Cairns Regional Council Ordinary Meeting

CAIRNS REGIONAL COUNCIL

ORDINARY MEETING

28 JULY 2010

10:00 A.M.

PRESENT: Cr V Schier (Chairperson) Cr A Blake Cr S Bonneau Cr M Cochrane Cr L Cooper Cr D Forsyth (left meeting 11:44 a.m.) Cr P Gregory Cr N Lanskey Cr K Lesina Cr J Leu (left the meeting 11:44 a.m.) Cr R Pyne (joined the meeting 10:11 a.m.)

OFFICERS:

L Russell Chief Executive Officer R McKim General Manager Infrastructure Services S Philpott General Manager Corporate Services P Tabulo General Manager Planning & Environment B Gardiner General Manager Water & Waste KStill A/General Manager Community, Sport & Cultural Services L Kirchner Manager Corporate Performance S Clarke Manager Development Assessment P Boyd Manager Planning Strategies J McGlone Manager Marketing & Communications S Anderson Media Coordinator R Leeds Executive Advisor to the Mayor S Godkin Minute Secretary

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PURPOSE OF MEETING

To consider the matters listed on the agenda.

CONFIRMATION OF MINUTES OF ORDINARY MEETING 23/6/10

BLAKE / LESINA

That the Minutes of the Ordinary Meeting held on Wednesday, 23 June 2010 be confirmed. carried

CONFIRMATION OF MINUTES OF SPECIAL (BUDGET) MEETING 29/6/10

COCHRANE / BONNEAU

That the Minutes of the Special (Budget) Meeting held on Tuesday, 29 June 2010 be confirmed. carried

CONFIRMATION OF THE MINUTES OF THE PLANNING & ENVIRONMENT COMMITTEE MEETING – 7/7/10

LEU / LANSKEY

That the Minutes of the Planning and Environment Committee Meeting held on Wednesday, 7 July 2010 be confirmed.

Item 22 page 83 Buckland Road to be amended to read Bucklands Road. carried

CONFIRMATION OF THE MINUTES OF SPORTS, ARTS, CULTURE & COMMUNITY SERVICES COMMITTEE MEETING – 7/7/10

COCHRANE / FORSYTH

That the Minutes of the Community & Cultural Committee held on Wednesday, 7 July 2010 be confirmed. carried

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CONFIRMATION OF THE MINUTES OF FINANCE & ADMINISTRATION COMMITTEE MEETING – 14/710

COOPER / LANSKEY

That the Minutes of the Finance & Administration Committee held on Wednesday, 14 July 2010 be confirmed. carried

CONFIRMATION OF THE MINUTES OF THE INFRASTRUCTURE SERVICES COMMITTEE – 14/7/10

GREGORY / LESINA

That the Minutes of the Infrastructure Services Committee held on Wednesday, 14 July 2010 be confirmed. carried

CONFIRMATION OF THE MINUTES OF THE WATER & WASTE COMMITTEE – 14/7/10

GREGORY / LEU

That the Minutes of the Water & Waste Committee held on Wednesday, 14 July 2010 be confirmed. carried

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1. PROPOSAL TO SURRENDER A PORTION OF LOT 132 ON NR1489 BEING RESERVE FOR SHOWGROUND, RECREATION AND SPORT, 17 KING ST BABINDA – DIVISION 1...... 1 K Richardson : 19/3/3-89: #2584387

GREGORY / BLAKE

That Council

1. Advises the Department of Environment and Resource Management (DERM) that approx 1200m² of Lot 132 on NR1489, Reserve for Showground, Recreation and Sport, 17 King Street Babinda (the Reserve) that is currently occupied by the Babinda Branch of the Queensland Country Womens Association (QCWA) is no longer needed for its dedicated purpose.

2. Considers that surrendering and excising this section to create a new reserve for public hall would be the most appropriate use and tenure for the land.

3. Seeks confirmation from the QCWA that they are prepared to accept the role of trustee of the proposed newly created reserve.

4. Applies to permanently open a portion of the reserve as road in order to provide dedicated access to the new reserve.

Further, that Council delegates authority to the Mayor and Chief Executive Officer pursuant to section 257 of the Local Government Act 2009, to deal with any and all matters associated with the surrender of a portion of the reserve, the creation of the new reserve and the application for permanent road opening. carried

Cr Pyne joined the meeting 10:11 a.m.

2. ADDITIONAL RATES BASED FINANCIAL ASSISTANCE FOR PORT DOUGLAS SURF LIFE SAVINGS CLUB INC...... 7 Rob Reilly: 17/49/9-06: #2655206

LEU / FORSYTH

That Council:

- considers financial support by way of assistance or donations in addition to the concession grated under the RBFA policy to be provided from the Mayoral Discretionary fund for the 2010/11 rating period; and

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- that Council officers continue to explore the most appropriate option and work with Port Douglas Surf Lifesaving Club (PDSLSC) to formalise the encroachment of the bistro decking onto the dedicated road, and continue to support PDSLSC to build financial and commercial sustainability; and

- that officers commence work to develop options for rating of PDSLSC from 2011/12 onwards, including exploration of a differential rating category, and consideration of best practice approaches from other coastal councils about the treatment of surf clubs, with a report to Council on this prior to future budget adoption

Further, that Council delegates authority to the Mayor and Chief Executive Officer pursuant to Section 257 of the Local Government Act 2009, to deal with any and all matters associated with the negotiation and finalisation of future assistance or donations. lost with Councillors Schier, Bonneau, Cochrane, Blake, Pyne and Gregory voting against the motion.

COCHRANE / BONNEAU

That Council:

- That a report be presented to the Finance & Administration Committee for noting. carried with Councillors Forsyth and Lesina voting against the motion.

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3. REQUEST TO PROVIDE FINANCIAL ASSISTANCE TO THE 2010 “PORT TO PORT” VARIETY CLUB BASH...... 17 L Verra: 1/3/22: #2658015

BLAKE / BONNEAU

That Council supports the request for $25,000 for financial assistance for the 2010 “Port to Port” Variety Club Bash. lost with Councillors Schier, Leu, Forsyth, Cooper, Lesina, Pyne, Lanskey, and Gregory voting against the motion.

LEU / FORSYTH

That Council funds the request for financial assistance for the 2010 “Port to Port” Variety Club Bash at a level of $5,000. carried with Councillor Blake voting against the motion.

4. SURRENDER OF PERMIT TO OCCUPY 0/216985 FOR WATER FACILITY OVER LOT 1 ON AP7407 AND THE REISSUE OF A PERMIT TO OCCUPY OVER THE SAME AREA – MOSSMAN DAINTREE ROAD, DAINTREE. DIVISION 10...... 24 Liam Nicholas: 19/3/3 - 90: #2646689

LEU / LESINA

That Council advises the Department of Environment and Resource Management that it has no objections to the surrender of Permit to Occupy 0/216985 for water facility purposes (pump site) over Lot 1 on AP7407 and the reissue of a new permit to occupy over the same area.

Furthermore, Council delegates authority to the Mayor and Chief Executive Officer in accordance with section 257 of the Local Government Act 2009 to determine any and all matters associated with the surrender and reissue of a permit to occupy. carried

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5. CHANGE OF LOCAL GOVERNMENT BOUNDARIES BETWEEN CAIRNS REGIONAL COUNCIL AND WUJAL WUJAL ABORIGINAL SHIRE COUNCIL – DIVISION 10...... 30 Liam Nicholas : 1/3/112-01: #2641658

LEU / COOPER

That Council applies to the Minister for Local Government and Aboriginal and Torres Strait Islander Partnerships for a referral to the Local Government Change Commission to review the local government boundaries between Cairns Regional Council and Wujal Wujal Aboriginal Shire Council to include the local football field (to be described as Lot 2 on SP171837) and an area of road to be permanently closed (shown at stations 7-13-20-9-7 on SP171837) into the Wujal Wujal Aboriginal Shire boundary, in accordance with tenure amendments provided in the Eastern Yalanji, Queensland and Wujal Wujal Aboriginal Shire Council Indigenous Land Use Agreement (ILUA) QI2006/013.

