Cairns City Council Ordinary Meeting 27 October 2005 5.30

CAIRNS CITY COUNCIL

ORDINARY MEETING

27 OCTOBER 2005

5.30P.M.

TABLE OF CONTENTS

1. 2006 AUSTRALIA DAY AWARDS AND CELEBRATIONS...... 1 Gary Schofield : #1076745

2. REQUEST FOR SUPERSEDED PLANNING SCHEME – COMMERCIAL PREMISES AND COMMERCIAL SERVICES – UNIT 500, 2 APLIN STREET, CAIRNS – DIVISION 6...... 10 Jenny Elphinstone: 8/35/12 : #1070739

3. NEGOTIATED DECISION - MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - MAJOR SHOPPING DEVELOPMENT & INDOOR ENTERTAINMENT - CAPTAIN COOK HIGHWAY, CLIFTON BEACH – DIVISION 11...... 21 Jenny Elphinstone: 8/8/677: #1075022

4. NEGOTIATED DECISION - RECONFIGURING A LOT (1 LOT INTO 40 RESIDENTIAL LOTS WITH 2 COMMUNITY PURPOSE LOTS & BALANCE LOT) – KANIMBLA HEIGHTS ESTATE STAGE 5 - LOT 795 RAMSEY DRIVE, KANIMBLA – DIVISION 9 ...... 28 Rohan Lee: 8/13/905-01: #1079333

5. NEGOTIATED DECISION - RECONFIGURING A LOT (1 LOT INTO 100 LOTS & 2 COMMUNITY PURPOSE LOTS) – CORNER RAVIZZA DRIVE & UNNAMED ROAD, EDMONTON – DIVISION 2 ...... 40 Rohan Lee: 8/13/941-01: #1038384

6. REQUEST TO CHANGE AN EXISTING APPROVAL FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – TOURIST RESORT - FITZROY ISLAND – DIVISION 6...... 54 Jenny Elphinstone: 8/8/544-03 : #1080346

7. REQUEST FOR A MINOR CHANGE TO AN EXISTING DEVELOPMENT APPROVAL – 10-14 AMPHORA STREET, PALM COVE - DIVISION 11...... 62 Jon Julian: 8/8/150-01 : #1077376

8. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – ENVIRONMENTALLY RELEVANT ACTIVITY (ERA11) – INDUSTRY CLASS C (BITUMEN STORAGE FACILITY) – 10, 11 & 7-11 MACONACHIE STREET, WOREE – DIVISION 5...... 69 Luke Jackson: 8/8/745-01 : #1047223

9. MATERIAL CHANGE OF USE (CODE ASSESSMENT) – BUSINESS FACILITIES – 168-184 DRAPER STREET, PORTSMITH – DIVISION 5...... 86 Luke Jackson: 8/7/287-01 : #1066668

10. MATERIAL CHANGE OF USE (CODE ASSESSMENT) – HOUSE – 3 RICHMOND COURT, MOOROOBOOL – DIVISION 9 ...... 94 Paul Cohen: 8/7/311-01 : #1077319

11. TERMS OF REFERENCE – PLANNING AND ENVIRONMENT COMMITTEE...... 103 Peter Tabulo : 1/58/14-01: #1077442

12. PROPOSED MINISTERIAL DESIGNATION FOR COMMUNITY INFRASTRUCTURE – EDMONTON PRIMARY SCHOOL...... 108 Nikki Huddy : 8/26/5-06 : #1077887

13. PROPOSED MINISTERIAL DESIGNATION FOR COMMUNITY INFRASTRUCTURE – REDLYNCH MIDDLE SCHOOL...... 116 Nikki Huddy : 8/26/5-06 : #1077884

14. REVIEW OF CAIRNSPLAN...... 127 Adam Pratley : 8/26/5-06: #1076879

15. ASSISTANCE AND GUIDE DOG REVIEW...... 130 Laurie Phipps : 8/5/3-25: #1079560

16. MATERIAL CHANGE OF USE (CODE ASSESSMENT) – MULTI UNIT HOUSING – 138, 136 BUCHAN STREET & 184, 182 SPENCE STREET, CAIRNS – DIVISION 5...... 148 Jenny Elphinstone: 8/7/293 : #1080939

17. RECONFIGURING A LOT (1 LOT INTO 124 LOTS) – LOT 998 GAMBURRA DRIVE, REDLYNCH VALLEY – DIVISION 12...... 174 Jenny Elphinstone: 8/13/998 : #1033044

ii 18. REQUEST FOR SUPERSEDED PLANNING SCHEME CONSIDERATION – MULTI UNIT HOUSING (10 X 2 BEDROOM UNITS) – 12-14 OLD SMITHFIELD ROAD, FRESHWATER – DIVISION 9 ...... 194 Rohan Lee: 8/35/11-01: #1066543

19. REQUEST TO CONSIDER ALTERNATIVE ACCEPTABLE MEASURE – PRELIMINARY APPROVAL – STONEY CREEK ROAD, KAMERUNGA – DIVISION 12 ...... 203 Peter Boyd: 8/7/304-01 : #1074888

20. EAST WOREE DEVELOPMENT STRATEGY – PROPOSED EXTRA WORK...... 214 Brad Finegan:bf : 8/10/4-01: #1080210v1

21. COMMERCIAL ACTIVITIES – FRUIT STALL CITY PLACE...... 226 Steve Booker: 1/58/10-02: 1075179

22. RESPONSE TO DEPARTMENT OF TOURISM, FAIR TRADING AND WINE INDUSTRY DEVELOPMENT – LIQUOR LICENSING DIVISION – NEW APPLICATIONS...... 233 Kelly Barnes: 8/20/6-03: #1079350

23. HOUSE REMOVAL APPLICATION FROM LOT 269 NR5177, 60-70 MAGAZINE STREET, STRATFORD TO LOT 2 RP710575, 15 NIELSEN STREET, ALOOMBA - DIVISION 1 ...... 241 Kerry Maggs : 12/2/2-11 : #1074558

24. RECONFIGURING A LOT (1 LOT INTO 38 RESIDENTIAL LOTS AND 1 BALANCE LOT) – CAPTAIN COOK HIGHWAY, PALM COVE – DIVISION 11 ...... 250 Peter Boyd: 8/13/988-01 : #1015666

25. QUEENSLAND AUDIT OFFICE AUDIT REPORT FOR THE FINANCIAL YEAR ENDED JUNE 2005 ...... 274 Jo-Anne Scarini : 1/58/15-03: #1081295

iii 1

ORDINARY MEETING 1 27 OCTOBER 2005

20200606 AUSTRALIA DAY AWARDSAWARDS AND CELEBRATIOCELEBRATIONSNSNSNS

Gary Schofield : #1076745

RECOMMENDATION:

1. That Cairns City Council nominate three councillors to serve under chair Cr Kevin Byrne, to consider the Australia Day nominations, with support provided by Manager of Media and Public Relations, Events and Marketing Co-ordinator, and Executive Officer to the Mayor, and that the panel make recommendations to Council on all award recipients.

2. That the proposed celebrations venues for Palm Cove, Cairns, and Gordonvale be adopted.

4. That Media and Public Relations organise the central activity at the Cairns Civic Theatre, and in cooperation with the divisional councillors, and their respective community committees, for the northern and south activities.

INTRODUCTION:

Each year, Cairns City Council calls for expressions of interest from the community to seek to identify persons, organisations or groups worthy of an Australia Day award.

These awards are then presented the following January 26 on Australia Day at a public ceremony hosted by Cairns City Council.

It is proposed to again stage that ceremony next year in Council’s Cairns Civic Theatre for the first time in many years, and plans are well advanced for this occasion.

For the past four years, this ceremony has been staged in Council’s administration building central atrium area, but it has become increasingly obvious this area can no longer accommodate the expected numbers and is too hot during the height of summer.

BACKGROUND:

In previous years, a report has been tabled with Council by Media and Public Relations, which include the names of all nominees in each category, and it is the intention to follow the same procedure again this year.

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The reigning Citizen of the Year is leading businessman and community philanthropist, Mr Jeff Hopgood, who would be invited as a special guest to the 2006 awards ceremony. The reigning Junior Citizen of the year is Pallavi Kumar.

It has been traditional for many years for a triple celebration to be conducted involving the northern, central and southern communities. This year it is the turn of Gordonvale to host the southern celebrations, and the northern celebrations will be held at Palm Cove.

COMMENT:

The formation of a panel was proposed for last year’s awards, and endorsed by Council, which gave delegated authority to the panel to judge these awards.

That panel comprised the Mayor as chair, three councillors – Cr Cochrane, Cr Gregory, and Cr Ford - and with assistance and support from Manager of Media and Public Relations, and Executive Officer to Mayor.

The five proposed awards to be promoted for 2006 are: • Citizen of Year. • Junior Citizen of Year. • Cultural Award (open to all ages). • Volunteer of the Year (open to all ages). • Sportperson of the Year (open to all ages).

The full program of activities for each of the venues will be provided to all councillors once finalised.

CONSIDERATIONS:

Statutory:

There are no considerations.

Policy:

There are no considerations.

Financial:

The Australia Day budget this financial year contains $26,000 to cover and promote the staging of three Australia Day activities.

The northern and southern committees each receive $5,500 inclusive of GST for staging of their events.

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All advertising and promotional programs covering the three venues is coordinated and managed by Media and Public Relations Branch staff.

The two organisations receiving financial assistance are required to submit an acquittal at the end of the event, and the respective divisional councillors are closely involved in the planning of these celebrations.

Sustainability:

Cairns City Council enjoys a very high public profile through the conducting and hosting of its Australia Day celebrations, and its promotion of Australia Day awards.

CONSULTATION:

Mayor Cr Kevin Byrne, Cr Deirdre Ford AM, Cr Margaret Cochrane, Cr Paul Gregory (representing the Gordonvale celebrations), CEO David Farmer, Events and Marketing Coordinator Glenda McAuliffe, Manager of Media and Public Relations Gary Schofield, and Cr Sno Bonneau (representing the Palm Cove celebrations)

OPTIONS

• The Council may wish to consider reverting to the former process of having the committee bring names of recommended award recipients forward for consideration by the whole of Council.

CONCLUSION:

Media and Public Relations Branch has begun the initiative of early media promotion of these awards and celebrations, and has posted a nomination form on Council’s website. Nomination forms are also available from all Council offices and libraries.

A concerted effort will be made to back-up this early campaign in the lead-up to the Christmas/New Year holiday season and beyond, especially targeting the unsung heroes within our community.

Each divisional councillor is asked to help identify worthy candidates from within their respective communities, and encourage their nomination. Media and Public Relations staff will also place advertisements and plan further media coverage seeking to encourage more nominations.

The Mayor has written personally to many sporting, cultural, arts, community and service organisations inviting these to put forward their nominations.

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ATTACHMENTS:

• Mayor’s draft letter seeking nominations • New nomination form

Gary Schofield Manager of Media and Public Relations

David Farmer Chief Executive Officer.

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ORDINARY MEETING 2 27 OCTOBER 2005

REQUEST FOR SUPERSEDED PLANNING SCHEME – COMMERCIAL PREMISES AND COMMERCIAL SERVICES – UNIT 500, 2 APLIN STREET, CAIRNS – DIVISION 6

Jenny Elphinstone: 8/35/12 : #1070739

PROPOSAL: COMMERCIAL PREMISES AND COMMERCIAL SERVICES

APPLICANT: THL CAIRNS PTY LTD (T/A THAKRAL) C/ VICTOR G FEROS PO BOX 1256 CAIRNS QLD 4870

LOCATION: UNIT 500, 2 APLIN STREET CAIRNS QLD 4870

PROPERTY: LOT 500 ON SP171167 PARISH OF CAIRNS

PLANNING DISTRICT: CBD NORTH

PLANNING AREA: TOURIST & RESIDENTIAL

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: NOT APPLICABLE

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: 4 NOVEMBER 2005 (FOR ISSUE OF THE ACKNOWLEDGMENT NOTICE)

DIVISION: 6

APPENDIX: 1. CURRENT APPROVED PLANS 2. PROPOSED LAYOUT PLANS

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LOCALITY PLAN

Subject Site

RECOMMENDATION:

A. That Council approve the request for a development application for a Commercial Premises and Commercial Services (Day Spa) as shown on Drawing Nos. 2165 SK03, Issue P dated 19/08/2005 (Level 2 Podium – Health Spa); 2165 SK02, Issue O dated 20/7/2005 (Level 1 Podium); and 2165 SK03, Issue O dated 20/7/2005 (Level 2 Podium) prepared by Ainsley Bell Murchison Architects on land described as Lot 500 on SP171167, Parish of Cairns located at Unit 500, 2 Aplin Street, Cairns City, to be assessed under the Superseded Planning Scheme being the Planning Scheme for Part of the City of Cairns.

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B. That Council exercise its discretion under Section 4.3.3(l) of the Planning Scheme for Part of the City of Cairns and accept the parking rate of a 50% for Commercial Services and require the payment of a contribution of 0.52 car space for the proposed development application 8/35/12 as detailed in Recommendation A above. The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $10,288.47 (0.52 space). Payment of the contribution must be made prior to the commencement of the land use.

EXECUTIVE SUMMARY:

Council is in receipt of a request for a development application to be assessed under the Superseded Planning Scheme being the Planning Scheme for Part of the City of Cairns. The request relates to land located at 2 Aplin Street, Cairns City, which was zoned Central Business under Planning Scheme for Part of the City of Cairns and is included in the Tourist and Residential Planning Area within CairnsPlan.

The proposed development is defined as a Commercial Premises and Commercial Service within the Planning Scheme for Part of the City of Cairns being a self- assessable use in the Central Business zone.

The proposed development forms part of a much larger development, Trilogy, which is a 186 Multiple Dwelling/Holiday Apartment complex in a Tall Building fronting the Esplanade with ancillary shops and restaurants at the ground level. The Trilogy development is currently under construction and was approved under development Permit 8/8/262.

The request to have the proposed development assessed under the superseded Planning Scheme is supported at Officer level and approval of the request is recommended. Should Council agree to the request for the application to be assessed under the Superseded Planning Scheme, a consideration of minor car parking dispensation from Council is required.

TOWN PLANNING CONSIDERATIONS:

Background

Planning approval, under the Integrated Planning Act, has issued for the development of a Tall Building containing Accommodation Units and Holiday Apartments under Development Permit 8/8/262. This development is currently under construction and the developer/owner, Thrakral, is promoting and selling units from the site.

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On 24 April 2004 Council at the Ordinary Meeting approved an amendment to the approved plans whereby part of the Level Two, previously devoted to car parking with minor retail components, will now also contain some dwelling units. The modifications involved increasing the number of units on site, expanded the retail component and changed the on-site car parking arrangements. The site population was marginally increased however this still remained below the then current maximum allowable of 800 persons per hectare.

The applicant indicated a preparedness to pay monetary contributions for any shortfalls in communal open space and requested Council to dispense with the minor deficiency in on-site parking. That is, that Council accept five car spaces as small spaces. Council supported both the amendments and reductions to car parking rates applicable to the development as follows.

1. A reduction of 50% for the retail floor area parking rates; 2. A rate of 0.5 car space per unit for the self-contained duel key component; and 3. A rate of 0.7 car space per unit for the other self-contained units.

Proposal

Request has been made for consideration of new uses at Level 2 under the Superseded Planning Scheme. Those uses being the replacement of four dual-key Multiple Dwellings/ Holiday Apartments (accounting for all the previously intended accommodation component at Level 2) with offices and a day spa.

The office will occupy a floor area of 197m2 (GFA) and 184m2 (NLA).The day spa will occupy a floor area of 193m2 (GFA) and 177m2 (NLA).

Under the Superseded Planning Scheme for part of the City of Cairns these uses are defined as Commercial Premises and Commercial Services. Both uses were self- assessable development under the Superseded Scheme

The applicant has reviewed the ground floor layout design and identified that two further car parking spaces can be accommodated in this area and that a small car space can be provided at the Podium Level 2.

The effect of removing the Multiple Dwellings on Level 2 gives a credit of 3.2 car spaces to the development. Together with the additional two ground floor spaces a total of 6.2 spaces can be provided.

Under the Superseded Planning Scheme the requirement for car parking was rated at 1 space for 50m2 for both Commercial Premises and Commercial Services located at first floor levels or above. This amounts to 7.54 spaces. Thus there would be a shortfall of 1.34 spaces.

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The applicant has requested that Council consider a dispensation for on-site parking by applying a 50% discount for the retail component (Day Spa) on the basis of previous considerations given to the Development Permit 8/8/262. Applying such a discount there would be a net increase of 0.52 spaces (refer to the following table).

Planning Scheme for Part of the City of Cairns

The site is included within the Central Business zone within the Planning Scheme in which a Commercial Premises and a Commercial Service (Day Spa) are self- assessable development. The nature of the proposed development was in keeping with and consistent with the intent of the Central Business zone within the Planning Scheme for Part of the City of Cairns.

When considering the request for dispensation in relation to car parking, it was acknowledged that the retail and commercial uses on the site would have a reduced demand and these uses would essentially act as ancillary components to the residential use. This was because of the significant size of the Trilogy development. Additional car parking has been provided and the resultant net increase in demand of 0.52 space is normally provided by payment of an off-site parking contribution. It is appropriate that the balance of car parking be provided in this manner.

The applicant has also lodged a request for change to the conditions of development permit 8/8/262 to reflect the resulting effect of Council accepting the application for the Commercial Premises and Commercial Services under the Superseded Planning Scheme. This matter can be addressed through a delegated approval.

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CairnsPlan

CairnsPlan has adjusted the land use definition and the level of assessment for the proposed uses. Under CairnsPlan the proposed uses fall within the definitions of Business Facilities (Office) and Shopping Facilities (Day Spa) as a result of an attempt to reduce the number of land use definitions and as a consequence the uses are impact assessable uses on this particular site.

The proposed uses are akin to those on the ground floor area and typical of those established in the Cairns central city area. The site while included in the Tourist and Residential Planning Area is physically on the fringe of the CBD. Council has previously accepted retail components on the site in particular due to the Esplanade frontage. The uses are minor and they do not alter or diminish the overall dominance of residential use on the land which maintains the intent of the CairnsPlan.

It is considered that there will be no net benefit in making the applicant apply for the proposed development under CairnsPlan having regard to the following:

1. The subject land is Tourist and Residential under CairnsPlan and the proposed development are minor components of a larger residential development that is consistent with the purpose of this Planning Area Code;

2. Council has previously resolved to grant dispensations in relation to both car parking in order to facilitate the establishment of other retail uses on the site; and

3. The site is well under construction and the majority of the site will be used in accordance with development permit 8/8/262.

For the reasons outlined above, approval of the request to have the development assessed under the superseded Planning Scheme is recommended.

Jenny Elphinstone Senior Planning Officer Action Officer

Simon Clarke Manager City Assessment

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APPENDIX 1 – CURRENT APPROVED PLANS

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APPENDIX 2 – PROPOSED LAYOUT PLANS

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ORDINARY MEETING 3 27 OCTOBER 2005

NEGOTIATED DECISION - MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - MAJOR SHOPPING DEVELOPMENT & INDOOR ENTERTAINMENT - CAPTAIN COOK HIGHWAY, CLIFTON BEACH – DIVISION 11

Jenny Elphinstone: 8/8/677: #1075022

PROPOSAL: NEGOTIATED DECISION – MAJOR SHOPPING DEVELOPMENT & INDOOR ENTERTAINMENT

APPLICANT: FTV HOLDINGS CAIRNS PTY LTD C/- PLANNING FAR NORTH PO BOX 7801 CAIRNS QLD 4870

LOCATION: CAPTAIN COOK HIGHWAY CLIFTON BEACH

PROPERTY: LOT 3 ON RP741974, PARISH OF SMITHFIELD

ZONE: COMMERCIAL

STRATEGIC PLAN: URBAN

DCP: HILLSLOPES CATEGORY A

PLANNING SCHEME: PLANNING SCHEME FOR THE BALANCE OF THE CITY OF CAIRNS

REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS

NUMBER OF SUBMITTERS: 37 SUBMISSIONS (32 PROPERLY MADE SUBMISSIONS AND 5 NOT PROPERLY MADE SUBMISSIONS)

STATUTORY ASSESSMENT DEADLINE: 16 SEPTEMBER 2005

DIVISION: 11

APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

Subject Site

RECOMMENDATION:

That Council issue a Negotiated Decision for a Material Change of Use (Impact) for extensions to the existing Shopping Centre for use as a Major Shopping Centre over land described as Lot 3 on RP 741974, Parish of Smithfield located at Lot 3, Captain Cook Highway, Clifton Beach whereby,

1. Condition 4 is amended as follows:

Water Supply and Sewerage Contributions

4. The applicant/owner must contribute in accordance with Council's policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.

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The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $338,586.58 (86.0 EDCs) $33,858.66 (8.6 EDCs) for water and $317,322.19 (86.0 EDCs) $31,732.22 (8.6 EDCs) for sewerage.

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

2. All other conditions of the Decision Notice remain unchanged.

EXECUTIVE SUMMARY:

Council at the Planning and Environment Committee held on 15 September 22005 approved the development of a Major Shopping Centre which encompassed extensions to the existing Shopping Centre incorporating the use of Indoor Entertainment, (cinemas). The applicant has requested a Negotiated Decision in respect to corrections to an error in the calculations of developer contributions and secondly, a request to reduce the width of the landscape buffer in the north-east section of the site.

No issue is raised with the correction of the developer contributions as this was an officer error in the calculations. The request for the reduction in the width of the landscape buffer in the north-eastern section of the site is not supported.

TOWN PLANNING CONSIDERATIONS:

Request for Recalculation of Developer Contributions.

Condition 4 of the approval requires the payment of water and sewer headworks contributions. A ten fold factor of error is apparent in the calculations. The calculations for water and sewer are charged on the basis of 0.36 EDC’s per 100m2 of Shop floor area. The floor area extensions of 2,365m2 equate to 8.6EDC’s rather than 86.0EDC’s as was previously reported to Council .

Officer Comment

The error is acknowledged. The amended contributions are tabled as follows.

Element Comment Calculation Contribution Water District 4: $3,937.05/EDC 86.0 EDC 8.6 EDC $338,586.58 Demand: x $3,937.05/EDC $33,858.66 2,365m2 increase in GFA = 86 EDC 8.6 EDC Sewerage District 2: $3,689.79/EDC 86.0 EDC 8.6 EDC $317,322.19 Demand: $3,689.79/EDC $31,732.22 2,365m2 increase in GFA = 86 EDC 8.6 EDC

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Request for Reduction in Width of Landscape Buffer

Condition 3c of the approval requires the inclusion of a 6 metre width landscape buffer commencing from the north-eastern corner of the intersection of the site with Elford Close and extending along the northern boundary to the eastern boundary together with a 4.2 metre high acoustic fence. The applicant is prepared to construct the acoustic fence, as per part a of the condition. It is requested that the width of the landscape buffer be reduced to 3 metres.

The applicant argues as follows.

“Noise attenuation is required to be provided by the acoustic fence, rather than by a combination of the fence and landscaping. Whether the landscaped buffer is 6 metres or 3 metres in width will have no effect on the noise attenuation to be achieved.

It is accepted that landscaping should be provided to screen or soften the view of the acoustic fence from the adjoining properties. However, it is considered that a 3 metre wide buffer is sufficient to achieve this.

A practical example of this is the landscaped buffer provided to the south-eastern boundary of the site. This buffer has a width of 3 metres. The landscaping within the buffer is approximately one year old. The landscaping provides a very good screen to the existing fence to that boundary.

Similar planting can, and will, be provided to the north-western boundary. This will achieved the desired outcome without the need for a 6 metre wide buffer.”

Officer Comment

The application was proposed as including a 3 metre wide landscape buffer along the north-eastern property boundary. Council considered this width insufficient in the original assessment of the applicant and required as a condition of the approval an amended design that increased this buffer width to 6 metres.

The issue of noise attenuation is separate to that of visual amenity. No landscape buffer can achieve noise attenuation, unless it is of a considerable width and includes a substantial earth mound, as found in residential developments setback from a State- controlled road.

The Planning Scheme requirement for a landscaped buffer of 6 metres width can only therefore relate to the protection of residential amenity both for visual amenity and the presence and siting of structures and activity. It is a physical dimension proportionate to human scale. The 6 metre buffer forces both building and activity associated with the Shopping Centre to be at least 6 metres from neighbouring residential properties.

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Issue has been raised by the residential neighbours in the southern side of the Shopping Centre that the 3 metre wide buffer is insufficient. A greater separation between uses and a better landscaped area is obviously achieved by a 6 metre buffer than a 3 metre buffer.

It is not recommended that Council accede to the applicant’s request.

Jenny Elphinstone Senior Planning Officer Action Officer

Simon Clarke Manager City Assessment

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APPENDIX 1 SITE LAYOUT PLAN

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ORDINARY MEETING 4 27 OCTOBER 2005

NEGOTIATED DECISION - RECONFIGURING A LOT (1 LOT INTO 40 RESIDENTIAL LOTS WITH 2 COMMUNITY PURPOSE LOTS & BALANCE LOT) – KANIMBLA HEIGHTS ESTATE STAGE 5 - LOT 795 RAMSEY DRIVE, KANIMBLA – DIVISION 9

Rohan Lee: 8/13/905-01: #1079333

PROPOSAL: NEGOTIATED DECISION - RECONFIGURING 1 LOT INTO 40 RESIDENTIAL LOTS WITH 2 COMMUNITY PURPOSE LOTS AND BALANCE LOT (KANIMBLA HEIGHTS ESTATE STAGE 5)

APPLICANT: S & F MARINO PTY LTD C/- BRAZIER MOTTI PTY LTD PO BOX 1185 CAIRNS QLD 4870

LOCATION: LOT 795 RAMSEY DRIVE, KANIMBLA

PROPERTY: LOT 795 ON SP165899, PARISH OF CAIRNS

ZONE: RESIDENTIAL

STRATEGIC PLAN: LOW DENSITY RESIDENTIAL

DCP: DCP 1 – RESIDENTIAL DENSITIES – 60 PERSONS PER HECTARE DCP 2 – HEIGHT AND IMPACT OF BUILDINGS – PRECINCT 6 DCP 4 – HILLSIDES – PRECINCT 2

REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS – DEPARTMENT OF NATURAL RESOURCES & MINES – CONCURRENCE AGENCY

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE

DIVISION: 9

APPENDIX: 1. SITE LAYOUT PLAN 2. LOCAL TRAFFIC MANAGEMENT PLAN 3. CORRESPONDENCE FROM MILL

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LOCALITY PLAN

N L N E B G L U R E E

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E L L E C L I S

L C L C O S E RECOMMENDATION:

That Council resolve to approve to issue a Negotiated Decision with respect to Development Application 8/13/905 for land described as Lot 795 on SP165899, Parish of Cairns for 1 Lot into 40 Lots with 2 Community Purpose Allotments and Balance Allotment located at Ramsey Drive, Kanimbla, subject to the following conditions:

1. That Condition 1 be amended to read as follows:

The proposed Plan of Development Drawing Nos. 301106/355AB (Sheet 1 of 3), 301106/355AB (Sheet 2 of 3) and 301106/355AB (Sheet 2 3 of 3), dated 10 December 2004 and prepared by Brazier Motti Pty Ltd is approved subject to any alterations:

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

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b. To ensure that the development complies in all respects with the following conditions of approval and the requirements of the Council’s Planning Scheme, Development Manual and good engineering practice.

c. Subject to any alterations found necessary by the Council at the time of examination of the Engineering Plans or during the construction of the development because of particular engineering requirements.

Except where modified by these conditions of approval.

2. That Condition 13 be amended to read as follows:

The applicant/owner must arrange for the transfer to Council over the sections of creek/gully/drainage area, which are located within the subject property, as shown as proposed Lot 792 821 on the endorsed plan 30106/355B prepared by Brazier Motti Pty Ltd, Cairns, dated 10 December 2004.

The width of land to be transferred shall contain all land below the top of the high bank and a ten (10) metre minimum wide strip adjacent the top of bank on both sides the southern side of Lot 821 of the gully/creek/watercourse, or the limit of Q100 flooding, whichever is the greater. The land shall be transferred as drainage reserve in conjunction with the registration of the Plan of Survey.

3. That Condition 24 be deleted.

4. That Condition 25 be added to read as follows:

Community Purpose Infrastructure Contributions

The applicant/owner must transfer to the Crown proposed Lot 820 for Public Use Land – Park in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997. This area of land must be to the requirements and satisfaction of the Chief Executive Officer. The land must be transferred to the Crown at the same time as registering the Plan of Survey with the Department of Natural Resources, Mines and Energy.

5. In all other regards, the conditions and advice contained in Development Permit 8/13/905 decided by Council on 30 June 2005 remain unchanged.

EXECUTIVE SUMMARY:

Council resolved to approve a Reconfiguring a Lot (1 Lot into 40 residential lots with 2 Community Purpose Lots and Balance Lot) subject to conditions at its meeting 30 June 2005. A Negotiated Decision Report was put to the 15 September 2005 Planning & Environment Committee, which was withdrawn from the meeting at the applicant’s request.

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The applicant upon fresh advice from the Mulgrave Central Mill has finalised requirements for infrastructure relating to the cane railway. The applicant has requested that Council amend Condition 13 as it references an incorrect lot and amend Condition 24 to take into account further requests from the Mulgrave Central Mill for the construction of cane railway infrastructure. An additional condition has been proposed to deal with the request in relation to Condition 13.

The applicant’s request in relation to both Conditions is considered reasonable.

TOWN PLANNING CONSIDERATIONS:

Proposal

The following section outlines the condition for which the Negotiated Decision is sought, along with the applicant’s comments and relevant officer comments.

Condition 1

Condition 1 of the Development Permit currently reads:

The proposed Plan of Development Drawing Nos. 301106/355A (Sheet 1 of 3), 301106/355A (Sheet 2 of 3) and 301106/355A (Sheet 2 of 3), dated 10 December 2004 and prepared by Brazier Motti Pty Ltd is approved subject to any alterations:

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

Except where modified by these conditions of approval.

Applicant’s Comments

Nil

Officer’s Comments

Condition 1 requires amendment to accommodate new plans submitted with the Negotiated Decision request. The new plans reference the proposed dedication of Drainage Reserve along Lot 821, creating a new revision of plans for the Development Permit.

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Condition 13

Condition 13 of the Development Permit currently reads:

The width of land to be transferred shall contain all land below the top of the high bank and a ten (10) metre minimum wide strip adjacent the top of bank on both sides of the gully/creek/watercourse, or the limit of Q100 flooding, whichever is the greater. The land shall be transferred as drainage reserve in conjunction with the registration of the Plan of Survey.

Applicant’s Comments

The condition incorrectly references Lot 792. Lot 792 is the park that was created in the De Roma Close stage of the Kanimbla Heights Estate. It is not relevant to the stage in question. Plan 30106/355B shows proposed Lot 820 as ‘Park’. It is advised that Lot 820 will be improved to Park standard with Q5 stormwater to be piped underground. In accordance with this arrangement this allotment will not be drainage reserve and thus there is no requirement to provide a 10 metre buffer. It is therefore requested that Council exclude proposed Lot 820 from Condition 13.

Due to the extent of work that would be required to achieve Q5 immunity on proposed Lot 821, the allotment is identified as Drainage Reserve on Plan 30106/355B. A 10 metre setback to proposed Lots 764 and 765 will be included in accordance with Condition 13

Officer’s Comments

The request to provide proposed Lot 820 as Open Space is considered reasonable as the applicant has demonstrated that proposed Q100 Flows can be adequately contained in the proposed allotment without the requirement for Drainage Reserve. Comment was sought from Infrastructure Management on this matter and no concern was raised by the Consulting Development Engineer.

The request is considered reasonable and Condition 25 has been recommended as a consequence to ensure the open space area is dedicated to Council.

Condition 24

Condition 24 of the Development Permit currently reads: -

The applicant/owner must complete modifications to cane railway infrastructure located on the subject site. The modifications are required to minimise disruption to Teraglin Street at the proposed cane railway crossing, to minimise noise disruption to local residents located adjacent to the cane railway line and to improve safety for the general public. Modifications must include:

a. Converting the existing siding into a loop;

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b. Extend the siding by a distance to be determined by the Mulgrave Central Mill;

c. Install a suitable fence and lockable gates at each end of the proposed cane railway crossing; and

d. Install level crossing signals at the proposed cane railway crossing at Teraglin Street.

An (sic) plan incorporating the above requirements must be submitted prior to the issue of a Development Permit for Operational Works.

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

Applicant’s Comments

The applicant and representatives of the Mulgrave Central Mill met to discuss Condition 24. As a result of the meeting, Mulgrave Central Mill has revised its position and provided a letter dated 3 August 2005 to confirm their position. In accordance with the agreement reached, the Mulgrave Mill requires provision of certain material and items, and will undertake works associated with the construction of a new siding on its own behalf, and within the time frames nominated in the letter.

