CAIRNS CITY COUNCIL ORDINARY MEETING 18 DECEMBER 2002 · That Council concur with the...

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CAIRNS CITY COUNCIL

ORDINARY MEETING

18 DECEMBER 2002

TABLE OF CONTENTS

1. APPLICATION FOR A PERMIT TO OCCUPY OVER PART OF LOT 406 ON PLAN NR8027 – STONEY CREEK ROAD, KAMERUNGA – APPLICANT: BARRY LOVERN.............................................................................1

Karen Hilton : 19/3/3-42 : #559499

2. EXTENSION OF EXISTING LEASE TERM – CAIRNS & DISTRICT WOODWORKERS GUILD INC. – LOT 7 ON RP726585 – 16-18 KNIGHT STREET, PORTSMITH...........................................................................................8

Karen Hilton : 19/3/3-42: #565299

3. PROPOSED PERMANENT ROAD CLOSURE AND AMENDMENT OF RESERVE R.2202 – STONEY CREEK ROAD, KAMERUNGA .............................................13

Karen Hilton : 19/3/3-42: #561846

4. PROPOSED PERMANENT ROAD CLOSURE OVER PART OF PASSCHENDAELE STREET, STRATFORD, ABUTTING LOT 38 ON RP713339 – APPLICANT: HJ THOMAS..............................................................22

Karen Hilton : 19/3/3-42: #560057

5. PROPOSED ROAD OPENING IN LOT 15 ON NR317 – SASSAFRAS STREET, BRAMSTON BEACH............................................................................28

Karen Hilton : 19/3/3-42: #561756

6. LEASE TO QUEENSLAND POLICE CITIZENS YOUTH WELFARE ASSOCIATION – PART OF LOT 545 ON NR6086 – 91-97 MACNAMARA STREET, MANUNDA ...........................................................................................33

Karen Hilton : 19/33-42: #565571

7. PROPOSED TEMPORARY ROAD CLOSURE OVER PART OF THE ESPLANADE ABUTTING LOT 5 ON RP906407 CAPTAIN COOK HIGHWAY, BARRON – APPLICANT: NORTHERN SANDS PTY LTD ..................................40

Karen Hilton : 19/3/3-42 : #559555

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8. GENERAL POLICY – USE OF CIVIC RECEPTION ROOMS ..............................45 Linda Kirchner : 1/3/87-01: #568431

9. CAIRNS ESPLANADE PROJECT – CPA LEASE ...............................................48 Linda Kirchner: 1/3/87-1: #568808

10. CAIRNS REGIONAL GALLERY LIMITED ...........................................................51 Linda Kirchner: 10/13/4-05: #567825

11. ANNUAL REPORT 2001/2002 .............................................................................54 Gary Schofield : 1/58/15-01: #568879

12. PROPOSED UPGRADE TO FULLER PARK BMX TRACK ................................57 Julie Carney : JSC: 10/2/1-12: #568388

13. APPLICATION FOR PERMANENT ROAD CLOSURE – PART OF TILLS STREET BETWEEN MULGRAVE ROAD AND MANN STREET – AFL CAIRNS LTD ........................................................................................................60

Andrew Baxter: 19/3/3-41: #568630

14. ESPLANADE ROADWAY RECONFIGURATION ................................................73 Ben Milligan:DO : 1/3/32-05: #563339

15. SPORT AND RECREATION DEVELOPMENT GRANTS – ROUND 2 2002/2003 .............................................................................................................82

Julie Carney: JSC: 10/7/1-37: #568426

16. CITY DEVELOPMENT – NOVEMBER 2002 MONTHLY REPORT......................88 Peter Tabulo 1/3/83: #564636

17. RECONFIGURATION OF A LOT – 1 LOT INTO 2 LOTS – 16-18 KNIGHT STREET, PORTSMITH.......................................................................................129

Kym Watton: 8/13/552 : #568838

18. COMBINED APPLICATION – RECONFIGURING 1 LOT INTO 61 LOTS AND TO FACILITATE DEVELOPMENT IN ACCORDANCE WITH PERMITTED LAND USES IN THE TABLE OF ZONES FOR THE RESIDENTIAL 2 ZONE - MOORE ROAD, KEWARRA BEACH............................................................................................136

Neil Beck : 8/30/25 : #567828

19. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – EXTENSION TO EXISTING HOSTEL (HIGH DENSITY) – 20-24 & 26 MCLEOD STREET, CAIRNS CITY .....................................................................................................156

Neil Beck: 8/8/406-01 : #568639

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20. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – AQUACULTURE FACILITY - CRAB FARM (ADMINISTRATION, PROCESSING, PACKAGING, HATCHERY & ANCILLARY SALES) – YORKEYS KNOB ROAD, YORKEYS KNOB .................................................................................................................178

Neil Beck : 8/8/379 : #559183

21. WITHOUT PREJUDICE – CONSIDERATION OF AMENDED CONDITIONS - PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE – TO FACILITATE DEVELOPMENT IN ACCORDANCE WITH A PRECINCT MASTER PLAN AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (BOUNDARY REALIGNMENT), CAPTAIN COOK HIGHWAY, PALM COVE / CLIFTON BEACH...............................................................................................206

Jenny Elphinstone: 8/30/18: #497024

22. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – EXTENSION TO EXISTING DUPLEX – 9 GUMMOW CLOSE, WHITFIELD.................................239

Anna Cronin: 8/8/414-01: #567218

23. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) - 60-92 COOK STREET, PORTSMITH.......................................................................................................247

Neil Beck: 8/13/546-01 : #564907

24. RECONFIGURING A LOT (1 LOT INTO 4 LOTS) - 1-9 HARGREAVES STREET, EDMONTON .......................................................................................255

Neil Beck: 8/13/541-01 : #564628

25. RECONFIGURING A LOT – CREATION OF AN ACCESS EASEMENT – 22 MOORE STREET AND 17 POSSUM STREET, TRINITY BEACH.....................265

Anna Cronin: 8/13/554-01: #565820

26. RECONFIGURING A LOT – (4 LOTS INTO 2 LOTS) – 180 – 186 AUMULLER STREET, BUNGALOW .................................................................272

Anna Cronin: 8/13/553-01: #564917

27. RECONFIGURING A LOT – 1 INTO 2 LOTS – LOT 64 JAMES COOK DRIVE, KEWARRA BEACH...............................................................................278

Kym Watton: 8/13/549 #565789

28. RECONFIGURATION OF A LOT (1 LOT INTO 2 LOTS) – 25-29 MILLHOUSE CLOSE, EDMONTON.........................................................................................285

Kym Watton: 8/13/538 : #560853

29. RECONFIGURATION OF A LOT (1 LOT INTO 2 LOTS) - 23-25 SIMS ESPLANADE, YORKEYS KNOB .......................................................................292

Allisen Wright: 8/13/550-01 : #560081

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30. NEGOTIATED DECISION ADVICE - RECONFIGURING A LOT – SWALLOW ROAD, QUEERAH – 1 LOT INTO 15 LOTS.......................................................301

Allisen Wright: 8/13/514-01 : #568349

31. YOUNG LEADERS FORUM DELEGATES........................................................308 Fiona Norman:FN : 10/22/1-03: #565760

32. RESPONSE TO DEPARTMENT OF TOURISM, RACING AND FAIR TRADING – LIQUOR LICENSING DIVISION – FOR LIMITED LICENCES AT 97-99 HARTLEY STREET, PORTSMITH AND SHOP 18, 58-70 LAKE STREET, CAIRNS CITY (ORCHID PLAZA, CITY FLORIST AUSTRALIA)...............................................311

Anna Cronin: 8/20/6-01: #565518

33. INFORMATION REQUEST FROM THE DEPARTMENT OF TOURISM, RACING AND FAIR TRADING - LIQUOR LICENSING DIVISION - FOR AN EXTENDED HOURS PERMIT FOR FITZROY ISLAND TOURIST RESOURT – FITZROY ISLAND...............................................................................................................316

Anna Cronin: 8/20/6-01: #568356

34. RELAXATION OF PLANNING SCHEME PROVISION AND AMENDMENT TO APPROVED BUILDING ENVELOPE: LOT 16 DOWSETT CLOSE, YORKEYS KNOB .................................................................................................................321

Neil Blamey: 8/20/1-75 : #561978

35. REQUEST TO CHANGE CONDITIONS OF APPROVAL FOR 133-135 MT PETER ROAD, EDMONTON..............................................................................330

Allisen Wright: 8/13/518-01 : #565161

36. CAIRNS PORT AUTHORITY LAND USE PLAN – PROPOSED AMENDMENTS ..................................................................................................335

Deborah Wellington: 8/26/5-05: #567335

37. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – SERVICE VEHICLE ACCESS – 373-379 & 381 MCLEOD STREET, CAIRNS NORTH ....340

Jenny Elphinstone: 8/8/363 : #567156

38. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – 26 MULTIPLE DWELLINGS / HOLIDAY APARTMENTS (MAXIMUM 4 STOREYS) – 88-90 MOORE STREET, TRINITY BEACH..................................................................349

Neil Beck: 8/8/396-01 : #568623

39. REQUEST FOR SUPPORT BY AFL CAIRNS LTD ...........................................368 Andrew Baxter : 1/58/9-04: #564868

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ORDINARY MEETING

18 DECEMBER 2002

1 APPLICATION FOR A PERMIT TO OCCUPY OVER PART OF LOT 406 ON PLAN NR8027 – STONEY CREEK ROAD, KAMERUNGA – APPLICANT: BARRY LOVERN Karen Hilton : 19/3/3-42 : #559499

RECOMMENDATION: That Council advise the Department of Natural Resources & Mines that it has no objection to the granting of a Permit to Occupy over Part of Lot 406 on NR8027, Stoney Creek Road Kamerunga to Mr Barry Lovern for the purpose of a residence and caretaking subject to the applicant being advised of the following conditions: 1. The establishment of a Residential Premises (i.e. Dwelling House) on the

subject site will require an application for Material Change of Use (Impact Assessable). City Assessment Officer’s are not likely to support an application for residential purposes.

2. The re-establishment of a Caretaker’s Residence on the subject site

constitutes a Material Change of Use under the Integrated Planning Act 1997 and therefore requires an application for Material Change of Use (Code Assessment – Caretaker’s Residence).

3. If the resident/caretaker’s residence is not for caretaker or management

purposes, in connection with any other non-residential use conducted on the same site, City Assessment Officer’s are not likely to support the proposed application for caretaker purposes.

4. If the applicant can provide supporting documents that the

resident/caretaker premises is for caretaker/management purposes, in connection with any other non-residential use conducted on the same site, the application for Material Change of Use (Code Assessment) is likely to be supported. The application for Material Change of Use should include a letter fully detailing the proposed development, including on-site car parking. The relevant application fee is $550.

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5 Should access through the property to tracks in the Barron Gorge National Park be necessary, as directed by Queensland Parks & Wildlife Service, then this activity should not be restricted.

INTRODUCTION: The Department of Natural Resources & Mines is seeking Council’s views and/or requirements regarding an application by Mr Barry Lovern for a Permit to Occupy over part (about 2.5 ha) of Lot 406 on NR8027 (Stoney Creek Road, Kamerunga), for the purpose of a residence and caretaking.

BACKGROUND: The area is Unallocated State Land owned by the Crown and was formerly utilised by the Scout Association of Australia (Qld) for their Kamerunga Scout Camp and contains accommodation buildings and a caretaker’s residence.

COMMENT: Strategic Planning Strategic Planning has neither comment nor requirements. Asset Management Asset Management has neither comment nor requirements. Project Services Project Services has no objection to the issuing of a Permit to Occupy over Part of Lot 406 on Plan NR8027. Precincts & Facilities Precincts and Facilities advise that they have no objection to the Permit to Occupy, however it is noted that should access through the property to tracks in the Barron Gorge National Park be necessary, as directed by Queensland Parks & Wildlife Service, then this activity should not be restricted. City Assessment The subject site is included within the Open Space zone in the Planning Scheme for the Balance of the City of Cairns and is designated Conservation Preferred Dominant Land Use in the Strategic Plan. A Caretaker’s Residence is code assessable development in the Open Space zone. The subject site was previously occupied by the Kamerunga Scout Camp and is improved by accommodation buildings and caretaker’s residence. It is recommended that the applicant be advised of the following: -

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1. The establishment of a Residential Premises (i.e. Dwelling House) on the subject

site will require an application for Material Change of Use (Impact Assessable). City Assessment Officers are not likely to support an application for residential purposes.

2. The re-establishment of a Caretaker’s Residence on the subject site constitutes a

Material Change of Use under the Integrated Planning Act 1997 and therefore requires an application for Material Change of Use (Code Assessment – Caretaker’s Residence).

3. If the resident/caretaker’s residence is not for caretaker or management purposes,

in connection with any other non-residential use conducted on the same site, City Assessment Officers are not likely to support the proposed application for caretaker purposes.

4. If the applicant can provide supporting documents that the resident/caretaker

premises is for caretaker/management purposes, in connection with any other non-residential use conducted on the same site, the application for Material Change of Use (Code Assessment) is likely to be supported.

The application for Material Change of Use should include a letter fully detailing the proposed development, including on-site car parking. The relevant application fee is $550.

CONSIDERATIONS: Statutory: The matters subject of the application will be dealt with by the Department of Natural Resources and Mines in accordance with the requirements of the Land Act 1994.

CONSULTATION: As per the comments section of this report.

OPTIONS: 1. That Council concur with the recommendation subject of this report and advise

Department of Natural Resources & Mines that it has no objection to the granting of a Permit to Occupy over Part of Lot 406 on NR8027 for the purpose of a residence and caretaking subject to the applicant being advised of the conditions which apply under the Planning Scheme.

2. That Council advise Department of Natural Resources & Mines that it does not

support the application.

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CONCLUSION: That Council concur with the recommendation subject of this report.

ATTACHMENTS: Letter from Department of Natural Resources & Mines. Form 104 - Application Under the Land Act. Plan of subject area. Karen Hilton Administration Officer Linda Kirchner Manager Legal & Administration

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ORDINARY MEETING

18 DECEMBER 2002

2 EXTENSION OF EXISTING LEASE TERM – CAIRNS & DISTRICT WOODWORKERS GUILD INC. – LOT 7 ON RP726585 – 16-18 KNIGHT STREET, PORTSMITH Karen Hilton : 19/3/3-42: #565299

RECOMMENDATION: That Council advise the Cairns & District Woodworkers Guild Inc that it has no objection to an extension of the current lease term to twenty (20) years from the 1st July 2002, on the same terms and conditions as the existing Lease, over part (763m²) of Lot 7 on RP726585.

INTRODUCTION: Cairns & District Woodworkers Guild Inc. has applied to Council requesting an extension of their lease term to twenty (20) years, over part Lot 7 on RP726585, 16-18 Knight Street Portsmith.

BACKGROUND: The Cairns & District Woodworkers Guild Inc. currently lease the whole (1518m²) of Lot 7 on RP726585 (16-18 Knight Street, Portsmith) with such lease to expire on 30th June 2008. It should be noted that the Cairns Amateur Fishing Club originally held this lease for a term of ten (10) years prior to assignment to the Woodworkers Guild for the balance of the term. Council, as the result of an investigation into freehold parks, resolved at its meeting of 14th May 2002 that the portion of Lot 7 (755m²) not being used by the Woodworkers be made available for public sale. The survey plan has been finalised and an application for reconfiguration of a lot has been lodged with City Assessment for consideration. As a result of the change in lease area the Woodworkers Guild would like to ensure that they have security of tenure to undertake further works on their clubhouse and workshop, and have requested that consideration be given to an extension of their current lease term to twenty (20) years.

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It should be noted that as the area of the lease has changed due to the subdivision of Lot 7 into two (2) new lots, a completely new lease is required. A new lease based on the changed area has been prepared and agreed to by the Club, and any change in term only requires an amendment to the dates on the lease, which is presently 1/7/2002 to 30/6/2008.

COMMENT: Strategic Planning Strategic Planning has no objection to the extension of the lease term. Asset Management Asset Management do not oppose the issuing of a new lease over the newly created allotment to the Woodworkers Guild. It is understood that the Guild own and maintain all the chattels and improvements currently on Lot 7, and this should continue in the new lease agreement along with the maintenance of the grounds. Any works they make to their clubhouse and workshop should have the prior approval of the relevant departments within Council. Project Services Project Services has no objection to the extension of the lease term. City Assessment City Assessment does not have any objection to the extension of the term lease as the existing use is appropriately located within a general industry precinct.

CONSIDERATIONS: Financial: Council will receive revenue from the sale of the balance of Lot 7 not being leased and on-going lease rental, rates etc. from the leased area. All other considerations were reviewed and deemed not applicable.

CONSULTATION: As per comments section of this report.

OPTIONS: 1. That Council concur with the recommendation of the report and extend the term of

the lease to the Woodworkers Guild to provide them security of tenure to undertake improvements to enhance their existing facilities.

2. That Council not approve the extension of the lease term and only allow the Guild

to continue through to 2008.

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ATTACHMENTS: Letter from Cairns & District Woodworkers Guild Inc. Plan of Subject area. Karen Hilton Administration Officer Linda Kirchner Manager Legal & Administration

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ORDINARY MEETING

18 DECEMBER 2002

3 PROPOSED PERMANENT ROAD CLOSURE AND AMENDMENT OF RESERVE R.2202 – STONEY CREEK ROAD, KAMERUNGA Karen Hilton : 19/3/3-42: #561846

RECOMMENDATION: That Council advise Department of Natural Resources & Mines that it now objects to the proposed changes on the grounds of reduced community access to open space.

INTRODUCTION: The Department of Natural Resources & Mines has written to Council seeking further advice in regard to the proposed permanent road closure and amendment of Reserve R2202 – Stoney Creek Road Kamerunga, due to objections from the Environmental Protection Agency (EPA), and the public, being received.

BACKGROUND: At the Planning, Development and Community Services Committee Meeting on 17th April 2001 Council resolved that the Department of Natural Resources & Mines be advised that Council supported the proposed permanent road closure of approximately 269m² on drawing CNS00/378 (attached), subject to the following: · No Council services are impacted upon eg water and sewerage.

· The proposed permanent road closure area be zoned as Residential 3 zone as stipulated in Section 6.1.010A of the Integrated Planning Act.

· The extension of existing easement “D” to the boundary of the proposed new Lot 1 be carried out at no cost to Council.

· As stated in Section 6.2 of the Local Government - Planning & Environment Act 1990 the applicant contribute towards the provision of water supply & sewerage headworks calculated to the following method:-

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a. Contributions of 0.896 EDC for water and 1.076 EDC for sewer are paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $2321.54 for water and $3125.78 for sewer.

b. Payment is required within 14 days of the Department of Natural Resources publishing the approval for the Permanent Road Closure in the Government Gazette.

c. A property note is placed on Council’s rates database regarding this matter.

Council also advised that it supports the proposed alteration to the Park Reserve R2202 being Lots 10 and 25 on RP804192 as shown on Drawing CNS00/378 subject to the following conditions:

· A Material Change of Use application is lodged and approved by Council; and

· A consequential amendment of the zoning map reflecting Council’s approval is undertaken.

The Department of Natural Resources & Mines has again contacted Council requesting further advice on the matter due to objections being received from the EPA and members of the public.

COMMENT: Cairns Water Cairns Water has no further comments on this matter. Asset Management Asset Management advise that they have no new information relating to this matter and still stand by the comments made previously. Strategic Planning Strategic Planning advise that whilst they do not object to a road closure to the frontage of Lot 2 on RP804192, there is no benefit to Council in the proposed alteration of Park reserve. Project Services Project Services has no objection to the proposed road closure, provided the location of existing stormwater drainage assets in relation to the road is determined, and if required a drainage easement in favour of Council is provided at no cost to Council. Legal & Administration Council’s April 2001 resolution was based on the premise that the proposed actions would have no adverse impacts on Council or the local community. Subsequent review of this action by the EPA and the local community has identified that:

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• Transfer of part of the recreational reserve (Lot 2 on RP804192) would result in

reduced public access.

• Because of the steep and inaccessible nature of Lot 3, the proposed swap to Reserve for public use is of very little community value.

City Assessment City Assessment has no further comments on this matter. (Refer to memo 19 March 2001 for previous comments). Precincts & Facilities Precincts & Facilities supports the recommendation by Strategic Planning.

CONSIDERATIONS: Statutory: In accordance with the Land Act 1994. Financial As indicated in the April 2001 report water supply and sewerage headworks would apply. The calculated figure as at April 2001 was $5,447.32. Any change to tenure should be at no cost to Council. Social Given the impact on public access to open space Council should reconsider its April 2001 recommendation.


OPTIONS: 1 Council can reconfirm its decision of April 2001. 2. Council can now object to the proposed changes on the grounds of reduced

community access to open space.


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ATTACHMENTS: Letter from Department of Natural Resources & Mines, including plan of subject area. Plan indicating approximate location of stormwater pipes. Copy of Council resolution of 17 April 2001. Karen Hilton Administration Officer Linda Kirchner Manager Legal & Administration

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Stormwater pipes

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21. PROPOSED PERMANENT ROAD CLOSURE & AMENDMENT OF RESERVE

R2202 – PARK & RECREATION – STONEY CREEK ROAD – KAMERUNGA-APPLICANT: TA & SJ LONG ............................................................................131

S Keane : 15/7/1-03: 275018

SHEPPARD / BLAKE

That Council advise the Department of Natural Resources that it supports the application for the proposed permanent road closure of an area (approx. 269m²) shown as Lot 1 on Drawing CNS00/378 subject to the following:

· No Council services are impacted upon eg water and sewerage.

· The proposed permanent road closure area be zoned as Residential 3 zone as stipulated in Section 6.1.010A of the Integrated Planning Act.

· The extension of existing easement “D” to the boundary of the proposed new Lot 1 be carried out at no cost to Council.

· As stated in Section 6.2 of the Local Government - Planning & Environment Act 1990 the applicant contribute towards the provision of water supply & sewerage headworks calculated to the following method:-

a. Contributions of 0.896 EDC for water and 1.076 EDC for sewer are paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $2321.54 for water and $3125.78 for sewer.

b. Payment is required within 14 days of the Department of Natural Resources publishing the approval for the Permanent Road Closure in the Government Gazette.

c. A property note is placed on Council’s rates database regarding this matter.

Council also advise that it supports the proposed alteration to the Park Reserve R2202 being Lots 10 and 25 on RP804192 as shown on Drawing CNS00/378 subject to the following conditions:

· A Material Change of Use application is lodged and approved by Council; and

· A consequential amendment of the zoning map reflecting Council’s approval is undertaken.

carried

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ORDINARY MEETING

18 DECEMBER 2002

4 PROPOSED PERMANENT ROAD CLOSURE OVER PART OF PASSCHENDAELE STREET, STRATFORD, ABUTTING LOT 38 ON RP713339 – APPLICANT: HJ THOMAS Karen Hilton : 19/3/3-42: #560057

RECOMMENDATION: That Council advised Department of Natural Resources & Mines that it has no objection to the application by HJ Thomas for the proposed permanent road closure over part of Passchendaele Street Stratford, abutting Lot 38 on RP713339.

INTRODUCTION: The Department of Natural Resources & Mines is seeking Council’s views on an application for permanent closure of part (about 5.4m²) of Passchendaele Street, Stratford, abutting the south-eastern boundary of Lot 38 on RP713339, by H.J. Thomas, the registered proprietor of Lot 38.

BACKGROUND: The subject area is ‘road’ (part of Passchendaele Street) abutting 34 Passchendaele Street Stratford (Lot 38 RP713339) and is remnant of a previously approved road closure which now forms part of Lot 4 SP148832.

COMMENT: Cairns Water Cairns Water has neither comment nor requirements. Strategic Planning Strategic Planning has neither comment nor requirements. Asset Management This small piece of road reserve is a remnant of a previously approved road closure, which forms part of Lot 4 SP148832. In the interests of simplifying the road reserve boundary alignment along Passchendaele Street, Asset Management has no objection to this road closure.

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Project Services Project Services has no objection to the proposed road closure. City Assessment City Assessment advise that Lot 38 is included within the Residential 1 zone in the Planning Scheme for the Balance of the City of Cairns and is designated Urban Preferred Dominant Land Use in the Strategic Plan. City Assessment supports the proposed permanent road closure of part of Passchendaele Street, Stratford, abutting Lot 38 on RP713339. It is recommended that the Department of Natural Resources be advised that the land to be permanently closed should be included in the Residential 1 zone.

CONSIDERATIONS: Statutory: As the subject area is road, any dealing will be undertaken by Department of Natural Resources & Mines in accordance with the requirements of the Land Act 1994.

CONSULTATION: As per comment section of this report.

OPTIONS: 1. That Council advise the Department of Natural Resources & Mines that it has no

objection to the permanent road closure over part of Passchendaele Street, Stratford.


support the application for permanent road closure over part of Passchendaele Street.


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ATTACHMENTS: Letter from Department of Natural Resources & Mines, including plan. Karen Hilton Administration Officer Linda Kirchner Manager Legal & Administration

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ORDINARY MEETING

18 DECEMBER 2002

5 PROPOSED ROAD OPENING IN LOT 15 ON NR317 – SASSAFRAS STREET, BRAMSTON BEACH Karen Hilton : 19/3/3-42: #561756

RECOMMENDATION: That Council advise Department of Natural Resources & Mines that it does not object to the road opening to provide legal access but is not willing to be the applicant in this matter.

INTRODUCTION: The Department of Natural Resources & Mines has written in asking if Council would be prepared to be the applicant for a proposed road opening in Lot 15 on NR317 to provide practical access to Lot 14 on NR6649 (Dawes Securities Pty Ltd) held by way of Special Lease 212010 from the State.

BACKGROUND: In 1998 Council provided its views to the Department on the further dealing with Dawes Special Lease and a request on the proposed road opening. Council advised that it had no objection to the road opening to provide legal access, but was not obligated to provide all weather practical access to Lot 14. At present legal access to Lot 14 is via the esplanade then a gazetted road at the south of the subject lot and practical access is via a formed road from the northern extension of Sassafras Street. Should Council proceed to be the applicant in this instance, the following will apply:

• Application fee for the road opening of $172.30;

• Council to provide at its cost the survey plan to describe the road and the balance of Lot 15; and

• Council to apply to the Beach Protection Authority under Section 45 of the Beach Protection Act to open the road as Lot 15 is within Coastal Management Control No. 9.

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COMMENT: Asset Management Asset Management oppose the request from Department of Natural Resources & Mines (DNRM) to be the applicant for the proposed road opening. If DNRM want to provide practical access to a special lease they have granted over one of their properties through another of their properties, then they should be the applicant. It will be enough of a burden for Council to maintain this new road once it is opened. Strategic Planning Strategic Planning agrees with Council’s previously advised position that it did not object to the road opening to provide legal access but was not obligated to provide all weather practical access to lot 14. Should Council proceed to be an applicant for the road opening then the width of road reserve should be 20m. Council should also consider when making a decision on this matter that if it does arrange a road opening, there will be an expectation by road users to have a road at a higher standard of construction (or maintenance) than what currently exists. Any improvements to what exists would be expensive considering the distance to be covered is approximately 1.75km. Project Services Project Services has no objection to the proposed road opening provided there is no obligation on Council to reconstruct or maintain the road.

CONSIDERATIONS: Statutory: Any road opening will be done in accordance with the requirements of the Land Act 1994, and once dedicated for public use Council will assume control of the road under the Local Government Act 1993. Financial: Once the road is dedicated Council will assume ongoing costs associated with maintenance. All other considerations were reviewed and deemed not applicable.


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OPTIONS: 1. That Council advise Department of Natural Resources & Mines it does not object

to the road opening to provide legal access to Lot 14 on NR6649 and agrees to be the applicant and take on the associated responsibility as the applicant and the on going maintenance of the road.

2. That Council advise Department of Natural Resources & Mines it does not object

to the road opening to provide legal access to Lot 14 on NR6649 but is not willing to be the applicant in this matter.


ATTACHMENTS: Letter from Department of Natural Resources & Mines, including plan of subject area. Karen Hilton Administration Officer Linda Kirchner Manager Legal & Administration

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ORDINARY MEETING

18 DECEMBER 2002

6 LEASE TO QUEENSLAND POLICE CITIZENS YOUTH WELFARE ASSOCIATION – PART OF LOT 545 ON NR6086 – 91-97 MACNAMARA STREET, MANUNDA Karen Hilton : 19/33-42: #565571

RECOMMENDATION: That Council approve the renewal of the lease to Queensland Police Citizens Youth Welfare Association (PCYC) over Part of Lot 545 on NR6086 (91-97 McNamara Street Manunda) for a period of 10 years upon expiry of the current lease on 16th August 2008, subject, but not limited to the following terms and conditions:

• Rental to be in accordance with Council’s Schedule of Fees and Charges at the time, and subject to annual review in accordance with the Brisbane All Groups Consumer Price Index;

• The Lessee being responsible for any “Goods & Services Tax (GST) or other form of consumption tax assessed in respect of rental payments due;

• The Lessee being responsible for rates and charges, including costs of water usage on the demised premises;

• The Lessee being responsible for all reasonable costs associated with the preparation of the new lease including legal, stamp duty, registration etc.; and

• ‘in-principle’ approval being obtained from the Minister for Natural Resources and Mines.

• The applicant be advised that an application for Material Change of Use (Impact Assessment) will be required for the proposed Multi-purpose Sport Facility and will require planning approval from Council and building approval from a Private Certifier. The application for Material Change of Use (Indoor Entertainment – Multi-purpose Sport Facility) should include a letter fully detailing the nature of the proposed development, including floor area, setbacks, on-site car parking spaces and landscaping; and provide site layout plans and elevations.

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INTRODUCTION: The Queensland Police Citizens Youth Welfare Association (PCYC) currently lease part of Lot 545 on NR6086 – R267 – Reserve for Recreation, which commenced on 17th August 1993 for a term of fifteen (15) years, expiring 16th August 2008. A request has been received from PCYC requesting a commitment from Council to renew their existing lease over part of Lot 545 on NR6086 (91-97 MacNamara Street) upon its expiry in August 2008.

BACKGROUND: PCYC is in the process of preparing an application for funding under the Governments Sport and Recreation program, to access funds through the Major Facilities program, to build a multi purpose sports facility for further youth related activities. In order to access these funds, the balance of any lease term must be for a period of not less than ten (10) years. The Association has been advised by the body administering the grants that a Council resolution indicating a commitment to renew the lease upon expiry would be sufficient.

COMMENT: Asset Management Asset Management has no objection to the extension of the lease term. Strategic Planning Strategic Planning has no objection to the extension of the lease term. Project Services Project Services has no comment regarding the future leasing of Lot 545 on NR6086. City Assessment The subject site is included within the Sport and Recreation zone in the Planning Scheme for Part of the City of Cairns and is designated Major Open Space Preferred Dominant Land Use in the Strategic Plan. An Indoor Entertainment Facility (i.e. proposed Multi-purpose Sports Facility) is impact assessable development in the Sport and Recreation zone. City Assessment supports the proposed continuation of the lease for PCYC. It is recommended that the applicant be advised that an application for Material Change of Use (Impact Assessment) will be required for the proposed Multi-purpose Sport Facility and will require planning approval from Council and building approval from a Private Certifier. The relevant application fee for planning approval is $575. The application for Material Change of Use (Indoor Entertainment – Multi-purpose Sport Facility) should include a letter fully detailing the nature of the proposed development, including floor area, setbacks, on-site car parking spaces and landscaping; and provide site layout plans and elevations.

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CONSIDERATIONS: Statutory: The renewal of the lease in 2008 will be done in accordance with the requirements of the legislation applicable at that time. Social: The PCYC provides a venue for variety of youth related activities within the community.


OPTIONS: 1. That Council advise the PCYC that it would support the renewal of its lease upon

expiry in 2008 subject to conditions to allow the Club to obtain funding to enhance its existing facilities.

2. That Council advise the Club that it does not support the renewal of the lease and

thereby restrict the additional services/facilities that the Club is seeking to provide to the community.


ATTACHMENTS: Letter from PCYC including plan of proposed extension. Plan of subject area. Karen Hilton Administration Officer Linda Kirchner Manager Legal & Administration

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ORDINARY MEETING

18 DECEMBER 2002

7 PROPOSED TEMPORARY ROAD CLOSURE OVER PART OF THE ESPLANADE ABUTTING LOT 5 ON RP906407 CAPTAIN COOK HIGHWAY, BARRON – APPLICANT: NORTHERN SANDS PTY LTD Karen Hilton : 19/3/3-42 : #559555

RECOMMENDATION: That Council advise the Department of Natural Resources & Mines that it has no objection to the proposed temporary road closure over part of the Esplanade abutting Lot 5 on RP906407, Captain Cook Highway, Barron River on the condition that the Road Licence is for sugar cane production only.

INTRODUCTION: The Department of Natural Resources & Mines is seeking Council’s views and/or requirements regarding an application by Northern Sands Pty Ltd for the temporary closure of an area of about 3.31 ha, being the Esplanade abutting the south-western boundary of Lot 5 on RP906407 (as shown on attached plan) for the continued use of sugar cane production.

BACKGROUND: The area in question is Esplanade, abutting Lot 5 on RP906407 and is currently used for sugar cane production.

COMMENT: Strategic Planning Strategic Planning has neither comment nor requirements. Cairns Water Cairns Water has neither comment nor requirements. Asset Management Asset Management do not oppose the proposed temporary road closure, provided the Road Licence is for sugar cane production only.

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Project Services Project Services has no objection to the temporary road closure. City Assessment City Assessment has no objection to the proposal.

CONSIDERATIONS: Statutory: The Road Licence will be issued by the Department of Natural Resources & Mines in accordance with the Land Act 1994.


OPTIONS: 1. That Council advise Department of Natural Resources & Mines that it has no

objection to the temporary road closure on the condition that the Road Licence is for sugar cane production only.


support the temporary road closure.


ATTACHMENTS: Letter from Department of Natural Resources & Mines including plan. Karen Hilton Administration Officer Linda Kirchner Manager Legal & Administration

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ORDINARY MEETING

18 DECEMBER 2002

8 GENERAL POLICY – USE OF CIVIC RECEPTION ROOMS Linda Kirchner : 1/3/87-01: #568431

RECOMMENDATION: That Council adopt the revised General Policy – Use of Civic Reception Rooms.

INTRODUCTION: The former Council adopted the attached General Policy in December 1998. This policy has now been reviewed in light of recent administrative changes. It is now appropriate for Council to consider readopting this General Policy.

BACKGROUND: The recent transfer of the logistics officer’s position to Media and Public Relations has provided a more effective coordination of events in these rooms. An administrative guide has been prepared for staff responsible for the management of these areas.

COMMENT: This is an administrative action to ensure that Council’s General Policies are current.

CONSIDERATIONS: Statutory: This action is in accordance with Local Government Act 1993 requirements. Policy: This action is in accordance with the Corporate Plan objective of open, accountable decision making in a consistent and congruent manner. Financial: Not Applicable

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Social: This policy ensures appropriate use of Council facilities.

CONSULTATION: The Executive Management Team, Media and Public Relations and the Manager Community Development have reviewed this General Policy.

OPTIONS: That Council readopt this General Policy.

CONCLUSION: Council should readopt this General Policy for administrative clarity.

ATTACHMENTS: Copy of revised policy attached (#273684). Linda Kirchner Manager Legal and Administration Jo-Anne Scarini General Manager Corporate Services

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CAIRNS CITY COUNCIL NO.

General Policy

Civic Reception Area – Spence Street Building. Intent The intent of this policy is to clarify the criteria for the use of the Civic Reception Rooms at the

Council Chambers, Spence Street. Scope This policy refers only to this facility. PROVISIONS 1. The areas are to be reserved primarily for use by Council for civic, ceremonial and administrative

purposes. 2. The rooms are not to be made available for hire in competition with established commercial venues

for events, functions, parties and weddings etc. 3. That the CEO be authorised to allow, under certain circumstances, other Government agencies

and bona fide community groups to use the rooms, provided such activities do not conflict with Council requirements.

4. That any use of the Civic Reception rooms for other than council purposes be restricted to normal

working hours (8.30 am to 5 pm) Monday to Friday. 5. Access to the Civic Reception Rooms out-of-hours will require the attendance of a Council

representative to disarm security before the function and to secure the area after the use concludes.

6. Any external group using the Civic Reception Rooms or the reception foyer area for meetings,

displays or functions shall demonstrate to Council that they have current public liability insurance to the value of $10,000,000.

7. The Logistics Support Officer is responsible for the administration of bookings for these facilities,

excepting the foyer area, which is the responsibility of the Arts & Cultural Planning & Development Officer.

8. Exhibitions that comply with the established guidelines for ‘Civic Reception Foyer Community

Exhibitions Program’ may be staged in the foyer. In principle emerging or established artists and community groups’ art exhibitions should not be exhibited.

9. Exhibitors must be responsible for the ‘bump-in / bump-out’ of their exhibitions, under the

supervision of the Arts & Cultural Planning & Development Officer with support from the Logistics’ Officer in Media and Public relations.

This policy is to remain in force until otherwise determined by Council. General Manager Responsible for Review: Chief Executive Officer ADOPTED: DUE FOR REVISION: REVOKED/SUPERSEDED:

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ORDINARY MEETING

18 DECEMBER 2002

9 CAIRNS ESPLANADE PROJECT – CPA LEASE Linda Kirchner: 1/3/87-1: #568808

RECOMMENDATION: That the Chief Executive Officer be authorised to finalise a lease agreement with the Cairns Port Authority in accordance with the attached diagram.

INTRODUCTION: Council and the Cairns Port Authority are in the process of finalising transfer of lands in accordance with the Esplanade Agreement. Following discussions with the Port Authority, in order to protect the interests of both parties, it is proposed that Council has a lease from the Port Authority for those parcels yet to be transferred.

BACKGROUND: This action will give greater certainty to Council for operational works and for Local Law enforcement activities. It will also provide the Port Authority with insurance etc indemnity.

COMMENT: The Port Authority is working closely with Council on this matter to ensure the best outcome for both parties.

CONSIDERATIONS: Statutory: The proposed lease does not conflict with any requirements under the Local Government Act 1993. Policy: The proposed action is in accordance with the Corporate Plan objectives of open accountable decision making in a consistent and congruent manner.

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Financial: The proposed lease will be at peppercorn rental and will expire at the time of land transfer. Social: Not applicable.

CONSULTATION: This matter has been discussed with the Manager Precinct and Facilities and the relevant staff from the Cairns Port Authority.

OPTIONS: Council should proceed with this action.

CONCLUSION: Council should proceed with this action.

ATTACHMENTS: The attached map was included with Esplanade Local Law 2002. A slight adjustment has been made to ensure all relevant CPA land has been included. Linda Kirchner Manager Legal and Administration Jo-Anne Scarini General Manager Corporate Services

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ORDINARY MEETING

18 DECEMBER 2002

10 CAIRNS REGIONAL GALLERY LIMITED Linda Kirchner: 10/13/4-05: #567825

RECOMMENDATION: 1. That Council receive the Cairns Regional Gallery Annual Activities and

Performance Report for 2001/2002. 2. That Council receive the Financial Statements for the Cairns Regional

Gallery Limited for 2001/2002. 3. That Council approve the urgent work necessary on the airconditioning to

commence immediately and that the second quarter budget review reflect the necessary capital allocation.

INTRODUCTION: In April 2002, Council accepted the 2002 – 2005 Funding and Performance Agreement between Cairns City Council and Cairns Regional Gallery Limited. Under that agreement, the Gallery Board is required to report on a regular basis to Council.

BACKGROUND: The Board of Directors for the Cairns Regional Gallery Limited held their Annual General Meeting on Tuesday 19 November 2002. At that meeting the Board received and accepted the Annual Activities and Performance Report for 2001/2002 and the Financial Statements for the same period, subject to receipt of a satisfactory report from the State Audit Office. The Director of the Gallery has now advised Council that the Auditor General has approved the Financial Statement for 2001/2002.

COMMENT: Council should note that the 2001/2002 financial year was a busy one for the Gallery. In particular, the Gallery was awarded the Heritage and Cultural Tourism Award at the Tropical North Tourism Awards.

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Council has recently received correspondence from the Gallery regarding the air-conditioning system. Officers’ investigations suggest that this system needs to be replaced as a matter of some urgency. Initial costings are approximately $180,000. The Manager Technical Support Services as part of the six month budget discussions will raise this matter.

CONSIDERATIONS: Statutory: The requirements of the Corporations Law and the Queensland Audit Office have been met. Policy: The receipt of the Gallery’s Activities and Performance Report and the audited financial statements are in accordance with the Council’s Corporate Plan objectives of “provision of community and cultural services that continue to strengthen the community” and “financial arrangements which recognises community service obligations and ensures that these obligations are met within reasonable timeframes and budgetary constraints”. Financial: This Council has adopted an annual budget allocation to the Gallery of $620,000. Council provides additional in kind resources including secretarial support and financial advice. Social: The ongoing support by Council of the Regional Gallery will ensure the operation of this facility for the enjoyment of the local community and visitors.

CONSULTATION: The Mayor and four Councillors are currently members of the Board.

OPTIONS: Council receive these reports.

CONCLUSION: Council receive these reports.

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ATTACHMENTS: A copy of both reports will be included on the official records of Council (#567046). However, they have not been attached for administrative brevity as they total 65 pages. Linda Kirchner Jo-Anne Scarini Manager Legal and Administration General Manager Corporate Services

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ORDINARY MEETING

18 DECEMBER 2002

11 ANNUAL REPORT 2001/2002 Gary Schofield : 1/58/15-01: #568879

RECOMMENDATION: That: 1. The 2001/2002 Cairns City Council annual report and financial statements

contained therein be adopted 2. That the Media and Public Relations branch arrange for publication and

distribution of the report. 3. Copies of the annual report be made available to community organisations

at no charge and to interested members of the public at a fee of $20 per copy.

INTRODUCTION: Each year the Cairns City Council is required by Local Government Act legislation to produce an annual report.

BACKGROUND: Requests for quotes were requested from eight local companies comprising printers, designers and graphic artists. The best quote was submitted by Lotsa Printing, Cairns. A ‘mock up’ version of the Annual Report is attached separately for review by Councillors. This version is presented for Council’s consideration and adoption.

COMMENT: S531(2) of the Local Government Act 1993 states “The report must be presented to the local government for adoption, and must be adopted by it before 30 November in the year after the end of the financial year to which the report relates.”

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Council missed this deadline as we were still awaiting the final audit certificate for the financial statements contained in the annual report. However, a request for an extension was made to the Department of Local Government to allow for this eventuality. It is proposed that a quantity of 500 copies be printed with these made available at all Council Offices and Libraries for the public to inspect. Other copies will be held for promotional and marketing purposes throughout the year. The total cost to produce and print these copies will be $13,000, subject to any further need for revisions and photographic replacements, and a cost of $600 to cut the entire document onto disc for lodgement on Council’s website It is proposed to make the Annual Report available to interested community groups at no charge and available to interested members of the public at a fee of $20 per copy.

CONSIDERATIONS: Statutory Part 8 of the Local Government Act 1993 dictates the form and content requirements of the annual report. Financial: The annual report is being produced and distributed at a cost of $13,000, which is within the budget allowed.

CONSULTATION: All copy for the annual report was collated from across the organisation, and involved input from every department and branch.

CONCLUSION: It is expected that the printed version of the annual report will be available within a fortnight of its adoption, subject to any delays caused by the Christmas/New Year break.

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ATTACHMENTS: Annual Report (Attached separately). Gary Schofield Manager of Media and Public Relations David Farmer Chief Executive Officer

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ORDINARY MEETING

18 DECEMBER 2002

12 PROPOSED UPGRADE TO FULLER PARK BMX TRACK Julie Carney : JSC: 10/2/1-12: #568388

RECOMMENDATION: That Council approve the allocation of $10,000 from the Emergent Works Budget for Division 2 for the upgrade of the Fuller Park BMX Track, Edmonton as outlined in the body of this report.

INTRODUCTION: It is requested that Council endorse the allocation of $10,000 from Division 2 Emergent Works Budget to the upgrade of the Fuller Park BMX Track, Edmonton.

BACKGROUND: The divisional Councillor has received a number of complaints from community members relating to the condition of, and activities occurring at, the Fuller Park BMX track, Edmonton. The major concern to residents is the prevalence of dust resulting from use of the track, and in particular, the South West section of the track. A number of changes are recommended for implementation at the Fuller Park BMX track in order to address the issues raised. These issues include: Nuisance to Local Residences: Dust from the track, and in particular one section of the track has affected nearby residences Safety of Facility: In the past, users have continuously altered the track. Many of the alterations have resulted in areas of the track becoming dangerous, with unstable jumps, and deep crevices between jumps. Upgrade of Facilities The track currently lacks support facilities such as seating and drinking taps. Users have requested that such facilities be installed on site.

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Track users have also expressed concerns over conflict occurring between older and younger users of the track. Different jump specifications are required for older and younger age groups.

COMMENT: In progressing this project, staff have (a) Undertaken a site inspection with the Divisional Councillor; (b) Coordinated a meeting with users of the facility to discuss the concerns of local residents; (c) Coordinated a meeting with a small number of volunteer users of the track to discuss the needs and requirements of users, and make comment on the design of the track; (d) obtained approximate costings for the works. Design services will be involved in finalising a plan for the track upon approval of funds, and Cairns Works will undertake the upgrade as specified in the plan. The following works are proposed to address the issues raised above: Removal of large berm (BMX jump) in south west corner of track Reshape mounds, fill hollows, stabilise jumps Secure major berm (BMX jump) in northern section of track with cement Establish Junior track adjacent to main track Install seating, drinking taps, and rubbish bins Plant shade and screening trees Installation of signage outlining Guidelines for use of facility

CONSIDERATIONS: Statutory: Officers are in the process of finalising discussions with various Council Departments and the Environmental Protection Agency, and relevant input will be considered in the preparing design specifications for this upgrade. The proposed upgrade to the Fuller Park BMX track will assist in Council’s compliance with Environmental Protection and Liability requirements. Financial: The project will be funded with $10,000 from Division 2 Emergent Works Funding. Current balance for Division 2 = $23,800 Project cost = $10,000 Balance of funds for Division 2 = $13,800 Social: The Fuller Park BMX track is heavily utilised by local youth. It is an essential recreational facility in the Edmonton area, and as such should be retained and maintained accordingly.

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The divisional Councillor’s discussions with local resident indicate their support for the facility, however, they have requested that Council attempt to reduce the dust concerns.

CONSULTATION: The divisional Councillor has discussed the issues outlined in this report with a number of the local residents. Precincts and Facilities have coordinated two consultation sessions for the Fuller Park BMX track users, in order to implement changes that are aligned with the requirements of users.

OPTIONS: Council approve the allocation of $10,000 to the upgrade of the Fuller Park BMX Track, Edmonton as outlined in the body of this report. Council not approve the allocation of $10,000 to the upgrade of the Fuller Park BMX Track, Edmonton as outlined in the body of this report.

CONCLUSION: By endorsing the recommendations outlined in this report, the Fuller Park BMX track will be a safer facility for users, and will result in a decrease in the nuisance on nearby residents.

ATTACHMENTS: Nil Tony Duffy Manager Precincts and Facilities John Hawkes General Manager City Works and Services

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ORDINARY MEETING

18 DECEMBER 2002

13 APPLICATION FOR PERMANENT ROAD CLOSURE – PART OF TILLS STREET BETWEEN MULGRAVE ROAD AND MANN STREET – AFL CAIRNS LTD Andrew Baxter: 19/3/3-41: #568630

RECOMMENDATION: That Council advise AFL Cairns Ltd that it would have no objection to the permanent closure of a seven and a half (7.5) metre wide strip of Tills Street between Mulgrave Road and Mann Street, for the provision of any proposed seating/grandstand arrangements including additional lighting tower/s, subject to:

• AFL Cairns applying to and obtaining approval from the Department of Natural Resources and Mines;

• The relocation of any of Council’s assets located within any approved area of closure, including if necessary, subject to survey of the existing open stormwater drain;

• AFL Cairns applying for and obtaining approval from Council, including certification from the Cairns Port Authority, for the placement of an additional light tower/s, in accordance with the requirements of Development Control Plan 2 – Height and Impact of Buildings;

• The area of closure being included in the adjoining zone in accordance with the requirements of Section 6.1.10A of the Integrated Planning Act 1997;

• The area of closure to be confirmed in consultation with Council’s General Manager Works and Services and allow for suitable tapers at each end of the area; and

• Any and all costs associated with the proposed closure including land purchase, kerb & channel, drainage and the relocation or provision of other Council or other authorities assets to enable closure to be effected without detriment to the area are to be the responsibility of AFL Cairns Ltd.

Furthermore, Council advise the Department of Natural Resources and Mines of its decision in regard to this matter.

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INTRODUCTION: AFL Cairns Ltd has applied for the permanent closure of about (3500m²) of Tills Street between Mulgrave Road and Mann Street, Westcourt, adjoining the eastern boundary of their property, to a maximum width of ten (10) metres. The purpose of the closure is for additional seating/grandstand arrangements, spectator access paths and new lighting tower/s.

BACKGROUND: Tills Street is designated a sub-arterial road with a 40 metre road reserve width. It is currently a dual carriageway and at sometime in the future it is to be upgraded to four (4) lanes. There is also an open drain on the western side of Tills Street.

COMMENT: City Assessment City Assessment has no concern with the proposed permanent road closure. It is recommended that where this land abuts the existing football ground area that in accordance with Section 6.1.10A of the Integrated Planning Act 1997, the road closure area be included in the Sport and Recreation zone. The use of this land for the purpose of Sport and Recreation (including football grounds) is self-assessable and will not require further approval. Development Control Plan 2 – Height and Impact of Buildings, which limits height of structures (lights) to ten (10) metres high, affects the site. Any increase in this level would require approval by Council and certification from the Cairns Port Authority that the proposed height is acceptable. Project Services If the road closure proceeds, an easement would need to be created over the existing open channel drain or an underground stormwater system created external to the subject closure area. Considerable cost would be associated with undergrounding the system which should be borne by AFL Cairns. The requested ten (10) metre closure would limit the available road width for on-street parking and future options to increase the carriageway width, accordingly it is felt that the maximum closure should not exceed seven and a half (7.5) metres. It may also necessitate the construction of kerb and channel to prevent road runoff entering private property, and the existing power poles would need to be relocated at the applicant’s expense. The proposed closure obviously will have associated cost implications to enable service relocation and will reduce the road reserve width available for future public infrastructure. Existing Council assets including kerb and channel and other authorities assets may also need to be relocated.

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Asset Management Asset Management have no objection to the closure of a ten (10) metre strip, however existing Council assets (100 AC watermain fronting the former 51st Battalion site and an open stormwater drain) need to be relocated to the road reserve. Strategic Planning requirements in respect to the upgrading of Tills Street are to be considered. If the area of closure is approved at a reduced area (5 metres) then the location of the open drain will need to be confirmed by survey. Cairns Water If the proposed closure proceeds then the existing watermain will need to relocated at the applicant’s cost. Strategic Planning Strategic Planning expressed concerns in relation to a ten (10) metre closure as this will restrict future upgrading of Tills Street and the provision of associated parking in the future. Legal & Administration It should be noted that AFL Cairns would need to formally apply for any proposed closure to the Department of Natural Resources and Mines. The Department will then seek comments from relevant agencies (eg Council and Main Roads) as to their views and /or requirements, and any approved closure area will need to be acquired into freehold by AFL Cairns Ltd.

CONSIDERATIONS: Statutory: The proposed closure will be done in accordance with the requirements of Part 2 (Roads) of the Land Act 1994 and the Integrated Planning Act 1997 and Council’s Development Control Plan 2 – Height and Impact of Buildings. Financial AFL Cairns will be responsible for any and all costs associated with the proposed closure. All other considerations were reviewed and deemed not applicable.

CONSULTATION: As per the comment section of this report.

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OPTIONS: That Council approve the permanent closure of a seven and a half (7.5) metre wide strip of Tills Street for the area of any proposed grandstand and additional lighting subject to conditions. That Council not approve the proposed closure and retain Tills Street in its present format to allow for future upgrading.

CONCLUSION: That Council proceed with the recommendations of this report, allowing for a seven and a half (7.5) metre closure of part of Tills Street.

ATTACHMENTS: 1. Letter from AFL Cairns Ltd 2. Latitude plan showing proposed area of closure. Michael Kahler Manager Project Services John Hawkes General Manager City Works & Services

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ORDINARY MEETING

18 DECEMBER 2002

14 ESPLANADE ROADWAY RECONFIGURATION Ben Milligan:DO : 1/3/32-05: #563339

RECOMMENDATION: It is recommended that: 1. The proposed interim arrangement be adopted for implementation along the

Esplanade from Spence Street to Florence Street. 2. Funding of the project be provided at the six month budget review with the

aim of commencing work in February 2003. 3. The “Sunbus” public transport route be relocated into Abbott Street. 4. Service/deliveries to businesses between Shields and Aplin Streets be

restricted to a specific time period each day. 5. A limit vehicle size apply at all times along the Esplanade between Spence

and Florence Streets.

INTRODUCTION: As a result of the ongoing development on the eastern side of the Esplanade including the Esplanade project, Foreshore Promenade project and the City Port project, speculation has been raised within the community in terms of the benefits to be gained from proposed changes to the current traffic arrangements along the Esplanade. It is anticipated that these developments will generate a significant increase in the number of potential vehicles and pedestrian activity passing and visiting this site. Officers have been requested to review past investigations and provide recommendations to reduce vehicular activity along the Esplanade generally between Spence and Florence Streets to provide a more “pedestrian friendly” traffic configuration.

BACKGROUND: Council would be aware that various proposals to reconfigure traffic arrangements along the Esplanade between Spence and Florence Streets have been investigated previously by Council officers. These proposals have included: • Retaining the current two way system with installation of traffic calming devices • Reconfiguring to a one way system with associated traffic calming devices to

reduce the speed environment

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• Temporary closure to traffic at certain times or days • Permanent closure to traffic with the area to be for pedestrians only These investigations were undertaken at various times to integrate with the Esplanade upgrade proposals and the Cairns CBD Road Hierarchy adopted by Council. After extensive consultation, Council had previously resolved in March 2000 to implement a “one way north” option including traffic calming, for a 12 month trial period having received significant amount of support for this option. In May 2000, Council officers were requested to suspend the implementation of the trial. Following the reinvigoration of the Cairns Esplanade project in May 2001, Council officers further investigated the Esplanade roadway treatment. Further consultation was conducted which failed to indicate a community preference.

