CASSOWARY COAST REGIONAL COUNCIL€¦ · Cr Shannon welcomed Pastor Lance Dodds of the Christian...

CASSOWARY COAST REGIONAL COUNCIL

MINUTES OF THE LOCAL GOVERNMENT MEETING HELD AT THE CHJOWAI HALL, McGOWAN DRIVE, INNISFAIL ON 10 APRIL 2008, COMMENCING AT 9.00AM PRESENT: Crs B Shannon (Mayor), R Sorbello, C Silvestro, J Downs, M Nolan, I Rule and B Horsford and Messrs M Kelleher (Acting Chief Executive Officer), S Randle (Acting Deputy Chief Executive Officer), I Adcock (Acting Director Corporate Services) (9.45am), T Rooks (Acting Director Civil Works), D Case (Acting Director Community & Environmental Services), A Raiti (Acting Director Civil Services) (10.45am), J Pettigrew (Acting Director Planning Services), D Horton (Acting Manager Planning South) and Mrs J Sorensen and Ms J Cooksley (Minutes Clerk). OPENING PRAYERS: Cr Shannon welcomed Pastor Lance Dodds of the Christian Outreach Centre, representing the Innisfail Council of Clergy, and invited Pastor Dodds to offer an opening prayer. Cr Shannon thanked Pastor Dodds for his prayers whereupon he left the meeting. Item Number 1.1 CONFIRMATION OF MINUTES – POST ELECTION MEETING, 3 APRIL 2008 Recommendation: “That the Minutes of the Post Election Meeting held on 3 April 2008 be confirmed as a true and correct record." Moved Cr I Rule

Seconded Cr C Silvestro

Resolution Number 0013 “That the Recommendation be adopted.” CARRIED

BUSINESS ARISING: ATTENDANCE BY THE MAYOR AT THE NORTH QUEENSLAND LOCAL GOVERNMENT ASSOCIATION Given his busy work schedule, Cr Shannon advised he is unsure whether he will now be available to attend the NQLGA Conference in Richmond on the 8th and 9th May 2008 with Cr J Downs. This matter to be deferred for further consideration by the Mayor.

1

Minutes of the CCRC Local Government Meeting, 10 April 2008

Item Number 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION Officer’s Recommendation: “That the application by TFA Project Group (on behalf of Woolworths Limited) relating to land located at 161 Edith Street, Innisfail and described as Lot 5 on SP146777 for: (a) Material Change of Use for a Service Station; and (b) Material Change of Use for Environmentally Relevant Activity No.

11(a) Crude Oil or Petroleum Product Storage (10,000L to 500,000L), be approved, subject to the following conditions: Cassowary Coast Regional Council Conditions: 1. Proposal: 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 in accordance with:

(a) the approved plans prepared by TFA Project Group, Project No. 06195, Drawing No. D00 to D09 dated 27/11/06 and attached as Schedule A;

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

(c) The plans, specifications, facts and circumstances as set out in the letter from Ryter Planning to Council dated 8 May 2007; and

(d) The plans, specifications, facts and circumstances as set out in the letters from TFA Project Group to Council dated 19 October 2007, 13 December 2007 and 4 March 2008,

except where modified by these conditions of approval and any consent or endorsement issued thereunder or found necessary by the Chief Executive Officer or his delegate at the time of examination of the engineering plans or during construction of the development because of a particular requirement.

2. Timing: The conditions of this development permit must be complied with prior to the commencement of the use, except where specified otherwise in these conditions of approval.

3. Lot Access: Provision of industrial inverted crossover with location and

widths in accordance with TFA Project Group Plan 06195 – D02A, Department of Main Roads conditions, the FNQROC Development Manual, and Council’s standard engineering specifications, must be constructed to the satisfaction of the Director Planning Services and at no cost to Council. The accesses must also be designed to preclude runoff from the property and this runoff is to be captured and taken underground to the kerbing.

2


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…)

Should the requirements of this condition conflict with conditions imposed by the Department of Main Roads, the conditions imposed by the Department of Main Roads will take prevail. Future maintenance of the access is the responsibility of the landowner.

4. Construction and Operations: The construction and operational work

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

5. Landscaping: Landscaping shall be provided as per TFA Project

Group Plan 06195 - D05A and in accordance with the specific outcomes/probable solutions in the Landscaping Code in the Planning Scheme.

6. Waste Bins: The waste bin area must be screened from view of

adjoining properties and roads. 7. Outstanding Rates: The applicant/owner is to ensure that all rates, interest

and other charges levied on the property are paid prior to the commencement of the use, to the requirements and satisfaction of the Chief Executive Officer.

8. Off-Street Car Parking: Provision must be made for five (5) standard and one

(1) disabled off street parking spaces and one (1) off street loading bay. The car parking spaces and loading bay and access to them must be bitumen sealed or concreted unless otherwise approved by the Director of Planning Services and must comply with the acceptable/probable solutions in the Vehicle Access, Parking and Loading Code in the Planning Scheme.

9. Public Utilities - Alterations: Any relocation or alteration to any public utilities

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

3


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) 10. Public Utilities - Existing Services: Where existing services for any lot

within the development/subdivision are contained within another lot, the Applicant/Owner shall either: (a) Relocate the services to the road area or other location as approved

by Council; 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 Commencement of use.

11. Filling and Excavation - Master Plan: Prior to submission of an application for

Operational Works approval, the Applicant/Owner must submit a Filling & Excavation Master Plan to Council for approval. The Filling & Excavation Master Plan must: (a) Detail how the Specific Outcomes of the Hazards Code and the Filling

and Excavation Code of the Planning Scheme will be achieved. (b) Comply with the objectives and design criteria of CP1 “Construction

Procedures”, DP1 “Development Principals”, D2 “Site Regrading” and D4 “Stormwater Drainage” of the FNQROC Development Manual.

(c) Be endorsed by the Director Planning Services prior to submission of

the Operational Works application. 12. Filling and Excavation - Flood Impacts Report: Prior to submission of an

application for Operational Works approval, the Applicant/Owner must submit a Filling & Excavation Flood Impacts Report to Council for approval. The Filling & Excavation Flood Impact Report must: (a) Detail how the Specific Outcomes of the Hazards Code and the Filling

and Excavation Code of the Planning Scheme will be achieved. (b) Comply with the objectives and design criteria of CP1 “Construction

Procedures”, DP1 “Development Principals”, D2 “Site Regrading Design Guideline”, D4 “Stormwater Drainage Design Guideline” and D5 “Stormwater Quality Management Design Guideline” of the FNQROC Development Manual.

(c) Be endorsed by the Director Planning Services prior to submission of

the Operational Works application.

4



A certified Flood Modelling Study (i.e. a hydraulic study and if necessary a hydrologic study), prepared by a suitably qualified and experienced engineer, must be submitted prior to any further development application. The study shall investigate the hydraulic characteristics of both the undeveloped and developed site and make comparisons between them. The study shall determine the effects of the proposed filling of the development site on the local and regional flood water depths, flows and velocities for the different flood events up to and including a regional 100 Year ARI flood event and shall demonstrate how the development complies with the Filling and Excavation Code and the Hazard Codes of the Johnstone Shire Planning Scheme.

The proposed development is in a flood affected area and shall be tested for: (a) The 50%, 20%, 10%, 5%, 2% and 1% annual exceedance probability

(AEP) for local events; (b) The 5%, 2% and 1% AEP floods and designated flood and design flood

AEP for Riverine flood events; and (c) Any resultant afflux or increase in flood velocities sufficient to cause real

damage to premises. The Assessment Manager will also require the development to be assessed against rarer floods.

The Assessment Manager may decide that a hydraulic and/or hydrologic study is not necessary if in the Assessment Manager’s opinion: (a) A relevant study, that is not outdated, demonstrates there are no

significant impacts that were not covered in the relevant study; and (b) The flooding impact of the approval, in relation to the development, is

minor. 13. Filling of Land - General: Filling of land shall be designed and undertaken

in accordance with the FNQROC Development Manual - CP1 “Construction Procedures”, DP1 “Development Principals”, D2 “Site Regrading” and D4 “Stormwater Drainage” and S1 “Earthworks Specification” and the acceptable/probable solutions of the Hazards Code - Flooding and the Filling and Excavation Code of the Planning Scheme.

14. Filling of Land - Compaction: All fill placed on allotments must be placed in

layers not exceeding 200mm depth and compacted to minimum 95% standard compaction. Compaction tests must be carried out at the rate of 1 test per 200m3 (or 1 per 1000m2 per layer).

5


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) 15. Erosion and Sediment Control Strategy: Effective erosion and sediment

controls must be maintained at all times during the construction and defect liability phases in accordance with the approved Erosion and Sediment Control Strategy (ESCS). The Applicant/Owner shall prepare and submit an Erosion and Sediment Control Strategy (ESCS) to Council for approval prior to the issue of a Development Permit for Operational Works. The ESCS must be prepared and submitted in accordance with the requirements of the FNQROC Development Manual, in particular AP1 – Application Procedures, CP1 Construction Procedures and D5 – Stormwater Quality Management. The design and construction of operational works for the proposed development/subdivision must comply with the approved Erosion and Sediment Control Strategy (ESCS).

