Cairns City Council Ordinary Meeting 26 October 2006 5.30

CAIRNS CITY COUNCIL

ORDINARY MEETING

26 OCTOBER 2006

5.30pm

TABLE OF CONTENTS

1. APPLICATION FOR RENEWAL OF SPECIAL LEASE NO. 9/50017, REDBANK ROAD, PACKERS CAMP – LESSEE: WILLIAM EDWARD SIMMS – DIV. 2...... 1 Allan Simpson : 19/3/3-65: #1238042 (464kb)

2. APPLICATION TO PURCHASE, OR OBTAIN LONG TERM ACCESS TO, COUNCIL’S FREEHOLD 87 MUNRO STREET, BABINDA – APPLICANT’S: HARRY & KITTY ANNING – BABINDA STATE HOTEL – DIV. 1 ...... 7 Allan Simpson : 19/3/3-65: #1238043 (664kb)

3. REQUEST RECEIVED TO LEASE PART OF 14 ROBERT ROAD, BENTLEY PARK - DIV 3 ...... 15 Kerrie Pickering : 19/3/3-60: 1148795 (1.12mb)

4. REVIEW OF GENERAL POLICY 1:04:09 MARLIN COAST LANDSCAPE MASTER PLAN ...... 21 Owen McGrath : 8/27/3-01 : 1246245 (126kb)

5. AMENDMENT TO PLANNING SCHEME – PROPOSED AMENDMENT TO CAIRNSPLAN (2006, NO. 4) PURSUANT TO SCHEDULE 1 OF THE INTEGRATED PLANNING ACT 1997. MOORE ROAD, KEWARRA BEACH DIV. 12 ...... 25 Lauren Payler: 8/30/25 : #1260287 (206kb)

6. REQUEST TO CHANGE AN EXISTING APPROVAL FOR MATERIAL CHANGE OF USE (CODE ASSESSMENT) – SHOPPING FACILITY & BUSINESS FACILITY – 111-115 GRAFTON STREET, CAIRNS NORTH – DIVISION 6 ...... 30 Barry Volp: 8/7/525-01 : #1252470 (847kb)

i 7. MATERIAL CHANGE OF USE (CODE ASSESSMENT) – CHILD CARE CENTRE – 295 BRUCE HIGHWAY, BENTLEY PARK – DIVISION 12 ...... 49 Paul Cohen: 8/7/469-01 : 1148130 (1.08mb)

8. MATERIAL CHANGE OF USE (CODE ASSESSMENT) – INDUSTRY CLASS B – 27-31 FEARNLEY STREET, PORTSMITH – DIVISION 5 ...... 73 Luke Jackson: 8/7/537-01 : 1179363 (1.5mb)

9. RESOLUTION OF APPEAL - MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – DUAL OCCUPANCY – 16-18 EDWARD STREET, CAIRNS NORTH – DIVISION 6...... 110 Neil Beck: 8/8/692-01 : #1259024 (414kb)

10. MATERIAL CHANGE OF USE (CODE ASSESSMENT) – CARETAKERS RESIDENCE – 285 CROSSLAND ROAD, GORDONVALE - DIVISION 1...... 117 Paul Cohen: 8/7/388-01 : 1235629 (1.21mb)

11. RECONFIGURING A LOT (1 LOT INTO 19 LOTS) – CALLUM STREET, MOOROOBOOL – DIVISION 7 ...... 124 Simon Clarke: 8/13/766-01 : #1159713 (416kb)

12. WHITE ROCK SEWERAGE RETICULATION – DIVISION 3 ...... 131 Jon Turner:JRT : 24/22/215-01 : #1259614 (141kb)

13. LOCAL COUNCILS PARTNERING TO HOST THE REGIONAL ARTS DEVELOPMENT FUND STATE CONFERENCE – NOVEMBER 2007 ...... 136 Ruby Wingrove: RW: #1259768: 10/25/1-04 #1259768 (291kb)

14. OPTIONS FOR IMPROVING QUEENSLANDS INTEGRATED PLANNING ACT 1997 AND THE INTEGRATED DEVELOPMENT ASSESSMENT SYSTEM...... 144 Deborah Wellington : 1/55/1-06: #1257206 (2.63mb)

15. BRAMSTON BEACH WATER AND WASTEWATER PLANNING REPORT ...... 195 Jon Turner:JRT : #1259835 (108kb)

ii 1

ORDINARY MEETING 1 26 OCTOBER 2006

APPLICATION FOR RENEWAL OF SPECIAL LEASE NO. 9/50017, REDBANK ROAD, PACKERS CAMP – LESSEE: WILLIAM EDWARD SIMMS – DIV. 2

Allan Simpson : 19/3/3-65: #1238042

RECOMMENDATION:

That Council advise the Department of Natural Resources and Water that it objects to the renewal of Special Lease No. 9/50017 described as Lot 167 on Crown Plan NR5023, Redbank Road, Packers Camp by William Edward Simms as: • the proposed use of boat building/boat storage facilities is not consistent with the Rural 1 Planning Area designation under CairnsPlan 2005;

• the proposed use is not a desirable use in this locality as it is adjacent to a Wetland Management Protection Area (a key area for the ecological viability and sustainability of the estuarine area) as designated by the Trinity Inlet Management Plan; and

• the land should be retained as a riparian corridor adjacent to Trinity Inlet, and for use by the general public as open space.

Futhermore, Council delegate authority to the Mayor and Chief Executive Officer pursuant to section 472 of the Local Government Act 1993 to negotiate and finalise any matters relating to the future use or tenure of Lot 167 on NR5023.

INTRODUCTION:

The Department of Natural Resources and Water is seeking Council’s comment on the application by William Edward Simms for the renewal of Special Lease No. 9/50017 over Lot 167 on NR5023, Redbank Road, Packers Camp.

BACKGROUND:

Lot 167 on NR5023, Redbank Road, Packers Camp has an area of 4300m² (approximately), and is held by way of a special lease in the name of William Edward Simms from the State, for Business (Marine Facility) purposes. The lease commenced on 1 st September 1988 for a term of twenty (20) years.

Agenda – Ordinary Meeting 26/10/06 - #1244495 2

The lessee has advised that the subject land is presently vacant, however the intent is to develop a boat building/boat storage facility.

In January 2002 Council considered an application by the lessee to convert the special lease to freehold and resolved to “ object due to future requirements to provide for esplanade to cater for riparian vegetation growth. However, Council would support an application by the lessee for an extension of their existing lease ”.

The subject site is bounded to the south by a Council reserve for park and recreation purposes (Lot 203 on NR5023).

COMMENT:

Planning Strategies

Planning Strategies has considered the application and does not support the renewal of the special lease for business and marine facilities.

It is understood that the special lease was issued by the State when it was deemed necessary to retain supervision of the use or development of the land, or when the future use of the land had not been clarified at the time the lease was granted.

Boat building, maintenance and repair activities are no longer considered appropriate in this area of Trinity Inlet and these uses are inconsistent with the Rural 1 Planning Area designation of the subject land under CairnsPlan.

The site is adjacent to the area identified in the Trinity Inlet Management Plan (TIMP) as a Wetland Management Protection Area – a key area ‘for the ecological viability and sustainability of the estuarine system’. TIMP also identifies appropriate uses for the area including:

• Education/interpretation; • Scientific research; • Public boat ramps; • Rehabilitation; • Cyclone moorings.

Uses such as slipways, boat building, maintenance and repair are considered undesirable uses in this locality, as they are adjacent to the Wetland Management Protection Area, and would necessitate activities through this Management Area. TIMP does identify an area suitable for port and harbour activities, and this use should occur in that locality.

Council and TIMP have encouraged and concentrated boat building and boat maintenance activities in the Portsmith Industrial Area where land has been allocate for industrial purposes and suitable infrastructure has been implemented to manage contaminated waste produced from these activities.

Agenda – Ordinary Meeting 26/10/06 - #1244495 3

The proposed use is not supported in this area of Trinity Inlet, and given the use has not established and the lessee has advised that the land is currently vacant, the opportunity to extinguish the lease should be taken and the land remain as a riparian corridor adjacent to Trinity Inlet.

Given that the subject site is surrounded by open space on the eastern and southern sides, it is appropriate that this site be included in a reserve that enables it to be used for open space purposes by the general public.

City Assessment

City Assessment has considered the application and concurs with the comments made by Planning Strategies and does not support the renewal of the special lease for business and marine facilities. The site is included in the Rural 1 Planning Area and is not affected by a Special Facilities Overlay.

Infrastructure Management

Infrastructure Management concurs with the recommendation made by Planning Strategies.

CONSIDERATIONS:

Corporate and Operational Plans:

This links to the 2006/07 Operational Plan in regard to the Level of Service under Administrations role regarding Council owned or controlled lands.

Statutory:

The Department of Natural Resources and Water will assess the application in terms of the Land Act 1994 after considering comments and views from referral agencies.

Policy:

N/A

Financial and Risk:

N/A

Sustainability:

N/A

CONSULTATION:

As per the comment section of this report.

Agenda – Ordinary Meeting 26/10/06 - #1244495 4

OPTIONS:

1. That Council advise the Department of Natural Resources and Water that it objects to the renewal of Special Lease No. 9/50017 described as Lot 167 on Crown Plan NR5023, Redbank Road, Packers Camp by William Edward Simms as:

• the proposed use of boat building/boat storage facilities is not consistent with the Rural 1 Planning Area designation under CairnsPlan 2005;

• the land should be retained as a riparian corridor adjacent to Trinity Inlet, and for use by the general public as open space.

Furthermore, Council delegate authority to the Mayor and Chief Executive Office pursuant to section 472 of the Local Government Act 1993 to negotiate and finalise any matters relating to the future use or tenure of Lot 167 on NR5023.

2. Council advise the Department of Natural Resources and Water that it has no objection to the renewal of Special Lease No. 9/50017 over Lot 167 on Crown Plan NR5023, Redbank Road, Packers Camp by William Edward Simms.

CONCLUSION:

Council concur with the recommendation subject of this report.

ATTACHMENTS:

1. Aerial photograph of subject site including Planning Area designations under CairnsPlan.

2. Survey Plan Lot 167 on NR5023

Allan Simpson Linda Kirchner Administration Officer Manager Administration Services

Ian Lowth Acting General Manager Corporate Services

Agenda – Ordinary Meeting 26/10/06 - #1244495 5

Attachment 1

Lot 167 on NR5023

Agenda – Ordinary Meeting 26/10/06 - #1244495 6

Attachment 2

Agenda – Ordinary Meeting 26/10/06 - #1244495 7

ORDINARY MEETING 2 26 OCTOBER 2006

APPLICATION TO PURCHASE, OR OBTAIN LONG TERM ACCESS TO, COUNCIL’S FREEHOLD 87 MUNRO STREET, BABINDA – APPLICANT’S: HARRY & KITTY ANNING – BABINDA STATE HOTEL – DIV. 1

Allan Simpson : 19/3/3-65: #1238043

RECOMMENDATION:

That Council advise Harry & Kitty Anning proprietors of the Babinda State Hotel that it does not wish to sell, or provide any form of access or use in the way of tenure, to any part of its Lot 78 on RP809545, 87 Munro Street, Babinda.

INTRODUCTION:

An application has been received from Harry & Kitty Anning the proprietors of the Babinda State Hotel to purchase, or have long term access to Council’s freehold Lot 78 on RP809545, 87 Munro Street, Babinda.

The applicant’s proposal is to establish a liquor barn and drive through bottle shop with associated public parking spaces.

BACKGROUND:

Lot 78 on RP809545, 87 Munro Street, Babinda is Council freehold land with an area of 1030m².

Council acquired title to the land in 1991 in order to provide public parking facilities within the Babinda Township. The subject lot fronts Munro Street and links to Eastwood Street by way of a registered easement (Easement A) for access purposes over part of the adjoining Lot 2 on RP722519, 91 Munro Street, Babinda.

COMMENT:

This request was considered at Council’s Commentary on Property Group (COP) meeting. This group is made up of representatives from Planning Strategies, City Assessment, Infrastructure Management, Cairns Water, Precincts and Facilities and Property Services.

Agenda – Ordinary Meeting 26/10/06 - #1244495 8

Council acquired this parcel to provide off street parking to residents and visitors to the Babinda Main Street Precinct along Munro Street. The concrete section (see attachment 2 photographs) is the area meant for parking and was specifically installed for disabled users. The works were done in conjunction with the adjacent covered footpath works.

This parcel has strategic value to Council and for this reason it should be retained free from encumbrances and continue to be used for its original intent of carparking.

Infrastructure Management have advised that it intends to undertake a parking study of the whole of the Babinda Township. Should this study determine that the subject parcel is surplus to Council’s requirements, than the applicant’s request could be further considered.

The subject site did not form part of the recent investigation of land surplus to Council’s requirements, and Council’s subsequent resolution to dispose of nine (9) freehold parcels.

CONSIDERATIONS:

Corporate and Operational Plans:

This links to the 2006/07 Operational Plan in regard to the Level of Service under Administrations role regarding Council owned or controlled lands.

Statutory:

Any proposed sale or lease of the subject parcel will be subject to the requirements of the Local Government Act 1993, Property Law Act 1974 or the Land Title Act 1994 .

Policy:

The subject parcel is not listed as surplus to Council’s requirements and as such any proposed sale would not be in accordance with Council Administrative Instruction No. 2:02:75 “Sale of Council Freehold Land”.

Financial and Risk:

The subject parcel has a current ‘book’ value of $77,000.00. It is anticipated that any proposed lease would require a minimum term of twenty (20) years to enable the lessee to gain a suitable return on their investment.

Agenda – Ordinary Meeting 26/10/06 - #1244495 9

Sustainability:

The subject parcel should be retained by Council to ensure that adequate public parking is available now or in the future as Babinda grows. Council need to ensure that the area is being used for its designated purpose, and not for storage, or parking of non-conforming vehicles.

CONSULTATION:

As per the Comment section of this report.

OPTIONS:

1. That Council advise Harry & Kitty Anning proprietors of the Babinda State Hotel that is does not wish to sell, or provide any form of access in the way of tenure to any part of its Lot 78 on RP809545, 87 Munro Street, Babinda.

2. That Council advise Harry & Kitty Anning proprietors of the Babinda State Hotel that it consents to the sale of Lot 78 on RP809545, 87 Munro Street, Babinda, subject but not limited to:

• Ministerial approval being obtained to sell the land in accordance with Section 492 (1) (d) of the Local Government Act 1993 ;

• At a sale price in accordance with a valuation as provided by a registered valuer, or as negotiated by the Mayor and Chief Executive Officer;

• The Applicants (Anning) being responsible for all costs associated with the matter; and

• Council delegate authority to the Mayor and the Chief Executive Officer pursuant to section 472 of the Local Government Act 1993, to negotiate and finalise all matters relevant to the formation, conditions and administration of any contract arising from the proposal to sell including settlement; and to negotiate and agree any variations to conditions, including time and resolve disputes (whether by legal proceedings or otherwise) about the Contract.

3. That Council advise Harry & Kitty Anning proprietors of the Babinda State Hotel that will lease the whole of Lot 78 on RP809545, 87 Munro Street, Babinda, for the purpose of a bottle shop/liquor barn and associated public parking, subject but not limited to:

• Ministerial approval being obtained to lease the land in accordance with Section 492 (1) (d) of the Local Government Act 1993 ;

• At a lease rental in accordance with a valuation as provided by a registered valuer, or as negotiated by the Mayor and Chief Executive Officer;

• The Applicants (Anning) being responsible for all costs associated with the matter; and

Agenda – Ordinary Meeting 26/10/06 - #1244495 10

• Council delegate authority to the Mayor and the Chief Executive Officer pursuant to section 472 of the Local Government Act 1993, to negotiate and finalise all matters relevant to the formation, conditions and administration of any lease arising from the proposal, and to negotiate and agree any variations to conditions.

CONCLUSION:

Council concur with the Recommendation subject of this report.