COMMENT: Existing Site Conditions The site is significantly constrained by the available roadway and road reserve width. Substantial infrastructure has been constructed previously to increase outdoor dining opportunities, encourage pedestrian activity and reduce traffic along the Esplanade. At present, the footpath and roadway can become heavily congested at peak times. Traffic speeds are generally low due to congestion, vehicles manoeuvring in restricted road widths and interaction with pedestrian flows. High traffic flows, occur along the Esplanade despite the CBD Road Hierarchy identifying Abbot Street as the sub arterial whose purpose is to convey the majority of traffic in a north to south direction. Accident history reported for the Esplanade has indicated 56 accidents in the database since 1992 (Source – Queensland Transport Web Crash 2). No fatalities have been reported. Of these reported accidents, 23 incidents have involved pedestrians. 10 pedestrians have been hospitalised, 7 pedestrians requiring medical treatment and the remainder sustained minor injuries. Council’s vision for the area is now being implemented with significant works occurring to the lagoon, Fogarty Park and the Promenade. These works will make this popular area even more attractive, increasing the likelihood of pedestrian/vehicle interaction and accidents into the future. Review of Previous Options Two Way Traffic: Maintaining a two way traffic configuration will not have any overall effect on the traffic volumes currently using the Esplanade. The traffic patterns will retain the status quo and will not reflect the CBD traffic hierarchy strategy. Abbott Street will remain under utilised. It is anticipated this option will not provide any significant noticeable improvements in terms of operational traffic flow or amenity. Pedestrian access will not be improved as users will still be required to negotiate two way traffic, in what will certainly become a busier locality.

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One Way Traffic: The one way traffic arrangement would reduce overall traffic volumes along the Esplanade by encouraging vehicles to use Abbott Street as originally intended under the CBD Road Hierarchy Strategy. This anticipated reduction in traffic volumes is also likely to result in a significant improvement to the amenity of this important tourist and recreational area. Pedestrian access will be significantly improved, as pedestrians will be required to negotiate only one direction of traffic. A one way north option is preferred over a southern option as it retains the existing service/delivery locations and accessibility and allows for left turns only which will reduce potential conflict at intersections through eliminating the right hand turns required with the south bound option.. Road Closure: A permanent road closure, while the ultimate treatment for reducing traffic and creating an attractive, safe pedestrian precinct may have an impact on delivery of goods and patrons to adjacent businesses. Such a closure could however be implemented on permanent or time based basis where traffic was excluded at certain times or on certain days. Public Transport Bus Route The existence of the “Sunbus” public transport route is a significant constraint to any one way, closure or calming option. To achieve change on the Esplanade, the existing “Sunbus” Route will have to be relocated to Abbott Street. Initial discussions with Queensland Transport have indicated they are currently in negotiations with “Sunbus” to finalise contracts and potential route changes for implementation in February 2003. Officers have identified potential bus stop locations within Abbott Street. Locations have been chosen to minimise impact upon parking, take advantage of existing shelter provided by shop awnings and to utilise existing arcades between Abbott/Esplanade and Abbott/Lake Streets to improve connectivity to the Esplanade and Lake St. Preferred Option: One Way Traffic North A one way north option has been adopted as the preferred solution for any reconfiguration of the Esplanade roadway. Attached are the interim and ultimate arrangement for consideration. The interim solution is anticipated to incorporate the following features: • Improved overall amenity • Improved pedestrian access • No net loss of parking • Reduced traffic volumes • Service/deliveries retained on business side • Relocation of bus route to Abbott Street • Provision of raised pedestrian platforms between Aplin and Shields Street to calm

traffic

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• Short term pedestrian drop off facility on the eastern side of the Esplanade between Shields and Aplin Streets.

• Potential to temporarily close road between Aplin and Shields Streets to trial road closures for pedestrians only. (Trials could be conducted on Friday and / or Saturday night)

• Regulate service/deliveries to businesses between Shields and Aplin Streets to a specific time period each day

• Limit vehicle size access at all times along the Esplanade • Provision of a pedestrian scramble crossing at Shields Street adjacent to the

proposed main plaza at the lagoon development • U turn facility at Aplin and Shields Streets If approved by Council construction could commence late February 2003 with an overall construction period of two (2) to three (3) months. The ultimate arrangement is generally based on the interim configuration with the major changes being the introduction of left turn only at Florence Street which creates for a safer intersection than that proposed under the interim proposal and will further assist in reducing traffic down the Esplanade. Other improvements with this option include: • Increased amenity and accessibility for pedestrians • Kerb extensions to the dining side of the Esplanade between Aplin and Shields

Streets to enhance this aspect • Horizontal meander of traffic lane between Aplin to Shields Street (Loss of parking

on Western side) to highlight a low speed pedestrian precinct

CONSIDERATIONS: Policy Council has previously adopted the Cairns CBD Road Hierarchy. This hierarchy identifies a preference for vehicular traffic to be conveyed along the sub-arterial roads north-south through the city by Sheridan and Abbott Street, not collector roads such as the Esplanade. Currently the majority of traffic is utilising the Esplanade in preference to Abbott Street which contradicts the adopted CBD Road Hierarchy. This pattern of behaviour has resulted in Abbott Street being under utilised and the Esplanade roadway being used close to capacity, negatively impacting on the area. Financial The interim solution is anticipated to cost approximately $195,000 to implement. An additional $55,000 would be required to relocate bus routes from the Esplanade to Abbott St. Should Council wish to proceed with this option a budget allocation would be required at the six monthly budget review. Council should note this budget estimate does not include pavement rehabilitation works. At the time of the interim works it is proposed to undertake the necessary pavement rehabilitation and (kerb and channel upgrade) works at an estimated additional cost of approximately $200,000. At this time it is proposed to fund these rehabilitation works from the annual pavement resurfacing/renewal budget.

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The ultimate solution is anticipated to cost an additional $225,000 to construct at a later stage. Social It is anticipated the amenity of the area will be significantly increased due to the reduction of traffic along the Esplanade, limiting access by delivery vehicles and restricting access of large vehicles. The current interim and ultimate proposal will greatly increase the safety of pedestrians. Pedestrian activity will be encouraged to flow freely between the new lagoon and the commercial operation located on the western side of the Esplanade. Parking along the Esplanade has been maximised and compensates for loss of parking in Abbott Street as a result of the installation of bus stops along the new route. Short term pedestrian drop off zones have also been incorporated along the western side of the Esplanade. Works for the interim solution could commence late February 2003. It is anticipated that the Foreshore Promenade Project and the Regional Playground will also be under construction at this time and it is considered preferable to construct the roadway works in parallel with these associated projects to minimise ongoing disruption to the community.

CONSULTATION: Substantial community consultation has been previously undertaken for the various options. Responses received have been varied with no clear indication given by the community as to their overall preference. It is anticipated any future consultation process will fail to identify overwhelming support for one particular option from the majority of the community, given the diversity of stakeholders’ interests and the emotive issues that surrounds this proposal. Council officers have approached Queensland Transport to discuss the proposal to relocate the existing “Sunbus” route from the Esplanade to Abbott Street. An official response from Queensland Transport to Council’s letter of July 2002 is expected shortly. Following this advice, council officers would then be in a position to liaise with Sunbus regarding this issue. Preliminary concepts have been presented to the Esplanade Project Review Group. It is anticipated further informative communication will be conducted with the community, business trades and other stakeholders. Initially with Strategic Planning Branch.

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CONCLUSION: This report recognises the importance of the Esplanade at this location to the vitality of the area and indeed the CBD. It seeks to complement the Lagoon, Promenade and Fogarty Park treatments allowing for a safer and more accessible environment to pedestrians using this popular tourist and recreational area but maintains a good degree of access for vehicles to adjacent businesses and in fact increases the level of parking in the immediate area. ATTACHMENTS: Flanagan Consulting Group Esplanade Traffic Management Proposed Interim Treatment Plan no. 1262-SK01C Flanagan Consulting Group Esplanade Traffic Management Proposed Ultimate Treatment Plan no. 1262-SK03B Flanagan Consulting Group Esplanade Traffic Management Overall Parking Impact Plan no. 1262-SK09 Michael Kahler Manager Project Services John Hawkes General Manager City Works & Services

82

ORDINARY MEETING

18 DECEMBER 2002

15 SPORT AND RECREATION DEVELOPMENT GRANTS – ROUND 2 2002/2003 Julie Carney: JSC: 10/7/1-37: #568426

RECOMMENDATION: That Council endorse the recommendations of the Sport and Recreation Reference Group by approving funding under the Sport and Recreation Financial Assistance Scheme, Community Projects and Activities Program in accordance with the details set out in the body of this report.

INTRODUCTION: This report is providing recommendations for Council's consideration in relation to grant applications submitted under Round 1 of the Community Projects and Activities Program of the 2002/03 Sport and Recreation Financial Assistance Scheme.

BACKGROUND: Council received 29 applications for this round of the Community Projects and Activities Program. After initial eligibility screening against the requirements stated in the program guidelines, officers deemed 23 applications to be eligible for assessment by the Assessment Advisory Panel, and 2 applications have been held over until the next round of funding due to Insurance and Incorporation difficulties. The Assessment Advisory Panel consisted of the community members of the current Sport and Recreation Reference Group.

COMMENT: Each member of the Assessment Advisory Panel was provided with a summary of relevant information contained in each eligible application for their full consideration prior to the assessment meeting. At the assessment meeting members of the Panel were given an opportunity to ask specific questions in relation to each application before being asked to rank each application in terms of high, medium or low based on the applicant's ability to meet the program’s funding criteria. An average of these scores was recorded, and in consideration of the budget allocated for this program, the Panel agreed to recommend those applications with the highest average scores. This process was followed until all available monies were allocated.

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In some instances, the Panel agreed to only consider part of certain applications. In such instances where an application has been recommended for an amount less than requested, ratings were based on funding only for those items as outlined in the Schedule in Attachment A. A summary of the outcomes of the assessment of eligible applications by the Assessment Advisory Panel is as follows: Table 1 Applicant Project Description Amount

Requested Rating Recommendation

(excl. GST) AFL Cairns Juniors Level 1 coaching

accreditation course $2,300 2.43 Recommended

$2,300 Cairns District Soccer Association

Shade Shelters $5,000 2.43 Recommended $5,000

Cairns Baseball League

Repairs to backnet $3,150 2.29 Recommended $3,150

Cairns Mineral & Lapidary Club

Purchase of Facet Machine, Refrigerator, and chairs

$4,590 2.71 Recommended $3,665

Mulgrave Junior Cricket Association

Junior cricket training equipment

$4,841 2.29 Recommended $4,841

Mulgrave Little Athletics

Equipment and shade cover

$4,605.35 2.43 Recommended $4,605.35

Southern Suburbs Rugby League Club

Upgrade of Playing fields $5,000 2.43 Recommended $5,000

Tennis Cairns Inc Upgrade Tennis Courts $5,000 2.83 Recommended $5,000

Cairns Mountain Bike Club

Purchase of PA system, generator, and stop watch

$4,852 2.29 Recommended $2,620

Cairns & District Rugby League

Air-conditioning of community meeting room

$2,360.40 1.71 Not Recommended

Cairns Beaches Outrigger Club

Purchase of outrigger canoes

$5,000 2 Not Recommended

Cairns Hawks Junior AFL Club

Equipment Trailer $2,645 1.57 Not Recommended

Cairns Netball Association

Promotion and Development Program

$4,691.15 1.57 Not Recommended

Clifton Beach Tennis Club

Resurface courts 3 and 4 $5,000 1.5 Not Recommended

Marlin Coast Swimming Club

Shade cover fixed to side of Grandstand

$3,993 1.86 Not Recommended

Redlynch Equestrian Association

Installation of Bore $5,000 1.71 Not Recommended

Redlynch Junior Soccer Association

Coaching Clinic $4,128 2.29 Not Recommended

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Saints Hockey Club Exercise Equipment $2,222 1.71 Not

Recommended Souths Soccer Club Training equipment and

shade structure $4,397.74 2.29 Not

Recommended ATSI Youth Welfare Healthy Lifestyle

Program $5,000 2.29 Not

Recommended Fretwell Park Sporting Association

Children’s Playground $5,000 1.86 Not Recommended

TOTAL GRANTS RECOMMENDED FOR FUNDING = $36,181.35 A more detailed summary of each application is provided in Attachment 1.

CONSIDERATIONS: Policy: The Financial Assistance Policy specifies that grant assessment involves the comparison of an application with eligibility criteria, funding objectives and funding criteria (program specific). Assessment Advisory Panels are responsible for reviewing applications and providing a recommendation to Council. The determination of merit is important and should allow for funds to be awarded according to program priorities. Determination of applications relies on: ● Application meeting essential criteria; ● Assessment against funding criteria; ● Assessment against program aims and priorities; ● Recommendation by the Assessment Advisory Panel; and ● Council Decision. Financial: The General Funding Criteria relating to Finances are: ● Potential to increase self reliance within the applicant sport and recreation

organisation; ● The amount of shared funding support involved; and Funds allocated in the 2002/03 budget for the Sport and Recreation Financial Assistance Scheme totalled $100,000, with $65,000 of this allocated to Rounds 1 and 2 of the Community Projects and Activities Program. Social: Each application recommended for funding has been considered to meet the funding criteria stated in the Sport and Recreation Financial Assistance Scheme Guidelines for 2002/03. The Assessment Advisory Panel are satisfied that each of these applications demonstrates a capacity to increase community participation in sport and recreation, and community support for, and benefit from, their project.

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CONSULTATION: Throughout the assessment process, the Assessment Advisory Panel have had the opportunity of direct consultation with Council staff on issues/questions arising from applications. The Panel provided comment prior to the finalisation of the scoring proforma and the method of assessment. Council officers were unable to actively encourage the approval or otherwise of an application but provided direction to the group through reference to current Council position on a project and the relevant funding criteria. The recommended applicants have demonstrated community support for the projects through letters of support.

OPTIONS: Council endorse the recommendations of the Sport and Recreation Reference Group by approving funding under the Sport and Recreation Financial Assistance Scheme in accordance with the details set out in the body of this report. Council does not endorse the recommendations of the Sport and Recreation Reference Group by approving funding under the Sport and Recreation Development Program in accordance with the details set out in the body of this report.

CONCLUSION: By adopting the recommendations of the Assessment Advisory Panel, Council will be meeting identified community needs, improving community organisations and facilities, providing increased opportunity for the community to participate in quality sport and recreation activities and supporting the assessment process which has received ongoing development since 1998.

ATTACHMENTS: Overall Assessment Ranking of Eligible Applications – #568608 Tony Duffy Manager Precincts and Facilities John Hawkes General Manager City Works and Services

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Attachment 1: Overall Assessment & Ranking of Eligible Applicants

Applicant Project Project

Cost Amount

Requested Rating * Recommended

(Y/N) Amount

Recommended Panel Comments

AFL Cairns Juniors Level 1 Coaching Accreditation Course $3,120 $2,300 2.43 Recommended $2,300

Project provides assistance to club to become self-reliant.

Cairns & District Soccer Association Shade Shelters $7,200 $5000 2.43 Recommended $5,000

Limited shade is available at Endeavour Park.

Cairns Baseball League Repairs to Backnet $4,565 $3,150 2.29 Recommended $3,150 Improve safety of facility.

Cairns Mineral & Lapidary Club

Purchase of Facet Machine, refrigerator, and chairs $4,677.80 $4,590 2.71 Recommended $3,665

Facet machine important piece of equipment. Refrigerator and chairs not recommended for funding.

Mulgrave Junior Cricket Association Junior Cricket Training Equipment $5,341 $4,841 2.29 Recommended $4,841

Equipment will enhance the ability of the club to deliver sport and recreation to the community.

Mulgrave Little Athletics Equipment and Shade Cover $4,605.35 $4,605 2.43 Recommended $4,605.35 Contributing to works schedule at Johnson Park.

Southern Suburbs Rugby League Club Upgrade of Playing Fields $10,516 $5,000 2.43 Recommended $5,000

Playing fields at Alley Park are in extremely poor condition. Three clubs will benefit from the project. Substantial financial contribution from club.

Tennis Cairns Inc Upgrade Tennis Courts $15,931.85 $5,000 2.83 Recommended $5,000 Substantial contribution from club. Facility heavily used.

Cairns Mountain Bike ClubPurchase of PA System, generator, and stop watch $4,582.60 $4,582.60 2.29 Recommended $2,620

Emerging sport in Cairns. Potential for development. Generator and cables not recommended for funding.

Cairns & District Rugby League Airconditioning of meeting room $3,705.56 $3,260.40 1.71 Not Recommended 0 Nil

Cairns Beaches Outrigger Club Purchase of Canoes for Juniors $6,600 $5,000 2 Not Recommended 0

Council funded canoes for club in the last round of financial assistance.

Cairns Hawks Junior AFL Club Equipment Trailer $5,725 $2,645 1.57 Not Recommended 0 Nil

Cairns Netball Association Inc

Promotion and Development Program $7,291.25 $4,691.15 1.57 Not Recommended 0

Project can be funded under state government programs.

Clifton Beach Tennis Club Resurface courts 3 and 4 $10,248.70 $5,000.00 1.5 Not Recommended 0

Facility not readily available to public. Council contributed funds to development of courts.

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Applicant Project Project

Cost Amount

Requested Rating Recommended

(Y/N) Amount

Recommended Panel Comments

Marlin Coast Swimming Club

Shade cover fixed to side of grandstand $4,376.00 $3,993 1.86 Not Recommended 0

Council is contributing significant funds to erect a shade structure at this facility

Redlynch Equestrian Association Installation of Bore $8,000 $5,000 1.71 Not Recommended 0 Nil

Redlynch Junior Soccer Association Coaching Clinic $5,168.40 $4,128.4 2.29 Not Recommended 0 Nil

Saints Hockey Club Exercise Equipment $2,222 $2,222 1.71 Not Recommended 0 Equipment requested not necessary for player training.

Souths Soccer Club Training Equipment and Shade Shelter $5,397.74 $4,397.74 2.29 Not Recommended 0

Most equipment classed as consumable.

ATSI Youth Welfare Healthy Lifestyle Program $5,000 $5,000 2.29 Not Recommended 0 Some items classed as consumable

Fretwell Park Sporting Association Children’s Playground $6,584 $5,000 1.86 Not Recommended 0 Nil

* Rating Method – each member of the assessment panel rated each application with a High, Medium or Low.

Each rating was given the points, with the average of these ratings resulted in a score being allocated to each application. High = 3 points

Medium = 2 points Low = 1 point

88

ORDINARY MEETING

18 DECEMBER 2002

16 CITY DEVELOPMENT – NOVEMBER 2002 MONTHLY REPORT Peter Tabulo 1/3/83: #564636

RECOMMENDATION: That the report be noted. P Tabulo General Manager City Development

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Sub Program City Development

Management & Support [CA]

Outcome Statement To ensure that Council has a co-ordinated approach to delivering the programmes that will achieve acceptable development while satisfying community and government expectations. ACTIVITY City Development – Management & Support [CAA] Aim To provide management and support for the City

Development Division. Level of Service Management of City Development Division activities

including Development Assessment, Building Certification, Environmental and Public Health, Community Development, and Strategic Planning.

Officer Responsible: General Manager – City Development

On target Performance Targets Yes No

Maintain existing levels of service Achieve operating initiatives Operating Budget Function YTD

Actual ($)

YTD Budget

($)

Var ($)

Var (%)

Revenue 2400 –City Development Management Support Expenditur

e 117,898 148,754 30,857 21 Variance Report The budget is on target, with no major issues. Issues in Month Nil Prospective Actions Nil

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Sub Program Far North Building Certification [CC]

Outcome Statement To ensure that building developments and related operational works conform with acceptable standards, to enhance the future development of the City of Cairns to the benefit of its community. ACTIVITY Building Certification [CCA] Aim To provide a building certification service, on behalf of the Council in its capacity as Assessment Manager, as its appointed certifier under the provisions of the Integrated Planning Act 1997 and the Building Act 1975; and A process which ensures that operational works related to each building development certified by Far North Building Certification comply with relevant requirements of development legislation. Level of Service Domestic and commercial building certification to the requirements of the Integrated Planning Act, the Building Act and the Building Services Authority. Integration with other services branches of Council to provide a whole-of-project assessment and approval service, addressing the requirements of the planning scheme, local laws and relevant legislation. Consultancy and certification services to local governments and community councils in Far North Queensland. Officer Responsible Manager Far North Building Certification.

On target Operating Initiatives Due date Complete Yes No

Complete market analysis report by June 2003. 30/06/03 10% Develop and implement a promotional Plan by June 2003.

30/06/03 10%

Develop and implement a Client Service Plan by June 2003.

30/06/03 10%

On target Performance Targets

Yes No 50% market share within the Cairns local government area. Increase activity outside the Cairns local government area by 15% per annum.

Increase level of work in association with major private sector certifiers by 15% per annum. * Marketing programme being developed

Achieve operating surplus of 5%. √

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Operating Budget Function YTD

Actual ($)

YTD Budget

($)

Var ($)

Var (%)

Revenue 0 0 0 n/m2110 Administration Support Expenditure 3,486 -226 -3,712 -1,643

Revenue 79,109 100,805 -21,696 -222120 Building Certification, domestic Expenditure 101,445 95,148 -6,297 -7

Revenue 40,363 21,863 18,500 852130 Building Certification, commercial. Expenditure 35,832 29,919 -5,912 -20

Revenue 31,154 30,631 523 22145 Corporate participation. Expenditure 38,432 34,917 -3,515 -10TOTAL Revenue 150,626 153,299 -2,673 -2 Expenditur

e 179,195 159,759 -19,436 -12

Variance Report Variances are due to the revenue being less than anticipated; due to staff moving to the private sector, with corresponding reduction in market share. Market share is consistent with the number of building certifiers employed by Council compared with the total working in the Cairns local government area. Issues in Month Danny Gilligan joined Far North Building Certification as building certifier at building surveyor level with private certifier endorsement. Effectively, his qualification is “building certifier, unrestricted”. Kerry Maggs left Far North Building Certification to join the Council’s Building Regulation Team in the Environmental Assessment Branch. Building statistics for the calendar year to date are as follows:

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Prospective Actions Review corporate overheads (full cost pricing) allocated to the business unit’s budget; with a view to modifying the allocation of corporate overheads, so as to provide consistency with the reduced staffing levels in the business unit. The review will review the possibility that the excess of expenditure over revenue might be reduced following re-appraisal of the allocation of corporate overheads.

VALUE OF BUILDING WORK X $10,000 - ALL WORK IN THE CAIRNS LOCAL GOVERNMENT AREA. Far North building Certification.

0

500

1000

1500

2000

2500

3000

3500

4000

Jan-02 Feb-02 Mar-02 Apr-02 May-02 Jun-02 Jul-02 Aug-02 Sep-02 Oct-02 Nov-02

VALU

E X

$10,

000.

All buildings Value 1813 1496.4 1731.5 2905.4 1653.5 2361.2 1784.4 1898.2 3610.7 2318.7 3423.9

Total value all work other than new dwellings 953.5 458.8 834.8 2086.3 985.2 1476.4 1017.5 806.3 2835 1702.5 2843.2

New Dwellings value 859.5 1037.6 896.7 819.1 668.3 884.8 766.9 1091.9 775.7 616.2 580.7

Total value new commercial building work (allwork other than new dwellings, other domesticwork, alts& adds.)

831 243.9 350.8 1762.4 674.7 1251 732.8 456.2 2145.1 1399.5 2107

January-02

February-02

March-02 April-02 May-02 June-02 July-02 August-

02September-02

October-02

November-02

NUMBER OF BUILDING APPROVALS - ALL APPROVALS IN CAIRNS LOCAL GOVERNMENT AREA. Far North building Certification.

188

231212 210

239

178

225 218

252

213

280

111

148139

148

187

116

167145

193

167

237

77 8373

6252

62 5873

5946 43

5 7 4 8 7 8 12 5 8 5 90

50

100

150

200

250

300

Jan-02 Feb-02 Mar-02 Apr-02 May-02 Jun-02 Jul-02 Aug-02 Sep-02 Oct-02 Nov-02

All buildings Number 188 231 212 210 239 178 225 218 252 213 280

Total of all work other than new dwellings 111 148 139 148 187 116 167 145 193 167 237

New Dwellings number 77 83 73 62 52 62 58 73 59 46 43

Total numbers new commercial building work(all work other than new dwellings, otherdomestic work, alts& adds.)

5 7 4 8 7 8 12 5 8 5 9

January-02

February-02

March-02 April-02 May-02 June-02 July-02 August-

02September-02

October-02

November-02

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Sub Program City Assessment [CE] Outcome Statement To ensure the proper assessment of development having regard to legislative requirements, the town planning scheme, community expectations and ecologically sustainable development ACTIVITY City Assessment – General Admin [CEA] Aim To provide management and support to the City Assessment Branch. Level of Service Provide management and support for Branch staff and operations. Attend to all administration requirements of the Branch in an accurate and timely manner. Officer Responsible: Manager City Assessment


95% of Planning and Development Certificates to be issued within 5 business days of receipt.

Development Statistics provided to DLGP/Realty Research within 5 business days after the end of each Quarter.

Review Web based Branch information on a quarterly basis. Operating Budget Function YTD

Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2210 – City Assess - Gen Admin

Revenue 19,563 13,350 6,243 47

Expenditure 83,116 86,450 3,334 4 Variance Report Revenue for City Assessment was greater than expected. This is attributable to the high number of requests for Planning Certificates including a larger than usual number of requests for Standard and Full Certificates. The variance in expenditure reflects the change in staffing over the last three months, and is expected to even out completely following the Christmas break, as staff take annual leave. Issues in Month Nil. Prospective Actions Nil.

94

ACTIVITY Development Assessment [CEC] Aim To provide certainty for the development industry and the community through consistency in approach and outcomes. To reduce unnecessary delays in decision-making. To support and encourage development which complies with the legislative requirements and meets community expectations. Level of Service 9 Material Change of Use (Impact Assessment) applications were received during

November 2002. 0 Material Change of Use (Code Assessment) applications were received during November

2002. 0 Combined Applications were received in November 2002. 8 Reconfiguration applications received during November 2002. 18 Pre-lodgement enquiries were received with 17 responses issued. 75% of ‘Acknowledgment Notices’ for all IDAS applications were issued within 5 business days. 36 Agenda items reported to Council during November 2002 being 62% of all agenda items. Officer Responsible: Manager City Assessment


Undertake CairnsPlan Implementation Workshop/Training Forums in conjunction with Strategic Planning.

March 2003

20%

Establish an audit/inspection program for all Material Change of Use Development Permits issued by Council between 30 March 1998 and 30 March 1999.

June 2003

10%

Maintain the Developer Contribution Register. June 2003

On Going


Yes No Assess 95% of pre-lodgement enquiries within 7 working days. 100% of ‘Acknowledgment Notices’ for all IDAS based applications to be issued within 10 business days in 2001/2002, with an average of 5 business days to be achieved for all applications.

No ‘Information Requests’ to be made for applications, which have been discussed in a pre-lodgement meeting, and all of the information requested to be submitted with the application has provided by the applicant.

75% of Decisions for all IDAS based applications to be considered within 20 business days of the commencement of the Decision Making Period in 2001/2002, with 100% of Decisions being considered within 40 business days of the commencement of the Decision Making Period.

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Actual ($)

YTD Budget

($)

Var ($)

Var (%)

2250 – Development Assessment

Revenue 167,361 139,825 27,536 20

Expenditure 130,442 128,322 (2,120) (2) Variance Report Revenue for City Assessment was greater than expected. This is attributable to the high number of large applications received. The slightly higher than expected expenditure reflects the payment of overtime to staff to deal with the influx of applications and standard and full planning certificates received. Issues in Month It is worth noting that a number of large and complex applications have been received. These applications are already consuming considerable officer time, by way of information requests and referral co-ordination. These applications will be time consuming to assess and are also likely to require detailed consideration from Council. The applications include:

Location Applicant and / or Development

Name

Proposal

24 Trinity Beach Road, Kewarra Beach

Bluewater Combined Material Change of Use (Impact) and Reconfiguring a Lot for Multiple Dwelling Units, Holiday Apartments, Shops and residential lots, including a lake.

O’Brien Road, Trinity Park

Delfin Lend Lease Combined Material Change of Use (Impact) and Reconfiguring a Lot for Residential Development containing 1200 allotments and 11 lakes.

Fairly Street, Redlynch

Redlynch Valley Property Company

Material Change of Use (Impact) for approximately 400 lots in the Residential 1 zone (land currently in the Special Facilities zone).

Captain Cook Highway, Smithfield

Peter Burke (land in front of old Farrow Mortgagee Site)

Commercial Development excluding shops and shopping centre. Incorporates substantial filling of the land.

Captain Cook Highway, Smithfield

Water Ski Park (on part of land in the old Farrow Mortgagee Site)

The proposal involves a lake, and substantial excavation.

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The number of complex applications received has also impacted on the amount of time spent on the Developer Contributions Project. However, progress continues to be made on the Project including the following:- a. An information sheet, for distribution to the general public and to accompany

developer contributions has been developed. b. Training of customer service staff regarding developer contributions will occur in

December. c. Post Council resolution processes are now in place whereby development

approvals are now being accompanied by a payment entry sheet for the calculated contributions, together with a summary sheet and the general information sheet.

Prospective Actions Investigate ways of improving Branch efficiencies including focusing on the scheduling of reports to particular agendas.

97

ACTIVITY Subdivision Services [CEE] Aim To provide certainty for the development industry and the community through consistency in approach and outcomes. To reduce unnecessary delays in decision-making. To support and encourage development which complies with legislative requirements, Council’s development manual and local laws, and meets community expectations. Level of Service 3 Operational Works applications received during November 2002. 2 Local Law applications received during November 2002. 8 Survey Plans received during November 2002. 3 Building Format Plans received during November 2002. Officer Responsible: Manager City Assessment


Hold an Erosion and Sediment Control Training/Workshop.

Feb 2003

5%

Affiliation/Promotion of Land for Wildlife. June 2003

5%

Undertake stage 2 of the rural road addressing program.

June 2003

100%

Establish an annual inspection program for all Extractive Industry sites.

Dec 2002

20%

Prepare amendments to Development Manual and Prepare Brochures on the Landscape Guidelines for Footpaths.

March 2003

0%

Maintain the Developer Contribution Calculator. June 2003

As Req

98


Yes No Assess 95% of Local Law applications within 20 business days of receipt. Consider 75% of Decisions for all IDAS based applications within 20 business days of the commencement of the Decision Making Period in 2002/2003, with 100% of Decisions being considered within 40 business days of the commencement of the Decision Making Period.

Sign and date 50% of Survey Plans for IDAS based reconfiguration applications within 10 business days of lodgement, with 100% being signed and dated within 20 business days.


Actual ($)

YTD Budget

($)

Var ($)

Var (%)

2280 – Subdivision Services Revenue 140,268 114,825 25,443 22 Expenditure 165,925 179,702 13,777 8 Variance Report Revenue was greater than budgeted for. This reflects the varying nature of the development industry and in particular the extended dry season this year, which has enabled developers to continue working later into the year than usual. Expenditure is higher than budgeted for, this reflects the ongoing staff shortages in this Unit, and the ongoing need to utilise consultants to undertake some of the work. Issues in Month Mr Larry Molloy has been appointed to the position of Technical Officer and will commence with the Unit in February 2003. Mr James Stewart commenced with the Unit in mid-November, as a student engineer. James will be with City Assessment until February. The inspection program for all extractive industries is being formulated. The program is not as advanced as officers had anticipated, and again the shortage of staff in the unit has impacted on this project. It is anticipated that the inspections will commence in February Subdivisions Under construction: Smithfield Gateway – Lake Construction Centenary heights Stages 9A & 10C Lyons Street Industrial Subdivision Orchid Glen Stage 7A Forest Gardens Stage 15B2 Holmes Street, Stratford Redlynch Valley Estate Stage 3 Ponticello Estate Stages 11 & 12 Rainforest Rise Estate Stage 3-6 Park Ridge Estate Stages 2D & sE Island View Estate Stage 2A Colonial Cummings Drive, Buchans Point Paradise Gardens Stage 2, Kewarra Beach

99

‘On Maintenance’ Red Peak Forest Estate Stage 5 Tamarind Heights Estate Stage 8 ‘Off Maintenance’ Red Peak Forest Estate Stage 2 Survey Plans Building Format plans 3 Net Lots 33 Standard Format plans 8 Net Lots 14 Rural Road Addressing Project Total numbers installed + 1343 Since the project commenced in July 2002 all of Division 1 has been completed and a portion of Division 2 with the Bruce Highway being numbered up to Cannon’s Farm at White Rock. The Rural Road Addressing Project is ahead of schedule and planning is already underway for the next stage which will commence in May 2003. Mr Garry Nichols from the Gordonvale Depot has assisted Mr Clayton Oostergo during the course of this project and thanks are extended to him.

100

Sub Program Environmental Assessment [CG] Outcome Statement To enforce compliance with all relative legislation, both State and Local, in a manner consistent with the policies of Council and with regard for community expectations. ACTIVITY Building Regulation [CGA] Aim To provide building regulatory services to meet State and Local legislative requirements. Level of Service Provide compliance searches and inspections of unauthorised and non-conforming building works within the City. Perform required quality assurance audits of private building certifiers and collate statistical information for Building Services Association. Maintain records of all building work within the City. Officer Responsible: Manager Environmental Assessment


Develop scheduled flammable & combustible system by March 2003

March 2003

10%


Yes No Maintain existing service level Achieve operating initiatives Achieve 100% of statutory time frames Prepare 100% of compliance inspection reports within 48 hours of notification


Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2500 Building Regulation Chargeable

Revenue 142620 93250 49370 53

Expenditure 47911 90091 42180 47 Variance Report Reflects the increased activity in the Building Industry.

101

Issues in Month Permit Searches 19 Compliance Inspections 11 Siting Inspections 29 Complaint Investigations 23 Prospective Actions Nil

102

ACTIVITY Environmental Assessment – General Administration [CGC] Aim To provide a comprehensive and timely administrative support to the Branch and to respond in a professional manner with matters raised by ratepayers and customers. Level of Service Maintain accurate property based records. Respond to resident’s requests within two (2) working days. Process licensing and registration applications within quality assured procedures and within ten (10) working days of receipt. Officer Responsible: Manager Environmental Assessment


Develop system to track statutory licence and registration applications and payment status by March 2003

March 2003

50%


Yes No Maintain existing service level Achieve operating initiatives Dispatch 100% of resident requests received to appropriate officer within 1 hour of receipt

Compile 80% of reports and correspondence within 24 hours of receipt Prepare 100% of reports for Council meeting agendas within required time frames


Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2520 General Administration Revenue 141 0 141 n/m Expenditure 97241 86261 (10980) (13) Variance Report Budget reflects officer being paid from the wrong General Ledger account. This will be reallocated in the December review. Issues in Month Nil Prospective Actions Nil

103

ACTIVITY Environmental Protection Unit [CGE] Aim To ensure that Council’s responsibilities are fulfilled for devolved activities under the Environmental Protection Act 1994 and the Environmental Protection (Water) Policy. Level of Service Administer devolved Environmentally Relevant Activities (ERA’s) in accordance with standard operating procedures. Administer the Environmental Protection Policy (Water) in accordance with the Memorandum of Understanding with the Environmental Protection Agency (EPA). Provide advice and direction to external and internal clients in order to achieve compliance with environmental licences. Action complaints within two hours of receipt. Continue the Unlicensed Premises Inspection Program and the Environmental Authority Compliance Inspection Program. Achieve 100% compliance with EPA reporting requirements. Officer Responsible: Manager Environmental Assessment


Develop a program to raise the level of “Environmental Awareness” in schools via liaison with the State Dept of Education by June 2003

June 2003

10%

Develop training programs to increase level of EPU Officer knowledge/skill/ability by June 2003

June 2003

15%


Yes No Maintain existing service level Achieve 100% compliance with statutory timeframes Issue 10 Environmental Authorities per quarter Achieve operating initiatives Achieve 95% level of licensing of ERA’s within Cairns by June 2003 Urgent priority complaints action within 2 business days (100% compliance)

Medium priority complaints actioned within 5 business days (80% compliance)

Low priority complaints action within 8 business days (70% compliance). Complainant advised/updated on incident/complaint outcome(s) within 5 business days of resolution (100% compliance).

104


Actual ($)

YTD Budget

($)

Var ($)

Var (%)

2525 Environmental Protection

Revenue 44779 37000 7779 21

Expenditure 58358 74330 15972 21 Variance Report Budget is on target. Issues in Month Completed compliance actions relating to targeted Metal Recovery facilities. Serving of Infringement Notice to commercial cleaner. Identification of ten (10) unlicensed Environmentally Relevant Activities (ERA’s). Handover of “Code Assessable” ERA’s from City Assessment to EPU. Prospective Actions Prosecution – Two (2) EPU Clients carrying out an Environmentally Relevant Activity (ERA) without a licence. Prosecution of Bentley Park land developer. Continued auditing of soil and water management on Subdivision and Building Construction sites. Developmental of Environmental Awareness Education program targeting commercial cleaners and concreters.

105

ACTIVITY Health Licences [CGG] Aim To provide regulatory and educative services for Council’s public health responsibilities under State legislation and Council’s Local Laws. Level of Service Undertake licensing and inspections of all health related premises and other public health related premises (Food Premises, Accommodation/Hostel, Hairdressers) and other public health related premises. Provide an effective inspection program as identified by the level of risk. No. of premises licensed : 2,666. Respond to complaints received. 2001/02 estimates for each of the major health category : * Food Premises : 275 * Accommodation/Hostel : 320 * Hairdressers : 10 * Other Public Health Related Premises : 332 Officer Responsible: Manager Environmental Assessment


Develop an IT system for the lodgement and approval of health licensing by March 2003

March 2003

50%


Yes No Conduct inspections for each licensed premises : * Food Premises : 1,000 * Accommodation/Hostel : 100 * Hairdressers : 200 * Other Public Health Related Premises : 50 Investigate complaints for various health premises within a 24 hour time frame.


Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2552 Health Licences Revenue 207791 162500 45291 28 Expenditure 195174 161437 (33737) (21) Variance Report To be reviewed in the December review.

106

Issues in Month The following activities were carried out by Environmental Health Officers in addition to usual duties. Courses/Training/Meetings attended by Public Health Unit Vector Control workshop – Townsville. Performance Appraisal Training. Latitude Training. Dealing with Difficult People Training. Certificate IV Food Auditing Course. Workplace Health and Safety Induction workshop. Risk Watch meeting. Other Activities Worked on various internal projects including: Flat inspection project Mosquito light trapping Day Care Centres food survey. Routine operational meetings. Participation in odour background study – Portsmith. Voluntary closures of 2 food shops. Extensive work on preparing statistics on food premises for future needs. Involvement in presentations for Australian Institute of Environmental Health Northern Group Conference, professional development. The following Environmental Health Inspections were carried out: Complaints investigated: 98 Routine inspections: 94 Follow up inspections: 63 Notices issued: 75 Actions Pending Two possible prosecutions for failure to comply with the Food Safety Standards (Food Act 1981) Prospective Actions Nil.

107

ACTIVITY Vector Control [CGI] Aim To deliver a program of Vector Control that reduces the prevalence of the mosquito and midge in a cost effective manner. Level of Service Number of complaints received : 870. Number of fingerlings released per month : 10,000. Officer Responsible: Manager Environmental Assessment


Enhance public information on vector control including utilising Council’s website and other public places by June 2003.

June 2003

5%

Investigate more cost effective means of program delivery by June 2003.

June 2003

5%

Investigate alternate methods of control by June 2003.

June 2003

5%


Yes No Increase the volume of fish released. To reduce unit costs below 2001/02 levels. Operating Budget Function YTD

Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2570 Vector Control Revenue 787 0 787 n/m Expenditure 168760 176548 7788 4 Variance Report Budget is on target. Issues in Month Fogging Units Council’s Fogging Operations have been to low-lying swamp areas and Council easements. Larvicide Operations Tidal areas and isolated sites have been the areas treated this month Mosquito Complaints 15 Mosquito complaints have been actioned for the month Biting Midge Complaints 5 Biting Midge complaints this month.

108

Dengue Response Nil Fish – Eastern Rainbow Fish Breeding is still underway in anticipation of the pending wet season. Prospective Actions Nil

109

ACTIVITY Animal Control [CGK] Aim To ensure that animals are controlled so as not to create a public nuisance while at the same time promoting responsible pet ownership. Level of Service Number of Dogs registered : 16,817 Number of Dog/Cat complaints : 150 dog related, 40 cat related Number of Dog/Cats impounded : 140 dogs per month average, 15 cats per month Number of Registered Dogs impounded : 90 per month average Number of Unregistered Dogs impounded : 40 per month average Provide an education program to schools and community groups. Officer Responsible: Manager Environmental Assessment


Work with Project Services to complete the McCoombe Street Pound.

October 2002

80%

Implement improved processes for pound releases.

January 2003

75%

Provide educational talks to primary schools within the City.

June 2003

5%


Yes No Regulate and monitor dog/cat complaints and dog/cats impounded Ensure the initial time response to at least 95% of dog attack complaints is no more than 30 minutes

Conduct a yearly review and survey of participating schools and community groups to gauge program effectiveness. * No. of schools participating : 30 * No. of presentations conducted : 15 per quarter Approx number of students involved in presentations per quarter : 500


Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2580 Animal Control Revenue 231509 256955 (25446) (10) Expenditure 278843 309662 30819 10 Variance Report Budget is on target.

110

Registration and Release Details Number YTD Number of dogs registered 204 14949Number of dogs impounded 71 476Number of Complaints received and actioned 314 1397Number of dogs not wearing tags 48 163Number of dogs wearing tags 23 313Number of dogs returned to their owner 44 312Number of dogs euthanased 15 99Number of dogs surrendered to a refuge 5 28Number of dogs still in the pound 7 37Number of dogs seized under destruction orders 1 2Number of dangerous dog orders issued 0 7Number of infringements issued 9 73Number of Restricted Dog Applications 0 41Number of Restricted Dog Permits Issues 2 10 DOGS IMPOUNDED BY SUBURB

Number YTD DOGS IMPOUNDED BY SUBURB

Number YTD

Aloomba 0 3 Manoora 1 11 Babinda 0 1 Manunda 6 29 Bayview Heights 0 9 Mooroobool 3 23 Bentley Park 1 8 Mt Sheridan 3 15 Bramston Beach 0 0 Palm Cove 3 9 Brinsmead 4 14 Parramatta Park 0 14 Bungalow 0 7 Portsmith 1 3 Cairns North 0 10 Redlynch 2 17 Clifton Beach 0 4 Smithfield 3 21 Earlville 3 23 Stratford 3 9 Edge Hill 1 8 Trinity Beach 2 20 Edmonton 1 46 Trinity Park 2 2 Freshwater 1 6 Westcourt 2 10 Goldsborough 1 2 White Rock 7 40 Gordonvale 7 27 Whitfield 0 7 Holloways Beach 2 7 Woree 7 17 Kamerunga 1 3 Yorkeys Knob 1 10 Kanimbla 1 1 Kewarra Beach 1 16 Machans Beach 1 16

Prospective Actions Animal Management Unit have recently purchased six cat traps in endeavour to address the increased number of feral cat complaints. Cats that are trapped are either domesticated stray or feral. The feral cats are immediately taken to the vet and euthanised. The domesticated cats are taken to Y.A.P.S. for holding for a period of three (3) days, like the canine species, if they are not claimed within three (3) days they are euthanised. If the Officer is unsure in differentiating the domestic stray to the feral, the vet’s decision is final.

111

The holding facilities at Y.A.P.S. are very hygienic in which the cats are housed. We do not have holding pens at McCoombe Street pound. Cats are either identified by a collar and tag or micro chipped. Investigations will be carried out as to the practicability of Council introducing an amendment to the Local Law to require that cat owners contain cats within the hours of sunset to sunrise.

112

ACTIVITY Local Laws Enforcement [CGM] Aim To ensure developments comply with Council’s Planning Approvals and related local laws. Level of Service Ensure that all sectors of the community abide by Council’s Local Laws, Planning Scheme and relevant legislation. Process and regulate applications for uses under Local Law 22 (Activity on Roads) and Local Law (Control of Advertising) and inspect for compliance with permit conditions. Process and regulate applications for Extractive Industry Permits and inspect for compliance with permit conditions. Officer Responsible: Manager Environmental Assessment


Convert the administrative support of the activity to the Authority system

June 2003

10%

Investigate the possibility of a coordinated licensing system for CBD properties and if achievable deliver for 2003/2004

June 2003

10%


Yes No Maintain existing service levels Achieve operating initiatives Action 100% of complaints within 48 hours of receipt Process 100% of applications under Local Laws within 14 days of lodgement

Action 100% of referrals from Environmental Assessment within 7 days of receipt

Achieve conversion to the Authority system by December 2003 Operating Budget Function YTD

Actual ($) YTD

Budget ($)

Var ($)

Var (%)

2585 Local Law Enforcement Revenue 121866 95165 26701 28 Expenditure 168709 190159 21450 11 Variance Report Budget is on target. Issues in Month Local Laws Officers have issued four hundred and seventy-three (473) Local Laws Notices.

113

Due to the climatic conditions, only twenty-six (26) Vermin Control Notices were issued with Council having to carry out work to remedy breaches of regulations in three (3) instances. Sixty-four (64) Notices were placed on vehicles suspected of being abandoned. Fourteen (14) of these vehicles required removal to Council’s Redden Street Dump and twenty-four (24) were removed to Council’s McCoombe Street Depot for possible future auction. Total revenue form the release and auction of vehicles for November was $1,435.00 New Complaints/Requests for Month Planning 26 Local Laws 193 Inspections Carried Out Development Approvals 35 Development Offences 0 Local Laws 169 Building Compliance 4 Illegal Camping 8 Vermin Control 26 Abandoned Vehicles 64 To the dump 14 To McCoombe St 24 Portable Advertisement Applications New/Renewals 15 Outdoor Dining Applications New 2 Renewals 10 Advertising Signs – General – Applications New 10 Reports to Council Advertising 2 Outdoor Dining 0 Legals Local Laws Notices issued 473 General Offence Infringement Notices 0 Show Cause Notices 6 Enforcement Notices 0 Miscellaneous Skids (incoming correspondence) for action 200

114

Projects Status Goods on Footpath – A CBD blitz was carried out regarding unapproved ‘goods on footpath’ along with unapproved ‘portable advertisements – sandwich boards’ with eleven (11) notices issued to remove sandwich boards and several notices issued regarding unapproved ‘goods on footpath’. Outdoor Dining – 88.3% of outdoor dining renewal fees have been paid since invoices were issued on 17 July 2002 for the period 2002/2003. A record total of 105 premises have approval for outdoor dining. Portable Advertisements – 369 Renewals were issued for the period 1 January 2003 to 31 December 2003. Unlawful Sale of Vehicles on Roadsides – Following a media release mid-month in conjunction with the continuing patrols by Local Laws Officers targeting the unlawful sale of vehicles on the roadside, it would appear numbers of such are decreasing. Prospective Actions Continue monitoring all complaints. Forthcoming program Detection of Accumulation of Vegetation – creating a shelter or attraction for Vermin within the Cairns City Area.

115

ACTIVITY Community Development [CI] Outcome Statement To ensure that the community’s skills are enhanced together with the delivery of Council’s services to the standard commensurate with a City of Cairns’ size and status. ACTIVITY Community & Cultural Development [CIA] Aim To assist in building a positive community by successfully implementing initiatives that develop resources and capacities that promote a safe, cohesive and inclusive community, in addition to facilitating the delivery of a wide range of Council services. Level of Service Respond to customer and community enquiries a month through various mediums which include referral, advice, consultation and advocacy. Develop information and educational resources, which include forums, workshops, newsletters, service directories and pamphlets per year. Assist the community to implement projects that engage local communities including activities that promote individual, family and community well being. All customer enquiries responded to within 48 hours. Officer Responsible: Manager Community Development.

On Target Operating Initiatives Due Date Complete Yes No

Develop a community safety and wellbeing plan which focuses on crime prevention and the emotional and physical safety of residents and visitors

Feb 2003

40%

Facilitate a strategy in the Western Suburbs to bring services together to provide a collaborative service delivery that addresses issues of crime, safety, health, and education.

Feb 2003

70%

Assist the community renewal project to develop a transition strategy to ensure sustainability of services in West Cairns.

June 2003

50%


Yes No To work in partnership with community, government and non-government agencies to develop action plans for 3 key initiatives with measurable outcomes.

Develop and facilitate 5 forums or workshops that respond to community needs.

116


Actual ($) YTD

Budget ($)

Var ($)

Var (%)

Community & Cultural Development

Revenue 301,218 137,860 163,359 118

Expenditure 419,557 484,353 64,797 13 Variance Report Revenue much higher than expected due to rollovers and pre paid grants. Issues in Month • Attended Volatile Substance Misuse Workshop, hosted by Queensland Police, in

conjunction with the Safety Officer. • Assisted in the promotion and event management of Ship for World Youth Docking in

Cairns. • Organised Young Leaders delegates sponsorship. • There has been an increase in the amount of graffiti vandalism reported across Cairns.

Have submitted a Partnership Request form with Graft’n’Arts in order to combat the graffiti, and work on some graffiti prevention strategies (such as aerosol art programs). As Graft’n’Arts is extremely busy, the Community Safety Officer is partner-shipping with the Arts & Cultural Officer and the Youth Development Officer to develop strategies to address this issue.

• The Photography Preservation Workshop was organised by the Museums Officer,

together with the Queensland State Library. This took place in four different locations (Cairns, Yarrabah, Malanda and Mourilyan) and attracted 65 people.

• Museum Development Officer travelled to Brisbane to attend the Queensland Heritage

Trails Network, and the annual meeting of the Outreach Museum Officers at the Queensland Museum. During the visit to Brisbane, a survey of training needs for Far North Queensland Museums for 2003 – 2005 was conducted.

• Museum Development Officer responded to 117 queries in November. • Partners for Better Future – Our Lady Help of Christians (OLHOC) Primary School is

currently offering a number of scholarship and bursaries to the Mooroobool Precinct (Housing Estate) students for 2003 in year 1 – 7. This is a joint initiative between the School Principal, ASPA Committee and Cairns City Council Neighbourhood Liaison Officer.

• Safer Streets – operation clean up in partnership with the Cairns City Council Local Laws

Officers, to remove any unregistered or out of order car parked at the road kerb, to avoid accidents, give clear vision for car drivers driving through the area and environmentally safe.

117

• Safer Community – the Cairns City Council Neighbourhood Liaison Officer in partnership with the Cairns City Council Safety Officer, get together once a week to inspect the Mooroobool area, and identified potential safety hazard spots used daily by the public, trouble spots, to find solutions in order to prevent accidents. A photo was taken during the safety inspection – fire hazard spot.

• Rejuvenation of Mooroobool Community Centre and surroundings – “Work for the Dole”

program in partnership with the Mooroobol Community Centre Association Inc. Northern Training and Development, Mission Australia and Cairns City Council. The program will run from November 2002 until April 2003.

• Community Service – Under the supervision of the Neighbourhood Liaison Officer, 245

hours has been performed this month by the Community Service Orders from Queensland Correction, in Mooroobool Precinct, in a variety of duties, from fence repairs, parks and reserves maintenance, information flyers delivering, etc. representing direct savings of $3,675 dollars to Cairns City Council Parks and Maintenance.

Prospective Actions N/A

118

ACTIVITY Graft’n’Arts [CIC] Aim To successfully develop and implement a wide range of arts/cultural activities and programs that cater to the current and future diverse needs of the Cairns and Far North communities. Level of Service Provide Arts and Cultural services that cater to diverse socio-economic needs for Cairns Community. Approx 20,000 young people and 12,000 adults attend activities facilitated by Graft’n’Arts each year. Approx 30% of budget is externally sourced. Officer Responsible: Manager Community Development.


To provide and further develop a range of diverse Arts and Cultural Programmes for young people and Communities in the Cairns region.

Ongoing 45%

To sustain and further develop Government and Industry partnerships that increase service capacity.

Ongoing 45%

The overall co-ordination, development and implementation of Little day Out.

Sept 2002

100%

Facilitation of MusiCairnS development process, planning & co-ordination for Festival MusiCairnS.

Sept 2002

100%

Assist in the development and implementation of Inaugural “Festival Cairns”.

Sept 2002

100%

Continue and further develop the International Exchange Programme of Hamamas Week PNG.

Oct 2002

100%

Co-ordinate and implement TUTE Youth Music Industry Programme.

Dec 2002

100%

Regional Cultural Exchange Camp. April 2003

100%

Continue and further develop Hilton/Graft’n’Arts Community Exhibitions

Aug 2002 Jan

2003 April 2003

50%

Assist in the Develop of Cape York Performing Arts Troupe with Apunipima Cape York Health Council.

Ongoing 45%


Yes No Number of, and types of arts and cultural programs implemented. Number and diversity of attendants in programs. Statistical evidence of increase in service capacity. Number and diversity of partnership with Government bodies.

119


Actual ($) YTD

Budget ($)

Var ($)

Var (%)

Graft’n’Arts (2680) Revenue 100,037 161,003 (60,966) (38) Expenditure 336,357 339,663 3,306 1 Variance Report Anticipated grants and income have yet to be received. Issues in Month • Five weekly workshops were implemented. Art forms included were visual arts, hip hop,

DJ, contemporary dance, video film/editing production, circus, physical theatre, locations including TAS and Gordonvale.

