CAIRNSENTERTAINMENT PRECINCT

PRELIMINARY APPROVAL FOR ENTERTAINMENT PRECINCT MASTER PLAN (INDOOR SPORT AND ENTERTAINMENT AND TOURIST ATTRACTION)

DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR STAGE 1 (INDOOR SPORT AND ENTERTAINMENT AND TOURIST ATTRACTION)

Cairns Regional Council March 2012 2012 © URBIS

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In association with: Savills / CA Cox Rayner / Cardno / Arup / Converge / Acoustic Studio / Cundall / Golder Associates / Steensen Varming / Tract / Brazier Motti / SPP Group / Certis / Wind Tech

URBIS STAFF RESPONSIBLE FOR THIS REPORT WERE:

Director Peter Gill Associate Director Kris Krpan Consultant Claire Pattearson Job Code BA2498 Report Number 1

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TABLE OF CONTENTS

Executive Summary ...... i

1 Introduction ...... 3

2 Project Background ...... 5 2.1 Concept Development ...... 6 2.1.1 Needs Analysis ...... 6 2.1.2 Key Objectives...... 7 2.1.3 Options Evaluation & Selection ...... 7 2.1.4 Community and Stakeholder Consultation ...... 9 2.1.5 Community ...... 10 2.1.6 User Groups ...... 10 2.1.7 Ports North ...... 11 2.1.8 Design development Summary ...... 11 2.2 Planning Approval Process ...... 11 2.2.1 Applications required ...... 12 2.2.2 Summary of Approval REquirements ...... 13

3 Site Context and Characteristics ...... 14 3.1 Site Context ...... 14 3.1.1 Regional Context ...... 14 3.1.2 Local Context ...... 14 3.2 Site CHARACTERISTICS ...... 15 3.2.1 Property Description ...... 15 3.2.2 Land Ownership and ENCUMBRANCES ...... 15 3.2.3 State Heritage Significance ...... 16 3.2.4 Site Contamination ...... 16 3.2.5 Existing Land Uses ...... 16

4 Development Application Proposal - Preliminary Approval for Cairns Entertainment Precinct Master Plan ...... 18 4.1 overview ...... 18 4.2 preliminary approval – cairns entertainment precinct ...... 18 4.3 Stage 1 – Performing arts Centre and environs ...... 21 4.4 Stage 2 – White’s shed (future development) ...... 21 4.5 Stage 3 – museum (Future Development) ...... 22 4.6 Stage 4 – performing arts expansion ...... 23 4.7 Master plan currency period ...... 23

5 Development Application Proposal – Stage 1 Performing Arts Complex ...... 24 5.1.1 Design Philosophy ...... 24 5.1.2 Stage 1 details ...... 25

6 Statutory Planning Framework ...... 27 6.1 Relevant Acts and Legislation ...... 27 6.1.1 Transport Infrastructure Act 1994 ...... 27 6.1.2 Coastal Management Act 1995 and Coastal Plan ...... 27 6.1.3 Queensland Heritage Act 1992 ...... 28 6.1.4 Aboriginal Cultural Heritage Act 2003 ...... 28 6.1.5 Referral Agencies ...... 32 6.1.6 Regional Plan 2009 -2031 ...... 33 6.1.7 Far North Queensland Infrastructure Plan 2009-2031 ...... 34

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7 Ports North Overriding Objectives ...... 35

8 Compliance with Ports Land Use Plan ...... 42 8.1 Introduction ...... 42 8.2 Defined Land Uses ...... 42 8.2.1 Cityport Level of Assessment ...... 42 8.2.2 Seaport Level of Assessment ...... 42 8.3 Local Plans ...... 42 8.3.1 CityPort Local Plan Assessment ...... 43 Strategic Vision ...... 43 Precincts ...... 44 8.4 Seaport Local PLan Assessment ...... 47 Strategic Vision ...... 47 Desired Environmental Oucomes ...... 48 Precinct ...... 48 Precinct Intent ...... 48 8.5 General Codes ...... 49

9 Specialist Advice...... 50 9.1 Landscape Design ...... 50 9.1.1 CEP Master Plan ...... 50 9.1.2 Stage 1 – PAC ...... 50 9.2 Traffic and Parking ...... 52 9.3 Civil Engineering...... 55 9.3.1 CEP Master Plan AND STAGE 1 PAC ...... 55 9.4 Acoustic...... 58 9.4.1 CEP Master Plan ...... 58 9.4.2 Stage 1 – PAC ...... 59 9.5 Heritage...... 60 9.6 Sustainability ...... 60 9.7 Geotechnical ...... 61 9.8 Maritime ...... 61 9.9 Construction and Risk Management ...... 61 9.10 Electrical...... 62

10 Performance Solutions ...... 64 10.1 Carparking ...... 64 10.2 .Seaport Precinct interface ...... 65

11 Conclusion ...... 68

Appendix B Code Responses ...... 69

Ports Land Use Plan Code Responses ...... 70 Cityport LAP Precinct 3 Code ...... 70 Cityport LAP Precinct 4 codes ...... 81 Cityport LAP General Cityport Codes ...... 89 Seaport Commercial & Business Planning Area Code ...... 96 General Codes ...... 100 Assessment & Management of Acid Sulphate Soils Code ...... 100 Development of Flood Prone Land code ...... 103 Development in the Vicinity of the Airport Code ...... 106

2 EXECUTIVE SUMMARY

TABLE OF CONTENTS

Environmental Protection Code ...... 108 Heritage Conservation Code ...... 113 Landscape Design Code ...... 115 Parking Code ...... 127 Sustainable Development Code ...... 130 Traffic and Access Planning Code ...... 138 Works, Services & Infrastructure Code ...... 142

Appendix C Architectural Plans prepared by CA Cox Rayner ...... 144

Appendix D Landscape Plans prepared by Tract...... 145

Appendix E Traffic Report prepared by Arup...... 146

Appendix F Civil Report prepared by Cardno ...... 147

Appendix G Acoustic Report prepared by Acoustic Studio ...... 148

Appendix H Heritage Report prepared by Converge ...... 149

Appendix I Sustainability Statement prepared by Cundall ...... 150

Appendix J Geotechnical Report ...... 151

Appendix K Maritime Report prepared by Cardno ...... 152

Appendix L Construction Management Report Plan ...... 153

Appendix M Electrical Report prepared by Steensen Varming...... 154

Appendix N Title Searches ...... 155

Appendix O Proposed Lease Area ...... 156

Appendix P State Resource Entitlement and General Authority ...... 157

Appendix Q Aboriginal Cultural Heritage Search Results ...... 158

Appendix R Hydraulic Advice ...... 159

Appendix S Certification Advice ...... 160

Appendix T Wind Impact Advice ...... 161

Appendix U Wetland Management Plan ...... 162

Appendix V CEP Business Case ...... 163

Appendix W Cityport Infrastructure Agreement ...... 164

FIGURES: Figure 1 – The Cairns Entertainment Precinct ...... 5 Figure 2 – Options Evaluation ...... 9 Figure 3 – Applications Required ...... 13 Figure 4 – Local Context Map...... 14 Figure 5 – Proposed lease area...... 15

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Figure 6 – Site Photographs ...... 17 Figure 7 – Design Philosophy ...... 18 Figure 8 – master plan – Staging PLan ...... 19 Figure 9 – Vehicle Movement ...... 20 Figure 10 – Pedestrian Movement ...... 20 Figure 11 – Stage 1 ...... 21 Figure 12 – Stage 2 ...... 22 Figure 13 – Stage 3 ...... 23 Figure 14 – Stage 4 ...... 23 Figure 15 – Proposed Performing Arts Centre ...... 24 Figure 16 – Site Plan (Lower Plaza) ...... 25 Figure 17 – Site Plan (Upper Plaza) ...... 25 Figure 18 – Perspective ...... 26 Figure 19 – FNQRP Mapping - Urban Footprint ...... 34 Figure 20 – Merged Local Plan Map ...... 43 Figure 21 – Landscape Intent – Wharf Street Car Set-down area ...... 51 Figure 22 – Seaport Precinct Relationship to Development Concept ...... 66 Figure 23 – Interface with Ports and Cairns CBD ...... 66 Figure 24 – Buffering to Ports North ...... 67

PICTURES: Picture 1 – Option 1 – Architectural rainforest ...... 9 Picture 2 – Option 2...... 9 Picture 3 – View across site to cruise terminal ...... 17 Picture 4 – view across site to proposed wharf street entry ...... 17 Picture 5 – View across site to convention centre ...... 17 Picture 6 – view across site to Whites shed ...... 17 Picture 7 – View from Wharf Street drop off ...... 26

4 EXECUTIVE SUMMARY

Executive Summary

SITE AND PROPOSAL DETAILS

SITE ADDRESS 8 Wharf Street, Cairns

SITE CONTEXT The site is located on Far North Queensland Port Corporation land and is bound by Ports Cityport land to the north, Ports Seaport land to the south, the Trinity Inlet to the east and Wharf Street to the west.

REAL PROPERTY DESCRIPTION Part Lot 9 on SP 113632 and Part Lot 10 on SP214821 being proposed Lease Area X & Y (Refer Appendix P).

EASEMENTS & ENCUMBRANCES No easements or encumbrances burden the site

TOTAL SITE AREA 14,329 Hectares (site area)

1.43 Hectares (future lease area)

RELEVANT AUTHORITY Far North Queensland Port Corporation

PLANNING SCHEME Ports Land Use Plan

RELEVANT LOCAL PLANS Cityport Local Plan and Seaport Local Plan

LOCAL PLAN PRECINCTS Cityport Local Plan – Precincts 3 & 4

Seaport Local Plan – Commercial & Business District

PURPOSE OF THE PROPOSAL Preliminary Approval for Cairns Entertainment Precinct Master Plan [Indoor Sport & Entertainment and Tourist Attraction (including Performing Arts Centre, Museum, Function Centre, Restaurants, Shops)]

Development Permit for Material Change of Use for Stage 1 (Indoor Sport and Entertainment and Tourist Attraction)

LAND OWNER Far North Queensland Port Corporation Limited

ASPECTS OF DEVELOPMENT

PRELIMINARY APPROVAL Material Change of Use for Cairns Entertainment Precinct Master (Sustainable Planning Act Plan - Indoor Sport and Entertainment and Tourist Attraction. 2009,Section 241)

DEVELOPMENT PERMIT Material Change of Use for Cairns Entertainment Precinct Stage 1 - Indoor Sport and Entertainment and Tourist Attraction.

URBIS 21 03 21 - FINAL PLANNING REPORT FOR COUNCIL Introduction i

APPLICANT DETAILS

APPLICANT Cairns Regional Council c-/ Urbis Pty Ltd

ADDRESS Urbis Pty Ltd

GPO Box 3205 Brisbane QLD 4001

CONTACT PERSON Peter Gill /Kris Krpan

Ph: 3007 3800

CONTACT DETAILS Phone: (07)3007 3800

Fax: (07) 3007 3811

Email: [email protected]/ [email protected]

OUR REFERENCE BA2498

II INTRODUCTION

1 Introduction

Urbis Pty Ltd has been commissioned by Cairns Regional Council (CRC) to prepare this planning application for the Cairns Entertainment Precinct (CEP) at 8 Wharf Street, Cairns. This application seeks a Preliminary Approval for the CEP Master Plan [Indoor Sport and Entertainment and Tourist Attraction] and a Development Permit for a Material Change of Use for CEP Stage 1 [Indoor Sport and Entertainment and Tourist Attraction].

The Cairns Entertainment Precinct represents one of the most significant and exiting project opportunities for Cairns in recent times. The project from conception through to lodgement of this application has been underpinned by a commitment to design excellence, a comprehensive process of consultation and stakeholder engagement, and a baseline mandate to ensure the safeguarding of ongoing and future port operations through appropriate design and buffering.

The design and site layout provides an outstanding approach to theatre facility design, and provides an holistic approach to the overall site development and interaction, achieving linkages to the Cairns CBD and key tourism attractions, while maintaining a clear and effective buffer from port operations.

This planning report assesses the proposed Cairns Entertainment Precinct against the relevant State, Regional and Local planning provisions, including and the Ports Land Use Plan. Underpinning and informing the entire design development and forming a crucial component of planning consideration has been also the satisfaction of the 12 Ports Overriding Objectives, identified as crucial aspects of ongoing port operations through the previous preparation of the Ports Buffer Report.

The purpose of this Town Planning application is to provide:

Overview of the project background;

Analysis of the site and its physical context;

Overview of the planning context for the proposed development;

Details of the proposed architectural and urban design elements;

Specialist traffic, civil, acoustic, heritage, geotechnical, landscape, electrical, maritime and sustainability assessments supporting the proposal.

Summary of the relevant State, Regional and Local planning provisions;

Assessment of the proposal against these provisions; and

Assessment of the merits of this application.

This Planning report is supported by a suite of reports and documentation that have been prepared in the development of the proposal. The complete list of reports and documents included in the Appendix are as follows:

Appendix B – Ports Land Use Plan Code Responses

Appendix C – Architectural Plans and Design Statement prepared by CACox Rayner

Appendix D – Landscape Plans prepared by Tract

Appendix E – CEP Traffic Impact and Carparking Assessment prepared by Arup

Appendix F – Civil Design Reports prepared by Cardno

Appendix G – Acoustic Report prepared by Acoustic Studio

Appendix H – Heritage Report prepared by Converge

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Appendix I – Sustainability Statement prepared by Cundall

Appendix J - Geotechnical Report Advice by Golders

Appendix K – Maritime Report prepared by Cardno

Appendix L – Construction and Risk Management Report prepared by Savills

Appendix M – Electrical Report prepared by Steensen Varming

Appendix N – Title Searches

Appendix O – Extent of Proposed Lease Area by Brazier Motti

Appendix P – Resource Entitlement and General Authority

Appendix Q – Aboriginal Cultural Heritage Search

Appendix R – Hydraulic Advice

Appendix S – Certification Advice

Appendix T – Wind Impact Advice

Appendix U – Wetland Management Plan

Appendix V – CEP Business Case

Appendix W – Cityport Infrastructure Agreement

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2 Project Background

The development of the Cairns Entertainment Precinct (CEP) is occurring at a time when Cairns and Far North Queensland have been confronting challenging times. These include rising unemployment, among the highest in Queensland, the continuing difficulty in economically enlivening the city centre and the impacts of Cyclone Yasi all of these being interrelated.

This project is a joint initiative between Cairns Regional Council, the Queensland Government and the Commonwealth Government, with funding and support for the project being provided by all three levels of government. Cairns Regional Council is the project owner and together with its consultant team has developed a proposal that will provide Cairns with its most significant piece of social infrastructure in recent history.

The need for CEP has been described in detail through the CEP Business Case (Refer Appendix V ) and can be summarised as follows:

In May 2011, the QLD Treasury’s Office of Economic and Statistical Research estimated population of CRC region as 168,251. By 2031, the population is expected to increase by a further 63% (to 264,208). The need for social infrastructure will only increase as the population swells.

The existing Cairns Civic Theatre (CCT) is inadequate. Opened in 1974 the building has exceeded its useful life, and fails to accommodate many of the locally-produced, entrepreneurial performances or larger visiting groups

In collaboration with the local community, Cairns Regional Council have developed a concept design for a new Cairns Entertainment Precinct that responds to the needs of the community.

The final outcome will provide an economically viable and vibrant arts and cultural hub for Cairns

Figure 1 captures the excitement of the final concept which has been developed over the past 12 months through detailed planning, design review and consultation.

FIGURE 1 – THE CAIRNS ENTERTAINMENT PRECINCT

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2.1 CONCEPT DEVELOPMENT The Cairns Entertainment Precinct (CEP) concept has developed through a series of detailed and comprehensive analysis and evaluation processes, collaboratively carried out by Cairns Regional Council and the project team. The concept development process has been comprised of the following key stages:

1. Needs Analysis carried out by Cairns Regional Council 2. Development of Key Objectives 3. Community and Stakeholder Consultation 4. Options Evaluation 5. Option Selection

A summary of key aspects of each stage is provided in the following section of this report to clearly outline the background and scope of work that has informed this project. For further detail please refer to the CEP Business Case (Appendix V).