In additional meetings with the Mulgrave Central Mill, representatives have advised that there are no requirements for work to be completed on the cane railway infrastructure.

Officer’s Comments

The proposed reconfiguration will not require access over the cane railway easement. Additionally, the Mulgrave Central Mill have advised that they now do not require works to be undertaken until balance stages of the development on the western side of the cane railway line commence. Accordingly, conditions relating to the cane railway have been removed from this Development Permit. Correspondence from the Mulgrave Central Mill relating to the removal of Condition 24 has been included as Appendix 3.

Rohan Lee Planning Officer Action Officer

Simon Clarke Manager City Assessment

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Appendix 1

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Appendix 2

Area Subject of Application

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Appendix 3

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ORDINARY MEETING 5 27 OCTOBER 2005

NEGOTIATED DECISION - RECONFIGURING A LOT (1 LOT INTO 100 LOTS & 2 COMMUNITY PURPOSE LOTS) – CORNER RAVIZZA DRIVE & UNNAMED ROAD, EDMONTON – DIVISION 2

Rohan Lee: 8/13/941-01: #1038384

PROPOSAL: NEGOTIATED DECISION – RECONFIGURING 1 LOT INTO 100 LOTS & 2 COMMUNITY PURPOSE LOTS

APPLICANT: RICHARDSON PLANT HIRE PTY LTD C/- BRAZIER MOTTI PTY LTD PO BOX 1185 CAIRNS QLD 4870

LOCATION: CORNER RAVIZZA DRIVE & UNNAMED ROAD EDMONTON

PROPERTY: LOT 3 ON RP704152, PARISH OF GRAFTON

PLANNING DISTRICT: WHITEROCK - EDMONTON

PLANNING AREA: RESIDENTIAL 2

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: NOT APPLICABLE

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE

DIVISION: 2

APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

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RECOMMENDATION:

That Council resolve to issue a Negotiated Decision with respect to Development Application 8/13/941 for land located at Unnamed Road, Edmonton, more particularly described as Lot 3 on RP704152, Parish of Grafton, subject to the following conditions:

1. That Condition 5 be amended to read as follows:

The applicant/owner must contribute in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provision of Community Purpose Infrastructure.

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This area is to be a fair average of the type of land to be reconfigured and shall be filled, graded, and drained, and all declared pest plants to be destroyed and left in a mowable condition to the requirements and satisfaction of the Chief Executive Officer. Bollards to prevent vehicle access to prevent vehicle access must also be installed as part of the physical land dedication.

The physical provision of land must be dedicated in accordance with the approved Plan of Development, Plan 31172/003 Revision CD, dated 27 January 2005, received by Council on 3 October and prepared by Brazier Motti Pty Ltd, Cairns. The total physical land required is 50503680m2,which must be exclusive of Drainage Reserve areas as required by Condition 1516. The total area to be dedicated as Open Space (including Lineal Park) must be 5080m2. Park improvements must also be completed to the satisfaction of the Chief Executive Officer. in order to satisfy the remaining 3% shortfall of public open space. The park improvements must be completed prior to the approval and dating of the Plan of Survey for the first stage of the development.

Three (3) copies of an amended plan showing the required Parkland must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

The park areas shall be transferred to the Crown at the same time as approval and dating of the Plan of Survey.

2. That Condition 9 be amended to read as follows:

The applicant/owner must undertake the following design and construction works external to the subject land:

a. Provide a full detail design and costing for the Type C Median Divided 4 Lane Road, as detailed in Council’s Traffic Management Plan for the Unnamed Road between Ravizza Drive and Walker Road. The design must allow for a 31 metre carriageway in accordance with the Draft Traffic Network Plan and must include bus layby areas.

b. The detail design in a. above must include a roundabout similar to SKM drawing CFP5011-SK-01 ‘Proposed Ravizza Drive Intersection Layout’ - Option 1 and must comply with the Road Planning and Design Manual, Chapter 14, Roundabouts Tables 14.2 and 14.3. This roundabout must be designed and constructed in full prior to the approval and signing of the Plan of Survey for the first allotment of the estate.

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c. The detail design in (a) above must include suitable treatments for the intersection of the internal access with the Unnamed Road. Such treatments may include a protected right turn from the Unnamed Road to the internal access through the use of line marking and channelisation. Traffic credits will not be made available for works not in accordance with Condition 9(a) above. d. The design must provide for a future road connection between the Unnamed Road and Robert Road and appropriate intersection treatment as detailed in Council’s Draft Transport Network Plan. e. Construct half of the Type C Median Divided 4 Lane Road including the intersection treatments required by Conditions 9(b) above, in accordance with Council’s Traffic Management Plan for the full frontage of the subject land between Ravizza Drive and the access road to the estate. This road must be completed prior to the approval and dating of the Survey Plan for the first allotment of the estate. f. Connection must be made to Walker Road. The construction standard of this road and associated intersection treatments to Walker Road, is to be agreed to by the Chief Executive Officer. In order to obtain traffic credits for this work, the carriageway pavement and intersection works must be constructed in accordance with the approved detailed design required by Condition 9(a) above. The applicant must engage Council to form an agreement relating to a repayment schedule for works over and above applicable Road Network credits for the subject development. g. Approval and dating of the Survey Plan for the last 60 allotments of the Reconfiguration of a Lot will not be undertaken by Council until a road linking Walker Road to Ravizza Drive in accordance with Condition 9(a) – 9(f) is provided and an agreement in accordance with Condition 10 is agreed upon by the applicant/owner and Council.

The above external works constitutes Operational Works. Such work must be constructed in accordance with a Development Permit for Operational Works prior to the approval and dating of the Plan of Survey unless otherwise agreed to by the Chief Executive Officer.

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3. That Condition 10 be amended to read as follows:

The dedication of land for the purpose of achieving the road corridor width of 31 metres in addition to the area detailed on proposed Plan of Development Drawing No. 31172/003 Revision C can be claimed against applicable traffic contributions in accordance with Council’s Traffic Management Plan in addition to the external works required by Condition 9 above provided the construction of the road works is in accordance with an overall design for the ultimate standard of the Type C Median Divided 4 Lane Road.

Provided the construction of the road works is in accordance with an overall design for the ultimate standard of the Type C Median Divided 4 Lane Road, External works required by Condition 9, can be claimed against applicable traffic contributions in accordance with Council’s Traffic Management Plan.

The applicant must engage Council to form an agreement relating to a repayment schedule for works over and above applicable Road Network credits for the subject development.

The applicant/owner must obtain permission from the Chief Executive Officer for the design and construction of such works. The extent of roadworks for construction and value of developer’s contributions credit for such works must be determined by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

4. That Condition 25 be amended to read as follows:

The street layout and design must be revised to comply with Queensland Streets and the FNQROC Development Manual, to the satisfaction of the Chief Executive Officer. In particular:

a. Provision of 2.0 metre wide footpath within all streets serving more than 30 Lots.

b. A 2.0 metre wide concrete footpath be provided along the bank of Blackfellows Creek, connecting to the existing concrete footpath on Ravizza Drive and to a pedestrian underpass of the cane rail line located in Lot 10 on RP704152.

c. A 5.0 metre wide pathway with a 2.0 metre wide concrete footpath be provided between proposed lot 81 and 82.

d. Ensure the access street ‘street leg length’ is designed in order to satisfy the 40km/hr design speed control criteria;

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e. Minimum road width must not be less than 14m;

f. Developer must demonstrate that service vehicles can manoeuvre within the culs-de-sac, in particular in the vicinity of lots 57-60 and 81, - 88 and indicate how on street parking is proposed to be managed;

g. Parking bays must be provided at the end of each T or Y head cul-de- sac and at road stubs at the rate of 0.5 parking bays per frontage lot as per 2.12 of Queensland Streets. Alternatively the cul-de-sac may be designed to provide a nine (9) metre radius cul-de-sac similar to examples in Queensland Streets; and

h. The road reserve fronting Lots 1-12 and 88-100 must be 15 metres for the entire length of the road.

An amended plan incorporating the above requirements must be submitted prior to the issue of a Development Permit for Operational Works.

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

5. That Condition 27 be included as follows:

Screen Fence

The applicant must erect a fence along the Unnamed Road frontage of the land. The fence must be constructed in accordance with the FNQROC Development Manual, prior to the approval and dating of the Plan of Survey.

6. That Condition 28 be included as follows:

Community Purpose Infrastructure Contributions

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total contributions are $35,553.30 (147.3 EPs) for Community Purpose Infrastructure.

7. In all other regards, the conditions and advice contained in Development Permit 8/13/941 decided by Council on 16 June 2005 remain unchanged.

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EXECUTIVE SUMMARY:

Council resolved to approve a Reconfiguration of a Lot (1 Lot into 100 Lots with 2 Community Purpose Lots) subject to conditions at its meeting on 16 June 2005. The applicant has requested that Council amend Conditions. Changes are sought to Condition 1 (for amended plans), Condition 5 (Open Space requirements), Condition 9 (General External Works clarifications) and Condition 10 (road network credit clarifications). Changes have been made to Condition 25 (Internal Road Layout for consistent road reserve widths) and Condition 27 has been added to allow for a screen fence to be provided for the frontage to Unnamed Road along with Condition 28 to secure monetary contribution for the shortfall in Community Purpose contributions.

TOWN PLANNING CONSIDERATIONS:

Proposal

The following section outlines the conditions for which the Negotiated Decision is sought, along with the applicant’s comments and relevant officer comments.

Condition 1

Condition 1 of the Development Permit currently reads:

The proposed Plan of Development Drawing No. 31172/003 Revision C dated 27 January 2005 and prepared by Brazier Motti Pty Ltd, Cairns is approved subject to any alterations:

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

b. To ensure that the development complies in all respects with the following conditions of approval and the requirements of the Council’s Planning Scheme, FNQROC Development Manual and good engineering practice.

Except where modified by these conditions of approval.

Applicant’s Comments

Nil

Officer’s Comments

Condition 1 requires amendment to accommodate a new plan submitted with the Negotiated Decision request. The new plans reference the staging for the proposed development.

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Condition 5

Condition 5 of the Development Permit currently reads:

The physical provision of land must be dedicated in accordance with the approved Plan of Development, Plan 31172/003 Revision C, dated 27 January 2005 and prepared by Brazier Motti Pty Ltd, Cairns. The total physical land required is 5050m2, which must be exclusive of Drainage Reserve areas as required by Condition 15. Park improvements must also be completed to the satisfaction of the Chief Executive Officer in order to satisfy the remaining 3% shortfall of public open space. The park improvements must be completed prior to the approval and dating of the Plan of Survey for the first stage of the development.

Three (3) copies of an amended plan showing the required Parkland must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

The park areas shall be transferred to the Crown at the same time as approval and dating of the Plan of Survey.

Applicant’s Comments

Drawing number 31172/003 issue C was amended for park and design issues in accordance with Councils (sic) request and accepted by Council, we therefore request the removal of the following paragraph:

Three (3) copies of an amended plan showing the required Parkland must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Officer’s Comments

The condition has been amended as it has been considered reasonable that a monetary contribution be provided in lieu of the shortfall of Open Space. The usable land of the subject site is 7.22 hectares, which requires a 7220m2 Open Space contribution. The applicant has provided 5080m2 for a park, however 3680m2 of this land is exclusive of land considered to be Drainage Reserve.

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The provision of 3680m2 is 5.09% of the subject site or 50.9% of the Open Space Contribution. A monetary contribution of 49.1% of Open Space Contribution has been requested as part of a new Condition 28. The contribution requested is 147.3 Equivalent Persons, totalling $35,553.30.

A smaller open space area has been accepted as the Divisional Councillor has indicated that a larger area will be available at the junction of Walker Road and Unnamed Road, where Education Queensland is planning a new school. As part of this development, Council will be pursuing a joint facility between the new school and Council where it is planned to establish an indoor sporting facility supported by sporting grounds to be shared between the school and the community. In this case, a contribution to the White Rock – Edmonton Local Area Space Management Plan is worthwhile.

Condition 9

Condition 9 of the Development Permit currently reads:

The applicant/owner must undertake the following design and construction works external to the subject land:

a. Provide a full detail design and costing for the Type C Median Divided 4 Lane Road, as detailed in Council’s Traffic Management Plan for the Unnamed Road between Ravizza Drive and Walker Road.

d. The design must provide for a future road connection between the Unnamed Road and Robert Road and appropriate intersection treatment as detailed in Council’s Draft Transport Network Plan.

e. Construct half of the Type C Median Divided 4 Lane Road including the intersection treatments required by Conditions 9(b) above, in accordance with Council’s Traffic Management Plan for the full frontage of the subject land.

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f. Connection must be made to Walker Road. The construction standard of this road and associated intersection treatments to Walker Road, is to be agreed to by the Chief Executive Officer. In order to obtain traffic credits for this work, the carriageway pavement and intersection works must be constructed in accordance with the approved detailed design required by Condition 9(a) above.

Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size and detailed costings must be submitted to Council and be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Operation Works. Such work must be constructed in accordance with the endorsed plan prior to the approval and dating of the Plan of Survey unless otherwise agreed to by the Chief Executive Officer.

Applicant’s Comments

The condition relates to the higher order road to be constructed from the proposed estate to Walker Road. We understand that the works are included within Council’s Traffic Management Plan, however, the timing of any payment is uncertain as the works are in excess of the contributions credit amounts for this development.

This portion of works is external to the proposal and not an integral part of this development. The timing for this link road to connect to Walker Road should be in sequence with the adjoining development. We suggest to impose this condition is unreasonable as the works are external to the proposal and for the benefit of the wider community. We request the condition be amended to include a payment program by Cairns City Council which has some certainty or removal of this condition altogether.

Officer’s Comments

In a meeting on 27 September 2005, the applicant agreed to provide a link between Walker Road and Ravizza Drive with the following timings:

• A road providing access to the estate from Ravizza Drive that ceases at the entrance to the estate. This road must be constructed before Council will endorse the first allotment of the estate. The road must have a roundabout at the intersection of Ravizza Drive, Bicentennial Road and Unnamed Road and half of the Type C Median Divided 4 lane road must be constructed.

• The first 40 allotments (Stage 1) of the estate can access via this road.

• Before the final 60 allotments of the development will be released, the applicant/owner must provide a road from the entrance to the estate, connecting to Walker Road. The applicant/owner must also engage Council to reach an agreement on a repayment schedule for construction costs of the Network Road over and above the credits available from the development.

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• Only once Council reaches an agreement and the road linking Walker Road to Ravizza Drive is constructed, will Council endorse the final 60 allotments for the development.

The applicant agreed to this in a letter dated 9 September 2005 and received by Council on 3 October 2005.

Condition 10

Condition 10 of the Development Permit currently reads:

Applicant’s Comments

Nil

Officer’s Comments

An amendment to Condition 10 was required as no further land will be surrendered by the applicant in order meet the requirements for the 31 metre road reserve. This reference to land resumption has been removed.

Condition 25

Condition 25 of the Development Permit currently reads:

The street layout and design must be revised to comply with Queensland Streets and the FNQROC Development Manual, to the satisfaction of the Chief Executive Officer. In particular:

a. Provision of 2.0 metre wide footpath within all streets serving more than 30 Lots.

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c. A 5.0 metre wide pathway with a 2.0 metre wide concrete footpath be provided between proposed lot 81 and 82.

d. Ensure the access street ‘street leg length’ is designed in order to satisfy the 40km/hr design speed control criteria;

e. Minimum road width must not be less than 14m;

f. Developer must demonstrate that service vehicles can manoeuvre within the culs-de-sac, in particular in the vicinity of lots 57-60 and 81, -88 and indicate how on street parking is proposed to be managed;

g. Parking bays must be provided at the end of each T or Y head cul-de-sac and at road stubs at the rate of 0.5 parking bays per frontage lot as per 2.12 of Queensland Streets. Alternatively the cul-de-sac may be designed to provide a nine (9) metre radius cul-de-sac similar to examples in Queensland Streets;

An amended plan incorporating the above requirements must be submitted prior to the issue of a Development Permit for Operational Works.

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

Applicant’s Comments

Nil

Officer’s Comments

Condition 25 has been amended requiring the applicant to provide a consistent road reserve width in front of Lots 1-12 and Lots 88-100. This change has been made at the request of the Infrastructure Management Branch of Council.

Condition 27

Condition 27 has been included as part of this Negotiated Decision report.

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Officer’s Comments

Condition 27 has been included as the original Decision Notice did not reference any requirement for a screen fence along the Unnamed Road frontage of the subject site. The screen fence is required to restrict direct access to Unnamed Road from individual allotments in the estate.

Condition 28

Condition 28 has been included as part of this Negotiated Decision report.

Officer’s Comments

Rohan Lee Planning Officer Action Officer

Simon Clarke Manager City Assessment

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Appendix 1

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ORDINARY MEETING 6 27 OCTOBER 2005

REQUEST TO CHANGE AN EXISTING APPROVAL FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – TOURIST RESORT - FITZROY ISLAND – DIVISION 6

Jenny Elphinstone: 8/8/544-03 : #1080346

PROPOSAL: REQUEST TO CHANGE AN EXISTING APPROVAL FOR TOURIST RESORT COMPRISING 48 HOLIDAY APARTMENTS (DUAL KEY – SELF CONTAINED UNITS / MOTEL SUITES), 160 BED HOSTEL

APPLICANT: FITZROY ISLAND HOLDINGS PTY LTD C/- FLANAGAN CONSULTING GROUP PO BOX 5820 CAIRNS QLD 4870

LOCATION: FITZROY ISLAND

PROPERTY: LOT 169 ON NR5153, PARISH OF TRINITY

PLANNING SCHEME: SUPERSEDED SCHEME, PLANNING SCHEME FOR THE BALANCE OF THE CITY OF CAIRNS

ZONE: RESIDENTIAL 3

STRATEGIC PLAN: URBAN

DCP: HILLSLOPES DCP – CATEGORY A - UNCONSTRAINED

REFERRAL AGENCIES: • ENVIRONMENTAL PROTECTION AGENCY (CONCURRENCE AGENCY) • NATURAL RESOURCES AND MINES (THIRD PARTY ADVICE AGENCY) • QUEENSLAND TRANSPORT (THIRD PARTY ADVICE AGENCY) • DEPARTMENT OF PRIMARY INDUSTRIES AND FISHERIES (THIRD PARTY ADVICE AGENCY) • GREAT BARRIER REEF MARINE PARK AUTHORITY (THIRD PARTY ADVICE AGENCY)

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• DEPARTMENT OF EMERGENCY SERVICES (THIRD PARTY ADVICE AGENCY)

NUMBER OF SUBMITTERS: 12

STATUTORY ASSESSMENT DEADLINE: 22 NOVEMBER 2004

DIVISION: 6

APPENDIX: 1. SKETCH PLAN OF RESULTANT RE- SITING OF PROPOSED BUILDINGS

LOCALITY PLAN

RECOMMENDATION:

That Council resolve to issue an Amended Development Permit for a Material Change of Use (Impact Assessment) for the development of 48 Holiday Apartments (Dual Key – self contained units / Motel Suites) and 160 Bed (160 single beds or maximum 120 persons) Hostel on land described as Lot 169 on NR5153, Parish of Trinity located at Fitzroy Island whereby:

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1. Condition 13 is amended as follows:

13. The height of the Holiday Apartments shall not exceed the building envelope height of 11.5 metres from natural ground to the top of the roof ridgeline measured from RL 3.4 AHD to the underside of the eaves;

2. All other conditions of the Decision Notice dated 20 December 2004 remain unchanged; and

3. The Environment Protection Agency, as a Concurrence Agency is forwarded a copy of the Amended Development Permit.

EXECUTIVE SUMMARY:

Council is in receipt of a request for a change to a condition of the existing approval. to develop Fitzroy Island for a Material Change of Use for:

Tourist Resort comprising 48 Holiday Apartments (Dual Key – Self Contained Units / Motel Suites); 160 Bed Hostel.

The proposed amendment is minor and has regard to the siting requirements of the Environment Protection Agency and consequential conflict with Council's Assessment Manager Condition 13. The report recommends that the request be supported and Condition 13 be amended.

TOWN PLANNING CONSIDERATIONS:

Background

Council at the Ordinary Meeting held on 15 December 2004 approved a Development Permit for a Material Change of Use (Impact Assessment application) for the establishment of 48 Holiday Apartments (Dual Key - self contained units / Motel Suites) and 160 Bed (160 single beds or maximum 120 equivalent persons) Hostel on land described as Lot 169 on NR5153, Parish of Trinity located at Fitzroy Island subject to conditions.

The Environment Protection Agency (EPA) was a concurrence agency under the Coastal Management Act and required as a condition of the approval that the buildings be located outside the Erosion Prone Area, defined by a setback of 40m from the Medium High Water Spring Tide level.

Compliance with the EPA's condition results in the buildings being located in an area where the ground level is lower than the ground level at the originally proposed location on the top of the frontal dune. Compliance with Council's Condition 13 will result in the ground floor level of the proposed building being below the minimum habitable floor level required by the Flooding and Drainage requirements of Section H of the Superseded Planning Scheme for the Balance of the City of Cairns.

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Applicant's Request

The applicant has requested that Condition 13 of the Development Permit be modified where the maximum building height of 11.5 metres is measured from the minimum fill level prescribed by the Superseded Planning Scheme which is 3.4mAHD.

The resultant relocation of the buildings beyond the erosion prone zone places the building at the toe of the hillside and as a consequence there will be greater excavation and retaining structures at the interface with the hillside. The applicant has requested that the 11.5 metres height be measured, exclusive of the minimum fill level (3.4m AHD) and the measurement be between the minimum fill level and the underside of the building eaves. A sketch of the effect of the variation to the condition is included in Appendix 1.

The applicant states that the sketches demonstrate that for each building, at the revised building location and with the revised building height, the potential visual impact of the proposal is reduced compared to the original proposal based on an observer point located at eye height level for an observer at the water line on the beach. Further, the sketches demonstrate that the proposed change to the building envelope height will not result in any impact on visual amenity and reduce the vegetation impacts resulting in an improved environmental outcome for the development.

Officer Comment

No issue is raised with the request. As a general application of the Superseded Scheme, building height is measured from the required minimum fill level. The amendment to the condition will address the current conflict between the conditions. The proposed amendment is minor and it is considered that no further submissions would result from the proposed change. No issue is raised with the minor increase to overall height.

As demonstrated by the sketch plans there is less intrusion to the views from the foreshore by relocating the buildings back to the toe of the hillside.

Jenny Elphinstone Senior Planning Officer Action Officer

Simon Clarke Manager City Assessment

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APPENDIX 1 - SKETCH PLAN OF RESULTANT RE-SITING OF PROPOSED BUILDINGS

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ORDINARY MEETING 7 27 OCTOBER 2005

REQUEST FOR A MINOR CHANGE TO AN EXISTING DEVELOPMENT APPROVAL – 10-14 AMPHORA STREET, PALM COVE - DIVISION 11

Jon Julian: 8/8/150-01 : #1077376

PROPOSAL: REQUEST FOR A MINOR CHANGE TO AN EXISTING DEVELOPMENT APPROVAL

APPLICANT: LINDSAY LEE PTY LTD C/- BRAZIER MOTTI PTY LTD PO BOX 1185 CAIRNS QLD 4870

LOCATION: 10-14 AMPHORA STREET, PALM COVE

PROPERTY: LOT 1 ON RP723541 PARISH OF SMITHFIELD

PLANNING DISTRICT: NORTHERN BEACHES

PLANNING AREA: TOURIST & RESIDENTIAL

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCY: NOT APPLICABLE

NUMBER OF SUBMITTERS: NIL

STATUTORY ASSESSMENT DEADLINE: 3 NOVEMBER 2005

DIVISION: 11

APPENDIX: 1. PHOTO OF AMPHORA STREET FRONTAGE (NORTH OF ENTRANCE) 2. PHOTO OF AMPHORA STREET FRONTAGE (SOUTH OF ENTRANCE) 3. PHOTOS OF EXISTING MATURE MELALEUCAS

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LOCALITY PLAN

Subject Site

RECOMMENDATION:

That Council approve the request for a minor change to a development approval over land described as Lot 1 on RP723541, located at 10-14 Amphora Street, Palm Cove, subject to the following:

1. Condition 6 be deleted and replaced as follows:

6. 20 carparking spaces are required to be provided for the proposed development and any increase in carparking spaces must not adversely affect the existing Melaleuca’s on the site.

6. 19 carparking spaces to be provided for the proposed development and any increase in carparking spaces must not adversely affect the existing Melaleuca’s on the site.

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2. Add a new condition, as follows:

Refuse Storage

Refuse storage is required to service the site in accordance with Council’s requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from Cairns Water.

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

3. All other Conditions of the Decision Notice dated 24 December 1999 remain unchanged.

EXECUTIVE SUMMARY:

Council is in receipt of correspondence seeking a minor change to an existing development approval in order to regularise a non-compliant car parking issue for the subject site, located at 10-14 Amphora Street, Palm Cove.

The request for Council to approve the minor change is recommended.

As a consequence of the proposed changes, it is necessary for Council to revise the condition of the original approval with respect to the design plans.

Another consequence of the proposed change makes it necessary to add a new condition with regard to roofing and bunding the refuse area.

TOWN PLANNING CONSIDERATIONS:

Background

The existing 35 unit (plus ancillary facilities) development at 10-14 Amphora Street consists of 32 motel units and 3 dwelling units. Existing Development Approval (8/8/150, dated 1999) conditioned 20 carparking spaces for the development. In preparation of a Planning Certificate in December 2004, City Assessment undertook a site inspection and noted an issue of non-compliance as only 18 usable carparking spaces existed on-site. One (undersize) parking space accommodated a refuse facility whilst another was considerably under-sized.

Proposal

The subject application is for an amended condition that requires 19 spaces and specifies a roofed and bunded refuse area. The applicant wishes to achieve full compliance with Council so as to enable the strata titling of the existing development (Council has already received Survey Plans for endorsement).

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Impact of Proposal

The entire development has not been assessed against all relevant Codes of CairnsPlan because it is an existing lawful use. Only the non-compliant element of the previous approval is the subject of this application.

The Acceptable Measures of CairnsPlan specify the following required parking:

Multi-Unit Housing: 1.75 spaces per unit, plus one wash-down bay. In all cases, a minimum of 1 space per unit is to be roofed.

Motel: 0.75 spaces per unit with a minimum of 10 spaces.

Any current proposal comprising 32 Motel apartments and 3 Dwelling units would require 31 carparking spaces under CairnsPlan. It is acknowledged that the existing non-compliant 19 spaces falls significantly short of CairnsPlan’s requirements, however, the applicant has made a case that the established use has been operating for a number of years and that the owners have advised that there are always vacant car parks within the development. Furthermore, it would be inappropriate to create the compliant 20 spaces at the expense of any of the existing mature Melaleucas present on the site.

HEADWORKS / CONTRIBUTIONS:

No contributions are triggered by the modification.

Jon Julian Planning Officer Action Officer

Simon Clarke Manager City Assessment

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Appendix 1

Photo of Amphora Street frontage (north of entrance) showing an obstructed parking space. The refuse containers are to be moved, thereby freeing this space.

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Appendix 2

Photo of Amphora Street frontage (south of entrance) showing proposed location of Refuse Facility which must be roofed and bunded.

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Appendix 3 - Photos of Existing Mature Melaleucas

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ORDINARY MEETING 8 27 OCTOBER 2005

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – ENVIRONMENTALLY RELEVANT ACTIVITY (ERA11) – INDUSTRY CLASS C (BITUMEN STORAGE FACILITY) – 10, 11 & 7-11 MACONACHIE STREET, WOREE – DIVISION 5

Luke Jackson: 8/8/745-01 : #1047223

PROPOSAL: ENVIRONMENTALLY RELEVANT ACTIVITY (ERA11) - INDUSTRY CLASS C (BITUMEN STORAGE FACILITY)

APPLICANT: FGF BITUMEN PTY LTD C/- C&B GROUP PO BOX 1949 CAIRNS QLD 4870

LOCATION: 10, 11 & 7-11 MACONACHIE STREET WOREE

PROPERTY: LOT 10, 11 ON RP899546 & LOT 113 ON SP167713 PARISH OF CAIRNS

PLANNING DISTRICT: PORTSMITH - WOREE

PLANNING AREA: INDUSTRY

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: ENVIRONMENT PROTECTION UNIT

NUMBER OF SUBMITTERS: 1

STATUTORY ASSESSMENT DEADLINE: 28 OCTOBER 2005

DIVISION: 5

APPENDIX: 1. SITE PLAN OF PROPOSED STORAGE TANKS

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LOCALITY PLAN

Subject Sites

RECOMMENDATION:

That Council approve the development application for a Material Change of Use (Impact) for Bitumen Storage Facility over land described as Lots 10 and 11 on RP899546 & Lot 113 on SP167713, Parish of Cairns located at 7, 10 and 11 Maconachie Street, Woree, subject to the following conditions:

Assessment Manager Conditions

1. The applicant/owner must at all times during the development of the subject land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

a. The approved plans, noted below, prepared by FGF Developments, with drawing numbers CO1 and CO2 dated 19 Aug 2004 and 7 October 2005 respectively and attached as Appendix 1;

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Title Plan Number Date FGF Tank Location Plan & C01 19 Aug 2004 FGF Tank Site Plan FGF Developments 9-11 C02 7 October 2005 Marsh St. Cairns Q.

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

c. To ensure that the development complies in all respects with the following conditions of approval and the requirements of the Council’s Planning Scheme and the FNQROC Development Manual; and

d. Subject to any alterations found necessary by the Council at the time of examination of the Engineering Plans or during the construction of the development because of particular engineering requirements.

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit must be effected prior to the commencement of the use, except where specified otherwise in these conditions of approval.

Drainage Works

3. The subject land must be drained to the satisfaction of the Chief Executive Officer. In particular,

a. The rainwater collected by the bunded tank area is not to be discharged to the stormwater or sewer and must be collected by a licensed trade waste carrier and treated off site. Plans detailing these requirements are to be submitted to Council for approval prior to the commencement of the use.

b. Drainage infrastructure in accordance with the FNQROC Development Manual

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

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

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ii. SQIDs shall remove at least 95% of all foreign matter with a minimum dimension of 3mm and shall be configured to prevent re- injection of captured contaminants. The SQID treat all first flush runoff, which shall be defined as that volume of water equivalent to the runoff from the 3 month ARI storm event. The location of SQIDs within the drainage system shall be planned to ensure that the first flush waters from all parts of the (developed) catchment are treated.

iii. The design of the SQID shall not compromise the hydraulic performance of the overall drainage system.

iv. SQIDs shall be positioned so as to provide appropriate access for maintenance equipment.

Landscaping Plan

4. The applicant/owner must landscape the subject land at the Maconachie Street frontage in accordance with the FNQROC Development Manual and in accordance with a landscape plan submitted to and endorsed by the Chief Executive Officer. In particular, the plan must show:

a. Landscaping of required setback areas, being a minimum 2m metre wide buffer to the Maconachie Street boundary.

b. Inclusion of all requirements as detailed in other relevant conditions included in this Development Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be submitted to and endorsed by the Chief Executive Officer. Areas to be landscaped must be maintained at all times to the satisfaction of the Chief Executive Officer.

CONCURRENCE AGENCY CONDITIONS

Environmental Protection Unit

1. A copy of this Development Approval must be kept in a location readily accessible to personnel carrying out the activity.

2. Personnel responsible for the carrying out of the activity must be are familiar with the conditions of this Approval as they relate to the person’s responsibilities.

3. Any record or document required to be kept by a condition of this Approval must be kept at the workplace for a period of at least five (5) years and be available for examination by an authorised person.

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4. No change, replacement or operation of any plant or equipment is permitted if the change, replacement or operation of the plant or equipment increases, or is likely to substantially increase, the risk of environmental harm above that expressly provided by this Approval.

An example of a substantial increase in the risk of environmental harm is an increase of 10% or more in the quantity of the contaminant to be released into the environment.

5. In carrying out the environmentally relevant activity, all reasonable and practicable measures must be taken to prevent or minimise the likelihood of environmental harm being caused.

6. Incineration or open burning must not be undertaken without the prior written approval of Cairns City Council.

7. Bitumen additives, chemicals and other volatile substances utilised at the workplace in undertaking the activity at the workplace must be stored in sealed containers to prevent the discharge of volatile organic compounds to the atmosphere.

8. Bitumen additives, chemicals, diesel, kerosene and other potential contaminants must be stored:

a. within a bunded area with a sealed floor, with the volume of the bunded area at least 110% of the largest storage tank; and b. in a manner that prevents leakage of the stored materials, contamination of stormwater run-off and land contamination.