• TUTE workshops continued with DJ and Hip Hop and Breakdancing. • Ongoing weekly community workshops. These include Capoerira, Circus Jam and

Samba dance classes. Attendance = 290 Special Events/Partnerships • TAS Art Cultural Festival held on the 1 November. Students utilised skills learnt in

previous workshops to perform and exhibit to the general public. • Negotiations are under way for partnership with Smithfield High School to further develop

Art and Cultural activities in the northern beaches area. • Plans are being prepared for the Gordonvale School Holiday programme in conjunction

with “Steps Ahead” Youth Programme. This could culminate into proposed activities for Australia Day that Graft’n’Arts will be assisting in.

• After many weeks of workshops in Djing and Breakdancing, City Place came alive on 19

November. Young people from Cairns, Mossman and Innisfail entertained a very appreciative crowd of approximately 100 – 150 people.

• The last community exhibition of the year “Mi pela Wantok” was launched on the 27

November. Viewing will take place until March 2003. • The annual closure of Graft’n’Arts to the public commenced on 2 December and will re-

open with the School Holiday Programme on the 6 January 2003. • Officers are conducting maintenance work and planning.

120

ACTIVITY Community Housing & Facilities [CIE] Aim To support the provision of low cost housing services and community facilities in Cairns. Level of Service 38 properties are managed by Council. On average 95% of properties are tenanted. Officer Responsible: Manager Community Development

On Target Operating Initiatives Due Date

Complete Yes No

Complete negotiations between Council and Housing Queensland to enable existing community management bodies and the Housing Division to enter into management agreements.

Feb 2003

90%

Work collaboratively with Community Housing Qld to identify and establish community management bodies for Council managed properties.

Feb 2003

80%

On Target Performance Targets

Yes No Maintain viable tenancy levels for Pease, Charles and Grove St properties while they are managed by Council.

Outsource aged housing to Community Housing Queensland. 95% of housing vacancies are tenanted within 2 weeks. Operating Budget Function YTD

Actual ($) YTD

Budget ($)

Var ($)

Var (%)

Community Housing Revenue 35,163 33,750 1,433 4 Expenditure 27,139 33,995 6,856 20 Variance Report No significant variances. Issues in Month • Community Housing Queensland has employed a Housing Project Officer to facilitate the

process of the handover. The officer will oversee the implementation of management agreements, negotiation with committees, the establishment of additional management bodies, building inspections and valuations. A series of meetings took place on the 2, 3 and 4 December between Council, Community Housing and existing management committees as well as some residents to discuss any proposed changes and expectations of all parties.

Prospective Actions N/A

121

ACTIVITY Hambledon House [CIG] Aim To provide support services to the families, individual groups, communities, other services and networks in Cairns Southern Suburbs. Level of Service Hambledon House Information Services are available 5 days per week over 27.5 hours. Support and counselling is provided to 19 families per month. Information and feedback is provided to 30 community members per month. Provide 134 hours of community use of hire facilities per month. Officer Responsible: Manager Community Development.

On Target Operating Initiatives Due Date

Complete Yes No

Family Support Worker and Community Support Co-ordinator to facilitate a forum for service providers to identify the life skill needs of isolated families in the Southern Suburbs.

Oct 2002

100%

Community Support Co-ordinator and Family Support Worker to identify needs and priorities of Multicultural groups in the Southern Suburbs. Note: Collaboration with Migrant Settlement Services, the LAMP project and associated Multicultural Reference Group (Cairns City Council) has commenced. Current representation from Community Support Co-ordinator on Working Party for Multiculture Forum 2003, co-ordinated through Migrant Settlement Services. It is envisaged that collaboration with these two agencies will provide enhanced links for the gathering of information toward identification of the needs and priorities of Multicultural Groups in the Southern Suburbs. Therefore a revised completion date of March 2003 would be more appropriate. This date will coincide with Multiculture 2003.

Dec 2002

25%

Family Support Worker and Community Support Co-ordinator to facilitate a youth component for Community Centres Week.

May 2003

25%

Community Support Co-ordinator and Family Support Worker to develop a plan toward increased opportunities for participation in community life for Multicultural groups in the Southern Suburbs.

March 2003

25%

122

On Target Performance Targets

Yes No Provide 100 individuals/groups with information and assistance by the Community Support Co-ordinator per annum

Respond to community enquiries facilitated by Community Support Co-ordinator within 24-48 hours

Provide support and counselling by the Family Support worker to 35 families per quarter.

Provide 30 home visits by the Family Support Worker per quarter. Operating Budget Function YTD

Actual ($) YTD

Budget ($)

Var ($)

Var (%)

Hambledon House (2640) Revenue 65,254 32,803 32,451 99 Expenditure 59,800 60,939 1,139 2 Variance Report Grant from Dept of Families was received earlier than expected. Issues in Month • Tenancy Advice Service commenced outreach service at the centre on 19 November, will

be available for enquiries at Hambledon House Community centre each second Tuesday. • Choice Community Education, Anti-Graffiti, Work for the Dole Program for the Southern

Suburbs operations continue from Hambledon House Community Centre. • Safety audit conducted 20 November 2002.

Hambledon House (Month)

No. of hours of community access to community meeting rooms 247 hours No. of different groups accessing 24 groups No. of new groups 3 new groups No. of appointments provided by Community Support Coordinator to Groups and Individuals

7 groups 7 individuals

No. of new referrals received by Family Support Worker 4 No. of counselling appointments by Family Support Worker to Families Hours

24 families 48 hours

No. of Community members accessing reception 29 Prospective Actions • Christmas Closedown: The centre will be closed from 4.00pm on 20 December 2002 until

5 January 2003 (inclusive). The centre will re-open at 9.30am on Monday, 6 January 2003.

• Funding submission for Babinda and District Memorial Hall upgrade to be lodged.

Consultation with key stakeholders in progress. • Submission for In-kind Assistance for above project to be lodged with Cairns City Council. • Initiatives as detailed in Hambledon House Community Centre Operational Plan and

Branch Action Plan.

123

ACTIVITY Library Services [CII]

Aim To enrich the community through the provision of access to information and resources, regardless of format, that promotes and supports leisure, cultural opportunities and lifelong learning. Level of Service Sixty-eight % of the Cairns community utilise the Library Service, which is provided at 8 branch locations, opening a total of 333.5 hours per week. Provide 50 hours per week of professional reference service for the Cairns Community. Inter-branch loans are dispatched within 48 hours of receipt of request. Fully utilise the estimated Public Library Grant of $530,000 by allocating five FTE staff to catalogue and process Library materials. Provide 102.25 hours per week of Council Customer Service Centre functions at three (3) branches. Officer Responsible: Manager Community Development.


Actively identify, develop and promote the Library Service’s many diverse services and facilities.

June 2003

20%

Provide an accurate, reliable catalogue utilising professional excellence in service delivery.

June 2003

15%

Provide efficient, timely library lending services at the 8 libraries across the city.

June 2003

10%

To examine and revise current procedures and customer service standards of the Library Service.

Dec 2003

15%

To make recommendations to Council on library branch opening hours incorporating any possible cost efficiencies.

Dec 2003

100%

Evaluation of the Council Customer Service Centre functions at Smithfield, Gordonvale and Babinda will be completed, and recommendations made to Council on how to sustain the service.

June 2003

25%

Implement the recommendations of the Library Review as adopted by Council.

June 2003

10%


Yes No Increase lending services to clients by 5%. Provide a higher profile within the community for libraries, target at 4% increase in library membership.

Provide a more efficient service delivery (Members/Issues/Hours Open/Vol Hours/Staff Hours.

124


Actual ($) YTD

Budget ($)Var ($)

Var (%)

Library Services Revenue 37,582 166,138 (128,735) (77) Expenditure 1,266,062 1,295,558 29,495 2 Variance Report State Library Grant has been approved but not yet received. Issues in Month Libraries Babinda City Ed’ton G’vale Manunda S’field Strat Woree TOTAL Loans & Extensions

2,398 30,958 5,802 6,458 8,301 20,295 3,867 9,639 87,718

Active Borrowers

549 17,739 1,579 1,320 2,278 4,964 804 1,982 31,215

Door Count 2,798 48,313 6,772 8,300 7,286 18,315 4,350 8,249 104,383

New Members

12 348 59 29 44 102 22 49 665

Members Deleted

_ 16 1 1 2 5 _ 2 27

Library Members

837 32,277 2,731 2,057 4,030 8,162 1,285 3,302 54,681

• During the full month of November, 26 library staff were involved in mapping current

business processes related to the implementation of the new Library Management system. This activity had a major impact on the number of events and issues completed through the month.

• Workplace Health and Safety inspections were conducted at Stratford, Manunda, Woree

and Edmonton libraries. • Three Storytime events were conducted at Woree Library, entertaining a total of 100

children and parents. • The staff presented a new initiative for introducing new members to the Library Service

and suggested that anew brochure be printed in two other languages, and is currently being defined and developed.

• A junior shelver was transferred from Gordonvale to Edmonton to assist with workload. • As a result of rust appearing in the newly constructed bike racks at the City Library, they

were removed and replaced with new ones. • Recommendations for new library operating hours were completed and presented to

Council on 14 November 2002, the adoption of which was deferred until 5 December 2002, pending community comment. Submissions from the community were sought with a closing date of 29 November 2002. An information kit, including the report was circulated in libraries and Council CSO’s.

• Talks continued with the Stockland group regarding a possible library location in line with

the Strategic Library Review, details will be tabled in January 2003. • Position Descriptions have been reviewed, finalised and weighted.

125

Prospective Actions • The 6-month budget review will be completed. • Capital works submissions will be completed.

126

ACTIVITY Strategic Planning [AKC] Aim To ensure that community desires, Council’s objectives and legislative requirements are reflected in strategic plans, the planning scheme and in liaison with Governments and Agencies. Level of Service The identification and preparation of strategic plans to ensure sustainable and co-ordinated urban development. Strategic plans are prepared and adopted by Council in accordance with the Branch Action Plan. Maintain the Development Manual. Officer Responsible Manager Strategic Planning


TRANSPORT PROJECTS % Public Transport Study Contribution Jun 2003 85 Traffic Planning Matters Jun 2003 30 Mass Transit Corridor Reed Road – Catholic Diocese

Jun 2003 50

Mass Transit Corridor Reed Road – Daikyo Jun 2003 50 Beach Access Flood improvements Jun 2003 25 50 Km/h Implementation Planning Jun 2003 50 Footpaths and Bikeways Location and Condition Audit

Jun 2003 5

DRAINAGE PROJECTS Deadmans Gully Easement Compensation Jun 2003 10 CBD Weir Investigation/Approval/Design Jun 2003 15 Drainage Planning Matters Jun 2003 30 CBD South Road/Drainage concept design for flood immunity improvements.

Jun 2003 15

Sweet Creek/Delaney’s Creek (Palm Cove) DMP Jun 2003 0 Lake Placid/Caravonica etc Flood Mitigation Investigation

Jun 2003 5

O’Leary/Mackey Creek Review (CEC) Jun 2003 50 ENVIRONMENTAL PROJECTS Cattana Farm Monitoring Jun 2003 85 Central Swamp Management Plan Jun 2003 10 Redlynch Joint Facilities Jun 2003 0 Urban Stormwater Quality Management Plan Jun 2003 10 Holloway’s Beach annual sand sourcing top up Jun 2003 10 Regional Natural Resoures Strategy contribution Jun 2003 10 Sustainable Cairns Jun 2003 95 Holloways Beach Rockwall consultation and investigation

Jun 2003 80

127

LANDUSE PROJECTS Development Manual Upgrade Jun 2003 80 Integrated Disaster Planning Jun 2003 0 FNQ Implementation Officer (ROC) Jun 2003 100 CairnsPlan Consultancy Jun 2003 60 CairnsPlan Public Consultation and Implementation Jun 2003 30 CairnsPlan Printing/Design Jun 2003 30 Cairns Plan ICP Jun 2003 70 OTHER PROJECTS Library Reveiw consultation Jun 2003 100 Parks Review Stage 2 Jun 2003 100 Botanical Gardens and Cultural Precinct Study Jun 2003 0 Cairns Style Jun 2003 50 Cairns City Council Risk Management Strategy Jun 2003 10 To Provide Flood Search Advice as requested Jun 2003 55 Aerial Photography Jun 2003 100 NQAA Refurbishment of former TIMP Office Jun 2003 50 Cane Toad Mosaic Jun 2003 5


To maintain existing levels of service Achieve operating initiatives To complete projects on time and on budget To provide flood search advice in a timely manner to the best of Council’s knowledge

Operation Budget Function YTD

Actual ($) YTD

Budget ($)

Var ($)

Var (%)

Strategic Planning (5100) Revenue 21351 73744 -52394 -71 Expenditure 297902 530600 232698 44 Variance Report Variance is also due to projects not having reached the stages which allow for milestone payments, or called for the payment of consultants etc. Issues in Month Central Swamp MGMT A management plan is needed for the Cairns Central Swamp. The management plan will identify future capital works required and priority areas for revegetation works, public access, etc. Survey work has been completed and the creation of environmental reserves over much of the Cairns Central Swamp has been completed. Council is the trustee. The Terms of Reference is being finalised and input from DNRM will be sought and the consultancy will be commenced January 2003.

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Botanical Gardens Precinct Study A concept plan has been developed which includes all the priorities identified by the working group. A meeting to sign off on the concept plan is being arranged for the first week of December 2002. A detailed plan will then be developed and costed. All work currently being undertaken in-house. Cane Toad Mosaic Mulgrave Chamber of Commerce received a grant under the Cultural Tourism Incentive Program to design and construct a unique mosaic artwork that tells the story of how, where and when the Cane Toad was first released into Australia/ Gordonvale. CCC is overseeing the administration of the grant on behalf of State Government. Funding has been forwarded to the Mulgrave Chamber of Commerce for this project.

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ORDINARY MEETING

18 DECEMBER 2002

17 RECONFIGURATION OF A LOT – 1 LOT INTO 2 LOTS – 16-18 KNIGHT STREET, PORTSMITH Kym Watton: 8/13/552 : #568838 PROPOSAL: RECONFIGURATION OF A LOT- 1 LOT INTO 2

LOTS APPLICANT: ALLAN SIMPSON CAIRNS CITY COUNCIL PO BOX 359 CAIRNS QLD 4087 LOCATION: 16-18 KNIGHT STREET, PORTSMITH PROPERTY: LOT 7 ON RP 726585, PARISH OF CAIRNS ZONE: OPEN SPACE STRATEGIC PLAN: INDUSTRY DCP: DCP 2 – HEIGHT & IMPACT OF BUILDING

PRECINCT - 8 DCP 5 – PORTSMITH – GENERAL INDUSTRY DESIGNATION

REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 10 JANUARY 2003 DIVISION: 5 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council approve the application to reconfigure land described as Lot 7 on RP726585 Parish of Cairns, situated at 16-18 Knight Street, Portsmith into two lots subject to the following conditions. Assessment Manager Conditions 1. The applicant/owner must at all times during the development of the subject

land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

a. The approved plan, SP 154472 dated 2 October 2002;

b. The plans, specifications, facts and circumstances as set out in the

application submitted to Council; and

c. The provisions of Council’s Development Manual.

Except where modified by these conditions of approval and any consent or endorsement issued thereunder, and any consent or endorsement issued pursuant to these conditions of approval.

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Timing & Effect 2. The conditions of the development permit must be effected prior to the

signing and sealing of the survey plan, except where specified otherwise in these conditions of approval.

Water Supply And Sewerage Contributions 3. The applicant/owner must contribute in accordance with Council's policy

provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $2,712.41 (0.8EDC’s) for water and $2,202.89 (1.0EDC’s) for sewerage.

Payment is required prior to signing and endorsement of the survey plan.

Water Supply And Sewerage Works 4. The applicant/owner must carry out water supply and sewerage works to

connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer.

In particular, the allotment must be provided with a single internal sewer

connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005. Also any water and sewer connections not required shall be removed or capped to the satisfaction of the General Manager, Cairns Water.

Three (3) copies of a plan of the works must be submitted to and must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Operational Works. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the approval and dating of the plan of survey.

Filling within the Flood Plain : CBD And Environs Area (Zone 2) 5. The finished floor level of any new structures must be a minimum of

150mm above the Q100 flood immunity level of 3.3 metres AHD, in accordance with requirements of Council’s Development Manual and Planning Scheme.

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Lawful Point Of Discharge 6. The applicant/owner must ensure that the flow of all external stormwater

from the property is directed to a lawful point of discharge being Knight Street such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Park Contribution In Lieu Of Land 7. The applicant is to contribute $4925.82 for the additional lots towards the

provision of or upgrading of parks and reserves in accordance with the provisions of Council's planning scheme and Section 5.6 of the Local Government (Planning and Environment) Act 1990. The contribution must be paid prior to approval and dating the Plans of Survey.

ADVICE 1. Current requirements and estimates of development and headworks

contributions may change when elements of the Cairns City Council Infrastructure Charges Plan (ICP) are adopted.

2. At the time of submitting the survey plans for signing and dating, the

applicant is to submit digital cadastral information in an Autocad dwg, Dxf or MapInfo mid/mif format. Media format for acceptance of digital information is preferably CD or disk. The applicant is to supply the data in Australian Map Grid (AMG) AGD 85 Zone 55. Where this is unavailable, the files should contain the surrounding/adjacent existing parcels or bounds of the subject parcel to enable identification/location of the data.

3. This approval, granted under the provisions of the Integrated Planning Act

1997, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

4. For information relating to the Integrated Planning Act 1997 log on to

www.ipa.qld.gov.au . To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au .

EXECUTIVE SUMMARY: Council is in receipt of an application for Reconfiguring a Lot (1 lot into 2 lots) located at 16-18 Knight Street, Portsmith.

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The allotment is owned by Cairns City Council. Council at its Planning Development and Community Services Committee meeting on 14 May 2002 determined that the portion of 16-18 Knight Street, Portsmith not currently being utilised for recreation purposes be made available for public sale (#433721). TOWN PLANNING CONSIDERATIONS: Proposal An application has been made to reconfigure one lot into two allotments situated at 16-18 Knight Street, Smithfield and described as Lot 7 on RP726585. The applicant proposes to reconfigure the existing 1518m2 lot into two lots of approximately 755m2 (Lot 18) and 763m2 (Lot 16). The Cairns and District Woodworkers Guild currently lease this site and use a building that is located on one half of the property (proposed Lot 18.) Appendix 1 depicts the arrangement of the reconfiguration. Strategic Plan/DCP The Strategic Plan includes the site within the Industry preferred dominant land use. It is intended that the areas included within this designation should be used primarily for industrial purposes and the development of commercial and retail uses within these areas should be limited. The site is included within the Development Control Plan (DCP) 5 – Cairns Port and Major Industrial Area. Land within this designation has been identified as suitable for the development of the bulk of industrial uses. Land Zoning The subject site is included within the Open Space zone in the Planning Scheme for Part of the City of Cairns. The inconsistency in regards to the land zoning and the strategic plan zoning will be addressed in Cairns Plan where it is intended that the subject site will be included in the Industry Planning Area. The proposed reconfiguration is considered to comply with the intent of the land zoning and is recommended for approval.

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HEADWORKS / CONTRIBUTIONS: Element Comment Calculation ContributionWater Supply

District 10: $3390.51/EDC PROPOSED 2 Residential Lots – 2.0 EDC Less credit for: (existing) 1 Residential lot – 1.2 EDC Net Demand: 0.8 EDC

0.8EDC’s x $3390.51

$2,712.41

Sewerage District 10: $2208.89/EDC PROPOSED 2 Residential Lots – 2.0 EDC Less credit for: (existing) 1 Residential lot – 1.0 EDC Net Demand: 1.0 EDC

1.0EDC’s x $2208.89

$2208.89

Traffic No contributions applicable under the Cairns TMP

Not Applicable

Nil

Drainage No contributions applicable Not Applicable

Nil

Open Space

UCV of Lot 12 on RP903204: $98,000 Area of subject land : 0.1583 Ha Area of new lots : 0.0763 Ha

10% of 0.0763/0.1583 x $98,000

$4925.82

Kym Watton Planning Officer Action Officer N A L HUDDY Acting Manager – City Assessment

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APPENDIX 1

136

ORDINARY MEETING

18 DECEMBER 2002

18 COMBINED APPLICATION – RECONFIGURING 1 LOT INTO 61 LOTS AND TO FACILITATE DEVELOPMENT IN ACCORDANCE WITH PERMITTED LAND USES IN THE TABLE OF ZONES FOR THE RESIDENTIAL 2 ZONE - MOORE ROAD, KEWARRA BEACH Neil Beck : 8/30/25 : #567828 PROPOSAL: RECONFIGURING 1 LOT INTO 61 LOTS AND TO

FACILITATE DEVELOPMENT IN ACCORDANCE WITH PERMITTED LAND USES IN THE TABLE OF ZONES FOR THE RESIDENTIAL 2 ZONE AS CONTAINED WITHIN THE PLANNING SCHEME FOR THE BALANCE OF THE CITY OF CAIRNS

APPLICANT: UNITED PACIFIC PROPERTIES PTY LTD C/- GHD PO BOX 819 CAIRNS QLD 4870 LOCATION: MOORE ROAD, KEWARRA BEACH PROPERTY: LOT 15 ON RP896124, PARISH OF SMITHFIELD ZONE: SPECIAL FACILITIES STRATEGIC PLAN: URBAN DCP: DCP 2, CATEGORY B/C REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: 19 STATUTORY ASSESSMENT 30 DECEMBER, 2002 DEADLINE: DIVISION: 12 APPENDIX: 1. PROPOSAL PLAN

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LOCALITY PLAN

RECOMMENDATION: A. That Council approve the application to reconfigure land described as Lot 15

on RP896124, Parish of Smithfield located at Moore Road, Kewarra Beach into 61 residential allotments subject to the following conditions: - Assessment Manager Conditions

1. The applicant/owner must at all times during the development of the

subject land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with: a. The approved plans being Drawing No. 4211187-01 prepared by

GHD dated 17 July, 2002;

b. The plans, specifications, facts and circumstances as set out in the application submitted to Council; and

c. The provisions of Council’s Development Manual.

Except where modified by these conditions of approval and any consent or endorsement issued there under and any consent or endorsement issued pursuant to these conditions of approval.

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Timing of Effect

2. The conditions of the development permit must be effected prior to approval and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.

Subdivision Development 3. The subdivision development, including but not limited to, roads,

drainage, sewer, water supply, street lighting, and landscaping must be designed to the satisfaction of the Chief Executive Officer in accordance with current requirements of the Planning Scheme and Council’s Development Manual.

Water Supply And Sewerage Contributions 4. The applicant/owner must contribute in accordance with Council's

policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply headworks. The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $240,069.35(65.50EDC’s) for water and $153,323.77(60.00EDC’s) for sewer. Payment is required prior to approval and dating of the Plan of Survey.

Water Supply And Sewerage Works External 5. The applicant/owner must carry out water supply works and sewer

external to the development to connect the subject land to Council’s existing water supply and sewer headworks at a point determined by the Chief Executive Officer. In particular: a. each allotment must be provided with a single internal water

connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.

b. Proposed sewer pressure main located at rear of lots 1, 2 & 3 is

approved subject to all relevant approvals being granted from Department of Natural Resources and Mines to cross Moore’s Gully. An easement is to be created in the area of the proposed pressure main crossing, until such time as Stage 4 is created, then the sewer is to be incorporated into the proposed road reserve.

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Three (3) copies of a plan of the works must be submitted to and must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Operational Work.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the approval and dating of the plan of survey.

Drainage Reserves Over Creeks and Streams 6. The applicant/owner must arrange for the transfer (registration of a

drainage reserve) to Council over the sections of creek/gully as shown on approved plans. The drainage reserve shall be transferred (registered) in conjunction with the registration of the Plan of Survey.

General External Works 7. The applicant/owner must at its own cost undertake the following

works external to the subject land:

a. Provision of a concrete shared pedestrian foothpath/cycleway joining Panguna Street extension to Moore Road via the existing reservoir access track and in the vicinity of proposed Lot 13 or via an alternative route approved by the Chief Executive Officer.

The shared pedestrian footpath/cycleway must have a flood immunity of a 1 in 2 year ARI event. Such works must be undertaken in conjunction with the development of Stage 1 and completed prior to approval and dating the Plan of Survey for Stage 1.

Such work must be constructed in accordance with the Council’s standard drawings to the satisfaction of the Chief Executive Officer.

Road Reserve 8. The applicant/owner must dedicate a road reserve having a minimum

width of 15 metres from the Panguna Street extension to Moore Road across Moores Gully in the vicinity of proposed Lot 13 utilising part of the existing reservoir track at the time of approval and dating the Plan of Survey for Stage 1. The road reserve must contain the shared pedestrian/cycleway required by Condition 7 above.

Electricity and Telecommunications 9. The applicant/owner must provide written evidence of negotiations with

the electricity supply and telecommunications authorities that services will be provided to the development. Such evidence to be provided prior to the approval and dating of the Plan of Survey.

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Vegetation Clearing 10. Existing vegetation on the subject land must be retained in all areas

except those affected by the construction of roadworks and the installation of services. The extent of any clearing which is required to provide for roadworks or the installation of services or which is to be carried out on proposed lots must be consented to by the Chief Executive Officer before clearing commences in these areas.

Existing Creek And Drainage Systems 11. All existing creek systems and drainage areas must be left in their

current state including no channel alterations, no fill intrusion and no removal of vegetation unless consented to in writing by the Chief Executive Officer. The subservient gully/creek crossing required for the Panguna Street extension is to be provided with minimum disturbance to the riverine system, with the footprint of required works to be kept to a minimum.

The applicant/owner must obtain any necessary approvals from the Department of Natural Resources & Mines for carrying out works in a watercourse and the clearing of vegetation under the Vegetation Management Act.

Building Setback Plans 12. The applicant/owner must lodge formal building setback plans for

proposed Lots 40, 41 and 42 as indicated on Plan No. 4211187 - 02 Rev. O with Council prior to the approval and dating of the Plan of Survey for the respective allotments. The building setback plans must comply with the following requirements: a. No building setback shall be closer than 1.5 metres to a completed

sewer main; and b. No building envelope shall extend into an existing or proposed

easement.

The applicant/owner must also ensure that the endorsed building setback plans are made known to all prospective purchasers of these lots. Any variation to these building envelopes will require a change to the development approval.

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Soil and Water Management (General)

13. The Developer is responsible for any contingent design,

implementation and maintenance of soil and water management measures necessary to maintain compliance with Council’s Development Manual requirements and the Institution of Engineers Australia Guidelines for Soil Erosion and Sediment Control and the Environment Protection (Water) Policy during the construction period.

Landscape Plan 14. The applicant/owner must landscape the street footpaths in accordance

with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out operational work. In particular, the plan must show:

a. The retention of as many existing native trees as possible; b. Planting of the street footpaths with trees,

Existing native and significant vegetation must be retained and only be removed with the written consent of the Chief Executive Officer.

Landscaping Establishment 15. Areas to be landscaped must be established prior to the ‘on

maintenance inspection’ and must be maintained at all times until accepted ‘off-maintenance’ by Council, both to the satisfaction of the Chief Executive Officer.

Park Contribution In Lieu of Land Dedication 16. The applicant is to contribute $22,784.31 for the additional lots towards

the provision of or upgrading of parks and reserves in accordance with the provisions of Council's Planning Scheme and Section 5.6 of the Local Government (Planning and Environment) Act 1990.

The contribution must be paid prior to approval and dating of the Plan of Survey.

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Building In Hillslopes Areas

17. For building within the hillslopes areas, ie, on Lots No. Lots 8-12; 17-25;

27-45 on Drawing No. 4211187-01 Rev O, the exterior building colours and materials must be non-reflective and blend with the natural colours of the surrounding environment. Details of the proposed materials and colour scheme for the external walls, features and roof must be submitted at the time of lodgement of a development application for carrying out building work and endorsed by the Chief Executive Officer prior to the issue of a development permit for the carrying out of building work. The applicant/owner must also ensure that the above building exterior requirements are made known to all prospective purchasers.

18. Any earthworks and/or civil works in a Category B or C Area must

comply with the requirements of the Hillslopes Development Control Plan, including, but not limited to:-

a. No complex engineering solutions. b. No more than minor earthworks, including no large earth cuts or

fills. Cuts and/or fill batters must be limited to a maximum height of 1.5 metres. Cut/fill shall be limited such that finished surface levels are within 1.5 metres of the original natural surface. Successive cut/fill must be stepped with a minimum 2 metre wide horizontal step/berm between successive batters/retaining walls;

c. Retaining walls shall be limited to a maximum height of 1.5m

above natural ground level. d. All batters must be constructed on the subject lots and must not

be established on any park land, drainage reserve or road reserve area;

e. All batters must be revegetated with indigenous trees, shrubs and

ground cover species immediately following construction in accordance with a professionally prepared landscape plan to the satisfaction of the Chief Executive Officer.

Plan Of Drainage Works 19. The subject land must be drained to the satisfaction of the Chief

Executive Officer. In particular:

a. The drainage system from the development must incorporate a gross pollutant trap(s) or equivalent measure(s), meeting the following Council specifications for stormwater quality improvement devices (SQID), namely:

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i. All in-line and end-of line stormwater quality improvement

devices (SQID) shall be of a proprietary design and construction and shall carry manufacturer’s performance guarantees as to removal of foreign matter from stormwater and structural adequacy of the unit.

ii. SQIDs shall remove at least 95% of all foreign matter with a

minimum dimension of 3mm and shall be configured to prevent re-injection of captured contaminants. The SQID treat all first flush runoff, which shall be defined as that volume of water equivalent to the runoff from the 3 month ARI storm event. The location of SQIDs within the drainage system shall be planned to ensure that the first flush waters from all parts of the (developed) catchment are treated.

iii. The design of the SQID shall not compromise the hydraulic

performance of the overall drainage system.

b. All new allotments shall have immunity from flooding associated with an ARI 100 year rainfall event.

c. No filling is permitted within the proposed Q100 flooding limits of

the Moore’s Gully Street Layout and Design 20. The street layout and design must be revised, to the satisfaction of the

Chief Executive Officer, in order to:

a. Provide local area traffic management devices or other speed restrictive design to reduce street ‘leg length’, in accordance with Queensland Streets, to ensure the minor collector road through the development has a design speed environment of 50 km/hr.

b. Provide provision for collection of garbage at intersecting streets

of short “driveway” roadways to Stages 1 and 4 in accordance with Queensland Streets.

or c. Provide turning facility in accordance with Council’s Development

Manual.

B. 1. That Council place a rates note on proposed Lots 40, 41 and 42 in respect of hillslope issues as stated below:

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The proposed future dwelling, sheds and buildings are to be sited within the building setback plan, as detailed on plans held by Council. A copy of the building setback plan is available from Council.

2. That Council place a rates note on proposed Lots 8-12; 17-25; 27-45, in

respect of hillslope issues as stated below:

This allotment is contained within the definition of a Hillslopes Category B Area and therefore shall comply with the relevant Hillslopes Development Control Plan for all work, including building work completed on site.

3. The following notations will be placed on Council's future rates record

in respect of the proposed lot 1, 2 and 3 as stated below:

This lot is serviced by a sewer pump system which is privately owned and operated and must be maintained by the owner of the allotment.

C. That Council undertake an amendment to the Planning Scheme for the

Balance of the City of Cairns pursuant to Section 6.1.34 of the Integrated Planning Act to include land described as Lot 15 on RP896124, Parish of Smithfield located at Moore Road, Kewarra Beach in the Residential 1 zone.




1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

3. All building site managers must take all action necessary to ensure building

materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning is received and that the relevant emergency telephone contacts are provided to Council Officers, prior to the commencement of works.



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5. The Applicant must comply with all necessary requirements under the

Vegetation Management Act, as Lots 46-61 and Lots 1-3 are currently mapped as Remnant Endangered Regional Ecosystem by the Department of Natural Resources and Mines. Any change in zone from Special Facilities to another Zone or variation from the approved Plan of Development as a result of this application may require an IDAS application Form Part J to be submitted at the time of application for a Development Permit for Operational Works. Approval of these Lots may be at the discretion of the Department of Natural Resources and Mines.

6. It is the applicants responsibility under the Environment Protection and

Biodiversity Conservation Act 1999, to obtain approval from the Minister if ‘an action’ is likely to occur which may have a significant impact on a matter of national environmental significance, and no exemptions apply.

EXECUTIVE SUMMARY: Council is in receipt of an application seeking to reconfigure land described as Lot 15 on RP896124, Parish of Smithfield located at Moore Road, Kewarra Beach into 61 residential allotments. The applicant has requested Council to amend the Planning Scheme to include the subject land within the Residential 2 zone. The subject land is zoned Special Facilities (University Heights Plan of Development, drawing no. 4196-1 and 41962-2) and has a total site area of 13.26 hectares. Moores Gully transects the site with the main gully being parallel with Moore Road and an additional drainage line generally adjacent the southern boundary of the site. The applicant seeks to develop the land for residential purposes with access being obtained via Panguna Street for the residential development on the southern side of Moores Gully. Moore Road is proposed to provide access to the balance of the allotments. The proposal is in accordance with the provisions for the subdivision of Residential land in the Planning Scheme and approval of the application is recommended subject to conditions. TOWN PLANNING CONSIDERATIONS: Subject Site The subject land is zoned Special Facilities (University Heights Plan of Development, drawing no. 4196-1 and 41962-2) and has a total site area of 13.26 hectares. The site is currently vacant. The subject land is bounded by Moore Road to the north and adjoins vacant land to the south and west. Low density residential development adjoins the land to the east with Moores Gully and a subservient gully transecting the site generally in a west to east direction.

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Surrounding land uses consist of Residential to the north and east of the site and vacant land to the south and west. Proposal The applicant seeks a Development Permit to Reconfigure a Lot to create 61 residential allotments in four (4) stages. A copy of the proposal plan is attached as Appendix 1. The area and number of created lots for the total reconfiguration are as follows:- Number of Lots Area Stage 1 - 16 812m2 – 3241m2

Stage 2 - 16 864m2 – 1325m2 Stage 3 – 13 768m2 – 1590m2 Stage 4 – 16 755m2 – 1155m2 Total 61 The applicant proposes to undertake filling works within the secondary drainage line of Moores Gully in the vicinity of proposed lots 46 through to Lot 60. The applicant is proposing a 20 metre setback from the top of bank of the primary drainage line of Moores Gully. The applicant has proposed a 10 metre setback from the subservient gully which extends generally parallel to the southern boundary of the allotment. All drainage areas will be transferred to Council as Drainage Reserve at the time of registering the Plan/s of Survey. This issue is discussed further within the body of the report. Strategic Plan The subject land has a Preferred Dominant Land Use Designation of Urban and part Rural Constrained within the Strategic Plan for the Balance of the City of Cairns. The Urban designation component indicates that such land is suitable for urban purposes such as residential, commercial and industrial forms of development whilst the Rural Constrained designation refers to areas which are subject to high ecological and landscape values and / or slope or stability issues. Such land is generally contained within the Hillslopes DCP and is further discussed below. The subject land designated Urban is further defined within the Strategic Plan as being suitable for residential development through its inclusion in the Urban Residential Housing Strategy Diagram. The development of the subject site for residential purposes is in accordance with the intended expansion of Kewarra Beach. Furthermore, the submission demonstrates an ability to develop the subject land having regard to the environmental constraints of the subject land.

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Hillslopes Development Control Plan Approximately 1.5 hectares of the site is subject to the provisions of the Hillslopes Development Control Plan being that land within the south western and eastern portion of the site. A majority of the land is dedicated as open space and will be transferred to Council at a later stage. For proposed Lots 40, 41, and 42 the applicant was requested to nominate building envelopes measuring 15 metres x 15 metres outside of the areas with slopes greater than 1:3. A plan was provided and is contained at Appendix 2. Recommended conditions of approval requires the future rates records be notated in respect of those allotments to ensure buildings are contained within the nominated building envelopes and to ensure that future dwellings are constructed in accordance with the requirements of the Hillslopes DCP. The inclusion of these conditions is to achieve two main objectives which are:- a To protect the visual amenity of the hillslope areas and to provide Council with an

avenue to ensure that such areas be developed in a sensitive and sympathetic manner; and,

b. Provide Council with a high level of certainty that future dwellings located on these

allotments shall only be within the approved building envelopes ensuring visual screening from the Captain Cook Highway.

No other concerns are raised with the proposed development in light of the Hillslopes DCP. Intent of the Residential 1 Zone The intent of the Residential 1 zone is to provide for residential development predominantly in the form of single detached dwelling. The proposed reconfiguration is in accordance with the Residential 1 zone as all allotments are greater than the minimum requirement of 600m2. The applicant has sought approval to include the subject land within the Residential 2 as the subject land is a green field site, which may lend itself to further development opportunities through its inclusion within the Residential 2 zone. Given the layout of the proposed development is in accordance with the requirements of Residential 1 zoned land, it is considered appropriate that the land be placed in a zone commensurate with the development being proposed. In this instance, it is appropriate that the land be placed within the Residential 1 zone as opposed to the Residential 2 zone. Traffic & Accessibility Access to 45 residential allotments out of the proposed 61 is proposed via Panguna Street, which is an Access Street within Council’s local traffic hierarchy. Panguna Street has a road reserve width of 20 metres with a sealed carriageway width of 7 metres.

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Council’s Traffic Management Plans nominates a link road between Panguna Street and Moore Road. The proposed development does not provide for a connection road as the applicant is of the opinion that the link is not warranted primarily on the rationale of a cost-benefit analysis whereby the link will be at a significant cost to the developer through the construction of a culvert crossing (cost) which will provide little benefit to the community as it is expected that the link will carry little traffic in light of the current residential catchments and the existing road network (benefit). The applicant was requested to explore the opportunity to obtain access to the residential development from Moore Road as opposed to extending Panguna Street as a consequence of vegetation mapping undertaken by the Department of Natural Resources & Mines which classifies the lower portion of the site as ‘regional endangered ecosystem’. The investigation concluded that the extension of Panguna Street and the crossing of the subservient gully adjacent the southern boundary would result in less environmental impact due to an existing track being present than to construct a crossing over Moores Gully from Moore Road. The existing dirt track through the site is distinctive and quite substantial. The proposed extension of Panguna Street to access the residential development is considered appropriate having regard to the outcome of the investigation and the existing track being present. With regard to the link road connecting Panguna Street with Moore Road and the outcome of various discussion between Council Officers, it is considered appropriate that road reserve having a width of 15 metres be dedicated in the vicinity of proposed Lot 13 to cross Moores Gully to connect to Moore Road. It is not proposed to require the developer to construct the link at this point in time, however provides the opportunity for Council to construct the link in the future should it be necessary. Whilst the applicant is not required to construct the link road, the applicant is required to construct pedestrian and bicycle access across Moores Gully to Moore Road. It is anticipated that such a crossing will also be in the vicinity of proposed Lot 13. Traffic Generation With 134 lots being created by the proposed residential development, the generation of traffic facilitated by the development is estimated to be as follows:-

No. of Lots Vehicle Trips per Day per Lot

Total Vehicle Trips Peak Hourly Volume (10%)

45 – Panguna Street

8 Trips 360 36

15 – Moore Road 8 Trips 120 12

Panguna Street is constructed to a standard which can easily accommodate the increase in traffic movements associated with an additional 45 residential allotments; likewise with Moore Road & Discovery Drive.

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Park Contribution The area of developable land excluding drainage reserve and hillslope areas is 8.3 hectares requiring a land dedication of 0.83 hectares in accordance with the 10% requirement within the Planning Scheme. The applicant is proposing to dedicate 2.86 hectares of land consisting of the 1.3 hectares of hillslope area located in the south western portion of the allotment and 1.56 hectares being that land above Q5 flood level within the drainage reserve. A plan illustrating the extent of land dedication is contained at Appendix 3. The Planning Scheme states that whereby land with limited parkland utility is proposed to be dedicated, Council may accept the land as parkland if there is a benefit in doing so, however such land cannot represent a greater amount than 30% of the total area to be contributed. There is a definite community benefit in acquiring both Moores Gully and the subservient gully in addition to the hillslope areas in the south western and eastern portion of the allotment. The applicant is therefore required to make a monetary contribution for the 7% shortfall which will be utilised in accordance with the intent of the Northern Beaches Local Area Open Space Management Plan which envisages a Local Park having an area of 1 hectare opposite the subject land on Moore Road. Drainage Reserves As previously outlined in the description of the proposal, the applicant seeks to undertake filling works within the secondary drainage line of Moores Gully in the vicinity of proposed lots 46 – 50 and 58 – 60 as such land is below the existing Q100 flood level. Within the application, the applicant has stated that these particular areas of Moores Gully have been subject to extractive operations creating the irregular drainage path, which characterises this section of Moores Gully. As a consequence, these areas are within the Q100 flood line and act as water detention mechanisms in high rainfall events. In support of the proposed filling, the applicant has undertaken hydraulic modelling for a length of 250 metres of the lower section of Moores Gully both before and after the proposed works. Results of the study have concluded that the Q100 flows of the subservient gully are contained within the channel, however minor overtopping of the banks of the main gully occurs. Generally, the modelling has confirmed minor fluctuations when comparing flooding of the pre-development scenario to that of the post-development scenario, which are acceptable. Various areas of the lower portion of the site and adjacent the eastern boundary are designated as regional endangered ecosystems by vegetation mapping undertaken by the Department of Natural Resources & Mines. The clearing of such areas is assessable development under the Vegetation Management Act at Operational Works stage, requiring approval from the DNR&M.

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As a consequence of the vegetation mapping, a recommended condition of approval does not permit the filling of the land below the secondary bank within the existing Q100 drainage reserve of Moores Gully unless otherwise approved by the DNR&M. Public Notification/Submissions The application was advertised in accordance with the notification requirements of the Integrated Planning Act and 15 submissions were received with four (4) submissions being a pro-forma letter and two (2) petitions containing 51 signatories in total. The principle grounds of the submissions are summarised together with officer comments. The proposed development will increase the traffic on Panguna Street to an unacceptable level, which will compromise the safety of residents when exiting existing driveways of various properties, which have poor sightlines and are concealed. The increase in traffic will reduce the residential amenity of Panguna Street. Panguna Street has a road reserve width of 20 metres and has a sealed carriageway of 7 metres. Currently 59 lots front Panguna Street, Arawa Street and Aropa Street generating approximately 480 vehicle trips per day on the network. The capacity of a single lane road in accordance with Council’s road hierarchy is 6000 vehicle trips per day in order to trigger the requirement for dual lanes. The proposed development creates an additional 45 residential allotments generating approximately 360 trips per day. As evidenced, Panguna Street is currently very lightly trafficked and will continue to be lightly trafficked once the additional allotments have been constructed. It is acknowledged and accepted that there are a small number of potentially hazardous exits from two private properties along Panguna Street between Arawa Street and Aropa Street. In order to alleviate the existing traffic safety issues in Panguna Street, Council’s Development Engineer recommends the placement of the following signs:- W5-26 Watch for entering traffic sign; and W8-2 20km/h Advisory sign In conjunction with appropriate line-marking and possibly traffic island channelisation in accordance with Queensland Streets and the Manual for Uniform Traffic Control Devices. City Works and Services will be forwarded correspondence requesting an investigation into this issue as a consequence of the residents’ concerns. The placement of the subject land within the Residential 2 zone allows for the construction of higher density residential development, which will double the amount of traffic in Panguna Street.

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In light of the above comments, the capacity of Panguna Street would be able to accommodate increased vehicle movements resulting from Residential 2 development, however as discussed within the report, the land will be placed within the Residential 1 zone as opposed to the Residential 2 zone having regard to the proposed layout of the development and the lot sizes. It is considered appropriate to place the land in a zone which is commensurate with the residential development being proposed. All traffic associated with the residential development should be directed to Moore Road instead of Panguna Street. If the proposed development goes ahead then all traffic should be directed to Arawa Street and not be permitted to extend down to Aropa Street. It is unreasonable to restrict the mobility of residents when the road network can accommodate the increase in vehicle movements. Furthermore, this alternative route was investigated which resulted in greater environmental disturbance through the crossing of Moores Gully. With regard to diverting traffic down Arawa Street, this would only be possible through the closure of Panguna Street past the intersection with Arawa Street, which is not an option as it unreasonably restricts mobility, interrupts connectivity, places undue loads on the single access to the Captain Cook Highway etc. The generation of additional traffic will result in external road works at an additional cost to local residents and ratepayers. The proposed development will not generate the requirement to undertake external road works to Panguna Street other than the implementation of signs and other minor treatments at hazardous locations, which could be carried out by Council at a moderate cost. Public notification of the development proposal should be repeated to allow for adequate community consultation and public input. The applicant advertised the development proposal in accordance with the requirements of the Integrated Planning Act and it would be unreasonable to require the applicant to repeat the process. The proposed development includes areas contained in Council’s Hillslopes Development Control Plan and therefore such areas should be protected from such development. The applicant was requested to provide additional information in relation to hillslope issues required by the Hillslopes DCP. The applicant submitted further plans demonstrating compliance with the objectives of the Hillslopes DCP. To ensure the intent of the Hillslopes DCP is achieved, future rates records of the relevant allotments will be notated in respect of building envelopes and construction materials and colours of future dwellings.

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HEADWORKS / CONTRIBUTIONS:

Element Comment

Calculation Contribution

Water Supply

District 4: $3,665.18/EDC 5 lots > 1,500m2 – 1.30 EDC 13 lots 1101 – 1500m2 –1.20 EDC 17 lots 1101 – 1500m2 –1.10 EDC 26 lot 401 – 901m2 – 1.00 EDC Less credit: 1 existing lot >1500m2 – 1.30 EDC Net Demand: 65.5 EDC’s

65.5 EDC’s x $3,665.18

$240,069.35

Sewerage District 2 : $3,435.00/EDC

5 lots > 1,500m2 – 1.0 EDC 13 lots 1101 – 1500m2 –1.0 EDC 17 lots 1101 – 1500m2 –1.0 EDC 26 lots 401 – 901m2 – 1.0 EDC Less credit: 1 lot >1500m2 – 1.30 EDC Net Demand: 60.0 EDC’s

60 EDC’s x $3,435.00

$153,323.77

Traffic No contributions applicable under the Cairns TMP (Paradise Palms)

Not Applicable

Nil

Drainage No policy applicable (outside the Deadman’s Gully catchment area)

Not Applicable

Nil

Open Space

UCV of Lot 15 on RP896192: $520,000 Area of subject land : 13.26 Ha Area of developable land : 8.3 Ha Shortfall required is 7% due to a credit of 3% as a consequence of land being dedicated with limited park utility in accordance with Part H of the Planning Scheme.

7% of 8.3/13.26 x $520,000

$22,784.31

Neil Beck Planning Officer Action Officer N A L Huddy Acting Manager, City Assessment

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APPENDIX 1

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APPENDIX 2

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APPENDIX 3

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ORDINARY MEETING

18 DECEMBER 2002

19 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – EXTENSION TO EXISTING HOSTEL (HIGH DENSITY) – 20-24 & 26 MCLEOD STREET, CAIRNS CITY Neil Beck: 8/8/406-01 : #568639 PROPOSAL: EXTENSION TO EXISTING HOSTEL – HIGH

DENSITY (MAX. 238 PERSONS) APPLICANT: YOUTH HOSTELS ASSOCIATION OF

QUEENSLAND c/- BRAZIER MOTTI P O BOX 1185 CAIRNS QLD 4870 LOCATION: 20-24 & 26 MCLEOD STREET, CAIRNS CITY,

PARISH OF CAIRNS PROPERTY: LOT 4 ON RP746123, LOT 1 ON 701331 ZONE: CENTRAL BUSINESS DISTRICT STRATEGIC PLAN: CENTRAL BUSINESS DISTRICT DCP: DCP 1 – RESIDENTIAL DENSITIES – 800 PPH DCP 2 – HEIGHT & IMPACT OF BUILDINGS –

PRECINCT 2 REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: ONE STATUTORY ASSESSMENT DEADLINE: 10 DECEMBER 2002 DIVISION: 6 APPENDIX: 1. PROPOSAL PLAN

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LOCALITY PLAN

RECOMMENDATION: A. That Council issue a Preliminary Approval in accordance with Section 3.1.6

of the Integrated Planning Act 1997 for a Material Change of Use for land situated at 20 – 24 McLeod Street and 26 McLeod Street, Cairns City, more particularly described as Lot 4 on RP746126 and Lot 1 on RP701331 subject to the following code:-

Table of Development

Self-Assessable Uses

Code Assessable Uses Impact Assessable Uses

Self Assessable uses outlined in the Planning Scheme for Part of the City of Cairns for the Central Business Zone.

Hostel - High Density (Maximum of 238 Persons) - generally in accordance with the approved plans being Drawing No. 4364.3S.004 – 4364.3S.010 by The TVS Partnership dated August, 2002 and 4364.1w.005 by the TVS Partnership dated November, 2002 unless amended by conditions of this approval or conditions of the Development Permit; Code Assessable uses as outlined in the Planning Scheme for the Part of the City of Cairns for the Central Business Zone

Impact Assessable uses outlined in the Planning Scheme for Part of the City of Cairns for the Central Business Zone.

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1. The applicant is to provide a landscape open space area in accordance

with the provisions of the Planning Scheme; or 2. The applicant is to provide a Landscape Open Space Area generally in

accordance with the approved plans. A contribution is to be paid for the shortfall in Landscaped Open Space in accordance with the (Draft) Cairns Inner City LAOSMP. The contribution must be paid at the rate applicable at the time payment is made. On the present method of calculation, the estimated total contribution is $18,561.00 (69 persons x $269.00) based on the provision of 862m2 of landscaped communal open space area. Payment is required prior to the issue of a Development Permit for Carrying out Building Works.

3. The applicant is to contribute in accordance with Council’s Policy

provided for as per section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.

The contributions must be paid at the rates applicable at the time of

payment. The amount of the payment and the timing of payment is to be in accordance with the requirements outlined in the Development Permit.

4. The applicant is to provide 11 car parking spaces on-site. A contribution must be made in lieu of 4 car parking spaces required.

The contribution shall be $18,300 (June 1999) per car parking space, to be adjusted to current day values according to the Road Input Construction Index.

The current rate of contribution is $18,400 per car parking space. Payment is required prior to issue of a Development Permit for Carrying Out Building Work. The Council has dispensed with the requirement for 6 on site parking spaces.

5. The proposed development is to comply with all of the provisions of the

Planning Scheme for Part of the City of Cairns except where varied by conditions of this Preliminary Approval.

B. That Council issue a Development Permit for a Material Change of Use (Code

Assessment) for the development of a Hostel - High Density (Maximum of 238 persons) on land described as Lot 4 on RP746126 and Lot 1 on RP701331, Parish of Cairns located at 20 – 24 McLeod Street and 26 McLeod Street, Cairns City subject to the following conditions:-

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Assessment Manager Conditions:- 1. The applicant/owner must at all times during the development of the

subject land carry out the development and construction of any building thereon and conduct the approved use generally in accordance with:-

a. the approved plans being Drawing No. 4364.3S.004 – 4364.3S.010

by The TVS Partnership dated August, 2002 and 2002 and 4364.1w.005 by the TVS Partnership dated November, 2002 and attached as Appendix 1;

b. the plans, specifications, facts and circumstances as set out in the


c. the provisions of Council’s Development Manual.

except where modified by these conditions of approval and any endorsement issued thereunder.

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

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

Water Saving

3. All new toilet devices in the development must be fitted with dual flush cisterns and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

Health

4. The applicant/owner must ensure that on completion of any on-site

construction works the subject land is maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer.

5. Staff facilities must be provided in accordance with the Workplace

Health and Safety Act and relevant Code(s) of Practice to the satisfaction of the Chief Executive Officer.

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

number of refuse bins required to service the site. This area is to comply with the Environment Protection (Interim Waste) Regulation 1996 and Council Policies and is to be designed and constructed to the satisfaction of the Chief Executive Officer.

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7. The proposed Hostel (High Density) must meet all requirements as set

out in Council’s Local Law No. 6 (Rental Accommodation) and Subordinate Local Law No. 8 (Rental Accommodation).

Noise

8. Noise from either air conditioning units, swimming pool filters, service

equipment or other mechanical equipment and other noise sources must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

Lighting 9. All night lighting must be designed and constructed to the satisfaction

of the Chief Executive Officer so as to ensure that light emitted from the subject land does not, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).

Water Supply and Sewerage Contributions 10. The applicant/owner must contribute in accordance with Council’s

policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.


payment for water supply and sewerage. On the present method of calculation, the estimated total headworks contributions are $63,063.57 (18.6 EDC’s) for water and $40,973.74 (18.6 EDC’s) for sewerage.

Payment is required prior to issue of a Development Permit for Building

Works.

Traffic Management Contributions

11. The applicant/owner must contribute towards Council’s traffic management / road upgrading program in accordance with Cairns City Precinct 1 Traffic Management Plan.

The contribution is that which is current at the time of payment. The

current rate of contribution is $11,688.73 (9.3 ERA’s).

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Payment must be made prior to issue of a Development Permit for

Building Works. Open Space Contribution 12. The applicant/owner must contribute towards the provision of Open

Space in accordance with the (Draft) Cairns Inner City LAOSMP and the Preliminary Approval.


payment. On the present method of calculation, the estimated total contribution is $18,561.00 (69 persons x $269.00) based on the provision of 862m2 of landscaped communal landscaped open space area.

Payment is required prior to issue of a Development Permit for Building

Works. Details of Development Signage 13. Details of any signage proposed in association with the development

must be in accordance with Local Law Policy No. 6 (Control of Advertising) and be submitted and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Carrying Out Building Work. In particular, the development must provide clear and legible signage incorporating the street numbers for the benefit of the motoring public.

Landscaping

14. The applicant/owner must landscape the McLeod Street frontage in

accordance with Development Manual, Part 4 – Landscaping, the (Draft) CBD Landscaping Master Plan and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Carrying Out Building Work.

Car Parking and Access Requirements 15. The applicant is to provide 11 car parking spaces on-site.

16. A contribution must be made in lieu of 4 on site parking spaces. The

contribution shall be $18,300 (June 1999) per car parking space, to be adjusted to current day values according to the Road Input Construction Index.

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The current rate of contribution is $18,400 per car parking space. Payment is required prior to issue of a Development Permit for Carrying Out Building Work.