2.1.1 NEEDS ANALYSIS The existing Cairns Civic Theatre which opened in 1974 has acted as the main social and entertainment complex for Far North Queensland for the past 4 decades, however over time has become inadequate to support the growth and development of the community. The existing facility is now unable to accommodate the many locally produced entrepreneurial performances or larger visiting groups to Cairns which are important to the success of the social and economic growth of the region.

Cairns Regional Council has recognised that the opportunity for cultural growth, education and celebration of the region’s cultural values and heritage has been constrained by the lack of social infrastructure in the City.

The following drivers of the need for change in Cultural Infrastructure have been identified and have been interrogated as part of the options evaluation and business case development.

Community need for adequate facilities

o Community meeting place to meet, share ideas, converse, be entertained and be educated.

o Focal point for the community – a central hub that enjoys a high level of community ownership.

o Business opportunities for local businesses and the local workforce.

Population growth

o Infrastructure that meets the needs of the growing population, with provision for 40 – 50 years growth.

Tourism

o Enhancement of the diversity of offering to international and domestic tourists to maintain and grow the FNQ tourism industry.

Stakeholder needs (demand influencers)

o Promotion and enhancement of cultural vitality.

o A community meeting place.

o Performing arts infrastructure that meets the needs of the growing community, and provides performing arts facilities that can accommodate a variety of performances.

o Museum that presents programs, exhibits and collections that are representative of the cultural heritage and diversity of FNQ.

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Culture and arts industry trends

o Promotion of the cultural infrastructure of Cairns and the FNQ region that identifies and defines the community’s cultural diversity.

o A place for multicultural celebration, events and performance.

o Performing Arts infrastructure and a Museum that celebrates the regions culture and diversity.

Cairns Regional Council seeks to respond to the existing overwhelming need identified by the business case for new revitalised social infrastructure by developing a new cultural and entertainment hub in the heart of Cairns CBD and emerging cultural precinct.

2.1.2 KEY OBJECTIVES Project Objectives

Following the needs analysis and initial consultation, the overall goals and outcomes sought by the project were developed. The project goals were rationalised to determine 4 key objectives for the project.

The key objectives were:

To meet community need for art and cultural facilities;

To meet the need for a community meeting place;

To develop greater awareness of the historical and cultural value of the Far North; and

To support regional growth.

These 4 objectives have been crucial to the appraisal process for consideration of various project options through the design process, and have formed the benchmark for final conclusions regarding the identified preferred option.

Ports North Objectives

In addition to the project objectives, the project team has also worked to achieve and respond to the ‘overriding objectives’; of Ports North. The ultimate aim of the 12 overriding objectives established by Ports North is to protect the operation of port activities now and into the future. A detailed discussion of the projects response to the Ports North objectives is provided in Section 7 of this report.

While not replicating here the assessment against those overriding objectives, it is important to note that critically, when ranking the various design and development options, the overriding decision rule was that any preferred option must be capable of meeting the outcomes established by the project and Ports North objectives for the project.

2.1.3 OPTIONS EVALUATION & SELECTION In collaboration with the local community, CRC and its team of consultants have developed a concept design option for a new CEP that responds to community need discussed above. The design development process undertook two key options evaluations processes – the first being exploration of options as to how the site could be developed and the second being the design treatment of the ultimate outcome.

Development Options

The Preferred Option was viewed by CRC as achieving a superior outcome in terms of urban design, user amenity, flood and storm surge protection, and the ability to stage construction. During the design process, eight separate options, including construction staging options, were considered and evaluated, including:

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_ Option 1 - Base Case (Status Quo – Do nothing)

_ Option 2 - Complete development (no staging)

_ Option 3 - 2 stage development

_ Option 4 - 3 stage development

_ Option 5 - 2 stage development (rationalised)1

_ Option 6 - 3 stage development (rationalised)

_ Option 6A - 3 stage, 10 year development (alternate and lagged staging, rationalised)

_ Option 6 (Stage 1)

It was identified that with current economic restraints on all levels of Government, the only feasible option for immediate realisation of this project, is the first stage comprising Option 6, but however that a form of preliminary approval be sought over the entire precinct to enshrine the precinct master plan and streamline future stages of development.

Design Options

The design of Cairns Entertainment Precinct has evolved over a number of stages throughout 2011 and into early 2012.

The first stage was the preparation of two Master Plan options. The main difference between the options prepared by CA-Cox Rayner was the plaza level for major public and community activity. The choice of level has major impacts upon the distribution of the brief components, particularly the service facilities, and upon the means of access. These options were discussed at community workshops, with a strong preference emerging for the option with an elevated central plaza due to the better inlet views it allowed and due to improved storm surge protection.

The second stage was the preparation of two Concept Design options. These were largely applied to the preferred Master Plan option, with a number of planning ‘sub-options’ within them. However, the major difference was in the form of the roof canopies over the central plaza space, these being entitled ‘Architectural Rainforest’ and ‘Layered Roofscape’, each providing a design interpretation of different aspects of the site and region: The ‘Architectural Rainforest’ representing the tropical setting, and the ‘Layered Roofscape’ interpreting the industrial form of components of the site.. The differences were discussed at a series of community workshops, with a strong preference emerging for the ‘Architectural Rainforest’ scheme.

This Concept Design option was endorsed by Cairns Regional Council, and is the basis of development of this Preliminary Development Application. (Refer Figure 2, Pictures 2 and 3)

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FIGURE 2 – OPTIONS EVALUATION

PICTURE 1 – OPTION 1 – ARCHITECTURAL RAINFOREST

PICTURE 2 – OPTION 2 The final two design options underwent further evaluation and review in collaboration with the local community and the Far North Queensland Port Corporation. The options were assessed against the merits of the State and Local Planning requirements (particularly the Ports Buffer Report, Ports Overriding Objectives and Ports Land Use Plan), and were analysed against urban design criteria, contribution to the community and overall functionality and response to the site and setting (including civil, environmental, heritage, geotechnical, traffic and access, acoustic, and landscape matters).

The two options were presented in a workshop to the Far North Queensland Port Corporation in August 2011. The feedback provided in this workshop has been a fundamental input into further refining the design to ensure it achieves its functional needs and design aspirations while protecting the function of the existing port.

2.1.4 COMMUNITY AND STAKEHOLDER CONSULTATION Throughout the course of the options development, evaluation and selection phases of the project, CRC conducted a series of community and stakeholder consultation sessions. Consultation was carried out between 2009-2011, and included engagement with the following community/stakeholder groups:

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Far North Queensland Port Corporation;

Access advisory committee;

Local architects (input into design brief);

Local community members;

Schools and Tertiary Education Bodies;

Ports User groups;

Traditional owners and indigenous groups, including indigenous performers; and

Multicultural groups.

These groups were consulted at length on elements such as need, master planning options, concept design options, and functional and spatial requirements. The feedback received from the community and stakeholder groups formed the foundation for the options evaluation process and contributed to the final selection. Consultation activities are summarised as follows.

2.1.5 COMMUNITY Eight separate sessions were held during the preparation of the CEP concept.

3 May 2011 Two Inception Workshops

24 May 2011 Two Master Plan Workshops

14 June 2011 Two Preliminary Concept Design Workshops

12 July 2011 Two Concept Design + architectural Options Workshops

Indigenous consultation continued during the preparation of the CEP with multiple groups. Targeted consultation with key stakeholders in relation to theatre planning and acoustics design also continued through the design and planning phase.

Community consultation has formed an intrinsic part of concept design development, and has been highly productive, informing and influencing overall strategies as well as specific components of the project. Additional detail regarding consultation is provided in Appendix V.

2.1.6 USER GROUPS The following groups have been consulted as part of concept design development:

Multicultural advisory group

Performing arts centre group

School user group

A number of additional User Groups will be formed and maintained during future project phases, these include:

Access and equity committee

Ongoing Indigenous consultations

Indigenous Advisory Committee

Public Art Advisory Committee

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Performing Arts reference group

Venue users reference group

Venue operators reference group

Community reference group

Educational institutions reference group (including Schools, TAFE and James Cook University

2.1.7 PORTS NORTH Ports North is the land owner and the Assessment Manager for the CEP site which will be provided on a 99 year lease to Cairns Regional Council. Consequently, extensive and ongoing consultation has been undertaken with Ports North during the preparation of the concept design. Specifically, significant effort has been undertaken by the team to respond to Ports North ‘Overriding Objectives’ and ‘Buffer Issues’ report discussed later in this application.

Ports North has a clear mandate as expressed in its land use plan to continue to utilise the wharf and the port road on the waterfront side of the CEP site for port operations. These areas have been specifically considered through the design process, and have limited accessible to the public. Detailed information on the projects response to overriding objectives is provided is Section 7 of this report.

2.1.8 DESIGN DEVELOPMENT SUMMARY Since selection of the final CEP design option, the design team has made ongoing refinement to the master plan and stage 1 design. Emerging from the team’s initial response to Ports North’s Overriding Objectives was a series of guidelines issued to all members of various disciplines in the consulting team. While initial design concepts had gone some way toward addressing the overarching aims of the objectives, further detailed assessment of factors including but not limited to port operations scenario testing, traffic and parking , noise, odour, landscaping, wind impact, civil design, disabled access, hazard and risk have all been considered in the finalisation of the current design, and are presented in the various appendices to this report. This report reflects the culmination of this work and presents the final master plan and stage 1 design for final approval.

2.2 PLANNING APPROVAL PROCESS The Sustainable Planning Act 2009 (SPA) is the primary legislative mechanism governing the Queensland planning framework. A range of approval processes are applicable, and these consider various types of development including making a material change of use of premises, reconfiguring a lot and the carrying out of building, operational, plumbing or drainage work. SPA is aimed at achieving ecological sustainability by coordinating and integrating planning at the local, regional and state levels and managing the process by which development occurs, and managing the effects of development on the environment.

The Act provides a mechanism for gaining various development approvals via the Integrated Development Assessment System (IDAS), including required approvals under other Acts such as the Environmental Protection Act 1994 (EP Act), Nature Conservation Act 1992 (NCA) and Vegetation Management Act 1999 (VMA).

The assessment of and issue of development application determination in general is undertaken by Regional Councils, however of particular relevance to this project, being situated on Strategic Port Land governed by the Cairns Port Authority, development approval is subject to an alternative mechanism.

Under the provisions of the Transport Infrastructure Act the Port Authority is conferred the power to prepare and administer its own planning scheme, governing land use activity on Strategic Port Land. As such, development applications for all aspects of the development will be prepared and lodged for assessment by Cairns Port Authority. The application process follows the IDAS process established under the SPA, and will be subject to all referral processes to State Agencies relevant under SPA.

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As such, development applications to be prepared for the project (as detailed below) will be developed having consideration of all relevant federal and state legalisation, Planning Scheme matters, regional planning and state matters.

The development approval process for CEP will comprise several discrete applications, detailed (in order) for reference below.

2.2.1 APPLICATIONS REQUIRED Application 1 – Resource Entitlement

Under section 264 of the Sustainable Planning Act 2009 (SPA), Resource Entitlement is required to be obtained where development is proposed over State land. Evidence of Resource Entitlement is required to be obtained prior to the lodgement of any application involving this State land to ensure that the application is ‘properly made’.

An application for Resource Entitlement has been completed for the proposed discharge of stormwater into Trinity Inlet and is included as part of this application in Appendix P. Further General Authority for encroachment into a road reserve by an awning has also been included.

Application 2 – Exemption Certificate

Heritage consultants, Converge have sourced an Exemption Certificate for preliminary site investigations that are currently occurring on site (Approved 23 February 2012).

This approval facilitates the undertaking of the following investigative works on White Shed.

Temporary localised bracing of the structural framing; Permanent removal of the concrete topping extant over the floor; Temporary removal and storage of a large proportion of the timber floor boards; and Trial excavations to six existing footings.

These works are currently occurring on site with the assistance of a local civil contractor.

Application 3 – Preliminary Approval (This Application combined with Application 5)

The Preliminary Approval application covers the whole site and is intended to establish a framework for the future redevelopment of the precinct at a high level. The Preliminary Approval will not override the provisions of the Ports Land Use Plan but will provide a level of certainty for the future redevelopment of the site. A detailed description of the proposal is provided in Section 4 of this report.

Application 4 – Subdivision by Lease

Where a lease is to be granted for a term exceeding 10 years, including renewal options, the granting of the lease is defined as ‘reconfiguring a lot’ which is defined as development under the SPA. Accordingly, the fourth application to be carried out is a Subdivision by Lease application. This application would allow for the southern extremity of the site to be leased to an alternate party.

The subdivision by Lease application is requested to form a condition of approval for the Stage 1 component of development.

Application 5 – Stage 1 Development Application Approval (This Application combined with Application 3)

This development application seeks to facilitate the construction of Stage 1, being the 1100 seat performing arts centre and public plaza. A detailed description of the proposal is provided in Section 5 of this report.

Application 6 – Tidal Works Application

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An Application for Tidal Works is also required to be prepared, and will be carried out concurrently (but as a separate application) with the Stage 1 and Preliminary approval Development Application. Tidal Works is defined by DERM as work undertaken on land that is in, on or above land under tidal water, or land that will or may be under tidal water because of development on or near the land and work that is an integral part of the relevant work, wherever located. Tidal works also includes works designed to be exposed to tidal water because of shoreline fluctuations.

Due to the location of the site adjacent to Trinity Inlet and within Strategic Port land, a Tidal Works Application will be required to be lodged to the Cairns Port Authority for assessment. The Tidal Works application may also be referred to DERM for assessment.

Further and Enabling Applications

The following further applications are also typically required to be lodged after the Stage 1 Development Approval has been received:

Other Operational Works application for discrete components of work; and Building Works application for discrete components of work.

However, Ports North Land Use Plan is silent on a need for these applications, and the project team will work with Ports North to establish a informal process for approval of these detailed plans during the construction design phase of the process.

Further applications for material change of use approval will also be made separately in the future for Stage 2, 3 and 4 of the CEP master plan.

2.2.2 SUMMARY OF APPROVAL REQUIREMENTS The below diagram provides a graphical representation of the above-mentioned applications.

FIGURE 3 – APPLICATIONS REQUIRED PLANNING APPROVALS SUPPORTING APPROVALS

PRELIMINARY APPROVAL FOR CEP RESOURCE ENTITLEMENT MASTERPLAN (received from DERM)

&

DEVELOPMENT APPLICATION - STAGE EXEMPTION CERTIFICATE 1 PAC (For Investigative Work on Whites Shed – Approval Received) (Combined application)

TIDAL WORKS (lodged with Ports) SUBDIVISION BY LEASE

(Creating Lease Title) OPERATIONAL WORKS

(Various works approvals) FURTHER STAGED APPROVALS STAGES 2,3,4

(Approvals for the White’s Shed, Museum BUILDING WORKS and Performing Arts Stage 2) (Building Approval linked to Building Certification)

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3 Site Context and Characteristics

3.1 SITE CONTEXT

3.1.1 REGIONAL CONTEXT The Cairns Entertainment Precinct site is located within the Port of Cairns, situated directly to the west of Cairns CBD. The Port of Cairns is a key regional asset for Far North Queensland, and has a dual operation as both a traditional seaport, servicing the , Far North Queensland region and other various national and international depots; and also as an important tourist exchange point, providing transport and interchange services for a large number of cruise ship and tourist vessels.

The Port of Cairns’ significant location to the immediate west of the Cairns CBD allows it to maintain a strong connection to the mix of commercial, industrial, retail and residential operations of the city centre; as well as maintain a direct link to the Trinity Inlet at the seaward extremity of the western shore. This locational advantage allows the Port of Cairns to draw on a large population base both nationally and internationally making it one of Australia’s most active cruise ports. The Port of Cairns is also a major contributor to economic output in the Far North Queensland region with benefits impacting many industry sectors including tourism, marine industry, transport, property and business services. The Port also acts as a strong employment hub and activity generator for the Far North Queensland region and contributes to the overall character and vibrancy of both the city and region.

