CAIRNS REGIONAL COUNCIL MINUTES PLANNING & …

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MINUTES – Planning & Environment Committee - #1795662

CAIRNS REGIONAL COUNCIL

MINUTES

PLANNING & ENVIRONMENT COMMITTEE

14 AUGUST 2008

10.00 A.M.

PRESENT: Councillor V Schier (Chairperson) Councillor A Blake Councillor S Bonneau Councillor M Cochrane Councillor L Cooper Councillor Forsyth Councillor P Gregory Councillor N Lanskey Councillor K Lesina Councillor J Leu Councillor R Pyne OFFICERS: N Briggs Chief Executive Officer P Tabulo General Manager Planning & Environment B Gardiner General Manager Cairns Water B Grosser General Manager Corporate Services P Boyd Manager Planning Strategies S Clarke Manager Development Assessment L Phipps Manager Environmental Assessment L Kirchner Manager Corporate Performance T McPherson Executive Advisor to the Mayor S Shearer Minute Secretary

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1. REQUEST FOR CONSENT TO ACCESS BY OPTUS OVER LOT 35 ON RP857723, LOWER FRESHWATER ROAD, KAMERUNGA, FOR CONSTRUCTION OF A TELECOMMUNICATIONS FACILITY – DIV 8 1

Kylie Richardson: 19/3/3-75: #1780820 COCHRANE / BLAKE That Council advise Optus that it has no objection to granting access over part of its Lot 35 on RP857723, Lower Freshwater Road, Kamerunga, and signing any required Development Application, subject to: Such access being by way of an easement agreement in favour of Optus;

The easement not interfering, in anyway, with Council’s interest over the

land and the existing easement in favour of Queensland Electricity Transmission Corporation Limited (“QETC”);

Optus gaining consent from QETC for any works being undertaken within

the existing QETC easement; Optus obtaining approval from the Mulgrave Central Mill for the location of

the access in relation to the existing tramway; and It being at no cost to Council.

Furthermore, the Mayor and Chief Executive Officer being delegated authority pursuant to section 472 of the Local Government Act 1993 to negotiate and finalise any and all matters associated with the proposed access, any subsequent easement agreement, and the Development Application. carried

2. COMPULSORY ACQUISITION OF LAND BEING PART OF LOT 262ON CROWN PLAN BK15780, FOREST CREEK ROAD, FOREST CREEK, FOR ROAD - LANDOWNERS: PETER & TERUMI KAESERMANN PTY LTD - DIVISION 10........................................... 6

Kylie Richardson: 15/16/1-05: #1741867 LEU / LESINA That Council advise Marino Moller Lawyers to proceed with the compulsory acquisition of part (approximately 8,590 m²) of Lot 262 on Crown Plan BK15780 Forest Creek Road, Forest Creek, to formalise an existing road, in accordance with the Acquisition of Land Act 1967 from Peter & Terumi Kasermann Pty Ltd.

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Furthermore, the Mayor and Chief Executive Officer being delegated authority pursuant to section 472 of the Local Government Act 1993 to negotiate and finalise any and all matters associated with the proposed compulsory acquisition. carried

3. APPLICATION FOR RENEWAL OF SPECIAL LEASE NO. 9/43534 OVER LOT 113 ON CROWN PLAN NR304, 312 SHANNONVALE ROAD, SHANNONVALE – APPLICANT: JOHN GIRGENTI AND OTHERS – DIVISION 10. ................................................................ 11

Kylie Richardson: 19/3/3-75: #1772190 LEU / COCHRANE That Council advise the Department of Natural Resources and Water that it has no objection to the renewal of Special Lease 9/43534 over Lot 113 on Crown Plan NR304 by John Girgenti and Others on terms and conditions similar to those of the existing Special Lease, and providing that the intended use remains “Business – sugar cane growing”. Furthermore, that should an alternative use be proposed now or in the future that a drainage study from a suitably qualified engineer be required to be submitted to Council to show that stormwater design has been undertaken in accordance with Queensland Urban Drainage Manual (“QUDM”) principles and Far North Queensland Regional Organisation of Councils (“FNQROC”) Standards. Furthermore, the Mayor and Chief Executive Officer being delegated authority pursuant to section 472 of the Local Government Act 1993 to negotiate and finalise any and all matters associated with the proposed Special Lease. carried

4. LEASE BORAL RESOURCES (QLD) PTY LIMITED OVER LOT 401 ON C2251, DAVIDSON STREET, CRAIGLIE - DIVISION 10................ 16

Mandy Duke : 19/3/3-75 : #1791600 COCHRANE / GREGORY That Council commence negotiations to renew lease with Boral Resources (Qld) Pty Limited (the “Lessee”) ABN 46 009 671 809 over Lot 401 on C2251, Davidson Street, Craiglie for the purpose of a Concrete Batching Plant, subject but not limited to:

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• Ministerial exemption being sought and obtained from the tendering

provisions in accordance with Section 492(1)(e) of the Local Government Act 1993;

• The rental to be $25,000.00 (GST exclusive) per annum from the 1 January

2009, and subject to annual review in accordance with the Brisbane All Groups Consumer Price Index;

• The lessee being responsible for all reasonable costs associated with the

preparation, execution, stamping and registration (if required) of the lease; ● The lessee being responsible for any “Goods and Services Tax” or any other

form of consumption tax assessed in respect of rental payments; ● The lessee being responsible for all rates and charges, including any water

usage costs on the leased premises; and ● No further leases or extension of time being granted to Boral over the lease

of the premises. That Council officers undertake preliminary investigations as to the intended future use of Lot 401 on C2251 in conjunction with the surrounding Council freehold lots, prior to the expiration of the term of this proposed lease. Furthermore, Council delegate authority to the Mayor and Chief Executive Officer in accordance with section 472 of the Local Government Act 1993 to determine and finalise any and all matters including terms and conditions, pertaining to the proposed lease. The mover and seconder withdrew their support for the motion following the alternative motion being presented for consideration GREGORY LEU Council delegate authority to Mayor and Chief Executive Officer to negotiate with Boral Resources Pty Ltd to terminate the lease at the earliest opportunity and report back to Council. carried

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5. APPLICATION FOR RENEWAL OF SPECIAL LEASE NO. 9/43051 BEING LOT 237 ON SR304, MOSSMAN/DAINTREE ROAD, MIALLO – APPLICANTS: CAROLE PAULETTE MCDONALD AND THE PUBLIC TRUSTEE OF QUEENSLAND – DIV. 10 ........................................ 22

Mandy Duke : 19/3/3-75: #1787207 LEU / COCHRANE Council advise the Department of Natural Resources and Water that it has no objection to the renewal of Special Lease 9/43051 over Lot 237 on SR304 by Carole McDonald and the Public Trustee of Queensland on terms and conditions similar to the existing lease. Furthermore, Council delegate authority to the Mayor and Chief Executive Officer in accordance with section 472 of the Local Government Act 1993 to determine and finalise any and all matters associated with the application. carried