16. Erosion and Sediment Control - Construction: Effective erosion and sediment controls must be maintained at all times during the construction and defect liability phases in accordance with the approved Erosion and Sediment Control Strategy (ESCS). The Contractor must prepare an Erosion and Sediment Control Plan (ESCP) in accordance with the FNQROC Development Manual - CP1 Construction Procedures. The ESCP must be reviewed and approved by the Engineer prior to the pre-start meeting. A copy of the approved ESCP is to be issued to the Council representatives at the pre-start meeting. The design and construction of operational works for the proposed development/subdivision must comply with the approved Erosion & Sediment Control Strategy (ESCS) and the Erosion & Sediment Control Plan (ESCP).

17. Works - Internal: The Applicant/Owner must, at no cost to Council,

provide the following works internal to the subject land:

(a) Internal Traffic Areas – All trafficable areas are to be concrete paved. These areas are also to be designed as such to preclude any run-off from being directed to the kerbing in Edith Street. The run-off is to be captured and directed for treatment at/to the site's water quality devices. All works associated with this will be at the cost of the applicant and at no cost to Council.

18. Road Works - External: The Applicant/Owner must, at no cost to Council,

provide the following works external to the subject land:

6



(a) Footpath – A 2.0 metre minimum width footpath is to be constructed along the full frontage of the development. The alignment and location of such a footpath will be as per Council’s FNQROC Development Manual requirements and to the satisfaction of the Director Planning Services.

(b) Kerbing – If as a result of the construction of the inverted accesses, the

kerb and channel is required to be replaced then the applicant will also replace all kerbing along the frontage of the property and make good the Edith Street pavement formation and surfacing. All works associated with this will be at the cost of the applicant and at no cost to Council or the Department of Main Roads.

19. Retaining Walls: Prior to the issue of a Development Permit for carrying

out Operational Works, the Applicant/Owner shall lodge a geotechnical report and engineering certification of the retaining wall design. All retaining structures shall comply with the following requirements:

(a) Retaining Structures shall not exceed one (1) metre in height, unless otherwise approved by Council.

(b) Retaining structures shall not encroach within the proposed dedicated road reserve or open public space. The retaining structures shall be within the proposed residential boundaries.

(c) Retaining structure footings shall be constructed clear of underground services such as sewer pipes, stormwater drainage pipes and water reticulation pipes. The minimum horizontal clearance between any adjacent sewer line and the outermost edge of the retaining wall structure shall be 800mm (refer D2.13 Retaining Walls of FNQROC Development Manual). The retaining wall and footings shall be designed and located to ensure that no imposed loads are applied on existing and/or future underground utilities and services within the property, road area or public open space, (i.e. the structure should be designed such that its “zone of influence” does not impact on adjacent existing and/or future services and underground utilities).

(d) Retaining structure should generally be located on the ‘low side’ lot (property) and positioned such that the property boundary is setback a minimum distance of 0.6 metres from the top of the rear of the retaining structure. However, in the case where the proposed subdivision/development is on the high side of an existing property not the subject of the application or the new lot is on the high side of a park (existing or proposed), the retaining structure and associated footings should be located within the ‘high side’ lot unless otherwise approved by Council.

7



(e) The detailed drawings shall indicate the inclusion of sub soil drains and the point of discharge for surface and sub soil drainage behind the structure.

(f) Retaining structures shall be made of durable materials not subject to rot and insect attack and shall have a minimum design life of 60 years.

(g) Retaining structures that interact with noise attenuation barriers or approved fencing shall be structurally designed in conjunction with the noise attenuation barrier or approved fencing. All retaining walls shall be designed in accordance with AS4678; additional reference may need to be made to either AS3600 or AS3700. The detailed drawings and design calculations for the retaining structures shall include the superimposed wind loading from the noise attenuation fence or approved fencing.

(h) The construction of retaining structures over one (1) metre high must comply with Council’s Planning Scheme in particular the requirements of the Standard Building Regulations.

(i) The development/subdivision work must ensure a long-term factor of safety greater than or equal to 1.5 for all retaining structures.

All works must be constructed in accordance with the Development Permit for Operational Works, the approved the approved plan and the FNQROC Development Manual to the requirements and satisfaction of the Director Planning Services prior to commencement of use.

20. Stormwater Discharge: The applicant must provide Council with a

proposed “Point of Lawful Discharge to Stormwater”. Such location(s) must be chosen to fulfil the following criteria:-

(a) The location of the discharge is indeed lawful (i.e. the location of

discharge is under the lawful control of the Local Authority or other statutory authority from whom permission to discharge has been received and includes publicly controlled land, drainage reserve, or a watercourse under the Water Act).

(b) That in discharging at the location, the discharge will not cause an

actionable nuisance (i.e. a nuisance for which a current or future downstream or upstream property owner may bring an action or claim for damages arising out of the nuisance). In general terms, this implies a “no-worsening” situation as a result of the discharge.

21. Crime Prevention: The Applicant/Owner must ensure that the

proposed use incorporates measures to ensure compliance with probable solutions P1 and P4 to P11 of the Crime Prevention Code.

8


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) 22. Compliance Check: The applicant must return to Council the attached

Notification of Intention to Commence Use after development conditions have been satisfied eg. building works, car parking, landscaping, access - and prior to the commencement of the use. This will allow a check for compliance with conditions to be carried out by staff.

23. General Conditions: The following conditions must be observed at all times:

(a) No further expansion of the use of the site is to be undertaken unless Council's approval is granted to a further application for Impact Assessment.

(b) The use must be carried out in compliance with relevant Acts, Regulations and Council Local Laws which apply to the approved use.

(c) Landscaping must be maintained and refurbished as necessary for the period of the approved use.

(d) Off street car parking spaces shall be maintained and clearly delineated at all times during business hours.

Environmental Conditions: This Development Approval consists of the following schedules- Schedule A General Conditions Schedule B Air Schedule C Water Schedule D Stormwater Management Schedule E Land Application Schedule F Noise Schedule G Waste Management Schedule H Self Monitoring and Reporting Schedule I Approved Documents Schedule J Definitions SCHEDULE A - GENERAL CONDITIONS Commencement of Activity (A1) The holder of this Development Approval must ensure that a final inspection

is conducted by an Authorised Officer of the Administrative Authority and that a compliance level is achieved, prior to the activity commencing.

9


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) Compliance with Development Approval (A2) Contaminants must not be released to the environment other than in accordance with this Development Approval.

(A3) The holder of this Development Approval must:

(a) install and operate all works and control equipment, and (b) take all measures, perform all acts and do all things,

necessary to ensure compliance with the conditions of this Development Approval.

Display of Development Approval (A4) A copy of this Development Approval must be kept in a location readily

accessible to personnel carrying out the activity.

Records (A5) Any record required to be kept by a condition of this Development Approval

must be kept at the licensed place and be available for examination by an authorised person.

(A6) Copies of any record required to be kept by a condition of this Development

Approval must be provided to any authorised person or the Administering Authority on request.

Alterations (A7) No change, replacement or operation of any plant or equipment is permitted if

the change, alteration or operation of the plant or equipment increases, or is likely to substantially increase, the risk of environmental harm or environmental nuisance.

SCHEDULE B- AIR (B1) Except as otherwise provided by the conditions of the air schedule of this

Development Approval the environmentally relevant activity/activities must be carried out by such practicable means necessary to prevent or minimise the release or likelihood of release of contaminants to the atmosphere.

10


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) Noxious or Offensive Odour (B2) Notwithstanding any other condition of this Development Approval, no odour

determined to be noxious or offensive by an authorised person is to be released beyond the boundaries of the licensed place.

Nuisance (B3) No release of contaminants, including but not limited to odour, dust, smoke,

fume, particulate, and aerosols is to cause or be likely to cause an environmental nuisance beyond the boundaries of the licensed place.

SCHEDULE C - WATER Release of Contaminants to Waters (C1) Except as otherwise provided by the conditions of the water schedule of this

Development Approval the environmentally relevant activity/activities must be carried out by such practicable means necessary to prevent or minimise the release or likelihood of release of contaminants to waters.

(C2) Contaminants must not be directly or indirectly released from the licensed

place to any waters or the bed and banks of any waters except as permitted under the water schedule or the stormwater management schedule or to a sewer unless permitted by the Johnstone Shire Council in accordance with it’s Trade Waste Policy.

(C3) All rainfall contacting forecourt areas that could be contaminated by fuel

dispensing or spills is to be diverted to an approved pre-treatment system prior to discharge to an approved stormwater discharge point. Under no circumstances is the said treatment system to discharge to Council's sewer system.

SCHEDULE D -STORMWATER MANAGEMENT Contaminant Releases Caused by Rainfall (D1) Except as provided by the conditions of the stormwater management schedule

and the water schedule of this Development Approval, the environmentally relevant activities must be carried out by such practicable means necessary to prevent or minimise the contact of incident rainfall and stormwater runoff with wastes or other contaminants, and prevent or minimise the release or likelihood of release of any such contaminated runoff from the licensed place.