ATTACHMENTS:

1. Aerial photograph and locality plan of subject site.

2. Photographs of subject site.

Allan Simpson Administration Officer

Linda Kirchner Manager Administration Services

Ian Lowth Acting General Manager Corporate Services

Agenda – Ordinary Meeting 26/10/06 - #1244495 11

Attachment 1

Agenda – Ordinary Meeting 26/10/06 - #1244495 12

Attachment 2

Subject area Munro Street

Parking area

Egress to Eastwood Street

Agenda – Ordinary Meeting 26/10/06 - #1244495 13

To Eastwood Street

Hotel

Agenda – Ordinary Meeting 26/10/06 - #1244495 14

Agenda – Ordinary Meeting 26/10/06 - #1244495 15

ORDINARY MEETING 3 26 OCTOBER 2006

REQUEST RECEIVED TO LEASE PART OF 14 ROBERT ROAD, BENTLEY PARK - DIV 3

Kerrie Pickering : 19/3/3-60: 1148795

RECOMMENDATION:

Council consent to a lease for a period of ten (10) years to Queensland Health over part of Lot 10 on RP748195 (14 Robert Road, Bentley Park) subject but not limited to:

• The rental being charged at a market rate as determined by a registered valuer, or as negotiated by the Mayor and Chief Executive Officer; • The applicant being responsible for all costs associated with the matter, including lease preparation costs, stamping and survey etc; • The lease being surrendered in the event that Queensland Health vacate their current site; • Upon Council providing reasonable notice the applicant providing the lessor with access to its infrastructure; • A minimum 10 meter wide access way between the leased area and the adjoining Lot 8 on BUP71200 being maintained for Council from Robert Road; • A further access point between the leased area and the culvert headwall shall be provided such that there is a 3.5 metre width of flat trafficable area that enables Council’s plant to access the remainder of the subject site; • The applicant providing a design and layout plan, to the satisfaction of Chief Executive Officer; • The applicant providing a landscape plan, showing works to be completed within the leased area including shade trees with a vegetated buffer to Roberts Road to the satisfaction of Chief Executive Officer; • The applicant being responsible for all costs associated with the removal and replacement of any of the lessees improvements in the event that Council needs to repair and maintain the existing Council infrastructure; • The applicant accepting any costs of repair to existing Council infrastructure that may occur as a result of the construction of the carpark; • Access to the leased area must be through Queensland Health existing access on Lot 48 on RP911557 (10 Robert Road, Bentley Park);

Agenda – Ordinary Meeting 26/10/06 - #1244495 16

• An approved fence to be constructed on the boundary of the leased area to prevent access directly onto Robert Road; and • The Mayor and Chief Executive Officer being delegated authority pursuant to section 472 of the Local Government Act 1993 to negotiate and determine any and all matters relating to tenure over this site.

INTRODUCTION:

A request has been received from Queensland Health, seeking Council’s permission to lease part of Lot 10 on RP748195 (14 Robert Road, Bentley Park).

BACKGROUND:

Lot 10 on RP748195 (14 Robert Road, Bentley Park) is Council owned freehold land and is 15,160m 2. The subject site is used for drainage purposes and has 4 stormwater pipes that run underneath the ground and surface approximately 15 metres into the property.

The Edmonton Community Health Centre is located on Lot 48 on RP911557 (10 Robert Road, Bentley Park) adjoining the subject site. The increase in service delivery of this Queensland Health facility, has resulted in substantial intensification in client activity and a need for an additional 20 car parking spaces, is required.

Queensland Health has requested a lease over part of Council’s freehold land to construct a car park, which would service their employees and customers.

COMMENT:

City Assessment and Planning Strategies There are limited opportunities to further develop parking in this locality, other than utilising part of the adjoining Council owned freehold land.

City Assessment and Planning Strategies have no objection to a lease for parking purposes subject to the approval of a design and layout plan. This plan should provide a well shaded parking facility with vegetated buffers. Furthermore, this plan should show access to the open space to the rear of the leased area. Any lease over part of this site should not compromise the open space area.

A setback from the top of the bank is usually required for developments adjacent to a waterway. In this instance the lease is for land within the setback. It is not appropriate to require the usual setback however, the parking area should have a landscaped setback from the road reserve boundary.

This shortage of parking has arisen as Queensland Health’s current use of Lot 48 on RP911557 has grown and is now too big for its existing site. Should Queensland Health vacate their current site, the lease should be surrendered. Council should also encourage a future tenant of the Queensland Health site, to be of a more appropriate scale.

Agenda – Ordinary Meeting 26/10/06 - #1244495 17

Infrastructure Management There are four stormwater pipes under the area that Queensland Health has requested a lease over. Queensland Health have provided confirmation to Council to certify that the depth of cover to Council’s infrastructure below the surface is adequate to distribute the loading that may arise as a result of vehicles parking on the subject site.

Representatives from Infrastructure Management met with Queensland Health on-site to ensure that Queensland Health’s proposal does not cause obstacles to any existing secondary drainage path. This was confirmed, as it was identified that the flow path is along Roberts Road towards Supply Road, Bentley Park.

Cairns Water A sewer main is located on the eastern side of the subject site. Cairns Water has no objection to the proposal provided that no structures other than pavement sealing are constructed over the sewer infrastructure.

The applicant must ensure that access to the sewer must be available at all times.

Property Services To assist Council to determine the correct rental charge, Council officers contacted 2 (2) other Local Authorities being Goldcoast City Council and Townsville City Council. The rental charges varied from $1 (on demand) to market valuation.

CONSIDERATIONS:

Corporate and Operational Plans:

This report was prepared in accordance with Corporate Plan goal 1.1 (An integrated approach to planning by Council and stakeholders).

Statutory:

Should tenure be issued over Lot 10 on RP748195 (14 Robert Road, Bentley Park) it will be in accordance with the requirements of the Land Act 1994 and the Property Law Act 1974 .

Policy:

Not applicable.

Financial and Risk: The Lessee will be responsible for lease rental, water usage, maintenance of the leased area and any costs associated with the preparation, registration and stamping of the lease. Queensland Health is exempt from paying Council’s rates and charges.

This offer is conditional on the lessee accepting any costs of repair to Council’s infrastructure below the proposed lease area that may arise as a result of the construction of the carpark.

Agenda – Ordinary Meeting 26/10/06 - #1244495 18

Furthermore, it is conditional on the lessee accepting responsibility of any costs associated with the removal and replacement of any of the lessee’s improvements in the event that Council needs to repair and maintain the existing drainage infrastructure.

Sustainability:

Not applicable.

CONSULTATION:

As per the Comment section of this report.

OPTIONS:

1. Council consent to a lease for a period of ten (10) years to Queensland Health over part of Lot 10 on RP748195 (14 Robert Road, Bentley Park) subject but not limited to:

Agenda – Ordinary Meeting 26/10/06 - #1244495 19

2. Council advise Queensland Health that it does not want to lease any part of Lot 10 on RP748195 (14 Robert Road, Bentley Park).

CONCLUSION:

That Council concur with the Recommendation subject of this report.

ATTACHMENTS:

Attachment 1, plan showing site location.

Kerrie Pickering Assistant Property Officer

Linda Kirchner Manager Administration Services

Ian Lowth Acting General Manager Corporate Services

Agenda – Ordinary Meeting 26/10/06 - #1244495 20

Attachment 1

Bruce Hwy

Qld Health Lot 10 on RP748195 Community Health Centre

Lot 8 on BUP71200 Proposed leased area Approx Robert Road 500m2

Agenda – Ordinary Meeting 26/10/06 - #1244495 21

ORDINARY MEETING 4 26 OCTOBER 2006

REVIEW OF GENERAL POLICY 1:04:09 MARLIN COAST LANDSCAPE MASTER PLAN

Owen McGrath : 8/27/3-01 : 1246245

RECOMMENDATION:

That General Policy 1:04:09 is readopted.

INTRODUCTION:

The General Policy relating to the Marlin Coast Landscape Master Plan has come up for review. The General Policy remains relevant as a policy direction of Council and is recommended for readoption.

BACKGROUND:

The intent of the Marlin Coast Landscape Master Plan is to provide Council with strategic and design directions for the esplanade and foreshore areas of the Cairns beaches. The General Policy was adopted on the 19 September 2002 and like other Council’s General Policies is reviewed every four years, and either amended, readapted or rescinded depending on their relevance over time.

COMMENT:

The Marlin Coast Landscape Master Plan was prepared to examine the Cairns Beaches as a unique feature of Cairns, to define the issues that affect its environmental, functional and visual qualities, and to develop a Landscape Master Plan which will direct the ongoing landscape management of the region. The Marlin Coast Landscape Master Plan forms part of the process of controlling the development and management of coastal areas. It delivers a plan that meets the residential and recreation demands of a rapidly expanding population so that it can be integrated within a fragile and beautiful natural environment.

CONSIDERATIONS:

Corporate and Operational Plans:

Not directly relevant.

Agenda – Ordinary Meeting 26/10/06 - #1244495 22

Statutory and Policy:

General Policies are made under the Local Government Act, they state the Council’s policy position. General Policies are enforceable by Council as reasonable and relevant documents indicating Council’s intent, however they do not have specific statutory weight.

Financial and Risk:

There is no specific cost or risk associated with amending, readopting or rescinding this General Policies.

Sustainability:

Not applicable.

CONSULTATION:

Internal Consultation across Council has been undertaken in particular between Precincts & Facilities, City Assessment and Planning Strategies.

OPTIONS:

There are no apparent amendments to be made to these general policies so the options are to: a) Rescind General Policy 1:04:09 Marlin Coast Landscape Master Plan b) Re-adopt General Policy 1:04:09 Marlin Coast Landscape Master Plan

CONCLUSION:

The General Policy 1:04:09 Marlin Coast Landscape Master Plan is still relevant and should be readopted.

ATTACHMENTS:

General Policy 1:04:09 Marlin Coast Landscape Master Plan

Nikki Huddy Manager Planning Strategies

Peter Tabulo General Manager City Development

Agenda – Ordinary Meeting 26/10/06 - #1244495 23

Attachment

Agenda – Ordinary Meeting 26/10/06 - #1244495 24

Agenda – Ordinary Meeting 26/10/06 - #1244495 25

ORDINARY MEETING 5 26 OCTOBER 2006

AMENDMENT TO PLANNING SCHEME – PROPOSED AMENDMENT TO CAIRNSPLAN (2006, NO. 4) PURSUANT TO SCHEDULE 1 OF THE INTEGRATED PLANNING ACT 1997. MOORE ROAD, KEWARRA BEACH DIV. 12

Lauren Payler: 8/30/25 : #1260287

PROPOSAL : REMOVE THE LOW DENSITY RESIDENTIAL AND CONSERVATION PLANNING AREAS AND INCLUDE IN THE RESIDENTIAL 1, CONSERVATION AND OPEN SPACE PLANNING AREAS TO REFLECT APPROVAL 8/30/25

LOCATION: MOORE ROAD & PANGUNA STREET KEWARRA BEACH

PROPERTY: LOT 15 RP896124 PARISH OF SMITHFIELD

PLANNING DISTRICT: CAIRNS BEACHES

PLANNING AREA: LOW DENSITY RESIDENTIAL & CONSERVATION

PLANNING SCHEME: CAIRNSPLAN

DIVISION: 12

APPENDIX: 1. PLANNING SCHEME AMENDMENT 2. COUNCIL RESOLUTION TO MAKE THE AMENDMENT

Agenda – Ordinary Meeting 26/10/06 - #1244495 26

LOCALITY PLAN

RECOMMENDATION:

That Council resolve to adopt the CairnsPlan amendment (2006, No. 4) pursuant to Section 19 of Schedule 1 of the Integrated Planning Act 1997 . The amendment changes land in the Conservation and Low Density Residential Planning Areas on Lot 15 RP896124 as follows (see attached map skids ref #1258889):

1. Park areas are included in the “Open Space” Planning Area; 2. Allotments over 1000m 2 are included in the “Conservation” Planning Area; 3. All other allotments are included in the “Residential 1” Planning Area;

EXECUTIVE SUMMARY:

The proposed planning scheme amendment is to amend the planning area of Lot 15 RP896124, Parish of Smithfield to reflect the development approval for Reconfiguration of a Lot (1 lot into 61 lots). The proposed amendment will reflect the following planning area designations:

● “Open Space” for park areas; ● “Conservation” for allotments over 1000m 2; and ● “Residential 1” for other allotments.

As the amendment is correcting or changing a grammatical or mapping error in the instrument, the Integrated Planning Act , defines it as a “minor amendment” and exempts it from the consideration of State interests and consultation stage.

Agenda – Ordinary Meeting 26/10/06 - #1244495 27

TOWN PLANNING CONSIDERATIONS:

The application was advertised in 2002, in accordance with the notification requirements of the Integrated Planning Act .

The matter was approved, but was subject to a submitter appeal. The Planning & Environment Court approved the appeal in 2004. As a result of this decision, the landowner made a submission to the draft CairnsPlan while it was on public display. Council subsequently resolved to amend the planning area in accordance with the approved layout.

However, due to an administrative error the amendment was not made to the mapping. Had the amendment been made the mapping would have taken effect on 1 March 2005.

As the amendment is considered minor, no further public consultation or stare interest check is required. Council may now resolve to adopt the amendment.

Lauren Payler Technical Officer Planning Action Officer

Nikki Huddy Manager Planning Strategies

Agenda – Ordinary Meeting 26/10/06 - #1244495 28

APPENDIX 1: PLANNING SCHEME AMENDMENT

Agenda – Ordinary Meeting 26/10/06 - #1244495 29

APPENDIX 2: COUNCIL RESOLUTION SPECIAL MEETING ON THE 13 TH MAY 2004. (see doc. no. 1249504)

9d9d9d Lot 15 RP896124 submission #746017 Barton Pursche Director United Pacific

1. That for Lot 2 RP742321, the planning areas be amended to reflect the approval 8/13/616. Particularly in relation to Open Space. Also allotments over 1000m2 should be included in the Conservation Planning Area and allotments below this size should generally be included in the Residential 1 Planning Area.

2. That for Lot 2 RP742321, include the entire area in the Category 1 (Urban) Hillslopes Designation.

3. That Lot 2 SP123890 below the Category 2 (Urban) Hillslopes Designation shall be included in the Residential 1 Planning Area.

4. That Lot 2 SP123890 above the Category 2 (Urban) Hillslopes Designation shall remain in the Conservation Planning Area.

5. That Lot 2 SP123890 shall remain within Hillslopes Category (Urban) 1.

6. That for Lot 15 RP896124, the planning areas be amended to reflect the approval 8/30/25. Particularly in relation to Open Space. Also allotments over 1000m2 should be included in the Conservation Planning Area and allotments below this size should generally be included in the Residential 1 Planning Area.

7. That for Lot 15 RP896124, include the entire area in the Category 1 (Urban) Hillslopes Designation.

Agenda – Ordinary Meeting 26/10/06 - #1244495 30

ORDINARY MEETING 6 26 OCTOBER 2006

REQUEST TO CHANGE AN EXISTING APPROVAL FOR MATERIAL CHANGE OF USE (CODE ASSESSMENT) – SHOPPING FACILITY & BUSINESS FACILITY – 111-115 GRAFTON STREET, CAIRNS NORTH – DIVISION 6

Barry Volp: 8/7/525-01 : #1252470

PROPOSAL : REQUEST TO CHANGE EXISTING APPROVAL FOR SHOPPING FACILITY & BUSINESS FACILITY

APPLICANT : VYNCAN PTY LTD C/- THE HARTLEY GROUP PO BOX 5939 CAIRNS QLD 4870

LOCATION: 111-115 GRAFTON STREET CAIRNS NORTH QLD 4870

PROPERTY: LOT 12 ON RP744593 PARISH OF CAIRNS

PLANNING DISTRICT: CBD - NORTH CAIRNS

PLANNING AREA: CITY CENTRE

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: NOT APPLICABLE

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: 30 OCTOBER 2006

DIVISION: 6

APPENDIX: 1. REVISED PROPOSAL FOR THE TOP LEVEL 2. ORIGINAL PROPOSAL

Agenda – Ordinary Meeting 26/10/06 - #1244495 31

LOCALITY PLAN

Subject Site

RECOMMENDATION:

That Council approve the Request to Change an Existing Approval with respect to Development Application 8/7/525 for a Material Change of Use (Code Assessment) for Business and Shopping Facilities, contained within a tall building, over land described as Lot 12 on RP744593, Parish of Cairns located at 111-115 Grafton Street, Cairns City, subject to the following conditions:

1. That Condition 1a be amended as follows:

1. The applicant/owner must at all times during development of the subject land carry out 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 The Hartley Group and attached as Appendix 1;

Title Plan Number Date Site & Ground floor Plan SK01 Issue A 19 January 2006 First Floor Plan SK02 Issue A 19 January 2006 Second flor Plan SK03 Issue A 19 January 2006 Third Floor Plan SK04 Issue A 19 January 2006 Fourth Floor Plan SK05 Issue A 19 January 2006

Agenda – Ordinary Meeting 26/10/06 - #1244495 32

Fifth Floor Plan SK06 Issue A 19 January 2006 Fifth Floor Plan WD06 July 2006 Elevations SK07 Issue A 11 March 2006 Elevations WD07 July 2006 Elevations & Section AA SK08 Issue A 11 March 2006 Elevations & Section AA WD08 July 2006

2. That Condition 3 be deleted and replaced with the following condition:

Water Supply and Wastewater 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 suppl y 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 $22,975.82 (5.93 ERAs) for water, and $15,632.41 (5.93 EDCs) f or wastewater.