6. 2008 / 2009 DEPARTMENTAL OPERATIONAL PLAN..................... 26 P Tabulo : 1/59/2: #1780771 BONNEAU / COCHRANE That Council adopt 2008/2009 Planning & Environment Department Operational Plan. carried

7. NATIONAL SEA CHANGE TASKFORCE – REPORT ON ACTIVITIES 2007-08 ......................................................................................... 56

Deborah Wellington: 8/27/3-01: #1787157 BONNEAU / LEU That Council note the report on the National Sea Change Taskforce Activities for 2007-08. carried

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8. PLANNING & ENVIRONMENT – JULY 2008 MONTHLY REPORT .. 65 Peter Tabulo : 1/3/83 #1588068v12 BLAKE / COOPER That the report on the Planning and Environment Department for the month of July 2008 be received and noted. carried

9. COMPENSATION CLAIMS & APPEALS – JULY 2008..................... 78 Simon Clarke: 1/59/2-01 : #536015 v72 BLAKE / FORSYTH 1. That the report on the Compensation Claims & Appeals for July 2008 be

received and noted. 2. Council resolves that it is satisfied that the services of a barrister and

consultants to act for Council in The Appeals are of such a confidential nature that it would be impractical or disadvantageous to the Council to invite quotations and will proceed to procure these services utilising the provisions outlined in Section 486(3)(b) of the Local Government Act 1993.

carried

10. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) MULTI UNIT HOUSING, HOLIDAY ACCOMMODATION, SHOPPING FACILITIES & BUSINESS FACILITIES – 140-146 MCLEOD STREET, CAIRNS CITY – DIVISION 5.................................................................................. 85

J Elphinstone : 8/8/849 : #1413116 BLAKE / COCHRANE That Council grant a Preliminary Approval for Material Change of Use (Impact & Code Assessment) for Multi Unit Housing / Holiday Accommodation, Shopping Facilities and Business Facilities over land described as Lots 1 & 2 on RP715176, Lot 302 on CP1983 and Lot 2 on RP712774 located at 140-146 McLeod Street, Cairns City. Prior to the issue of a Development Permit the applicant is to provide the following:

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Amendment to Design 1. The proposed development must be amended to accommodate the following

changes: a. Q100 Flood Immunity & Site Fill i. All floor levels in all buildings must be located above the Q100

flood immunity level of 3.2 metres AHD, in accordance with FNQROC Development Manual, the CBD Environs Drainage Management Plan and Planning Scheme requirements; and

ii. The development of the site must not consume more than sixty

(60) percent of the existing flood storage volume of the site and must be conducted so as not to impede or hinder the surface water flow onto or off the subject land. Any ramping required to the building entries must be included on the land. All footpath ramping and any landscape planter boxes must be considered in regards to flood storage capacity limits;

b. Delete the porte cochere and replace with footpath and kerb; c. The street corner façade is to be designed to be an attractive landmark

element in the Streetscape. d. Provision of on-site car parking whereby the on-site parking is provided

in accordance with the following rates: i. For each Multi Unit House (including the single bedroom Multi Unit

houses) 1.75 spaces per unit, plus 1 wash down bay with a minimum of 1 spaces per unit to be roofed;

ii. For each non-self-contained room 0.75 spaces per room with a

minim of 10 spaces; and iii. For each 25m2 of net lettable floor area for Business

Facilities/Shopping Facilities 1.0 car space; and e. The setback of car parking spaces at least 3.0 metres from the street

boundary to Upward Street with the ability for cars parked in the area adjacent to Upward Street to be able to be reversed out of the spaces and leave the site in a forward gear;

f. Provision of at least two (2) car spaces for the residential component of

the land use positioned outside the gated entry; g. The availability of visitor parking for the Shopping and Business

Facility uses for the periods of business opening hours;

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h. The provision of on-site loading and unloading facilities; i. Improved site landscaping additional balconies should be provided to

the east elevation to substantially increase the amenity of the uses, in particular amenity for Multi Unit Housing land use;

j. Substantial increase to the deep planting landscaped areas at the

podium level instead of expansive areas of hard surface; k. Include details of finishes to the side and rear boundary walls. Where

the development proposed solid side boundary walls at ground levels to neighbouring residential properties, the external face of the walls must be rendered and painted to achieve an effective quality;

l. Inclusion of a lockable storage area for each Multi Unit House of 2.5m2

(minimum 5m3 volume) of lockable storage space conveniently located with respect to car accommodation; and

m. The parking layout must comply with the Australian Standard AS2890.1

2004 Parking Facilities - off street car parking and CairnsPlan, in particular:

i. Parking spaces adjacent to columns and walls must have a

minimum unobstructed clear width as determined by AS2890.1; ii. The driveway serving the parking area must include a physical

means of speed control at the exit point; iii. Provision must be made for loading/unloading of vehicles; iv. The provision of a vehicle wash bay(s) in accordance with

CairnsPlan Requirements v. Manoeuvring space must be provided to enable all vehicles to

enter and exit the site in forward gear (including refuse and service/delivery vehicles); and

vi. The parking area must be set back a minimum of three (3) metres

from the Upward Street property boundary. n. Provide secured, on-site bicycle parking in accordance with Table 10-1

of AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (page 133); and

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o. Nomination of the location of any required above ground transformer cubicles/ electrical sub-station. Above ground transformer cubicles and/or electrical sub-stations are to be positioned so that they do not detract from the appearance of the streetscape and must be clear of footpath areas. This will require cubicles/sub-stations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building.

CONCURRENCE AGENCY CONDITIONS & REQUIRMENTS

Concurrence Agency Concurrence Agency Reference

Date Council Electronic Reference

Department of Main Roads

158/20A/102(3283) 11 December 2007

1414269

Queensland Transport

CNR 95 4 April 2008 1687313

Refer to Appendix 1: Concurrence Agency Requirements. (Please note that

these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies).

ADVICE 1. 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.

2. Headwork contributions will be required for the development and will

be calculated at the time of approval of the Development Permit. 3. 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.

carried

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11. MATERIAL CHANGE OF USE (IMPACT) HOUSE (RAINFOREST CONSERVATION PRECINCT) – PANDANUS ROAD COW BAY – DIVISION 10 .................................................................................113

Michelle Henderson : 8/8/988 : #1782142 LEU / FORSYTH A. That Council refuse the application for a House on land described as Lot 362

on RP739002, located at Lot 362 Pandanus Road, Cow Bay on the following grounds.