6. MATERIAL CHANGE OF USE FOR A HOUSE ON PROPOSED LOT 1 (CANCELLING LOT 39 ON SP162918) – 39/21-27 COLONEL CUMMINGS DRIVE PALM COVE – DIVISION 10...... 38 Simon Clarke: 8/7/1771: #2361715

WITHDRAWN AT APPLICANTS REQUEST

7. MATERIAL CHANGE OF USE FOR A HOUSE ON PROPOSED LOT 2 (CANCELLING LOT 39 ON SP162918) – 39/21-27 COLONEL CUMMINGS DRIVE PALM COVE – DIVISION 10...... 68 Simon Clarke: 8/7/1772 :#2361926

WITHDRAWN AT APPLICANTS REQUEST

8. MATERIAL CHANGE OF USE FOR A HOUSE ON PROPOSED LOT 3 (CANCELLING LOT 39 ON SP162918) – 39/21-27 COLONEL CUMMINGS DRIVE PALM COVE – DIVISION 10...... 98 Simon Clarke: 8/7/1773: #2652982

WITHDRAWN AT APPLICANTS REQUEST

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9. MATERIAL CHANGE OF USE FOR A HOUSE ON PROPOSED LOT 4 (CANCELLING LOT 39 ON SP162918) – 39/21-27 COLONEL CUMMINGS DRIVE PALM COVE – DIVISION 10...... 132 Simon Clarke: 8/7/1774: #2654948

WITHDRAWN AT APPLICANTS REQUEST

10. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - PRELIMINARY APPROVAL FOR RESIDENTIAL USES & DEVELOPMENT PERMIT FOR RESIDENTIAL USES (STAGE 1) – VIXIES ROAD WONGA – DIVISION 10...... 161 S Clarke: 8/37/10 : #1681178

LEU / FORSYTH

That Council refuse the combined application for i) Preliminary Approval for Material Change of Use for Dwelling House, Local Utility, Display Home, Dwelling House/Attached Flat and Estate Sales Office (as defined in the Superseded Transitional Planning Scheme for the Shire of Douglas, December 1996), on lot sizes to be determined in accordance with the approved Plan of Development over Lot 51 on SP155078; and ii) Development Permit (Stage 1 of a Staged Residential Development) for a Material Change of Use – Impact Assessment for the permitted and permissible uses in the Table of Zones for Residential A Zone in the Transitional Planning Scheme for the Shire of Douglas over part of Lot 51 on SP155078, lost with Councillors Bonneau, Cochrane, Cooper, Blake, Pyne, Lanskey and Gregory voting against the motion

LEU / FORSYTH

That this matter be deferred for further information / workshop lost with Councillors Bonneau, Cochrane, Cooper, Blake, Pyne, Lanskey and Gregory voting against the motion.

BLAKE / COCHRANE

A. That Council approve the development application for Preliminary Approval for Material Change of Use for Dwelling House, Local Utility, Display Home, Dwelling House/Attached Flat and Estate Sales Office (as defined in the Superseded Transitional Planning Scheme for the Shire of Douglas, December 1996), on lot sizes to be determined in accordance with the

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approved Plan of Development over land described as Lot 51 on SP155078, located at Vixies Road, Wonga, subject to the following:

APPROVED DRAWING(S) AND/OR DOCUMENT(S) The term ‘approved drawing(s) and/or document(s)’ or other similar expression means:

Drawing or Document Reference Date Plan of Development (as RPS Drawing 9339-9 18/05/2010 amended by conditions Issue A prepared by RPS of approval contained Australia East Pty Ltd herein) Table of Assessment for - 29/6/2010 8/37/10

Assessment Manager Conditions

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:-

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

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

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.

Approved Uses

3. The Approved Uses are specified as Dwelling House, Local Utility, Display Home, Dwelling House/Attached Flat and Estate Sales Office as defined in the Transitional Planning Scheme for the Shire of Douglas, December 1996.

Subsequent Development Applications

4. All development applications for Material Change of Use or Reconfiguring a Lot, subsequent to the Preliminary Approval, must demonstrate compliance with the planning instruments applicable at the time of application.

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Future Reconfiguration of a Lot Development

5. The extent of development is to be confined to that portion of the site that is above the 1 in 100 ARI storm tide level and the Q100 flood immunity level inclusive of any hydraulic grade effect in accordance with FNQROC Development Manual, Planning Scheme requirements and the State Coastal Management Plan, Coastal Hazards Policy. No filling to accommodate future lots and no reconfiguration will be permitted to extend below this line. All land below this line is to be transferred to the Crown at the same time as registering the Plan of Survey with the Department of Environment and Resource Management.

6. Residential lots must be setback from the wetland(s) and waterway(s) on the site and on adjoining sites through the adoption of appropriate buffer zones, to maintain water quality and ecological functions and services of the wetland(s) and waterway(s). In the absence of a detailed local assessment to determine an appropriate wetland buffer, the minimum wetland buffer from a wetland is 200 metres from a wetland of high ecological significance. In the absence of a detailed local assessment the minimum setback from a waterway is 100 metres of each high bank of a waterway with high intact riparian biodiversity and a minimum of 50 metres of each high bank of a waterway of stream order five or greater. The waterway(s) and wetland(s) are to be rehabilitated to a natural maintenance-free watercourse and transferred to the Crown at the same time as registering the Plan of Survey with the Department of Environment and Resource Management..

7. The development must incorporate an adequate buffer area along the Western boundary of the lot to reduce the potential for conflict between existing and future farming activities on the adjoining rural property and the future residential development. The width and characteristics of the buffer area must be calculated in accordance with the State Planning Policy 1/92: Development and the Conservation of Agricultural Land and the Planning Guidelines: Separating Agricultural and Residential Land Uses.

8. An Esplanade is to be in the form of a public road and carriageway form the eastern limit of the development and shall separate residential lots from the land to be dedicated to the Crown as required by condition 5 herein.

9. A Connector Road shall be provided between Snapper Island Drive and Vixies Road at Stage 1 of any future development application to reconfigure the land. The alignment of the Connector Road as shown in the Plan of Development is indicative only and shall be subject to further detailed design considerations. The Connector Road and Vixies Road must be upgraded to a Minor Collector Standard with provision for public transport.

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A Concept Plan which adequately accommodates the above requirements to the satisfaction of the Chief Executive Officer shall be lodged with Council concurrent with the initial Development Application for the Reconfiguration of the Land. The Concept Plan shall identify the location for the Connector Road and other infrastructure required to service the whole development.

Street Layout and Design

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

a. All roads must have a minimum road reserve width of 14.5 metres;

b. Provision of a two (2) metre wide footpath within all Access Streets and higher order roads in accordance with Table D1.3;

c. Ensure the access place ‘street leg length’ is designed to satisfy the 30 km/hr design speed control criteria;

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

11. Undertake a Local Drainage Study of the whole site to determine the drainage impacts development on the land will have on upstream and downstream properties and the mitigation measures required to minimise such impacts. In particular, the study must address the following:

a. The contributing catchment boundaries; b. The extent of the 100 year ARI flood event in relation to the site both pre and post development; c. Primary and secondary flow paths for the 5, 20, 50 and 100 year ARI flood events; d. Identify any requirement for drainage easements; e. Identify the need and tenure for flood detention areas to ensure a no- worsening impact on downstream properties for the entire development; f. Detail the proposed works and any impacts proposed at the drainage outlet from the proposed development; g. Demonstrate how the proposed drainage will be directed toward a Lawful Point of Discharge; and h. Provide calculations to demonstrate that the proposed receiving infrastructure has sufficient capacity to convey stormwater flows.

The Local Drainage Study must be provided to the satisfaction of the Chief Executive Officer prior to the issue of the initial Development Permit for the Reconfiguration of a Lot.

