Council to consider temporarily closing roads to prevent the possible transference of Panama TR4 contaminants in the region. In the absence of the Director Works, the Director Planning & Environmental Services, John Pettigrew advised that Council is seeking legal advice on its responsibilities in relation to the potential closure of public roads and highlighted the process that would need to be followed, which is quite onerous and the possible implications if roads were closed/gated. Cr Pike asked that it be noted that the Cardstone project is an important tourism initiative for Council and as the campaign to promote/market the site ramps up the Upper Davidson Road needs to be open for tourism purposes, eg. mountain bike trail events, sightseeing, etc. It has value as a loop-back to the Bruce Highway for tourism but currently has three (3) locked gates blocking access to the road.

3.2 REQUEST FOR COUNCIL TO INSPECT THE NEW INNISFAIL LIBRARY Cr Rule referred to a request made to the Director Community Services at the meeting on 12 March 2015 for Council to be given the opportunity to inspect the progress of the construction of the new library in Innisfail and suggested that an on-site inspection could take place on completion of the Local Government Meeting on 9 April 2015. The A/g CEO advised that he would liaise with the Director Community Services about this request.

4. MANAGEMENT

Nil

5. WORKS

Nil

6. COMMUNITY

Nil


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7. PLANNING & ENVIRONMENT

7.1 DEV2014/0068 - PROPOSAL FOR A MATERIAL CHANGE O F USE FOR EXTRACTION (EXTRACTION INCLUDING SCREENING AND STOR AGE) ON LAND DESCRIBED AS LOT 5SP235661, SITUATED AT TODD R OAD, VASA VIEWS

Executive Summary: Council is in receipt of an application for a Material Change of Use for Extraction (Extraction including Screening & Storage). The application was prepared by Gilvear Planning Pty Ltd on behalf of Daraleigh Pty Ltd for the establishment of an Extractive Industry involving the Screening and Storage of Rock Materials (Basalt) within the Rural Zone (Rural Use Precinct) on land described as Lot 5 on SP235661, situated at Todd Road, Vasa Views. The application was Code Assessable and therefore public notification was not required. The application triggered referral to the Department of State Development, Infrastructure and Planning as the subject site adjoins a State Controlled Road, exceeds the relevant threshold for impacting on State Transport Infrastructure and contains Remnant Vegetation. The Department of State Development, Infrastructure and Planning have issued reasonable and relevant conditions upon approval of this Development Application. The subject site is located within the Regional Landscape and Rural Production Area (RLRPA) as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031, and the proposal is considered to be consistent with the intent and policies of the plan. The State Planning Policy (July 2014) applies to this development as the site is identified to contain the following matters of state interest; biodiversity, water quality and natural hazards. The application was assessed accordingly and is considered to comply with the relevant policies. The application is generally consistent with the provisions of the Johnstone Shire Council Planning Scheme 2005 and therefore the application for a Material Change of Use for Extraction (Extraction including Screening and Storage) is recommended for approval subject to reasonable and relevant conditions. Recommendation: “That a Development Permit be issued for a Material Change of Use for Extraction (Extraction including Screening & Storage) on land described as Lot 5 on SP235661, situated at Todd Road, Vasa Views, subject to the f ollowing conditions:

1. Proposal: That the development be undertaken gen erally in accordance with the application, documentation and plans in the table b elow accepted by Council on 30 July 2015, 13 February 2015 & 14 January 2015, a ll relating to Development Application No. DEV2014/0068; excepting where varie d by the following conditions:

Plan Number Plan Name Date

File No. 14/185, Sheet 1

Location Plan, Extractive Resource Site, Moody Road, Vasa View

Dated Jul 14


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7.1 DEV2014/0068 - PROPOSAL FOR A MATERIAL CHANGE O F USE FOR EXTRACTION (EXTRACTION INCLUDING SCREENING AND STOR AGE) ON LAND DESCRIBED AS LOT 5SP235661, SITUATED AT TODD R OAD, VASA VIEWS (CONT/D…)


Figure. 7147-3, Project Number. 7147, Revision B

Daraleigh Pty Ltd, Vasa Views Extractive Industry - Stormwater Quality Management Plan, Stage 1 (Site Plan)

Dated 8 December 2014













2. Timing of Effect: The conditions of the Developm ent Permit must be complied with prior to commencement of use, except where spe cified otherwise in these conditions of approval.

3. Amended Plans: An amended set of plans incorpora ting any of the changes

required by these conditions must be provided to Co uncil to be endorsed by the Director Planning & Environmental Services, prior t o the commencement of use for each stage. A copy of the endorsed plans must also be provided to the person from whom building approval is sought.

4. Extent of Extraction: The applicant/owner is to ensure that the extent of extraction

is limited to the areas identified on the approved Plans (Stormwater Quality Management Plan - Stage 1, 2, 3, 4, & 5), to the sa tisfaction of the Director Planning & Environmental Services.


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5. Environmental Management Plan: The applicant/own er is to provide a final copy

of the Environmental Management Plan and associated documents including the Extractive Operations Development Plan and Safety M anagement Plan, to be endorsed by Director Planning & Environmental Servi ces, prior to the commencement of use of Stage 1. The site operations are to be carried out in accordance with the Environmental Management Plan a nd associated documents at all times, to the satisfaction of the Director P lanning & Environmental Services. The Environmental Management Plan must ensure that appropriate environmental management practices are followed during the constr uction and operation of the proposed development. The Environmental Management Plan must demonstrate the use of best practice environmental management, compliance with relevant legislation and that the environmental risks associ ated with the proposed development are properly managed.

6. Maintained Rock Pad/Vibration Grid: The applican t/owner is to amend the

Environmental Management Plan to include the instal lation of a Maintained Rock Pad or Vibration Grid at a location inside the prop erty boundary, where the Access Track exits the site, to prevent the spread of dust or mud onto Moody Road and the Bruce Highway.

7. Revised Site Plan: The applicant/owner is to pro vide a detailed Site Plan of the

weighbridge, office building, staff amenities and s taff and visitor parking area, for endorsement by the Director Planning & Environmenta l Services, prior to an application being made for building work or works b eing undertaken for the car parking area. Furthermore, Floor & Elevation Plans of the proposed new building work is also required for endorsement by the Direct or Planning & Environmental Services, prior to an application being made for bu ilding work.