11


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) Waste Storage and Handling Conditions (D2) All bunding must be constructed of materials which are impervious to the

materials stored. (D3) All bunding must be roofed where practicable. (D4) Drum storage of waste or processed materials must be within roofed areas

provided with impervious bunding. (D5) All storages of raw waste or processed materials must be sealed or covered to

prevent loss of contents or exposure of the contents to the atmosphere. (D6) The base and walls of all bunded areas must be maintained free from gaps or

cracks. (D7) Where it is impractical to completely roof a bunded area the holder of this

Development Approval must ensure that any stormwater captured within the bund is free from contaminants or wastes prior to any release.

(D8) A collection sump must be provided in the floor of any bunding to facilitate the

removal of liquids. The bund floor must be graded so that the fall is towards the collection sump.

SCHEDULE E- LAND APPLICATION Release of Contaminants to Land (E1) Except as otherwise provided by the conditions of the land application schedule

of this Development Approval the environmentally relevant activities must be carried out by such practicable means necessary to prevent or minimise the release or likelihood of release of contaminants to land.

SCHEDULE F - NOISE Emission of Noise (F1) Except as otherwise provided by the conditions of the noise schedule of this

Development Approval the environmentally relevant activities must be carried out by such practicable means necessary to prevent or minimise the emission or likelihood of emission of noise.

(F2) The emission of noise from the licensed place must not result in levels greater

than those specified in Table 1 of the Noise Schedule.

12


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) SCHEDULE F TABLE 1 NOISE LIMITS AT A NOISE SENSITIVE PLACE Period Noise Level at a Noise Sensitive Place

Measured as the Adjusted Maximum Sound Pressure Level LAmax adj, T

7 am - 6 pm

Background noise level plus 5 dB(A)

6 pm - 10 pm


10 pm - 7 am


NOISE LIMITS AT A COMMERCIAL PLACE Period Noise Level at a Commercial Place measured

as the Adjusted Maximum Sound Pressure Level LAmax adj, T

7 am - 6 pm


6 pm - 10 pm


10 pm - 7 am


SCHEDULE G - WASTE MANAGEMENT General (G1) Waste must not be released to the environment, stored, transferred or

disposed contrary to any condition of this Development Approval. (G2) Waste must not be burnt or allowed to burn on the licensed site or removed

and burnt elsewhere unless specifically permitted by a Development Approval. (G3) Records of trade waste agreements must be made available for inspection on

request. (G4) An area must be set aside for the segregation and storage of recyclable solid

wastes. (G5) Where a no-cost recycling service is available, recyclable waste must not be

deposited in the general waste stream.

13


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) Waste Storage and Handling Conditions (G6) Drum storage of waste or processed materials must be within roofed areas

provided with impervious concrete bases and bund walls. (G7) All storages of raw waste or processed materials must be sealed or covered to

prevent loss of contents or exposure of the contents to the atmosphere. (G8) The base and walls of all bunded areas must be maintained free from gaps or

cracks. (G9) All loading/unloading of bulk materials must take place only within designated

vehicle loading/unloading areas. Off Site Movement (G10) Where regulated waste is removed from the licensed place (other than by a

release as permitted under another schedule of this Development Approval), the holder of this Development Approval must monitor and record the following: (a) the date, quantity and type of waste removed; and (b) name of the waste transporter and/or disposal operator that removed

the waste; and (c) the intended treatment/disposal destination of the waste. (NOTE: Records of documents maintained in compliance with a waste tracking system established under the Environmental Protection Act 1994 or any other law for regulated waste will be deemed to satisfy this condition).

(G11) Regulated waste must not be sent for disposal at any facility without the

written approval of the person operating that facility. Records (G12) Records must be maintained for a period of 5 years for all wastes mentioned

in this schedule.

14


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) Notification of Improper Disposal of Regulated Waste (G13) If the holder of this Development Approval becomes aware that a person has

removed waste from the licensed place and disposed of the waste in a manner which is not authorised by this Development Approval or improper or unlawful, then the holder of this Development Approval must, as soon as practicable, notify the administering authority of all relevant facts, matters and circumstances known concerning the disposal.

(G14) The holder of this Development Approval must comply with the provisions of

the “Building, (Flammable and Combustible Liquids) Regulation 1994” and applicable Australian standards.

(G15) The holder of this Development Approval licensee must comply with the

Contaminated Land Act. (G16) The holder of this Development Approval licensee must notify the Chief

Executive of the Contaminated Land Unit within thirty days of any contamination or likely contamination.

(G17) All trafficable areas must be sealed with asphalt or cement so as to prevent

the ingress of spilled waste to the soil. SCHEDULE H - SELF MONITORING AND REPORTING Complaint Recording (H1) All complaints received by the holder of this Development Approval relating to

operations at the licensed place must be recorded in a log book with the following details:

(i) time and date of complaint; (ii) type of communication (telephone, letter, personal etc.); (iii) name, contact address and contact telephone number of complainant (Note: if the complainant does not wish to be identified then “Not identified” is to be recorded); (iv) response and investigation undertaken as a result of the complaint; (v) name of person responsible for investigating complaint; and (vi) action taken as a result of the complaint investigation and signature of responsible person.

(H2) The complaints record required by condition number H1 must be maintained

for a period of not less than 5 years.

15


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) Notification of Emergencies and Incidents (H3) As soon as practicable after becoming aware of any emergency or incident

which results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this Development Approval, the holder of this Development Approval must notify the administering authority of the release by telephone or facsimile.

(H4) The notification emergencies or incidents as required by condition number H3

must include but not be limited to the following:

(i) The holder of the Development Approval; (ii) the location of the emergency or incident; (iii) the number of the Development Approval; (iv) the Name and telephone number of the designated contact person; (iv) the time of the release; (v) the time the holder of the Development Approval became aware of

the release; (vi) the suspected cause of the release; (vii) the environmental harm and or environmental nuisance caused, threatened, or suspected to be caused by the release; and (viii) actions taken to prevent further any release and mitigate any environmental harm and or environmental nuisance caused by the release.

(H5) Not more than 14 days following the initial notification of an emergency or

incident, the holder of the Development Approval must provide written advice of the information supplied in accordance with condition number H4 in addition to:

(i) proposed actions to prevent a recurrence of the emergency or

incident; (ii) outcomes of actions taken at the time to prevent or minimise

environmental harm and or environmental nuisance, and (iii) the results of any environmental monitoring performed.

SCHEDULE J - DEFINITIONS (J1) For the purposes of this Development Approval any term not otherwise

defined in the Act and any subordinate legislation made pursuant to the Act or in the Definitions Schedule of this Development Approval has the meaning conferred to that term in its common usage.

16


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) (J2) In the event of any inconsistency arising between the meaning of any term

provided in the Definitions Schedule of this Development Approval and any common usage of that term, the meaning conferred in the Definitions Schedule of this Development Approval prevails.

For the purposes of this Development Approval the following definitions apply: (J3) “Act” means the Environmental Protection Act 1994. (J4) “Administering Authority” means the Cassowary Coast Regional Council (J5) “Land” means land excluding waters and the atmosphere. Noise Definitions (J6) “LAmax adj, T “ means the average maximum A-weighted sound pressure level,

adjusted for noise character and measured over a time period of not less than 15 minutes, using Fast response.

(J7) “Background noise level” means either: LA90, T being the A-weighted sound pressure level exceeded for 90 percent of

the time period not less than 15 minutes, using Fast response, or LAbg, T being the arithmetic average of the minimum readings measured in the

absence of the noise under investigation during a representative time period of not less than 15 minutes, using Fast response.

(J8) “MaxLpA T” means the maximum A-weighted sound pressure level measured over a time period of not less than 15 minutes, using Fast response. Department of Main Roads (Concurrence Agency) Conditions: A. CONDITIONS OF DEVELOPMENT Pursuant to the Integrated Planning Act 1997, the Queensland Department of Main Roads, as a Concurrence Agency, has assessed the impact of the proposed development on the State-controlled road network and requires that Council include the following conditions of development for the subject application:

17


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) 1. Permitted Road Access Location

(i) Vehicular access between the State-controlled road (i.e. Bruce Highway) and the subject land shall be via: • an ingress only driveway located near the western side boundary, and • an egress only driveway located about 10m from the eastern side

boundary, with both driveways restricted to left-in/ left-out traffic movements. Existing vehicular accesses between the State-controlled road (i.e. Bruce Highway) and the subject land shall be permanently closed.

(ii) No additional direct vehicular access between the State-controlled road (i.e.

Bruce Highway) and the subject land is permitted.

2. Road Access Works

(i) Road access works at the permitted road access locations are required and shall be constructed in accordance with: • the Department of Main Roads Road Planning and Design Manual

and; • current Department of Main Roads standards.

A recent site inspection indicates that the required road access works are: • 2 industrial crossings from the kerb and channel alignment to the

property frontage of minimum 8m width at the frontage. The crossings shall be of adequate width to cover the full wheel paths of refuelling tankers;

• removal of existing access driveways and reinstatement of vertical kerb, footpath and landscaping to match existing treatments;

• installation of a No Right Turn sign at the front boundary of the

subject land adjoining the egress driveway, and

18



• removal of existing kerbside parallel parking bays markings and mark new kerbside parallel parking bays between the 2 access driveways.