9. The existence of acid sulphate soils or potential acid sulphate soils at the approved place must be identified prior to any:

a. disturbance of soil; b. lowering of associated groundwater table; and c. installation of underground storage tanks.

10 In the event acid sulphate soils or potential acid sulphate soils exist at the workplace, an Environmental Management Program must be submitted to Council which addresses:

a. the maintenance in a submerged state of any acid sulphate soils or potential acid sulphate soils; and b. the maintenance of the height of the groundwater table where such lowering would be likely to expose any acid sulphate soils or potential acid sulphate soils to aerobic conditions; and c. management of any excavated soil and associated leachate.

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11. All tanks must be non-corrodible and comply with the following:

a. Tanks must be constructed wholly of non-combustible material and must be compatible with the petroleum product; or b. Tanks must be constructed of steel in compliance with an Australian industry standard accepted as best practice, and the tanks must be cathodically protected; or c. Tanks must be constructed and protected from corrosion in a manner that protects both human health and the environment.

12. The tanks and any pipework must be located in such a manner to protect against impact damage from vehicles or mobile plant.

13. All piping must be non-corrodible and must be constructed:

a. of fibre reinforced plastic which must be compatible with the petroleum product; or b. of flexible plastic which must be compatible with the product; or c. of steel and cathodically protected; or d. protected from corrosion in a manner that protects both human health and environment as in the above options.

14. Product piping between the tank and the dispenser must be one of the following systems:

a. suction product piping with a leak monitoring system; or b. suction product piping is exempt from leak monitoring if designed and installed in accordance with all of the following: i. normally operates at less than atmospheric pressure; and ii. allows the contents of the piping to drain back into the tank if the suction is released; and iii. has only one check valve in the suction product piping; and iv. has the check valve installed vertically and located directly below, and as close as practical to, the suction pump dispenser; and v. enables compliance with clauses (ii), (iii) and (iv) to be readily determined by a competent and experienced person; or c. pressurised product piping must be designed and installed in accordance with the following: i. line leak detection must be provided; and ii. an emergency shut-off valve must be located at the base of each dispenser.

15. Each fill point must be designed and installed in compliance with all of the following:

a. dedicated to one tank only; and b. an Australian industry standard accepted as best practice for pipeline and tank identification; and

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c. accessible from a vehicle in unloading or loading positions with a hose no longer than (6) metres; and d. fitted with a fill point spill containment device, which has a minimum capacity of (15) litres per fill point.

16. Dispenser sumps must be installed underneath any dispensers located on the site in such a manner to collect leaks from the dispenser, and prevent the release of petroleum product into the environment.

17. Overfill protection must be a mechanical and/or electrical device that is installed in the tank fill piping or the vent piping and vapour recovery piping, such that the risk of overfill is significantly reduced.

18. A leak monitoring system must be installed such that it can detect a leak from any portion of the tank or piping. Leak monitoring must be conducted at least every month.

19. All fill and vapour recovery points must be earthed in compliance with an Australian industry standard accepted as best practice for electrical wiring and installation.

20. Where vehicular traffic generates unreasonable releases of dust to the air environment, the area must be sealed or covered with a dust suppressant, such as compacted road base or aggregate, to prevent or minimise dust nuisance.

21. The workplace apron must be maintained in clean order at all times including all exposed hard stand areas in a manner which ensures car parking areas and driveways remain free of accumulated dust and other wastes.

22. Drainage from any workplace apron area on which a vehicle can stand while being fuelled or transferring petroleum products must be directed by appropriate surface grading or bunding into a wastewater pre-treatment system in such a manner so as to prevent the contamination of stormwater.

23. Where a wastewater pre-treatment system(s), including canopy pits, holding tanks, grated drains, vertical gravity separators, coalescing place separators, grated sumps and silt arresters is installed, the system(s) must be maintained regularly to ensure the system(s) is operating to its optimum design efficiency and to prevent overflow of wastes.

24. All uncontaminated stormwater from roofed areas and uncontaminated ground areas must be directed away from the petroleum loading and apron areas. Allowances must be made in the design of any canopies and hard stand areas to exclude uncontaminated stormwater from the wastewater pre-treatment system(s).

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25. All spillage of petroleum products or other potential contaminants must be:

a. cleaned up promptly; and b. cleaned up using an absorbent material.

Note: Used absorbent material must be isolated prior to disposal in an industrial waste bin.

26. A supply of an absorbent material must be available in an accessible location and in a sufficient quantity at all times to contain minor spills of petroleum products.

27. Ensure that wastewater retained and collected within any bunded area(s) is:

a. discharged to sewer in accordance with Cairns City Council’s Trade Waste Policy; or b. transported from the site to a facility whose operator is licensed under the Environmental Protection Act 1994 to receive and dispose or treat of this waste.

28. Where wastewater retained within bunded areas is stored prior to collection, in accordance with Condition (27)(b), the wastewater must be stored in sealed containers located:

a. within a bunded and covered area; or b. within a workshop with a sealed floor; or c. otherwise, by means given prior written approval by Council.

29. Any objects or waste with any surface residual petroleum products must be stored undercover, on a sealed surface, in such a manner as to prevent contaminants entering the soil or uncontaminated stormwater run-off.

30. Disused drums must be drained, sealed and stored in a covered area on a sealed surface prior to being:

a. sent to a metal recycling agent; or b. returned to the drum supplier; or c. disposed of at a waste disposal facility whose operator is licensed to accept such waste for disposal.

31. The Site Based Management Plan submitted with the application must be implemented to address actions to be taken in the event of a product leak, spill or overfill. The Site Based Management Plan must include, but not be limited to:

a. action to be taken to prevent any further release of product into the environment; and

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b. identification and mitigation of fire, explosion and vapour hazards; and c. procedures to prevent further migration of released product; and d. procedures to recover or remove released product so that the site does not pose any threat to the environment or human health and safety; and e. procedures to remove or repair the leaking component; and f. notification to the administering authority where environmental harm is or is likely to occur; and g. information and telephone numbers to advise Cairns City Council.

Any revisions to the Site Based Management Plan must be submitted to Council.

32. An inventory control system must be developed to identify loss of stored petroleum products and must include:

a. a reconciliation of petroleum product with dispenser meter readings and deliveries, which must be performed for each individual tank each day that petroleum products are added or removed from a tank; and b. a monthly summary of cumulative losses or gains of petroleum products.

33. Ensure the inventory control system records and reconciliation data is:

a. maintained and kept on site; and b. kept in an acceptable manner and format; and c. made available to Cairns City Council on request; and d. maintained on site for a minimum of five (5) years.

34. When a loss of petroleum product is indicated by any unexplained variation significantly in excess of the system’s normal pattern, the operator must notify Cairns City Council within two working days of becoming aware of such losses.

35. Where disuse of any tanks is to occur:

a. notify Council in writing, with reference to this Approval; and b. disconnect all pipes from such tanks, in accordance with an Australian industry standard accepted as best practice.

36. In the event of a complaint made to the Administering Authority (which is neither frivolous or vexatious) about noise generated in carrying out the environmentally relevant activity, and the noise is considered by the Administering Authority to be an unreasonable noise, the holder of this environmental authority must take stated measures to ensure that it is no longer an unreasonable noise.

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37. When notifying Cairns City Council of environmental harm under Section 320 of the Act, Council must be provided with sufficient information to take appropriate action.

38. Not more than 14 days following the initial Council notification under Section 320 of the Act, Council must be provided with the following additional information:

a. actions taken and proposed to be taken to prevent a recurrence of the event or minimise the consequences of the event; b. outcomes of any actions taken; and c. the results of any environmental monitoring performed since the event.

39. For the purposes of the Development Approval, any term not otherwise defined in condition (41) of this Approval has the meaning conferred to that term in the Act or in the absence of a meaning in the Act, has the meaning conferred to that term in its common use.

40. In the event of any inconsistency arising between the meaning of any term provided in condition (41) of this Approval and the meaning in the Act or any common usage of that term, the meaning conferred in condition (41) will apply.

41. For the purposes of the approval the following definitions apply:

“Act” means the Environmental Protection Act 1994.

“application” means the application for a Development Approval in relation to the activity received on 17 August 2005 (including any amendments to the application initialled by Cairns City Council and the approval holder) and all plans specifications and information submitted with the application or provided to the Council in response to a request from the Council for additional information.

“approval conditions” means the conditions set out in this Development Approval.

“activity” means crude oil or petroleum product storing.

“authorised person” means a person appointed under the Act by the Chief Executive Officer of Cairns City Council.

“bund” means an embankment or wall that may form part or all of the perimeter of a compound, and is impervious to liquid contained within.

“Council” means Cairns City Council and its successors.

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“dispenser” means a measuring or metering unit designed specifically for the dispensing of a petroleum product from the storage tank to a vehicle or other receptacle, and includes all components, external and internal, mechanical, electrical and hydraulic.

“dispenser sump” means a container, located underneath of dispenser that collects or contains leaks from the dispenser unit and prevents a release of product into the environment.

“personnel” means those persons or entities used by the approval holder in carrying out the approved activity, either directly or indirectly and includes without limitation employees, agents, contractors and sub-contractors.

“petroleum product” means a single product or a mixture of at least 70% hydrocarbons, refined from crude oil, with or without additives, that is used, or could be used, as fuel or lubricant and is liquid at standard conditions of temperature and pressure.

“piping” includes all pipes, fittings and valves utilised in the storage system.

“workplace” means Lots 10 & 11 on RP899546 and Lot 113 on SP167713 or Lots 10 & 11 Maconachie Street and 7-11 Marsh Street, Woree – Assessment Nos. 612887, 309161 & 612796 and Parcel Nos. 98329, 98330 & 115390.

ADVICE

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

2. All building site managers must take all action necessary to ensure the tanks are secured immediately following the first potential cyclone warning is received and that the relevant emergency telephone contacts are provided to Council Officers, prior to the commencement of works.

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

4. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

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EXECUTIVE SUMMARY:

Council is in receipt of an application by Stuart Ricketts of the C & B Group on behalf of FGF Bitumen Pty Ltd who seek permission to formalise the existing use of the premises as a bitumen storage facility at Lots 10 & 11 on RP899546 and Lot 113 on SP167713, Maconachie Street, Woree. Four storage tanks are proposed with a capacity of 130,000 litres for the storage of bitumen, prime, diesel and kerosene. Vehicular access to the site is available off both Marsh and Maconachie Streets, although deliveries would generally be undertaken from Maconachie Street. The proposal was referred to the Environment Protection Unit (EPU) within Council as the proposal is identified as an Environmentally Relevant Activity (ERA) under the Environment Protection Act 1994 (EP Act). Conditions were provided by the EPU to ensure that the storage facility is operated and managed in accordance with EP Act. The site is located in an Industrial Planning Area and the proposal is impact assessable. The use is defined as Industry Class C because it has the potential to be noxious, hazardous or offensive.

The site (which contains three parcels) is currently occupied by the subject storage tanks on Lot 10, a workshop, office and storeroom on Lot 113 and ancillary storage areas for FGF Bitumen on Lot 11. The surrounding area contains a variety of industrial activities including the Southern Wastewater Plant and Waste Transfer Facility located nearby.

The proposed development is consistent with the acceptable measures and performance Criteria in CairnsPlan and is recommended for approval.

TOWN PLANNING CONSIDERATIONS:

Proposal

The proposal is to formalise the existing use of the premises as a bitumen storage facility on land described as Lots 10 & 11 on RP899546 and Lot 133 on SP 167713, at Maconachie and Marsh Street Woree. The storage tanks are located on Lot 10 RP 899546. The site contains three parcels that absorb approximately a third of the block and total an area of 8012m2. The site has frontages to Maconachie and Marsh Streets, gains vehicular access off both streets, contains a single storey workshop fronting Marsh Street and has ancillary storage facilities in the middle of the site. The proposed bitumen storage facility subject to this application is proposed as follows:

• Four storage tanks are proposed containing a total storage capacity of 130,000 litres which is broken sown as follows:

- 2 tanks of bitumen capable of containing 55,000 litres each; - 2 tanks of either prime/kerosene/diesel and capable of containing 10,000 litres each.

• The tanks are contained within a 600mm high masonry wall;

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• Deliveries of bitumen are received via tanker approximately twice a month from Townsville and held on-site to be used in a variety of locations in and around the city area;

• The site operates only during general business hours (7:00am – 6.00pm);

• Employees on site usually include a site foreman and workshop/storeman during hours of operation. Occasionally a third employee such as an apprentice or junior storeman is also working on-site;

• Pickups in smaller heated trucks usually takes place approx 2 – 3 times a week where the bitumen is then transported for use to a variety of sites within the Cairns area. The capacity of the pickup truck is approx. 12,000 litres.

The proposed development demonstrates compliance with the acceptable measures contained in CairnsPlan with the exception of those listed below.

Impact of Proposal

Code CairnsPlan Compliance Portsmith Woree District Applicability Planning Industrial Area Defined Use Material Change of Use – Industry C Potential or Actual Acid Sulphate Soil Material Overlays Overlay 5 metre Contour & <20m AHD Cairns Airport - Obstacle Limitation Surfaces Overlay Bird and Bat Area 2 Outer Obstacle Limitation Surface 151.0m

Cairns Airport – Bird & Bat Strike Overlay Area 2 Road Hierarchy Maconachie and Marsh Streets – Collector Road Development Near Major Transport Corridors & Facilities Code Excavation and Filling Code General Infrastructure Works Code See Assessment Landscaping Code Below Parking & Access Code

Issues

Landscaping

A small area of landscaping is provided to the frontage along Marsh Street however none exists or is proposed along Maconachie Street and the site generally has very limited landscaped area. Landscaping could be introduced inside the site at the Maconachie Street frontage to soften the impact of the proposal upon the streetscape.

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A condition shall be imposed to address this. It is not considered reasonable to impose the required 10% landscaped area for the full site given the proposal is very minor in comparison to the existing developed areas of the site.

Setbacks

The tanks are located within a contained area surrounded by a 600mm high masonry wall sited 1.5m from the northern boundary. The proposed setback complies with the Industry A, B, C code and appropriate conditions have been imposed by the EPU to ensure the tanks are managed appropriately such that they do not adversely impact the operations of the adjacent and surrounding sites.

Parking

No additional parking is required as the tanks do not constitute Net Lettable Area as they are not defined as buildings.

Referral Agencies

The proposal was referred to the Environment Protection Unit (EPU) within Council as the proposal is identified as an Environmentally Relevant Activity (ERA) under the Environment Protection Act 1994(EP Act). Conditions were provided by the EPU to ensure that the storage facility is operated and managed in accordance with EP Act.

Public Notification/Submissions

The proposal was publicly notified in accordance with IPA and one submission was received with respect to the proposal.

Richard Sercombe, General Manager of Cairns Natural Spring Water, Po Box 505E, Earlville QLD 4870.

Cairns Natural Spring Water has no specific objection to the application. It is noted however that the decanting of bitumen and other hazardous materials from trucks to the tanks is carried out on a bare patch of ground, and therefore any spillage of these chemicals will result in these materials soaking into the ground potentially contaminating the ground water. The non-objection by Cairns Natural Spring Water is specifically on the basis that the full EPA controls such as sealing and bunding of the storage area, provision of fuel separation tanks and the like, will all be carried out as part of the application approval, and regularly monitored by Council to ensure full compliance with its EPA rules and responsibilities.

Comment: In the recommendation, conditions have been imposed by the EPU, who are a concurrence agency for the proposed use. The conditions provided by the EPU address the concerns raised by the submitter and will ensure that the impacts from the proposal are appropriately managed.

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HEADWORKS / CONTRIBUTIONS:

None applicable, the proposal does not increase the Net Lettable Area of site.

Luke Jackson Planning Officer Action Officer

Simon Clarke Manager City Assessment

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Appendix 1 - Site Plan of Proposed Storage Tanks

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ORDINARY MEETING 9 27 OCTOBER 2005

MATERIAL CHANGE OF USE (CODE ASSESSMENT) – BUSINESS FACILITIES – 168-184 DRAPER STREET, PORTSMITH – DIVISION 5

Luke Jackson: 8/7/287-01 : #1066668

PROPOSAL: BUSINESS FACILITIES

APPLICANT: PROPERTY FUNDS AUSTRALIA LTD C/- C&B GROUP PO BOX 1949 CAIRNS QLD 4870

LOCATION: 168-184 DRAPER STREET PORTSMITH QLD 4870

PROPERTY: LOT 3 ON RP894303 PARISH OF CAIRNS

PLANNING DISTRICT: PORTSMITH – WOREE

PLANNING AREA: COMMERCIAL

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: NONE

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: 1 NOVEMBER 2005

DIVISION: 5

APPENDIX: 1. SITE/FLOOR PLAN

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LOCALITY PLAN

Subject Site

RECOMMENDATION:

That Council approve the development application for a Material Change of Use (Code) for Professional Offices over part of land described as Lot 3 on RP894303, Parish of Cairns located at 168–184 Draper Street, Portsmith, subject to the following conditions:

Assessment Manager Conditions

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a. The approved plans, noted below, prepared by Power Graham & Dempsey Pty Ltd Architects, dated May 2005 and attached as Appendix 1;

Title Plan Number Date Site/Floor Plan MD 01 May 2005 First Floor Plan

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

c. To ensure that the development complies in all respects with the following conditions of approval and the requirements of the Council’s Planning Scheme and the FNQROC Development Manual; and

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit must be effected prior to the commencement of the use, except where specified otherwise in these conditions of approval.

Parking Signage

3. The applicant/owner must erect a signs to the satisfaction of the Chief Executive Officer, advising of the location of the off-street visitor parking area and access thereto. Details of the signs must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. The signs must be erected prior to the Commencement of Use. One sign must be located on the Draper Street frontage.

Bicycle Parking

4. The applicant/owner must ensure the provision of a secured, on-site bicycle parking for in accordance with Table 10-1 of AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum parking spaces required for this development is 1 space. The bicycle parking area must be constructed prior to the commencement of the use.

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Details Of Development Signage

5. Details of any permanent signage proposed in association with the development must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. In particular, the development must provide clear and legible signage incorporating the street number.

External Lighting

6. All external lighting installed upon the premises including car parking areas must be certified by Ergon Energy (or such other suitably qualified person). The lighting must conform with the Planning Scheme, whereby vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from the ground level.

Crime Prevention Through Environmental Design

7. The applicant/owner must ensure that all lighting and landscaping requirements complies with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

ADVICE

2. All building site managers must take all action necessary to ensure building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning is received and that the relevant emergency telephone contacts are provided to Council Officers, prior to the commencement of works.

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

4. Supporting documentation, outlining the required information for the Dewatering Report is attached to this Development Approval. Further information can be obtained from Council’s Environmental Protection Unit on (07) 4044 3044.

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5. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

EXECUTIVE SUMMARY:

The subject site is located on the north eastern corner of Draper and Hartley Streets Portsmith and contains an existing warehouse, ancillary offices which are vacant, car parking and landscaping. The warehouse receives deliveries which are unloaded, stored and transferred into the stores/retail outlets on the adjacent site. The site has an area of 7,868m2 and is accessed off both Hartley and Draper Streets.

The proposal is to redevelop the existing ancillary offices (associated with the warehouse use) into separate professional offices which operate independent of the warehouse. No additional building work is proposed. The offices are no longer required for the warehouse as the warehouse provides deliveries for the adjacent Harvey Norman store, which have their own offices.

The proposal results in a minor shortfall in onsite car parking. It is considered that the level of parking provided satisfies the Performance Criteria in this instance.

The proposal satisfies all other relevant codes under CairnsPlan and is therefore recommended for approval subject to conditions.

TOWN PLANNING CONSIDERATIONS:

Proposal

The site currently contains a large warehouse and approximately 646m2 of commercial office space over two floors, which adjoins the Cairns Hypermarket retail precinct. The warehouse is currently used for storage by Harvey Norman, and was previously occupied by Carlton United Breweries (CUB). Under the current approval, the offices were ancillary to the warehouse use. The site is situated at the fringe of the CBD within a locality that provides for a wide variety of uses including professional offices, service, retail and light industrial related uses.

The proposed development involves the redevelopment of the existing ancillary offices into stand-alone professional offices. No building work is proposed and no alterations are proposed to the landscaping surrounding the site and the existing parking and access to the site.

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Impact of Proposal

Code CairnsPlan Compliance Portsmith Woree District Applicability Planning Commercial Area Defined Use Material Change of Use – Business Facility Overlays Height and Impact of Buildings Overlay Cairns Airport - Obstacle Limitation Surfaces Overlay Cairns Airport – Bird & Bat Strike Overlay Potential or Actual Acid Sulphate Soil Material Overlay <20m AHD

Flood Inundation Overlay (ARI 100 year) Road Hierarchy Draper Street - Collector Road Pedestrian & Cycle Movement Overlay District Route Development Near Major Transport Corridors & Facilities Code Excavation and Filling Code General Infrastructure Works Code Landscaping Code See Discussion Parking & Access Code Below

Issues of Non-compliance

Parking

The proposed amount of parking is considered to be adequate to cater for the likely demand of the proposal.

The parking code acceptable measures require 1 space of parking for every 90m2 of Net Lettable area for a warehouse and 1 space per 25m2 of Nett Lettable Area for commercial offices. The existing warehouse area and store totals 3,262m2 and creates a demand for 37 parking spaces while the proposed offices have an area of 646m2 generating a demand of 26 spaces. The total number of spaces required for the site is therefore 63 spaces. The number of spaces existing on the site is 56 and the proposal has a shortfall of 7 spaces. The applicant submits that the proposal meets the intent of the Performance Criteria for the following reasons:

1. Recent site surveys demonstrate that the existing parking facilities on the site are grossly under-utilised;

2. The existing parking facilities are adequate to accommodate the parking demands of both the existing warehouse and proposed offices; and

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3. A substantial number of on-street car parking facilities are available along the street frontage to the subject site.

The existing warehouse is currently in full operation and the parking area within the site generally contains very few cars. It is therefore unlikely that the existing 56 spaces would not be able to cater for the 26 vehicles estimated to use the site for the professional offices. Further, there are 32 marked parking spaces immediately adjacent to the site on the street which provide additional spaces.

It is considered that the existing parking arrangement both on and off-street will adequately cater for the parking requirements of the proposed offices and therefore satisfies the performance criteria of the parking code.

HEADWORKS / CONTRIBUTIONS:

The proposed development involves no building work and does not generate contributions.

Luke Jackson Planning Officer Action Officer

Simon Clarke Manager City Assessment

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APPENDIX 1

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ORDINARY MEETING 10 27 OCTOBER 2005

MATERIAL CHANGE OF USE (CODE ASSESSMENT) – HOUSE – 3 RICHMOND COURT, MOOROOBOOL – DIVISION 9

Paul Cohen: 8/7/311-01 : #1077319

PROPOSAL: HOUSE

APPLICANT: G TIPLER 6 FIGTREE DRIVE CARAVONICA QLD 4878

LOCATION: 3 RICHMOND COURT MOOROOBOOL QLD 4870

PROPERTY: LOT 49 ON RP857532 PARISH OF CAIRNS

PLANNING DISTRICT: INNER SUBURBS

PLANNING AREA: RESIDENITAL 1

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: NOT APPLICABLE

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: 8 NOVEMBER 2005

DIVISION: 9

APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

Subject Site

RECOMMENDATION:

That Council approve the development application for a Material Change of Use (Code) for a House over land described as Lot 49 on RP857532, Parish of Cairns located at 3 Richmond Court, Mooroobool, subject to the following conditions:

Assessment Manager Conditions

a. The approved plans, noted below, prepared by Murray O’Neill & Associates Building Designers, dated July 2005 and attached as Appendix 1;

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Title Plan Number Date Site Plan 49R-5 Sheet No.7 July 05 Elevations 49R-5 Sheet No.2 July 05

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

c. To ensure that the development complies in all respects with the following conditions of approval and the requirements of the Council’s Planning Scheme and the FNQROC Development Manual; and

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit must be effected prior to the commencement of the use, except where specified otherwise in these conditions of approval.

Vegetation Clearing

3. Existing vegetation on the subject land must be retained in all areas except those affected by the construction of roadworks/access driveways, the installation of services as detailed on the approved plans as stated in Condition 1. Any further clearing requires an Operational Works Approval.

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

Landscaping Plan

4. The applicant/owner must landscape the subject land so as to minimise the visual impact of the house in accordance with a landscape plan to be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. In particular, the plan must show:

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

b. The retention of as many existing trees and shrubs as possible and further planting of trees and shrubs.

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c. The location and species of all new trees, with an indication of the natural and finished ground levels if filling is to occur in the vicinity of any tree.

d. Inclusion of all requirements as detailed in other relevant conditions included in this Development Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

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

Wildlife

5. Prior to removal of any tree, an inspection must be carried out for any signs of protected wildlife including nests and animal habitat. Should any recent wildlife activity be identified, removal of the tree must not occur until the animal has vacated the area of immediate danger. If the animal does not move from the area of danger, the Queensland Parks and Wildlife Services must be contacted for advice. Important habitat trees should be retained wherever possible.

Notification of Vegetation Clearing

6. The applicant/owner must notify Council’s City Assessment Branch two working days prior to the proposed date of commencement of any approved vegetation clearing to facilitate community awareness of such works.

Buildings in Hillslopes Areas

7. The exterior building colours and materials must be non-reflective and blend with the natural colours of the surrounding environment. Roofs must be of moderately dark to darker shades of green, grey, blue and brown. Details of the proposed materials and colour scheme for the external walls, features and roof must be submitted at the time of lodgement of a Development Application for Building Works and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. The applicant/owner must also ensure that the above Building Exterior requirements are made known in writing to all prospective purchasers.

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House Construction

8. The proposed House must be designed and structurally certified in accordance with the findings and recommendations contained within Construction Soiltests Pty Ltd for the proposed development dated 26 June 2005.

Lawful Point of Discharge

9. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge (being Mayflower Street and the Easement on the subject site) such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Water Saving

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

ADVICE

2. This approval does not approve the construction of the House. A Development Permit for Building Work is required to permit the construction of the House.

3. All building site managers must take all action necessary to ensure building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning is received and that the relevant emergency telephone contacts are provided to Council Officers, prior to the commencement of works.

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

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EXECUTIVE SUMMARY:

Council is in receipt of an application to facilitate the construction of a House located in the Residential 1 Planning Area at 3 Richmond Court, Mooroobool, which is constrained by Hillslopes.

The proposed development is consistent with the intent and purpose, and Performance Criteria of the Hillslopes Code and the Residential 1 Planning Area Code of CairnsPlan. It is recommended for approval subject to conditions.

TOWN PLANNING CONSIDERATIONS:

Proposal

Council received a Development Application for a House on land described as Lot 49 on RP857532 in the Parish of Cairns, situated at 3 Richmond Court, Mooroobool. The proposed building is a three-storey dwelling with two-storeys visible from the Richmond Street. An additional storey is located below these two as the land slopes away from the Richmond Court. The height of the building exceeds the specified 7.5 metres due to the slope of the land. The highest point of the building is approximately 11 metres in one location on the site. The garage to the front of the dwelling is located within the required 3 metre setback to Richmond Court.

CairnsPlan Assessment

The proposed House is assessable against the Hillslopes Code as the site lies within the designated Category 1 (Urban) Hillslopes Area and exceeds the height and setbacks contained within the House Code.

Hillslopes Code

The proposed House is considered to be generally consistent with the Performance Criteria and Acceptable Measures of the Hillslopes Code. The land slopes away from Richmond Street to Summer Hill Drive providing limited opportunity for simple benching and stepped design. The proposed house generally follows the contours of the land by decreasing the floor area below the middle level and limiting the amount of cut and fill required on the site.

Due to the three storey design of the house and the slope of the land, the height of the building exceeds the specified height under the Residential 1 Planning Area Code and the House Code. The proposed House is not considered to have a detrimental impact upon the visual amenity of the Hillslope in the area as the built form is consistent with the height, bulk and character of dwellings in the immediate vicinity of the subject site (particularly those in the area between Summer Hill Drive, Oceanview Place and Richmond Court). There is an area of mature trees with dense foliage that provides considerable privacy and buffer to Summer Hill Drive. This vegetation is considered to have the potential to dissipate the height of the building and provide a natural privacy feature to prevent overlooking onto dwellings below the House.

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As this area of the site is not shown to be affected by cut and fill in the Site Plans, it is shall be a condition of approval that these trees shall not be removed and are surveyed for inclusion in a Landscaping Plan.

The Geotechnical Report provided with the Development Application provides an assessment of the slope stability with the proposed dwelling and measures for providing stable building footings.

The proponent has verbally indicated that colours for the House are to include Charcoal roofing and balustrades, and a green shade for exterior walls. It is a condition of the Development Permit that this be clarified with the submission of a colour palette for further consideration.

Given the above discussion, it is considered that the proposed House meets the purpose and intent of the Hillslopes Code and Performance Criteria contained within the Code.

Residential 1 Planning Area Code; and House Code

As indicated above, the building is considered to be consistent with the built form, height, bulk and character with dwellings in the locality of the subject site due to the nature of slope in the area. The required setback to Richmond Court is 3 metres. The site has an unconventional street frontage of 14.44 metres to a site approximately 24 metres wide. The garage proposed for the building is to be located only 850 millimetres off the front boundary, however habitable floors are located approximately 4 metres from the road frontage. It is considered that for the building to utilise gentle slopes at the top of the site and minimise cut and fill over the entire lot, the proposed siting for the garage is appropriate. It is considered that the House is designed to manage the natural constraints of the site and provides an alternate Acceptable Measure to meet the Performance Criteria within the Residential 1 Planning Area Code and the House Code relating to height and setbacks.

HEADWORKS / CONTRIBUTIONS:

Headworks / Contributions under the Trunk Infrastructure Contributions Planning Scheme Policy are not required for the proposed House.

Paul Cohen Planning Officer Action Officer

Simon Clarke Manager City Assessment

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APPENDIX 1

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ORDINARY MEETING 11 27 OCTOBER 2005

TERMS OF REFERENCE – PLANNING AND ENVIRONMENT COMMITTEE

Peter Tabulo : 1/58/14-01: #1077442

RECOMMENDATION:

That Council adopt a Terms of Reference for the Planning and Environment Committee.

INTRODUCTION:

Council’s general policy, Council - Terms of Reference requires that each committee of Council develops a Terms of Reference to guide the activity of the committee, the purpose of this report is to establish such for the Planning & Environment Committee.

COMMENT:

The attached document has been drafted to assist Councillors to develop a Terms of Reference for the Planning & Environment Committee. This draft has been prepared utilising guidelines published by the Queensland Audit Office in their Governance Self- Assessment Program for Local Government.

This terms of reference will provide clarity to Councillors and officers on the type of matters to be dealt with by the committee.

CONSIDERATIONS:

Policy:

The Council – Terms of Reference requires that all committees will develop for Council adoption a Terms of Reference.

OPTIONS:

The Policy requires the adoption of such a document.

CONCLUSION:

That Council adopt a Terms of Reference for the Planning & Environment Committee.

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ATTACHMENTS:

Draft General Policy – Planning & Environment Committee – Terms of Reference.

Peter Tabulo General Manager City Development

David Farmer Chief Executive Officer

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CAIRNS CITY COUNCIL NO.

General Policy

Planning and Environment Committee - Terms of Reference

Intent Establish the framework within which the above Standing Committee operates with reference to obligations specified in the Local Government Act 1993 and other guiding documents adopted by Council. This policy forms the basis of an annual self evaluation process for the activity of the Committee.

Scope Applies to Councillors and staff of Cairns City Council.

PROVISIONS

Name of the Committee

Planning and Environment Committee

Purpose, Responsibilities and Powers of the committee

The Planning and Environment Committee has been established as a separate committee to allow Councillors to focus on delivery of programs across these areas.

The areas of Council’s operations that would fall within the scope of this committee are as follows: City Assessment Planning Strategies Environmental Assessment Administrative Services- Property matters.

These activities should report all operational and strategic activities to this committee except where the matter is primarily of a financial, administrative, or facilities/infrastructure nature.

The Committee will monitor operational reporting from the areas covered and ensure that strategic activities identified by Council are being implemented as planned.

In addition to the above, the Committee will monitor the activities of the various advisory and special committees relating to the above areas.

Council has resolved that in accordance with Section 472 of the Local Government Act 1993, that the Planning and Environment standing committee has the delegated authority to resolve matters tabled at their meetings as if it were a full meeting of the Council.

Membership

The Planning and Environment Committee, being a standing committee of Council has no external members.

All Councillors have been appointed as members of this committee.

A chairperson for this committee will be the Mayor.

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Timing, place and regularity of meetings

The meetings of the committee will usually be held on the 2nd Thursday of each month but will be timed to allow a full cycle of all standing and Ordinary Meetings of Council to occur each month.