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12. Lots within Precinct A (as amended by conditions herein) shall have minimum area of 4000m2 and dimensions to accommodate a square with a minimum side of 50 metres.

13. Lots within Precinct B (as amended by conditions herein) shall have a minimum area of 2000m2 and dimensions to accommodate a square with a minimum side of 25 metres. Lots of a minimum area of 1000m2 will only be permitted where it is demonstrated that a community effluent disposal system or similar alternative means is to be installed in association with any development proposal.

14. Lots which have frontage to the Connector Road and Vixies Road shall have a minimum frontage of 35 metres.

15. Any future development application seeking a Development Permit for a Material Change of Use and/or Reconfiguration of a Lot on the land must be supported by an Assessment of Service Infrastructure Requirements and Proposed Provision for the whole development. The Assessment must be prepared by an appropriately qualified Professional Engineer to the satisfaction of the Chief Executive Officer, prior to the issue of a Development Permit.

16. The following issues must be addressed to the satisfaction of the Chief Executive Officer prior to the issue of the initial Development Permit for the Reconfiguration of a Lot:

a. Demonstrate how sewage generated from the site will be conveyed to and serviced by Council’s existing sewerage infrastructure, and identify any pump stations, rising mains, trunk mains and treatment facilities (Mossman Treatment Plant) are required to be constructed or upgraded to cater for the development. This development is out of sequence with Council’s infrastructure planning and all costs associated with expanding Council’s sewerage scheme to cater for the development is the responsibility of the developer.

b. Demonstrate how Council’s existing water supply infrastructure can cater for the increased demand generated by the development and identify any upgrades that are required to be undertaken by the Developer. This development is out of sequence with Council’s infrastructure planning and all costs associated with expanding Council’s water supply scheme to cater for the development is the responsibility of the developer.

Infrastructure Contributions

17. A monetary contribution must be paid to Council in accordance with Council’s Trunk Infrastructure Contributions Policy or Priority Infrastructure Plan, for any Development Permit for Material Change of Use or

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Reconfiguring a Lot, towards infrastructure charges applicable under the relevant charging policy at the time of making the subsequent development application.

Contributions must be paid at the rates applicable at time of payment in accordance with the method of calculation the charged under the relevant policy.

Payment is required prior to commencement of use or approval and dating of the Plan of Survey for each respective Development Permit granted as a result of this Preliminary Approval.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Concurrence Date Council Electronic Agency Agency Reference Reference Department of IC0908CNS0018 22 July 2009 #2609539 Environment and Resource Management

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies).

B. That Council refuse the development application for a Development Permit (Stage 1 of a staged residential development) for a Material Change of Use – Impact Assessment for the permitted and permissible uses in the Table of Zones for Residential “A” Zone in the Transitional Planning Scheme for the Shire of Douglas including Dwelling House, Local Utility, Park, Display Home, Dwelling House/Attached Flat, and Estate Sales Office, and residential lots with a minimum area of 800m² over part of the site containing an area of 7.4 hectares (approx) on the following grounds:

1. Insufficient information has been provided to demonstrate that the proposed layout for Stage 1 (Drawing No. 9339-3, dated 23/09/08, prepared by Conics) is consistent with the Plan of Development (as amended by conditions of preliminary approval) for Lot 51 on SP155078.

ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 802 of the Sustainable Planning Act 2009.

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

3. For information relating to the Sustainable Planning Act 2009 log on to www.dip.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au. carried with Councillors Schier, Leu, Forsyth, Lesina and Pyne voting against the motion.

Cr Cooper left the meeting 10:57 a.m.

11. OPERATIONAL WORKS (CODE ASSESSABLE) – ADVERTISING SIGNAGE – 13 WARNER STREET, PORT DOUGLAS – DIVISION 10 ...... 209 Leon Doutre : 8/7/2009 : #2658650

LEU / LESINA

That Council recommend that the Douglas Iconic Places Panel approve the development application for Operational Works (Advertising Signage) over land described as Lot 28 on PTD20910, located at 13 Warner Street, Port Douglas, subject to the following:

APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Site Plan Not Referenced Not Dated Signage Perimeter Signage ‘Mobil’ Not Dated

ASSESSMENT MANAGER CONDITIONS

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:-

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

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval

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Timing of Effect

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

Amendment to Design

3. The proposed sign is to be redesigned so as to be in accordance with Acceptable Measure A1.9 of the ‘Design and Siting of Advertising Devices Code’ in the Douglas Shire Planning Scheme 2008. This includes:

a. Reducing the height of the sign to under 5m;

b. Reducing the maximum width to less than 1.5m; and

c. Reducing the advertising panel on each side to less than 4m².

An amended plan for the signage is required to be submitted to Council, to the satisfaction of the Chief Executive Officer, prior to the issue of a Development Permit for Building Works.

ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of the Sustainable Planning Act 2009 Sustainable Planning Act 2009 and 3.5.21 of the Integrated Planning Act 2007.

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

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

4. For information relating to the Sustainable Planning Act 2009 log on to www.dip.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au. carried

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12. RESPONSE TO DEPARTMENT OF EMPLOYMENT, ECONOMIC DEVELOPMENT AND INNOVATION – OFFICE OF LIQUOR & GAMING REGULATION – APPLICATION FOR COMMERCIAL OTHER (SUBSIDIARY ON-PREMISES) LICENCE FOR FISH D’VINE, LOCATED AT 17 VEIVERS STREET PALM COVE - DIVISION 10...... 216 Kelly Barnes: 8/20/6-08: #2658401

LEU / BONNEAU

That the applicant and the Department of Employment, Economic Development and Innovation be advised that Council does not object to the application for Commercial Other (Subsidiary On-Premises) licence for Fish D’vine, located at 17 Veivers Road, Palm Cove and described as Lot 54 on RP725473. carried

Cr Cooper returned to the meeting 10:58 a.m.

13. MATERIAL CHANGE OF USE (CODE) UNDER THE SUPERSEDED PLANNING SCHEME 2005 – HOUSE – (HILLSLOPES) – 18-30 HEAVEY CRESCENT, WHITFIELD – DIVISION 8...... 221 Leon Doutre : 8/35/92 : #2649997

COCHRANE / BLAKE

That Council approves the development application for Material Change of Use under the Superseded Planning Scheme 2005 - House (Hillslopes) located at 18- 30 Heavey Crescent, Whitfield, subject to the following:

APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date General Arrangement SKM CB20607-C-101 D 22 December 2009 Site Plan MMP Architects 1800 D01 17 December 2009 P1 Floor Plans MMP Architects 1800 D02 17 December 2009 P1 Elevations MMP Architects D03 17 December 2009 Water Reticulation SKM CB20607-C-107 C 22 December 2009 Tree Plan for Proposed CONICS 10446-2 (C) 22 December 2009 House

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ASSESSMENT MANAGER CONDITIONS

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:-

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

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

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 Sewerage Works

3. The proposed water and sewerage infrastructure as shown on the SKM Drawing “General Arrangement” CB20607-C-101 D and Drawing “Water Reticulation” CB20607-C-107 C are not approved. A revised drawing incorporating these conditions and to the satisfaction of Council must be submitted with the application for Operational Works.

Water Supply Works External

4. Undertake the following water supply works external to the site to connect the site to existing water supply infrastructure:-

a. Extend the water main from Gloucester Street to the easement within Lot 26 RP911566 such that a standard water service connection can be made.

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.

