the palms plan of development

1

THE PALMS PLAN OF

DEVELOPMENT

Variation Request under Section 43 and 50(3) of the Planning Act

2016 to vary the effect of the CairnsPlan Planning Scheme

Prepared for:

PPNQ Developments Pty Ltd

October 2020

APPENDIX NO. 1 - APPROVED PLANS & DOCUMENTS

1

Separate Attachment to Clause No. 1 - Planning and Environment Committee 11 November 2020

2

Contents

Contents .................................................................................................................................................. 2

1. Introduction .................................................................................................................................... 3

1.1 The Palms Structure Plan Objectives ........................................................................................... 3

2. Using The Palms Plan of Development ........................................................................................... 5

2.1 Relationship to the Cairns Regional Council Planning Scheme .................................................... 5

2.2 Categories of Assessment ............................................................................................................ 5

2.3 Assessment Benchmarks .............................................................................................................. 5

2.4 Interpretation ............................................................................................................................... 6

Figures

Figure 1 The Palms Structure Plan

Figure 2 The Palms Precinct Plan

Annexures

Annexure A The Palms Tables of Assessment

Annexure B The Palms Development Code

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3

1. Introduction

The Palms Plan of Development is intended to transform the existing Paradise Palms golf course site

into a world-class mixed-use community comprising a high-quality residential estate, tourist/holiday

park, retirement village, school, vibrant village hub and significant recreation and natural spaces.

The development is set amongst an abundance of natural vegetation, creek corridors and existing

landscaped grounds and includes magnificent views to the Macalister Ranges to the west. These

existing features have shaped the layout of the Structure Plan, and their retention and capitalisation

is central to the vision for the project, which is to create a connected community, framed by nature.

The retention of the existing golf clubhouse also forms an important part of the overall vision for the

project, creating an opportunity for a vibrant village hub where residents, tourists and visitors alike

can come together to connect. The clubhouse is a significant, iconic structure which has been greatly

underutilised for many years and the establishment of a world-class tourist/holiday park alongside

this building is considered to represent an opportunity to utilise it for administration and check-in

functions, dining, entertainment and other associated functions, as well as local-scale retail and

community facilities to service surrounding residents and visitors of the tourist/holiday park.

1.1 The Palms Structure Plan Objectives

The Palms Structure Plan is included as Figure 1.

The Structure Plan identifies a series of precincts across the site as follows:

• Precinct 1 – The Palms Tourist Accommodation Precinct

• Precinct 2 – The Palms Village Precinct

• Precinct 3 – The Palms Low Density Residential Precinct

• Precinct 4 – The Palms Low-Medium Density Residential Precinct

• Precinct 5 – The Palms Open Space Precinct

The Structure Plan:

1. Represents an appropriate form of development across the site which retains and celebrates

the significant natural waterway and vegetation corridors through the site.

2. Provides opportunities for a high level of pedestrian connectivity through open space linkages

across the site, connecting a series of park nodes to form a unique open space network that

becomes an asset to existing and future residents and the broader community in general.

3. Provides for residential areas with a high level of amenity, framed by natural features,

comprising detached dwellings-only over the majority of the site, particularly adjacent to

existing residential dwellings.

4. Provides opportunities for medium density residential options and community facilities in

appropriately-located areas, away from existing residential dwellings and in close proximity

to public transport and the proposed village hub.

5. Provides opportunities for a vibrant village hub that will capitalise on the existing clubhouse

building and cater for locals, tourists and visitors.

6. Provides opportunities for low-scale tourist accommodation to support the reinvigoration of

the existing clubhouse building and support the local tourism industry by creating a new

landmark tourist/holiday park which capitalises on the growing demand for family-orientated

tourist park accommodation.

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4

7. Accommodates a link road through the site from the existing Paradise Palms Drive roundabout

to Moore Road to enable the efficient movement of traffic throughout the site.

4


5

2. Using The Palms Plan of Development

2.1 Relationship to the Cairns Regional Council Planning Scheme

The Palms Plan of Development applies to land located at the Captain Cook Highway, Paradise Palms

Drive and Moore Road, Kewarra Beach, as identified on The Palms Structure Plan.

References within The Palms Plan of Development to the “CRC Planning Scheme” are references to

the CairnsPlan 2016 v1.3, or any subsequent Planning Scheme in effect for the Cairns Regional Council

local government area as at the date a future development application is made in respect of land to

which the Variation Approval applies.

The Palms Plan of Development is a Variation Approval which varies the effect of the CRC Planning

Scheme for development of the land to which the approval applies for the life of the approval or until

development is completed.

The provisions of this Variation Approval are to be read and applied in conjunction with the CRC

Planning Scheme.

The Variation Approval provides for the assessment of future and ongoing development of the subject

land generally reflective of:

• The Palms Structure Plan as Figure 1;

• The Palms Precinct Plan included as Figure 2; and

• The Palms Development Code included as Annexure B.

The Palms Plan of Development:

• Defines the development intent for the land beyond the broad intent of the Planning Scheme

and the principles under which this will be achieved;

• States the category of assessment for development on the land where reflective of The Palms

Structure Plan; and

• Sets the assessment benchmarks for assessment of future development on the subject land.

Development is to be assessed against The Palms Plan of Development and the CRC Planning Scheme.

To the extent of any inconsistencies, The Palms Plan of Development prevails over the CRC Planning

Scheme.

2.2 Categories of Assessment

The Palms Plan of Development applies to all development on land identified on The Palms Structure

Plan and The Palms Precinct Plan. Tables of Assessment which identify the relevant categories of

assessment for development within the various precincts shown on The Palms Structure Plan and The

Palms Precinct Plan are included as Annexure A.

2.3 Assessment Benchmarks

The Palms Plan of Development includes a range of development provisions within The Palms

Development Code (included as Annexure B). These provisions apply in addition to any relevant

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assessment benchmarks contained within the CRC Planning Scheme and prevail over the CRC Planning

Scheme assessment benchmarks to the extent of any inconsistencies

2.4 Interpretation

The table below identifies how terminology used within The Palms Plan of Development is intended

to be used interchangeably with corresponding terminology within version 1.3 of the CRC Planning

Scheme:

The Palms Plan of Development CairnsPlan

Low Density Residential Precinct Low Density Residential Zone

Low-Medium Density Residential Precinct Low-Medium Density Residential Zone

Tourist Accommodation Precinct Tourist Accommodation Zone

Village Precinct Neighbourhood Centre Zone

Protected Vegetation* Biodiversity Area / Significant Environment Area*

For example, when assessing development against codes contained within the CRC Planning Scheme,

the Low Density Residential Precinct of The Palms Plan of Development is taken to be the Low Density

Residential Zone of the CRC Planning Scheme, and the Village Precinct of The Palms Plan of

Development is taken to be the Neighbourhood Centre Zone under the CRC Planning Scheme.

For the purpose of assessing any future development applications for land to which the Variation

Approval applies, a reference to the Low Density Residential Zone within an Overlay, Land Use or

Development Code of the CRC Planning Scheme (or equivalent terminology adopted in any future

version of the CRC Planning Scheme) is taken to be a reference to The Palms Low Density Residential

Precinct.

* Protected Vegetation mapped on the Structure Plan and Precinct Plan of The Palms Plan of

Development is taken to be a Biodiversity Area for the purpose of the Natural Areas Overlay Code

under the CRC Planning Scheme, and replaces the Significant Environment Area on the Natural Areas

Overlay mapping.

A reference to a sensitive land use within The Palms Plan of Development is a reference to those land

uses defined as a Sensitive Land Use per Schedule 1 within version 1.3 of the CRC Planning Scheme.

A reference to land zoned for a sensitive land use within The Palms Plan of Development is a

reference to Residential Zones so defined per Schedule 1 within version 1.3 of the CRC Planning

Scheme. Unless an alternate definition is provided for within The Palms Plan of Development, terms

are defined by reference to Schedule 1 of the CRC Planning Scheme.

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7

Figure 1

The Palms Structure Plan

7


THE PALMS, CAIRNSSTRUCTURE PLAN 1:2500 @ A1

DATE: 23.10.2020JOB NO: P0001586DWG NO: SP-01REV: 16

LEGEND:

SITE BOUNDARY

EXISTING ROADS

EXISTING BRIDGES

PROPOSED ROADS

BUFFER AREA

PRIMARY PARK NODE

INDICATIVE PEDESTRIAN NETWORK

SCHOOL SITE

CONTROLLED ACCESS POINTS

SETBACK/BUFFER AS PER PLAN OF DEVELOPMENT

TOP OF BANK

10m TOP OF BANK BUFFER

POSSIBLE 5m TOP OF BANK BUFFER

INDICATIVE WATERWAY CENTRELINE

OPEN SPACE PRECINCT

PROTECTED VEGETATION SUB-PRECINCT

PARK NODE SUB-PRECINCT

LOW DENSITY RESIDENTIAL PRECINCT

LOW-MEDIUM DENSITY RESIDENTIAL PRECINCT

VILLAGE PRECINCT

TOURIST ACCOMMODATION PRECINCT

CAPTAIN

COOK

HIGHWAY

MOORE ROAD

PARADISE PALMS

DRIVE

8


8

Figure 2

The Palms Precinct Plan

9


THE PALMS, CAIRNSPRECINCT PLAN 1:2500 @ A1

DATE: 23.10.2020JOB NO: P0001586DWG NO: PP-01REV: 6

LEGEND:

SITE BOUNDARY..................................................................................95.7ha

EXISTING ROADS

PROPOSED ROADS

TOTAL OPEN SPACE PRECINCT....................................................33.4ha

OPEN SPACE PRECINCT (GENERAL).....................................13.9ha

PROTECTED VEGETATION SUB-PRECINCT........................18.2ha

PARK NODE SUB-PRECINCT........................................................1.3ha

LOW DENSITY RESIDENTIAL PRECINCT...................................33.2ha

LOW-MEDIUM DENSITY RESIDENTIAL PRECINCT..................9.9ha

VILLAGE PRECINCT...............................................................................4.1ha

TOURIST ACCOMMODATION PRECINCT....................................15.1ha

CAPTAIN

COOK

HIGHWAY

MOORE ROAD

PARADISE PALMS

DRIVE

10


9

Annexure A

The Palms Tables of Assessment

11


Precinct 1 – The Palms Tourist Accommodation Precinct

Column 1 Column 2

Column 3

Development Category of assessment

Assessment criteria

CR

C P

lann

ing

Sche

me

The

Pal

ms

deve

lopm

ent c

ode

Aci

d su

lfate

soi

ls o

verla

y co

de*

Airp

ort e

nviro

ns o

verla

y co

de*

Bus

hfire

haz

ard

over

lay

code

*

Flo

od a

nd in

unda

tion

haza

rds

over

lay

code

*

Hills

lope

s ov

erla

y co

de*

Lan

dsca

pe v

alue

s ov

erla

y co

de*

Nat

ural

are

as o

verla

y co

de*

Tra

nspo

rt ne

twor

k ov

erla

y co

de*

Mul

tiple

dw

ellin

g an

d sh

ort-t

erm

acc

omm

odat

ion

c

ode

Tou

rist p

ark

code

C

entre

des

ign

code

Envi

ronm

enta

l per

form

ance

cod

e

Exca

vatio

n an

d fil

ling

code

Infra

stru

ctur

e w

orks

cod

e

Lan

dsca

ping

cod

e

Par

king

and

acc

ess

code

Rec

onfig

urin

g a

lot c

ode

Veg

etat

ion

man

agem

ent c

ode

Material change of use

Food and drink outlet Code a a a a a a a a a

a a a a a a a

Function facility Code a a a a a a a a a

a a a a a a a

Hotel Code*1 a a a a a a a a a a a a a a a a

Park Accepted

Resort complex Code*1 a a a a a a a a a a a a a a a a

Short-term accommodation Code*1 a a a a a a a a a a a a a a a a

Tourist park Code*1 a a a a a a a a a

a a a a a a a

All other uses not otherwise identified Impact a a

Undefined uses Impact a a

Reconfiguring a lot

Reconfiguring a lot Code a a a a a a a a a

a a a a a

Operational work

Operational work Code a a a a a a a a a

a a a a

IF for excavation or filling of greater than 50m³ Code a a a a a a a a a

a a

IF for excavation or filling of 50m³ or less

Accepted a a a a a a

a

IF for vegetation damage Accepted a a a a a a

a

IF for works on a local government road


a

12


Building work

Minor building work Accepted a a a a a

a a

Building work Accepted a a a a a

a a

* Applicable overlay codes are identified by reference to the overlay maps contained in Schedule 2 of the CRC Planning Scheme.

