Council meeting agenda 01 04 15 ord

Ordinary Meeting

Council Chambers Date: 1 April 2015

Time: 9:00am

AGENDA

THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 01 APRIL 2015 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda Wednesday 01 April 2015

ORDER OF BUSINESS MEMBERS IN ATTENDANCE APOLOGIES/LEAVE OF ABSENCE/ABSENCE ON COUNCIL BUSINESS BEREAVEMENTS/CONDOLENCES DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/CONFLICTS OF INTEREST CONFIRMATION OF MINUTES BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING DEPUTATIONS AND DELEGATIONS CORPORATE AND COMMUNITY SERVICES ............................................................................... 5

REGIONAL LAND USE PLANNING ............................................................................................ 5 ITEM-1 Ngoonbi Co-Op Society Ltd - Material Change of Use - Community Facility

(Respite Centre) Lot 2 RP718213 - 29-31 Barang Street, - Kuranda - DA/15/0009 .............................................................................................................. 5

ITEM-2 Application for Term Lease - Lot 6 on AP21240, Parish of Irvinebank & Ord .......... 27

ITEM-3 JAT Refrigerated Road Services Australia Pty Ltd - Material Change of Use - Freight Depot - Lot 63 on SP217451 - 94 Malone Road, Mareeba - DA/14/0044 .... 35

GOVERNANCE AND COMPLIANCE ........................................................................................ 55 ITEM-4 Surrender of two (2) non competitive leases at Chillagoe ....................................... 55

FINANCE .................................................................................................................................. 61 ITEM-5 Health and Local Laws Fees 2015-16 .................................................................... 61

INFRASTRUCTURE SERVICES .................................................................................................. 71

TECHNICAL SERVICES ........................................................................................................... 71 ITEM-6 Traffic Advisory Committee - Minutes of Meeting held 17 March 2015.................... 71

ITEM-7 Extension of Mackay Sugar Permit Provision for B-Double Access including the 2015 Cane Harvesting Season ............................................................................... 85

ITEM-8 Simultaneous Road Opening & Closing to Address Realignment of Dedicated Alignment of Road Area to the Constructed Alignment at Lot 80 HG93 - Braund Road, Dimbulah ...................................................................................................... 95

ITEM-9 Application for Permanent Road Closure over Part of Mareeba-Atherton Road adjoining Lot 1 on RP735702 ............................................................................... 103

ITEM-10 Stormwater Drainage Issues on Private Property - 20 Anzac Avenue, Mareeba CONFIDENTIAL ................................................................................... 111

CHIEF EXECUTIVE OFFICER ................................................................................................... 113

ITEM-11 Attendance at National General Assembly of Local Government .................... 113

BUSINESS WITHOUT NOTICE .................................................................................................. 115

NEXT MEETING OF COUNCIL .................................................................................................. 115


Error! Unknown document property name.


CORPORATE AND COMMUNITY SERVICES

REGIONAL LAND USE PLANNING

ITEM-1 NGOONBI CO-OP SOCIETY LTD - MATERIAL CHANGE OF USE - COMMUNITY FACILITY (RESPITE CENTRE) LOT 2 RP718213 - 29-31 BARANG STREET, - KURANDA - DA/15/0009

DOCUMENT INFORMATION MEETING: Ordinary MEETING DATE: 1 April 2015 REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS

APPLICATION PREMISES

APPLICANT Ngoonbi Co-Op Society Ltd ADDRESS 29-31 Barang Street, Kuranda

DATE LODGED 9 February 2015 RPD Lot 2 on RP718213

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use - Community Facility (Respite Centre)

FILE NO DA/15/0009 AREA 1,009m2

LODGED BY MiCorp Town Planning OWNER Ngoonbi Co-Op Society Ltd

PLANNING SCHEME

Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ZONE Village

LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS One (1)

ATTACHMENTS: 1. Proposal Plan/s

2. Submitter letter/s

EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details.


The application is impact assessable and one properly made submission was received in response to public notification of the application. The application seeks retrospective approval for a respite centre which has been operating from the site's existing dwelling house since 2012, and to also accommodate the proposed intensification/expansion of this use. The proposed intensification will increase building footprint on-site from approx. 16% to 30% and will include a 136m2 building extension, new storage shed, on-site car/bus parking facilities and associated landscaping. The application and supporting material has been assessed against the relative statutory planning instruments, including the FNQ Regional Plan, the State Planning Policy, and the Mareeba Shire Planning Scheme (including codes and policies) and is in conflict with Specific Outcomes S9 and S11 of the Car Parking Code. There are sufficient grounds to approve the development despite these conflicts as discussed below. The key issue of the proposed development is the provision of adequate on site car parking. Site constraints result in only five on site car parking spaces being proposed, four short of the nine spaces called up by the draft planning scheme. On street car parking exists in Barang Street to meet the needs of the respite centre, however there are expected to be times where there is a shortage of on street car parking, such as when events are held in the CWA Hall. The community benefit arising from the continued operation of the respite service is significant and is considered to outweigh the occasional overloading of on street car parking in the vicinity of the development. Draft conditions were provided to the Applicant care of their consultant and have been agreed to. It is recommended that the application be approved in full, subject to conditions. The application attracted an application fee of $2,380.00 which is the 2014/2015 financial year Community Facility (impact assessment - medium) fee. The applicants have requested that Council allow a reduction in the application fee to $1,550.00, which is the impact assessment - small fee. Due to the developments noncompliance with aspects of the Car Parking Code, a reduction in the fee is not recommended.

OFFICER'S RECOMMENDATION

1. That in relation to the following development application:


APPLICANT Ngoonbi Co-Op Society Ltd ADDRESS 29-31 Barang Street, Kuranda

DATE LODGED 9 February 2015 RPD Lot 2 on RP718213

TYPE OF APPROVAL

Development Permit


Material Change of Use - Community Facility (Respite Centre)


and in accordance with the Sustainable Planning Act 2009, the applicant be notified that the application for a development permit for the development specified in (A) is:

Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), relevant period in (E), further permits in (F), and further approvals from Council listed in (G); And The assessment manager does consider that the assessment manager’s decision conflicts with a relevant instrument.

(A) APPROVED DEVELOPMENT: Development Permit for Material Change of Use -

Community Facility (Respite Centre)

(B) APPROVED PLANS:

(C) ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a) Development assessable against the Planning Scheme 1. Development must be carried out substantially in accordance with the approved

plans and the facts and circumstances of the use as submitted with the application, subject to any alterations:

- found necessary by Council’s delegated officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements; and

- to ensure compliance with the following conditions of approval.

Details of the conflict with the relevant instrument

Reason for the decision, including a statement about the sufficient grounds to justify the decision despite the conflict

S9 Sufficient car parking spaces are provided to accommodate the demand likely to be generated by the use.

S11 The development provides for parking spaces in the vicinity of the development to accommodate the demand likely to be generated by the use.

The community benefit arising from the continued operation of the respite service is significant and is considered to outweigh the occasional overloading of on street car parking in the vicinity of the development.

Plan/Document Number

Plan/Document Title Prepared by Dated

DD-01 Rev B Proposed Site Plan MiHaven 10.03.15

SK-02 Rev A Proposed Elevations MiHaven 04.02.15


2. Timing of Effect 2.1 The conditions of the development permit must be complied with to the

satisfaction of Council’s delegated officer prior to the commencement of the use except where specified otherwise in these conditions of approval.

2.2 Prior to the commencement of use, the applicant must notify Council that all the conditions of the development permit have been complied with, except where specified otherwise in these conditions of approval.

3. General

3.1 The applicant/developer is responsible for the cost of necessary alterations to

existing public utility mains, services or installations required by works in relation to the proposed development or any works required by condition(s) of this approval.

3.2 All payments or bonds required to be made to the Council pursuant to any condition of this approval must be made prior to commencement of the use and at the rate applicable at the time of payment.

3.3 All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.4 Noise Nuisance Refrigeration equipment, pumps, compressors and mechanical ventilation systems must be located, designed, installed and maintained to achieve a maximum noise level of 3dB(A) above background levels as measured from noise sensitive locations and a maximum noise level of 8dB(A) above background levels as measured from commercial locations.

3.5 Waste Management On site refuse storage area must be provided and be screened from view from adjoining properties and road reserve by 1 metre wide landscaped screening buffer, 1.8m high solid fence or building.

3.6 Hours of Operation The operating hours shall be between 8:30am and 4pm.

3.7 Signage (i) No more than one (1) sign shall be erected on the subject land to

advertise the approved use. The sign may front either Barang Street or Thongon Street and is not to exceed 3 square metres (sign face area).

(ii) Signage must be kept clean, in good order and safe repair for the life of the approval.


(iii) Signage must be removed when no longer required.

4. Infrastructure Services and Standards 4.1 Access

An access crossover must be constructed (from the edge of the Barang Street road pavement to the property boundary of the subject lot) in accordance with the FNQROC Development Manual, to the satisfaction of Council’s delegated officer. The developer must ensure that any redundant vehicle crossovers are removed and reinstated with kerb and channel. The applicant/developer is to make an application for driveway access onto a Council road. The application is to be accompanied by the relevant fee and will be required to certify or be assessed for compliance by Council's delegated officer.

4.2 Stormwater Drainage 4.2.1 The applicant/developer must take all necessary steps to ensure a

non-worsening effect on surrounding land as a consequence of the development.

4.2.2 All stormwater drainage must be collected from site and discharged to an approved legal point of discharge.

4.3 Car Parking/Internal Driveways The developer must ensure that the development is provided with a minimum of five (5) on-site car parking spaces including one (1) community bus parking space which are available solely for the parking of vehicles associated with the use of the premises. All car parking spaces must be sealed, line-marked and appropriately drained prior to the commencement of the use, to the satisfaction of Council's delegated officer. The proposed car parking facilities and internal driveways must comply with: - Australian Standard AS2890:1 Off Street Parking – Car Parking Facilities; - Australian Standard AS1428:2001 – Design for Access and Mobility.

4.4 Landscaping and Fencing 4.4.1 Prior to the commencement of the use, landscaping of the site must be

carried out generally in accordance with the approved site plan (Drawing No. DD-01 Rev. B) dated 10 March 2015, to the satisfaction of Council's delegated officer.