8. Staging and Rehabilitation: The applicant/owner must ensure that all staging and

rehabilitation works are carried out in accordance with the approved Plans (Stormwater Quality Management Plan - Stage 1, 2, 3 , 4, & 5), the Environmental Management Plan (and associated documents) and the Stormwater Quality Management Plan, to the satisfaction of the Directo r Planning & Environmental Services.


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9. Car Parking: The applicant/owner must ensure tha t the development provides a

minimum of two (2) on-site car parking spaces at th e location shown on the approved plans, prior to the commencement of use of Stage 1 and then at an additional rate of one (1) space per employee, at t he location shown on the approved plans. All car parking facilities and mano euvring areas must comply with the following requirements, prior to the comme ncement of the use:

� All car parking bays and traffic circulation width s including access must meet

the design requirements of the Australian Standard AS1428 "Design for Access and Mobility", FNQROC Development Manual and Australian Standard AS2890.1 "Parking Facilities – Off Street Car Parki ng"; and

� All car parking facilities, associated maneuvering areas, and internal works are to be constructed to an all weathered gravel st andard and drainage; and

� All car parking spaces must be designed for effici ent and convenient use and available at all times; and

All works must be constructed in accordance with th e Development Permit, to the requirements and satisfaction of the Director Plann ing & Environmental Services, prior to the commencement of use and each additiona l stage as required.

10. Internal Works: The applicant/owner is to const ruct the following;

a) An Access Track is to be constructed at the loca tion shown on the approved Plans (Stormwater Quality Management Plan - Stage 1 , 2, 3, 4, & 5), prior to the commencement of use of Stage 1.

b) Internal Haulage Routes are to be constructed at the location shown on the approved Plans (Stormwater Quality Management Plan - Stage 1, 2, 3, 4, & 5), prior to the commencement of use of each stage.

The Access Track and Internal Haulage Routes must h ave a minimum width of approximately 10m and are to be constructed to an a ll weathered gravel standard, with drainage.

All works must be carried out in accordance with th e approved plans, to the satisfaction of the Director Planning & Environment al Services. Additionally, signage is to be installed in accordance with the Q ueensland Transport Manual of Uniform Traffic Control Devices (MUTCD).


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11. Required External Works: The applicant/owner mu st carry out the required road

widening and any necessary stormwater drainage work s, for the full length of Moody Road. The upgrade to Moody Road must comply w ith the following:

� A minimum 8.0m formation width; and � A minimum 6.5m seal width, with a minimum of 0.75m shoulders; and � A pavement thickness of 250mm as per the FNQROC De velopment Manual

Standard - Section D3 - Industrial Streets.

Three (3) copies of the plan of works prepared by a RPEQ must be submitted with the Development Application for Operational Works a nd must be endorsed by the Director Planning & Environmental Services prior to the issue of a Development Permit for carrying out Operational Works. All wor ks must be carried out in accordance with the approved plans, prior to the co mmencement of use, to the requirements and satisfaction of the Director Plann ing & Environmental Services.

The Operational Works application must include desi gn plans of the curve widening and/or superelevation required on the firs t right-hand bend (approximately 230m-500m measured from the Bruce Hi ghway) along Moody Road. Additionally, the existing Vehicle Access Cro ssover (VAC) (approximately 620m measured from the Bruce Highway) along Moody R oad must be modified to tie in with the new lines and levels of the upgrade d Moody Road.

The proposed road is required to be bitumen sealed for the full length of Moody Road or the applicant/owner must enter into an infr astructure agreement with Council which provides for the payment of an extrao rdinary traffic contribution towards the ongoing maintenance of the road. If the road is not sealed and the applicant enters into an infrastructure agreement w ith Council, dust suppression measures by way of bitumen sealing is required for a minimum length 100m either side of Lot 2 on RP724896.

12. Stormwater and Erosion & Sediment Control: The applicant/owner must ensure

that the Stormwater Quality Management Plan prepare d by Black & More is followed at all times during the life of the projec t, to the satisfaction of the Director Planning & Environmental Services.

13. Waste Bins & Storage Areas: The waste bin and s torage areas must be screened

from view of adjoining properties and road frontage s, to the satisfaction of the Director Planning & Environmental Services.

14. Advertising Devices: The applicant/owner must e nsure that all advertising

devices associated with the proposed development ar e established in accordance with the Advertising Devices Code of the Johnstone Shire Council Planning Scheme 2005, to the satisfaction of the Director Pl anning & Environmental Services.


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15. Water supply: The applicant/owner must provide an adequate supply of potable

and non-potable water for the development. The infr astructure necessary for adequate water supply must be in place prior to the commencement of use and maintained at all times, to the satisfaction of the Director Planning & Environmental Services.

16. Electricity: The applicant/owner is to provide written evidence of negotiations with the electricity supplier detailing that the se rvices will be provided to the development in accordance with the service provider 's requirements, prior to the commencement of use, to the satisfaction of the Dir ector Planning & Environmental Services.

17. Public Utilities – Alterations: Any relocation or alteration to any public utilities in association with works pertaining to this develo pment must be undertaken as required by the relevant service provider and at no cost to Council.

18. Environmental Nuisance: The applicant/owner is to ensure that noise from either

air conditioning units, service equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Director Planning & Environmental Services, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and En vironmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

19. Night Lighting: The applicant/owner is to ensur e that all night lighting is designed

and constructed to the satisfaction of the Director , Planning & Environmental Services so as to ensure that light emitted from th e subject site does not, in the opinion of the Director Planning & Environmental Se rvices, create an environmental nuisance having regard to the provisi ons of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance)

20. Construction & Operations: The construction and operations work associated with this development must be carried out in accord ance with sound engineering practice. In particular, no nuisance is to be caused to adjoining residents by way of smoke, dust, stormwater, discha rge or siltation of drains, at any time, including non-working hours. Where mat erial is to be carted to or from the site, loads are to be covered to prevent d ust or spillage. Where material is spilled or carried onto existing roads, it is to be removed forthwith so as to restrict dust nuisance and ensure traffic safety. Safety precautions are to be maintained where work is taking place on existing roads, in accordance with Queensland Transport’s Manual of Un iform Traffic Control Devices (MUTCD). Any damage attributable to the pro gress of the works or vehicles travelling to or from the site shall be re medied by the developer prior to ‘Acceptance of Works’.


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Concurrence Agency Conditions:

Department of State Development Infrastructure and Planning Concurrence Agency Conditions dated 24 February 2015. Reference SDA-0714-013023.