*1 if not more than 2 storeys in height above existing ground level. If greater than 2 storeys, the level of assessment is Impact and the CRC Planning Scheme is an Assessment Criteria.

13


Precinct 2 – The Palms Village Precinct

Column 1 Column 2 Column 3 Development Category of

assessment Assessment criteria

CR

C P

lann

ing

Sche

me

The

Pal

ms

deve

lopm

ent c

ode

Aci

d su

lfate

soi

ls o

verla

y co

de*

Airp

ort e

nviro

ns o

verla

y co

de*

Bus

hfire

haz

ard

over

lay

code

*

Flo

od a

nd in

unda

tion

haza

rds

over

lay

code

*

Hills

lope

s ov

erla

y co

de*

Lan

dsca

pe v

alue

s ov

erla

y co

de*

Nat

ural

are

as o

verla

y co

de*

Tra

nspo

rt ne

twor

k ov

erla

y co

de*

Chi

ld c

are

cent

re c

ode

Com

mun

ity a

ctiv

ities

cod

e

Mar

ket c

ode

Mul

tiple

dw

ellin

g an

d sh

ort-t

erm

acc

omm

odat

ion

c

ode

T our

ist p

ark

code

R

oom

ing

acco

mm

odat

ion

code

Spo

rt an

d re

crea

tion

activ

ities

cod

e

Sal

es o

ffice

cod

e

Vet

erin

ary

serv

ices

cod

e

Cen

tre d

esig

n co

de

Env

ironm

enta

l per

form

ance

cod

e

Exc

avat

ion

and

fillin

g co

de

Infra

stru

ctur

e w

orks

cod

e

Lan

dsca

ping

cod

e

Par

king

and

acc

ess

code

Rec

onfig

urin

g a

lot c

ode

Veg

etat

ion

man

agem

ent c

ode

Material change of use Child care centre Code a a a a a a a a a a

a a a a a a a

Community use Code a a a a a a a a a a a a a a a a a

IF contained within an existing building Accepted a a a a a a a a a a a a a

Club Code a a a a a a a a a a a a a a a a a

Club (small scale) Code a a a a a a a a a a a a a a IF contained within an existing building

Accepted a a a a a a a a a a a

Educational establishment Code a a a a a a a a a

a a a a a a

Food and drink outlet Code a a a a a a a a a

a a a a a a a

IF contained within an existing building Accepted a a a a a a a a a a a a

Function facility Code a a a a a a a a a

a a a a a a a

Health care services Code a a a a a a a a a

a a a a a a a


Hotel Code*1 a a a a a a a a a

a a a a a a a

Indoor sport and recreation Code a a a a a a a a a a a a a a a a IF contained within an existing building


a a a a a a

Market Code a a a a a a a a a a

a a a a a a

Multiple dwelling Code*1 a a a a a a a a a a a a a a a a

14


Office Code a a a a a a a a a

a a a a a a a


Outdoor sport and recreation Code a a a a a a a a a

a a a a a a a

Park Accepted

Place of worship Code a a a a a a a a a a a a a a a a

Resort complex Code*1 a a a a a a a a a a a a a a a a a

Rooming accommodation Code*1 a a a a a a a a a

a a a a a a a

Sales office Accepted a a a a a a a a a a a a a

Shop Code a a a a a a a a a

a a a a a a a


Shopping centre Impact a a

IF contained within an existing building and the GFA of the shopping centre is less than 500m²

Code a a a a a a a a a

a a a a a a a

Short-term accommodation Code*1 a a a a a a a a a a

a a a a a a

Tourist attraction Code*2 a a a a a a a a a a a a a a a

Tourist park Code a a a a a a a a a a a a a a a a

Veterinary services Code a a a a a a a a a a a a a a a a




Reconfiguring a lot Reconfiguring a lot Code a a a a a a a a a

a a a a a

Operational work Operational work Code a a a a a a a a a

a a a a

IF for excavation or filling of greater than 50m³ Code a a a a a a a a a

a a

IF for excavation or filling of 50m³ or less Accepted a a a a a a

a

IF for vegetation damage Accepted a a a a a a

a



a

Building work Minor building work Accepted a a a a a

a a

15


Building work Accepted a a a a a

a a


*1 if not more than 2 storeys in height above existing ground level. If greater than 2 storeys, the level of assessment is Impact and the CRC Planning Scheme is an Assessment Criteria. *2 if not more than 17m in height above existing ground level OR more than 2ha in total area. If greater than 17m in height or 2ha in area, the level of assessment is Impact and the CRC Planning Scheme is an Assessment Criteria.

16


Precinct 3 – The Palms Low Density Residential Precinct

Column 1

Column 2 Column 3


Assessment criteria

CR

C P

lann

ing

Sche

me

The

Pal

ms

deve

lopm

ent c

ode

Aci

d su

lfate

soi

ls o

verla

y co

de*

Airp

ort e

nviro

ns o

verla

y co

de*

Bus

hfire

haz

ard

over

lay

code

*

Flo

od a

nd in

unda

tion

haza

rds

over

lay

code

*

Hills

lope

s ov

erla

y co

de*

Lan

dsca

pe v

alue

s ov

erla

y co

de*

Nat

ural

are

as o

verla

y co

de*

Tra

nspo

rt ne

twor

k ov

erla

y co

de*

Dua

l occ

upan

cy c

ode

Dw

ellin

g ho

use

code

Hom

e ba

sed

busi

ness

cod

e

Sal

es o

ffice

cod

e

Env

ironm

enta

l per

form

ance

cod

e

Exc

avat

ion

and

fillin

g co

de

Infra

stru

ctur

e w

orks

cod

e

Lan

dsca

ping

cod

e

Par

king

and

acc

ess

code

Rec

onfig

urin

g a

lot c

ode

Veg

etat

ion

man

agem

ent c

ode

Material change of use Dual occupancy Accepted a a a a a a a a a a a

IF on a lot less than 800m² Code a a a a a a a a a a a Dwelling house Accepted a a a a a a a a a a a Home based business Accepted a a a a a a a a a a a a Park Accepted Sales office Accepted a a a a a a a a a a a a a All other uses not otherwise identified Impact a a

Undefined uses Impact a a Reconfiguring a lot Reconfiguring a lot Code a a a a a a a a a a a a a a Operational work Operational work Code a a a a a a a a a a a a a IF for excavation or filling of greater than 50m³

Code a a a a a a a a a a a

IF for excavation or filling of 50m³ or less

Accepted a a a a a a a

IF for vegetation damage Accepted a a a a a a a IF for works on a local government road

Accepted a a a a a a a

Building work Minor building work Accepted a a a a a a a Building work Accepted a a a a a a a

17



18


Precinct 4 – The Palms Low-Medium Density Residential Precinct

Column 1 Column 2

Column 3


Assessment criteria

CR

C P

lan

nin

g S

che

me

Th

e P

alm

s d

evel

op

me

nt c

ode

Aci

d s

ulfa

te s

oils

ove

rlay

co

de*

Air

po

rt e

nvi

rons

ove

rlay

code

*

Bu

shfir

e h

aza

rd o

verla

y co

de*

Flo

od a

nd in

un

dat

ion

haz

ard

s o

verla

y co

de

*

Hill

slo

pes

ove

rlay

cod

e*

La

nds

cap

e v

alu

es

ove

rlay

cod

e*

Na

tura

l are

as o

verla

y co

de

*

Tra

nsp

ort

ne

two

rk o

verla

y co

de

*

Ch

ild c

are

cen

tre

co

de

Co

mm

un

ity a

ctiv

itie

s co

de

Du

al o

ccu

pa

ncy

cod

e

Dw

elli

ng h

ouse

cod

e

Ho

me

ba

sed

bu

sin

ess

code

Mu

ltip

le d

wel

ling

an

d s

ho

rt-t

erm

a

cco

mm

od

atio

n c

od

e

Re

loca

tabl

e h

om

e p

ark

an

d t

ouri

st p

ark

cod

e

Re

tire

me

nt f

aci

lity

an

d r

esi

den

tial c

are

f

aci

lity

cod

e

Sa

les

offi

ce c

ode

En

viro

nm

en

tal p

erf

orm

anc

e c

od

e

Exc

ava

tion

an

d fi

lling

cod

e

In

fras

truc

ture

wo

rks

cod

e

La

nds

cap

ing

co

de

Pa

rkin

g a

nd

acc

ess

co

de

Re

conf

igu

ring

a lo

t co

de

Ve

ge

tatio

n m

an

age

me

nt c

od

e


Child care centre Code a a a a a a a a a a a a a a a a

Club (small scale) Code a a a a a a a a a a a a a a a

Dual occupancy Accepted a a a a a a a a a a a

Dwelling house Accepted a a a a a a a a a a a

Educational establishment

Code a a a

a a a a a

a a a a a a

Home based business Accepted a a a a a a a a a a a a

Multiple dwelling Code*1 a a a a a a a a a a a a a a a a

Park Accepted

Relocatable home park Code*1 a a a a a a a a a a a a a a a a

Residential care facility Code*1 a a a a a a a a a

a a a a a a a

Retirement facility Code*1 a a a a a a a a a

a a a a a a a

Sales office Accepted a a a a a a a a a a a a



Reconfiguring a lot

Reconfiguring a lot Code a a a a a a a a a a a a a

Operational work

Operational work Code a a a a a a a a a a a a

IF for excavation or filling of greater than 50m³ Code a a

a a a a a a a

a

IF for excavation or filling of 50m³ or less Accepted a

a a a a a

19


IF for vegetation damage Accepted a a a a a a a


Accepted a

a a a a a

a

Building work

Minor building work Accepted a a a a a a

Building work Accepted a a a a a a


*1 if not more than 4 storeys in height above existing ground level. If greater than

4 storeys, the level of assessment is Impact and the CRC Planning Scheme is an Assessment Criteria.

