Council meeting agenda 3 june 2015

Ordinary Meeting

Council Chambers Date: 3 June 2015

Time: 9:00am

AGENDA

THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 03 JUNE 2015 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda Wednesday 03 June 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 Sharprock Pty Ltd - Material Change of Use - Industry (Composting)

Associated Operational Works and ERA 53 (Composting and Soil Conditioner Manufacturing) - Lot 302 SP223154 - Mulligan Highway, Biboohra - DA/15/0008 .............................................................................................................. 5

ITEM-2 Nooravi Superannuation Fund - Material Change of Use - Business (Office) - Lot 1 RP718213 - 18 Thongon Street, Kuranda - DA/15/0021 ................................ 49

ITEM-3 2015/2016 Fees and Charges for Urban and Regional Planning ............................ 67

GOVERNANCE AND COMPLIANCE ........................................................................................ 75 ITEM-4 Operational Plan 2015/2016 ................................................................................... 75

ITEM-5 Mareeba Industrial Estate Tenders for Purchase of Land ....................................... 89

ITEM-6 Raleigh Street Dimbulah Community Centre .......................................................... 91

BUILDING AND PLUMBING SERVICES................................................................................. 101 ITEM-7 2015/2016 Building and Plumbing Fees ............................................................... 101

LOCAL LAWS ......................................................................................................................... 119 ITEM-8 Graham Hotel Extension to Licensed Area 10 July 2015 ...................................... 119

COMMUNITY WELLBEING..................................................................................................... 123 ITEM-9 Regional Arts Development Fund ......................................................................... 123

ITEM-10 TCASS Subcontract Expression of Interest..................................................... 127

INFRASTRUCTURE SERVICES ................................................................................................ 131

TECHNICAL SERVICES ......................................................................................................... 131 ITEM-11 Panel of Preferred Providers - 2015-2016 Occasional Plant Hire - EOI-

MSC2015-02 ........................................................................................................ 131

ITEM-12 Request to Rename Watkins Place, Mt Molloy ............................................... 139

WATER & WASTE .................................................................................................................. 143 ITEM-13 Mareeba Waste Management Collection Policy .............................................. 143

ITEM-14 QMSC2015-11 to 14 Contract Operator - MSC Region Waste Transfer Station Operations ................................................................................................ 157

ITEM-15 Trade Waste Policy ......................................................................................... 159

BUSINESS WITHOUT NOTICE .................................................................................................. 187

NEXT MEETING OF COUNCIL .................................................................................................. 187


CORPORATE AND COMMUNITY SERVICES

REGIONAL LAND USE PLANNING

ITEM-1 SHARPROCK PTY LTD - MATERIAL CHANGE OF USE - INDUSTRY (COMPOSTING) ASSOCIATED OPERATIONAL WORKS AND ERA 53 (COMPOSTING AND SOIL CONDITIONER MANUFACTURING) - LOT 302 SP223154 - MULLIGAN HIGHWAY, BIBOOHRA - DA/15/0008

DOCUMENT INFORMATION MEETING: Ordinary MEETING DATE: 3 June 2015 REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS

APPLICATION PREMISES

APPLICANT Sharprock Pty Ltd ADDRESS Mulligan Highway, Biboohra

DATE LODGED 6 February 2015 RPD Lot 302 on SP223154

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use - Industry (Composting), Associated Operational Works and ERA 53 (Composting and Soil Conditioner Manufacturing)

FILE NO DA/15/0008 AREA 71.34 Ha

LODGED BY McLynskey Planners Pty Ltd

OWNER P & F Inderbitzin and Sharprock Pty Ltd

PLANNING SCHEME

Mareeba Shire Planning Scheme 2004 (amendment no. 1 of 2007)

ZONE Rural zone

LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS Nil

ATTACHMENTS: 1. Proposal Plan/s - McLynskey Planners Pty Ltd

2. Referral Agency Response - Department of State Development, Infrastructure and Planning dated 19 March 2015


3. Referral Agency Response (Environmental Authority for ERA 53) - Department of State Development, Infrastructure and Planning dated 12 March 2015

4. Third Party Advice - Ergon Energy dated 9 March 2015

EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is impact assessable and no properly made submissions were received in response to public notification of the application. The applicants propose the establishment of a windrow composting facility to produce approximately 10,000 tonnes of compost product per annum. The composting operation will be established over two stages and when complete will utilise approximately 12 hectares or 17% of the site. The application also seeks a development permit for operation works to accommodate the construction of four water collection/settling ponds. 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 polices) and is not in conflict with any relevant instrument. The proposed development is considered an agricultural support industry, is situated on a rural parcel with limited agricultural potential, and is reasonably separated from nearby sensitive receptors (dwelling houses). Furthermore, the subject site is accessed directly from a State Controlled Road. This officer has not identified any significant town planning issues associated with the proposed development. The proposed composting operation is an Environmentally Relevant Activity, this being ERA 53 (Composting and Soil Conditioner Manufacturing) and is administered by the State Government. An Environmental Authority (Permit) has been issued subject to conditions relating to air and noise nuisance, water pollution and land management/rehabilitation. These aspects of the development are managed through this Environmental Authority and any compliance issues are dealt with by the State Government. Considering this, and to avoid duplication of conditions, only conditions relating to Council's areas of management/enforcement have been included in the officer's recommendation. Council's Development Engineer has assessed the operational works component of the application and has also recommended conditions of approval. These 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.


OFFICER'S RECOMMENDATION

”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:

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), concurrence agency conditions in (E), relevant period in (F), further permits in (G), and further approvals from Council listed in (H); And The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument. (A) APPROVED DEVELOPMENT: Development Permit for Material Change of Use -

Industry (Composting), Associated Operational Works and ERA 53 (Composting and Soil Conditioner Manufacturing)

(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.


APPLICANT Sharprock Pty Ltd ADDRESS Mulligan Highway, Biboohra

DATE LODGED 6 February 2015 RPD Lot 302 on SP223154

TYPE OF APPROVAL

Development Permit


Material Change of Use - Industry (Composting), Associated Operational Works and ERA 53 (Composting and Soil Conditioner Manufacturing)

Plan/Document Number

Plan/Document Title Prepared by Dated

- Concept Site Plan Sheet 1 of 2

McLynskey Town Planning Pty Ltd -

- Concept Site Plan Sheet 2 of 2

McLynskey Town Planning Pty Ltd -


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.

2.3 Prior to the commencement of use, the applicant must provide a letter from any Concurrence Agency (where relevant) confirming that the department/s are satisfied their conditions have been complied with and/or that the department has no objections to the commencement of the use.

3. General For Material Change of Use - Industry (Composting)

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 Bushfire Management The applicant/developer or on-site manager must ensure the approved use is operated and managed in accordance with the approved Bushfire Management Plan prepared by Eco Logical Australia Pty Ltd, dated 12 January 2015, at all times and for the life of the development.

3.5 Hours of Operation The operating hours shall be between 7:00am and 6:00pm Monday to Friday and 7:00am to 12:00 noon Saturdays. No operations are permitted on Sundays or Public Holidays.

3.6 Product Sale If any compost product is bagged or processed on-site for individual sale, all products are to be sold off-site only with no individual sales/transactions permitted from the subject site.


3.7 Site Based Management Plan The applicant/developer or on-site manager must ensure the approved use is operated in accordance with the Site Based Management Plan (prepared by Environmental Soil Solutions Australia Pty Ltd dated December 2014) at all times and for the life of the development.

For Operational Works (Construction of Settling Ponds) 3.8 All operational works must be designed and constructed in accordance

with the procedures as set out in the FNQROC Development Manual.

3.9 Council’s examination of the documents should not be taken to mean that the documents have been checked in detail and Council takes no responsibility for their accuracy. If during construction, inadequacies of the design are discovered, it is the responsibility of the Principal Consulting Engineer to resubmit amended plans to Council for approval and rectify works accordingly.

3.10 Pre-Start Meeting In addition to the requirements of Clause CP1.07 and CP1.08 of the FNQROC Development Manual; after documentation has been approved by Council, a pre-start meeting is to be held on site prior to the commencement of work. Part 1 of the pre-start meeting pro-forma is to be completed and returned prior to the meeting including clause 1.u ‘Request for Meeting’ together with the prescribed Construction Monitoring Fee as set out in Council’s Schedule of Fees.

3.11 Inspections Inspections are to be carried out as detailed in the FNQROC Manual unless advised otherwise at the pre-start meeting.

3.12 Construction Security Bond and Defects Liability Bond 3.12.1 In addition to Clauses CP1.06 and CP1.20 of the FNQROC

Development Manual; the Construction Security Bond and Defects Liability Bond shall each be a minimum of $1000 and Bank Guarantees shall have no termination date.

3.12.2 During the Defects Liability period, it is the responsibility of the developer to rectify any works found to be defective due to design faults and or found to exhibit faults attributed to the performance of the construction activities in terms of quality and conformance with design and specifications. The bond will be returned on satisfactory correction of any defective work and after expiration of the maintenance period. Failure to comply with a Council issued instruction to correct defective work may result in the call up of the bond to have the work completed.


3.14 Hours of Operational Work Work involving the operation of construction plant and equipment of any description, shall only be carried out on site during the following times:

7.00am to 6.00pm, Monday to Friday;

7.00am to 1.00pm Saturdays;

No work is permitted on Sundays or Public Holidays.