3.1.2 LOCAL CONTEXT The Port of Cairns is located directly to the west of Cairns CBD at the seaward extremity of the western shore of the Trinity Inlet. The Port of Cairns is the most northern port on the eastern seaboard and is the closest port to the Great Barrier Reef. The Cairns Entertainment Precinct is located in the centre of the Ports land, between Wharf Street to the west, Trinity Inlet to the east, ports marina to the north and industrial seaport facilities to the south. This strategic location within the centre of the Ports land means the Cairns Entertainment Precinct site acts as a buffer area between the tourist rich marina and the traditional seaport activities to the south, providing a transition between the two uses. The location of the site and its context is illustrated below.

FIGURE 4 – LOCAL CONTEXT MAP

Emerging Cultural Precinct

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3.2 SITE CHARACTERISTICS

3.2.1 PROPERTY DESCRIPTION This site is located at Wharf Street, Cairns, within the limits of the Far North Queensland Ports Corporation land. The site is bound by the Trinity Inlet to the west, Wharf Street to the east, and Ports land to the north and south. The land parcels the subject of this application are formally described as Part Lot 9 on SP113632 and Part Lot 10 on SP214821 being the proposed lease area identified by the figure below. The portion of land the subject of this application has a combined area of 1.43 Hectares

FIGURE 5 – PROPOSED LEASE AREA

3.2.2 LAND OWNERSHIP AND ENCUMBRANCES The site is owned by Far North Queensland Port Corporation Limited (refer to Title Searches contained in Appendix N). Owner’s Consent for the lodgement of this application is attached as part of the application

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package, as indicated on IDAS Form 1. The subject lots are not burdened by any easement or encumbrances.

3.2.3 STATE HERITAGE SIGNIFICANCE The site contains a portion of the Cairns Wharf Complex which is identified on the Queensland Heritage Register (Register Number 601790). Key elements of Cultural heritage significance identified by this listing include:

Existing Wharf sheds, numbers 2 and 3 and Whites Shed.

The remnant bag stacking machinery located in Whites Shed

Existing clock tower structure

Existing railway lines.

‘Whites Shed’ is also identified as being protected by the Cairns Conservation Management Plan. This matter is discussed in detail later in Appendix H to this report, providing a Statement of Heritage Impact for the development.

It is important to note however in the context of this application, that the integration and adaptive re-use in an effective and sensitive fashion has been a matter of importance in the design process. While the ultimate use of the shed is contemplated as part of the overall Master Plan, this application package does not propose any immediate work to the structure. In order to fully embrace the conservation of the Shed and any particular items of heritage significance, a separate but parallel process of assessment has been undertaken. An application for an Exemption Certificate for Investigative Works has been sought and approved through DERM, and these works are about to commence. Following a thorough analysis of the structure and materials on site, a clear plan for adaptive transformation will be identified and will guide any future design consideration. As clearly identified in the staging process of the master plan, and enshrined in the preliminary approval application, future renovation and eventually use of White’s Shed will be the subject of a separate development application.

3.2.4 SITE CONTAMINATION The site is identified on the Queensland Environmental Management Register (EMR). The EMR Certificate identifies that the site has been the subject of the following Notifiable Activities, pursuant to section 374 of the Environmental Protection Act 1994:

Petroleum product or oil storage

Waste storage, treatment or disposal

The site is not listed on the Contaminated Land Register (CLR). This matter is discussed in detail in Appendix J to this report.

3.2.5 EXISTING LAND USES The portion of the site to be used by CEP is not currently used for any specific purposes, and is largely vacant. The site currently contains the heritage listed White’s Shed and other minor ancillary structures and has previously been used for sugar storage/loading and later used to store copper concentrate for the Red Dome mine. The balance of the site is used for port activities. Photographs of the existing land uses on the site are provided in the Figure below.

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FIGURE 6 – SITE PHOTOGRAPHS

PICTURE 3 – VIEW ACROSS SITE TO CRUISE TERMINAL PICTURE 4 – VIEW ACROSS SITE TO PROPOSED WHARF STREET ENTRY

PICTURE 5 – VIEW ACROSS SITE TO CONVENTION PICTURE 6 – VIEW ACROSS SITE TO WHITES SHED CENTRE

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4 Development Application Proposal - Preliminary Approval for Cairns Entertainment Precinct Master Plan

4.1 OVERVIEW This development application package comprises a combined application for two separate approvals. The first is a Preliminary Approval for the entire Cairns Entertainment Precinct site and various staged current and future aspects of the development thereof. The second is a Development Application for a Development Permit for a Material Change of Use approval for the Stage 1 Performing Arts Centre. The following sections describe the nature of each application and the components therein.

This approach to the application process responds to the need for effective delivery of the primary and immediate components of the proposed development on site, but also, and with particular regard to the wider context of Ports North’s overriding Objectives, to ensure that the ongoing and future development aspects of the site are clearly considered and that the agreed parameters for the development of the entire site over time are agreed.

This Section 4 of this report deals with the Preliminary Approval and whole of site Master plan, while the following Section 5 provides detail of the Stage 1 Development Application for the Performing Arts Centre.

4.2 PRELIMINARY APPROVAL – CAIRNS ENTERTAINMENT PRECINCT The Cairns Entertainment Precinct ultimately comprises a complete transformation of currently vacant and unutilised land held by FNQ Ports Corporation. The development will include a world class Performing Arts complex to be delivered in two stages, adaptive re-use and integration of White’s Shed, a State listed building, and the development of a museum all linked and gathered together around a central organising space comprising an covered public plaza. The development will form a cornerstone for the Cairns CBD, and will cement the immediate location and surrounding areas as the hub of tourist based and entertainment activity for the region. The development is however of a magnitude that requires a staged and carefully integrated approach to delivery.

Development of the Cairns Entertainment Precinct is therefore planned in a series of discrete stages of development, comprising – importantly - clearly distinguished buildings and uses, however also recognising effective temporary treatment of interim spaces for future development.

FIGURE 7 – DESIGN PHILOSOPHY

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The interrelationships of each of these stages of development, and the importance of consideration of broader land use and development, environmental and community aspects of the proposal require a holistic and overarching consideration of the site as a whole, and its effective integration with Cairns CBD, and surrounding key attractions – including the long planned establishment of the area as a tourism and cultural hub for the city.

To that end the first component of the statutory approval process is an application for Preliminary Approval for the Site Master Plan, made under S.241 of the Sustainable Planning Act 2009.

Whilst proceeding through the mandated IDAS process for a development application, we note that approval of the Master Plan as a S.241 preliminary Approval does not issue approval for any form of development. The approval provides the framing mechanism, and approval in principle for future development of all individual aspects of the CEP as detailed below.

The Precinct is proposed to be carried out over 4 stages as depicted and described below.

FIGURE 8 – MASTER PLAN – STAGING PLAN

DEVELOPMENT PARAMETRES

A summary of the overall development parameters for the site is provided below.

Proposed Use Cairns Entertainment Precinct – Master Plan (including Performing Arts Centre, Refurbished White’s Shed, Museum and Plaza)

Total Site Area 1.43 Hectares

Building Heights Maximum RL 39.35m

Total GFA 13,729m2 comprised of:

Stage 1 - Performing Arts Centre: 7,145m²

Stage 2 - White’s Shed Refurbishment: 1,484m²

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Stage 3 – Museum: 3,400m²

Stage 4 – 450 Seat Performance Space: 1,700m²

Car Parking 105 car parks are proposed to service this demand on site with 112 being provided off site to service the balance of demand for Stage 1 and the remaining stages of the preliminary approval.

Vehicle Access Entrance to basement car park for public and staff parking is provided off Wharf Street

FIGURE 9 – VEHICLE MOVEMENT

Pedestrian Pedestrian access is provided from Wharf Street. No access is provided to the Ports Access Access Road to the east of the site.

FIGURE 10 – PEDESTRIAN MOVEMENT

Servicing Entrance to theatre and general loading docks is provided from the Southern Ports Access Road (refer Figure 9).

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4.3 STAGE 1 – PERFORMING ARTS CENTRE AND ENVIRONS Stage 1 will involve the development of the Performing Arts Centre. The Performing Arts Centre is the key element of the CEP development, replacing the existing Cairns Civic Theatre as the primary performing arts and cultural centre for Cairns and celebrating the cultural diversity and heritage of the region. The Performing Arts Centre will comprise approximately 1000 seat theatre, rehearsal/studio space, and back of house facilities.

The plaza space proposed at the foreground to the Performing Arts Centre will celebrate the region’s tropical climate by providing shaded recreation spaces for the community, incorporating environmental features into the shade structures, and offering spaces for community interaction and engagement. The public plaza space will provide a physical connection between Wharf Street and the Ports Wharf and will connect with the pedestrian networks along these frontages

The area boundary for Stage 1 notably also incorporates the footprint area for the future second Performance Space, and Museum. These areas will be utilised as temporary landscaped areas in the interim, with appropriate landscape treatment to allow pleasant informal open space framing the emerging components of the site.

As part of this first application package a Development Permit is being sought for approval of Stage 1 as a combined application with the Preliminary Approval for the site.

FIGURE 11 – STAGE 1

4.4 STAGE 2 – WHITE’S SHED (FUTURE DEVELOPMENT) Stage 2 will involve the refurbishment of White’s Shed including the addition of a new awning. The refurbishment will focus on the creation of useable spaces within White’s Shed that will be sufficiently flexible to allow for a variety of activities consistent with the overall cultural/community focus of the CEP. White’s Shed will also meet the identified need for a clearly defined meeting space within the Precinct,

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which in conjunction with the public plaza spaces; will strengthen the community focus of the development.

An Exemption Certificate for investigative works has been approved by the DERM dated 23rd February 2012, and is currently being undertaken. While this development application package notably proposes no specific development approval for the structure, it is the stated intent and the mandated direction of the project design process to ensure appropriate conservation of all significant heritage fabric where possible, and incorporation of the shed into the future development and use of the site overall. To that end, the investigative works being undertaken at present will inform the preparation of a future development application for the shed, either to enshrine an approved use, or potentially to clearly define and address approval for any significant work required to ‘make good’ the building and fabric.

FIGURE 12 – STAGE 2

4.5 STAGE 3 – MUSEUM (FUTURE DEVELOPMENT) Stage 3 will involve the development of a Museum along Wharf Street, which will open out to the public plaza spaces and integrate with Whites Shed to the east. The building footprint of the Museum is notionally shown on supporting plans and its development will be subject to a future detailed development application. While not pre-empting the full content of any future application, the appropriate recognition and importance of design cohesion with the heritage significance of White’s Shed is clearly recognised and will form a fundamental component of any application process.

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FIGURE 13 – STAGE 3

4.6 STAGE 4 – PERFORMING ARTS EXPANSION Stage 4 will involve the development of a 450 seat performance space adjacent to the Performing Arts Centre. The expansion allows the precinct to expand at a time that increased demand for its use occurs. The building footprint of the performing arts centre expansion is notionally show on supporting plans and its development will be subject to a future detailed development application.

FIGURE 14 – STAGE 4

4.7 MASTER PLAN CURRENCY PERIOD It is noted that the Business Case for the development proposes a ten (10) year timeframe for full delivery of the project, however particularly as a Preliminary Approval it is considered appropriate to allow a significant degree of flexibility in the timing and commitment of community funds required.

A currency period of twenty (20) years is therefore requested for the CEP Preliminary Approval. This timing is considered reasonable to allow the establishment of the entire precinct under this approval.

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5 Development Application Proposal – Stage 1 Performing Arts Complex

The Performing Arts Complex forms the primary development outcome on site. To support the application for development permit for this stage, additional detail is provided as follows.

5.1.1 DESIGN PHILOSOPHY The overall master plan locates the Performing Arts Centre development to the south of the site where the larger land area exists. This site abuts the southern access road, facilitating servicing access to the performance venues. The plan of the Performing Arts Centre creates a 1,000 seat Proscenium Theatre complex along Wharf Street and into the heart of the site, such that at a later stage, a 450 seat flexible theatre can be constructed along the eastern (port) edge. This strategy is devised so that the development will still have a complete look when viewed along Wharf Street. A multipurpose Rehearsal Space occupies part of the Wharf Street frontage.

FIGURE 15 – PROPOSED PERFORMING ARTS CENTRE

The ‘core’ of the site is proposed for a large area of public and community spaces, including areas for covered outdoor performances and other events. This area comprises a Lower Level Plaza and an Upper Level Plaza, the latter providing main access to the theatre foyers. The Lower Level Plaza is slightly raised above Wharf Street for storm and flood protection, and it provides access to a range of community facilities including a Commercial Kitchen and Studio area. Theatre patrons can use this level to access lifts up to the Upper Plaza Level. The Lower Level Plaza provides a raised platform surrounding a covered amphitheatre opening into the southern end of White’s Shed.

The Upper Level Plaza partially covers the Lower Level Plaza, providing weather protection to certain facilities and spaces. This upper plaza is accessed by broad stairs which can also facilitate spectator seating to outdoor performances. The upper plaza is comparable in area to the foyer system with which it is contiguous, the combined area creating a large public space with spectacular views out over Trinity Inlet.

A basement car park for 105 car spaces is proposed under the Performing Arts Centre component, as discussed in more detail in the Traffic Report in Appendix E to this report.

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FIGURE 16 – SITE PLAN (LOWER PLAZA)

FIGURE 17 – SITE PLAN (UPPER PLAZA)

5.1.2 STAGE 1 DETAILS A summary of the key development parameters is provided at Table 1 below. The table should be read in conjunction with the architectural drawings included in Appendix C to this report.

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TABLE 1 – STAGE 1 PAC DETAIL

DEVELOPMENT PARAMETRES

Proposed Use Performing Arts Centre

Total GFA 7,145m²

Building Heights Maximum RL 39.35m (at the fly tower – the highest point of the PAC)

Car Parking 105 car parks are proposed to service this demand on site with 112 being provided off site to service the balance of demand for Stage 1 and the remaining stages of the preliminary approval.

Vehicle Access Entrance to basement car park for public and staff parking provided off Wharf Street (refer Figure 9).

Pedestrian Access Pedestrian access is provided from Wharf Street. No access is provided to the Ports Access Road to the east of the site (refer Figure 10)

Servicing Entrance to theatre and general loading docks is provided from the Southern Ports Access Road (refer Figure 11).

FIGURE 18 – PERSPECTIVE

PICTURE 7 – VIEW FROM WHARF STREET DROP OFF

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6 Statutory Planning Framework

6.1 RELEVANT ACTS AND LEGISLATION This section outlines the relevant legislation to be taken into consideration in the determination of this application.

6.1.1 TRANSPORT INFRASTRUCTURE ACT 1994 In December 2000, amendments were made to the [then current] Integrated Planning Act 1997 (IPA) and the Transport Infrastructure Act 1994 (TIA) which designated the role of Assessment Manager to Port Authorities where development applications were lodged wholly over Strategic Port Land.

These provisions were transferred to the Sustainable Planning Act 2009 (SPA) upon its release in 2009. Under the provisions of the TIA and SPA, the Far North Queensland Port Corporation is identified as the relevant Assessment Manager to assess this development application.

Under the Port Land Use Plan, Consistent Development is exempt. Where a proposal is inconsistent with the Land Use Plan the development is required to undergo Code assessment and a development application is required to be lodged with Ports North. We note as part of the application it will be referred to the Minister for Transport and Planning and the Minister may require additional public notification. Importantly, this does not mean the application can be made Impact assessable; rather the Minister can seek additional consultation to seek community feedback for consideration in the Minister’s role.

6.1.2 COASTAL MANAGEMENT ACT 1995 AND QUEENSLAND COASTAL PLAN The purpose of the Coastal Management Act 1995 is to provide for the protection, conservation, rehabilitation and management of the Coastal Zone. On 3rd February 2012, the State Government released the Queensland Coastal Plan which sets out provisions for the protection of land included within the Coastal Zone and Coastal Management Districts. The Queensland Coastal Plan replaces the State Coastal Management Plan (2001) and associated regional Coastal Management Plans. The Queensland Coastal Plan incorporates State Planning Policy 3/11 for Coastal Protection.

Queensland Coastal Plan mapping indicates that the site is triggered by the following:

Coastal Zone;

Coastal Management District;

High Hazard Area (greater than 1 metre water depth);

Medium Hazard Area (less than 1 metre water depth) (minor portion of the site affected);

Erosion and permanent inundation of land due to sea level rise; and

Erosion due to storm impact and long term trends of sediment loss and channel migration (minor portion of the site affected).