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

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 $24,525.62 (6.33 ERAs) for water, and $16,686.87 (6.33 EDCs) for wastewater.

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

3. That Condition 4 be deleted and replaced with the following condition:

Community Purpose Infrastructure 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 provision of Community Purpo se Infrastructure.

Agenda – Ordinary Meeting 26/10/06 - #1244495 33

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 $7,032.74 (26.14 EPs) for Community Purpose Infrastructure.

Payment is r equired prior to the issue of a Development Permit for Building Works.

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 $7,609.47 (28.29 EPs) for Community Purpose Infrastructure.

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

4. That Condition 6 be deleted and replaced with the following condition:

Central Business District Car Parking

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 car parking infrastructure for the Cairns Central Business District.

The con tributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total contributions are $414,764.57 (18 Spaces) for development granted a variation to Council’s on -site car parking requirements i n accordance with the provisions of the Parking and Access Code.

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

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 $483,891.99 (21 Spaces) for development granted a variation to Council’s on-site car parking requirements in accordance with the provisions of the Parking and Access Code.

Agenda – Ordinary Meeting 26/10/06 - #1244495 34

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

5. All other conditions and advice of Development Permit 8/7/525 issued 3 July 2006 remain unchanged.

EXECUTIVE SUMMARY:

Council is in receipt of a Request to Change an Existing Approval for a Material Change of Use (Code Assessment) application for Business and Shopping Facilities located at 111-115 Grafton Street, Cairns City, more particularly described as part of Lot 12 on RP744593, Parish of Cairns.

A Development Permit for the refurbishment and vertical extension of an existing 3- storey office building, creating a tall building, was issued on 3 July 2006. The initial approval has not progressed as the applicant’s design engineers have encountered a design issue which this Request to Change seeks to amend. Essentially the modification consists of an additional 136m 2 of floor space to the top floor of the proposed development, such that the area of the top level will be the same as the two proposed levels below.

The proposal satisfies the Performance Criteria of CairnsPlan with the exception of a shortfall in the additional number of carparking spaces generated by the extra 136m 2 of Net Lettable Area proposed. The initial proposal was 18 car parking spaces short and a monetary contribution was applied in lieu of the spaces provided. The proposed amendments subject of this Request to Change generates a demand for three (3) additional spaces. Therefore, a monetary contribution is sought in lieu of these three (3) car parking spaces, thereby bringing the total shortfall to 21. Approval of the application is recommended subject to conditions.

TOWN PLANNING CONSIDERATIONS:

Background

The subject site was subject of Development Permit 8/7/525 that was issued on 3 July 2006. The approval permitted the construction of three (3) additional stories to an existing 3-storey office building, thereby resulting in a tall building as defined in CairnsPlan. The applicant now requests a Change to the Existing Approval to facilitate additional floor space to the top level of the proposed building (nominally referred to as the 5 th level).

Legislative Requirements

The proposal only constitutes a ‘minor change’ in accordance with Schedule 10 of the Integrated Planning Act (IPA) 1997 . Schedule 10 of IPA defines a ‘minor change’ as:

“a change to the approval that would not, if the application for the approval were remade including the change –

Agenda – Ordinary Meeting 26/10/06 - #1244495 35

(a) require referral to additional concurrence agencies; (b) cause development previously requirement only code assessment to require impact assessment; or (c) for a development requiring impact assessment – be likely, in the assessment manager’s opinion, to cause a person to make a properly made submission objecting to the proposal, if the circumstance allowed.”

Council officers are satisfied that the proposed amendments comply with the definition of ‘minor change’ and is therefore, considered to not represent a Material Change of Use.

Proposal

The exiting approval was for three (3) additional levels to the exisiting structure, which comprised a car park on the ground level and two (2) floors above. The 3 additional levels approved by the Development Permit consisted of two (2) levels, each with a floor area of approximately 750m 2, and a top level with a floor area of around 600m 2.

The applicant proposes to add approximately 150m 2 to the rear of the proposed top (5 th ) level such that it has the same area as the two proposed levels below (levels 3 & 4). This change has been deemed necessary because the applicant’s engineers, Colefax and Associates, have discovered that the increased load on the existing building that will be created by the additional levels cannot be distributed appropriately because the proposed top level is currently offset some eight meters at the rear (refer original drawings at Appendix 2). The applicant asserts that the existing building was initially designed to accommodate additional levels. However, the design engineers have affirmed that these levels need to be aligned equally so that loads can be distributed proportionally to the foundations.

Accordingly, the applicant now requests a modification to the size of the top (5 th ) floor so that it aligns with the two levels below. The revised layout is attached at Appendix 1.

Height and Impact of Buildings Code

The Height and Impact of Buildings Code specifies that the site cover in Precinct 1 is to be a maximum of 50% for buildings up to 18m high. Proposed new levels 3 and 4 are just under 18m high and consume 36.5% site cover each. In the initial design, the top (5 th ) level was setback about 8m from the floors below and therefore, had a reduced site cover of 29.5%. This level was initially designed in this manner to comply with the Acceptable Measure of the Code which prescribes a maximum site cover of 30% for levels above 18m in height. Due to the design engineering issues mentioned above, the top floor is now proposed to have the same floor area as the two floors below and as such, will adopt the site cover of 36.5% which is 6.5% greater than that stated in the Acceptable Measures for buildings over 18m high.

Although the proposed alteration exceeds the Acceptable Measure in terms of site cover, it is considered that the proposal complies with the Performance Criteria of the Height and Impact of Buildings Code in that the building:

Agenda – Ordinary Meeting 26/10/06 - #1244495 36

a) does not detract from the continuity of the existing built form; b) defines the linear space of the street; c) does not dominate the streetscape; d) ensures that there is separation between towers; e) ensures that the availability of light and ventilation to towers and adjoining development is maximised; and f) maintains the character of the precinct.

Moreover, the site cover for levels 3 and 4 is only 36.5% which is considerable less than the 50% allowable in CairnsPlan. Had these levels been proposed at the full 50%, the probable impact would be greater than the additional 150m 2 to the rear of the top floor as proposed in this application. The applicant has also provided revised shadow diagrams indicating that any extra shadowing affect created by the addition to the top floor will be minimal.

Car Parking

The initial approved layout was 18 car parking spaces shy of the required amount and a monetary contribution was applied for the shortfall accordingly. The additional floor space proposed in this Request to Change creates a further demand for three (3) additional spaces. As there is no option for these spaces to be physically provided, they are to be levied via a monetary contribution. These 3 spaces now bring the total parking contribution payable to $483,891.99.

HEADWORKS / CONTRIBUTIONS:

The following contributions are applicable to the proposed additions.

Element Comment Calculation Contribution Water District 10 – Inner City: $3,874.51/ERA 6.33 ERA’s x $24,525.62 Business Facilities (per 275m 2 GFA) – 14.4 ERAs $3,874.51 Shopping Facilities (per 275m 2 GFA) – 0.48 ERAs Less Credit Business Facilities (per 275m 2 GFA) – 8.55 ERAs Total Demand: 6.33 ERA’s Waste Water District 24 – City: $2,636.16/EDC 6.33 EDC’s x $16,686.87 Business Facilities (per 275m 2 GFA) – 14.4 EDCs $2,636.16 Shopping Facilities (per 275m 2 GFA) – 0.48 EDCs Less Credit Business Facilities (per 275m 2 GFA) – 8.55 EDCs Total Demand: 6.33 EDC’s Road Not Applicable – Not a residential use. No Contributions Nil Network sought Stormwater District 25 – Cairns Business District: No No contribution Nil Mitigation applicable Drainage Management Plan sought Water District 25 – Cairns Business District: 0.2036 x $3, $1,492.08 Quality $3,664.24/Ha 664.24 x 2.0 Site: 0.2036 Ha Relative Impermeability factor – 2.0

Agenda – Ordinary Meeting 26/10/06 - #1244495 37

Community CBD North Cairns Open Space Management Plan: 28.29x $269 $7,609.47 Purpose $269/Person Shopping/Business Facilities – 65.92 Eps Less Credit Shopping/Business Facilities – 37.632 Eps Total Demand: 28.29 EPs CBD Cairns CBD Carparking Sub-Strategy: 21 x $23,042.48 $483,891.99 Carparking $23,042.48/space Strategy 21 spaces

Barry Volp Planning Officer Action Officer

Simon Clarke Manager City Assessment

Att:

Agenda – Ordinary Meeting 26/10/06 - #1244495 38

Appendix 1 – Revised Proposal for the Top Level

Agenda – Ordinary Meeting 26/10/06 - #1244495 39

Agenda – Ordinary Meeting 26/10/06 - #1244495 40

Agenda – Ordinary Meeting 26/10/06 - #1244495 41

Appendix 2 – Original Proposal

Agenda – Ordinary Meeting 26/10/06 - #1244495 42

Agenda – Ordinary Meeting 26/10/06 - #1244495 43

Agenda – Ordinary Meeting 26/10/06 - #1244495 44

Agenda – Ordinary Meeting 26/10/06 - #1244495 45

Agenda – Ordinary Meeting 26/10/06 - #1244495 46

Agenda – Ordinary Meeting 26/10/06 - #1244495 47

Agenda – Ordinary Meeting 26/10/06 - #1244495 48

Agenda – Ordinary Meeting 26/10/06 - #1244495 49

ORDINARY MEETING 7 26 OCTOBER 2006

MATERIAL CHANGE OF USE (CODE ASSESSMENT) – CHILD CARE CENTRE – 295 BRUCE HIGHWAY, BENTLEY PARK – DIVISION 12

Paul Cohen: 8/7/469-01 : 1148130

PROPOSAL : CHILD CARE CENTRE (300 CHILDREN)

APPLICANT : CITICARE PTY LTD C/- PETER ROBINSON PO BOX 4751 CAIRNS QLD 4870

LOCATION: 295 BRUCE HIGHWAY BENTLEY PARK QLD 4870

PROPERTY: LOT 1 ON RP800900 PARISH OF GRAFTON

PLANNING DISTRICT: WHITE ROCK – EDMONTON

PLANNING AREA: RESIDENTIAL 3

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS – CONCURRENCE AGENCY DEPARTMENT OF COMMUNITIES – ADVICE AGENCY DEPARTMENT OF NATURAL RESOURCES, MINES AND WATER – ADVICE AGENCY

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: 5 SEPTEMBER 2006

DIVISION: 3

APPENDIX: 1. SITE LAYOUT PLAN 2. DEPARTMENT OF MAIN ROADS – CONCURRENCE AGENCY CONDITIONS

Agenda – Ordinary Meeting 26/10/06 - #1244495 50

LOCALITY PLAN

PA ND O RA CL

BENTLEYBENTLEY PARKPARK EDMEDEDM M ONONTON TON

R H O I

A H D W

W LO L A W S

RROOBB RO AD M RROOBBEERRTT RROOAADD

C OOAADD

I N

STREET

S L

I R A

D I U Y S

R E

H S O Y L N C E EE SSESESSE OSEOO LLL 295 BRUCE HIGHWAY CCLOCCLOSC E C LEEE R LLL O E ALE AALE L A A A C D DADDAD D L W WW O O W S R OO E R RROWD O RROWD Y B RRR A

OO W BORROWDALEBBORRBBORROWDALEBORROWDALEBBORR CLO CLOSECLOSE H

Y Y Y

A A A

W W W

H H H

G G G

I I I

S H H H

H H H

H H H T

R E

E E E

E E E E T

C C C

U U U

R R R

R R R D R R R

B B B

A B B B O R D SE DDD O AAA L O C ROADO RROAD RR NNN LINLINLI ROAD HLINHHLI ROAD GGHLINGHLI UUU AAA BENTLEYBENTLEY PARKPARK COLLEGECOLLEGE LAUGHLAUGHLILL CCC MCLMMCLAUGMMCLAUGHMCLAUGHLIN ROAD

RECOMMENDATION:

That General Manager of City Development approve the development application for a Material Change of Use (Code Assessment) for a Child Care Centre (300 Children) over land described as Lot 1 on RP800900, Parish of Grafton located at 295 Bruce Highway, Bentley Park, subject to the following conditions:

Assessment Manager Conditions

a. The approved plans, noted below, prepared by Peter Robinson, dated January 2006 and attached as Appendix 1;

Title Plan Number Date Site Plan and Typical P05-014-02 January 2006 Centre Layout Stages 1-4 Typical P05-014-03 January 2006 Elevations

Agenda – Ordinary Meeting 26/10/06 - #1244495 51

b. The plans, specifications, 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 Council’s Planning Scheme and the FNQROC Development Manual; and

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

Except where modified by these conditions of approval.

Timing of Effect

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

Water Supply and Wastewater 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 $25,857.30 (8.7 ERAs) for water, and $21,976.04 (9.0 ERAs) for wastewater.

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

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 $1,611.06 (1.48 ECAs) for Stormwater Mitigation.

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

Agenda – Ordinary Meeting 26/10/06 - #1244495 52

Stormwater Quality

5. The applicant/owner must contribute in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the 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 $5,539.21 (1.48 ECAs) for Stormwater Quality.

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

Water Supply and Sewerage Works

6. 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, 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 Commencement of Use.

Parking

7. The amount of vehicle parking must be as specified on Plan No. P05-014-02 Rev. A, dated Jan 06, which is a minimum of sixty-one (61) car spaces including three (3) bus parking spaces.

8. The parking layout must comply with Australian Standard AS2890.1 2004 Parking Facilities - off street car parking, in particular but not limited to:

a. The driveway serving the parking area must include a physical means of speed control at the exit point.

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

Parking Construction

9. 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 manoeuvering areas must be imperviously sealed, drained and line marked.

Agenda – Ordinary Meeting 26/10/06 - #1244495 53

Protection of Landscaped Areas From Parking

10. Landscaped areas adjoining the parking area must be protected from vehicular encroachment by a 150mm high vertical concrete kerb or similar obstruction, which must be approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Bicycle Parking

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

Construction Access

12. Vehicular access to the site for construction and demolition purposes must be provided from Borrowdale Close only, unless authorised by the Chief Executive Officer.

Traffic Study

13. The applicant/owner must engage a suitably qualified professional to conduct a Traffic Impact Study for the proposed child care centre. The Traffic Impact Study is to include, but not be limited to:

a. The prediction of road traffic generated by the proposed development; and

b. An intersection capacity analysis for Borrowdale Close and McLaughlin Road; and

c. Prediction of queuing lengths and times associated with the access to and from the proposed development along Borrowdale Close and the increase in queue length at the intersection of McLaughlin Road and Robert Road; and

d. Consideration of all Pedestrian movements.

The report must recommend and provide details on methods of mitigating any adverse impacts as a result of the construction of the child care centre. Any recommendation in the report that details methods for mitigating impacts from the development of the child care centre must be implemented as either external works in addition to the requirements of Condition 14 of this development permit, or internal works as a necessary component of the child care centre prior to the issue of a development permit for building work or operational work as appropriate.

Agenda – Ordinary Meeting 26/10/06 - #1244495 54

Three (3) copies of the Traffic Impact Study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

External Works

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

a. Construct a 2.0 metre wide concrete footpath from the access to the onto Borrowdale Close, extending to the existing footpath in Borrowdale Close adjacent to the Bentley Park College;

b. Construct Borrowdale Close to an Access Street standard, including all road furniture and associated infrastructure, in accordance with the FNQROC Development Manual . The extent of the upgrade shall be from the existing section of Borrowdale Close having kerb and channel to immediately past the proposed access to the child care centre;

c. Provision of a concrete crossover(s) and apron(s) as required;

d. Relocate Ergon energy pole at the front of the subject land to behind the kerb as required.

e. Any works necessary as a result of recommendations of the required Traffic Impact Study as required by Condition 13 of this development permit.

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 Commencement of Works. Such work must be constructed in accordance with the endorsed plan prior to the approval and dating of the Plan of Survey.

Landscaping Plan

15. 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 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 retention of as many existing trees and shrubs as possible (where practical and safe for children of the child care centre) and further planting of trees and shrubs.

Agenda – Ordinary Meeting 26/10/06 - #1244495 55

b. Planting of the footpath with trees, using appropriate species with regard to any site constraints.

c. The provision of shade trees, especially in parks, and to shade western walls.

d. Landscaping of required setback areas

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.

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

Vegetation Clearing

16. Existing vegetation on the subject land, as detailed in the required landscaping plan under Condition 15, must be retained (where practical and safe for children of the child care centre), in all areas except those affected by the construction of buildings, play areas, roadworks/access driveways and car parking areas, and 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.

Screen Fence

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

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.