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Assessment Managers Advice:

a) Relevant Period: The relevant period for the dev elopment approval (Material Change of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341 of SPA, the development approval for Material Change of Use lap ses if the building work under the approval is not complete within the above mentioned relevant period. However, if there are one or more related a pprovals for the development approval for Material Change of Use, th e relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).

An applicant may request Council to extend the rele vant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.

b) Notice of Intention to Commence Use: The applica nt/owner must return to Council the attached Notice of Intention to Commenc e Use after acceptance of and compliance with these or negotiated conditio ns (or court determined conditions) and prior to the commencement of the us e. This will allow a check for compliance with conditions to be carried out by Council officers.

c) Required Approvals: A Development approval for O perational Works, Building Works and Plumbing & Drainage Works will b e required, with a permit for these works issued prior to any works co mmencing.

f) Cultural Heritage: The applicant/owner is to ens ure compliance with the requirements of the Aboriginal Cultural Heritage Ac t and in particular ‘the duty of care’ that it imposes all landowners, devel opers and the alike.

g) Engineering Works: The applicant/owner is to ens ure that the engineering works involved in the proposed development are desi gned and constructed in accordance with the FNQROC Development Manual.

h) Environmental Nuisance: The Environmental Protec tion Act 1994 states that a person must not carry out any activity that cause s, or is likely to cause, environmental harm unless the person takes all reas onable and practicable measures to prevent or minimise the harm. Environme ntal harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this d evelopment, are to adhere to their "general environmental duty" to minimise t he risk of causing environmental harm.


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Environmental harm is defined by the Act as any adv erse affect, or potential adverse affect whether temporary or permanent and o f whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any int erference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot , ash, dust, waste water, waste products, grit, sediment, oil or otherwise, o r cause hazards likely in the opinion of the Council to cause undue disturban ce or annoyance to persons or affect property not connected with the u se.

Moved Cr I Rule Seconded Cr K Farinelli Resolution Number 930 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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7.2 DEV2014/0061 - PROPOSAL FOR RECONFIGURING A LOT (1 LOT INTO 3 LOTS) ON LAND DESCRIBED AS LOT 66SP164474 SITUATED AT MIS SION CIRCLE, WONGALING BEACH

Attachments: 1. Concurrence Agency Response 2. Infrastructure Charges Notice 3. Locality Plan/Aerial Imagery 4. Proposal Plan - File 14/179, Issue C, Sheet 1, dated 28/01/2015

Planning Instrument: Cardwell Shire Council Planning Scheme 2007

Applicant: Queensland Trust for Nature

Consultant (if applicable): Elizabeth Taylor

Proposal: Reconfiguring a Lot (One (1) Lot into Three (3) Lots)

Level of Assessment: Code Assessable

Common Property Address: Mission Circle, Wongaling Beach

RPD: Lot 66 on SP164474

Land Area: 24.46ha

FNQRP: Regional Landscape and Rural Production Area

PS Zoning/Precinct: Split Zoned – Mission Beach Low Density Residential Precinct & Conservation Zone

Development Codes: Reconfiguring a Lot Code

PS Overlays: Natural Areas and Scenic Amenity

Existing Use of Land: Vacant (Heavily Vegetated – Cassowary Habitat)

Existing Approvals: Nil

Referral Agencies: Department of State Development, Infrastructure and Planning

Application Date: 9 July 2014

Executive Summary: Council is in receipt of an application for Reconfiguring a Lot (One (1) Lot into Three (3) Lots). The application was prepared by Elizabeth Taylor on behalf of the Queensland Trust for Nature for the establishment of two (2) low density sized allotments (proposed Lot 67 – 1.76ha and Lot 68 – 0.727ha) within the Mission Beach Low Density Residential Precinct section of the allotment on land described as Lot 66 on SP164474, situated at the end of Mission Circle, Wongaling Beach. The application was Code Assessable and therefore public notification was not required. The application triggered referral to the Department of State Development, Infrastructure and Planning as the proposed lot abuts a State Controlled Road (Tully - Mission Beach Road) and will result in clearing of native vegetation to allow the construction of an access road and building envelopes.


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7.2 DEV2014/0061 - PROPOSAL FOR RECONFIGURING A LOT (1 LOT INTO 3 LOTS) ON LAND DESCRIBED AS LOT 66SP164474 SITUATED AT MISSION CIRCLE, WONGALING BEACH (CONT'D..)

The subject site is located within the Rural Landscape and Rural Production Area as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031. The application is generally consistent with the provisions of the Cardwell Shire Council Planning Scheme 2007 and therefore the proposed application for Reconfiguring a Lot (One (1) Lot into Three (3) Lots) is recommended for approval, subject to reasonable and relevant conditions. Recommendation: “That a Development Permit be issued for Reconfigur ing a Lot (One (1) Lot into Three (3) Lots) on land described as Lot 66 on SP164474 s ituated at Mission Circle, Wongaling Beach”, subject to the following conditio ns: 1. Proposal: The applicant/owner is to ensure that the development is undertaken

generally in accordance with the application, docum entation and plans in the table below, accepted by Council on the 9 July 2014 , all relating to Development Application - DEV2014/0061, excepting where varied by the following conditions:

Drawing Number Drawing Name Date File 14/179, Issue C, Sheet 1

Proposal Plan to Reconfigure Lot 66 SP164474 Mission Circle, Wongaling Beach

28/01/2015

2. Timing of Effect: The conditions of the Developm ent permit must be complied

with prior to the signing and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.

3. Subdivision Development: All work must be constr ucted in accordance with the

development Permit for Operational Works, the endor sed plan and the FNQROC Development Manual, to the requirements and satisfa ction of the Director Planning & Environmental Services, prior to the sig ning and dating the Plan of Survey.

4. Conservation Covenant: The applicant/owner is to register a conservation

covenant within proposed Lots 67 & 68 outside of th e building envelope and finalised position of the access road (at no cost t o Council). The purpose of the covenant is to preserve the natural values of the e xisting vegetation and to preserve and protect ongoing use of proposed Lots 6 7 & 68 by Cassowaries (Casuarius casuarius johnsonii).


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The covenant is to be endorsed by the Director Plan ning & Environmental Services prior to the signing and dating of the Pla n of Survey by Council. The covenant must be registered with the Department of Natural Resources and Mines immediately prior to registration of the Plan of Survey. The Plan of Survey for proposed reconfiguration must include a referen ce to the covenant of proposed Lots 67 & 68.