(ii) The applicant/landowner shall write to the Cairns Office of the

Department of Main Roads to obtain the necessary plans, forms and approvals for road access works prior to commencing onsite works within the State-controlled road reserve (i.e. Bruce Highway)

(iii) All required road access works shall be completed to the satisfaction of

the Director-General of the Department of Main Roads prior to the commencement of the approved use.

3. Visual Amenity Treatments

The applicant/ landowner shall provide a minimum 1m wide landscaped strip along the subject land's frontage to the Bruce Highway, except for the access driveways, to screen the onsite vehicular circulation. The landscaping shall be designed and planted such that when the landscaping matures, it provides a minimum 1m high screening and complementary screen trees approximately 6m tall at 7m spacings.

The species of plants used in the landscaping works shall be in accordance with Council's standards. If Council does not have standards, then the only requirements are that the species are native, low maintenance species that are effective at providing the necessary screening specified above and do not create a safety risk (i.e. no thorns, poisonous fruits or berries or large nuts).

All landscaping works shall be completed prior to the commencement of the approved use, to the satisfaction of the Director-General of the Department of Main Roads and the Cassowary Coast Regional Council.

4. Advertising No advertising device for the proposed development is permitted within the

Bruce Highway road reserve. 5. Parking When calculating carparking requirements associated with the proposed

development, no parking is permitted within the Bruce Highway road reserve.

19


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) Reasons The reasons and information used in the setting of conditions detailed above include:

• Department of Main Roads Access Policy, • Department of Main Roads Involvement in Development Applications Referrals

and Assessment Guide, and • The Johnstone Shire Planning Scheme. B. GENERAL DISCUSSION

Council is requested to reflect the above conditions on its Rates Record, to ensure that the planning intentions of the conditions are secured.

Cassowary Coast Regional Council Advice: 1) Currency Period: This approval, granted under the provisions of the

Integrated Planning Act 1997, must cease and determine at the completion of the ‘Relevant Period’ stated below from the date on which the approval takes effect unless the use is substantially commenced and all conditions complied with to the satisfaction of the Chief Executive Officer before that date.

the relevant periods stated in section 3.5.21 of the Integrated Planning Act 1997 (IPA) apply to each aspect of development in this approval, as outlined below-

material change of use - 4 years;

reconfiguring a lot not requiring operational works - 2 years;

reconfiguring a lot requiring operational works - 4 years;

any other development not listed above - 2 years.

If there are 1 or more subsequent related approvals1 for a development approval for a material change of use or a reconfiguration, the relevant period for the approval will be taken to have started on the day the latest related approval takes effect.

2) Council Indemnity: The Council is indemnified against any claims arising from works carried out by the Applicant/Owner on Council property.

1 For the meaning of ‘related approval’, refer to section 3.5.21(7) of IPA

20


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) 3) Aboriginal Cultural Heritage: The Applicant/Owner is to ensure

compliance with the requirements of the Aboriginal Cultural Heritage Act and in particular ‘the duty of care’ that it imposes all landowners, developers and the like.

4) Portable Long Service Leave: From 1st January 2000, the Building and

Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit where one is required for the ‘Building and Construction Industry’. This applies to Building Works, Operational Works and Plumbing and Drainage Works applications, as defined under the Integrated Planning Act 1997, where the works are $80,000 or more and matching the definition of ‘Building and Construction Industry’ under the Building and Construction Industry (Portable Long Service Leave) Act 1991.

Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. Should you require clarification in regard to the amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6811.

5) Compliance with Laws: This approval does not negate the requirement

for compliance with all other relevant local laws and other statutory requirements.

6) Filling and Excavation of Land:

The 2002 Flood Study indicates that the site is subject to flooding and is located in an area of High Flooding Hazard. The filling of the land shall not have a detrimental impact on other properties in relation to flood water depths, and shall not lead to some claim (current or future) for damages to surrounding properties. In general terms, this implies “no worsening” of flood water depths on other properties. Council adopted the Johnstone River Flood Study by consultant BMT WBM Pty Ltd. BMT WBM Pty Ltd (Melbourne Office) also developed a flood model, which can be used to model the impacts of the proposed development. The costs associated with this report shall be borne by the developer and at no cost to Council. The Applicant will be required to fund the cost of all internal and external flood mitigation works to allow the development to meet the requirements of the Planning Scheme and at no cost to Council.

21


Item Number: 2.1 MCU-391/4 (CCRC-04/08): DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION (Cont’d…) 7) Acid Sulphate Soils:

A good portion of the natural ground level of the proposed development land is below 5m AHD and given that construction will involve the excavation of material, particularly for fuel tanks and storage, filling to trafficable areas, and building pads, site specific information regarding Acid Sulphate Soils is required under State Planning Policy SPP 2/02.

8) Further approvals required: The applicant must obtain a Development

Permit for operational works and building work prior to commencement of the approved use.

9) Advertising Devices: The applicant must obtain an Operational Works

Permit and Building Permit for erection of the proposed signage. Further information is available from Council's Planning Services Department.

10) Notifiable Activity: The activity applied for is a Notifiable Activity

under the Environmental Protection Act 1994 as follows:

29 Petroleum product or oil storage-storing petroleum products or oil-

(a) in underground tanks with more than 200L capacity; or

(b) in above ground tanks with-

(i) for petroleum products or oil in class 3 in packaging groups 1 and 2 of the dangerous goods code-more than 2500L capacity; or

(ii) for petroleum products or oil in class 3 in packaging groups 3 of the dangerous goods code-more than 5000L capacity; or

(iii) for petroleum products that are combustible liquids in class C1 or C2 in Australian Standard AS1940, ‘The storage and handling of flammable and combustible liquids’ published by Standards Australia-more than 25000L capacity.

Please ensure that notification of this activity (on the approved form available on the Environmental Protection Agency Website) is provided to the Contaminated Land Unit, Environmental Protection Agency, Brisbane.

Moved Cr M Nolan

Seconded Cr I Rule

Resolution Number 0014 “That the Officer’s Recommendation be adopted.” CARRIED

22


Item Number: 2.2 D/A 067/07 (CCRC-05/08) – PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME FOR MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) FOR THE USE RIGHTS CONSISTENT WITH THE RESIDENTIAL/RURAL ZONE AND DEVELOPMENT PERMIT FOR RECONFIGURATION OF A LOT (ONE (1) LOT INTO FORTY-ONE (41) LOTS) Officer’s Recommendation: “That a Preliminary Approval overriding the Planning Scheme for Material Change of Use for Use Rights consistent with the Residential Rural Zone and Development Permit for Reconfiguring a Lot (One (1) Lot into Forty One (41) Lots be issued, on land located at 651 Old Tully Road, Feluga and described as Lot 147 on CWL596, Parish of Rockingham, subject to the following conditions:

1. That the development be undertaken generally in accordance with the application, documentation prepared by Conics Pty Ltd, and Drawing No. 86-062/55 received on 22 February 2008, all relating to the development application No. 067/07, excepting where varied by the following conditions.

2. The applicant/owner is to register an environmental covenant

(Total Buffer Area – Building Exclusion Zone) with a width of 40 metres, over lots 1-14 (inclusive) and lots 17 & 18 as identified on Drawing No. 86-062/55, received by Council on 22 February 2008 and prepared by Conics Pty Ltd. The covenant is to restrict vegetation clearing, earthworks and construction of any type of building or structure within the area subject to the covenant. The 20 metre vegetated buffer is to be maintained at all times to the requirements and satisfaction of the Chief Executive Officer. The covenant is to be endorsed by the Chief Executive Officer, prior to the signing of the plan of survey and registered with the Department of Natural Resources, Mines and Water.

3. The applicant/owner is to vegetate a 20m Vegetation Buffer Area

as per Drawing No. 86-062/55 received by Council on 22 February 2008. The plantings are to be located at a distance of one (1) metre apart or as recommended for the type of species to be used.

A species schedule is to be submitted to Council and endorsed by the Chief Executive Officer prior to the plantings occurring. These vegetation works are to be carried out to the satisfaction of the Chief Executive Officer prior to the signing of the plan of survey.

23


Item Number: 2.2 D/A 067/07 (CCRC-05/08) – PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME FOR MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) FOR THE USE RIGHTS CONSISTENT WITH THE RESIDENTIAL/RURAL ZONE AND DEVELOPMENT PERMIT FOR RECONFIGURATION OF A LOT (ONE (1) LOT INTO FORTY-ONE (41) LOTS) (Cont’d…) 4. The applicant/owner is to lodge a monetary bond with Council to

ensure that plant growth of the revegetation works within the 20m Vegetation Buffer Area as per Drawing No. 86-062/55 is achieved to the satisfaction of the Chief Executive Officer. The bond is to be lodged prior to approval and dating of the plan of survey and is to be of an amount that represents 1.5 times the value of the revegetation works. Council will carry out an inspection 12 months following the lodging of the bond to determine if an eighty percent (80%) plant survival rate has been achieved. If this has been achieved the bond will be refunded.

5. The applicant/owner must contribute in accordance with Council’s

Headwork Contribution Policy 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 headwork contribution is $104,550 (41 EDCs) for water. The contribution shall be paid prior to the signing of the Plan of Survey, to the requirements and satisfaction of the Chief Executive Officer.