Agenda – Ordinary Meeting 26/10/06 - #1244495 56

Drainage Study of Site

19. The applicant/owner must undertake a local drainage study on the subject land to determine the drainage effects on upstream and downstream properties and the mitigation measures required to minimise such effects. In particular, the study must address the following:

a. The contributing catchment boundaries;

b. Primary and secondary flow paths for the 5, 10, 50 and 100 year ARI flood events;

c. Identify any requirement for drainage easements;

d. Information on the proposed works and any impacts proposed at the drainage outlet from the proposed development.

The drainage study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work

Stormwater Detention

20. The applicant/owner must 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.

Water Saving

21. 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.

Refuse Storage

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

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

Liquid Waste Disposal

24. At all times liquid wastes must be disposed of to the satisfaction of Cairns Water in accordance with the Environmental Management Plan for Trade Waste.

Agenda – Ordinary Meeting 26/10/06 - #1244495 57

Details Of Development Signage

25. Details of any permanent signage proposed in association with the development must 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.

Advertising Signage

26. Signs on the subject land must conform with Council's Local Law No. 28 (Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer.

External Lighting

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

Crime Prevention Through Environmental Design

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

Health

29. 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).

Demolish Structures

30. All structures not associated with the approved development (including disused services and utilities) must be demolished and/or removed from the subject land prior to Commencement of Use.

Agenda – Ordinary Meeting 26/10/06 - #1244495 58

Street Numbering

31. The development must provide clear and legible signage incorporating the street numbers on letterboxes and the kerbside of Borrowdale Close for the benefit of the motoring public.

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. The applicant/owner is to comply with the Concurrence Agency Conditions contained within the letter dated 28 March 2006, Department of Main Roads reference number 158/10P/102(2467). Council Reference number #1158834.

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

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

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

6. 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:

Council is in receipt of a Development Application for a Child Care Centre at 295 Bruce Highway, Bentley Park, more particularly described as Lot 1 on RP800700, Parish of Grafton. The Child Care Centre is to accommodate 300 children and is situated within the Residential 3 Planning Area. The proposal is considered to be generally consistent with the Performance Criteria and Acceptable Measures of the applicable Codes contained within CairnsPlan. Notably, the proposed development does not meet with Acceptable Measures for Vehicle Parking Numbers. Despite this, the proposed development is considered to meet with the requirements of the Performance Criteria relating to car parking. Further consideration is to be given to the on-street impacts in relation to the functionality of the intersection of Borrowdale Close and McLaughlin Road. A condition relating to conducting a traffic study is placed on the approval. It is recommended that the proposal be approved subject to conditions.

Agenda – Ordinary Meeting 26/10/06 - #1244495 59

TOWN PLANNING CONSIDERATIONS:

Proposal

The proposed development is for a Child Care Centre (300 Children) located at 295 Bruce Highway, Bentley Park more particularly described as Lot 1 on RP800900, Parish of Grafton. The centre will consist of four individual units each with a capacity of seventy-five children. Each of the units will be self-contained with facilities for nursery, toddler, kindergarten and pre-school aged children. Each unit will have separate outdoor play areas. The buildings proposed will be single storey buildings, with a height to the underside of the ceiling of 2.8 metres.

The proposed centres will share the car parking area, which is accessed off Borrowdale Close. The car parking area will contain 61 car parking spaces and 3 bus parking spaces. The proposal also contains provision for bicycle parking.

Impact of Proposal

An assessment of the proposed development against the applicable codes is tabled as follows.

Code CairnsPlan Compliance White Rock - Edmonton Planning District Applicability Planning Residential 3 Area Defined Use Child Care Centre Potential or Actual Acid Sulphate Soil Material Overlay <20m AHD Cairns Airport - Obstacle Limitation Surfaces Overlay Overlay 151m AHD Cairns Airport – Bird & Bat Strike Overlay Area 3 Development Near Major Transport Corridors & Facilities Code Bruce Highway – State Controlled Road Borrowdale Close – Access Place General Excavation and Filling Code Infrastructure Works Code Landscaping Code Complies with Parking & Access Code Performance Criteria – see comments below

Child Care Centre Code

Planning Scheme Provisions Proposed Development Compliance Child Care Centre Code Child Care Centres located in Proposed Child Care Centre Complies Residential 3 Areas, are is located adjacent to Bentley proximate to a school, library or Park College, a P-12 School other community uses. servicing the Edmonton District. Child Care Centre is located on or The proposed development Complies in close proximity to existing or is located within 400 metres

Agenda – Ordinary Meeting 26/10/06 - #1244495 60

future public transport route. of the Bruce Highway, which is a trunk Sun Bus Route. Child Care Centre is located on The proposed development Complies road other than a Local Access gains access from Street or an Arterial Road. Borrowdale Close, an Access Place in the CairnsPlan road hierarchy. Child Care Centre has a minimum Site has an area of 9,886m 2. Complies area of 2,000m 2 where more than 50 children are to be accommodated. In the Residential 3 Planning Proposed buildings have a Complies Area, minimum setback: setback of 6 metres to 6 metres to main road frontage; Borrowdale Close. 3 metres to secondary road frontage. In the Residential 3 Planning No adjoining residential Complies Area, all outdoor play areas have properties. a minimum setback of 2 metres from common boundaries to adjoining premises. 1.8 metre high screen fence is 1.8 metre high fences Complies erected along all side and rear proposed around the subject boundaries. site.

Parking and Access Code

The car parking to be provided for the proposed Child Care Centre is as follows:

• Car spaces - 61 • Bus parking spaces – 3 • Total – 64 car spaces

Based on the proposed development, the Parking and Access Code requires 74 car parking spaces (44 spaces for staff and 1 space for every 10 children). The applicant provides the following representation in the development application in respect of the shortfall of car parking spaces:

Agenda – Ordinary Meeting 26/10/06 - #1244495 61

While the applicant does not provide any further evidence or study to suggest that there is any founded truth in the demand of car parking for the proposal as opposed to complying with the number of car parking spaces required as per CairnsPlan, it should be noted that an assessment against the Parking and Access Code Performance Criteria is warranted.

The Performance Criteria of the Parking and Access Code relating to Vehicle Parking Numbers states:

P1 Sufficient parking spaces must be provided on the site to accommodate the amount and type of vehicle traffic generated by the development of the site, having particular regard to:

a. The desired character of the area in which the premises is located; and

b. The nature and scale of the development; and

c. Accessibility to the premises; and

d. The nature and frequency of public transport serving the area; and

e. Whether or not the development involves the retention of an existing building, particularly an identified historic building, and the previous requirements for car parking for the building; and

f. Whether or not the use involves the retention of other cultural heritage features or significant vegetation; and

g. The different types of vehicles that visit the premises are adequately accommodated.

Of particular interest is items a, b, c and d above.

Desired Character of the Area

The site is located in an area that is dominated by a very large school, commercial development, some detached dwellings and future potential unit style development. It is considered that the shortfall of 10 car parking spaces will not cause a detrimental impact on the amenity of the area particularly due to the frequency and nature of access to the site. The amenity of the area would only be detrimented should the proposal cause an excessive need for car parking at a higher (or more constant) parking demand and “spill out” onto the street. It is considered that the potential for this to occur is very low.

Nature and Scale of Development

Child care centres generally only attract high car parking demands at peak times in the morning and the evening, as opposed to a constant all-day demand. Given the size of the child care centre, coupled with the expected intermittent and low duration of use of each individual car parking space, the number of car parking spaces provided is considered to be adequate as there is not considered to be a high “competition” for obtaining a parking space. The scale of the proposal particularly lends itself kindly to this. While the proponent may potentially have the area to provide the number of car parking spaces as per the requirements of CairnsPlan, there may not be a need to provide that many spaces where such a high demand for spaces is not present.

Agenda – Ordinary Meeting 26/10/06 - #1244495 62

Accessibility of the Premises

The premises has reasonable access to and from adequate road network. While Borrowdale Close is not currently at a standard suitable for access to the site as proposed, conditions relating to external works to upgrade the road have been placed on the approval. These are discussed further below.

Nature and Frequency of Public Transport

As every child in the child care centre must be “signed in” by a parent or guardian, public transport does not play a large role in the car parking rates. However, given that some parents may opt to use public transport to access the site, it should be noted that the site lies adjacent to both the Bentley Park College and Robert Road, which are highly frequented by public transport.

In light of the above it is considered that 61 car parking spaces and 3 bus parking spaces is considered to be adequate to service the demand of the proposal.

Referral Agencies

The proposed development was referred by the applicant to the Department of Main Roads for proximity to the Bruce Highway, the Department of Communities for the proposed use as a Child Care Centre, the Department of Natural Resources, Mines and Water for potential Acid Sulphate Soils and the Environmental Protection Agency for proximity to the Queerah Magazine.

Conditions were forwarded by the Department of Main Roads and are attached as Appendix 2. The Main Roads conditions require an 11 metre x 133 metre resumption on the Bruce Highway frontage for future planning of the Bruce Highway. The Environmental Protection Agency advised that there were no requirements for the Child Care Centre in relation to the Queerah Magazine. The Department of Natural Resources, Mines and Water did not have any requirements for the potential Acid Sulphate Soils.

The Department of Communities did not respond to the development application within the Referral Agency assessment period, Section 3.3.20 (2)(c) of the Integrated Planning Act 1997 , states that the application can be decided as if the Advice Agency responded without any requirements.

HEADWORKS / CONTRIBUTIONS:

The proposed development triggers the following Developer’s Headworks Contributions:

Element Comment Calculation Contribution Water Supply Edmonton Water District 8.7 ERA x $25,857.30 District 15: $2,972.10/ERA (June 2006) $2,972.10 10 Childcare Child (per 30 Children Enrolled) – 10 ERA Less Credit 1 House Lot >1,500m 2 – 1.3 ERA Net Demand: 8.7 ERA

Agenda – Ordinary Meeting 26/10/06 - #1244495 63

Wastewater Edmonton Wastewater District 9.0 ERA x $21,976.04 District 33: $2,441.78/ERA (June 2006) $2,441.78 10 Childcare Child (per 30 Children Enrolled) – 10 ERA Less Credit 1 House Lot >1,500m 2 – 1.0 ERA Net Demand: 9.0 ERA Road Network No Road Network Contributions for Commercial No Nil Uses. contributions sought Drainage – Skeleton Creek Catchment 1.48 ECA x $1,611.06 Mitigation District 33: $1,086.43/ECA (June 2006) $1,086.43 Residential 3 – Relative Impermeability Factor – 1.5 Subject Site Area: 0.9886 Hectares Equivalent Contributing Area (ECA) 1.5 x 0.9886 Net Demand: 1.48 ECA Drainage – Skeleton Creek Catchment 1.48 ECA x $5,539.21 Storm Water District 33: $3,735.39/ECA (June 2006) $3,735.39 Quality Residential 3 – Relative Impermeability Factor – 1.5 Subject Site Area: 0.9886 Hectares Equivalent Contributing Area (ECA) 1.5 x 0.9886 Net Demand: 1.48 ECA Community No Demand for Childcare Centre under Trunk No Nil Purpose Infrastructure Contributions Policy.. contribution sought

Paul Cohen Planning Officer Action Officer

Simon Clarke Manager City Assessment

Agenda – Ordinary Meeting 26/10/06 - #1244495 64

Appendix 1

Agenda – Ordinary Meeting 26/10/06 - #1244495 65

Agenda – Ordinary Meeting 26/10/06 - #1244495 66

Appendix 2

Agenda – Ordinary Meeting 26/10/06 - #1244495 67

Agenda – Ordinary Meeting 26/10/06 - #1244495 68

Agenda – Ordinary Meeting 26/10/06 - #1244495 69

Agenda – Ordinary Meeting 26/10/06 - #1244495 70

Agenda – Ordinary Meeting 26/10/06 - #1244495 71

Agenda – Ordinary Meeting 26/10/06 - #1244495 72

Agenda – Ordinary Meeting 26/10/06 - #1244495 73

ORDINARY MEETING 8 26 OCTOBER 2006

MATERIAL CHANGE OF USE (CODE ASSESSMENT) – INDUSTRY CLASS B – 27-31 FEARNLEY STREET, PORTSMITH – DIVISION 5

Luke Jackson: 8/7/537-01 : 1179363

PROPOSAL : INDUSTRY CLASS B

APPLICANT : TONKIN INVESTMENTS PTY LTD C/- TROY RICHARDSON PO BOX 356 BUNGALOW QLD 4870

LOCATION: 27-31 FEARNLEY STREET PORTSMITH QLD 4870

PROPERTY: LOT 3 ON SP181511 PARISH OF CAIRNS

PLANNING DISTRICT: PORTSMITH - WOREE

PLANNING AREA: INDUSTRY

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: ENVIRONMENTAL PROTECTION AGENCY GPO BOX 2771 BRISBANE QLD 4001

DEPARTMENT OF MAIN ROADS PO BOX 6185 CAIRNS QLD 4870

QUEENSLAND TRANSPORT PO BOX 6185 CAIRNS QLD 4870

ERGON ENERGY PO BOX 358 CAIRNS QLD 4870

NUMBER OF SUBMITTERS: NONE

STATUTORY ASSESSMENT DEADLINE: 30 OCTOBER 2006

Agenda – Ordinary Meeting 26/10/06 - #1244495 74

DIVISION: 5

APPENDIX: 1. SITE LAYOUT PLAN

LOCALITY PLAN

Subject Site

RECOMMENDATION:

That the development application to extend the Industry Class B use (Bulk Steel Warehouse) over land described as Lot 3 on SP 181511, Parish of Cairns located at 27-31 Fearnley Street, Portsmith, be approved subject to the following conditions:

Assessment Manager Conditions

a. The approved plans, noted below, prepared by Tony Hales, dated 15-12- 2005 and attached as Appendix 1;

Agenda – Ordinary Meeting 26/10/06 - #1244495 75

Title Plan Number Date Site Plan 1187-05 15-12-2005 Existing Floor Plan 1187-05 15-12-2005 Elevations 1187-05 15-12-2005 Office Floor Plan 1187-05 15-12-2005

b. The plans, specifications, 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 Council’s Planning Scheme and the FNQROC Development Manual; and

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

Except where modified by these conditions of approval.

Timing of Effect

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

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 $2,178.48 for Stormwater Quality.

Payment is required prior to issuing a Development Permit for Building Work.

Water Supply and Sewerage Works

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

Agenda – Ordinary Meeting 26/10/06 - #1244495 76

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

Parking Signage

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

Bicycle Parking

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

Construction Access

7. Vehicular access to the site for construction and demolition purposes must be provided from Fearnley Street only, unless authorised by the Chief Executive Officer.

External Works

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

a. Provide a bitumen overlay to the access stub to the proposed development to Fearnley Street from Cook Street;

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

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

d. Replace damaged sections of existing kerb and channel along the Fearnley Street access;

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

Agenda – Ordinary Meeting 26/10/06 - #1244495 77

Minimum Fill and Habitable Floor Levels

9. The floor level of the proposed office component must be located a minimum of 150mm above the Q100 flood immunity level of 2.75 metres AHD, in accordance with FNQROC Development Manual, the CBD environs Drainage Management Plan and Planning Scheme requirements.

Note that 150mm is the minimum allowable freeboard. Council’s current records indicate existing ground levels of approximately 2.75 metres.

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

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

Landscaping Plan

10. 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 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.

c. Planting of the footpath with trees, using appropriate species with regard to any site constraints.

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.

Agenda – Ordinary Meeting 26/10/06 - #1244495 78

Lawful Point of Discharge

11. 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.

Installation Of SWM Measures

12. 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).

Water Saving

13. 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.

Refuse Storage

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

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

Details Of Development Signage

16. Details of any permanent signage proposed in association with the development must 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.

Advertising Signage

17. Signs on the subject land must conform with Council's Local Law No. 28 (Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer.

Agenda – Ordinary Meeting 26/10/06 - #1244495 79

External Lighting

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

Crime Prevention Through Environmental Design

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

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

4. The applicant/owner is to comply with the Concurrence Agency Conditions contained within (a) the letter dated 28.09.2006, Queensland Transport reference number CRN-30, (b) letter dated 19 July 2006, Department of Main Roads reference number 158/10P/102(2045.03), and (c) the letter dated 8 August 2006, Environmental Protection Agency App’n: 13247 Part 3, File No: BNE 8272.

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

Agenda – Ordinary Meeting 26/10/06 - #1244495 80

EXECUTIVE SUMMARY:

The proposed development is for a Material Change of Use to convert the use of the site from ship building to bulk steel warehousing at 27-31 Fearnley Street, Portsmith. The proposal includes additions to the existing warehouse buildings to accommodate the intended use. The assessment of the application reveals the proposed industrial use is consistent with the Industrial Planning Area, results in a level of parking which is below the acceptable measure but which is appropriate given the circumstances, provides a minor shortfall in landscaping and that overall the proposal is generally consistent with the relevant requirements under CairnsPlan.