Water Supply and Sewerage Works Internal

5. Undertake the following water supply and sewerage works internal to the subject land:-

a. The proposed House must be serviced by a single internal water and sewerage connection made clear of any buildings or structures. The

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water connection must be a standard water service or as otherwise approved from the main extension in Gloucester Street;

b. Dwellings on Lot 1 on RP749593 and Lot 3 on RP 749593 must be separately connected to Council’s water infrastructure and if not separate connections must be made;

c. Provide a property connection branch on the existing sewer near the lot boundary fronting Heavey Crescent. Sewers upstream of the property connection branch must be property sewers. Combined House drains or property sewers are not permitted;

d. Property sewers must be designed, constructed and tested in accordance with the FNQROC Development Manual;

e. Provide easements having a nominal width of 3m over existing Council sewers within the property which are on a non-standard alignment;

f. Create easements registered in favour of the applicant over any property sewer or water service pipe located within other private property. The developer must obtain written permission to register an easement and carry out the works from the respective property owner;

g. Private water mains servicing other properties are subject to a separate application.

The above works must be designed and constructed in accordance with the FNQROC Development Manual.

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

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to issue of a certificate of occupancy.

Sewer Easement

6. Create an easement in favour of Council having a nominal width of 3 metres over the existing sewer within the site which is on a non standard alignment to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement document must be submitted to Council for the approval by Council's solicitors at no cost to Council

The approved easement document must be lodged and registered with the Department of Environment and Resource Management prior to the Commencement of Use.

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Inspection of Sewers

7. CCTV inspections of all constructed sewers (including property sewers) must be undertaken. An assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Identified defects are to be rectified to the satisfaction of the Chief Executive Officer at no cost to Council.

Inspection of Existing Sewers

8. CCTV inspections of existing sewers within the property must be undertaken both prior to commencement of works on site and at works completion where works inclusive of building works and construction activities have been undertaken over, adjacent or to sewers. Defects must be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Commencement of Use.

Damage to Infrastructure

9. In the event that any part of Council’s existing sewer/water infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developer’s cost, prior to the Commencement of Use.

Water Saving

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

Access Driveway

11. The plan for the proposed access driveway for the House as shown on SKM drawings CB20607-C-102 and CB20607-C-104 must be certified by an Registered Professional Engineer Queensland (RPEQ) or a qualified road safety auditor with appropriate experience, with the grade line design judged to be safe.

In particular the driveway shall:

a. Have the maximum longitudinal grade of 25% in accordance with the Australian Standard AS/NZS 2890.1 2004 as certified by an RPEQ with experience in design of such infrastructure;

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b. Be constructed of reinforced concrete incorporating anti-slip groove profile to surface, akin to that installed on boat ramps as per the Queensland Transport standard drawing, or similar traction enhancements as proposed by the RPEQ;

c. Incorporate safety barriers, with appropriate reflectors for night use, at strategic locations such as around bends and other areas deemed appropriate by the RPEQ certifying the works;

d. Include signage warning of steep grades; and

e. Include traffic mirrors or similar to ensure that site lines are enhanced at any conflict points.

A Development Permit for Operational Works is required for the driveway and site earthworks, and for the clearing proposed for the services including sewerage associated with the approved development, prior to the issue of a Development Permit for Building Works.

Evidence of the driveway certification is required to the satisfaction of the Chief Executive Officer, prior to the issue of a Development Permit for Operational Works.

Such works must be completed to the satisfaction of the Chief Executive Officer prior to Commencement of Use. Where plans are required, one (1) A1 size copy of the plans and three (3) copies at A3 size must be submitted to Council.

Building Colours

12. The exterior finishes and colours of Buildings must be non-reflective and must blend with the natural colours of the surrounding environment. Roofs and structures (including Water Tanks) must be of moderately dark to darker shades of green, grey, blue and brown.

The applicant is to submit the proposed colours to Council to the satisfaction of the Chief Executive Officer, prior to the issue of a Development Permit for Building Works. The applicant/owner must also ensure that the above Building Exterior requirements are made known in writing to all prospective purchasers.

Geotechnical Assessment

13. All earthwork batters steeper than 1 into 2 and/or higher than 1.8 metres must be certified a qualified Geotechnical Engineer prior to the Commencement of Use.

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Excavation Works

14. All excavation works on site should be conducted in accordance with the recommendations of the Golders Associates report 097672043, dated September 2009, unless otherwise specified by a Registered Professional Engineer Queensland (RPEQ) with appropriate geotechnical experience.

Finished Retaining Wall Colour

15. The retaining wall must be constructed of materials and/or finished in colours, which blend with the surrounding natural environment.

Ponding and/or Concentration of Stormwater

16. The proposed development is not to create ponding nuisances and/or concentration of stormwater flows to adjoining properties.

Structural Certification

17. All retaining walls or structures higher than one (1) metre must be structurally certified prior to the issue of a Development Permit for Building Work.

Where the profile or height of the wall is redesigned during structural certification, amended plans must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Lawful Point of Discharge

18. All stormwater from the property must be 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.

Sediment and Erosion Control

19. Soil and water management measures 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).

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Existing Creek and Drainage Systems

20. All existing creek systems and drainage areas must be left in their current state, including no channel alterations and no removal of vegetation unless consented to in writing by the Chief Executive Officer.

The applicant/owner must obtain any necessary approvals from the Department of Environment and Resource Management for carrying out works in a watercourse.

Vegetation Clearing

21. Existing vegetation on the subject land must be retained in all areas except that specified to be cleared in the approved plan of clearing Conics 10446-2 Issue C. Any further clearing of vegetation to accommodate the development of the House or driveway will require the express approval of Council’s Environmental Officer.

Landscaping

22. The submitted Landscaping Plan Conics PR10446-SD-L1 must be revised to include the following:

a. Provision of only native & endemic species;

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

23. Areas affected by building works must be landscaped in accordance with the FNQROC Development Manual. In particular, landscaping must include planting of all cut and fill batter areas. The disturbed areas of land for the creation of the driveway must also be revegetated with native species found in the locality.

Access & Services Easements

24. Create an Access and Services Easement over Lot 1 on RP749593 for the benefit of Lot 2 on RP911566 to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council.

The approved easement documents must be submitted at the same time as seeking endorsement of the Survey Plan. The approved easement

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documents must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

ADVICE

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

4. Following a site inspection by Council’s Environmental Officer, concern is held at the health of a very large Milky Pine (Alstonia scholaris) indicated as #4508 on the Conics Tree Plan 10446-2 (C). The root zone of the tree is unknown and may be affected by the excavation works for the proposed swimming pool. Tree & root rot was clearly visible around the base of the trunk. If the tree is to be retained into the future, Council Officers recommend gaining a report from a Professionally Qualified and experienced Arborist to ensure the tree is safe and of no threat to the House.

5. For information relating to the Sustainable Planning Act 2009 log on to www.dip.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au. lost with Councillors, Leu, Forsyth, Cooper, Lesina, Pyne, Lanskey and Gregory voting against the motion

FORSYTH / LEU

APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

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ASSESSMENT MANAGER CONDITIONS

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:-

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

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

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 Sewerage Works

Water Supply Works External

4. Undertake the following water supply works external to the site to connect the site to existing water supply infrastructure:-

a. Extend the water main from Gloucester Street to the easement within Lot 26 RP911566 such that a standard water service connection can be made.

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Water Supply and Sewerage Works Internal

5. Undertake the following water supply and sewerage works internal to the subject land:-

a. The proposed House must be serviced by a single internal water and sewerage connection made clear of any buildings or structures. The water connection must be a standard water service or as otherwise approved from the main extension in Gloucester Street;

b. Dwellings on Lot 1 on RP749593 and Lot 3 on RP 749593 must be separately connected to Council’s water infrastructure and if not separate connections must be made;

d. Property sewers must be designed, constructed and tested in accordance with the FNQROC Development Manual;

e. Provide easements having a nominal width of 3m over existing Council sewers within the property which are on a non-standard alignment;

g. Private water mains servicing other properties are subject to a separate application.

The above works must be designed and constructed in accordance with the FNQROC Development Manual.

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

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All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to issue of a certificate of occupancy.

Sewer Easement

The approved easement document must be lodged and registered with the Department of Environment and Resource Management prior to the Commencement of Use.