17. The car parking layout must be designed in accordance with Australian

Standard AS2890.1 1993 Parking Facilities - off street car parking, except as varied with the consent of the Chief Executive Officer. In particular: i. manoeuvring space must be provided to enable all vehicles to

enter and exit the site in forward gear; ii. parking spaces adjacent columns and walls must have a minimum

unobstructed clear width of 2.8 metres unless determined otherwise by AS2890.1;

iii. parking bays at the end of the blind aisle require 1 metre extra width than the minimum required bay width; - or -

a turn-a-round facility is required at the end of the blind parking aisle;

iv. the main parking aisle (two-way) should have a minimum width of 5.5 metres;

v. at least one disabled parking bay; vi. circulation movements of the car parking spaces must provide for

the B99 design vehicle (parking) of AS2890.1-1993; vii. a minibus parking bay of 7 metres minimum length is required

either on-site or on-street.

Such amended plans must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Carrying Out Building Work.

All works are to be constructed in accordance with the Approved Plan(s), to the satisfaction of the Chief Executive Officer, prior to the issue of a Certificate of Classification for Building Work. In particular all car parking areas, driveways and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

On Street Works

18. The applicant/owner must at its own cost undertake the following

works external to the subject land: a. The existing on street parking shall be reconfigured and

appropriately line marked to provide: i. a minimum of 1 mini bus parking bay, adjacent to the

reception; ii. a minimum of 5 car parking spaces; and, iii. a minimum of 1 motor cycle parking bay.

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b. Provision of a concrete crossover(s) and apron(s) to the frontage 26 McLeod St;

c. Make good the footpath and kerb at the redundant crossover; d. Replace damaged sections of existing kerb and channel; Three (3) copies of a plan of the works must be submitted and endorsed

by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of the use.

Building Over/Adjacent Sewer

19. The applicant must relocate the existing sewer or site the proposed building such that the sewer is a minimum of 1.5 metres away from any building/structure.

The above sewer works must be designed and constructed in

accordance with Council's Development Manual and the building footings must be designed so as not to place any load on the sewer. The details of the building footings adjacent to the sewer must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Carrying Out Building Work.

Bicycle Storage

20. The applicant/owner must ensure the provision of a secured, on-site

bicycle storage area for residents, in accordance with the Guide to Traffic Engineering Practice Part 14 - Bicycles. This storage area shall be constructed prior to the commencement of the use.

Floor Levels (CBD and Environs) 21. All habitable floor levels in all new buildings must be located 150 mm

above the Q100 flood immunity level of 3.0 metres AHD, in accordance with Development Manual Guidelines and Planning Scheme requirements unless otherwise approved by the Chief Executive Officer. Council’s current records indicate existing ground levels ranging from 2.65 metres – 2.8 metres for the site.

Drainage 22. The applicant/owner must ensure that the flow of all external

stormwater from the property is directed to a lawful point of discharge being McLeod Street such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer

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Miscellaneous 23. The applicant must amalgamate Lot 4 on RP746126 and Lot 1 on

RP701331, Parish of Cairns to create one (1) allotment. The Plan of Survey must be registered with the Department of Natural Resources and Mines at the applicant’s/owner cost prior to the commencement of the use.

24. The applicant/owner must ensure that the development and use of the

premises is conducted in accordance with the principles of the document entitled “Community Safety – Crime Prevention Through Environmental Design” to the requirements and satisfaction of the Chief Executive Officer.

ADVICE

1. Current requirements and estimates of development and headworks contributions may change when elements of the Cairns City Council Infrastructure Charges Plan (ICP) are adopted.

2. This approval, granted under the provisions of the Integrated Planning

Act 1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

3. Suitable access and facilities to cater for disabled persons should be

provided within the approved development to ensure the development does not conflict with the provisions of the Disability Discrimination Act

4. All building site managers must take all action necessary to ensure

building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning is received and that the relevant emergency telephone contacts are provided to Council Officers prior to the commencement of works.

5. Signs on the subject land must conform with Council's Local Law No.

28 (Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer. All signage in respect of the approved development must obtain the necessary approvals pursuant to Local Law 28. Council’s City Assessment Branch has administrative responsibility for this matter.


www.ipa.qld.gov.au . To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au

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C. That Council dispense with six (6) car parking spaces in accordance with Section 4.3.3 of the Planning Scheme for Part of the City of Cairns, to facilitate the expansion of a Hostel - High Density (Max. 238 Persons) located at 20 – 24 McLeod Street and 26 McLeod Street, Cairns City.

D. That Council dispense with the requirement for a zero setback alignment

and awning at 26 McLeod Street in accordance with Section 4.7.2(i) of the Planning Scheme for Part of the City of Cairns.

E. That the Manager of Strategic Planning be requested to review, as part of the

preparation of CairnPlan – the car parking requirements for Hostels, with particular consideration being given to the findings of the Queensland Backpacker & Independent Traveller Industry Association (QBITIA).

EXECUTIVE SUMMARY: Council is in receipt of an application for a Material Change of Use – Impact Assessment for the extension to an existing Hostel (High Density) located at 20 – 26 McLeod Street, Cairns City. A report relating to the proposal was submitted to the Planning, Development & Community Services Committee meeting of 5 December, however the report was withdrawn at the applicant’s request, to enable further discussions to occur with officers, in relation to car parking. The discussions have occurred and the report is now submitted for Council’s consideration. The operators of the Hostel, Youth Hostels Association (YHA) wish to expand the existing facility to encompass the adjoining allotment being 26 McLeod Street. The proposed development does not comply with all of the performance standards and requirements contained within the Planning Scheme for Part of the City of Cairns namely landscaped open space, car parking and site density. It is recommended that Council issue a Preliminary Approval for the elements of the development which conflict with the Planning Scheme requirements (landscaping) in accordance with section 3.1.6 of the Integrated Planning Act 1997 where there are considered sufficient planning grounds to warrant approving the development. A monetary contribution is being sought in lieu of the shortfall of on-site communal landscaped open space and car parking spaces. The development is recommended for approval subject to reasonable and relevant conditions. TOWN PLANNING CONSIDERATIONS: Background In 1987 Council approved the existing YHA development which comprises of a 120 Bed Hostel, Manager’s Unit and Take Away. The site (1527m2) is located in an area with a maximum residential density of 800 persons/ha. The approved 120 beds represents the maximum allowed in the 800 persons/ha.

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At Council’s Meeting held on 4 May, 1999 a Special Temporary Development Approval was granted allowing the Hostel to have a maximum of 166 beds for guest accommodation representing a site density of 1101 persons per hectare. This temporary development approval has been kept current and is due to expire at the end of the year 2003 or at the introduction of the Cairns Plan whichever occurs first. Subject Site The subject application extends over two (2) allotments being 20 – 24 McLeod Street and 26 McLeod Street, Cairns City. 20 – 24 McLeod Street has a site area of 1527m2 and is currently improved by the two (2) storey Hostel (High Density) containing 166 bedrooms. The adjoining allotment being 26 McLeod Street, contains a 23 bedroom Guest House. The subject land has a combined site area of 2036m2 and is currently zoned Central Business within the Planning Scheme. The site has a combined road frontage of approximately 40 metres to McLeod Street. Proposal The proposal involves undertaking works on the existing allotment to better utilise existing space and to redevelop 26 McLeod Street with a three storey building to provide for an additional 19 bedrooms containing 70 beds and Managers Unit. The first and second levels provide the guest accommodation with the ground floor being dedicated to car parks in which 11 car parking spaces are proposed. The Manager’s Unit is being relocated from the existing premises to be contained in the new building. The existing car parking spaces located centrally within the courtyard area are being relocated and placed on the ground floor of the adjoining allotment. The relocation of the car parks enables the existing courtyard area to be redesigned to provide for a high standard of landscaped communal open space and recreational activities. The applicant seeks to formalise the approval of 166 beds currently permitted under the temporary approval arrangements in addition to redeveloping the adjoining allotment to provide for an additional 19 bedrooms containing 70 beds and a 2 bedroom Managers Unit. The proposed total number of beds to be contained within the Hostel (High Density) for guest accommodation is 236 beds, that is a population density of 1168 persons per hectare. Strategic Plan/DCP The subject land is designated Central Business within the Strategic Plan for Part of the City of Cairns. It is intended that development within this designation will promote the Central Business District of Cairns as the main shopping, business and administrative centre for the residents of Cairns whilst also providing for the consolidation of tourist accommodation, associated facilities and services within the Central Business District to promote the city centre as the regional centre for the wider Cairns region.

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The proposed development furthers the intent of the Central Business designation through encouraging tourist development and increased densities in locations that are characterised by high pedestrian accessibility to support facilities and other essential services. Land Zoning The site is included within the Central Business zone in the Planning Scheme. The intent of the Central Business zone is to accommodate a broad range of commerce, retail, tourism, accommodation and entertainment activities that are essential in ensuring the continuation and strengthening of the viability and functions of the Central City in its role as the Regional Centre for Far North Queensland. The development of accommodation for both tourists and permanent residents is encouraged. The surrounding land uses are a mix of commerce, retail, tourism, accommodation and entertainment activities. Additionally, the subject site is in close proximity to the City Place and public transport, including taxi and bus services on Lake Street. Having regard to the above, the proposed development furthers the intent of the Central Business zone. Development Control Plan 1 – Residential Densities The subject land has a density designation of 800 persons per hectare within the DCP 1 - Residential Densities. With the subject land having an area of approximately 2036m2, the site has the ability to accommodate 162 persons without exceeding the density designation of DCP 1 – Residential Densities. The proposed development seeks to accommodate 238 persons inclusive of the Managers Unit in the form of a Hostel (High Density) representing a site density of 1168 persons per hectare. The proposed development does not comply with the prescribed density designation of DCP 1 – Residential Densities. However, an ability exists under the IPA to approve development which is in conflict with a DCP provided sufficient grounds exists to approve the development despite the conflict. See further comments on this issue under the heading of site density below. Impact of Proposal The proposed development has been assessed against the performance standards and provisions contained within the Planning Scheme and tabulated below:-

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Planning Scheme Requirement Proposed Development Comments Minimum site area of 1,500 m2 2036 m2 Complies Minimum road reserve width of 20 metres

In excess of 20 metres Complies

Minimum road frontage of 20 metres

McLeod Street frontage – 40 metres

Complies

Car parking requirements: Hostel (High Density) – 1

space per 10 beds plus a bus parking bay

24 car parking spaces & 1 bus parking bay required

11 car parking spaces (no bus parking space)

Refer to Discussion

Maximum site coverage for up to 11 levels: 100%

52.4% Complies

Plot ratio shall not exceed 4:1 1:1 Complies Zero boundary setbacks (new buildings only)

6 metre setback from front boundary

Refer to Discussion

Communal landscaped open space (5m2 per bed + 30m2 for 2 bedroom Managers Unit): 1210m2 required (with 484m2 in one area)

Ground Floor level - 777m2

First Floor level - 85 m2

Total – 862m2

Refer to Discussion

Site Density 800 persons per hectare maximum 162 persons for the site

1168 persons per hectare 238 persons for the site

Refer to Discussion

Car Parking The existing Hostel (High Density) provides 12 car parking spaces located in the central courtyard area of the allotment. The redevelopment of the adjoining site in association with works to be undertaken within the central courtyard area results in the nett loss of one (1) on-site car parking space with 11 spaces being provided on the ground floor of the adjoining building. The proposed expansion generates the requirement to provide 24 on-site car parking spaces and 1 bus parking space. The applicant has advised that the existing car parking spaces contained on-site were being under utilised and that space would be better utilised to improve in-house recreational areas. In addition, the applicant is of the opinion that car parking rates for Hostels within the City are too excessive when compared to other operating Hostels in Queensland. To support this position, a report prepared by the Queensland Backpacker & Independent Traveller Industry Association (QBITIA) formed part of the supporting information concluding that the provision of 1 space per 10 beds was excessive having regard to the characteristics of backpackers which include low vehicle ownership and high occupancy rate of vehicles, i.e. car pooling. QBITIA recommends between a minimum of 1 space per 15 beds (16 spaces) and a bus bay to a maximum of 1 space per 18 beds (14 spaces) plus a bus bay.

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At the meeting of 9 December, 2002, the applicant also submitted a car parking survey of vehicles within the existing hostel from 20 August to 8 December 2002. The survey was taken 3 times a day around 10am, 2pm and 6pm. The survey shows that the maximum number of vehicles on the site at any one time was 8 (with the hostel at 94% occupancy) with the average number of vehicles being between 4 and 5 with an average occupancy of 85%. In further support of the relaxation is the fact that the on street parking situation will improve as a result of the development, in that three spaces will be created as a result of the removal of the existing crossover (to create the recreation area). It is also noted that there are currently 11 on street motor cycle parking spaces in front of the hostel. The motor cycle spaces appear to have been provided because the crossover configuration did not facilitate vehicle parking spaces. Planning officers do not generally support extensive relaxations of parking provisions for applications of this type. Officers are particularly concerned about being consistent in the scale of relaxations recommended. In this instance, having regard to: a. the findings of the report prepared by QBITIA; b. the 5 month car parking survey; c. proximity of the site to the Railway Station within Cairns Central; and, d. the fact that the site is within walking distance from the Lake Street Transit Mall. Officers are satisfied that there are significant factors to support a relaxation of 6 on site spaces and the requirement for a monetary contribution for 4 spaces. This is summarised as follows:

Required 24 on site spaces + bus parking bay Provided 11 on site spaces Additional on street car parking

3 car parking spaces 1 bus parking bay

Dispensed 6 spaces Contribution 4 spaces TOTAL 24 car parking spaces + bus parking bay

Building Setback The Planning Scheme requires that development within the Central Business zone be built to the front boundary with an awning provided over the footpath unless otherwise approved by Council. As part of the redevelopment of the site, the applicant proposes to erect an awning for the full 30 metre street frontage of the existing premises being 20 – 24 McLeod Street. The new building at 26 McLeod Street is proposed to be setback 6 metres from the frontage in order to house a refuse container, which will be substantially screened when viewed from McLeod Street. The street frontage of this allotment is 10 metres. The applicant has advised that an awning could be provided, however it will need to be a free standing awning with ample clearance in order to provide access for the refuse vehicle.

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It is recommended that Council dispense with the provision of an awning for the 10 metre frontage as a high free standing awning will be to the detriment of this section of the streetscape and no connectivity is available to the north due to the presence of a driveway. Recommendation D provides for the dispensation. Communal Landscaped Open Space The proposed development as submitted to Council in association with supporting documentation suggests that the proposed development contains approximately 862m2 communal landscaped open space and recreational area which consists of the following:- Ground Floor Courtyard area located centrally within

the existing premises inclusive of building setback areas 777m2

Second Floor Recreational lounge / games area of existing premises and proposed building 85m2

Total = 862m2

The proposed development provides 862m2 out of the required 1210m2 of communal landscaped open space, being 71.2% of the required amount. When considering the quality of landscaped open space being proposed, the location of the subject site in the CBD and within walking distance of the Esplanade and inner city park land, the short fall of communal landscaped open space is considered acceptable, provided the applicant makes a monetary contribution towards the provision of open space. It is recommended that such a contribution be in accordance with a Report to Council, ‘Guidelines for contributions towards the short fall of landscaping in the Inner City’, adopted by Council on 28 June, 2001 and the Draft Cairns Inner City Local Area Open Space Management Plan. In this regard, it is recommended that Council issue a Preliminary Approval for the elements of the development which conflict with the Planning Scheme requirements (landscaping) in accordance with section 3.1.6 of the Integrated Planning Act 1997 where there are considered sufficient planning grounds to warrant approving the development despite the conflict. The following table outlines the rationale for determining the required contribution.

Comment Calculation Area of landscaped open space required 1210 m2 Area of landscaped open space provided 862 m2 Maximum number of persons on-site 238 persons Area of landscaped open space required per person

1210 m2/238 persons = 5.08m2 / person

Number of persons for which landscaped open space is provided

862 m2/5.08 = 169 persons

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Shortfall in required landscaping 238 – 169 = 69 persons

Current rate per person for shortfall as determined by the Draft LAOSMP

$269 per person

Total Contribution 69 persons × $269.00 = $18,561.00 Site Density A recent review of Councils Local Law No.6 (Rental Accommodation) and subordinate Local Law No.8 (Rental Accommodation) has reduced the area required per person in dormitory types of accommodation to 2.75m2. It is upon this basis that an anomaly is created in that additional persons can be accommodated on-site and comply with the minimum area required under the Local Law, however the site density designation assigned to the subject land by the Planning Scheme is exceeded. In general, it has been Council’s position that provided an increase in site density is not at the expense of other provisions of the Planning Scheme, such an increase is considered acceptable. In this instance, the applicant seeks a dispensation in relation to landscaped open space and car parking as a consequence of the increase in the number of persons being accommodated on the site. The difficulty of providing the necessary amount of landscaped open space and car parking when redeveloping land within the inner city is not uncommon. In order to address these issues, Council has adopted a Local Planning Policy to collect a monetary contribution in lieu of on-site car parking spaces and a strategy to collect a monetary contribution for the shortfall of landscaping provided on-site within the inner city. It is upon this basis that the increase in site density is supported. Traffic Access to the subject site by vehicles is obtained via McLeod Street through the provision of a single concrete cross-over. McLeod Street is identified as a Collector Road within Council’s local traffic hierarchy and is characterised by a wide road reserve, which has ample capacity to cater for the increase in traffic movements as a consequence of the proposed expansion. Amenity The proposal is compatible with other uses in the locality and as such will not adversely impact on the amenity of the area. The development involves the replacement of an existing two (2) storey accommodation building with a new three (3) storey accommodation building and internal modifications in an attempt to increase the standard of accommodation for the transient traveller. No adverse impacts are anticipated by the proposed expansion.

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Public Notification/Submissions The proposed development was advertised in accordance with the Integrated Planning Act 1997 and one submission was received. Whilst the grounds of the submission are detailed below followed by an Officer’s comment, the submission received was not a properly made submission in accordance with the Integrated Planning Act as the submission was not signed and did not contained the address of the submitter. As a consequence, the submitter does not have appeal rights in accordance with the IPA. The guest house located at 26 McLeod Street provides inner city budget accommodation to residents with some of them being elderly and mobility impaired who have lived at the guest house for many years. The business is well run and viable and is in good condition when compared to other guest house accommodation within the city. YHA could establish a new Hostel elsewhere within the city or place another floor on top of the existing building as opposed to increasing the building footprint of the existing premises. Officer’s Comment The loss of an inner city guest house which provides affordable accommodation to a wide range of persons is disappointing and does not assist with one of the over-arching aims of the housing industry which seeks to provide affordable housing, however it is apparent that the owner of the guest house is willing to sell the premises in order for the proposed expansion to take place. The loss of an inner city guest house as a consequence of a commercial decision to expand an existing accommodation facility is unfortunate, however it is not considered a valid planning ground on which to refuse the application. Tourist vans with trailers park on the street and can impede other road users as they take up on-street parking. The expansion will only increase this problem. YHA has off-street parking but the vans park on the street. Officer’s Comment It is recognised that the provision of either an on-site bus parking bay or a designated on-street bus setdown area is required in order to formalise where small tour buses park when either picking up or dropping off visitors. As previously mentioned, the applicant is required to either provide a bus parking space on-site or to provide a designated bus setdown area on-street which the applicant will be required to contribute in accordance with Council’s Planning Policy for the loss of such on-street car parking spaces. HEADWORKS / CONTRIBUTIONS: The following contributions are applicable to the proposed development.

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Element Comment Calculation Contribution

Water District 10: $3,390.51/EDC Hostel 0.2 EDC / Bed 116 beds x 0.2 = 23.2 EDC’s Credit Guest House 23 Rooms 23 rooms x 0.2 = 4.6 Total Demand: 18.6 EDC’s

18.6 EDC’s x $3,390.51

$63,063.57

Sewerage District 23: $2,202.89/EDC Hostel 0.2 EDC / Bed 116 beds x 0.2 = 23.2 EDC’s Credit Guest House 23 Rooms 23 rooms x 0.2 = 4.6 Total Demand: 18.6 EDC’s

18.6 EDC’s x $2,202.89

$40,973.74

Traffic Cairns City Precinct 1 Traffic Management Plan: $1,256.85/ERA Hostel 0.1 ERA / Bed 116 beds x 0.1 = 11.6 ERA’s Credit Guest House 23 Rooms 23 rooms x 0.1 = 2.3 ERA’s Total Demand: 9.3 ERA’s

9.3 ERA’s x $1,256.85

$11,688.73

Drainage No contributions applicable for the CBD & Environs Drainage Management Plan

Not applicable Nil

Open Space No contributions applicable for residential development not involving subdivision.

Not applicable Nil

Landscaping As previously outlined in table above. 69 persons × $269

$18,561.00

It should be noted that the applicant has had discussions with officers, regarding the cost of the developer contributions. In particular concerns were raised about the calculation of credit for the Guest House, which is on a per room basis, rather than a per bed basis, as per a Hostel and the substantial park contributions. Officers have investigated the concerns of the applicant, and confirm that the figures are correct and that no changes to the headworks are recommended. Neil Beck Planning Officer Action Officer N A L HUDDY Acting Manager, City Assessment

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APPENDIX 1

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ORDINARY MEETING

18 DECEMBER 2002

20 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – AQUACULTURE FACILITY - CRAB FARM (ADMINISTRATION, PROCESSING, PACKAGING, HATCHERY & ANCILLARY SALES) – YORKEYS KNOB ROAD, YORKEYS KNOB Neil Beck : 8/8/379 : #559183 PROPOSAL: AQUACULTURE FACILITY - CRAB FARM

(ADMINISTRATION, PROCESSING, PACKAGING, HATCHERY & ANCILLARY SALES)

APPLICANT: PIERS TIMOTHY CHARLES COTTEW 88 MOORE STREET TRINITY BEACH QLD 4879 LOCATION: YORKEYS KNOB ROAD, YORKEYS KNOB PROPERTY: LOT 1 RP800898, PARISH OF SMITHFIELD ZONE: RURAL STRATEGIC PLAN: RURAL DCP: PROTECTION OF AIRPORT INSTALLATIONS

DCP REFERRAL AGENCIES: ENVIRONMENTAL PROTECTION AGENCY NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 19 DECEMBER 2002 DIVISION: 10 APPENDIX: 1. LOCALITY PLAN 2. PROPOSAL PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council approve the application for a Material Change of Use – Aquaculture Facility – Crab Farm (Administration, Processing, Packaging, Hatchery & Ancillary Sales) on land described as Lot 1 on RP800898 Parish of Smithfield located on Yorkeys Knob Road, Yorkeys Knob, subject to the following conditions:- Assessment Manager Conditions:- 1. The applicant/owner must at all times during the development of the subject


i. the approved plan, Drawing No. K6825 – 1 – K6825 – 3 prepared by

McPherson Maclean Wargon Chapman dated May, 2002 and Drawing No. V ON – 01 – 1 prepared by Rodney Clarke Drafting dated 5 January, 2001 attached as Schedule A;

ii. the plans, specifications, facts and circumstances as set out in the


iii. the provisions of Council’s Development Manual.

Except where modified by these conditions of approval and any Consent or endorsement issued thereunder.

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


Water Consumption 3. The applicant must submit a professionally prepared water consumption

report for the purposes of determining development contributions (number of EDC’s) for water supply headworks to the satisfaction of the Chief Executive Officer prior to the commencement of use. Contributions will be determined at the rate of $3,578.44 / EDC which must be paid prior to the commencement of use.

Car Parking & Loading of Vehicles 4. The applicant is to provide 4 car parking spaces and 1 designated

loading/unloading bay to adequately service the proposed development. The car parking area must be constructed in accordance with Council’s Development Manual specifications prior to commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all car parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Health Conditions 5. Staff facilities to be in accordance with Work Place Health & Safety Act and

Code of Practice. 6. Refuse storage is required to service the site in accordance with Council’s

requirements. 7. Two copies of plans drawn to a scale not smaller than 1:100 are to be

submitted to Environmental Assessment Branch for approval prior to commencement of any building works. Such plans are to include details of ventilation (including mechanical exhaust ventilation systems), finishes to walls, floors and ceiling, and details of the proposed layout and materials to be used in the construction of all equipment, benches, fixtures and fittings and a proposed drainage plan. The plan should include at least two detailed cross sections of the food preparation areas.

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On-Site Sewerage Disposal 8. The applicant/owner must demonstrate how facilities within the proposed

shed will comply with the On-site Sewerage Code (NRM, July 2002). On-site sewerage disposal ‘envelopes’ must be provided on a plan of the area. They must indicate how the allotment or surrounding area can physically provide the necessary area(s) and comply with the On-site Sewerage Code. On-site sewerage disposal must occur within any proposed building envelopes.

The plan must be accompanied by a report, inclusive of supporting calculations and site investigations, for the site in a format to the satisfaction of the Chief Executive Officer, specifying those methods of on-site sewerage disposal applicable for the allotment and providing a recommended method and location of facilities. The plan and report must be received and endorsed by the Chief Executive Officer prior to signing and endorsing of the plan of survey.

Concurrence Agency Conditions:- Environmental Protection Agency As part of the concurrence agency response the following schedules of development conditions are to be attached to the development approval: The aforementioned description of the environmentally relevant activity (ERA) for which this development approval is issued is simply a restatement of the activity as prescribed in the legislation at the time of issuing this development approval. Where there is any conflict between the above description of the ERA for which this development approval is issued and the conditions as specified in this development approval as to the scale, intensity or manner of carrying out of the ERA, then such conditions prevail to the extent of the inconsistency. This development approval authorises the ERA. It does not authorise environmental harm unless a concurrence agency condition within this development approval explicitly authorises that harm. Where there is no condition or the development approval is silent on a matter, the lack of a condition or silence shall no be construed as authorising harm. Schedule A - Activity Schedule B - Air Schedule C - Water Schedule D - Noise Schedule E - Waste Schedule F - Land Schedule G - Community Schedule H - Definitions Schedule I - Maps / Plans

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Schedule A - Activity Prevent and /or minimise likelihood of environmental harm A1-1 In carrying out the environmentally relevant activities, you must take all

reasonable and practicable measures to prevent and / or to minimise the likelihood of environmental harm being caused. Any environmentally relevant activity, that, if carried out incompetently, or negligently, may cause environmental harm, in a manner that could have been prevented, shall be carried out in a proper manner in accordance with the conditions of this approval.

NOTE: This approval authorises the environmentally relevant activity. It

does not authorise environmental harm unless a condition contained within this approval explicitly authorises that harm. Where there is no condition or the approval is silent on a matter, the lack of a condition or silence shall not be construed as authorising harm.

Maintenance of measures, plant and equipment A2-1 The holder must:

install all measures, plant and equipment necessary to ensure compliance with the conditions of this environmental authority; maintain such measures, plant and equipment in a proper and efficient condition; and operate such measures, plant and equipment in a proper and efficient manner.

Site based management plan A3-1 From commencement of the activity, a Site Based Management Plan

(SBMP) must be implemented. The SBMP must identify all sources of environmental harm, including but not limited to the actual and potential release of all contaminants, the potential impact of these sources and what actions will be taken to prevent the likelihood of environmental harm being caused. The SBMP must also provide for the review and 'continual improvement' in the overall environmental performance of all Environmentally Relevant Activities that are carried out.

The site based management plan must address the following matters:

Environmental commitments - a commitment by senior management to achieve environmental goals. Identification of environmental issues and potential impacts. Control measures for routine operations to minimise likelihood of environmental harm.

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Contingency plans and emergency procedures for non-routine situations. Organisational structure and responsibility. Effective communication. Monitoring of the contaminant releases. Conducting environmental impact assessments. Staff training. Record keeping. Periodic review of environmental performance and continual improvement.

Records A5-1 Record, compile and keep all monitoring results required by this document

and present this information to the administering authority when requested, in a specified format.

Acid sulphate soils (ASS) A7-1 You must comply with the latest edition of the Queensland Environmental

Protection Agency's instructions for the treatment and management of acid sulphate soils, 2001, produced by the Queensland Environmental Protection Agency in consultation with the Department of Natural Resources and Mines and the Department of Primary Industries.

A7-2 Acid sulfate soils must be managed such that contaminants are not be

directly or indirectly released, as a result of the activity, to any waters or the bed and banks of any waters.

Areas of Production and Associated treatment Ponds A0-1 This development approval applies only to the operation and maintenance

of:

1. aquaculture growout ponds having a combined total area of not more than 6.5 hectares;

2. An on farm waste water retention and treatment system of at least 1.2 hectares surface area, capable of achieving a minimum retention time for all effluent of at least 3 days, designed to remove contaminants from waters released from the production ponds.

Chemical Use A0-2 Chemicals must be used in accordance with manufacturers requirements

and are limited to those approved by the National Registration Authority, prescribed by a veterinarian or which have been declared “Exempt from Registration” and their use shall be in accordance with the label’s requirements for aquaculture.

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A0-3 All drugs and chemicals authorised to be used at the facility shall only be discharged to the receiving environment at a level prescribed or authorised by the Administering Authority.

END OF CONDITIONS FOR SCHEDULE A

SCHEDULE B – AIR Nuisance B1-2 The release of noxious or offensive odours or any other noxious or

offensive airborne contaminants resulting from the activity must not cause a nuisance at any odour sensitive place.

Dust nuisance B2-1 The release of dust and/or particulate matter resulting from the activity

must not cause an environmental nuisance at any dust sensitive place. B2-2 Exceedance of any of the following levels when measured at any dust

sensitive place is an environmental nuisance for the purposes of condition B2-1.

Dust deposition of 120 milligrams per square metre per day, when monitored in accordance with Australian Standard AS 3580.10 of 1991; OR A concentration of particulate matter with an aerodynamic diameter of less than 10 micrometre (µm) (PM10) suspended in the atmosphere of 150 micrograms per cubic metre over a 24 hour averaging time, at a dust sensitive place downwind of the site, when monitored in accordance with:

- Australian Standard AS 3580.9.6 'Ambient air - Particulate matter -

Determination of suspended particulate PM10 high-volume sampler with size-selective inlet - Gravimetric method'; or

- any alternative method of monitoring PM10 which may be permitted by

the 'Air Quality Sampling Manual' as published from time to time by the administering authority.

B2-3 When requested by the Administering Authority, dust and particulate

monitoring must be undertaken to investigate any complaint of environmental nuisance caused by dust and/or particulate matter, and the results notified within 14 days to the administering authority following completion of monitoring. Monitoring must be carried out at a place(s) relevant to the potentially affected dust sensitive place and at upwind control sites and must include:

- for a complaint alleging dust nuisance, dust deposition; and

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- for a complaint alleging adverse health effects caused by dust, the concentration per cubic metre of particulate matter with an aerodynamic diameter of less than 10 micrometre (µm) (PM10) suspended in the atmosphere over a 24hr averaging time.

END OF CONDITIONS FOR SCHEDULE B

SCHEDULE C - WATER Monitoring C1-1 Monitoring must be undertaken and records kept of contaminant releases

to waters from the discharge location for the parameters and not less frequently than specified in Schedule C Table 1. All determinations of the quality of contaminants released must be:

- made in accordance with methods prescribed in the latest edition of the

Environment Protection Agency Water Quality Sampling Manual; and - carried out on samples that are representative of the discharge.

Schedule C - Table 1 (Release limits)

Release limit

Monitoring point

Discharge location

Quality characteristics Minimum

50th Percentile Maximum

Monitoring frequency

Discharge location (W1)

Discharge pipe adjacent to intake pump. Refer to Schedule I.

pH 7.0 8.5 Daily when discharge is occurring



Dissolved Oxygen (%) 80 120

Daily when discharge is occurring



Total Nitrogen (mg/L) 0.5 1.6

Initial sampling frequency1 and after two (2) years the subsequent sampling frequency2



Total Phosphorus (mg/L)

0.05 0.11


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Total Suspended Solids (mg/L)

15 20


Background (B)3

Receiving waters 500 metres upstream of discharge location (W1).

Total Nitrogen (mg/L) Total Phosphorus (mg/L) Total Suspended Solids (mg/L)

Monthly -when discharging to receiving waters

Impacted (I)

4

Receiving waters 500 metres downstream of discharge location (W1).

Total Nitrogen (mg/L) Total Phosphorus (mg/L) Total Suspended Solids (mg/L

Background + 10%

Monthly -when discharging to receiving waters

1 Initial Sampling Frequency Within 0- 2 years of commencement of operation – Monthly, when

discharging to receiving waters, with a minimum of six (6) samples per growing season. At least 2 samples must be taken during the later stages of the growing season, no closer than two weeks apart. When drain harvesting, at least one sample must be taken during the later stages of drain harvest

2 Subsequent Sampling Frequency After 2 years of commencement of operation – Once every two months (for

those months when a discharge is occurring), with a minimum of six (6) samples per year. At least 2 samples must be taken during the later stages of the growing season, no closer than two weeks apart. When drain harvesting, at least one sample must be taken during the later stages of drain harvest

3 Background water quality sampling must be carried out when discharging to the receiving environment, on the ebb tide within 30 minutes (on the same day) as the discharge water quality sample, at Background point B1 defined as a point 500 metres upstream of the discharge.

4 The impacted water quality sampling must be carried out when discharging to the receiving environment, on the ebb tide within 30 minutes (on the same day) as the discharge water quality sample and the background water quality sample, at Impacted point I1 defined as a point 500 metres downstream of the discharge.

C0-1 In the event of an exceedance of a release limit specified in Schedule C -

Table 1, for the parameters suspended solids, nitrogen and phosphorus, the monitoring frequency will return to the initial sampling frequency specified in Schedule C - Table 1 for a period determined by the Administering Authority.

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Erosion protection measures and sediment controls C2-1 Erosion protection measures and sediment control measures must be

implemented and maintained to minimise erosion and the release of sediment.

C2-2 Prevent the release of sediment to waters or a build up of sediment in any

stormwater drain. Release to waters C3-2 Contaminants must only be released to waters from the discharge location

and in compliance with the release limits listed in Schedule C - Table 1.

Discharge Location (W1) located at discharge pipe adjacent to intake pump - namely release of biologically treated pond effluent from aquaculture ponds to Richters Creek at the location specified in the site plan in Schedule I.

C3-4 The total quantity of contaminants released to waters via the release points

listed in Schedule C - Table 2, must not exceed the respective quantities stated for each release point in Schedule C - Table 2 on any one day.

Schedule C - Table 2

Maximum permitted quantity of release

Release point Maximum release on any one day Discharge location (W1) at discharge pipe adjacent to intake pump

6143 cubic metres per day for 56 days per year (28 days per growing season)

Discharge location (W1) at discharge pipe adjacent to intake pump

the amount equivalent to the preceding 24 hours of rainfall accumulated over the area of the growing and treatment ponds

C3-5 The daily volume of contaminants released to waters must be determined

or estimated by an appropriate method, for example a flow meter, and records kept of such determinations and estimates.

Stormwater management C5-1 There must be no release of stormwater runoff that has been in contact

with any contaminants at the site to any waters, roadside gutter or stormwater drain.

Pond conditions C7-1 All ponds used for the storage or treatment of contaminants, sewage or

wastes at or on the authorised place must be constructed, installed and maintained:

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- so as to minimise the likelihood of any release of effluent through the bed or banks of the pond to any waters (including ground water);

- so as to ensure the stability of the ponds' construction. C7-2 Suitable banks and/or diversion drains must be installed and maintained to

exclude stormwater runoff from entering any ponds or other structures used for the storage or treatment of contaminants or wastes.

Time of Release C0-2 The release of contaminants to waters must only occur on the outgoing

tide at the times specified in Schedule C - Table 3. Schedule C - Table 3 (Release Quantity) Dry weather release limits

Predicted tidal range at Cairns (m)

Release volume per tide

Discharge to commence at

Discharge to cease at

>0.44 m 6143 m3 1/2 hour after Cairns high tide

1/2 hour before Cairns low tide

<0.44 m No release No Release No Release

END OF CONDITIONS FOR SCHEDULE C

SCHEDULE D - NOISE AND VIBRATION Noise nuisance D1-1 Noise from activities must not cause an environmental nuisance at any

noise affected premises. D1-2 All noise from activities must not exceed the levels specified in Schedule D

- Table 1 at any noise affected premises. Schedule D - Table 1 (Noise limits)

Monday to Saturday Sundays and public holidays Noise level dB(A) measured as 7am - 6pm 6pm - 10pm 10pm - 7am 9am - 6pm 6pm - 10pm 10pm - 9am

Noise measured at a 'Noise sensitive place'

LA10, adj, 10 mins 50 45 35 50 45 35

LA1, adj, 10 mins 55 50 40 55 50 40

Noise measured at a 'Commercial place'

LA10, adj, 10 mins 55 50 40 55 50 40

LA1, adj, 10 mins 60 55 45 60 55 45

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Noise monitoring D2-1 When requested by the Administering Authority, noise monitoring must be

undertaken to investigate any complaint of noise nuisance, and the results notified within 14 days to the administering authority. Monitoring must include:

- LA 10, adj, 10 mins - LA 1, adj, 10 mins - the level and frequency of occurrence of impulsive or tonal noise; - atmospheric conditions including wind speed and direction; - effects due to extraneous factors such as traffic noise; and - location, date and time of recording.

END OF CONDITIONS FOR SCHEDULE D

SCHEDULE E - WASTE Waste handling E5-1 All regulated waste removed from the site must be removed by a person

who holds a current approval to transport such waste under the provisions of the Environmental Protection Act 1994.

Pond Sludge E0-1 Pond sediment and sludge removed from the production or settlement

ponds must be stored and/or disposed of in a manner which does not cause the release of contaminants to any waters or stormwater drain.

Disease Management E0-2 The holder of this development approval shall notify the administering

authority of any disease outbreak requiring treatment and/or drainage of pond and/or tank contents.

E0-3 The holder of this development approval must seek the written approval of

the administering authority prior to disposing of any diseased organisms, or water which has come into contact with diseased organisms.

E0-4 Where diseased organisms and/or affected water requires disposal it must

be monitored and the following records kept:

1. the date, quantity and type or waste disposed of; 2. the name of the waste transporter and/or disposal operator that

removed the waste; and 3. the intended treatment/disposal destination of the waste.

END OF CONDITIONS FOR SCHEDULE E

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SCHEDULE F - LAND Preventing contaminant release to land F3-1 Contaminants must not be released to land. F3-2 Spillage of all chemicals and fuels must be contained within an on-site

containment system and controlled in a manner that prevents environmental harm.

NOTE: All petroleum product storage's must be designed, constructed and maintained in accordance with AS 1940 - Storage and Handling of Flammable and Combustible Liquids.

END OF CONDITIONS FOR SCHEDULE F

SCHEDULE G - COMMUNITY Complaint response G1-1 All complaints received must be recorded including investigations

undertaken, conclusions formed and action taken. This information must be made available to the administering authority on request.

G0-1 In accordance with section 24GD(1) of the Native Title Act 1993, Native Title

holders are to be allowed reasonable access to the area covered by this approval

END OF CONDITIONS FOR SCHEDULE G

SCHEDULE H - DEFINITIONS Words and phrases used throughout this licence or development approval are defined below: Where a definition for a term used in this approval is sought and the term is not defined within this approval the definitions provided in the Environmental Protection Act 1994, its regulations, and Environmental Protection Policies shall be used. Word Definitions "administering authority" means the Environmental Protection Agency or its successor. "you" means the holder of this Environmental Authority or owner / occupier of the land which is the subject of this Development Approval. "site" means the place to which this environmental authority relates or the premises to which this development approval relates. "authorised place" means the place authorised under this environmental authority/development approval for the carrying out of the specified environmentally relevant activities.

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"this authority" means this environmental authority/development approval. "authority" means level 1 licence (without development approval), or level 1 approval (without development approval), or level 2 approval (without development approval) under the Environmental Protection Act 1994. "dust sensitive place" means - - a dwelling, mobile home or caravan park, residential marina or other

residential place; - a motel, hotel or hostel; - a kindergarten, school, university or other educational institution; - a medical centre or hospital; - a protected area; - a park or gardens; or - a place used as an office or for business or commercial purposes and

includes the curtilage of any such place. "odour sensitive place" has the same meaning as a "dust sensitive place" "dwelling" means any of the following structures or vehicles that is principally used as a residence- - a house, unit, motel, nursing home or other building or part of a building; - a caravan, mobile home or other vehicle or structure on land; - a water craft in a marina. "noxious" means harmful or injurious to health or physical well being. "offensive" means causing offence or displeasure; is disagreeable to the sense; disgusting, nauseous or repulsive. "nuisance sensitive place" includes - - a dwelling, residential allotment, mobile home or caravan park, residential

marina or other residential premises; or - a motel, hotel or hostel; or - a kindergarten, school, university or other educational institution; or - a medical centre or hospital; or a protected area under the Nature Conservation Act 1992, the Marine Parks

Act 1992 or a World Heritage Area; or - a public thoroughfare, park or gardens; or - a place used as a workplace, an office or for business or commercial

purposes. - and includes a place within the curtilage of such a place reasonably used

by persons at that place. "LA 10, adj, 10 mins" means the A-weighted sound pressure level, (adjusted for tonal character and impulsiveness of the sound) exceeded for 10% of any 10 minute measurement period, using Fast response. "LA 1, adj, 10 mins" means the A-weighted sound pressure level, (adjusted for tonal character and impulsiveness of the sound) exceeded for 1% of any 10 minute measurement period, using Fast response

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"LA, max adj, T" means the average maximum A-weighted sound pressure level, adjusted for noise character and measured over any 10 minute period, using Fast response. "noise affected premises" means a "noise sensitive place"or a "commercial place" "noise sensitive place" means - - a dwelling, mobile home or caravan park, residential marina or other

residential premises; or - a motel, hotel or hostel; or - a kindergarten, school, university or other educational institution; or - a medical centre or hospital; or - a protected area; or - a park or gardens. - and includes the curtilage of such place. "commercial place" means a place used as an office or for business or commercial purposes. "intrusive noise" means noise that, because of its frequency, duration, level, tonal characteristics, impulsiveness or vibration - - is clearly audible to, or can be felt by, an individual; and - annoys the individual. In determining whether a noise annoys an individual and is unreasonably intrusive, regard must be given to Australian Standard 1055.2 - 1997 Acoustics - Description and Measurement of Environmental Noise Part 2 - Application to Specific Situations. "protected area" means – - a protected area under the Nature Conservation Act 1992; or - a marine park under the Marine Parks Act 1992; or - a World Heritage Area. "waters" includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined water natural or artificial watercourse, bed and bank of any waters, dams, non-tidal or tidal waters (including the sea), stormwater channel, stormwater drain, roadside gutter, stormwater run-off, and groundwater and any part-thereof. "50th percentile" means not more than three (3) of the measured values of the quality characteristic are to exceed the stated release limit for any six (6) consecutive samples for a release/monitoring point at any time during the environmental activity(ies) works. "80th percentile" means not more than one (1) of the measured values of the quality characteristic is to exceed the stated release limit for any five (5) consecutive samples for a sampling point at any time during the environmental activity(ies) works

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"land" in the "land schedule" of this document means land excluding waters and the atmosphere. "mg/L" means milligrams per litre. "NTU" means nephelometric turbidity units "regulated waste" means non-domestic waste mentioned in Schedule 7 of the Environmental Protection Regulation 1998 (whether or not it has been treated or immobilised), and includes: - for an element - any chemical compound containing the element; and - anything that has contained the waste. "licensed vehicle" means a vehicle authorised to be used under the licence to transport regulated waste. "annual return" means the return required by the annual notice (under section 316 of the Environment Protection Act, 1994) for the section 86(2) licence that applies to the development approval.

END OF DEFINITIONS FOR SCHEDULE H

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Schedule I - Maps / Plans 1. AERIAL PHOTOGRAPHY OF AUSCRAB AQUACULTURE OPERATION, LOT 1 RP800898

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2. LOCATION OF AUSCRAB AQUACULTURE OPERATION, LOT 1 RP800898

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3. LOCATION OF AUSCRAB AQUACULTURE PONDS AND ASSOCIATED STRUCTURES, LOT 1 RP800898

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ADVICE 1. The applicant must ensure that the development complies in all respects

with all of Council’s Local Laws, Policies and Planning Instruments pertaining thereto.



3. All aquaculture ventures in Queensland are licensed under the Fisheries Act

1994 and all aquaculture operators must hold a license. 4. The applicant is required to obtain a Culture Stock Collection Permit from

the Queensland Fisheries Management Authority (QFMA). This collection permit is required if broodstock are to be collected from the wild. The Department of Primary Industries can issue the permit, in conjunction with the aquaculture license on behalf of QFMA.

5. The applicant is required to obtain approval for Operational Works on tidal

lands issued by the Environmental Protection Agency and a Development Permit for Operational Works on the subject land issued by Cairns City Council.

7. The applicant is required to obtain a Permit to Remove, Destroy or Damage

Marine Plants and / or Perform Works or Related Activity in a Declared Fish Habitat Area issued by the Department of Primary Industries under the Fisheries Act 1994.

8. The facility must be in accordance with the requirements of the Food

Hygiene Regulations 1989. 9. Brochures on these requirements - ‘Requirements for Refuse Storage -

Commercial Premises’ are attached. 10. For information relating to the Integrated Planning Act 1997 log on to


EXECUTIVE SUMMARY: Council is in receipt of a Material Change of Use application for the establishment of an Aquaculture Facility – Crab Farm on part of land described as Lot 1 on RP800898, Parish of Smithfield located on Yorkeys Knob Road, Yorkeys Knob. The subject land is currently contained within the Rural zone in the Planning Scheme with a total site area of approximately 40.83 hectares.

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The proposed Aquaculture Facility is to be established over part of Lot 1 being an area adjacent Richters Creek and Thomatis Creek. The proposed development required Referral Co-ordination, as the development of an Aquaculture Facility of this scale is identified as a designated facility within the Integrated Planning Act Regulations, 1998. The application was forwarded to all relevant Concurrence and Advice agencies nominated by the Department of Local Government and Planning for comment, and accordingly, such responses form recommended conditions of approval. Approval of the application is recommended subject to conditions. TOWN PLANNING CONSIDERATIONS: Subject Site The subject land is contained within the Rural zone and has a total site area of approximately 40.83 hectares. The allotment is irregular in shape and is accessible from Yorkeys Knob Road via Morabito Road. Richters Creek and Thomatis Creek bound the subject land to the south with cane land surrounding the balance of the site. Land tenure is currently placed in freehold title, with the production of sugar cane being the predominant use over the previous 30 years. The applicant seeks to enter into the business venture of farming mud crabs on a commercial scale to service increasing demands for fresh seafood and the depletion of wild stocks. Proposal The applicant seeks to establish an Aquaculture Facility in which mud crabs will be produced and processed to supply commercial markets both here in Australia and overseas. Depending on market demand, it is anticipated that produce will be transported from the property live and frozen. The applicant has advised that no cooking is proposed to take place. Ancillary uses associated with the proposed facility are a crab hatchery, an office and staff facilities and a processing area which will all be housed in a new 15 x 30 metre shed located adjacent the existing ponds. The applicant seeks to utilise all five (5) of the existing ponds located on the property for the venture. The applicant has advised that the ponds were constructed approximately 30 years ago for irrigation purposes, however the supply of less saline bore water was preferred for cropping and the ponds have acted as artificial lakes ever since. The project attempts to reduce the impacts on the surrounding environment through adopting various concepts including recirculating water, bioremediation and settlement ponds. The aquaculture facility involves the use of approximately 8 hectares of existing pond area. The applicant has advised that 6.5 hectares will be used as the grow out phase whilst the remaining 1.5 hectares will be utilised for sediment and filtration purposes.

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In order to achieve the recirculation of water between the numerous ponds, a limited amount of works is required, as the applicant has advised that existing pipes are already in place. The following three (3) characteristics are the fundamental concepts of the aquaculture proposal:- 1. Minimum Water Exchange The notion of minimal water exchange requires that water be only introduced to the ponds as required to top them up or to adjust the salinity levels as compared to a regular flushing program. 2. Recirculating System The layout of the Aquaculture Facility revolves around the concept of recycling water whereby the water discharged from the grow out ponds is cleaned to an acceptable level so it can be reintroduced into the intake reservoir and reused in the grow out ponds. Water will only be discharged from the grow out ponds to the water treatment facility if there is a need to adjust an imbalance occurring within the grow out pond. 3. Water Treatment The combination of the above two (2) principles creates the overarching concept of the proposal which is to promote sustainability and reduce discharge whereby the farm basically becomes a large water treatment facility. The applicant has advised that as management practices are further refined, it is envisaged that the polishing system will also incorporate various forms of biological filtration / bioremediation which may include milkfish, mullet, seaweed and estuary cod. Referral Co-ordination The application triggered Referral Co-Ordination, which required the applicant to forward copies of the application to all relevant Concurrence and Advice Agencies for assessment. The assessment and relevant conditions of approval have been forwarded to Council by relevant referral agencies for inclusion in the Development Permit. Licensing of the proposal by the Environmental Protection Agency and the Department of Primary Industries, as well as the issuing of a Permit to Occupy (Thomatis Creek Esplanade) by the Department of Natural Resources & Mines is subject to Council approving the proposed land use. The following matters are considered relevant for the assessment of the development application.

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Strategic Plan/DCP The Strategic Plan has nominated rural activities as the preferred dominant land use for the subject land. This designation incorporates both good quality agricultural land, assigned cane land and marginal land which may be affected by constraints such as flooding, soil quality etc. When determining applications over land within rural areas, details of the land in terms of the requirements of the State Planning Policy 1/92 (Development and the Conservation of Agricultural Land) is required. State Planning Policy 1/92 The purpose of State Planning Policy 1/92 is to protect and conserve land identified as good quality agricultural land. In this instance, the intent of State Planning Policy 1/92 is of little relevance, as the land proposed to be utilised for the aquaculture facility is existing pond area. No further consideration is required. State Planning Policy 1/00 The purpose of State Planning Policy 1/00 seeks to provide a guide for the identification and management of areas containing acid sulphate soils to avoid potential adverse impacts on the natural environment, built environment and human health. A preliminary geotechnical assessment of the subject property has failed to identify acid sulphate soils (ASS) or potential acid sulphate soils (PASS). Only minor earthworks are required in order to complete necessary works to enable the development to proceed and therefore the issue of acid sulphate soils is largely negated. However, conditions of development forwarded by the Environmental Protection Agency, which are contained within the recommendation, encompass acid sulphate soils. Protection of Airport Installations DCP The Development Control Plan for the Protection of Airport installations seeks to ensure appropriate interaction between the Cairns International Airport and development within the Plan Area identified within the DCP. An assessment against the DCP has revealed that the subject site is outside the critical Obstacle Limitation Surfaces and is not affected by the Australian Noise Exposure Forecast Contours. The subject site is identified as being located within the Bird Strike Area 2, however the nature of the proposed development is considered not to be in conflict with the DCP having regard to the fact that crabs are bottom dwellers and are unlikely to attract birds. Consequently the proposed development is not in conflict with the intent of the DCP.

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Access Current access to the subject land is achieved from Yorkeys Knob Road, via Morabito Road. Yorkeys Knob Road is a two lane constructed road having a bitumen seal of approximately 8 - 9 metres. All produce will be transported from the site via vehicular transport to either the Cairns International Airport or to southern markets. It is anticipated that the current road network will have the capacity to service the proposed development. Car Parking Requirements The Planning Scheme for the Balance of the City of Cairns does not stipulate the number of car parking spaces to be provided for an Aquaculture Facility instead requiring the rate to be determined by Council. The applicant has advised that the venture will involve limited employment opportunities initially, however market demand and the success of the venture will necessitate the provision of on-site infrastructure. A recommended condition of approval requires the applicant to provide a loading / unloading bay and four (4) on-site car parking spaces to adequately service the proposed development given that the applicant anticipates that the proposal will provide for six (6) full time equivalent positions. The construction of the designated car parking area must be completed prior to the commencement of use. Processing Shed & Staff Facilities In addition to the plans required by Council’s Environmental Assessment Branch for assessment against the Food Hygiene Regulations for the processing of food, the applicant is required to submit a detailed floor plan of the shed accompanied by a hydraulics report detailing the method of on-site effluent disposal. Such plans must be submitted and approved by Council prior to the issue of a Development Permit for Building Works. Public Notification/Submissions The application was advertised in accordance with the notification requirements of the Integrated Planning Act and no submissions were received. HEADWORKS / CONTRIBUTIONS: The applicant is required to undertake further professional investigations detailing the anticipated water usage for the development. Once Council is in receipt of the report, water supply headwork contributions can be calculated.

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Calculation Comment Contribution Water undetermined Sewerage Not in sewered area Nil Road/Traffic Not Applicable Nil Drainage Not Applicable Nil Park Not Applicable Nil Neil Beck Planning Officer Action Officer Nikki Huddy Acting Manager, City Assessment

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APPENDIX 1

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APPENDIX 2

206

ORDINARY MEETING

18 DECEMBER 2002

21 WITHOUT PREJUDICE – CONSIDERATION OF AMENDED CONDITIONS - PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE – TO FACILITATE DEVELOPMENT IN ACCORDANCE WITH A PRECINCT MASTER PLAN AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (BOUNDARY REALIGNMENT), CAPTAIN COOK HIGHWAY, PALM COVE / CLIFTON BEACH Jenny Elphinstone: 8/30/18: #497024 PROPOSAL: WITHOUT PREJUDICE, CONSIDERATION OF

PROPOSED AMENDED CONDITIONS, PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE OF PREMISES TO FACILITATE DEVELOPMENT IN ACCORDANCE WITH A PRECINCT MASTER PLAN AND AN APPLICATION FOR A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (BOUNDARY REALIGNMENT)

APPLICANT: DAIKYO (NORTH QUEENSLAND) PTY LTD C/ PLANNING FAR NORTH PO BOX 7801 CAIRNS QLD 4870 LOCATION: CAPTAIN COOK HIGHWAY, PALM COVE PROPERTY: LOTS 1 & 2 ON RP732379, PART OF LOTS 4 & 5 ON RP745129, PARISH OF SMITHFIELD ZONE: PARTLY RURAL AND SPECIAL FACILITIES

(RESORT HOTEL) STRATEGIC PLAN: URBAN DCP: DCP HILLSLOPES – CATEGORY A NUMBER OF SUBMITTERS: 256 STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE DIVISION: 11 APPENDIX: 1. BALATOX PRECINCT MASTER PLAN

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LOCALITY PLAN

RECOMMENDATION: A. That Council instruct its Solicitors to negotiate the settlement of the

Planning & Environment Appeal No. 2 of 2002 Daikyo Pty Ltd -v- Cairns City Council subject to the following conditions:-

That Council issue a Preliminary Approval for a Material Change of Use in

accordance with Section 3.1.6 of the Integrated Planning Act 1997 to facilitate development in accordance with a Precinct Master Plan on land described as Lot 1 and Lot 2 on RP732379 and part of Lot 4 and 5 on RP745129 located at Captain Cook Highway, Triton Street and Linden Street, Palm Cove subject to the following codes:-

1. That the description of the development, as stated on the Decision

Notice is amended as follows: Proposal: Preliminary Approval for a Material Change of use in

accordance with Section 3.1.6 of the Integrated Planning Act 1997 to facilitate development in accordance with a Precinct Master Plan and Development Permit for Reconfiguring a Lot (Boundary Realignment).