5. Nature Refuge Area: The applicant/owner must pro vide Council with a copy of

the signed Nature Refuge Agreement with the relevan t parties to ensure the agreement is to preserve the environmental values o f the remanent vegetation and to preserve and protect ongoing use of proposed Lot 66 by Cassowaries (Casuarius casuarius johnsonii). This agreement is to be provided prior to the signing and dating of the Plan of Survey.

6. Dog Enclosure: If the applicant/owner proposes t o keep dogs on proposed Lot

67 & 68, then the applicant/owner is to provide a f enced enclosure around any buildings or structures in which dogs are to be kep t. The enclosures must be fenced (inclusive of a gate or other secure entry a nd exit point) to a height capable of preventing the dogs from going outside o f the enclosure. The fencing envelope is to be approved by the Director Planning & Environmental Services prior to dogs being kept on the lots. The fencing i s to be maintained by the owner and/or occupier of the lot at all times at no cost to Council.

7. Fencing: No fencing of any description shall be erected on proposed Lot 67 & 68

other than the fencing referred to in Condition 6. 8. Internal Access: The applicant/owner at their ow n costs must construct an

internal access road over proposed Lots 67 & 68 to the proposed building envelopes as per File 14/179, Issue C, Sheet 1, Pro posal Plan to Reconfigure dated 28/01/2015. The works shall include installat ion of conduits for the connection of individual services to each lot at no cost to Council.

The proposed internal access roads are to be paved and sealed to a minimum width of 4.5 metres and include any necessary storm water drainage provisions. Three (3) copies of the plan of works from a RPEQ m ust be submitted with the Development Approval for Operational Works and must be endorsed by the Director Planning & Environmental Services prior to the issue of a Development Permit for carrying out Operational Works. All work s must be carried out in accordance with the approved plans, prior to the si gning and dating of the Plan of Survey, to the satisfaction of the Director Plan ning & Environmental Services.


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9. Lot Access: The applicant/owner is to ensure tha t access to the newly created

lots are constructed in accordance with the FNQROC Development Manual and Council’s standard engineering specifications, to t he satisfaction of the Director Planning and Environmental Services and at no cost to Council, prior to the signing and dating of the Plan of Survey, Future ma intenance of the access is the responsibility of the property owner.

Three (3) copies of the plan of works from a RPEQ m ust be submitted with the Development Approval for Operational Works and must be endorsed by the Director Planning & Environmental Services prior to the issue of a Development Permit for carrying out Operational Works. All work s must be carried out in accordance with the approved plans, prior to the si gning and dating of the Plan of Survey, to the satisfaction of the Director Plan ning & Environmental Services.

10. External Works: The applicant/owner must provid e details and design of the

treatment and proposed construction to delineate th e end of Mission Circle to the satisfaction of the Director Planning and Envir onmental Services and at no cost to Council, prior to the signing and dating of the Plan of Survey.


11. Water Reticulation and Meters: The applicant/ow ner must design and install

adequate water reticulation, including any necessar y hydrants, valves etc and connecting to existing Council water main including an appropriate sized water mater at the boundary fronting Mission Circle. The meter must be a Council approved integrated unit including the backflow pre vention device and stopcock. The water reticulation shall also include the provisions of connection points and individual meter to each allotment (prop osed Lots 67 & 68). The installation of water meters must be completed by a suitable qualified person to Council’s Standard Drawing 9039, prior to the signi ng and dating of the Plan of Survey at no cost to Council.



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12. Effluent Disposal: The applicant/owner must sub mit an on-site sewerage

disposal report from a suitably qualified professio nal person, to demonstrate how the proposed development will comply with the r elevant legislation for on-site sewerage, prior to the signing and dating of t he Plan of Survey, to the satisfaction of the Director, Planning & Environmen tal Services.

13. Erosion & Sediment Control: Effective erosion a nd sediment control must be

maintained at all times during and after constructi on work until there is adequate vegetation cover, paved or other controls to prevent any silt run-off from the site.

The applicant/owner must submit an Erosion and Sedi ment Control Strategy (ESCS) with the operational works application and a n Erosion and Sediment Control Plan (ESCP) to be submitted prior to the co mmencement of any works and prior to the initial construction pre start mee ting. Both the ESCS and the ESCP including workings shall be submitted for asse ssment by Council. All submitted documentation shall be in accordance with the requirements of the FNQROC Development Manual and references.

14. Electricity & Telecommunication: The applicant/ owner must be provide written

evidence of agreement with the electricity supply a nd telecommunication authorities detailing that the services will be pro vided to the development, all to the satisfaction of the Director Planning & Environ mental Services.

15. Construction & Operations: The construction wor ks associated with this

development shall be carried out in accordance with sound engineering practice. In particular, no nuisance is to be cause d to adjoining residents by way of smoke, dust, stormwater drainage or siltation of drains at any time, including non-working hours. Where material is to be carted t o or from the site, loads are to be covered to prevent dust or spillage. Where ma terial is spilled or carried on existing roads, it is to be removed forthwith so as to restrict dust nuisance and ensure traffic safety. Safety precautions are to be maintained where work is taking place on existing roads, in accordance with Queensland Transport Manual of Uniform Traffic Control Devices (MUTCD). Any damage attributable to the progress of the works or vehicles travelling to or from the site shall be remedied by the developer prior to “Acceptance of W orks”.

16. Public Infrastructure/Utilities - Alterations: Any relocation or alteration to any

public utilities in association with works pertaini ng to this reconfiguration must be undertaken as required by the relevant service p rovider and at no cost to Council. This includes stormwater infrastructure.


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17. Outstanding Rates: The applicant/owner is to en sure that all rates, interest and

other charges levied on the property are paid prior to the endorsement of the Plan of Survey, to the requirements and satisfactio n of the Chief Executive Officer.

18. Permanent Survey Marks: One (1) Permanent Surve y Mark is to be installed at

the end of Mission Circle fronting the proposed lot s within the road reserve area in accordance with the relevant act. Permanent Mark Sketch Plans provided to the Department of Natural Resources and Mines and C ouncil for such Permanent Survey Mark shall be completed with verti cal control data for Australian Height Datum and horizontal control data for Geographic Datum of Australia 1994.

19. Survey Marks: All existing survey marks are to be reinstated, new survey marks

are installed in accordance with the Plan of Survey , and a cadastral surveyor is to certify the survey work in writing, to the requi rements and satisfaction of the Director Planning and Environmental Services, prior to the endorsement of the Plan of Survey.