No variation to the above working hours is allowed unless otherwise agreed in writing by Council.

3.15 Transportation of Soil All soil transported to or from the site must be covered to prevent dust or spillage during transport. If soil is tracked or spilt onto the road pavement from works on the subject land, it must be removed no later than at the end of each working day. Sediment must not enter Council’s stormwater drainage network.

3.16 Settlement Pond Construction The settlement ponds are to be lined with rock, sand or approved geotextile, include purpose designed inlet and outlet structures, and overflow structures to the satisfaction of Council's Delegated Officer.

4. Infrastructure Services and Standards For Material Change of Use - Industry (Composting) 4.1 Non-Reticulated Water Supply

The approved use must be provided with a potable water supply that can satisfy the standards for drinking water set by the Australian Drinking Water Guidelines 2004 (National Health and Medical Research Council and the National Resource Management Ministerial Council).

4.2 On-Site Wastewater Disposal Council will not permit the use of any form of portable toilet in association with the approved use. Any on-site effluent disposal system must be constructed generally in accordance with the latest version On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of Council's delegated officer.

(D) ASSESSMENT MANAGER’S ADVICE (a) Ergon Energy Infrastructure

The relationship between existing electricity infrastructure (i.e. poles and wires) and the proposed finished ground levels of bunding, dams and other aspects of


the development should be established to identify where (if anywhere) the relocation, replacement of heightening of electricity infrastructure is required. This relationship should be identified through a detailed survey of each point of encroachment or conflict. This is to ensure a safe distance is maintained between all aspects of the composting activities and the high voltage power lines. Should this exercise identify that changes to Ergon Energy infrastructure are required as part of the development, those changes are made with Ergon Energy's consent and at the applicant/developer expense (unless otherwise agreed to by Ergon Energy). Any redesign of Ergon Energy infrastructure required as a result of the proposal must take into consideration servicing and maintenance access requirements for Ergon Energy personnel and equipment. Where fencing prohibits access to and along infrastructure, gates must be supplied and installed at the applicant/developers expense. The following legislation and code should be consulted for working in the vicinity of electricity infrastructure:

Electricity Safety Act 2002;

Electricity Safety Regulation 2013; and

Code of Practice - Working Near Exposed Live Parts.

Exclusion zones stipulated in the Code of Practice - Working Near Exposed Live Parts are to be maintained when working near exposed overhead electricity wires. It is recommended the applicant/developer contact Ergon Energy prior to construction and operational activities to obtain safety advice (by applying in writing to Ergon Energy, or by contacting Ergon Energy on 13 10 46) where activities may encroach exclusion zones or to arrange the fitting of visual safety indicators such as tiger tails or aerial markers to the exposed overhead wires (if required). Obtaining Ergon safety advice will ensure a safe distance is maintained between high voltage power lines (and associated poles) and the operations of the composting facility.

(b) 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.

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

(d) 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.


(e) 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.datsip.qld.gov.au.

(E) CONCURRENCE AGENCY CONDITIONS

Department of State Development, Infrastructure and Planning (SARA - DTMR, DNRM) conditions dated 19 March 2015

Department of State Development, Infrastructure and Planning (SARA - DEHP) Environmental Authority (ERA 53) dated 12 March 2015

(F) 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);

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

Development Permit for Building Work

(H) OTHER APPROVALS REQUIRED FROM COUNCIL

Compliance Permit for Plumbing and Drainage Works"

THE SITE

The subject site is situated approximately 5.5 kilometres north of Biboohra along the Mulligan Highway and is described as Lot 302 on SP223154, Parish of Formartine, County of Nares. The site is irregular in shape, contains an area of 71.34 hectares, and is zoned Rural under the Mareeba Shire Planning Scheme. The Planning Scheme's Agricultural Land Quality Mapping identifies the site as containing Good Quality Agricultural Land, however, it is understood that the physical characteristics of the subject land, including soil type and surface water/poor drainage significantly limit the site's agricultural potential. The subject site contains approximately 1.5km of frontage to the Mulligan Highway (Peninsula Development Road) which is a State controlled road and is constructed to a bitumen highway standard for the entire frontage. Access to the site is gained from the Mulligan Highway via a single dirt/gravel access crossover just to the north of the Hodzic Road intersection. For the most part, the site is relatively flat with the exception of a small hill on the western boundary of the lot, and the site remains predominately vegetated. An approximate area of 5 hectares on the northern half of the site has been cleared and levelled for some years and it


is understood this area has previously been used for bulk bagasse storage. The majority of this cleared area will be utilised for the stage 1 (one) compost processing area. High voltage electricity lines traverse the site adjacent its western boundary, extending over parts of the proposed compost processing area. An easement is not established over this infrastructure. All surrounding allotments are zoned rural and are used for rural lifestyle purposes and low intensity livestock grazing. Lake Mitchell (Quaid's Dam) is situated adjacent and to the north-west of the subject site.

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 Nil

PREVIOUS APPLICATIONS & APPROVALS Nil

DESCRIPTION OF PROPOSED DEVELOPMENT

The development application seeks a Development Permit for Material Change of Use - Industry (Composting), Associated Operational Works (construction of settling ponds) and ERA 53 (Composting and Soil Conditioner Manufacturing) in accordance with the plans shown in Attachment 1. The applicants propose the establishment of a windrow composting facility to produce approximately 10,000 tonnes of compost product per annum. The composting operation will be established over two stages and when complete will utilise approximately 12 hectares or 17% of the site. The application also seeks a development permit for operational works to accommodate the construction of four water settling ponds (2 (two) per stage). Proposed operations and infrastructure on the site include the construction of compacted earthen pads (processing/storage areas), gravel access roads, storage shed, office, weighbridge, shakedown grid, organic compost windrows, minor stockpiling of finished


product, and subsequent removal of finished material off the site. The basic compost production process will generally operate as follows:

Organic waste products/materials are received on-site (mill mud, bagasse, general green waste, wet and dry chicken manure, bio-solids from waste treatment plants, cardboard/paper);

Organic materials are stockpiled and blended;

Blended organic materials are laid out in long rows (windrows) and thoroughly mixed using a purpose built windrow mixing machine;

Windrows are watered to allow composting process to begin;

Windrows are repeatedly mixed and watered every few weeks to ensure compost material remains well aerated (allowing complete breakdown of material);

Once compost process is complete, compost material is screened to remove any oversize product which are then reused;

Final compost products are weighed, monitored and tested (laboratory analysis);

Final compost products are stockpiled for sale and transport off site.

Final compost products will include:

Composted soil conditioners;

Composted fertiliser substitute (fertiliser replacement) organics;

Soil conditioners; and

Pasteurised mulches. In addition to the above final compost products, compost product may be blended with excavated soils from the shire to produce:

Garden soil - screened sandy or clay loam soil plus % of compost;

Under turf soil - screened sandy of clay loam soil plus % of compost;

Top dressing soil (overturf) - screened sandy or clay loam soil and compost or straight 'fine manure' compost.

The compost production process is seasonal with relatively low activity during the wet season as excessive water hinders the composting process. During dry periods, the composting process from start to finish will take approximately 22 weeks. The site will be open between 7am and 5pm, Monday to Friday and 7am - 12 noon on Saturdays with no work on Sundays or Public Holidays. Outside these hours, the site is locked and monitored by an on-site security system. The proposed compost facility will be operated with minimal staff (likely 1 (one) staff member) for the majority of the composting process. Initially compost products will be used exclusively by the applicant on their banana plantations. The long term plan is to perfect and streamline the process to produce enough material for their own use as well as selling pre-bagged compost to nurseries and larger chains. The development will include the construction of four settling ponds over two stages, to collect and store water runoff during compost watering and rainfall events. The compost processing and storage areas will be graded, compacted and bunded to allow water to be collected and discharged into the holding ponds. The settling ponds are then harvested and the nutrient rich water is used as liquid fertiliser.


A large storage shed is proposed in proximity to the site access to allow for the safe storage of raw waste product during wet seasons. A weigh bridge, vehicle wash-down facility and vehicle shakedown grid is also proposed to ensure the efficient operation of the facility. An employee's site shed is also proposed with toilet facilities. Truck movements associated with the development will include 1 (one) - 2 (two) truckloads per day to establish composting rows (raw materials) and once the composting process is completed it is envisaged that product will be trucked off site possibly once every few months depending on demand at the applicants Lakeland banana plantations. Traffic volumes associated with the future sale of the bagged compost products to nurseries and larger chains is not currently known. Trucks moving on and off site will most likely be semi-trailers. Equipment to be used and stored on-site includes an excavator and tipper, front-end loader, compost (windrow) turner, water truck and irrigation pumps and pipes and screening equipment. Fuel for the processing machinery will be stored on site. Water will be sourced from an existing bore on site and a new bore will be sunk next to the proposed shed.

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’ also identifies the site as containing:

State & Regional Conservation Corridors

Terrestrial Area of General Ecological Significance

PLANNING SCHEME DESIGNATIONS

Planning Scheme Definitions The proposed use is defined as:-

"Industry means the use of premises for the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods, articles, materials, liquids or gasses for commercial purposes, but does not include a purpose elsewhere specifically defined in this plan."

