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Cairns City Council Ordinary Meeting 26 October 2006 5.30

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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 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 •
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