1. The erection of a House on the subject allotment is not compliant with

the relevant Performance Criteria for the Settlement Areas North of the Daintree River Locality Code for development in the Rainforest Conservation Precinct within the Central Management Area;

2. The erection of a House on the subject allotment is inconsistent with

both the intent and the Performance Criteria of the Conservation Planning Area; and

3. No evidence has been provided that the proposal is compliant with the

requirements of the following Codes:

Filling and Excavation Code; Landscaping Code; Natural Areas and Scenic Amenity Code; Vehicle Parking and Access Code

B. That Council make an offer of compensation to the Applicant in accordance

with the findings of the report prepared by Herron Todd White Valuers. C. That Council advise the Environmental Protection Agency to remit

appropriate compensation to the Applicant in accordance with the agreement between Douglas Shire Council and the Environmental Protection Agency.

D. That Council’s Conservation Precinct Register be updated to record that the landowner’s development status is changed to “compensated”.

carried

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12. RECONFIGURING A LOT (3 LOTS INTO 15 LOTS) – 472-490 BRINSMEAD ROAD, FRESHWATER, -– DIVISION 6 ......................126

J Elphinstone : 8/13/1292-01 #1729677 COOPER / BLAKE That Council grant a Preliminary Approval for Reconfiguring a Lot (3 lots into 15 lots) over land described as Lot 1 on RP709390, Lot 2 on RP724523 & Lot 1 on RP724523, located at 472-482, 484-488 & 490 Brinsmead Road, Freshwater. Prior to the issue of a Development Permit, the applicant is to provide the following: Street Layout and Design 1. The street layout and design must be revised to comply with Queensland

Streets and FNQROC Development Manual whereby: a. With the exception of a distance of ten (10) meters from the northern

boundary of proposed Lot 1, exclude the area of common property adjacent to proposed Lot 1 on Charles O’Neill Pty Ltd Plan No. 0431ONE-68 Revision B dated 12 November 2007 and include this area in the proposed Lot 500 (Balance lot);

b. Provide 14m wide road reserves to facilitate the provision of the road

and services plus on street parking;

c. Provide a full detail design showing how a protected right turn lane can be accommodated on Kamerunga Road for traffic turning into the development. The intersection is to be a Type CHR in accordance with the DMR Road Planning and Design manual;

d. Further investigations must be undertaken by an appropriately qualified

professional with respect to the proposed road layout and compliance with Queensland Streets and the FNQROC Development Manual. The investigation is to include but not limited to the following:-

i. Proposed Road vertical and horizontal geometry including

assessment of site lines to intersections and lot access points; ii. Proposed earthworks to create the verges and services corridors

and to achieve site lines must be nominated on the engineering drawings submitted for Operational Works approval;

iii. Nominate access for particular allotments having regard to lot

orientation and road hierarchy i.e., Lots 4, 5, 22, 23, 24 and lot 500;

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iv. The location of the access lane that provides access to Lots 1 to 6.

The investigation must show how the site distances are achieved and how the grade at the intersection complies with the requirements of FNQROC; and

v. The provision of on-street car parking in all proposed roads and in

particular the road stubs near lot 1 and lot 21.

Note where specific access locations are nominated for particular allotments, the cross-over and aprons will be required to be constructed prior to approval and dating of the Plan of Survey;

e. Nominate building envelope plans for proposed Lots 1, 18, 19 and 20

whereby: i. For proposed Lots 1, 19 and 20 no building envelope shall contain

slopes in excess of 1:3; ii. For proposed Lots 1 and 18 a suitable building envelope, which

seeks to exclude all or most significant vegetation, must be identified for each new allotment. The building envelope must be located at least five (5) metres from the line of the existing vegetation;

iii. Building envelopes must be of located to accommodate any

necessary set-backs from drainage paths – in particular the building envelope for proposed Lot 1 must be located at least five (5) metres from the top of bank of the small gully system occurring on this land; and

iv. The building envelope plan must show the actual edge of the

existing drainage path;

f. Provide an updated water supply and sewerage infrastructure plan and supporting information including hydraulic network analysis demonstrating how the development will be serviced by Council’s Infrastructure. In particular the plan must:-

i. Show how each house pad for the proposed development can be

provided with adequate water pressure and fire fighting capacity in accordance with FNQROC Development Manual requirements; and

ii. Show how all proposed allotments can be fully controlled and

connected to sewer in accordance with FNQROC Development Manual requirements.

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g. Inclusion of easements in favour of Council over all sewers within the

site that are on non-standard alignment; h. Nominate remediation and revegetation works to be undertaken within

the areas of site where slope gradient is 1 in 3 or greater for proposed Lots 1, 19 and 20 with species of local provenance; and

i. Undertake a local drainage study of the site to determine the drainage

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

i. The contributing catchment boundaries; ii. The extent of the 100 year ARI flood event in relation to the site

both pre and post development; iii. Primary and secondary flow paths for the 2 and 100 year ARI flood

events; iv. Proposed stormwater infrastructure to convey the runoff. The

study must nominate both internal stormwater infrastructure and any new or upgraded infrastructure external to the development;

v. Identify any requirement for drainage easements, (noting the

external catchment and any runoff from Stages 1 or 3 into Stage 2);

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

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

j. Provide detail of all proposed batters/retaining structures. Note these are to be generally limited to 1.8m with a total height of 3.6m in successive batters. All batters must be designed in a manner that minimises the construction footprint and has the ability to be screened.

Typical details of the various methods to be used to achieve this

must be provided. In instances where batters will exceed 1.8m in height, provide details that include, but are not limited to, the following:

i. Details of the specific means of supporting or retaining to be

used. This must include a geotechnical report supporting each of the proposed treatments at each location;

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ii. Drawings (plans, longitudinal and cross sections) showing the

extent of the proposed treatments at each location; iii. Methods to be used to minimise the visual impact; iv. Elevations showing the visual impact when viewed from

vantage points; and v. A geotechnical assessment by a qualified and experienced

geotechnical consultant regarding the batters.

Geotechnical Report 2. A site specific geotechnical assessment must be carried out by a qualified

and experienced geotechnical consultant for all lots and all proposed roads. The report must include consideration of any benching.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference


Department of Natural Resources and Water

IC0108CNS0013; CNS/0022543

26 February 2008 SKIDS #1663690


158/6472/102(3346) 16 January 2008 SKDIS #1641207

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that

these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies).

ADVICE 1. 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.

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 and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all

relevant Local Laws and statutory requirements.

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4. Developer contributions will be payable for the proposal and will be

calculated and determined at the time of approval of the Development Permit.