20. Declared Pests: The parcel of land is to be cle ared of all Class 1, 2 and 3

declared pests prior to the endorsement of the Plan of Survey and is to be maintained at all times, to the requirements and sa tisfaction of the Director Planning and Environmental Services.

Concurrence Agency Conditions: Department of State Development Infrastructure and Planning provided Concurrence Agency Conditions, relating to the state trigger fo r: proximity to a State-controlled road and clearing vegetation dated 20 February 2015 Reference SDA-0714-012766.


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Assessment Managers Advice: a) Relevant Period: The relevant period for the development approval

(Reconfiguring a Lot requiring Operational Works) s hall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341(2) of the Sustainable Planning Act 2009 (SPA), the development approval for a reconfiguring a lot lapses if a plan for the reconf iguration is not given to Council within the abovementioned relevant period.

An applicant may request Council to extend the relevant period provided that such is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SP A.

b) Required Approvals: A Development Approval for O perational Works will be required, with a permit for these works issued prio r to any works commencing.

c) Aboriginal Cultural Heritage: The applicant/owne r is to ensure compliance with

the requirements of the Aboriginal Cultural Heritag e Act and in particular ‘the duty of care’ that it imposes all landowners, devel opers and the like; and

d) Fees and Charges: When the plan of subdivision f or the reconfiguring of a lot is

submitted to Council for endorsement, such plan sha ll be accompanied by the endorsement fee in accordance with Council’s Schedu le of Fees and Charges.

e) Council Indemnity: The Council is indemnified a gainst any claims arising from

works carried out by the Applicant/Owner on Council property. f) Compliance with Laws: This approval does not ne gate the requirement for

compliance with all other relevant local laws and o ther statutory requirements." Moved Cr A Pike Seconded Cr K Farinelli Resolution Number 931 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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7.3 DEV2014/0106 - MATERIAL CHANGE OF USE FOR LIGHT INDUSTRY (FABRICATION & TYRE CENTRE)

Executive Summary: Council is in receipt of an application for a Material Change of Use for a Light Industry (Fabrication & Tyre Centre). The application was prepared by Paul E Jensen for the establishment of Light Industry within the Rural Zone on land described as Lot 1 on RP738149, situated at 55593 Bruce Highway, Ellerbeck. The application was Impact assessable and therefore public notification was required. No properly made submissions were received by Council. The application triggered referral to the Department of State Development, Infrastructure and Planning as the lot abuts a state controlled road (Bruce Highway). The subject site is located within the Regional Landscape and Rural Production Area as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031. The development is considered to be consistent with the intent and policies of the plan. The State Planning Policy (July 2014) applies to this development as the site is located in an area identified to be affected by natural hazards. The application was assessed accordingly and is considered to comply with the policy. The application is generally consistent with the provisions of the FNQ Regional Plan 2031, State Planning Policy (July 2014), Cardwell Shire Planning Scheme 2007 and therefore the application for Material Change of Use for a Light Industry (Fabrication & Tyre Centre) is recommended for approval, subject to reasonable and relevant conditions. Recommendation: “That a Development Permit be issued for a Material Change of Use for a Light Industry (Fabrication & Tyre Centre) on land descri bed as Lot 1 on RP738149, situated at 55593 Bruce Highway, Ellerbeck; subject to the f ollowing conditions: Assessment Managers Conditions: 1. Proposal: That the development be undertaken gen erally in accordance with the

application, documentation and plans in the table b elow, accepted by Council on 11 December 2014 and 10 February 2015 relating to D evelopment Application – DEV2014/00106, excepting where varied by the follow ing conditions.


Job No. 214 -860, Issue A, Sheet 1

Site Plan Dated SEPT 14


Shed Setout Plan Dated SEPT 14


Shed Elevations

Dated SEPT 14


Shed Elevations

Dated SEPT 14

N/A Unnamed (Shed Floor Plan) Received by Council on 10 February 2015


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7.3 DEV2014/0106 - MATERIAL CHANGE OF USE FOR LIGHT INDUSTRY (FABRICATION & TYRE CENTRE) (CONT'D…)

2. Timing of Effect: The conditions of the Developm ent Permit must be complied

with prior to the commencement of use, except where specified otherwise in these conditions of approval.


required by these conditions shall be provided to C ouncil to be endorsed by the Director Planning & Environmental Services, prior t o an application being made for building work. A copy of the endorsed plans mu st also be provided to the person from whom building approval is sought.

4. Car Parking & Internal Works: The applicant/owne r must ensure that the

development provides a minimum of four (4) on-site car parking spaces, including one (1) disabled car parking space. The a pplicant/owner is to provide a site plan showing the location of the proposed car parks for endorsement by the Director Planning & Environmental Services. All car parking facilities and internal works must comply with the following requirements:

� All car parking facilities, associated manoeuvring areas and internal works are to be to an all weathered gravel standard , appropriately drained and marked; and

� All car parking facilities are to be maintained an d available at all times.

All works must be constructed in accordance with th e Development Permit to the satisfaction of the Director Planning & Environ mental Services, prior to the commencement of use.

5. Public Utilities – Alterations: Any relocation o r alteration to any public utilities in association with works pertaining to this developme nt must be undertaken as required by the relevant service provider and at no cost to Council.

6. Stormwater Discharge: The owner must ensure that the flow of all external stormwater from the property is directed to a lawfu l point of discharge, such that stormwater does not adversely affect surrounding pr operties to the requirements and satisfaction of the Director Plann ing & Environmental Services.

7. Waste Bins & Storage Areas: Waste bin and storag e areas must be screened

from view of adjoining properties and road frontage s, to the requirements and satisfaction of the Director Planning & Environment al Services.

8. Erosion and Sediment Control: Effective sediment and erosion control must be

maintained at all times during and after constructi on work until there is adequate vegetation cover, paved areas or other con trols to prevent any silt run-off from the site to the satisfaction of the Direct or Planning & Environmental Services.