The meetings of this committee will be in the Board Room at the Council Chambers in Spence Street.

From time to time, this Committee will resolve to hold meetings in other locations across the city. The intent of this is to allow as broad a cross section of public attendees as possible.

The dates and timing of all meetings and the location of meetings to be held outside of the chamber will be determined prior to June of each year to allow for advertising of the dates, times and locations for all meetings in accordance with Section 464 of the Local Government Act 1993.

Conduct of meetings

Meetings will be conducted in accordance with the requirements established in the General Policy Council – Terms of Reference.

A quorum will be determined to be a majority of the members of the Committee.

Meetings of this Committee will be open to the public unless the Council is discussing one of the matters referred to in section 463 of the Local Government Act 1993, where it will resolve to go into closed session for discussion and debate of the matter.

Councillors roles

Councillors will act in accordance with section 229 (3) of the Local Government Act 1993 and ensure there is no conflict, or possible conflict, between the councillor’s private interest and the honest performance of the councillor’s role of serving the public interest.

In accordance with section 244 of the Local Government Act 1993 a Councillor with a material personal interest in a matter, must disclose the interest to the meeting and not be present at or take part in any voting while the issue is being considered or voted upon.

Councillors will also act in accordance with the following general policies: General Policy – Code of Conduct for Councillors 1:02:22 General Policy – Councillor / Staff Interaction Protocol 1:02:03 General Policy – Public Availability of Confidential Council information 1:02:09

Recordkeeping

As this committee has delegated authority to resolve matters as if it is a full meeting of the Council, minutes of the meeting will be taken and presented to the next Ordinary meeting of Council for confirmation only.

The minutes of committee meetings will be available to the public generally within 2 working days of the meeting. The minutes will be distributed via the internet, public libraries and the Customer Service Centre at the Spence Street offices.

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Process for annually evaluating the performance of the committee Each year, the committee will undertake a formal assessment of performance against this Terms of Reference. The purpose of this evaluation will be to ascertain how effectively the committee has met it’s legislative obligations, and the behavioural obligations it has established.

This policy is to remain in force until otherwise determined by Council.

General Manager Responsible for Review: General Manager City Development

ADOPTED: DUE FOR REVISION: REVOKED/SUPERSEDED:

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ORDINARY MEETING 12 27 OCTOBER 2005

PROPOSED MINISTERIAL DESIGNATION FOR COMMUNITY INFRASTRUCTURE – EDMONTON PRIMARY SCHOOL

Nikki Huddy : 8/26/5-06 : #1077887

RECOMMENDATION:

A. That the Department of Education and the Arts be advised that Council is not in a position to support the proposed Ministerial Designation for Community Infrastructure, Edmonton Primary School, at this time. Further the Department should note that the name for the school should be the Edmonton Primary School or the Sugarworld Primary School but not the Edmonton West Primary School.

B. Council is willing to reconsider a request for Ministerial Designation for Community Infrastructure, Edmonton Primary School once the outstanding issues have been addressed including: 1. The nature and extent of the design and construct program for the Walker Road upgrade and pedestrian / cycle paths required to service the school. 2. The treatment of stormwater drainage and overland flow paths within and adjacent to the site, and including land to the west of the site. 3. Further information is required: i. In relation to the overall proposal - Site area - Numbers of students (start up and long-term enrolment) - Staging of the school construction – if any - Gross floor Area buildings and number of buildings - Up to date site plan - Future joint facilities – if any (e.g. Cairns Basketball, Queensland Police). - Parking numbers for the size of the school. ii. To demonstrate compliance with the CairnsPlan Codes that relate primarily to the development on the site: - Community Facilities Code - Parking and Access Code - Excavation and Filling Code - Landscaping Code - Bushfire Management Code iii. To demonstrate compliance with the following CairnsPlan Codes relate primarily to the off site works required as a result of the development:

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- Vegetation, Conservation & Waterway Significance Code – The site itself is currently a cane farm, however vegetation of value is contained along Blackfellows Creek, which is also a category 4 waterway requiring a 10 metre setback from top of bank. - Development Near Major Transport Corridors and Facilities Code. iv. To demonstrate how the proposal responds to the following overlays: - Road Hierarchy – the site adjoins a future sub arterial road. - Pedestrian & Cycle Movement – both Walker Road and Blackfellows Creek are designated as strategic corridors for pedestrian and cycle movement. - Public Transport – the tramline to the east, and Walker road are nominated as public transport corridors. v. To demonstrate that stormwater and overland flows have adequately been addressed on and adjacent to the site.

C. That Council acknowledge that Capital works funding will be required in the 2005/06 financial year for the construction of Council’s share of works associated with the Edmonton Primary School, in accordance with the ‘1997 Guidelines for Provision of Infrastructure External to State Government Site and Non-State Schools’ and that some funding may be reqruied to be brought forward into the current financial year.

I N

R ES OL UT ION

A E L R E B IM T

R D Drainage

W Corridors / A L K E R Open Space

ET TRE R S O Proposed A D School Site

A W AL T KE T R L

S RO E AD H

I N T Walker H

L Road

O R STREET

IA T MILTON MIL S T L

L L

C L N

E A

H V H

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R M E Sugar SA c VAGE L M T EE E C R L T S B

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D R A WBY C NE

LLA BE SA E HAM S Site Plan I B LEDO O N

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INTRODUCTION:

In accordance with the requirements of the Integrated Planning Act 1997, the State Government proposes to undertake a Ministerial Designation of land at Edmonton for the construction of a new primary school. The designation meets the IPA purpose requirements of:

Community Infrastructure – ‘education facilities’ and ‘parks and recreational facilities’

The proposed designation applies to part of Lot 304 SP103359 located at Walker Road, Edmonton. The site is bounded by Blackfellows Creek to the north and is almost opposite Sugarworld Gardens which is located to the south.

Once designated, Council does not have the opportunity to further comment on the development that occurs on the site. To this extent in considering the request, Council must consider the likely impacts of the development and whether there is likely to be a need for further assessment from Planning, Infrastructure and Precincts and Facilities perspectives.

BACKGROUND:

Queensland Government’s Project Services Division has prepared an initial assessment report. The actual size of the school in terms of area of land, numbers of students, numbers of buildings and gross floor areas has not been provided. However, an indicative proposal plan is attached.

The school will consist of an administration block, classrooms, hall, canteen, maintenance facilities, parking and sports fields. It is not clear if the construction will be staged.

In relation to the development itself: − A traffic study has been undertaken considering the impacts of the development, and a masterplan for traffic within and near the school campus has been prepared. The parking / traffic plan is attached. − An acoustic assessment has not been undertaken, although one may be undertaken in the future. − Clearing of the site is not considered to be significant as the site is currently used for cane farming. − The overall site and building design will have to ensure adequate freeboard from the flow path and surface flows can be adequately drained from buildings.

COMMENT:

Under the Integrated Planning Act 1997 (IPA) a Minister may designate land for community infrastructure already existing on the land or that the State or another entity intends to supply on the land.

Schedule 5 of the Act sets out what is community infrastructure and includes educational facilities, hospitals and associated institutions, correctional facilities, community and cultural facilities and parks and recreational facilities etc.

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The concept of community infrastructure designations was incorporated into IPA to ensure the integration of land use planning and infrastructure provision, and to ensure suitable land is available when needed and protected from other development and its effects. The designation is different to the Community Facilities Planning Area.

CONSIDERATIONS:

Corporate and Operational Plans:

The proposed school is in keeping with the Corporate Plan – Community and Land Use Planning Goal. The relevant objective is:

Integrated provision of physical and social infrastructure fore existing areas and in time with growth in the population and business activity.

Statutory:

The site is shown in CairnsPlan as being included in Council’s Residential 2 Planning Area, which is intended to accommodate future residential growth and ancillary uses such as schools and community centres which are considered subject to appropriate Material Change of Use applications. The Ministerial Designation effectively does away with the need for a Material Change of Use, however there is no objection to the proposed location of the School.

Typically information required from Education Queensland or other school providers would relate to the assessment of the site against the relevant Codes of CairnsPlan. The following codes relate primarily to the development on the site: − Community Facilities Code − Parking and Access Code − Excavation and Filling Code − Landscaping Code − Bushfire Management Code

The following Codes relate primarily to the off site works required as a result of the development: − Vegetation, Conservation & Waterway Significance Code – The site itself is currently a cane farm, however vegetation of value is contained along Blackfellows Creek, which is also a category 4 waterway requiring a 10 metre setback from top of bank. − Development Near Major Transport Corridors and Facilities Code

Additionally the following Overlays impact the site, and Council should reasonably Education Queensland to develop in accordance with the intent of these overlays: − Road Hierarchy – the site adjoins a future sub arterial road. − Pedestrian & Cycle Movement – both Walker Road and Blackfellows Creek are designated as strategic corridors for pedestrian and cycle movement − Public Transport – the tramline to the east, and Walker road are nominated as public transport corridors.

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Given the outstanding issues, at this stage, the actual Community Infrastructure Designation cannot be supported, as once the site is designated for community infrastructure the proposal will be exempt from development assessment in terms of the Planning Scheme and the opportunity for future comment will also be lost.

Future Shared Use. Initial discussions have been held with the Police and Edmonton Basketball and Education Queensland about a future shared use of the school sporting facilities. This likely to be in conjunction with the open space area immediately to the west of the site. At this stage it is not clear how this will progress, and further discussions are required with all parties.

Road upgrade. Education Queensland has indicated it will design and construct the upgrade of Walker Road for the full frontage of the site (Council is required to pay for half of this). Infrastructure Management have indicated that it will require a complete road design and construction of Walker Road from the Walker Road bridge to a suitable point further east beyond the school for about 1.2km. This is to ensure that the road is capable of adequately accommodating the increased traffic. Discussions continue to be held with Education Queensland on this matter, and the outstanding design issues also include: i. Uncertainty about the need for a roundabout or traffic signals required at the bend in Walker Road, where it joins the unmade road. ii. The footpath along Blackfellows Creek be extended to school property. iii. The incorporation of appropriate stormwater drainage into the road design.

Stormwater. Stormwater flow in the locality is an issue that Education Queensland, the current and adjoining owners and Council are aware of. There is a need for particular attention to be given to the stormwater flow from land to the west, which also has to drain to Blackfellows Creek. The stormwater solution is likely to be a reasonable cost as part of the road upgrade.

Policy:

Not applicable.

Financial:

Regardless of whether the site is designated or not, under the ‘1997 Guidelines for Provision of Infrastructure External to State Government Site and Non-State Schools’ the State Government is essentially exempt from paying developer contributions for drainage, water, open space and sewerage.

The State Government will pay 50% toward the cost of the design and construction of the parking, passenger pickup / set down areas and road infrastructure (including drainage and some planting and streetscape works where agreed) external to the site. Which in turn means that Council is required to pay the remaining 50% of the cost of construction external to the site. Council’s Infrastructure Management Branch, also requires the upgrade of more of Walker Road, which will be required to be fully funded by Council.

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Walker Road is a Network Road in the Redhill to Edmonton TMP precinct. As such, funds are available from the Constrained Works Reserve which could be used toward Council's share in the costs of the road and drainage works to the school frontage, however the parking and passenger pickup / set down areas do not form part of the contributions collected in the TMP.

This is an item that has not been budgeted for, and funding is likely to be required partially in the current financial year, with the balance paid in the next financial year. This will be addressed in a separate Capital Works application.

Sustainability:

Not applicable.

CONSULTATION:

Education Queensland has identified key stakeholders, however it is unclear if they have undertaken consultation with these stakeholders.

Internal consultation has been undertaken between Infrastructure Management, Precincts and Facilities and Project Services.

OPTIONS:

The Council may support or not support the proposed Ministerial Designation for Community Infrastructure.

CONCLUSION:

The new primary school at Edmonton is intended to be opened in January 2007. It is not clear at this time, whether the school meets the Council planning requirements. Accordingly it is not appropriate to support the Ministerial Designation, however once Education Queensland has addressed Council’s concerns, it is likely to be appropriate to reconsider the request for Ministerial Designation.

The Council will be required to pay for 50% of the cost of the design and construction of the parking, passenger pickup / set down areas and road infrastructure (including drainage but excluding planting and streetscape works) external to the site. These costs have not been budgeted for. The State Government is not required to pay developer contributions.

ATTACHMENTS:

Attachment 1 Master Plan Attachment 2 Parking and Access Plan

Nikki Huddy Manager Planning Strategies

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Attachment 1 Master Plan

Agenda – Ordinary Meeting 27/10/05 - #1078839 115

Attachment 2 Parking and Access Plan

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ORDINARY MEETING 13 27 OCTOBER 2005

PROPOSED MINISTERIAL DESIGNATION FOR COMMUNITY INFRASTRUCTURE – REDLYNCH MIDDLE SCHOOL

Nikki Huddy : 8/26/5-06 : #1077884

RECOMMENDATION:

A. That the Department of Education and the Arts be advised that Council does not object to the proposed Ministerial Designation for Community Infrastructure, Redlynch Middle School, subject to the following:

i. A riparian buffer being dedicated to Council as a reserve for drainage for the waterway along the southern boundary of the site. The reserve shall include an area at least 10 metres wide from the top of the bank or the Q100 area of inundation – whichever is the greater.

ii. The State Government paying the full the cost of providing streetscape elements external to the site including planting, seats, bins, shelters, lighting and signage in accordance with Council’s Development Manual.

iii. The dedication of a drainage easement over the drainage path in accordance with the Development Manual.

iv. Parking and setback areas are landscaped in accordance with CairnsPlan requirements.

B. Capital works funding will be required in the 2005/06 financial year for the construction of Council’s share of works associated with the Redlynch Middle School, in accordance with the ‘1997 Guidelines for Provision of Infrastructure External to State Government Site and Non-State Schools’.

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INTRODUCTION:

N E

R H S

O C H O K L N L SAT C Y E INASH L

E R E R U O C A A D LY PT U S Unconstructed

STREET

L C JUNGARA RUSSELLIA ST RAFFIA ROA T W D S A C O CRT S A O LO L T I L L E P I L Queensland S E T Y R T R

I B T S S P U Housing Site – S T IL O T T ST S A Residential 2 S INO SP T A S IGN SAL Proposed Middle ST INA BR School Site

I G

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AAA AAACCC Site Plan CCC CCC EEE SSS SSS In accordance with the requirements of the Integrated Planning Act 1997, the State Government proposes to undertake a Ministerial Designation of land at Redlynch for the construction of a new middle school. The designation meets the IPA purpose requirements of:

Community Infrastructure – ‘education facilities’ and ‘parks and recreational facilities’

The proposed designation applies to 11.12ha of land at the corner of Jungara Road and Redlynch Intake Road, Redlynch described as Lot 6 CP899014. The site is opposite the existing Redlynch Primary School.

BACKGROUND:

Queensland Government’s Project Services Division has prepared an initial assessment report, describing the scale of the school as follows:

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− The school is expected to start with 220 students in 2007 and peak at around 570 students. The long-term enrolment is expected to stabilise at approx. 430 students. The overall plan is attached. − Stage 1 of the proposal comprises 9 buildings with a total gross, enclosed floor area of 3200m2. − Stage 2 is proposed to comprise 2 buildings plus part of the sports facility, with a total gross enclosed floor area of around 1260m2. − A future stage may also accommodate o a clubhouse near the south-west corner to accommodate the football club/s o Potential expansion of the oval to suit AFL Club Requirements o The Redlynch joint sports facility near the north-east corner of the site (subject to separate agreement) − The school will include ovals, covered fitness and recreation areas, dental van parking, refuse and recycling enclosures, covered walkways, fencing. − Parking and access will include 75 parking spaces, 4 car set down spaces, 4 bus set down spaces, 2 undercover set down areas, 50 staff parking spaces, with possible extension for 20 additional spaces, staff and visitor parking, set down areas etc.

In relation to the development itself: − A traffic study has been undertaken considering the impacts of the development, and a masterplan for traffic within and near the school campus has been prepared. The plan is attached. − An acoustic assessment has not been undertaken, although one may be undertaken in the future. − Clearing of the site is not considered to be significant as the site has previously been used for cane farming and horse grazing, most vegetation on the site is regrowth primarily consisting of tamarind trees. − Approximately 0.6 ha of the site will be a vegetation buffer, adjacent to the existing waterway on the southern boundary. − The overall site and building design will have to ensure adequate freeboard from the flow path and surface flows can be adequately drained from buildings.

COMMENT:

Under the Integrated Planning Act 1997 (IPA) a Minister may designate land for community infrastructure already existing on the land or that the State or another entity intends to supply on the land.

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CONSIDERATIONS:

Corporate and Operational Plans:

The proposed school is in keeping with the Corporate Plan – Community and Land Use Planning Goal. The relevant objective is:

Integrated provision of physical and social infrastructure fore existing areas and in time with growth in the population and business activity.

Statutory:

The site is shown in CairnsPlan as being included in Council’s Community Facilities Planning Area, which is intended to accommodate schools and community centres. If the site is designated for community infrastructure the proposal will be exempt from development assessment in terms of the Planning Scheme and the opportunity for future comment will also be lost. Education Queensland has undertaken an assessment of the site against the relevant land use and parking codes of CairnsPlan, the assessment is attached.

Given that the school is to be located adjacent to an existing school, many of the fundamental design and construction issues that may be associated with a new school have been resolved. The development appears to have been satisfactorily designed giving consideration to: − Built form, height and bulk − Design – architectural and landscape − Overall population – student and staff − Vehicular and pedestrian access and circulation and set down areas − Hours of operation − Proposed educational activities − Possible future joint facilities and access by community groups and general public; − Pedestrian and Cycle links − Public Transport.

The development may require further consideration in regard to: − Noise – there is a Residential 2 area of land adjacent to the internal parking area on the western part of the site. Given the shape of the Residential 2 allotment, it is not that likely that there will be an impact from the parking, however the proposal plan does not show the full boundary of the site, so the full impact of the school is not able to be determined. It is noted that Queensland Housing as the owner of the site has been consulted as part of this process, no further comment is proposed from Council. − Drainage. CairnsPlan identifies the southern section of the site as subject to ‘category 4 waterway’. The proposed development utilises approximately half of the site and does not encroach on the area identified in the overlay. Advice to Education Queensland will reinforce the need for either a 10m wide riparian buffer, or the Q100 area of inundation – which ever is the greater, dedicated to Council as a reserve for drainage.

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Policy:

Not applicable.

Financial:

The State Government will pay 50% toward the cost of construction of road infrastructure (including drainage and some planting and streetscape works where agreed) external to the site. Which in turn means that Council is required to pay the remaining 50% of the cost of construction external to the site.

Jungara Road is Network Road and therefore there may be some funds available in the Constrained Works Reserve. This is an item that has not been budgeted for, and funding is likely to be required partially in the current financial year, with the balance paid in the next financial year. This will be addressed in a separate Capital Works application.

Sustainability:

Not applicable.

CONSULTATION:

Education Queensland has undertaken consultation with major players including: − Queensland Transport − Main Roads − Emergency Services − Natural Resources and Mines − Environmental Protection Agency − Redlynch Primary school − Cr Sheppard – Division 12, Leslie Clark, Warren Entsch − Owners of adjoining lots and surrounding residents in the locality (properties adjacent the proposed school site along Glauca St − Local AFL Club / AFL Queensland

Internal consultation has been undertaken between Infrastructure Management, Precincts and Facilities and Project Services.

OPTIONS:

The Council may support or not support the proposed Ministerial Designation for Community Infrastructure.

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CONCLUSION:

The new middle school at Redlynch is intended to be opened in January 2007. The school meets the Council planning requirements, and there is no objection to the Ministerial Designation, subject to conditions. The Council will be required to pay for 50% of the on street works for the school, and this has not been budgeted for. The State Government is not required to pay developer contributions.

ATTACHMENTS:

Attachment 1 Master Plan Attachment 2 Parking and Access Plan Attachment 3 Assessment Against Community Facilities Planning Area Code & Parking and Access Code

Nikki Huddy Manager Planning Strategies

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Attachment 1 Master Plan

Location of Qld Housing Residential 2 Property

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Attachment 2 Access and Parking Plan

Agenda – Ordinary Meeting 27/10/05 - #1078839 124

Attachment 3 Assessment Against Community Facilities Planning Area Code & Parking and Access Code

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ORDINARY MEETING 14 27 OCTOBER 2005

REVIEW OF CAIRNSPLAN

Adam Pratley : 8/26/5-06: #1076879

RECOMMENDATION:

That Council resolve that Planning Strategies proceed with the first review of CairnsPlan, in accordance with the provisions of Schedule 1 of the Integrated Planning Act.

INTRODUCTION:

Cairns City Council’s Planning Scheme ‘CairnsPlan’ commenced operation on the 1st March 2005. CairnsPlan is the City’s first Performance Based, Integrated Planning Act 1997 compliant Planning Scheme. A variety of issues affecting the Planning Scheme’s operation and usability have been revealed in the subsequent 7 months of implementation.

To improve the operation and useability of the CairnsPlan, it is recommended that Planning Strategies undertake a review of the Planning Scheme and associated policies and propose the necessary amendments.

BACKGROUND:

Council adopted CairnsPlan as the Planning Scheme for the City of Cairns at its meeting on the 27th January 2005 and the Planning Scheme took effect on the 1st March 2005.

In the subsequent 7 months, a variety of issues affecting CairnsPlan’s operation and useability have been identified. Issues vary from grammatical and mapping errors to more complex issues involving Definitions and Codes.

To ensure the review is comprehensive and timely, Planning Strategies has invited key consultants, State Agencies and individuals who use CairnsPlan regularly to make submissions prior to the review.

It is important that the issues affecting the operation and implementation of the scheme are amended to ensure the scheme delivers the development outcomes intended.

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COMMENT:

The review/amendment process must be undertaken in accordance with the requirements of the Integrated Planning Act 1997, Schedule 1. Consequently, the amended Planning Scheme will require State interest checks and public notification.

Planning Strategies Branch will coordinate the review and subsequent amendments. A further report on the proposed amendments will be presented to Council following the review process.

CONSIDERATIONS:

Corporate and Operational Plans:

The review of the Planning Scheme supports outcome 1.1.5 of the Corporate Plan, which is to review and strengthen CairnsPlan so that it incorporates emerging knowledge and trends to ensure an integrated framework for development.

Statutory:

The process for the review and amendment of a Planning Scheme is outlined in the Integrated Planning Act 1997, Schedule 1.

Policy:

CairnsPlan is the tool to deliver Council’s desired development outcomes across the City.

Financial:

Sufficient finances have been allocated for the review of CairnsPlan within the current budget of City Development.

Sustainability:

The purpose of the Integrated Planning Act 1997 is to achieve ecological sustainable development. CairnsPlan must advance this purpose. The issues of economic development, natural environment and social and community wellbeing are addressed in the CairnsPlan.

CONSULTATION:

The review will involve substantial collaboration with Officers involved in the development assessment process across Council. Consultation with Councillors will also be required to obtain policy decisions.

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OPTIONS:

A. That Council resolve to proceed with the proposed CairnsPlan review.

B. That Council resolve not to proceed with the proposed CairnsPlan review and continue with the adopted version.

CONCLUSION:

CairnsPlan was prepared to ensure development across the City satisfies Council and community expectations. The Planning Scheme is a living document that will be continually reviewed to ensure it remains contemporary and reflects the needs of the users.

Adam Pratley Strategic Planning Officer

Nikki Huddy Manager Planning Strategies

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ORDINARY MEETING 15 27 OCTOBER 2005

ASSISTANCE AND GUIDE DOG REVIEW

Laurie Phipps : 8/5/3-25: #1079560

RECOMMENDATION:

Council support the State Government in introducing legislation associated with Assistance Dogs and a response be provided to the questions, as outlined in the report.

INTRODUCTION:

The Queensland Minister for Communities Disability Services and Seniors, have requested Council’s comments on a discussion paper, “Assistance Dogs and Guide Dogs Review”.

BACKGROUND:

The Guide Dogs Act 1972 does not at this time recognise assistance dogs and the role that assistance dogs play in the Community.

It is not an offence under the Guide Dog Act for a person in charge of a place or vehicle to turn away a person who is accompanied by an animal that is not a guide dog.

However, the Anti-discrimination Act 1991 prohibits discrimination of the basis of someone’s impairment and where an animal is specifically trained to give assistance to the person, this includes assistance dogs.

The present legislation is that assistance dogs are not recognized (Guide Dogs Act 1972) and another Act (Anti-discrimination Act 1991) recognises the assistance dogs.

REPORT

The proposal from the State Government is to bring the legislation together.

Council has recognised the value of assistance dogs by including them in the “Registration for Life” program, also Council’s Access Policy addresses the issue of access for people with assistance dogs.

The State Government has requested feedback on the Discussion Paper and the specific questions below. Council officers have provided some suggested answers.

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QUESTIONS:

1. Q. Do you think it is right for the Queensland Government to make a new law (an Act) that will give a right of access to all people with a disability who want to go into public places with their guide dog, hearing dog or assistance dog?

A. Yes, Assistance Dogs should be included in the Guide Dogs Act 1975.

2. Q. What do you think about allowing the chief executive of Disability Services Queensland to approve all dog trainers? (We describe dog trainers as those trainers who train dogs for people who have a disability.)

A. Assistance Dogs have to be trained to a similar standard across the state, the assessment of the Dog Training needs to be carried out by one organization (Chief executive Disability Services Queensland.)

3. Q. Do you think assistance dog handlers should be given and made to carry identification cards that show their dog is an assistance dog?

A. Yes, Identification Cards issued to Assistance Dog Handlers, this would enable Local Laws compliance Officers to identify the handler to ensure discrimination does not take place.

4. Q. Do you think that assistance dogs should be tested every two years to see that they can still safely and effectively assist their handlers in public places?

A. Yes, also this would ensure Public safety.

5. Q. Do you think that assistance dogs should be made to wear a coat and collar that distinguishes them from guide dogs?

A. Yes, this would enable other Law Enforcement and Public to identify Assistance Dogs.

6. Q. Are there any places that you think a dog should not be allowed to go with its handler for reasons of health or hygiene?

A. Yes, Places such as: • Public Swimming Pools • Bathing Reserves/Stinger Enclosures • Hospital Buildings • Commercial Kitchens • High Risk Personal Appearance’s premises etc

CONSIDERATIONS:

Corporate and Operational Plans:

6.1 A comprehensive and co-ordinated approach to improving community health and safety.

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Statutory:

Guide Dog Act 1972 Anti-discrimination Act 1991 Keeping, Control and Impounding of Animals Local Law 2003

Policy:

N/A

Financial:

N/A

Sustainability:

N/A

CONSULTATION:

N/A

OPTIONS:

1. Support the State Government in amending legislation. 2. Advise the State Government that Cairns City Council is not supportive with amending legislation.

CONCLUSION:

To support above Option 1.

ATTACHMENTS:

Appendix A – Discussion Paper.

L Phipps Manager Environmental Assessment

P M Tabulo General Manager City Development

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Appendix Ae Dogs and Guide Dogs Review Paper Assistance Dogs and Guide Dogs Review Discussion Paper

Queensland Government Disability Services Queensland

Introduction

Disability Services Queensland administers the Guide Dogs Act 1972.

This Act confers rights to vision- and hearing-impaired people to be accompanied by guide dogs in public places. In recent years dogs have been trained to provide assistance to people with a range of disabilities. These are known as ‘assistance dogs’. Assistance dogs are not recognised by the Guide Dogs Act.

In contrast, Commonwealth anti-discrimination laws have recognized that assistance dogs can assist people with a disability to go about their lives within the community and accordingly have made it discriminatory to prevent a person with a disability entering public places or public transport with dogs that assist them. However, the Commonwealth laws do not provide any requirements, safeguards or standards for the training of assistance dogs.

The current differences between Commonwealth and Queensland laws have not made it easy for people to understand the laws regarding assistance dogs and why the laws are different for guide dogs. There have been increasing demands from people who are supported by assistance dogs to have the same rights of access as those conferred on vision-and hearing- impaired people under the Guide Dogs Act.

The Queensland Government acknowledges that dogs can be a source of great support and comfort to people with a disability. However, granting the right to access public places with a dog must be accompanied by obligations. Dogs that provide support to people in public places must be highly trained so that they will respond appropriately to a range of stimuli. The safety of the person they are assisting, the dog itself and other members of the public may be put at risk if the dog has not been adequately trained.

Dogs that are allowed in public areas and on public transport must be clean, well groomed and toilet trained. Members of the public and people in charge of public places and transport should not be exposed to behaviour that makes them feel uncomfortable or that may be unhygienic or dangerous.

Finally, the welfare of an animal should not be compromised by the tasks it is expected to perform. Dogs should be properly cared for, appropriately fed and exercised, and regularly checked by a veterinarian. The ability of a dog to perform tasks should be assessed regularly, and dogs should be retired when they become too old to perform to the required standard.

The Queensland Government wants to improve the lives of people with a disability; however, it does not want to do this in a way that will diminish the enjoyment of others visiting public places or compromise the health and safety of individuals or the public at large. For this reason Disability Services Queensland seeks comment on the issues raised in this discussion paper from the community and particularly from those who have expertise in training dogs and working with people with a disability.

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Terminology

The term ‘assistance dogs’ is used throughout this discussion paper to refer to dogs that are not trained as guide dogs or hearing dogs, but are trained to support people with a disability to enable them to access public places. It is recognised that this term is also used in respect of dogs that are trained to provide companionship and support in the home and to provide pet therapy and interactions in facilities, but do not have adequate skills to accompany people with a disability in public places. Where mention is made of these dogs they will be referred to specifically as ‘companion dogs’ and ‘service dogs’ to distinguish them from assistance dogs that have a level of skills that enable them to accompany a person with a disability in public places.

‘Guide dogs’ will be used to refer to dogs trained as guide dogs and ‘guide dog organisations’ to refer to organisations that operate throughout Australia to train these dogs and provide support to people with vision impairments. Where the term ‘guide dogs’ is used in the context of the Guide Dogs Act 1972 (Qld) it includes hearing dogs.

Assistance dogs, guide dogs and hearing dogs

Assistance dogs are dogs trained to assist people with disabilities. They complete everyday tasks such as opening and shutting doors, turning light switches on and off, pressing pedestrian crossing buttons, retrieving items that have fallen on the ground and alerting other people if their handler is in difficulty.

‘Assistance dogs’ is a generic term that refers to all types of dogs trained to assist people with a disability. It does not refer to guide or hearing dogs. Assistance dog trainers train dogs to help people in different capacities and environments. Trainers frequently distinguish between: • dogs trained to be companions to people in their homes and to assist them in that environment • dogs trained to assist with therapy and to promote the wellbeing of people in hospitals and other types of health or housing facilities • dogs that are trained to the highest level so that they can assist a person in a public environment.

The dogs that would be permitted to access public places would be those that have been trained to a level where they can pass a public access test.

Guide dogs

Guide dogs facilitate the safe and effective mobility of people who are blind or vision impaired. They are widely recognised in the community because of their long history and the fundraising and community-awareness programs that guide dog organisations have undertaken over many years. There are a number of guide dog schools throughout Australia. As a result of many years of experience, guide dog organisations have learnt a great deal about dog training and, in more recent times, dog breeding.

Guide dog organisations undertake a systematic process of socialization of dogs. Pups are chosen on the basis of temperament for training. Guide dogs are trained to a very high standard of obedience and are also taught to accept thorough examination and grooming from a very young age.

Recipients of guide dogs undergo a selection process and extensive and thorough training when given a dog. The involvement of guide dog organisations does not end when a person is given a dog.

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They provide ongoing support to ensure the dog and handler can work safely together and the dog is being properly cared for. The level of community acceptance, recognition and support of guide dogs is reflective of the effectiveness of this training and ongoing support.

Hearing dogs

Hearing dogs are dogs trained to assist people who have hearing impairments. Hearing dogs alert their owners to sounds by making physical contact and then leading them to the source. They will alert their owners if the telephone rings, there is a knock at the door, an alarm goes off, a baby cries or a kettle whistles. Lions Hearing Dogs Incorporated, which is situated in the Adelaide Hills in South Australia, is an approved institution under the Guide Dogs Act 1992 and is the only recognized hearing dog training organisation in Australia. Most of the dogs trained by Lions Hearing Dogs are acquired from the Royal Society for the Prevention of Cruelty to Animals (RSPCA) or the Animal Welfare League.

Background

In July 2001, the Minister for Disability Services announced that the state government would explore the legal recognition of assistance dogs through the review of the Disability Services Act 1992.

One of the options presented in the issues paper for the review of the Disability Services Act 1992 published in 2003 (Phase 1 consultation), was the creation of legislative provisions to give recognition to assistance dogs. People were asked to consider whether the following areas needed to be covered by legislation: • training requirements and accreditation of assistance dogs • level of skills and appropriate accreditation for trainers of assistance dogs • where access is to be given to assistance dogs and their owners • where access is to be given to trainee assistance dogs and their trainers • circumstances where access is not permitted to assistance dogs and their handlers.