Strategic Framework: Mareeba Dimbulah Irrigation Area

Zone: Rural zone

Overlays: Natural Disaster - Bushfire Overlay


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:

DRO 1.1 Biodiversity Conservation

Land Use Policy Complies Comments

1.1.4 Urban development in or adjacent to areas of general ecological significance (see map 3) is located, designed and operated to avoid or, where avoidance is not possible, minimise any adverse impacts on ecological values where possible.

The proposed development will involve the clearing of only a small portion of the site's vegetation. The application was referred to State Government for Veg Clearing and the State have provided a Referral Agency Response (Vegetation) Plan (RARP) limiting the clearing allowed on site. This will ensure adverse impacts on the sites ecological values are minimised.

DRO 1.3 Air and Acoustic Environment Protection


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 meet the objectives of the Environmental Protection (Air) Policy and the Environmental Protection (Noise) Policy.

The proposed development is situated within a rural area and is reasonably separated from nearby sensitive receptors.

The proposed facility will be operated in accordance with the Site Based Management Plan in order to minimise environmental impacts.

The proposed use (activity) is a State administered ERA. The State has issued an Environmental Authority which includes conditions to manage the development's impacts with regards to air and noise nuisance, stormwater runoff/water pollution, and land management/rehabilitation.

On-going compliance with these conditions is managed by the State Government.


(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.

DRO 2.4 Primary Production & Fisheries


2.4.1 Good quality agricultural land is protected from urban development outside the urban footprint.

Although the site is mapped as containing GQAL, this GQAL land classification is questionable considering the site's physical characteristics including soil type and high water table (waterlogging).

Notwithstanding this, the proposed windrow composting operation involves only minimal infrastructure and for the most part will not permanently alienate the site's GQAL.

DRO 7.1 Protection of Waterways, Wetlands and Water Quality


7.1.1 Development is planned, designed, constructed and managed in accordance with best practice environmental management to protect environmental values and meet water quality objectives of the Environmental Protection Policy (Water) 1997 (EPP Water) for regional surface water, groundwater and wetlands.

The proposed composting operation will be run in accordance with the detailed Site Based Management Plan (SBMP) submitted with the application. The SBMP addresses stormwater management and water runoff/water quality.

Additionally, the proposed use (ERA 53) will be managed under an Environmental Authority issued by the State which includes conditions to manage the development's impacts with regards to air and noise nuisance, stormwater runoff/water pollution, and land management/rehabilitation.

On-going compliance with these conditions is managed by the State Government.


Queensland State Planning Policy - July 2014

State Interest Complies Assessment Requirements & Comments

Water quality

Receiving waters - a development application for any of the following:

(1) a material change of use for urban purposes that involves a land area greater than 2500 square metres that:

(a) will result in an impervious area greater than 25 per cent of the net developable area, or

(b) will result in six or more dwellings, or

(2) reconfiguring a lot for urban purposes that involves a land area greater than 2500 square metres and will result in six or more lots, or

(3) operational works for urban purposes that involve disturbing more than 2500 square metres of land.

Receiving waters

Development:

(1) avoids or otherwise minimises adverse impacts on the environmental values of receiving waters, arising from:

(a) altered stormwater quality or flow, and

(b) wastewater (other than contaminated stormwater and sewage), and

(c) the creation or expansion of non-tidal artificial waterways, and

(2) complies with the SPP code: Water quality (Appendix 2).

Comment

The proposed development will be conditioned to comply with the Site Based Management Plan (SBMP) at all times. The SBMP details operating procedures to manage stormwater discharge and water quality associated with the development area. Furthermore, the proposed use is an Environmentally Relevant Activity administered by the State. The State has issued an Environmental Authority with conditions attached to manage stormwater management and water quality.


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

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 proposed development footprint is not within an identified flood hazard area, landslide hazard area or coastal hazard area. The development will be conditioned to comply with the Bushfire Management Plan submitted with the application.

DEO Complies Comments

(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.

A detailed Site Based Management Plan (SBMP) for the proposed development has been prepared by Environmental Soil Solutions Australia Pty Ltd (ESSA). The SBMP includes operational procedures and mitigation strategies aimed at avoiding or mitigating the development's impact on the site's ecological values as well as air and water pollution and dust and chemical contamination.

The proposed development is an Environmentally Relevant Activity (ERA) administered by the State. An Environmental Authority has been issued by the State and will be enforced by the State.


Relevant Development Codes

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

Part 4, Division 14 Rural Zone Code Part 5, Division 8 Natural Disaster - Bushfire Overlay Code Part 6, Division 5 Car Parking Code Part 6, Division 15 Landscaping Code Part 6, Division 17 Filling and Excavation 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.

(d) Good quality agricultural land is conserved and protected from fragmentation and alienation.

The site's Good Quality Agricultural Land status is questionable, however, the proposed development, for the most part, will involve compost windrows and minimal structures.

(n) Mareeba’s role and identity as the main business, economic centre and regional service centre and gateway to the Cape is consolidated.

Complies - The subject site is situated on the outskirts of Mareeba (Biboohra) and does not compromise Mareeba's role as the main business and economic centre within the Shire.

(q) The establishment of new industries such as value adding agricultural industries as well as ecotourism and tradeable services beyond agriculture.

Complies - the proposed development is for large scale windrow composting and is considered a value adding agricultural support industry.

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

Complies - The subject site is situated on the outskirts of Mareeba (Biboohra) and is appropriately separated from nearby sensitive land uses. The closest neighbouring dwelling is situated approximately 1km from the development footprint.


Relevant Codes Comments

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

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 No formal parking spaces are proposed. The proposed use will be operated with minimal staff and given the size of the processing area; ample space will be provided for informal vehicle parking. Compost product will not be sold from the subject site therefore customer car parking is not required. It is not considered necessary to require the applicant to construct formal car parking facilities on-site. Given the size and location of the subject site, light and heavy vehicles associated with the use will be able to enter and leave the site in a forward gear. It is considered the proposed development can comply with the overall outcomes sought for the Car Parking Code. Conditions will be attached to any approval restricting the individual sale of any compost product from the subject site (all products sold off-site).

Landscaping Code The proposed compost processing area is setback in excess of 100 metres from the frontage of the site and will be effectively screened from view from road users and adjoining properties by existing mature vegetation. The proposed storage shed and weighbridge will be constructed in close proximity to the site entrance, however, existing vegetation is still likely to soften their appearance from the Highway and any adjoining properties.

Considering this, landscape screening/buffering is not considered necessary in this instance.

Filling and Excavation Code

Council's Development Engineer assessed the operational works component of the proposed development against the Filling and Excavation Code.

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


(e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 4 - Development Manual Conditions 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 The proposed development is not connected to Council's reticulated water supply and sewerage networks and is accessed directly from a State Controlled Road. Infrastructure charges/contributions are not applicable in this instance. REFERRALS Concurrence The application triggered referral to the Department of State Development, Infrastructure and Planning as a Concurrence Agency (SARA - DTMR(State controlled road), DNRM(Clearing vegetation) & ERA 53(Environmentally relevant activity)) The Department advised in a letter dated 19 March 2015 that they require their conditions to be attached to any approval (Attachment 2). The Department also issued an Environmental Authority (for ERA 53) on 19 March 2015 which will also be attached to any approval (Attachment 3). Advice This application did not trigger referral to any Advice Agencies. Third Party Advice The application was referred to Ergon Energy for Third Party Advice in relation to high voltage electricity infrastructure that traverses the subject site. Ergon Energy provided advice to Council Officers in a letter dated 9 March 2015 (Attachment 4) and this advice has been included as an advice clause in the Officer's Recommendation section of this report. Internal Consultation Not applicable - ERA administered by the State, access gained from State controlled road. PUBLIC NOTIFICATION The development proposal was placed on public notification from 11 March 2015 to 28 April 2015. The applicant submitted the notice of compliance on 29 April 2015 advising that the public notification requirements were carried out in accordance with the requirements of the Act. No submissions were received.


PLANNING DISCUSSION Non-compliance with the relevant acceptable/probable solutions contained within the Planning Scheme's development codes is discussed below: Car Parking Code Overall Outcomes for Car Parking Code (1) The overall outcomes are the purpose of the code. (2) The overall outcomes sought for the Car Parking code are the following:

(a) Uses have sufficient on site car parking and bicycle spaces designated in a manner to meet the requirements of the intended user;

(b) The number of car parking spaces provided does not impact on the functioning

of the surrounding road network; (c) Vehicles and bicycles can access and move within the site in a safe and efficient

manner.

S6 Car parking spaces are of adequate dimensions and standard to meet user requirements. AS6 Car parking spaces meet the design requirements of Australian

Standards AS2890.1-1986 and AS2890.2-1989 (as amended) provided that the minimum car parking space width is no less than 2.6 metres.

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 No formal parking spaces are proposed. The proposed use will be operated with minimal staff and given the size of the processing area; ample space will be provided for informal vehicle parking. Compost product will not be sold from the subject site therefore customer car parking is not required. It is not considered necessary to require the applicant to construct formal car parking facilities on-site. Given the size and location of the subject site, light and heavy vehicles associated with the use will be able to enter and leave the site in a forward gear. It is considered the proposed development can comply with the overall outcomes sought for the Car Parking Code. Conditions will be attached to any approval restricting the individual sale of any compost product from the subject site (all products sold off-site).