The application is recommended for approval subject to conditions.

TOWN PLANNING CONSIDERATIONS:

Site and Surrounds.

The subject site is located on the north-western side of Fearnley Street and the southern side of Comport Street. The property contains a rectangular shaped lot with an area of 2.056ha that is occupied by four large sheds which were previously used for ship building. The site lies adjacent to the Cairns/Townsville railway line. Access to the site is obtained from Fearnley Street and via an easement through the adjacent property to the south that connects to Cook Street.

The surrounding area contains a variety of industrial buildings including ship building, the sugar terminal and fuel depots.

Proposal

It is proposed to change the use of the existing site from a ship building and repair facility to a bulk steel storage warehouse. The proposal involves the expansion of the existing single level sheds by 2940 sq.m from a current area of 6198 sq.m to 9138 sq.m. A new 380 sq.m office area is proposed as part of the development and access is to be obtained via both Fearnley Street and the access easement through the adjacent property that runs to Cook Street. A large car parking area is located along the southern boundary of the site and contains 70 car parking spaces including four disabled car parking spaces. The proposal will operate from Monday to Saturday and employ 10 people. It is not proposed to raise the floor level of the site as the site is predominantly surfaced and the proposal is to store bulk metal in piles and on racking. No excavation or filling is proposed that would disturb acid sulfate soils.

Landscaping is located to the Fearnley Street frontage at the entrance of the site and existing natural vegetation lines the northern and eastern boundaries.

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

Agenda – Ordinary Meeting 26/10/06 - #1244495 81

Impact of Proposal

Code CairnsPlan Compliance Portsmith Woree District Applicability Planning Industry Area Defined Use Industry B Hillslopes Overlay rrr N/A Vegetation Conservation & Waterway Significance See Discussion Overlay Overlays Below

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 rrr N/A Flood Inundation (ARI 100 year) Overlay Height and Impact of Buildings Overlay rrr N/A Cairns Airport - Obstacle Limitation Surfaces Overlay Cairns Airport – Bird & Bat Strike Overlay Cairns Airport – Primary Light Control Plans rrr N/A Overlay Road Hierarchy Fearnley Street – Access Street Pedestrian & Cycle Movement Overlay rrr N/A Possible Public Transport Corridors Overlay rrr N/A Special Facilities Overlay rrr N/A

Development Near Major Transport Corridors & Facilities Code Excavation and Filling Code Infrastructure Works Code General See Discussion Landscaping Code Below See Discussion Parking & Access Code Below Reconfiguring a Lot Code rrr N/A

Industrial Planning Area

The proposal by definition is considered to be Industry B and is code assessable under CairnsPlan. Under the Industry Planning Area Code, the proposed development is consistent with the relevant Performance Criteria, these being Building Height and Built Form. Under these Criteria, the acceptable measures applying to the proposal are that the height of buildings in the area are not more than 15 metres and that the building setback to the side and rear boundary is 0m. The existing building is 13m in height and has side and rear setbacks ranging between 3.8m and 10m, which is consistent with adjacent and surrounding warehousing. The setback to Fearnley Street is approximately 18m.

Agenda – Ordinary Meeting 26/10/06 - #1244495 82

Landscaping/Vegetation Conservation

The site contains landscaping to the Fearnley Street frontage and natural vegetation is located along the northern and eastern boundaries. The total proposed landscaped area is 1550 sq.m or 7.36% of the site area. Whilst this does not satisfy the acceptable measure in the Landscaping Code (i.e. a minimum 10% of the total site area is to be landscaped) it is recognised that it is difficult to provide additional or effective landscaping given the site is covered almost entirely by large warehouse buildings and imperviously sealed areas. Where landscaping can be provided such that it improves the appearance of the building to the street, it is proposed to be provided (i.e. to the Fearnley Street frontage and along the boundary facing Comport Street). The proposed landscaping is considered appropriate and will result in effective screening of the site from surrounding streets.

The site is located adjacent to the Fearnley Street drain which is identified as a Category 4 waterway. CairnsPlan identifies the minimum widths for Riparian Corridors with a Category 4 waterway requiring 10m measured from the shoulder of the high bank. The existing buildings are located a minimum 32m from the drainage reserve and therefore satisfy the acceptable measure.

Parking

Under CairnsPlan, the parking requirement for Industry B land uses is 1 space per 90 sq.m of net lettable area. The proposal generates a demand for 106 car parking spaces. The site currently contains 70 spaces of which four are disabled spaces. The applicant contends that given demand for parking on their present site, they anticipate that a maximum of 25 spaces for the proposed use would be required.

The operations will employ 10 persons on the site at any one time and the maximum number of car parks required at the front car park for payment of accounts, sales representatives or administration matters at any one time would never exceed 8 persons. Hence the applicant contends that the 70 spaces provided is more than double what would be necessary.

It is considered that the existing car parking is appropriate given the use is for bulk steel storage, the operations will employ a small amount of workers and that the nature of the operations do not generate high volumes of customers to the site. The proposed car park will therefore easily cater for the likely demand generated by the warehouse.

Flooding

The proposed development was referred internally with respect to flooding and no concerns were raised. The proposed addition is to be sited over an existing hard stand area and it is not proposed to fill the site and raise the existing floor levels. The new office component of the development should however be built such that it is flood immune. A condition is to be imposed to reflect this.

Agenda – Ordinary Meeting 26/10/06 - #1244495 83

Referral Agencies

The proposed development was referred to Queensland Transport (as the site abuts a rail corridor), the Environment Protection Agency (as the site is identified as containing contaminated land), the Department of Main Roads (as the site is located within 100m of a State Controlled Road, i.e. Comport Street) and Ergon Energy as a small electricity box is located on the site. All of the Referral Agencies have responded providing comments and conditions except for Ergon Energy. The proposed development does not interfere with the Ergon Energy electricity box in any way and the referral agency has not responded within the IPA time frame.

HEADWORKS / CONTRIBUTIONS:

The proposed development triggers the following Developers Headworks Contribution Calculations:

Element Comment Calculation Contribution Drainage – Fearnley Street Drain Catchment 0.5832 ECA x $2,178.48 Water Quality District: $3,735.39/ECA (R & B - June 2006) $3,735.39 Additional Impervious Area: 0.3240 Hectares Equivalent Contributing Area (ECA): 0.3240 x 1.8 Net Demand: 0.5832 ECA

Luke Jackson Planning Officer Action Officer

Simon Clarke Manager City Assessment

Agenda – Ordinary Meeting 26/10/06 - #1244495 84

Appendix 1: Site Plan, Floor Plans and Elevations

Agenda – Ordinary Meeting 26/10/06 - #1244495 85

Agenda – Ordinary Meeting 26/10/06 - #1244495 86

Agenda – Ordinary Meeting 26/10/06 - #1244495 87

Agenda – Ordinary Meeting 26/10/06 - #1244495 88

Appendix 2. Queensland Transport Concurrence Conditions.

Agenda – Ordinary Meeting 26/10/06 - #1244495 89

Agenda – Ordinary Meeting 26/10/06 - #1244495 90

Agenda – Ordinary Meeting 26/10/06 - #1244495 91

Agenda – Ordinary Meeting 26/10/06 - #1244495 92

Agenda – Ordinary Meeting 26/10/06 - #1244495 93

Agenda – Ordinary Meeting 26/10/06 - #1244495 94

Agenda – Ordinary Meeting 26/10/06 - #1244495 95

Agenda – Ordinary Meeting 26/10/06 - #1244495 96

Agenda – Ordinary Meeting 26/10/06 - #1244495 97

Agenda – Ordinary Meeting 26/10/06 - #1244495 98

Agenda – Ordinary Meeting 26/10/06 - #1244495 99

Agenda – Ordinary Meeting 26/10/06 - #1244495 100

Agenda – Ordinary Meeting 26/10/06 - #1244495 101

Agenda – Ordinary Meeting 26/10/06 - #1244495 102

Agenda – Ordinary Meeting 26/10/06 - #1244495 103

Agenda – Ordinary Meeting 26/10/06 - #1244495 104

Agenda – Ordinary Meeting 26/10/06 - #1244495 105

Appendix 3: Department of Main Roads Concurrence Conditions

Agenda – Ordinary Meeting 26/10/06 - #1244495 106

Agenda – Ordinary Meeting 26/10/06 - #1244495 107

Appendix 4: Environment Protection Agency Conditions (Contamination).

Agenda – Ordinary Meeting 26/10/06 - #1244495 108

Agenda – Ordinary Meeting 26/10/06 - #1244495 109

Agenda – Ordinary Meeting 26/10/06 - #1244495 110

ORDINARY MEETING 9 26 OCTOBER 2006

RESOLUTION OF APPEAL - MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – DUAL OCCUPANCY – 16-18 EDWARD STREET, CAIRNS NORTH – DIVISION 6

Neil Beck: 8/8/692-01 : #1259024

PROPOSAL : RESOLUTION OF APPEAL - DUAL OCCUPANCY

APPLICANT : PAUL OBODIN 16-18 EDWARD ST CAIRNS NORTH QLD 4870

LOCATION: 16-18 EDWARD STREET CAIRNS NORTH

PROPERTY: LOT 83 ON RP845483, PARISH OF CAIRNS

ZONE: RESIDENTIAL

STRATEGIC PLAN: LOW DENSITY RESIDENTIAL

DCP: RESIDENTIAL DENSITIES – 60 PERSONS PER HECTARE – DUAL OCCUPANCY DESIGNATED AREA HEIGHT AND IMPACT OF BUILDINGS – PRECINCT 6

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

REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS

NUMBER OF SUBMITTERS: FIVE

STATUTORY ASSESSMENT DEADLINE: N/A

DIVISION: 6

APPENDIX: 1. APPROVED PLANS

Agenda – Ordinary Meeting 26/10/06 - #1244495 111

LOCALITY PLAN

Subject Site

RECOMMENDATION:

That Council resolve to settle Planning and Environment Court Appeal No 82 of 2006 and remove Condition 3 of Development Approval 8/8/692 issued on 9 February 2006 for the approval of a Dual Occupancy on land described as Lot 83 on RP845483 located at 16-18 Edward Street, Cairns North and that all other matters associated with the settling of this Appeal are delegated to the Mayor, Divisional Councillor and Chief Executive Officer.

EXECUTIVE SUMMARY & DISCUSSION:

Council at its Planning & Environment Committee Meeting held on 9 February 2006 approved an application for a Dual Occupancy on land described as Lot 83 on RP845483 and located at 16-18 Edward Street, Cairns North subject to Conditions. A copy of the approved plans are attached at Appendix 1.

The approval was issued under the previous Planning Scheme being the Planning Scheme for Part of the City of Cairns.

One of the submitters, by Notice of Appeal dated 13 April 2006 contested Council’s decision to approve the application. Council has recently received advice from its solicitors advising that the submitter is willing to settle the appeal subject to the removal of Condition 3.

Agenda – Ordinary Meeting 26/10/06 - #1244495 112

Condition 3 currently reads:-

Limitation of Approval

3. Not more than 5 unrelated persons are permitted to occupy each dwelling unit.

This condition was placed on the approval as a consequence of a submission received against the application, which implied that the existing dwelling was being operated as a Boarding House.

The condition sought to regulate the use of the approved Dual Occupancy to ensure that the use of the dwelling units were consistent with the definition of Household in CairnsPlan which allows for not more than five unrelated persons in one dwelling unit.

It is unclear why the submitter seeks the removal of this condition. However, CairnsPlan will still regulate the use of the approved dwelling units without the condition being in place, so no concern is raised with this request.

The Recommendation has been worded accordingly.

Neil Beck Team Leader

Simon Clarke Manager City Assessment

Agenda – Ordinary Meeting 26/10/06 - #1244495 113

APPENDIX 1

Agenda – Ordinary Meeting 26/10/06 - #1244495 114

Agenda – Ordinary Meeting 26/10/06 - #1244495 115

Agenda – Ordinary Meeting 26/10/06 - #1244495 116

Agenda – Ordinary Meeting 26/10/06 - #1244495 117

ORDINARY MEETING 10 26 OCTOBER 2006

MATERIAL CHANGE OF USE (CODE ASSESSMENT) – CARETAKERS RESIDENCE – 285 CROSSLAND ROAD, GORDONVALE

Paul Cohen : 8/7/388-01 : 1235629

PROPOSAL : CARETAKERS RESIDENCE

APPLICANT : MATTHEW SVENDSEN PO BOX 498 GORDONVALE QLD 4865

LOCATION: 285 CROSSLAND ROAD, GORDONVALE

PROPERTY: LOT 1 ON RP706542

PLANNING DISTRICT: RURAL LANDS

PLANNING AREA: RURAL

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: NOT APPLICABLE

NUMBER OF SUBMITTERS: NOT APPLICABLE

DIVISION: 1

APPENDIX: 1. SITE LAYOUT PLAN

Agenda – Ordinary Meeting 26/10/06 - #1244495 118

LOCALITY PLAN

Proposed Site

RECOMMENDATION:

That Council refuse the development application for a Material Change of Use (Code Assessment) for a Caretaker’s Residence on land described as Lot 1 on RP706542, Parish of Trinity, situated at 285 Crossland Road, Gordonvale on the following grounds:

1. The size of the land is 2.11 hectares, smaller than that determined by Council to be land of appropriate size (4 hectares) for the establishment of Caretaker’s Residences in the Rural Planning Area.

Agenda – Ordinary Meeting 26/10/06 - #1244495 119

EXECUTIVE SUMMARY:

Council is in receipt of a development application for the establishment of a Caretaker’s Residence in the Rural 1 Planning Area on land described as Lot 1 on RP706542, situated at 285 Crossland Road, Gordonvale. The subject land has an area of 2.11 hectares. The owner of the property has a passionfruit farm to the front of the property with the dwelling situated to the rear. To curtail theft, a demountable building was placed on the site such that it was close to the passionfruit so that should an occupant be allowed in the building, that person could keep have casual surveillance of the crop.

The proposal is considered to comply with all applicable CairnsPlan Codes. However, Council has adopted further minimum standards for the establishment of Caretaker’s Residences in the Rural Planning Area. For Council to be consistent with their direction, the development application should be refused on the grounds that the size of the subject land is not sufficient enough to warrant the establishment of a Caretaker’s Residence.

TOWN PLANNING CONSIDERATIONS:

Proposal

The proposal is for the establishment of a Caretaker’s Residence in the Rural 1 Planning Area on land described as Lot 1 on RP706542, situated at 285 Crossland Road, Gordonvale. The subject land has an area of 2.11 hectares.

The proposal is to convert a demountable building, certified as a class 10 building, into a Caretaker’s Residence such that it may become habitable floor. The owner of the property has a passionfruit farm to the front of the property with the dwelling situated to the rear. To curtail theft, the demountable building was placed on the site such that it was close to the passionfruit so that should an occupant be allowed in the building, that person could have casual surveillance of the crop.

The building contains a small kitchen, dining/living area, bathroom, toilet and bedroom. An plumbing is provided on the plan for an open laundry, although a site inspection revealed that this is not used. A laundry area is also available outside the building. A timber deck is attached at the front and rear of the building.

CairnsPlan Assessment

The proposal is consistent with the Performance Criteria and Acceptable Measures of the applicable Codes, including the Rural 1 Planning Area, the Vegetation Conservation and Waterways Significance Code, the Infrastructure Works Code and the Caretaker’s Residence Code.

Caretaker’s Residences in the Rural Planning Area

Although the proposal is considered to be consistent with the Performance Criteria and Acceptable Measures of the applicable CairnsPlan Codes, Council resolved to further clarify where the establishment of Caretaker’s Residences is appropriate. Council resolved to set the following minimum standards for new Caretaker’s Residences:

Agenda – Ordinary Meeting 26/10/06 - #1244495 120

1. A minimum lot size of 4.0 hectares is required for a caretaker’s residence.

2. Caretaker’s residence shall be demountable or relocatable buildings or buildings that may otherwise be reclassifiable into a rural shed if the caretaking function ceases or is no longer required.

3. A caretaker’s residence is limited to a maximum of 100m 2 of habitable floor area, which could be incorporated into part of a farm shed.

4. A caretaker’s residence must be located within 100 metres of the primary residence.

Where a proposed Caretaker’s Residence cannot comply with these minimum requirements, a decision on the Development Application is to be decided at either Council’s Ordinary Meeting or Planning and Environment Committee Meeting.

The proposed Caretaker’s Residence is considered to meet the minimum standards as set by items 2, 3, and 4 above. However, the size of the land is only 2.11 hectares and does not meet the first criterion. The applicant believes that the agricultural practice on the property is a financially viable activity and to curb theft, the size of the land, although below the minimum standard, still warrants the existence of the proposed Caretaker’s Residence.