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2. Condition 1 be amended as follows to include the Balatox Development Plan:

1. Table of Development 1.0 The Balatox Development Plan It is proposed to develop the site in accordance with a Precinct

Master Plan and to reconfigure the site, by boundary realignment, such that the more environmentally sensitive development areas are contained, generally, in one allotment and the unconstrained development areas are contained, generally, in the other allotment.

1.1 The Precinct Master Plan The Precinct Master Plan divides the site into four separate

precincts, each having individual character and providing for a different range of land uses. The description of each precinct and the intent for the development of each precinct is outlined in the following sections.

1.1.1 Precinct 1 Precinct 1 is located in the western portion of the site and

includes all of the site frontage to the Captain Cook Highway. Precinct 1 is the largest of the four precincts.

Precinct 1 is intended to be developed primarily for

conventional residential housing, in the form of single detached dwellings.

Precinct 1 also includes a small area of land at the entry to

the precinct that provides for the development of mixed residential density development and is also proposed, in the future, to provide for a range of commercial uses, such as:

Catering Shop, Commercial Premises, Hardware Store, Laundromat, Local Store, Medical Centre, Restaurant, Service Industry, Shop, Veterinary Clinic and the like.

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It is intended that any commercial development in this area,

which is identified on the Precinct Master Plan by an asterisk, will function as a local centre for the surrounding residential area. On this basis, the need for commercial services at this location will be determined by the uptake of residential development in the surrounding residential area in association with development applications to Council and accompanied by a needs assessment identifying that such a need exists and is warranted.

Precinct 1 also contains approximately 11 hectares of

parkland / bushland generally along the creek lines. This constitutes approximately 39% of the total area of the Precinct 1. It is intended that this vegetation on the creek banks be retained and enhanced and linked to other precincts to provide informal open space for the residents of the area.

1.1.2 Precinct 2 Precinct 2 is located centrally on the site adjacent to the

northern boundary. It is intended that Precinct 2 will be developed to contain a mix of permanent residential uses.

The western half of Precinct 2 is intended to be developed for

the purpose of conventional residential housing, in the form of single detached dwellings. The eastern part of Precinct 2 in intended to be developed to contain a mix of conventional housing and medium density housing in the form of small lot residential development, villa housing, multiple dwellings and the like.

The two areas of this precinct are separated by a natural

creek which is to be retained as Parkland / Bushland and linked with other precincts. This Parkland / Bushland has an area of approximately 3.1 hectares and represents 29% of the total area of Precinct 2.

1.1.3 Precinct 3 Precinct 3 is located to the east of the site and spans the full

width of the site between the northern and southern boundaries.

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It is intended that development in this precinct be primarily tourist residential in nature in the form of holiday apartments, motel developments and the like.

The area identified in this precinct as being suitable for

development adjoins vegetated creek lines. It is intended to retain much of the vegetation, approximately 2.4 hectares or 19% of the total precinct area, as Parkland / Bushland and to link these areas with other precincts. It is intended that development in this precinct will be carefully designed to complement the Parkland / Bushland and to interrelate with the natural environment. It is proposed that areas of natural vegetation will be included within the development area of future allotments. This natural vegetation will be protected from removal or damage by conservation covenants.

1.1.4 Precinct 4 Precinct 4 is located adjacent to the eastern boundary of the

site and includes the whole frontage of the site to the Esplanade foreshore.

Precinct 4 includes areas of environmental character, such as

areas of mangroves, sand dune vegetation and tidal foreshore, which are intended to be retained in their natural state.

It is intended that parts of this precinct be developed

primarily for tourist purposes in the form of tourist resorts which integrate the surrounding environmental features. This precinct also includes land which is intended to be developed as a commercial node containing convenience tourist shopping facilities and restaurants and cafes.

As part of the development of this precinct it is also proposed

to include an area which provides for public access to the beachfront and contains community facilities such as barbeques, amenities and public car parking.

Approximately 1.8 hectares or 23% of the total precinct area

is to be retained as open space that is accessible to the public.

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1.2 Land Use Areas In addition to being separated into precincts of individual

character the site has been divided into particular land use areas. Each land use area includes a table of development providing for a combination of self-assessable, code assessable and impact assessable developments in each area. The intent of each land use area and the table of development for each land use area is outlined in the subsequent sections.

a.1.2.1 Conventional Residential Housing Area

The intent of the Conventional Residential Housing Area is to

allow for permanent residential development predominantly in the form of single detached dwellings on conventional sized allotments. Development in this area is intended to provide for a population density of approximately 60 persons per hectare. Other land uses ancillary to the primary use of land as a single detached dwelling will be permitted in this area subject to assessment against the relevant codes contained in the Planning Scheme.

To protect the privacy of permanent conventional residential

allotments in this area, and to resolve the incidence of overshadowing and overlooking, development in this precinct is to have a maximum height of 7 metres.

It is intended that support and community facilities such as

child care centres and places of worship may be permitted in this area subject to having access to higher order roads and not having a detrimental impact on the residential amenity of the area.

Area Column 1 Self Assessable

Development

Column 2 Code Assessable

Development

Column 3 Impact Assessable

Development Conventional Residential Housing Area

Dwelling House >600m² Family Day Care Home Activity Local Utilities Park Relative’s Accommodation Temporary Land & House Sales Office

Bed & Breakfast Accommodation Community Care Centre Display Home

Any development other than that referred to in Columns 1 & 2

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b.1.2.2 Mixed Residential Housing Area The intent of the Mixed Residential Housing Area is to provide

for a higher density of permanent residential development than that provided by the conventional residential housing area and to allow for innovative housing solutions providing alternative housing choice in the master plan area.

It is envisaged that development in this area will include

permanent residential developments in the form of attached housing (dual occupancies), villa housing, small lot residential development and multiple dwellings. Development in this area is intended to provide for a population density of approximately 90 persons per hectare.

Tourist development, with the exception of bed and breakfast

accommodation, is not envisaged within this area.


Development


Development


Development Mixed Residential Housing Area * Areas with additional use rights – Precinct 1.

Dwelling House >600m² Dwelling House < 600m² Dual Occupancy Family Day Care Home Activity Local Utilities Park Relative’s Accommodation Temporary Land & House Sales Office

Bed and Breakfast Accommodation Community Care Centre Display Home *Dual Occupancy Minor Building Work in respect of any development specified in Column 3 where that development exists on the site and has been lawfully established. Multiple Dwellings (max 2 Storeys)

Any development other than that referred to in Columns 1 & 2 Note: development of shops and other retail developments will be assessed against the Centres Planning Strategy.

1.2.2.1 Development of Dual Occupancy and Multiple

Dwellings (max 2 storeys) Development of a Dual Occupancy and Multiple Dwellings

(max 2 storeys) in the Mixed Residential Housing Area is also subject to the following requirements set out in 1.2.2.1.A, B, C & D:

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1.2.2.1A Water Supply and Sewerage The applicant is to contribute in accordance with

Council’s Policy provided for as per section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water and sewerage headworks.

The contributions must be paid at the rates

applicable at the time of payment. Payment is required prior to the issuing of a Development Permit for Building Works and/or prior to the issuing of a Development Permit for Reconfiguring a Lot and/or as per conditions of a further Development Permit for a Material Change of Use (Code or Impact).

1.2.2.1B Traffic Management Contributions

The applicant/owner must contribute towards Council’s Traffic Management/Road Upgrading Program in accordance with Cairns City Council Traffic Management Plans.

The contribution rate is that which is current at the

time of payment. Payment is required prior to approval and dating the plan of survey for reconfiguration development or as per conditions of a further Development Permit for a Material Change of Use (Code or Impact Assessment).

1.2.2.1C Drainage Management Contributions

The applicant/owner must contribute towards the augmentation of stormwater drainage services and associated services in accordance with the Drainage Management Plan prepared for the subject creek systems.


time of payment. Payment is required prior to approval and dating the plan of survey for reconfiguration development and/or prior to the issue of a development permit for carrying out building work.

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1.2.2.1D Performance Standards The development of a dual occupancy must comply

with the requirements of the Planning Scheme for the Balance of the City of Cairns, Part D Section 3.10 and Part E Section 3.0.

c.1.2.3 Medium Density Tourist Area

The intent of the Medium Density Tourist Area is to provide

for medium density residential development, catering primarily for tourists, in the form of holiday apartments, motels and the like.

Medium density permanent residential developments that are

of a form, bulk and scale that complement the tourist residential developments will be permitted in this area. However, it is envisaged that tourist development will be the predominant form of development. Development in this area is intended to have a maximum height of 11.5 metres or 3 storeys and is to provide for a population density of approximately 200 persons per hectare.

Land Uses that are incidental to but necessarily associated

with tourist developments such as tour booking offices and restaurants will only be permitted in this area when ancillary to tourist accommodation.

Area Column 1

Self Assessable Development


Development

Column 3 Impact

Assessable Development

Medium Density Tourist Area

Dwelling House >600m² Dwelling House < 600m² Dual Occupancy Family Day Care Home Activity Holiday Apartments (max.2/3 storeys) Home Activity Integrated Development Local Utilities Multiple Dwellings (max.2/3 storeys) Park Relative’s Accommodation Temporary Land & House Sales Office

Accommodation Units Bed and Breakfast Accommodation Community Care Centre Display Home Dual Occupancy Holiday Apartments (max. 2/3 storeys) Integrated Development Minor Building Work in respect of any development specified in Column 3 where that development exists on the site and has been lawfully established. Multiple Dwellings (max. 2/3 storeys) Night Tennis Court Retirement Village

Any development other than that referred to in Columns 1 & 2 Note: development of shops and other retail developments will be assessed against the Centres Planning Strategy.

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1.2.3.1 Development of Dual Occupancy, Holiday

Apartments (Max. 2/3 storeys), Integrated Development, Multiple Dwellings (Max 2/3 storeys), Accommodation Units and Retirement Village

The Development of Dual Occupancy, Holiday Apartments

(Max. 2/3 storeys), Integrated Development, Multiple Dwellings (max 2/3 storeys) Accommodation Units and Retirement Village in the Medium Density Tourist Area is also subject to the following requirements set out in 1.2.3.1 A, B, C & D:

1.2.3.1A Water Supply and Sewerage

The applicant is to contribute in accordance with

Council’s Policy provided for as per section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water and sewerage headworks.

The contributions must be paid at the rates

applicable at the time of payment. Payment is required prior to the issuing of a Development Permit for Building Works and/or prior to the issuing of a Development Permit for Reconfiguring a Lot and/or as per conditions of a further Development Permit for a Material Change of Use (Code or Impact).

1.2.3.1B Traffic Management Contributions

The applicant/owner must contribute towards Council’s Traffic Management/Road Upgrading Program in accordance with Cairns City Council Traffic Management Plans.


time of payment. Payment is required prior to approval and dating the plan of survey for reconfiguration development or as per conditions of a further Development Permit for a Material Change of Use (Code or Impact Assessment).

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1.2.3.1C Drainage Management Contributions

The applicant/owner must contribute towards the augmentation of stormwater drainage services and associated services in accordance with the Drainage Management Plan prepared for the subject creek systems.


time of payment. Payment is required prior to approval and dating the plan of survey for reconfiguration development and/or prior to the issue of a development permit for carrying out building work.

1.2.3.1D Performance Standards The development of a dual occupancy must comply

with the provision requirements of the Planning Scheme for the Balance of the City of Cairns, Part D Section 3.10 and Part E Section 3.0.

The development of Integrated Development and

Multiple Dwellings (max 2/3 storeys) must comply with the provision requirements of the Planning Scheme for the Balance of the City of Cairns, Part D Section 2.0 and Part E Section 3.0.

The development of Holiday Apartments (Max. 2/3

storeys), must comply with the provision requirements of the Planning Scheme for the Balance of the City of Cairns, Part D Section 3.11 and Part E Section 3.0.

d.1.2.4 Tourist Resort Area

The Tourist Resort Area includes land of environmental

character that provides opportunity for tourist developments that are able to integrate with the natural environment.

It is intended that this area only be developed for integrated

tourist resorts which contain a mix of tourist uses such as accommodation, entertainment, sport and recreation facilities, restaurants/bars and boutique shops. Development in this area is intended to have a maximum height of 11.5 metres or 3 storeys and is to provide for a population density of approximately 120 persons per hectare.

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Due to the environmental character of this area it is intended

that all development shall be subject to a level of assessment.


Development


Development


Development Tourist Resort Area

Nil Park Tourist Resort (including Holiday Apartments where they form part of a Tourist Resort) Temporary Land & House Sales Office


e.1.2.5. Commercial Node The Commercial Node is intended to provide for a range of

commercial, retail and recreational uses. It is envisaged that development in this node will include

restaurants, cafes and shops primarily aimed at satisfying the convenience shopping needs of tourists and visitors to the beachfront.

Recreational facilities such as outdoor entertainment and

function centres are also considered to be appropriate in this area, subject to conditions ensuring the protection of the local amenity.

The built form of the commercial node is to have a maximum

height of 10 metres.


Development


Development


Development Commercial Node Car Park

*Catering Shop *Commercial premises Indoor Entertainment

Caretaker’s Residence Community Care Centre Function Centre


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Area Column 1



Development


Development *Local Store

Local Utilities Park Public Building Public Purpose Public Utilities *Restaurant *Shop Temporary Land and House Sales Office * The accumulated gross floor area is not to exceed 570 800m².

Minor Building Work in respect of any development specified in Column 3 where that development exists on the site and has been lawfully established. Outdoor Entertainment Tourist Attraction and Facilities

f.1.2.6 Parkland/Bushland

This designation includes all the natural vegetation and creek

areas contained within the site which are to be retained and enhanced as part of the Precinct Master Plan. The Parkland/Bushland designation contains approximately 18.2 hectares and represents approximately 30% of the total site area. These areas are intended to provide for the passive outdoor recreational requirements of the residents and visitors to the area. It is envisaged that large areas of parkland/bushland will be transferred to public ownership.

It is not intended that any development, with the exception of

parks and associated recreation facilities, is to occur in any parkland/bushland areas retained in private ownership.

Area Column 1



Development


Development Parkland/Bushland Park

Public Utilities Sport and Recreation

Night Tennis Court Any development other than that referred to in Columns 1 & 2

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g.1.2.7 Sensitive Environmental Areas This designation includes foreshore areas of environmental

and ecological value which are intended to be retained and enhanced as part of the Precinct Master Plan. These areas are generally to be retained in their natural state, with any development being limited to boardwalks and interpretive facilities. This low key form of development, allowing public access to the beachfront, is the only form of development envisaged in this area.

These foreshore areas may or may not be will be transferred

to public ownership, given the adjacent public Esplanade foreshore, prior to the completion of development in Precinct 4. The issue of land tenure over these areas will be a matter of negotiation between the applicant and Council, either in association with the application or at a later date when the form of development in the area is known.

Area Column 1



Development


Development Sensitive Environmental Area

Park

Nil Any development other than that referred to in Columns 1 & 2

h.1.2.8. Public Access and Facilities This area is intended to be developed to provide public

access to the beachfront. It is envisaged that the development of this area will include public car parking, park, public toilet facilities and picnic facilities.

Ultimately it is envisaged that this area will become public

land under the ownership of Council.


Development


Development


Development Public Access and Facilities

Car Park Local Utilities Park Public Purpose

Nil Any development other than that referred to in Columns 1 & 2

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3. Condition 2 be amended as follows: 2. The applicant/owner must at all times during the development of

the subject land carry out the development and construction of any building thereon and conduct the approved use generally in accordance with:

a. The approved plans, incorporated in The Balatox

Development Plan, being: i. The Precinct Master Plan – DWG 742-S4 B dated April

2002 and prepared by Clarke and Prince; ii. Indicative Landscape Plan – DWG 742-S5A dated 21

June, 2001 and prepared by Clarke and Prince; and iii. Indicative Pedestrian, Bicycle and Vehicular Access Plan

– DWG 742-S6A dated 21 June 2001 and prepared by Clarke and Prince.

including drawing numbers 42-S4 - 42-S6 (inclusive)

prepared by Clarke and Prince, dated 15/02/01 in addition to drawing number S78, prepared by Clarke and Prince and dated 21/06/01.

b. The plans, specifications, facts and circumstances as set out

in the application submitted to Council; and c. The provisions of Council’s Development Manual,

Except where modified by the table of developments and

conditions of approval and any consent or endorsement issued thereunder; and any consent or endorsement issued pursuant to these conditions of approval.

4. Condition 7 be amended as follows: 7. No interference is to occur with the gully environments to ensure

that they are retained as wildlife corridors, lateral vegetation screens and effective drainage systems. The retention of the existing vegetation within the gully environments as shown on the Precinct Master Plan – DWG 742-S4B and approved plan No. S7A, dated 21/06/01 revision dated April 2002 and prepared by Clarke and Prince Pty Ltd shall be indicated on future layout and landscape plans.

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5. Condition 12 be amended as follows: 12. At the time of future subdivision of the subject land, the

applicant/owner must transfer to the Crown ten (10) percent of the gross area of the entire subject site for public garden and recreation space in accordance with the requirements of Council's Planning Scheme and Section 5.6 of the Local Government (Planning and Environment) Act 1990. The location of the park is to be determined at the time of a future reconfiguring a lot application and is to be transferred to the Crown at the same time as registering the survey plans with the Department of Natural Resources and Mines.

6. Condition 13 be amended as follows: Water Supply and Sewerage 13. The applicant is to contribute in accordance with Council’s Policy

provided for as per section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water and sewerage headworks.

The contributions must be paid at the rates applicable at the time

of payment. Payment is required prior to the issuing of a Development Permit for Building Works and/or prior to the issuing of a Development Permit for Reconfiguring a Lot signing and dating of a Plan of Survey in respect to a Development Permit for Reconfiguring a Lot and/or as per conditions of a further Development Permit for a Material Change of Use (Code or Impact).

7. That condition 14 be amended as follows: Traffic Management Contributions 14. The applicant/owner must contribute towards Council’s Traffic

Management/Road Upgrading Program in accordance with Cairns City Council Traffic Management Plans.

The contribution rate is that which is current at the time of

payment. Payment is required prior to approval and dating the plan of survey for reconfiguration development or as per conditions of a further Development Permit for a Material Change of Use (Code or Impact Assessment). (Currently the contribution charge per ERA is $2,135.04 Dec02 RICI’d).

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8. That Condition 15 be amended as follows: Developer Credit for Network Road Construction.

15. The applicant/owner must obtain permission from the Chief Executive Officer for the construction of any network road. The extent of roadwork for construction and value of developer’s contributions credit for such works must be determined by the Chief Executive Officer prior to the approval of a Development Permit to carry out Operational Works. Credit for network road construction is also to include the land value for any road reserve dedicated.

9. That Condition 16 be amended as follows: Dedication of Road Reserve

16. The applicant/owner must, at their own cost, dedicate a fourteen

(14)-metre wide road reserve over the future inter-suburban road alignment along the northern boundary of the subject land of proposed Lot 22. Details regarding the timing of the construction, dedication and costings are to be submitted and approved by the Chief Executive Officer when the first application for reconfiguring a lot is submitted for the subject site. The value of the land dedicated for this purpose and the works constructed thereon can be credited towards the required payment for contributions under Council’s Traffic Management Plan, Road Upgrading Program.

10. That Conditions 17 be amended as follows: Linden Street Extension

17. The applicant/owner must provide a bridge crossing over

Delaney’s Creek to cater for the future extension of Linden Street. The Applicant must contribute 50% of the cost of construction for a culvert crossing with an ARI 10 year immunity including the cost of road pavement and seal. A Landscaping/barrier treatment must be provided to prohibit public vehicle accessing the portion of Precinct 1 located in the northern portion of Precinct 1 via Linden Street. The design of the extension must be consistent in width with Linden Street at the junction point of Linden Street and the junction point of the roads constructed on the subject site. The extension must be designed to have regard and respect to significant vegetation in this area and the design developed through discussion with Council’s Environmental Planner to the satisfaction of the Chief Executive Officer.

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The bridge crossing, extension and landscaping/barrier treatment must be provided prior to the approval and dating of survey plans for the development of land on the southern side of Delaney Creek in Precinct 1 200th lot on the site or the completion of reconfiguration for precinct 1, whichever occurs first.

11. Condition 18 be amended as follows: 18. Provision of connecting roads to Triton Street and Linden Street; a. The applicant/landowner shall dedicate road reserve, to

provide for the continuous road link connection of internal roads, in accordance with the development proposal plan S7A dated 21 June 2001, Precinct Master Plan – DWG 742-S4B dated April 2002, between Triton Street in Palm Cove and Linden Street in Clifton Beach and subject to the design requirements of Condition 17 above. The above required road reserve shall be dedicated prior to, or in conjunction with, the registration of the plan of subdivision for the adjacent stage of subdivision.

b. The applicant/owner shall provide road, pedestrian and

bicycle infrastructure within the above road reserve to Cairns City Council’s requirements and time frames.

12. A new condition 19 be included

19. Where works under the development proposal, namely Condition 17 above, create a credit to the applicant, then the applicant/owner must enter into a development agreement with Council. The development agreement must outline the terms which outlines the agreement including the estimate of cost of works, timing and repayment arrangements. The developer agreement must be entered into prior to the commencement of any works in association with Condition 17 (for which a credit is to be achieved) to the satisfaction of the Chief Executive Officer. All costs encumbered by Council in creating and executing the development agreement must be borne by the Applicant.

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13. The existing conditions 19 and 22 be deleted and a new condition 19 (now Condition 20) be included:

Drainage Management Plan and Contributions 19. 20. A Drainage Management Plan is required to cover the

necessary works and management practices within the Sweet Creek / Delaney’s Creek systems. The applicant / owner must prepare this Drainage Management Plan for the creek systems and the cost of the plan must be approved by the Chief Executive Officer prior to work commencing on the plan, and then credited against the contributions payable by the applicant / owner with the plan when the works are completed.

The Drainage Management Plan must be submitted to and

endorsed by the Chief Executive Officer and Agreement reached regarding contributions and works prior to submission for an application for a Development Permit for Operational Works for the reconfiguration and/or prior to issue of a Development Permit for carrying out Building Works and/or prior to the commencement of the use.

The applicant/ owner must contribute towards the augmentation of

stormwater drainage services and associated services in accordance with the Drainage Management Plan.

The applicant may elect to design, document and construct parts

of the work required by the plan, and gain credits for the value of those works (not exceeding fair market value) against contributions due.

The contribution rate is that which is current at the time of

payment. Payment is required prior to approval and dating the plan of survey for reconfiguration and/or prior to the issue of a Development Permit for Carrying Out Building Work.

14. That Condition 20 (now Condition 21) be amended as follows: 20.21.At the time of a future reconfiguration application, the

applicant/owner must arrange for the transfer of a drainage reserve to Council or the registration of a drainage easement over the sections of creek which are located within the subject property. The determination of whether a drainage reserve or easement is most appropriate for the various creek systems on the subject site will be determined at the future reconfiguration stage. The width of land to be transferred (easement/reserve) shall contain:

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a. for perennial streams, creeks or watercourses: all land below

the top of the high bank and a twenty (20) metre minimum wide strip adjacent the top of bank on both sides of the creek, or the limit of Q100 flooding, whichever is the greater.

b. for non-perennial streams, creeks or watercourses: all land

below the top of the high bank and a ten (10) metre minimum wide strip adjacent the top of bank on both sides of the creek, drainage lines identified within the Precinct Plan DWG: 742-34B (revision date April 2002) or the limit of Q100 flooding, whichever is the greater.

The land (easement/reserve) shall be transferred or registered in

conjunction with the registration of the Plan of Survey. 15. That Condition 21 (now Condition 22) be amended as follows: Drainage Easement/Reserves Over Land Excluded from the

Bushland/Parkland Precinct. 21.22.a. Prior to the submission of an application for reconfiguration

of land within Precinct 1, the applicant must prepare in consultation with Council’s Environmental Planner a register of significant vegetation within Precinct 1 to the satisfaction of the Chief Executive Officer. In particular the register must survey the vegetation within. The applicant/owner must arrange for the transfer to Council a drainage reserve over the drainage line tributary of Delaney’s Creek that is located within Precinct 1 immediately east of the Wild World restaurant and is not included in a bushland/parkland area in the Master Plan. The width of the land to be transferred shall contain all land below the top of the high bank and a twenty (20) metre minimum wide strip adjacent to the top of the bank on both sides of the creek, or the limit of Q100 flooding, whichever is the greater. The land shall be transferred in conjunction with the registration of a Plan of Survey for allotments that adjoin the creek.

Any future applications for the creation of allotments that adjoin a

creek system that have not been included within the bushland/parkland area as shown on the Precinct Master Plan will require an environmental covenant or drainage easement to be registered with Council. The requirement for a covenant or easement shall be ascertained during the assessment period of any future application for reconfiguring a lot where the subject site adjoins a creek system that is not included within the bushland/parkland area.

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b. Any future application for reconfiguration of land within

Precinct 1 must have regard to the register of significant vegetation whereby the design of the lot layout ensures that significant vegetation is located in areas of public space (i.e. parks, reserves, road reserves) or located within future allotments adjacent to boundaries and clear of any potential building area and are protected by an environmental covenant to be registered with Council.

16. Condition 28 be amended as follows: 28. All habitable floor levels in all buildings must be located 300

150mm above the Q100 flood immunity level or the minimum fill level of 3.40 metres AHD plus any hydraulic grade effect (whichever is the greater), in accordance with Development Manual Guidelines and Planning Scheme requirements.

17. The following additional advice statements accompany the approval:

7. Areas with immunity above the 5 year ARI event will be credited against park contribution.

8. The “Parkland / Bushland” precinct identified in the Balatox

Master Plan are areas of land that contribute to the park land required under Condition 12.

9. In respect to the requirements of Condition 14, 15 and 16 above,

Traffic Management Contributions, Council acknowledges that the current applicable rate for traffic contribution applying to the Palm Cove catchment is $2,100/ERA. The amount of credit will be determined at the time application is lodged for a Development Permit to Carry out Building Work. Based on the contribution rate of $2,100/ERA the site currently has credit of 434ERA in respect to land dedicated and works constructed in accordance with the current proposal and traffic contribution rate applying to the Palm Cove catchment. These works/land dedication are in respect to the construction of the Triton Street extension / Sweet Creek crossing and dedication of land on which a network road connection from Triton Street to the Captain Cook Highway will be constructed.

18. All other conditions of the approval issued by Council on 19 February

2002 remain unchanged. B. Council’s solicitors be advised to forward copy of the proposed conditions

to the applicant and the co-respondent to the appeal.

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C. That Council takes carriage (including the incursion of costs) of the appeal

by the applicant, Balatox Pty Ltd ACN 010 697 088 against the State of Queensland against the whole of the decision of the Respondent, made on 28 October 2002, to refuse an application by the Appellant for a Development Permit for Operational Works (Clearing of native vegetation on freehold land) on Lot 2 on RP732379, Parish of Smithfield, County of Nares.

EXECUTIVE SUMMARY: Council at its Planning, Development and Community Services Committee held on 12 February 2002 resolved to issue a Preliminary Approval for the redevelopment of the site subject to numerous conditions. Since this resolution, the applicant’s representative pursued discussions with Council Officers to negotiate the conditions of the approval. No formal application was lodged within the IPA timeframes for the negotiated conditions and the applicant has lodged an appeal, to protect its rights, with the view of resolving the conditions. One submitting party, CAFNEC, has notified the Planning and Environment Court that it wishes to be a co-respondent to the appeal. The majority of proposed amendments are minor and considered appropriate. The applicant raised concern with the imposition to construct a crossing over Delaney Creek. The applicant has indicated in “without prejudice” discussions that it has no concern with the intent of the condition, however due to the physical constraints of the site additional costs will be incurred. The applicant requests that it be required to contribute only a proportion of this ‘additional’ cost. Given the unusual site circumstances it is recommended that the applicant contribute a fair and reasonable proportion of the “additional” costs and that the shortfall in funds be allocated from Council’s budget for City Works in the financial year subsequent to works being undertaken. CAFNEC’s original submission raised concern with the development of a vehicle crossing over Delaney Creek. Concern has also been raised by the Department of Natural Resources and Mines as to the suitability of the proposed Linden Street extension over an area since identified as a Regional Endangered Ecosystem by the Vegetation Management Act. The applicant has sought an approval for operational works to develop the Linden Street extension. The DNR&M has refused the application for operational works and the applicant has lodged an appeal against that refusal. The proposed Linden Street extension forms part of Council’s strategic objective for inter-suburban connectivity. It is appropriate that given the implications to Council’s Strategic Plan that Council now takes carriage of that appeal including costs.

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TOWN PLANNING CONSIDERATIONS: Decision Notice – Description of Proposal The applicant has requested that the description of the proposal make reference to the Development Permit. Officer’s Comment No concern is raised with the request. Proposal: Preliminary Approval for a Material Change of use in accordance with

Section 3.1.6 of the Integrated Planning Act 1997 to facilitate development in accordance with a Precinct Master Plan and Development Permit for a Boundary Realignment.

Condition 1 – Description of Use The applicant notes that the condition reproduces part of the Balatox Development Plan dealing with land use areas, but is does not reference the Precinct Master Plan and the description of each of the four precincts. The applicant requests that the condition be amended to make reference to these documents. The proposed condition excludes incidental, descriptive material such as the parties involved in developing the Master Plan. It has been suggested by the applicant that the table of uses for the precincts include the Multiple Dwellings / Holiday Apartments (max 4 storeys) where the uses Multiple Dwellings / Holiday Apartments (max 2/3 storeys) are listed. Officer’s Comment Concern is raised with a simple reference inclusion. It is agreed that the Decision Notice should be a stand-alone document and contain all the required details. It is therefore recommended that the development plan, including the Master Plan be included in Condition 1 and exclude the incidental descriptions accordingly. It is not considered appropriate that the precincts include the Multiple Dwellings / Holiday Apartments (max 4 storeys) where the uses Multiple Dwellings / Holiday Apartments (max 2/3 storeys) are listed. The application was considered only as maximum 3 storey development throughout the public notification stage and Council’s consideration. Such variation is not considered minor. Description of Precinct 1 The applicant seeks that Precinct 1 be developed primarily for conventional residential dwellings and that a small area of land be considered appropriate for commercial uses that would serve the local resident population. The application had originally proposed that these matters could be addressed by inclusion in the relevant Table of Development. Taking into account Council’s concern of any further commercial development in respect to an as yet undetermined “need” the applicant now suggests that the description to Precinct 1 be amended as follows and reference to the particular uses be deleted from the respective Table of Development.

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Applicant’s Suggestion: Precinct 1 is intended to be developed primarily for conventional residential housing, in the form of single detached dwellings. Precinct 1 However, it also includes a small area of land at the entry to the precinct that provides for the development of mixed residential density development and also has additional use rights to permit a range of commercial uses. is also proposed, in the future, to provide for a range of commercial uses, such as: Catering Shop, Commercial Premises, Hardware Store, Laundromat, Local Store, Medical Centre, Restaurant, Service Industry, Shop, Veterinary Clinic and the like. It is intended that any commercial development in this area, which is identified on the Precinct Master Plan by an asterisk, will function as a local centre for the surrounding residential area. On this basis, the need for commercial services at this location will be determined by the uptake of residential development in the surrounding residential area. Officer’s Comment Given the recent findings of the Council’s review of the Centres Strategy concern was raised by officers that there is currently no established need for this commercial area in Precinct 1. Therefore the description of Precinct 1 should be suitably worded to include a requirement for a needs assessment. “residential area … in association with development applications to Council and accompanied by a needs assessment identifying that such a need exists and is warranted.” Dual Occupancy and Medium Density Residential Development The applicant had proposed that “Dual Occupancy” development be included as a self-assessable use in the Mixed Residential Housing Area and that the uses of “Dual Occupancy, Holiday Apartments (max 2/3 storeys), Integrated Development, and Multiple Dwellings (max 2/3 storeys)” be included as self-assessable development in the Medium Density Tourist Area. The applicant had sought consistency between the Mixed Residential Housing Area and the current Planning Scheme zone of Residential 2; and consistency between the Medium Density Tourist Area and the Residential 3 / Tourism Development Area zone.

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The applicant has also requested the inclusion of “Multiple Dwellings (max 2 storeys)” as a Code Assessable use in the Mixed Residential Housing Area and the uses of “Night Tennis Court, Restaurant and Retirement Village” as Code Assessable uses in the Medium Density Tourist Area. Officer’s Comment Concern had been raised to the consistency of residential development on this site and those in the standard Residential zones of the Scheme. Provided suitable conditions stipulate compliance with the Scheme’s performance requirements and payment of developer contributions, the uses can be self-assessable. It is recommended that the uses be included in the Column 1, self-assessable uses with additional conditions attached to the relevant table of development. It would appear that Council’s previous consideration did not fully review all the proposed uses. In regards to the Mixed Residential Housing Area no concern is raised with “Multiple Dwellings (max. 2 storeys)” included as a Code Assessable use provided developer contributions are applicable. Given the nature of the Medium Density Tourist Area the use of a “Night Tennis Court” is an appropriate Code Assessable use. A “Retirement Village” is an appropriate Code Assessable use provided it is accompanied by developer contributions. The use “Accommodation Units” should also be accompanied by developer contributions. Concern is raised with the inclusion of “Restaurant” as Code Assessable use as this would be inconsistent with the area description. Such use should be impact assessable. Condition 1 – Inclusion Additional Uses in The Tourist Resort Area The applicant has requested that the uses of Temporary Land and House Sales Office, Multiple Dwellings and Holiday Apartments be included as self-assessable uses in the Tourist Resort Area. The reasoning being that tourist resorts are currently built with self-contained units and the units sold individually. The definition of Tourist Resort does not include Holiday Apartments. The selling of units “off the plan” requires an on-site sales office which is a temporary structure. In the other precincts the use of Temporary Land and House Sales Office is self-assessable. Officer’s Comment Concern is raised with the proposal to include the additional uses as self-assessable uses. No uses in this precinct are self-assessable. All development is considered as code assessable so that an assessment can be made of the particular development and siting. This is in regards to the adjacent sensitive conservation area. The use of Temporary Land and House Sales Office can be considered as a Code Assessable development. The definition of Tourist Resort includes Multiple Dwellings and therefore there is no need to include this as a separate use. The development of Holiday Apartments in this precinct is only appropriate where they form part of a Tourist Resort. To this extent they can be included as a component of the use Tourist Resort.

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Condition 1 – Maximum Floor Area for Commercial Node The condition 1 of the approval limits the floor area for particular commercial uses in the Commercial Node to 570m2. The applicant initially requested Council amend the condition whereby all commercial uses are restricted to a total floor area of 1,000m2 in the Commercial Node. This request has since been reduced to 800m2. The applicant claims that there will be a demand for increased retail floor area in this immediate area of Palm Cove and that this demand should be provided in the subject development. Officer’s Comment The original application submitted to Council nominated a required retail floor area of some 950m2 to cater for a population of 3,100 persons (residents and visitors). The application was not accompanied by any detailed economic analysis report. At that time the most recent retail analysis was the Cairns Centres Strategy. Since the lodgement of the application Council has commissioned a review of the Centres Strategy with specific regard to be given to the Northern Beaches commercial centres. Given the proximity of the site away from the main commercial strip of Palm Cove and close to the adjacent, proposed tourist resorts in Triton Street (Lot 4 – the new “Palace” development; and Lot 5 – the new “Sea Temple” development) it is appropriate that these additional populations be considered as contributing to the tourist population served by the subject development. The three developments will yield a combined tourist population of some 2630 persons and it is appropriate to apply the floor area rate from the recently undertaken review of the Northern Beaches commercial centres of 0.3m2 per person. This results in a required demand of some 780m2 and this figure is rounded up to 800m2 in the table of development for the Commercial Node. It is recommended that the condition be amended accordingly. Condition 1 – Transfer of land to Public Ownership The Beach Protection Authority has raised concern with the transfer to public ownership of the land adjacent to the public Esplanade foreshore. The BPA had requested, through an application for a road opening being considered by the Authority as a separate matter, that the transfer occur prior to development. As the final form of this area will not be designed until the lodging of a Development Permit the transfer is considered premature. The applicant has no concerns with the transfer of the land at a suitable time and has agreed to reword the condition so the land is transferred at the completion of the development in precinct 4, the Sensitive Environmental Area. Officer’s Comment No concern is raised with the proposed rewording. Condition 2 – Reference to Master Plan The applicant has requested that the condition should make reference to the Precinct Master Plan nominated with a drawing date “to be advised.” The applicant has also requested that the reference not include the indicative landscape plan and the indicative pedestrian, bicycle and vehicular access plan.

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Officer’s Comment No concern is raised with the making reference to the Precinct Master Plan; however, the reference should have regard to the plan approved by Council. It is appropriate that the indicative plans be included. Conditions 3-6 - No changes are proposed Conditions 7 & 18 – Reference to Plans The applicant has advised that the conditions refer to incorrect plans, being the detailed indicative layout plan instead of the Precinct Master Plan. The applicant requests that the conditions be amended to refer to, “The Precinct Master Plan – DWG 742-S4 A date (to be advised), 2002.” Officer’s Comment It is acknowledged that the conditions should be amended and refer to the Precinct Master Plan; however, the particular plan should acknowledge the specific plan. Conditions 8, 9 10 and 11 – No Changes Condition 12 - Parkland Contribution The condition requires the applicant to contribute 10% of the gross area of land for park purposes. The development plan proposes some 61 hectares, which is 30% of the land to be nominated as park and drainage areas in the ‘parkland precincts”. The applicant acknowledges that the open space and “parkland precincts’ will contain a significant area for drainage reserve and that land within the drainage reserves with a flood immunity above the 5 year ARI are also suitable for passive recreation purposes. Given the significant area of “Parkland Precincts” nominated, the applicant reasons that there is no need for the condition requirement and requests that the condition be deleted and an advisory note be included with the Decision Notice declaring that the required dedication has been achieved and that no further park will be required. Officer’s Comment The applicant’s request is noted, however, it is appropriate that the condition remains and acknowledges that the approval required the provision of park. The condition can include clarification that the 10 percent of the site area has regard to the “entire” site. Further, an additional advisory note can attach to the Decision Notice identifying the location of the contributed parkland and identifying within the “Parkland Precincts” the park contribution, the drainage reserve and any dual purpose areas.

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Condition 13 - Water Supply and Sewerage Headworks The condition currently requires the payment of headwork contributions at the time of the issue of a Development Permit for reconfiguration. The applicant states that this is not in accordance with Council’s Policy which generally requires the payment prior to the endorsement of the Plan of Subdivision. The applicant suggests that the condition refer to timing of payment to be “in accordance with Council’s Policy.” Officer’s Comment Concern was raised in that some works may occur prior to the issue of a Development Permit for reconfiguration. It is better that the condition require payment at a specific time, rather than in accordance with a Council Policy that could be open to interpretation. It is therefore recommended that the condition be reworded to require payment either at the classification of building stage or the sealing of the Plan of Survey, which ever occurs first for the relevant works. Conditions 14, 15 & 16 Traffic Management Contributions The conditions require the applicant to contribute to the Traffic Management Plan for the Palm Cove area, and that certain works on road network infrastructure can be credited to the development, and a requirement to dedicate land for road reserve. The applicant has already made significant financial contributions to the road network infrastructure in respect to the construction of Triton Street and roads within the Balatox site. The actual costs associated with the works undertaken vary from the estimated expenditure identified in the Traffic Management Plan. In addition the measured lengths of existing work in the Traffic Management Plan appear to be in error, the revised scope was measured off plan and confirmed on site between Council Officers and the applicant. The existing Traffic Management Plan misses sections of upgrade work costs and fails to consider land acquisition costs. These matters result in the contribution value per ERA increasing from $1,263 to $2,100 ($2,135.04 Dec 02 RICI). The applicant has requested that Council acknowledge the new value. The applicant has already dedicated land and constructed works to the value of $912,000. Applying a contribution rate of $2,100/ERA this equates to 434 ERA. The applicant requests that Council acknowledge a credit of 434ERA applying to the site having regard to the required contribution of 602 ERA respective to the estimated traffic demand generated by the development. The applicant suggests the replacement of the existing three conditions with a single combined condition that recognises works already completed.

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Officer’s Comments The proposed combined condition repeats most of the requirements for condition 14 and 15, however the timing of payment respective to development/reconfiguration is not specified. Condition 16 currently nominates a particular location and width of road to be dedicated, whereas the proposed condition leaves an option open for the applicant to dedicate the land and construct the links. It is agreed that the condition can indicate that such dedication and/or road works be credited towards the Traffic Management Plan contributions, however, the required road should be described in the condition. Finally the applicant proposes an additional clause that recognises the work already constructed and the value of such work in the form of a specified number of ERA credits. Given that the value of the ERA contribution may change it is preferable that such recognition be included as an advice statement, not a condition of the approval. It is therefore recommended that the conditions remain but with further clarification to the wording and that an additional advice statement be included whereby Council recognises the value of the works and land dedication that has already occurred. Conditions 17 & 18 - Linden Street Extension and Road Connections. The conditions require the extension of Linden Street, from Clifton Beach, to connect to the proposed internal road network on the subject land and the construction of a bridge across Delaney’s Creek. While the applicant agrees that road connectivity is good planning practice, it raises objection to the costs associated with the linkage and the particular requirement for a “bridge.” The applicant suggests that the link can be achieved via a culvert crossing and has requested that the applicant be required to only pay its due share of costs, relative to the benefit to the subject development. It is suggested that the costs, created as a result of the physical impediments of the subject land, be shared between the applicant and Council. Officer’s Comment The connectivity of residential neighbourhoods in the northern beaches area is good planning practice and reflects a standard planning principle. It is noted that given the physical imposition of the vegetation on the site, and the waterway systems, that the desired connectivity is of a cost higher than would be normally expected. Further that the benefit of the connectivity goes beyond the residents of the subject land. To this extent it is considered reasonable that the applicant contribute to the cost of a standard road construction and a fair and reasonable proportion of the above standard costs resultant from the physical site constraints. This amounts to 50% of the total construction cost for the crossing and the applicant has indicated agreement to this percentage. Council’s share of the cost of the crossing over Delaney’s Creek cannot be sourced from the Traffic Management Plan contributions for Palm Cove as the subject road is not a “network” road. Costs would need to be sourced from general revenue funds, or as an Infrastructure Charge under the new Cairns Plan. A new condition 19 requires the developer to enter into an agreement with Council regarding the repayment of infrastructure credits. A separate Council resolution sources Council’s contribution from the budget for City Works in the financial year subsequent to the crossing being constructed.

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The subject path of the proposed road extension traverses an area recently mapped by the Department of Natural Resources and Mines as being an endangered regional ecosystem and that Operational Works – Tree Clearing approval is not normally available unless certain conditions apply. Concern has been raised by the submitter/co-respondent to the appeal, CAFNEC, that the vegetation at Linden Street is of significance that warrants retention without the imposition of road extension. An on-site inspection of the particular area was conducted with Council’s Environmental Planner, DNR&M’s Vegetation Management Officer and the EPA’s Botanist attending. The DNR&M and EPA officers commented that the DNR&M mapping of “endangered regional ecosystem” reflected the physical vegetation found on site. Having regard to these concerns, Council’s Environmental Planner is of the opinion that the Linden Street road extension could be developed through this area if the road design had careful regard and respect to the vegetation. The road design would meander through the vegetation and around individual significant species, rather than a straight cleared path. The Applicant has recently applied for an Operational Works - Tree Clearing approval under the Vegetation Management Act. Council supported the application as the works seek to achieve the requirements of the Strategic Plan. Concern is raised with the DNR&M refusal as it has failed to consider the strategic planning implications. The DNR&M decision is important for the subject development and also for other developments where the imposition of limitations to clearing by the Vegetation Management Act will have detrimental impacts on the desired outcomes of Council’s Strategic Plan. It is vital that Council challenge the refusal and qualify the standing of the Strategic Plan. It is therefore recommended that the conditions 17 & 18 be reworded to reflect these changes and that a further recommendation seeks Council’s approval to take carriage of the appeal against the DNR&M for its refusal including the incursion of associated costs. Conditions 20 & 21- Drainage Easements/Reserves Over Creeks and Streams The Conditions require drainage easements over the creeks and seek development restrictions for both perennial and non-perennial streams, creeks and watercourses. The applicant has queried Council’s implication that perennial watercourses, as defined by the Planning Scheme, exist on the property. The applicant contests this implication and the imposition of 20 metre setbacks from the top of creek bank. Concern was also raised as to whether the watercourse, east of the entrance to Wild World should have a drainage reserve setback applied. The applicant argues that it does not have merit as a drainage entity on the land. The applicant suggests that the two conditions be replaced with a single, encompassing condition that seeks a 10m setback from the top of bank for all drainage corridors and open space corridors. Further, that prior to the lodgement of any reconfiguration application for Precinct 1 significant vegetation be identified and the lots be reconfigured to ensure that significant vegetation is located in areas of public space or located within future allotments adjacent to boundaries and clear of any potential building area.

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The applicant has also requested that areas with immunity above the 5 year ARI event will be credited against park contribution. Officer’s Comment The description of perennial and non-perennial watercourses is discussed in Part H, Section 3.3, Flooding and Drainage, of the Planning Scheme and refers to, “...a stream, creek, watercourse that is a perennial stream, such as the Barron River, Redden Creek, Thomatis Creek, Freshwater Creek…”. For such watercourses the Scheme requires a 20 metre setback beyond the high bank. Where the watercouse is not perennial, the Scheme requires a 10 metre setback. Under the Scheme requirements it is appropriate that the setback of 10 metres apply to the watercourses on the subject land. Concern has been raised by officers for the existing established significant vegetation, including stands of melaleuca trees, that lie in the “watercourse” east of the Wild World entrance and that this should be assessed and protected. It is recommended that Conditions 20 and 21 be reworded to provide a setback of 10 metres for non-perennial watercourses and to provide for the protection of significant vegetation. In respect to the consideration of areas with immunity above the 5 year ARI event being credited against park contribution, it is appropriate that this be included as an additional advice statement. Conditions 19 & 22 - Requirement For A Drainage Management Plan and Drainage Contributions Condition 19 makes reference to a Drainage Management Plan that does not as yet exist. Condition 22 requires the applicant to prepare a Drainage Management Plan for the site and surrounding area. It is suggested that the two conditions be replaced by a single condition requiring the applicant to firstly develop a Drainage Management Plan and secondly to contribute in accordance with that plan. There is no change to the content of the conditions other than the two conditions being combined into the one. Officer’s Comment The applicant’s suggestion is concurred with. Conditions 23-27 inclusive - no changes proposed Condition 28 - Minimum Fill And Habitable Floor Levels (Site Below 4.5m AHD) The condition requires all habitable floor levels to be 300mm above the Q100 flood immunity level. However, the Scheme requires that the floor level be only 150mm above the Q100 level. The Applicant requests that the condition be amended to be consistent with the Scheme requirement.

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Officer’s Comment No concerns are raised with amending the condition. Conditions 29 – 30 - No changes proposed Development Permit For Reconfiguring a Lot No Change to Conditions 1a and 1b inclusive. Jenny Elphinstone Senior Planner Action Officer N A L Huddy Acting Manager – City Assessment

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APPENDIX 1 – The Balatox Precinct Master Plan

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ORDINARY MEETING

18 DECEMBER 2002

22 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – EXTENSION TO EXISTING DUPLEX – 9 GUMMOW CLOSE, WHITFIELD Anna Cronin: 8/8/414-01: #567218 PROPOSAL: EXTENSIONS TO EXISTING DUPLEX APPLICANT: LYN AND DARRIN LEONARD 9 GUMMOW CLOSE WHITFIELD QLD 4870 LOCATION: 9 GUMMOW CLOSE, WHITFIELD PROPERTY: LOT 69 ON RP712727, PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: LOW DENSITY RESIDENTIAL DCP: DCP 1 – RESIDENTIAL DENSITIES – 60

PERSONS PER HECTARE DCP 2 – HEIGHT AND IMPACT OF BUILDINGS –

PRECINCT 6 REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NONE APPLICABLE STATUTORY ASSESSMENT DEADLINE: 8 JANUARY 2002 DIVISION: 8 APPENDIX: 1. SITE LAYOUT PLAN AND ELEVATIONS

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LOCALITY PLAN

RECOMMENDATION: That Council approve the application for a Material Change of Use (Impact Assessment) for the development of extensions to an existing Duplex on land described as Lot 69 on RP712727, Parish of Cairns, situated at 9 Gummow Street, Whitfield subject to the following: - Assessment Manager’s Conditions 1. The applicant/owner must at all times during the development of the subject


a. The approved Plan No. SK-1187(A) dated 22 August 2002, prepared by

Trinity Drafting Services Pty Ltd, attached as Appendix 1; b. The plans, specifications, facts and circumstances as set out in the

application submitted to Council; c. The provisions of Council’s Development Manual.

Except where modified by these conditions of approval.

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Timing of Effect 2. The conditions of the development permit must be effected prior to the


Parking Design 3. The carparking must be constructed in accordance with the approved plan

and Council’ s Development Manual specifications prior to commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer.

Access Driveway Requirements 4. The surface treatment of the proposed driveway servicing the new detached

dwelling shall be brick, concrete or pavers capable of being drained and maintained and is to be in keeping with the domestic residential scale of the locality.

Landscaping Plan and Screening 5. The applicant/owner must landscape the subject land and street frontage in

accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Building Works; and in particular, the plans shall include: -

a. Landscaping of required setback areas, being a minimum 3 metre wide

buffer to the front boundary of the site. Such buffer shall be planted and maintained with dense planting sufficient to provide definite and effective visual barrier; and

b. The screen fence between the dwelling units on the Gummow Street

frontage must be a maximum height of 1.8 metres and be consistent in terms of design and materials used for the approved extension. Details of the screen fence must be submitted as part of the landscape plan.

6. Areas to be landscaped must be established prior to the commencement of

the use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Water Saving 7. All toilets in the new extensions to the Duplex must be fitted with dual flush

cisterns and water flow regulators must be fitted to all shower recesses, bathrooms and kitchen facilities where applicable to generally restrict water flow to 9 litres of water per minute, all to the satisfaction of the Chief Executive Officer.

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Health 8. Refuse storage is required to service the site in accordance with Council’s

requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from Council’s Environmental Assessment Branch.

Construction 9. The applicant/owner must ensure that on completion of any on-site

construction works the subject land is maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer.

10. Dust resulting from construction work on the subject land is to be

suppressed at all times by the addition of water or other suitable means to prevent a dust nuisance to neighbouring areas.

Lawful Point of Discharge 11. The applicant/owner must ensure that the flow of all external stormwater

from the property is directed to a lawful point of discharge being Gummow Street frontage, such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Sewer Protection 12. The applicant/owner must site the proposed building such that the sewer is

a minimum of 1.5 metres away from the building and clear of the zone of influence from the footings and foundations of any building/structure, except where the building is less than 1.5 metres from the sewer on the approved plan, and the building footings and foundations are designed and constructed in accordance with Council's Development Manual and designed so as not to place any load on the sewer.

The details of the building footings adjacent to the sewer must be submitted

to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Building Work.

ADVICE 1. This approval, granted under the provisions of the Integrated Planning Act



www.ipa.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

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3. All building site managers must take all action necessary to ensure building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning is received and that the relevant emergency telephone contacts are provided to Council Officers, prior to the commencement of works.

EXECUTIVE SUMMARY: Council is receipt of an application for Material Change of Use (Impact Assessment) to facilitate the establishment of extensions to an existing Duplex. The proposed development complies with the performance standards and specific provisions of the Planning Scheme for the Part of the City of Cairns. In consideration of the nature of the proposed development, and provisions to ensure the proposed development will not adversely impact on existing residential properties, it is recommended that Council approve the application subject to reasonable and relevant conditions. PLANNING CONSIDERATIONS: Proposal The proposed development is for extensions to an existing Duplex. Each dwelling unit currently contains two bedrooms. The extensions to unit 1 (southern side) involve the addition of one bedroom and conversion of an existing bedroom to a dining room. The extensions to unit 2 (northern side) involve the addition of two bedrooms, ensuite, kitchen, rear patio, and internal renovations. A site layout plan and elevations are attached at Appendix 1, existing areas are shown as shaded. Strategic Plan/DCP The subject site is designated Low Density Residential Preferred Dominant Land Use in the Strategic Plan. The proposed development is generally in accordance with the intent of the Strategic Plan. The subject site is designated Residential A (60 persons per hectare) in Development Control Plan 1 – Residential Densities, which can accommodate a maximum of 7 persons with a site area of 1,292m2. The only forms of residential development that are permitted on sites with the Density Designations of Residential A1 and A are a detached dwelling, relatives accommodation, bed and breakfast accommodation and special residential use. Notwithstanding the Residential A constraints, the Duplex is an existing development that has been established for over 30 years, and has continuing use rights, which allows the ability to undertake minor extensions to the building.