Date Prepared: 19 May 2015


ATTACHMENT 1 APPROVED PLANS (ECM VS# 3634149


ATTACHMENT 2


ATTACHMENT 3


ATTACHMENT 4


ITEM-2 NOORAVI SUPERANNUATION FUND - MATERIAL CHANGE OF USE - BUSINESS (OFFICE) - LOT 1 RP718213 - 18 THONGON STREET, KURANDA - DA/15/0021

DOCUMENT INFORMATION MEETING: Ordinary MEETING DATE: 3 June 2015 REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS


APPLICANT Nooravi Superannuation Fund

ADDRESS 18 Thongon Street, Kuranda

DATE LODGED 13 April 2015 RPD Lot 1 on RP718213

TYPE OF APPROVAL

Development Permit


Material Change of Use - Business (Office)

FILE NO DA/15/0021 AREA 1,012 square metres

LODGED BY Nooravi Superannuation Fund

OWNER F & H Nooravi

PLANNING SCHEME

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

ZONE Village zone

LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS Nil

ATTACHMENTS: 1. Proposal Plan/s

EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is impact assessable and no properly made submissions were received in response to public notification of the application. It has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and does not conflict with any relevant planning instrument.


Draft conditions were provided to the Applicant and have been agreed. It is recommended that the application be approved in full with conditions.


"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:

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 not consider that the assessment manager’s decision conflicts with a relevant instrument. (A) APPROVED DEVELOPMENT: Development Permit - Material Change of Use -

Business (Office)

(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:


APPLICANT Nooravi Superannuation Fund

ADDRESS 18 Thongon Street, Kuranda

DATE LODGED 13 April 2015 RPD Lot 1 on RP718213

TYPE OF APPROVAL

Development Permit


Material Change of Use - Business (Office)

Plan/Document Number

Plan/Document Title Prepared by Dated

Drw No 1 of 4 First Floor Plan F & H Nooravi n/a

Drw No 2 of 4 Second Floor Plan F & H Nooravi n/a

Drw No 3 of 4 Sections F & H Nooravi n/a

Drw No 4 of 4 Site Plan F & H Nooravi n/a


- 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.

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 Signage (i) Signs must not exceed the building height.


(ii) Parapet signs must be flush with the building façade and not exceed the top of the parapet.

(iii) Signs attached to the awning roof must be less than 1.5 metres above the height of the awning roof; and Hanging signs perpendicular to the building façade adjacent to main entrances must be at least 2.5 metres above the footpath.

(iv) The sign must be kept clean, in good order and safe repair for the life of the approval.

(v) The sign must be removed when no longer required.

(vi) The erection and use of the advertisement must comply with the Building Act and all other relevant Acts, Regulations and these approval conditions.

4. Infrastructure Services and Standards 4.1 Stormwater Drainage

4.1.1 The applicant/developer must take all necessary steps to

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

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

4.2 Car Parking/Internal Driveways

The developer must ensure that the development is provided with 6 on-site car parking spaces which are available solely for the parking of vehicles associated with the use of the premises. All car parking spaces must be sealed, marked and appropriately drained prior to the commencement of the use, to the satisfaction of Council's delegated officer.

4.3 Landscaping The existing landscaping of the site, as indicated on the approved site plan must be maintained for the life of the development to the satisfaction of Council’s delegated officer.

4.4 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) 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.

(c) 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.

(d) 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.

(e) 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.datsip.qld.gov.au.


(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

Nil

(G) OTHER APPROVALS REQUIRED FROM COUNCIL

Nil"

THE SITE

The subject site is situated at 18 Thongon Street, Kuranda, and is described as Lot 1 on RP718213, Parish of Cairns, County of Nares. The site is regular in shape with a total area of 1,012m2 and is zoned Village under the Mareeba Shire Planning Scheme 2004. The site has approximately 25 metres of frontage to Thongon Street. Thongon Street is constructed to bitumen sealed standard, including kerb and channel. The site is improved by a two storey building with the most recent use on record being a health-care institution (medical centre). The building is connected to all available services including Council's reticulated water and sewerage networks, as well as local area telecommunications and electricity infrastructure. Two concrete driveways provide vehicle access from Thongon Street. The northern driveway provides access to a single covered carport. The southern driveway provides access to a five (5) space concrete car parking area at the rear of the property. The allotments adjoining to the west and south are zoned Village and contain a dwelling house and respite centre respectively. Allotments adjoining to the north are zoned Business and are developed for typical business/commercial purposes. The Kuranda medical centre is established immediately opposite the subject site on the eastern southern side of Thongon Street.


BACKGROUND AND CONTEXT Nil

PREVIOUS APPLICATIONS & APPROVALS Council at its General Meeting held on 19 December 2000 resolved to issue a Development Permit for the Application for Material Change of Use made by Wuchopperen Medical Service for approval to use an existing dwelling house on land described as Lot 1 on RP718213, Parish of Cairns, situated at 18 Thongon Street, Kuranda, for the purpose of a Health-care Institution (Medical Centre).

DESCRIPTION OF PROPOSED DEVELOPMENT

The development application seeks a Development Permit for Material Change of Use - Business (Office) in accordance with the plans shown in Attachment 1. The existing building was initially constructed as a dwelling house. In December 2000, a development permit (MC2000/41) for material change of use (health care institution) was issued by Council and the building was converted into a medical centre. Development permit MC2000/41 was specifically issued for a health care institution and because of this, a further development approval is needed to use the subject land for general office space. Under the Mareeba Shire Planning Scheme 2004, a medical centre and office both fall within the definition of Business. Business is defined as follows: Business means the use of premises for commercial purposes, including the following

types: (a) medical or dental practice; (b) office; (c) service industries ( such as printing workshops or saddle making); (d) bakeries. The proposed change of use will not result in any changes to the existing building or on site car parking arrangements. The proposed change of use will simply allow the existing commercial building to be used for general professional office space.

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:

Strategic Rehabilitation Area


PLANNING SCHEME DESIGNATIONS

Planning Scheme Definitions The proposed use is defined as:- Business means the use of premises for commercial purposes, including the following

types:

(a) medical or dental practice;

(b) office;

(c) service industries ( such as printing workshops or saddle making);

(d) bakeries.

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:

Strategic Framework: Major Urban Growth Node (Kuranda)

Zone: Village zone

Preferred Area/Precinct: Preferred Area No. 5

Overlays: Natural & Cultural Heritage Features Overlay Significant Vegetation Overlay

DRO 1.1 Biodiversity Conservation


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.


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

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.

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 water and sewerage networks. The proposed development will not place any increased demand on this infrastructure above that which could be expected from the approved medical centre use.

(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 proposed development will increase the amount of office space available to accommodate commercial & community uses.


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 Part 6, Division 15 Landscaping Code

The application did not include 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:

(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 development will increase the amount of office space available to accommodate commercial & community uses. The re-use of an existing building will not result in any noticeable change is the streetscape.

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

Apart from its rear boundary, the subject land adjoins or is adjacent to business and community purpose land uses. The residential property adjoining the rear boundary is screened by dense mature vegetation. The proposed office use is not expected to generate noise to a level where it would cause nuisance to the occupants of the neighbouring dwelling house.

Relevant Codes Comments

Village Zone Code The application complies with applicable acceptable/probable solutions/performance criteria.

Car Parking Code The application complies with applicable acceptable/probable solutions/performance criteria.

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


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 a credit for water supply headworks associated with the existing health-care institution (medical centre) use rights. Under Planning Scheme Policy 2, an office use has the same water supply headworks equivalency factor as a medical centre. Applying the existing water supply headworks credit, no additional adopted infrastructure charge for water supply headworks is warranted for the office use. Sewerage Supply The subject site is deemed to have a credit for sewerage headworks associated with the existing health-care institution (medical centre) use rights. Under Planning Scheme Policy 2, an office use has the same sewerage headworks equivalency factor as a medical centre. Applying the existing sewerage headworks credit, no additional adopted infrastructure charge for sewerage headworks is warranted for the office use. Roadworks Both Barang Street and Thongon Street carry considerable commercial and residential traffic and are already constructed to a high standard. As with the water supply and sewerage headworks, the land has a deemed credit for the road network arising from the existing health-care institution land use right. The anticipated traffic movements for the proposed office use are expected to be equivalent to or slightly lower than the health-care institution use. On this basis, the existing credit is sufficient to cover the proposed office use and no further contribution towards the road network is warranted. Parks The purpose of this policy is to establish the amount of monetary contribution to be paid in lieu of providing land for open space and recreation purposes when land is subdivided or when the population density of a development is increased as a result of development. This application does not include a reconfiguration component or propose uses (such as residential units) that will increase the population density of the site. Accordingly, a contribution is not required under Planning Scheme Policy No. 5.


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. PUBLIC NOTIFICATION The development proposal was placed on public notification from 23 April 2015 to 15 May 2015. The applicant submitted the notice of compliance on 15 May 2015 advising that the public notification requirements were carried out in accordance with the requirements of the Act. No submissions were received. PLANNING DISCUSSION Nil Date Prepared: 15 May 2015


ATTACHMENT 1 APPROVED PLANS (ECM VS 3657603)


ITEM-3 2015/2016 FEES AND CHARGES FOR URBAN AND REGIONAL PLANNING

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 3 June 2015

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

EXECUTIVE SUMMARY

This report presents the recommended 2015/2016 Fees and Charges for Urban and Regional Planning activities for Council's consideration and endorsement.