According to Section B6 of SPP3/11, the State Planning Policy is applicable to the proposed development, as the site is located within the Coastal Management District and is for a Material Change of Use that will “result in building work that involves the construction of a new premises with a gross floor area of greater than 1000 square meters”. The Development Assessment Code contained within Annex 2 of SPP3/11 is therefore applicable to this application.

The Coastal Management Act 1995 and Queensland Coastal Plan (including SPP3/11 and its associated Development Assessment Code have been addressed by Cardno in the Wetland Assessment report attached to this report as Appendix U. As evident in Cardno’s report, the proposal complies with the intent of the Queensland Coastal Plan and the Coastal Management Act 1995.

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6.1.3 QUEENSLAND HERITAGE ACT 1992 The purpose of the Queensland Heritage Act 1992 is to provide for the conservation of Queensland’s cultural heritage assets for the benefit of the community and future generations. Part of the project area lies within the Cairns Wharf Complex area (including White’s Shed and the railway lines), which is listed on the Queensland Heritage Register (QHR – Place ID 601790).

The relevant provisions of the Queensland Heritage Act 2003 have been addressed by Converge in the Heritage Assessment Report attached as Appendix H and summarised in Section 8 of this report.

6.1.4 ABORIGINAL CULTURAL HERITAGE ACT 2003 The Aboriginal Cultural Heritage Act 2003 requires that a person who carries out an activity causing surface disturbance must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal Cultural Heritage (the cultural heritage ‘duty of care’). Amongst other things, the ‘duty of care’ is aimed at protecting areas and artefacts of Aboriginal Cultural Heritage from the potentially adverse impacts of development.

A search of the Aboriginal and Torres Strait Islander Cultural Heritage Register and Database undertaken with DERM and no heritage items are identified of Aboriginal cultural heritage on the parcels of land comprising the site. Please refer to the search results attached as Appendix Q.

6.1.4.1 STATE PLANNING REGULATORY PROVISIONS State Planning Regulatory Provisions have the ability to regulate and prohibit development, despite the provisions of a local planning instrument. As outlined in Table 2 below, one State Planning Regulatory Provision (Far North Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions 2009) is applicable to this development application.

TABLE 2 – ASSESSMENT OF STATE PLANNING REGULATORY PROVISIONS

Current Regulatory Provisions Applicability Comment

South East Queensland Koala Conservation State Not Applicable The site is not identified within an Planning Regulatory Provisions (commenced 31 Assessable Development Area in the May 2010). SEQ Koala Conservation trigger maps.

Draft Wyaralong trail bike State Planning Not Applicable The site is not located in Wyaralong Regulatory Provision nor is the proposed development for a motor sport activity facility.

Draft Wide Bay Burnett State Planning Regulatory Not Applicable The site is not located within the Provisions Wide Bay Burnett region.

Guragunbah State Planning Regulatory Provision Not Applicable The site is not located within the Guragunbah region.

Draft State Planning Regulatory Provisions (Adult Not Applicable The proposed development does not Stores) involve an Adult Store.

South East Queensland Regional Plan 2009-2031 Not Applicable The site is located within the Urban State Planning Regulatory Provisions Footprint.

Far North Queensland Regional Plan 2009-2031 Applicable The site is located within the Far State Planning Regulatory Provisions 2009 North Queensland region. The application therefore requires assessment against the Far North Queensland Regional Plan,

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addressed in section 6.1.3 of this report.

Draft Yeerongpilly TOD State Planning Regulatory Not Applicable The site is not located within the area Provision of the Yeerongpilly TOD.

Off-Road Motorcycling Facility on State-Owned Not Applicable The site is not located in Wyaralong Land at Wyaralong nor is the proposed development for a motor sport activity facility.

Draft Mackay, Isaac and Whitsunday State Not Applicable The site is not located within the Planning Regulatory Provisions 2011 Mackay, Isaac and Whitsunday region.

6.1.4.2 STATE PLANNING POLICIES State Planning Policies are a mechanism by which the State Government expresses its interest in economic, social or environmental issues that can be implemented through Planning Schemes and development assessments. State Planning Policies are required to be integrated into Local Planning Schemes and Regional Plans and where this has not occurred, the Policies are to be considered when assessing development applications, if relevant. The Ports Land Use Plan does not specifically nominate which State Planning Policies have/have not been incorporated into the Scheme. As a result, all current State Planning Policies have been addressed individually in this application.

An assessment of the proposed development against the provisions of the current State Planning Policies is provided in Table 3 below.

TABLE 3 – CURRENT STATE PLANNING POLICY PROVISIONS

State Planning Policies Applicability Comment

SPP1/92 – Development and the Conservation of Not Applicable The site does not contain any good Agricultural Land aims to ensure good quality quality agricultural land. This Policy is agricultural land is properly conserved and therefore of no relevance to this managed to ensure its protection and livelihood into application. the future.

SPP 2/02—Planning and Managing Development Applicable The site is identified as being subject involving Acid Sulfate Soils sets out the State’s to acid sulphate soils. This State interests concerning development involving acid Planning Policy is therefore of sulfate soils in low-lying coastal areas. relevance to this application and has been considered as part of this proposal.

It is requested that the preparation of further detailed management plans be included as a conditions of approval and addressed in later stages of development.

SPP1/03 – Mitigating the adverse impacts of flood, Applicable Bushfire and landslide are not bushfire and landslide is intended to manage future applicable to the site. The site is development so that the impacts of flood, bushfire identified as containing flood prone and landslide on people, property and the land. This State Planning Policy is environment is appropriately managed. therefore relevant to this proposal.

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Please refer to the Civil Report prepared by Cardno for a full assessment of the proposal in relation to flood, and proposed mitigation measures adopted as part of the overall site and architectural design.

SPP 2/10—Koala conservation in South East Not Applicable The site is not included within the Queensland aims to ensure that koala habitat SEQKPA. This Policy is therefore of conservation is taken into account in planning no relevance to this proposal. processes within the South East Queensland Koala Protection Area (“SEQKPA”), contributing to a net increase in koala habitat in south-east Queensland, and assist in the long term retention of viable koala populations in south-east Queensland.

SPP 4/11—Protecting wetlands of high ecological Applicable The site is included within the Great significance in Great Barrier Reef catchments Barrier Reef catchment. This State seeks to ensure that development in or adjacent to Planning Policy therefore applies. wetlands of high ecological significance in Great Barrier Reef catchments is planned, designed, The proposal will have no impact on constructed and operated to prevent the loss or the adjoining Trinity Inlet, other than degradation of wetlands and their values, or the disposal of stormwater. enhances these values, in particular, the Stormwater quality measures will be hydrological regime and ecological values of those included as detailed by the Cardno wetlands. Wetland Management Plan (Appendix U) to ensure no adverse impacts result from the development.

SPP 2/09—Acceleration of Compliance Not Applicable The proposed development does not Assessment applies to requests for compliance involve a request for compliance assessment for development for reconfiguring a lot assessment nor is it for a that require compliance assessment. reconfiguration of a lot that requires assessment. This Policy is therefore of no relevance to the consideration of this proposal.

SPP 1/02—Development in the Vicinity of Certain Not Applicable The height of the proposed Airports addresses planning for and in the vicinity of development means it will not intrude certain aerodromes and aeronautical facilities. The into the relevant airspace and policy requires Local Authorities to take account of therefore does not require current and future aircraft operational requirements assessment under the Policy. when considering development applications in the vicinity of such facilities, among other matters.

SPP 1/07— Housing and Residential Development Not Applicable The Policy has no effect when seeks to ensure that large, higher growth local development applications are governments identify their community’s housing assessed and is therefore of no needs and analyse (and modify, if necessary) their relevance to this proposal.

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planning schemes to remove barriers and provide opportunities for housing options that respond to identified needs.

SPP 2/07— Protection of Extractive Resources Not Applicable The proposed development is not identifies those extractive resources of State or located in an identified Key Resource regional significance where extractive industry Area of SPP2/07. This Policy is development is appropriate in principle, and aims to therefore of no relevance to the protect those resources from developments that proposed development. might prevent or severely constrain current or future extraction when the need for utilisation of the resource arises.

SPP 1/09 — Reconfiguring a Lot Code for Land in Not Applicable The proposed development does not Indigenous Local Governments to which a Local involve a reconfiguration of a lot Planning Scheme does not apply seeks to ensure within an Indigenous Local that private residential housing provided under the Government area. This Policy is of National Partnership Agreement on Remote no relevance to the proposed Indigenous Housing is planned, designed, development. constructed and operated to ensure adequate connection to related infrastructure.

SPP 4/10 – Healthy Waters is intended to ensure Applicable The proposal will have no impact on that development is planned, designed, constructed the adjoining Trinity Inlet, other than and operated to manage stormwater and waste the disposal of stormwater. water in ways that help protect the water environmental values specified in the Environment The civil report prepared by Cardno, Protection (Water) Policy 2009. attached as Appendix U – Wetland Report.

SPP 5/10 – Air, Noise and Hazardous Materials Not Applicable This proposed development is not seeks to facilitate the protection of the health and considered a ‘sensitive’ land use, and wellbeing of individuals and the community from is not listed in a management area adverse impacts of air and noise emissions. The under the Policy. This Policy is SPP also seeks to facilitate the protection of human therefore not applicable. safety from the impacts of hazardous materials, while preserving the viable operation of industrial activities in Queensland.

SPP211 – Planning for Stronger, More Resilient Not Applicable This application does not involve the Floodplains (Temporary) has been developed to amendment of a Planning Scheme support those Councils who wish to adopt the by a Local Government. As such, this floodplain maps and the code provisions into their Temporary SPP is not applicable. existing planning schemes.

SPP3/11 – Coastal Protection and the State Policy Applicable The site is located within the ‘Coastal for Coastal Management provide direction and Zone’ and ‘Coastal Management guidance about the management of coastal land in District’ under the Coastal Queensland to achieve the objectives of the Management Act 1995 and Coastal Act. Queensland Coastal Plan (which encompasses SPP3/11). This Policy is therefore of relevance to this

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application. The SPP3/11 Development Assessment Code has been addressed in detail in Appendix U – Wetland Report.

6.1.5 REFERRAL AGENCIES The following table identifies the Referral Agencies relevant to this development application.

TABLE 4 – RELEVANT REFERRAL AGENCIES

TRIGGERS/DETAILS COMMENT

Department of Transport and Main Roads (DTMR)

State Controlled Road The proposal exceeds the thresholds identified in Schedule 11 of the Sustainable Planning Regulation 2009. This application will therefore require referral to DTMR.

Land Use and Public Transport The proposal exceeds the thresholds identified in Schedule 12 of the Sustainable Planning Regulation 2009. This application will therefore require referral to DTMR.

Railway Safety and Efficiency The proposal exceeds the thresholds identified in Schedule 13 of the Sustainable Planning Regulation 2009. This application will therefore require referral to DTMR.

Department of Environment and Resource Management (DERM)

Environmentally Relevant Activity The facility will not be provided with a standby generator system. Provision will be made for a connection point in the loading dock for temporary generator.

Acid Sulphate Soils The site is identified as being prone to Acid Sulphate Soils, as it contains land below 20 metres AHD. This application will therefore require referral to DERM.

Coastal Management District The site is contained within a Coastal Management District under the Coastal Management Act 1995 and Queensland Coastal Plan. This application will therefore require referral to DERM.

Great Barrier Reef Wetland The site is contained within the Great Barrier Reef Wetland Management Area (trigger area). This application would therefore require referral to DERM.

Contaminated Land The site is located on the Environmental Management Register as it is identified as containing petroleum product; fuel storage; and/or waste storage, treatment or disposal.

Heritage The site is identified as containing State Heritage values. This application will therefore require referral to DERM.

Wetland Management The site is identified within the trigger area of a Wetland Management Area. The Wetland Management Area is located adjacent the site

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TRIGGERS/DETAILS COMMENT

(encompassing the Trinity Inlet and surrounding coastal zone).

Port Authorities

Strategic Port Land The site is located on Strategic Port Land. As the Far North Queensland Port Corporation is the Assessment Manager for this application (in accordance with the Transport Infrastructure Act 1994), this application will not require a separate referral to the Far North Queensland Port Corporation.

However the application will require referral to the Minister.

Department of Emergency Services

Major Hazard Facilities A major hazard facility is not proposed as part of this application.

6.1.6 FAR NORTH QUEENSLAND REGIONAL PLAN 2009 -2031 The Far North Queensland Regional Plan 2009-2031 (FNQ Regional Plan) was adopted in February 2009 and is intended to provide a framework for the sustainable management of growth and development in the Far North Queensland region until 2031.

The site is contained within the ‘Urban Footprint’ of the FNQ Regional Plan (refer Figure 19). Under the FNQ Regional Plan the site is identified as supportive “Regionally Significant Infrastructure” which is to be protected and enhanced. The FNQ Regional Plan regulatory provisions do not apply to the site as they are primarily aimed at protecting and conserving land outside the ‘Urban Footprint’.

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FIGURE 19 – FNQRP MAPPING - URBAN FOOTPRINT

SiteSite

6.1.7 FAR NORTH QUEENSLAND INFRASTRUCTURE PLAN 2009-2031 The Far North Queensland Infrastructure Plan 2009-2031 (FNQIP) supports the FNQ Regional Plan by identifying the current and future needs of the region and outlining the infrastructure required to support the region’s desired growth in an efficient manner. The FNQIP highlights the importance of the region’s seaports in developing and supporting growth in the region. The Infrastructure Plan states that “seaports need to be carefully planned to provide for increased port and harbour activities. The planning and development of the seaport area also needs to consider and balance environmental constraints with the provision of facilities for passengers and port activities”.

A key initiative of the Infrastructure Plan is the $20 million upgrade to the Cairns Cruise Ship Terminal, located within Port land to the north of the site. This upgrade is expected to trigger increased growth and renewed activity within Ports land. This work is now complete.

The proposed development supports the intent of the FNQIP by re-enlivening currently vacant Ports land through the provision of an Entertainment Centre which will support the current and future needs of the region. The development will have no adverse impact on the upgrade to the Cairns Cruise Ship Terminal project envisaged within the FNQ Infrastructure Plan.

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7 Ports North Overriding Objectives

Cairns Regional Council and the project team recognise that the protection of Ports North operations both now and in the future are paramount. For this reason the Ports North Overriding Objectives have been included in this report as an additional layer of non-statutory planning criteria against which the concept has been assessed.

The 12 overriding objectives established by Ports North summarise the Ports intent to protect and conserve the operation of Port facilities into the future through the appropriate management of future development on Ports land. The below table summarises and provides a quick guide to the location of relevant information and additional work to assist Ports North in its assessment of this projects responses to these objectives.

We note that significant additional work and research has been undertaken since our representations to Ports North in August 2011. The extent of this work is reflective by the detailed technical assessment included as appendices to this planning report.

TABLE 5 – RESPONSE TO PORTS 12 OVERRIDING OBJECTIVES

OBJECTIVES RESPONSE

Objective 1 – The Design, construction and operation of the cultural The design, construction and precincts must satisfy Ports North’s ongoing seaport security and operation of the CEP development operation requirement so that Port facilities including wharves one to will satisfy Ports North’s ongoing six, Wharf 7/8, Container Yard and Workshop Area must remain fully seaport security and operation operational. requirements by:

- Incorporating security measures in accordance with Ports Cairns Port Maritime Security Plan and the Maritime Transport and Offshore facilities Security Act (MTOFSA) and Regulations.

- Incorporating buffering mechanisms (such as design orientation of buildings, constraint to public access, and landscape buffering) along the eastern boundary of the site to restrict pedestrian access and manage the impacts of noise and other hazards to/from Ports service road.

- Allowing for continued vehicular access to the ports service road from Wharf Street in accordance with Ports requirements.

Refer to section 3.2.11 and 4.3.3 of the Maritime report prepared by Cardno attached as Appendix K for further details.

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OBJECTIVES RESPONSE

Objective 2 – Vehicular access (by heavy and other vehicle) for Port Vehicle access is maintained to ports activities must be maintained to all wharves and connecting road facilities to the east of the site behind wharves. through the provision of an access road along the southern boundary of the site which connects Wharf Street with the ports service road.