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9. Environmental Nuisance: The applicant/owner is t o ensure that noise from either

air conditioning units, service equipment, swimming pool filters or other mechanical equipment must not emanate from the subj ect land to a degree that would, in the opinion of the Director Planning & En vironmental Services, create an environmental nuisance having regard to the prov isions of the Environmental Protection Act 1994, Environmental Protection (Nois e) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

10. Night Lighting: The applicant/owner is to ensur e that all night lighting is

designed and constructed to the satisfaction of the Director, Planning & Environmental Services so as to ensure that light e mitted from the subject site does not, in the opinion of the Director Planning & Environmental Services, create an environmental nuisance having regard to t he provisions of the relevant Australian Standard, Environmental Protect ion Act 1994 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

Concurrence Agency Conditions: Department of State Development Infrastructure and Planning provided Concurrence Agency Conditions, relating to the state trigger fo r proximity to and access from a State-controlled road (Bruce Highway) dated 21 Augu st 2014 - Reference SDA-0714-012371. Assessment Managers Advice:

a) Relevant Period: The relevant period for the dev elopment approval (Material Change of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341 of SPA, the development approval for Material Change of Use lapses if the building work under the approval is not complete within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).


b) Notice of Intention to Commence Use: The owner m ust return to Council the attached Notice of Intention to Commence Use after acceptance of and compliance with these or negotiated conditions (or court determined conditions) and prior to the commencement of the use. This will allow a check for compliance with conditions to be carried out by Council office rs.

c) Required Approvals: A development approval for B uilding and Plumbing & Drainage Works including On-site Sewerage Facility will be required for the construction of the new shed and internal plumbing fixtures, with a permit for these works issued prior to any works commencing.


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d) Cultural Heritage: The applicant/owner is to ens ure compliance with the requirements of the Aboriginal Cultural Heritage Ac t and in particular ‘the duty of care’ that it imposes all landowners, developers an d the alike.

e) Environmental Nuisance: The Environmental Protec tion Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reas onable and practicable measures to prevent or minimise the harm. Environme ntal harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this developm ent, are to adhere to their "general environmental duty" to minimise the risk o f causing environmental harm

Environmental harm is defined by the Act as any adv erse affect, or potential adverse affect whether temporary or permanent and o f whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any int erference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust , waste water, waste products, grit, sediment, oil or otherwise, or caus e hazards likely in the opinion of the Council to cause undue disturbance or annoyance to persons or affect property not connected with the use."

Moved Cr G Raleigh Seconded Cr B Macdonald Resolution Number 932 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED 9.55am Messrs A Page (Manager Finance), S Hathurusingha (Coordinator Waste Management) and I Kuhl (Waste Management Advisor) entered the meeting.


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7.4 DEV2015/0002 - MATERIAL CHANGE OF USE FOR A TOU RIST FACILITY Executive Summary: Council is in receipt of an application for a Material Change of Use for a Tourist Facility. The application was prepared by Gregorio & Angelina Sciacca for the establishment of a Tourist Facility within the Rural Zone on land described as Lot 3 on RP708881, situated at 144 Kate Boylan Road. The application was impact assessable and therefore public notification was required. No properly made submissions were received by Council. The application did not trigger any Referral Agencies. The subject site is located within the Regional Landscape and Rural Production Area as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031, the development is considered to be consistent with the intent and policies of the plan. The application is generally consistent with the provisions of the Johnstone Shire Council Planning Scheme 2005 and therefore the application for Material Change of Use for a Tourist Facility is recommended for approval, subject to reasonable and relevant conditions. Recommendation: “That a Development Permit be issued for a Material Change of Use for a Tourist Facility on land described as Lot 3 on RP708881, si tuated at 144 Kate Boylan Road, subject to the following conditions: 1. Proposal: That the development be undertaken gen erally in accordance with the

application, documentation and plans in the table b elow, accepted by Council on 5 January 2015, all relating to Development Applica tion – DEV2015/0002, excepting where varied by the following conditions.


DWG No. - 1 JOB No. - 1248

Existing Floor Plan Dec, 2014

DWG No. - 2 JOB No. - 1248

Hand Basin/ Disabled Toilet detail Dec, 2014

DWG No. - 3 JOB No. - 1248

Detail SD1 Dec, 2014

DWG No. - 4 JOB No. - 1248

Space Identification and Delineation

Dec, 2014

DWG No. - 5 JOB No. - 1248

Site Plan Dec, 2014

2. Timing of Effect: The conditions of the Developm ent Permit must be complied

with prior to commencement of use, except where spe cified otherwise in these conditions of approval.


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7.4 DEV2015/0002 - MATERIAL CHANGE OF USE FOR A TOU RIST FACILITY (CONT'D…)


required by these conditions shall be provided to C ouncil to be endorsed by the Director Planning & Environmental Services, prior t o an application being made for building work. A copy of the endorsed plans mu st also be provided to the person from whom building approval is sought.

4. Car Parking & Internal Works: The applicant/owne r must ensure that the

development provides a minimum of Seven (7) on-site car parking spaces, including one (1) disabled car parking spaces and o ne (1) bus car park, as per the Site Plan (Job No. 1248, Drawing No. 05, dated Dec 14, received by Council on 5 January 2015), to the satisfaction of the Dire ctor Planning & Environmental Services. All car parking facilities and internal works must comply with the following requirements:

� All car and bus parking facilities, associated man euvering areas and internal works are to be to an all weathered gravel standard, appropriately drained and marked; and

� All car parking facilities are to be maintained an d available at all times.

All works must be constructed in accordance with th e Development Permit to the satisfaction of the Director Planning & Environment al Services, prior to commencement of use.

5. Lot Access: The applicant/owner must install a C ommercial Access Crossover

in accordance with the FNQROC Development Manual pr ior to the commencement of the use. An approval must be gained from Councils Works Department - Asset Engineering for the access cross over prior to works commencing. The applicant/owner must provide writte n evidence from Councils Works Department – Asset Engineering confirming tha t the required access crossover from Kate Boylan Road, Boogan has been co nstructed to the required standard, prior to the commencement of the use.

6. Access Driveway: The applicant/owner must constr uct the proposed access

driveway extending from the approved crossover by t he Works Department – Asset Engineering to and from the car and bus parki ng area as per the Site Plan (Job No. 1248, Drawing No. 05, dated Dec 14, receiv ed by Council on 5 January 2015) The access driveway is to be constructed to a n all weathered gravel standard (150mm) with appropriate drainage to the s atisfaction of the Director Planning & Environmental Services.

7. Internal Pathways: All internal pathways from th e car parking area to the disable

toilet and function area are to be imperviously sea led to the satisfaction of the Director Planning & Environmental Services, prior t o the commencement of the use.


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7.4 DEV2015/0002 - MATERIAL CHANGE OF USE FOR A TOU RIST FACILITY (CONT'D…)

8. Public Utilities – Alterations: Any relocation o r alteration to any public utilities in

association with works pertaining to this developme nt must be undertaken as required by the relevant service provider and at no cost to Council.