Plant species used in landscaping should be in accordance with those species listed in Schedule A of Planning Scheme Policy 9 - Landscaping.


4.4.2 The landscaping of the site must be irrigated, mulched and maintained

to the satisfaction of Council’s delegated officer.

4.5 Lighting Where outdoor lighting is required the developer shall locate, design and install lighting to operate from dusk to dawn within all areas where the public will be given access, which prevents the potential for light spillage to cause nuisance to neighbours and must be provided in accordance with Australian Standard 1158.1 – Lighting for Roads and Public Spaces. Illumination resulting from direct, reflected or other incidental light emanating from the subject land does not exceed 8 lux when measured at any point 1.5m outside the property boundary of the subject site. The lighting fixtures installed on site must meet appropriate lux levels as documented within Australian Standard 4282 – Control of the Obtrusive Effects of Outdoor Lighting. NOTE: The design is to integrate the principles of Crime Prevention through Environmental Design (CPTED) theory. Lighting design is to illuminate potential areas of concealment and is to project illumination so that a human face is easily discernible from 15 metres and there is to be sufficient night lighting, which renders people, colours, vegetation and objects correctly. i.e. ‘white’ light. Particular attention should be given to pathways, driveways and common external spaces.

(D) ASSESSMENT MANAGER’S ADVICE (a) A number of other charges or payments may be payable as conditions of approval.

The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

(b) The change in the use of the building may also require a change in the classification of the building under the Building Act. The applicant is advised to contact a Building Certifier to establish if a change in the classification of the building is required.

(c) Compliance with applicable codes/policies The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval.

(d) Compliance with Acts and Regulations The erection and use of the building must comply with the Building Act and all other relevant Acts, Regulations and Laws, and these approval conditions.

(e) Environmental Protection and Biodiversity Conservation Act 1999 The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are


likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.environment.gov.au.

(f) Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.datsima.qld.gov.au

(g) Notation on Rates Record A notation will be placed on Council’s Rate record with respect to Condition 4.3-Car Parking/Internal Driveways:

Council has accepted five (5) on-site car parking spaces for the respite centre development which is below the 9 car parking spaces nominated by the draft planning scheme for a Community Care Centre (respite centre). The subject land is not deemed to have a credit for the four (4) car parking spaces not provided on site.

(E) RELEVANT PERIOD

When approval lapses if development not started (s.341)

Material Change of Use – four (4) years (starting the day the approval takes effect);

(F) OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

Development Permit for Building Work

(G) OTHER APPROVALS REQUIRED FROM COUNCIL

Compliance Permit for Plumbing and Drainage Work

Access approval arising from condition number 4.1 (Please contact Planning Section to obtain application form and applicable fee).

2. That the 2014/15 financial year material change of use (impact assessment - medium) application fee of $2,380.00 be maintained for Development Application DA/15/0009."

THE SITE

The subject site is situated on the corner of Barang and Thongon Streets, Kuranda, and is described as Lot 2 on RP718213, Parish of Cairns, County of Nares. The site is regular in


shape with a total area of 1,009m2 and is zoned Village under the Mareeba Shire Planning Scheme 2004. The site contains frontages to Barang and Thongon Street of 40 metres and 25 metres respectively and both roads are constructed to bitumen sealed standard, including kerb and channel, for their entire frontage. The site is improved by a single storey dwelling house and is connected to all available services including Council's reticulated water and sewerage networks, as well as local area telecommunications and electricity infrastructure. All adjoining allotments are zoned Village and contain residential land uses. The Kuranda CWA hall is situated immediately opposite the subject site on the southern side of Barang Street. The Kuranda medical centre is situated on the opposite side of Thongon Street.

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.



BACKGROUND AND CONTEXT The proposed respite centre has been operating from the subject site since 2012. As far as this officer is aware, no complaints have been generated by the use at its current capacity. The applicants advise that they were unaware of the need to obtain a material change of use development permit to operate the respite centre and only became aware when approval was sought to expand the building. This material change of use application has been made to seek a development permit for the respite centre, including an expansion the respite centre's gross floor area.

PREVIOUS APPLICATIONS & APPROVALS Nil

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Community Facility (Respite Centre) in accordance with the plans shown in Attachment 1. The site's existing 160m2 dwelling has been used by the Ngoonbi Cooperative Society as a respite centre for Indigenous women since 2012. This application serves a dual purpose, this being to gain retrospective approval for the respite centre at its current capacity and to


accommodate the proposed intensification or expansion of the use (respite centre) which will include the following works:

99m2 extension of the internal lounge room (group meeting room);

37m2 extension to the existing verandah/deck;

A new storage shed built off the western side of the centre;

A new driveway from Barang Street providing additional car parking including a community bus car park.

The applicants have stated the following about the development:

"The intensification of the Ngoonbi Respite Centre is minor, with much of infrastructure to the site already provided. The development on site will improve the facilities that are provided to the community. The works primarily comprise of an extension of the main lounge meeting room. This will improve the overall functionality of the Centre's operation, catering for the aging population and the support the elderly need. A small undercover verandah at the rear is proposed, which will provide an outdoor seating area during the daytime."

Once the works are complete, the centre will continue to operate as a day community centre operating generally between 8:30am and 3:30pm Monday to Friday. Minimal car parking facilities are proposed on-site, however, the applicants have stated that the site is in close proximity to the centre of Kuranda and a lot of users of the centre arrive by foot. Furthermore, the Ngoonbi Co-Op Society operate a courtesy bus service for those people that live outside walking distance and who cannot get there by other means. The Ngoonbi Cooperative Society is a not-for-profit organisation, with the building works being funded by the Federal Government. The funding was allocated by the Government through a construction training program, providing employment and training opportunities for up to 15 Indigenous job seekers who will conduct the proposed renovations.

REGIONAL PLAN DESIGNATION

The subject site is included within the Urban Footprint land use category in the Far North Queensland Regional Plan 2009-2031. Kuranda is identified as a Village Activity Centre in the Regional Plan. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site as containing:

Strategic Rehabilitation Area

PLANNING SCHEME DESIGNATIONS

Preferred Area No 5 is the self-assessable area for high density residential units. Planning Scheme Definitions

Strategic Framework: Major Urban Growth Node (Kuranda)

Zone: Village (Preferred Area No 5)


The proposed use is defined as:-

"Community facility means the use of premises by a public authority, an organisation, commercial operation or group of persons for the physical, social, cultural, religious or intellectual development or welfare of the local community, but does not include a building or place elsewhere specifically defined in this plan."

RELEVANT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:- (a) Far North Queensland Regional Plan 2009-2031 Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

(b) State Planning Policy The single State Planning Policy (SPP) is not reflected in the Planning Scheme and is therefore applicable to the assessment of the application. An officer assessment of the proposed development against the provisions contained within the SPP has been undertaken and it is not considered to be in conflict with any relevant aspect of the SPP.

DRO 1.1 Biodiversity Conservation

Land Use Policy Complies Comments

1.1.5 Urban development on a lot that is within a strategic rehabilitation area results in improved ecological connectivity or habitat extent within that lot.

n/a Not applicable - The subject site is a residential sized allotment situated within an urban area. Revegetation of the site would not result in improved ecological connectivity.

DRO 4.1 Compact Urban Form


4.1.1 Urban development is contained within the urban footprint

Complies - The subject site is situated within the urban footprint.

4.1.2 Urban development is sequenced to ensure logical and orderly land use and infrastructure delivery.

Complies


(c) Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

Relevant Desired Environmental Outcomes

Relevant Development Codes

The following Development Codes are considered to be applicable to the assessment of the application:

Part 4, Division 16 Village Zone Code Part 6, Division 5 Car Parking Code

DEO Complies Comments

(g) The standard and location of the built environment, particularly in Mareeba and Kuranda, minimise the use of non-renewable resources, having regard to associated wastewater and effluent disposal infrastructure.

Complies - The subject site is connected to Council's reticulated sewerage network, however, the proposed development, due to its limited hours of operation, is not likely to place any increased demand on this infrastructure outside that of a standard dwelling, of which the site has credit for.

(h) All members of the community have appropriate access to relevant services and facilities that meet their needs and create a sense of community satisfaction.

Complies - The applicants are a not-for profit community based organisation providing respite services for Indigenous women in the Kuranda Locality. The service includes a courtesy bus for those unable to drive to the centre.


(p) The Kuranda Village’s role and identity not only as an international tourist destination but as a residential centre and a functional service location for the wider district is protected and enhanced whilst ensuring the community’s harmony and a sense of place is maximised through ensuring that the mix between tourists and residents meets the needs of both groups.

Complies - The proposed respite centre will provide an essential service for Indigenous women in the Kuranda Locality which will directly benefit their health and wellbeing.

(r) The identification and protection of the amenity of noise sensitive development and liveability of residential areas.

Can be conditioned to comply - Conditions will be attached to any approval outlining hours of operation, on-site Carparking etc. to ensure the liveability of the surrounding residential area is maintained.


Part 6, Division 15 Landscaping Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval.

(e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 4 - Development Manual A condition will be attached to any approval requiring all development works to be designed and constructed in accordance with the FNQROC Development Manual. (f) Adopted Infrastructure Charges Notice Water Supply The subject site is deemed to have 1 EDC (equivalent domestic connection) credit for water supply. The proposed respite centre will provide services during the hours of 8:30am and 3:30pm Monday to Fridays and will not be open over the weekends. Considering the nature of the use, and hours of operation, the proposed respite centre is not likely to place any additional demand on Council's reticulated water supply outside this existing credit. An adopted infrastructure charge for water supply is not warranted in this instance. Sewerage Supply The subject site is deemed to have 1 EDC (equivalent domestic connection) credit for sewerage.

Relevant Codes Comments

Village Zone Code The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code.

Car Parking Code The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code, apart from the following:

Specific Outcome S9 Specific Outcome S11

Refer to planning discussion section of report.