Refer to section 6 of the Traffic Report prepared by Arup attached as Appendix E and section 4.4 of the Maritime report prepared by Cardno attached as Appendix K for further details.

Objective 3 – Vehicular access linkage to Wharf Street must be As above - Vehicle access to Wharf maintained Street is maintained through the provision of a southern access road which is proposed along the southern boundary of the site which connects Wharf Street with the ports service road.

Refer to section 6 of the Traffic Report prepared by Arup attached as Appendix E for further details.

Objective 4 - Cruise terminal operations must be maintained Cruise terminal operations are not adversely affected in any way by the proposed development, as the development will:

- Allow continued vehicular access from Wharf Street to the ports service road to the east of the site through the provision of a new southern access road (access to ports service road will be restricted to Ports vehicles only);

- Restrict all pedestrian access to ports land to the east of the site (through the incorporation of buffering mechanisms) in accordance with the RPS Buffer Areas Report;

- Incorporate security measures and hazard mitigation measures (including fencing) along the rear boundary of the precinct in

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OBJECTIVES RESPONSE

accordance with Ports Cairns Port Maritime Security Plan and the Maritime Transport and Offshore facilities Security Act (MTOFSA) and Regulations;

- Incorporate appropriate noise mitigation measures to limit the impact of the development on ports operations and vice versa.

It is considered that the establishment of a world class facility such as the CEP in this location will have a particularly beneficial effect, serving to consolidate the area as a destination and point of interest for tourism activity. This is directly in accordance with the stated intent of the Ports Land Use Plan.

Refer to sections 1-5 of the Maritime report prepared by Cardno attached as Appendix K for further details.

Objective 5 –The project design must take into consideration any site As noted previously in this report, the constraints such that it provides an appropriate transition and buffer consideration of the ongoing zone (in accordance with the buffer report and to the satisfaction of operation of the Port has been a Ports North) to Port operations fundamental component of all stages of design, including the regular engagement undertaken with Ports representatives. The design of the site as a whole embraces a philosophy of transition, with the bulkiest and ‘back of house’ aspects of the PAC oriented towards the main seaport activity. Public and general access has been minimised. Open plaza areas are embraced and shielded by the design of the main building, however still allow engagement with the view lines through to Trinity Inlet.

The proposal incorporates safety measures and hazard mitigation measures (such as fencing, restricted pedestrian access, and noise attenuation measures) that satisfy the relevant requirements of the

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OBJECTIVES RESPONSE

Buffer Area Issues Report.

The proposal also incorporates security measures and hazard mitigation measures (including fencing) along the rear boundary of the precinct in accordance with Ports Cairns Port Maritime Security Plan and the Maritime Transport and Offshore facilities Security Act (MTOFSA) and Regulations.

Refer to section 4.3.3 of the Maritime Report prepared by Cardno attached as Appendix K.

Objective 6 – The project design must ensure appropriate integration Design of the CEP has been with strong pedestrian links to all Cityport Precinct as identified in the undertaken with a broader context in Cityport Local Area Plan (being part of the Land Use Plan). mind, including the access to and flow through the site of pedestrian traffic. Early conceptual design considerations recognised significant external linkages to and around the site (refer Appendix C Architectural Plans), and the importance of embracing the ongoing operation of the cruise ship terminalas part of a broader tourism hub. The design therefore will incorporate a pedestrian plaza through the core of the site which will provide direct physical connections to the Wharf Street pedestrian network and adjoining Cityport land to the north.

Refer to section the Pedestrian Movement Plan included within the Architectural package prepared by CA Cox attached as Appendix C and the Landscape plans prepared by Tract attached as Appendix D.

Objective 7 – The cultural precinct and its development is operated and The proposed development meets constructed in an efficient and effective manner and in accordance with the overall intent of the Cityport and the intention of the land use plan and Cityport/Seaport strategic plans Seaport Strategic Plans (please refer adopted by Ports North from time to time. to section 8 of this report for a detailed assessment of the proposal against the merits of the Cityport and Seaport Local Plans).

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OBJECTIVES RESPONSE

The proposal will re-invigorate and enliven the site. The proposal represents an efficient and effective use of the land. The construction of the development will be carried out in an efficient manner, in accordance with the Construction Management Plan.

Refer to the Construction and Risk Management Plan prepared by Savills attached as Appendix L.

Objective 8 - The cultural precinct and its construction meets the highest The design and construction of the possible standards of design and construction, and such design accords CEP will be of the highest standard with Ports North from time to time. possible. The design team has been selected through a rigorous process and presents leading professionals in all aspects of the project.

The emerging design of the site has been undertaken through a significant process of community and stakeholder engagement, and has been responsive to fundamental considerations f environmentally sustainable design to ensure that all aspects of the development meet the high expectations of the Cairns community.

Materials and finishes will be confirmed in the detailed design stage of the project.

Refer to the architectural plans prepared by CA Cox Rayner attached as Appendix C and the Construction and Risk Management Plan prepared by Savills attached as Appendix L for further details.

Objective 9 – The cultural Precinct is constructed as soon as A Construction Management Plan practicably possible with minimum, disruption to other activities of the has been prepared to guide ongoing Seaport and Port precinct. construction in an efficient manner, and without significant adverse effects on ongoing Ports operations. Where aspects of development have the potential to cause any temporary disruptions, appropriate management

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OBJECTIVES RESPONSE

mechanisms have been identified and will be implemented in an ongoing fashion.

It is noted that while the Construction and Risk Management Plan has been submitted as Appendix L to this application, the document is envisaged as a ‘living’ tool and will be constantly reviewed and updated through the construction of the project..

Refer to the Construction and Risk Management Plan prepared by Savills attached as Appendix L for further details.

Objective 10 – The Cultural precinct, its design and construction meets The proposal incorporates safety all of Ports North’s requirements relating to the safeguarding and measures and hazard mitigation protecting of future port and industrial activities within Seaport measures that satisfy the relevant requirements of the Buffer Area Issues Report, Ports Cairns Port Maritime Security Plan and the Maritime Transport and Offshore facilities Security Act (MTOFSA) and Regulations.

Refer to section 4.3.3 of the Maritime Report prepared by Cardno attached as Appendix K and the Construction and Risk Management Report prepared by Savills attached as Appendix L for further details.

Objective 11 – The Precinct complements existing development and The proposal represents a high uses within the Cityport Precinct and does not adversely impact upon quality entertainment facility that will the Seaport Precinct or the operation of the Seaport complement and integrate with the existing commercial, retail, recreational and residential (hotel), land uses currently existent within the Cityport Local Plan area. The proposal will physically integrate with the Cityport land uses to the north of the site through the provision of a pedestrian plaza which will provide opportunity for physical connection/linkage.

The development will incorporate

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OBJECTIVES RESPONSE

buffering mechanisms to the east and south of the site (including physical buffering, safety measures and hazard mitigation) which will ensure the development will not adversely impact upon the Seaport Precinct or the operation of the Seaport. The measures proposed are in accordance with the RPS Buffer Areas report and the Ports Cairns Port Maritime Security Plan and the Maritime Transport and Offshore facilities Security Act (MTOFSA) and Regulations.

Refer to section 3.2.11 and 4.3.3 of the Maritime report prepared by Cardno attached as Appendix K for further details.

Objective 12 – The compliance with the QLD Heritage Act 1992 with The heritage listed White’s Shed will regard to heritage listed items within the site be conserved (as part of Stage 1) and adapted (as part of Stage 2) in accordance with the QLD Heritage Act 1992.

Refer to section 8.2.3 of the Heritage Report prepared by Converge attached as Appendix H.

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8 Compliance with Ports Land Use Plan

8.1 INTRODUCTION The Ports Land Use Plan is the primary statutory planning instrument relevant to development on site. The Ports Land Use Plan was established in accordance with the Transport Infrastructure Act 1994 and aligns with the provisions of the Sustainable Planning Act 2009. The Land Use Plan seeks to ensure the appropriate development of Ports land into the future.

The following sections of this report provide an assessment of the proposed development against the relevant provisions of the Ports Land Use Plan.

8.2 DEFINED LAND USES The proposed Cairns Entertainment Precinct will include uses such as performing arts centre, museum and ancillary shops, restaurants, cafes, function rooms. These land uses fall within the following definitions of the Land Use Plan:

Indoor Sport & Entertainment - The use of premises for sport, physical exercise, recreation or public entertainment predominantly within a building. The use includes facilities commonly described as sports centre, gymnasium, amusement and leisure centre, cinema, reception room or theatre.

Tourist Attraction - The use of premises for an activity or range of activities designed and operated primarily to attract tourists, the use may include interpretative facilities, retail outlets for the sale of souvenirs and similar items, kiosk, restaurant, administrative office and managers residence. The use includes facilities commonly described as pioneer village, sanctuary and animal park, theme park, waterslide or zoo.

Development proposed within all stages of the development fall within both or one of these definitions. For the sake of completeness and to allow some flexibility in land use over time, both definitions have been applied for in the Preliminary Approval and Stage 1.

8.2.1 CITYPORT LEVEL OF ASSESSMENT Under the City Port Local Plan, ‘Indoor Sport and Entertainment’ is considered an intended land use and ‘Tourist Attraction’ is not listed as an intended land use.

Please refer to Section 9 of this report for justification of including Tourist Attraction Uses within the Cityport Local Plan area.

8.2.2 SEAPORT LEVEL OF ASSESSMENT Under the Seaport Local Plan, ‘Indoor Sport and Entertainment’ and ‘Tourist Attraction’ are not listed as an intended land uses.

Please refer to Section 9 of this report for justification of including Indoor Sport and Entertainment and Tourist Attraction Uses within the Seaport Local Plan area.

8.3 LOCAL PLANS Ports Land Use Plan mapping indicates that the site is contained within the Cityport Local Plan area and the Seaport Local Plan area (refer Figure 20).

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FIGURE 20 – MERGED LOCAL PLAN MAP

Although not clear in Figure 20 (given the differences in scale between the two maps), the majority of the PAC is split equally between the Cityport and Seaport Local Plan areas as show by the above figure.

8.3.1 CITYPORT LOCAL PLAN ASSESSMENT

STRATEGIC VISION The Cityport Local Plan contains a strategic vision which guides future development within the LAP area. The Cityport strategic vision is outlined as follows:

“Cityport will be a functional, dynamic and cohesive urban waterfront precinct that is distinctive to Cairns. It will incorporate a diverse range of uses and activities which complement the City Centre while also creating a vibrant urban area adjoining the Inlet.

Views to and from the waterways and pedestrian routes will maximise public amenity in the area. The landscape and built form of Cityport will be distinctively reflective of Cairns and Tropical North Queensland”.

The proposed Cairns Entertainment Master Plan seeks to harness the strategic vision of the Cityport LAP by celebrating the site’s location adjacent the Trinity Inlet in the heart of the Cairns CBD as an active entertainment node that offers vibrant entertainment, recreation and educational facilities for the local and tourist communities. The Precinct will be functional, dynamic and cohesive and will directly meet the needs of the current and future resident and tourist communities.

The uses proposed will integrate with the surrounding land uses including the Convention Centre and commercial/retail development to the east; Marina facilities to the north; and the commercial and retail facilities within the adjacent CBD; to offer a connected and accessible cultural node that is not yet experienced in the heart of Cairns. The inclusion of pedestrian pathways throughout the site will further link the facilities with the waterfront to the west, the Convention Centre and surrounding CBD, and the hotel and recreation facilities to the north.

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PRECINCTS The site is contained partly within Precinct 3 of the Cityport LAP, with a small portion of the site also located within Precinct 4. The intent and planning requirements for Precincts 3 and 4 are discussed as follows.

Precinct 3

The Cityport Local Plan outlines an intent for Precinct 3 to function primarily as a mixed-use residential, tourism and commercial precinct. The Cityport Local Plan intent for Precinct 3 is summarised in Table 5 below, with a corresponding response provided.

TABLE 6 – PRECINCT 3 INTENT

PRECINCT 3 INTENT CEP RESPONSE

Development is to consider the heritage areas within the Complies Precinct and adhere to the principles of the Cairns Cityport Wharf Area Conservation and Management Plan. The proposed development protects the heritage values contained within the site. White’s Shed White’s Shed is considered the major historic and cultural (redevelopment planned as part of Stage 2) will significant structure in the precinct. There is a potential to continue to feature as the major historic and integrate White’s Shed into future development. culturally significant building within the precinct. Development is to include the adaptive re-use of White’s The structural integrity of White’s Shed will be Shed. Through an appropriate re-design and re-use this retained and the internal arrangement of the building represents an excellent opportunity to create a building will be sensitively adapted to allow significant public attraction. Adaptive uses considered functional, useable spaces to be established. The appropriate include regional uses (e.g. museum, public building’s internal function will complement the gallery, performance venue or conference facility other uses proposed within the CEP. associated with Cairns Convention Centre) or commercial or tourist activities. Converge heritage specialists have been involved in the assessment of the proposal throughout the Non-historic addition to White’s Shed can be removed and entirety of the project. Converge’s assessment replaced with a more sympathetic structure which would has included an analysis of the proposal against allow development between the Shed and Wharf Street. the Cairns Cityport Wharf Area Conservation and Management Plan.

Details regarding design and future use will be submitted as part of a future development application for Stage 2.

The balance of Precinct 3 is to function primarily as a Complies mixed-use residential, tourism and commercial precinct. The proposed development incorporates tourist uses and has been designed not to compromise the potential for adjoining land to be developed for residential purposes by Ports North.

Large outdoor spaces are envisaged to act as meeting Complies places and recreation areas. The proposal offers considerable outdoor space for the purposes of meeting and interaction. The outdoor spaces are shaded by a roof canopy which resembles the Far North Queensland rainforest, providing shade and weather protection for patrons and reflecting the natural

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PRECINCT 3 INTENT CEP RESPONSE

features of the region. The large outdoor spaces are intended to develop as key features of the Precinct.

Commercial uses, at either podium level or as a Complies commercial tower are encouraged in Sub-Precinct A where not adversely impacting on heritage values. This area is The proposal seeks to incorporate a Museum and also suited to uses such as bars, restaurants and cafes public plaza within Sub-Precinct A. The museum and uses which complement the re-use of White’s Shed. will open out to the public plaza to provide an active community space. The public plaza space will have the capacity to incorporate stand-alone café, bar or restaurant uses.

The area between White’s Shed and Wharf Street provides Complies a visual and pedestrian link to adjoining precincts. Pedestrian plaza should be created to enhance the The public plaza provides a physical and visual appearance and useability of this area. link between White’s Shed and Wharf Street. The plaza links with surrounding pedestrian networks including the pedestrian paths to the northern Cityport land and the pedestrian paths along Wharf Street. The pedestrian plaza space will be shaded, landscaped and include street furniture to encourage community interaction and engagement.

Pedestrian boulevard is to link the precinct with the water Complies and the City. Boulevard to include artwork and street furniture. Proposed pedestrian pathways connect the site with the water and link with surrounding pedestrian network to provide a connection to the CBD. Pedestrian pathways on the site are landscaped and shaded where possible.

Outdoor dining and entertainment is encouraged. Complies

The public plaza space in Stage 1 will provide for uses to take place on the site including outdoor dining or entertainment activities. Further stages of development will seek to add to the creation of this active atmosphere.

Land between White’s Shed and the wharf will remain Complies utilised for seaport operations and future design will need to consider this shared usage. The land between White’s Shed and the wharf will remain operational for Seaport activities.

The Precinct 3 Code is addressed in Appendix B of this report. Note these code responses focus on outcomes for Stage 1 given a development permit is being made for this stage. Comments where relevant are also made for the Master Plan.

Precinct 4

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The Cityport Local Plan outlines an intent for Precinct 4 to function as the gateway into Cityport. The Precinct is seen as having the ability to be substantially redeveloped and act as a key area linking Cityport with the City.

The Cityport Local Plan for Precinct 4 intent is summarised in Table 6 below, with a corresponding response provided.

TABLE 7 – PRECINCT 4 INTENT

PRECINCT 4 INTENT CEP RESPONSE

This precinct has the potential to be substantially Complies redeveloped and is therefore a key area in linking Cityport with the City. The Cairns Entertainment Precinct will enliven the currently vacant site and will re-connect the site with the City centre by integrating with surrounding land uses including the Cairns Convention Centre to the east, and the Cruise Terminal and Esplanade activities to the north.