The majority of responses to the issues paper indicated support for legislation to recognise assistance dogs. Consultation held with recognised assistance dogs trainers ascertained that they were also strongly of the view that assistance dogs should be recognised in much the same way as guide dogs. Their view was that assistance dogs that have passed a public access test should be able to accompany their handlers into all public places and passenger vehicles, with the exception of hospital labour wards, in-patient wards, operating theatres, sterilizing areas and areas where food is prepared and served. They indicated that trainers of assistance dogs should also be permitted to access all public places and passenger vehicles when training a dog.

Since June of 2004, Disability Services Queensland has been consulting with government and community stakeholders to determine the best legislative model to give recognition to assistance dogs. The department has discussed the feasibility of options for giving access rights to people with a disability accompanied in public places by assistance dogs with Guide Dogs Queensland (GDQ), Queensland Rail, the Department of Local Government and Planning and the Department of Transport.

The discussions with GDQ highlighted the rigour with which guide dogs are selected, assessed and trained to ensure their working performance is safe and socially acceptable. GDQ require their staff to undertake extensive training with GDQ before they qualify as guide dog trainers.

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Training a guide dog is a demanding process and includes supporting the guide dog recipient throughout the dog’s life. GDQ retains ownership of the dog and insures the dog. GDQ emphasises that most of their activities involve support and training to the person in need of the dog. After a person receives a dog GDQ conducts regular checks to see whether there are any technical problems and to ensure the dog’s welfare. In the first year GDQ visits the client at least three times to discuss any issues and to observe and assess the dog and client’s working relationship. Thereafter, GDQ visits the client annually and provides remedial instruction when required.

Queensland Rail has developed guidelines for the recognition of assistance animals to enable people with a disability to travel on trains accompanied by their assistance animal. Discussions with Queensland Rail and the Department of Transport representatives highlighted the difficulty of verifying that a dog that is claimed to be a genuine assistance animal has been trained to such a level that it does not pose a safety risk while travelling with its handler.

Overview of current legislation that deals with animals that assist people with a disability

Queensland

The Guide Dogs Act 1972 which is administered by Disability Services Queensland ensures that people with a vision or hearing impairment who require the aid of a guide dog have a legally enforceable right to enter public places and public passenger vehicles (s. 5). The right is only conferred on those people who have a vision or hearing impairment and are accompanied by a guide dog that has been trained by an approved institution. The institutions approved under this legislation are: • Guide Dogs for the Blind Association of Queensland • Guide Dogs New South Wales and ACT • Lions Hearing Dogs Incorporated • Royal Guide Dogs Associations of Australia • The Guide Dog Owners’ and Friends’ Association • Institutions established outside Australia that are members of the International Federation of Guide Dog Schools for the Blind.

These institutions are declared ‘approved institutions’ by regulation. Under the current law a dog must be trained by one of these approved institutions to be recognised as a guide dog under the Guide Dogs Act.

It is an offence in respect of a vision- or hearing-impaired person or trainer accompanied by a guide dog or guide dog trainee for a person in charge of a place or vehicle to: • prevent them from entering or being in or on that place or vehicle or • deny them accommodation or service in such a place.

The maximum penalty is one penalty unit, which is currently $75 (ss. 6 and 6E).

It is not an offence under the Guide Dogs Act for a person in charge of a place or vehicle to turn away a person who is accompanied by an animal that is not a guide dog.

Guide dog trainers

Under the Guide Dogs Act, an approved Queensland institution can authorise a person to train guide dogs. These trainers must be issued with an identity card. A trainer is entitled to take a dog that he or she is training into public places and onto public passenger vehicles. A trainer must be able to produce his or her identity card if requested by a person in charge of a public place or passenger vehicle.

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Limits of access

Guide dogs are not permitted in ambulances, hospital labour wards, in-patient wards, operating theatres, sterilising areas and areas where food is prepared or served.

Rights of access conferred by other Queensland legislation

The Anti-Discrimination Act 1991 (Qld) prohibits discrimination on the basis of someone’s impairment. ‘Impairment’ includes reliance on a guide dog as defined by the Guide Dogs Act. This means that ‘impairment’ would not include reliance upon an assistance dog as these dogs are not guide dogs as defined under the Guide Dogs Act. However, a person accompanied by an assistance dog who is refused access may still be able to bring a complaint of indirect discrimination under the Anti-Discrimination Act. This would require them to establish that the refusal to give them access with their dog imposed a term of entry upon them with which they could not comply, or with which a higher proportion of people with an impairment could not comply, and which was not reasonable.

Section 85 of the Act provides that a person may not refuse to rent accommodation to a person with a visual, hearing or mobility impairment because the person is accompanied by a dog trained to assist the person in relation to that impairment. Similarly section 44 of the Transport Operations (Passenger Transport) Regulation 1994 provides that a driver of a public vehicle may not refuse to carry an animal accompanying a person who has a disability, where the animal is specifically trained to give assistance to the person.

Commonwealth

Under the Commonwealth Disability Discrimination Act 1992 it is unlawful to discriminate against a person with a visual, hearing or other disability because he or she is accompanied by a dog or other animal trained to assist that person to alleviate the effects of the disability. If a person wishes to challenge a refusal to allow him or her and his or her dog into a public place they may make a complaint to the Human Rights and Equal Opportunity Commission.

Commonwealth laws override state laws where the state laws are inconsistent. Under the present laws a person may be found to discriminate against a person accompanied by an assistance dog if he or she refuses entry to their premises. However, that person would not be committing an offence under the Guide Dogs Act unless the dog was a guide dog.

New South Wales, the Australian Capital Territory and South Australia give people with a disability who are accompanied by assistance dogs the right of public access. The table on pages 26 to 27 sets out all state and territory legislation that provides for the recognition of assistance dogs and guide dogs.

South Australia

The Dog and Cat Management Act 1995 (SA) was amended in July 2004 and now enables the Dog and Cat Management Board to accredit dogs as disability dogs1, guide dogs or hearing dogs. The board was set up in 1995 and has a number of functions relating to the effective management of dogs and cats throughout South Australia and considers all proposed council by-laws. The board now receives applications from people who wish to have a dog recognised as a disability dog. The application must be accompanied by certification from two medical practitioners that the person requires the dog and a letter outlining the training process and the trainer’s qualifications. An application must show that the owner can adequately care for the dog and that the dog is of sound temperament and not of a prescribed breed. The Dogs and Cat Management Act is administered by the South Australian Department of Environment and Heritage.

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New South Wales and the Australian Capital Territory

The New South Wales and Australian Capital Territory legislation gives a person with a disability accompanied by an assistance animal the same rights of access as a person not accompanied by an assistance animal. Both define assistance animal broadly as an animal trained to assist a person with a disability to alleviate the effect of a disability. In this way they reflect the Commonwealth Disability Discrimination Act. The New South Wales Companion Animals Act 1998 provides that regulations may be made regarding the training and accreditation of assistance dogs but no such regulations have been made to date.

The Australian Capital Territory Discrimination Act 1991 makes it clear that it is discriminatory to treat a person with a disability less favourably because he or she is accompanied by a guide dog, hearing dog or assistance animal. However, the New South Wales Anti-Discrimination Act 1977 is less clear as it prohibits discrimination against a person on the grounds of his or her disability or a characteristic that is associated with a person that has that disability. In relation to people with a vision, hearing or mobility impairment, being accompanied by a dog which assists them with their disability is taken to be a characteristic that is associated with that disability. This provision seems to be out of step with the New South Wales Companion Animals Act, which provides for people accompanied by assistance animals. 1 ‘Disability dog’ is defined as ‘a dog trained and used, or undergoing training to be used, for the purpose of assisting a person who is wholly or partially disabled’.

Other states and territories

In Tasmania and Victoria legislation permits people who are blind or hearing impaired to be accompanied by a guide dog or hearing dog.2 In Western Australia a vision-impaired person may be accompanied by a guide dog bona fide used as a guide dog. There is no provision for hearing dogs, however, the Minister may authorise a person to be accompanied by a specified dog.3

The anti-discrimination laws in the Victoria, Northern Territory, Western Australia and Tasmania prohibit discrimination on the grounds that a person relies on a guide dog or hearing dog. A ‘guide dog’ under the Victorian Equal Opportunity Act 1995 includes a dog trained to assist a person with mobility impairment. Like the Queensland Anti-Discrimination Act, it may be possible for a person accompanied by an assistance dog, who is refused access, to bring a complaint of indirect discrimination under the anti-discrimination laws in these states. 2 Domestic (Feral and Nuisance) Animals Act 1994 (Vic.), s. 7(4); Law Reform (Miscellaneous Provisions) Act (NT); Guide Dogs and Hearing Dogs Act 1967 (Tas.), s. 3. 3 Dog Act 1976 (WA), s. 8.

Issues arising from the current legislative positions

The Guide Dogs Act

The Guide Dogs Act which gives access rights to people accompanied by dogs trained by approved institutions listed in the regulation is subject to the following criticisms: • There is no provision for review of the organisations listed as approved institutions. • The listing of such organisations does not reflect the need for transparency, which is now considered desirable in legislation, as there is no criteria set out in the legislation to indicate why these organisations are given the approved status.

As there is no requirement for review of the listing of these organizations it is possible for an organisation to continue to be approved despite changes that might make it unsuitable for this approved status.

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Listing an organisation in this way should place a responsibility on government to ensure that the organisation has the necessary expertise and structures in place to train dogs to an appropriate standard. Currently the Act provides no mechanism to trigger the exercise of such responsibility.

The Commonwealth Disability Discrimination Act — no requirements for training or accreditation

One of the difficulties with the Commonwealth Disability Discrimination Act is that it has no provision for any particular level of training or accreditation for assistance animals. This makes it difficult for people to determine when an animal is a legitimate assistance animal. The Human Rights and Equal Opportunity Commission (HREOC) in its report Reform of the assistance animal provisions of the Disability Discrimination Act recommended that the Act be altered:

1. so that section 9 refers to ‘assistance dog’ rather than ‘assistance animals’ but with provision for other assistance animals to be added by the regulations 2. to specify that companionship or reassurance in social interactions is not in itself assistance 3. to specify that it is not discriminatory to: • require an assistance animal be under direct physical control by its user • require a person accompanied by an assistance animal to provide evidence that the animal provides assistance in relation to his or her disability and the nature of that assistance • require a person accompanied by an assistance animal to provide independent evidence that an assistance animal has been trained to comply with standards of hygiene and behaviour comparable to those applying to guide dogs • refuse access to an assistance animal that, under the circumstances, it is reasonable to regard as being an inappropriate breed or temperament for use as an assistance dog.

The report comments that details of accreditation or certification regimes appear more appropriately developed by authorities that regulate dogs, in consultation with training organisations and the disability community, rather than being specified in the Act itself. Clearly HREOC is of the view that state governments must develop accreditation processes.

Without accreditation requirements for assistance dogs, the introduction of specific provisions as proposed by HREOC could have the effect of preventing handlers of assistance dogs being able to successfully claim that they have been discriminated against. They might find it difficult to provide the evidence required by these provisions. The legislative proposal detailed in pages 19 to 23 would, if enacted into law, establish an accreditation process for trainers of guide dogs, hearing dogs and assistance dogs and establish requirements for the issuing of identification cards in respect of dogs trained by ‘approved trainers’. It would therefore complement the recommended changes to the Act proposed by HEROC by creating an accreditation process at the state level.

Other legislation that confers rights

Certain Queensland and Commonwealth legislation already prohibits exclusion of a person accompanied by an assistance dog. It might be arguable on this basis that conferring a right to be accompanied by an assistance dog is unnecessary. However, the difficulty with the existing law is that it provides no mechanism for:

• verifying that a dog is a genuine assistance dog • ensuring assistance dogs are trained to an appropriate level.

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Without these mechanisms, allowing dogs to enter public places poses risks to the safety and comfort of both the handler and members of the public. Poor behaviour may promote ill will and motivate those in charge of public buildings to deny future access to others with assistance dogs. A person denied access must establish that he or she has been discriminated against. The individual must make a complaint to either the Queensland Anti-Discrimination Commission or HREOC. Establishing that a person has been discriminated against may not necessarily prevent others experiencing such discrimination.

Confusion caused by the current law

The existence of specific laws concerning access rights for guide and hearing dogs but not for assistance dogs alongside anti-discrimination laws that make it discriminatory for people to deny access to people with a disability accompanied by dogs that assist them is inconsistent and confusing.

Challenges involved in giving legal recognition to assistance dogs

How to ensure dogs are properly trained and their skills are maintained

It must be emphasised that the rationale for conferring a right upon people to be accompanied by an assistance dog is that the dog provides assistance that enables them to go about their daily lives. The right is not conferred because the dog provides companionship or confidence. These may be additional benefits that a person obtains from being accompanied by an assistance dog but they do not of themselves warrant conferring such a right.

A dog assisting a person is working for them and performing certain functions that they are not able to perform. It can be compared in this context to a cane or wheelchair. Like these aides the dog has to be maintained and kept in working order to be effective. Legislation that confers a right must in some way recognise this but also ensure that the dog will not be hazardous in any way. This is much like the requirement for a car to have a roadworthy certificate and for its driver to have a current drivers licence, which shows they are capable of competently driving a vehicle.

The Guide Dogs Act confers a right on people to be accompanied by dogs that have been trained by a guide dog organisation specified in the legislation. The approved organisations listed in the Guide Dogs Regulation 1997 were recognised because of their membership of the International Federation of Guide Dog Schools for the Blind, their status as a legal entity and recognition in their home state as a training institution.

This approach relies on the approved organisations to train dogs to an appropriate standard, to ensure the suitability of the recipient of a dog and to train the recipient to handle the dog. Guide dog organisations do not only train dogs but offer orientation and mobility services to people with vision impairments. They have built up considerable expertise around the needs of people with vision impairments. Many of the people with whom they place dogs will have had contact with, and received a service from, that guide dog organisation long before applying to have a guide dog.

Guide Dogs Queensland — the approved Queensland organization

The approved Queensland institution declared under the Guide Dogs Regulation 1997 is the Guide Dogs for the Blind Association of Queensland, now known as Guide Dogs Queensland (GDQ). GDQ is a member of the International Guide Dog Federation which is comprised of 72 guide dog schools. To become a full member a school must:

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• have been operating for five years • have produced a minimum of 20 working dogs • meet the minimum standards of the International Federation of Guide Dog Schools for the Blind • undergo a satisfactory assessment by an assessor chosen by the Council of the International Guide Dog Federation.

Each member school is expected to comply with a code of practice and is encouraged to adopt a code of practice or ethics, to establish appropriate guidelines and to meet the requirements of their school and clients.

This membership provides an assurance that guide dog organizations will endeavour to train dogs and dog handlers to the highest possible standard and continue to provide ongoing support. GDQ has an interest in maintaining high training standards as their ‘product’, the guide dog, is in the public eye. Questions about a dog’s performance might undermine public confidence in GDQ.

Assistance dog trainers

The idea of assistance dogs is a relatively new one. There are only a small number of organisations that train assistance dogs in Australia.

Some assistance dog trainers are professional dog trainers who train dogs for profit. Others are not-for-profit organisations that rely upon donations, fundraising and volunteers to support their operations. The people that they train dogs to support do not have a particular type of disability. People with diverse disabilities may seek a dog that will assist them to perform certain tasks and enable them to enter public places unaccompanied by another person.

There are currently no Australian standards for the training of assistance dogs and there is no body that oversees training standards for such dogs, so there are no mechanisms for ensuring that assistance dogs have been trained sufficiently to safely accompany a person with a disability in public areas.

The international body Assistance Dogs International (ADI) represents organisations and individuals that train and place assistance dogs. ADI has developed minimum standards for all organisations that want to be affiliated with the organisation. Unlike the International Federation of Guide Dogs Schools, ADI does not monitor accredited members to ensure that they comply with these standards and requires little verification of information provided to support applications for membership.

Assistance dog training requires:

• dogs of appropriate breeds • specialist dog training skills • the ability to provide ongoing support • the ability to assess the need for and suitability of a person to keep and properly use an assistance dog • the ability to access public places such as shopping centres and public transport to familiarise the dog with such places and ensure they become accustomed to and comfortable in environments where there may be a lot of people, noise, smells and movement

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Public acceptance

Not all people like or feel comfortable around dogs. Particular breeds can provoke reactions, ranging from mild discomfort to great fear. Allowing particular breeds of dog to accompany a person in a public place, particularly confined spaces, could result in some people feeling these emotions and responding unfavourably towards the presence of the dog and handler. This is not a desired outcome of granting such a right. When permitting dogs in areas that serve food it is important that inappropriate toileting or other behaviour such as sniffing or seeking food does not infringe people’s enjoyment.

Although dogs are used for many different tasks throughout the world there may be some types of assistance that members of the Queensland community feel it inappropriate for a dog to provide — for example, some may not approve of a dog being required to pull a wheelchair.

Public acceptance of the assistance dog is important as unexpected reactions may result in conflict and hostility. Such responses may cause anxiety and upset for the dog handler and others resulting in a reduced enjoyment of public access and even a reluctance to go into public areas. This would be an unfortunate result of something intended to promote rather than diminish community accessibility and participation by people with a disability.

Ensuring safety and hygiene

When a dog is providing support to a person with a disability, the person must be confident that the dog will respond appropriately regardless of what is occurring around them. He or she may rely on the dog responding to verbal or visual commands. An assistance dog must be trained to a very high standard and be of a temperament and disposition that enables it to always obey these commands. The dog must also be trained to avoid distraction by other animals, sounds, smells and activity to ensure it does not put the safety of its handler, other people and itself at risk. The handler may not have the mobility and physical control of the dog that a person without a disability may be able to exercise.

Dog owners who take their dogs into public places are required under local government by-laws to clean up any faeces. A person with a disability who is assisted by a dog may not have the ability to pick up the dog’s faeces and dispose of it appropriately. Access rights will enable a dog handler and his or her assistance dog to enter places such as cafes and restaurants. Other people should not have to suffer discomfort or deal with the results of inappropriate toileting by an assistance dog. An assistance dog must be trained to toilet in specific places at specific times so that this does not occur. However, it is recognised that like people dogs get sick and sometimes a toileting accident may be unavoidable.

Ensuring the welfare of the dog

The community has an expectation that a person who has an animal under his or her control will provide for its needs, treat it humanely and ensure its welfare. Accordingly, it is important that people who wish to have assistance animals are aware of what will be required of them or their family or carers to care for that dog and that they or others have a capacity and willingness to attend to its needs.

Ongoing support for people with assistance dogs

Because of the nature of the relationship between the dog and the person to whom it provides assistance, it is important that their progress as a working team is reviewed regularly. This may be particularly important in the months immediately following receipt of the dog.

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If a dog is to continue to effectively support a person in public places it is important that the dog’s skills are maintained and are not eroded over time by inappropriate use or treatment. A dog handler must be able to obtain follow-up support when needed. A lack of support could jeopardise the relationship between the dog and its handler and have a negative impact on the dog’s ability to continue as an assistance dog. This expertise would be expected to be available from the organisation that trained the dog.

A person with a disability who seeks the assistance of a dog will more than likely have quite specific needs. If he or she experiences difficulties with a dog and is not provided with sufficient support, the dog may become a burden for the person and his or her family or carer.

Objective and scope of legislation

The primary objective of any legislative recognition of assistance dogs would be to assist the mobility and community participation of people with a disability without exposing them or others to undue risk to their health or safety. Additional benefits that are sought are: • eliminating confusion as to whether people have a right to be accompanied by assistance dogs • providing a mechanism to enable people to ascertain that a dog is a genuine assistance dog • enabling people with a disability who are accompanied by an assistance dog to confidently assert their right to access • ensuring that Queensland law complements the Commonwealth law.

The Queensland Government is not considering giving rights of access to people to be accompanied by dogs that only provide companionship or give them confidence. Access rights would only be conferred on people who have a recognised disability and where the dog genuinely provides assistance to that person in a way that alleviates the effect of the disability. The assistance dog should enable them to travel and go into public places where the nature of their disability would have made it difficult or impossible to do this alone.

It is recognised that dog trainers would not necessarily, and could not be expected to, employ people who are experts in assessing whether a person has a disability. Each applicant for an assistance dog would need to provide information from qualified medical practitioners about the nature of his or her disability before assistance dog training could begin.

Dog trainers could then determine whether they were able to train a dog to assist the person and whether that person would: • be capable of handling the dog • be capable of attending to its needs • benefit from having an assistance dog because they have a regular need or desire to go into public places.

It is not intended that access rights be conferred upon untrained dogs. It is recognised that there may be considerable risk for a person with a disability who is accompanied by a dog that is not trained to a sufficiently high standard. Access rights would only be conferred upon people with a disability who are assisted by a dog that has undergone a rigorous and thorough training process and has passed a public access test.

Unwanted consequences

Unwanted consequences of legislative recognition are: • poorly trained dogs posing a risk to themselves, their handlers and other members of the public

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• reduction of public confidence in guide dogs • public hostility as a result of poor standards of behaviour of assistance dogs • ongoing confusion as to which dogs are genuine assistance dogs • inappropriate breeds being trained as assistance dogs • dogs being trained to perform tasks that may impinge upon the welfare of the dog.

Legislative proposal

Process of approval of assistance, guide and hearing dog trainers

To achieve the government’s objective and avoid unwanted consequences, and recognising the limits of legislation, it is proposed that legislation be adopted that would empower the chief executive to approve assistance, guide and hearing dog trainers. This would permit the chief executive to convene a committee to consider applications, consult with relevant stakeholders regarding the merits of an application, and make recommendations to the chief executive.

The role of the committee would be to ensure that dog trainers have the appropriate organisational structure and expertise to place dogs with people with a disability and provide ongoing support. It is envisaged that the committee would be comprised of representatives from relevant state government departments, a person with expertise in dog training for the disability sector, and a person with experience in animal welfare.

The legislation would set out criteria, which dog trainers applying for approved status would have to meet. They would be required to show: • qualifications and demonstrated experience in dog training, specifically assistance, guide or hearing dog training • adherence to procedures and guidelines to determine the suitability of a person with a disability to be provided with an assistance, guide or hearing dog • adherence to procedures and guidelines for selection of suitable dogs and training of dogs to a standard that ensures they are safe to go into public places • adherence to procedures to ensure provision of ongoing support to guide, hearing or assistance dog recipients and training for the dog to ensure the welfare of the person and the dog and public safety • an organisational structure that demonstrates potential for continuity of service provision to people who may seek ongoing support.

Provision would be made for review of their approved status every three years to ensure that they continue to be able to satisfy the criteria for eligibility as ‘approved trainers’.

The chief executive would be given power to suspend or withdraw a trainer’s approved status without undertaking the formal review process should the chief executive form a reasonable belief that: • the trainer is no longer suitable to be authorised under the legislation and • immediate action is required.

It is proposed to give a person or organisation aggrieved by a decision to refuse or discontinue ‘approved status’ a right to have that decision reviewed by an external body.

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Access rights

New provisions would make it clear that a person with a disability accompanied by an assistance dog, guide dog or hearing dog trained by one of the approved trainers is entitled to access public places or public transport in much the same way as the Guide Dogs Act confers this right on vision or hearing impaired people accompanied by a guide dog. It would also make it clear that an approved trainer or a person authorized by an approved trainer is entitled to be accompanied by a dog in training.

The proposed legislation would also make it clear that for reasons connected with the maintenance of health and hygiene standards there are some places an assistance, guide or hearing dog cannot go.

The legislation could:

• prohibit a person from denying access to a public place or passenger vehicle by a person with a disability accompanied by an assistance dog, guide or hearing dog as defined under the Act • prohibit a person from denying access to a public place or passenger vehicle by a person bona fide training an assistance, guide or hearing dog • prohibit a person in charge of a public place or public transport from imposing an additional charge for entry because a person is accompanied by an assistance, guide or hearing dog • allow a person to charge a reasonable fee should the presence of the dog cause that person additional expense • make it an offence to attempt to pass a dog off as an assistance, guide or hearing dog when it is not • make it an offence to dishonestly claim to have a disability to obtain rights of access with a dog under the Act • make clear that the person accompanied by the assistance, guide or hearing dog is still liable for any damage caused by the dog.

Currently the Guide Dogs Act only prohibits the denial of access, accommodation or service to a person accompanied by a guide dog. It has no other provisions that clarify what a handler of a guide dog or person in charge of a public place or passenger vehicle may or may not do in respect of the use of a guide dog. Should consultation support the new offences as proposed, consideration would be given to appropriate penalties for contravening such provisions.

Definition of a person with a disability

The definition of disability for the purposes of the new legislation would reflect the definition included in the Disability Discrimination Act in so far as it relates to a current disability, which is set out below.

Disability, in relation to a person, means: (a) total or partial loss of the person’s bodily or mental functions or (b) total or partial loss of a part of the body or (c) the presence in the body of organisms causing disease or illness or (d) the presence in the body of organisms capable of causing disease or illness or (e) the malfunction, malformation or disfigurement of a part of the person’s body or (f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction or (g) a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour

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It is not considered appropriate to use the definition included in the Disability Services Act 1992 as it was created for the purposes of funding allocations.

This definition is broad enough to cover all disabilities and medical conditions which may affect a person’s ability to access public places safely and effectively. The definition is only intended to apply to current disability.

A person seeking to have a dog trained to assist him or her, or a person who has trained a dog and seeks to have an approved trainer verify that the dog is properly trained, would have to supply the approved trainer with documentation from medical experts which provides details of the nature of his or her disability. To ensure that appropriate information is provided to the approved trainer, the department responsible for administering the legislation could prepare official forms for medical experts to complete.

Maintain a distinction between assistance dogs and guide dogs

It is proposed that the legislation maintain a distinction between assistance dogs, guide dogs and hearing dogs. This is considered appropriate as guide dogs are already clearly identifiable and Guide Dogs Queensland is well recognised, has procedures for handling complaints about guide dogs and provides support to guide dog handlers.

This distinction would be reflected in the new Act which would include separate sections dealing with guide dogs, and assistance dogs. The section regarding assistance dogs would include requirements for assistance dogs to be clearly identifiable by distinctive coats and tags.

Assistance dog handlers would be required to carry identification cards which would include a picture of the dog and handler together and indicate the:

• name of the dog • name of the handler • name of the approved trainer and a contact number for the trainer • date of issue of the card • date of expiry of the card.

The identification card would be issued by the chief executive and would remain valid for two years from the date of issue. A card would be issued following verification from an approved trainer that the dog:

• has been trained to an appropriate standard and has passed a public access test • is registered with the appropriate local government • has not been declared a dangerous dog • is not of a breed prohibited under local government by-laws.

A new card would be issued upon verification being provided to the chief executive that the assistance dog has been assessed and has passed a public access test within the previous month.

People who have privately trained their dogs will be able to obtain an identification card and have access rights with their assistance dog provided an ‘approved trainer’ verifies that the dog has been trained to an appropriate standard and has passed a public access test. They would also have to show that the dog is registered with the relevant local government, is not a declared dangerous dog and not of a breed prohibited under local government by-laws.

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A dishonest or careless assertion by an ‘approved trainer’ that the dog has been trained to an appropriate standard and has passed a public access test could be grounds for withdrawal of the trainer’s approved status. Such conduct could also be an offence punishable under the new Act.

It is proposed that assistance dog trainers would also be required to carry identification indicating that they have approved trainer status under legislation.

The chief executive would be: • authorised to maintain a register of assistance dogs and issue identification cards • given power to request the return of an identification card and to strike a dog from the assistance dog register should he or she form the reasonable belief that: a) a dog poses a threat to the health and welfare of the handler or a member of the public and b) action is required to prevent any harm occurring.

It is proposed to enable other relevant government departments and agencies to access information included in the register. This information would be of assistance to departments such as the Department of Transport and local governments which would benefit from being able to ascertain whether a dog has been trained to be an assistance dog.

Provision of information to other departments and agencies would have regard to the privacy requirements set out in Information Standard 42 — Information Privacy.

Definition of assistance dog

An assistance dog would be defined under new legislation as a dog trained by an approved assistance dog trainer to provide assistance to a person with a disability and which has passed an approved public access test.

The creation of a definition of ‘assistance dog’ in a new Act would necessitate a change to the definition of ‘impairment’ currently included in the Queensland Anti-Discrimination Act 1991 to cover reliance upon both guide dogs, and assistance dogs

Conclusion

The Queensland Government intends to do as much as possible to help people with a disability participate in community life. Conferring rights upon people with a disability to access public places with assistance dogs should reduce some of the existing confusion and uncertainty created by existing laws.

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ORDINARY MEETING 16 27 OCTOBER 2005

MATERIAL CHANGE OF USE (CODE ASSESSMENT) – MULTI UNIT HOUSING – 138, 136 BUCHAN STREET & 184, 182 SPENCE STREET, CAIRNS – DIVISION 5

Jenny Elphinstone: 8/7/293 : #1080939

PROPOSAL: MULTI UNIT HOUSING (24 UNITS)

APPLICANT: HEDLEY CONSTRUCTIONS PTY LTD PO BOX 5902 CAIRNS QLD 4870

LOCATION: 138, 136 BUCHAN STREET & 184, 182 SPENCE STREET CAIRNS QLD 4870

PROPERTY: LOT 5, 6, 7 & 8 ON RP710306 PARISH OF CAIRNS

PLANNING DISTRICT: INNER SUBURBS

PLANNING AREA: RESIDENTIAL 3

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: NONE APPLICABLE

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: 15 NOVEMBER 2005

DIVISION: 5

APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

Subject Sites

RECOMMENDATION:

That Council approve the development application for a Material Change of Use (Development Permit) for the establishment of twenty-four (24) Multi-Unit Houses over land described as Lots 5,6,7 and 8 on RP710306, Parish of Cairns located at 136-138 Buchan Street and 182-184 Spence Street, Bungalow, subject to the following conditions:

Assessment Manager Conditions

a. The approved plans, noted below, and attached as Appendix 1;

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Title Prepared By Plan Number Date Elevations Hedley Project 05-11, 17 October 2005 Constructions DW-01 Pty Ltd Elevations Hedley Project 05-11, 17 October 2005 Without fence Constructions DW-07 Pty Ltd Existing Lot/& Hedley Project 05-11, 17 October 2005 Plan Constructions DW-02 Pty Ltd Proposed Site Hedley Project 05-11, 17 October 2005 plan Constructions DW-03 Pty Ltd 1st Floor Plan Hedley Project 05-11, 17 October 2005 Constructions DW-04 Pty Ltd 2nd Floor Plan Hedley Project 05-11, 17 October 2005 Constructions DW-05 Pty Ltd 3rd Floor Plan Hedley Project 05-11, 17 October 2005 Constructions DW-06 Pty Ltd Concept Vic Preston Project 05-33 17 October 2005 Landscape Plan 05-43-CL-01, Revision B On-street Works, Colefax C01 As submitted to Left Turn Associates Council on 17 Treatment October 2005 b. The plans, specification, facts and circumstances as set out in the application submitted to Council; c. To ensure that the development complies in all respects with the following conditions of approval and the requirements of the Council’s Planning Scheme and the FNQROC Development Manual; and d. Subject to any alterations found necessary by the Council at the time of examination of the Engineering Plans or during the construction of the development because of particular engineering requirements.

Except where modified by these conditions of approval.

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Timing of Effect

2. The conditions of the Development Permit must be effected prior to the commencement of the use, except where specified otherwise in these conditions of approval.

Amendment to Design

3. The proposed development must be redesigned to accommodate the following changes:

a. Buildings are designed to reduce heat absorption by either:

i. The combined effect of wall materials and insulation having a minimum R value of 1.4; or

ii. Use of light colours on walls and provision of overhangs or shading devices that project at least ¼ of the wall height; and

b. Use of Solar reducing glazing to the full length windows, adjacent to the Juliette balconies of the north and west elevations.

Details of the above amendments must be indicated on plans submitted at and approved by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

Water Supply and Wastewater Contributions

4. The applicant/owner must contribute in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provisions of water supply and sewerage headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $20,088.02 (5.6 ERAs) for water, and $36,339.69 (11.6 ERAs) for wastewater.

Payment is required prior to the Commencement of Use or the approval and dating of the Building Format Plan, whichever occurs first.

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Road Network Contributions

5. The applicant/owner must contribute in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards Traffic Management and Road Upgrading Programs.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $6,273.33 (9.5 ERAs).

Payment is required prior to the Commencement of Use or the approval and dating of the Building Format Plan, whichever occurs first.

Community Purpose Infrastructure Contributions

6. The applicant/owner must contribute in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provision of Community Purpose Infrastructure.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total contributions are $40,566.00 (51 EPs) for Community Purpose Infrastructure.