Landscaping Code The application complies with applicable acceptable/probable solutions/performance criteria


The proposed respite centre will provide services during the hours of 8:30am and 3:30pm Monday to Fridays and will not be open over the weekends. Considering the nature of the use, and hours of operation, the proposed respite centre is not likely to place any additional demand on Council's reticulated sewerage network outside this existing credit. An adopted infrastructure charge for sewerage is not warranted in this instance. Roadworks Both Barang Street and Thongon Street carry considerable commercial and residential traffic and are already constructed to a high standard. Any additional traffic arising from the respite centre use is not going to impact on the functioning of either road. Whilst the respite centre may slightly increase traffic above that of a typical dwelling house, the same land could potentially be developed for up to 12 self-assessable two bedroom units in accordance with its Preferred Area No 5 designation. Any increase in traffic arising from the respite centre will not exceed the traffic that would result from the self-assessable unit development. A contribution towards the augmentation of the road network is not supported. REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies. Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Engineering - Access PUBLIC NOTIFICATION The development proposal was placed on public notification from 13 February 2015 to 5 March 2015. The applicant submitted the notice of compliance on 10 March 2015 advising that the public notification requirements were carried out in accordance with the requirements of the Act. One (1) properly made submission was received and is summarised below.


Submitters

PLANNING DISCUSSION Noncompliance with the relevant acceptable/probable solutions outlined in the table above are summarised as follows:

Note: The original application included a site plan which provided for three (3) on-site car parking spaces only. In response to the submission received, the applicants have submitted a revised site plan providing for five (5) on-site car parking spaces, including one (1) community bus parking space.

Car Parking Code (Car Parking Numbers) S9 Sufficient car parking spaces are provided to accommodate the demand likely to be

generated by the use. AS9.1 The number of car parking spaces provided for the use is in accordance with the

Car Parking Schedule.

Comment The Car Parking Schedule nominates the following rate for community facilities:

Five (5) spaces plus one (1) space per 25m2 GFA The GFA of the respite centre, excluding building service (toilets) is 216.8m2. Applying the planning scheme rate, the development would be required to provide 14 car parking spaces.

Grounds for objection /support Comment

The submitter raised concerns regarding the traffic generated by the proposed respite centre (currently operating) and identified a parking issue. The submitter attached photos to his email submission showing vehicles and mini buses parked informally on the lot and adjacent road reserve.

The applicants were made aware of the existing car parking issues raised in the submission.

In response, a revised site plan was submitted which increased the provision of on-site car parking from 3 spaces to 5 spaces, including 1 community bus parking space. Landscaping has also been proposed along both frontages of the site to minimise the parking of vehicles on the grassed sections of the site.

Instructions have been issued to clients/staff to use designated car parking spaces and the applicants have stated that "No Parking" signage will also be erected on-site. The development will be conditioned to require on site car parking to occur within designated car parking spaces only.

Name of principal submitter Address

1. Farzad Nooravi 18 Thongon Street, Kuranda - PO Box 353 Kuranda QLD 4881


Five (5) car parking spaces (including one community bus space) are proposed by the applicant. It is readily acknowledged that the planning scheme's car parking rate for community facilities is excessive in this instance. The draft planning scheme includes a revised car parking rate for a Community Care Centre (respite centre). The rate applied by the draft planning scheme is:

5 spaces or 1 space per 25m2 GFA, which is greater Applying this rate to the proposed development generates a requirement for 9 car parking spaces, or 4 spaces more than what is proposed by the applicant. The applicants make the following representations to argue for Council's acceptance of just three (3) on site car parking spaces:

"The only item that the development does not fully comply with is onsite car parking. In reference to the Car Parking Code of the Mareeba Shire Planning Scheme, the total site car parking spaces required recommended under the Mareeba Shire Planning Scheme Car Parking Schedule for a Community Facility are 5 spaces plus 1 space per 25m2 of GFA. The total area of the Community Facility is 138m2 (existing) plus 99m2 proposed extension, totaling 237m2. In accordance with the Code, the total parking required is 5+9, totaling 14 spaces on site. The site currently has a sealed concrete driveway and carport, and can accommodate 3 cars. The Centre has a maximum of 4 part time staff. The proposed renovations to the building will not impact on the existing staff numbers required to operate the Centre. The proposed design, provides improvements for the visitors to the Respite Centre, with a new driveway access off Barang Street to accommodate the small community bus parking ensile. The majority of the visitors are transported from their homes to and from the Respite Centre by the community bus. It is proposed to include a disabled compliant ramp to assist the elderly accessing the bus (as shown on the Site Plan- attached Appendix C). It is also proposed to include a separate designated disabled parking space next to the new driveway. It is noted that although the Centre generates very low demand for onsite car parking, there is substantial public car parking available opposite the site on Barang Street, with 11 designated on-street angle alignment public car parks, with no time limit. On two separate site inspections, Friday 24 January at 3pm and Friday 6 February 10am there were no cars parked in this parking area. The Mareeba Planning Scheme provides allowance for Council to review the appropriate requirement for car parking spaces specified for an Impact Assessable Development Application. Reference to Table 4 in the Car Parking Code states, "2 For impact assessable development Council may require the provision of a greater or lesser number of car parking spaces than that specified in the Schedule, having regard to the particular use".


Given the low impact of parking required for the patronage usage of the Respite Centre (operating day time only Monday to Friday), it is requested that Council support a dispensation in the recommended ensile car parking allowance recommended under the Mareeba Shire Planning Scheme comprising of one designated Bus parking bay; one designated disabled parking bay and 3 tandem car parking spaces (existing) onsite." Note: Since these representations were put forward in the original application, the applicants have submitted a revised site plan providing for five (5) on-site car parking spaces, including one (1) community bus parking space.

With only five spaces available on site, the development is expected to have an off-site car parking impact. There are 11 on street angled car parking spaces on the opposite side of Barang Street, in front of Council's aged persons units. It is accepted that many of these on street car parking spaces would be unused much of the time, however, there would be times (events at CWA Hall) when this on street car parking is at capacity. If Council accepts the applicant's proposal for just five on site car parking spaces, it is highly probable that there will be times where on street car parking is overloaded. The width of the Barang Street road reserve/footpath in front of the subject land would readily provide for additional on street parallel parking spaces. Angled spaces are not suggested because this arrangement would impact on Council's sewerage infrastructure. It is estimated that the 4 additional on street car parking spaces could be constructed within the Barang Street road reserve, at a cost of approximately $14,000.00. Specific Outcome S11 of the Car Parking Code allows Council to charge a monetary contribution for any shortfall in on site car parking. Applying the draft planning scheme car parking rate, the applicable contribution for 4 spaces is:

4 x $8,810.00 = $35,240.00 The payment of this contribution will not prevent the instances of on street car parking overload unless Council subsequently applies the contribution to construct additional on street car parking in Barang Street. As the applicant is a not for profit organisation and funding for the current development has been sourced from the Commonwealth Government, the capacity of the applicant to construct additional on street car parking or pay a contribution in lieu of this car parking is expected to be limited. The community benefit arising from the continued operation of the respite service is significant and is considered to outweigh the occasional overloading of on street car parking in the vicinity of the development.


S11 The development provides for parking spaces in the vicinity of the development provided to accommodate the demand likely to be generated by the use. AS11 Where car parking spaces cannot be provided for on the site in accordance with

S4, a cash contribution is paid as laid out in the Planning Scheme Policy 7 - Carparking Cash Contribution.

Comment This specific outcome allows Council to charge a monetary contribution for any shortfall in on site car parking. Applying the draft planning scheme car parking rate, the applicable contribution for 4 spaces is:

4 x $8,810.00 = $35,240.00 The payment of this contribution will not prevent the instances of on street car parking overload unless Council subsequently applies the contribution to construct additional on street car parking in Barang Street. As the applicant is a not for profit organisation and funding for the current development has been sourced from the Commonwealth Government, the capacity of the applicant to construct additional on street car parking or pay a contribution in lieu of this car parking is expected to be limited. The community benefit arising from the continued operation of the respite service is significant and is considered to outweigh the occasional overloading of on street car parking in the vicinity of the development.

Application Fee The application attracted an application fee of $2,380.00 which is the 2014/2015 financial year Community Facility (impact assessment - medium) fee. The applicants state that they are a not-for-profit community based organisation and have requested that Council allow a reduction in the application fee to $1,550.00, which is the impact assessment - small fee. Due to the development's noncompliance with aspects of the Car Parking Code, a reduction in the fee is not recommended. Date Prepared: 18 March 2015


ATTACHMENT 1 APPROVED PLANS (ECM VS 3634798)


ATTACHMENT 2


ITEM-2 APPLICATION FOR TERM LEASE - LOT 6 ON AP21240, PARISH OF IRVINEBANK & ORD

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 1 April 2015

REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the issue of a term lease over land described as Lot 6 on AP21240, Parish of Irvinebank & Ord, situated immediately south-west of Irvinebank. The proposed use of the land is grazing. DNRM seeks Council's views on the issue of the lease and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.


"That Council offer no objection to the issue of a term lease for grazing purposes over land described as Lot 6 on AP21240 Parish of Irvinebank & Ord and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land."

BACKGROUND

DNRM is currently considering an application for the issue of a term lease over land described as Lot 6 on AP21240, Parish of Irvinebank & Ord. Lot 6 on AP21240 has an area of 23,900 hectares which extends west from Irvinebank to Emuford and south to approximately five (5) kilometres past Gurrumba. A permit to occupy for grazing purposes has previously been held over this land. Lot 6 contains several buildings and remnants of former mining activity. The majority of the land remains extensively vegetated. Should a lease be granted, it is proposed that the land be used for grazing purposes.


DNRM seeks Council's views on the issue of the lease and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.

LINK TO CORPORATE PLAN

Nil

CONSULTATION

Internal Nil External Nil

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS)

Nil

POLICY IMPLICATIONS

The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the use of the land for grazing purposes. There are no known non-indigenous cultural heritage values associated with the subject land.