Conclusion

The proposal complies with the Planning Scheme standards. However, Council has adopted further minimum standards for the establishment of Caretaker’s Residences in the Rural Planning Area. For Council to be consistent with their direction, the development application should be refused on the grounds that the size of the subject land is not sufficient enough to warrant the establishment of a Caretaker’s Residence. The refusal does not render the existing building unlawful. It may continue to be used as a Class 10 building.

Paul Cohen Planning Officer Action Officer

Simon Clarke Manager City Assessment

Agenda – Ordinary Meeting 26/10/06 - #1244495 121

Appendix 1 – Proposal Plans

Agenda – Ordinary Meeting 26/10/06 - #1244495 122

Agenda – Ordinary Meeting 26/10/06 - #1244495 123

Agenda – Ordinary Meeting 26/10/06 - #1244495 124

ORDINARY MEETING 11 26 OCTOBER 2006

RECONFIGURING A LOT (1 LOT INTO 19 LOTS) – CALLUM STREET, MOOROOBOOL – DIVISION 7

Simon Clarke: 8/13/766-01 : #1159713

PROPOSAL : RECONFIGURING A LOT (1 LOT INTO 19 LOTS)

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

LOCATION: CALLUM STREET, MOOROOBOOL

PROPERTY: LOT 552 ON RP750100, PARISH OF CAIRNS

ZONE: RESIDENTIAL

STRATEGIC PLAN: RESIDENTIAL 1

DCP: DCP 1 – RESIDENTIAL DENSITIES – 60 PPH DCP 2 – HEIGHT AND IMPACT OF BUILDINGS – PRECINCT 6 DCP 4 – HILLSLOPES – RESIDENTIAL 3

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

REFERRAL AGENCIES: NONE APPLICABLE

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: EXPIRED

DIVISION: 7

APPENDIX: 1. SITE LAYOUT PLAN

Agenda – Ordinary Meeting 26/10/06 - #1244495 125

LOCALITY PLAN

RECOMMENDATION:

A. That Council refuse the development application for Reconfiguring a Lot (1 lot into 19 lots) over land described as Lot 552 on RP750100, Parish of Cairns located at Callum Street, Mooroobool, on the following grounds:

1. The proposed development does not advance the purpose of the Integrated Planning Act 1997 as set in Section 1.2.3 of the Act in as much as:

a. Council is required to apply the precautionary principle in its decision making process. An approval based on the common material supplied with the application would be contrary to the proper application of the precautionary principle; and

b. the proposal does not avoid the adverse environmental effects of the development, or otherwise lessen those impacts.

2. The land has been subject to land slippage in the past. The “Review of Slope Stability” Report supplied by the applicant does not advise whether the level of risk associated with development of the land is acceptable and places the onus of determining the acceptability of risk on the Council. The Council is not prepared to accept that any further land slippage is an acceptable risk to prospective and existing residents of the area.

Agenda – Ordinary Meeting 26/10/06 - #1244495 126

3. Certain slope stability issues can only be resolved through work on the adjoining land. This work cannot be imposed as a condition of approval. ______

EXECUTIVE SUMMARY:

Council is in receipt of a development application for Reconfiguring a Lot (1 lot into 19 residential lots) at Callum Street, Mooroobool described as Lot 552 on RP750100. The subject site has an area of 2.63 hectares, which will be the last stage of development in the area.

The application has been assessed against the provisions of the Planning Scheme for Part of the City of Cairns as the application was made prior to the commencement of CairnsPlan .

Issues relating to this final part of the former Fairview Estate stretch over a fifteen year period and are made particularly complex due to works under taken on the site; whether such works were in accord with earlier approvals; whether other works have been undertaken outside the scope of the original works and so on. What is apparent is that there have been concerns expressed to Council on a number of occasions from residents in Koppen Terrace in relation to land stability and land slippage at the rear of their premises onto the subject land.

Any approval of the proposed development would need to be under stringent geotechnical regime that would ensure a resolution of these matters. At this stage, Council is in receipt of inconclusive advice with respect to the risks associated with developing the land. Therefore in accordance with the requirements of Section 1.2.3 of the Integrated Planning Act , it is recommended that Council adopt a precautionary approach to the subdivision and refuse the application.

TOWN PLANNING CONSIDERATIONS:

History of Development

The development proposal was originally approved on 25 August 1988 as part of a larger staged subdivision consisting of 55 residential lots. Callum Street is fully constructed and all lots were benched with services provided approximately 15 years ago. However the individual titles in the final stage of the subdivision were never registered and the application subsequently lapsed. The applicant’s consultant states the reason that the titles were never registered was to resolve the extent and form of earthworks required in these lots.

Agenda – Ordinary Meeting 26/10/06 - #1244495 127

The applicant’s consultant also provides the following summary of the history of the development:

● C & B Consultants, by way of letter dated 11 August 1988, applied to Council for approval to subdivide the 55 lots which included the 19 lots in question. ● Council, by letter of 25 August 1988, granted approval. ● Engineering Drawings were submitted on 29 October 1988 and approved by Council on 21 November 1988. Approval was granted subject to additional investigation and design of earthworks at the rear of the lots above Callum Street (previously shown as Bremner Street). ● McPherson Maclean Wargon Chapman (MMWC) arranged for a full geotechnical investigation by DJ Douglas and Partners together with a full detail survey of the hillside below Koppen Terrace. ● From this information, MMWC prepared a computer generated digital terrain model of the hillside, overlaid this with an earthworks design in accordance with the geotechnical advice and prepared drawings including sections at 20 metre intervals, three dimensional views and perspectives from different locations to enable Council to fully appreciate the design of earthworks and the eventual result. ● By letter of 26 November 1991, MMWC submitted all these details to Council, including full geotechnical reports for approval and a Chapter 40 Approval to Carry out the Earthworks was granted in December 1991. ● All other infrastructure, sewer, stormwater, roadworks etc was completed in April 1991 and placed “On Maintenance” and subsequently taken “Off Maintenance” by Council. At the time, Council required extensive soil test results on all allotments, particularly those at lower levels, and a bank guarantee was lodged to guarantee those works for two (2) years or until a residence was constructed on the allotments. As constructed drawings were prepared for sewer and water reticulation and submitted to Council for its records. ● MMCW ( state that they ) submitted a letter to Council on 1 April 1992 expressing concern relating to the uncontrolled concentrating of stormwater discharge onto the balance land from allotments in Koppen Terrace. Council advised that it would investigate the matter further. However MMCW state that no further response was noted in their files. ● MMCW states that it provided a certificate to Council on 7 April 1992 approving and certifying the batter at the rear of 32 Koppen Terrace.

In addition to this background, the residents of Koppen Terrace have made representations to Council and have indicated that they “ support a managed, sustainable development which includes the implementation of site specific development controls, together with advised engineering and geotechnical infrastructure .” The residents claim that they had never encountered any slippage problems prior to April 1992 when, as they calm, additional earthworks were undertaken by the developer which involved “ the disturbance, cutting and redistribution of soils sitting at the base or within their properties .” Furthermore, “ invariably all of these owners ” following the 1992 work “ had experienced slips on their hillslopes within 2 to 3 years of the 1992 additional works .”

Agenda – Ordinary Meeting 26/10/06 - #1244495 128

Conversely MMWC claim that the landslips are due to areas of uncontrolled filling and inadequate, uncontrolled stormwater flow from the lots in Koppen Terrace and further state that “ these problems are not the responsibility of the developer. Previous submissions have been made in this regard and it is considered that this now has no bearing on the approval or otherwise of these allotments. ”

The application is accompanied by a “Review of Slope” report prepared by Douglas Partners. The report assigns a level of risk to various parts of the site and these range from “low” through to “high” in various locations. However, they disclaim their assessment by stating that “ as geo-technical consultants it is not our role to indicate whether or not a particular risk level is acceptable. The AGS Guidelines clearly indicate that it is the responsibility of the owner and regulatory authority (eg Council) to decide what is an acceptable level of risk ”.

The Douglas Partners Report goes on to describe their involvement with the site, descriptions of the land’s stability and past suggestions for remedial works, which have (in their words) never been carried out. It is not clear from their report who should have carried out these remedial works. The Douglas Partners Report goes on to highlight a number of locations were there are potential hazards, most notably:

Cut slopes in Southern Portion of Lots 121 to 124 ● Some properties fronting Koppen Terrace discharge piped stormwater overland onto upper portions of these slopes ● No control of overland stormwater flowing from above, ie from neighbouring properties. Block Retaining Wall at the Rear of 44 Koppen ● Potential landslide hazard Terrace (ie- south of Lot 122) Slopes along southern Boundary of Lot 120 ● Over steep batter of 60 O ● No control of stormwater from neighbouring uphill sites ● Remedial work suggested in 1995 does not appear to have been undertaken ● Landslip debris from 1995 event still evident. Cut slope at the rear of Lots 107 to 116 ● Some leaning trees observed on slope (both upslope and downslope leans, indicating possible previous creep movement)

The report goes on to suggest further remedial works that will then facilitate the subdivision. However some of these recommendations rely on works to be undertaken with the properties that front Koppen Terrace. These lots do not form part of the development application and it is not possible to impose the suggested remedial works onto a third party not involved in the development proposal.

In circumstances such as this, the developer should negotiate with the adjoining land owners to resolve any outstanding matters (disputed or otherwise).

Agenda – Ordinary Meeting 26/10/06 - #1244495 129

Planning Scheme Provisions

The subject site is assessed in accordance with the provisions of the Planning Scheme for Part of the City of Cairns. The following table shows how the land is described in the Planning Scheme:

Complies Planning Scheme Provisions Requirements Yes/No Intent of Zone Residential 1 Yes Intent of Strategic Plan Low Density Residential Yes Hillslopes DCP Precinct 3 See Below Minimum Lot Residential 600m² Yes size Minimum Residential 15m x 20m Yes Rectangle

Hillslopes DCP

The site is contained within Precinct 3 of the Hillslopes DCP. This Precinct requires new development to incorporate underground-reticulated power. Given the existing above ground electricity service that is located along the frontage of the site services existing residences on the northern side of Callum Street via overhead lines, it is not considered appropriate at Council Officer level that this be required.

Aside from the slope stability issues, the development is generally in compliance with the applicable planning requirements.

CONCLUSION

There is sufficient evidence to suggest that the subject land together with the adjoining land has been subject to land slippage problems in the relatively recent past. The expert geo-technical report accompanying the application absolves itself of the responsibility of judging whether the risk of further land stability issues is acceptable, tolerable or otherwise for the proposed reconfiguration. The solutions suggested to resolve stability issues requires that work be undertaken on the adjoining land. Council does not have the ability to impose conditions on the adjoining land. It is therefore concluded that Council does not have an ability to issue a development permit for the reconfiguration and it is recommended that it take a precautionary approach and refuse the development application.

Simon Clarke Manager City Assessment

Peter Tabulo General Manager City Development

Agenda – Ordinary Meeting 26/10/06 - #1244495 130

Appendix 1

Agenda – Ordinary Meeting 26/10/06 - #1244495 131

ORDINARY MEETING 12 26 OCTOBER 2006

WHITE ROCK SEWERAGE RETICULATION – DIVISION 3

Jon Turner:JRT : 24/22/215-01 : #1259614

RECOMMENDATION: That Council provide approval to : 1. Commence the process for the delivery of a gravity sewerage reticulation system to the area of White Rock bounded by Giffin Road, Mission Road, Johnson Road, and the Bruce Highway; 2. Proceed with design and survey of the proposed White Rock sewerage reticulation project; and 3. Secure landowner consent to proceed with survey of the sewerage scheme and locate sewerage infrastructure within private land.

INTRODUCTION:

The area of White Rock bounded by Giffin Road, Mission Road, Johnson Road and the Bruce Highway was rezoned from Low Density Residential to Residential 2 with the adoption of the CairnsPlan.

The area is not serviced by a sewerage scheme and is not within an existing sewerage infrastructure charges district. The existing area is serviced by onsite sewerage treatment and disposal methods that are generally suitable for low density residential development.

Council has received several Development Applications for reconfiguration of lots in the Residential 2 subject area. The continued use of onsite sewerage treatment and disposal methods will limit the ability for Residential 2 development to proceed. Further, the adjacent existing sewerage reticulation scheme that discharges to the Southern Wastewater Treatment Plant (SWWTP), has limited capacity to permit Residential 2 development to connect to the SWWTP catchment.

There is however uncommitted capacity in the existing system conveying sewage to the Edmonton Wastewater Treatment Plant (EWWTP) to accommodate sewage generated by development in the subject area.

Agenda – Ordinary Meeting 26/10/06 - #1244495 132

BACKGROUND:

In order to facilitate Residential 2 development in the subject area, Cairns Water have internally prepared a preliminary planning report for the provision of a gravity reticulation sewerage scheme.

Outcomes of the report are summarised as follows;

- An ultimate population of 1907 equivalent persons has been derived based on 100 persons per hectare permitted in the CairnsPlan for Residential 2 zoning. - A low pressure system is unlikely to be economical compared to a conventional gravity system; - A concept layout based on minimising sewer depths has been prepared and shown in Figure 1 attached. - An existing minor sewerage pump station servicing Kingsley Close can be abandoned, allowing servicing of a greater sewer catchment; - A single pump station can be constructed to service 1900 persons, with discharge directed to the EWWTP sewerage catchment (ie Manhole SK17) on the western side of the highway. - To minimise sewer depths, land will need to be acquired to locate the sewerage pump station at the corner of Fretwell Road and Johnson Street. - Budgetary cost estimates prepared for the scheme amount to $ 526,000 incl. GST.

Agenda – Ordinary Meeting 26/10/06 - #1244495 133

COMMENT:

The subsequent design and documentation of the sewer reticulation in the White Rock area is a detailed process that due to the developed nature of the existing residential area will involve community consultation to secure an acceptable design solution. As part of the consultation it will be necessary to secure landowner consent to undertake the following;

- Route survey of the sewerage scheme; - Approval to construct sewer infrastructure within private land.

The proposed program for the detailed design and survey phase is provided below;

- Council approval to proceed with design and survey 26/10/06 - Letters requesting consent of landowners to undertake survey and secure ‘Approval in Principal’ to construct sewers within property 10/11/06 - Survey work 19/01/07 - Detailed Design and Tender documentation 16/02/07 - Native Title and Cultural Heritage clearance 16/03/07 - Department of Main Roads Approval 16/03/07 - Letters requesting Approval to proceed with Construction in private lands 16/03/07 - Tender for Construction 30/03/07 - Council approval to award Construction Tender April 2007 - Construction and commissioning 23 July 2007

Commissioning of the works by July 2007 will permit:

- Timely implementation of a sewerage scheme to accommodate sewerage loading from Development applications currently under consideration by City Assessment. - Funding for the scheme to span 2006/07 and 2007/08 Financial years.

CONSIDERATIONS:

Statutory

Cairns City Council has no statutory obligation to provide sewerage to the White Rock Residential 2 subject area.

Should Council decide to carry out the construction of the sewerage infrastructure then upon completion the area should be included in the Council’s service area for sewerage in accordance with Section 449 of the Water Act 2000.

Policy:

There is currently no Policy existing for the provision of sewerage reticulation to the Residential 2 subject area.

Agenda – Ordinary Meeting 26/10/06 - #1244495 134

Financial:

Budgetary cost estimates prepared for the scheme amount to $672,200 incl. GST. Provision has been made in the 2006/2007 Capital Works Budget (PCS7302 White Rock Sewerage) for the expenditure required for carrying out design phase and approximately 75% of the construction phase.

Provision is to be made in the 2007/2008 Capital Works Budget for the expenditure required to complete the construction phase of this project.

Social:

Refer Consultation.

CONSULTATION:

The Divisional Councillor has been consulted.

Cairns Water are proposing to undertake the following consultation; - Letters requesting consent of landowners to undertake survey and secure ‘Approval in Principal’ to construct sewers within property - Letters requesting Approval to proceed with Construction in private lands - Secure Native Title and Cultural Heritage clearance - Secure Department of Main Roads Approval

OPTIONS:

Council has no obligation to implement a sewerage scheme within the White Rock area. The do nothing option is therefore available to Council.