Payment is required prior to the Commencement of Use or the approval and dating of the Building Format Plan, whichever occurs first.

Stormwater Quality

7. The applicant/owner must contribute in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the improvement of Stormwater Quality.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total contributions are $1,140.54 for Stormwater Quality.

Payment is required prior to the Commencement of Use or the approval and dating of the Building Format Plan, whichever occurs first.

Water Supply and Sewerage Works

8. The applicant/owner must carry out water supply and sewerage works to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer.

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In particular, the site must be provided with a single internal sewer connection in accordance with the FNQROC Development Manual.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to the prior to the commencement of the use.

Parking

9. The amount of vehicle parking must be as specified in Council's Planning Scheme which is a minimum of forty-two (42) spaces and one vehicle wash bay. Two (2) spaces must be provided for visitor parking.

Bicycle Parking

10. The applicant/owner must ensure the provision for two (2) secured, on-site bicycle spaces for visitor parking. The bicycle parking area must be constructed prior to the commencement of the use.

Parking Construction

11. The parking must be constructed in accordance with the FNQROC Development Manual specifications prior to Commencement of Use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all parking, driveway and vehicular maneuvering areas must be imperviously sealed, drained and line marked.

Parking Signage

12. The applicant/owner must erect signs to the satisfaction of the Chief Executive Officer, advising of the location of the off-street visitor parking area and access thereto. Details of the signs must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. The signs must be erected prior to the Commencement of Use. One sign must be located on the Spence street frontage and one on the Buchan Street frontage giving details that the visitor parking is off Spence Street.

External Works

13. The applicant/owner must at its own cost undertake the following works external to the subject land:

a. Construct a 2.0 metre wide concrete footpath to 2.0 metre wide footpath to Buchan Street and a new 1.2 metre wide footpath to Spence Street frontage;

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b. Construct works as detailed in the plan of proposed on-street works and left turn treatments by Colefax Associates, Drawing C01, as submitted to Council on 17 October 2005 including:

i. Construct full width bitumen widening to the Buchan Street frontage , with the exception of proposed island areas frontage;

ii. Provision of a concrete crossover(s) and apron(s);

iii. Make good the kerb(s) at redundant crossover(s);

iv. Relocate the Ergon Energy pole in Spence Street to behind the kerb;

v. Construct landscaped/grass/coloured concrete verge islands as detailed in the submitted plans;

vi. Construct tree guard around the existing trees in the road reserve along Buchan Street;

vii. Construct new kerb and channel to Buchan and Spence Streets; and

viii. Restrict the vehicle access from Buchan Street to a left-in ingress movement only. Note an alternative arrangement for rubbish collection may be required.

The external works outlined above require an Operational Works approval. Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be submitted to Council and endorsed by the Chief Executive Officer prior to the commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Landscaping Plan

14. The applicant/owner must landscape the subject land and street frontage in accordance with the FNQROC Development Manual and in accordance with a landscape plan submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. In particular, the plan must show:

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b. The retention of as many existing trees and shrubs as possible and further planting of trees and shrubs. Consideration is to be given to retaining the eucalyptus and reasons as to why this tree is required to be removed are to be submitted to Council for consideration. Existing Alexandra Palms and Dwarf Date Palms are to be maintained preferably in their existing location or relocated elsewhere on the site;

c. The landscaped areas adjoining the parking area must be protected from vehicular encroachment by a 150mm high vertical concrete kerb or similar obstruction;

d. Inclusion of low level evening lighting to the visitor car parking spaces; and

e. Inclusion of all requirements as detailed in other relevant conditions included in this Development Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

Screen Fence

15. The applicant/owner must provide a screen fence to the side and rear boundaries of the subject land, to the satisfaction of the Chief Executive Officer. The required fencing must be consistent in terms of design and materials with other similar fences in the locality. Details of the screen fence are as submitted to Council on 17 October 2005 by Vic Preston, Concept Landscape Plan Project 05-33, 05-43-CL-01, Revision B.

Lawful Point of Discharge

16. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

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Minimum Fill and Habitable Floor Levels

17. All floor levels in all buildings (including the ground level car park) must be located 300 mm above the Q100 flood immunity level of 2.7 metres AHD, plus any hydraulic grade effect (whichever is the greater), in accordance with FNQROC Development Manual and Planning Scheme requirements. Council’s current records indicate existing ground levels of approximately 2.8 metres to 3.7 metres occur on the land.

Water Saving

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

Building Over/Adjacent Sewer

19. The applicant must either:

a. Relocate the existing sewer or site the proposed building such that the sewer is a minimum of 1.5 metres away from the building and clear of the zone of influence from the footings and foundations of any building/structure; or

b. Replace the existing sewer main under or within 1.5 metres of the building and within the zone of influence of the footings and foundations with uPVC sewer pipe class SEH.

All the above sewer works must be designed and constructed in accordance with the FNQROC Development Manual and the building footings must be designed so as not to place any load on the sewer. The details of the building footings adjacent to the sewer must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Refuse Storage

20. Refuse storage is required to service the site in accordance with Council’s requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from Cairns Water.

21. The refuse bin enclosure must be roofed and bunded and fitted with a bucket trap.

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Vehicle Wash Bay

22. The vehicle wash bay must be roofed and bunded and wastewater discharged through a 550 litre triple interceptor to sewer or as agreed to by the Chief Executive Officer.

External Lighting

23. All external lighting installed upon the premises including car parking areas must be certified by Ergon Energy (or such other suitably qualified person). The lighting must conform with the Planning Scheme, whereby vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from the ground level.

Crime Prevention Through Environmental Design

24. The applicant/owner must ensure that all lighting and landscaping requirements complies with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

Details Of Development Signage

25. Details of any permanent signage proposed in association with the development must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. In particular, the development must provide clear and legible signage incorporating the street number.

26. Prior to the commencement of the use, the applicant/owner must submit to Council a copy of a letter from Ergon Energy or details of alternative arrangements for the works, stating that satisfactory works have been completed for the provision of:

a. an underground electrical supply to the development; and

b. street lighting in accordance with the requirements of the FNQROC Development Manual; and

c. locating of all above ground transformer cubicles clear of footpath areas.

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Acid Sulfate Soils – Footing Excavations / Pool Disturbance

27. The excavations for building footings and pool excavation proposed may result in disturbance of potential acid sulfate soils (PASS). Prior to excavation, in association with a geotechnical assessment, an acid sulfate soil investigation must be undertaken. The investigation must be performed in accordance with the latest ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ produced by the Department of Natural Resources and Mines, and State Planning Policy 2/02 – Planning and Managing Development Involving Acid Sulfate Soils. Where it is found that PASS exist, treatment of soil must be undertaken on-site to neutralise acid, prior to disposal as fill, in accordance with the DNRM ‘Queensland Acid Sulfate Soil Technical Manual’.

28. Noise from either air conditioning units, swimming pool filters, service equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).

29. Swimming pool water quality must be maintained so that it meets the Queensland Health Swimming and Spa Pool Water Quality and Operational Guidelines at all times.

Amalgamation Required

30. The applicant/owner is responsible for the reconfiguration (amalgamation) of Lot 5,6,7 and 8 on RP710306 into one lot. The Plan of Survey must be registered with the Department of Natural Resources and Mines at the applicant's/owner's cost prior to the commencement of use.

ADVICE

2. Current requirements and estimates of headworks contributions may change when elements of the Cairns City Council Priority Infrastructure Plan (PIP) are adopted.

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

EXECUTIVE SUMMARY:

Application is made for the development of twenty-four (24) Multi-Unit Houses on the north-eastern corner of Buchan and Spence Streets. The development will be accompanied by forty-four car spaces and a car wash bay. The development meets the requirements of CairnsPlan and the report recommends the application be supported subject to conditions.

TOWN PLANNING CONSIDERATIONS:

Proposal

The land currently consists of four, separate lots and has a total site area of 2,299m2. Application is made for a four storey premises (11.2 metres high) that utilises the ground floor as on-site car parking with three floors of residential accommodation above. The building is staggered in its setback to the street. The development comprising of eighteen (18) three bedroom and six (6) two-bedroom units, is accompanied by forty-five (45) on-site car parking spaces. One car space is nominated as a car wash bay.

Each Unit has two private open space balconies: a large area adjacent to the internal living areas; and a smaller balcony to the bedroom(s). Each unit also has a small storage area in the ground floor car park area. The corner location of the property gives frontage to both Buchan and Spence Streets and one vehicle access is to be provided to each street. A communal landscaped open space area is provided at the rear for the residents and includes a spa and swimming pool. A 1800mm high rendered fence surrounds the development and is stepped to provide landscaped in-fills.

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CairnsPlan Assessment

Planning Area Code

Residential 3 Planning Area Code:

The proposed development is in keeping with the intent of the purpose of the Residential 3 Planning Area. The proposed population density 339pph is below the Acceptable Measure of 400pph. The proposed building height of 11.2 metres is below the Acceptable Measure of 11.5 metres. The development provides a mix of one and two bedroom units, each with good cross-ventilation. The building form is consistent with neighbouring unit development and the street elevation is articulated by staggering the verandah setbacks to reduce overall building bulk. The proposal is an expected form of development in the Residential 3 Planning Area.

Overlay Codes

Flood Management Code:

All habitable rooms are located 2.8m above ground level and meet the Acceptable measure. A condition of the approval requires the ground floor car park to achieve Q100 flood inundation immunity.

Operational Aspects of the Cairns International Airport Code:

The proposed height of 11.2m is well below the Code requirements. The Operational aspects of the Cairns Airport do not apply to this development.

Potential or Actual Acid Sulphate Soil Material Code:

No details have been submitted regarding any possible acid sulphate soil. No excavation is nominated. Acid sulphate may be present given the location of the site below the 5m contour. However it would be only likely to be incurred during excavation for footings and the pool/spa. A standard condition of approval is included to require investigation when these construction works are undertaken.

Land Use Code

Multi Unit Housing and Holiday Accommodation Code:

The subject land has a total area of 2,299m2, well above the Acceptable Measure of 800m2. The proposed development is setback at least 6 metres to Spence Street and 4.8metres to Buchan Street. The ground floor car park is setback 5.516m to Spence Street, which is marginally below the Acceptable Measure of 6.0 metres. However, this is considered to satisfy the Performance Criteria.

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The total site coverage is 38.5% is proposed. This includes the rear balconies to the bedrooms. As these balconies have a width less than 3m they are included in the site coverage calculations. Excluding the rear balconies, the site coverage reduces to 36%. Benefits of greater cross ventilation to each unit is gained by provision of the rear balconies. While the proposed site coverage is marginally above the Acceptable Measure it is considered that the Performance Criteria is achieved in this instance.

The residential components of the buildings are sited 4-6m from the eastern property boundary and 4.5m from the northern boundary, meeting the Acceptable Measure of 4.0 metres for the fourth level of the building.

The private balconies offer an area of 25% of the GFA of the respective units, which is above the Acceptable Measure of 20%. Forty-five percent (45%) of the site is landscaping area, above the Acceptable Measure of 35%. The Code’s Acceptable Measure for a 1.8 metre high fence is that it is 50% permeable. The proposal includes a stepped fence with permeability at the sides of the insteps through steel rails and landscaping. The fence is designed to minimise external road noise and is considered appropriate in this instance.

A communal open spaces/facilities, refuse storage and pedestrian and vehicle access all meet the Acceptable Measures.

Solar radiation to the west and part of the north elevations where full length Juliette balconies accompany full length windows can be reduced by using solar refecting glazing. This is a condition of the approval. Privacy / shade screens are provided to the street facing balconies.

General Codes:

Excavation and Filling Code:

No excavation is proposed other than for building footings and for the spa/pool. The actual excavation for the pool will be at least 400mm from the boundary to provide for pool coping. The engineering for the pool excavation adjacent to the property boundary is normally addressed through conditions of a subsequent Development Permit for Building Work.

Infrastructure Works Code

The development can connect to existing Council sewer and water supply headworks. The site already has connection into the Ergon Energy infrastructure. Conditions of the approval require the relocation of the Council’s Sewer, that currently traverses the site, and also the construction of external works to the kerb, channel, road pavement widening and new footpath. The concept design of the proposed external works has been included in the application plans. Full compliance with the performance criteria is achieved through conditions of the approval.

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Landscaping Code:

An appropriate conceptual landscape plan has been submitted that includes the on- street works. There is virtually no natural vegetation on site. Limited mature vegetation exits on site and this includes:

Mangifera Indica Common Mango Archontophoenix Alexandrae Alexandra Palms Phoenix Roebelii Dwarf Date Palms Cocos Nucifera Coconut Palms Dracena Fragrans Happy Plant Unidentified eucalyptus

The Archontophoenix Alexandrae are a substantial stand of several palms towards the street frontage of Lot 8. No issue is raised with the removal of the mango or coconut palms. Whether the unidentified eucalyptus is retained depends upon its location relative to the proposed buildings and further details are required at the submission of a final landscape plan. It is preferable that the Alexandra Palms and Dwarf Date Palms be maintained either in their existing location or relocated elsewhere on the site.

Parking and Access Code:

Parking has been provided above the Acceptable Measure. Two spaces, external to the gated, covered car park, have been provided. A condition of the approval requires that the two visitor parking spaces of suitable dimensions to accommodate a disabled driver car parking spaces. A further condition requires the on-site provision of two visitor bicycle parking spaces. Private bicycle parking can be accommodated in each of the proposed ground floor storage room allocated to each unit. The external on-street works design incorporates left-in and left out only turns for both the Spence Street and Buchan Street vehicle entrances/exists.

Concern is raised with the proposed egress onto Buchan Street. This can cause traffic conflict due to the close proximity to the signalised intersection. A condition of the approval requires that this access be limited in left-turn ingress only.

Public Notification/Submissions

No public notification of the application is required under the Integrated Planning Act 1997 for Code Assessable development.

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HEADWORKS / CONTRIBUTIONS:

Element Comment Calculation Contribution Water Supply District 10: $3,587.15/ERA 5.6 ERA x $20,088.02 Proposed Demand: $3,587.15/ERA 6 x 3 Bedroom MU Houses 18 x 2 Bedroom MU Houses Total Demand: 9.6 ERA

Less credit for existing: 4 x 401-900m2 House lots: 4 ERA

Net Demand: 5.6 ERA

Wastewater District 26: $3,132.73/ERA 11.6 ERA x $36,339.69 Management Proposed Demand: $3,132.73/ERA 6 x 3 Bedroom MU Houses 18 x 2 Bedroom MU Houses Total Demand:15.6 ERA

Less credit for existing: 4 x 401-900m2 House lots: 4 ERA

Net Demand: 11.6 ERA

Drainage CBD & Environs DMP – no contributions applicable for Stream Mitigation

Water Quality Catchment: Fearnley Street Drain 0.34485 Ha x $1,140.54 Charge: $3,307.36/ha $3,307.36/Ha Land Area: 0.34485 Traffic District Cairns Precinct 3: $660.35/ERA 9.5 ERA x $6,273.33 Proposed Demand: $660.35/ERA 6 x 3 Bedroom MU Houses 18 x 2 Bedroom MU Houses Total Demand:13.5 ERA

Less credit for existing: 4 x House lots: 4 ERA

Net Demand: 9.5 ERA

Community District Central Suburbs: $796/EP 51EP x $796/EP $40,566.00 Purpose Proposed Demand: 6 x 3 Bedroom MU Houses 18 x 2 Bedroom MU Houses Total Demand:63 EP

Less credit for existing: 4 x House lots: 12 EP

Net Demand: 51EP

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Jenny Elphinstone Simon Clarke Senior Planning Officer Manager City Assessment Action Officer

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Appendix 1 – Proposed Site Plans

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ORDINARY MEETING 17 27 OCTOBER 2005

RECONFIGURING A LOT (1 LOT INTO 124 LOTS) – LOT 998 GAMBURRA DRIVE, REDLYNCH VALLEY – DIVISION 12

Jenny Elphinstone: 8/13/998 : #1033044

PROPOSAL: RECONFIGURING 1 LOT INTO 124 LOTS

APPLICANT: REDLYNCH VALLEY PROPERTY COMPANY PTY LTD C/- C&B GROUP PO BOX 1949 CAIRNS QLD 4870

LOCATION: LOT 998 GAMBURRA DRIVE REDLYNCH VALLEY

PROPERTY: LOT 998 ON RP164254 PARISH OF CAIRNS

PLANNING DISTRICT: REDLYNCH VALLEY

PLANNING AREA: OPEN SPACE & CONSERVATION

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: DEPARTMENT OF NATURAL RESOURCES AND MINES

NUMBER OF SUBMITTERS: NONE APPLICABLE

STATUTORY ASSESSMENT DEADLINE: 15 NOVEMBER 2005

DIVISION: 12

APPENDIX: 1. PROPOSED LAYOUT PLANS 2. CONCEPTUAL CUT AND FILL PROFILE 3. PLAN OF LOCATION OF HYDRAULIC WORKS 4. PROPOSED ACTIVE PARK AND RECREATIONAL FACILITY

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LOCALITY PLAN

Subject Site

RECOMMENDATION:

That Council approve the development application for Reconfiguring a Lot (124 Residential lots, 1 Park lot and a Balance lot) over land described as Lot 998 on SP164254, Parish of Cairns located at Lot 998 Gamburra Drive, Redlynch, subject to the following conditions:

Assessment Manager Conditions

1. The proposed Plan of Development Drawing No. 4923-507 Revision D dated 13/7/05 and proposed Lot 997 on SP167065 (dated 17/6/2005) for the creation of a Park and prepared by C&B Group Pty Ltd is approved generally in accordance with:

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

b. To ensure that the development complies in all respects with the following conditions of approval and the requirements of the Council’s Planning Scheme and the FNQROC Development Manual; and

Except where modified by these conditions of approval.

Timing of Effect

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

3. The developer/owner must comply with the conditions of all existing approvals issued over the subject land, specifically the Consent Order dated 31 January 1996 in relation to P&E Appeal 6 of 1996, the Consent Order dated 21 April 1997 in relation to P&E Appeal 52 of 1996 and the Court Order dated 30 July 2004 in relation to P&E Appeal 306 of 2003, except where these are inconsistent with the current proposal or amended by the conditions of this approval.

In particular the Council trunk water mains must be located in a separate lot exclusive of the Gamburra Road Reserve, for the length of Gamburra Drive. These lots must be transferred to Council at the same time as registering the Survey Plans with the Department of Natural Resources and Mines.

Water Supply and Sewerage Contributions

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $488,704.98 (122.70 ERAs) for water, and $545,148.82 (123.0 ERAs) for sewerage.

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Payment is required prior to the approval and dating of the Plan of Survey.

Road Network Contributions

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $266,560.74 (123.0 ERAs).

Payment is required prior to the approval and dating of the Plan of Survey.

Stormwater Mitigation

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total contributions are $36,931.74 for Stormwater Mitigation.

Payment is required prior to the approval and dating of the Plan of Survey.

Stormwater Quality

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total contributions are $23,977.82 for Stormwater Quality.

Payment is required prior to the approval and dating of the Plan of Survey.

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Parkland Contribution

8. The applicant/owner must transfer to the area marked as – Active Park and Passive Park on Plan of Development Drawing No. 4923-507 Revision D dated 13/7/05 and proposed Lot 997 on SP167065 (dated 17/6/2005) in accordance with the requirements of Council's Planning Scheme and Section 5.6 of the Local Government (Planning and Environment) Act 1990 and the Court Consent Order dated 30 July 2004 in relation to P&E Appeal 306 of 2003. This area is to be a fair average of the type of land to be reconfigured and shall be filled, graded, and drained, and all declared pest plants to be destroyed and left in a mowable condition to the requirements and satisfaction of the Chief Executive Officer. The park areas shall be transferred to the Crown at the same time as registering the Survey Plans with the Department of Natural Resources and Mines.

Notification to Purchasers

9. The developer is to advise:

a. All purchasers of land within the development of the existence of a major quarry on the western side of Redlynch Intake Road and the fact that such a quarry has a long-term approval;

b. Erect a sign at the entrance of the development. This sign shall state the existence and approved life of the quarry. This size of the sign and the lettering in the sign shall be to the satisfaction of the Chief Executive Officer; and

c. The proposed recreational facility on Plan of Development Drawing No. 4923-507 Revision D dated 13/7/05 is indicative only and not works approved or sponsored as yet by Cairns City Council.

Water Supply and Sewerage Works

10. The applicant/owner must carry out water supply and sewerage works to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer.

In particular, each allotment must be provided with a single internal sewer connection in accordance with the FNQROC Development Manual.

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A Sewer and Water Masterplan for all new allotments must be supplied to Council at time of lodgement of the Operational Works.

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

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

11. The development must be filled such that all new allotments are filled above the Q100 flood immunity level.

No development of filling can occur within the floodplain below the 100 year ARI flood level shown on C&B Group Drawing No 4923-500 (A) unless it is shown through appropriate hydraulic modelling, consistent with the Freshwater Creek Management Plan, that there is no adverse impact from the development on external properties. Consistent with the criteria adopted elsewhere within the Barron River catchment, Council is prepared to accept a tolerance of +/-20mm for this assessment.

Landscaping Plan

12. The applicant/owner must landscape the subject land and street frontage in accordance with FNQROC Development Manual and in accordance with a landscape plan submitted to and endorsed by the Chief Executive Officer. In particular, the plan must show:

a. The retention of as many existing trees and shrubs as possible and further planting of trees and shrubs.

b. Planting of the footpath with trees, using appropriate species with regard to any site constraints.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be submitted to and endorsed by the Chief Executive Officer. Areas to be landscaped must be established prior to the approval and dating of the Plan of Survey and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

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Vegetation Clearing

13. Existing vegetation on the subject land must be retained in all areas except those affected by the construction of roadworks/access driveways, the installation of services as detailed on the approved plans as stated in Condition 1. Any further clearing requires an Operational Works Approval.

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

Wildlife

14. Prior to removal of any tree, an inspection must be carried out for any signs of protected wildlife including nests and animal habitat. Should any recent wildlife activity be identified, removal of the tree must not occur until the animal has vacated the area of immediate danger. If the animal does not move from the area of danger, the Queensland Parks and Wildlife Services must be contacted for advice. Important habitat trees should be retained wherever possible.

Parkland Protection

15. Any common boundaries with existing and proposed parkland or drainage reserves must be temporarily delineated and fenced off to restrict building access for the duration of construction activity.

Reserves Over Creeks and Streams

16. The applicant/owner must transfer in favour of Council for drainage purposes a reserve and must contain all land below the top of the high bank and a 10 metre minimum wide strip adjacent the top of bank to the extent of the subject land or the limit of Q100 flooding, whichever is the greater. The land (reserve) must be transferred in conjunction with the registration of the Plan of Survey.

Existing Creek and Drainage Systems

17. All existing creek systems and drainage areas must be left in their current state including no channel alterations and no removal of vegetation unless consented to in writing by the Chief Executive Officer.

The applicant/owner must obtain any necessary approvals from the Department of Natural Resources and Mines for carrying out works in a watercourse.

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Lawful Point of Discharge

18. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Stormwater Detention

19. The applicant/owner must be required to implement stormwater detention measures to ensure that peak flows from all stormwater events of average recurrence interval (ARI) from 1 to 100 years are limited to flows emanating from the property to ensure a no worsening effect on upstream or downstream properties.

Plan of Drainage Works

20. The subject land must be drained to the satisfaction of the Chief Executive Officer. In particular,

a. Drainage infrastructure in accordance with the FNQROC Development Manual

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

iii. The design of the SQID shall not compromise the hydraulic performance of the overall drainage system.

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iv. SQIDs shall be positioned so as to provide appropriate access for maintenance equipment.

c. All new allotments shall have immunity from flooding associated with an ARI 100 year rainfall event. Any areas within the proposed residential lots below the 100 year ARI as determined by the Hydraulic modelling referred to in accordance with Condition 14c, of the Court Order dated 30 July 2003 in relation to P&E Appeal 306 of 2003 and submitted as part of the application for this approval, report titled Flood Impact Assessment, Redlynch Valley Estate, Freshwater Creek, Cairns, by Lawson and Treloar dated October 2004, are to be encumbered by a covenant restricting construction of buildings or filling in the covenant area; and

d. All new allotments must drain towards their respective roadway frontage.

Sediment and Erosion Control

21. The applicant/owner must submit a sediment and erosion control plan prior the issue of a Development Permit for Operational Works. Such plans must be endorsed to the satisfaction of the Chief Executive Officer and be installed/implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and Council's Development Manual).

Installation Of SWM Measures

22. The soil and water management measures endorsed by the Chief Executive Officer must be installed/implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Existing Services

23. The applicant is to provide written confirmation of the location of the existing services for the subject land. In any instance where the existing services are contained within another lot, then the applicant shall either:

a. Relocate the services to comply with this requirement; or

b. Arrange the registration of the necessary easements over the services which are located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the Lot.

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Electricity and Telecommunications

24. The applicant/owner must provide written evidence of negotiations with the electricity and telecommunications authorities stating that services will be provided to the development. Such evidence to be provided prior to the approval and dating of the Plan of Survey.

CONCURRENCE AGENCY CONDITIONS

Department of Natural Resources and Mines

1. Any infrastructure associated with the reconfiguration, including park furniture, is not to be located within 20 metres of remnant vegetation.

ADVICE

2. Current requirements and estimates of headworks contributions may change when elements of the Cairns City Council Priority Infrastructure Plan (PIP) are adopted.

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

CONCURRENCE AGENCY ADVICE

Department of Natural Resources and Mines

1. Aboriginal Cultural Heritage

Under Section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). Maximum penalties for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual.

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Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in compliance with the cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on the Department's website, or in accordance with an agreement with the Aboriginal party for the area or a cultural management plan approved under part 7 of the Aboriginal Cultural Heritage Act 2003.

Applicants should also undertake a search of the Aboriginal Cultural heritage Database and the Aboriginal Cultural Heritage Register, administrated by the Cultural Heritage Coordination Unit, Department of Natural Resources and Mines. Application forms to undertake a free search of the Cultural Heritage Register and the Database may be obtained by contacting the Cultural Heritage Coordination Unit or on (07) 323 83838 or on the Department's website www.nrm.qld.gov.au/cultural_heritage.

EXECUTIVE SUMMARY:

An approval was issued under the Transitional Planning Scheme for the Balance of the City of Cairns for the residential development of the land by the Court Order dated 30 July 2004 in relation to Planning and Environment Appeal 306 of 2003. The Order had regard to Stages 13-17 of the Redlynch Valley Estate. Development Permit 8/13/854 was approved by Council at the Planning and Environment Committee Meeting held on 10 February 2005 for the reconfiguration of a lot for Stage 13. Application is now made for the Reconfiguration of a Lot to create 124 residential lots (associated with stages 14 to 17 inclusive) a park lot and a balance lot. The report recommends the application be approved subject to conditions.

TOWN PLANNING CONSIDERATIONS:

Background

Under the Transitional Planning Scheme for the Balance of the City of Cairns the land was zoned Special Facilities (Generally in accordance with Plan of Development No. 4923-67 Sheet 1 Issue C dated 30 January 1996 and Sheet 2 Issue B dated 17 January 1996) Zone, a reflection of the existing approvals for the adjoining Redlynch Valley Estate. Application was made in 2003 for the Material Change of Use to facilitate use of the northern and southern development areas for Residential 1 purposes with minimum lot sizes of 600m2. The application was approved by the Court Order dated 30 July 2004 in relation to Planning and Environment Appeal 306 of 2003 and this allowed for the residential development of the land subject to conditions (including Stages 13-17) to be developed in the southern section of the Estate. This Order essentially sets up the planning framework for the subsequent reconfiguration. Council had raised considerable concern regarding the effect of fill for the proposed residential lots on the flood capacity of Freshwater Creek. A condition of the Order required the applicant to submit a Hydraulic Study to ensure that there would be no adverse impacts resulting from the development.

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Application for reconfiguration 8/13/854 was lodged late last year for the reconfiguration of L998 to provide for Stage 13. The applicant submitted the Hydraulic Study, undertaken for the applicant by Lawson & Treloar Pty Ltd. Council requested Connell Wagner, Brisbane, to undertake the peer review of the submitted Lawson & Treloar study. The study recommended a cut and fill solution whereby the lots would be filled to achieve Q100 flood immunity and the area adjacent to the Creek, the future parkland, would be cut to mitigate the impact of the fill and to ensure no worsening effect on downstream and surrounding properties. Connell Wagner raised issue with the study which was then amended and found acceptable. When Council approved the Reconfiguration of a Lot application, it also approved the Hydraulic Study. A conceptual diagram of the cut and fill approach is contained in Appendix 2 and the areas where this is to occur is between chainages 3220 and 4315. These points can be identified on the plan contained in Appendix 3.

Proposal

Application is made for the reconfiguration to create 124 residential lots, as comprising Stages 14-17 inclusive of the Redlynch Valley Estate, the creation of a park lot (for active recreation) and a balance lot, in which the remaining park area lies.

CairnsPlan

Assessment Against Cairns Plan Codes

Planning Area Codes

Part of the land is included in the Rural 1 Planning Area and part within the Open Space Planning Area.

The proposed plan for Stages 4 to 17 reflects the design layout in the Court Order approval. As detailed in Appendix 3 the area of proposed cut and fill works are within the northern section of the Estate and no works are adjacent to Stages 14-17.

Overlay Codes:

Bushfire Management Code

The proposed lots are sited away from the Hillslopes and natural vegetation areas, other than those adjacent to Freshwater Creek. All lots will be connected to Council's water supply. The proposed reconfiguration is an expected form of development. The proposal fully complies with the Performance Criteria of the Code.

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Flood Management Code

Hydraulic modelling has previously been received. No residential lots are intended in the flood plain in this reach of Freshwater Creek. A very minor area of road, connecting to Gamburra Drive at the northwest section of the proposed residential area, is sited outside this existing Q100 line. Should fill occur in this area, when undertaking Operational Works, then the as-constructed levels will need to be included in the MIKE11 Cross Sections and the Hydraulic Study accordingly revised. A condition of the approval reflects this requirement.

Hillslopes Code

Stages 14 to 17 are not included in the overlay areas. The proposal fully complies with the Performance Criteria of the Code.

Vegetation Conservation and Waterway Significance Code

A detailed analysis of the vegetation was undertaken at the previous development application stage and was considered in the Court Order approval. The development complies with the Order and in this regard the Performance Criteria of the Code are considered to be satisfactorily complied with.

General Codes:

Excavation and Filling Code

No filling is anticipated in the Q100 flood plain. Any filling that does occur will require modification of the Hydraulic study. The development complies with the Order and in this regard the Performance Criteria of the Code are considered to be satisfactorily complied with.

Infrastructure Works Code

All residential lots can connect to Council's water and sewer headworks. A condition of approval requires the applicant to gain connection to telecommunications and electricity supplies. The development complies with the Order and in this regard the Performance Criteria of the Code are considered to be satisfactorily complied with.

Landscaping Code

A condition of the approval requires street landscaping. The development complies with the Order and in this regard the Performance Criteria of the Code are considered to be satisfactorily complied with.

Parking and Access Code

All street have a minimum road width of 14 metres. The development complies with the Order and in this regard the Performance Criteria of the Code are considered to be satisfactorily complied with.

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Reconfiguration of a Lot Code

All lots have a minimum area of 600m2. The development complies with the Order and in this regard the Performance Criteria of the Code are considered to be satisfactorily complied with.

HEADWORKS / CONTRIBUTIONS:

Element Comment Calculation Contribution Water Supply District 9: $3,982.93/ERA 122.70 ERA x $488,704.98 Proposed Demand: $3,982.93/ERA 124 Residential Lots : 124.0 ERA Less Credit for Existing Lots: 1.30 ERA Net Demand: 122.70 ERA Wastewater District 23: $4,432.10/ERA 123.0 ERA x $545,148.82 Management Proposed Demand: $4,432.10/ERA 124 Residential Lots : 124.0 ERA Less Credit for Existing Lots: 1.0 ERA Net Demand: 123.0 ERA Drainage Catchment: Freshwater Creek Land Area: 29.1774 Ha 29.1774 x $36,931.74 Stream Mitigation: $1,265.77/Ha $1,265.77/Ha Water Quality: 29.1774 x $23,977.82 $821.79/Ha $821.79/Ha

Traffic District: Redlynch:$2,167.16 123.0 ERA x $266,560.74 Proposed Demand: $2,167.16 124 Residential Lots : 124.0 ERA Less Credit for Existing Lots: 1.0 ERA Net Demand: 123.0 ERA Community Provided as park, as per the requirement of the No contributions Nil Purpose Court order sought

It is noted that a plan was submitted indicating a basketball court in the Active Park area. A copy of the plan is contained in Appendix 4. No facilities are required and the provision of park, as required by the Court order exceeds 10% of the area of developable land. The basketball Court is indicative only. Should Council undertake to construct and provide this facility, levelling of the land within the floodplain would be necessary and amendments to the Hydraulic Study would be necessary to ensure the proposed works do not have an adverse affect on downstream properties.