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

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

carried

13. MATERIAL CHANGE OF USE (CODE ASSESSMENT) MULTI-UNIT HOUSING – CAPTAIN COOK HIGHWAY CLIFTON BEACH – DIVISION 10 .................................................................................151

L Jackson : 8/35/42 : #1737665 PYNE / FORSYTH That Council approve the development application for Multi-Unit Housing over land described as Lot 1 on RP724959, located at Captain Cook Highway Clifton Beach, subject to the following: APPROVED DRAWING(S) AND/OR DOCUMENT(S) The term ‘approved drawing(s) and/or document(s)’ or other similar expression means:

Drawing or Document Reference Date Site Plan ATP 100 – (A) 31/08/2008

Townhouse 1 ATP 200 – (A) 30/07/2008 Townhouse 2 ATP 201 – (A) 30/07/2008 Townhouse 3 ATP 202 – (A) 30/07/2008 Townhouse 4 ATP 203 – (A) 30/07/2008

Street Elevation ATP 400 – (A) 30/07/ 2008 Assessment Manager Conditions 1. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:- a. The specifications, facts and circumstances as set out in the

application submitted to Council; b. The following conditions of approval and the requirements of Council’s

Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval

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

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

Setbacks 3. The development shall maintain a minimum of 2 metre setback from the

southern and eastern boundaries of the site as shown on the approved drawings. Such setback shall exclude all fixed awnings, eaves and other similar structures.

Water Supply Contributions 4. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of water supply infrastructure.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $92,863.45 (20.40 ERAs).

Payment is required prior to Commencement of Use or approval and dating

of the Building Format Plan, whichever occurs first. Wastewater Contributions 5. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of sewerage infrastructure.



of the Building Format Plan, whichever occurs first. Road Network Contributions 6. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision and upgrading of the road network.



of the Building Format Plan, whichever occurs first.

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Community Purpose Infrastructure Contributions 7. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of Community Purpose Infrastructure. Contributions must be paid at the rates applicable at time of payment. On

the present method of calculation, the contributions are $45,090.00 (90 EPs). Payment is required prior to Commencement of Use or approval and dating

of the Building Format Plan, whichever occurs first. Stormwater Quality 8. Pay a monetary contribution to Council in accordance with Council’s Trunk

Infrastructure Contributions Policy towards the improving Stormwater Quality.

Contributions must be paid at the rates applicable at time of payment. On

the present method of calculation, the contributions are $3,069.40 for Stormwater Quality.


of the Building Format Plan, whichever occurs first. Water Supply and Sewerage Works External 9. Undertake the following water supply and sewerage works external to the

site to connect the site to existing water supply and sewerage infrastructure:-

a. Augment existing water supply infrastructure to the extent necessary

such that the development does not adversely affect the water supply to adjacent properties and such that a water service connection can be provided at the lot frontage;

b. Augment existing sewers, to the extent required to accommodate the

increased flows generated by the development;

c. Provide water mains such that the development can be provided with a water connection at the lot frontage;

d. Extend the sewer mains such that the site can be provided with a

property connection branch. All the above works must be designed and constructed in accordance with

the FNQROC Development Manual.

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Three (3) copies of a plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. All work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Water Supply and Sewerage Works Internal 10. Undertake the following water supply and sewerage works internal to the

subject land:- a. The development must be serviced by a single internal water and

sewerage connection made clear of any buildings or structures; b. Water supply sub-metering must be designed and installed in

accordance with The Plumbing and Drainage Act 2002 and the Water Act 2000;

c. Provide a property connection branch that can service and control the

whole development site. All the above works must be designed and constructed in accordance with

the FNQROC Development Manual. The plan of works must be approved by the Chief Executive Officer prior to

the issue of a Development Permit for Building Work. All works must be carried out in accordance with the approved plans, to the

requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Damage to Infrastructure 11. In the event that any part of Council’s existing sewer/water infrastructure is

damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Cairns Water immediately of the affected infrastructure and have it repaired or replaced by Cairns Water, at the developers cost, prior to the Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

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Water Saving 12. All 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.

Vehicle Parking 13. The amount of vehicle parking must be as specified in Council's Planning

Scheme which is a minimum of 55 spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities - off street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Internal Pedestrian Circulation 14. The internal driveway is to be altered such that footpaths are provided

adjacent to the frontage of the dwellings to provide for safe pedestrian movement within the site. The footpaths are to be clearly delineated from the internal manoeuvring area and are to contain landscaping to improve the internal amenity of the site. The proposed landscaping is to be included within the landscaping plan specified in condition 26.

Vehicle Wash Bay 15. A vehicle wash bay must be provided. It must be roofed and bunded and

wastewater must be discharged through a 550 litre triple interceptor to sewer or as agreed to by the Chief Executive Officer.

Protection of Landscaped Areas From Parking 16. Landscaped areas adjoining the parking area must be protected by a 150mm

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

Parking Signage 17. Erect signs advising of the location of the off-street visitor parking area and

access thereto. The signs must be erected prior to Commencement of Use. One sign must be located on the Captain Cook Highway and the service road when if becomes activated.

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Bicycle Parking 18. Provide secured, on-site bicycle parking in accordance with Table 10-1 of

AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum number of parking spaces required for this development is 14 spaces. The bicycle parking area must be constructed prior to Commencement of Use.

Lighting 19. All lighting installed upon the premises including car parking areas must be

certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

Road Design & Construction 20. The applicant/owner must undertake the following design and construction

works internal to the subject land:

a. Construct a road running in front of the applicants land. The road shall be constructed in Zone C – as shown in DMR plan no PD 118. The road shall be constructed to a Major Collector standard as identified in Council’s Standard Drawing CCC S1006.

b. A temporary turn around must be constructed at the northern end of

the connector road;

Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. The street layout and design must be designed to comply with Queensland Streets and the FNQROC Development Manual, to the satisfaction of the Chief Executive Officer, prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Dedication of Land 21. The applicant is to dedicate land to Council for the purpose of a future

connector road. The land marked C in the DMR letter dated 24 June 2008 (Appendix 2) is to be dedicated to Council for the purpose of public road. The land must be transferred in conjunction with registration of the Plan of Survey prior to commencement of use.

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Drainage Easement 22. Create a Drainage Easement from the northern boundary of the site to 2m

south of the top of the high bank of the southern side of Deadmans Creek. The easement must be must be granted in favour of Council. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council and must be transferred in conjunction with registration of the Plan of Survey prior to commencement of use.

Above Ground Transformer Cubicles/ Electrical Sub-Stations 23. Above ground transformer cubicles and/or electrical sub-stations are to be

positioned so that they do not detract from the appearance of the streetscape and must be clear of footpath areas. This will require cubicles/sub-stations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building. Details of the electrical sub-station positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

Under Grounding of Electricity Supply 24. All electricity lines along the full frontages of the subject site are to be

placed underground. Such works are to be undertaken by Ergon Energy or an Ergon Energy approved contractor at the applicant’s expense.