Inspection of Sewers

Inspection of Existing Sewers

Damage to Infrastructure

Water Saving

10. All toilet devices in the development must be fitted with dual flush cisterns and showers and hand basins in the development must be fitted with flow

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control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

Access Driveway

In particular the driveway shall:

a. Have the maximum longitudinal grade of 25% in accordance with the Australian Standard AS/NZS 2890.1 2004 as certified by an RPEQ with experience in design of such infrastructure;

c. Incorporate safety barriers, with appropriate reflectors for night use, at strategic locations such as around bends and other areas deemed appropriate by the RPEQ certifying the works;

f. Include signage warning of steep grades; and

g. Include traffic mirrors or similar to ensure that site lines are enhanced at any conflict points.

Evidence of the driveway certification is required to the satisfaction of the Chief Executive Officer, prior to the issue of a Development Permit for Operational Works.

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Building Colours

Geotechnical Assessment

13. All earthwork batters steeper than 1 into 2 and/or higher than 1.8 metres must be certified a qualified Geotechnical Engineer prior to the Commencement of Use.

Excavation Works

Finished Retaining Wall Colour

15. The retaining wall must be constructed of materials and/or finished in colours, which blend with the surrounding natural environment.

Ponding and/or Concentration of Stormwater

16. The proposed development is not to create ponding nuisances and/or concentration of stormwater flows to adjoining properties.

Structural Certification

17. All retaining walls or structures higher than one (1) metre must be structurally certified prior to the issue of a Development Permit for Building Work.

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Lawful Point of Discharge

Sediment and Erosion Control

Existing Creek and Drainage Systems

The applicant/owner must obtain any necessary approvals from the Department of Environment and Resource Management for carrying out works in a watercourse.

Vegetation Clearing

Landscaping

22. The submitted Landscaping Plan Conics PR10446-SD-L1 must be revised to include the following:

a. Provision of only native & endemic species;

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Access & Services Easements

The approved easement documents must be submitted at the same time as seeking endorsement of the Survey Plan. The approved easement documents must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

Statutory Covenant for Environmental Purposes

25. A Statutory Covenant for Environmental Purposes must be registered over Lot 2 on RP911566 that covers to the bounds of the existing vegetation on the site and within 6m around the proposed House. A plan of the Covenant area is required to be submitted to Council to the satisfaction of the Chief Executive Officer prior to the issue of a Development Permit for Building Works.

The Covenant is to be registered at the same time of registering of the Plan of Survey with the Department of Environment & Resource Management. The covenant is required to include the following clauses:

a. Existing native and mature vegetation shall only be removed with the prior written consent of the Chief Executive Officer. All vegetation proposed for removal shall be marked by the applicant / owner and approved by Council Officers prior to being removed. Council’s Development Assessment Branch is to be notified of the proposed date of commencement of any approved vegetation clearing.

ADVICE

2. All building site managers must take all action necessary to ensure building materials and / or machinery on construction sites are secured immediately

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following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

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

5. For information relating to the Sustainable Planning Act 2009 log on to www.dip.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au. carried with Councillor Blake voting against the motion.

14. MATERIAL CHANGE OF USE (CODE ASSESSMENT) – BUSINESS FACILITIES AND SHOPPING FACILITIES (501-10,000M²) – STOKES STREET, MT PETER ROAD AND GREEN STREET, EDMONTON – DIVISION 2...... 243 Leon Doutre : 8/7/1978 : #2639824

LANSKEY / GREGORY

That Council approves the request for Material Change of Use for Business & Shopping Facilities over land described as Lots 4 & 8 on RP716654 and Lots 1 & 2 on RP726567 located at Stokes Street, Mt Peter Road & Green Street Edmonton, subject to the following:

APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Site Plan George James SK3.02D(3) 13 July 2010 Floor Plan George James SK3.07(2) 13 July 2010 Elevations & Section George James SK2.04 12 April 2010 Elevation & Section George James SK2.04 12 April 2010 Plan of On-Street Works SK-4-A Not Dated (Stokes Street)

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ASSESSMENT MANAGER CONDITIONS

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:-

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

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

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.

Amendment to Design

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

a. Reconfigure the current layout of the loading bay(s) servicing the Shopping Facilities. Amended plans must demonstrate how the loading bay(s) are to function without disrupting the access driveway including turning circles for satisfactory manoeuvring; and

b. Provide amended elevations to reduce the height of the above awning signage and to set the signage back to align with the front façade of the building below.

Details of the above amendments must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

Developer Contributions

4. Pay a monetary contribution to Council in accordance with the Planning Scheme Policy towards the provision of water supply, sewerage infrastructure, traffic management and road upgrading, stormwater drainage services and stormwater quality. An estimate of Contributions is attached as Appendix 3.

Contributions must be paid at the rates applicable at time of payment.

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

The development is subject to Council's Resolution of 12 May 2010 in regard to a 'NIL' Transport Supply Demand, and therefore, the traffic charges shall be set at Nil until 30 June 2012, unless specifically extended by Council prior to this date.

From 1 July 2012, unless the 'NIL' Transport Supply Demand provision has been specifically extended by Council, Road Network Contributions will be payable at the rates applicable at the time of payment, and the Transport Supply Demand for same will be calculated in accordance with the Trunk Infrastructure Charges Policy or such other Infrastructure Charging Policy as may be in force and applicable to the development at the time of payment.

Public Art Contribution

5. Pay a monetary contribution to Council in accordance with Council’s General Policy – Public Art towards the provision of Public Art within the community.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $1,825.00.

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

Water Supply and Sewerage Works Internal

6. Undertake the following water supply and sewerage works internal to the subject land:-

a. The development must be serviced by a single internal water and sewerage connection made clear of any buildings or structures;

b. Water supply sub-metering must be designed and installed in accordance with The Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008;

c. The existing sewer must be a minimum of 1.5 metres away from the building and clear of the zone of influence from the footings and foundations of any building/structure, otherwise the existing sewer main under or within 1.5 metres of the building and within the zone of influence of the footings and foundations must be replaced with uPVC sewer pipe class SN8; and

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d. Any redundant sewerage property connection and water connection must be decommissioned and removed.

All the above works must be designed and constructed 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.

Sewer Easement

7. Create an easement in favour of Council having a nominal width of 3 metres over the existing sewer within the site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement document must be submitted to Council for the approval by Council's solicitors at no cost to Council.

The approved easement document must be submitted at the same time as seeking approval and dating of the Building Format Plan and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

Inspection of Sewers

8. CCTV inspections of sewers must be undertaken at works completion. An assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Defects must be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Damage to Infrastructure

Water Saving

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Refuse Storage

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

Air-Conditioning Screens

12. Air-conditioning units located above ground level and visible from external properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

External Works

13. Undertake the following works external to the land at no cost to Council:

a. Construct a two (2) metre wide concrete footpath to the Green Street frontages in accordance with FNQROC Development Manual Standard Drawing 1035;

b. Construct a concrete footpath on Stokes Street the full width of the building to the kerb in accordance with FNQROC Development Manual Standard Drawing 1035;

c. Make provision of a commercial concrete crossover and apron to the Green Street and Stoke Street ingress/egress points as indicated in Figure 10 in accordance with FNQROC Development manual Standard Drawing 1015;

d. Provide a give way sign and associated line marking on the Stokes Street frontage to formalise the right of way for vehicles approaching from the east;

e. Provide the on-street works on Stokes Street in accordance with the submitted Plan SK-4-A;

f. Repair any damage to existing kerb and channel, footway or roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development.

g. Reinstate kerb and channel at redundant driveway crossovers;

h. Relocate the power pole at the proposed Stokes Street access;

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i. Extend Stokes Street pavement and kerb and channel generally in accordance with Figure 10 in accordance with the FNQROC Development Manual; and

j. Provide a screening barrier on the landscaped culvert immediately adjacent the extension of Stokes Street such that headlights from Stokes Street and the access driveway are adequately screened from traffic on Mill Road and Mt Peter Road.