Jenny Elphinstone Senior Planning Officer Action Officer

Simon Clarke Manager City Assessment

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APPENDIX 1 – PROPOSED LAYOUT PLANS

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APPENDIX 2 – CONCEPTUAL CUT & FILL PROFILE

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APPENDIX 3 – LOCATION OF HYDRAULIC WORKS PLAN

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APPENDIX 4 – PROPOSED ACTIVE PARK AND RECREATIONAL FACILITY

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ORDINARY MEETING 18 27 OCTOBER 2005

REQUEST FOR SUPERSEDED PLANNING SCHEME CONSIDERATION – MULTI UNIT HOUSING (10 X 2 BEDROOM UNITS) – 12-14 OLD SMITHFIELD ROAD, FRESHWATER – DIVISION 9

Rohan Lee: 8/35/11-01: #1066543

PROPOSAL: REQUEST FOR SUPERSEDED PLANNING SCHEME CONSIDERATION - MULTI UNIT HOUSING (10 X 2 BEDROOM UNITS)

APPLICANT: TONY DRISCOLL 13 KEIRLE AVENUE WHITFIELD QLD 4870

LOCATION: 12-14 OLD SMITHFIELD ROAD FRESHWATER QLD 4870

PROPERTY: LOT 8 & 9 ON RP713398 PARISH OF CAIRNS

PLANNING DISTRICT: FRESHWATER – STRATFORD - AEROGLEN

PLANNING AREA: RESIDENTIAL 3

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS – CONCURRENCE AGENCY (NOT APPLICABLE AT THIS STAGE)

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: 9 NOVEMBER 2005

DIVISION: 9

APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

CLOSE CANOPY

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L E D E

S R AD M T BARRONBARRON S BARRONBBARRONARRONO I T R H

F N I E A G

L G R D Lots 8 & 9 on RP713398 I E F R M F D LEE I S ad T T H o R R E JAN E

n E ST io S T ct T AD ne RO D n O CNo W dIO N CoTr Etf L NtrNa C C OS FRFRESHWATERFRESHWATERESHWATER S C T D A R L S EE IE S T O N F W H A C T A I R G O Y M E R S M K

I L L d a o S R IM O Freshw ater State School ld N e fi th ET i RE m T S S D L ld O M S O E T R R R Y E B E R T O O K ET RE ST S S T TR R EE E T

T RECOMMENDATION:

That in accordance with the provisions of Section 3.2.5(1)(a) of the Integrated Planning Act 1997, Council issue an Acknowledgement Notice to Tony Driscoll – Designer for the Tropics, advising that development of 12-14 Old Smithfield Road, more particularly described as Lot 8 and 9 on RP713398, Parish of Cairns, for the use of Multi Unit Housing (Multiple Dwellings) may proceed as if the development were to be carried out under the Superseded Planning Scheme for the Balance of the City of Cairns and that there is no need to obtain a Development Permit for the use. The applicant/owner must comply with relevant sections of the Superseded Planning Scheme including, but not limited to Part D Section 1.0 – General Development Provisions and Part D Section 2.0 – Provisions Applying to Multiple Dwellings and Integrated Development.

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ADVICE

1. In accordance with the provisions of Section 3.2.5(5) of the Integrated Planning Act 1997 development of the site for the proposed use must take place within 4 years from the date of the Acknowledgement Notice.

EXECUTIVE SUMMARY:

Council is in receipt of a request to consider a proposed development under the superseded Planning Scheme for the Balance of the City of Cairns. The application has been made to facilitate the establishment of Multi Unit Housing (10 x 2 Bedroom Units) at 12-14 Old Smithfield Road, Freshwater, more particularly described as Lot 8 and Lot 9 on RP713398, Parish of Cairns.

It is recommended that the applicant be sent an Acknowledgement Notice advising that development of 12-14 Old Smithfield Road for the use of Multi Unit Housing may proceed as if the development were to be carried out under the Superseded Planning Scheme for the Balance of the City of Cairns and that there is no need to obtain a Development Permit for the use.

TOWN PLANNING CONSIDERATIONS:

Background

Council received a request for an application to be assessed under the Superseded Planing Scheme on 9 September 2005. This application was not ‘properly made’ as defined in the Integrated Planning Act 1997. The application was deemed to be properly made on 28 September 2005 upon receipt of landowner’s consent for the application.

Proposal

The proposed development involves the establishment of 10 x 2 Bedroom Units on a vacant allotment located at 12-14 Old Smithfield Road, Freshwater. The proposed units will be located in two buildings, each with 5 x 2 storey town houses. The proposed development will include 18 car parking spaces, with 10 covered spaces to be provided along with 8 visitor car parking spaces. Each unit will be allotted with private courtyards, with a communal landscaped open space area included at the front boundary of the site. The communal landscaped open space area includes a pool with a barbeque area.

Superseded Planning Scheme for Balance of the City of Cairns

The subject site is located within the former Mulgrave Shire local government area and is affected by the Superseded Planning Scheme for the Balance of the City of Cairns. Under the Balance Scheme, the subject site was zoned Residential 3.

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Multiple Dwellings (Maximum 2 Storeys) were ‘Permitted Development’ (Self Assessable Use) in the Residential 3 zone and the proposed use could proceed without Planning approval provided basic provisions such as car parking, height of building, private open space and landscaping could be met.

In terms of the applicable provisions of the Balance Scheme, a summary is provided below.

Impact of Proposal

Planning Scheme Requirement Proposed Development Compliance Car parking: 10 covered spaces Complies 1 covered space per unit (10) 7 uncovered spaces – 1 uncovered space per 2 units (5) 1 wash bay. 1 vehicle washing space. (1) Maximum site coverage 50% Approximately 44% (759m2). Complies Maximum building height of 11.5m 5.6 metres Complies Maximum site population density: 200 30 persons Complies persons per hectare (34 persons) Minimum building setback of 6 Minimum 9.5m provided. Complies metres Minimum side setback of 1 metre 2.8 metres to Side boundaries Complies plus 0.3 metres for every metre wall (1.5 metre required) is over 3.6 metres. 3.0 metres to Rear boundary (1.5 metres required) Minimum private open space: Each unit has an area of between Complies An area at ground level of 40m2 with 40m2 and 69m2 including 25m2 (min. dimension 3m) off a living courtyards and balconies. room OR A balcony conveniently accessible from a living room of the dwelling, having an area of 8m2 with a width of 1.6m.

The proposal demonstrates compliance with the Self Assessable provisions relating to Multiple Dwellings under the Superseded Planning Scheme for the Balance of the City of Cairns.

CairnsPlan

Under CairnsPlan the proposed land use is defined as Multi Unit Housing (10 x 2 Bedroom Units). The subject site is included in Residential 3 Planning Area of the Freshwater – Stratford – Aeroglen Planning District.

The District Assessment table for this District lists Multi Unit Housing as a Code Assessable Use within the Residential 3 Planning Area.

The site is affected by the following CairnsPlan Overlays:

• Potential or Actual Acid Sulphate Soil Material Overlay (<20m AHD); • Bushfire Risk Analysis Overlay (Medium Risk Hazard); • Obstacle Limitation Surfaces Overlay (46m AHD); and • Bird and Bat Strike Hazards Overlay (Area 2).

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The proposed development complies with the relevant Codes of the above Overlays triggered by the proposal.

Impact of Proposal

Planning Scheme Provisions Proposed Development Compliance Desired Environmental Outcomes Intent of Planning Area – The proposed development furthers Complies Residential 3 the intent of the Residential 3 Planning Area to facilitate residential development. Intent of Structure Plan – In accordance with the Strategic Complies Urban intent of the Urban designation of the Structure Plan.

Multi Unit Housing Code Minimum Site Area – Site has an area of 1728m2. Complies 800m2

Minimum Road Frontage – Site has a road frontage of 37m. Complies 15m Maximum Height of Building – Proposal is for 5.6m building with 2 Complies 13m storeys. Front Setback – Front Setback 9.5m Complies 6m Side and Rear Setbacks – Side Setbacks – 2.8m Complies 2m Rear Setback – 3.0m Site Coverage – 41% Complies 42% with Site Coverage exclusion 10 or more Units – Pool and BBQ Area provided. Complies Communal Landscaped Open Space Area Landscaped Area – 48% of site to be landscaped. Complies 35% Minimum 1m planted buffer Visitor car parking area at the rear Does not comply adjacent to vehicle movement or of the site does not contain a 1m parking area. planted buffer.

Parking and Access Code Car parking – 18 car parking spaces provided. Does not comply – 1.75 spaces per unit See comments below 1 wash down bay. 18.5 car parking spaces required (10 required to be roofed).

Vehicle Parking Numbers

The proposed development is 0.5 car spaces short based on CairnsPlan calculations. No concern is raised at officer level, as the car parking includes 1.75 car parking spaces per unit and 0.5 spaces for a vehicle wash bay. If the proposal were 0.5 car parking spaces short without the provision of the vehicle wash bay, the extra car parking space would need to be provided by the applicant.

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Planted Buffer

The proposed development does not offer a planted buffer adjacent to the visitor car parking area. However, the applicant is likely to provide a 1.8 metre high fence to the rear boundary of the subject site. No concern is raised with the proposal not to provide this landscaped buffer.

HEADWORKS / CONTRIBUTIONS:

The proposed development will not trigger any Headworks if it is assessed against the Headworks Policy associated with the Superseded Planning Scheme for the Balance of the City of Cairns.

If the proposed development was assessed against the Trunk Infrastructure Contributions Policy associated with CairnsPlan, infrastructure contributions could be collected for Stormwater Quality. At the time of this report, this proposal would generate $855.28 (0.2586 ECAs) for Stormwater Quality.

SUMMARY:

The proposed use of the vacant land on Old Smithfield Road presents an acceptable use for the site. The proposal complies with both the Superseded Planning Scheme for the Balance of the City of Cairns and CairnsPlan. The case for allowing this application to be assessed against the Superseded Planning Scheme is one where an application for Code Assessment against CairnsPlan may take between 4-6 weeks to complete. There is no fundamental shift in the requirements of either the current or the Superseded Planning Scheme and due to this, the recommendation to Council is that the applicant be advised that the development be permitted to proceed as if it were assessed under the Superseded Planning Scheme.

Rohan Lee Planning Officer Action Officer

Simon Clarke Manager City Assessment

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Appendix 1

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ORDINARY MEETING 19 27 OCTOBER 2005

REQUEST TO CONSIDER ALTERNATIVE ACCEPTABLE MEASURE – PRELIMINARY APPROVAL – STONEY CREEK ROAD, KAMERUNGA – DIVISION 12

Peter Boyd: 8/7/304-01 : #1074888

PROPOSAL: REQUEST TO CONSIDER ALTERNATIVE ACCEPTABLE MEASURE (HEIGHT AND FRONT SETBACK)

APPLICANT: THOMAS LONG 19 DOUGLAS TRACK ROAD KAMERUNGA QLD 4870

LOCATION: STONEY CREEK ROAD KAMERUNGA QLD 4870

PROPERTY: LOT 2 ON RP804192 PARISH OF CAIRNS

PLANNING DISTRICT: REDLYNCH VALLEY

PLANNING AREA: RESIDENTIAL 1

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: NONE APPLICABLE

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: NONE APPLICABLE

DIVISION: 12

APPENDIX: 1. SITE LAYOUT PLAN AND ELEVATIONS 2. PHOTO INDICATING CARRIAGEWAY AND SITE

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LOCALITY PLAN

Subject Site

RECOMMENDATION:

That Council resolve that the plans attached as Appendix 1, being Drawing No. 0503LONG Sheets 1-14 dated July 2005 prepared by Valdmadre Development Consultants, for the construction of a House on land described as Lot 2 on RP804192, Parish of Smithfield, located at Stoney Creek Road, Kamerunga demonstrate compliance with the Performance Criteria for the Residential 1 Code, Hillslopes Code and the House Code in CairnsPlan.

ADVICE

1. The applicant/owner is advised that a Development Permit for Building Works is required, as this decision does not approve the construction of the House.

2. The applicant/owner is advised that the proposed access location is not approved as part of this assessment. An approval for on street works is required in accordance with Council’s Local Law 22.

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3. The applicant/owner is advised that there may be problems with the proposed development being able to connect to Council sewer due to the height difference between the development and the sewer main. The applicant is advised to Contact Cairns Water on 4044 8200 for further information.

EXECUTIVE SUMMARY:

Council is in receipt of a request to consider an alternative acceptable measure relating to building height and the front boundary setback associated with the construction of a Dual Occupancy at Lot 2 Stoney Creek Road, Kamerunga. The applicant has requested a height of 11 metres from the natural ground level on the northern outlook and a reduced front boundary setback to 2.2 metres (corner of entry deck).

The subject site is currently included in the Residential 1 Planning Area in CairnsPlan and is included in Category 1 (Urban) designation in the Hillslopes Overlay. The height identified in the permitted measures in the Residential 1 Planning Area Code is 7.5 metres and the front boundary setback identified in the House Code is 6 metres.

Having regard to the slope of the subject land and the design of the proposed dwelling, it is considered at Council Officer level that the proposed design satisfies the Performance Criteria for the House Code, Hillslopes Code and the Residential 1 Planning Area Code and is recommended for approval.

TOWN PLANNING CONSIDERATIONS:

Proposal

The proposed development is for a Dual Occupancy, which is self-assessable as Council approved a request to have an application assessed under the Superseded Planning Scheme at its meeting on 26 May 2005. The applicant has requested that Council allow a maximum height of 11 metres and reduced front boundary setback to 2.2 metres.

The proposed development is of a ‘post and beam’ construction that will result in reduced site disturbance when compared to other construction methods. The height of the development when viewed from Stoney Creek Road complies with the 7.5 metre maximum (5.5 metres high on this aspect). The portion of the development that exceeds the 7.5 metre height is located on the northern aspect of the development and is screened from the adjoining property to the north by the vegetation along Stoney Creek.

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The reduced front boundary setback is required as the site slopes from the front boundary down to Stoney Creek. Should the applicant be required to provide a 6 metre setback, the development would result in a much higher built form on the northern aspect. The applicant has designed the development with regard given to the existing easements and slope of the site. The setback to the garage varies from 4.6 metres to 3.2 metres. It should be noted that the carriageway of Stoney Creek in front of the subject site is located approximately 3 metres above the proposed lower floor level. A photo indicating the height difference is attached as Appendix 2.

Access to the site will be via a crossover from Stoney Creek Road. The alignment of the crossover has not been assessed as part of this application as it will be assessed as an application for on-street works. This crossover will be of a substantial length, as the site cannot be accessed ‘directly’ from Stoney Creek Road.

Impact of Proposal

When considering the design of the proposed development, and the possible impact that the increase in height will have on the adjoining lots and the inability to view the increased height from the surrounding locality, the proposed development is likely to have minimal impacts.

The applicant’s request is supported on the following grounds:-

1. The proposed dwelling design does not necessitate significant earthworks on the site.

2. The construction materials are proposed to be of a lightweight post and beam type that will reduce site works required.

3. The increased height will not be visible from the surrounding locality due to the siting and retention of vegetation.

Having regard to above, the request is recommended for approval.

Peter Boyd Planning Officer Action Officer

Simon Clarke Manager City Assessment

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APPENDIX 1

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APPENDIX 2

Carriageway

Site

Carriageway

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ORDINARY MEETING 20 27 OCTOBER 2005

EAST WOREE DEVELOPMENT STRATEGY – PROPOSED EXTRA WORK

Brad Finegan:bf : 8/10/4-01: #1080210v1

RECOMMENDATION:

1. It is recommended that Council approve additional expenditure of $127,600 for 2005/06 capital works at East Woree including:

• Fencing • Telstra cable relocation • Water main relocation • Ergon power pole relocation • Project administration • Extra shoulder sealing and kerbing and channelling to western side of Maconachie Street adjacent to Lot 52 C19830.

and that this amount be sourced from reassigned 2005/06 capital works project priorities in the next budget review.

2. That Officers from Development Engineering Section negotiate responsibility for payment for the extra shoulder sealing and kerb and channel works with the owner of Lot 52 C19830.

INTRODUCTION:

Council has previously approved the construction of infrastructure at the corner of Maconachie Street and Jackson Drive, East Woree. Since the original scope was approved, several variations have become apparent that are necessary for successful completion of the project. There is also an optional variation that may provide long term efficiency if constructed as part of the current project.

The aim of this report is to provide the information to allow Council to decide on each of the proposed variations.

BACKGROUND:

In the Ordinary Meeting of 28 April 2005 item 13, Council approved the construction of infrastructure at the corner of Maconachie Street and Jackson Drive, East Woree. The scope of this approved work included:

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• Roadworks and associated stormwater drainage. • Water reticulation. • Sewer reticulation.

Council agreed that CEC Constructions Pty Ltd would construct the project, because CEC Constructions Pty Ltd were the developer of the adjacent property.

COMMENT:

Necessary Variations

Some of the proposed variations are resulting from latent conditions and are necessary for the successful completion of the project. These variations are:

• Fencing ($1,600.00) – there is insufficient room in the road reserve for the gravity sewer in front of Lot 52. The sewer needs to be relocated to private property. As part of this work, the existing fence needs to be demolished and reinstated.

• Telstra cable relocation ($12,000.00) – the existing 30 pair Telstra cable does not follow a direct path down the road reserve. During the construction process it was discovered that the existing cable strayed into the path of the new water main. This cable requires relocation, and under the Commonwealth communications act, Council has the responsibility to pay for the relocation.

• Water main relocation ($2000.00) – there was insufficient cover between the existing water main and a new culvert. The water main needed lowering under the new culvert.

• Ergon pole relocation ($17,000.00) – under the FNQROC Development Manual, the Principal is responsible for relocating services.

• Project administration ($45,000.00) – the April report only allowed for the contract amount, which did not include project administration. This constitutes 4.5% of the total project value.

Optional variation

One proposed variation is optional. If constructed as part of the current project while the construction crew is established on site, it should provide a cost saving in the long term. The proposed variation involves the sealing of the shoulder and installing kerb and channel along about 250 metres at the frontage of Lot 52. The cost of this proposed variation is $50,000.00.

Lot 52 is not yet developed, however the owner is considering submitting a development application soon. The property owner has advised that if Council agrees to do the work, he will enter negotiations for sharing the cost of the $50,000.00. Alternatively, the work could be taken as a credit to Council on the developer’s contribution towards the East Woree Development Strategy. These details will be finalised by the Development Engineering section if Council agrees to construct this work.

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CONSIDERATIONS:

Corporate and Operational Plans:

The proposed variations link to Future Cairns under section 7.5 – “An expanded and enhanced public infrastructure and service base that offers greater support for the growing economy.

Statutory:

Cairns Plan

Policy:

The works will be provided in accordance with Council’s policy for the East Woree Development Strategy and Water and Sewer Headworks Policy.

Financial:

A detailed costing report is attached. A summary of the cost of the infrastructure project (before these proposed variations are added) is:

City Works and Services portion $477,576.00 Cairns Water portion $343,508.00 Developer’s contribution $103,497.00

Total current value of works (excluding GST) $924,581.00

The cost of the proposed necessary variations is:

Fencing $1.600.00 Telstra Cable Relocation $12,000.00 Water Main Relocation $2,000.00 Ergon Pole Relocations $17,000.00 Project Administration $45,000.00

Total of Necessary Variations $77,600.00

The cost of the proposed optional variation is:

Roadworks and Kerb and Channel $50,000.00

Total proposed variation cost (excluding $127,600.00 GST)

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As stated above, this amount may be reduced, depending on the outcome of negotiations between the Development Engineering section and the owner of Lot 52.

Risks

• There is a risk that the necessary funds may come from more needy budget areas. This can be mitigated by judicious reallocation of funding in the upcoming November budget review.

Sustainability:

The East Woree area is a developing industrial area. Works in this area will contribute to the ease of development of the area, and hence the economy of Cairns.

Maconachie Street is a part of the new access to the Cairns Golf Club. The improvement of this link by shoulder sealing and installing kerbing will help make the link more attractive to residents and visitors alike.

As such, these works will help encourage and facilitate environmentally sustainable economic, social and cultural development and prosperity for Cairns.

CONSULTATION:

Consultation to date has occurred between CEC Constructions Pty Ltd (the constructor) and the owner of Lot 52 (Mr Steven Sercombe).

OPTIONS:

The following options are identified:

• Approve no variations – this would cause failure of the project.

• Approve necessary variations only – the project would succeed, but an opportunity to aid development would be lost.

• Approve all variations – this is the recommended option.

CONCLUSION:

The necessary variations should be approved, as the project would fail if they weren’t. The optional variation will probably bring benefits to Council in excess of the cost of the works. As such, it is recommended that all variations be approved.

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ATTACHMENTS:

#1080615 - Plan of proposed optional works – shoulder sealing and kerb and channel in front of Lot 52.

#1069264 - Original Costings for Infrastructure Project with proposed variations included at the end of the document.

BRAD FINEGAN Manager Project Services

JOHN HAWKES General Manager City Works and Services

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ORDINARY MEETING 21 27 OCTOBER 2005

COMMERCIAL ACTIVITIES – FRUIT STALL CITY PLACE

Steve Booker: 1/58/10-02: 1075179

RECOMMENDATION:

It is recommended that Council resolve not to re-new the 3-month trial hire agreement for the fruit stall in City Place, which includes the sale of fruit juice, when the hire agreement expires on 31 October 2005.

INTRODUCTION:

A trial of commercial fruit and fruit juice retailer has been carried out in City Place as a part of the City Place Markets. This trial was approved for a three-month period from 1 August 2005 to 31 October 2005. Any renewal of the hire agreement was to be subject to Council approval.

BACKGROUND:

Negotiations for a mobile fresh whole fruit stall joining Council organised markets were initiated with persons acting on behalf of Mr Phillipe Conti in April 2005. An initial approval, subject to conditions being met, was given for the fresh whole fruit stall to participate in the City Place markets on a Monday to Friday basis, and to participate in the Esplanade Markets on Saturdays.

The trial was to have started on July 1st 2005, however there were a series of delays in the construction of the mobile fruit stall. In addition, on 19 July 2005 Council resolved that no food products would be allowed in the Esplanade Markets. Mr Conti was subsequently advised the trial could only proceed in City Place.

At this time Mr Conti advised he intended to include fresh fruit juices in the stall, and believing this to be acceptable, had fitted out the mobile stall for this purpose.

Despite complaints from a business close to the site of the stall, a determination was made that the trial of the fruit stall for 3 months would continue, and the addition of freshly produced fruit juice would also be allowed as part of the trial.

A letter was sent to Mr. Conti on 19 September 2005 advising Council has received several complaints regarding the sale of fruit juice from the stall from other established retailers in the City Place area who were concerned the stall operation was impacting on their own businesses. It was reiterated to him the terms of the trial and that it would expire on 31 October 2005.

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Mr. Conti was further advised in the letter that if he wished to apply to Council to extend the stall operation beyond the agreed current three (3) month trial period, a report would go to Council seeking a resolution on the matter.

On 7 October 2005 Council received a written objection regarding the fruit stall from a neighbouring commercial food shop.

COMMENT:

Although the fruit stall has had a positive impact in the City Place mall, being well presented and colourful it has generated complaints from other sellers of fresh fruit juices concerned that the fruit stall is in direct competition.

The fruit stall owner Mr. Conti, had been advised early in negotiations that the hire agreement was a 3-month trial only and any disruptions caused by the trial would result in the arrangement being discontinued. The period of the hire agreement is stated in the document signed by him.

The fruit stall operates using a Council Esplanade marquee, as it is part of Council’s City Place Markets program. Council’s intention is to attract people to the City Place pedestrian mall with markets that are unique in approach creating a clear differentiation with other established retailers. Allowing market activity that generates conflict with established retailers in the area is not conducive to Council’s objectives of working cooperatively to develop the area and should not be supported.

This issue has highlighted that the trial of the sale of food from the City Place Markets has proved to be incompatible with Council’s aims in the location and should not continue in order to minimise conflict with existing retailers in the City Place area.

The fruit stall operator has a hire agreement as an approval to conduct an activity in a pedestrian mall in accordance with Local Law No.1 (Administration) 6. (1) (a), for three (3) months from 1 August 2005. The hire agreement will terminate on 31 October 2005 in accordance with Local Law 1 (Administration) 12. (1).

As the trial of the fruit stall has shown the City Place location to be unsuitable it is proposed that the 3-month trial hire agreement, for a fresh whole fruit stall is not renewed after it expires on 31 October 2005.

As the trial of the sale of fruit and fruit juice from the City Place market stalls has proved unsuccessful it is further proposed that the sale of food from the City Place markets is not permitted in future.

The terms and conditions associated with the City Place Stall Holder Application have been amended to make it clear the distribution of prepared food is not permitted from the City Place market stalls. This is consistent with the long term management of stalls in City Place.

Sale of food and drink for fund raising or events in City Place can be managed via the issue of a specific separate licence.

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A copy of the amended City Place Stall Holder Application with the terms and conditions is attached.

CONSIDERATIONS:

Corporate and Operational Plans:

The Operational Plan 2005/2006 Level of Service requirements for City Place includes the initiative to:

• Review and Redevelop City Place Markets

Statutory:

Approval for the 3-month trial was issued under Cairns City Council Local Law 7 (Pedestrian Malls).

Policy:

City Place market stalls are subject to hire agreement conditions that stipulate all items for sale must be demonstrated to be locally hand made art and craft, as was resolved by Council in the initial implementation of the Markets. No items are allowed to be sold in City Place that is sold commercially elsewhere in the CBD.

To avoid future problems it is considered appropriate that the relevant local laws be reviewed and amended where necessary.

Financial

The 3-month trial was subject to an initial Council $100 fee and a further $2790.00 per calendar month. This fee is less than would have been applicable under the fees and charges schedule, but as the activity was a trial to assess viability, concessions on the fees were given to the operator.

CONSULTATION:

Consultation has taken place with the fruit stall owner.

OPTIONS:

1. Council resolve to allow the fruit stall only (without the sale of fruit juices) in City Place to continue to operate under a further 3-month trial arrangement after 31 October 2005 subject to the specific condition that only the sale of fresh whole fruit is permitted.

2. Council resolve to not allow the fruit stall in City Place to continue to operate after 31 October 2005.

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3. Council resolve to allow the fruit stall in City Place to continue to operate including the sale of fresh whole fruit and fresh fruit juice after 31 October 2005.

CONCLUSION:

Council should resolve not re-new the 3-month trial hire agreement for the sale of fruit or fruit juice from the fruit stall in City Place when the hire agreement expires on 31 October 2005 due to the trial demonstrating the proposal has not been successful.

In order ensure the sale of food from the City Place Market stalls is not permitted in the future the terms and conditions associated with the City Place Stall Holder Application has been amended to make it clear the sale of food is not permitted from the City Place market stalls. A copy of the amended City Place Stallholder Application hire agreement with conditions is attached.

If Council is disposed to continue with operation of the fruit stall in the City Place the City Place Stall Holder Application Terms and Conditions form will need to be amended to allow this activity.

Sale of food for short intervals in the City Place associated with fundraising or events such as Chinese New Year or Rotary Club will be administered by a separate licence via the; Application for Venue Hire Licence in Inner City Precincts (Doc # 632710).

ATTACHMENTS:

City Place Stallholder Application with terms and Conditions (Amended)

Tony Duffy Manager Precincts and Facilities

John Hawkes General Manager City Works and Services

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ORDINARY MEETING 22 27 OCTOBER 2005

RESPONSE TO DEPARTMENT OF TOURISM, FAIR TRADING AND WINE INDUSTRY DEVELOPMENT – LIQUOR LICENSING DIVISION – NEW APPLICATIONS

Kelly Barnes: 8/20/6-03: #1079350

RECOMMENDATION:

That the applicant and the Department of Tourism, Fair Trading and Wine Industry Development be advised for the following comments:

1. Bel Paese

Council has no objection to the proposed On Premises (Meals) Licence for Bel Paese Restaurant, located at Shop 2, 45 Spence Street, Cairns and described as Lot 2 on RP736455, Parish of Cairns.

2. Ellis Beach Bar & Grill

Council does not support the proposal for Variation of Licence on the grounds that ‘the amenity, quiet or order of the locality concerned would be lessened in some way’. The fact evidence or reasons for objections are as follows:

a. Due to the vicinity of the hotel and the holiday accommodation in the area, there are concerns about the appropriateness of having loud music on the premises;

b. Given that accommodation uses are located close to the subject site, further assessment or possible impacts on surrounding uses and activities would be required, including consultation with adjacent premises/operators;

c. Council has not received a copy of a report from a qualified acoustic consultant in correspondence received relating to the Variation of Licence; and

d. Details of the position of outdoor speakers have not been detailed in correspondence received relating to the Variation of Licence application.

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INTRODUCTION:

The Department of Tourism, Fair Trading and Wine Industry Development – Liquor Licensing Division has written to Council seeking comment from Council on matters involving Liquor Licenses. The applications are for premises located at:

1. Bel Paese, Cairns (On Premises (Meals) Licence);

2. Ellis Beach Bar ‘N’ Grill, Ellis Beach (Variation to Licence).

Council now has the opportunity to submit comments to the Liquor Licensing Division.

TOWN PLANNING CONSIDERATIONS:

Bel Paese Restaurant

An application for an On Premises (Meals) Licence has been applied for at Bel Paese Restaurant, located at Shop 2, 45 Spence Street, Cairns and described as Lot 2 on RP736455, Parish of Cairns. The Notice of Application is attached as Attachment 1.

Should this licence be granted it would enable the holder thereof to sell liquor for consumption on the premises used for the primary purpose of eating meals prepared and served to be eaten on the premises. (However, liquor may be sold to patrons who are non-diners i.e. only there to have a drink.)

The proposed hours of operation are from 10:00am to 12 midnight – Monday to Sunday.

The subject land is included within the City Centre Area. A Restaurant is Self Assessable under CairnsPlan. As such, there are no Planning Objections to the proposed Liquor Licence.

General Policy – Liquor Licensing

The proposal is consistent with Council’s General Policy – Liquor Licensing.

Discussion/Comments

Comments in relation to the proposed Liquor Licence were received from the Divisional Councillor, Council’s Safety Officer and Environmental Health Officer.

Divisional Councillor

No objections were received regarding the proposed Liquor Licence.

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Council’s Safety Officer

Ensure that Responsible Service of Alcohol & Responsible Promotion of Alcohol standards are met.

Environmental Health Officer

Public Heath Unit has no objections.

Ellis Beach Bar ‘N’ Grill

An application for a variation to the current Licence has been applied for at Ellis Beach Bar ‘N’ Grill, located at Captain Cook Highway, Ellis Beach and described as Lot 13 on NR 5512, Parish of Dulanban. The Notice of Application is attached as Attachment 2.

Variation: To be allowed amplified music.

The subject land is included within the Tourist and Residential/Conservation Planning Area.

Discussion/Comments

Comments in relation to the proposed Liquor Licence were received from the Divisional Councillor, Council’s Safety Officer and Environmental Health Officer.

Divisional Councillor

The Divisional Councillor has provided the following comments:

1. Due to the vicinity of the hotel and the holiday accommodation in the area, there are concerns about the appropriateness of having loud music on the premises.

2. Given that accommodation uses are located close to the subject site, further assessment or possible impacts on surrounding uses and activities would be required, including consultation with adjacent premises/operators.

3. Council has not received a copy of a report from a qualified acoustic consultant in correspondence received relating to the Variation of Licence; and

4. Details of the position of outdoor speakers have not been detailed in correspondence received relating to the Variation of Licence application.

Council’s Safety Officer

Ensure that Responsible Service of Alcohol & Responsible Promotion of Alcohol standards are met.

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Environmental Health Officer

Public Heath Unit has no objections.