"That Council adopt the 2015/2016 Fees and Charges for Urban and Regional Planning."

BACKGROUND

Council as part of its budgetary process and under the legislation of the Local Government Act is required to adopt a Schedule of Fees and Charges each year. Each relevant department has been responsible for the setting of the Fees and Charges. 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. Costs for services are reviewed annually, with the full cost recovery model applied wherever possible. The proposed fees for 2015/2016 were workshopped with Council on 31 March 2015 and 20 May 2015. The following specific amendments have been made:

The car parking contributions for Mareeba and Kuranda have now been equalised

A new fee for inconsistent uses The methodology used to establish the 2014/2015 fees and charges has been generally carried forward with a 3.5% increase applied. Council acknowledges that the 3.5% increase is below what is required to achieve true cost recovery and similar below cost increases cannot be sustained over the medium to long term. Council will review the fees and charges over coming budget periods and will continue to close the gap between fees and charges and actual costs.


The lesser 3.5% increase has been applied for the 2015/2016 fee and charges in recognition of the need to continue the recovery of the Mareeba Shire development sector. This decision overrides the decision made in 2014 to increase infrastructure charges by 10% per year until cost recovery was achieved.

LINK TO CORPORATE PLAN

GOV 1 - Develop an achievable long term financial plan that underpins Council's long-term financial sustainability.

CONSULTATION

Internal Management Accountant Manager Finance Manager Development and Governance External Nil

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

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

FINANCIAL & RESOURCE IMPLICATIONS

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

IMPLEMENTATION/COMMUNICATION

On adoption of the 2015/2016 fees, the schedule of fees and charges will be updated. The charge controls in the Council's corporate system (Property & Rating) will need to be


updated prior to the commencement of the 2015/2016 financial year. The website will also need to be updated to reflect the new fees.

ATTACHMENTS

1. 2015/2016 Fees and Charges for Urban and Regional Planning Date Prepared: 21 May 2015


ATTACHMENT 1


GOVERNANCE AND COMPLIANCE

ITEM-4 OPERATIONAL PLAN 2015/2016 DOCUMENT INFORMATION

MEETING: Ordinary


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

EXECUTIVE SUMMARY

The Local Government Regulation 2012 requires that each local government must prepare an annual Operational Plan that is to be adopted prior to, or at the same time as, the adoption of the annual budget. This report presents the proposed Operational Plan for the 2015/2016 financial year.


"That the Operational Plan for the 2015/2016 financial year, as attached, be adopted."

BACKGROUND

Council is required by legislation to adopt an annual Operational Plan. The Operational Plan must be consistent with the annual budget and show how the local government will progress the implementation of the five (5) year corporate plan during the period of the annual operational plan, and manage operational risks. The draft operational plan attached hereto shows those projects and activities that are intended to be progressed during the next twelve months. Each project or activity shows a linkage to the five year Corporate Plan adopted by Council.


Each project or activity listed in the Operational Plan shows a link to the relevant Corporate Plan strategy within the Council's five (5) year Corporate Plan.

CONSULTATION

Internal Chief Executive Officer All Directors and Managers


External Nil


Preparation of an annual Operational Plan is a requirement of the Local Government Regulation 2012. The plan includes a section showing how identified operational risks will be managed during the period of the operational plan.

POLICY IMPLICATIONS

Nil


Capital The Operational Plan is to be consistent with the Council's budget and refers to capital projects that will be carried out during the 2015/2016 financial year. Operating A number of the projects/activities listed in the Operational Plan will be undertaken via the Council's operational budget. Is the expenditure noted above included in the 2015/2016 budget?

Yes


Once adopted, the projects/activities listed in the operational plan will be progressed during the 2015/2016 financial year and reports on progress submitted to Council on a quarterly basis.

ATTACHMENTS

1. Operational Plan for the 2015/2016 financial year. Date Prepared: 25 May 2015


ITEM-5 MAREEBA INDUSTRIAL ESTATE TENDERS FOR PURCHASE OF LAND


MEETING: Ordinary



EXECUTIVE SUMMARY

This report considers the tenders that were received for the purchase of land in the Mareeba Industrial Estate following the recent calling of tenders with a closing date of 12 May 2015.


"That in relation to tenders received for the purchase of land in the Mareeba Industrial Estate: 1. Council accept the tender submitted by Keo Enterprises Pty Ltd for the purchase of Lot 56 on SP198060 for the sum of $1,073,318.40 incl GST, conditional on Keo Enterprises being successful in their negotiations with the proposed tenant for their intended development; and 2. Council accept the tender submitted by Torrisi Farming Pty Ltd for the purchase of Lot 46 on SP198053 for the sum of $130,000 incl GST."

BACKGROUND

Tenders were recently called for the purchase of lots in the Mareeba Industrial Estate with a tender closing date of 12 May 2015. Three large proposed lots fronting Effley Street were offered for sale, along with eight existing developed lots in Effley Street, Gowan Street and Martin Tenni Drive. Only two tenders were received as a result of the tendering process, these being for Lot 56 situated between Martin Tenni Drive and Gowan Street with an area of 17,400m², and Lot 46 fronting Effley Street with an area of 2,178m². The tender for Lot 56 was submitted by Keo Enterprises Pty Ltd, however, it is conditional on successful negotiations being concluded by Keo Enterprises with the tenant for the proposed development. If such negotiations are not successful, the purchase of the land will not proceed. The tender price submitted for Lot 56 was $1,073,318.40 incl GST. This equates to $56.08/m² excl GST. The tender for Lot 46 was submitted by Torrisi Farming Pty Ltd and the proposed use is cardboard carton manufacture. Tender price submitted was $130,000 incl GST which equates to a price of $54.26/m² excl GST. It was indicated in the tender that a further lot adjoining Lot 46 may be required for the business proposal. Although there are no further


lots as yet developed south of Lot 46, the current master plan shows a continuation of 2,178m² lots south of Lot 46 on the eastern side of Effley Street and provision of an additional lot could therefore be easily accommodated. It is recommended that the above tenders be accepted with the tender of Keo Enterprises being conditional on successful negotiations being concluded with their business tenant.


ECON 2 - In partnership with local business, industry groups and economic development organisations, continue to develop strategies to assist, strengthen, develop and promote existing and new business and industries.

CONSULTATION

Internal Previously workshopped with Council External Discussions were held with both tenderers and advice and information provided on the lots offered for tender prior to the tender closing date.

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL, RISKS)

Nil

POLICY IMPLICATIONS

Nil


Should both sales proceed, sufficient income will be generated to allow additional capital works to be undertaken at the Industrial Estate in 2015/2016 eg construction of Keegan Street to link Martin Tenni Drive and Gowan Street.


Subject to the report recommendation being adopted, the successful tenderers will be formally advised and contracts of sale prepared (through Council's Solicitor) for signature.

ATTACHMENTS

Nil Date Prepared: 25 May 2015


ITEM-6 RALEIGH STREET DIMBULAH COMMUNITY CENTRE DOCUMENT INFORMATION

MEETING: Ordinary



EXECUTIVE SUMMARY

This report deals with the small subdivision carried out in Raleigh Street, Dimbulah some six (6) years ago to provide a number of lots for commercial purposes, and correspondence received from the Dimbulah Community Centre putting forward options for the development of a new Community Centre in Dimbulah. The report recommends that Council give consideration to making land within the subdivision available for the development of a new Community Centre.


"That Council hold Lot 4 on SP198052, Parish of Masterton, County of Hodgkinson for the possible use by the Dimbulah Community Centre to construct a new community centre should they obtain funding."

BACKGROUND

As a result of requests from the Dimbulah Chamber of Commerce for more commercial land in the Dimbulah CBD, the former Mareeba Shire Council (prior to amalgamation) decided to purchase land in Raleigh Street adjacent to the rail corridor, new Post Office and Information Centre for this purpose. The property was approved for development into six (6) allotments as per the attached Survey Plan SP198052 and the development was carried out during amalgamation in 2009 by the Tablelands Regional Council. One of the lots was subsequently sold via the tender process, however, there has been a concern that the lot layout for the six lots was not ideal for commercial purposes and that the lots remaining should be reconfigured into a more appropriate layout. Options for the reconfiguration of the lots were prepared by Council's Surveyor (excluding Lot 1 which contains the park and Information Centre) and these options are attached. Some of the options include Lot 5 in the reconfiguration, however, this is the lot that has been sold and Council no longer has any ability to reconfigure this lot. The three lots available for reconfiguration are therefore lots 2, 3 and 4. Lots 2 and 3 have frontages of 10 metres and an area of 233m² each and lot 4 has a frontage of 53 metres and an area of 1,235m². Council has recently been approached by the Dimbulah Community Centre in relation to the development of a new Community Centre for Dimbulah as the existing facility has outgrown


the limited space available to it. Two options have been put forward by the Community Centre, one being to build a new centre on Lot 4 in Raleigh Street and the other to extend onto the existing Dimbulah Memorial Hall. In relation to Lot 4 in Raleigh Street, it is considered that if Council is agreeable in principle to the proposal to construct a new Community Centre on this site, the area of the lot could be reduced to approximately 1,000m² and an additional lot with a frontage of 10 metres created adjacent to lots 2 and 3. This would then create three (3) small lots with a frontage of 10 metres each which could then have the flexibility to be further reconfigured if necessary to meet particular commercial requirements eg one (1) large lot x 699m²; two (2) lots x 350m²; one (1) lot x 233m² plus one (1) lot x 466m². Subject to the Community Centre being successful in obtaining grant funding for their proposal and then proceeding with the project, an appropriate tenure arrangement would need to be negotiated for the use of the land, possibly a long term leasing arrangement.