All works in the road reserve need to be properly separated from pedestrians and vehicles, with any diversions adequately signed and guarded. Particular attention must be given to providing safe passage for people with disabilities ie the provision of temporary kerb ramps if pedestrian diversions are necessary. (Only apply this clause in areas of high pedestrian activity, eg – inner city areas, around commercial nodes etc).

Electricity and Telecommunications

14. Written evidence of negotiations with electricity and telecommunications authorities stating that services will be provided to the development must be submitted to Council. Such evidence must be provided prior to approval and dating of the Plan of Survey.

Vehicle Parking

15. The amount of vehicle parking must be as specified in Council's Planning Scheme which is specified as twenty-three (23) spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvering areas must be imperviously sealed, drained and line marked.

Access Layout

16. Provide a means of vehicular speed control within the development at both the Green Street and Stokes Street access points.

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Parking Signage

17. Erect signs advising of the location of the off-street visitor parking area and access thereto. The signs must be erected prior to Commencement of Use. One (1) sign must be located on both the Stokes Street and Green Street frontages.

Lighting

18. All lighting installed upon the premises including car parking areas must be certified by Ergon Energy (or such other suitably qualified person). The 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.

Storage of Machinery and Plant

19. The storage of any machinery, material and vehicles must not cause a nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Demolish Structures

20. 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.

Lawful Point of Discharge

21. All stormwater from the property must be 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.

Sediment and Erosion Control

22. Soil and water management measures 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).

Refuse Storage

23. 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 & Waste.

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

Details of Development Signage

25. The development must provide clear and legible signage incorporating the street number for the benefit of the public.

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.

Landscaping Plan

27. The site must be landscaped in accordance with details included on a Landscaping Plan. The Landscaping Plan must show:

a. Deep planting of setback areas;

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

c. Retention of the existing mature Purple Star Fruit Tree on the corner of Stokes Street and Mill Road.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the Commencement of Use. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Amalgamation Required

28. The applicant/owner is responsible for the reconfiguration (amalgamation) of Lot 2 on RP726567 and Lot 4 on RP716654 into one (1) lot. The Plan of Survey must be registered with the Department of Environment and Resource Management at the applicant's / owner's cost prior to Commencement of Use.

Access Easements

29. Create a Reciprocal Access Easement over Lot 1 on RP726567 and Lot 8 on RP716654 to allow vehicle access, parking and on-site manoeuvring for (the amalgamated) Lot 2 on RP726567 and Lot 4 on RP716654, to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking approval and

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dating of the Plan of Survey and must be lodged and registered with the Department of Environment and Resource Management prior to the Commencement of Use.

Services Easements

30. Create a Reciprocal Services Easement over Lot 1 on RP726567 and Lot 8 on RP716654 to allow the provision of services for (the amalgamated) Lot 2 on RP726567 and Lot 4 on RP716654, to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Environment and Resource Management prior to the Commencement of Use.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Concurrence Date Council Electronic Agency Agency Reference Reference Department of 216/10P/102 (3803) 3 June 2010 #2612059 Transport and Main Roads

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies).

ADVICE

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

4. Headwork contribution calculations are attached as Appendix 3. Please note that the contributions must be paid at the rates applicable at the time of payment. Updated calculations must be requested prior to payment.

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15. PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE OVER RIDING THE PLANNING SCHEME TO PERMIT THE DEVELOPMENT OF A RETIREMENT VILLAGE (APPROX 250 DWELLINGS) AND ASSOCIATED COMMUNITY FACILITIES – REDLYNCH CONNECTOR ROAD, REDLYNCH – DIVISION 6.....266 S M Cook : 8/8/863 : #2618580

COOPER / COCHRANE

ITEM DEFERRED TO THE AUGUST PLANNING MEETING. carried

Cr Gregory left the meeting 11:12 a.m.

16. REQUEST FOR A NEGOTIATED DECISION FOR MATERIAL CHANGE OF USE (CODE ASSESSMENT) SHORT TERM ACCOMMODATION – 189 BUNDA STREET & 4 – 6 TERMINUS STREETS, PARRAMATTA PARK – DIVISION 5...... 325 Trish Read: 8/7/1919 : (SEDA) #2648542

BLAKE / FORSYTH

That Council refuses the Negotiated Decision request for an Existing Approval for Short Term Accommodation on land at 189 Bunda Street and 4 – 6 Terminus Street, Parramatta Park, being more particularly described as Lot 2 on RP709096 and Lots 3 and 4 on RP701333, for the following reason:

1. That Condition 3 – Amendment to Design is considered to be both relevant and reasonable. carried

Cr Gregory returned 11:13 a.m.

Cr Forsyth left the meeting 11:13 a.m. Cr Forsyth returned 11:15 a.m.

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17. REQUEST FOR APPLICATION OF THE SUPERSEDED PLANNING SCHEME FOR LOT RECONFIGURATION (2 LOTS INTO 22 LOTS) – 26 BEL-AIR DRIVE & 700L BEL-AIR DRIVE WHITFIELD – DIVISION 6...... 342 Sarah Cook : 8/35/95 :#2652778

COCHRANE / BONNEAU

That Council approves the request for the application to be considered under the Superseded Planning Scheme, being CairnsPlan 2005, for Reconfiguring a Lot (2 lots into 22 lots, Common Property, Road & Park) over land described as Lot 700 on SP178672 and Lot 14 on SP178672, located at 26 and 700L Bel-Air Drive, Whitfield. carried with Councillors Leu, Forsyth and Cooper voting against the motion.

18. RECONFIGURING A LOT LOW DENSITY RESIDENTIAL – 6 TIMBER TERRACE, SMITHFIELD – DIVISION 9...... 357 J L Giguere : 8/35/54 : #2654898

BONNEAU / COCHRANE

That Council grants a Preliminary Approval for a Reconfiguration of a Lot - Low Density Residential over land described as Lot 1 on RP741221, located at 6 Timber Terrace Smithfield, subject to the following requirements being met prior to the issue of a Development Permit:

1. Reduce Lot 7 on Plan no. 1209-DIC-LOTS prepared by Robert Bass Surveying and dated 05 May 2010 to only allow the Telecommunication Tower and ancillary use. Alternatively, demonstrate that an exclusively residential lot can be created by decommissioning the Telecommunication Tower. A house pad is not permitted on the same Lot as the Telecommunication Tower;

2. Provide a site plan detailing the dimension and site area of Lots 4 and 5 on Plan no. 1209-DIC-LOTS prepared by Robert Bass Surveying and dated 05 May 2010;

3. A detailed earthworks plan clearly showing the areas of cut and fill being proposed for the development must be provided and approved prior to the reconfiguration of a lot approval.

In particular the plan should cover works to achieve access to all lots include any drainage infrastructure proposed within each new lot. The earthworks plan must also show any new earthworks proposed associated with any road reprofiling (if required) from the road safety assessment.

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All proposed earthworks are to be included in the revised Geotechnical Report.

4. Further investigations must be undertaken by an appropriately qualified professional with respect to the proposed private road geometry to reflect good engineering practice and generally achieve the applicable objectives of Queensland Streets and the FNQROC Development Manual.

A road safety audit report must be prepared and endorsed by the appropriately qualified professional. The report must include all design standards relied on to verify that the private road is safe and serviceable.