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

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

application for power supply. All works must be completed prior to Commencement of Use or approval

and dating of the Building Format Plan, whichever occurs first. Drainage Study of Site 25. Undertake a local drainage study on the subject land to determine drainage

impacts on downstream properties and the mitigation measures required to minimise such impacts. In particular, the post-development discharge of stormwater from the subject site must have no worsening effect on the drainage of upstream or downstream properties. The study must also identify the need and location of any drainage easements to convey stormwater to the lawful point of discharge. The drainage study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work with the necessary works being undertaken prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

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Landscaping Plan 26. The site must be landscaped in accordance with details included on a

Landscaping Plan. The Landscaping Plan must show: Planting Design

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

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

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

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

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

groundcovers; f. The planting design is to include tree species along the southern

boundary that must have the ability to grow in excess of 6 metres and achieve a screening effect to the adjacent property to the south;

Hard Landscaping Works a. Details of any perimeter, private yard or street fencing; b. Protection of landscaped areas adjoining parking areas from vehicular

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

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. Areas to be landscaped must be established prior to Commencement of Use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Vegetation Clearing 27. Existing vegetation on the subject land must be retained in all areas except

those affected by the construction of roadworks/access driveways, the installation of services as detailed on the approved plans as stated in Condition 1. Any further clearing requires an Operational Works Approval.

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Vegetation to be retained is to be identified and adequately fenced off for protection purposes prior to construction work commencing on the site.

Notification of Vegetation Clearing 28. Council’s Development Assessment Branch must be notified two days prior

to the proposed date of commencement of any approved vegetation clearing to facilitate community awareness of such works.

Existing Creek and Drainage Systems 29. 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 and Mines for carrying out works in a watercourse.

Lawful Point of Discharge 30. All stormwater from the property must be directed to a lawful point of

discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Sediment and Erosion Control 31. Soil and water management measures must be installed/implemented prior

to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Screen Fence 32. A screen fence must be provided to the side and rear boundaries of the

subject land and for the private yards of individual units. The fencing must be detailed in the Landscape Plan and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Street Fencing 33. Any proposed fences and/or walls to any road frontage are to be limited to

the following: a. 1.2 metres in height if solid; or b. 1.5 metres in height if at least 25% visually transparent; or c. 1.8 metres in height if at least 50% visually transparent.

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Details of the street fencing must be detailed in the Landscape Plan and be

endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Refuse Storage 34. Refuse storage is required to service the site in accordance with Council

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

35. The refuse bin enclosure must be roofed and bunded and fitted with a

bucket trap. Details Of Development Signage 36. The development must provide clear and legible signage incorporating the

street number for the benefit of the public. Advertising Signage 37. 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.

Crime Prevention Through Environmental Design 38. The applicant/owner must ensure that all lighting and landscaping

requirements complies with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

Health 39. Noise from air conditioning units, swimming and spa 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 Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).

Air-conditioning Screens 40. Air conditioning units located above ground level and visible from external

properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

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CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS Concurrence Agency Concurrence

Agency Ref. Date Council

Electronic Reference


214/20A/102(2136.02) 24 June 2008 1737077

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). ADVICE 1. This approval, granted under the provisions of the Integrated Planning Act




3. This approval does not negate the requirement for compliance with relevant Local Laws and statutory requirements. 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.

5. Headwork contribution calculations are attached as Appendix 3. Please note

that the contributions must be paid at the rates applicable at the time of payment. Updated calculations must be requested prior to payment.

carried with Councillors Lesina, Leu, Bonneau and Pyne voting against the motion

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14. RESOLUTION OF APPEAL - MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - RETIREMENT VILLAGE – ISABELLA ROAD EDMONTON – DIVISION 2 ............................................................184

Paul Cohen : 8/8/809 : #1788711 LANSKEY / COOPER A. That Council resolve to commence discussions with the appellant to settle

Planning and Environment Court Appeal 337 of 2007 (Oasis Retirement Pty Ltd v Cairns City Council) over a development application for a Material Change of Use for a Retirement Village over land described as Lot 3 on RP860977, located at Isabella Road, Edmonton.

B. That Council delegates authority to the Mayor and Chief Executive Officer to

negotiate a set of finalised conditions with the appellant. carried

15. MATERIAL CHANGE OF USE (CODE ASSESSMENT) - RETIREMENT VILLAGE – 243-269 GATTON STREET WESTCOURT – DIVISION 5.....................................................................................................194

G Warner : 8/7/1154 : #1651775 BLAKE / FORSYTH That Council approve the Development Application for Retirement Village and Aged Care Facility in 5 stages over land described as Lot 171 RP: 857619, located at 243-269 Gatton Street, Westcourt, subject to the following: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means: The approved plans, noted below, prepared by Bickerton Masters Architecture, for project “Holy Spirit Home – Bethlehem – 387”, and attached as Appendix 1;

Title Plan Number Date Staging Plan SD 28 E Dec 2007 Site Plan – Stage 1 SD 29 D Jan 2008

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Site Plan – Stage 2A SD 62 A Jan 2008 Site Plan – Stage 2B SD 30 D Jan 2008 Site Plan – Stage 3 SD 31 D Jan 2008 Site Plan – Stage 4 SD 32 D Jan 2008 Site Plan – Stage 5 (Overall) SD 00 N Jan 2008 Part Site Plan SD 01 R Jan 2008 Ground Floor Plan – 41 Beds – High Care + Dementia

SD 22 J Jan 2008

Ground Floor Plan – 49 Beds – Low Care

SD 23 J Jan 2008

Community Floor Plan – 1 SD 24 I Jan 2008 Community Floor Plan – 2 SD 26 H Jan 2008 Admin – Upper Floor Plan SD 27 F Dec 2007 Aged Care Facility – Elevations SD 37 B Dec 2007 Aged Care Facility – Elevations SD 38 B Dec 2007 Community Building – Elevations SD 39 E Dec 2007 Community Building – Elevations SD 40 E Dec 2007 Apartments ST 3 – L1 Plan SD33 D Dec 2007 Apartments ST 3 – L2 Plan SD34 D Dec 2007 Apartments ST 3 – L3 Plan SD35 D Dec 2007 Apartments ST 3 – L4 Plan SD43 D Dec 2007 Apartments ST 3 – Basement Plan

SD36 D Dec 2007

Apartments ST 3 – Elevations SD41 D Dec 2007 Apartments ST 3 – Elevations SD42 D Dec 2007 Apartments ST 4 – L1 Plan SD44 B Dec 2007 Apartments ST 4 – L2 Plan SD45 B Dec 2007 Apartments ST 4 – L3 Plan SD 46 B Dec 2007 Apartments ST 4 – L4 Plan SD47 B Dec 2007 Apartments ST 4 – Basement Plan

SD48 B Dec 2007

Apartments ST 4 – Elevations SD54 B Dec 2007 Apartments ST 4 – Elevations SD 55 B Dec 2007 Apartments ST 5 – L1 Plan SD49 B Dec 2007 Apartments ST 5 – L2 Plan SD50 B Dec 2007 Apartments ST 5 – L3 Plan SD 51 B Dec 2007 Apartments ST 5 – L4 Plan SD52 B Dec 2007 Apartments ST 5 – Basement Plan

SD53 B Dec 2007

Apartments ST 5 – Elevations SD56 B Dec 2007 Apartments ST 5 – Elevations SD 57 B Dec 2007 Site from North - Perspective SD60 A Nov 2007 Streetscapes SD61 A Nov 2007

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Gamble McKinnon Green – Schematic Landscape Designs

06240 – SD -01 (C) 06240 – SD -02 (C) 06240 – SD -03 (C) 06240 – SD -04 (C) 06240 – SD -05 (C) 06240 – SD -06 (C)

13/12/2007

Cardno Eppell Olsen – Design Note (Traffic)

491871/KS/JB 9/5/08

Assessment Manager Conditions 1. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:-

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

b. To ensure that the development complies in all respects with the

following conditions of approval and the requirements of the Council’s Planning Scheme and the FNQROC Development Manual; and

c. Subject to any alterations 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.