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 External Nil

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL, RISKS)

Council would normally be required to go through a tender or auction process to dispose of land (including the lease of land), however, under the provisions of section 236(b) of the Local Government Regulation 2012, a local government is able to dispose of a valuable non-current asset (land) to: (i) a government agency; or (ii) a community organisation without going through the tender or auction process.

POLICY IMPLICATIONS

Nil


There will be some costs (around $1,000) associated with the reconfiguration of the lots and development of appropriate tenure arrangements should Council agree to the proposal. In relation to the actual construction of a new Community Centre, Council's current budget


situation does not allow for projects of this nature and unless this situation improves significantly, the project will have to be totally reliant on external grant funding.


Advice of Council's decision will be forwarded to the Dimbulah Community Centre.

ATTACHMENTS

1. Copy of Survey Plan SP198052. 2. Copy of options put forward by Council's Surveyor for the reconfiguration of the lots

fronting Raleigh Street. 3. Letter from the Grants Officer, Dimbulah Community Centre, putting forward options

for development of a new Community Centre in Dimbulah. Date Prepared: 27 May 2015


ATTACHMENT 1


ATTACHMENT 2


ATTACHMENT 3


BUILDING AND PLUMBING SERVICES

ITEM-7 2015/2016 BUILDING AND PLUMBING FEES DOCUMENT INFORMATION

MEETING: Ordinary


REPORT OFFICER’S TITLE: Senior Building and Plumbing Officer DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

This report presents the recommended 2015/2016 cost recovery fees for Building and Plumbing services for Council's consideration and endorsement. The fees listed include current fees and the proposed fees and charges.


"That Council adopt the proposed 2015/2016 Building and Plumbing Services fees."

BACKGROUND

The basis for the cost recovery fees has been to calculate actual costs to provide the service. Section 97 of the 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. Additionally, section 38 of the Local Government Regulation 2012 prescribes that performing building certifying functions within Mareeba Shire Council is a business activity. Therefore, the Local Government Act 2009 requires that Mareeba Shire Council must apply the code of competitive conduct to this prescribed business activity. This code has also been applied in calculating the cost recovery fees.


GOV 1 - Develop an achievable long term financial plan that underpins Council's long-term financial sustainability

CONSULTATION

Internal Management Accountant


Manager Finance Manager Development and Governance 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



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 Building and Plumbing Fees for 2015/2016. Date Prepared: 3 June 2015


ATTACHMENT 1


LOCAL LAWS

ITEM-8 GRAHAM HOTEL EXTENSION TO LICENSED AREA 10 JULY 2015

DOCUMENT INFORMA

MEETING: Ordinary


REPORT OFFICER’S TITLE: Coordinator Environmental Health & Local Laws DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

Council has received a request from the Graham Hotel to extend its licensed area to include the footpath for Rodeo Procession night on Friday 10 July 2015.


"That Council approve the request from the Graham Hotel to extend its licensed area to include the footpath for Rodeo Procession night subject to the following conditions:

Any other applicable permits are obtained from the relevant authorities;

The extended area is limited to the hours of 6.00pm to 10.00pm on Friday, 10 July 2015 or as directed by the Queensland Police Service'

Public Liability Insurance is current and indemnifies Council for the extended area and a certificate of currency demonstrating this is to be provided to Council;

The safe and unimpeded movement of pedestrians is to be guaranteed; and

Ensure sufficient security is in place and that due care will be taken with regard to public safety."

BACKGROUND

The Graham Hotel has made application to Liquor Licensing to temporarily extend their licensed area and now require approval from the property owner, the police and the local government. The Graham Hotel makes this request each year. In previous years Council has approved the application subject to the following conditions;

Any other applicable permits are obtained from the relevant authorities.

The extended area is limited to the hours of 6.00pm to 10.00pm on the date of the Procession.

The Public Liability Insurance policy is to indemnify Council for the extended area and a copy is to be forwarded to Council.

The safe and unimpeded movement of pedestrians is to be guaranteed.


Ensure sufficient security is in place and that due care will be taken with regard to public safety.


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 Coordinator Environmental Health and Local Laws External Nil


Council is required to decide the request by approving, refusing or approving with conditions. Minimal legal risk to Council, as the Graham Hotel provides proof of Public Liability Insurance for the extended area.

POLICY IMPLICATIONS

Nil




Nil

ATTACHMENTS

1. Letter from the Graham Hotel with a map. Date Prepared: 18 May 2015


COMMUNITY WELLBEING

ITEM-9 REGIONAL ARTS DEVELOPMENT FUND DOCUMENT INFORMATION

MEETING: Ordinary


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

EXECUTIVE SUMMARY

The Mareeba Shire Council RADF Committee met on the 12 May 2015 to assess the three (3) funding applications received for Round 2 of the 2014/2015 RADF program. The Committee also received three (3) applications for Out of Round Funding on 12 May 2015. The Committee assessed all applications according to the RADF key performance outcomes required and gave consideration to the priorities for the Mareeba Shire as outlined in the Arts and Cultural Plan. The RADF Committee recommends that a total of $19,642.50 is provided to six (6) projects, for which the 2014/2015 RADF Program has sufficient funds.


"That Council approves the recommendations made by the RADF Committee."

BACKGROUND

1. Funding Rounds Council has conducted two RADF funding rounds in 2014/2015. The first round was conducted in August 2014. The second round was recently conducted with advertisements placed in local newspapers in the shire inviting applications to the RADF program with applications closing 2 May 2015. 2. Assessment Process Council received six applications and these were assessed against the following criteria:

• Benefits to the community • Adequate planning and genuine interest/support for the project • Available budget and applicant's contribution to the project • Artists ability and qualifications

Four (4) applications received were of a high standard requesting funding for projects that demonstrated good community support across a range of art forms, theatre, music and photography and skills development. Two (2) applications required a small amount of additional information which has since been provided to the Committee. One (1) of these requested a large amount of funding of $25,000 but the Committee decided that seed funding would be a better approach and offered a lesser amount of $3,000 and suggested


that the applicant create partnerships with youth organisations and/or apply for Arts Queensland Funding. The applicant has agreed to these terms. A summary of applications is provided below. RECOMMENDATION The 2014/2015 RADF Program has sufficient funds remaining to provide funding for round 2 as recommended by the RADF Committee. It is therefore recommended that Council approve the decision made by the Mareeba Shire Council RADF Committee to provide a total of $19,642.50 to the six (6) projects listed below: 1. Gail Betts - Café 3 and Kuranda Creative Art house $3,000 Seed funding can be offered for this project as the amount requested was high ($25,000). This is following on from the State Government funded Café 2 Project to continue to work with youth on projects in the Kuranda area. The applicant will need to provide a detailed plan to be based around the lesser amount agreed upon ($3,000) and for the applicant to seek partnerships and funding from Arts Queensland to progress her project. 2. Kellie McBride - YAK 2015 $6,050 The grant will assist towards Youth Arts Kuranda creating a new theatrical and performance work and construction of props in Mareeba Shire, and across other areas such as Yungaburra and Cairns. Workshops will be held to provide skills to young people in theatre production.

3. Daniel Siddhartha - Ukulele BBQ and Kuranda Community Music Event $3,924 Ukulele BBQ has been running for several years as an after event to the Ukulele Festival in Cairns. The funding will go towards the cost of a two day musical event held in Kuranda featuring performances and educational workshops by local, out of town and interstate artists and community groups. 4. Sandy Hablethwaite - Photographic Journeys $2,460 The grant will go towards the cost of a series of photographic workshops to be held in Dimbulah. This is the result of a request by the Dimbulah community after seeing the Photographic Workshops Project advertised by the Partners in Recovery program which were only able to be held in Mareeba. 5. Dr Kate Costigan - On and Off the Page writing workshops $2,508.50 The funding will cover the cost of a writing workshop to develop writing skills, editing, exploring creativity and enhancing originality given by Dr Costigan in the Mareeba Shire to interested community members 6. Toni Rogers - Fibre and Recycling Artist workshops in Kuranda $1,700 The funding is for the airfares and some accommodation costs for a professional fibre artist to come from Tasmania to Kuranda to conduct workshops on utilising natural materials in dying and recycling fabrics.


OUTCOME REPORTS:

1. KTown Records - Original Songs from Kuranda A RADF grant of $750 was provided for this project. The Neil Murray workshops were well attended by the KTown group and the community (100 participants) to learn song writing skills. It also gave the opportunity for local musicians to be mentored, create networks and be inspired. Feedback forms recorded that people would have liked to have time to perform the songs that they had written. The report demonstrated the achievement of project outcomes using CD, advertising material and articles in local and regional papers and participant feedback forms. 2. Mt Molloy Artists - Mosaic Skills workshop A RADF grant of $1,210 was provided for this project. The workshop by Cairns based mosaic artist, Dominic Johns was held and enabled seven (7) community members in Mt Molloy to attend and learn the skills with the aim to create future public artworks. Photographic evidence of the workshop and newspaper articles were presented with the report.