In the absence of Council intervention, it will be borne on each of the development proponents as part of the Development Approval process to show how their properties will be sewered. A number of options are available to the Developers, namely;

Option Comment Implement advanced on - Places a significant burden on the ability of the site treatment to permit landowners to subdivide to Residential 2 disposal on site Construct external - Places significant cost burden on the landowner. sewerage works to an - Greater likelihood of ad hoc sewerage planning in existing point of discharge White Rock due to individual developers constructing separate external works - Council will ultimately own the external works and carry the liability of poor sewerage planning Multiple developers enter - Improves sewerage planning based on capturing into Infrastructure larger sewer catchment Agreement to construct - Reliance on foresight of developers to broker external works agreement to construct works

Agenda – Ordinary Meeting 26/10/06 - #1244495 135

Maintain low density - Cairns Water are presently refusing applications for residential landuse conventional onsite sewerage treatment and disposal systems due to adverse ground conditions that can lead to environmental harm

To accommodate the predicted development and to adopt an integrated approach to the orderly provision of Sewerage infrastructure, the preferred option is as follows;

- Undertake survey, design and cost the scheme - Secure Council approval to designate the subject area as a declared sewerage area; - Formulate an Infrastructure Agreement apportioning costs of the scheme to each parcel within the declared area based on a fair apportionment basis; - Tender and construct the scheme - Condition Development Approvals for parcels within the declared area to negotiate with Cairns Water to enter into a Infrastructure Agreement where infrastructure costs can be fairly apportioned.

CONCLUSION:

It is recommended that:

1. Approval be given to commence process for the delivery of a gravity sewerage reticulation system to the area of White Rock bounded by Giffin Road, Mission Road, Johnson Road, and the Bruce Highway ; 2. Proceed with design and survey of the proposed White Rock sewerage reticulation project; and 3. Secure landowner consent to proceed with survey of the sewerage scheme and the location of sewerage infrastructure within private land.

Jon Turner Executive Engineer – Planning and Design

Bruce Gardiner General Manager Cairns Water

Agenda – Ordinary Meeting 26/10/06 - #1244495 136

ORDINARY MEETING 13 26 OCTOBER 2006

LOCAL COUNCILS PARTNERING TO HOST THE REGIONAL ARTS DEVELOPMENT FUND STATE CONFERENCE – NOVEMBER 2007

Ruby Wingrove: RW: #1259768: 10/25/1-04 #1259768

RECOMMENDATION:

That Council approve to seek partnership with a neighbouring local Council and apply to host the Regional Arts Development Fund State Conference November 2007.

INTRODUCTION:

Arts Queensland is calling for Expression of Interest from Councils who are interested in hosting the 2007 State Regional Arts Development Fund (RADF) Conference in partnership with a neighbouring Council. Expressions of Interest from individual councils will not be considered for this conference.

BACKGROUND:

RADF is a partnership between state and local government. Its key stakeholders are Arts Queensland, local Councils, RADF Committees and regional and remote committees and their arts and cultural workers. Through its operation, local government works in partnership with Arts Queensland in regional communities, improving the quality of life and generating a potent force for regional renewal.

COMMENT:

There are a number of benefits that accrue to regions hosting the RADF State Conference. These include economic benefit to the region of the host Councils, generated through an anticipated participation of 250 conference delegates expenditure on accommodation, meals and incidentals. There is a noticeable social and community benefit for local groups and businesses that may support the conference such as catering companies, taxis, public transport and fundraising for local community groups. Specifically for the arts and cultural community there are immediate, mid and long-term benefits associated with a conference by working and networking with other arts, cultural and RADF Officers from around the state.

Agenda – Ordinary Meeting 26/10/06 - #1244495 137

Additionally, host councils can showcase their artists and cultural workers and facilities.

The Cairns City Council RADF Program is held in high regard across Queensland for the consistent quality of the work produced by its arts and cultural community. Council are fortunate to have a number of nationally, regionally and internationally renowned artists residing in the geographical area of Cairns City Council. RADF also assists arts and cultural workers in their commencement of and continuation of their mid-term career prospects and aspirations as well as contributing to established artists and their proposals, often in a joint funding environment with local and federal funding.

Currently the Arts and Cultural Planning and Development Officer, is seeking cooperation and commitment from the Mareeba Shire Council to partner the Expressions of Interest proposal. Mareeba Shire Council has been targeted because of Kuranda’s close proximity to Cairns. Additionally, the Cairns RADF Committee attract applications from artists and cultural workers from the Mareeba Shire for proposals that are based in Cairns either with galleries, in festivals or in our own Tanks Art Centre venues.

The Expression of Interest proposal will indicate the level of in-kind support that the Cairns City Council and the Mareeba Shire Council. We would be proposing that the Tanks Art Centre host the conference dinner.

Once the Host Councils have been announced, a conference sub-committee chaired by Arts Queensland and consisting of representatives of the host councils, the Local Government Association of Queensland, three other councils and an artist or arts worker, will develop the conference program, as well as provide advice on related matters.

CONSIDERATIONS:

Corporate and Operational Plans:

This proposal is linked to the Corporate Plan in a number or ways:

6.3.3 Undertake initiatives to improve social connections in order to create more supportive local communities.

6.6 Ongoing arts, cultural and library activities that add value to the life of residents and visitors alike.

To achieve this, Council will:

6.6.1 Work with arts providers across the region to ensure a diverse arts program is delivered to meet the needs of the widest number of people for the best application of the resources available.

8.3 More effective relationships exist between Council and other government agencies and non-government (NGOs) to undertake and share the results of community engagement activities and programs that are of benefit to the community, and of shared interest to the Council and its partner/s.

Agenda – Ordinary Meeting 26/10/06 - #1244495 138

8.4 More effective Council involvement in community education and in the promotion of Council’s various activities

Policy:

A Defining Principle of Creative Cairns – building arts and cultural industry are

7.2 Objective

• “Develop closer ties between the arts, tourism, business and trade authorities. Industries with strong links to the communities they operate within not only promote and enrich create thinking and quality of the life of the community they can create employment and make a significant contribution to the economy.”

• 1.4 “ The impact Council actions have on the delivery of arts and cultural services, with the commitment to the notion that art and cultural activity at all levels, contributes to the wealth of Cairns both financially and socially.”

Financial and Risk:

Should Council endorse this proposal Council’s contribution would be in terms of in-kind support. Council could consider portioning a cash sponsorship if they believed it was warranted. In-kind support would total be approximately two hundred hours of staff time - to the total value of $8,978.00.

Sustainability:

Considerations that will impact Council:

• Encouraging and facilitating environmentally sustainable economic, social and cultural development and prosperity for Cairns.

CONSULTATION:

Initial consultation by way of email and telephone conversations have occurred with the Corporate Services Manager at Mareeba Shire Council who is communicating with their RADF Officer and a decision will be made by the end of this week, whether or not Mareeba Shire Council would agree to partner with Cairns City Council. Communications have also occurred with Councillor Margaret Cochrane who now sits on the RADF Committee. Communications with Arts Queensland will commence as soon as Council secure a partnering Shire.

OPTIONS:

1. Council applies to host the RADF Conference 2007 2. Council decides not to apply to host the RADF Conference 2007.

Agenda – Ordinary Meeting 26/10/06 - #1244495 139

CONCLUSION:

This Conference will benefit Cairns as a city as well as the arts and cultural community of both Mareeba and Cairns. It will build on existing collaborations and create a collaborative partnership between the two Councils.

This conference will give Cairns City Council the opportunity to showcase its facilities specifically the Tanks, Cairns Regional Gallery and Civic Theatre as the delegates will include high-level industry professionals, Council staff and Councillors from other geographical areas in the state. In addition, local businesses and local tourism ventures will benefit by the 250 delegates spending their money and time in Cairns. Local arts and cultural groups will be given the opportunity to present work at the conference, form partnerships and establish networks with other arts professionals.

ATTACHMENTS:

Arts Queensland Expressions of Interest Package.

Ruby J. Wingrove Arts & Cultural Planning & Development Officer

Leslie Sparkes Manager Community & Cultural Development

Agenda – Ordinary Meeting 26/10/06 - #1244495 140

Attachment: Arts Queensland Expressions of Interest Package

Agenda – Ordinary Meeting 26/10/06 - #1244495 141

Agenda – Ordinary Meeting 26/10/06 - #1244495 142

Agenda – Ordinary Meeting 26/10/06 - #1244495 143

Agenda – Ordinary Meeting 26/10/06 - #1244495 144

ORDINARY MEETING 14 26 OCTOBER 2006

OPTIONS FOR IMPROVING QUEENSLANDS INTEGRATED PLANNING ACT 1997 AND THE INTEGRATED DEVELOPMENT ASSESSMENT SYSTEM

Deborah Wellington : 1/55/1-06: #1257206

RECOMMENDATION:

That Council forward the attached submission to the Department of Local Government, Planning, Sport and Recreation in response to the discussion paper on the options for improving Queenslands Integrated Planning Act 1997 and the Integrated Development Assessment.

INTRODUCTION:

The Department of Local Government, Planning, Sport and Recreation (DLGPSR) are seeking comments on a discussion paper, which outlines options for improving the Integrated Planning Act 1997 (IPA) and Integrated Development Assessment System (IDAS).

The closing date for submissions is the 3 November 2006.

BACKGROUND:

A full review of IPA and IDAS was initiated in February 2006 to determine the key issues of concern to stakeholders and actions required to improve IPA and IDAS over the short, medium and long term. To date the process has largely focused on engaging with key stakeholders.

The discussion paper represents the next stage in the review process.

COMMENT:

The discussion paper is structured to cover seven topics including:

1. Stakeholder engagement 2. State and Regional Planning 3. Local Government Planning Policy 4. Infrastructure Planning and Charging 5. Integrated Development Assessment System (IDAS) 6. Dispute Resolution 7. Building Capacity

Agenda – Ordinary Meeting 26/10/06 - #1244495 145

The attached submission incorporates comments from the Far North Queensland Regional Organisation of Council’s (FNQROC), the Local Government Association of Queensland (LGAQ) working group and Cairns City Council specific comments.

Cairns City Council endorses the comments provided by FNQROC and had direct input into the LGAQ working group comments. The attached submission will be forwarded to the DLGPSR for consideration.

CONSIDERATIONS:

Corporate and Operational Plans:

Improvements to IPA and IDAS support the Community and Land Use Planning Goal of the Corporate Plan by ensuring the legislation is responsive and continues to be relevant and effective into the future.

Statutory:

The Integrated Planning Act provides the framework for Queensland planning and development assessment process. Since it commenced in March 1998, the IPA has undergone significant legislative and administrative change and has been amended 69 times.

Sustainability:

Sustainability is one of the key principles that underpin IPA – seeking to balance economic, social and environmental aspects.

CONSULTATION:

The DLGPSR held a workshop on the proposed changes, which was attended by Cairns City Council staff. The Local Government Association of Queensland formed a working group to review the proposed changes and Mr Peter Tabulo was a representative on that working group. FNQROC has undergone consultation with the ROC Council’s to form their comments.

OPTIONS:

Council has the option to respond to the discussion paper and send the attached submission to DLGPSR or not respond.

CONCLUSION:

It is recommended that Council forward the attached submission to the DLGSR for consideration in the IPA/ IDAS improvement project.

Agenda – Ordinary Meeting 26/10/06 - #1244495 146

ATTACHMENTS:

Submission to DLGPSR.

Debbie Wellington Team Leader Strategic Planning

Nikki Huddy Manager Planning Strategies

Peter Tabulo General Manager City Development

Agenda – Ordinary Meeting 26/10/06 - #1244495 147

Agenda – Ordinary Meeting – 26/10/06 - #1244495 148

Agenda – Ordinary Meeting – 26/10/06 - #1244495 149

Agenda – Ordinary Meeting – 26/10/06 - #1244495 150

Agenda – Ordinary Meeting – 26/10/06 - #1244495 151

Agenda – Ordinary Meeting – 26/10/06 - #1244495 152

Agenda – Ordinary Meeting – 26/10/06 - #1244495 153

Agenda – Ordinary Meeting – 26/10/06 - #1244495 154

Agenda – Ordinary Meeting – 26/10/06 - #1244495 155

Agenda – Ordinary Meeting – 26/10/06 - #1244495 156

Agenda – Ordinary Meeting – 26/10/06 - #1244495 157

Agenda – Ordinary Meeting – 26/10/06 - #1244495 158

Agenda – Ordinary Meeting – 26/10/06 - #1244495 159

Agenda – Ordinary Meeting – 26/10/06 - #1244495 160

Agenda – Ordinary Meeting – 26/10/06 - #1244495 161

Agenda – Ordinary Meeting – 26/10/06 - #1244495 162

Agenda – Ordinary Meeting – 26/10/06 - #1244495 163

Agenda – Ordinary Meeting – 26/10/06 - #1244495 164

Agenda – Ordinary Meeting – 26/10/06 - #1244495 165

Agenda – Ordinary Meeting – 26/10/06 - #1244495 166

Agenda – Ordinary Meeting – 26/10/06 - #1244495 167

Agenda – Ordinary Meeting – 26/10/06 - #1244495 168

Agenda – Ordinary Meeting – 26/10/06 - #1244495 169

Agenda – Ordinary Meeting – 26/10/06 - #1244495 170

Agenda – Ordinary Meeting – 26/10/06 - #1244495 171

Agenda – Ordinary Meeting – 26/10/06 - #1244495 172

Agenda – Ordinary Meeting – 26/10/06 - #1244495 173

Agenda – Ordinary Meeting – 26/10/06 - #1244495 174

Agenda – Ordinary Meeting – 26/10/06 - #1244495 175

Agenda – Ordinary Meeting – 26/10/06 - #1244495 176

Agenda – Ordinary Meeting – 26/10/06 - #1244495 177

Agenda – Ordinary Meeting – 26/10/06 - #1244495 178

Agenda – Ordinary Meeting – 26/10/06 - #1244495 179

Agenda – Ordinary Meeting – 26/10/06 - #1244495 180

Agenda – Ordinary Meeting – 26/10/06 - #1244495 181

Agenda – Ordinary Meeting – 26/10/06 - #1244495 182

Agenda – Ordinary Meeting – 26/10/06 - #1244495 183

Agenda – Ordinary Meeting – 26/10/06 - #1244495 184

Agenda – Ordinary Meeting – 26/10/06 - #1244495 185

Agenda – Ordinary Meeting – 26/10/06 - #1244495 186

Agenda – Ordinary Meeting – 26/10/06 - #1244495 187

Agenda – Ordinary Meeting – 26/10/06 - #1244495 188

Agenda – Ordinary Meeting – 26/10/06 - #1244495 189

Agenda – Ordinary Meeting – 26/10/06 - #1244495 190

Agenda – Ordinary Meeting – 26/10/06 - #1244495 191

Agenda – Ordinary Meeting – 26/10/06 - #1244495 192

Agenda – Ordinary Meeting – 26/10/06 - #1244495 193

Agenda – Ordinary Meeting – 26/10/06 - #1244495 194

Agenda – Ordinary Meeting – 26/10/06 - #1244495 195

ORDINARY MEETING 15 26 OCTOBER 2006

BRAMSTON BEACH WATER AND WASTEWATER PLANNING REPORT

Jon Turner:JRT : #1259835

RECOMMENDATION: It is recommended that Council ; - Consider the outcomes of the Report for Bramston Beach Integrated Water Management Planning – Water and Sewerage, October 2006 ; - Commence the process leading to the implementation of the preferred option involving ;

~ Retaining and upgrading of Joyce and Worth Creek intakes; ~ Abstraction bore field in the area of the Russell River; ~ Water treatment plant; ~ Potable water distribution system to all new residences; ~ Low pressure sewerage system; ~ Centralised sewage treatment plant equipped for nutrient removal including storage; ~ Effluent disposal system to Russell River; ~ Water saving devices for all new residences; ~ Reticulation of non-potable supply through dual pipe system to new and existing residences.

- Further develop the economic models presented in the Planning Report towards securing a funding process for the scheme;

- Upon adopting a funding process for the scheme, finalise the Planning Report for submission to DLGPSR to secure subsidy for the capital works.

INTRODUCTION:

In February 2005, Council resolved to commence the following undertaking:

“That a planning report be prepared on the feasibility and necessity of providing a wastewater collection, treatment and disposal system for Bramston Beach.”

Agenda – Ordinary Meeting – 26/10/06 - #1244495 196

In February 2006, Council resolved to:

“That Council award Consultancy No. CW29/2005 to prepare the Planning Reports for the Bramston Beach Water Supply Upgrade and Sewerage Scheme for the lump sum amount of $ 148,638.00 exclusive of GST to GHD Pty Ltd.”

Council are now in receipt of a Final Draft copy of “Report for Bramston Beach Integrated Water Management Planning – Water and Sewerage Planning”, October 2006.

Outcomes of the report have been reviewed by Cairns Water Officers and are presented herein.

BACKGROUND:

Bramston Beach is a small coastal community located 60 kilometres south of Cairns and just east of the Bellenden Ker Range. The area contains extensive areas of high ecological integrity with some of the highest biodiversity in the Wet Tropics. The area has a high rainfall and tropical climate.

Bramston Beach is currently serviced by a water supply system that is comprised of a reservoir and intakes at Joyce and Worth Creeks. The area is unsewered, and relies on onsite sewerage treatment and disposal methods.