20


Precinct 5 – The Palms Open Space Precinct

Column 1

Column 2

Column 3


Assessment criteria

CR

C P

lann

ing

Sche

me

The

Pal

ms

deve

lopm

ent c

ode

Aci

d su

lfate

soi

ls o

verla

y co

de*

Airp

ort e

nviro

ns o

verla

y co

de*

Bus

hfire

haz

ard

over

lay

code

*

Flo

od a

nd in

unda

tion

haza

rds

over

lay

code

*

Hills

lope

s ov

erla

y co

de*

Lan

dsca

pe v

alue

s ov

erla

y co

de*

Nat

ural

are

as o

verla

y co

de*

Tra

nspo

rt ne

twor

k ov

erla

y co

de*

Car

etak

ers

acco

mm

odat

ion

code

Com

mun

ity a

ctiv

ities

cod

e

Mar

ket c

ode

Spo

rt an

d re

crea

tion

activ

ities

cod

e

Env

ironm

enta

l per

form

ance

cod

e

Exc

avat

ion

and

fillin

g co

de

Infra

stru

ctur

e w

orks

cod

e

Lan

dsca

ping

cod

e

Par

king

and

acc

ess

code

Rec

onfig

urin

g a

lot c

ode

Veg

etat

ion

man

agem

ent c

ode


Caretaker’s accommodation Code a a a a a a a a a a a a a a a

Club (small scale) Accepted a a a a a a a a a a a a a a

Community Use Accepted a a a a a a a a a a a a a

Environment facility Accepted a a a a a a a a a a a a

Market Code a a a a a a a a a a a a a a a a

Outdoor sport and recreation Accepted a a a a a a a a a a a a a

Park Accepted



Reconfiguring a lot

Reconfiguring a lot Code a a a a a a a a a a a a a a a a

Operational work

Operational work Code a a a a a a a a a a a a a

IF for excavation or filling of greater than 50m³ Code a a

a a a a a a a a a

IF for excavation or filling of 50m³ or less Accepted a

a a a a a a

IF for vegetation damage Accepted a a a a a a a


Accepted a

a a a a a a

21


Building work

Minor building work Accepted a a a a a a a

Building work Accepted a a a a a a a


22


10

Annexure B

The Palms Development Code

23


The Palms Development Code

Application

This Code applies to assessing development on land identified within The Palms Structure Plan and The Palms Precinct Plan.

Purpose

The purpose of the code is to facilitate a mixed-use community comprising a high-quality residential estate, tourist/holiday park, retirement village, school, vibrant village

hub and significant recreation and natural spaces.

The purpose of the Code will be achieved through the following overall outcomes:

(1) Development of the site generally reflects The Palms Structure Plan and The Palms Precinct Plan, providing certainty for residents, Council, the community and other

stakeholders as the development progresses.

(2) Development of the site reflects the purpose and overall outcomes sought for the individual precincts outlined below.

Precinct 1 – The Palms Tourist Accommodation Precinct

(1) The purpose of The Palms Tourist Accommodation Precinct is to provide for short-term accommodation, supported by services and facilities in locations where

impacts to surrounding residents are minimised.

(2) The purpose of the Code will be achieved through the following overall outcomes:

(a) short-term accommodation is provided at a scale and density that services tourists;

(b) development has a maximum height of not more than 2 storeys above existing ground level;

(c) development achieves a maximum of 550 accommodation sites across the whole of the Precinct;

(d) development achieves variety in the provision of short term accommodation across the whole of the Precinct;

(e) development provides a high level of amenity taking into account impacts such as traffic, noise, dust, odour, and lighting;

(f) development provides a high level of visual amenity, incorporating tropical architectural elements and building design features;

(g) development reflects and responds to the natural features and constraints of the land; and

(h) recreational areas and appropriate infrastructure to support the short-term accommodation are provided.

24


Note: for the purpose of (c), an accommodation site includes a tent site or a motorhome/caravan site or a cabin/unit with 1 or more bedrooms.

Precinct 2 – The Palms Village Precinct

(1) The purpose of The Palms Village Precinct is to provide for a vibrant village hub which provides services for the adjacent Tourist Accommodation Precinct and local

community.

(2) The purpose of the code will be achieved through the following overall outcomes:

(a) A range of facilities and services are established to complement adjacent tourist accommodation, and service the local community; and

(b) Retail facilities are limited in scale so as not to impact the established hierarchy of centres.

Precinct 3 – The Palms Low Density Residential Precinct

(2) The purpose of The Palms Low Density Residential Precinct is to provide for predominantly dwelling houses supported by community uses and small-scale services and

facilities that cater for local residents.


(a) development achieves a maximum of 330 lots across the whole of the Precinct;

(b) development achieves an average lot size of not less than 600m2 across the whole of the Precinct;

(c) predominantly detached dwelling houses with a maximum height of not more than 2 storeys above existing ground level are established;

(d) a high level of residential amenity is maintained, having regard to traffic, noise, dust, odour, lighting and other locally specific impacts;

(e) development reflects and responds to the natural features and constraints of the land;

(f) community facilities, open space and recreational areas and appropriate infrastructure that supports only the needs of the local community (i.e. those

residential properties located on the western side of the Captain Cook Highway and within a 2km radius of Precinct 2 – The Palms Village Precinct) are

provided, or maintained;

(g) development that adjoins a sensitive land use is provided with a visual buffer to the sensitive land use; and

(h) development for a dual occupancy as an alternate form of housing occurs only where located on a lot with a minimum area of 600m2 and located where such

development does not dominate the streetscape.

25


Note: for the purpose of (a), a lot does not include a common property lot that is part of a community title scheme

Precinct 4 – The Palms Low-Medium Density Residential Precinct

(1) The purpose of The Palms Low-Medium Density Residential Precinct is to provide for a range and mix of dwelling types including dwelling houses and multiple

dwellings supported by community uses that cater for local residents.


(a) a range of accommodation activities are provided on a range of lot sizes;

(b) development has a maximum height of not more than 4 storeys above existing ground level;

(c) a high level of residential amenity is maintained, having regard to traffic, noise, dust, odour, lighting and other locally specific impacts;

(d) a mixed residential density and character is achieved;

(e) development reflects and responds to the natural features and constraints of the land;

(f) community and education facilities, open space and recreational areas and appropriate infrastructure to support the needs of the local community are

provided, or maintained; and

(g) non-residential uses are established where they serve only the local community (i.e. those residential properties located on the western side of the Captain

Cook Highway and within a 2km radius of Precinct 2 – The Palms Village Precinct) and do not significantly adversely impact the residential amenity of the area.


(1) The purpose of The Palms Open Space Precinct is to protect, enhance and celebrate the significant natural features of the site to provide for unique local, district and

regional scale open spaces that serve the recreational needs of a wide range of residents and visitors.

Where required to meet community needs, development may include shelters, amenity facilities, picnic tables, playgrounds and infrastructure to support safe access

and essential management.


(a) open space is accessible to the community for a range of outdoor activities;

(b) a range of functional and accessible open spaces, including local scale parks and linear corridors are available for the use and enjoyment of the community;

(c) structures and buildings such as shelters, amenity facilities, picnic tables and playgrounds are provided and natural building materials such as timber and stone

are used where possible;

26


(d) existing pathway networks are maintained where possible and augmented with new pathways to provide a high level of connectivity both within and external

to the site to create a significant, safe public walking and cycling trail, generally as shown on The Palms Structure Plan;

(e) existing waterway corridors which are degraded are revegetated and rehabilitated utilising appropriate methodology;

(f) open space areas are planned and designed to enhance community liveability and scenic amenity; and

(g) development reflects and responds to the natural features and constraints of the land and protects and enhances ecological outcomes.

Sub-Precinct 5a – Park Nodes

(1) In addition to the outcomes listed under item (2) above, the overall outcomes sought for the sub-precinct are:

(a) the highest intensity of facilities are provided within the Park Nodes, including but not limited to nature play playgrounds, workout/fitness equipment,

BBQ’s and shelters. The Primary Park Node becomes the primary focus of these nodes and includes a higher level of facilities than the other nodes; and

(b) flat and useable multi-purpose spaces are provided.

Sub-Precinct 5b – Protected Vegetation

(1) In addition to the outcomes listed under item (2) above, the overall outcomes sought for the sub-precinct are:

(a) Protected Vegetation areas are left in a natural state and no development occurs.

(b) Protected Vegetation areas are protected under appropriate tenure arrangements, being either transferred as public land or placed under Environmental

Covenant if remaining in private freehold.

27


Criteria for assessment

Part A - Criteria for self-assessable and assessable development

The Palms Precinct Code – self-assessable and assessable development

Performance outcomes Acceptable outcomes Applicant response

For accepted and assessable development

Height

PO1

The height of all buildings and structures is in keeping

with the character and amenity of the area, and with the

overall outcomes for the precinct.

Note – A visual impact assessment will be required

where a proposed development exceeds the height

stated in AO1.1. Planning scheme policy – Landscape

values provides guidance on undertaking a visual impact

assessment.

AO1.1

The maximum height of buildings and structures are as

follows:

Precinct 1 - The Palms Tourist Accommodation

Precinct

Not more than 8.5 metres and 2 storeys in height,

except where located within 50 metres of an existing

sensitive land use or land zoned for that purpose, in

which case not more than 6 metres and 1 storey in

height.

Precinct 2 - The Palms Village Precinct

Not more than 15 metres and 4 storeys in height.

Precinct 3 – The Palms Low Density Residential

Precinct

Not more than 8.5 metres and 2 storeys in height,

except where adjoining an existing sensitive land use

or land zoned for that purpose, in which case 6 metres

and 1 storey in height.

Precinct 4 – The Palms Low-Medium Density

Residential Precinct

Not more than 15 metres and 4 storeys in height.


Not more than 8.5 metres in height.

28



Site coverage

PO2

The site coverage of all buildings and structures is in

keeping with the character and amenity of the area.

AO2.1

The site coverage is not more than 50%.

Setbacks

29


PO3

Buildings and structures are set back to:

(a) maintain the character of the area;

(b) achieve separation from neighbouring buildings

and frontages.

AO3.1


Precinct

Buildings and structures are setback not less than 20

metres from the boundary where adjoining an existing

sensitive land use or land zoned for that purpose. In

all other cases, no acceptable outcomes are provided.


Buildings and structures are setback not less than 4m

from the boundary where adjoining an existing

sensitive land use or land zoned for that purpose. In

all other cases, no acceptable outcomes are provided.


Precinct

Where development adjoins The Woods Estate,

buildings and structures are setback not less than 20m

from a common boundary with land forming part of

The Woods Estate.

In all other cases, buildings and structures, except an

inground swimming pool or a single Class 10 building

not exceeding 3 metres in height, are setback not less

than 10 metres from a boundary adjoining an existing

sensitive land use or land zoned for that purpose.



No acceptable outcomes are provided.


Buildings and structures are set back not less than 6

metres from all boundaries.

30



Note: “The Woods Estate” refers to land at 136 – 166

Moore Road, Kewarra Beach and more particularly

described as Lots 0 – 26 on SP207030.

Visual Buffer

31


PO4

Development minimises visual impacts on immediately-

adjoining existing residential land uses.

AO4.1


Precinct

A minimum 7 metre wide landscaped buffer strip is

established and maintained adjacent to the lot

boundary where adjoining an existing sensitive land

use or land zoned for that purpose. Vegetation to be

established within the buffer is to have a mature

height of at least 6 metres.