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Nil

IMPLEMENTATION/COMMUNICATION

The Department of Natural Resources and Mines will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of Natural Resources and Mines letter dated 19 March 2015 Date Prepared: 20 March 2015


ATTACHMENT 1


ITEM-3 JAT REFRIGERATED ROAD SERVICES AUSTRALIA PTY LTD - MATERIAL CHANGE OF USE - FREIGHT DEPOT - LOT 63 ON SP217451 - 94 MALONE ROAD, MAREEBA - DA/14/0044


MEETING: Ordinary


REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS


APPLICANT JAT Refrigerated Road Services Australia Pty Ltd

ADDRESS 94 Malone Road, Mareeba

DATE LODGED 27 August 2014 RPD Lot 63 on SP217451

TYPE OF APPROVAL

Development Permit


Material Change of Use - Freight Depot

FILE NO DA/14/0044 AREA 2.354 hectares

LODGED BY RPS Australia East Pty Ltd OWNER S & R Brischetto

PLANNING SCHEME

Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ZONE Rural Residential Zone (established under Preliminary Approval REC/08/0014)

LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS One (1) Submission Received

ATTACHMENTS: 1. Proposal Plan - RPS Australia East Pty Ltd (DWS VS# 3610944)

2. Submitter letter


EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is impact assessable and was therefore required to undergo public notification. Public notification of the application attracted one (1) submitter who was generally in support of the development. The applicants propose the continued operation of a small scale fresh produce freight depot operating out of part of the existing shed on the subject site. The facility would be used by JAT Refrigerated Road Services Australia Pty Ltd (the applicant) approximately three (3) days per week as a holding and cooling facility for local fresh produce prior to being transported via semi-trailer to JAT's Tully depot. Should an approval be granted, the applicants intend to operate the freight depot from the subject site for a period of three (3) years only, from the date the approval is granted. The subject site (Lot 63) once formed part of a larger Rural zoned allotment (Lot 208 on RP744274), however, in 2008, Council approved an application for material change of use - preliminary approval overriding the planning scheme (REC/08/0014) which allowed Lot 208 to be developed for rural residential purposes. This approval allowed Lot 63 to be created and balance Lot 208 on SP261005 (immediately to the west). Both Lots are considered to be zoned Rural Residential for the purposes of the Planning Scheme. A development approval exists over adjoining Lot 208 on SP261005 for subdivision into 12 rural residential allotments (Bellevue Estate). The application and supporting material has been assessed against the relevant statutory planning instruments, including the FNQ Regional Plan, the State Planning Policy, and the Mareeba Shire Planning Scheme (including codes and policies), and is considered to be in conflict with the Rural Residential Zone code. The Planning Scheme identifies freight depots as an inconsistent use within the Rural Residential Zone and the development of such a use on the subject land is considered to represent poor town planning and raises the real prospect of ongoing land use conflict between the freight depot and rural residential residents. The continued operation of the freight depot from the subject site serves to benefit the applicant and land owner only, with no identified benefit to the immediate surrounding locality. The Mareeba Township contains a significant supply of industrial zoned land which is intended to accommodate this type of land use. Approval of the proposed freight depot in a rural residential area, even for a time limited period, is likely to set a negative precedent for similar development in the future. If Council was prepared to consider a time limited approval, stringent conditions would have to be placed on the development in order to minimise potential noise and air emissions. These conditions include but are not limited to: the full sealing of internal driveways/access crossovers, restrictions in truck movements and hours/days of operation, landscape buffering, and the cessation of the use upon occupation of the first dwelling in the adjacent Bellevue Estate. Conditioning the development to this extent will no doubt impact on the ongoing operation of the freight depot and prove relatively costly for the applicant. The limitations and the cost to comply with the conditions which are necessary to minimise the risk of land use conflict are not considered particularly reasonable given the need to time limit the approval.


Considering the above, and the fact that any approval would temporarily postpone an inevitable move to a more suitable location, the application is recommended for refusal.


"1. That in relation to the following development application:

and in accordance with the Sustainable Planning Act 2009, the applicant be notified that the application for a development permit for the development specified in (A) is:

Refused by Council for reasons set out in (B).

(A) REFUSED DEVELOPMENT: Development Permit for Material Change of Use - Freight Depot

(B) ASSESSMENT MANAGER’S REASONS FOR REFUSAL:

That Council consider the following:-

1. The proposed development conflicts with Part 3 Desired Environmental Outcomes (c), (f) and (r).

2. The Rural Residential Zone Code tables of assessment identifies 'freight depot' as an inconsistent use within the Rural Residential Zone.

3. The proposed development is in conflict with Part 4, Division 8, 4.44 Overall Outcomes for Rural Residential Zone Code:

(b) where very low density housing prevails, with some rural pursuits that are compatible residential living;

(i) which makes effective use of the land and the services provided to enable the functioning of the zone.

4. The proposed development is in conflict with Part 4, Division 8, 4.45 Building

Siting, Scale and Amenity: S5 Non-residential uses and amenity

Non-residential uses are located, designed and operated to avoid significant adverse changes to the light, noise, dust, odours, traffic conditions, or other physical conditions experienced by occupants of:


APPLICANT JAT Refrigerated Road Services Australia Pty Ltd

ADDRESS 94 Malone Road, Mareeba

DATE LODGED 27 August 2014 RPD Lot 63 on SP217451

TYPE OF APPROVAL

Development Permit


Material Change of Use - Freight Depot


(i) associated, adjoining or nearby residential uses; or (ii) other types of non-residential uses.

5. The proposed development is in conflict with Land Use Policies 1.3.1, 1.3.2 and 1.3.3 of the Far North Queensland Regional Plan 2009 - 2031.

6. That there are not sufficient grounds to justify an approval, despite the identified conflicts."

THE SITE

The subject site is situated at 94 Malone Road, Mareeba, and is described as Lot 63 on SP217451, Parish of Tinaroo, County of Nares. The site is regular in shape with a total area of 2.354 hectares and is zoned Rural Residential (established under Preliminary Approval REC/08/0014). Historically the site formed part of a larger farm lot until it was split, leaving behind balance Lot 208 on SP261005 situated immediately to the west of the site. A current approval exists over adjoining Lot 208 for the creation of 12 x 2 hectare rural residential allotments (REC/09/0016). The site contains approximately 79 metres of frontage to Malone Road which is constructed to two lane bitumen sealed standard for this entire frontage and back to its intersection with the Kennedy Highway. Access is gained from Malone Road via two (2) access crossovers located in the north-east and south-east corners of the site.




The site is improved by a single dwelling and large processing shed situated at the rear of the site which were previously ancillary to the former fruit orchard on adjoining Lot 208. The processing shed includes fruit packing and refrigeration facilities and is currently being used by JAT Refrigerated Road Services Australia Pty Ltd as a freight depot for the storage and cooling of local produce, pending distribution to southern markets. A second access crossover and driveway has been constructed in the north-east corner of the site to provide JAT with direct access to the processing shed at the rear of the site. A small fruit orchard is established over the front half of the site. Lot 208 which adjoins the site to the west, is considered to be zoned Rural Residential, as are adjoining lots to the south-east, which form part of the larger Emerald Heights rural residential subdivision.

BACKGROUND AND CONTEXT In early May 2014, Council received a complaint alleging that the subject site was being used by JAT Refrigerated Road Services Australia Pty Ltd (the applicants) for the purposes of a freight depot. After witnessing JAT trucks parked on the subject site, Council officers wrote to S & R Brischetto (the landowners) on 22 May 2014 informing them that the operation of a freight depot required a development permit from Council, and to cease the use as there was no effective development permit in place to operate a freight depot from the site. The letter also stated that due to the zoning and size of the subject site, any application submitted to Council seeking a development permit for freight depot would not be supported


by Council officers. The letter went on to warn the landowners that should Council receive any further complaints regarding the use of the site as a freight depot, further enforcement action would be taken by Council. In a letter received by Council on 16 July 2014, S & R Brischetto responded to the abovementioned notice confirming that JAT were attending the subject site to collect primary produce that had been pre-cooled on site for delivery to their Tully depot. On 29 July 2014 Council received a further complaint alleging that JAT Refrigerated Road Services Australia Pty Ltd were continuing to use the subject site as their Mareeba depot and were directed to the company's website which listed the subject site as the location for the JAT Mareeba depot. In response, on 30 July 204 Council officers issued a Show Cause Notice to both S & R Brischetto and JAT Refrigerated Road Services Australia Pty Ltd for carrying out assessable development (freight depot) without an effective development permit. In response to this Show Cause Notice, RPS Australia East Pty Ltd, on behalf of JAT Refrigerated Road Services Australia Pty Ltd have lodged this application seeking a development permit for material change of use - freight depot.

PREVIOUS APPLICATIONS & APPROVALS Council, at its Ordinary Meeting held on 22 October 2008, approved an application made by R & S Brischetto for material change of use - preliminary approval overriding the Planning Scheme over rural zoned land described as Lot 208 on RP744274 (REC/08/0014). Preliminary approval REC/08/0014 allowed Lot 208 to be developed in accordance with the rural residential zone. Under the Rural Residential zoning conferred by this preliminary approval, Council, at its Ordinary Meeting on 3 February 2010 resolved to issue a development permit for reconfiguring a lot - subdivision (1 into 2 Lots) over Lot 208 on RP744274 (REC/09/0015). This reconfiguring a lot approval resulted in the creation of Lot 63 on SP217451 (the subject site) and balance Lot 208 on SP217451. Council, at its Ordinary Meeting held on 18 August 2010, resolved to issue a development permit for reconfiguring a lot - subdivision (1 into 64 Lots) in five (5) stages over Lot 208 on RP744274 (REC/09/0016) (Bellevue Estate). This approval was amended on 21 May 2014 with the number of proposed allotments reduced to 12 Lots over three (3) stages. Lot 63 (the subject site) lies adjacent Lot 208 on SP261005 and are both considered to be zoned Rural Residential for the purposes of the Planning Scheme. Furthermore, development approval REC/09/0016 for reconfiguring a lot - subdivision (1 into 12 Lots) in three (3) stages, remains current over Lot 208 and could be developed with little notice.

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Freight Depot in accordance with the plans shown in Attachment 1.


The applicants (JAT Refrigerated Road Services Australia Pty Ltd) propose the continued operation of a small scale freight depot from the subject site, utilising part of the existing processing shed situated at the rear of the site. The large shed and cool storage facility were previously used as a mango processing shed, however this use has ceased. The freight depot operation utilises approximately one quarter of the shed, including the cool storage facility (cold room), the office, and loading dock located at the western end of the shed. Access to the freight depot operation is gained from Malone Road via a second access crossover in the sites north-west corner, then along a gravel driveway on the north-west side of the site, leading to the shed at the rear. The applicants have stated the following about the freight depot operation:

"While JAT Refrigerated Services prefers to load farm produce direct from farmers to be transported to their Tully depot, currently there is a need approximately three (3) days per week to transport produce to the cool storage facility, to be cooled prior to being loaded on a refrigerated semi for transport to the Tully depot. The use of the cool storage facility on site may vary dependant on clientele established over time."