Development in this precinct is to be developed to the Complies highest design standards and should focus on tourist activities and accommodation. The proposed CEP has been designed to the highest standard, aiming to achieve a 5 Star Green Star outcome, preserving the heritage values of the site and responding to the tropical climate. The development maintains a focus on tourist activities. The Performance Centre and the Museum are intended to develop as leading FNQ tourist attractions and will provide the required infrastructure to showcase the rich cultural diversity and heritage values of the Far North Queensland region.

Key views to the waterfront and Trinity Inlet are to be Complies established through the siting and design of future buildings. Pedestrian plazas and open space areas are to The proposed site design ensures key views are link this precinct with the adjoining precincts and the established to the waterfront. The public plaza waterfront. Attractive and useable outdoor areas will be opens out towards the Trinity Inlet, allowing key provided to all frontages of the precinct. views to be achieved. The eastern facades of the performing arts centre and White’s Shed will also capture views to the waterfront. The public plaza space links the site with the adjoining Cityport land to the north and the pedestrian networks along Wharf Street.

Design of buildings will reinforce the ‘people’ focus of the Complies area. Ground floor uses that encourage activity such as shops, restaurants, bars and outdoor dining areas will also The proposed CEP incorporates active ground ‘spill over’ into the outdoor plaza and create an ‘active’ floor uses that maintain a ‘people’ focus atmosphere. throughout its various Stages. Buildings will have the capacity to open out to the public plaza, reinforcing the pedestrianized nature of the site and encouraging community interaction.

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PRECINCT 4 INTENT CEP RESPONSE

Development is to complement the heritage ‘feel’ of the Complies Cityport LAP while also allowing for public interaction and interpretation. As part of the Master Plan, White’s Shed will be retained as a prominent heritage structure in the centre of the CEP site. The building will be restored, and adaptively re-used for a functional purpose, complementary to the CEP uses. The adaptive re-use of the building will allow site patrons to interact with the heritage aspects of the site. This aspect will be delivered by Stage 2. Stage 1 has however been designed to be respectful to the existing heritage building.

The open space area between any proposed building and Complies the Wharf Shed is to be developed as a promenade/boardwalk which provides pedestrian access Appropriate access will be provided. along the waterfront to Cityport and connects this precinct to adjoining areas, including Precinct 3 to the south.

The Precinct 4 Code has been addressed in Appendix B of this report. Note these code responses focus on outcomes for Stage 1 given a development permit is being made for this stage. Comments where relevant are also made for the Master Plan.

8.4 SEAPORT LOCAL PLAN ASSESSMENT Approximately one third of the site, at the southern end is contained within the Seaport Local Plan. The Seaport Local Plan, while recognising a degree of transition of land use in the vicinity of the CEP, importantly focuses on the protection and ongoing operation of crucial port activity into the future.

STRATEGIC VISION The Seaport Local Plan contains a strategic vision which guides future development within the Seaport LAP area. Key elements of the Seaport strategic vision are summarised as follows:

Enhance and maintain the operation and commercial viability of the port;

Maximise the availability of wharf space and support areas as well as the flexibility of their use;

Ensure the efficient utilisation of land to cater for the anticipated growth in Seaport customers;

Encourage the clustering of like and interrelated industries and support facilities from potentially incompatible land uses;

Incorporate landscaping and other treatments to enhance the amenity of the Port area;

Incorporate best-practice environmental management into all aspects of port planning, development and operations;

To ensure no adverse impact is placed on the seaport activities, the CEP has been designed so that all public spaces including the pedestrian plaza, pedestrian pathways and building entries are contained within the Cityport Local Plan area, away from Seaport activities. General public pedestrian access will not be encouraged via land in the Seaport LAP.

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DESIRED ENVIRONMENTAL OUCOMES The Seaport LAP outlines 7 Desired Environmental Outcomes (DEOs) for the Local Plan area. The DEO’s seek to protect the Seaport facilities and operations, whilst allowing flexibility for commercial development that is complementary to Port activities.

The proposal aligns with the DEOs outlined for the Seaport LAP. The ongoing iterations of the design process have resulted in the retention and facilitation of continued operation of the adjoining commercial operations. The design and site layout do not compromise the ongoing operation of the port in any way, and with the orientation of the PAC building sheltering public areas within the site, in an overall master plan design the site provides a highly effective transition of development from the tourist focussed activities in City Port through to the business and significant Port operations in Seaport.

PRECINCT Part of the development site is contained within the Commercial and Business precinct of the Seaport within the northern extremity of the Local Plan area.

The Commercial and Business precinct is intended as a ‘transitional zone’ under the Local Plan, encouraging a transition of land uses from the tourist and residential focused Cityport operations in the north to the Seaport operations in the south. The northern portion of the precinct, in which the site falls, is intended to focus on “commercial and business uses providing ‘buffer uses’” which is intended to separate the tourist and residential focused uses of the Cityport from the Seaport.

The proposed development is considered to directly respond to the intent of the Commercial and Business precinct offering (as described above) a ‘transitional use’, providing a buffer and allowing for a transitional flow of land uses from the tourist and residential focused land uses of Cityport and the more industrial focused operations of Seaport. The proposal represents a community focused facility that integrates tourist activities to the north with the functional port operations by:

Providing a theatre and museum facility that does not support residential accommodation eliminating any significant amenity concerns;

Focusing outdoor public spaces of the theatre facility towards the centre of the site away from the Seaport boundary;

Encouraging patrons to flow out of the buildings, onto the public realm in the centre of the site and travel north along the pedestrian pathway to access the tourist facilities to the north;

Providing a harder edge to the southern façade of the theatre to buffer from Seaport operations and prevent patrons from accessing the Seaport;

Incorporating directional pathways and landscaping to passively encourage patrons to remain along Wharf Street or to move north within Cityport; and

Providing visual instead of physical links to the Seaport from buildings and public spaces.

By incorporating these design elements and spatial arrangements within the development, the proposal meets the intent of the Seaport Local Plan by providing a ‘transitional’ use that perfectly stitches together the land uses of the Cityport and Seaport, provides a buffer between the residential and tourist focused activities of Cityport and the industrial operations of Seaport, and protects the operational values of the Seaport activities.

PRECINCT INTENT The Ports Land Use Plan outlines a defined intent for the Commercial and Business Planning Area within the Seaport LAP. This intent is summarised in Table 7 below.

TABLE 8 – COMMERCIAL & BUSINESS PLANNING AREA INTENT

COMMERCIAL & BUSINESS PLANNING AREA INTENT CEP RESPONSE

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COMMERCIAL & BUSINESS PLANNING AREA INTENT CEP RESPONSE

Intended as a ‘transitional zone’ between Cityport and Complies the port operations of the Seaport. The CEP provides a transition between the cruise Northern section will focus on commercial and business terminal activities in the northern portion of the uses providing ‘buffer uses’ which will separate the Cityport land, and the industrialised Seaport residential and tourist uses in Cityport from the Seaport activities to the south. This portion of the site will operations to the south not encourage pedestrian activity and will contain limited openings. Landscaping is also proposed along the southern boundary of the building to provide additional buffering to the seaport activities.

Low-key retail and services use may be appropriate Complies

Stage 1 is the primary aspect of development located in this precinct. As such the performing arts complex will be the main activity proposed, however it will be supported by ancillary and small scale retail uses such as cafes.

Issues relating to port operations will need to be carefully Complies considered in future development. Maritime consultants Cardno have been consulted throughout the development of the proposal to ensure port operations are adequately protected. Please refer to the Maritime Report attached as Appendix K and Section 8, 9 of this report.

The Commercial & Business Planning Area Code has been addressed in Appendix B of this report. Note these code responses focus on outcomes for Stage 1 given a development permit is being made for this stage. Comments where relevant are also made for the Master Plan.

8.5 GENERAL CODES The Ports Land Use Plan contains 12 General Codes which are relevant to the assessment of development proposals on Ports land. These Codes support the Cityport and Seaport Local Plan Codes by providing more detailed planning requirements relating to environmental, civil, traffic, and heritage matters.

The General Codes have been addressed in Appendix B of this report. General compliance is achieved with these codes as discussed further in Section 9 of this report.

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9 Specialist Advice

This development application is supported by an extensive suite of technical reports, focusing on key areas of development, and the ultimate construction and operation of buildings on site. Provided in this section is a brief summation of key issues pertinent to several of those technical reports, notably those reports and assessment processes which have required specific consideration of or alternative solutions to various codes and policy requirements.

9.1 LANDSCAPE DESIGN A Landscape Architectural package has been prepared by Tract and is attached to this report as Appendix D.

9.1.1 CEP MASTER PLAN Key intents of the precinct wide landscape approach are summarised as follows:

Appendix D identifies the landscape intent planned for the precinct with the greatest level of detail provided in relation to Stage 1, further detailed plans will be provided for each stage of development as it occurs. Temporary land scape solutions are proposed for areas to comprise futures stages 3 and 4.

Useable open space areas for pedestrian activity are located within the lower and upper plazas’. The open space between Whites’s shed and Wharf Street will enhance the existing open space adjacent to the site and provide visual and pedestrian connection to the existing Grafton Street open space.

Planting will be a mixture of juvenile and mature species which will complement the rainforest design by simulating forest stratification zones typically seen within a rainforest. Dense planting at each level will soften the appearance of the development (Refer Figure overleaf).

Landscaping and chosen plant species will reflect the environmental conditions present and also the proposed planting locations as indicated on the planting pallet (Appendix D). These vary between shade tolerant to wind hardy species depending on the intended planting location.

9.1.2 STAGE 1 – PAC Appendix C details the landscape finishes proposed for Stage 1. In finalising landscape planning during detailed design stages, local indigenous groups will also be engaged to inform planting choice and design. The figure overleaf provides an indication of the landscape design intent for the sites primary frontage, detailed plans for Stage 1 are provided in Appendix D.

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FIGURE 21 – LANDSCAPE INTENT – WHARF STREET CAR SET-DOWN AREA

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9.2 TRAFFIC AND PARKING A Traffic Impact and Parking Assessment Report has been prepared by Arup and is attached as Appendix E. As traffic and car parking matters have been addressed at a precinct wide level, the report simultaneously addresses the Preliminary Approval and the Stage 1 PAC. Please refer to Appendix E for the Traffic Report prepared by Arup.

The Executive Summary of the report is included below for ease of reference:

The Cairns Entertainment Precinct Traffic Impact and Parking Assessment addresses complex transport issues associated with a proposed development between Wharf Street and the Port Service Road near the Port of Cairns. The development is to include:

A first development stage including a theatre comprising approximately one thousand one hundred (1,100) seats, depending on the configuration of the orchestra pit; studio; rehearsal space; commercial kitchen; associated back of house; foyers; covered external public plaza; refurbishment of the heritage listed White's Shed and car parking; and

A future development stage including a museum and outdoor performance space with four hundred fifty (450) seats. The first stage is proposed to be operational by 2015. The assessment included herein therefore assesses a 10-year design horizon year of 2025 in accordance with standard practice. This assessment assumes that all stages of the development are complete by 2025.

Issues addressed include:

Identification of a typical busy day and the people and parking demands expected on such a day;

A determination of the required car parking spaces to be located on site and a rationale for utilisation of available off-site car parking spaces to accommodate the balance of site generated parking demand;

An assessment of the surrounding roadway network’s ability to accommodate the anticipated development traffic;

Recommended site access;

Recommended site features to accommodate anticipated activities such as:

 Passenger drop-offs;

 Bus set-downs;

 Pedestrian connectivity; and

 Bicycle parking and end of trip facilities

Sensitivity tests of two busy days, one of which coincides with another major event in the Cairns CBD; and

Potential impact on port activities.

The assessment concluded the following:

Site features include:

Four (4) loading bays located in two loading docks, one (1) dock with three (3) bays servicing the theatre and accessed from the Southern Port Access Road and one (1) dock with one (1) bay servicing the museum and accessed from Wharf Street;

Seventeen (17) passenger set-down spaces along Wharf Street;

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Five (5) taxi bays along the kerb-line of Wharf Street;

Three (3) bus bays adjacent to the museum;

Twenty (20) cycle parking spaces for Entertainment Precinct staff;

Seventy-five (75) cycle parking spaces for visitors;

Changing rooms, showers and lockers for cyclists;

One hundred five (105) basement car parking spaces on site;

Six (6) motorcycle spaces located in the basement; and

One hundred twelve (112) designated car parking spaces to be located in Cairns CBD.

Site access includes:

Minor alterations to the Southern Port Access Road, moving its intersection with the Port Service Road further south by approximately five (5) metres;

Construction of a left in, left out intersection on Wharf Street approximately eighty (80) metres north of the Southern Port Access Road;

A loading dock containing three (3) loading bays with access from the Southern Port Access Road. It is anticipated that there will be very limited use of the Port Service Road by Entertainment Precinct service vehicles;

A loading dock containing one (1) loading bay with access from Wharf Street; and

A raised pedestrian crossing on Wharf Street aligning with Grafton Street. Parking Issues:

Sufficient parking will be available through on-site and off-site provisions. One off-site option being considered is the future Grafton Street car park which, along with on-site provisions, could accommodate the parking demand associated with a typical busy day (determined to be midday on a weekday). The Grafton Street Post Office site is being demolished and the cleared site will be available for parking prior to redevelopment;

When the Grafton Street car park is redeveloped, one hundred twelve (112) car parking spaces could be designated for use by the Entertainment Precinct;

Surveys show there are approximately one thousand two hundred ninety (1,290) available car parking spaces on-street and within public car park facilities within a five (5) minute walking distance of the site capable of accommodating the overspill parking demand associated with sell out evening activities (excluding a concurrent Taipans basketball game at the Convention Centre); and

Surveys show approximately four hundred forty (440) available car parking spaces within a five (5) minute walking distance of the site to accommodate the overspill parking demand associated with sell out evening activities (including a concurrent Taipans basketball game at the Convention Centre). Based on field observations during a Taipans game, it is likely that the overspill would be primarily accommodated in the Hartley Street car park and the Lake Street car park.

Traffic Impact Issues: No adverse impact on port operations;

Extensions to right-turn pockets are required, but these are attributable to accommodating background traffic rather than being attributable to the Entertainment Precinct generated traffic; With the exception of the Kenny Street/Wharf Street intersection for Sensitivity Test 2, all intersections are anticipated to operate within capacity in 2025, with all elements of the Entertainment Precinct in place;

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During a peak event at the Entertainment Precinct coincident with a large event at the Convention Centre, the Kenny Street/Wharf Street intersection is anticipated to operate just at capacity. Queuing is expected to extend beyond available storage by up to seventy (70) metres for the northbound Kenny Street right-turn. However, considering that this represents an absolute worst case scenario in terms of traffic and that this is an intense period of traffic, this is considered to be acceptable for a period of intense peak activity (i.e. two major events in close proximity starting at the same time);

Modifications to the signal equipment and phasing are required at the Sheridan Street/Hartley Street intersection to allow the right turn from Sheridan Street East to Hartley Street North to run unopposed. This arrangement could be easily incorporated into the existing intersection arrangement; and

With the above modifications to the signal phasing, queuing would still extend beyond available storage for both the right turn from Sheridan Street East to Hartley Street north and the right turn from Sheridan Street West to Hartley Street south for Sensitivity Test 2. However, considering that this represents an absolute worst case scenario in terms of traffic, this is considered to be acceptable for a period of intense peak activity (i.e. two major events in close proximity starting at the same time).

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9.3 CIVIL ENGINEERING A Civil Engineering Report has been prepared by Cardno and is attached as Appendix F. The key outcomes of the Civil Report are identified as follows:

9.3.1 CEP MASTER PLAN AND STAGE 1 PAC The civil reports address the following civil engineering aspects of the proposed development:

Responses to Code Criteria relating to Civil Works

Flooding

Roadworks & Car Parking

Stormwater Drainage

Sewerage

Water Supply and Water Recycling

Gas

Construction Management of Civil Works

Bulk Earthworks

Ports Code Criteria are outlined in the Cairns Port Authority (CPA) Code. Various State Planning Policies are applicable to the Cairns Entertainment Precinct project and those relevant to Civil matters have been addressed.