Precinct

A minimum 3 metre wide landscaped buffer strip is

established and placed within a Covenant adjacent to

the lot boundary where adjoining an existing sensitive

land use or land zoned for that purpose. Vegetation to

be established within the covenant is to have a mature

height of at least 5 metres.

Along the south-western site boundary adjacent to

‘The Woods Estate’, existing vegetation is to be

retained within a minimum 15 metre wide

Environmental Covenant.




Precinct 5 – The Palms open Space Precinct


32



Note: “The Woods Estate” refers to land at 136 – 166

Moore Road, Kewarra Beach and more particularly

described as Lots 0 – 26 on SP207030.

For assessable development

Uses and other development

PO5

Development generally reflects The Palms Structure

Plan, The Palms Precinct Plan, the purpose and overall

outcomes sought for The Palms Precinct Code and the

overall outcomes sought for the relevant precinct.

AO5.1


PO6

Non-residential uses that serve only the local community

are established in appropriate locations and subject to

detailed development requirements including:

(a) being located in highly accessible locations;

(b) their proximity with other similar uses;

(c) providing for the identified convenience needs of

only the local community;

(d) not impacting on the role and function of the

hierarchy of centres within the region;

(e) resulting in positive economic and social benefits for

the local community;

(f) small scale extensions to existing non-residential

uses occur in Precinct 2 – The Palms Village Precinct

where such extension does not compromise the

efficiency and effectiveness of an existing centre

zone.

Note – local community comprises those residential

properties located on the western side of the Captain

AO6.1


33



Cook Highway and within a 2km radius of Precinct 2 –

The Palms Village Precinct.

Site constraints

PO7

Development is located, designed, operated and

managed to respond to the characteristics, features and

constraints of the site and its surrounds.

Note – Planning scheme policy – Site assessments

provides guidance on identifying the characteristics,

features and constraints of a site and its surrounds.

AO7.1


Amenity

PO8

Development does not adversely affect the tropical,

tourist and residential character and amenity of the area

in terms of traffic, noise, dust, odour, lighting or other

physical or environmental impacts.

AO8.1


34



PO9

Development retains existing mature vegetation around

the boundary of the site to maintain the existing

landscape and visual character of the area.

AO9.1

Precinct 1 – The Palms Tourist Accommodation

Precinct

Where practical and safe to do so, any Significant Tree

located within 20 metres of a boundary adjoining an

existing sensitive land use or land zoned for that

purpose is retained.


Precinct

Where practical and safe to so, any Significant Tree

located within 10 metres of a boundary adjoining an

existing sensitive land use or land zoned for that

purpose is retained.

All other Precincts

No accepted outcome is prescribed.

Note – a report from a suitably qualified and

experienced arborist or equivalent professional may be

required to support the removal of any identified

Significant Tree.

Waterways and waterway corridor areas

PO10

Development is set back from waterways to protect and

maintain:

(a) water quality;

(b) hydrological functions;

(c) ecological processes;

(d) biodiversity values;

(e) riparian and instream habitat values and connectivity;

AO10.1

Development other than roadway crossings or other

necessary infrastructure does not occur on the part of

the lot affected by the waterway corridor.

Note – Waterway corridors are identified within Table

1.1

35



(f) instream migration

PO11

Waterways and waterway corridors are protected, and

degraded areas are restored and waterways and

waterway corridors transferred to public ownership.

AO11.1

Degraded sections of waterways and waterway

corridors are revegetated with endemic plant species

in patterns and densities which emulate the natural

state of waterway corridors within the area, other

than where CPTED considerations dictate a different

landscape treatment.

Protected vegetation buffer areas

PO12

Development in buffer areas does not have any firebreak or

safety buffer requirements.

AO12.1

Development in buffer areas is limited to public open

space, roads, driveways, fences and underground

infrastructure.

AO12.2

Buffer areas which are located on private land are

placed under Environmental Covenant requiring

development to be limited to driveways, fences or

underground infrastructure.

Reconfiguring a lot

PO13

Lots have areas and dimensions that:

(a) are consistent with the purpose and overall

outcomes of the applicable precinct;

AO13.1

Lots comply with the lot reconfiguration outcomes in

Table 1.2

AO13.2

Development within Precinct 3 – The Palms Low

Density Residential Precinct achieves an average lot

size of 600m2.

36



(b) can accommodate land uses that are consistent

with the purpose and overall outcomes of the

applicable precinct;

(c) are generally rectangular in shape.

Additional requirements for Precinct 5 – The Palms Open Space Precinct

PO14

Car parking areas are set back from the boundaries of

the site to ensure that they do not dominate the open

space character of the site.

AO14.1

Car parking areas are set back:

(a) 2 metres from the road frontage/s of the site;

(b) 6 metres from side and rear boundaries.

PO15

Setbacks to car parking areas are landscaped to enhance

the amenity of the site and to provide a buffer to

adjacent residential land, residential uses and other

sensitive sites.

AO15.1

The setback between the road frontage/s and the car

parking area is landscaped in accordance with the

Landscaping code.

AO15.2

The setback between the boundary with land included

in a Residential zone and the car parking area is

landscaped in accordance with the Landscaping code

to provide a buffer to the residential land.

Note – Refer to the definition of Residential zones

contained in Schedule 1 of the CRC Planning Scheme.

PO16

Development for outdoor sport and recreation does not

adversely affect the amenity of the area.

AO16.1

Development for outdoor sport and recreation does

not include sports field lighting.

PO17

A safe and active off-street pathway network is provided

to connect the various Park Nodes and provide a high

level of accessibility and activation to open spaces across

the site for residents and visitors.

AO17.1

An off-street pathway network is established generally

as shown on The Palms Structure Plan which:

(a) is designed in accordance with CPTED principles;

37



(b) includes signage to provide a high level of legibility

and way-finding; and

(c) includes facilities such as workout/fitness stations,

interpretive signage and waterway viewing decks

where appropriate.

Table 1.1 – Widths of waterway corridors for waterways

Waterway corridor width

Typically 10 metres, measured perpendicular from the top of the high bank. 5m from top of bank may be acceptable where corridor is currently devoid of vegetation and

revegetation will occur.

Table 1.2 – Lot reconfiguration outcomes

Precinct Minimum lot sizes Minimum width and dimension1

Precinct 1 - The Palms Tourist

Accommodation

No acceptable outcomes are

provided.


provided.

Precinct 2 – The Palms Village No acceptable outcomes are

provided.


provided.

38


Precinct Minimum lot sizes Minimum width and dimension1

Precinct 3 - The Palms Low

Density Residential

450m2 *1 12m*2

Precinct 4 - The Palms Low-

Medium Density Residential

450m2 *1

or

350m2 *1 (where compliant with

the small residential lot

provisions of the CRC Planning

Scheme Reconfiguring a Lot

Code)

12m*2

Precinct 5 – The Palms Open

Space Precinct


provided.


provided.

*1 Minimum lot size excludes any access handle forming part of the lot.

*2 This is the minimum width of the lot measured at any point and the minimum dimension of any boundary. This excludes access strips.

39


RA29-N

Page 1 of 13

Far North Queensland regional officeGround Floor, Cnr Grafton and Hartley Street, CairnsPO Box 2358, Cairns QLD 4870

Our reference: 1907-12384 SRAYour reference: 8/30/277Applicant reference: 19-02

Chief Executive OfficerCairns Regional CouncilPO Box 359Cairns Qld [email protected]

Attention: Ian-Elliot Smith

Dear Si/Madam

Changed SARA response—Paradise Palms Drive, Kewarra Beach (Given under section 28 of the Development Assessment Rules)

On 25 June 2020 the State Assessment and Referral Agency (SARA) received representations from the applicant requesting SARA change its referral agency response. SARA has considered the representations and now provides this changed referral agency response which replaces the response dated 31 March 2020.

ResponseOutcome: Changed referral agency response – with conditions.

Date of response:

Conditions: The changed conditions in Attachment 1 must be attached to any development approval.

Advice: Advice to the applicant is in Attachment 2.

Reasons: The reasons for the referral agency response are in Attachment 3.

Development details

Description: Preliminary approval that includes a variation request

Material change of use for Variation Request to Vary the Effect of the Planning Scheme for Use Rights in Accordance with The Palms Development Code

SARA role: Referral Agency

APPENDIX NO. 2 - REFERRAL AGENCY REQUIREMENTS

40


1907-12384 SRA

State Assessment and Referral Agency Page 2 of 13

SARA trigger: Schedule 10, Part 3, Division 4, Table 3, Item 1 Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1 Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 (Planning Regulation 2017)

Development application for a material change of use for native vegetation clearing, impacting on State transport infrastructure and within 25 metres of a state-controlled.

SARA reference: 1907-12384 SRA

Assessment Manager: Cairns Regional Council

Street address: Paradise Palms Drive, Kewarra Beach

Real property description: Lot 4 on SP285555 and Lot 900 on SP285555

Applicant name: PPNQ Developments Pty Ltdc/- Planning Plus

Applicant contact details: PO Box 399Redlynch QLD [email protected]

RepresentationsAn applicant may make representations to a concurrence agency, at any time before the application is decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules)

Copies of the relevant provisions are in Attachment 4.

A copy of this response has been sent to the applicant for their information.

For further information please contact Joanne Manson, Principal Planning Officer, SARA Far North QLD on 40373228 or via email [email protected] who will be pleased to assist.

Yours sincerely

cc PPNQ Developments Pty Ltd, [email protected]

enc Attachment 1 – Changed referral agency conditionsAttachment 2 – Advice to the applicant Attachment 3 – Changed reasons for referral agency response Attachment 4 – Representations provisionsAttachment 5 – Approved plans and specifications

Brett NancarrowManager (Planning)

41


1907-12384 SRA


Attachment 1— Changed referral agency conditions (Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development approval relating to this application) (Copies of the plans and specifications referenced below are found at Attachment 5)

No. Conditions Condition timing


Schedule 10, Part 3, Division 4, Table 3, Item 1 – Native vegetation clearing —The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of Natural Resources, Mines and Energy to be the enforcement authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following conditions:

1. No clearing of vegetation is to occur within areas identified as Area A (A1 – A12) as shown on the:

Technical Agency Response Plan (TARP) 1907-12384 SRA, Sheets 1 to 5 dated 16 March 2020.

Attachment to Technical Agency Response Plan 1907-12384 SRA Derived Reference Points for GPS, Pages 1 to 12.

At all times

2. No built structure, other than for fences, roads, or underground services, is to be established, constructed or located within areas identified as Area B (B1 – B10) as shown on the:

Technical Agency Response Plan (TARP) 1907-12384 SRA, Sheets 1 to 5 dated 16 March 2020.


At all times

3. (a) No lot boundaries are to be located in or within 10 six metres of areas identified as Area A (A1 – A912) and Area C (C1 – C32 35) and 10 metres of areas identified as Area A(A10 – A12) and Area C (C33 – C35) as shown on the: Technical Agency Response Plan (TARP) 1907-12384 SRA,

Sheets 1 to 5 dated 16 March 2020.


(b) No clearing of vegetation within Area A (A1 – A12) and Area C (C1 – C35) is permitted for the purpose of providing vehicular access and fire/vegetation management activities.

(a) and (b) At all times

4. Any person(s) engaged or employed to carry out the clearing of vegetation under this development approval must be provided with a full copy of this development approval, and must be made aware of the full extent of clearing authorised by this development approval.