Freight depot activities operate Monday to Friday from 6am to 6pm and occasionally Saturdays. Farm produce is transported to the site and loaded into the cool storage facility, to be cooled prior to being loaded on a refrigerated semi for transport to the Tully depot. The facility currently cools and transports 10-15 tonnes of produce per day on the three (3) days per week that the cool storage is currently used. On the days that the cool storage is used, the refrigerated semi will require two (2) trips per day from the site. In addition to the truck movements, three (3) trips per day are generally generated by two (2) cars on site by the semi driver and office manager. A refrigerated semi is stored on-site overnight and will not be run overnight. No vehicle maintenance is conducted on-site.

REGIONAL PLAN DESIGNATION

The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The Regional Plan Map 3- ‘Areas of Ecological Significance’ does not identify the site as being of any significance.

PLANNING SCHEME DESIGNATIONS

Strategic Framework designation: Mareeba Dimbulah Irrigation Area

Zone: Rural Residential (under preliminary approval used to create Lot 63 on SP217451)

Overlays

Natural Disaster Bushfire Overlay Natural & Cultural Heritage Features Overlay Airport & Aviation Facilities Overlay


Planning Scheme Definitions The proposed use is defined as:-

Freight depot means the use of premises for a purpose in connection with the transportation of goods by air, road or water including the reception, loading, unloading, transfer, distribution and collection of such goods. The term includes a carrier’s depot and a delivery depot and where carried out in association with the above it includes the garaging, cleansing and servicing but not repair of road transport vehicles with a capacity of two (2) tonnes or less.

RELEVANT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:- (a) Far North Queensland Regional Plan 2009-2031 Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

DRO 1.3 Air and Acoustic Environment Protection


1.3.1 Urban design, industrial and residential subdivision layout, building design and operational practices are adopted that act to minimise air and noise emissions and the impacts of emissions on sensitive land uses.

× The subject site forms part of a developing rural residential area. The freight depot use (currently operating unlawfully from the site) is considered to be an industrial land use and one which has the potential to cause dust and noise nuisance to adjoining and future rural residential allotments. The loading and running of refrigerated transport trucks is likely to cause a noise nuisance, regardless of operating times, while the use of the 260 metre long gravel access driveway by semi-trailer trucks is likely to cause a dust nuisance, as witnessed by Council officers during a drive-by inspection of the site in December 2014. Given the intention to only operate the depot from the site temporarily (maximum 3 years), the applicants have stated that they are unwilling to invest in mitigation measures that could limit the air and noise emissions such as bitumen sealing of internal driveway/truck manoeuvring areas as well as noise buffering. The applicants have proposed to restrict heavy vehicle speed along the access driveway as well as implement a dust suppression sprinkler system over the access driveway/truck manoeuvring areas. However, these mitigation


methods have proven ineffective in the past and their ongoing operation is difficult to enforce. The applicants have also stated that refrigerated trucks will not be run outside business hours, contrary to standard practice by other fresh produce freight depots. The applicants have stated that a refrigerated truck will be kept on the site overnight. If the truck is not run overnight, it will mean earlier start-up times in order to cool the transport container prior to loading fresh produce for transport. Although the operation of the freight depot has not generated any complaints from nearby residences to date, should the business's clientele steadily grow, and the use intensifies over the proposed three (3) year operating period, the likelihood of land use conflicts occurring will also increase, especially if dwelling densities increase in the immediate vicinity due to the approved rural residential subdivision immediately adjacent the site (Bellevue Estate) which currently has a number of lots for sale off the plan. The development is in conflict with Land Use Policy 1.3.1.

1.3.2 Development that generates emissions must be adequately separated or planned, designed, constructed and operated to ensure the impacts of air and noise emissions on sensitive land uses meets the objectives of the Environmental Protection (Air) Policy and the Environmental Protection (Noise) Policy.

× As above, the applicants propose the operation of a freight depot in a developing rural residential area. Freight depot is identified as an inconsistent use within the rural residential zone and would represent an illogical use of the land resulting in the real prospect of ongoing land use conflict, especially if dwelling densities increase within the immediate vicinity (Bellevue Estate). The proposed development is likely to cause noise and dust nuisance to surrounding and future sensitive receptors (dwelling houses). Furthermore, the applicants have indicated that, given the temporary nature of the development (three (3) years), they would not be willing to implement noise and dust mitigation measures suggested by Council officers as a means to limit potential land use conflicts. The development is in conflict with Land Use Policy 1.3.2.

1.3.3 Sensitive land uses should be separated from activities that generate noise and air emissions including commercial, recreational activities such as motor sports, intensive agricultural land uses, major transport facilities and industrial developments to ensure that existing air and noise emitters are not affected by the encroachment of sensitive land uses.

× As above, the applicants propose the operation of a freight depot in a developing rural residential area. Freight depot is identified as an inconsistent use within the rural residential zone and would represent an illogical use of the land resulting in the real prospect of ongoing land use conflict, especially if dwelling densities increase within the immediate vicinity (Bellevue Estate) over the life of the development (three (3) years). The proposed use would be more appropriately sited in an industrial area, or at the very least reasonably separated from rural residential uses.


The development is in conflict with Land Use Policy 1.3.3.

(b) State Planning Policy The Department of State Development, Infrastructure and Planning has introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. As such, this State Planning Policy is not reflected in the Planning Scheme and is therefore applicable to the assessment of the application. An officer assessment of the proposed development against the provisions contained within the SPP has been undertaken and it is not considered to be in conflict with any relevant aspect of the SPP.

Queensland State Planning Policy

State Interest Complies Assessment Requirements & Comments

Natural hazards

A development application for a material change of use, reconfiguring a lot or operational works on land within:

(1) a flood hazard area, or

(2) a bushfire hazard area, or

(3) a landslide hazard area, or

(4) a coastal hazard area.

For all natural hazards:

Development:

(1) avoids natural hazard areas or mitigates the risks of the natural hazard, and

(2) supports, and does not unduly burden, disaster management response or recovery capacity and capabilities, and

(3) directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties, and

(4) avoids risks to public safety and the environment from the location of hazardous materials and the release of these materials as a result of a natural hazard, and

(5) maintains or enhances natural processes and the protective function of landforms and vegetation that can mitigate risks associated with the natural hazard, and

Comment

The Mareeba Shire Planning Scheme 2004 does not include mapping for landslide or flood hazard purposes. The draft TRC Planning Scheme does include mapping for both of these hazards and the subject land is not identified as being impacted by either hazard. The Mareeba Shire Planning Scheme 2004 Bushfire Hazard Overlay mapping places the majority of Lot 63 into the low hazard category. A small sliver of Lot 63, adjacent to Malone Road, is mapped as medium hazard. The draft TRC Planning Scheme bushfire mapping shows the entirety of the subject land as low hazard. The proposed development would comply with this aspect of the SPP.


(c) Mareeba Shire Planning Scheme 2004 (amendment no. 01/11) Relevant Desired Environmental Outcomes


(c) Adverse effects from development on the natural environment are minimised with respect to the loss of natural vegetation, soil degradation, air and water pollution due to erosion, dust and chemical contamination, dispersal of pollutants, effluent disposal and the like.

× The applicants propose the operation of a freight depot in a developing rural residential area. Freight depot is identified as an inconsistent use within the rural residential zone and would represent an illogical use of the land resulting in the real prospect of ongoing land use conflict, especially if dwelling densities increase within the immediate vicinity (Bellevue Estate). The proposed development is likely to cause noise and dust nuisance to surrounding and future sensitive receptors (dwelling houses). Furthermore, the applicants have indicated that, given the temporary nature of the development (three (3) years), they would not be willing to implement noise and dust mitigation measures considered both reasonable and relevant by Council officers.

(f) The amenity and safety of land uses adjoining industrial estates and agricultural areas adjoining urban centres are protected from potential noise and air pollution.

× The proposed development is considered to be a light industrial land use and will be sited within a developing rural residential area. Should dwelling densities increase within the immediate surrounds over the life of the development (three (3) years), land use conflicts are likely to occur. The proposed development benefits the applicants and landowners only, with no identified benefit to the immediate surrounding locality.

(r) The identification and protection of the amenity of noise sensitive development and liveability of residential areas.

× As above, the applicants propose the operation of a freight depot in a developing rural residential area. Freight depot is identified as an inconsistent use within the rural residential zone and would represent an illogical use of the land resulting in the real prospect of ongoing land use conflict, especially if dwelling densities increase within the immediate vicinity (Bellevue Estate). The proposed development is likely to cause noise and dust nuisance to surrounding and future sensitive receptors (dwelling houses). Furthermore, the applicants have indicated that, given the temporary nature of the development (three (3) years), they would not be willing to implement noise and dust mitigation measures considered both reasonable and relevant by Council officers.


Relevant Development Codes

The following Development Codes are considered to be applicable to the assessment of the application:

Part 4, Division 8 Rural Residential Zone Code Part 5, Division 8 Natural Disaster - Bushfire Overlay Code Part 6, Division 5 Car Parking Code Part 6, Division 15 Landscaping Code

Relevant Codes Comments

Rural Residential Zone Code

The application is in conflict with the following acceptable/probable solutions/performance criteria contained within the code:

Specific Outcome S5 - Non-residential uses and amenity

Refer to planning discussion section of report.

Natural Disaster Bushfire Overlay Code

The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code.

Car Parking Code The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code.

Landscaping Code The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code.

(e) Planning Scheme Policies The following planning scheme policies are relevant to the application: No. 4 - Development Manual Should the application be approved against the recommendation, a condition should be attached to any approval requiring all development works to be designed and constructed in accordance with the FNQROC Development Manual. (f) Additional Trunk Infrastructure Condition - Road Infrastructure (Section 650 of

SPA) The proposed development will result in an increase in both light and heavy vehicle traffic along the Council controlled Malone Road. As such, in accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, a contribution will be payable towards the upgrade of Malone Road. The application is recommended for refusal. Should Council wish to approve the application against this officer's recommendation, a supplementary report will be presented to Council which will include Augmentation of the Road Network Contribution calculations.


REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies. Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Engineering - Access Environmental Health - Noise and dust nuisance, mitigation strategies PUBLIC NOTIFICATION The development proposal was placed on public notification from 12 January 2015 to 4 February 2015. The applicant submitted the notice of compliance on 6 February 2015 advising that the public notification requirements were carried out in accordance with the requirements of the Act. One properly made submission was received which generally supported the application; however one concern was raised as outlined below. The grounds for objection/support are summarised and commented on below: Objection

1. The submitter raised concerns regarding the current condition of the Malone Road/Kennedy Highway intersection and Malone Road itself, and the ability of the intersection and road to sustain increased light and heavy vehicle traffic generated by the proposed freight depot.

Planning Officer Comment:

Malone Road is constructed to two lane bitumen sealed standard with a seal width of approximately 6.5 metres and the intersection of Malone Road with the Kennedy Highway is a State controlled intersection and contains a decelerating lane to accommodate vehicles turning onto Malone Road.

The proposed light and heavy vehicle traffic associated with the proposed development is considered to be minimal when compared to existing light and heavy vehicle traffic using both the road and intersection, including cane hauling trucks and household vehicles. Notwithstanding this, vehicle traffic along Malone Road will slightly increase as a result of the development, and therefore an augmentation of the road network contribution is payable in accordance with Planning Scheme Policy 9.

Should Council wish to approve the application against the officer recommendation, a supplementary report will be presented to Council which will include Augmentation of the Road Network Contribution calculations.


Submitters

PLANNING DISCUSSION

Noncompliance with the relevant acceptable solutions or probable solutions/performance criteria of the following Codes are summarised as follows: Rural Residential Zone Code 4.40 Uses Consistent or Inconsistent with the Outcomes Sought for the Rural

Residential Zone (1) In accordance with section 4.47, a defined use that is inconsistent with the

outcomes sought for the Rural Residential zone is noted in column 1 of table 7. Comment The tables of assessment for the Rural Residential zone (table 7), list a freight depot as an inconsistent impact assessable use within this zone. A freight depot use is considered to be, at minimum, a light industrial land use and should therefore be located within the ample industrial land available within the Mareeba Township, as are other similar freight depot operations. Approval of such a development would represent an illogical use of the land, as well as poor town planning resulting in the real prospect of ongoing rural residential land use conflict, especially if dwelling densities increase within the immediate vicinity (Bellevue Estate) over the three (3) year life of the development. This particular land use, even at the intensity and scale proposed, has the potential to cause noise and dust nuisance, impacting on the amenity of the rural residential area. The proposed use is inconsistent with the intent of the Rural Residential Zone.

4.44 Overall Outcomes for Rural Residential Zone Code

(1) The overall outcomes are the purpose of the Rural Residential zone code. (2) The overall outcomes sought for the Rural Residential zone code are to achieve

an area:

(b) where very low density housing prevails, with some rural pursuits that are compatible with residential living;

(i) which makes effective use of the land and the services provided to enable

the functioning of the zone.

Name of principal submitter Address 1. Warren Cotter 1 Emerald Heights Road - [email protected]

mailto:[email protected]


Comment The subject site and all adjacent allotments are zoned Rural Residential and are either already developed or approved for development into 2 ha (approx.) rural residential allotments. As outlined in the Rural Residential zone's Overall Outcomes, the zone allows for very low density residential development as well as rural pursuits (tree cropping, animal keeping) that are of a scale and intensity compatible with the amenity of the rural residential zone. The applicants propose the operation of a light industrial land use (freight depot) which is not considered to be compatible with the amenity of the rural residential area. Allowing the freight depot operation to continue to operate from the subject site would represent an illogical use of the land as well as poor town planning, and would create an opportunity for future land use conflict to occur. Despite the fact that the business has been operating from the site without complaint, as the business's clientele steadily grows over their proposed three (3) year operating period, the likelihood of land use conflict occurring will no doubt increase, especially considering that the applicants have no control over the timeframes for development of the adjoining "Bellevue Estate" rural residential subdivision. The development conflicts with the Overall Outcomes contained within the Rural Residential zone.

4.45 Building Siting, Scale and Amenity S5 Non-residential uses and amenity

(a) non-residential uses are located, designed and operated to avoid significant adverse changes to the light, noise, dust, odours, traffic conditions or other physical conditions experienced by occupants of:

(i) associated, adjoining or nearby residential uses; or (ii) other types of non-residential uses.

Comment The proposed development is impact assessable and is therefore assessable against the entire Planning Scheme; including the codes specific outcomes irrespective of whether or not the application can comply with the probable solution/s associated with that specific outcome. The applicants propose the operation of a freight depot in a developing rural residential area. Freight depot is identified as an inconsistent use within the rural residential zone and would represent an illogical use of the land resulting in the real prospect of ongoing land use conflict, especially if dwelling densities were to increase within the immediate vicinity over the three (3) year life of the development (Bellevue Estate). The proposed land use has the potential to cause ongoing noise and dust nuisance as well as increase heavy vehicle movements along Malone Road.


The development has the potential to adversely impact on the amenity of the surrounding rural residential area and is therefore in conflict with specific outcome S5.

Conclusion Approval of such a development within a developing rural residential area is likely to result in the real prospect of ongoing land use conflict, in particular, from noise and dust nuisance created by the use. The applicants have stated that they are not willing to seal the internal driveway and truck manoeuvring areas, or establish any noise buffering, due the use being proposed for a maximum period of three (3) years. The applicants have proposed a sprinkler system be incorporated over the existing gravel driveway and truck manoeuvring areas as a dust prevention measure, however, past experience with this method of dust suppression has proven unsuccessful in fully mitigating dust nuisance and can become quite difficult and time consuming for Council to enforce. If Council was prepared to consider a time limited approval, stringent conditions would have to be placed on the development in order to minimise potential noise and air emissions. These conditions would include:

Bitumen sealing all internal driveways, parking areas and truck manoeuvring areas.

Bitumen sealing access crossover/s

Planting of landscape buffering or construction of solid screen fencing along the site's western boundary.

Restricting hours of operation, including the running of any refrigerated transport trucks to the hours of 8am - 6pm.

Limiting the maximum days of operation to three (3) days per week with four truck movements per day.

Strictly no running of refrigerated transport trucks outside the hours of 8am - 6pm.

The automatic cessation of the use on site upon occupation of the first dwelling in the adjacent approved rural residential estate.

The continued operation of the freight depot from the subject site serves to benefit the applicant and land owner only, with no identified benefit to the surrounding locality. The Mareeba Township contains ample industrial land suited for, and currently accommodating this type of land use, and approval of such a development within a rural residential area is likely to set a negative precedent for the planning of similar development in the future. Conditioning the development to this extent will no doubt impact on the ongoing operation of the freight depot and prove relatively costly for the applicant. The limitations and the cost to comply with the conditions which are necessary to minimise the risk of land use conflict are not considered particularly reasonable given the need to time limit the approval. Considering the above, and the fact that any approval would temporarily postpone an inevitable move to a more suitable location, the application is recommended for refusal. Date Prepared: 23 March 2015


ATTACHMENT 1 APPROVED PLANS (ECM VS 3610944)


ATTACHMENT 2


GOVERNANCE AND COMPLIANCE

ITEM-4 SURRENDER OF TWO (2) NON COMPETITIVE LEASES AT CHILLAGOE


MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Development & Governance DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

This report formalises the proposal discussed with Council during the Service Level Review workshop held on 5 March 2015 to surrender two (2) Non Competitive Leases at Chillagoe with a budget saving of $7,622 per year.


"That Council surrender the two Non Competitive Leases held by it at Chillagoe over Lots 1 and 2 MPH30674 - NCL 0/212210 and NCL 0/212211."

BACKGROUND

At the Service Level Review workshop held on 5 March 2015, one of the proposals put forward for Council's consideration was the surrender of two (2) Non Competitive Leases (NCL's) held by it at Chillagoe. The two (2) parcels of land (Lots 1 and 2 MPH30674) are located on the north-western side of Chillagoe adjacent to the Burke Developmental Road. It is not known what the intended use was when the former Mareeba Shire Council originally took up the leases but it has been suggested that they may have been earmarked as a potential future Roadhouse site. The current annual rental cost payable to the State Government is $7,622. Given that there are currently no future plans to develop anything on the land and in view of Council's intention to also sell all of the land in the Chillagoe Industrial Estate, there appears no good reason to continue leasing the blocks and paying the State Government $7,622 per year rental. It is therefore recommended that the two (2) leases be surrendered.


GOV 3 - Undertake a whole of Council service level review to establish sustainable operational costs across core local government business and consult with communities.


CONSULTATION

Internal Previously workshopped with Council External Nil

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL, RISKS)

Nil

POLICY IMPLICATIONS

Nil


There will be an annual budget saving of $7,622 if Council surrenders the leases. IMPLEMENTATION/COMMUNICATION

Subject to the report recommendation being adopted, the State Government will be advised of Council's desire to surrender the leases.

ATTACHMENTS

1. Copy of Survey Plan SP233811. 2. Copies of Quarterly Land Rent accounts for NCL 0/212210 and NCL 0/212211 Date Prepared: 10 March 2015


ATTACHMENT 1


ATTACHMENT 2


FINANCE

ITEM-5 HEALTH AND LOCAL LAWS FEES 2015-16 DOCUMENT INFORMATION

MEETING: Ordinary


REPORT OFFICER’S TITLE: Coordinator Environmental Health and Local Laws DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

This report presents the recommended 2015/16 cost recovery fees for Environmental Health, Animal Management and Local Laws Activities for Council's consideration and endorsement. The process costs as calculated for the cost recovery fees for 2015/2016 are included. The fees listed include current fees, calculated or process costs and the proposed fees. Renewal notices for food licences are to be issued 60 days before they expire while renewals for animal registrations and other activities are issued at least 30 days before expiry.


"That Council:

1. Adopt the proposed fees as listed for Animal Management, Environmental Health and Local Laws Activities; and

2. Endorse the ongoing arrangement in place whereby new applications received for

licences, registrations and approvals on or after 1 April each year are given an extended currency period to 30 June in the following financial year.”