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Traditionally such extensions would not be approved where the increase would be greater than 10% of the gross floor area. However, in this instance the proposal has been publicly advertised an no submissions received, thus giving weight to supporting the proposal. The proposed development complies with all requirements in Development Control Plan 2 – Height and Impact of Buildings. Land Zoning The subject site is included within the Residential zone in the Planning Scheme. The proposed development involves extensions to an existing Duplex and therefore is considered to be potentially compatible with the intent of the Residential zone. Public Notification/Submissions Notification of the application was conducted in accordance with the provisions of the Integrated Planning Act and no submissions were received. Impact of Proposal The matters identified in Section 6.1.29 (3) of the Integrated Planning Act as requiring Council’s consideration have been examined to the extent that they are relevant to the proposal. The Planning Scheme does not specify provisions relating to a Duplex and therefore the proposed development has been assessed on its merits using the Dual Occupancy provisions as a guide. Amenity The proposed development is likely to have minimal impact on the surrounding residential properties and will improve the cosmetic and structural appearance of the property, which will maintain the existing character and style of the existing Duplex and surrounding dwelling units. Each dwelling unit has ample private open space areas, including a rear patio area, and complies with the required setbacks from side and rear boundaries as outlined in the Standard Building Regulations. The extensions will be setback a minimum of 6 metres from the Gummow Street frontage and will provide improved on-site car parking spaces for the existing dwelling units, with the addition of one covered on-site car parking space for each dwelling. Although a vehicle-reversing bay is provided for each dwelling unit, it is not considered necessary and would be preferable to increase the landscaping buffer on the Gummow Street frontage. A condition will be included to this effect. Traffic The proposed development will have minimal impact on the existing road network. Each dwelling unit is currently serviced by a separate driveway, and reversing bays are not considered necessary given the length of each driveway and that the site is located in a close.

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In summary, the proposed development is appropriate for the subject land. It is recommended that Council support the proposal subject to reasonable and relevant conditions. HEADWORKS / CONTRIBUTIONS: The proposed development does not provide Council with an ability to apply contributions given that the proposal only involves minor extensions to an existing duplex. Anna Cronin Planning Officer Action Officer N A L HUDDY Acting Manager, City Assessment

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APPENDIX 1

247

ORDINARY MEETING

18 DECEMBER 2002

23 RECONFIGURING A LOT (1 LOT INTO 2 LOTS) - 60-92 COOK STREET, PORTSMITH Neil Beck: 8/13/546-01 : #564907 PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 2 LOTS) APPLICANT: NQEA AUSTRALIA PTY LTD C/- C & B GROUP PTY LTD P O BOX 1949 CAIRNS Q 4870 LOCATION: 60-92 COOK STREET, PORTSMITH PROPERTY: LOT 12 ON RP903204, PARISH OF CAIRNS ZONE: GENERAL INDUSTRY STRATEGIC PLAN: INDUSTRY DCP: DCP 2 – HEIGHT & IMPACT OF BUILDINGS -

PRECINCT 8 DCP 5 – CAIRNS PORT & MAJOR INDUSTRIAL

AREA REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS ENVIRONMENTAL PROTECTION AGENCY

(CONTAMINATED LANDS UNIT) NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 6 JANUARY, 2003 DIVISION: 5 APPENDIX: 1. PROPOSAL PLAN 2. FUTURE PROSAL PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council approve the application to reconfigure land described as Lot 12 on RP903204, Parish of Cairns located at 60 – 92 Cook Street, Portsmith into two (2) lots subject to the following conditions: - Assessment Manager Conditions 1. The proposed plan of reconfiguration being Drawing No. 7796-3 dated 14

October 2002 prepared by C & B Group is approved subject to any alterations:-

a. Found necessary by the Council at the time of examination of the

Engineering Plans or during the construction of the development because of particular engineering requirements;

b. To ensure that the development complies in all respects with the

requirements of Council's Development Manual and good engineering practice; and

c. To ensure compliance with the following conditions of approval.

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provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks. The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $6,781.03 (2.0 EDC’s) for water and $4,405.78 (2.0 EDC’s) for sewerage.

Payment is required prior to signing and endorsement of the survey plan.

Park Contribution in Lieu of Land 3. The applicant is to contribute $17,692.35 for the additional lot towards the


Filling within the Flood Plain : CBD and Environs Area (Zone 2) 4. The finished floor level of any new structures must be a minimum of 150mm

above the Q100 flood immunity level of 3.3 metres AHD, in accordance with requirements of Council’s Development Manual and Planning Scheme for Part of the City of Cairns.

Car Parking 5. The amount of vehicle car parking must be as specified in Council's

Planning Scheme which is 1 space per 90m2 of net lettable area for proposed Lot 1. The car parking must be constructed in accordance with Council's Development Manual specifications and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all car parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked. Car parking to service proposed Lot 1 must be constructed to the satisfaction of the Council Chief Executive Officer prior to approval and dating the Plan of Survey.

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from the property is directed to a lawful point of discharge being Cook Street or Comport Street such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Concurrence Agency Conditions Environmental Protection Agency – Contaminated Lands Unit 1. Lot 12 on RP903204 is listed on the Environmental Management Register

(EMR) for Notifiable Activity Number 33 – Scrap Yards (as defined in Schedule 2 of the Environmental Protection Act 1994). As such, all of the child parcels resulting from the reconfiguration of this lot will automatically be listed on the Environmental Management Register (EMR). It should be noted that if any of the child parcels have not been used for a Notifiable Activity an application should be made to the Registrar, Environmental Protection Agency (Contaminated Land Unit) to delete these parcels from the Environmental Management Register (EMR). This application must be accompanied by sufficient site history investigations to demonstrate that the child parcel has not been used for a Notifiable Activity.



2. At the time of submitting the survey plans for signing and dating, the applicant is to submit digital cadastral information in an Autocad dwg, Dxf or MapInfo mid/mif format. Media format for acceptance of digital information is preferably CD or disk. The applicant is to supply the data in Australian Map Grid (AMG) AGD 85 Zone 55. Where this is unavailable, the files should contain the surrounding/adjacent existing parcels or bounds of the subject parcel to enable identification/location of the data.



EXECUTIVE SUMMARY: An application has been received by Council to reconfigure land zoned General Industry into two (2) allotments located at 60 – 92 Cook Street, Portsmith.

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The application was forwarded to the Department of Main Roads and the Contaminated Lands Unit in accordance with the requirements of the Integrated Planning Act for comment. Conditions of approval were only forwarded by the Contaminated Lands Unit which are contained within the recommendation. The application is in accordance with the requirements to reconfigure land within the General Industry zone and approval of the application is recommended. TOWN PLANNING CONSIDERATIONS: Proposal The application is for the reconfiguration of land described as Lot 12 on RP903204 Parish Cairns having an area of approximately 8.08 hectares into two (2) lots. Proposed Lot 1 will contain the large shed used for the construction of large boats and will have a site area of 1.907 hectares whilst proposed Lot 2 will have a site area of 6.182 hectares and will contained a number of existing sheds and 177 car parking spaces located in the southern portion of the allotment. In total, the subject land is currently improved by 14 industrial sheds which provide approximately 18,160m2 of lettable floor space and associated offices. Employees of the various businesses and visitors to the site utilize the 177 car parking spaces located in the southern portion of the allotment. A proposal plan is attached as Appendix 1. The truncations located in the northern portion of proposed Lot 1 is to enable the further reconfiguration of proposed Lot 2 should the applicant wish to do so. Whilst the subject application seeks to reconfigure the parcel into two (2) allotments, a possible future plan of reconfiguration of the balance parcel being proposed Lot 2 is contained at Appendix 2. Strategic Plan/DCP The prosed reconfiguration is in accordance with the Strategic Plan and Development Control Plan 5 – Cairns Port and major Industrial areas as the subject land is currently being utilised and will continue to be utilised for heavy industrial purposes. Land Zoning The minimum lot size for land zoned General Industry in the Planning Scheme for Part of the City of Cairns is 2000m2. The proposal is able to comply with the minimum area and dimensions of the Planning Scheme for land zoned General Industry. The ability of the existing premises to comply with the specific planning provisions for development in the General Industry zone will not be altered by the reconfiguration of Lot 12.

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Car Parking The existing car park located in the southern portion of the parent parcel was utilised to service all business contained on Lot 12. As a consequence of the proposed development, all car parking will be contained within proposed Lot 2. In order to ensure that each proposed allotment is a stand alone allotment, a recommended condition of approval requires the applicant to construct the necessary car parking spaces generated by the existing built form on proposed Lot 1 prior to Council signing and dating the Plan of Survey. HEADWORKS / CONTRIBUTIONS:

Element Comment Calculation Contribution Water Supply

District 4: $3,665.18/EDC 2 Industrial Lots – 4.0 EDC Less credit for: (existing) 1 Industrial lot – 2.0 EDC Net Demand: 2.0 EDC

2.0EDC’s x $3,3390.51

$6,781.03

Sewerage District 4: $3,665.18/EDC 2 Industrial Lots – 4.0 EDC Less credit for: (existing) 1 Industrial lot – 2.0 EDC Net Demand: 2.0 EDC

2.0EDC’s x $2,202.89

$4,405.78

Traffic No contributions applicable under the Cairns TMP Not Applicable

Nil

Drainage No contributions applicable Not Applicable

Nil

Open Space

UCV of Lot 12 on RP903204: $1,500,000 (8.084Ha) Area of new Lot 1: 1.907Ha UCV of Lot 1 = $353,847

5% of $353,847

$17,692.35

Neil Beck Planning Officer Action Officer N A L HUDDY Acting Manager – City Assessment

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APPENDIX 1

APPENDIX 2

255

ORDINARY MEETING

18 DECEMBER 2002

24 RECONFIGURING A LOT (1 LOT INTO 4 LOTS) - 1-9 HARGREAVES STREET, EDMONTON Neil Beck: 8/13/541-01 : #564628 PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 4 LOTS) APPLICANT: HEDLEY CONSTRUCTIONS PTY LTD P O BOX 5902 CAIRNS Q 4870 LOCATION: LOT 1 HARGREAVES STREET, EDMONTON PROPERTY: LOT 1 ON RP910474, PARISH OF GRAFTON ZONE: INDUSTRY STRATEGIC PLAN: URBAN DCP: NONE APPLICABLE REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 24 DECEMBER 2002 DIVISION: 3 APPENDIX: 1. PROPOSED PLAN 2. AMENDED PLAN

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LOCALITY PLAN

RECOMMENDATION: A. That Council approve the application to reconfigure land described as Lot 1

on RP910474, Parish of Cairns, located at 1 – 9 Hargreaves Street, Edmonton into 4 industrial lots subject to the following conditions: -

Assessment Manager Conditions 1. The amended layout plan being Drawing No. 02-15 / 01 dated October,

2002 prepared by Hedley Group received by Council on 25 November, 2002 and attached as Schedule A is approved subject to any alterations:

a. Found necessary by the Chief Executive Officer at the time of

examination of the engineering plans or during construction of the development because of particular engineering requirements;

b. To ensure that the reconfiguration complies in all respects with

the requirements of Council’s Development Manual and good engineering practise and;

c. To ensure compliance with the conditions of approval.

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Landscaping 3. The applicant/owner must landscape the subdivision development in

accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan endorsed by the Chief Executive Officer.

Areas to be landscaped must be established prior to the approval and

dating of the Plan of Survey and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Services 4. The applicant/owner must provide written evidence of negotiations with

the electricity supply and telecommunications authorities that services will be provided to the development.

Water Supply and Sewerage Works External 5. The applicant/owner must carry out water supply and sewerage works

external to the development to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer.

In particular, each allotment must be provided with a single internal

sewer connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.

All works must be carried out in accordance with the approved plans,

to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the approval and dating of the plan of survey.

Water Supply and Sewerage Contributions 6. The applicant/owner must contribute in accordance with Council's

policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks. The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $8,824.46 (3.4EDCs) for water and $7,047.74 (3.4EDCs) for sewerage.

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Payment is required prior to approval and dating the Plan of Survey. Lawful Point of Discharge 7. All external stormwater from the property shall be directed to a lawful

point of discharge being Hargreaves Street, such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Installation of SWM Measures 8. The soil and water management measures endorsed by the Chief

Executive Officer must be installed/implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and Council's Development Manual).

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CONCURRENCE AGENCY CONDITIONS Department of Main Roads 1. Permitted Road Access Location i. Vehicular access between the Bruce Highway and the subject land

shall be via Hargreaves Street and a minimum 47 metres north of Swallow Street frontage of the land to the satisfaction of the Cairns City Council.

ii. No direct access between the State-controlled road reserve (i.e.

Bruce Highway) and the subject land is permitted. 2. Advertising No advertising device for the proposed development is permitted within

the State-controlled road reserve (i.e. Bruce Highway). 3. Access Easements The applicant shall provide an easement of at least 5.5 metres width

within the proposed Lot 3 in favour of the proposed Lot 4 in the plan of survey as an alternative access for the proposed Lot 4 from Hargreaves Street, generally as indicated on drawing No 02-15/01 dated October 2002 and titled South Cairns Business Park accompanying the application.



2. All building site managers must take all actions necessary to ensure all

building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning is received and that the relevant emergency telephone contacts are provided to the Council Officers, prior to the commencement or works.



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4. This approval, granted under the provisions of the Integrated Planning Act 1997, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.



B. That Council notate the future property files in regards to the Department of

Main Roads requirements being Conditions 1, 2 & 3 above. EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land located on the corner of Swallow Road and Hargreaves Street, Edmonton. The site is adjacent to the Bruce Highway and is included within the Industry zone within the Planning Scheme. The proposal involves creating 4 industrial allotments ranging in size from 1147m2 to 4192m2. The application was forwarded to the Department of Main Roads for comment and conditions have been included in the recommendation. The proposed development is consistent with the preferred land use designation in the Strategic Plan and the intent for development located in the Industry zone. Approval of the application is recommended subject to conditions. TOWN PLANNING CONSIDERATIONS: Strategic Plan/DCP The subject site is included within the Urban Designation in the Strategic Plan. The site is intended to provide for industrial development through its inclusion within the Industrial – Commercial Strategy Diagram (A-9). The proposed reconfiguration is consistent with the intent of the Strategic Plan. Land Zoning The subject site is included within the Industry zone in the Planning Scheme. The intent of the Industry zone is to provide for the creation of suitable centres where a mixture of industrial development may be accommodated. These uses can range from small scale service type uses to a variety of industries including light, general, heavy and hazardous or services industries.

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Table E-1 in the Planning Scheme for the Balance of the City of Cairns specifies the requirements for the subdivision of land within the Industry zone. The proposal demonstrates compliance with these requirements as all proposed allotments exceed the minimum lot size requirements of 1,000m2 and are capable of containing wholly within each allotment a rectangle with dimension 20m × 40m. The proposed allotments are generally of the same width and depth of allotments located to the north fronting Hargreaves Street. Access The applicant has lodged an amended plan as requested by Council to ensure that each proposed allotment has road frontage to Hargreaves Street as opposed to relying totally on an access easement over the adjoining allotment. The amended plan altering access arrangements is contained at Appendix 2. The amended plan complies with the requirements of the Planning Scheme for industrial allotments. Parkland The original subdivision creating the subject allotment had previously satisfied its obligations towards the provision of public open space and therefore no further contribution is sought. Impact of Proposal The proposed development is in accordance with the direction of the Planning Scheme to develop the subject land for industrial purposes. The application to reconfigure the large parcel into smaller industrial allotments is intended to create a more saleable product and hence utilise the subject land for its intended purpose. HEADWORKS / CONTRIBUTIONS: The following contributions are applicable to the proposed development. Element Comment Calculation Contribution Water District 15: $2,595.43/EDC

Industrial Allotments: Proposed demand - 5.4 EDC Less Credit 2.0 EDC (max. allowable) Total Demand: 3.4EDC

3.4EDC × $2,595.43 $8,824.46

Sewerage District 32: $2,072.78/EDC Industrial Allotments: Proposed demand - 5.4EDC Less Credits 2.0EDC (max. allowable) Total Demand:3.4EDC

3.4EDC × $2,072.78 $7,047.47

Traffic No Traffic Contribution required Nil Nil Drainage Site not located within the Skeleton

Creek Drainage Management Plan Nil Nil

Open Space No further contribution sought. Nil Nil

262

Neil Beck Planning Officer Action Officer N A L HUDDY Acting Manager – City Assessment

263

APPENDIX 1

264

APPENDIX 2 – AMENDED PLAN

265

ORDINARY MEETING

18 DECEMBER 2002

25 RECONFIGURING A LOT – CREATION OF AN ACCESS EASEMENT – 22 MOORE STREET AND 17 POSSUM STREET, TRINITY BEACH Anna Cronin: 8/13/554-01: #565820 PROPOSAL: RECONFIGURING A LOT (CREATION OF AN

ACCESS EASEMENT) APPLICANT: GREG PARR, SHARMAN PARR AND TODD

PARKER P O BOX 947 CAIRNS Q 4870 LOCATION: 22 MOORE STREET AND 17 POSSUM STREET,

TRINITY BEACH PROPERTY: LOT 25 ON SP143037 AND LOT 13 ON

RP718746, PARISH OF SMITHFIELD ZONE: RESIDENTIAL 3 (LOT 25) AND RESIDENTIAL 1

(LOT13) STRATEGIC PLAN: URBAN DCP: HILLSLOPES DCP 1 – CATEGORY A REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 26 DECEMBER 2002 DIVISION: 11 APPENDIX: 1. PROPOSED PLAN OF SURVEY

266

LOCALITY PLAN

RECOMMENDATION: That Council approve the application to create an access easement over land described Lot 25 on SP143037, Parish of Cairns, in favour of Lot 13 on RP718746, Parish of Cairns, located at 22 Moore Street and 17 Possum Street, Trinity Beach, subject to the following conditions: - Assessment Manager Conditions 1. The proposed Plan of Survey titled ‘Plan of Proposed Easements A in Lot 13

on RP718746 & B in Lot 25 on SP143037’ (SP152476), dated 28 October 2002, attached as Appendix 1 is approved subject to any alterations:

a. found necessary by the Chief Executive Officer at the time of

examination of the engineering plans or during construction of the development because of particular engineering requirements;

b. to ensure that the access easement complies in all respects with the requirements of Council’s Development Manual and good engineering practice; and

c. to ensure compliance with the following conditions of approval. Timing of Effect 2. The conditions of the development permit must be effected prior to approval

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

267

Access Easement 3. The applicant/owner must, at no cost to Council, prepare legal documents to

provide for: a. Access Easement A in accordance with the approved plan, over Lot 25

on RP143037 in favour of Lot 13 on RP718746. b. Access Easement B in accordance with the approved plan, over Lot 13

on RP718746 in favour of Lot 25 on RP143037, for pedestrian traffic only.

The easement documents must be lodged and registered in the Department of Natural Resources & Mines in conjunction with the Plan of Survey for Reconfiguration.

Access Construction 4. The applicant/owner must at its own cost undertake the following works: a. Construct an access driveway to connect to Lot 13, with a minimum

width of 2.5 metres within the access easement shown on the approved plan.

These works are to be in accordance with Council’s Development Manual and the Hillslopes Development Control Plan in the Planning Scheme for the Balance of the City of Cairns.

Bonding 5. To secure compliance with Condition 4 the applicant/owner must: a. Lodge with the Council a Cash Bond or Bank Guarantee to the value of

one and a half times the average quoted cost for the completion of the required works and such Guarantee is to be from a Guarantor in a format considered satisfactory by the Chief Executive Officer. The Bond or Guarantee must be lodged prior to the approval and dating of the Plan of Survey. In the event of a default by the applicant/owner, the Council may undertake whatever action it considers necessary to secure compliance with Condition 4 and may apply the security for that purpose. The security (or the balance of the security as the case may be) shall be returned to the applicant/owner upon performance of Condition 4; and

b. Enter into an agreement with Council under Section 3.5.34 of the

Integrated Planning Act 1997 to support the condition.

268

ADVICE


2. The proposed dwelling and ancillary buildings on Lot 13 on RP718746 and

Lot 25 on SP143037 are to be in accordance with the Hillslopes Development Control Plan in the Planning Scheme for the Balance of the City of Cairns.


www.ipa.qld.gov.au . To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

EXECUTIVE SUMMARY: Council is in receipt of an application for reconfiguring a lot to create an access easement over part of Lot 25 on RP143037 in favour of Lot 13 on RP718746. The subject site is located at 22 Moore Street and 17 Possum Street, Trinity Beach. The applicants currently own both of the premises separately and two access easements are proposed so as to allow access to Lot 13 from Moore Street without the need for significant earthworks and associated approvals required to establish access to Lot 13 from Possum Street; and the creation of a pedestrian access easement over Lot 13 to allow access from Lot 25 to Possum Street. The proposal has been assessed against the relevant provisions of the Planning Scheme for the Balance of the City of Cairns and is deemed acceptable. Therefore the application is recommended for approval subject to reasonable and relevant conditions. PLANNING CONSIDERATIONS:

Proposal The proposed development involves the creation of two access easements for pedestrian/vehicle access over Lot 25 for Lot 13 (Easement B), and pedestrian access over Lot 13 for Lot 25 (Easement A), as shown on the proposed Plan of Survey. The area of the access easement is 10m2 and is triangular in shape, with a 4.9 metre frontage to Moore Street and 4 metre length along the common boundary. It is intended that a dwelling house be constructed on the western side of Lot 13 and in order to do this without an access easement over Lot 25, significant earthworks and retaining walls would have to carried out due to the topography and the hillside constraints of the area. Subsequently the owner requests an access easement over a small part of Lot 25 in favour of Lot 13 so that only minor earthworks will be required to provide adequate access to the new dwelling. In addition, it is not intended that the driveway be constructed prior to approval and dating the plan of survey as there is no dwelling currently constructed and will be undertaken at the time of constructing the dwelling on Lot 13.

269

Strategic Plan/DCP The subject site is included within the Urban preferred dominant land use in the Strategic Plan. The proposal involves the creation of an access easement, providing access to both allotments for residential purposes and is therefore compatible with the intent of the Strategic Plan. The site is included within the Hillslopes DCP and is designated Category A. However, both allotments include slopes steeper than 1 in 6, and in accordance with section 1.5.2.1 is deemed Category B area. The proposal to create an easement providing Lot 13 with access is considered to comply with the provisions of the DCP and is also considered consistent with the desired intent for development within the Category B designation. A condition of recommendation will be included to ensure any earthworks carried out to construct the driveway to serve Lot 13 are in accordance with the Hillslopes DCP. Land Zoning The subject site is included within the Residential 3 (Lot 25) and Residential 1 (Lot 13) zone in the Planning Scheme. The proposed access easement will allow access to an adjoining allotment for residential purposes and therefore does not conflict with the intent of the Residential 1 and 3 zone. Impact of Proposal The impact of the proposed development is likely to be minimal due to its minor nature. No adverse impacts on local amenity and/or existing infrastructure are anticipated to result from the establishment of an access easement. The approval will only grant access rights to the proposed dwelling on Lot 13 over land located in Lot 25. Council officers have assessed both the need and appropriateness of an access easement on the site and subsequently support the establishment of an access easement as an alternative to major engineering and earthworks, which would otherwise be required to construct access to Lot 13 to site a dwelling on the western side of the allotment. The driveway to be constructed within the proposed access easement is not shared and will service Lot 13 only. The construction of the driveway prior to approval and dating the Plan of Survey is not considered relevant in this instance as both allotments are not improved by dwellings or other structures. A condition will be included to require a bond for the works to be given to Council prior to approving and dating the Plan of Survey.

270

HEADWORKS / CONTRIBUTIONS: The creation of an access easement does not provide Council with an ability to apply contributions given that no additional allotments are being created. Anna Cronin Planning Officer Action Officer N A L HUDDY Acting Manager, City Assessment

271

APPENDIX 1

272

ORDINARY MEETING

18 DECEMBER 2002

26 RECONFIGURING A LOT – (4 LOTS INTO 2 LOTS) – 180 – 186 AUMULLER STREET, BUNGALOW Anna Cronin: 8/13/553-01: #564917 PROPOSAL: RECONFIGURING A LOT (4 LOTS INTO 2

LOTS) APPLICANT: HEDLEY CONSTRUCTIONS PTY LTD PO BOX 5902 CAIRNS QLD 4870 LOCATION: 180-186 AUMULLER STREET, BUNGALOW PROPERTY: LOT 2 AND 4 ON RP712205 AND LOT 90 AND

91 ON RP702014, PARISH OF CAIRNS ZONE: LIGHT INDUSTRY STRATEGIC PLAN: MIXED USE (AREA 8) DCP: DCP 2 – HEIGHT AND IMPACT OF BUILDINGS –

PRECINCT 5 REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 18 DECEMBER 2002 DIVISION: 5 APPENDIX: 1. PROPOSED PLAN OF SURVEY

273

LOCALITY PLAN

RECOMMENDATION: That Council approve the application to reconfigure land (4 lots into 2 lots) described as Lot 2 and 4 on RP712205 and Lot 90 and 91 on RP702014, Parish of Cairns, situated at 180-186 Aumuller Street, Bungalow, subject to the following conditions. Assessment Manager Conditions 1. The proposed Plan No.02/249 Sheet 1, dated November 2002 and prepared

by G Pozzi, is approved subject to any alterations:

a. Found necessary by the Chief Executive Officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements;

b. To ensure that the reconfiguration complies in all respects with the requirements of Council's Development Manual and good engineering practice and;

c. To ensure compliance with the following conditions of approval.

Except where modified by these conditions of approval and any consent or endorsement issued thereunder; and any consent or endorsement issued pursuant to these conditions of approval.

274

Timing of Effect 2. The conditions of the development permit must be effected prior to approval

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

Landscaping 3. The applicant/owner must landscape the subject land and street frontage in

accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted to and be endorsed by the Chief Executive Officer prior to approval and dating the Plan of Suvey. In particular, the plan must show:

a. Planting of the footpath with additional trees or shrubs, depending on

any overhead powerline constraints. 4. Areas to be landscaped must be established prior to the approval and dating

of the Plan of Survey and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.


from the property is directed to a lawful point of discharge being Aumuller Street and Winkworth Street for proposed Lots 90 and 91, respectively, such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

External Works 6. The applicant/owner must at its own cost undertake the following works

external to the subject land:

a. Construct a 1.5 metre wide concrete footpath for the full length of Aumuller Street frontage; and

b. Construct full width bitumen widening for the full length of Aumuller

Street frontage. Three (3) copies of a plan of the works must be submitted and endorsed by the Chief Executive Officer prior to approval and dating the Plan of Survey. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to approval and dating the Plan of Survey.

275







EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land within the Light Industry zone into 2 lots, with areas of 3,614m2 and 1,431m2 at 180-186 Aumuller Street, Bungalow. A proposal plan is attached as Appendix 1. The lot reconfiguration is considered appropriate and is recommended for approval subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is for reconfiguring a lot creating 2 lots from 4 lots. The areas for proposed Lot 90 and 91 are 3,614m2 and 1,431m2, respectively. Access to proposed Lot 90 and 91 is from Aumuller Street (53.67 metre frontage) and Winkworth Street (26.84 metre frontage), respectively. Strategic Plan/DCP The Strategic Plan designates the subject land in the Mixed Use (Area 8) Preferred Dominant Land Use in the Planning Scheme for Part of the City of Cairns. The proposed development will facilitate further industrial development and is therefore in accordance with the Strategic Plan. Land Zoning The subject site is zoned Light Industry in the Planning Scheme. The proposal complies with the minimum area and dimensions in the Light Industry zone, being 1,000m2, with a minimum frontage and depth of 20 metres and 40 metres, respectively.

276

Impact of Proposal The impact of the proposed development is likely to be minimal due to its minor nature as it is for realignment of the boundaries, resulting in a net reduction in the number of lots. No adverse impacts on local amenity and existing infrastructure are anticipated to result from the proposed lot reconfiguration, which will create allotments with areas and dimensions more suitable for the establishment of industrial development. HEADWORKS / CONTRIBUTIONS: The proposed lot reconfiguration does not provide Council with an ability to apply contributions given that no additional allotments are being created. Anna Cronin Planning Officer Action Officer N A L HUDDY Acting Manager, City Assessment

277

APPENDIX 1

278

ORDINARY MEETING

18 DECEMBER 2002

27 RECONFIGURING A LOT – 1 INTO 2 LOTS – LOT 64 JAMES COOK DRIVE, KEWARRA BEACH Kym Watton: 8/13/549 #565789 PROPOSAL: RECONFIGURING A LOT – (1 LOT INTO 2

LOTS) APPLICANT: PHILLIP & THEA CRITTENDEN C/- BRAZIER MOTTI PO BOX 1185 CAIRNS Q 4870 LOCATION: LOT 64, JAMES COOK DRIVE, KEWARRA

BEACH PROPERTY: LOT 64 ON RP747726, PARISH OF SMITHFIELD ZONE: LOW DENSITY RESIDENTIAL STRATEGIC PLAN: LOW DENSITY RESIDENTIAL DCP: HILLSLOPES CATEGORY A – UNCONSTRAINED REFERRAL AGENCIES: NOT APPLCABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN

279

LOCALITY PLAN

RECOMMENDATION: That Council approve the application to reconfigure land described as Lot 64 on RP747726, Parish of Smithfield, situated at James Cook Drive, Kewarra Beach into two lots subject to the following conditions:- Assessment Manager Conditions 1. The applicant/owner must at all times during the development of the subject


a. The approved plan, Brazier Motti Plan 30844/012 dated 4 October 2002;

b. The plans, specifications, facts and circumstances as set out in the


c. The provisions of Council’s Development Manual,

Except where modified by these conditions of approval and any consent or endorsement issued there under; and any consent or endorsement issued pursuant to these conditions of approval.

280

Water Supply Contributions 2. The applicant/owner must contribute in accordance with Council's policy

provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $5,529.46 (1.3EDC’s) for water.

Payment is required prior to approval and dating the Plan of Survey.

Water Supply Works External 3. The applicant/owner must carry out water supply and sewerage works

external to the development to connect the subject land to Council’s existing water supply headworks at a point determined by the Chief Executive Officer.

In particular, each allotment must be provided with a single internal water

connection in accordance with the Development Manual.

Three (3) copies of a plan of the works must be submitted to and must be endorsed by the Chief Executive Officer prior to the application for a Development Permit to carry out Operational Works.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to approval and dating the Plan of Survey.

On-Site Sewerage Disposal 4. The applicant/owner must demonstrate how the development complies with

the Code of Practice for On-site Sewerage Disposal. On-site sewerage disposal ‘envelopes’ must be provided on a plan of the development, showing how each allotment can physically provide the necessary area(s) and comply with the required setbacks, etc. for on-site disposal of sewerage. On-site sewerage disposal must occur within the proposed building envelopes.

The plan must be accompanied by a report, inclusive of supporting calculations and site investigations, for each site in a format to the satisfaction of the Chief Executive Officer, specifying those methods of on-site sewerage disposal applicable for those allotments and providing a recommended method and location of facilities. The plan and report must be received and endorsed by the Chief Executive Officer prior to endorsing and signing of survey plan.

281

Lawful Point Of Discharge 5. The applicant/owner must ensure that the flow of all external stormwater

from the property is directed to a lawful point of discharge being James Cook Drive such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Minimum Fill And Habitable Floor Levels 6. All habitable floor levels in all new buildings must be located 300mm above

the Q100 flood immunity level in accordance with Development Manual Guidelines and Planning Scheme requirements.

Provision of Services 7. The applicant is to provide written confirmation of the location of the

telecommunications and electricity services for the subject land. In any instance where the existing services are contained within another lot, then the applicant shall either:

a. Relocate the services to comply with this requirement; or

b. Arrange the registration of the necessary easements over the services which are located within another lot prior to or in conjunction with the submission of the plan of Survey creating the Lot

The written confirmation shall be submitted to the Chief Executive Officer prior to approval and dating the plan of survey.



2. All building site managers must take all action necessary to ensure building

materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning is received and that the relevant emergency telephone contacts are provided to Council Officers, prior to the



282





_____________________________________________________________________ EXECUTIVE SUMMARY: Council is in receipt of an application for Reconfiguring a Lot (1 lot into 2 lots), located at James Cook Drive, Kewarra Beach and described as Lot 64 on RP747726, Parish of Smithfield. The proposed reconfiguration to create two (2) allotments is considered acceptable in this location, and therefore the application is recommended for approval, subject to reasonable and relevant conditions. TOWN PLANNING CONSIDERATIONS: Proposal An application has been made to reconfigure one allotment into two allotments situated at Lot 64 James Cook Drive, Kewarra Beach and described as Lot 64 on RP747726, Parish of Smithfield The applicant proposes to reconfigure the existing 8000m2 lot into two lots of approximately 3826m2 (Lot 4) and 4174m2 (Lot 5). The line of reconfiguration between proposed Lots 4 and 5 has been defined by positioning the boundary as close as possible to the existing residence, while retaining the orchard in the southern lot. Appendix 1 depicts the arrangement of the reconfiguration. Strategic Plan/DCP The Strategic Plan includes the site within the Low Density Residential preferred dominant land use. Areas within this designation are appropriate for larger lot subdivisions and provide for residential living on allotments with a rural or semi-rural amenity. The proposed development is compatible with the intent of the Low Density Residential designation. The site is included within the Hillslope Development Control Plan – Category A. Land within this designation has been identified by various factors as not being constrained in terms of potential visual degradation which may arise from development. In this instance the reconfiguration of the land on the site is considered appropriate.

283

Land Zoning The subject site is included within the Low Density Residential zone in the Planning Scheme for the Balance of the City of Cairns. The intent of the Low Density Residential zone is to provide for an alternative type of residential living generally on large acreage allotments. The surrounding land uses are largely characterised by single detached dwellings. Table E-1 of the Planning Scheme requires a minimum Lot size of 4000m2 for land included within the Low Density Residential zone and must also be capable of containing a rectangle of 40m x 50m. The proposed lot reconfiguration does not provide adequate dimensions for the specified rectangle on proposed Lot 4 and is smaller than 4000m2. However, it is considered suitable in this instance as sufficient utility exists to construct a dwelling house, and Council has on previous occasions approved the creation of lots slightly less than 4000m2 within James Cook Drive. It should be noted that it is possible to create an allotment with a conforming lot design, however it would result in a less effective layout with a number of awkward bends. Impact of Proposal The proposed development is for the reconfiguration of a lot, resulting in the creation of one additional allotment, therefore the impact of the proposed development is likely to be minimal due to its minor nature. HEADWORKS / CONTRIBUTIONS:

Element Comment Calculation Contribution Water District 3: $5, 529.46

2 lots > 1500m2 – 2.6 EDC Less credit for lot > 1500m2 – 1.3 EDC Net Demand: 1.3 EDC

1.3 EDC x $5, 529.46

$5, 529.46

Sewerage Not Applicable Nil Nil Road/Traffic Not Applicable Nil Nil Drainage Not Applicable Nil Nil Park Not Applicable Nil Nil Kym Watton Planning Officer Action Officer N A L HUDDY Acting Manager – City Assessment

284

APPENDIX 1

285

ORDINARY MEETING

18 DECEMBER 2002

28 RECONFIGURATION OF A LOT (1 LOT INTO 2 LOTS) – 25-29 MILLHOUSE CLOSE, EDMONTON Kym Watton: 8/13/538 : #560853 PROPOSAL: RECONFIGURATION OF A LOT - 1 LOT INTO 2

LOTS APPLICANT: NIGEL FOGGIN 25-29 MILLHOUSE CLOSE EDMONTON QLD 4869 LOCATION: 25-29 MILLHOUSE CLOSE, EDMONTON PROPERTY: LOT 26 ON SP146538, PARISH OF GRAFTON ZONE: RESIDENTIAL 2 STRATEGIC PLAN: URBAN DCP: HILLSLOPES – CATEGORY A REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 23 DECEMBER 2002 DIVISION: 2 APPENDIX: 1. PROPOSED SITE LAYOUT PLAN

286

LOCALITY PLAN

RECOMMENDATION: That Council approve the application to reconfigure land described as Lot 26 on SP146538, Parish of Grafton, situated at 25-29 Millhouse Close, Edmonton into two (2) lots, subject to the following conditions:- Assessment Manager Conditions 1. The applicant/owner must at all times during the development of the subject


d. The approved plan;

e. The plans, specifications, facts and circumstances as set out in the


f. The provisions of Council’s Development Manual.

Except where modified by these conditions of approval and any consent or endorsement issued thereunder, and any consent or endorsement issued pursuant to these conditions of approval.

287



Water Supply and Sewerage Contributions 3. The applicant/owner must contribute in accordance with Council’s policy

provided for as per section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.

The contributions must be paid at the rates available at the time of payment. On the present method of calculation, the estimated total headworks contributions are $2,841.18 (1.3 EDC) for water and $2,072.78 (1 EDC) for sewer. Payment is required prior to approval and dating of the Plans of Survey.

Water Supply and Works External 4. The applicant/owner must carry out water supply and sewerage works

external to the development to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer.

In particular, each allotment must be provided with a single internal water connection in accordance with the Development Manual.

Three copies of the a plan of the works must be submitted to and must be endorsed by the Chief Executive Officer prior to the application for a Development Permit to carry out operational works. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive officer prior to the commencement of use.


from the property is directed to a lawful point of discharge being Millhouse Close such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

288

Minimum Fill and Habitable Floor Levels 6. All habitable floor levels in all buildings must be located 300mm above the

Q100 flood immunity level in accordance with Development Manual Guidelines and Planning Scheme requirements.

Provisions of Services 7. The applicant is to provide written confirmation of the location of the

telecommunications and electricity services for the subject land. In any instance where the existing services are contained within another lot, then the applicant shall either:

a. Relocate the services to comply with this requirement; or b. Arrange the registration of the necessary easements over the services

which are located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the lot.

The written confirmation shall be submitted to the Chief Executive Officer prior to approval and dating the plan of survey.

Traffic Management Contributions 8. The applicant/owner must contribute towards Council's Traffic


The contribution rate is that which is current at the time of payment. The current rate of contribution is $1994.94. Payment is required prior to signing and endorsing of survey plan.





289




EXECUTIVE SUMMARY: Council is in receipt of an application for Reconfiguring a Lot (1 lot into 2 lots), located at 25-29 Millhouse Close, Edmonton and described as Lot 26 on SP146538, Parish of Grafton. The proposed reconfiguration is considered acceptable in this location, and therefore the application is recommended for approval, subject to reasonable and relevant conditions. TOWN PLANNING CONSIDERATIONS: Proposal An application has been made to reconfigure one (1) allotment, situated at 25-29 Millhouse Close, Edmonton and described as Lot 26 on SP146538, Parish of Grafton into two (2) lots. The subject site has an area of 2,382m2 and currently contains a detached dwelling. Proposed Lots A and B will contain areas of 1612m2 and 770m2 respectively. The proposed access to both lots is off Millhouse Close. Appendix 1 depicts the arrangement of the reconfiguration. Strategic Plan/DCP The Strategic Plan includes the subject site within the Urban preferred dominant land use. This designation includes those areas that are suitable for such urban uses as residential, industrial, commercial and the like. The proposed development is compatible with the intent of the Urban designation. Land Zoning The subject site is included within the Residential 2 zone in the Planning Scheme for the Balance of the City of Cairns. The surrounding land uses are largely characterised by single detached dwellings. The proposal is in accordance with the Planning Scheme.

290

Section 3.1.3 of the Planning Scheme specifies that allotments with an area greater than 450m2 and capable of containing a rectangle suitable for building purposes measuring 10 metres by 15 metres meet the objectives and performance criteria for the Residential 2 zone. The proposed layout plan indicates that the reconfiguration has the potential to meet these requirements. There is currently an easement over the property for drainage purposes. The proposed reconfiguration will not effect the existing easement. HEADWORKS / CONTRIBUTIONS:

Element Comment Calculation Contribution Water District 14: $2,841.18

1 lot > 1,500m2 – 1.3 EDC 1 lot between 401m2–900m2 – 1 EDC Less Credit for lot > 1500m2 – 1.3 EDC Net Demand: 1 EDC

1 EDC X $2,841.18

$2,841.18

Sewerage District 32 : $2,072.78 1 lot > 1,500m2 – 1 EDC 1 lot between 401m2-900m2 – 1 EDC Less credit for lot > 1500m2 – 1 EDC Net Demand: 1 EDC

1 EDC X $2,072.78

$2,072.78

Traffic Redhill to Edmonton: $1,994.59/ERA 2 Lots – 2 ERA Less credit for existing lot – 1 ERA Net Demand : 1 ERA

1 ERA X $1,994.59

$1,994.59

Drainage Blackfellow Creek DMP: $3,719.18/ha – Drainage contribution provided in recent reconfiguration of Millhouse Close 8/13/356.

Not Applicable Nil

Open Space

Previous Parkland Contribution acknowledged for original subdivision, no current requirement.

Not Applicable Nil

Kym Watton Planning Officer Action Officer N A L HUDDY Acting Manager – City Assessment

291

APPENDIX 1

292

ORDINARY MEETING

18 DECEMBER 2002

29 RECONFIGURATION OF A LOT (1 LOT INTO 2 LOTS) - 23-25 SIMS ESPLANADE, YORKEYS KNOB Allisen Wright: 8/13/550-01 : #560081 PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 2 LOTS) APPLICANT: HABLES HOLDINGS PTY LTD P O BOX 134 YORKEYS KNOB Q 4879 LOCATION: 23-25 SIMS ESPLANADE, YORKEYS KNOB PROPERTY: LOT 33 RP 804488, PARISH OF SMITHFIELD ZONE: 10 STRATEGIC PLAN: URBAN DCP: NONE APPLICABLE REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NONE APPLICABLE STATUTORY ASSESSMENT DEADLINE: 20 DECEMBER 2002 DIVISION: 10 APPENDIX: 1. SITE LAYOUT PLAN

293

LOCALITY PLAN

RECOMMENDATION: That Council approve the application to reconfigure land described as Lot 33 on RP804488, Parish of Smithfield located at 23-25 Sims Esplanade, Yorkeys Knob into two (2) lots, subject to the following conditions: - Assessment Manager Conditions 1. The applicant/owner must at all times during the development of the subject


a. The approved plans, amended drawing number H127-1 (amendments

dated 1 November 2002); b. The plans, specifications, facts and circumstances as set out in the

application submitted to Council; and c. The provisions of Council’s Development Manual. Except where modified by these conditions of approval and any consent or

endorsement issued there under and any consent or endorsement issued pursuant to these conditions of approval.

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Timing of Effect 2. The conditions of the development permit must be effected prior to approval

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



The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $4,651.98 (1.3 EDC’s) for water and $2,972.40 (1.0 EDC’s) for sewerage.

Payment is required prior to approval and dating of the Plan of Survey.

Water Supply And Sewerage Works 4. The applicant/owner must carry out water supply and sewerage works to

connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer.

In particular, each allotment must be provided with a single internal sewer

connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.

Three (3) copies of a plan of the works must be submitted to and must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Operational Works.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the approval and dating of the plan of survey.

Minimum Fill And Habitable Floor Levels 5. All habitable floor levels in all new buildings must be located 150mm above

the Q100 flood immunity level of 2.6 metres AHD or the minimum fill level of 3.40 metres AHD plus any hydraulic grade effect (whichever is the greater), in accordance with Development Manual Guidelines and Planning Scheme requirements.

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Existing Creek And Drainage Systems 6. All existing creek systems and drainage areas must be left in their current

state including no channel alterations and no removal of vegetation unless consented to in writing by the Chief Executive Officer.

The applicant/owner must obtain any necessary approvals from the

Department of Natural Resources for carrying out works in a watercourse. Lawful Point Of Discharge 7. The applicant/owner must ensure that the flow of all external stormwater

from the property is directed to a lawful point of discharge being the culvert located in the existing drain on the subject land such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.



The contribution rate is that which is current at the time of payment. The current rate of contribution is $2,683.63 (1.0 ERA) Payment is required prior to approval and dating of the Plan of Survey.

Park Contribution In Lieu Of Land 9. The applicant is to contribute $78,000 for the additional lot towards the


General External Works 10. The applicant/owner must at its own cost undertake the following works

external to the subject land: a. Construct full width bitumen widening to Kempton Street and Sims

Esplanade frontages; b. Provision of a concrete crossover(s) and apron(s); c. Construct kerb and channel to Kempton Street and Sims Esplanade

frontages to the satisfaction of the Chief Executive Officer;

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d. Construct kerb and channel to Wattle Street frontage from Atherton Street intersection to existing culvert crossing.

Three (3) copies of a plan of the works must be submitted and endorsed by the Chief Executive Officer prior to approval and dating the Plans of Survey. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to approval and dating the Plans of Survey.

Vegetation Clearing 11. Existing vegetation on the subject land must be retained in all areas except

those affected by the construction of roadworks and the installation of services. The extent of any clearing which is required to provide for roadworks or the installation of services or which is to be carried out on proposed lots must be consented to by the Chief Executive Officer before clearing commences in these areas.

Landscaping 12. The applicant/owner must landscape the subject land street frontage in

accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted to and be endorsed by the Chief Executive Officer prior to a Development Permit for Operational Work. In particular, the plan must show:

a. The retention of as many existing trees and shrubs as possible and

further planting of trees and shrubs; b. Planting of the footpath with trees or shrubs, depending on any

overhead powerline constraints; c. Compliance with Council’s Marlin Coast Landscape Masterplan policy

document to the satisfaction of the Chief Executive Officer. Existing native and significant vegetation must be retained on the street

frontage and only be removed with the written consent of the Chief Executive Officer.

Existing Non-Conforming Use 13. The owner/applicant must ensure that if the operation of The Yorkeys Knob

Bures on the proposed 1.155 hectare lot continues, it is carried out in accordance with the Court Consent Order issued on 21 May 1987, except where varied by this approval.

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14. The use of the buildings on the proposed 1890m2 lot for the purpose of The Yorkeys Knob Bures as approved by Court Consent Order must not continue and the existing buildings are to be removed prior to the signing and sealing of the Plan. The buildings must be operated/accommodated in accordance with the relevant provisions of the Planning Scheme for the Balance of Cairns.









EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure a 1.344 hectare parcel of Residential 3 zoned land into two (2) lots at 23-25 Sims Esplanade, Yorkeys Knob. The subject land is currently developed as The Yorkeys Knob Bures, bungalow style accommodation units approved by a Court Consent Order on 21 May 1987. The lot reconfiguration proposes to subdivide off a 1890m2 portion of the subject land which has frontage to Sims Esplanade. The proposal is supported and approval of the application is recommended subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development involves the reconfiguration of Lot 33 on RP804488, located at 23-25 Sims Esplanade, Yorkeys Knob, to subdivide off the 1890m2 portion of the site that has frontage to Sims Esplanade.

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The subject site currently has road frontage to Sims Esplanade, Kempton Street, Atherton Street, and Wattle Street. Currently the subject site is accessed via Wattle Street, with a secondary access off Kempton Street. It is the applicant’s intention to continue the operation of the Bures on the balance 1.155 hectare proposed lot. The use is to be ceased on the smaller 1890m2 lot fronting Sims Esplanade. Strategic Plan/DCP The subject site is included within the Urban preferred dominant land use designation in the Planning Scheme for the Balance of the City of Cairns. This designation includes those areas suitable for such urban uses as residential, industrial, commercial and the like. The proposed development to create one (1) additional allotment is in accordance with the Strategic Plan. Land Zoning The subject site is included within the Residential 3 zone in the Planning Scheme for the Balance of the City of Cairns. The intent of the Residential 3 zone is to allow for medium density residential development in a range of accommodation types, in areas that are in reasonable walking distance to good public transport, shopping and community facilities. Table E-1 in the Planning Scheme specifies minimum lot sizes and dimensions. The proposed reconfiguration complies with these requirements. The majority of the site is also included in a Constrained Development Area, which reflects the identification of the site by the Natural Resources Register as having stands of significant vegetation. It shall be a condition of approval that no significant vegetation is lost from the subject site. Existing Lawful Non-Conforming Use The Bures (tourist resort) currently on Lot 33 on RP804488, were recognised as an existing lawful non-conforming use by Council at its Ordinary Meeting of 6 May 1997. It is recommended that these existing use rights transfer to the 1.155 hectare proposed lot. However, the Bures must continue to be operated in accordance with the Court Consent Order issued on 21 May 1987, particularly in relation to car parking and open space. Once the survey plan of reconfiguration is registered with the Titles Office the existing use rights for a tourist resort will be extinguished over the smaller 1890m2 proposed lot. It shall be a condition of approval that only the use rights applicable to the Residential 3 zone shall remain over the smaller parcel. The buildings included on this parcel are required to comply with the relevant sections of the Planning Scheme for the Balance of the City of Cairns.

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Impact of Proposal The impact of the proposed lot reconfiguration is likely to be minimal due to the size and dimensions of the two proposed allotments, and the retention of the existing tourist development, in the main. Council’s Vegetation Protection Local Law covers the subject site. It will be a condition of approval that all existing vegetation on the subject land be retained in all areas except those affected by the construction of roadworks and the installation of services. External Works The applicant will be required to undertake substantial external works including bitumen widening, and kerb and channelling to the full frontages of Sims Esplanade and Kempton Street. Kerb and channel will also be required to the portion of Wattle Street south of the drainage easement. Coastal Management Control District The subject site is included within a Coastal Management Control District under the Beach Protection Act 1968 and consequently referral co-ordination is required, unless Council determines the application to be minor in nature. In consultation with the Beach Protection Authority, and under delegated authority, Council deemed the development application to be minor in nature, pursuant to Section 6.1.35c(1)(a) of the Integrated Planning Act 1997. HEADWORKS / CONTRIBUTIONS: The following Developer Contributions are applicable to the proposed development:

Element Comment Calculation Contribution Water Supply

District 6: $3,578.44/EDC 2 residential lots > 1,500m2 – 2.6 EDC Less credit for: 1 existing residential lot > 1,500m2 – 1.30 EDC Net Demand: 1.3 EDC

1.3 EDCs x $3,578.44

$4,651.98

Sewerage District 15: $2,972.40 2 residential lots > 1,500m2 – 2.0 EDC Less credit for: 1 existing residential lot > 1,500m2 – 1.0 EDC Net Demand: 1.0 EDC

1.0 EDC x $2,972.40

$2,972.40

Traffic District 15: $2,683.63 2 single dwellings – 2.0 ERA Less credit for: 1 single dwelling – 1.0 EDC Net Demand: 1.0 EDC

1.0 EDC x $2,683.63

$2,683.63

Drainage No policy applicable N/A Nil Open Space

UCV of Lot 33 on RP804488: $780,000 Area of subject land 1.344 Ha Area of new lots : 1.344 Ha

10% of $780,000

$78,000

Allisen Wright Team Leader, City Assessment N A L Huddy Action Officer Acting Manager – City Assessment

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Appendix 1

301

ORDINARY MEETING

18 DECEMBER 2002

30 NEGOTIATED DECISION ADVICE - RECONFIGURING A LOT – SWALLOW ROAD, QUEERAH – 1 LOT INTO 15 LOTS Allisen Wright: 8/13/514-01 : #568349 PROPOSAL: NEGOTIATED DECISION ADVICE-

RECONFIGURING A LOT (1 LOT INTO 14 LOTS PLUS BALANCE)

APPLICANT: SOUTH CAIRNS BUSINESS PARK PTY LTD C/- FLANAGAN CONSULTING GROUP PO BOX 5820 CAIRNS QLD 4870 LOCATION: SWALLOW ROAD, QUEERAH PROPERTY: LOT 38 ON RP910477, PARISH OF GRAFTON ZONE: INDUSTRY STRATEGIC PLAN: URBAN & RURAL CONSTRAINED DCP: NONE APPLICABLE REFERAL AGENCIES DEPARTMENT OF MAIN ROADS ENVIRONMENTAL PROTECTION AGENCY NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 8 JANUARY 2003 DIVISION: 3 APPENDIX: 1. SITE LAYOUT PLAN

302

LOCALITY PLAN

RECOMMENDATION: That Council resolve to issue a Negotiated Decision with respect to Development Application 8/13/514 for land located at Swallow Road, Queerah and described as Lot 38 on RP910477, Parish of Cairns, for Reconfiguring a Lot (1 lot into 14 plus a balance lot), subject to the following: - 1. Condition 4 be deleted. 2. Condition 6 be amended to read as follows:

Water Supply and Sewerage Contributions 6. The applicant/owner must contribute in accordance with Council's

policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 and the Consent Order issued on 27 October 1992, towards the provision of water supply and sewerage headworks.


payment but are not to exceed in total the sum of $25,750.00 per gross hectare. On the present method of calculation, the estimated total headworks contributions for water and sewerage are $48,190.00.

Payment is required prior to approval and dating the Plan of Survey.

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3. In all other regards, the conditions and advice contained in Development

Permit 8/13/514 decided by Council on 14 November 2002 remain unchanged.

4. That the applicant be advised of the following:

Under the Rural Lands Protection Act (1985), Sicklepod (Senna obtusifolia) has been identified as a P3 and P4 weed in the Cairns area. Section 70 of the Act provides definitions of the declaration categories. Category P3 refers to “plants whose numbers and/or distribution are to be reduced in that area”. Category P4 refers to “plants that are to be prevented from spreading beyond the places in which they occur in that area”.

It is well documented, June 2001 (docs 307936 and 307905) and March 2002 (doc 420226) that the property in question (lot 38 RP910477) has severe problems with Sicklepod weed infestation. On all occasions, it has been requested by the Cairns City Council that measures be put into place to control or eradicate the infestation.

Subdivision 4 of the Act which takes into account Sections 80 to 85, outlines the responsibility that private landowners have in relation to the control of declared weeds.

In order to comply with the State Government legislation, this weed is to be prevented from being spread on this property and to any other properties. In order to prevent seed spread in conjunction with the proposed reconfiguration, it is necessary that a wash down bay be installed and rigorously used for all plant on this site. In addition, other controls such as containment of runoff water to catch seed and also the prohibited transport of fill from the site should be considered as a requirement. The Department of Natural Resources and Mines will be informed of the proposed development for the site and the Department may also wish to impose certain conditions for the development.