Prior to clearing

5. (a) All areas identified as Area C (C1 – C35) as shown on the Technical Agency Response Plan (TARP) 1907-12384 SRA Sheets 1 to 5 dated 16 March 2020 must be legally secured, by attaining a declaration under section 19F of the Vegetation Management Act 1999.

(b) As part of the declaration, a management plan must be prepared

(a) and (b) Prior to any operational works occurring

42


1907-12384 SRA


by a suitably qualified person. The management plan must demonstrate how Area C (C1 – C35) will be restored and managed such that each area:

i. can be classified as remnant vegetation, as defined in the Schedule of the Vegetation Management Act 1999; and

ii. is consistent with the regional ecosystem descriptions for the identified areas based on Biodiversity status of pre-clearing regional ecosystems – Queensland version 11, 14/12/2018.

(c) Undertake all vegetation restoration works and management requirements in accordance with the management plan.

(d) No infrastructure, other than existing underground services, is to be located with Area C (C1 – C35) as shown on the Technical Agency Response Plan (TARP) 1907-12384 SRA, Sheets 1 to 5 dated 16 March 2020.

No clearing of vegetation other than clearing required in order to achieve the revegetation purposes of the Vegetation Management Plan is to occur with areas identified as Area C (C1-C35) as shown on the Technical Agency Response Plan (TARP) 1907-12384 SRA, Sheets 1 to 5 dated 16 March 2020

(b) and (d) and (e) At all times

6. Prepare an erosion and sediment control plan for development adjacent the stream order 2 watercourse drainage feature in the south west corner of the site near Moore Road:

a) The plan must be prepared by a suitably qualified professional and recommend erosion and sediment control measures to ensure:

i. Bank stability by protecting against bank erosion; andii. Water quality by filtering sediments, nutrients and

other pollutants. b) Submit, for information purposes only, a copy of the Erosion

and Sediment Control Plan mentioned at part (a) of this condition to:

Vegetation ManagementDepartment of Natural Resources, Mines and EnergyAddress: PO Box 5318, Townsville Qld 4810Email: [email protected]

c) Implement and maintain all required measures identified within the plan mentioned at part (a) of this condition.

(a) and (b) prior to clearing commencing

(c) for the duration of the clearing

Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1 - Development impacting on State transport infrastructure and Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 - Material change of use near a State transport corridor — The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of Transport and Main Roads to be the enforcement authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following conditions:

7. (a) Road works comprising of the following works are required at:

(i) Captain Cook Highway / Paradise Palm Drive intersection: all right turn traffic movements at the Captain Cook

Highway / Paradise Palm Drive intersection must be permanently closed and removed.

(a)(i) and (ii) Prior to the commencement of use or the sealing of the first plan of subdivision.

43


1907-12384 SRA


(ii) Captain Cook Highway / Discovery Drive / Poolwood Road roundabout: a second circulating traffic lane is to be constructed at the

roundabout from Discovery Drive to Poolwood Road, including revised line-marking in the existing Discovery Drive left-turn lane to allow for all movements and the inside lane to allow for right turn movements only.

(iii) Captain Cook Highway / Discovery Drive / Poolwood Road roundabout: implement Upgrade 8 as per Cardno further issue

response dated 10 December 2019 with the following additions: o ramp metering the eastern approach of Discovery

Drive; ando queue detectors on all legs with distances approved by

TMR at the time of the works. extend the existing Discovery Drive left-turn lane a

hundred and sixty meters (160m) and include revised line-marking in the existing Discovery Drive left-turn lane to allow for all movements.

install slip / bypass lanes between:o Captain Cook Highway (south) & Discovery Drive for

80m;o Captain Cook Highway (north) & Poolwood Road for

70m; ando Poolwood Road and the Captain Cook Highway

(south) for 40m.

(b) The road works at:(i) Captain Cook Highway / Discovery Drive / Poolwood Road

roundabout; and (ii) Captain Cook Highway / Paradise Palm Drive intersection must be designed and constructed in accordance with Road Planning and Design Manual, 2nd edition, Department of Transport and Main Roads, 2016

(a)(iii) Prior to:

the commencement of any use; and/or

the sealing of a plan of subdivision;

which has an estimated cumulative traffic rate of 400 vph in the AM peak using the traffic generation rates adopted in table 1.2 in Cardno further issue response dated 10 December 2019, with all other assumptions as per Cardno Traffic Impact Assessment dated 1 October 2019.

(b) At the time of design and construction of the road works.

8. Direct access is not permitted between the Captain Cook Highway and Lot 4 on SP285555.

At all times

9. (a) Construct a 4.2 metre noise barrier generally in accordance with the Recommendation and Conclusions of the Road Traffic Noise Assessment, prepared by Dedicated Acoustics, dated 15/10/2019 in the location shown in Figure 4.3: Assessed noise barrier locations.

(b) The noise barrier must be designed in accordance with:

(i) the Department of Transport and Main Roads' Road Traffic Noise Management Code of Practice, Volume 1, Chapters 6 and 7;

(ii) Specification MRTS04 (General Earthworks), MRTS1515 Noise Fence) and MRTS16 (General Requirements Landscape and Revegetation Works); and

(iii) Standard Drawing Road Manual, Part 13, Number SD1606.

(c) RPEQ certification must be provided to [email protected] within the Department of Transport and Main Roads, confirming that the

(a) and (b) Prior to:

the commencement of use; or

submitting the Plan of Survey to the local government for approval creating lots

adjacent to or with 25m of the Captain Cook Highway and to be maintained at all times.

(c ) Upon completion of the construction of the

44


1907-12384 SRA


development has been designed and constructed in accordance with parts (a) and (b) of this condition.

noise barrier

10. (a) Stormwater management of the development must ensure no worsening or actionable nuisance to the Captain Cook Highway corridor.

(b) Any works on the land must not:(i) create any new discharge points for stormwater runoff onto the

state-controlled road;(ii) (ii) interfere with and/or cause damage to the existing

stormwater drainage on the state-controlled road; (iii) (iii) surcharge any existing culvert or drain on the state-

controlled road;(iv) (iv) reduce the quality of stormwater discharge onto the state-

controlled road.

(c) RPEQ certification with supporting documentation must be provided to [email protected] within the Department of Transport and Main Roads, confirming that the development has been designed and constructed in accordance with parts (a) and (b) of this condition.

(a)and (b)At all times

(c)Prior to the commencement of use.

11. The applicant must provide a safe, direct and convenient pedestrian pathway network and crossing point of Paradise Palms Drive from the development to the bus indent bays as shown on Regular Stop Indented Bay-Northbound, prepared by Cardno, dated 3 September 2019, drawing number CEB06784-SK03, revision A.

Prior to:(a) the

commencement of use of 200 dwellings or a tourist park; or

(b) submitting the Plan of Survey to the local government for approval for the 200th residential lot.

12. (a) The applicant must provide indented bus bays along Paradise Palms Drive, as shown on Regular Stop Indented Bay-Northbound, prepared by Cardno, dated 3 September 2019, drawing number CEB06784-SK03, revision A.

(b) The bus indent bays must be in accordance with the Disability Standards for Accessible Public Transport 2002 made under subsection 31(1) of the Disability Discrimination Act 1992 and include the following components in accordance with the Department of Transport and Main Roads’ TransLink Public Transport Infrastructure Manual 2015:i. An indent bay for a single unit rigid bus of 12.5m in length in

accordance with Section 5.6.3.1 – ‘Bus stop length requirements’, ‘Table 5.7: Minimum bus stop length requirements’, and Table 5.4: ‘Bus stop arrangements - Indented bus bay’ of Chapter 5 – ‘Bus stop infrastructure’; in particular, a minimum bus bay width of 3m (excluding cycle lanes), bus bay length of 15m, taper in of 21m (1:7 kerb) and taper out of 15m (1:5 kerb).

(c) RPEQ certification must be provided to the Program Delivery and Operations Unit, Far North Region

Prior to:(a) the

commencement of use of 200 dwellings or a tourist park; or

(b) submitting the Plan of Survey to the local government for approval for the 200th residential lot.

(c ) Upon completion of the construction of the bus bays

45


1907-12384 SRA


([email protected]) within the Department of Transport and Main Roads, confirming that the development has been constructed in accordance with parts (a) and (b) of this condition.

13. The ‘potential future bus route’ shown on The Palms Overall Masterplan, prepared by Urbis, dated 1 July 2019, drawing number MP-01, revision 5 (as amended in red) must be designed and constructed to accommodate a single unit rigid bus of 12.5m in length in accordance with the following:

Department of Transport and Main Roads Road Planning and Design Manual, 2nd Edition, Volume 3 – Guide to Road Design (March 2016);

Department of Transport and Main Roads Supplement to Austroads Guide to Road Design (Parts 3, 4-4C and 6);

Austroads Guide to Road Design (Parts 3, 4-4C and 6); Department of Transport and Main Roads Queensland Manual of

Uniform Traffic Control Devices, Part 13 Local Area Traffic Management (March 2018); and

Chapter 2 - Planning and Design, Section 2.3.2 Bus Route Infrastructure (page 6) of the Department of Transport and Main Roads Public Transport Infrastructure Manual 2015.

At the time of design and construction of the internal access road (future bus route) for each applicable stage of the development.

46


1907-12384 SRA


Attachment 2—Advice to the applicant

General advice1. Terms and phrases used in this document are defined in the Planning Act 2016 its regulation or

the State Development Assessment Provisions (SDAP) [v2.5]. If a word remains undefined it has its ordinary meaning.

2. Despite this development approval, other permits or approvals may be required for the clearing of vegetation. To determine if the proposed clearing requires other approvals under other local, State or federals laws go to www.qld.gov.au (search ‘vegetation clearing requirements’).

3. The State of Queensland publishes technical descriptions (http://www.qld.gov.au/environment/plants-animals/plants/ecosystems/technical-descriptions/) which provide a detailed description of the normal range in structure and floristic composition of remnant regional ecosystems and their component vegetation communities. They should be used in conjunction with the fields from the Regional Ecosystem Description Database (REDD) (http://www.qld.gov.au/environment/plants-animals/plants/ecosystems/download/) for a normal description of the regional ecosystem. Please note that the site does include high risk areas under the Protected Plants Flora Survey Trigger Map.

4. Clearing of vegetation has the potential to disturb the roots of the trees of proposed retained vegetation thereby resulting in the death of trees not approved to be cleared under this development approval. It is recommended clearing and excavation activities be undertaken in accordance with the ‘Australian Standards for the Protection of Trees on Development Sites (AS4970-2009)’ to avoid any consequential unauthorised clearing.

5. The subject lots contains areas mapped as Category R on the Regulated Vegetation Management map. Clearing vegetation within these areas must be exempt clearing work under schedule 21 of the Planning Regulation 2017 or undertaken in accordance with an Accepted Development Vegetation Clearing Code. Clearing of vegetation with Category R areas has not been assessed as part of the application.

6. To request an electronic file of the Derived Points (Attached to Plan: 1907-12384 SRA) as contained in this technical agency response, email a request to the Department of Natural Resources, Mines and Energy (DNRME) at [email protected] and include application reference (1907-12384 SRA).