The investigation is to include but not limited to the following:-

i. Proposed Private Road vertical and horizontal geometry including assessment of sight lines to intersections and lot accesses points;

ii. The horizontal geometry must nominate actual curve radii and the safety audit must confirm that all required vehicles can negotiate these curves. At a minimum, turning templates must be provided for the B99 vehicle and a service vehicle in accordance with the Australian Standard for Off-Street Parking.

iii. A typical cross section showing nominated carriageway and verge widths together with services corridors is to be provided. Road cross sections must be provided at intervals of 20m to show the carriageway and verge widths achieved in the design. The cross sections must extend a sufficient distance either side of the road to show the adjacent batter slopes;

iv. Any additional earthworks to create the verges and services corridors and to achieve sight lines must be nominated on engineering drawings to be submitted for approval;

v. The earthworks required to achieve each access to the proposed Lots. The investigation must show how the required safe sight distances are achieved inclusive of all site works and how the grade at the intersection complies with the requirements of Australian Standards;

vi. The provision for visitor car parking in the common property and in particular near each lot; and

vii. The provision of a suitably screened, commercial, refuse area on the common property to service the development;

Three (3) copies of the road safety audit and plans of the works as required above must be endorsed by the Chief Executive Officer .

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5. A detailed geotechnical assessment must be carried out by a qualified and suitably experienced geotechnical consultant for the whole of the site and must include an assessment of the existing road cuttings and formation.

The report is to assess the level of risk in accordance with AGS 2007. If the site and/or the proposed works are not assessed as either low or very low risk, in accordance with the guidelines). The applicant shall undertake detailed geotechnical design and detail any structures/elements which may be required in order to reduce the site’s risk classification to these levels.

The geotechnical report is to reference the design plans showing the earthworks cuts and fills proposed in the road and allotment design. The report is to confirm that the assessment has had regard to these proposed works and the report must detail whether the works can be undertaken without compromising the stability of the site. Where additional stability measures are required these are to be nominated now to enable Council to fully consider the impacts of the proposal.

The geotechnical report is to be submitted to Council and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Reconfiguration of a lot.

6. Provide a Water Supply and Sewerage Master Plan with supporting calculations demonstrating how each lot will be provided with a water supply and sewerage connection. The sewer master plan must include, among other things, a design based on conventional infrastructure and one for unconventional infrastructure. The water master plan must include, among other things, a hydraulic analysis and identification of any additional private water infrastructure required to ensure adequate water pressure at the building pads and for fire fighting.

7. Provide a building envelope plan. The building envelope plan must comply with the following requirements:

i. No building envelope shall contain slopes in excess of 1:3 and contain limited areas having slopes between 1:4 and 1:6;

ii. A suitable building envelope, which seeks to exclude all or most significant vegetation, must be identified for each new allotment. The vegetation which is to be cleared must be indicated on the plan;

iii. The building envelope must be clear of the sewer unless alternative arrangements are made to make the existing sewer line redundant to the satisfaction of the Chief Executive Officer;

iv. Building envelopes must be located to accommodate any necessary set-backs from drainage paths and sewerage soakage envelopes;

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v. The building envelope plan must show the actual edge of the existing drainage path;

Proposed clearing on these lots is to be nominated on the engineering drawings.

The boundary of building envelopes must be delineated with marker pegs prior to any removal of vegetation. Driveway access corridors must also be clearly marked within the designated vegetation retention areas.

APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Proposed Subdivision 1209-DIC-LOTS 05 May 2010 Robert Bass Surveying

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Concurrence Date Council Electronic Agency Agency Reference Reference Department of IC0508TSV0060 15 June 2010 2628741 Environment and Resource Management

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). carried

19. RESPONSE TO DEPARTMENT OF EMPLOYMENT, ECONOMIC DEVELOPMENT AND INNOVATION – OFFICE OF LIQUOR & GAMING REGULATION – APPLICATION FOR EXTENDED TRADING HOURS FOR THE CAIRNS TOUCH ASSOCIATION, 11-17 QUARRY STREET, AEROGLEN - DIVISION 8...... 388 Kelly Barnes: 8/20/6-08: #2647737

COCHRANE / LANSKEY

That the applicant and the Department of Employment, Economic Development and Innovation be advised that Council does not object to the application for an

Minutes – Ordinary Meeting 28 July 2010 - #2664313 45 extension to trading hours for Cairns Touch Association located at 11-17 Quarry Street, Aeroglen and described as Lot 496 C198327. carried

20. RESPONSE TO DEPARTMENT OF EMPLOYMENT, ECONOMIC DEVELOPMENT AND INNOVATION – OFFICE OF LIQUOR & GAMING REGULATION – APPLICATION FOR COMMERCIAL OTHER SUBSIDIARY ON PREMISES LICENCE FOR EL MUNDO TAPAS, 3/124 COLLINS AVENUE STREET, EDGE HILL DIVISION 8 ...... 394 Kelly Barnes: 8/20/6-08: #2658420

COCHRANE / LEU

That the applicant and the Department of Employment, Economic Development and Innovation be advised that Council does not object to the application for Commercial Other (Subsidiary On Premises) Licence for El Mundo Tapas, 3/124 Collins Avenue, Edge Hill described as Lots 8 and 9 on RP702060. carried

21. RESPONSE TO DEPARTMENT OF EMPLOYMENT, ECONOMIC DEVELOPMENT AND INNOVATION – OFFICE OF LIQUOR & GAMING REGULATION – APPLICATION FOR EXTENDED TRADING HOURS FOR GAMING MACHINES AT WOREE TAVERN, 628 - 636 BRUCE HIGHWAY, WOREE - DIVISION 3...... 399 Kelly Barnes: 8/20/6-09: #2658405

PYNE / BLAKE

That the applicant and the Department of Employment, Economic Development and Innovation be advised that Council does not object to the application for an extension to trading hours for Gaming Machines at Woree Tavern located at 628 - 636 Bruce Highway, Woree and described as Lot 27 RP748223. carried

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22. BABINDA LOCAL AREA PLAN AND POTENTIAL DEVELOPMENT ...... 405 Kristy Gilvear : 8/27/3 : #2621985

GREGORY / LANSKEY

That Council resolve to:

A. Prepare a Local Area Plan for the Babinda Locality in conjunction with the preparation of the new Cairns Area Plan; and

B. Commence engagement with representatives of the Babinda Community in regard to the strategic objectives for the area, which may include amongst other things the possible release of Council owned land for development opportunities. carried

23. SMITHFIELD TOWN CENTRE AMENDMENT – NO.2 OF 2009....417 Gerard Rosse GR: 8/26/5: #2644324

COCHRANE / BONNEAU

That Council:

A. Notes key items arising from public notification of the proposed Planning Scheme Amendment and Planning Scheme Policy.

B. Commission an independent economic study for the Smithfield Town Centre to be completed prior to December 2010.

C. Notes that a report will be presented back to Council detailing any proposed changes to the amendment and policy as a result of the economic study along with a report explaining in general terms how submissions have been dealt with. carried with Councillors Cooper and Pyne voting against the motion.

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24. REQUEST TO CHANGE EXISTING APPROVALS (EXTENSIONS TO RELEVANT PERIODS) – RECONFIGURING A LOT APPROVALS - SUGARWORLD PTY LTD – ISABELLA ROAD & CANECUTTER ROAD, EDMONTON – DIVISION 2...... 423 Gary Warner: 8/13/883, 8/13/879:#2661679

Withdrawn by applicant.

25. CHIEF EXECUTIVE OFFICER’S (CEO) MONTHLY REPORT TO COUNCIL – JULY 2010...... 432 Lyn Russell lr: 1/3/37-23 : #2439705v7

LEU / LANSKEY

That Council endorses the Chief Executive Officer’s report for July 2010. carried

26. ROLLING STATUS REPORT OF OUTSTANDING ITEMS ARISING FROM CAIRNS REGIONAL COUNCIL DEPUTATIONS...... 440 Linda Kirchner : 1/3/87: #2555344

LEU / COCHRANE

1. That Council note the proposed actions arising from the Deputations presented in April and June 2010.

2. That Council note the status of outstanding deputation matters.

3. That Council note that a status report on outstanding deputations will be provided quarterly to the Ordinary meeting of Council with the next report to be tabled at the October 2010 meeting. carried

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27. PROPOSED TENURE FOR CLUBHOUSE FOR “RETURNED SERVICES LEAGUE” OVER PART OF LOT 41 ON RP704100, DOWN PARK, THOMPSON ROAD, EDMONTON – DIVISION 2...... 444 Liam Nicholas: 19/3/3/-90: #2644956

LANSKEY / LESINA

ITEM BE DEFERRED FURTHER DISCUSSION carried

Cr Leu and Cr Forsyth left the meeting 11:44 a.m.