The reason that Sicklepod (Senna obtusifolia) is such a problem is that seed for is known to remain dormant and viable for up to 10 years.

Should the seed be spread on machinery travelling from this site to another, then the landowner and plant operator can most certainly be held responsible for the infestation, and as such can possibly be subject to litigation by other landowners.

EXECUTIVE SUMMARY: Council considered an application for Reconfiguring a Lot (1 lot into 14 plus a balance lot) for the subject site at its meeting on 14 November 2002. The applicant has subsequently requested Council reconsider a number of the conditions of approval, relating to developer contributions.

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In consideration of the applicant’s submission, it is recommended that amendments be made to the conditions of approval. TOWN PLANNING CONSIDERATIONS: The following section outlines the conditions for which the Negotiated Decision is sought, along with the applicant’s comments and relevant officer comments. Condition 4 of the development permit currently reads: - Park Contribution in Lieu of Land 4. The applicant is to contribute $17,259.00 for the additional lots towards the


Applicant’s Response We confirm that under the subdivision application approval for Stage 1, parkland contribution was determined to be on the basis of a dedicated strip along the frontage of Skeleton Creek calculated to the equivalent of 10% of the Stage 1 area. It is understood that Council’s policy for parkland contribution for commercial development has since changed to 5% and therefore there is a parkland credit arising from Stage 1 in excess of the 5% parkland contribution requirements for Stage 2. We therefore propose that there be no further parkland or cash contribution for Stage 2 of this development. Officer’s Response Council at its Planning, Development and Community Services Committee meeting of 11 September 2001 resolved to allow a 50% reduction in open space contributions for commercial and industrial subdivisions as from 11 September 2001. Therefore the applicant’s comments are supported and it is agreed that Condition 4 should be deleted. Condition 6 of the development permit currently reads: - Water Supply and Sewerage Contributions 6. The applicant/owner must contribute in accordance with Council's policy


305


payment. On the present method of calculation, the estimated total headworks contributions are $36,336.02 (14.00 EDCs) for water and $29,018.92 (14.00 EDCs) for sewerage.

Payment is required prior to approval and dating the Plan of Survey. Applicant’s Comments We advise that as part of the original conditions issued by Council under the Stage 1 subdivision application approval on 24 February 1997, water supply and sewerage headworks contributions are to be calculated at the time of payment in accordance with Councils policy but not exceeding in total the sum of $25,750.00 per gross hectare. On this basis we have calculated the contribution required for Stage 2 as of 30 June 2002 to be as follows: Stage 2 area = 1.49 Ha CPI percentage increase from 4 June 1993 to 30 June 2002 = 25.6% Revised maximum contribution per Hectare = $32,342.00 Water Supply and Sewerage Contribution = $48,190.00 Officer’s Comments The reference to the contributions applied to Stage 1 is correct. The original rezoning for the overall site was approved by Consent Order on 27 October 1992. The consent order required the payment of water and sewerage headworks contributions as calculated above. Therefore it is agreed that the water and sewerage headworks contributions should be amended as calculated by the applicant. HEADWORKS / CONTRIBUTIONS: The following contributions are applicable to the proposed development. Element Comment Calculation Contribution Water and Sewerage

Consent Order 27 October 1992 required that water supply and sewerage headworks contributions are to be calculated at the time of payment in accordance with Councils policy but not exceeding in total the sum of $25,750.00 per gross hectare

Stage 2 area = 1.49 Ha CPI percentage increase from 4 June 1993 to 30 June 2002 = 25.6% Revised maximum contribution per Hectare = $32,342.00 Water Supply and Sewerage Contribution = $48,190.00

$48,190.00

Traffic No Traffic Contribution required Nil Nil Drainage Site not located within the Skeleton

Creek Drainage Management Plan Nil Nil

Open Space Parkland obligations met as part of Stage 1 of the development.

Nil Nil

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ADVICE STATEMENT Under the Rural Lands Protection Act (1985), Sicklepod (Senna obtusifolia) has been identified as a P3 and P4 weed in the Cairns area. Section 70 of the Act provides definitions of the declaration categories. Category P3 refers to “plants whose numbers and/or distribution are to be reduced in that area”. Category P4 refers to “plants that are to be prevented from spreading beyond the places in which they occur in that area”. It is well documented, June 2001 (docs 307936 and 307905) and March 2002 (doc 420226) that the property in question (lot 38 RP910477) has severe problems with Sicklepod weed infestation. On all occasions, it has been requested by the Cairns City Council that measures be put into place to control or eradicate the infestation. Subdivision 4 of the Act which takes into account Sections 80 to 85, outlines the responsibility that private landowners have in relation to the control of declared weeds. In order to comply with the State Government legislation, this weed is to be prevented from being spread on this property and to any other properties. In order to prevent seed spread in conjunction with the proposed reconfiguration, it is necessary that a wash down bay be installed and rigorously used for all plant on this site. In addition, other controls such as containment of runoff water to catch seed and also the prohibited transport of fill from the site should be imposed as a requirement. It is recommend that the Department of Natural Resources and Mines are informed of the proposed development for the site. Further, the Department may also wish to impose certain conditions for the development. The reason that Sicklepod (Senna obtusifolia) is such a problem is that seed for is known to remain dormant and viable for up to 10 years. Should the seed be spread on machinery travelling from this site to another, then the landowner and plant operator can most certainly be held responsible for the infestation, and as such can possibly be subject to litigation by other landowners. This information will be included as an additional advice statement to the applicant. Allisen Wright Team Leader – Development Assessment Action Officer N A L Huddy Acting Manager, City Assessment

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APPENDIX 1

308

ORDINARY MEETING

18 DECEMBER 2002

31 YOUNG LEADERS FORUM DELEGATES Fiona Norman:FN : 10/22/1-03: #565760

RECOMMENDATION: That this report be noted.

INTRODUCTION: Cairns City Council recently sponsored Tegan Wone and Luke Tripovich, the school captains of Woree State High School, to attend the Young Leaders Forum held in Brisbane on the 12th of November 2002. Sandro Cossa, the co-ordinator of Industrial Technology and Design at Woree State High School, was chosen to accompany these students.

BACKGROUND: The Young Leader’s Foundation holds a series of leadership forums in capital cities annually, supporting 14-18 year olds to develop leadership skills and inspire students to make a positive contribution to their schools and community. The Foundation selects a group of high profile personalities to speak and interact with students during the series, acting as role models representing business, sport, politics, community service, science and the arts.

COMMENT: Luke Tripovich felt that he gained skills in leadership, motivation and problem solving during this forum, and especially enjoyed John Coutis speech about his life as a paraplegic. Tegan felt she gained similar skills including goal setting and felt the networking with other students was beneficial. Both Tegan and Luke exchanged contact details with “Leadership Buddies” from Brisbane High Schools, whom will provide support to each other during the next year. The Cairns delegates also requested a list of quotes from the conference organisers, to display in the year 12 common room, housing a number of senior committees. Luke and Tegan expressed their gratitude for Council’s sponsorship of local young people to attend this event, and felt that this conference was a worthwhile event.

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CONSIDERATIONS: Financial: The total sponsorship cost to Council was $1,282.00. Social: As school captains, this conference provided invaluable knowledge for Tegan and Luke to utilise within their school and the wider community. This sponsorship demonstrates Cairns City Council’s commitment to supporting regional young people, and ensuring equity of access to opportunities often out of reach of young people in the Far North. Media coverage in the Cairns Sun (page 4:13/11/02) of the two students attending the forum highlighted the positive role that young people play in the community. (see attachment)

CONSULTATION: Luke Tripovich School Captain Woree State High School Tegan Wone School Captain Woree State High School Helen McClaren Year 11 Co-ordinator Woree State High School

CONCLUSION: This sponsorship provided an opportunity for local young people to gain leadership skills that will be utilised within their school and the wider community, while showcasing the positive contributions young people make.

ATTACHMENTS: Cairns Sun article Wednesday 13th November 2002, page 4, “ Leadership Forum” Fiona Norman Youth Development Officer Peter Tabulo General Manager- City Development

311

ORDINARY MEETING

18 DECEMBER 2002

32 RESPONSE TO DEPARTMENT OF TOURISM, RACING AND FAIR TRADING – LIQUOR LICENSING DIVISION – FOR LIMITED LICENCES AT 97-99 HARTLEY STREET, PORTSMITH AND SHOP 18, 58-70 LAKE STREET, CAIRNS CITY (ORCHID PLAZA, CITY FLORIST AUSTRALIA) Anna Cronin: 8/20/6-01: #565518 PROPOSAL: LIMITED LICENCE APPLICANT: FUSHIA PTY LTD, NOMINEE: ANGELA

MITTELSTADT & ROBERT CLARKSON LOCATION: 97-99 HARTLEY STREET, PORTSMITH & 58-70

LAKE STREET, CAIRNS CITY PROPERTY: LOT 9 ON RP748708 AND LOT 12 ON

RP749587, PARISH OF CAIRNS ZONE: GENERAL INDUSTRY (LOT 9) AND CENTRAL

BUSINESS (LOT 12) STRATEGIC PLAN: INDUSTRY (LOT 9) AND CENTRAL BUSINESS

DISTRICT (LOT 12) DCP: LOT 9: DCP 1 – PRECINCT 8 DCP 5 – GENERAL INDUSTRY LOT 12:

DCP 1 – RESIDENTIAL DENSITIES – 800 PERSONS PER HECTARE DCP 2 – HEIGHT AND IMPACT OF BUILDINGS – PRECINCT 1

REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 3 DECEMBER 2002 DIVISION: 6 (LOT 9) AND 5 (LOT 12) APPENDIX: 1. INFORMATION REQUEST

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LOCALITY PLAN LOT 9

LOT 12

RECOMMENDATION: That the Liquor Licensing Division be advised that Council has no objections to the proposed limited licenses at 97-99 Hartley Street, Portsmith and Shop 18, 58-70 Lake Street, Cairns City.

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EXECUTIVE SUMMARY: The Department of Tourism, Racing and Fair Trading, Liquor Licensing Division have written to Council advising that Angela Mittelstadt and Robert Clarkson on behalf of Fushia Pty Ltd has applied for Limited Licenses at 97-99 Hartley Street, Portsmith and Shop 18, 58-70 Lake Street, Cairns City (Orchid Plaza, City Florist Australia). This gives Council the opportunity to assess the proposal and submit comments to the Liquor Licensing Division. PLANNING CONSIDERATIONS: Proposal The limited licenses will enable the sale of liquor for consumption off the premises in conjunction with the sale of floral arrangements/gift baskets containing a selection of other products. The sale of liquor would be limited to not more than 2 litres per gift basket. The liquor is stored at Hartley Street and delivered with floral arrangements/gift baskets. The subject land is included in the General Industry (Lot 9) zone and Central Business (Lot 12) zone in the Planning Scheme for Part of the City of Cairns. The proposed use is consistent with these designations. The Community Safety Officer and the Manager, Environmental Assessment were invited to comment on the proposed limited licenses and no comments were given. The proposal does not conflict with the General Policy – Liquor Licensing. Divisional Councillor Comments: - The Divisional Councillor’s have no objections/comments with respect to both applications. Anna Cronin Planning Officer Action Officer N A L HUDDY Acting Manager, City Assessment

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APPENDIX 1

316

ORDINARY MEETING

18 DECEMBER 2002

33 INFORMATION REQUEST FROM THE DEPARTMENT OF TOURISM, RACING AND FAIR TRADING - LIQUOR LICENSING DIVISION - FOR AN EXTENDED HOURS PERMIT FOR FITZROY ISLAND TOURIST RESOURT – FITZROY ISLAND Anna Cronin: 8/20/6-01: #568356 PROPOSAL: EXTENDED HOURS PERMIT FOR LICENSED

PREMISES APPLICANT: FITZROY ISLAND PTY LTD NOMINEE: JASON RYALL FINLAYSON LOCATION: UNNAMED ROAD, FITZROY ISLAND PROPERTY: LOT 169 ON NR5153, PARISH OF TRINITY ZONE: RESIDENTIAL 3 STRATEGIC PLAN: URBAN DCP: HILLSLOPES DCP – CATEGORY 1 REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 2 JANUARY 2002 DIVISION: 6 APPENDIX: 1. INFORMATION REQUEST

317

LOCALITY PLAN

RECOMMENDATION: The Liquor Licensing Division be advised that Council supports the application for extended hours permit, despite the non compliance with Council’s General Policy on Liquor Licensing. As the subject site is unique given the locality, existing development and type of people that visit the island. Therefore, the extended hours permit is not likely to impact on the amenity of the surrounding area. EXECUTIVE SUMMARY: The Department of Tourism, Racing and Fair Trading, Liquor Licensing Division has written to Council advising that Fitzroy Island Tourist Resort has applied for an Extended Hours Permit in accordance with the Liquor Act. This gives Council the opportunity to assess the proposed Extended Hours Permit and submit comments to the Liquor Licensing Division. PLANNING CONSIDERATIONS: Proposal The Liquor Licensing Division has advised Council that Jason Finlayson is applying on behalf of Fitzroy Island Pty Ltd for an Extended Hours Permit for the Fitzroy Island Tourist Resort, Fitzroy Island. The Extended Hours Permit would allow the sale of liquor, for the consumption on the premises, from 10 am to 2 am, Monday to Sunday. The current trading hours are from 10 am to 12 midnight, Monday to Sunday.

Fitzroy Island Tourist Resort

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However, no liquor may be sold for consumption off the licensed premises after 12 midnight or be taken away from the premises after 12.30 am. The subject land is included in the Residential 3 zone in the Planning Scheme for the Balance of the City of Cairns. The application is consistent with this designation. Comments received back from the Community Safety Officer and the Manager, Environmental Assessment is as follows: -

a. The application does not comply with the General Policy – Liquor Licensing, the

Fitzroy Island. Given the locality and management of the premises, the application is considered acceptable.

b. Responsible service of alcohol, is required on site.

Divisional Councillor Comments: - To be discussed at the meeting. Anna Cronin Planning Officer Action Officer N A L HUDDY Acting Manager – City Assessment

319

APPENDIX 1

321

ORDINARY MEETING

18 DECEMBER 2002

34 RELAXATION OF PLANNING SCHEME PROVISION AND AMENDMENT TO APPROVED BUILDING ENVELOPE: LOT 16 DOWSETT CLOSE, YORKEYS KNOB Neil Blamey: 8/20/1-75 : #561978 PROPOSAL: HEIGHT RELAXATION AND AMENDMENT TO

BUILDING SETBACK APPLICANT: D & M FLANAGAN TONY DRISCOLL PO BOX 1769 CAIRNS 4870 LOCATION: LOT 16 DOWSETT CLOSE, YORKEYS KNOB PROPERTY: LOT 16 ON SP117591 ZONE: RESIDENTIAL 3 (CONSTRAINED DEVELOPMENT AREA) STRATEGIC PLAN: RURAL CONSTRAINED DCP: HILSLOPES DCP - CATEGORY B REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NONE APPLICABLE STATUTORY ASSESSMENT DEADLINE: NONE APPLICABLE DIVISION: 10 APPENDIX: 1. PROPOSAL PLAN

322

LOCALITY PLAN

RECOMMENDATION: That Council not support the request for the relaxation of height under the Hillslopes Development Control Plan, and amendment to a building envelope plan to facilitate the construction of a dwelling as indicated on plans submitted with application letter (skids doc no. 563884) by ‘Designer for the Tropics’ dated 27 November 2002 on land described as Lot 16 on SP117591, located at Lot 16 Dowsett Close, Yorkeys Knob for the following reasons: 1. The intent of the subdivision approval that created the subject was that the

land could only be developed if the future development on the lots strictly complied with Hillslope DCP requirements.

2. No earthworks are permitted on the site in accordance with the December

1998 Development Approval for Reconfiguring a Lot in which Condition 13 requires only pier and beam construction types on this lot. Whilst post and beam construction has been proposed to some extent, earthworks are required for the carport and part of the lower level in the proposed development.

3. The Building setback plan is a condition of subdivision approval in this

steeply sloping and visually prominent area and the retention of a 6m building frontage setback is consistent with other lots on the lower side of the street.

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4. The request for height relaxation from the required 7.5m maximum height

(Hillslopes DCP) to the proposed 12.5m, 11.7m, 10m, 10.9m height at various cross–sectional points on the western side of the building is considered excessive and non-compliant with the Hillslopes DCP, and also non-compliant with the Residential 3 Zone height limits (11.5m) for two of the cross-sections.

5. The proposed development does not comply with the City Image objectives

in the Strategic Plan and insufficient merit exists to justify approving the proposal, despite the conflict.

EXECUTIVE SUMMARY: Council is in receipt of correspondence dated 27 November, 2002 requesting height relaxation and frontage setback relaxation for a dwelling to be constructed on visually prominent land described as Lot 16 on Dowsett Street, Yorkeys Knob and located in a Constrained Development Area. The proposal is substantially non-compliant with the subdivision’s Development Approval conditions or Council’s Hillslopes DCP for the Planning Scheme for the Balance of the City of Cairns. It is considered that the proposed dwelling will impact upon the visual amenity of the hillslopes when viewed from a number of significant viewing points. Accordingly, refusal of the request is recommended. BACKGROUND A Development Application for Reconfiguring a Lot creating 9 residential allotments was approved by Council for the parent lot at its Meeting of 21 December 1998. The Development Approval had several conditions designed to minimize the impact of future building development in this steeply sloping and visually prominent location. Conditions 8 to 13 of the Reconfiguring a Lot approval relate to facilitating sensitive development and in particular relate to on-going strict compliance with Hillslope Development Control Plan and Constrained Development Area issues. TOWN PLANNING CONSIDERATIONS: Proposal The applicant seeks height dispensation to the dwelling which proposes a maximum height of 12.5 metres (at the south-western corner) and 11.7 metres (on the central western side) to the roof pitching point above natural ground level, with these heights being on the western side of the lot which falls steeply away from the road, and the dwelling being of combined post and beam construction and slab on ground involving some earthworks for the bottom level.

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The applicant also requests relaxation of the front building setback requirements from 6m to 4m, which requires an amendment to the existing approved building envelope applying to the subject lot, and an amendment to delete the rear 5m indent in the building envelope plan which protects a mature tree. A proposal plan is contained at Appendix 1. Strategic Plan/Hillslopes DCP The site is contained within the Rural Constrained designation in the relevant Planning Scheme due to its severely constrained Hillslope location. The site is contained within the Hillslopes DCP – Category B designation permitting a maximum height of 7.5 metres above natural ground at any point. The Hillslopes DCP effectively reduces the normal Residential 3 height from 11.5m to 7.5m. Land Zoning The subject land is currently zoned Residential 3 within the Planning Scheme for Balance of the City of Cairns. The site is also designated as a Constrained Development Area due to its visual prominence which has implications to the City Image. Impact of Proposal Setbacks The Applicant has requested that the street frontage approved building envelope setback of 6m be amended to 4m, due to the steep slope of the subject land and the fact that the further the building projects out from the road to the west, the greater the potential height of the building above natural ground level that will result. The existing building envelope plan was required as a condition of the Development Approval for Reconfiguring a Lot. It is considered that the request for the street frontage setback amendment is not appropriate in the circumstances, as the intent of development in a Hillslopes DCP area is to construct split level buildings or buildings constructed to step down the slope from the road in order to reduce the overall height above ground level at any point. The building setback plan is a condition of subdivision approval in this steeply sloping and visually prominent area and the retention of a 6m building frontage setback is consistent with other lots on the lower side of the street. The Applicant has also requested that the building envelope 5m indentation in the rear property boundary be removed to allow the tree in this area to be removed. It is not considered appropriate that this particular tree be removed, as the original subdivision approval in this sensitive development area required the retention of as much significant vegetation as possible through the use of the building envelope mechanism. Consequently this request is not supported.

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Hillslopes DCP An assessment of the proposal against the provisions of the Hillslopes DCP has been completed with the following matters requiring Council’s further consideration:- The dwelling is partly slab on ground and partly post and beam construction. The site is contained within the Hillslopes DCP – Category B designation permitting a maximum height of 7.5 metres above natural ground at any point. The request for height relaxation from the required 7.5m maximum height (Hillslopes DCP) to the proposed 12.5m, 11.7m, 10m, 10.9m height at various cross–sectional points on the western side of the building is considered excessive and in non compliance with the Hillslopes DCP, and also in non-compliance with the Residential 3 Zone height limits (11.5m) for two of the cross-sections. Minimum earthworks are normally a requirement of building design and development in a Hillslopes DCP area. Earthworks are proposed for the carport and for part of the level 1 slab/block wall section, with the building to be seated into the cut area with no earth batters to be exposed. Only minor earthworks for post footings are to be located over the remainder of the site. However a condition of the subdivision approval resulting from negotiation with the applicant of the original subdivision, specifically requires pier and beam construction type only on this particular lot. Whilst the proposed development is designed to minimise earthworks to a certain degree, the subdivisional requirement for pier and beam construction on this steep slope is considered to be an overriding requirement, with any earthworks being considered inappropriate. Consequently the earthworks proposed for level 1 of the building are not appropriate in the circumstances, and a revised building plan detailing pier and beam construction and involving no cut or fill earthwork is required, in full compliance with Hillslope DCP requirements and the original subdivision approval. It is acknowledged that the construction materials of the dwelling will be sufficiently in compliance with the Hillslopes DCP, however given the height of the building and the amount of earthworks and vegetation proposed to be removed, and that the subject site is also included in a Constrained Development Area, it is considered that the proposed development is not consistent with the City Image objectives in the Strategic Plan. The proposed development and request for height dispensation has been assessed against the Hillslopes DCP and it is considered insufficient merit exists for the extent of height relaxation requested in this locality and accordingly the proposal is not supported in this instance. Neil Blamey Senior Environmental Planning Officer N A L Huddy Action Officer Acting Manager – City Assessment

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APPENDIX 1 – PROPOSAL PLAN

330

ORDINARY MEETING

18 DECEMBER 2002

35 REQUEST TO CHANGE CONDITIONS OF APPROVAL FOR 133-135 MT PETER ROAD, EDMONTON Allisen Wright: 8/13/518-01 : #565161 PROPOSAL: REQUEST TO CHANGE CONDITIONS OF

APPROVAL APPLICANT: DEBORAH LANE P O BOX 377W WESTCOURT Q 4870 LOCATION: 133-135 MT PETER ROAD, EDMONTON PROPERTY: LOT 2 ON RP721748, PARISH OF GRAFTON ZONE: RESIDENTIAL 1 STRATEGIC PLAN: URBAN DCP: HILLSLOPES DCP – CATEGORY A REFERRAL AGENCIES: NIL NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 31 DECEMBER 2002 DIVISION: 2 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council resolve to approve the request to delete Condition 9 of the Negotiated Decision Notice (8/13/518) for Reconfiguring a Lot (1 into 2 lots) approved on 24 October 2002 for land located at 133-135 Mt Peter Road, Edmonton and described as Lot 2 RP721728 and replace it with the following condition:

9. The building/structure adjacent to the Mt Peter Road frontage must be brought into conformity with the requirements of the Building Regulations as a single detached dwelling only. The applicant must submit a structural report on the building, and plans of the proposed building renovations, for a Development Permit for Building Work within nine (9) months of the issue of this change to conditions of Development Approval 8/13/518, or otherwise demolish the building.

In all other regards the conditions and advice contained in the Negotiated Decision Notice 8/13/518 decided by Council on 24 October 2002 remain unchanged.

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EXECUTIVE SUMMARY: Council at its Ordinary Meeting of 28 November 2002 considered a request to delete Condition 9 of the Negotiated Decision Notice (8/13/518) for Reconfiguring a Lot (1 into 2 lots) at 133-135 Mt Peter Road, Edmonton, approved on 24 October 2002. Condition 9 relates to the demolition of the building/structure adjacent to the Mt Peter Road frontage of the property. Council resolved to refuse the request based on concerns regarding the perpetuation of 3 dwelling units (caretaker’s residence, and a duplex) on the property. Council is now in receipt of an amended request to delete Condition 9 and replace it with a requirement to bring the building/structure into conformity with the requirements of the Building Regulations for the purpose of a single detached dwelling. Thus only two (2) single detached dwellings will remain on the property; this is defined as a dual occupancy, which is a self-assessable use in the Residential 2 zone under the Planning Scheme. The request is considered to be reasonable and should be supported. TOWN PLANNING CONSIDERATIONS: Proposal The applicant has requested that Council delete Condition 9 of Negotiated Decision Notice 8/13/518. Condition 9 currently reads:

9. The building/structure adjacent to the Mt Peter Road frontage must be demolished and/or removed from the subject land prior to the approval and signing of the Plan of Survey.

The applicant wishes to retain the building on the property for economic reasons. The building to be demolished is currently a single detached dwelling (previously a duplex). Currently both the single detached dwelling and the caretaker’s residence/dwelling are located on the proposed lot. Both buildings were lawfully established on the property in 1980. The continuation of the existing situation, two (2) single detached dwellings on the subject property (dual occupancy) is not expected to have a negative impact on the residential amenity of the surrounding area. The request is considered to be reasonable given that a dual occupancy is a self-assessable use in the Residential 2 zone. However as the building is in a bad state of repair Condition 9 will be replaced with a condition requiring the building to be brought into conformity with the requirements of the Building Regulations for the purpose of a single detached dwelling. Condition 9 should be replaced with the following:

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9. The building/structure adjacent to the Mt Peter Road frontage must be

brought into conformity with the requirements of the Building Regulations as a single detached dwelling only. The applicant must submit a structural report on the building, and plans of the proposed building renovations, for a Development Permit for Building Work within nine (9) months of the issue of this change to conditions of Development Approval 8/13/518, or otherwise demolish the building.

Allisen Wright Team Leader City Assessment Action Officer N A L HUDDY Acting Manager – City Assessment

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APPENDIX 1

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ORDINARY MEETING

18 DECEMBER 2002

36 CAIRNS PORT AUTHORITY LAND USE PLAN – PROPOSED AMENDMENTS Deborah Wellington: 8/26/5-05: #567335

RECOMMENDATION: That Council provide written confirmation to the Cairns Port Authority that the proposed amendments to the land use plan are acceptable.

INTRODUCTION: The Cairns Port Authority has amended the Land Use Plan over their port holdings. The amendments aim to rectify a number of anomalies in the Land Use Plan. The changes will assist primarily in the interpretation of the plan and do not alter the intent of the Land Use Plan. The Department of Transport has advised the Cairns Port Authority that as part of the formal process the amended Land Use Plan should be forwarded to Cairns City Council for support. The Cairns Port Authority is now seeking written confirmation from Council that the proposed amendments to the Land Use Plan are considered acceptable.

BACKGROUND: The Cairns Port Authority Land Use Plan was displayed for public comment at the end of October 2000 and was gazetted on the 28 June 2002.

COMMENT: The attached letter from C & B Consultants outlines the proposed changes in summary.

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CONSIDERATIONS: Statutory: Section 171 of the Transport Infrastructure Act 1994 requires each Port Authority to prepare a Land Use Plan for approval by the Minister. The Cairns Port Authority has prepared their Land Use Plan as a planning document consistent with the provisions of the Integrated Planning Act. Policy: The Land Use Plan has been prepared consistent with the provisions of the Integrated Planning Act in order to ensure the development controls on Cairns Port Land will be similar in many ways to development controls on the adjacent land under the control of Council. In this respect it is consistent with the Sustainable Growth and Development Key Result Area. Financial: No financial implications. Social: The Land Use Plan provides a tool for the Cairns Port Authority to achieve its mission to “support the sustainable growth of the Far North Queensland region through the innovative management and provision of efficient, safe and secure airport, seaport and tourism related facilities”.

CONSULTATION: The Cairns Port Authority has undertaken the required consultation on the proposed amendments to the Land Use Plan.

OPTIONS: That Council provide written confirmation to the Cairns Port Authority that the proposed amendments to the Land Use Plan are acceptable. That Council not provide written confirmation to the Cairns Port Authority that the proposed amendments to the Land Use Plan are acceptable.

CONCLUSION: The proposed amendments to the Land Use Plan are intended to provide consistency and clarification. The policy intent of the document has not changed.

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ATTACHMENTS: 1. Letter from C & B Consultants. Deborah Wellington Senior Project Officer Greg Underwood Manager Strategic Planning Peter Tabulo General Manager City Development

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Attachment No. 1 Our Ref: 6054/cb/L74681 9 December 2002 Cairns City Council PO Box 359 CAIRNS QLD 4870 Attention: Mr Peter Tabulo General Manager City Development Dear Mr Tabulo

Re: Cairns Port Authority Land Use Plan We refer to our meeting last week to discuss the proposed amendments to the Cairns Port Authority Land Use Plan. As discussed, it is intended to amend the Land Use Plan, essentially to rectify a number of anomalies in the Plan. The changes proposed are primarily to assist in the interpretation of the Plan and do not alter the intent or policy position of the plan. A copy of the amended Land Use Plan (including all proposed changes) is enclosed for your information. By way of summary, outlined below are the key changes to the Land Use Plan. Volume 1 – Administrative & Assessment Requirements An overview of the requirements of Schedule 8 of IPA and when development is assessable has

been included; Clarification on how to use the plan (Section 3.3);

Clarification on the matters to be considered in determining if a material change of use is a “consistent use” (and is therefore exempt);

A new definition of a “consistent use” has been included;

Amendments to the “plot ratio” definition has been amended to clarify how plot ratio is determined; and

A new definition of a “preferred use” has been included. Volume 2 – Cityport Local Area Plan Clarification on determining when a material change of use is a “consistent use” has been included; Clarification on how to use the plan – Section 1.4;

The development principles for each precinct have been amended to make the requirements outcomes based – as per the Department of Local Government and Planning’s requirements in drafting new Planning Schemes;

Inclusion of a maximum density provision for each precinct – Precincts 1 and 2 currently do not include this requirement;

Clarification of the built form requirements for Precinct 2 – maximum building height and setbacks;

Clarification of the built form requirements for Precinct 5 – inclusion of additional setback requirements;

Amendments to the setback requirements for Precincts 6 and 7;

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Amendment to the maximum site cover requirements for Precincts 4, 5, 6, 10 and 11 to reflect the site cover requirements as per the Cityport Master Plan; and

Amendments to Precinct 10 to reflect the existing approvals for the Reef Fleet Terminal and clarification of maximum density and plot ratio requirements for this precinct.

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Volume 3 – Seaport Local Plan Clarification on determining when a material change of use is a “consistent use” has been included ; Clarification on how to use the plan – Section 1.4; and

based – as per the Department of Local Government and Planning’s requirements in drafting new Planning Schemes.

Volume 4 – Airport Local Plan Clarification on determining when a material change of use is a “consistent use”;

Clarification on how to use the plan – Section 1.4 has been provided; and

The development principles for each precinct have been amended to make the requirements outcomes based – as per the Department of Local Government and Planning’s requirements in drafting new Planning Schemes.

Volume 5 – Codes Clarification on how to use the Codes;

Deletion of the Child Care Centre Code; and

The development principles (performance criteria and acceptable solutions) of each Code have been amended to make the requirements outcomes based – as per the Department of Local Government and Planning’s requirements in drafting new Planning Schemes.

As you will note from the above summary of the proposed changes, the main change to the Land Use Plan is to clarify when a use is a “consistent use” – this is unclear in the current Land Use Plan. This change and the changes to Precinct 10 to reflect the current development were the basis for amending the Land Use Plan. As per the previous correspondence from Cairns Port Authority, the Department of Transport has advised that as part of the formal approval process they require confirmation from Council that the proposed changes are acceptable. It would be appreciated if this advice could be provided as soon as possible. We understand this matter will be considered at the next Council meeting – 18th December 2002. We trust this clarifies the intent of the proposed changes. Should you require any additional information please do not hesitate to contact either Michael Colleton at Cairns Port Authority or the undersigned. Yours faithfully C&B GROUP CAROLYN BEASLEY SENIOR PLANNER enc. Amended Land Use Plan cc: Cairns Port Authority

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ORDINARY MEETING

18 DECEMBER 2002

37 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – SERVICE VEHICLE ACCESS – 373-379 & 381 MCLEOD STREET, CAIRNS NORTH Jenny Elphinstone: 8/8/363 : #567156 PROPOSAL: SERVICE VEHICLE ACCESS APPLICANT: TLDC PTY LTD C/ C & B GROUP TY LTD PO BOX 1949 CAIRNS QLD 4870 LOCATION: 373-379 & 381 MCLEOD STREET, CAIRNS

NORTH PROPERTY: PART OF LOT 7 ON SP 133795 PARISH OF

CAIRNS ZONE: MEDIUM DENSITY RESIDENTIAL STRATEGIC PLAN: MEDIUM DENSITY RESIDENTIAL DCP: DCP 1 – RESIDENTIAL DENSITY – MAX

400PPH DCP 2 – HEIGHT & IMPACT OF BUILDINGS –

PRECINCT 5 REFERRAL AGENCIES: NONE NUMBER OF SUBMITTERS: 5 STATUTORY ASSESSMENT DEADLINE: 18 DECEMBER 2002 DIVISION: 6 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council refuse the application for a Material Change of Use for service vehicle accesses to McLeod Street, for land at 373-379 and 381 McLeod Street, Cairns North on the following grounds: 1. The development conflicts with the Strategic Plan. No reasonable planning

grounds are given to support a conflict with the Strategic Plan. 2. The development will detrimentally affect the amenity of the residential area

of Short and McLeod Streets, Cairns North. 3. The development if approved will result in undesirable traffic movements of

service vehicles to and from this part of McLeod Street and also within the McLeod Street precinct.

4. The proposed turning areas within the roadway area are undesirable. Traffic

should enter and leave the site in a forward direction, as per the Planning Scheme requirements.

5. The existing roundabout and traffic movement system for the entrance to

the land, from Greenslopes / Arthur Street, is sufficiently designed to cater for the service vehicle movements.

Subject land

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6. The internal road network is sufficiently designed to cater for the service vehicle movements.

EXECUTIVE SUMMARY: Application has been lodged for two service vehicle accesses via McLeod Street for the Greenslopes Street “The Lakes” resort site. The previous approvals affecting the land restricted access to Greenslopes Street. Residents of McLeod Street have expressed concerns regarding increased detriment to the amenity of the residential area of McLeod Street. The extent of servicing to be provided via the proposed accesses is considered to result in an undesirable detriment to the amenity of the residents of the surrounding area, that being Short Street and along McLeod Street to Greenslopes Street, and undesirable traffic movements within the area and on the street. The report recommends the refusal of the application. TOWN PLANNING CONSIDERATIONS: Background “The Lakes” resort is an integrated multi unit development providing both accommodation unit (permanent accommodation) and holiday unit accommodation. Council had previously resolved to approve a staged subdivision of the land in June 1998. The conditions of the subdivision were the subject of an appeal and are contained within a Court Order Decision dated 28 April 1999. The 1998 subdivision allowed the creation of separate lots, with common land (that included an internal roadway), upon which units would be constructed. The units would then be subsequently re-subdivided by a Building Format Plan. In 1998 the majority of the site was zoned Medium Density Residential and the uses of Accommodation Units (Medium Density) and Holiday Units (Medium Density) were self-assessable uses. The subdivision application did not require approval for the proposed land use. The application included details that the development would and could cater for 240 units, either self-contained Holiday units, permanent residential accommodation units, or a combination of these two uses. For the remainder of the site that was then zoned Residential a separate approval was issued by Council at its Meeting held on 19 April 1999 for a Material Change of Use (Impact Assessment) for 240 Accommodation Units (Medium Density) and/or Holiday Apartments (Medium Density) subject to conditions (8/8/72). This approval essentially rezoned the land from Residential to Medium Density Residential.

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Proposal Access and egress to the site is limited to Greenslopes Street. This restricted point of access was initially proposed by the applicant and is reiterated through the conditions of the Court Consent Order and also the Council MCU approval issued in April 1999. The current application for new vehicle accesses to McLeod Street is a new Material Change of Use application and not an application to amend either the existing approval or the Court Consent Order. The new application effectively overrides the previous approvals. The applicants state that since the issue of the original approval the proportion of holiday apartments usage to permanent accommodation has increased and this results in an increased requirement for laundry and linen services. To address this increase in service demand the applicants initially proposed that part of the building facing McLeod Street, the Wuruma apartments, be utilised as a service centre with a single driveway off McLeod Street (external access only). Approval was sought for the service vehicles, to the laundry and linen service centre in the Wuruma apartment, to utilise access via McLeod Street so as to minimise the possible conflict of internal vehicles and pedestrians within the Greenslopes Street complex. Resident and visitor’s cars for the Wuruma apartments would still be restricted to the Greenslopes Street access/egress. The public notification of the original proposal was undertaken and five submissions were received in response. Concern had been raised with the proposed reverse traffic movements on McLeod Street and impact in the surrounding residential area. Council officers were prepared to support this limited service access subject to stringent conditions. As a result of concerns raised by Council officers and submitters the application was amended and the public renotified. Amended Proposal The amended application seeks to relocate the resort service facility to the non-residential building, located to the north of the Wuruma apartments. This building will provide facilities including a restaurant at ground floor level, a gymnasium and indoor entertainment at the upper floor. The facilities will be available to in-house guests (and their guests/visitors) only. Two new access points will be provided: one to the north of the new northern building for the service facility (delivery of linen and other supplies to service guest rooms) and involving 3-4 return movements per day; and a second vehicle access to the south of the new building providing access to a workshop and maintenance area. This second access point is to be utilised for maintenance activities such as plumbing, mechanical, landscaping and lawn mowing services with an anticipated 2-3 return traffic movements per day. Neither vehicle service access will be connected to the internal traffic driveways serving the remainder of the resort, thus resulting in reduced conflict between service vehicles and pedestrian and tourist movements within “The Lakes” complex.

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The applicant has designed paved turning areas within the road alignment on McLeod Street to enable the service vehicles to reverse into the loading/service bay areas. This will enable the service vehicles to exit the site in a forward direction. Strategic Plan / Land Zone The use of the land for the purpose of residential units, whether for permanent resident accommodation or holiday units is impact assessable in the Residential zone and Council’s support for the 1999 application, for development adjacent to McLeod Street, gave consideration to the internal focus of the development. In essence the new units would face the internal road network and result in very limited integration with McLeod Street. The units would be visible from McLeod Street but there would be no pedestrian or vehicle access. It was on the basis of this development that this portion of the land was rezoned, by a consequential Planning Scheme amendment, to the Medium Density Residential zone. The Strategic Plan designates the preferred future land use as Medium Density Residential. The Plan states, “Medium density residential development within this designation is primarily intended to accommodate permanent residents. Accommodation for tourists should only take place on sites which have a high level of accessibility and in locations where permanent residents will not be adversely affected by the movement of taxis, tourist coaches, etc.” The impost of the proposed vehicle service access points in McLeod Street is considered to be detrimental to the residents of McLeod and Short Streets by way of increased traffic movements and vehicle turning within the road alignment area. The development is considered to be in conflict with the Strategic Plan. While there is an ability through the Integrated Planning Act to support a development approval that is conflict with the Strategic Plan where reasonable planning grounds exist, in this instance no reasonable grounds are found. “The Lakes” resort was designed with a residential density far less than what could have been developed under the Development Control Plan – Residential Density requirements. It was designed to cater for either tourist or permanent accommodation and consideration was given that the internal road network could support the servicing needs of either type of use. There has been no change in these parameters. Whether the use is Holiday units or Accommodation units similar servicing requirement for buildings and grounds maintenance will be generated. It is not considered appropriate that service vehicles should be imposed on McLeod Street and its surrounds, rather than utilise the resort’s internal roadway. While the applicant states that the alternative access will reduce conflict between pedestrian and traffic movements within The Lakes site, it merely shifts the conflict to the public domain of the permanent residents of McLeod Street. The higher content of Holiday units may generate an increased demand for room housekeeping. It will also conversely result in a decreased number of car trips generated. Eppell Olsen study to Council on tourist car parking needs in the CBD and Cairns North area nominated a rate of 0.75 car spaces per unit as opposed to a rate of 1.0 car space per unit for permanent residents.

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The uses of Holiday Units (Medium Density) and Accommodation Units (Medium Density) are both self-assessable uses in the Medium Density zone. The development of a “service” building to the north of the Wuruma apartments for a restaurant, gymnasium and “kids club” is considered to be an ancillary development to the residential component while the mixed use facility services only the residents of “The Lakes” development. The intent of the Medium Density Residential zone anticipates that such uses will be permitted in the zone however it also qualifies the extent of support and commercial facilities to those that are, “directly associated with and incorporated within accommodation facilities catering primarily for tourists …” It would be difficult to restrict by conditions the use of the proposed service access point to only building/grounds maintenance and housekeeping support services. In particular, given the location of the proposed restaurant, gymnasium and kids club in the northern building it is likely that the service access point would soon provide a loading/service area for these other facilities. This additional “servicing” would further impose on the residential amenity of the residents of the Short and McLeod Streets area. Concern is also raised that the provision of access to McLeod Street will result in staff of the Lakes development parking in McLeod Street. All parking associated with the Lakes development should be provided for on the subject land itself. Public Notification/Submissions In response to the original application three individual submissions were received from residents of McLeod Street. One submission was lodged by a Body Corporate representing nine lot owners. As a result of the re-notification (for the amended application) five submissions, including one from a Body Corporate, were received. The grounds of objection are summarised as follows. The original development always intended to cater for Holiday Apartments and the servicing needs and arrangements required are not unexpected. The previous approvals restricted access to Greenslopes Street so that the residential area of McLeod Street would not be affected by vehicle traffic visiting the site during the night and day affecting the residential area by way of increased noise and pollution, in particular from vehicles starting and stopping. The proposal in essence turns McLeod Street into a service lane for The Lakes resort. Residents chose to live in McLeod Street due to its quiet neighbourhood. The vehicles using the proposed access will be reversing into the loading dock, which will create excessive noise. These vehicles are fitted with reversing alarms and would be very disruptive. The slamming of doors, running engines, loading and unloading of goods will be extremely annoying since the sound will echo off the walls. There is limited road pavement available on this part of McLeod Street. When two vehicles currently pass there is considerable dust raised. This situation will only worsen by the proposed increase in traffic. The street pavement has a narrow width and is designed for minimal traffic. There is no roundabout at the corner of Greenslopes Street and the access adjacent to the railway crossing is dangerous. The Lakes has a roundabout especially built, and a large entrance at their main gate, which is much safer for vehicles to turn into and out of.

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The concerns expressed by the residents are founded. It is noted that while noise is nominated as a concern, the degree of ambient noise has a considerable range from a quite residential area to times of excessive noise created by air traffic, road traffic from Greenslopes Street and the Captain Cook Highway and noise generated by children playing at the nearby local primary school. To this extent at some times during the day the noise generated by vehicle movements can be considered detrimental whilst at other times such noise will be “drowned out” by louder ambient noise.

Impact of Development The limiting of access and egress to Greenslopes Street, under the existing approvals, acknowledged and addressed concerns raised by residents of McLeod Street. As the previous Council report commented, “McLeod Street and in particular the intersection with Arthur Street is not appropriate for heavy, slow construction vehicles. The intersection is further complicated by the train crossing and the submitters concerns are shared.” The intent of the original approval was that a high volume of traffic, either for permanent residents or service vehicles catering for holiday apartment occupants would be generated by the development. For these reasons the access and egress of the development was restricted to Greenslopes Street. It is noted, however, that the site does have legitimate frontage to McLeod Street and under normal circumstances if developed for a single dwelling would be expected to generate a limited number of traffic movements per day. However, the extent of service vehicle movements proposed is considerably greater than that generated by a single dwelling and conditions of an approval limiting vehicle trip movements would be difficult to impose and enforce given the location of additional resort facilities in the new northern building, adjacent to the proposed vehicle access points. The development approval 8/8/72 issued for accommodation units / holiday apartments also found access via McLeod Street to be inappropriate. Circumstances have not changed to now warrant access via McLeod Street. Council Officers had previously raised concern that the proposed access necessitates vehicles to either reverse into the site or leave in a reverse direction and this is not considered a safe or appropriate movement in a residential area. The applicant’s response to provide formal turning areas within the road alignment, rather than on the subject land, is not considered an acceptable nor safe solution. Council’s Plumbing Officers have commented that the proposed access will be sited over the sewer and water mains. HEADWORKS / CONTRIBUTIONS: No headworks / contributions are applicable as no increase in floor area or the number of accommodation /holiday units is proposed. Jenny Elphinstone N A L Huddy Senior Planning Officer Acting Manager, City Assessment Action Officer

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Appendix 1 – Site Layout Plan

350

ORDINARY MEETING

18 DECEMBER 2002

38 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – 26 MULTIPLE DWELLINGS / HOLIDAY APARTMENTS (MAXIMUM 4 STOREYS) – 88-90 MOORE STREET, TRINITY BEACH Neil Beck: 8/8/396-01 : #568623 PROPOSAL: MULTIPLE DWELLINGS / HOLIDAY

APARTMENTS (MAXIMUM 4 STOREYS) APPLICANT: H A MELLICK C/- PLANNING FAR NORTH P O BOX 7801 CAIRNS Q 4870 LOCATION: 88-90 MOORE STREET, TRINITY BEACH PROPERTY: LOT 1 ON RP742905, PARISH OF SMITHFIELD ZONE: RESIDENTIAL 3 STRATEGIC PLAN: URBAN DCP: HILLSLOPES DCP REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 11 DECEMBER 2002 DIVISION: 11 APPENDIX: 1. FLOOR PLANS 2. BUILDING ELEVATIONS

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LOCALITY PLAN

RECOMMENDATION: A. That Council approve the Material Change of Use (Impact Assessment)

application in part for 9 x three (3) bedroom and 12 x two (2) bedroom Multiple Dwellings / Holiday Apartments on land described as Lot 1 on RP742905, Parish of Smithfield, located at 88 – 90 Moore Street, Trinity Beach subject to the following conditions:- Assessment Manager’s Conditions 1. The proposed Plan of Development being Drawing No. 01 Dated May,

2002 received by Council on 13 November, 2002 by Hedley Group is approved subject to any alterations:- a. Found necessary by the Council at the time of examination of the

Engineering Plans or during the construction of the development because of particular engineering requirements;

b. To ensure that the development complies in all respects with the requirements of Council's Development Manual and good engineering practice; and

c. The plans, specifications, facts and circumstances as set out in the application submitted to Council;

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Except where modified by these conditions of approval and any consent or endorsement issued thereunder; and any consent or endorsement issued pursuant to these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit must be effected prior to the commencement of the use, except where specified otherwise in these conditions of approval.

Building Height 3. The height of the proposed building fronting Vasey Esplanade must not

exceed three (3) storeys measured from natural ground to the underside of the ceiling.

Car Parking 4. The amount of vehicle car parking must be as specified in Council’s

Planning Scheme which is a minimum of 32 car parking spaces plus one vehicle washing bay. The car parking layout must comply with the Australian Standard AS2890.1 1993 Parking Facilities – off street car parking, except as varied with the consent of the Chief Executive Officer.

Vehicle Wash Bay

5. The applicant must provide a covered designated wash down bay or

alternatively provide a stormwater diversion valve to prevent the ingress of stormwater to sewer. The wash down bay must be provided with a suitable hose cock and hose attached to such area, which is connected to sewer via a 550 litre triple interceptor trap to the satisfaction of the Chief Executive Officer.

Parking Construction 6. The car parking must be constructed in accordance with Council's

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

Parking Signage 7. The applicant/owner must provide signage, to the satisfaction of the

Chief Executive Officer, advising of the location of the off-street car parking area and access thereto.

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Details of the signage must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Building Work. The signage must be erected prior to the issue of the Certificate of Classification for Building Work.

On-site Cyclist Facilities

8. On-site cyclist provisions including parking racks, security and

employee change and shower facilities, in compliance with the Austroads - Standards Australia (Guide to Traffic Engineering Practice Part 14 - (Bicycles) must be provided prior to commencement of the use, all to the satisfaction of the Chief Executive Officer. To comply with this requirement, the applicant/owner must provide at least one (1) all-day bicycle parking for employees and four (4) short term bicycle parking facilities; and an appropriate area set aside to allow a minimum of ten (10) short term bicycle parking facilities in the event that the full demand for bicycle parking is necessary.

Screen Fence 9. The applicant/owner must provide a screen fence (minimum height of

1.8 metres and maximum gap of 10mm) to the side boundaries of the subject land, to the satisfaction of the Chief Executive Officer. The required fencing must be consistent in terms of design and materials with other similar fences in the locality. Details of the screen fence must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out of Building Work.

Landscape Plan 10. The applicant/owner must landscape the subject land and both street

frontages in accordance with the Development Manual Part 4 – Landscaping, the Marlin Coast Landscape Master Plan, and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Building Work. In particular, the plan must show:

a. planting of the Moore Street footpath with trees or shrubs

depending on any overhead powerline constraints; b. the provision of shade trees to shade western walls; c. landscaping of other required setback areas; d. the provision of tall established landscaping in the designated

landscaped areas fronting Vasey Esplanade;

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e. retaining walls (including any approved engineering detail) must be constructed in rock or timber material, or coloured dark brown, dark grey, dark ochre or other suitable colour approved by Council to blend visually with the natural coastal hillslope setting;

f. the substantial planting of the terraced areas fronting Vasey Esplanade to screen the retaining walls, and to effectively screen the basement car park; and

g. the retention of significant vegetation located adjacent the side boundaries of the allotment.

Landscaping Establishment 11. Areas to be landscaped must be established prior to the

commencement of use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Minimum Fill and Habitable Floor Levels 12. All habitable floor levels in all buildings must be located 300mm above

the Q100 flood immunity level in accordance with Development Manual Guidelines and the requirements of the Planning Scheme for the Balance of the City of Cairns.

Lawful Point of Discharge 13. The applicant/owner must ensure that the flow of all external

stormwater from the property is directed to a lawful point of discharge being Moore Street such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Drainage Works For Building

14. A stormwater drainage plan, prepared by a suitably qualified

consultant, must be submitted and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Building Work.

Such works must be constructed in accordance with the endorsed plan, to the satisfaction of the Chief Executive Officer prior to the issue of the Certificate of Classification.

Soil and Water Management Plans 15. Soil and water management (erosion control) plans in accordance with

Council's Development Manual must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Building Work.

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The soil and water management plans must also detail proposed stabilization works and other proposed treatments intended for the site through the construction phase of the development.

Installation of SWM Measures 16. The soil and water management measures endorsed by the Chief

Executive Officer must be installed/implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and Council's Development Manual).


Management/Road Upgrading Program in accordance with the Cairns City Council Traffic Management Plan for Trinity Beach. The contribution rate is that which is current at the time of payment. The current rate of contribution is $35,370.10 (17 ERA’s). Payment is required prior to the issue of a Development Permit for Building Works.

Details of Development Signage 18. Details of any signage proposed in association with the development

must be submitted and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Building Work.

Night Lighting 19. All night lighting must be designed and constructed to the satisfaction

of the Chief Executive Officer so as to ensure that light emitted from the subject land does not, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).

External Lighting

20. All external lighting installed upon the premises including car parking areas must be certified by Ergon Energy (or such other suitably qualified person). The lighting must conform with the Planning Scheme, whereby vertical illumination at a distance of 1.5 metres outside the boundary of the subject land shall not exceed eight (8) lux measured at any level upwards from the ground level.

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Health Conditions 21. An area of a suitable size is to be provided at ground level to store the

number of refuse bins required to service the site. Brochures on these requirements - ‘Requirements for Flats and Multiple Dwellings’ are available from Environmental Assessment. The enclosure must be imperviously paved, roofed and bunded to prevent the ingress of stormwater and drained to Council’s sewer. Pre-treatment may be required for the sewer connection in accordance with Council’s Trade Waste Policy.

22. Noise from either air conditioning units, swimming pool filters, service

equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Regulation 1998 (Part 2A – Environment Nuisance).

Water Saving

23. Toilet devices in the development must be fitted with dual flush

cisterns and showers and hand basins in the development shall be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

Construction

24. At all times, the applicant is to ensure dust suppression measures are

undertaken for the site to ensure that all materials are appropriately stored and any unsealed areas do not create a dust nuisance to surrounding areas to the satisfaction of the Chief Executive Officer.

25. The applicant shall ensure that on completion of any on-site construction works, the subject land will be maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer.

External Works 26. The applicant/owner must at its own cost undertake the following

works external to the subject land:

a. Construct a 2.0 metre wide concrete footpath along the Moore Street frontage; and

b. Provision of a concrete crossover(s) and apron(s) on the Moore Street frontage.

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Three (3) copies of a plan of the works must be in accordance with the Marlin Coast Landscape Master Plan and Council’s Development Manual. Such plans must be submitted to and be endorsed by the Chief Executive Officer prior to the commencement of work and must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of use.



2. This approval, granted under the provisions of the Integrated Planning

Act 1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

3. Suitable access and facilities to cater for disabled persons should be

provided within the approved development to ensure the development does not conflict with the provisions of the Disability Discrimination Act

4. All building site managers must take all action necessary to ensure

building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning is received and that the relevant emergency telephone contacts are provided to Council Officers prior to the commencement of works.

5. Signs on the subject land must conform with Council's Local Law No.

28 (Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer. All signage in respect of the approved development must obtain the necessary approvals pursuant to Local Law 28. Council’s City Assessment Branch has administrative responsibility for this matter.


www.ipa.qld.gov.au . To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au

B. That Council support a relaxation of site coverage in accordance with

Section 1.5.2 of Part D of the Planning Scheme for the Balance of the City of Cairns to permit a site coverage of 32.4% to facilitate the construction of Multiple Dwellings / Holiday Apartments on land described as Lot 1 on RP742905, Parish of Smithfield located at 88 – 90 Moore Street, Trinity Beach.

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C. That Council support a relaxation of height under the Hillslopes Development Control Plan to facilitate the construction of Multiple Dwellings / Holiday Apartments to a maximum height of three (3) storeys above natural ground level on the Vasey Esplanade frontage of the allotment described as Lot 1 on RP742905, Parish of Smithfield located at 88 – 90 Moore Street, Trinity Beach.