7. Advertising advice should be obtained from the Department of Transport and Main Roads (DTMR) if the development intends to erect, alter or operate an advertising sign or another advertising device that would be visible from a state-controlled road, and beyond the boundaries of the state-controlled road, and reasonably likely to create a traffic hazard for the state-controlled road. Note: DTMR has powers under section 139 of the Transport Operations (Road Use Management - Accreditation and Other Provisions) Regulation 2015 to require removal or modification of an advertising sign and/for a device which is deemed that it creates a danger to traffic

Further development permits required8. An application for a Road Corridor Permit is required for any ancillary works and

encroachments on a state-controlled road. Under section 50(2) and Schedule 6 of the Transport Infrastructure Act 1994 (TIA) and Part 5 and Schedule 1 of the Transport

47


http://www.qld.gov.au/environment/plants-animals/plants/ecosystems/technical-descriptions/

http://www.qld.gov.au/environment/plants-animals/plants/ecosystems/download/

mailto://[email protected]

1907-12384 SRA


Infrastructure (State-Controlled Roads) Regulation 2006, the applicant must obtain a Road Corridor Permit from the Department of Transport and Main Roads (DTMR) to carry out ancillary and encroachments works on a state-controlled road. The applicant is required to contact the Cairns district office of the Department of Transport and Main Roads on 4045 7144 to make an application for a Road Corridor Permit to carry out ancillary works and encroachments.Ancillary works and encroachments include but are not limited to advertising signs or other advertising devices, paths or bikeways, buildings/shelters/structures, vegetation clearing, landscaping and planting.

9. In accordance with section 33 of the Transport Infrastructure Act 1994 (TIA), an applicant must obtain written approval from Department of Transport and Main Roads (DTMR) to carry out road works, including road access works on a state-controlled road. Please contact DTMR on 4045 7144 to make an application under section 33 of the Transport Infrastructure Act 1994 to carry out road works. This approval must be obtained prior to commencing any works on the state-controlled road reserve. The approval process may require the approval of engineering designs of the proposed works, certified by a Registered Professional Engineer of Queensland (RPEQ).The road works approval process takes time – please contact Transport and Main Roads as soon as possible to ensure that gaining approval does not delay construction.

48


1907-12384 SRA


Attachment 3— Changed reasons for referral agency response(Given under section 56(7) of the Planning Act 2016)

The reasons for the department’s decision are:

The development application is seeking preliminary approval for a material change of use which includes a variation request for use rights associated with “The Palms Plan of Development”.

The proposed development includes a residential estate, tourist/holiday park, public open space and recreation areas, community facilities and various commercial and entertainment uses within and around the existing Paradise Palms Golf Couse clubhouse building.

Vehicle access to the proposed development is from Paradise Palms Drive and Discovery Drive via Captain Cook Highway, a state-controlled road. A new internal access road is proposed through the development that will provide further access to the residential component of the development.

The proposed development will be increasing traffic via the Captain Cook Highway / Discovery Drive / Poolwood Road roundabout and via the Captain Cook Highway Paradise Palms T-intersection.

Vehicle movements at the Captain Cook Highway / Paradise Palms Drive intersection are restricted to a left-in / left-out movements.

Additional road works at the Captain Cook Highway / Discovery Drive / Poolwood Road roundabout are required to ensure that the roundabout can operate within the acceptable performance thresholds.

The proposed development will be increasing stormwater and drainage run-off via Deep Creek at the Captain Cook Highway culverts.

The proposed development involves noise sensitive uses and the premises is affected by the transport noise corridor for the Captain Cook Highway. A noise barrier is proposed to mitigate against transport corridor noise.

The proposed development is designed to provide for future public passenger transport.

Written evidence submitted by the Queensland Fire and Emergency Services which supports the setback for lot boundaries to six metres for areas East of the Paradise Palms Drive and north of Moore Road (Area A and Area C as shown on the Technical Agency Response Plan) for the provision of a fire/ vegetation maintenance trails.

The proposed development will result in 3.352 hectares of Category B regulated vegetation and proposes like for like revegetation areas that will balance the impact of native vegetation clearing. Impacts on regulated vegetation have been avoided and minimised where possible.

The department carried out an assessment of the development application against State code 1, State 6 and State code 16 and found that, with conditions, the proposed development:

avoids clearing, or where avoidance is not reasonably possible, minimises clearing to conserve vegetation, avoids land degradation, avoids the loss of biodiversity and maintains ecological processes

provides revegetation areas adjacent to endangered regional ecosystems, primarily along watercourse drainage features, which will provide greater connectivity through the site and into the greater landscape. The proposed revegetation areas over time would ensure that the structure and function of the regional ecosystems within the landscape are maintained.

does not create a safety hazard for users of a state-controlled road or compromise the structural integrity of state-controlled roads, road transport infrastructure or road works

does not result in a worsening of the physical condition or operating performance of state-

49


1907-12384 SRA


controlled roads and the state transport network

does not compromise the state’s ability to maintain and operate state-controlled roads, or significantly increase the cost to maintain and operate state-controlled roads

ensures the community is protected from significant adverse impacts resulting from environmental emissions generated by vehicles using the state-controlled road

does not result in a worsening of the physical condition or operating performance of the state transport network

does not compromise the state’s ability to cost-effectively construct, operate and maintain state transport infrastructure; and

provides public passenger transport infrastructure to enable the development to be serviced by public passenger transport.

Material used in the assessment of the application:

The development application material and submitted plans Information request response Advice notice responses Make representations request Planning Act 2016 Planning Regulation 2017 The State Development Assessment Provisions (version [2.5]), as published by the department The Development Assessment Rules SARA DA Mapping system State Planning Policy mapping system

50


1907-12384 SRA


Attachment 4—Change representation provisions(page left intentionally blank – attached separately)

51


1907-12384 SRA


Attachment 5—Approved plans and specifications(page left intentionally blank – attached separately)

52


of 2

Development Assessment Rules—Representations about a referral agency response (concurrence)

The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules1 regarding representations about a referral agency response (concurrence).

Part 6: Changes to the application and referral agency responses and Part 7: Miscellaneous

28 Concurrence agency changes its response or gives a late response

28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any

further period agreed ends, change its referral agency response or give a late referral agency

response before the application is decided, subject to section 28.2 and 28.3.

28.2. A concurrence agency may change its referral agency response at any time before the application

is decided if—

(a) the change is in response to a change which the assessment manager is satisfied is a change

under section 26.1; or

(b) the Minister has given the concurrence agency a direction under section 99 of the Act; or

(c) the applicant has given written agreement to the change to the referral agency response.2

28.3. A concurrence agency may give a late referral agency response before the application is decided,

if the applicant has given written agreement to the late referral agency response.

28.4. If a concurrence agency proposes to change its referral agency response under section 28.2(a),

the concurrence agency must—

(a) give notice of its intention to change its referral agency response to the assessment manager

and a copy to the applicant within 5 days of receiving notice of the change under section 25.1;

and

(b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a

further period agreed between the applicant and the concurrence agency, to give an amended

referral agency response to the assessment manager and a copy to the applicant.

1 Pursuant to Section 68 of the Planning Act 2016 2 In the instance an applicant has made representations to the concurrence agency under section 30,

and the concurrence agency agrees to make the change included in the representations, section 28.2(c) is taken to have been satisfied.

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of 2

30 Representations about a referral agency response

30.1. An applicant may make representations to a concurrence agency at any time before the application

is decided, about changing a matter in the referral agency response.3

3 An applicant may elect, under section 32, to stop the assessment manager’s decision period in which to take this action. If a concurrence agency wishes to amend their response in relation to representations made under this section, they must do so in accordance with section 28.

54


Sheet 2

Sheet 3

Sheet 5

Sheet 4

4SP285555

900SP285555

900SP285555

900SP285555

4SP285555

A2

A3

A5A7

A8A9

A10

A11

A12

B2

B3B4

C4

MOORE ROADROAD

CAPTAINCOOK HIGHW

AY

POOLWO

ODRO

AD

42RP741332

359SP284235

1NR7336

76NR7762

1SP214836

164SP202267

41RP741332 69

SP256612

BRP800876

25AP19345

Derived Reference PointsProjection: GDA 1994 MGA Zone 55

Datum: GDA 1994All GPS points continue sequentially

when labels are missing

TARP1907-12384 SRA

Sheet 1 of 5

Version: 1

Date: 16 March 2020Region: NORTHDepartment: DNRMEPrepared by: SAK - j5580

Compiled from: DCDB, RVM & NRMO Notes on FileFile Reference: eDOCS: 082/0003405

LOCAL GOVT: Cairns RegionalLOCALITY OF Kewarra Beach

eLVAS Case ID: 2019/003395

Plan of Area A (Parts A1 - A12), Area B (Parts B1 - B10),Area C (Parts C1 - C35) in Lot 4 on Plan SP285555, andLot 900 on Plan SP285555

Technical Agency Response Plan

This plan must be read in conjunctionwith Decision Notice 1907-12384 SRA

The property boundaries shown on this plan are APPROXIMATE ONLY.They are NOT an accurate representation of the legal boundaries.

Note: Derived Reference Points are provided to assist in the locationof area boundaries. Responsibility for locating these boundaries liessolely with the landholder and delegated contractor(s).

Datum: GDA 1994Projection: GDA 1994 MGA Zone 55

0 110 220 330 440 550m

1:6 000 @ A3 size

X = stream order 1 or 2Y = stream order 3 or 4Z = stream order 5

X

1

Note: This is a colour plan and should only be reproduced in colour.

A

Derived Reference Points for GPS(see Attachment to plan)(Area start points shown only)

Subject Lot(s)

Area A (Parts A1 - A12)

Area B (Parts B1 - B10)

Area C (Parts C1 - C35)

Watercourses and drainage features

LEGEND

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Placed Image

A

A

A

A

A

A

AA

A

A

A

A

568

634

1263

1350

1359

1381

1385

1391

1396

1979

1997

2002

X

X

WATERVIEW CLOSE

PARADISE PA

LMS DRIVE

30GTP70326

1SP210221

6SP210221

42RP741332

225NR7107

7SP210221

LSP210221

GSP210221

18GTP70326

52GTP101946

5SP210221

OSP210221

00000SP219936

0SP219936

63GTP70363

13RP741332

41RP741332

9SP2102218

SP21022117

GTP70326

900SP285555

4SP285555

4SP285555A11

A12

B4

B5B6

B7

B8

B9

B10

C33

C34

C35




TARP1907-12384 SRA

Sheet 2 of 5

Version: 1











0 30 60 90 120 150m

1:2 000 @ A3 size


X


A


Subject Lot(s)





LEGEND1

56


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AA

A

A

A

A

A A

A

A

A

A

135242

269

550

816

1565

1619

1798

1848

1894

1959

1963

X

X

X

X

X

X

ALLE

NBY

CLO

SE12

SP279555

19SP279555

18SP284235

359SP284235

20SP279555

13SP279555

15SP279555

999SP105747

25AP19345

0SP212600

900SP285555

900SP285555

4SP285555

4SP285555

A5

A6

A7

A9

A10

C14

C15

C19

C21

C25

C31

C32

B3

B4

C24




TARP1907-12384 SRA

Sheet 3 of 5

Version: 1











0 30 60 90 120 150m

1:2 000 @ A3 size


X


A


Subject Lot(s)