BACKGROUND

The basis for the cost recovery fees has been to calculate actual costs to provide the service. Section 97 of Local Government Act 2009 prescribes the circumstances where a Local Government may set a cost-recovery fee. This section also prescribes that a cost- recovery fee must not be more than the cost to the local government of taking the action for which the fee is charged.


Section 52 of the Animal Management (Cats & Dogs) Act 2008 requires local governments to include a de-sexing incentive when setting fees for animal registration. In this case, Council charges a higher fee for entire animals and a significantly lower fee for de-sexed animals. The extended currency period results in a 15 month currency period for an approval that would ordinarily be for twelve months. This strategy satisfies most customers as it means that they are not issued with a renewal notice for an approval that was obtained in the last quarter.


ENV 2 - Maintain a proactive response to public health and safety matters including incorporating CPTED (Crime Prevention Through Environmental Design) principles in town centres and commercial developments.

CONSULTATION

Internal Management Accountant - Anthony Archie Manager Finance - Elisa Tatti Manager Development and Governance - Alan Lambert External Nil


Council must be able to demonstrate that the cost recovery fees are no more than the cost of providing the service. Council is able to set a fee that is lower than the calculated cost where it is deemed appropriate.

POLICY IMPLICATIONS

Nil


Capital NIL Operating Nil Is the expenditure noted above included in the 2014/2015 budget?

Nil

If not you must recommend how the budget can be amended to accommodate the expenditure Nil



The cost recovery fees will be included in the schedule of cost recovery fees 2015/2016 and will be published on Council's Website.

ATTACHMENTS

1. Proposed Local Laws and EHO Fees for 2015/16. Date Prepared: 24 March 2015


ATTACHMENT 1


INFRASTRUCTURE SERVICES

TECHNICAL SERVICES

ITEM-6 TRAFFIC ADVISORY COMMITTEE - MINUTES OF MEETING HELD 17 MARCH 2015


MEETING: Ordinary


REPORT OFFICER’S TITLE: Director Infrastructure Services DEPARTMENT: Infrastructure Services

EXECUTIVE SUMMARY

Minutes of the Mareeba Shire Council Traffic Advisory Committee Meeting held on Tuesday, 17 March 2015 are presented for Council’s information. The action items presented in the minutes of the Traffic Advisory Committee (TAC) are recommendations to Council. Council's endorsement or contrary view of the recommendations is required.


"That Council notes the TAC meeting minutes of 17 March 2015, and resolves to:

1. In respect to Item 14.09-05, Council officers relocate the "No Parking" sign located adjacent to the Walsh and Hort Street intersection outside the Mareeba Police Station closer to the first car parking bay to clearly identify the parking area;

2. In respect to Item 15.03-02, Council remove the car park on the northern side of the Post Office exit on Railway Avenue improving visibility for vehicles looking to the right when exiting;

3. In respect to Item 15.03-03, Council write to the Minister for Transport and Main

Roads expressing the need for additional vehicle overtaking lanes to be constructed on the Kennedy Highway between Mareeba and Kuranda due to the increased volume of vehicles and numerous complaints of driver behaviour received by QPS;

4. In respect to Item 15.03-11, Council investigate the installation of "Reduce Speed" signs on Springs Road on the western side of the McMillian Road intersection."


BACKGROUND

The Traffic Advisory Committees (TAC) is a consultative committee of Council established to raise community and other representative body concerns in relation to traffic conditions with Council and the Department of Transport and Main Roads.


COM 3 - Encourage the building of strong partnerships with community, private sector and government so as to build community capacity and develop strategies to encourage and support leadership and self-responsibility in the community

CONSULTATION

Internal Nil External Nil


Nil

POLICY IMPLICATIONS

Nil


Capital Nil Operating Internal resources for investigation and follow up actions. Is the expenditure noted above included in the 2014/2015 budget?

Nil


Nil

ATTACHMENTS

1. Minutes of the Mareeba Shire Council Traffic Advisory Committee Meeting held 17 March 2015

Date Prepared: 20 March 2015


ATTACHMENT 1


ITEM-7 EXTENSION OF MACKAY SUGAR PERMIT PROVISION FOR B-DOUBLE ACCESS INCLUDING THE 2015 CANE HARVESTING SEASON


MEETING: Ordinary


REPORT OFFICER’S TITLE: Project Manager DEPARTMENT: Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY

To ascertain Council's position in regard to extending Mackay Sugar permit provisions for continuing B-Double access to additional local road routes initially approved for a three (3) month operational trial during the 2014 cane harvesting season. With the 2015 cane harvesting season scheduled to commence in mid to late May, Mackay Sugar has applied through the National Heavy Vehicle Regulator (NHVR) seeking Council authorisation for continued access and permit approval for B-Double operations on the additional local road routes.


"That Council approve B-Double access to the extended routes for a period of one (1) year taking into account the 2015 sugar cane harvesting season and retain the travel and operating conditions imposed for the 2014 trial under Permit 6778."

BACKGROUND

Council granted conditional trial access for B-Double operations on local road routes following a systematic assessment and reporting process. At a Council workshop held on 4 June 2014, a number of roads were rejected for B-Double access and specific operating conditions applied to the additional local roads approved for trial access under the provisions of the Heavy Vehicle National Law (HVNL). At the request of Mackay Sugar the B-Double access trial period was extended for a further three (3) months until the end of the 2014 season and expiring 11 February 2015. The decision to approve an operational B-Double trial over an extended local road network was influenced by Council's general desire to support its major rural industries where practicable and in the case of the local Canegrowers enable improved transport efficiency in order to help maintain their economic viability. Mackay Sugar has applied to the NHVR for continued access to additional roads listed for operational trial under Permit 6778.


In 2014 initial assessment of the local roads indicated deficiencies in overall traffic environments and noted that;

'Many of the roads listed had sections of poor horizontal and/ or vertical geometry, restricted road widths and questionable road base capacities, the prevailing road characteristics not particularly ideal for sustaining either B-Double or semi-trailer operations.

Justification for approval of the extended B-Double routes listed for trial under Permit 6778 contended that low traffic volumes and local resident awareness of the seasonal harvesting activities within the individually contained traffic environments constituted a reasonable offset to the risk posed by restricted road widths and poor geometry. Additional travel conditions were imposed to manage the risk associated with B-Double cane hauling operations and improve road safety, including;

A 60km per hour speed limit for B-Doubles

Schools and school bus companies to be advised of harvesting schedules

Two-way radio contact protocols established with school bus operators

Installation of temporary warning signage to increase awareness of B-Double operations

PERMIT 6778: Local Roads Approved For Trial B-Double Access 2014 Harvest Season

Fichera Road

Traffic Control Tinaroo Creek Bridge Springs Road Barbetti Road

Lockwood Road

Dust Suppression Watering McMillan Road Algoma Road

Henry Hannam Drive

Kennedy Highway to Lot 478 RP865099 Rains Road Fumar Road

Shanty Creek Road

To Lot 48 RP865099 Fassio Road Robinson Road

Ray Road

Access Via Vicary Road Only McBean Road Walsh Road

Narcotic Creek Road

To Healy Road Only Healy Road Craig Road

Hawkins Road

Dust Suppression Watering Bryde Road Bruce Weir Road

Middle Creek Road

Via Western End of Springmount Road Collins Weir Road

Leadingham Creek Road

To Metzger Road Only Metzger Road


While initial assessment identified that many of the roads had sections exhibiting varying degrees of rutting and cracking failure, there has been no apparent evidence, in comparison to the alternate semi-trailer operations, that extended B-Double operations has had a greater impact on deteriorating pavement conditions. Anecdotal evidence and experience however tells us that higher heavy vehicle volumes will over-time negatively impact on road condition. Councils Asset section drove the extended B-Double road routes in July 2014 photographing existing pavement condition at 20 metre intervals. In the course of the 2014 cane harvesting season, Council Officers monitored road performance and compliance to the terms and conditions of permit by the haulage contractor QUBE. Officers have attempted to gauge public perception and acceptance of extended B-Double operations through feedback received from affected local residents. Examination of Council's internal customer request records indicated no increase in complaints or correspondence directly attributable to the decision to extended B-Double operations across a wider local road network. Correspondence received by Council has tended to be in relation to cane hauling operations in general and triggered by the impact of increased heavy vehicle volumes associated with yearly cane hauling activities. General issues raised in relation to cane hauling activities include; Lockwood Road, Collins Weir Road and Hawkins Road A number of customer requests were received regarding excessive dust created by sugar cane hauling activities and concerned with road safety and visibility issues on the gravel roads. Council was unable to enforce Mackay Sugar undertake dust suppression watering of Lockwood Road when it was hauling with as-of-right semi-trailer combinations after being refused B-Double access initially. Conditional B-Double access approval was later negotiated for Fichera and Lockwood Roads utilising traffic control to negate the risk associated with the road approaches to the single lane Tinaroo Creek Bridge. The resulting permit conditions stipulated a requirement for Mackay Sugar to undertake dust suppression watering on the gravel section of Lockwood Road. In regards to Collins Weir Road Council contacted Mackay Sugar on two (2) occasions to remind Mackay Sugar of their permit obligations and enforce dust suppression watering to address safety concerns. Hawkins Road is the subject of dust complaints every year during cane harvesting season. Officers have been advised that Hawkins Road canegrowers are contracted to both the Tablelands and Mossman Mills. Julatten, Mt Molloy and Euluma Creek Road Area Council approval did not extend to allowing B-Double access onto local roads in the Mt Molloy and Julatten areas.


Council has received further correspondence from JAMARR and local Mt Molloy/ Julatten residents critical of the decision to transport cane to the Mossman Mill rather than utilising the Tablelands Mill. Correspondence primarily outlines safety and road deterioration issues associated with increased heavy vehicle volumes and B-Doubles operations on the Transport Main Roads controlled Mulligan Highway and Mossman-Mt Molloy Road. In January 2015 Council received email correspondence from Julatten resident Mr Rose critical of the entire assessment and approval process and outlining problems deemed to be a consequence of cane hauling activities attributable to B-Double operations on state roads and semi-trailer operations on local roads. The attached correspondence cites issues of concern including;

trucks crossing double white lines

speeds not compatible with the road environment

infrastructure damage - kerbs and guide posts The B-Double issues at Mt Molloy and Julatten are Transport Main Roads responsibility. Under the provisions of the Heavy Vehicle National Law the relevant road manager has the right to amend, cancel or suspend authority granted by permit at any time. Expired Permit 6778 is attached and applied to the 2014 cane harvesting season only.


ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community.

CONSULTATION

Internal Technical Services Group External Tableland Canegrowers Mackay Sugar QUBE Logistics


Nil

POLICY IMPLICATIONS

Nil



Nil


Nil

ATTACHMENTS

1. Expired Mackay Sugar Permit 6778 for extended B-Double route access; 2. Correspondence received from Mr Rose; Date Prepared: 24 March 2015


ATTACHMENT 1


Email from Dennis Rose extracted from letter received from Lorne Cubit dated 16 January 2015

ATTACHMENT 2


ITEM-8 SIMULTANEOUS ROAD OPENING & CLOSING TO ADDRESS REALIGNMENT OF DEDICATED ALIGNMENT OF ROAD AREA TO THE CONSTRUCTED ALIGNMENT AT LOT 80 HG93 - BRAUND ROAD, DIMBULAH


MEETING: Ordinary


REPORT OFFICER’S TITLE: Civil Engineer DEPARTMENT: Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY

The Department of Natural Resources and Mines (DNRM) is investigating further dealing with unallocated state land Lot 80 on HG93. DNRM noticed sections of Braund Road have been constructed off the dedicated road reserve and requests Council to advise if an application will be sought to create a simultaneous road opening and closing in order to align the road reserve with the actual alignment of the road.


"That Council advise the Department of Natural Resources and Mines that it does not wish to proceed with a simultaneous road opening and closure application over Lot 80 HG93, Locality of Dimbulah, Parish of Leadingham."

BACKGROUND

Lot 80 HG93 is a 45.224 ha unallocated lot of state land that abuts the Braund Road reserve. Portions of Braund Road have been constructed outside of the road reserve through Lot 80 and the adjoining lots - refer attachment 2. DNRM is currently investigating further dealings with Lot 80 and wishes to know if Council intends to pursue an application for simultaneous road openings and closings in order to align the road reserve with the constructed alignment of Braund Road. The biggest issue if Council were to undertake this application is the existence of an additional 6.75 km of Braund Road constructed outside of the road reserve that would also need to be surveyed and subject to simultaneous road closure and opening applications - refer attachment 3. A further issue is that the road reserve passes close to buildings on Lot 79 that would require their partial removal - refer attachment 4. The consequences for Council going ahead with this application would be the need to pay for the survey of 7.2 km of road reserve and make twelve separate applications (for each affected property) to DNRM to align the road alignment with the road reserve.



ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans development for all infrastructure asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community.

CONSULTATION

Internal Manager Technical Services Senior Planner External Land Administration Officer, Department of Natural Resources and Mines


Nil

POLICY IMPLICATIONS

Nil




Following publication of Council minutes prepare and send communication to the Department of Natural Resources and Mines advising of Council’s decision and investigate the possibility of realigning Braund Road with the road reserve.

ATTACHMENTS

1. Email from DNRM dated 5 March 2015 2. Road reserve and actual road alignment through lot 80 and adjoining properties; 3: Road reserve and actual road alignment for the full length of Braund Road; 4: Senior Planner's comments. Date Prepared: 20 March 2015


ATTACHMENT 1

Email from DNRM dated 5 March 2015

From: SHARPE Doreen [[email protected]] Sent: Thursday, 5 March 2015 8:44:05 AM To: Info (Shared) Subject: DNRM submit request for Council response by 13/04/2015 concerning submission of simultaneous

road opening and closing to address realignment of dedicated alignment of road area to the constructed alignment at Lot 80 HG93 - Braund Road, Dimbulah

Our Ref: 2014/006631

Property Section

Hello

The department is currently investigating further dealing with unallocated State land parcel described as lot 80 on HG93 located on Braund Road, Dimbulah.

As shown on the attached cadastre overlay, the department has found that parts of Braund Road, Dimbulah appear to have been constructed off the dedicated road alignment onto the adjoining properties, including lot 80 on HG93.

The issue of the road area being constructed on lot 80 on HG93 needs to be taken into consideration by this department as part of the investigations into further dealing with that parcel.

To realign the dedicated alignment of the road area to the constructed alignment, Council can submit an application to the department for a simultaneous road opening and closure of the areas affected, for investigation.

Please note, Council would need to discuss the matter with the adjoining owners seeking their consent to the application.

For your information I have attached a fact sheet summarising the process.

In this regard, could you please advise by 13 April 2015, if Council would be prepared to submit an application for a simultaneous road opening and closure over the road areas affected, for investigation and processing.

Application forms and fees, departmental policies can be accessed at the following:

http://www.qld.gov.au/environment/land/state/forms/.

If you have any questions please contact me.

Regards

Doreen Sharpe Land Officer, Land Management, Ipswich Department of Natural Resources and Mines

Telephone: (07) 3894 8114 Email: [email protected] PO Box 864, Ipswich Q 4305 Level 4, 117 Brisbane Street, Ipswich

http://www.qld.gov.au/environment/land/state/forms/



ATTACHMENT 2

Road reserve and actual road alignment through lot 80 and adjoining properties


ATTACHMENT 3

Road reserve and actual road alignment for the full length of Braund Road


ATTACHMENT 4

Actual road alignment and road reserve close to buildings in Lot 79


ATTACHMENT 5

SENIOR PLANNERS COMMENTS

Darren, I don't have an objection to the adjustment of the road reserve to follow the actual road formation. We would need to make sure any new section/s of road reserve remain connected to the adjoining road reserves. The other question would be, is the existing meandering off alignment road formation actually in the best location? I suspect that there would be a considerable surveying cost associated with the application process. Regards Brian Millard Senior Planner Planning Section, Development & Governance Group

Phone: 1300 308 461 | Direct: 07 4086 4657 | Fax: 07 4086 4733 Email: [email protected] | Website: www.msc.qld.gov.au 65 Rankin Street, Mareeba | PO Box 154, Mareeba, Queensland, Australia, 4880



http://www.msc.qld.gov.au/



ITEM-9 APPLICATION FOR PERMANENT ROAD CLOSURE OVER PART OF MAREEBA-ATHERTON ROAD ADJOINING LOT 1 ON RP735702


MEETING: Ordinary


REPORT OFFICER’S TITLE: Civil Engineer DEPARTMENT: Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY

This application requests to permanently close an unused section of the Mareeba Atherton Road reserve abutting Lot 1 on RP735702 , covering an area of 0.316 ha referred to as Lot A. The purpose is to use the road reserve to cover a building encroachment.


"That Council advise the Department of Natural Resources and Mines that it has no objection to the permanent road closure of an area of about 0.316 ha (Lot A) being an unused portion of Mareeba Atherton Road abutting Lot 1 on RP735702, Locality of Mareeba, Parish of Tinaroo as shown on the Department of Natural Resources and Mines Preliminary Plan CNS15/014P dated 2 March 2015."

BACKGROUND

Lot 1 on RP735702 is a 2 ha rural allotment zoned rural agricultural that abuts an unused portion of the Mareeba Atherton Road reserve. An application for a permanent road closure was received from the Department of Natural Resources and Mines to resolve a building encroachment onto the road reserve from Lot 1. There are no plans to use this section of road reserve and it is considered reasonable for this permanent road closure to proceed.


ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans development for all infrastructure asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community.


CONSULTATION

Internal Manager Technical Services Senior Planner External Land Administration Officer, Department of Natural Resources and Mines


Nil

POLICY IMPLICATIONS

Nil




Following publication of Council minutes prepare and send communication to the Department of Natural Resources and Mines advising of Council’s decision.

ATTACHMENTS

1. Application for permanent road closure over road adjoining Lot 1 on RP735702 2: Email from the Senior Planner. Date Prepared: 20 March 2015


ATTACHMENT 1


ATTACHMENT 2

Darren, There is no planning objection to the closure. It is required because of a building encroachment. Regards Brian Millard

Senior Planner Planning Section, Development & Governance Group

Phone: 1300 308 461 | Direct: 07 4086 4657 | Fax: 07 4086 4733 Email: [email protected] | Website: www.msc.qld.gov.au 65 Rankin Street, Mareeba | PO Box 154, Mareeba, Queensland, Australia, 4880

Go green, keep it on screen - think before you print






ITEM-10 STORMWATER DRAINAGE ISSUES ON PRIVATE PROPERTY - 20 ANZAC AVENUE, MAREEBA CONFIDENTIAL

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 275(1)(f) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following:

(f) starting or defending legal proceedings involving Council.


CHIEF EXECUTIVE OFFICER

ITEM-11 ATTENDANCE AT NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT


MEETING: Ordinary


REPORT OFFICER’S TITLE: CEO DEPARTMENT: Office of the Chief Executive Officer

EXECUTIVE SUMMARY

The National General Assembly of Local Government (NGA) is held in Canberra each year, targeted at Mayors, Councillors, and CEOs. The NGA presents local government as a whole with an opportunity to consider the range of issues being raised. The 2015 event will be held on the 14-17 June 2015. The purpose of this report is to obtain Council approval for the attendance of Cr Jensen at the NGA.


"That Council approves the attendance at the 2015 National General Assembly of Local Government (NGA) by Cr Jensen."

BACKGROUND

As stated above the NGA is held annually in Canberra. The 2015 event will be held on 14-17 June 2015 and is targeted at Mayors, Councillors and CEO's.


COM 3: Encourage the building of strong partnerships with community, private sector and government so as to build community capacity and develop strategies to encourage and support leadership and self-responsibility in the community.

CONSULTATION

Internal Councillors CEO External Nil



Nil

POLICY IMPLICATIONS

Nil


Capital Nil Operating The cost for this conference is catered for in the 2014/15 Budget Is the expenditure noted above included in the 2014/2015 budget?

Yes


Staff will make the necessary bookings.

ATTACHMENTS

Nil Date Prepared: 25 March 2015


BUSINESS WITHOUT NOTICE

NEXT MEETING OF COUNCIL

The next meeting of Council will be held at Chillagoe 10:00 am on Wednesday 15 April 2015

Council meeting agenda 01 04 15 ord

Documents

Transcript of Council meeting agenda 01 04 15 ord