COM 4 - Encourage vibrant and active community participation in arts, culture and natural heritage activities to enrich lifestyle and encourage tourism.

CONSULTATION

Internal Mareeba Shire Council RADF Committee External Arts Queensland


Nil

POLICY IMPLICATIONS

Nil



Yes



Successful RADF applications will be announced in the media and on Council's website.

ATTACHMENTS



ITEM-10 TCASS SUBCONTRACT EXPRESSION OF INTEREST DOCUMENT INFORMATION

MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Community Wellbeing DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

In accordance with the Council resolution of 17 December 2014 to transition the government funded Tablelands Counselling and Support Services to community management, this report presents the outcome of an Expression of Interest to subcontract the Tablelands Counselling and Support Services to a suitable not for profit community service organisation.


"That Council subcontracts the delivery of the externally funded Tablelands Counselling and Support Services to Community Services Tablelands from 1 July 2015 to 30 June 2017."

BACKGROUND

Tablelands Counselling and Support Service (TCASS) Mareeba Shire Council has sponsored the externally funded TCASS since 2005. The service is funded by the Queensland Department of Communities, Child Safety and Disability Services and employs 3 (three) Officers. It is not an identified service, however, the focus of TCASS is to deliver integrated specialist counselling and family support services to vulnerable families with children and young people aged under 18 years, including unborn children, who find themselves in vulnerable situations, in the towns and districts of the Mareeba Shire. TCASS services aim to:

Improve the wellbeing and safety of children, young people and their families

Build the capacity of families to care for and protect their children

Provide linkages to local universal support services/community groups to enable families to access the resources to build their capacity to solve problems and make positive choices and changes

Prevent entry or re-entry to the statutory child protection system The highest proportion of TCASS clients are Indigenous families in Mareeba and Kuranda. Council's TCASS contract with the funding body is for $314,479 per annum and covers the period 1 July 2014 to 30 June 2017.


New Governance Arrangements for TCASS As part of the Service Level Review to transition the externally funded Community Support Services, Council adopted the following resolution on 17 December 2014: "That Council 1. Implement new governance arrangements for the following externally funded services:

Tablelands Counselling and Support Service Homestay Street To Home

2. Continue to deliver the following two externally funded services and conduct a further

review of governance arrangements by December 2015 for:

Mareeba Youth At Risk Program; and Partners in Recovery."

The new governance arrangements for Tablelands Counselling and Support Services (TCASS) agreed to on 17 December 2014 are:

Council subcontracts the delivery of TCASS to a suitable local specialist community service provider appointed in accordance with Council's Procurement Policy and the approval of the respective funding body. This requires Council to retain the funding agreement with the respective funding body until it expires and Council will then not tender for a new contract.

All staff in the funded positions for TCASS are retained and transition to employment by the subcontractor, service levels are maintained and there is no impact on clients and the wider community.

Council's role then becomes one of contract manager, responsible for managing the contract with the funding body and the subcontractor. Council is no longer in the role of community services management responsible for the day to day delivery of the funded service. Council will retain a portion of the grant to cover the costs associated with the reduced role of Contract Manager.

Expression of Interest Called In accordance with Council's Procurement Policy, an Expression of Interest (EOI) was called for Subcontracting the Tablelands Counselling and Support Service from Mareeba Shire Council. The EOI closed 11am Monday 9 February 2015 and two (2) written expressions of interest were received from the following organisations:

Kuranda Neighbourhood Centre; and

Community Services Tablelands. A panel assessed each application against specific criteria and the panel members comprised of three Senior Council Officers and a Department of Communities, Child Safety and Disability Services Senior Officer, representing the TCASS funding body.


The initial assessment criteria included: 1. Ability to deliver a similar service to the Department of Communities, Child Safety and

Disability Services; 2. Capacity to manage the service based in Mareeba; 3. Ability to prepare accurate quarterly outputs and performance reports to the Mareeba

Shire Council; and 4. Ability to prepare accurate financial reports; The panel decided to request further information from both organisations and both were asked to respond to the two (2) additional selection criteria below: 1. Demonstrated ability to deliver culturally competent services to Indigenous families in

the towns and districts of the Mareeba Shire, especially Mareeba and Kuranda; and 2. Demonstrated practice frameworks and service delivery strategies or approaches to

deliver TCASS services to vulnerable families with children aged under 18 years to achieve the service aims.

Kuranda Neighbourhood Centre then advised by email that the Committee intended to withdraw its expression of interest. Community Services Tablelands provided the additional information and was assessed against all six criteria and the panel decided that the organisation was well able to deliver TCASS on behalf of Mareeba Shire Council for the duration of the current contract. Community Services Tablelands is a not for profit community-based organisation that delivers a range of community services across the Tablelands region, including Mareeba Shire. Most of these services are state or commonwealth government funded which are delivered by paid employees and other services and activities are delivered by volunteers. The incorporated body has an elected volunteer committee of management, a paid Chief Executive Officer, paid employees and volunteers. Department of Communities, Child Safety and Disability Services Approval Council's TCASS contract with the Department of Communities, Child Safety and Disability Services requires the funding body to approve the appointment of a suitable subcontractor. On 21 April 2015, Council received written advice that the Regional Director of the Department approved of Community Services Tablelands subcontracting the delivery of TCASS for Mareeba Shire Council.


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 TCASS Officers Procurement Officer Manager Organisational Development Manager Systems and Customer Service


Director Corporate and Community Chief Executive Officer External Kuranda Neighbourhood Centre Community Services Tablelands Department of Communities, Child Safety and Disability Services


Nil

POLICY IMPLICATIONS

Nil



Yes



A contract for the TCASS subcontracting arrangements will be negotiated with Community Services Tableland. TCASS employees have been kept informed of all developments.

ATTACHMENTS



INFRASTRUCTURE SERVICES

TECHNICAL SERVICES

ITEM-11 PANEL OF PREFERRED PROVIDERS - 2015-2016 OCCASIONAL PLANT HIRE - EOI-MSC2015-02


MEETING: Ordinary


REPORT OFFICER’S TITLE: Senior Fleet Allocation Officer DEPARTMENT: Infrastructure Services, Technical Services

EXECUTIVE SUMMARY

The expression of interest for Panel of Preferred Providers, Occasional Plant Hire 2015-2016 closed at 11:00am Wednesday, 24 March 2015. Council received 142 submissions with 1 (one) further submission received after the closing time. Included with the agenda is a list of names of contractors that are recommended to be empanelled as suitable providers under the terms and conditions of the Expression of Interest (EOI) documentation and the Local Government Act.


"That Council empanel the contractors listed in the documentation attached to this report for the purpose of providing Occasional Plant Hire EOI-MSC2015-02 for the 2015/2016 financial year."

BACKGROUND

In accordance with Section 231 of the Local Government Regulation 2012 titled “Exception for contractor on approved contractor list”, Council is required to empanel the applicants that Council deem to be suitable providers in order for them to provide occasional plant hire. Only these contractors who are listed in the panel of suitable suppliers can be used for the purpose of providing occasional plant hire. This does not exclude other contractors from being engaged on a job by job basis should empanelled contractors not be available as long as they have been engaged under the conditions of the Mareeba Shire Council. Local Supplier The definition of local suppliers must comply with the definition adopted by Council in the Mareeba Shire Council procurement policy and which: i. is beneficially owned by persons who are residents or ratepayers in the Mareeba shire

Council; or


ii. has its principle place of business/registered office within the Mareeba Shire Council; or

iii. Otherwise has a place of business within the Mareeba Shire Council which solely or primarily employs persons who are residents or ratepayers of the Shire.

In addition to the procurement policy a “local supplier” for the purpose of the EOI is a supplier nearest to the township where the goods or services are required. Both local and non-local suppliers are included in the panel of suitable providers. However, when considering a non-local supplier a 10% margin is proposed to be applied for the purpose of assessment. A schedule of the suitable suppliers sorted by plant type, zones (1, 2, 3, 4, and 5 on attached map) and price is available from both the personal assistants to the Mayor and CEO. A detailed listing of names and addresses of contractors tendered for 2015-2016 EOI is attached below.

CONSULTATION

Internal Director Infrastructure Services Manager Works Manager of Technical Services Senior Plant Allocation Officer Fleet Administration Assistant Tenders and Contracts Officer Senior Advisor Workplace Health and Safety External Nil


Nil

POLICY IMPLICATIONS

Complies with Mareeba Shire Council Procurement Policy with Local Government Act


Capital Nil Operating To ensure cost effective selection of contractors to undertake occasional work for Council. Is the expenditure noted above included in the 2015/2016 budget?

N/A



1. Once the Mareeba Shire Council empanels the listed contractors with the purpose of providing Occasional Plant Hire for 2015/2016, all contractors will be notified in writing by the Tenders and Contracts Officer;

2. From 1 July 2015, those contractors empanelled by the Mareeba Shire Council can be called upon to carry out various works for the Mareeba Shire Council.