LEGEND1

57


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Placed Image

A

A

A

A

A A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

369

424

1499

1504

1525 1541

1551

1561

1763

1768

1780

1841

1862

1879

1888

1905

19141921

1929

1945

CAPTAIN COOK HIGHWAY

25GTP70343

23GTP70343

1NR7336

21GTP70343

22GTP70343

DRP800878

BRP800876

29GTP70343

X

X

Y

Y

Y

X

4SP285555

A8

B3

C8

C9

C10C11

C12

C13

C16C17C18

C20 C22

C23

C24

C26

C27 C28

C29 C30

A9

C19C19




TARP1907-12384 SRA

Sheet 4 of 5

Version: 1











0 30 60 90 120 150m

1:2 000 @ A3 size


X


A


Subject Lot(s)





LEGEND1

58


mansonj

Placed Image

A

A

A

A

A

A

A

A

A

A

AAA

1

6

54

113

680

689

1404

1419

14271437

14731484

1488

MOORE ROAD LANTAN

A PLACE

CSP207017

13GTP70345

0GTP70345

6RP812259

1RP910518

0SP212600

25GTP70344

76NR7762

24GTP70344

242SP295176

12GTP70345

0SP207030

30GTP104041

00000SP212600

X

X

X

X

4SP285555

A1A2

A3

A4

B1

B2

C1

C2C3

C4 C5

C6C7

B3

A5

A7

C15

B3




TARP1907-12384 SRA

Sheet 5 of 5

Version: 1











0 30 60 90 120 150m

1:2 000 @ A3 size


X


A


Subject Lot(s)





LEGEND1

59


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A1 1 358298 8142875A1 2 358291 8142871A1 3 358298 8142878A1 4 358299 8142878A1 5 358298 8142875A2 6 358221 8142919A2 7 358229 8142915A2 8 358252 8142918A2 9 358261 8142918A2 10 358287 8142919A2 11 358301 8142882A2 12 358286 8142865A2 13 358284 8142864A2 14 358274 8142853A2 15 358271 8142850A2 16 358266 8142847A2 17 358265 8142846A2 18 358262 8142844A2 19 358257 8142841A2 20 358254 8142835A2 21 358254 8142835A2 22 358254 8142838A2 23 358252 8142838A2 24 358247 8142834A2 25 358231 8142824A2 26 358229 8142823A2 27 358223 8142819A2 28 358148 8142863A2 29 358147 8142865A2 30 358146 8142866A2 31 358146 8142868A2 32 358146 8142870A2 33 358146 8142872A2 34 358146 8142873A2 35 358147 8142875A2 36 358149 8142878A2 37 358151 8142881A2 38 358155 8142887A2 39 358159 8142892A2 40 358162 8142894A2 41 358164 8142896A2 42 358167 8142899A2 43 358170 8142901A2 44 358173 8142903A2 45 358175 8142904A2 46 358182 8142908A2 47 358182 8142908A2 48 358188 8142910A2 49 358194 8142913A2 50 358201 8142915A2 51 358207 8142919A2 52 358216 8142921A2 53 358221 8142919A3 54 358488 8143040A3 55 358485 8143026A3 56 358472 8143018A3 57 358459 8143013A3 58 358452 8143011A3 59 358451 8143000A3 60 358447 8143001



Attachment to Plan: 1907-12384 SRA Derived Reference Points for GPS

Datum: GDA 1994, Projection: MGA Zone 55

Page 1 of 12

Unique ID EastingPart ID Northing

Responsibility for locating these boundaries lies solely with the landholder and delegated contractor(s).Coordinates start at a point indicated on the accompanying plan and proceed in a clockwise direction.

Notes:

Part ID Unique ID Northing Unique ID EastingPart ID Northing

Derived Reference Points are provided to assist in the location of area boundaries.

Easting

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Notes:



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Placed Image

A9 541 358215 8143378A9 542 358222 8143371A9 543 358219 8143363A9 544 358232 8143352A9 545 358235 8143349A9 546 358236 8143339A9 547 358249 8143334A9 548 358257 8143326A9 549 358259 8143322

A10 550 357575 8143554A10 551 357583 8143543A10 552 357586 8143519A10 553 357592 8143501A10 554 357606 8143486A10 555 357639 8143473A10 556 357671 8143458A10 557 357691 8143442A10 558 357699 8143421A10 559 357699 8143404A10 560 357691 8143364A10 561 357688 8143345A10 562 357684 8143319A10 563 357693 8143305A10 564 357693 8143301A10 565 357537 8143318A10 566 357566 8143575A10 567 357575 8143554A11 568 357577 8143674A11 569 357589 8143790A11 570 357603 8143788A11 571 357643 8143810A11 572 357670 8143806A11 573 357712 8143794A11 574 357686 8143789A11 575 357661 8143791A11 576 357633 8143789A11 577 357626 8143786A11 578 357641 8143776A11 579 357671 8143774A11 580 357675 8143776A11 581 357685 8143774A11 582 357698 8143781A11 583 357712 8143775A11 584 357718 8143771A11 585 357718 8143773A11 586 357739 8143763A11 587 357788 8143757A11 588 357817 8143761A11 589 357819 8143762A11 590 357841 8143766A11 591 357841 8143766A11 592 357842 8143766A11 593 357852 8143757A11 594 357855 8143756A11 595 357855 8143752A11 596 357857 8143748A11 597 357857 8143747A11 598 357860 8143738A11 599 357860 8143734A11 600 357862 8143727


A12 661 357792 8143819A12 662 357778 8143841A12 663 357856 8143907A12 664 357862 8143911A12 665 357864 8143913A12 666 357872 8143920A12 667 357874 8143920A12 668 357885 8143929A12 669 357889 8143934A12 670 357890 8143936A12 671 357893 8143936A12 672 357969 8144000A12 673 357973 8144005A12 674 357981 8144012A12 675 357987 8144016A12 676 357988 8144016A12 677 357993 8144020A12 678 357994 8144017A12 679 357999 8144023B1 680 358226 8142817B1 681 358223 8142819B1 682 358229 8142823B1 683 358231 8142824B1 684 358247 8142834B1 685 358252 8142838B1 686 358254 8142838B1 687 358254 8142835B1 688 358226 8142817B2 689 358438 8143089B2 690 358463 8143090B2 691 358471 8143089B2 692 358479 8143084B2 693 358494 8143068B2 694 358514 8143067B2 695 358530 8143060B2 696 358570 8143020B2 697 358578 8143009B2 698 358583 8142998B2 699 358510 8142968B2 700 358465 8142934B2 701 358456 8142940B2 702 358449 8142948B2 703 358440 8142965B2 704 358435 8142966B2 705 358419 8142955B2 706 358391 8142948B2 707 358371 8142946B2 708 358354 8142952B2 709 358342 8142942B2 710 358337 8142931B2 711 358328 8142917B2 712 358337 8142891B2 713 358339 8142880B2 714 358303 8142878B2 715 358277 8142850B2 716 358254 8142835B2 717 358257 8142841B2 718 358262 8142844B2 719 358265 8142846B2 720 358266 8142847



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Notes:



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B2 721 358271 8142850B2 722 358274 8142853B2 723 358284 8142864B2 724 358286 8142865B2 725 358301 8142882B2 726 358287 8142919B2 727 358289 8142919B2 728 358288 8142925B2 729 358291 8142933B2 730 358294 8142936B2 731 358300 8142943B2 732 358263 8142966B2 733 358259 8142958B2 734 358207 8142919B2 735 358201 8142915B2 736 358194 8142913B2 737 358188 8142910B2 738 358182 8142908B2 739 358182 8142908B2 740 358175 8142904B2 741 358173 8142903B2 742 358170 8142901B2 743 358167 8142899B2 744 358164 8142896B2 745 358162 8142894B2 746 358159 8142892B2 747 358155 8142887B2 748 358151 8142881B2 749 358149 8142878B2 750 358147 8142875B2 751 358146 8142873B2 752 358146 8142872B2 753 358146 8142870B2 754 358146 8142868B2 755 358146 8142866B2 756 358147 8142865B2 757 358148 8142863B2 758 358099 8142892B2 759 358118 8142895B2 760 358108 8142912B2 761 358122 8142929B2 762 358137 8142942B2 763 358149 8142950B2 764 358178 8142964B2 765 358190 8142971B2 766 358205 8142976B2 767 358217 8142985B2 768 358225 8142989B2 769 358251 8143034B2 770 358273 8143058B2 771 358305 8143076B2 772 358322 8143081B2 773 358350 8143094B2 774 358390 8143107B2 775 358406 8143108B2 776 358418 8143105B2 777 358428 8143098B2 778 358438 8143089B2 779 358267 8142974B2 780 358301 8142951





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B7 1381 357862 8143911B7 1382 357856 8143907B7 1383 357864 8143913B7 1384 357862 8143911B8 1385 357885 8143929B8 1386 357874 8143920B8 1387 357872 8143920B8 1388 357877 8143925B8 1389 357889 8143934B8 1390 357885 8143929B9 1391 357893 8143936B9 1392 357890 8143936B9 1393 357973 8144005B9 1394 357969 8144000B9 1395 357893 8143936B10 1396 357999 8144023B10 1397 357994 8144017B10 1398 357993 8144020B10 1399 357988 8144016B10 1400 357987 8144016B10 1401 357981 8144012B10 1402 357998 8144027B10 1403 357999 8144023C1 1404 358288 8142925C1 1405 358289 8142919C1 1406 358287 8142919C1 1407 358261 8142918C1 1408 358252 8142918C1 1409 358229 8142915C1 1410 358221 8142919C1 1411 358216 8142921C1 1412 358207 8142919C1 1413 358259 8142958C1 1414 358263 8142966C1 1415 358300 8142943C1 1416 358294 8142936C1 1417 358291 8142933C1 1418 358288 8142925C2 1419 358349 8142989C2 1420 358352 8142992C2 1421 358355 8142994C2 1422 358361 8142995C2 1423 358366 8142996C2 1424 358367 8142993C2 1425 358368 8142992C2 1426 358349 8142989C3 1427 358447 8143002C3 1428 358447 8143001C3 1429 358423 8143004C3 1430 358426 8143008C3 1431 358429 8143013C3 1432 358433 8143012C3 1433 358438 8143009C3 1434 358442 8143007C3 1435 358446 8143005C3 1436 358447 8143002C4 1437 358349 8142989C4 1438 358315 8142960C4 1439 358314 8142958C4 1440 358307 8142955



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C4 1441 358301 8142951C4 1442 358267 8142974C4 1443 358271 8142982C4 1444 358287 8143010C4 1445 358294 8143018C4 1446 358300 8143024C4 1447 358308 8143028C4 1448 358307 8143026C4 1449 358306 8143021C4 1450 358305 8143019C4 1451 358303 8143010C4 1452 358297 8143006C4 1453 358294 8142998C4 1454 358295 8142996C4 1455 358311 8142995C4 1456 358309 8142999C4 1457 358309 8143005C4 1458 358312 8143010C4 1459 358313 8143010C4 1460 358315 8143013C4 1461 358321 8143014C4 1462 358329 8143014C4 1463 358332 8143011C4 1464 358328 8143008C4 1465 358321 8143005C4 1466 358324 8143001C4 1467 358334 8142997C4 1468 358334 8142996C4 1469 358337 8142992C4 1470 358338 8142990C4 1471 358347 8142989C4 1472 358349 8142989C5 1473 358488 8143040C5 1474 358499 8143018C5 1475 358533 8142983C5 1476 358504 8142971C5 1477 358455 8143001C5 1478 358451 8143000C5 1479 358452 8143011C5 1480 358459 8143013C5 1481 358472 8143018C5 1482 358485 8143026C5 1483 358488 8143040C6 1484 358488 8143040C6 1485 358478 8143046C6 1486 358467 8143059C6 1487 358488 8143040C7 1488 358373 8143036C7 1489 358356 8143039C7 1490 358348 8143039C7 1491 358341 8143037C7 1492 358359 8143048C7 1493 358389 8143058C7 1494 358407 8143063C7 1495 358400 8143057C7 1496 358388 8143053C7 1497 358384 8143048C7 1498 358373 8143036C8 1499 358369 8143234C8 1500 358356 8143216