Existing water supply and sewerage systems in Bramston Beach have operated adequately, largely due to the low population in the area. However with the anticipated increase in population, development of reliable, sustainable and environmentally acceptable water supply and sewerage systems will be necessary to service the growing community. The anticipated increase in population is reflected by the recent increase in property market values and development applications currently received by Cairns City Council.

Population growth estimates are forecasting a population of 4 400 people on 1440 allotments by the year 2026.

In the face of this impending development are State Government Policies requiring all communities contributing to the Great Barrier Reef Marine Park catchment to implement a sewerage system by 2010. Further the continued use of septic tank systems are no longer supported by the Wet Tropical Coast Regional Coastal Management Plan.

The key objective of the planning report was to plan a suitable integrated water supply and sewerage solution for a 20-year horizon considering the area’s environmental significance, spatial constraints and water resource limitations. Other key tasks completed as part of this study include:

Agenda – Ordinary Meeting – 26/10/06 - #1244495 197

1. Assessment of the impact of the anticipated population growth on the water supply and sewerage systems; 2. Identification and evaluation of the potential alternative water resources; 3. Identification and assessment of options for upgrading the water supply system taking into consideration opportunities for water saving, recycling and other non- conventional sources; 4. Identification and assessment of options for providing reticulated sewer collection, treatment and disposal including opportunities for effluent reuse; 5. Identification of relevant environmental factors, policies to be considered in the evaluation of options; 6. Triple bottom assessment and economic modelling of options; and 7. Assessment of the implications of the solution in terms of capital, running costs, health, maintenance issues, funding requirements, impact on ratepayers as well as pricing structures.

COMMENT:

Water sources

Nine water source options were considered involving both conventional and integrated water supply solutions.

The existing supply from Joyce and Worth Creeks augmented with groundwater was found to be the most cost effective solution based on Net Present Value evaluation. Recycling of treated effluent also forms part of the integrated solution to reduce freshwater abstraction demands.

Detailed investigation of the groundwater resource is required to be undertaken. If it proves to be not feasible due to quantity or quality constraints, the Russell River has been identified as a fall back position for water supply albeit with increased treatment costs.

Water distribution

Two options were considered i.e. dual (potable and non potable) and single (potable only) supply. The dual supply is capital intensive but has compensatory benefits i.e.

1. Lower potable water demand and hence less impact on water sources; 2. Reduced volume of effluent that needs to be discharged to the environment; and 3. Enhance prospects of obtaining environmental approvals and securing subsidy.

Sewage conveyance

A low-pressure sewerage reticulation system is reported to be the most cost effective solution based on Net Present value evaluation.

Agenda – Ordinary Meeting – 26/10/06 - #1244495 198

Sewage treatment

Based on a triple bottom line assessment and outcomes of the economic evaluation, a centralised treatment facility at Bramston Beach is reported to be the most suitable option.

The option also permits the beneficial reuse of treated effluent through a dual pipe system. Planning considered the merits of nutrient removal commensurate with both standard BNR and advanced BNR processes. Standard BNR removal may be acceptable for load based licensing if EPA are satisfied the impact on the receiving environment is equivalent to or better than advanced BNR treatment. Load based licensing is however only applicable if reuse occurs. Further studies will be required to determine the assimilative capacity of the Russell River receiving waters.

Advanced on-site treatment systems are reported as not appropriate for Bramston Beach given the following;

1. Reliability of operation and maintenance that will typically be the responsibility of the home owner; 2. Reliability of intermittent operation under varying load conditions associated with holiday residences; 3. Based on anticipated population growth, there is insufficient irrigation area at the scale of residential lots to accommodate the increased effluent loads; 4. Allocation of liability if system failure occurs; 5. Activated sludge type systems needs operational control which will be difficult on a decentralised basis; 6. System failure will have serious consequences given the environmental sensitivity of the area; 7. Economically not justified. Whilst marginally more capital intensive, the dual reticulation option with a centralised treatment plant is reported to have a lower overall Net Present Value.

Recycling

Recycling of water through a dual pipe system is reported to be the most appropriate solution based on a Triple Bottom Line assessment which noted:

1. The volume of effluent will be reduced with an associated reduction of the impact on the environment and potential for load based licensing; 2. The volume of potable water required will be reduced, thereby limiting delivery infrastructure; 3. The environmental sustainability of the scheme will be enhanced; and 4. Prospects for environmental approval and subsidy will be enhanced.

Recycling of water will be achieved through a dual pipe system from the sewage treatment plant to a non-potable reservoir. The non-potable water will be distributed through a dual pipe system to the existing and new residences. New residences should provide for a non-potable connection to the house for toilet flushing. All open areas within Bramston Beach will further be reticulated for irrigation, which will further increase the beneficial reuse.

Agenda – Ordinary Meeting – 26/10/06 - #1244495 199

Effluent Disposal

The most likely effluent disposal site was identified as the Russell River in consultation with EPA, GBRMPA, and WTMA. This will however require further studies to confirm the specific location of the disposal point as well as the quality of the treated effluent.

CONSIDERATIONS:

Corporate and Operational Plans:

The project fits broadly under the Caring for the Environment goal and the Our Water Supply Strategy 5.1 – Secure and timely access to additional quality sources of water, with sources and secured with minimal harm to the natural environment.

Statutory:

The preferred option will require further investigation and approvals from relevant authorities including WTMA, EPA and potentially DEH.

Policy:

No specific policy impacts at this stage.

Financial:

Project Costs

Cost estimates of the various water and sewerage options wewre developed and are summarised in the table below.

Costing Elements Base Case Option 1 Option 2 Option 3 Option 4 Single supply Dual Supply Single Supply STEP system STEP system and disposal at and disposal at and transfer to and transfer of local treatment Russell Russell Babinda effluent to and transfer of Babinda effluent to Russell Trunk infrastructure $ 13,459,000 $ 14,790,000 $ 22,201,000 $ 13,723,000 $ 10,802,000 cost after subsidy*

The subsidy is based on the Local Government Bodies Capital Works subsidy Guidelines.

Based on standard subsidy (i.e. 40% Trunk infrastructure, 50% Recycle) the capital cost for the preferred option (Option 1) will amount to approximately $ 14.8 million (excl GST) after subsidy.

Agenda – Ordinary Meeting – 26/10/06 - #1244495 200

Assessment of the staged implementation of the preferred option has been undertaken and presented in the table below.

Projected Expenditure $ (million) Element 06/07 07/08 08/09 09/10 10/11 Additional studies $ 0.5 Sewage treatment plant and storage $ 0.5 $ 3 Russell River Disposal pump station and $ 2 main Water Treatment Plant & $ 0.9 Maximise Joyce and Worth capacity Implementation of Borefield on Coastal $ 0.7 edge Implementation of Borefield and raw $ 0.3 $ 0.7 water main at Russel River valley Water supply trunk infrastructure $ 1 $ 1 $ 1.5 $ 0.7 (Potable and non potable) Sewerage Trunk Infrastructure $ 0.7 $ 0.7 $ 0.5 Annual Capital Expenditure $ 0.5 $ 1.5 $ 8.3 $ 2.5 $ 1.9

The forecasted project expenditure is based on the following priorities;

Priority 1 Further investigations to validate Planning Report assumptions; Priority 2 Sewerage Treatment and Disposal; Priority 3 Upgrading of Joyce and Worth Creek and water treatment capability; Priority 4 Infrastructure that is dependent on localised development, i.e. trunk infrastructure to service specific developments ; and Priority 5 Infrastructure that is dependent on overall growth i.e. upgrading of raw water supply i.e. bore field and supply main.

The following Provisions have been made in the 06/07 Capital Works Budget;

PCW7507 $20,551 – Sewerage Scheme Planning Report PCS7504 $45,416 – Water Supply Scheme Planning Report PCS8502 $750,000 – Part of Water and Sewerage scheme Planning Report including studies required as an outcome to the Bramston Beach Planning Report.

Cairns Water’s 10 year cashflow forecast includes a total provision of $ 1.7M spanning 3 years to 2008/09.

Agenda – Ordinary Meeting – 26/10/06 - #1244495 201

Financial Sustainability

The financial sustainability of the preferred scheme was evaluated based on various funding mechanisms, namely;

Scenario 1 Standard Council rates and charges; Scenario 2 Standard Council rates and charges plus an additional utility charge Scenario 3 Standard Council rates and charges plus additional subsidy

Outcomes of the analysis indicate the following;

- There is an initial deficit in cash flow due to the take up rate of development delaying recovery of trunk infrastructure contributions. As the population increases the deficit reduces with a breakeven at around year 12 based on the scenarios considered. - Based on standard Council rates the cost to capital (includes loan financing, excludes depreciation) will be recovered after 20 years. Insufficient funds are however available to fund depreciation.

If Councils objective is to fund depreciation, the following options exist to improve financial sustainability;

- A utility charge of approximately $ 550/ERA per annum must be applied in conjunction with normal subsidy and Council standard rates; - External subsidy must be increased to in excess of 60% of the project cost, if standard Council rates remain applicable;

Based on current Small Communities Assistance Program (SCAP) Guidelines, a minimum threshold rate for assistance of $ 1040/ERA for water and sewerage is applicable. Based on the financial scenarios, it is unlikely SCAP subsidy is applicable.

Social:

A fourth community consultation meeting is scheduled upon approval of the preferred option in order to relay back to the Community, how the preferred option would be delivered.

CONSULTATION:

A staged community consultation process was undertaken with the Bramston Beach community with the purpose of:

- Informing the community of the study; and - Obtaining information, views and preferred options from the community to be incorporated into the final outcomes;

Agenda – Ordinary Meeting – 26/10/06 - #1244495 202

Three meetings were held that were attended by the Councillor, Residents, Cairns Water officers and GHD engineers.

The residents of Bramston Beach expressed concern over the following aspects related to the project:

- Connection fees The residents expressed concern on increased rates and connection fees that will be imposed on them.

- Need for upgrading Residents expressed concern over the need for upgrading of the systems as limited operational problems are being experienced at present.

- Service Options Based on the presentation of the options and the feedback from the community it was concluded that there were no specific concerns on the chosen options but a concern on the cost implication as well as on the maintenance of the lifestyle in Bramston Beach and how that will change with large scale development.

OPTIONS:

After consideration of a full suite of options, the following working options were short listed for further detailed evaluation. Option Water Supply Sewage Sewage Effluent Reuse Effluent Disposal Collection Treatment

Base Case Joyce & Worth Low pressure Centralised None Direct disposal to Single supply Creek and system Sewage Russell River and disposal at Groundwater Treatment Plant Russell at Bramston Beach Option 1 Joyce & Worth Low pressure Centralised Recycling of Disposal of excess Dual supply and Creek, system Sewage effluent in non- effluent to Russell disposal at Groundwater Treatment Plant potable water River Russell Recycled effluent at Bramston supply system (non-potable Beach supply) Option 2 Joyce & Worth Low pressure Babinda Sewage None Disposal at existing Single supply Creek and system Treatment Plant disposal location of and transfer to Groundwater Babinda plant Babinda Option 3 Joyce & Worth Advanced on site Advanced on-site Reuse on-site Disposal at existing STEP system Creek and treatment system treatment system treated effluent disposal location of and transfer of Groundwater at each and further for non potable Babinda plant effluent to residence and treatment of uses on allotment Babinda pressure excess effluent at reticulation for Babinda STP excess effluent Option 4 Joyce and Worth Advanced on site Advanced on-site Reuse on-site Direct disposal to STEP system Creek treatment system treatment system system treated Russell River and disposal of Groundwater at each and centralised effluent for non effluent to residence and treatment plant in potable uses on Russell River pressure Bramston Beach allotment reticulation for to treat excess excess effluent effluent STEP – This option refers here to advanced on site treatment with partial on-site reuse through irrigation and a low- pressure sewerage system for discharge of excess effluent to a centralised treatment plant.

Agenda – Ordinary Meeting – 26/10/06 - #1244495 203

A Triple Bottom Line assessment was done to rank the selected options based on environmental, social and economic parameters with higher values reflecting superior outcome. Base case Option 1 Option 2 Option 3 Option 4 STEP system local Single STEP treatment Dual Supply system and and Single supply Supply and and transfer of transfer of and disposal disposal at transfer to effluent to effluent to Weighting at Russell Russell Babinda Babinda Russell Environmental Environmental Rank 1 2.7 10.0 7.3 8.2 8.2 Social Social Rank 1 8.9 10.0 8.9 6.7 6.7 Economic Economic Rank 1 9 6 7 3 3 Overall Score 21 26 23 17 18

The options that ranked highest for each of the sections are shown in the table. It can be seen that Option 2 ranks the highest for all options except for the economic parameters for which the Base case scenario ranked higher. Overall however, Option 1 – Dual supply and transfer of effluent to the Russell River is ranked highest based on the chosen parameters.

There are however risks associated with the implementation of Option 1 i.e. environmental approval for disposal at Russell River is unable to be attained. Option 2 is therefore suitable as a fallback position in such an eventuality.

Based on the triple bottom line evaluation, the dual supply option with disposal at the Russell River offers the largest benefit in terms of environmental, social and economic considerations.

CONCLUSION:

The following conclusions are reported;

1. Population growth estimates are forecasting a population of 4 400 people on 1440 allotments by the year 2026.

2. State Government Policies requiring all communities contributing to the Great Barrier Reef Marine Park catchment to implement a sewerage system by 2010. Further the continued use of septic tank systems are no longer supported by the Wet Tropical Coast Regional Coastal Management Plan.

3. Existing water supply and sewerage systems in Bramston Beach are currently adequate, largely due to the low population in the area. However with the anticipated increase in population, development of reliable, sustainable and environmentally acceptable water supply and sewerage systems will be necessary to service the growing community.

Agenda – Ordinary Meeting – 26/10/06 - #1244495 204

4. Based on existing water and sewerage infrastructure, progressive development in accordance with the CairnsPlan is likely to become increasingly difficult as a consequence of statutory environmental regulations

5. The preferred concept for the water and sewage infrastructure in Bramston Beach involves an integrated water cycle model consisting of;

- Retaining and upgrading of Joyce and Worth Creek intakes; - Abstraction bore field in the area of the Russell River; - Water treatment plant; - Potable water distribution system to all new residences; - Non potable distribution system to new and existing residences; - Low pressure sewerage system; - Centralised sewage treatment plant equipped for nutrient removal including storage; and - Effluent disposal system to Russell River. - Water saving devices for all new residences; and - Reticulation of non-potable supply through dual pipe system.

6. Financial modelling has shown that financial sustainability of the preferred option including other options will depend on increased subsidy and/or a utility charge applied to Bramston Beach. To assess the level of the utility charge, it is imperative that the level of subsidy be secured early in the process with the objective of achieving up to 75% subsidy to minimise the cost of the utilise charge.

7. The following studies are required to validate the outcomes of the planning report;

- Groundwater yield and quality testing; - Modelling and impact assessment for effluent disposal at the Russell River. This will require modelling and impact assessment at different flow regimes, dilution/mixing modelling etc to determine environmental impacts. - Assessment of the safe yield of Joyce and Worth Creek through monitoring as well as agreement on the minimum required environmental flows with the relevant stakeholders. - Acid sulfate soil analysis needs to be done for all locations where construction and excavation is required. This will inform on mitigation measures that will have to be implemented during implementation.

8. The process must commence to obtain approvals for the relevant aspects of this project, which includes:

- Confirmation of minimum environmental flow of Joyce and Worth Creeks - Approvals and license conditions for the centralised sewage treatment plant in terms of the Environmental Protection act; - Approvals required for Russell River disposal. - Cultural heritage and native title approvals - Approval from DNRM, landowners and other stakeholders to finalise pipeline routes; and

9. Planning schemes Policies for dual reticulation systems will need to developed and endorsed by Council

Agenda – Ordinary Meeting – 26/10/06 - #1244495 205

10. In the interim, Development applications must be reviewed based on the outcome of this study to include for aspects such as:

- Mandatory water saving devices for residences in all new developments; - Provision for dual supply to all new residences; - Trunk Infrastructure Contributions applicable to Bramston Beach water and sewerage district.

It is recommended that Council:

- Consider the outcomes of the Report for Bramston Beach Integrated Water Management Planning – Water and Sewerage, October 2006 ;

- Commence the process leading to the implementation of the preferred option involving ;

- Further develop the economic models presented in the Planning Report towards securing a funding process for the scheme;

- Upon adopting a funding process for the scheme, finalise the Planning Report for submission to DLGPSR to secure subsidy for the capital works.

Jon Turner Executive Engineer – Planning and Design

Bruce Gardiner General Manager Cairns Water

Agenda – Ordinary Meeting – 26/10/06 - #1244495