The main intent of the Flood & Storm Surge report was to provide conclusions for flood advice and establish minimum floor levels and other operating levels for various aspects of the proposed works. The recommendations made and subsequently endorsed by Council were minimum floor levels as follows:

3.35m Australian Height Datum (AHD) for the Performing Arts building that requires an ARI 100 year immunity.

2.85m AHD for other commercial buildings or facilities including retail that requires an ARI 100 year immunity.

3.95m AHD for parts of the Museum building that stores collections or archives.

The predominant road works for the project are the realignment and alteration of the Port Road to accommodate the proposed building, the loading dock, relocated services along the eastern boundary of the CEP site and a queuing lane for wharf traffic, and the slight realignment of the Southern Access Road to accommodate the 450 seat performance space, primarily and to also accommodate the back of house vehicle turning movements.

The proposed works on Wharf Street consist of a pedestrian crossing across Wharf Street, a vehicle drop off and parking to the Performing Arts entrance area to the northern end of the site and realigned kerbing at the basement car park entrance and further to the Southern Access Road. Changes to the western side of Wharf Street are also proposed to accommodate separation for taxi zones from carparking together with associated kerbing changes.

The proposed key CEP Drainage Works are as follows:

Removing the 2x 900mm dia. pipes within the CEP site, but using the existing outlet for these pipes for internal drainage connection and discharge to Trinity Inlet.

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Construct 2x 1650mm dia. pipes through the CEP site to accommodate the CBD drainage upgrade works and replace the removal of the 2x 900mm dia. pipes through the site.

The existing overland flow path for larger flood events until the Q100 pumps are constructed is effectively along Wharf Street bordering the site. Note the overland flow will occur less frequently because the existing 2x900mm dia, outlet pipes are being replaced by 2x1650mm dia. outlet pipes.

Accommodate the overflow path and drainage outlets along Port Road at current levels and grades, however construct kerb & gutter with associated drainage pits along the common Port Road and CEP boundary.

Relocate drainage within the Southern Access Road to accommodate the proposed roadworks and a tidal gate on the existing outlet.

The proposed sewerage infrastructure for the development while accommodating the ultimate development, are as follows:

Relocate the existing sewer pipe currently aligned East West through the site within the proposed building envelope. Due to the proposed basement carpark and performing arts building, it is proposed to relocate the sewer pipe to the services corridor immediately south of White’s Shed between Port Road and Wharf Street, and on the southern side of the new Stormwater pipes located in the same services corridor.

A service will need to be provided across the stormwater pipes to the proposed Museum building.

Since the existing 150mm dia. sewer pipe along Grafton Street is located underneath the Convention Centre building ramp and therefore cannot be reconstructed to the required depth to service the realigned Port sewer, a new 150mm dia. sewer pipe along Grafton Street is proposed. The new 150mm dia. sewer pipe will accommodate the existing upstream developments on Port land and the proposed ultimate Entertainment Precinct. Determination of the existing upstream Port sewage loadings are outlined in the following subsection.

Extend and realign the existing 150mm dia sewer pipe running along the eastern side of Wharf Street. This sewer pipe is proposed to provide direct connection to the CEP Performing Arts building. The existing pipe is close (approximately 1.5m) to the CEP basement, therefore a written application to Council for “Building over or near a sewer” will be required during the design phase. Requirements of Council for building near an existing sewer will likely require this line to be upgraded to a SN8 pipe material.

Connect the existing sewer adjacent to the Convention Centre at manhole G8/3 to the new sewer at proposed manhole 4/1.

The existing sewerage pipe along the Port Road will be retained and utilised to service the existing Ports services points to the south east and south of the site. This pipe will be connected to the proposed relocated 150mm dia. pipe through the services corridor adjacent to Whites Shed. Refer Annexure C which shows the existing sewerage catchment boundaries.

An existing 225mm dia. water main runs along Wharf Street adjacent to the CEP site. It is proposed to connect into this system and provide a metering point within the boundary to the Performing Arts building, and a separate metering point to the Museum building.

A fire water booster assembly will likely be required to service the Precinct. A fire pump is unlikely to be required as the pressure on Wharf Street appears to be adequate, however Council will require confirmation of this once reviewing the water demand as estimated by the Hydraulics Consultant and updating Council’s water model of the CBD to confirm pressure and flow capacity requirements.

Council have requested that water recycling infrastructure be accommodated in the project with provision for future connection to external water recycling pipes yet to be constructed by Council.

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There is an existing gas pipeline adjacent to the CEP site along the western side of Wharf Street. Origin has confirmed that the option to use gas is viable. The location of the service connection point will be determined during the Detailed Design Phase.

Provision of the service to the site will require a road crossing from the existing main located on the western side of Wharf Street. Origin require confirmation of what appliances (e.g. cooking appliances at the commercial kitchen, hot water, etc...) will be used by the project to determine if they would cover the cost of the new service to the site boundary.

There are several important issues that will impact on the construction management of the civil works. These are outlined in the report and will require appropriate specification in the construction contract to ensure construction management achieves desirable outcomes during the construction phase.

There are several environmental and engineering issues which will constrain the bulk earthworks excavation. Salient among these issues are the following:

The essential requirement to impose minimal impact on the external waters in performing ground works.

Management of acid sulphate soils by Geotechnical Engineer.

Method of excavation below ground water level.

The need to dewater excavations which extend to below ground water level.

Control of quality of water discharged to the environment during bulk earthworks.

Minimisation of groundwater drawdown.

Crucially, the management and staged implementation of all required civil works and operations is enshrined in the Construction and Risk Management Plan (refer Appendix L) to ensure that works maintain continuous and uninterrupted functionality of all port operations.

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9.4 ACOUSTIC Detailed acoustic reports have been prepared by Acoustic Studio for the Master Plan and Stage 1 and are attached as Appendix G. Please refer to Appendix G for the Acoustic Reports prepared by Acoustic Studio.

Executive Summaries of the reports are included below for ease of reference:

9.4.1 CEP MASTER PLAN The proximity of the acoustically sensitive and critical spaces of the Cairns Entertainment Precinct to the high noise level generating activities of the Port, and the relationship of the site to aircraft movements associated with Cairns Airport has resulted in the need for a range of noise and vibration control measures to be included in the design in order to achieve the high acoustic standard required of the project.

The requirements nominated by Ports North as a minimum standard for external noise and vibration control are described in the following documents:

Cairns Port Authority General Code – Section 2.3 (Development in the Vicinity of the Airport Code)

RPS Buffer Area Issues Report – Section 1.4 (Noise & Vibration) and Table 1.

The acoustic assessment addresses and responds in detail to these requirements. In particular the assessment covers the following issues:

That the external noise attenuation and vibration control measures included in the design will ensure that the Cairns Entertainment Precinct is adequately insulated from the activities carried out by the Port.

That Objective 5 of the Overriding Objectives issued by Ports North is satisfied.

That the Maximum Internal Noise Levels outlined in Table 1 of the Buffer Area Issue Report will be achieved.

That the Noise and Vibration Practical Design Measures in Section 1.4 of the RPS Buffer Issues Report are addressed.

Aircraft Noise Assessment

The relevant instruments are SPP1/02 and the Cairns Port Authority General Code – Section 2.3 (Development in the Vicinity of the Airport Code). The site is located in an area with an ANEF less than 20, and is therefore consistent with SPP1/02. This is also the appropriate ANEF area as outlined on Airport LAP Plan 4: Cairns Port Authority 2005 ANEF Contours.

The development is not located on land affected by aircraft noise levels greater than 75 dB(A), assessed as the maximum sound pressure level, using the (S) time-weighting, equalled or exceeded for more than 5 minutes over a 24 hour period (TALA). The development is not located between the 70 dB(A) and 75 dB(A) TALA contour.

Noise and vibration control from Port operations

Noise surveys have been carried out onsite during a range of Port operations. Intermittent noise levels on site range between 80 to 85 dB(A), whilst average steady state noise levels range between 70 and 75 dB(A).

Vibration was not perceptible on the site at any time during the surveys, even with high vibration generating activities occurring on Wharf Decks 5/6 and 7/8 (unloading rock from a dump truck, forklift dropping pallet on the Wharf). Vibration from Seaport activities is not considered significant.

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Internal noise levels have been set for the internal spaces that are equal to or more stringent than those recommended in AS2107:2000. The building envelope has been designed to control internal noise levels to the limits set in AS2107:2000 or less.

External areas, including outdoor retail, dining, performance and/or gathering areas have been located on site such that they are acoustically shielded from the Seaport operations by the bulk of the main building housing Performance Space 1. The design and location of these outdoor areas and public performing spaces has been done in such a way as to minimise any potential conflict with noise from the Seaport operations (i.e. through the location of these spaces, level changes, the locations of walls, etc.), to the extent that any noise will be managed as far as is practicable. The practical design measures (for noise control) recommended in the Buffer Area Issues Report have been included in the design.

9.4.2 STAGE 1 – PAC In addition, a noise assessment has been carried out specifically for Stage 1 covering:

Noise resulting from demolition and construction operations.

Noise resulting from general operations of Stage 1 of the Entertainment Precinct.

A survey of existing noise levels has been carried out at key noise receiver locations around and adjacent to the Precinct. The data from these surveys has been used to establish noise criteria for each type of noise assessed in the report.

The proximity of the acoustically sensitive and critical spaces of the Cairns Entertainment Precinct to the high noise level generating activities of the Port, and the relationship of the site to aircraft movements associated with Cairns Airport has resulted in the need for a range of noise and vibration control measures to be included in the design in order to achieve the high acoustic standard required of the project.

The construction systems proposed for the building will ensure that the internal noise levels are achieved from:

Aircraft noise intrusion.

Intrusion of noise from the operation of the adjacent Ports.

Road noise intrusion.

Internal noise levels have been set for the internal spaces that are equal to or more stringent than those recommended in AS2107:2000. The building envelope has been designed to control internal noise levels to the limits set in AS2107:2000 or less. Noise levels from demolition and construction activities will be controlled to comply with the criteria.

Operational noise levels generated by the day-to-day activities and performances of the Precinct will be inaudible at the nearest residences and residential boundaries. No impact is anticipated. Noise from the mechanical services associated with the new building has been quantified and assessed against acceptability criteria derived from the EcoAccess Background Creep Guideline. The predicted noise levels from all plant and equipment associated with the building services comply with the criteria and no impact is anticipated. Notwithstanding this, all plant will include noise controls as required (to be determined during the design and documentation stages of the project). The types of noise controls that may be used are listed in this report.

Any increases in traffic flows on the surrounding residential streets are expected to be negligible when compared with the existing traffic volumes. Any increase in traffic noise is regarded as insignificant, and no impact is anticipated.

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9.5 HERITAGE A Heritage Report has been prepared by Converge and is attached to this report as Appendix H. The outcomes of the Heritage Report are identified as follows:

Part of the Project area lies within the Cairns Wharf Complex area, which is listed on the Queensland Heritage Register (QHR) (Place ID 601790). Cairns Wharf Complex and various features of that complex, particularly White‘s Shed and the railway tracks, will be directly impacted by the proposed development

Other historic features lie outside of the QHR area but are within the study area. These represent other port activities which have occurred in the area.

Appendix H concludes with a number of recommendations that have been formulated with due regard to previous studies, the current physical and significance assessment carried out for this report and the heritage. The recommendations are intended to guide the master planning and initial concept design phases and to assist in consultation with DERM.

In particular, the aesthetic quality of the wharf complex will be retained in all future development. The design, function, appearance and location of the wharves, wharf sheds and railway tracks evoke a particular aesthetic appreciation of a historic, functioning wharf facility. This appreciation is embodied in the intangible ambience the setting represents through the obvious patina of age and use and the functional simplicity of the structures (in particular the sheds). Distinctive lineal vistas along the wharves and the wharf sheds, the ruggedness of the corrugated iron, the use of massed timber internally, the large, wide cargo doors and surfeit of open space (for the storage of goods) is at once arresting and unique.

9.6 SUSTAINABILITY A Sustainability Statement has been prepared by Cundall and is attached to this report as Appendix I.

Key elements of the ESD aspects include:

Take a holistic, integrated approach to planning, design, costing, construction, maintenance and building management

Design the facility for maximum connectivity, future flexibility and adaptability

Develop building designs demonstrating best practice passive design measures to provide optimum comfort conditions with minimum energy input

Maximise comfort and integration between all aspects of the precinct. This will include options for mixed-mode ventilation for the foyer area and the heritage building White’s Shed

Energy efficient Heating, Ventilation and Air Conditioning (HVAC) systems

Energy efficient lighting including T5’s and LED lighting as appropriate

Connections to the local active transport corridors to encourage low-impact commuting

The use of environmentally-preferred materials in construction, including local sourcing wherever suitable

Remediation of the site and addition of native habitat

Minimise project construction / refurbishment waste to landfill, targeting 80% recycled or reused waste.

Minimise the water consumption in the operation of the building including rainwater capture and re- use on site

Ensure that every visitor to the CEP leaves with a greater understanding of sustainable initiatives and practices. The vision is to create a ‘sustainable movement’ that reaches beyond the physical

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boundaries of the CEP. Meter energy, water and waste to continually reduce resource consumption and track this against set consumption benchmarks for the facility

Designed to withstand extreme weather events

Designed for climate change adaption

9.7 GEOTECHNICAL A preliminary Geotechnical Report has been prepared by Golders and is attached as Appendix J. The outcomes of the Geotechnical Report are identified as follows:

Golders Associates carried out a geotechnical desktop study for CEP in June 2011. The purpose of the study is to provide preliminary level comments on geotechnical conditions and provide preliminary parameters to support design development. In this regard preliminary findings for basement construction, acid sulphate soils and recommendations on further details studies are made. Design development has been undertaken in accordance with these recommendations.

9.8 MARITIME A Maritime Report has been prepared by Cardno and is attached to this report as Appendix K. This report identifies and provides assessments of potential conflicts between the Cairns Entertainment Precinct and associated works and relevant maritime operations of Ports North at the Port of Cairns in the following areas:

pedestrian and cyclist safety;

traffic and roads;

Port security;

Port hazard,

noise, and

air quality.

The report describes the measures which are proposed to be included in the design and operation of the CEP to mitigate the identified potential conflicts. The report also identifies measures required to be implemented by Ports North to mitigate the identified potential conflicts.

This report addresses both current (2012) and projected future maritime operations of the Port of Cairns and its users. It addresses projected developments of the Port which would be necessary in order to accommodate the projected future maritime operations. It includes consideration of home porting of cruise liners.

The report addresses those Overriding Objectives of Ports North which pertain to maritime operations and addresses the relevant requirements of the Buffer Area Issues Report. The assessments of the potential conflicts between the Cairns Entertainment Precinct and associated works and relevant maritime operations of Ports North at the Port of Cairns and the measures which are proposed to be included in the design and operation of the CEP to mitigate the perceived potential conflicts are summarised below. In the case of Port hazard due to handling of explosives through the Port the proposed mitigating measures include measures to be implemented by Ports North. This is for discussion prior to lodgement.

9.9 CONSTRUCTION AND RISK MANAGEMENT A Draft Construction Management Plan has been prepared by Savills and is attached to this report as Appendix L. The Draft Construction Management Plan (CMP) provides a practical guide for the management of the design, construction and maintenance of the Cairns Entertainment Precinct project. The management principles contained within the Draft CMP cover:

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Environmental Matters;

Visual Amenity;

Land and Water Impacts;

Noise Impacts;

Traffic Impacts;

Air Quality;

Waste Generation;

Hazardous Materials;

Cultural Heritage;

Health and Safety.

The ultimate intent of the Draft CMP is to ensure that appropriate actions are undertaken to mitigate the hazards, risks and environmental issues associated with the development of the CEP. It is intended that the Draft CMP will be refined throughout the course of the project through discussions with Cairns Regional Council, Ports North and key stakeholders to ensure the Management Plan continues to address and respond to key issues.

9.10 ELECTRICAL An Electrical Report has been prepared by Steensen Varming and is attached to this report as Appendix M.

This report has been prepared to highlight the stage 1 and master-planning principles associated specifically with the lighting, vertical transport and electrical building services systems to service the proposed Cairns Entertainment Precinct (CEP).