C8 1501 358356 8143223C8 1502 358361 8143228C8 1503 358369 8143234C9 1504 358256 8143271C9 1505 358263 8143272C9 1506 358272 8143272C9 1507 358278 8143271C9 1508 358284 8143270C9 1509 358287 8143270C9 1510 358291 8143268C9 1511 358294 8143267C9 1512 358297 8143266C9 1513 358297 8143266C9 1514 358297 8143266C9 1515 358298 8143266C9 1516 358298 8143266C9 1517 358298 8143265C9 1518 358298 8143265C9 1519 358298 8143265C9 1520 358298 8143264C9 1521 358296 8143261C9 1522 358295 8143259C9 1523 358285 8143247C9 1524 358256 8143271

C10 1525 358303 8143232C10 1526 358288 8143244C10 1527 358298 8143256C10 1528 358300 8143259C10 1529 358301 8143262C10 1530 358302 8143266C10 1531 358303 8143269C10 1532 358303 8143272C10 1533 358306 8143272C10 1534 358308 8143267C10 1535 358309 8143263C10 1536 358309 8143255C10 1537 358304 8143247C10 1538 358304 8143246C10 1539 358301 8143241C10 1540 358303 8143232C11 1541 358369 8143234C11 1542 358369 8143237C11 1543 358369 8143239C11 1544 358366 8143248C11 1545 358388 8143264C11 1546 358393 8143272C11 1547 358392 8143278C11 1548 358399 8143279C11 1549 358412 8143277C11 1550 358369 8143234C12 1551 358220 8143286C12 1552 358222 8143287C12 1553 358223 8143288C12 1554 358227 8143291C12 1555 358242 8143280C12 1556 358244 8143279C12 1557 358249 8143276C12 1558 358256 8143271C12 1559 358219 8143285C12 1560 358220 8143286




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C33 1981 357774 8143693C33 1982 357776 8143695C33 1983 357781 8143699C33 1984 357789 8143711C33 1985 357795 8143713C33 1986 357803 8143715C33 1987 357809 8143719C33 1988 357812 8143721C33 1989 357813 8143720C33 1990 357815 8143720C33 1991 357820 8143718C33 1992 357826 8143716C33 1993 357825 8143716C33 1994 357816 8143712C33 1995 357803 8143706C33 1996 357774 8143692C34 1997 357836 8143785C34 1998 357821 8143783C34 1999 357829 8143788C34 2000 357837 8143787C34 2001 357836 8143785C35 2002 357905 8143884C35 2003 357899 8143875C35 2004 357896 8143881C35 2005 357893 8143882C35 2006 357892 8143883C35 2007 357892 8143883C35 2008 357891 8143895C35 2009 357900 8143900C35 2010 357911 8143902C35 2011 357920 8143909C35 2012 357926 8143912C35 2013 357934 8143913C35 2014 357920 8143900C35 2015 357905 8143884



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NORTH

2.5

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0

SCALE 1:250 @ A3

5 7.5 10 12.5m

Planning PlusParadise Palms DevelopmentPublic Transport ProposalRegular Stop Indented Bay - Northbound

R.Woods 03/09/2019 1:250

CEB06784 - SK03 A

CONCEPT ONLY

© Cardno LimitedAll Rights Reserved.

This document is produced by Cardno Limitedsolely for the benefit of and use by the clientin accordance with the terms of the retainer.

Cardno Limited does not and shall notassume any responsibility or liability

whatsoever to any third party arising out ofany use or reliance by third party on the

content of this document.

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Imagery supplied by nearmap, September 2019

Cardno (Qld) Pty Ltd | ABN 57 051 074 992Level 11, 515 St Paul’s Terrace

Fortitude Valley, QLD 4006Tel: 07 3369 9822 Fax: 07 3369 9722

Web: www.cardno.com.au

10m from

non-signalised crossing

20m from

non-signalised crossing

15m25m21m

21m25m15m

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1

2

3

4

5

6

7

89

10

10

11

12

13

16

18

17

NOTES:

1 Retention of the clubhouse and existing facilities to create a key village hub

2 Potential commercial opportunity opposite the clubhouse or used as a childcare facility

3 Retention of existing trees on main entry road. Also acts as a drainage outlet for the tourist park

4 Tourist park co-located with existing clubhouse facilities. Includes a water-play area

5 Key intersection to residential precincts and open space

6 Noise mounding along the eastern boundary as a buffer to Captain Cook Highway

7 Bridge crossing into residential pocket

8 Retain existing trees where possible and establish a 2m-wide vegetated buffer

9 Exclusive pocket of premium residential

10 Central park location for majority of residents, surrounding by protected vegetation

11 Pocket of premium residential with left-in left-out access off Moore Road

12 Primary entrance into the estate

13 Retirement precinct backing onto the Macalister Range

14 Proposed dog park location

15 Interpretive rainforest walk

16 Potential trailhead for mountain walking tracks

17 Potential pedestrian underpass/link to beach

18 Extensive internal pathway network that follows thenatural corridors and connects open spaces

STATISTICS:

Total Site Area 95.7ha

Net Residential Developable Area 23.9ha

Total Number of Lots = 395

Average lot size = 606m²

Retirement 6.6ha

Commercial / Childcare 0.3ha

Tourist Park (inc. Clubhouse) 14.2ha

Open Space Corridors 37.1ha

Part Lot 900 SP285555 1.6ha

Road Reserve 12.0ha MOORE ROAD

PARADISE PALMS DRIVE

CAPTAIN COOK HIGHWAY

14

15

LEGEND:

Site boundary

4m wide landscape buffer (adjoining tourist park)

2m wide landscape buffer (adjoining residential)

Proposed Tourist Park

Proposed Retirement

Proposed Footpaths

Existing Footpaths

1:2500 @ A1

DATE: 01.07.2019JOB NO: P0001586DWG NO: MP-01REV: 5

THE PALMSOVERALL MASTERPLAN

Copyright by Urbis Pty Ltd. This drawing or parts thereof may not be reproduced for any purpose or used for another project without the consent of Urbis. The plan must not be used for ordering, supply or installation and no relevance should be placed on this plan for any financial dealing of the land. This plan is conceptual and is for discussion purposes only and subject to further detail study, Council approval, engineering input, and survey. Cadastral boundaries, areas and dimensions are approximate only. Written figured dimensions shall take preference to scaled dimensions.

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wzkruze

Polygonal Line

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Callout

Location of potential bus route for Condition 13

wzkruze

Polygonal Line

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Have you seen our fact sheets? See the ‘considerations when developing around electricity infrastructure’ section of our website

www.ergon.com.au/referralagency

06 September 2019

Cairns Regional CouncilPO Box 359Cairns QLD 4870

Attention: Claire Anderson; Nicole TsakissirisVia email: [email protected]

Cc PPNQ Developments Pty Ltdc/- Planning Plus QLDPO Box 399Redlynch QLD 4870

Attention: Evan YelavichVia email: [email protected]

Dear Curtis,

Referral Agency Response – Preliminary Approval including a variation request to vary the effect of the CairnsPlan Planning Scheme for use rights in accordance with The Palms Development Code at 4L Captain Cook Highway, Kewarra Beach (Lot 4 on SP85555 & Lot 900 on SP285555) Applicant Ref: 19-02/000924 Council Ref: 9522/2019 Our Ref: HBD 6739345

We refer to the abovementioned Development Application, which has been referredto Ergon Energy pursuant to section 54(1) of the Planning Act 2016.

In accordance with Schedule 10, Part 9, Division 2 of the Planning Regulation 2017,the application has been assessed against the purposes of the Electricity Act 1994and Electrical Safety Act 2002. This notice is provided in accordance with section56 of the Planning Act 2016.

Should the Assessment Manager decide to approve the proposed variation request,as an Advice Agency for the Development Application, Ergon Energy requests thatthe Assessment Manager imposes the conditions enclosed with this notice.

The Applicant is advised that any future works in the vicinity of Ergon Energy assetsare to be carried out in accordance with the Electricity Entity Requirements:Working Near Overhead and Underground Electric Lines. This guideline can beaccessed via the following link: https://www.ergon.com.au/network/safety/industry-safety/ electricity-entity-requirements.

APPENDIX NO. 2 - REFERRAL AGENCY REQUIREMENTS75


http://www.ergon.com.au/referralagency

mailto:[email protected]


https://www.ergon.com.au/network/safety/industry-safety/%20electricity-entity-requirements

https://www.ergon.com.au/network/safety/industry-safety/%20electricity-entity-requirements



Page 2

The Applicant is further advised that this response does not constitute approval for connection to Ergon Energy’s assets. Should you require further information regarding this matter, please feel free to contact the undersigned on (07) 3664 5097 or email [email protected]. Yours faithfully,

Benjamin Freese Town Planner

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Page 3

CONDITION TIMING

1. The development is to be carried out in accordance with the plans and documents identified in the table below. Any changes to these plans or documents should be resubmitted to Ergon Energy for further review and comment:

Approved Plans

Title Plan Number Issue Date

The Palms Overall Masterplan

MP-01 Rev. 5 01.07.2019

The Palms Precinct Plan

01 - 15.05.2019

The Palms Plan of Development Annexure A – Tables of Assessment

- - June 2019

To be maintained

2. The conditions of any easements in favour of Ergon Energy must be maintained at all times.

To be maintained

3. An easement in favour of Ergon Energy is to be registered over the existing padmount substation (ID SS5527) and underground 22kV cable connection to Moore Road.

The easement is to be registered in accordance with Ergon Energy’s standard easement conditions (dealing number 710384570). Required dimensions of the easement are as follows:

- Minimum width of 2 metres on either side of the centreline of the underground cable (total width of 4 metres); and

- Minimum area of 6 metres x 4 metres around the padmount substation.

The easement must be registered prior to the earlier of the following occurring:

(i) The making of any related development application over the premises; or

(ii) The commencement of any use of premises in accordance with the approved Plan of Development.

As stated

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APPENDIX 3: PRO-FORMA SUBMISSION EXAMPLES & PETITION

Pro-Forma Example 1

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Pro-Forma Example 2

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84


Example of Petition:

85


APPENDIX 4: SUPPORTING INFORMATION SP285555

Illustrated ‘The Palms Masterplan’

86


87


Extract of State and Territory Participation Rates AusPlay Survey Results (published 30 October 2020)

source: https://www.clearinghouseforsport.gov.au/research/ausplay/results

88


https://www.clearinghouseforsport.gov.au/research/ausplay/results

the palms plan of development

Documents