28. CAIRNS REGIONAL COUNCIL – ENTERTAINMENT AND HOSPITALITY GENERAL POLICY...... 451 L. Kirchner: 1/3/87: #2659461

COCHRANE / BLAKE

That Council adopted the revised Entertainment and Hospitality General Policy No 1:02:43 carried

29. CAIRNS REGIONAL COUNCIL – ADVERTISING GENERAL POLICY ...... 457 L. Kirchner: 1/3/87: #2658873

BLAKE / LANSKEY

That Council adopted the revised Advertising General Policy No 1:02:54 carried

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30. INTEGRITY ACT 2009...... 464 L. Kirchner : 1/3/87: #2658167

COOPER / LESINA

That Council notes the provisions of the Integrity Act 2009 and formerly commits to fully complying with the obligations under this Act. carried

31. CAIRNS CULTURAL PRECINCT – MANAGEMENT AND REPORTING STRUCTURE...... 481 Linda Cardew: 26/7/18-02: #2622411

COCHRANE / LESINA

That Council adopts the project management and reporting structure detailed in this report. carried

32. CONVERSION OF A PORTION OF RAINY MOUNTAIN PARK TO FENCED DOG OFF LEASH AREA – DIVISION 9...... 486 S.Tyter:18/5/3: #2611542

BONNEAU / LESINA

That Council: a) Note feedback received in response to public consultation undertaken to gauge community support for a ‘Fenced Dog Off Leash” area in Rainy Mountain Park, Smithfield; b) Proceed to convert a portion of Rainy Mountain Park, Smithfield to a ‘Fenced Dog Off Leash’ area with fencing, drink facilities, dog agility equipment and faeces collection facilities as detailed in this report. c) List the nominated area in the Keeping, Control and Impounding of Animals Local Law 2003 Register Dog Exercise Areas. carried

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33. APPOINTMENT OF COMMUNITY REPRESENTATIVES TO THE PORT DOUGLAS MASTER PLAN ADVISORY COMMITTEE...... 493 Joan Crawford : 8/26/25: 2651145

LEU / FORSYTH

The Council endorse the appointment of the following community representatives to the Port Douglas Master Plan Advisory Committee:

1. Mr John Clifford 2. Mr Ken Dobbs 3. Mr Ray Legg 4. Ms Toni McNamara 5. Ms Tanya Morris 6. Mr Tony Purves 7. Mr Doug Ryan. carried

34. COUNCIL POSITION – PROPOSED REVIEW OF COUNCIL ELECTORAL DIVISION ARRANGEMENTS...... 497 Linda Kirchner: 1/3/87: #2652596

BLAKE / COOPER

1. That Council notes the Law, Justice and Safety Committee will be undertaking a public hearing in Cairns later this year in relation to local government elections in Queensland.

2. That Council resolves to advise the Department that it reaffirms it’s position and supports a divided framework for Councillor representation for Cairns Regional Council for the reasons as previous advised in November 2009. carried

35. CAIRNS REGIONAL COUNCIL –COMMUNITY ENGAGEMENT POLICY...... 507 L. Kirchner: 1/3/87: #2658875

LESINA / COCHRANE

That Council adopt the revised Community Engagement General Policy No 1:05:01. carried

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GENERAL BUSINESS

1. ERROL WILD – PRESIDENT OF RSL BABINDA SPOKE

Mr Wild is requesting a response to a letter he has sent to Council regarding regarding emergency response and the inspection of local bridge at Russell River.

CLOSED SESSION

COCHRANE / BLAKE

COUNCIL RESOLVE INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA:

1. CONTRACTUAL MATTER - JUSTIFICATION TO PURCHASE GOODS OR SERVICES – REPAIR AND RECTIFICATION WORKS FOR EDMONTON SES FACILITY...... 1 Cheryl-Lee Fitzgerald: HW: 10/24/5-01: #2656151v2

2. CONTRACTUAL MATTER - CONTRACT NO. 75302 – REGISTER OF PRE-QUALIFIED SUPPLIERS FOR IN-SITU SEWER RELINING, SEWER RETICULATION WORKS AND PIPE BURSTING...... 26 S. Kinnane: 24/18/31-01 #2650027

3. PREJUDICIAL MATTER – MOUNT PETER MASTER PLANNING PROJECT OUTSTANDING INVOICE...... 33 Peter Tabulo : 8/26/22-05: #2657668

carried

OUT OF CLOSED SESSION

COUNCIL RESOLVE TO MOVE OUT OF CLOSED SESSION

BLAKE / LANSKEY carried

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RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

1. CONTRACTUAL MATTER - JUSTIFICATION TO PURCHASE GOODS OR SERVICES – REPAIR AND RECTIFICATION WORKS FOR EDMONTON SES FACILITY...... 1 Cheryl-Lee Fitzgerald: HW: 10/24/5-01: #2656151v2

LANSKEY / BLAKE

Cr Cochrane declared a Conflict of interest as her son-in-law consults for MD Constructions and left the meeting. She did not participate in discussion or voting.

That Council: a) Resolve in accordance with Section s184(f) of the Local Government (Finance Plans and Reporting Regulation) 2010, to engage MD Can Do Constructions Pty Ltd for the repair and refurbishment of the Edmonton State Emergency Service facility, for the quoted price of $146,109 (excluding GST) b) Delegates authority to the Chief Executive Officer pursuant to section 257 Local Government Act 2009 to deal with any and all matters associated with the future management of this contract. carried

2. CONTRACTUAL MATTER - CONTRACT NO. 75302 – REGISTER OF PRE-QUALIFIED SUPPLIERS FOR IN-SITU SEWER RELINING, SEWER RETICULATION WORKS AND PIPE BURSTING...... 26 S. Kinnane: 24/18/31-01 #2650027

GREGORY / BONNEAU

That Council:

1. Award Contract 75302 – Register of Pre-qualified Suppliers for In-Situ Sewer Relining, Sewer Reticulation Works and Pipe Bursting to the various contractors listed in the Attachment for a period of twenty-four (24) months with a provision for an extension of a further 12 months to a maximum contract length of 36 months at Council’s discretion.

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2. Delegate authority to the Mayor and the Chief Executive Officer in accordance with Section 257 of the Local Government Act 2009 to negotiate and finalise any and all matters in relation to Contract 75302. carried

3. PREJUDICIAL MATTER – MOUNT PETER MASTER PLANNING PROJECT OUTSTANDING INVOICE...... 33 Peter Tabulo : 8/26/22-05: #2657668

COCHRANE / BONNEAU

That Council resolve to:

A. Issue a second Notice to Rectify Default in regard to Invoice No 42180.76 dated 2 February 2010 in the sum of $39,556.22, requiring payment of that outstanding invoice in full on or before 31 August 2010; and

B. If payment of Invoice No 42180.76 dated 2 February 2010 is not received in full on or by 31 August 2010, delegate authority to the Mayor and Chief Executive Officer to terminate the Mount Peter Master Planning Memorandum of Understanding (2008) in so far as it relates to the Developer Member, in accordance with Clause 15.2.1; and

C. In addition to the action identified in Clause B above, if payment of Invoice No 42180.76 dated 2 February 2010 is not received in full on or by 31 August 2010, commence legal proceedings against the Developer Member to recover the outstanding amount plus interest and costs, with the Mayor and Chief Executive Officer being delegated the authority to undertaken such actions as may be required in regard to the institution of such proceedings against the Developer Member. carried

THE MEETING CLOSED AT 12:20 PM

CONFIRMED THIS DAY OF 2010

………………………… ………………………………………. MAYOR CHIEF EXECUTIVE OFFICER

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