9. Stormwater Drainage: The applicant/owner must en sure that the flow of all

external stormwater from the property is directed t o a lawful point of discharge, such that stormwater does not adversely affect surr ounding properties to the satisfaction of the Director Planning & Environment al Services.

10. Waste Bin Storage Areas: The applicant/owner is to ensure that waste bin

storage areas are screened from view of adjoining p roperties, to the satisfaction of the Director Planning & Environmental Services.

11. Environmental Nuisance: The applicant/owner is to ensure that noise from either

air conditioning units, service equipment, swimming pool filters or other mechanical equipment must not emanate from the subj ect land to a degree that would, in the opinion of the Director Planning & En vironmental Services, create an environmental nuisance having regard to the prov isions of the Environmental Protection Act 1994, Environmental Protection (Nois e) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

12. Night Lighting: The applicant/owner is to ensur e that all night lighting is

designed and constructed to the satisfaction of the Director, Planning & Environmental Services so as to ensure that light e mitted from the subject site does not, in the opinion of the Director Planning & Environmental Services, create an environmental nuisance having regard to t he provisions of the relevant Australian Standard, Environmental Protect ion Act 1994 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

Assessment Managers Advice:

a) Relevant Period: The relevant period for the dev elopment approval (Material Change of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341 of SPA, the development approval for Material Change of Use lapses if the building work under the approval is not complete within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).


b) Notice of Intention to Commence Use: The applica nt/owner must return to Council the attached Notice of Intention to Commence Use af ter acceptance of and compliance with these or negotiated conditions (or court determined conditions) and prior to the commencement of the use. This will allow a check for compliance with conditions to be carried out by Council office rs.


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7.4 DEV2015/0002 - MATERIAL CHANGE OF USE FOR A TOU RIST FACILITY

c) Required Approvals: A development approval for B uilding Works (Change of Classification) will be required, with a permit for these works issued prior to the commencement of the use.

d) Food Licence: The applicant/owner must apply for a Food Licence with Council's Environmental Services Section prior to the issue o f the Certificate of Classification for the Facility. The Food Licence a pplication must include detailed plans (1:100) of the food premise layout including details and locations of equipment, in accordance with the Food Act 2006.

e) Agricultural Activities: All associated agricult ural activities carried out on-site must be carried out to ensure the facility and othe r sensitive land uses in the area are not negatively affected by the operations. All agricultural activities (including spraying, use of chemicals and separation areas) mu st be carried out in accordance with relevant legislation, policies and code of practice.

f) Cultural Heritage: The applicant/owner is to ens ure compliance with the requirements of the Aboriginal Cultural Heritage Ac t and in particular ‘the duty of care’ that it imposes all landowners, developers an d the alike.

g) Engineering Works: The applicant/owner is to ens ure that the engineering works involved in the proposed development are designed a nd constructed in accordance with the FNQROC Development Manual.

h) Environmental Nuisance: The Environmental Protec tion Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reas onable and practicable measures to prevent or minimise the harm. Environme ntal harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this developm ent, are to adhere to their "general environmental duty" to minimise the risk o f causing environmental harm.

Environmental harm is defined by the Act as any adv erse affect, or potential adverse affect whether temporary or permanent and o f whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any int erference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust , waste water, waste products, grit, sediment, oil or otherwise, or caus e hazards likely in the opinion of the Council to cause undue disturbance or annoyance to persons or affect property not connected with the use."

Moved Cr K Farinelli Seconded Cr A Pike Resolution Number 933 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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7.5 APPLICATION FOR COMMERCIAL LICENCE - MISSION BE ACH TAVERN - 2RP18333, SITUATED AT 52 PORTER PROMENADE, MISSION BEACH

Executive Summary: Request for comments on a proposal to establish a Commercial hotel licence for the proposed: MISSION BEACH TAVERN – MISSION BEACH Application for Commercial Hotel Licence. Real Property Description: Lot 2 on RP718333, County of Nares, Parish of Hull. Recommendation: “That Council offer no objection to the proposal an d advise the Office of Liquor and Gaming Regulation that: 1. it expects that the Office of Liquor and Gaming Regulation will apply appropriate

conditions to manage noise and patron behaviour; an d 2. it notes the proposal by the applicant to includ e part of the footpath into the

licensed area. Such land falls under Council’s cont rol and the applicant will need to maintain a Council approval to use this area for a commercial purpose under Councils Local Laws. In principle, Council does not object to this concept and it will be up to the applicant to seek such an approva l. ”

Moved Cr A Pike Seconded Cr B Macdonald Resolution Number 934 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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7.6 CLARIFICATION OF SERVICE EXPECTATIONS IN RELATI ON TO AFTER HOURS CALLOUT SERVICE FOR THE ANIMAL MANAGEMENT PROGRAM

Executive Summary: Clarification of service expectations in relation to After hours Call-out service for the Animal Management Program. Recommendation: "That Council:

1. reconfirm its position that it does not accept t he responsibility for administering animal welfare for the Cassowary Coas t Region;

2. reconfirm its current service expectation in reg ard to the After Hours response

service, which is “that only a limited range of iss ues are escalated to a senior officer who then determines an appropriate response ”;

3. acknowledge that the operational procedures for dealing with:

a. stray animals includes; i. no officer being dispatched for a pick-up unless an animal is

restrained; ii. no After Hours pick-ups of stray animals.

b. Injured animals is that callers are directed to contact the RSPCA or an animal welfare service;

c. animal attacks is that such 'investigations' are generally undertaken during

office hours.”

Moved Cr B Macdonald Seconded Cr G Raleigh Resolution Number 935 "That the Recommendation be adopted subject to an a mendment at Dot Point 1 as follows: 1. reconfirm its position that it does not accept t he responsibility for administering

animal welfare (INSERT) for injured animals for the Cassowary Coast Region. FOR VOTE - Unanimous CARRIED 10.50am - 11.10am The meeting adjourned for morning tea. 11.20am Ms L Koppen-Bradley and Ms M Murphy (Business Support Accountants) entered the meeting.