Except where modified by these conditions of approval.

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

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

Construction Access 3. Vehicular access to the site for construction and demolition purposes must

be provided from Lyons only, unless authorised by the Chief Executive Officer.

Water Supply Contributions 4. The applicant/owner must contribute in accordance with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provisions of water supply and sewerage headworks.

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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 for each Stage are: Stage Contribution ERA’s 1 $157,920.08 36.0 2 $61,413.36 14.0 3 $106,157.39 24.2 4 $158,797.41 36.2 5 $104,402.72 23.8


of the Building Format Plan, whichever occurs first. (NB Credit for existing uses of the land in any stage may apply and may be

quantified and claimed at the time of payment) Wastewater Contributions 5. The applicant/owner must contribute in accordance with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provisions 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 for each Stage are: Stage Contribution EDC’s 1 $137,915.03 36.0 2 $53,633.62 14.0 3 $85,813.79 22.4 4 $125,655.91 32.8 5 $110,332.02 28.8



quantified and claimed at the time of payment) Stormwater Quality 6. The applicant/owner must contribute in accordance with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the improvement of Stormwater Quality.

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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 for each Stage are: Stage Contribution Approx Area 1 $3,733.75 0.60 2 $2178.02 0.35 3 $3,111.46 0.50 4 $3,484.83 0.56 5 $3,609.29 0.57



quantified and claimed at the time of payment.) Road Network Contributions 7. The applicant/owner must contribute in accordance with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards Traffic Management and Road Upgrading Programs. 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 for each Stage are: Stage Contribution ERA’s 1 N/A 0 2 N/A 0 3 $147,991.63 28.0 4 $216,702.03 41.0 5 $190,274.95 36.0



quantified and claimed at the time of payment)

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Community Purpose Infrastructure Contributions 8. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of Community Purpose Infrastructure.

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 for each Stage are: Stage Contribution ERA’s 1 N/A 2 N/A 3 $72,436.00 91 4 $104,276.00 131 5 $95,520.00 120



quantified and claimed at the time of payment) Public Art Contribution 9. Pay a monetary contribution to Council in accordance with Council’s

General Policy – Public Art towards the provision of Public Art within the community.

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 for each Stage are: Stage Contribution Units 1 N/A 2 N/A 3 $5,700.00 38 4 $8,100.00 54 5 $7,500.00 50


of the Building Format Plan, whichever occurs first.

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Water Supply and Sewerage Works 10. The applicant/owner must undertake the following water supply and

sewerage works internal to the subject land, in particular:- a. Construct a manhole on the existing sewer line (R1001/4 to R1001/3),

adjacent to the south-eastern boundary of the site. The applicant/owner must provide written acceptance to take ownership, as a private sewer, the existing sewer upstream of the newly constructed manhole prior to commencement of use of any proposed stage or approval and dating of the Building Unit Plan for any stage, whichever occurs first.

b. Where the sewer is within 1.5 metres of the building the sewer must be

replaced with uPVC sewer pipe class SN8 and made clear of the zone of influence from all footings and foundations of any building or structure. Footings are to be designed in accordance with the Building Code of Australia such that no load is imparted onto the sewer.

c. The development must be serviced by a single internal water service

and sewer Property Connection Branch (PCB). d. The sewer Property Connection Branch (PCB) must be located clear of

all buildings, structures and driveways. e. Provide an easement, in favour of Council, with a minimum dimension

of 3.0m centrally over the new sewer manhole. f. Finished surface levels are to be such that the existing sewer is capable

of controlling the whole allotment. All works must be designed and constructed in accordance with the FNQROC Development Manual. Details of building footings adjacent to the sewer must be endorsed by the Chief Executive Officer prior to the issuing of a Building Permit for building works. Three (3) copies of a plan of the works must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Operational Works / the issuing of a Building Permit for building works. Easements must be registered prior to commencement of use or approval and dating of the Building Unit Plan whichever occurs first.

All works must be carried out in accordance with the approved plans, to the

requirements and satisfaction of the Chief Executive Officer prior to commencement of use.

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11. In the event that any part of Council’s existing sewer/water infrastructure is

damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Cairns Water immediately of the affected infrastructure and have it repaired or replaced by Cairns Water, at the developers cost, prior to the commencement of use.

Refuse Storage 12. Refuse bin enclosures must be roofed and bunded and fitted with a bucket

trap. Liquid Waste Disposal 13. The sewer discharge from the kitchens/cafe operation will require a pre-

treatment device. Hydraulic plans must be submitted to and be approved by Council prior to commencement of building works.

Vehicle Wash Bay 14. A vehicle wash bay must be provided when the first block of Independent

Living units are constructed. This bay must be roofed and bunded and wastewater discharged through a 550 litre triple interceptor to sewer or as otherwise agreed by the Chief Executive Officer.

Water Saving 15. All 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.

Parking 16. The amount of vehicle parking must be as specified in Council's Planning

Scheme and provided for in the application which is:

Stage Parking Requirement 1 9+ Existing during construction phase + form seal, line mark

parking on Lyon Street frontage south of the proposed upgraded Lyon Street entrance

2 57 + Service vehicles (must be provide as part of Stage 2 and before any Independent Living Units are occupied)

3 34 + Wash bay 4 55 5 55

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The parking layout must comply with CairnsPlan and AS2890 in particular: a. Provision must be made for loading/unloading of vehicles; b. The provision of an ambulance bay; c. Manoeuvring space must be provided to enable all vehicles to enter and

exit the site in forward gear (including refuse and service/delivery vehicles);

Parking layout plans must be endorsed by the Chief Executive Officer prior

to the issue of a Development Permit for Building Work. Parking Construction 17. The parking must be constructed in accordance with the FNQROC

Development Manual specifications prior to Commencement of Use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Parking Signage 18. The applicant/owner must erect signs to the satisfaction of the Chief

Executive Officer, advising of the location of the off-street visitor parking area and access thereto. Details of the signs must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. The signs must be erected prior to Commencement of Use. At least one sign must be located on the Lyons Street frontage.