ATTACHMENTS:

1. On Premises (meals) Licence Application for Bel Paese Restaurant, Shop 2, 45 Spence Street, Cairns.

2. Variation to Licence Application for Ellis Beach Bar n Grill, Ellis Beach.

Kelly Barnes Technical Officer Planning Action Officer

Simon Clarke Manager City Assessment

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APPENDIX 1

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APPENDIX 2

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ORDINARY MEETING 23 27 OCTOBER 2005

HOUSE REMOVAL APPLICATION FROM LOT 269 NR5177, 60-70 MAGAZINE STREET, STRATFORD TO LOT 2 RP710575, 15 NIELSEN STREET, ALOOMBA - DIVISION 1

Kerry Maggs : 12/2/2-11 : #1074558

PROPOSAL: TO RELOCATE A DWELLING TO LOT 2 RP710575, 15 NIELSEN STREET, ALOOMBA, DIVISION 1

APPLICANT: MISSION BEACH CONSTRUCTION

PRESENT LOCATION: LOT 269 NR5177, 60-70 MAGAZINE STREET, STRATFORD

PROPOSED LOCATION: LOT 2 RP710575, 15 NIELSEN STREET, ALOOMBA, DIVISION 1

ZONE: RESIDENTIAL

DIVISION: 1

APPENDIX: 1. PHOTOGRAPHS

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NEW LOCALITY PLAN

RECOMMENDATION:

That Council approve the application for the relocation of a dwelling from Lot 269 NR5177, 60-70 Magazine Street, Stratford to Lot 2 RP710575, 15 Nielsen Street, Aloomba subject to the following conditions:

1. A permit is to be obtained from the Police Department.

2. A permit is to be obtained from the Main Roads Department with respect to any roads under its control.

3. A permit is to be obtained from Telstra with respect to any overhead telephone lines or any cables which may be crossed.

4. A permit is to be obtained from Ergon Energy so far as any electricity lines are concerned.

5. So far as the roads and streets within the Cairns Local Government area are concerned, where these are under the control of the Council, conditions are:

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a. Any damage to the pavement, the shoulders of any road, the water table or any kerbing and channelling or part of the footpath is to be made good and fully replaced to the complete satisfaction of the Chief Executive Officer.

b. Any water main or house connection services which may be damaged or interfered with are to be fully replaced to the satisfaction of the Chief Executive Officer.

c. Any reinstatement of road shoulders must be in gravel, with the material being approved by the Chief Executive Officer.

d. No trees shall be lopped or otherwise interfered with in any way whatsoever.

e. Any street signs or other work under it’s control of Council which may be damaged as result of the transport of the said structure must be repaired or replaced to the satisfaction of the Chief Executive Officer.

6. A development approval must be obtained.

7. An Energy Efficiency Report must be lodged with the Development Approval application.

8. A security deposit of $15,100 is to be lodged with Council before the development permit is issued.

9. A plumbing permit is to be obtained.

10. A signed public indemnity form is to be submitted with a subsequent development application.

11. The building work must be completed within 6 months of the development approval being issued.

12. The roof sheeting to be assessed after relocation.

13. The external wall sheeting be painted.

14. Engineers certification on the integrity of the timber and structure to be obtained and submitted as part of the development approval.

15. If ‘Asbestos Product’ (fibro) or ‘Asbestos Material’ (Thermal or Acoustic insulation) is removed or encountered during the relocation of the dwelling, the removal is to be carried out in accordance with Workplace Health & Safety Act 1995.

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16. A demolition application and necessary fees paid (including forms A & B, 1 & 2) must be lodged for Lot 269 NR 5177, 60-70 Magazine Street, Stratford to the house being relocated.

EXECUTIVE SUMMARY:

An inspection by Council’s Building Services was carried out on the dwelling on the 4 October 2005.

Internal access to the building was not available so the following report has been based on an external assessment and photographs only.

The building is a highset, timber frame dwelling constructed in approximately the late 50 years. It is approximately 12 m2 x 15 m2 in overall dimension.

The external walls appear to consist of weather-board lined and casement windows.

The roof structure could only be cursorily assessed, however roof will need to be replaced when cyclone upgrade occurs.

There are no cyclone bolts therefore will need to be upgraded.

The roof sheeting, guttering, downpipes and such will need to be reassessed at the time the dwelling has been relocated as the condition may deteriorate to a point of replacement with the relocation.

ASSESSMENT:

The building work may be lawfully carried out on the subject allotment. The land is zoned Residential, which makes the proposed work self-assessable development.

The subject dwelling if positioned in its proposed position, would not be in contrast with the surrounding area or distract from the aesthetics of the immediate area. In fact the subject dwelling would compliment the existing building stock.

CONCLUSION:

The building when relocated and upgraded should not have any adverse effect on the amenity of the area.

Kerry Maggs Senior Building Regulation Officer

Peter Tabulo General Manager City Development

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APPENDIX 1 - PHOTOGRAPHS

Photos before dwelling temporarily relocated.

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Photos of dwelling at temporary location.

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Proposed location.

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ORDINARY MEETING 24 27 OCTOBER 2005

RECONFIGURING A LOT (1 LOT INTO 38 RESIDENTIAL LOTS AND 1 BALANCE LOT) – CAPTAIN COOK HIGHWAY, PALM COVE – DIVISION 11

Peter Boyd: 8/13/988-01 : #1015666

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 38 RESIDENTIAL LOTS AND 1 BALANCE LOT)

APPLICANT: HEDLEY CONSTRUCTIONS PTY LTD C/- BRAZIER MOTTI PO BOX 1185 CAIRNS QLD 4870

LOCATION: CAPTAIN COOK HIGHWAY PALM COVE QLD 4879

PROPERTY: LOT 2 ON SP144124 PARISH OF SMITHFIELD

PLANNING DISTRICT: CAIRNS BEACHES

PLANNING AREA: RESIDENTIAL 2 & CONSERVATION

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS DEPARTMENT OF NATURAL RESOURCES AND MINES

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: 9 NOVEMBER 2005

DIVISION: 11

APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

Area subject to application

RECOMMENDATION:

That Council approve the development application for Reconfiguring a Lot (1 lot into 38 residential lots and 1 balance lot) over land described as Lot 2 on SP144124, Parish of Smithfield, located at Captain Cook Highway, Palm Cove, subject to the following conditions:

Assessment Manager Conditions

1. The proposed Plan of Development Drawing No. 30967/021 Revision B dated 16 September 2005 (2 plans) prepared by Brazier Motti is approved subject to any alterations:

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

b. To ensure that the development complies in all respects with the following conditions of approval and the requirements of the Council’s Planning Scheme and the FNQROC Development Manual; and

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d. The layout must be amended such that the minimum road reserve width for the north/south road and the eastern stub to Captain Cook Highway is increased to 18m to comply with the requirements of FNQROC.

Except where modified by these conditions of approval.

Timing of Effect

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

Water Supply and Sewerage Contributions

3. The applicant/owner must contribute in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provisions of water supply and sewerage headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $223,102.05 (38.2 ERAs) for water, and $147,616.40 (39 ERAs) for sewerage.

Payment is required prior to the approval and dating of the Plan of Survey.

Community Purpose Infrastructure Contributions

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total contributions are $39,979.80 (114 EPs x $501 x 70% due to hillside land transfer contribution 30% of total requirement) for Community Purpose Infrastructure.

Payment is required prior to the approval and dating of the Plan of Survey.

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5. The applicant/owner must transfer to the Crown the area of land as identified in the metes and bounds description provided to Council for Public Use Land – Reserve in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997. This area of land must be to the requirements and satisfaction of the Chief Executive Officer. The land must be transferred to the Crown at the same time as registering the first Plan of Survey with the Department of Natural Resources and Mines for Stages 2A or 3A.

Stormwater Mitigation

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total contributions are $26,599.10 for Stormwater Mitigation (1.77 ha within Palm Cove DMP catchment).

Payment is required prior to the approval and dating of the Plan of Survey.

Stormwater Quality

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total contributions are $10,213.12 for Stormwater Quality (1.77 ha within Palm Cove DMP catchment and 1.32 ha within Sweet Creek catchment).

Payment is required prior to the approval and dating of the Plan of Survey.

Water Supply and Sewerage Works

In particular, each allotment must be provided with a single internal sewer connection in accordance with the FNQROC Development Manual.

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The works outlined above require an Operational Works approval. Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be submitted to Council.

General External Works

9. The applicant/owner must at its own cost undertake the following works:

a. Construct a 2 metre wide concrete pathway along the northern side of the north/south road through Stage 3A extending from the existing pathway in Stage 1.

b. Construct a 2 metre wide concrete pathway within the eastern stub to Captain Cook Highway.

c. The carriageway and gradient of the north/south road and the eastern stub to Captain Cook Highway must be sufficient to accommodate a future public transport route, in accordance with FNQROC and Queensland Streets requirements. In particular the carriageway width must be 10m.

The works outlined above require an Operational Works approval. Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be submitted to Council.

Landscaping Plan

10. The applicant/owner must landscape the subject land and street frontage in accordance with FNQROC Development Manual and in accordance with a landscape plan submitted to and endorsed by the Chief Executive Officer. In particular, the plan must show:

b. The retention of as many existing trees and shrubs as possible and further planting of trees and shrubs.

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c. Planting of the footpath with trees, using appropriate species with regard to any site constraints.

Vegetation Clearing

11. Existing vegetation on the subject land must be retained in all areas except those affected by the construction of roadworks/access driveways and the installation of services as detailed on the approved plans as stated in Condition 1. Any further clearing requires an Operational Works Approval.

The application for Operational Works must include plans that clearly delineate the limits of clearing associated with the construction of roadworks/access driveways and the installation of services.

Vegetation to be retained must be identified on site and adequately fenced off prior to construction work commencing and for the duration of the construction to the satisfaction of the Chief Executive Officer. Council Officers are to inspect the site prior to the issue of a Development Permit for Building Works to assess the extent of the proposed clearing.

Notification of Vegetation Clearing

12. The applicant/owner must notify Council’s City Assessment Branch two working days prior to the proposed date of commencement of any vegetation clearing to inspect vegetation to be cleared and to facilitate community awareness of such works.

Parkland Protection

13. Any common boundaries with existing and proposed parkland or drainage reserves must be temporarily delineated and fenced off to restrict building access for the duration of construction activity.

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Wildlife

Existing Creek and Drainage Systems

15. All existing creek systems and drainage areas must be left in their current state including no channel alterations and no removal of vegetation unless consented to in writing by the Chief Executive Officer.

The applicant/owner must obtain any necessary approvals from the Department of Natural Resources and Mines for carrying out works in a watercourse.

Lawful Point of Discharge

Stormwater Detention

17. The applicant/owner must be required to implement stormwater detention measures to ensure that peak flows from all stormwater events of average recurrence interval (ARI) from 1 to 100 years are limited to flows emanating from the property to ensure a no worsening effect on upstream or downstream properties.

Plan of Drainage Works

18. The subject land must be drained to the satisfaction of the Chief Executive Officer. In particular,

a. Drainage infrastructure in accordance with the FNQROC Development Manual

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iii. The design of the SQID shall not compromise the hydraulic performance of the overall drainage system.

iv. SQIDs shall be positioned so as to provide appropriate access for maintenance equipment.

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

Sediment and Erosion Control

19. The applicant/owner must submit a sediment and erosion control plan prior the issue of a Development Permit for Operational Works. Such plans must be endorsed to the satisfaction of the Chief Executive Officer and be installed/implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and FNQROC Development Manual).

Installation Of SWM Measures

20. The soil and water management measures endorsed by the Chief Executive Officer must be installed/implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Soil and Water Management Strategy

21. A Soil and water management strategy, in accordance with Council's Development Manual must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

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Temporary Vehicle Turnaround

22. The applicant/owner must provide a temporary vehicle turnaround at end of all partially constructed roads where the length of road exceeds sixty (60) metres (i.e. maximum acceptable reversing distance for garbage truck). The turning facility shall be of sufficient size to turnaround a garbage truck, either in a continuous forward movement or by a three-point turn.

Existing Services

a. Relocate the services to comply with this requirement; or

b. Arrange the registration of the necessary easements over the services which are located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the Lot.

Electricity Supply

24. The applicant/owner must provide written evidence from Ergon Energy advising if distribution substation/s are required within the development. If required, details regarding the location of these facilities must be submitted to the Chief Executive Officer accompanied by written confirmation from Ergon Energy. Details regarding electricity supply must be provided prior to the issue of a Development Permit for Operational Works.

Electricity and Telecommunications

25. The applicant/owner must provide written evidence of negotiations with the electricity and telecommunications authorities stating that services will be provided to the development. Such evidence to be provided prior to the approval and dating of the Plan of Survey.

CONCURRENCE AGENCY CONDITIONS

Department of Main Roads

1. Permitted Road Access Location

(i) Vehicular access between the State-controlled road (i.e. Captain Cook Highway) and the proposed allotments shall be via a new road directly opposite Cedar Road to the satisfaction of the Director-General of the Department of Main Roads and Chief Executive Officer, Cairns City Council.

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(ii) Despite the requirement of (i) above, access between Lot 2 on SP144124 and Captain Cook Highway is permitted via Foley Road until the construction of future road infrastructure at the intersection of Captain Cook Highway and Cedar Road enabling traffic to travel directly between Captain Cook Highway and Lot 2 on SP144124.

(iii) The applicant/ landowner shall note the proposed long-term transport planning for the area includes closing Foley Road at the Highway.

(iv) No additional direct vehicular access between the State-controlled road (i.e. Captain Cook Highway) and the proposed allotments is permitted.

(v) All existing accesses between the Highway and the subject land shall be removed and re-instated to the existing adjoining treatments.

2. Amendments to the Layout

The proposed layout of reconfiguration indicated on Brazier Motti Drawing No. 30967/013H dated 9 June 2005 is approved subject to the following amendments: ••• The intersection of Cedar Road extension to Foley Road connection shall allow traffic from the Highway via Cedar Road to head north at the Foley Road connection without stopping, i.e. traffic turning right from Foley Road connection into Cedar Road extension must give way to all traffic, and ••• Land resumption for road traffic noise ameliorative works along the Cedar Road extension frontage, i.e. proposed Lots 97, 98 and 109.

3. Provision of Link Roads

(i) The applicant/landowner shall dedicate a road reserve and/ or access easements from the permitted road access location (above) to ••• Foley Road, ••• Lot 1 on RP730683, to the satisfaction of Cairns Water, ••• Lot 3 on SP144124, to the satisfaction of Cairns Water, and ••• the southern boundary of Lot 31 on CP881693.

The above required road reserve and/ or access easements shall be dedicated prior to: ••• or in conjunction with, the first registration of plan of survey of the subject land, or ••• an application for a development permit for building works on the subject land, whichever comes first.

(ii) The applicant/landowner shall provide infrastructure within the above road reserve and/ or access easements in accordance with Cairns City Council's specifications prior to:

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••• the submission of the plan of survey to Council for approval and dating creating more than 50% of the proposed estate lots, or ••• where the existing access is affected by subdivision works, whichever comes first.

4. Land Requirement for Future Road Purposes

(i) DMR Plan No. PD193 identifies the portion of the subject land required to accommodate a future upgrade of Captain Cook Highway including a roundabout intersection with Cedar Road. This area is hereafter referred to as the ‘Exclusion Area’.

(ii) The applicant/ landowner shall not construct any structure/s nor commence any development under, on or over the ‘Exclusion Area’ unless the Department of Main Roads agrees to the proposed structures/ works.

(iii) Should the State of Queensland not have acquired the ‘Exclusion Area’ within twelve (12) months of: ••• the dating and approving of the plan of survey by Council in respect of the Reconfiguration of a Lot application and ••• the applicant/ landowner formally requesting, in writing, the District Director of the Cairns Office of DMR, or its successor or assign, to acquire/ resume the land, then parts (i) and (ii) above shall cease to have effect.

5. Intersection Works

(i) The landowner/ applicant shall upgrade the existing Foley Road/ Captain Cook Highway intersection in accordance with: ••• the Department of Main Roads Road Planning and Design Manual, and ••• current Department of Main Roads standards.

A recent site inspection indicates the intersection shall be designed and constructed with a: ••• channelised right turn (CHR), ••• upgraded intersection streetlighting in accordance with AS 1158 incorporating a preferred luminaire of 250WHPS Aeroscreen GEC) and with slip Base poles where within the roadway clear zone, and ••• a 2.0m wide concrete footpath between the existing footpath on the eastern side of the Highway to the property frontage on the western side of the Highway (except across the road pavement) on the southern side of the intersection, and with grades no greater than 1:14, unless otherwise approved by the Cairns office of the Department of Main Roads.

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(ii) The landowner/ applicant shall submit intersection design drawings prepared by a suitably qualified Registered Professional Engineer Queensland (RPEQ) for approval of the Cairns office of the Department of Main Roads prior to commencing works within the State-controlled road reserve (i.e. Captain Cook Highway).

(iii) All required intersection works and land dedication shall be completed to the satisfaction of the Director-General of the Department of Main Roads prior to the landowner/ applicant requesting Council to approve and plan of survey creating the 100th residential allotment of the estate.

6. Road Traffic Noise & Visual Treatments

For the purposes of this condition: ••• "SCR" shall be defined as the Captain Cook Highway; and ••• "SCR boundary" shall be defined as the proposed Captain Cook Highway boundary after the acquisition of the 'Exclusion Area'; and ••• DMR Plan PD85 C (dated 03/2004) shall hereafter be referred to as the ‘DMR Buffer Plan’.

(a) Creation of Buffer Strip

The applicant/landowner shall create a minimum of a ten metre wide buffer strip, located adjacent to the ‘SCR boundary’ and within the subject land. The buffer strip shall extend along the full SCR frontage of the subject land. This buffer shall be provided at no cost to Council or the State of Queensland.

The buffer strip shall be created via: ••• a six metre wide freehold strip located adjacent to the SCR boundary, and ••• and a four metre wide registered covenant(buffer) located adjacent to and generally west of the above freehold strip generally in accordance with the ‘DMR Buffer Plan’.

The registered covenant (buffer) shall: ••• allow representatives of Council and the Department of Main Roads and public utility authorities to construct/maintain/upgrade/remove noise attenuation treatments, landscaping and public utilities within the registered covenant, ••• prevent (unless approved by Council and the Department of Main Roads) landowners from altering, damaging or destroying any noise ameliorative treatments, landscaping, or public utilities located within the registered covenant, and ••• prohibit the construction of any structures within the registered covenant except where approved/required otherwise by Council and the Department of Main Roads.

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The freehold section of the buffer strip shall be created and transferred to Council ownership. The registered covenant section of the buffer strip shall be created, and the covenant agreement shall be registered in the Titles Office of the Department of Natural Resources & Mines. All three aforementioned requirements shall be completed prior to the applicant/landowner: ••• seeking Council (or private certifier) approval for a development permit for carrying out building works on any part of the subject land within 100 metres of SCR boundary, or ••• lodging a plan of survey to Cairns City Council on any part of the subject land for signing and dating, whichever occurs first.

(b) Visual Amenity Works

The applicant/landowner shall provide landscaping in and along the full width and length of the buffer strip such that existing and future SCR infrastructure, noise ameliorative works within the buffer, and on site buildings and facilities, are screened as much as practicable from each other.

The species of plants used in the landscaping works shall be in accordance with Council’s standards. If Council does not have standards, then the only requirement is that they are native, low maintenance species, which are effective at providing the necessary screening specified above and do not create a safety risk (i.e. no thorns, heavy nuts, or poisonous fruits or berries). All works within the buffer strip are to comply with the requirements specified in the ‘DMR Buffer Plan’.

All landscaping of the buffer shall be completed shall be completed prior to the applicant/landowner: ••• seeking Council (or private certifier) approval for a development permit for carrying out building works on any part of the subject land, or ••• lodging a plan of survey to Cairns City Council on any part of the subject land for signing and dating, whichever occurs first.

(i) Location of Works

Road traffic noise ameliorative works shall be incorporated into the design of the development, and the applicant/landowner shall have regard to the design criteria specified within AS3671.

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(ii) Maximum Noise Levels and Time Horizons

The maximum noise intervention levels within 10 years of completion of the full development generated by traffic on the SCR are: ••• External noise levels shall not exceed 60B(A) 18h (free field) where existing levels measured at the deemed-to-comply setback distance are greater than 40dB(A) L90 (8h) between 10pm and 6am (free field) ••• External noise levels shall not exceed 57(A) 18h free field where existing levels measured at the deemed-to-comply setback distance are less than or equal to 40 dB(A) L90 (8h) between 10pm and 6am (free field), and ••• Internal noise levels (i.e., within buildings above the ground floor level only) shall not exceed the maximum noise levels specified in AS2107-2000.

(iii) Noise Testing

The following parameters shall be used to determine the required noise amelioration works. ••• External noise levels shall be those predicted to occur on the subject land in areas likely to be frequently occupied by people for significant periods. ••• For residential/accommodation development, internal noise levels shall be determined in accordance with AS2107-2000. ••• Noise monitoring shall be carried out in accordance with AS2702-1984. ••• Noise predictions shall be carried out in accordance with Calculation of Road Traffic Noise (CRTN88) United Kingdom Department of Transport.

(iv) Road Traffic Noise Report

The applicant/landowner shall prepare a road traffic noise report which demonstrates how the development is to be designed to conform with the above requirements. The report shall: ••• predict the road traffic noise levels and identify all lots that exceed the external noise levels in condition (c ) (ii) prior to any noise amelioration works, ••• identify the ameliorative works required within the buffer strip, the rest of the subject land, and buildings (including stating building pad levels in AHD),

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••• identify proposed allotments where it has not been demonstrated that condition (c)(ii) above would be met for a low-set or 2 or more storied dwelling house on the allotments. These identified lots will require registered covenants (building) over the lots. The covenants (building) shall require that either no house or only a low-set house is permissible without Main Roads approval on the identified lots, and ••• contain all relevant information and calculations upon which the conclusions of the report are based.

The applicant/landowner shall submit the report to the Cairns Office of the Department of Main Roads, and if necessary, shall amend the report until the Department of Main Roads considers that the report reflects the requirements of this condition. The report and any subsequent amendments shall be completed prior to the applicant/landowner: ••• seeking Council (or private certifier) approval for a development permit for carrying out building works on any part of the subject land, or ••• seeking Council approval for a development permit for Operational Works –associated with this reconfiguration of a Lot application within 100 metres of the SCR boundary, or ••• lodging a plan of survey to Cairns City Council on any part of the subject land for signing and dating, whichever occurs first.

(v) Incorporation of Works into the Development

Noise ameliorative works within the buffer shall conform to the requirements of the ‘DMR Buffer Plan’ unless altered in writing by the Director-General of the Department of Main Roads.

All noise ameliorative works required in the buffer shall be completed prior to the applicant/landowner: ••• seeking Council (or private certifier) approval for a development permit for carrying out building works on any part of the subject land, or ••• lodging a plan of survey to Cairns City Council on any part of the subject land for signing and dating, whichever occurs first.

(vi) Covenant (Building)

When a covenant is required by the Road Traffic Noise (acoustical) Report then the following requirements shall be met:

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••• The covenants shall be included on the same Plan of Survey which creates the lots which are the subjected to the covenant and lodge concurrently the Plan of Survey and validly executed Covenant Form 31 referred to in the above conditions. ••• Acknowledges to Main Roads that an acoustic covenant will be annexed to the REIQ contract for the relevant lots prior to execution of the Covenants Forms 31. ••• Submit to Main Roads for approval a Noise Covenant Plan which shows: ••• the final layout plan with finished contour levels and highlighting lots effected by a covenant, ••• summary of noise amelioration works and covenant conditions, and ••• a table showing, pad levels in Australia Height Datum (AHD) and the type of covenant, prior to execution of the Covenants Forms 31. ••• Submit to Main Roads, certification (RPEQ) from the civil engineer that the pad levels in (AHD) used on the Covenant Plan comply with the acoustical report, prior to the execution of the Covenant Form 31. If the building pad levels have risen by more than 200mm, a new acoustical assessment must be submitted. Any new works or covenants to be registered or amended as detailed in the new acoustical assessment must be completed within the above relevant timeframes. ••• Submit to Main Roads a properly executed Covenant Form 31 pursuant to Land Title Act 1994, and in terms approved by the District Director covering all lots where it has not been demonstrated that condition (c)(ii) above would be met, prior to the submission of the Plan of Survey to Council for approval and dating. ••• Submit to Main Roads a copy of the receipt of the Registration Confirmation Statements for the Covenants within 14 days of the receipt being forwarded to the applicant or their agents.

7. Hydraulic Considerations

To protect the existing flood immunity of the State-controlled road (i.e. Captain Cook Highway), the landowner/ applicant shall seek the approval of the Director-General of the Department of Main Roads prior to any works commencing on the subject land which may result in changes to the existing water flows, afflux levels and/ or hydraulic structures along, under or over the Captain Cook Highway.

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8. Advertising

No advertising device for the proposed development is permitted within the State-controlled road reserve (i.e. Captain Cook Highway).

9. Provisions for Buses

The internal layout shall be designed to allow full size buses to: ••• dropoff and pickup passengers (bus stops), ••• drive through the site from Foley Road to the proposed Cedar Road access, ••• drive through the site from Foley Road and turn around onsite using the road network and exit Foley Road prior to the opening of the Cedar Road extension (This can be achieved by utilizing the road stub for the Cedar Road extension) , and ••• drive through the site on pavement of minimum kerb to kerb width of 10m.

ADVICE

2. Current requirements and estimates of headworks contributions may change when elements of the Cairns City Council Priority Infrastructure Plan (PIP) are adopted.

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

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EXECUTIVE SUMMARY:

Council is in receipt of a development application for Reconfiguring a Lot (1 lot into 38 residential lots and 1 balance lot) at Foley Road/Captain Cook Highway, Palm Cove described as Lot 33 on RP804488. Although the subject site has an area of 39.33 hectares, the area subject to the current application has an area of 3.088 hectares. The reconfiguration will result in a total of 38 residential lots of which 37 lots have areas between 401m² to 900m² and one lot has an area between 1,101m² to 1,500m².

The proposed development is consistent with the Preliminary Approval issued on 15 December 2004 and the relevant provisions of CairnsPlan. It is recommended at Council Officer level that the application be approved subject to conditions.

TOWN PLANNING CONSIDERATIONS:

Background

Council issued a Preliminary Approval for the development on 15 December 2004 that identified the location of the Residential 2 Planning Area boundary and the Conservation Planning Area boundary. Council is in the process of providing information to the Department of Local Government, Planning, Sport and Recreation to facilitate the required amendment to CairnsPlan.

Due to the subject site being partly included within the Conservation Planning Area, any reconfiguration application over land within the Conservation Planning Area requires a Material Change of Use approval. As a result of this requirement, the applicant has provided an amended staging plan and application that only includes lots within the Residential 2 Planning Area. The balance of the development will be proceeded with once the appropriate changes have been made to CairnsPlan that reflect the Preliminary Approval.

Proposal

The current application by Hedley Constructions Pty Ltd represents the next stage of the Paradise Point Estate in Palm Cove being Stages 2A and 3A. The proposed development is for reconfiguration of land into 37 residential lots with areas between 450m² and 714m² and 1 lot with an area of 1,203m². The subject site is currently accessed via Captain Cook Highway and Foley Road. Foley Road is currently being upgraded in accordance with conditions of Development Permit 8/30/37. Proposal plans are attached as Appendix 1.

The current application necessitates the dedication of road reserve between the Captain Cook Highway and the subject land and conditions from the Department of Main Roads requires the construction of this road prior to the approval and dating of the Plan of Survey for 50% of the estate (not 50% of the current stage). Until such works are undertaken, access to the development will be via Foley Road.

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The lot reconfiguration has been assessed and is considered appropriate and consistent with the Planning Scheme for the reconfiguration of land within the Residential 2 Planning Area. The application is recommended for approval subject to conditions.

Referral Agency Comment

The application has been referred to Department of Main Roads and the Department of Natural Resources and Mines as a Concurrence Agency and conditions received from the above Departments have been included within the Recommendation to Council.

CairnsPlan Compliance

The proposed development demonstrates compliance with the acceptable measures contained in CairnsPlan with the exception of those listed below.

Code CairnsPlan Compliance Cairns Beaches District Applicability Planning Residential 2 and Conservation Area Defined Use Reconfiguration of a Lot Hillslopes Overlay rrr N/A Vegetation Conservation & Waterway Significance Overlays Overlay Connectivity Overlay rrr N/A Cultural Heritage Overlay rrr N/A Potential or Actual Acid Sulphate Soil Material Overlay <20m AHD Bushfire Risk Analysis Overlay Flood Inundation (ARI 100 year) Overlay rrr N/A Height and Impact of Buildings Overlay rrr N/A Cairns Airport - Obstacle Limitation Surfaces rrr N/A Overlay Cairns Airport – Bird & Bat Strike Overlay rrr N/A Cairns Airport – Primary Light Control Plans rrr N/A Overlay Road Hierarchy Pedestrian & Cycle Movement Overlay Possible Public Transport Corridors Overlay rrr N/A Special Facilities Overlay rrr N/A Development Near Major Transport Corridors & General Facilities Code Excavation and Filling Code Condition included in recommendation Infrastructure Works Code to ensure compliance. Landscaping Code Parking & Access Code rrr N/A Reconfiguring a Lot Code

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HEADWORKS / CONTRIBUTIONS:

The proposed development triggers the following Developers Headworks Contribution Calculations:

Element Comment Calculation Contribution Water Supply Palm Cove West Water Supply District 38.2 ERA x $223,102.05 District 2: $5,840.37/ERA (June 2005) $5,840.37 1 x House lot >1,500m² - 1.3 ERA 1 x House lot 1,101m² - 1,500m² - 1.2 ERA 37 x House lot 401m² - 900m² – 37 ERA Less Credit 1 House Lot >1,500 m2 – 1.3 ERA Net Dement: 38.2 ERAs Wastewater Palm Cove Wastewater Supply District 38 ERA x $143,831.52 District 1: $3,785.04/ERA (June 2005) $3,785.04 1 x House lot >1,500m² - 1 ERA 1 x House lot 1,101m² - 1,500m² - 1 ERA 37 x House lot 401m² - 900m² – 37 ERA Less Credit 1 House Lot >1,500 m2 – 1 ERA Net Dement: 38 ERAs Road Network Palm Cove Traffic District NA Nil No charge for district Drainage – Palm Cove Catchment 1.77 ECA x $26,599.10 Water Mitigation District 1: $15,027.75/ECA $15,027.75 Residential 2 – RIF – 1 Subject Area: 1.77 hectares Equivalent Contributing Area (ECA): 1 x 1.77 Net Demand: 1.77 ECA

Sweet Creek Catchment NA Nil District 2: No fee Residential 2 – RIF – 1 Subject Area: 1.318 hectares Equivalent Contributing Area (ECA): 1 x 1.318 Net Demand: Nil

Drainage – Palm Cove Catchment 1.77 ECA x $5,854.02 Water Quality District 1: $3,307.36/ECA $3,307.36 Residential 2 – RIF – 1 Subject Area: 1.77 hectares Equivalent Contributing Area (ECA): 1 x 1.77 Net Demand: 1.77 ECA

Sweet Creek Catchment 1.318 x $4,359.10 District 2: $3,307.36/ECA 3,307.36 Residential 2 – RIF – 1 Subject Area: 1.318 hectares Equivalent Contributing Area (ECA): 1 x 1.318 Net Demand: 1.318

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Community Northern Suburbs 70% of 114 x $39,979.80 Purpose – 38 x House $501 3 EPs per House $501/person TOTAL EPs - 114

Land to be dedicated as open space at future stage – 11.53 ha (30% value to be attributed)

Peter Boyd Planning Officer Action Officer

Simon Clarke Manager City Assessment

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APPENDIX 1

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ORDINARY MEETING 25 27 OCTOBER 2005

QUEENSLAND AUDIT OFFICE AUDIT REPORT FOR THE FINANCIAL YEAR ENDED JUNE 2005

Jo-Anne Scarini : 1/58/15-03: #1081295

RECOMMENDATION:

That Council note that there are no matters to be tabled with Council arising from the recent audit by the Queensland Audit Office as per the attached advice.

INTRODUCTION:

Each year the accounts of Cairns City Council are subject to audit by the Queensland Audit Office.

COMMENT:

As part of the audit process the auditors present a letter to the Mayor identifying matters that are required to be tabled with Council and addressed.

This year Council has received a letter noting that the “general purpose financial statements for 2004-05 have been audited and certified without qualification”.

The audit results are shown as:

“The results of the audit were generally satisfactory. There were no significant issues identified during the audit which required referral to the Council. A number of audit matters classified as low risk have been raised and referred to the Chief Executive for response.”

The matters referred to the Chief Executive are all considered low risk and have been tabled with the Audit Committee and added to the audit matrix process that is used by staff to track and monitor corrective action of all items raised through either internal or external audit.

CONSIDERATIONS:

Statutory:

S530 (4) of the Local Government Act 1993 requires that this audit report be tabled at the next ordinary meeting of the Local Government.

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CONCLUSION:

It is pleasing to note that the process of finalising the year end accounts was completed much faster than previous years. This is the result of concerted effort by the staff to improve the effectiveness of this very complex process.

This improvement in control over the process is also reflected in the lack of issues to be tabled with Council.

Staff will continue to streamline this important compliance activity of Council.

ATTACHMENTS:

1. Letter from Queensland Audit Office, dated 14 October 2005.

Jo-Anne Scarini General Manager Corporate Services

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