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7.7 FNQROC - TENDER CONTRACT FNQ0004 COLLECTION OF FERROUS SCRAP METAL TO SIMS METAL MANAGEMENT LTD

Executive Summary: Cassowary Coast Regional Council, as a member of The Far North Queensland Regional Organisation of Councils (FNQROC), has participated in the calling of suitably qualified suppliers to tender for the collection and removal of ferrous scrap metal and/or used lead acid batteries (ULAB) across the FNQROC region. The intent of the contract is that ferrous metal and ULAB stockpiles are managed at acceptable levels and for Councils to achieve a fair and certain return for the value of the materials collected Recommendation: "That Council: 1. Award Contract FNQ004, separable portion 1, Coll ection & Removal of Ferrous

Scrap Metal to Sims Metal Management Ltd based on t he schedule of rates provided for 12 months from 1 May 2015 to 30 April 2016 with the option for a further 12 month extension;

2. Adopt the Register of Pre-Qualified Suppliers in accordance with the attached

supplier listing for 24 months from 1 May 2015 to 3 0 April 2016, with the option for a further 12 month extension; and

3. Delegate authority to the Chief Executive Office r in accordance with the Local

Government Act 2009 to negotiate, finalise and execute any and all mat ters associated with these arrangements."

Moved Cr M Nolan Seconded Cr G Raleigh Resolution Number 936 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED 11.35am Messrs S Hathurusingha and I Kuhl left the meeting.


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7.8 APPLICATION FOR EXTENDED TRADING HOURS - MISSIO N BEACH HOTEL, WONGALING BEACH

Executive Summary: Request for comments on a proposal for extended trading hours liquor licensing for: MISSION BEACH HOTEL-MOTEL - WONGALING BEACH Application for Extended Trading Hours Real Property Description: Lot 3 on SP 102673 and L ot 4 on RP 907229, County of Cardwell, Parish of Rockingham. Recommendation: “That Council offer no objection to the proposal an d advise the Office of Liquor and Gaming Regulation accordingly.” Moved Cr I Rule Seconded Cr G Raleigh Resolution Number 939 "That the Recommendation be adopted." FOR VOTE - Crs I Rule, G Raleigh, B Macdonald, M Nolan and K Farinelli AGAINST VOTE - Crs A Pike and B Shannon

CARRIED


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8. CORPORATE

8.1 CORPORATE SERVICES FINANCIAL REPORT FEBRUARY 20 15 Executive Summary: The purpose of this report is for Council to receive the Financial Report for the period ending 28 February 2015, prepared on 6 March 2015. The Director Corporate Services will be available at the Council meeting to answer any questions Councillors may have. Recommendation: “That the report be received and noted.” Moved Cr G Raleigh Seconded Cr B Macdonald Resolution Number 940 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED The Manager Finance introduced Ms Koppen-Bradley and Ms M Murphy to Council and gave a brief outline of the respective officers' roles in financial and budget reporting/preparation and the direction both accountants would be taking into the future with respect to their responsibilities. 12.00pm Ms L Koppen-Bradley and Ms M Murphy left the meeting.


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8.2 REVIEW OF THE CORPORATE PLAN 2013 - 2017

Executive Summary:

Council has undertaken a review of the Corporate Plan originally adopted on the 24 April 2013. The purpose of the review was to gain an understanding from Council concerning direction of the document and the effectiveness of the strategies incorporated in the Corporate Plan. The review involved a workshop with Councillors and senior staff systematically analysing the various strategies under the five key focus areas. The strategies adopted by Council were assessed to determine whether they were effective in meeting the objectives. In some cases the strategies were no longer relevant or needed to be refocused. Minor changes have been made as a result of the review. Overall the Corporate Plan was seen as generally on target, relevant and guiding decision-making.

Recommendation:

“That the amended Corporate Plan 2013 - 2017 be app roved.” Moved Cr M Nolan Seconded Cr B Macdonald Resolution Number 941 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

9. NOTICE OF MOTION

Nil


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10. GENERAL BUSINESS

10.1 VANUATU'S HUMANITARIAN CRISIS AS A RESULT OF C YCLONE PAM Mayor Bill Shannon expressed concern for the thousands of people in Vanuatu who are in urgent need of emergency shelter and humanitarian aid in the wake of Cyclone Pam. Cr Shannon said that during a discussion with the Chief Executive Officer about whether the Council could assist Vanuatu's residents in some way, the CEO advised that an amount up to $5,000 may be available if Council did determine that it wished to provide support. Cr Nolan asked whether the Council would be prepared to contribute towards the hire of two shipping containers to transport furniture items, mattresses, etc. being donated through a coordinated community response to the local Vanuatu appeal? The A/g Chief Executive Officer, Peter Cochrane suggested that Council offer its support to the value of $5,000 and let the service club/community organisation coordinating the response determine what it might be spent on. The Council was in general agreement that this option had merit. This matter to be referred to the Director Corporate Services to progress.

10.2 ETTY BAY SURF LIFE SAVING CLUB INC. - SEPTIC A ND SOAKAGE TRENCH

PROBLEMS Cr Mark Nolan advised that the President of the Etty Bay Surf Life Saving Club had informed him that the Council had not responded to his letter 'tabled' by Cr Nolan at the Local Government Meeting on 9 October 2014. The letter referred to a significant environmental issue the Club was experiencing with its septic/soakage trench failing. The Etty Bay Surf Life Saving Club sought permission to pump the waste product into the Caravan Park's pump station. They have applied for a grant to help with the costs and are requesting Council's consideration to extending the sewer line to the boundary to overcome the current problems. This matter will be referred to the Works Department to provide comment.

10.3 RECREATIONAL VEHICLES AND QUAD BIKES ON BEACHE S

Cr Alister Pike advised that he has been contacted by the President of the Kurrimine Beach Fishing Club about signage which has been erected by Council at Kurrimine Beach (and Cowley Beach) saying "No quad bikes on Beach". Clearly, Council's intent when it gained control of the beaches was to restrict quad bike use on beaches and its position has not changed on this issue. However, the Club has a current permit to service the stinger stations from the mouth of the Maria Creek to Cowley Rocks using a quad bike. The Club is concerned about Council's signage and what it might mean to their ability to service these stinger stations into the future and the apparent lack of consultation with the wider community on this issue. This matter to be referred to the Coordinator Natural Environment to review.


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11. CONFIDENTIAL

Nil 12.25pm There being no further business, the Mayor declared the meeting closed. CONFIRMED AS A TRUE AND CORRECT RECORD THIS 9 th DAY OF APRIL 2015.

________________________________ Mayor

local government meeting - cassowary coast region · 3/26/2015 · quality management plan, stage...

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