Landscaping 19. The site, including adjacent footpath(s) shall be landscaped in stages in

accordance with details included on a Landscaping Plan. The Landscaping Plan must be generally in accordance with the Schematic Landscape Design submitted for the subject Development Application and in particular show:

Planting Design

a. A planting design which is in accord with the FNQROC Manual; b. A planting design that does not include any species that are identified

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

groundcovers; d. Retention of as many existing trees and shrubs as possible and further

planting of trees and shrubs; e. The provision of shade trees, especially to western walls; and

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f. Landscaping of setback areas, being a minimum 3 metre wide buffer to the boundaries of the site.

g. Retention and protection of all on-street trees in Lyons and Gatton Streets.

Hard Landscaping Works a. Natural and finished ground levels including details of all retaining

works; b. Details of perimeter and any proposed street fencing; c. Protection of landscaped areas adjoining parking areas from vehicular

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

d. Clothes drying areas screened from public view and have access to natural sunlight.

Lighting

Night lighting details for particular to driveway and parking areas, pedestrian paths and communal open space. Lighting is to provide illumination to any potential areas of concealment in accordance with CPTED principals. The Technical parameters, design, installation, operation and maintenance of outdoor lighting must to comply with the requirements of AS4282 – Control of the Obtrusive Effects of Outdoor Lighting.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works for each stage of the development. Areas to be landscaped must be established prior to Commencement of Use for each stage of development and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Above Ground Transformer Cubicles/ Electrical Sub-Stations 20. Above ground transformer cubicles and/or electrical sub-stations are to be

positioned so that they do not detract from the appearance of the adjoining streetscape. This will require cubicles/sub-stations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed buildings. Details of the electrical sub-station positioning must be endorsed by the Chief Executive Officer in association with the provision of a Landscaping Plan for the stage in which the Transformer station is required.

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Limitation on Use 21. The new laundry facility must be maintained as an ancillary function

associated with the retirement village / nursing facility on premises and not be used for the “off-premises” laundering needs, unless otherwise agreed in writing with Council.

Health 22. Premises proposed for storage and preparation, handling, packing or

service of food must comply with the requirements of the Food Act 2006 and Food Safety Standards.

23. Prior to construction or alteration (existing) of any premises used for

storage, preparation, handling, packing or service of food, application for such must be made with Council’s Public Health Unit.

24. An application for construction or alteration (existing) of any food premises

must be accompanied by two copies of plans drawn to a scale not smaller than 1:100. Such plans are to include details of ventilation (including mechanical exhaust ventilation systems), finishes to walls, floors and ceilings, and details of the proposed layout and materials to be used in the construction of all equipment, benches, fixtures and fittings. The plans must include detailed cross sections of all areas to be included in the construction or alteration. All works must be carried out in accordance with the requirements of the Food Act 2006, Food Safety Standards and AS 4674 – 2004 – Design, construction and fit-out of food premises.

25. Prior to operation of the food business, the operator must hold a Food

Operators Licence under the Food Act 2006. 26. Swimming pool water quality must be maintained so that it meets the

Queensland Health Swimming and Spa Pool Water Quality and Operational Guidelines at all times.

External Works 27. The applicant/owner must at their own cost undertake the following works

external to the subject land: Stage 1

a. Construct full width bitumen widening to Lyon Street frontage;

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b. Provision of a concrete commercial crossover(s) and apron(s) to proposed entrance;

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

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

d. Form, seal and line mark parking spaces in front of and adjacent to the

subject land from the Stage 1 entrance to the boundary with Lot 172 RP857619;

e. Construct a 2.0 metre wide concrete footpath to Lyons Street frontage in

accordance with FNQROC Development Manual Standard Drawing 1035A. The footpath must contain kerb ramps to all road crossing in accordance with FNQROC Development Manual Standard Drawing 1016A. Kerb ramps must be fitted with Tactile Ground Surface Indicators in accordance with Australia Standard AS1428.4:2002 Design for Access and Mobility Part 4: Tactile Indicators.

f. Retain and protect all on-street trees in Lyons Street.

Stage 2A & B a. Construct full width bitumen widening and kerb an channel to the

turning area of the Lyon Street “cul de sac” Turning circle diameter to accommodate semi –rigid truck movements;

b. Provision of a concrete commercial crossover(s) and apron(s) to

proposed entrance and revise functions of entrance constructed as part of stage 1;

c. Construct a 2.0 metre wide concrete footpath to Lyons Street frontage in

accordance with FNQROC Development Manual Standard Drawing 1035A. The footpath must contain kerb ramps to all road crossing in accordance with FNQROC Development Manual Standard Drawing 1016A. Kerb ramps must be fitted with Tactile Ground Surface Indicators in accordance with Australia Standard AS1428.4:2002 Design for Access and Mobility Part 4: Tactile Indicators

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

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

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e. Construct a 2.0 metre wide concrete footpath to the Gatton Street

frontage in accordance with FNQROC Development Manual Standard Drawing 1035A. The footpath must contain kerb ramps to all road crossing in accordance with FNQROC Development Manual Standard Drawing 1016A. Kerb ramps must be fitted with Tactile Ground Surface Indicators in accordance with Australia Standard AS1428.4:2002 Design for Access and Mobility Part 4: Tactile Indicators

f. Upgrade the Gatton Street entrance in accordance with the

recommendations of the Cardno-Eppel Olsen traffic design note (9 May 2008); and

g. Provision of Queensland Transport Bus stop and path requirements. h. Retain and protect all on-street trees in Gatton and Lyons Streets. Stage 5 a. Provision of a commercial concrete crossover(s) and apron(s) to

proposed Brown Street Entrance;

b. Repair any damage to existing kerb and channel, footway or roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines that may occur during and works carried out in association with the constructions of the approved development).

The external works outlined above require approval from Council in accordance with Local Law 22 – (Activities on Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Drainage Study of Site 28. The applicant/owner must undertake a staged local drainage study on the

subject land to determine the layout of drainage systems and drainage effects on downstream properties and the mitigation measures required to minimise such effects. In particular, the post-development discharge of stormwater from the subject site must have no worsening effect on the drainage of upstream or downstream properties. The study must also identify the need and location of any drainage easements to convey stormwater to the lawful point of discharge. The drainage study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work for each stage.

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Installation Of SWM Measures 29. 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 the FNQROC Development Manual).

Minimum Fill and Habitable Floor Levels: CBD and Environs Area - Zone 2 30. All habitable floor levels in all buildings must be located a minimum of

150mm above the Q100 flood immunity level of 3.2 metres AHD, in accordance with FNQROC Development Manual, the CBD environs Drainage Management Plan and Planning Scheme requirements.