6. The applicant/owner must design and install adequate water

reticulation, including all necessary hydrants, valves etc and connecting to existing Council water mains. The water reticulation shall include the provision of connection points to each individual allotment to enable Council officers to install water meters and supply water to each allotment on request.

Three (3) copies of the plan of 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, prior to the signing of the Plan of Survey, to the requirements and satisfaction of the Chief Executive Officer.

24


Item Number: 2.2 D/A 067/07 (CCRC-05/08) – PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME FOR MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) FOR THE USE RIGHTS CONSISTENT WITH THE RESIDENTIAL/RURAL ZONE AND DEVELOPMENT PERMIT FOR RECONFIGURATION OF A LOT (ONE (1) LOT INTO FORTY-ONE (41) LOTS) (Cont’d…) 7. The applicant/owner must provide a standard water connection to

each of the proposed lots by the payment of Council’s water supply connection fee (covers supply and installation of water meter only). The fee is to be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated connection fee for water supply is $9,430 (41 lots x $230). The fee shall be paid prior to the endorsement of the Plan of Survey, to the requirements and satisfaction of the Chief Executive Officer.

8. The applicant/owner must engage a suitably qualified professional

person to demonstrate how the development complies with relevant legislation for on-site sewerage treatment systems. On-site sewerage disposal ‘envelopes’ must be provided on a plan of the development, showing how the allotment can physically provide the necessary areas and comply with the required setback for on-site disposal of sewerage. The plan must be accompanied by a report, inclusive of supporting calculations and site investigations and provide a recommended method and location of facilities. The plan and report must be received and endorsed by the Chief Executive Officer prior to the endorsement of the Plan of Survey.

9. The applicant/owner must contribute towards open space and

recreation facilities in accordance with Council’s Open Space Policy. The contribution rate is that current at the time of payment. On the present method of calculation, the estimated park contribution is $82,000 (41 lots x $2,000). The contribution is required to be paid prior to the signing of the Plan of Survey, to the requirements and satisfaction of the Chief Executive Officer.

10. The proposed new roads must be designed and constructed to the

requirements of FNQROC Development Manual and to the satisfaction of the Chief Executive Officer and is to include a full width gravel pavement and seal and necessary stormwater drainage. In particular, adequate access for service vehicles, including at least one turning circle for such vehicles at the end of the road reserve must be provided.

25


Item Number: 2.2 D/A 067/07 (CCRC-05/08) – PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME FOR MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) FOR THE USE RIGHTS CONSISTENT WITH THE RESIDENTIAL/RURAL ZONE AND DEVELOPMENT PERMIT FOR RECONFIGURATION OF A LOT (ONE (1) LOT INTO FORTY-ONE (41) LOTS) (Cont’d…)

Plans of the works must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Operational Works. Such works must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the signing of the Plan of Survey.

11. Three (3) copies of soil and water (erosion control) plans must be

submitted to Council prior to the issue of a development permit for operational works. All works must be carried out in accordance with the approved plan, to the requirements and satisfaction of the Chief Executive Officer prior to the endorsement of the Plan of Survey.

12. Stormwater drainage systems, including underground piping, must

be designed and constructed to ensure that the flow of all stormwater is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development. Three (3) copies of the plan of the works must be submitted to Council prior to the issue of a development permit for carrying out operational works. All works must be carried out in accordance with the approved plan, to the requirements and satisfaction of the Chief Executive Officer prior to the endorsement of the Plan of Survey.

13. The applicant/owner must comply with standard specifications for

cane railway crossing to the requirements and satisfaction of Tully Sugar Limited. Council requires three (3) copies of the plan of works for the railway crossing endorsed by Tully Sugar Limited prior to the issue of a development permit for carrying out Operational Works. All works must be carried out in accordance with the approved plan, to the requirements and satisfaction of the Chief Executive Officer prior to the endorsement of the Plan of Survey.

14. All rates, interest and other charges levied on the property are to

be paid prior to the signing of the plan of survey, to the requirements and satisfaction of the Chief Executive Officer.

15. The parcel of land is to be cleared of all noxious weeds, to the

requirements and satisfaction of the Chief Executive Officer, prior to the signing of the Plan of Survey.

26


Item Number: 2.2 D/A 067/07 (CCRC-05/08) – PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME FOR MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) FOR THE USE RIGHTS CONSISTENT WITH THE RESIDENTIAL/RURAL ZONE AND DEVELOPMENT PERMIT FOR RECONFIGURATION OF A LOT (ONE (1) LOT INTO FORTY-ONE (41) LOTS) (Cont’d…) 16. Two (2) Permanent Survey Marks are to be installed at locations

approved by the Chief Executive Officer, and in accordance with The Survey Co-Ordination Act of 1952-1989. Permanent Mark Sketch Plans provided to The Department of Natural Resources and Mines and Council for such Permanent Survey Marks shall be complete with vertical control data for Australian Height Datum and horizontal control data for Geographic Datum of Australia 1994.

17. All existing survey marks are to be reinstated, new survey marks

are installed in accordance with the plan of survey, and a cadastral surveyor is to certify the survey work in writing, to the requirements and satisfaction of the Chief Executive Officer, prior to the endorsement of the Plan of Survey.

18. The applicant/owner must provide written evidence of

negotiations with the electricity supply and telecommunications authorities detailing that the services will be provided to the development, prior to approval and dating of the plan of survey, to the requirements and satisfaction of the Chief Executive Officer.

19. Prior to the issue of a Development Permit for Operational Works

it is necessary for the applicant/owner to provide a report to Council to demonstrate that the proposed development adequately addresses bushfire risk as required by State Planning Policy SPP1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide as the site is identified as being in a medium bushfire risk area as identified on mapping prepared by Queensland Fire and Rescue Service.

Advice to Applicant

a) The applicant/owner be requested to investigate the provision of a connecting footpath from the constructed new road to Stuart Drive. This is to give future residents the opportunity to use the open space facilities near Monica Drive.

b) The relevant period for the development approval (reconfiguration of a lot) shall be two (2) years starting the day the approval is granted or takes effect. In accordance with Section 3.5.21(2) of IPA, the development approval for a reconfiguration of a lot lapses if a plan for the reconfiguration is not given to Council under Section 3.7.2(2) within the abovementioned relevant period.

27



An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 3.5.22 of IPA and before the development approval lapses under Section 3.5.21of IPA.

c) The applicant/owner is to ensure compliance with the requirements of the Aboriginal Cultural Heritage Act and in particular ‘the duty of care’ that it imposes all landowners, developers and the like.

d) The applicant/owner is to ensure that any engineering works involved in the proposed development are designed and constructed in accordance with the FNQROC Development Manual, 2005.

e) When the plan of subdivision for the reconfiguring of a lot is submitted to Council for endorsement, such plan shall be accompanied by the endorsement fee in accordance with Council’s Schedule of Fees and Charges.

f) Environmental Protection Agency: Water sensitive design: The proposal presents an opportunity to construct

water sensitive design practices. References should be made to: (i) Water Sensitive Urban Design. Technical Guidelines for SEQ; (ii) Australian Runoff Quality. A guide to Water Sensitive Urban Design. Engineers Australia; and (iii) Queensland Urban Design Manual.

Stormwater, sediment and erosion control: Operational works permits will

require a detailed plan of sediment, erosion and stormwater control measures, including timing of construction. Mechanisms should be described to demonstrate how stormwater discharge will comply with ANZECC guidelines

g) Department of Emergency Services:

DES recommends consultation with regional representatives from three response agencies within this department, being Queensland Fire and Rescue Service, Queensland Ambulance Service and Emergency Management Queensland. Issues of primary concern are site access (ingress & egress) and storage location of hazardous materials onsite during and after construction. Consultation is preferred prior to construction to prevent response complications in the future.

28



Moved Cr C Silvestro

Seconded Cr M Nolan

Resolution Number C0015 “That the Officer’s Recommendation be adopted.” CARRIED

Item Number: 2.3 D/A 407/07 (CCRC-06/08) – DEVELOPMENT PERMIT FOR RECONFIGURATION OF A LOT (BOUNDARY REALIGNMENT OF FIVE (5) LOTS) Officer’s Recommendation: “That the application for a Reconfiguration of a Lot (Boundary Realignment of five (5) lots) described as Lot 165 on SP125439, Lot 162 on CWL582, Lot 1 on RP730060, Lot 98 on CWL2079 and Lot 298 on CWL741; Parish of Rockingham, be refused on the following grounds: 1. The proposed development is not a reconfiguration sought for, or

supported within the Rural Zone. This ground is supported by: a) Purpose Statement of the Rural Code, which states, in part, that:

The outcomes sought are:

• ‘The protection of GQAL’

• ‘A reduction in the fragmentation of rural lands and loss of land

to rural production so as to ensure that: - farming flexibility is retained; - conflicts between farming and urban uses do not arise; - the long term viability of agri-business (eg. sugar mill) are

not prejudiced; and - inefficient forms of urban development do not occur that lead

to increased infrastructure and service costs.

29


Item Number: 2.3 D/A 407/07 (CCRC-06/08) – DEVELOPMENT PERMIT FOR RECONFIGURATION OF A LOT (BOUNDARY REALIGNMENT OF FIVE (5) LOTS)

• The effective separation of agricultural uses and non-agricultural uses in order to avoid use conflict and ensure that an appropriate level of amenity is achieved.