EXECUTIVE SUMMARY: Council is in receipt of a Material Change of Use – Impact Assessment application to facilitate the construction of 26 Multiple Dwellings / Holiday Apartments (Max. 4 Storeys) consisting of 14 x 2 bedroom and 12 x 3 bedroom units on land located at 88 – 90 Moore Street, Trinity Beach. At the Ordinary Council meeting of 28 November, 2002, Council resolved to defer the application pending a site inspection. The site inspection occurred on 13 December 2002. The application is now re-submitted for Council’s consideration. No changes have been made to the original recommendation, and officers stand by their assessment that the proposed development is inconsistent with the planning intention shown in the north Vasey Esplanade area, over the life of the current Planning Scheme, and since the mid 1980s. The subject application is over one allotment having a total land area of approximately 4048m2 and is currently zoned Residential 3 within a designated Tourist Development Area under the Planning Scheme for the Balance of the City of Cairns. The development application requires an assessment under the Hillslopes DCP as the development proposed in the north eastern portion of the allotment is deemed to be in Category B of the Hillslopes DCP due to the visual prominence of the area of the allotment fronting Vasey Esplanade. The applicant seeks a dispensation on height of the proposed building fronting Vasey Esplanade from natural ground, population density and site cover under the Planning Scheme. The request to dispense with the height of the building to facilitate the construction of a four (4) storey building in this location is not supported at Officer level. Recommended conditions of approval require the applicant to reduce the height of the building fronting Vasey Esplanade to three (3) storeys. The proposed development does not comply with the Planning Scheme with regard to population density, however the elimination of the top storey of Building B will ensure compliance with density provisions.

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TOWN PLANNING CONSIDERATIONS: Subject Site The subject site is located at 88 - 90 Moore Street, Trinity Beach and described as Lot 1 on RP742905, Parish of Smithfield. The land is a regular shaped allotment with road frontage of approximately 40 metres to Moore Street and approximately 51 metres to Vasey Esplanade. The allotment is dominated by a ridgeline fronting Vasey Esplanade with slopes in the general vicinity of 1:9 towards Moore Street. The allotment is in an elevated position giving it visual prominence when viewed from Vasey Esplanade, Trinity Beach and the Coral Sea. The allotment currently contains a highset dwelling in reasonable condition which will either be removed or demolished. The allotment is located between two existing developments being the Trinity Beach Hotel to the south and ‘Amaroo’ Holiday Apartments to the north. Other higher density residential development is located in the general vicinity. Proposal The application seeks Council’s approval to facilitate the establishment of 14 x 2 and 12 x 3 bedroom Multiple Dwellings / Holiday Apartments being contained in two (2) separate buildings. The proposed building fronting Vasey Esplanade is four (4) storeys in height with a basement car park containing 20 spaces. A two (2) storey building is proposed fronting Moore Street containing six (6) units with car parking spaces for those units being provided at the rear of the building. Access to the proposed development is from Moore Street via a single driveway adjacent the southern boundary of the allotment. The applicant has requested Council grant dispensations relating to height for the proposed building fronting Vasey Esplanade, site density and site coverage. Strategic Plan The proposed use of Multiple Dwellings / Holiday Apartments is in keeping with the preferred dominant land use of Urban as conveyed by the Strategic Plan for the Balance of the City of Cairns. The subject land is further defined within the Strategic Plan as being contained within the Urban Residential Housing Area being Diagram A-5. The proposed development is consistent with the residential objectives of the Strategic Plan. However, the proposed development is not consistent with City Image Objective 3 which seeks “to maintain the scenic quality and minimal level of development of the beaches and headlands within the Plan Area”.

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To the extent relevant, City Image Objective 3 seeks to protect and enhance the naturalness of headland areas when viewed from the beach and foreshore areas through ensuring that any proposed development is subservient to the surrounding landscape and unobtrusive when viewed from the beach and foreshore areas and any distant viewpoints such as the Coral Sea tourist routes. Section 5.3.4[d] of the Strategic Plan states that:

Council, when assessing any development applications, may refuse to approve or require such modifications to the proposal as necessary to mitigate loss of scenic quality if the proposal is likely to have a detrimental impact upon the scenic quality of the beach or foreshore.

The proposed development has made little attempt to maintain the scenic quality of the Trinity Beach headland and will be obtrusive when viewed from the beach and foreshore areas. The development as proposed is not subservient to the surrounding landscape and does not comply with the Strategic Plan. Land Zoning The subject land is included within the Residential 3 zone and is within a designated Tourism Development Area. The primary intent of the Residential 3 zone is to allow for medium density residential development in a range of accommodation types. The proposed development furthers the intent of the Residential 3 zone. In accordance with the Table of Development for the Residential 3 zone, construction of Multiple Dwellings up to a height of three (3) storeys is code assessable development, however due to the accommodation building fronting Vasey Esplanade being four storeys in height, impact assessment is required. Project Analysis An assessment of the proposal for the establishment of Multiple Dwellings / Holiday Apartments (Max. 4 storeys) against the provisions of the Planning Scheme has been completed and detailed below.

Criteria Requirement Proposal Comment Car Parking (Multiple Dwelling rate)

1 covered space per unit plus 1 uncovered space per 2 units plus 1 vehicle washing space.

42 spaces + wash bay inclusive of visitor car parking spaces.

Complies

Site Coverage Maximum 30% (1214m²)

32.4% (1311m²) Does not comply see comment below

Building Height Maximum 7.5m 11.2m - Facing Vasey Esplanade; 14m Facing Moore Street; (highest point from natural ground)

Does not comply see comment below

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Population Density Maximum 200

persons per hectare (80 people)

222 persons per hectare (90 people)

Does not comply see comment below

Building Setback Main Street Frontage Secondary Street Frontage Side Boundary 2 Storey Building 4 Storey Building (N.B: no rear setbacks apply given the two street frontage)

6 metres 3 metres 2 metres 3 metres (Setback requirements as determined by the BCA from the outermost projection)

6 metres (Moore Street frontage) 10 metres 3 metres 4 metres (Southern Boundary) 3.2metres (Northern Boundary)

Complies Complies Complies Complies

Site Coverage The maximum site coverage for a four (4) storey building in the Residential 3 zone is 30%. The proposed development occupies 32.4% of the site. The Planning Scheme does provide Council with an ability to allow for a greater site coverage where it considers a relaxation is justified in particular circumstances. It is considered appropriate that Council permit the increase in site cover as the development complies with the necessary setback requirements and the applicants have advised that existing trees will be retained adjacent the side boundaries. A generous spacing of 30 metres is being provided between each proposed building with landscaping treatments within the centre of the site. Recommendation B provides Council with an ability to grant the requested dispensation. Building Height In accordance with Section B1.5.2.1 of the Planning Scheme, the Development Application is subject to the provisions of the Hillslopes DCP as the north-eastern portion of the site, is visually prominent when viewed from Vasey Esplanade, Trinity Beach and from Coral Sea tourist routes. Consequently the proposed development will need to have regard to height and colour requirements of the DCP for the north-eastern part of the site in the vicinity of the elevated ridgeline of the allotment.

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The Hillslopes DCP limits the height of development to 7.5 metres above natural ground level at any point unless otherwise approved by Council. The Hillslopes Development Control Plan requires non-reflective darker colours to be used on buildings in these areas. The proposed building fronting Vasey Esplanade has a height 11.2 metres at the front and a height of 14 metres above natural ground at the rear. No concerns are raised with the building fronting Moore Street. In support of the increased building height for the building fronting Vasey Esplanade, the applicant has made representations stating that the proposed development is consistent with other approved developments located in Moore Street and Vasey Esplanade. The application over the lower part of the subject site is consistent with Council’s previous development approvals on parts of lots occupying the lower elevations fronting Moore Street and fronting Vasey Esplanade (south), and is positioned on the allotment to reduce the visual impact of the development when viewed from Moore Street. In addition, the applicant has stated that the height of the proposed development is consistent with many other developments to the south such as Sea-Change Holiday Apartments. The proposed development will not be visually intrusive when viewed from Moore Street and is of a similar height to that of surrounding development. The proposed building fronting Vasey Esplanade is considered too excessive in terms of building height and building bulk having regard to the high visual prominence of the subject land and Council’s approach to reduce the height of development in such areas of high visual prominence. It must be noted that whilst the proposed development is adjacent Amaroo Holiday Apartment, and is of similar scale, Amaroo was approved prior to 1982 (the exact date is not able to be determined as Council’s records do not go back this far, in this locality) and significantly, prior to the adoption of the Hillslopes DCP. With regard to Sea Change Holiday Apartments, the upper part of the allotment was deemed to be in a Hillslope DCP Category B area on the grounds of slope and visual prominence. Similarly, development surrounding the subject allotment, being the seaview side of 106 Moore Street and 100 Moore Street, were deemed to be in the Hillslopes DCP Category B area on visual prominence grounds. Development on each of the allotments reflect the intent of the Hillslopes DCP. In recent times, Council has granted height dispensation for various developments at Trinity Beach, which either trigger the Hillslopes DCP or require general height dispensations in the Residential 3 zone due to site characteristics such as slope. However, there has been a consistent approach by Council to reduce the building height and building bulk of development on the seaview and skyline ridge top headland north of Trinity Beach Road so development is undertaken in a manner sympathetic and sensitive to the natural coastal environment.

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To the applicant’s credit, the siting of the building on the allotment and the treatment of the basement car park was revisited in an attempt to reduce visual prominence. The proposed building was lowered an additional one metre and the basement buried below the natural ground level (max 1m to protrude) on all sides except the south-western side. Despite this, the reduction in visual impact is minimal and the position remains that the construction of a four (4) storey building in this highly visual and elevated location is inappropriate and the height dispensation of 3.7 metres (to the Vasey Esplanade frontage) cannot be justified. Whilst the concept of developing the site for higher density residential development is supported, a recommended condition of approval requires the applicant to reduce the height of the building fronting Vasey Esplanade to three (3) storeys above natural ground level. Reducing the height of the proposed building by one (1) level will still require a height dispensation under the Hillslopes DCP as the height above natural ground will be 8.4 metres. Recommendation C has been worded to support this dispensation. Site Density The population density of the proposed development exceeds the allocated density of 200 persons per hectare or 80 persons for the site. The proposed development equates to 90 persons for the site or alternatively 222 persons per hectare. The proposed development is supported on the basis of constructing a (3) storeys building fronting Vasey Esplanade. This requires the fourth floor containing 3 x 3 bedroom units and 2 x 2 bedroom units to be removed. As a consequence, the proposed development will be reduced by 18 persons and comply with the site density requirements under the Planning Scheme. In the event that a 3rd level of accommodation containing 3 x 2 bedroom units is added to the building fronting Moore Street to compensate for the loss of the 4th level on the building fronting Vasey Esplanade, the site density for the entire development will be 200 persons per hectare thereby complying with the population density provisions. The request to allow for a greater site density is not supported at Officer level. Traffic Access to the subject site is obtained only via Moore Street, which is identified as an Access Street within Council’s local traffic hierarchy with a road reserve width of 20 metres. Moore Street provides access to a number of existing higher density developments located on the eastern side of Moore Street. With an anticipated six (6) vehicle movements generated by each unit, Moore Street is considered to have the capacity to accommodate the increased traffic movements. No concern is raised with regard to additional vehicle movements on Moore Street as a consequence of the proposed development.

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Public Notification/Submissions The application was publicly advertised in accordance with the notification requirements of the Integrated Planning Act and no submissions were received. HEADWORKS / CONTRIBUTIONS: The applicant is required to pay a traffic contribution only, based on the construction of a three (3) storey, code assessable building fronting Vasey Esplanade, subsequent to the deletion of 3 x 3 bedroom units and 2 x 2 bedroom units. In the event that Council supports the development as proposed, the conditions of approval will require amending to include water supply and sewerage headwork contributions which are triggered for impact assessable development. The applicable contributions are per the recommendation is as follows:-

Calculation Comment Contribution Traffic District 11 Trinity Kewarra:

$2,080.59/ERA (Dec.02 RICI) 12 x 2 bed units – 9.00 ERA 9x 3 bed units – 9.00ERA Less Credit for 1 Dwelling = 1.00ERA Net Demand: 17.00 ERA

17.00 ERA x $2,080.59/ERA

$35,370.10

Neil Beck Planning Officer Action Officer N A L HUDDY Acting Manager, City Assessment

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APPENDIX 1

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APPENDIX 2

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ORDINARY MEETING

18 DECEMBER 2002

39 REQUEST FOR SUPPORT BY AFL CAIRNS LTD Andrew Baxter : 1/58/9-04: #564868

RECOMMENDATION: It is recommended that:

1. AFL Cairns be advised that partial undergrounding of the open drain (Tills St to Moody Creek) will be approved subject to the final design demonstrating that there will be no negative impact on the upstream catchment to the satisfaction of the Chief Executive Officer.

2. Council advise AFL Cairns Ltd that it is prepared to enter into a three

year partnering agreement on the basis that AFL Cairns will initially finance and arrange construction of the nominated works with Council contributing to the cost of these works over the subsequent three years.

3. Council determine the annual level of contribution to be made under

this agreement.

INTRODUCTION: Council has received a request from AFL Cairns Ltd seeking to enter into a 3 year partnering agreement with Council in relation to the redevelopment of their facility. The proposed redevelopment has been prompted by international cricket matches to be held at the Bundaberg Rum Stadium in July - August 2003 and other proposed sporting events. The proposed re-development includes numerous items as listed in the letter to Council by AFL Cairns Ltd dated 3 December 2002 and further detailed in their consultants report from McPherson McLean Wargon Chapman (MMWC) dated 29th November 2002. In particular, AFL Cairns Ltd are seeking support and financial assistance from Council with the following four (4) items.

• replace Council’s existing open drain with a piped system • road resumption of part of Tills St for the purpose of installation of a light tower

and improved terracing on the stadiums eastern boundary • installation of cricket practice nets on the AFL Cairns site • internal roadworks and fencing

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AFL Cairns has requested that Council support the works on the basis that the overall spending on the facility is effectively expenditure on “public” infrastructure being for the benefit and use of the residents of Cairns.

BACKGROUND: Council has been in contact with AFL Cairns on these issues over recent months with a summary of the background information being as follows: • Council received a letter from AFL Cairns Ltd dated 28 May 2002 seeking support

/ contribution for their proposed re-development. • Meetings were held onsite with representatives of AFL Cairns Ltd and Council

officers on 18th June and 11th July 2002. • A presentation was made to Councillors on 25/7/02 by representatives of AFL Cairns Ltd. • AFL Cairns Ltd preliminary redevelopment proposal included numerous items as

listed in the letter to AFL Cairns Ltd by MMWC, engineering consultants for AFL Cairns Ltd, dated 28th May 2002. The proposal at this time was for cricket practice wickets to be installed on part of the Mann St 51 Park – this proposal has now been withdrawn.

• Council Officers have been communicating with AFL Cairns Ltd consultants on the technical details of the proposal to pipe the open drain.

• Council officers engaged consultants to undertake an independent assessment of the existing open drain and a review of the options.

• AFL Cairns has subsequently submitted a revised proposal for required works at the site including a funding proposal as per their letter dated 3 December 2002. A copy of the letter is included in Attachment A. The works are as per a revised submission from MMWC dated 29 November 2002.

• Council officers engaged consultants to carry out a review of the drainage modification proposal submitted by MMWC

AFL Cairns Ltd has advised that the anticipated attendance numbers for the international cricket matches are as follows.

Date Event Anticipated attendance 25-29 July 2003 International Test Cricket Match;

Australia and Bangladesh 30,000 No. over 5 days **

2 August 2003 Day/Night Cricket Match; Australia and Bangladesh

9,000 No. **

3 August 2003 Day/Night Cricket Match; Australia and Bangladesh

9,000 No. **

** Note: These figures do not necessarily represent the total number of individuals attending

these events but are inclusive of individuals attending on multiple days.

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COMMENT: There are three key issues to be considered in the submission before Council being: • Is Council willing to provide financial support to AFL Cairns for the redevelopment

works? • Is a partial resumption of Tills St by AFL Cairns along the eastern boundary

acceptable to Council? • Is the undergrounding of the existing open drain acceptable to Council and will

Council accept any increased frequency or levels of flooding as a result of the works?

The submission from MMWC details the costs involved for the works proposed and a discussion on the drainage issues and implications of undergrounding the drain. The works comprise constructing a new access road, a bridge over the drain, carpark and road lighting, fencing, undergrounding the existing drain, construction of a ticket office over the drainage path, expansion of the centre cricket wickets and installation of new practice wickets. The costs prepared by MMWC for the drainage works are based on the provision of 3 No. 900mm pipes. The costs and plans of the works are detailed in the MMWC report dated November 2002 and are summarised as follows: Roadwork, fencing, lighting, bridge $195,000 Underground drainage $380,400 Ticket office and culvert over drain $139,000 Cricket wickets, practice nets $ 98,000 Miscellaneous and Project Management $ 50,000 Contingency $ 40,000 TOTAL $903,000 Substantial other works are also being carried out or proposed in the redevelopment by AFL Cairns including refurbishment of the current Cazalys Club, installation of a 600 seat function room overlooking the oval, installation of additional floodlighting, a land resumption in Tills Street together with associated on street works and fencing to the new Tills Street boundary alignment. At this time the level of funding assistance that AFL Cairns is seeking from Council is of the order of $300,000 per year over a three year period. AFL has proposed this as a partnering agreement and will meet the full support costs of all works. PIPE OPEN DRAIN The proposal put forward by AFL Cairns Ltd is to pipe the open drain from Tills St to Moody Creek along the northern boundary of the Bundaberg Rum Stadium. The open drain is to be replaced by 3 No. 900 diameter concrete pipes including the provision of an overland flow path. The proposed project was initiated by AFL Cairns Ltd and the works are requested to be completed by July 2003. There is no relevant history pertaining to this open drain that has prompted the need for piping the drain.

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The objectives stated by AFL Cairns Ltd for requesting that the drain be underground are improvements to: i) Safety ii) Access iii) Aesthetics In a presentation to Councillors on 25/7/02 representatives of AFL Cairns Ltd were unwilling to make a distinction in the priority of the three objectives above. Whilst there are no hydraulic benefits to be derived from the works it is recognised that some repair works ($30,000) are warranted to ensure the longevity of the drain. It is also apparent that benefits may be derived from upgrading the drainage capacity across Tills Street at some future time although this can be done independently of the AFL Cairns works. MMWC in their revised report dated November 2002 have stated that under their proposal for undergrounding the open drain, there will not be a negative impact on those properties upstream of the works taking into consideration the constraints of the area. MMWC has analysed the system under varying tidal and storm event conditions in arriving at the conclusion that there will be no negative impact on upstream properties. That the proposed works will not impact on properties in the area is critical and MMWC have commented in detail on the effects of their proposed works. While this report would appear to be in conflict with previous advice to Council from Maunsells this consultant only examined the Tills Street system in isolation while MMWC broadened the analyis to include all related flowpaths. Given the hydraulic complexity associated with this situation it is considered that the final design must be accompanied by detailed modelling of the catchment. Analysis must demonstrate within reasonable tolerances that areas north of Tills Street and the surrounding areas will not be subject to more frequent or higher levels of innundation due to the works. Generally if this can be shown then there would be no objection to undergrounding of the drain. Should a full undergrounding of the system prove difficult due to design or financial constraints, it is felt the drain could be covered at just the locations of the access road crossing and the ticket box. This would allow for most of the AFL Cairns works to proceed as planned although may restrict the development of spectator areas adjacent to the drain . There are many issues that would need to be discussed at the detailed design stage with some of the issues being: • Easement to be created over any sections of drain to be located outside the existing

easement • Ideally ticket facilities should not be located over the drain • Where AFL Cairns' assets are located over the drain, then access rights need to be

specified including possible removal of assets at the cost of AFL Cairns when and if the drain needs to be maintained or replaced.

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CONSIDERATIONS: Policy: Issues exist with regard to liability for future maintenance of the drain under the ticket sales building and this matter needs to be formalised as part of any agreement with AFL Cairns. An easement may be required to be created over any proposed Council drainage extension built outside the current easement boundaries and this appears to be the case with the drains in the vicinity of the ticket office. Works undertaken by AFL Cairns Ltd need to go through the Development Approvals process where appropriate. Financial: AFL Cairns Ltd have indicated that a three year partnership funding agreement with Council will enable it to borrow funds to allow the required works to commence immediately. It has also indicated that the desired arrangement would involve three annual contributions from Council of $300,000 commencing this financial year. Council obviously need to determine what, if any, level of contribution it intends to make bearing in mind the impact on the current and future budgets. Given the extraordinary level of this year’s capital works budget it would, if a determination to make a contribution is made, be advisable to defer the first annual payment to next financial year. This would remove the requirement to identify already approved works in the current budget for deferral. These works would be of equivalent value to the level of contribution chosen. Social: Council should also consider the intangible flow-on effects of holding national and international level sporting events in the City. The impact of a successful international event on Cairns would stimulate both community confidence and the local economy and would prove that facilities within Cairns are capable of staging such world class events. This also affords the opportunity to attract funding for events of a similar scale and nature. Events such as World Series Cricket matches attract worldwide television exposure, showcasing the City. This exposure would compliment the marketing efforts being undertaken by the City’s leaders in tourism and hospitality.

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It is anticipated that the media attention surrounding major sporting events in Cairns would have the positive flow-on effect of increased participation in the featured sports at the local level particularly by the City’s juniors. CONSULTATION: Representatives of AFL Cairns Ltd MMWC, consultants for AFL Cairns Ltd Department of Natural Resources and Mines Chief Executive Officer City Assessment Legal and Administration Services Project Services Strategic Planning Precincts and Facilities Asset Management Maunsell Australia Ltd Councillors

OPTIONS: Options for drainage as discussed above. Council may elect to consider any other alternative for providing assistance to AFL Cairns Ltd. Option for provision of first annual payment this financial year which is AFL Cairns’ preference. (This would necessitate deferral of current year works to 2003/04).

CONCLUSION: The existing open drain currently provides an acceptable level of service for existing infrastructure. However recognising the importance of the AFL Cairns facility in the area it is accepted that development works on the site can be justified and that modification to the drain may be necessary. Undergrounding of the existing open drain either in part or in full this should be done on the basis that the works will have no worsening effect on properties north of Tills St and detailed calculations to support such a design will need to be provided. Arguments for financial support by the Council for this proposal relate to the value that this enhanced facility will bring to the community.

ATTACHMENTS: Attachment A - Letter from AFL Cairns Ltd dated 3 December 2002 Attachment B - Plan of proposed Roadworks and Drainage Master Plan. Michael Kahler Manager Project Services

John Hawkes General Manager City Works & Services

378

ORDINARY MEETING

18 DECEMBER 2002

40 FINANCIAL STATEMENTS PERIOD ENDED 29 NOVEMBER 2002 Christopher Teitzel 17/49/9-02 #568046

RECOMMENDATION: That the Financial Statements for the period ended 29 November 2002 be adopted by Council.

INTRODUCTION: Attached are the financial statements for the month ended 29 November 2002. Actual amounts are compared against the original budget results adopted by Council. These financial statements include: - Statement of Financial Performance - Statement of Appropriation - Statement of Financial Position - Cash Flow Statement - Capital Funding Statement Divisional statements are included in this report to provide information on the performance of each division for the period ended November 2002. The statements are for Cairns City Council only and do not include the Cairns Regional Gallery Ltd.

COMMENT: STATEMENT OF FINANCIAL PERFORMANCE Council has achieved a favourable net result of $8.0m for the period. Revenue from ordinary activities is $56.8m, with a budget of $53.9m. This 5.3% favourable variance is the result of the following:

Rates and Utility Charges are greater than budget $130k. General rates and charges are less than budget $49k as the issue of supplementary rates in November was slightly less than forecast. However, in the Division of Cairns Water the supplementary issue of rates was not included in the budget $170k.

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Fees and Charges are greater than budget $258k. The following fees and

charges were greater than budget: o Interment fees at Forest View Cemetery o Camping fees at Palm Cove o Car Parking fees o Health licences o Planning and outdoor dining fees o Plumbing approvals o Trade waste search fees o Water reading and connection fees Refuse tipping fees however were less than budget due to the continued dry weather conditions.

Operating grants and contributions are greater than budget $680k. Better than

expected results have been achieved in the area of developer contributions in the Cairns Water Division.

Interest revenue earned greater than forecast $318k. The performance of our

investments have significantly improved during this period. Other revenue is greater than budget $426k. RMPC contract revenue and NDRA

– Main Roads work has been received ahead of scheduled forecast $345k. Also State Fire Levy Commission revenue has been received ahead of budget $74k.

Capital grants and contributions are greater than budget $1.04m. The timing of

the receipt of capital grants for capital projects is difficult to predict. Capital grants received/accrued are ahead of schedule. This schedule will be revised as part of the Second Quarter Budget Review $405k. Better than expected results have been achieved in the area of developer contributions, $600k, in both the Cairns Water and City Works and Services Divisions.

Expenses from ordinary activities and borrowing costs are $48.7m which is 3.3% lower than the budget of $50.4m which is due primarily to the employee costs and materials and services category. The under-expenditure in employee costs is experienced by all divisions except for the Division of City Works and Services and is due to the existence of unfilled and vacant positions and favourable timing variances in the taking of sick leave and recoveries for public holidays. The over-expenditure experienced by the Division of City Works and Services is contributed to by the substantial use of casual labour and overtime on capital projects. There is a corresponding increase in the recovery of these costs in the Divisional reports. Another factor that contributes to the positive variance is the fact that expenditure is usually budgeted equally across the 12 month period whereas in reality expenditure is not always linear and annual orders and invoices have not been finalised. This is being monitored however it is considered that the variances are brought about by timing differences between budget and actual commencement of projects. The Divisional reports address these variances in detail. Most of these variances will also be addressed as part of the Second Quarter Budget Review which has commenced.

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CAPITAL FUNDING STATEMENTS Capital works expenditure to date totals $29.7m, including $13.1m of committals. This represents 47% of the total approved capital expenditure of $62.8m. It is expected that capital expenditure levels will increase significantly over the coming months. This expenditure has been funded by capital grants 35% and developer contributions 6% and revenue 59%. CASH INVESTMENTS Cash invested as at the end of November 2002 is $53.7m (November 2001 $42.0m). QTC currently holds 73% of the total invested funds and 4% with AMP and 20% with BT and 3% with Suncorp. QTC still yields the highest interest rate amongst these funds, being 5.01%. LOAN BORROWINGS QTC Loan balance at the end of the period is $96.8m (November 2001 $107.5m), of which $900,089 was paid during the month. Based on the recent assessments issued, the borrowing per assessment is $1,833 per assessment, compared to $2,037 per assessment in November 2001, a reduction by 10% from the same period last year. As at the end of November, the capacity of Council to service its outstanding debt based on the operating revenue earned is 14.3% representing debt servicing and redemption cost to total revenue as a proportion, Council’s exposure to debt is 10.5% representing total liabilities to total assets as a proportion.

CONCLUSION: Council is tracking well against the budget year to date to November with all areas of expenditure under budget. Given we are in the early stages of the financial year it is expected that expenditure levels will be in line with budget in the future months. Council is in the process of completing the Second Quarter Budget Review and a number of emergent issues will be addressed in this review. The Second Quarter Budget Review will be presented at the January Finance and Administration Committee meeting. All other considerations were reviewed and deemed not applicable.

ATTACHMENTS: Financial Statements Christopher Teitzel Manager Financial Services

404

ORDINARY MEETING

18 DECEMBER 2002

41 PROPOSED CAIRNS INNER CITY SPORTING EVENT Malcolm Robertson MR:19/3/8-02:#568595

RECOMMENDATION: That Council provides in-principle support for officers to continue investigations into the feasibility of a signature inner city sporting event.

INTRODUCTION: This report is providing information on the proposed development of an annual Cairns City “Signature” sporting event.

BACKGROUND: Council have recognised the need to maximise the use of the new Esplanade Development, and to this end have developed a concept for a major inner city sporting event. It is initially proposed that a two day event be developed, based around the three main sports of Triathlon, Road Running and Road Cycling. It is proposed that an Olympic – distance triathlon be the main focus of the event, and that road running and road cycling events be held in association with the main event. Consideration is being given to a combination of sporting events that will maximise public participation, and also provide high entertainment value. The Esplanade would be the Start / Finish point, and the focus for opening and closing ceremonies, street parades and live entertainment. It is proposed a multi sport festival will also be run on the Esplanade in conjunction with the main events. Media and spectator friendly sports, such as beach volleyball, outrigger canoe racing, kite surfing, and BMX freestyle will provide continuous entertainment for spectators, and will assist in building an overall carnival atmosphere. Support from Esplanade traders will be sought, and it is envisaged that open air dining will help build the festival atmosphere.

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COMMENT: In formulating this proposal, staff have undertaken initial investigations including (a) Identifying course outlines and required road closures (b) consultations with all relevant authorities resulting in in-principle approval, (c) consultations with sporting clubs to determine levels of support, budgetary requirements and possible division of roles and responsibilities. It will be proposed that a partnership be formed between Council and the sporting clubs to facilitate the creation of this event. It is intended that ownership and overall control of the event will rest with Council, but that full management of individual events will rest with the sporting clubs. Council will assist by obtaining relevant approvals and authorities relating to road closures and course set-out, so as to provide the clubs with a clean course upon which to undertake their individual events. Individual clubs will take on full responsibility for the actual planning and running of their events. Prior to commencing more detailed planning activities for the event, seeking grant and other financial support opportunities and formalising the commitment of the sporting groups and other stakeholders, officers seek the in-principle support of Council for the event. Should this be forthcoming, it is envisaged that a more detailed report will be presented in February outlining the extent of funding required, specific event details and project partners. The commitment required at this stage is for the allocation of existing staff time into the development of the proposal.

CONSIDERATIONS: Statutory: Council will be looking for Sporting Clubs involved to underwrite the event so as to reduce Council’s level of liability. Policy: Nil Financial: An estimated Budget for the event has indicated a cost of between $80-$100,000. Potential funding has been identified as being sourced from the Sporting Clubs, Queensland Events Funding, Sponsorship, and Entry Fees. Initial discussions with Media and Public relations have also indicated its willingness to consider financial support for the event. The full details of funding available and cost implications will presented in the report in February 2003.

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Social: Consultation with all affected traders will be carried out, commencing immediately should in principle support be offered by Council. Major stakeholders in the proposed road closures include the Cairns Reef Fleet, Inner City Traders, Cairns Naval Base and traders in the Portsmith industrial area. It is expected that an event of this type will demonstrate Council’s commitment to providing a high standard of community based events in the Esplanade precinct as well as establishing a ‘signature’ sporting event for Cairns to increase the profile of the City in the Sports Tourism industry.

CONSULTATION: Council have proposed a course outline utilising the Esplanade Development as the start / finish point for Olympic distance triathlon, Marathon and Criterion Road Cycling. Council has undertaken initial discussions regarding the overall concept and proposed road closure with the following authorities; Department of Main Roads Cairns Port Authority Queensland Police Queensland Transport Queensland Transport Harbourmaster Provisional approval for the proposed concept and associated road closures has been received from the above authorities. Council has also undertaken provisional discussions with sporting clubs, and has received provisional support from the Cairns Crocs Triathlon Club, Cairns Cycling Club and Cairns Roadrunners.

OPTIONS: 1) That Council provide in-principle support for officers to continue investigations into

the feasibility of a signature inner city sporting event. 2) That Council not provide in-principle support for officers to continue investigations

into the feasibility of a signature inner city sporting event.

CONCLUSION: By endorsing the development of an annual inner city sporting event Council will be increasing the opportunity for community to participate in international standard sporting events, providing an opportunity for Cairns City to feature on national and international sporting calendars, and also providing opportunities for Esplanade traders to become more fully involved in Esplanade based activities.

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ATTACHMENTS: Nil Tony Duffy Manager Precincts and Facilities John Hawkes General Manager City Works and Services

408

ORDINARY MEETING

18 DECEMBER 2002

42 REQUEST FOR FINANCIAL ASSISTANCE – CAIRNS BASKETBALL INC Adam Peut : ALP : 10/23/1-11: #529968

RECOMMENDATION: That Council extend the term of its guarantee of Cairns Baskteball Inc’s existing $500,000 loan from Bendigo Bank, for previous works, by no more than an additional ten (10) years, to allow it to borrow back up to its limit (current balance approximately $112,000), subject to relevant Queensland Treasury approval. That Council increase the cap under its policy for financial guarantees to $1.3million to accommodate the request from Cairns Basketball Inc

INTRODUCTION: Council has received a request from Cairns Basketball Inc for financial assistance to construct an additional indoor basketball court at its Aumuller Street complex.

BACKGROUND: Cairns Basketball Inc (CBI) have been pursuing options in relation to the extension of its indoor court stadium at the Aumuller Street complex. The CBI claims that it has reached a point of saturation of available court space during the desirable times for competition, training and social recreation activities. They currently host activities on both existing indoor courts seven nights per week and believe that their membership base is being limited as a result of this restriction. Recent applications to the State Government for assistance in funding the construction of two additional courts have not been successful. The feedback from Sport and Recreation Queensland as to the reasons for the lack of success have been: - Level of debt to be incurred by CBI - The absence of a feasibility study into the proposed project - Lack of financial support from Local Government - Lack of evidence of relevance with Council’s Sport and Recreation Development

Plans - Level of multi – use of the proposed facility In recognising these potential issues, CBI have approached Council for assistance, both financially and strategically, in their future approaches to the State Government and secondly for the purposes of proceeding with one of the two courts immediately should the State Government’s support not be forthcoming in the imminent future.

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COMMENT: CBI are seeking support from Council in the order of $250,000 or one half of the total construction costs for one court, whichever is the smaller, to assist them initially in their endeavours to receive matching funds from the State Government for a further $450,000 - $500,000 to construct both courts at one time, or secondly to proceed with constructing one court should the State Government be unwilling to support the project. It is claimed that such support, whilst reducing the level of borrowing required from CBI to undertake the project, has the additional benefit of applying political pressure to the State Government to consider the project favourably, having removed some of the issues identified in previous applications (detailed above). Officers identify that the project is feasible in consideration of the demand for such facilities, not only in the existing and potential basketball community, but also in other sports requiring sprung timber floored indoor facilities. Council has received numerous requests from groups such as martial arts and dancing for similar facilities within the confines of the city area. Such a demand is further evidenced by a key recommendation of Council’s Sport and Recreation Strategic Plan (1998) which identifies a need for further consideration of additional indoor sporting facilities within the City area, particularly those that cater for young people. However, Council may not believe that a contribution in the order of $250,000 is appropriate for the development of one particular sport’s facilities for reasons of establishing unmaintainable precedents and in consideration of Council’s established role in developing, maintaining and operating significant recreational facilities of its own across the City. It is for this reason that several other potential options are provided, in addition to the option of providing no support to the project. These options are: - Provide a cash grant in some amount, either outright or subject to CBI’s capacity to

secure matching funds from the State Government to undertake both courts. - Provide a cash contribution over a two or three year period, the guarantee for which

CBI will borrow funds against through its own financier (this option can also be subject to the club’s ability to secure matching State Government funds at Council’s pleasure).

- Extend the term of its guarantee of the CBI’s existing $500,000 loan from Bendigo

Bank for previous works, to allow it to borrow back up to its limit (current balance approximately $112,000) in consideration of CBI’s good performance in meeting its repayment obligations of this loan to date.

- Support the CBI in its pursuits to seek ministerial approval to have the site offered as

freehold, allowing it the option of borrowing against the improved value of the site. Should Council indicate in-principle support of this option, officers will review the viability of such an option, in relation to the availability of suitable public land in the city area, and present a secondary report to Council for a formal resolution in the matter.

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- Provide a low or no interest finance package for a specified amount to reduce any immediate burden on the CBI in relation to commercial interest packages. Such an option would obviously be subject to Council’s usual financial accountability checks.

CONSIDERATIONS: Statutory: Council’s Finance Services and Legal and Administration branches have been consulted to determine the requirements for Treasury approval, as well as recommendations to protect Council’s interests in the improvements on the property in the event of the CBI failing to meet the terms of its loan to the Bendigo Bank. It has been determined that the Deed for the existing guarantee is sufficient for this purpose and will not require an additional contractual instrument. Policy: Council policy for financial guarantees to external entities establishes a cap of $1million in total outstanding loans guaranteed. The recommendation will exceed this established limit and will require the threshold to be increased to $1.3million. Financial: Cairns Basketball Inc have a current loan with Bendigo Bank, currently in the order of $112,000 (originally $500,000), for the construction of the two existing courts at its complex. Council is guarantor for this loan. Cairns Basketball Inc have recently been identified on Council’s Rates Review list however officers have verified that the club cleared all rates and water charges in arrears, leaving only the current rating period still outstanding. Social: Officers believe that the project proposed will have a positive impact on recreation provision within the City area and should be supported in-principle. However, Council should consider its capacity to maintain external requests of a similar nature in the future, should any precedent be perceived within the sporting and wider non-profit community.

CONSULTATION: The options presented in this report have been developed in consultation with the Manager Financial Services, Manager Legal and Administration Services and Manager Strategic Planning. Whilst not recommending that any of the options could be implemented outright without appropriate conditions and further consideration of the implications of proceeding with same, officer are confident that the list provided is relatively exhaustive at this time. The Manager Strategic Planning expressed specific concern over the potential limitations imposed to public land in the city area under any potential freeholding arrangement between CBI and the State Government.

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Furthermore, Council’s City Assessment Branch have been consulted to determine whether any obvious impediments exist in relation to the proposed project. Whilst a full assessment of the project would be undertaken prior to construction, it is expected that the proposed project would be self-assessable. There would be the usual requirements in relation to carparking and landscaping which CBI would need to address. Officers are currently discussing such considerations with CBI representatives to ensure that appropriate provisions are made within cost estimates and planning works.

OPTIONS: That Council: 1 Provide a cash grant in some amount, either outright or subject to CBI’s capacity

to secure matching funds from the State Government to undertake both courts. 2 Provide a cash contribution over a two or three year period, the guarantee for

which CBI will borrow funds against through its own financier (this option can also be subject to the club’s ability to secure matching State Government funds).

3 Extend the term of its guarantee of the CBI’s existing $500,000 loan from Bendigo

Bank for previous works, to allow it to borrow back up to its limit (current balance approximately $112,000) in consideration of CBI’s good performance in meeting its repayment obligations of this loan to date. This option is subject to relevant Queensland Treasury approval.

4 Support the CBI in its pursuits to seek ministerial approval to have the site offered

as freehold, allowing it the option of borrowing against the improved value of the site. Should Council indicate in-principle support of this option, officers will provide a supplementary report on the details of such an option for a formal resolution in the matter.

5 Provide a low or no interest finance package for a specified amount to reduce any

immediate burden on the CBI in relation to commercial interest packages. Such an option would obviously be subject to Council’s usual financial accountability checks.

6 Provide no support to the CBI for this project.

CONCLUSION: This report is intended to provide Council with the full details of the request as well as a list of potential options that it may wish to consider. Given that Council is still in the process of stabilising its financial position and that the parameters for this year’s budget have been set, it is considered that only options 3, 4 and 6 may be worthy of consideration at this time, in consideration of the financial viability of the other options. Therefore in the interest of assisting CBI to progress their proposed project, officers will recommend that Council consider option 3 above and endorse officers to investigate the viability of option 4 in consideration of Council’s existing planning framework.

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ATTACHMENTS: Nil Tony Duffy Manager Precincts & Facilities John Hawkes General Manager City Works and Services

413

ORDINARY MEETING

18 DECEMBER 2002

43 REQUEST FOR FINANCIAL ASSISTANCE – FRETWELL PARK SPORTING ASSOCIATION INC Adam Peut : ALP : 10/23/1-11:#529970

RECOMMENDATION: That Council: Commit to an additional $15,000 in the management fee payable to the Fretwell Park Sporting Association Inc for two years, subject to the Indigenous North Basketball Inc’s success in obtaining suitable funding within three years to undertake the air-conditioning project for the main stadium, as detailed in the body of this report; Provide rates based financial assistance of $2,000 per annum to the Fretwell Park Sporting Association Inc in addition to its annual management fee; That Fretwell Park Sporting Association Inc be advised to make application under the Rates Based Financial Assistance Policy for concession on the Sewerage Access Charges and Water Usage Charges applicable to the 'public toilet block' located on the property; That the terms of the above concessions, not provided for within the prevailing lease, be incorporated into a mutually agreeable resource agreement, and that such concessions be subject to the Fretwell Park Sporting Association’s execution of the said agreement. That Council resolve to apply a credit to the Fretwell Park Sporting Association Inc’s outstanding rate and water balance to an amount equivalent to charges owed to the Association (in the order of $15,643), in accordance with the prevailing lease for the facility, associated with costs for waste removal which the Association met between 1993 and 2000.

INTRODUCTION: Council has received a request from the Fretwell Park Sporting Association (FPSA), in conjunction with Indigenous North Basketball (INB), for financial assistance to meet future electricity costs for a new air-conditioning system, proposed to be installed subject to the successful outcome of a pending grant application by the Associations to Queensland Health for the installation of the system.

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Officers are also endeavouring to accurately determine the extent of outstanding moneys owed to Council by the FPSA to allow an appropriate strategy to be implemented for these costs to be reduced by the FPSA in a timely manner. As part of this process, officers are keen to resolve what rebates, concessions and reimbursement may be owing to the FPSA as a result of previous overcharging and failure to meet lease responsibilities. The following report outlines the extent of the situation in order to have the matter resolved.

BACKGROUND: INB, the anchor tenant over the indoor sporting area at Fretwell Park, have made application to Queensland Health’s Adult Education Rehabilitation Foundation for the full installation costs of an air-conditioning system for the main stadium area at Fretwell Park. The application was made with the full support of the FPSA. The potential granting body has indicated to INB that any application would need to show evidence of support, both financially and principally, from the landowner/manager. In consideration of Council’s position as trustee, the FPSA and INB have approached Council for a commitment to meet the electricity costs of the system as evidence of such support. For some time now, officers have been working with the FPSA to assist it in meeting its financial obligations under the prevailing lease. This Association has a recent history of failing to meet charges owed to Council under the lease, particularly in relation to rates and water. In consideration of the Association’s improved financial position within the current financial year, as detailed further on, officers are keen to resolve the extent of this debt in order to strategise an appropriate mechanism to have this debt repaid in a timely manner. Part of this process is to resolve situations where such charging has been inappropriate or where Council has failed to meet its responsibilities under the prevailing lease.

COMMENT: Over several years, officers have submitted capital works submissions to have the main stadium area at Fretwell Park air-conditioned to overcome issues of condensation on the playing surface as a result of the high humidity environment within the Complex. A report was presented to Council in September 1998 presenting a series of options to overcome the issue. The independent engineer’s report recommended that an air-conditioning system was the most appropriate method of managing the problem. The report stemmed from an incident in which it is claimed that the slipperiness of the floor contributed to an incident in which an indoor soccer player injured himself as a result of losing his footing on the floor surface. It is understood that a claim was submitted against the FPSA for compensation for injuries that were claimed to have been caused from the alleged incident.

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The proposed upgrade of the facility will have benefits in addition to providing a safer playing environment. It will allow a greater range of activities to be hosted at Fretwell Park in consideration of its all-weather capacity. It will also assist potential users to attract a greater number of participants and spectators by having them catered for in a more pleasing climatic environment. It is the intention of the FPSA and INB to explore additional programming and event opportunities, which will be possible once the safety and climate within the stadium area can be controlled. The proposed works are estimated to be worth in the order of $300,000. Officers will recommend that Council approve an increase in the management fee to FPSA in the amount of $15,000 per annum for two years as a contribution to the ongoing operational costs of the air-conditioning system. Such a contribution will be subject to the success of INB’s pending funding application and Council’s pleasure with the standard of the completed project. It is believed that the term of the proposed funding will allow the FPSA the opportunity to establish its increased activity and user base to fully meet any costs in the future. Officers have reviewed the operating costs of air-conditioning systems in similar facilities to determine the proposed level of support. Council should also be aware that the equipment will become an asset of Council at the completion of the existing lease term, in 2012. For this reason, Council will also be responsible for the replacement of the system at the end of its economic life. Officers would ensure that FPSA employ a suitable maintenance program for the system for the balance of its lease term, and that prior to installation of the system, Council will need to approve the type of system being installed to ensure it is of a standard judged suitable by Council’s Technical Support Services and Asset Management branches. For this reason, a condition of the funding will be that the FPSA enter into a formal agreement with Council, in addition to the existing lease, to clearly establish the terms and responsibilities associated with any funding. In ongoing discussions with the Association regarding the extent of its debt to Council for outstanding rates and water charges, officers have been made aware of costs incurred by the Fretwell Park Sporting Association since 1993 for which Council has been contractually bound to meet under the prevailing lease. These charges relate to the provision of a waste disposal service to accommodate the needs of the tenant. To fast track the confirmation of each party’s responsibilities, in order to put in place an appropriate management plan for the site, as well to ensure the timely repayment of outstanding monies owed to Council, officers will be seeking Council’s approval to credit the outstanding balance of charges owing to Council by an amount equivalent to the value of the said charges already incurred by Fretwell Park for which it was not entitled to meet. These charges approximate to $15,643.85. During ongoing discussions with the FPSA regarding the repayment of outstanding monies owed to Council, it has raised the issue of the suitability of the current rating assessment classification employed by Council for this property. Council’s Finance Services have reviewed this matter, in consideration of previous concessions and rebates already applied, and believe that an annual increase in the FPSA’s current management fee of $2000 per annum is an appropriate concession in consideration of the public service provided at the facility, and such a concession would be formalised under the agreement discussed above.

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In view of the FPSA’s previous history in not meeting charges owed to Council, officers will examine future opportunities to change the payment method detailed above to allow the listed concessions and rebates, management and maintenance fees and other payments due and owing from time to time, to be used to maintain any outstanding charges and loans owed to Council to keep these within the specified terms for payment.

CONSIDERATIONS: Financial: Officers will propose that Council commit to an annual increase in the management fee payable to the FPSA of $15,000 for two years. It is not expected that such a contribution will become due and owing within the current financial year so officers will ensure that such an amount is provided for in budget submissions for the new financial year. Officers wish to stress that previous reports have identified a high need for Council to commit in the order of $200K in capital funding to provide a safe indoor playing area at Fretwell Park. Under the proposed arrangement, Council is being asked to contribute no more than $30,000 over two years to achieve a similar aim. Council would be aware that in recent times the FPSA has not been able to meet payments owed to Council for rates and water charges. The current debt is estimated to be in the order of $37,000 (arrears and current). The FPSA, in gaining a new major tenant at the start of 2002 (INB), has recorded a small operating surplus for the first time in several years. The FPSA has given an indication that it expects to be in a position to remove all outstanding charges within the next eighteen months based on reasonable earning projections. These projections consider any additional costs to be incurred as a result of the proposed project. Throughout the two-year period proposed above, officers will work closely with the FPSA to determine strategies that ensure that the FPSA is in a position to operate in a self-sustainable manner with little or no ongoing support from Council in the way of management fees. The existing management fee paid to the FPSA was intended to be a short-term arrangement to assist it in improving its operating position. Officers will continue to enforce opportunities where this fee can be reduced in the imminent future. As detailed above, the resolution of outstanding charges owed by Council to the FPSA and vice versa, will assist in bringing the above aim to fruition in a timely manner. The extent of charges owed by Council, to be credited to the FPSA’s balance of outstanding charges owed, equates to approximately $15,643.85. The proposal to increase the FPSA’s management fee by a further $2000 per annum as a special concession under Council’s Rate Based Financial Assistance Program, is deemed to by Council’s Finance Services to be an appropriate settlement of this long outstanding dispute with the FPSA.

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Social: The standard of the Fretwell Park facility and the associated sporting activity has improved dramatically in the current twelve months. The FPSA have established a long-term permanent tenant (INB) who has contributed substantial capital resources (approximately $350,000) to improving the standard of the Fretwell Park facility. The facility is more user friendly and lends itself to a wider range and higher standard of activity than previously was the case. It is for this reason that it might be reasonable for Council to consider a contribution toward this project, in the manner described herein, to continue the improvements at the facility.

CONSULTATION: Officers have had ongoing consultation with the FPSA and INB regarding options in relation to the project and details thereof. This consultation has extended to discussions regarding Council’s longer term financial responsibilities in maintaining the operations at Fretwell Park. Officers have made it clear to the FPSA that Council will be reviewing the level of support within the coming two years. Council’s Finance Services Branch have been consulted heavily in relation to the financial considerations outlined in this report.

OPTIONS: The options available to Council include all or part of the following list of recommendations: That Council: Commit to an additional $15,000 in the management fee payable to the Fretwell Park Sporting Association Inc (FPSA) for two years, subject to the Indigenous North Basketball Inc’s success in obtaining suitable funding within three years to undertake the air-conditioning project for the main stadium, as detailed in the body of this report; and/or Provide rates based financial assistance of $2,000 per annum in addition to the annual management fee; and/or That Fretwell Park Sporting Association Inc be advised to make application under the Rates Based Financial Assistance Policy for concession on the Sewerage Access Charges and Water Usage Charges applicable to the 'public toilet block' located on the property; and/or That the terms of the above concessions, not provided for within the prevailing lease, be incorporated into a mutually agreeable resource agreement, and that such concessions be subject to the Fretwell Park Sporting Association’s execution of the agreement; and/or

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That Council resolve to apply a credit to the Fretwell Park Sporting Association Inc’s outstanding rate and water balance to an amount equivalent to charges owed to the Association (in the order of $15,643), in accordance with the prevailing lease for the facility, associated with costs for waste removal which the Association met between 1993 and 2000.

CONCLUSION: As detailed above, officers believe that the proposed additional payment of $15,000 per annum for two years, to meet air-conditioning costs, is reasonable in recognition of Council’s responsibility in relation to providing a safe playing surface. Further benefits, including improved usability and increased activity levels, improves the argument for a commitment of this type. Officers will ensure that any such agreement is secured under a formal contractual instrument that defines the terms, conditions and duration of the funding. Secondly, the finalisation of outstanding monies owed to the FPSA will assist Council in its endeavours to have this association repay outstanding debts owed to Council, by providing clarity on the prevailing situation. Additional concessions in relation to rating and public toilet classifications will further assist this process. ATTACHMENTS: Nil Tony Duffy Manager Precincts & Facilities John Hawkes General Manager City Works and Services

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ORDINARY MEETING – LATE ITEM

18 DECEMBER 2002

44 HOLLOWAYS BEACH STAGE 1A – COASTAL PROTECTION WORKS Michael Kahler:KG : 26/10/63-02: #571664

RECOMMENDATION: 1. That Council engage “Rock Retaining Walls” to undertake the construction

of the geo-container spur groyne at Holloways Beach at the tendered price of $147,338.00 excluding GST.

2. That Council accept Cairns Works bid of $110,000.00 excluding GST to

undertake sand nourishment (5000m3) at Holloways Beach. 3. That Council approve an unbudgeted expenditure allocation for Stage 1A

works of $257,338 in the current financial year.

INTRODUCTION: A report outlining the initial scope of works for Stage 1A of the Holloways Beach Coastal Protection project was provided to Council in November 2002 (#551381). Council approved the calling of tenders under Section 486(1)b of the Local Government Act 1993 for the Stage 1A works. The Stage 1A design has been finalised by Gutteridge Haskins and Davey Pty Ltd (GHD) consultants and tenders have been called with the objective of completing the works prior to 25 December 2002.

COMMENT: The proposed works are detailed in plan number 42-11323-C11 by GHD, which is attached. Prices excluding GST were received as follows: - Geo Container Groyne CEC $149,150 (Post Christmas Start) Rock Retaining Walls $147,338 (Pre Christmas Start) Cairns Works Did not bid Koppens Did not bid

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Sand Placement CEC (fine sand) $170,000 CEC (coarse sand) $120,000 Rock Retaining Walls $149,000 Cairns Works (coarse sand) $110,000 Koppens Did not bid It is recommended that Rock Retaining Walls be awarded the geo-container groyne works at their tendered price of $147,338.00 excluding GST. Rock Retaining Walls are very experienced in the construction of coastal protection works and were a nominated contractor of Soil Filters Australia who manufacture the geo-containers. Rock Retaining Walls, Mr. Rick Evans has advised that following award they will mobilise immediately in order to strive toward the pre 25 December completion date. Cairns Works price of $110,000.00 exclusive of GST is considered the most competitive for the sand nourishment component of the project, which comprises placement of 5000m3 of sand sourced from Northern Sands. Subsequently it is recommended that Cairns Works undertake the sand nourishment component of the project. An indication of Stage 1A costs of $225,000.00 was reported to Council in the November 2002 meeting. These works are currently unbudgeted. Based on the recommended bids the total job cost is currently $257,338.00 excluding GST. It should be noted that discussions are currently underway with the Environmental Protection Agency (EPA) concerning the specified groyne length. The EPA is seeking to have the groyne length reduced to 15 metres in length. If this occurs a net reduction in the contract price by Rock Retaining Walls will also occur. Project Services received approval from the EPA to undertake works subject to conditions on 13 December 2002.

CONSIDERATIONS: Statutory: Local Government Act 1993 Beach Protection Act 1968 Harbours Act 1955 Financial: Stage 1A works are currently unbudgeted and an expenditure allocation of $257,338.00 will be required in the current financial year budget to enable the project to proceed. Expenditure on Stage 1A works is not planned to be recouped by Council in the form of a special area rate as it protects the major public area of the beach including the stinger net and park facilities, and it does not front any private property. Adjustment will be required at the six monthly review to accommodate the additional expenditure on Stage 1A.

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CONSULTATION: Consultation has been ongoing with Holloways Beach Residents Group and the Divisional Councillor.

CONCLUSION: Undertaking the Stage 1A works will provide a safer, more stable beach profile suitable for public recreation. The subject works will be integrated with the Stage 3 dredging program planned for mid 2003.

ATTACHMENTS: Plan Number 42-11323-C11 MICHAEL KAHLER Manager Project Services JOHN HAWKES Manager City Works and Services

CAIRNS CITY COUNCIL ORDINARY MEETING 18 DECEMBER 2002 · That Council concur with the...

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