Note that 150mm is the minimum allowable freeboard and Council recommends a freeboard of 300mm to habitable floor levels. Council’s current records indicate existing ground levels of approximately 2.9 metres.

The development of the site must not consume more than sixty (60) percent of the existing flood storage volume of the site and must be conducted so as not to impede or hinder the surface water flow onto or off the subject land.

Three (3) copies of a plan of works, with supporting flood storage volume calculations, must be submitted to and be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

External Lighting 31. 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 Planning Scheme requirements, whereby vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level. Note Lyons Street lighting is to be P4 standard. Internal driveway lighting to P3 standard. Area lighting is required for external car parks.

Crime Prevention through Environmental Design 32. The applicant/owner must ensure that all lighting and landscaping

requirements complies with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

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Basement Parking 33. If de-watering is required the applicant/owner must make application for a

Dewatering Permit through Council’s Environmental Protection Unit prior to commencement of building work.

The access to the basement parking area must be designed to prevent 100

year ARI flood waters from entering the basement parking area and must have a minimum vertical clearance of 2.1 metres.

Bicycle Parking 34. The applicant/owner must ensure the provision of secured, on-site bicycle

parking in accordance with Table 10-1 of AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum number of parking spaces required for this development is 20 spaces. The bicycle parking area must be constructed prior to Commencement of Use.

Lockable Storage 35. Provide each residential unit with a minimum of 2.5m2 (minimum 5m3

volume) of lockable storage space conveniently located with respect to car accommodation.

Screen Fence 36. The applicant/owner must provide a screen fence to the side boundaries of

the subject land, to the satisfaction of the Chief Executive Officer. The fencing must be consistent in terms of design and materials with other fences in the locality. Details of the screen fence must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Acid Sulfate Soils – Basement/Pool Disturbance

37. The basement/pool excavation proposed may result in disturbance of

potential acid sulfate soils (PASS). The relevant recommendations of the Douglas Partners Acid Sulphate Management Plan dated 5 June 2008 are to be implemented at each stage of development . Where it is found that PASS exist, treatment of soil must be undertaken on-site to neutralise acid, prior to disposal as fill, in accordance with the DNRM ‘Queensland Acid Sulfate Soil Technical Manual’.

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Acid Sulfate Soils – Surface Water Run-off 38. The applicant must treat and monitor all surface water run-off prior to it

leaving the site in accordance with the DNRM ‘Queensland Acid Sulfate Soil Technical Manual’ and ‘Australian and New Zealand Guidelines for Fresh and Marine Water Quality’ (ANZECC and ARMCANZ 2000a) and with reference to the ‘Australian Guidelines for Water Quality Monitoring and Reporting’ (ANZECC and ARMCANZ 2000b) for a minimum period of recommended in the report required by the above. The monitoring program must be capable of determining whether on-site management of potential acid sulfate soils (PASS) material is effective and demonstrate to the satisfaction of the Chief Executive Officer that run-off leaving the site will not impact on the quality of receiving waters. A minimum of pH, D.O. and E.C. must be monitored upstream, on and below the site.

39. 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 Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).

Street Fencing 40. Any proposed fences and/or walls to any road frontage are to be limited to

the following: a. 1.2 metres in height if solid; or b. 1.5 metres in height if at least 25% visually transparent; or c. 1.8 metres in height if at least 50% visually transparent. Details of the street fencing must be detailed in the Landscape Plan and be

endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Air-conditioning Screens 41 Air conditioning units located above ground level and visible from external

properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

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CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference


Dept Main Roads 158/809/102 (3366) 19/02/2008 #1663033 Dept Natural Resources & Water

IA0208TSV0006 23/07/2008 #1774357

Queensland Transport

CRN 138 3/04/2008 #1725328

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). ADVICE 1. This approval, granted under the provisions of the Integrated Planning Act


2. Current requirements and estimates of headworks contributions may

change when elements of the Cairns City Council Priority Infrastructure Plan (PIP) are adopted.



4. This approval does not negate the requirement for compliance with all other

relevant Local Laws and other statutory requirements. 5. Supporting documentation outlining the required information for the

Dewatering Report is attached to this Development Approval. Further information can be obtained from Council’s Environmental Protection Unit on (07) 4044 3044.

carried

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CLOSED SESSION BLAKE / COCHRANE COUNCIL RESOLVE INTO CLOSED SESSION FOR THE FOLLOWING REASONS :

1. BUDGETARY MATTER - MOUNT PETER MASTER PLANNING – OUTSTANDING DEBT AND REVIEW OF MEMORANDUM OF UNDERSTANDING ............................................................................1

8/26/22-03: #1780511

2. CONTRACTUAL MATTER – PE02/2008 – PORT DOUGLAS WATERFRONT MASTER PLAN – PRINCIPAL DESIGN CONSULTANT38

Jim Allen: 8/26/25-03 #1787993 carried OUT OF CLOSED SESSION

COUNCIL RESOLVE TO MOVE OUT OF CLOSED SESSION BLAKE / COCHRANE carried RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

1. BUDGETARY MATTER - MOUNT PETER MASTER PLANNING – OUTSTANDING DEBT AND REVIEW OF MEMORANDUM OF UNDERSTANDING ............................................................................1

8/26/22-03: #1780511 GREGORY / COOPER That Council; 1. Instigates a notice to remedy breach to CEC Group Ltd and include a

statement in the notice that Council will terminate their membership of the MOU and instigate court proceedings to recover outstanding debt if full payment of $500K ($365k + $135k) or whatever the outstanding balance is at the time of issue of the notice, is not made within 14 days (from date of issue of the notice);

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2. That these actions commence immediately upon default of the payment plan

outlined in correspondence dated 15 July 2008 from CEC Group (attached to this report, pages 13 and 14);

3. Accepts amendments to the MOU (as recommended in this report) and that

the Mayor and Chief Executive Officer be delegated authority pursuant to section 472 of the Local Government Act 1993 to finalise and execute all outstanding matters relevant to the revision of the Memorandum of Understanding for Mount Peter Master Planning.

carried

2. CONTRACTUAL MATTER – PE02/2008 – PORT DOUGLAS WATERFRONT MASTER PLAN – PRINCIPAL DESIGN CONSULTANT38

Jim Allen: 8/26/25-03 #1787993 LEU / PYNE That Council award Contract PE02/2008 to Urbis for the lump sum amount of $179630 (inclusive of GST) for the Port Douglas Waterfront Master Plan Principal Master Plan Consultant and the Chief Executive Officer be delegated authority pursuant to section 472 of the Local Government Act 1993 to finalise all matters relevant to the signing and execution of the contract and negotiate and agree to any variations to conditions. carried THE MEETING CLOSED AT 11.30 am.

CONFIRMED THIS DAY OF 2008 ………………………… ………………………………………. MAYOR CHIEF EXECUTIVE OFFICER

CAIRNS REGIONAL COUNCIL MINUTES PLANNING & …

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