• Maintenance of the rural amenity and character of existing rural

areas that is dominated by extensive areas of rural production.

• Land in the Rural Zone is not reconfigured by a boundary realignment to create rural lifestyle block which have the potential to negatively impact on rural viability and the rural amenity and character of the area.

AND

b) Outcome 2 of the Rural Zone Code, which states that

‘Development within the Rural Zone contributes to the rural character of the locality by being of a low scale nature, particularly when viewed from the road frontage and adjoining properties.

AND

c) Outcome 4 of the Rural Zone Code, which states that ‘Allotments

are of a sufficient area and dimension to ensure that long term agricultural viability is maintained or achieved.’

d) Outcome 5 of the Rural Zone Code, which states that

‘Development does not compromise the integrity of the strategic planning framework for the Shire outlined on the Structure Plan - Map 1 and does not compromise the scenic amenity values which rural land contributes to the Shire.

2. The proposed development is not consistent with the rural amenity

and character of the locality. This ground is supported by:

a) The Purpose Statement of the Rural Zone Code, which states, in part, that:

The outcomes sought are:

• ‘Maintenance of the rural amenity and character of existing

rural areas that is dominated by extensive areas of rural production.’

AND

30


Item Number: 2.3 D/A 407/07 (CCRC-06/08) – DEVELOPMENT PERMIT FOR RECONFIGURATION OF A LOT (BOUNDARY REALIGNMENT OF FIVE (5) LOTS)

b) Outcome 4 of the Rural Zone Code, which states that ‘Allotments are of a sufficient area and dimension to ensure that long term agricultural viability is maintained or achieved.’

3. The proposed allotments do not meet the projected user requirements for the site, and will not operate as functional or convenient rural allotments. This ground is supported by:

a) Outcome 4 of the Rural Zone Code, which states that ‘Allotments

are of a sufficient area and dimension to ensure that long term agricultural viability is maintained or achieved.’

AND

b) The Purpose Statement of the Reconfiguring a Lot Code, which states in part that: The purpose is to ensure that: • ‘Lots are suitable for their intended purpose.’

• ‘Lot reconfiguration in the Rural Zone does not result in the

fragmentation or alienation of GQAL.’

AND

c) Lot sizes and dimensions are to be compatible with the physical characteristics of a site and the projected user requirements having regard to the agricultural quality of the land, availability of vehicular access, scenic and cultural values, slope, stability and flooding potential.

4. The applicant has not provided or demonstrated that there is an

overriding need or substantial planning grounds to grant approval of the application despite the conflict.

Moved Cr C Silvestro

Seconded Cr J Downs


31


Item Numbers: 3.1 – 3.7 CCRC-12/08 – ACTING CHIEF EXECUTIVE OFFICER’S REPORT 3.1 2008 ANZAC DAY REPRESENTATION, FRIDAY, 25 APRIL 2008

Executive Summary: There are various ceremonies and functions conducted in the Region which would normally be attended by Councillor representatives. As you will note, the Mayor and Cr Nolan have committed to attending a number of the services. Innisfail Dawn Service and functions Cr Mark Nolan El Arish Dawn Service Cr Bill Shannon Tully Dawn Service <-> Tully mid-morning Service and function Cr Bill Shannon Cardwell late-morning Service <->

Cr Nolan advised he has been asked to represent the Hon Warren Pitt MP, Minister for Main Roads and Local Government at the Innisfail Dawn Service and functions and therefore would be unable to attend on Council’s behalf. Cr Silvestro advised that an ANZAC Day Service is being held at the Silkwood State School on Thursday, 24 April 2008 (Council Meeting day) and she has advised local organisers she would endeavour to attend but this is dependent on the duration of the Local Government Meeting. Cr Shannon indicated he would also attempt to be there.

Officer’s Recommendation: “That Council decide who might wish to attend the other services on behalf of the Cassowary Coast Regional Council.” Resolved Resolution Number 0017

“That the Officer’s report be received. Further, that the following Councillors represent Council at various ANZAC Day services within the region: Innisfail Dawn Service Cr Ian Rule El Arish Dawn Service Crs Bill Shannon &

Jennifer Downs Tully Dawn Service Cr C Silvestro Tully mid-morning Service and function

Cr Bill Shannon

Cardwell late-morning Service and function

Cr R Sorbello

32


3.2 MEETING WITH OUTSIDE STAFF

Executive Summary: A meeting has been arranged for all Outside staff of the CCRC to meet for the first time since amalgamation. That is, the Council’s Outside workforce who operate from Cardwell township Depot and Tully and Innisfail Depots will meet in the El Arish Hall at 8.30am on Wednesday, 23 April 2008. The purpose of the meeting is twofold. Whilst it is primarily for the workforce to discuss industrial issues relative to the upcoming Enterprise Bargaining negotiations between employees and the Council, it is also an opportunity for all employees to feel part of 'one team' of workers for the CCRC, not Cardwell or Johnstone employees. The meeting will be facilitated by the AWU on behalf of all employees including the Unions members.

However, the meeting also presents the opportunity for the Councillors to introduce themselves to the employees in a formal way. Given this situation I invite all Councillors to attend the start of the meeting for the purpose of being introduced. It is intended Councillors and myself will leave the meeting following this introduction.

Officer’s Recommendation: “That Councillors advise the Acting Chief Executive Officer if they wish to attend.” Resolved Resolution Number 0018

“That the Officer’s report be received. Further, that as per unanimous decision of Council, all Councillors attend the Outside Staff meeting being held at the El Arish Hall on Wednesday, 23 April 2008 at 8.30am to be formally introduced to staff.”

3.3 DISCUSSION ON THE REGION’S NAME ‘CASSOWARY COAST’ AND

ADOPTION OF A SUITABLE LOGO Executive Summary: As you are aware the name 'Cassowary Coast' was adopted by the State Government following a recommendation of the Local Government Reform Commission in 2007. The item is listed for discussion as some Councillors have been requested to consider the suitability of the name for the Regional Council. Also, it is appropriate for the Council to discuss how it might decide on a suitable logo for official purposes if the name Cassowary Coast is not changed.

33


3.3 DISCUSSION ON THE REGION’S NAME ‘CASSOWARY COAST’ AND

ADOPTION OF A SUITABLE LOGO (Cont’d…) Officer’s Recommendation: “For discussion by Council.” Moved Cr C Silvestro

Seconded Cr R Sorbello

Resolution Number 0019 “That the Officer’s report be received. Further, that all residents of the Cassowary Coast Regional Council Area be given the opportunity to submit their ideas regarding an appropriate name for the new Council. Further, that Schools, Service Clubs, Progress Associations, etc. be invited to have input into the development of an appropriate logo for the new Council with submissions closing approximately one month from the date of advertising.” THE MOTION WAS LOST – 2 votes to 5 with Crs C Silvestro and R Sorbello voting FOR the Motion and Crs B Shannon, M Nolan, J Downs, I Rule and B Horsford voting AGAINST the Motion.

Moved Cr B Shannon

Seconded Cr B Horsford

Resolution Number 0020 “That Council call for Expressions of Interest from local Graphic artists to develop a suitable logo for the Cassowary Coast Regional Council. Further, that once Expressions of Interest have closed, a report be compiled by the Chief Executive Officer for consideration by Council as soon as possible.” THE MOTION WAS CARRIED– 6 votes to 1 with Crs B Shannon, R Sorbello, C Silvestro, J Downs, M Nolan and B Horsford voting FOR the Motion and Cr I Rule voting AGAINST the Motion.

34


10.25am – 10.45am The meeting adjourned for morning tea. It was noted when the meeting reconvened Mr A Raiti (Acting Director Civil Works) was in attendance. 3.4 ADOPTION OF INTERIM EXECUTIVE STRUCTURE

Executive Summary: As Councillors would be aware, following the State Government’s decision to reform Local Government in Queensland, one of the mechanisms for guiding Local Governments through the amalgamation process was to create Local Transition Committees (LTC’s) to assist with the process. A responsibility of the Cassowary Coast LTC was to adopt an Interim Executive Structure so, post 15 March 2008, the new Council could operate and maintain at least the same level of services as the previous amalgamating Councils until such time as a permanent structure could be adopted. The Council has one year in which to adopt this permanent structure, however until then it is appropriate for the Council to adopt the Interim Structure as recommended by the LTC to ensure certainty to the workforce of the operational capacity of the Council.

Officer’s Recommendation: “That the Council adopt the Interim Executive Structure (see attached) until such time as a permanent structure is adopted.” Moved Cr R Sorbello

Seconded Cr J Downs


10.50am Mr D Horton left the meeting. 3.5 STATE GOVERNMENT PROJECT – “SCHOOLS FOR TOMORROW” -

PROPOSED RELOCATION OF THE INNISFAIL STATE HIGH SCHOOL TO THE INNISFAIL TAFE SITE Executive Summary: Councillors will be aware of a proposal by the State Government to relocate the Innisfail SHS to the Innisfail TAFE site as the issue has been given a fair amount of media coverage in the last year. Stuart Randle, Acting Deputy CEO will be able to provide background information on the discussions held between the Department of Education and the previous Administrator of the Johnstone Shire. However, I have raised this issue to advise the Council of correspondence (x2) I was required to forward to the Dept of Education since the election (copies attached). It should be noted the 1st letter, dated 2 April 2008, was in response to a request to the former Administrator, Johnstone Shire Council, dated 14 March 2008 in which the Department gave Council 15 days to respond.