ATTACHMENTS

1. List of Panel of Providers - EOI-MSC2015-02 2. Proposed Zonal Map

Date Prepared: 24 March 2015


ITEM-12 REQUEST TO RENAME WATKINS PLACE, MT MOLLOY DOCUMENT INFORMATION

MEETING: Ordinary


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

EXECUTIVE SUMMARY

A letter has been received from a resident of Mt Molloy requesting that Watkins Place be renamed Gerda's Road. The resident advises that she has lived in Watkins Place for 20 years and her residence is the only dwelling in that street. Council's road naming policy states that any request to rename an existing road or street must be made in writing and referred to Council. The policy also provides a list of names for the naming of roads and streets in the Mt Molloy & Mt Carbine area, which are sourced from the names of fallen and returned soldiers from World Wars 1 and 2.


"That Council does not approve the renaming of Watkins Place to Gerda's Road as it does not meet the criteria as required in Council's Road Naming Policy."

BACKGROUND

A resident has sent a written request to Council to rename Watkins Place, Mt Molloy to Gerda's Road. The resident advises that she has lived in Watkins Place for 20 years and is the only person living in this short cul-de-sac street off Santowski Crescent. However there are two undeveloped allotments which may also gain access off Watkins Place and Santowski Crescent. An extract from Council's Road Naming Policy below provides guidance on the renaming of an existing road. The main points to note from the policy and which are relevant to this request are detailed in paragraphs 3.3.3 and 3.3.4.


3.3 THE NAMING OF EXISTING, UNNAMED ROADS AND THE RENAMING OF ROADS

3.3.3 Where a proposed name is not from an approved list, the proposal will be referred to Council for approval.

3.3.4 Proposals regarding the renaming of existing roads must be made in writing and referred to Council for approval, after a process of public notification.

3.3.5 Council will notify all property owners of the subject road of the proposed naming or renaming of a road, and advertise the proposal via the local media. The community will then have a period of thirty (30) business days to respond with a submission in opposition or support of the proposed road renaming, before a report with a recommendation is put before for Council.

3.3.6 Where there is opposition or a dispute about a proposed name, a report will be prepared and referred to Council for their consideration and resolution.

Should Council agree to the renaming of Watkins Place then paragraphs 3.3.5 and 3.3.6 from the Road Naming Policy will apply. As the renaming of this road is not on the approved list of names and therefore does not meet the requirements of the policy it is not recommended that Watkins Place be changed to Gerda's Road.


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 Nil External Nil


Nil

POLICY IMPLICATIONS

Road naming and renaming guidelines are detailed in Council's Road Naming Policy. Extract provided above


Capital Nil


Operating Nil


Should Council decide to approve the renaming paragraphs 3.3.5 and 3.3.6 will apply

ATTACHMENTS

1. Locality Map showing Watkins Place, Mt Molloy. Date Prepared: 25 May 2015


WATER & WASTE

ITEM-13 MAREEBA WASTE MANAGEMENT COLLECTION POLICY


MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Water and Waste DEPARTMENT: Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY

The current Waste Management Kerbside Collection Audit has identified gaps in the current Waste Management Kerbside Collection Policy (the Policy). The Policy has been amended to reflect current practices of Mareeba Shire Council and to provide consistency in customer service relating to domestic kerbside waste collection.


"That Council adopt the amended Waste Management Kerbside Collection Policy as attached."

BACKGROUND

A Waste Management Kerbside Collection audit (wheelie bin audit) has recently been completed by Mareeba Shire Council (MSC) Waste Services. The field component of this audit has recently been completed where a MSC Waste Services employee accompanied the domestic kerbside collection contractor, JJ Richards, on the various domestic waste pick up routes. That audit noted how many bins were put out for collection at each residence and were assessed against a prepared list of residents who receive a charge on their rates notice for a kerbside collection service(s). Many anomalies in the number of bins collected versus how many services are being charged were identified. To address these anomalies, Council officers require sound policy and procedures to provide a consistent approach to customer service. The MSC Waste Management Kerbside Collection Policy is the appropriate document that would guide Waste Services officers in this instance. However, the policy does not adequately provide guidance on this subject. Furthermore, it has been identified that the Policy does not provide guidance for Council Officers on the issue of a reported missed collection service where it is alleged that the contractor has not picked up a wheelie bin. MSC receives a number of reports about missed services. This results in a loss of efficiency in the waste service as MSC Waste Service officers must attend the residence and pick up the bin. The amended policy provides for


guidance on how to respond to a missed collection service report and a method of deterring repetitive reports from certain residents. A number of changes have also been made to the Policy to reflect the changes in waste service practice post de-amalgamation with Tablelands Regional Council.


ENV 5 - Prepare an environmental scorecard to ascertain the current status of the natural environment in the Shire and to inform Council's response to environmental management and sustainability and the development of protection and conservation plans.

CONSULTATION

Internal Customer Service Officers Building Inspector Infrastructure Services Administration Environmental Compliance Officer Waste Service Officers Manager Water and Waste External Nil


Nil

POLICY IMPLICATIONS

The MSC Waste Management Kerbside Collection Policy is suggested to be amended.



Nil




The amended policy will be communicated to all relevant parties within Council.

ATTACHMENTS

1. Waste Management Kerbside Collection Policy (suggested amendments); 2. Kerbside Collection Service Letter template; 3. Information Notice - Mobile Garbage Bin Collection. Date Prepared: 24 March 2015


ITEM-14 QMSC2015-11 TO 14 CONTRACT OPERATOR - MSC REGION WASTE TRANSFER STATION OPERATIONS


MEETING: Ordinary Meeting



EXECUTIVE SUMMARY

Mareeba Shire Council employs contractors to operate waste transfer stations in a number of locations throughout the region. The current contractual term is due for expiry on 30 June 2015. Tenders for the renewal of the contracts were recalled on 7 March 2015 with a closing date of 31 March 2015. Council has also engaged the services of a Probity Auditor to review the tender assessment process and provide an independent assessment to Council on the tender assessment process followed by Council officers. Tenders were received and opened in the presence of Council officers and the Probity Auditor.


"That Council note the progress report on the Transfer Station Tender Assessment Process."

BACKGROUND

The current contracts for the provision of supervision services at the Waste Transfer Stations across the MSC region expire on 30 June 2015. Tenders for the operating contracts were advertised on 7 March 2015 with a closing date of 31 March 2015. During the initial assessment phase, it was evident that it was unlikely that the two firms who tendered for the Irvinebank Waste Transfer Station site would be successful in securing any of the other sites that they had tendered upon. Council officers then contacted the Probity Auditor and consulted with the auditor and suggested that Council officers contact both firms requesting if they would be willing to accept only the Irvinebank Transfer Station Operating Contract. Both firms indicated they would decline the Irvinebank operating contract without the acceptance of their submissions on the other sites that were tendered on. Council officers then advised the Probity Auditor and suggested recalling the Irvinebank Transfer Station Operating Contract which was mutually agreed.


Tenders for the Irvinebank Transfer Station were recalled on 2 May 2015 with a closing date of 26 May 2015. Once the Irvinebank Transfer Station tender has been assessed and the entire assessment for all sites has been reviewed by the Probity Auditor a formal report will be presented to Council for consideration.


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 Director Infrastructure Services Procurement officer External Probity Auditor


Local Government Act 2009

POLICY IMPLICATIONS

Nil


Capital Nil Operating Nil


Successful tenderer is to be advised with sufficient time for transition to the new financial year.

ATTACHMENTS



ITEM-15 TRADE WASTE POLICY DOCUMENT INFORMATION

MEETING: Ordinary



EXECUTIVE SUMMARY

This report deals with the Trade Waste Policy and proposes to update the fees and charges schedule. It also includes provision for cost recovery for Mareeba Landfill leachate treatment.


"That Council adopt the amended Trade Waste Policy as attached."

BACKGROUND

An internal review of the current MSC Trade Waste Policy has recently been conducted. The assessment found that:

the Policy lacks a clear method of determining the correct charge for a category 2 or 3 trade waste. In particular, unit volume charge rates and unit pollutant charge rates are missing. These unit charge rates are critical inputs to calculations for charges ; and

the trade waste charges provided in Appendix 3 of the Policy were out of date and require amendment. Schedule 3 of the Policy is proposed to include the 2015 - 2016 adopted fees and charges.

The updated policy also includes provision for cost recovery for Mareeba Landfill leachate treatment. This cost recovery is an internal Council transfer.


ENV 5 - Prepare an environmental scorecard to ascertain the current status of the natural environment in the Shire and to inform Council's response to environmental management and sustainability and the development of protection and conservation plans. 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 Environmental Compliance Officer Water and Waste staff Manager Water and Waste External Waste and Management Services (WAM)


Nil

POLICY IMPLICATIONS

The MSC Trade Waste Policy will be amended.



No

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


The amended policy will be communicated to all relevant parties within Council.

ATTACHMENTS

1. Draft amended Trade Waste Policy for MSC. Date Prepared: 04 May 2015


BUSINESS WITHOUT NOTICE

NEXT MEETING OF COUNCIL

The next meeting of Council will be held at Mareeba on 9:00 am on Wednesday 17 June 2015.

Council meeting agenda 3 june 2015

Documents

Transcript of Council meeting agenda 3 june 2015