35


3.5 STATE GOVERNMENT PROJECT – “SCHOOLS FOR TOMORROW” -

PROPOSED RELOCATION OF THE INNISFAIL STATE HIGH SCHOOL TO THE INNISFAIL TAFE SITE (Cont’d…)

The 2nd letter provides further advice to the Department. I will be guided by the Council on what further input it would like to have with this project at this stage, whilst at the same time noting no formal response has been received to my request for an extension of time of one month to consider the initial request.

Officer’s Recommendation: “For discussion by Council.” Resolved Resolution Number 0022

“That the Officer’s report be noted.”

Moved Cr J Downs


Resolution Number 0023 “That the Minister for Education, Training and the Arts, the Hon Rod Welford and/or the Project Manager or Co-ordinator of the State Government’s project “Schools for Tomorrow – Proposed relocation of the Innisfail State High School to the Innisfail TAFE site” be asked to provide a full brief to Council as a matter of priority.” CARRIED

3.6 REGULAR ATTENDANCE AT MEETINGS BY CLERGY

Executive Summary: The Council maybe aware the Johnstone Shire Council opened each Meeting with a prayer offered by a member of the Innisfail Council of Clergy. The Cardwell Shire Council did not have a similar protocol. The Council of Clergy have asked if the CCRC would like to continue this service.

Officer’s Recommendation: “For Council’s decision.”

36


3.6 REGULAR ATTENDANCE AT MEETINGS BY CLERGY (Cont’d…) Moved Cr M Nolan

Seconded Cr I Rule

Resolution Number 0024 “That the Officer’s report be received. Further, that once a month, on a rotational basis (Innisfail/Tully), the Council of Clergy/Ministers’ Fraternal, be invited to attend the Local Government Meetings to offer an opening prayer.” THE MOTION WAS CARRIED – 5 votes to 2 with Crs B Shannon, M Nolan, J Downs, I Rule and B Horsford voting FOR the Motion and Crs C Silvestro and R Sorbello voting AGAINST the Motion.

3.7 FINAL REPORT FROM MR GRAHAM WEBB PSM, JOHNSTONE SHIRE

COUNCIL ADMINISTRATOR Executive Summary: The Administrator, Mr Graham Webb OAM, provided a report for the CCRC. Copies have been distributed to Councillors. This agenda item is to formally acknowledge the report.

Officer’s Recommendation: “That the Council note the report from the former Administrator of the Johnstone Shire Council, Mr Graham Webb PSM.” Moved Cr B Horsford



Item 4.1 CCRC-01/08 – GOONDI BEND LANDFILL EROSION AND SEDIMENTATION PREVENTION MEASURES Executive Summary: This report outlines the need for erosion and sedimentation measures to be implemented at Goondi Bend Landfill (cell 3) to ensure Councils General Environmental Duty and licence obligations are met.

37


Item 4.1 CCRC-01/08 – GOONDI BEND LANDFILL EROSION AND SEDIMENTATION PREVENTION MEASURES (Cont’d…) Officer’s Recommendation: 1. “That the report be received by Council; 2. That Council endorse an instruction to Groundwork Services Pty Ltd to

undertake the erosion and sediment control works they have proposed in their submission at a cost estimate of $50,000.00 which will be taken from the waste budget which currently has sufficient funds for this expense;

3. That Council endorse the Environmental Officer to develop a procedure

whereby suitably qualified Council employees are responsible for undertaking regular checks (and after substantial weather events) of the implemented erosion and sedimentation control measures. The procedure would also include a provision that outlines the ability of Council to commission Groundwork Services Pty Ltd to undertake maintenance works on-site if required and they could not be conducted in-house.”

Moved Cr I Rule

Seconded Cr J Downs

Resolution Number 0026 “That the Officer’s Recommendation be adopted. Further, the responsible officer be asked to investigate the possibility of recovering costs involved in undertaking erosion and sediment control works at Goondi Bend from the Department of Natural Resources as a direct result of the site being used for the disposal of construction, demolition and green waste produced post Cyclone Larry.” CARRIED

38


Item 4.2 CCRC-03/08 - TULLY MULTI-PURPOSE CENTRE Executive Summary: The Acting Director of Corporate Services, Mr Ian Adcock, provided a report to CCRC on the background of the Tully Multi-Purpose Centre project for information and discussion purposes. Officer’s Recommendation: “For information and discussion.” Moved Cr B Shannon

Seconded Cr M Nolan

Resolution Number 0027 “That the Officer’s report be received. Further, that Council take action to; suspend, as of the 11th April 2008,

all design consultancy services being undertaken by Suters Architects Pty Ltd and Power Graham Dempsey for a period of 30 days;

suspend, as of the 11th April 2008,

all cost consultancy services being undertaken by Mitchell Brandtman for a period of 30 days;

retain the services of the Project

Manager, GHD Townsville to prepare and distribute an agenda, attend the next Project Control Group (Advisory Committee) meeting in Tully on the 24th April 2008 and provide advice to Council where necessary with ongoing contractual arrangements subject to review.

Further, that GHD prepare a briefing note to Council on the position with termination of contracts let for consultancy services (viz) Project Management, Design Consultancy and Cost Consultancy.

CARRIED

39


TULLY MULTI-PURPOSE CENTRE – ADDITIONAL FUNDING Moved Cr C Silvestro


Resolution Number 0028 “That Council urgently seek additional funding for the project through representations to appropriate State and Federal Government Ministers, Agencies and local State Government Member, Mr Andrew Cripps MP and seek additional Corporate sponsorship contributions towards the project.” CARRIED

12.15pm – 1.00pm Meeting adjourned for lunch. Item Number: 4.3 CCRC-07/08 – NOMINATION OF COUNCILLOR AND EHO AS LAWMAC REPRESENTATIVES Executive Summary: Correspondence dated 20 March 2008 requesting Council’s continuing membership and financial commitment to LAWMAC and the nomination of a Councillor and Environmental Health Officer to represent the CCRC region and attend future LAWMAC meetings. Officer’s Recommendation: “For Council’s consideration.” Resolved Resolution Number 0029

“That the Officer’s report be noted. Further, that a decision on this matter be deferred for consideration at a future meeting to allow Council the opportunity to be fully briefed on the extent of representation likely to be required of them.”

40


Item Number: 4.4 CCRC-10/08 – REPRESENTATION ON FNQROC AND FNQRRG Executive Summary: Correspondence from FNQROC dated 11 March 2008 advising of a number of significant projects currently progressing which will require elected member guidance to ensure visions for the region are met. To help educate new Council members on these projects, the FNQROC Information Guide (under separate cover) provides details regarding each regional project, the background, progress and future actions. To help guide these projects and FNQROC into the future a Council representative and proxy is required for: 1. Far North Queensland Regional Organisation of Councils (FNQROC)

Board – this person will need to be able to act with authority on behalf of the Council. In the past it has been the Mayor.

2. Far North Queensland Regional Roads Group (FNQRRG) – this person will

need to contribute to the regional vision of the regional road network and be able to act with authority on behalf of the Council. The FNQRRG meetings are usually held on the same day as the FNQROC Board meetings.

Officer’s Recommendation: “For Council’s determination Moved Cr M Nolan


Resolution Number 0030 “That the Officer’s report be received. Further, the Mayor be nominated to represent Council on both the Far North Queensland Regional Organisation of Councils (FNQROC) Board and the Far North Queensland Regional Roads Group (FNQRRG) and FNQROC be advised accordingly.” CARRIED

Item Number: 4.5 CCRC-08/08 – ELECTION OF ASSOCIATION’S EXECUTIVE DISTRICT REPRESENTATIVE, 2008-2012 Executive Summary: Correspondence dated 17 March 2008 calling nominations for the election of District Representatives to the Association’s Executive for the period 2008 – 2012.

41


Item Number: 4.5 CCRC-08/08 – ELECTION OF ASSOCIATION’S EXECUTIVE DISTRICT REPRESENTATIVE, 2008-2012 (Cont’d…) Councils within an Electoral District are entitled to nominate candidates for election from amongst elected members of the Councils within their District. Nominations close at 5.00pm, Friday, 18 April 2008. Officer’s Recommendation: “For Council’s consideration.” Moved Cr M Nolan


Resolution Number 0031 “That the Officer’s report be received. Further, the LGAQ be advised Cassowary Coast Regional Council has decided not to put forward a District Representative nominee to the Association’s Executive for the period 2008 – 2012.” CARRIED

The Acting Chief Executive Officer to query the methodology used to allocate votes for the Cassowary Coast Regional Council in District No. 9 (Far North) in the election of the Association’s Executive for the period 2008-2012. Item Number: 4.6 CCRC-09/08 – STATUS OF WORK CAMP AT INNISFAIL Executive Summary: To advise Council of the status of the proposed Work Camp at Innisfail. Officer’s Recommendation: “That the report be received Moved Cr B Horsford

Seconded Cr M Nolan

Resolution Number 0032 “That the Cassowary Coast Regional Council seek an urgent briefing with the Minister for Police and Corrective Services, the Hon Judy Spence to receive an update on the current status of the proposed Work Camp at Innisfail.” CARRIED

42


GENERAL BUSINESS: COUNCIL SUPPORT FOR COMMUNITY FESTIVALS HELD WITHIN THE CASSOWARY COAST REGION Moved Cr C Silvestro


Resolution Number 0033 “That for a period of six months, the Acting Chief Executive Officer be authorised to offer the same level of Council support for various Community Festivals within the region as has been provided in recent times by Johnstone and Cardwell Shires.” CARRIED

UNSIGHTLY AND UNSAFE CONDITION OF THE INNISFAIL HOTEL SITE Cr Nolan raised serious concerns in relation to the condition of the Innisfail Hotel site and was advised by the Acting Director Planning Services, Mr J Pettigrew that the developer has an Operational Permit to demolish the building. Resolved Resolution Number 0034

“That a report on the current status of the Innisfail Hotel site be bought back to Council, including a summary outlining what permits have been issued to date in regards to building works.”

UNSIGHTLY AND UNSAFE CONDITION OF MUNDOO SAWMILL Moved Cr M Nolan


Resolution Number 0035 “That appropriate Council officers compile a report for consideration at a future meeting based on what process Council is likely to follow to initiate clean-up of the Mundoo Sawmill site, including an explanation of the process which would normally be followed in similar circumstances.” CARRIED

43


BRUCE HIGHWAY UPGRADE FROM CORDUROY CREEK TO THE TULLY STATE HIGH SCHOOL, INCLUDING THE LENTINI CONNECTING ROAD BETWEEN SILKY OAK AND THE HIGHWAY Cr Sorbello requested an update from the Tully Alliance Group, Project Managers responsible for the Bruce Highway upgrade, including the status of the Lentini Road intersection, at a future meeting of Council. COUNCILLORS’ WORKSHOP A Councillors’ Workshop was scheduled for Monday, 14 April 2008 in the Civic Centre Board Room, Tully commencing at 9.00am. 2.10pm The Hon Warren Pitt MP, Minister for Main Roads and Local Government, entered the meeting. Cr Shannon welcomed the Minister to the meeting and in turn each Councillor introduced themselves to Mr Pitt and gave a brief overview of their background. The Minister advised he planned a formal road trip through the State over the next 12 months to touch base with all the amalgamated Councils and commended the CCRC Local Transition Committee for the marvellous job they have done. As the third sphere of government, as opposed to the third tier, Local Government can really show the rest of Australia the way to go. Local Government in Queensland has more responsibilities than any other State. In Queensland one size does not fit all; people live in different circumstances. Mr Pitt made it quite clear that he wants to harmonize the way in which Local Authorities operate based on integrity, accountability and transparency. Furthermore, Mr Pitt advised the State is aware of the fragile position the new Cassowary Coast Regional Council finds itself in, and aside from the $1M already allocated, acknowledged that special attention will be required to ensure the new Council is no worse off as a result of amalgamation. The Minister advised a way forward would be to maximise government grant and subsidy opportunities and suggested Council needed to get as much local support for submissions as possible to get our fair share. Mr Pitt advised the Department of Local Government is being regionalised with over 150 Brisbane-based staff being redeployed to regional centres within Queensland in an attempt to provide more efficient and effective services to the Department’s clients, including Councils. Mr Pitt foreshadowed major changes to the Local Government Act, which he indicated would be simplified. However, a lot more accountability would be expected from Councils with performance benchmarking a future expectation of the State. The Minister would like to see more transparency in Local Government, eg. closed meetings to become the exception rather than the rule. The lines between administration and elected representatives in Queensland have become blurred with some Councillors interfering in the administration of Council.

44


In the past, small Councils have not got anywhere near their fair share of financial assistance. Mr Pitt indicated that smaller Councils would receive a greater share of monies available, at the expense of larger Councils who in recent times had received a disproportionate share of grant funding. However, Mr Pitt said he had no intention of keeping Local Authorities on the public financial teat and he hoped to eventually give Local Governments the capacity to raise their own revenue. At this point Council spoke to the Minister about a number of issues regarding proposed projects/developments within the Region which are causing some trepidation as follows: 1. Orion report 2. Work Camp in Innisfail 3. Tully Multi-Purpose Function Centre 4. Innisfail State High School relocation to the TAFE site 1. ORION REPORT The Minister advised the Government is in receipt of the Orion report, however, had decided to take a back seat on this one to see how Council deals with the situation. Minister Pitt will provide as much support for the Cassowary Coast Regional Council as he can muster. 2. WORK CAMP, GOONDI SPORTS FIELDS OPPOSITE THE INNISFAIL

SHOWGROUNDS The decision to establish this facility at its present location was made by the Minister for Corrective Services under Ministerial Designation. The designation is to occur and the camp will go ahead. 3. MULTI-PURPOSE CENTRE, TULLY The Minister is prepared to argue the issue on behalf of Council, however pointed out Council needs to decide where its priorities lay. Mr Pitt suggested Council write to Andrew Cripps MP, Member for Hinchinbrook with a cc to him and he would take the matter of additional funding up directly with the Minister for Education, the Hon. Rod Welford. There is a possibility that Minister Welford will be in the North in May and perhaps he and Minister Pitt could visit Tully to discuss the project further. 4. INNISFAIL STATE HIGH SCHOOL RELOCATION TO THE TAFE SITE The Minister is aware of certain access and safety issues relating to the High School’s relocation and commented that the project has the potential to be rated a Category 5 resource for evacuations and could be utilized in down times by not only the school, but by various community groups, etc. There is capacity to grow the project to ensure Council achieves the right outcome for the community. Mr Pitt understands that Council does not have the means to complete a project of this size, brought about by someone else, and referred in the main to the replacement of Jubilee bridge.

45


4. INNISFAIL STATE HIGH SCHOOL RELOCATION TO THE TAFE SITE

(Cont’d… The former Premier, Peter Beattie has previously been quoted as saying “Whenever government considers new infrastructure it will consider building in the capacity to develop Category 5 withstanding structures to raise the standards to meet the worst- case-scenario.” The government will be a partner in this venture as it cannot expect Council to finance the project alone. Again, the Minister suggested Council lobby the support of Andrew Cripps. Mr Pitt advised he would do whatever he could to assist Council and where necessary, make appropriate representations to the relevant Ministers in order to shed some light on the issues raised by Council. OLD JOHNSTONE AND CARDWELL SHIRE COUNCIL ROAD SIGNS Leah Guy, Senior Journalist with the Innisfail Advocate asked the Minister what the Department of Main Roads intended to do with all the old Johnstone and Cardwell Shire road signs. Minister Pitt advised he has issued a Departmental Instruction that the old signs are not to be destroyed as they are part of the Shires’ histories and should be stored in a central location until such time as a suitable home can be found for them. Cr Shannon thanked Minister Pitt for his time and expressed his appreciation of Mr Pitt’s attendance and input into the meeting. 3.00pm Minister Pitt left the meeting. 3.35pm – 3.45pm Meeting adjourned for afternoon tea. BRIEFING BY A/G DIRECTORS The following officers provided Council with a 5 minute overview of their Departmental roles and responsibilities: Mr David Case Acting Director Community and Environmental Services Mr Ian Adcock Acting Director Corporate Services Mr Alf Raiti Acting Director Civil Services Mr John Pettigrew Acting Director Planning Services Mr Tony Rooks Acting Director Civil Works (in the absence of Mr David

Trotter) The Mayor thanked the Acting Directors for their Departmental summaries at which time they left the meeting.

46

47


MEETING CLOSED TO THE PUBLIC (4.10PM) Moved Cr M Nolan Seconded Cr C Silvestro

Resolution Number 0036 “That in accordance with Section S463

(1) (a) of the Local Government Act 1993, Council close the meeting to the public to discuss ‘Confidential’ Report Number CCRC-13/08 – Process for Selection of Chief Executive Officer.”

CARRIED

MEETING RE-OPENED TO THE PUBLIC (5.20PM) Moved Cr M Nolan


Resolution Number 0037 “That the meeting be re-opened to the public.”

CARRIED

Item Number: 6 ‘CONFIDENTIAL’ REPORT – PROCESS FOR SELECTION OF CHIEF EXECUTIVE OFFICER Moved Cr R Sorbello


Resolution Number 0038 “That Council engage consultants to assist in the recruitment of a permanent Chief Executive Officer. Further, that the consultants be appointed as soon as practicable and the terms and conditions of employment be determined prior to advertising the position.”

CARRIED

5.30pm The Mayor declared the meeting closed. CONFIRMED AS A TRUE AND CORRECT RECORD THIS DAY OF

2008.

_______________________ MAYOR

CASSOWARY COAST REGIONAL COUNCIL€¦ · Cr Shannon welcomed Pastor Lance Dodds of the Christian...

Documents

Transcript of CASSOWARY COAST REGIONAL COUNCIL€¦ · Cr Shannon welcomed Pastor Lance Dodds of the Christian...