Building services generally relate to human physiological needs, special environmental condition requirements and building functionality issues.

The report provides this information for the following services:

Power supply, protection and distribution Communications systems including NBN

Lighting

Electronic security

Vertical transportation (lifts)

Control and monitoring systems will provide automatic control of systems as well as monitoring for energy analysis and the like.

The electrical services comprises of a new substation and new communications connections. Site diversions are necessary. Discussions are on with Ergon and Ports north regarding High Voltage and Substation arrangement. The electrical services also comprise of modern telecommunications and security systems which are also closely coordinated with the acoustic and performance theatre design requirements.

Lighting will support the architectural principles, relate to the openness and transparency of the building and reflect the geometry and core principles of the Architecture. Light is an integral element, tailored to

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suit the character of the building. Forming an integrated part of the building, light sources and lighting systems will be incorporated and concealed within the architecture.

Natural light will inform the interior lighting which allow connection to the outside and balance the surfaces’ brightness with the incoming daylight, mainly through uplighting and lighting of vertical surfaces.

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10 Performance Solutions

Ports North Land Use Plan is a performance based planning scheme. In this regard, development codes contain both Acceptable Solutions and Performance Criteria. Performance Criteria are considered to be overarching guidelines for development. The Acceptable Solutions are prescriptive measurable criteria for development and represent one way of achieving Performance Criteria. A development is deemed to comply with Performance Criteria if: the Acceptable Solution to the Performance Criterion are complied with; or

sufficient grounds are provided to demonstrate the criterion has been met in another way.

A comprehensive assessment of the proposed development against the Codes of the Land Use Plan is attached at Appendix B of this report. Key performance solutions are identified below with corresponding detailed justification:

10.1 CARPARKING A total of 217 car parking spaces are to be provided as part of the development. This requirement has been developed from first principles based on the number of people (staff and patrons) anticipated to be on site during a typical event. A sensitivity test was carried out to assess the additional parking demand associated with other events which indicated that an additional 169 car parking spaces may be needed. However, a survey carried out by Arup indicated that there is sufficient available car parking (both on- street and in public car parks) within a 5 minute walk of the Entertainment Precinct to accommodate the additional parking demand.

Of the 217 space provision, 105 spaces will be provided on site at basement level and 112 spaces will be provided off-site. The rationale for the provision of a significant portion of parking off site is twofold:

The structural and risk parameters associated with deep basement parking construction on site, and the lack of available space to provide at grade parking due to the need to ensure availability of the wider land area for ongoing port operations severely limits the ability for extensive on site parking; and

Recognising this aspect of development, the Infrastructure Agreement established between Cairns Regional Council and Ports North enshrines the ability for consideration of off-site parking.

This approach is taken for the CEP particularly due to the ‘key event ‘nature of parking demand. While demand is high at key times, for the majority of the time car parking will be well sevred by being distributed within the CBD to ensure a wider availability of parks through the CBD. Importantly, options for the off street parking such as Council’s Grafton Street site are within easy walking distance to the CEP. Options such as covered walkways will be explored to ensure pedestrian comfort at such time as a preferred parking site is determined.

All on-site parking spaces will be accessed via a new priority intersection off Wharf Street. This will accommodate movements with the exception of the right turn out of the basement car park. A total of four loading bays located in two separate docks will service the entire development. The main theatre loading dock will have 3 loading bays and be accessed off the Southern Ports Access Road. The second service area will be located adjacent to the museum and will be accessed directly off Wharf Street. A number of passenger and performer set down spaces are provided along Wharf Street and the Southern Port Access Road. A taxi rank and three bay bus set down is also provided.

The proposed development therefore seeks a performance solution for car parking, on grounds as described above. Several off site locations could be utilised to accommodate formal car parks, however the precise location to be used and formal commitment to such a matter will be the subject of negotiation between Ports North and Cairns Regional Council, given not only the Land Use Plan Code requirements, but also the financial commitment inherent in such a requirement.

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10.2 .SEAPORT PRECINCT INTERFACE The southern portion of the site falls within the bounds of the Seaport Local Area Plan. The Seaport Local Area Plan covers the southern reaches of port land, and maintains a focus to protect and enhance the industrial port activities that have traditionally occurred in this area. In this context, the Seaport LAP seeks to manage future development within the Seaport area to provide for continued port and harbour activities. The Seaport LAP seeks to ensure future development reinforces the vision and preferred character for the area, yet provides for expansion and development of the port so that it will develop as a “key port in the region”.

10.2.1 SEAPORT LAP – PRECINCT The site is included within the Commercial and Business Planning Area, which is an identified precinct within the Seaport LAP.

The intent of the Commercial and Business Planning Area is to develop as a ‘transitional zone’ between Cityport and the port operations in Seaport, the intent statement is included below.

The planning area is located towards the northern extremity of Seaport and adjoins Cityport to the north and the major-port related wharfage areas including the bulk container and storage areas and associated industries to the south.

This planning area is intended as a ‘transitional zone’ between Cityport and the port operations in Seaport. The northern section of this planning area will focuses on commercial and business uses providing ‘buffer uses’ which will separate the residential and tourist uses in Cityport from the Seaport operations to the south.

Low-key retail and service uses which cater for the needs of employees and users of Seaport may be appropriate. As such, issues relating to the port operations will need to be carefully considered in the future development of this area.

The southern section of the planning area may also incorporate the major port related wharfage areas including bulk container and storage areas and associated industries. The existing fuel wharves and fuel line to the adjoining fuel depots will be maintained in the short term.

The portion of the site that falls within the Seaport LAP is primarily the performing arts centre building, particularly the southern or rear aspect of the building.

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FIGURE 22 – SEAPORT PRECINCT RELATIONSHIP TO DEVELOPMENT CONCEPT

Although the proposed use is not envisaged by the current Seaport Local Plan, the proposal is considered to be consistent with the intent of the precinct given the following grounds:

The design rationale supporting the concept is focused on transitioning the design of the building from the bulky facades of the southern face of the building though to the public plaza interface with Cityport.

FIGURE 23 – INTERFACE WITH PORTS AND CAIRNS CBD

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The concept has been designed to use the bulk and mass of the performing arts centre to effectively screen port activities from the CEP precinct.

FIGURE 24 – BUFFERING TO PORTS NORTH

The concept land use is not a sensitive land use such as residential development and provides an ideal transitional use to buffer port activities from further residential development in Cityport.

In summary, CEP provides and appropriate and well design ‘transitional use’ in line with the expectations of the Seaport intent for this precinct.

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11 Conclusion

Urbis Pty Ltd has been commissioned to prepare this development application for the Cairns Entertainment Precinct.

The proposal has been assessed against, and is able to fulfil the requirements of the Ports North Land Use Plan and Overriding Objectives. In this regard it is noted that:

The proposal aides in the achievement of the intents for the planning areas of Cityport and Seaport;

The development does not compromise the intent and broad development principles and provisions contained within the Ports Land Use Plan;

The development meets the acceptable solutions or associated Performance Criteria of the relevant Codes;

The proposal satisfies Ports North Overriding Objectives; and

The development satisfies relevant State policies and codes.

The proposal represents sound planning, will not result in any potential adverse impacts on the amenity of the surrounding environment and is entirely appropriate within its locality.

On the basis of the assessment contained within this report, Ports North is requested to favourably consider the development proposal, subject to reasonable and relevant conditions.

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Appendix B Code Responses

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Ports Land Use Plan Code Responses

CITYPORT LAP PRECINCT 3 CODE

PERFORMANCE ACCEPTABLE SOLUTIONS CODE RESPONSE CRITERIA

Land Use

P1 Future development A1 Development within Precinct 3 should Complies with P1 will reinforce the include the following uses: historical nature of the Preliminary Approval & Stage 1 PAC Accommodation Units area, while also The proposed Performing Arts Centre (PAC) providing opportunities Commercial premises is defined as ‘Indoor Sport and Entertainment’ for public interaction (listed in A1) and ‘Tourist Attraction’ (not listed and entertainment, Education Establishment in A1). residential, tourism and Function Centre commercial uses. The tourist attraction component of the Holiday Apartments Performing Arts Centre is considered to be consistent with the intent of P1 as it: Indoor Sport and Entertainment - Reinforces the historic nature of the area Where not impacting on heritage by providing social infrastructure that significance: showcases and celebrates the history and culture of Far North Queensland;  Fast food store

 Nightclub - Is for entertainment purposes (The CEP is intended to be Cairn’s major  Restaurant entertainment facility);

- Will be a draw card for tourists;

- Provides opportunities for public interaction;

- Incorporates commercial facilities.

P2 Future development A2.1 All development is consistent with the Complies with A2.1 – A2.2 protects the heritage Heritage Conservation Code and the Preliminary Approval & Stage 1 PAC values of the area. Cairns Cityport Wharf Area Conservation Plan. The development is consistent with the outcomes of the Heritage Conservation Code A2.2 The necessary approvals are and Conservation Plan. obtained from the Queensland Heritage The required exemption certificate was Council for all development/work on a obtained from DERM in February 2012. Registered Place.

Built Form

P3 Development is of a A3.1 Development within this precinct has Complies with A3.1 bulk and scale that is a maximum (cumulative) gross floor area compatible with of 20,000m². Preliminary Approval & Stage 1 PAC

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PERFORMANCE ACCEPTABLE SOLUTIONS CODE RESPONSE CRITERIA surrounding buildings. A3.2

The cumulative GFA of the proposed Cairns Entertainment Precinct will not exceed A3.2 Above podium level, the site 20,000m². coverage is a maximum of 15%. Complies with A3.3 A3.3 Basement car parks are located below finished ground level and do not Preliminary Approval create an undesirable streetscape. Basement carparking is proposed only within the Stage 1 Performing Arts Centre (see below).

Stage 1 PAC

The Performing Arts Centre will include a basement carpark. The basement carpark will be located below the finished ground level of

the building. The basement car park will be accessible from the southern access road to the south of the site, will not be visible from the street and will have no adverse impact on the amenity of the streetscape.

Please refer to the architectural plans

attached as Appendix C.

Complies with A3.4 A3.4 Awnings are provided along the key Preliminary Approval frontages of the building. Detailed design treatments (such as awnings)

will be addressed in future Development Permit applications for each stage (see Stage 1 details below).

Stage 1 PAC

Awnings will be provided along the key frontages of the PAC, being the Wharf Street frontage and the internal plaza frontage.

Please refer to the architectural plans attached as Appendix C.

A3.5 The awnings to Wharf Street are of Complies with P3 similar design and height of those in Precincts 4 & 5. Preliminary Approval

Detailed design treatments (such as awnings) will be addressed in future Development

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Permit applications for each stage (see Stage 1 details below).

Stage 1 PAC

The proposed awning of the PAC, which is visible from Wharf Street, is a key component of the building’s overall design and maintains a unique style and composition. The awning signifies the organic form of the Far North Queensland rainforest. The awning will provide shade and weather protection along Wharf Street (refer architectural design statement in Appendix C)

Although the proposed PAC awning will be different in overall appearance, composition and scale to awnings on surrounding buildings, the awning will remain complementary to and compatible with these awnings.

Please refer to the architectural plans attached as Appendix C.

P4 Future development A4 No buildings or structures are located Complies with P4 reinforces the views to within the view corridors or open space Preliminary Approval & Stage 1 PAC the waterfront and the areas (excluding the existing White’s City (refer to Plan 3: Shed). View Corridors View Corridors) and Three of the view corridors on Plan 3 are creates useable open relevant to the site: space areas for pedestrian activity 1. View Corridor 1 - The view corridor (refer to Plan 4: Major intended to run along the western side of Open Space Areas and White’s Shed from Wharf Street to the Trinity Inlet is achieved by the proposal. Plan 6: Pedestrian Movement Networks). 2. View Corridor 2 - The view corridor intended to run through the core of the site from Grafton Street to the Trinity Inlet will also be achieved by the proposal.

3. View Corridor 3 - A portion of the PAC building will protrude into the view corridor identified for the southern portion of the site. The size and configuration of the site and the location of White’s Shed has meant the positioning of the theatre building over a portion of the view corridor is unavoidable however the design of the building creates at new architectural feature at the end of Grafton Street in its

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place.

Open Space Areas

The open space area identified on Plan 4 (adjacent White’s Shed) will be retained as open space.

Pedestrian Areas

Plan 6 is not included within the Cityport Local Plan. Plan 6 is currently not available for viewing by the public. Plan 6 has therefore not been addressed as part of this application.

Despite this, the proposal establishes a strong pedestrian network on the site by incorporating an open pedestrian plaza throughout the core of the precinct. The pedestrian plaza provides an opportunity for interaction/meeting and outdoor recreation. The plaza also provides a formal foreground to the buildings proposed for the site, unifying the site, and linking with the adjacent Wharf Street pedestrian network.

Please refer to the architectural plans attached as Appendix C.

P5 Future development A5 No acceptable solution provided. The Complies with P5 within this precinct is of applicant is to provide a solution which a scale and design that achieves the Performance Criteria. Preliminary Approval is consistent with the White’s Shed will be adapted as part of Stage existing White’s Shed. 2 of the Master Plan. White’s Shed will be preserved in its current state in Stage 1.

The development of Whites Shed as part of Stage 2 will ensure a further transition is achieved between the PAC and Whites Shed including ensuring that pedestrians can easily move between the two precincts.

Stage 1 PAC

The public plaza proposed to be developed as part of stage 1 will provide a gradual transition in height and scale between the PAC and White’s Shed. The plaza will essentially provide a buffer between the buildings and will step down from the PAC to White’s Shed (refer Architectural Plans attached as Appendix C). This will ensure White’s Shed is not overwhelmed by the PAC and is

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recognised as an important historic building.

Please refer to the architectural plans attached as Appendix C.

P6 Development in this A6 No acceptable solution provided. The Complies with P6 precinct does not applicant is to provide a solution which impact on the achieves the Performance Criteria. Preliminary Approval & Stage 1 PAC operation of the Please Refer to Section 9 of the Planning adjoining Seaport. Report. In summary, the proposed development has been designed so that conflicts between the proposal and the Seaport are minimised.

A Maritime report has been prepared by Cardno and identifies and responds to the potential conflicts between the proposed CEP and the adjoining Port facilities. The Maritime report addresses the merits of the RPS Buffer Area Report and Ports Overriding Objectives for the site. The Maritime Report covers the areas of:

- Pedestrian and cyclist safety

- Traffic and roads

- Port security

- Port hazard

- Noise

- Air quality

The Maritime report identifies that the proposed development meets the intent of the RPS Buffer Areas Report and adequately addresses Ports key overriding objectives. The Maritime report identifies that the proposal adequately overcomes potential conflicts by incorporating buffering techniques that protect the integrity and operations of both the Seaport and the proposed CEP.

Please refer to the Maritime Report prepared by Cardno attached as Appendix K.

Density

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P7 Development within A7 Development within the Cityport Local Not Applicable A7 Cityport is of a scale Plan area has a maximum residential and density which is density of 800 persons per hectare. The proposal is not for residential appropriate given the development and does not impact on the waterfront location. residential density of the Cityport Local Plan area.

P8 Suitable service A8.1 A coach set down and parking area Complies with P8 vehicle access, coach is provided between White’s Shed and parking and Trinity Inlet. Preliminary Approval & Stage 1 PAC manoeuvring areas are Loading docks will ultimately be provided at provided. A8.2 Service vehicle access is provided from the shared pedestrian way between two locations on the site: Precincts 3 & 4. 1. Primary loading dock (Part of Stage 1) – A8.3 The parking set down and Located at the rear of the Performing Arts manoeuvring areas are in accordance with Centre, accessible by the southern the Traffic and Access Planning Code. service access road. This loading area will service the Performing Arts Centre.

2. Secondary loading dock (Part of Stage 2) – Located adjacent the proposed Museum, accessible via Wharf Street. This loading dock is intended to service the Museum.

Bus set down areas are also proposed along Wharf Street, adjacent the future Stage 3 Museum site. The bus set down area will be signposted as a loading zone and will be indented to highlight its location. These areas will be compliant with Australian Standards.

Please refer to the traffic report prepared by Arup attached as Appendix E.

P9 Adequate on-site A9 On-site parking is provided in Complies with P9 parking is provided. accordance with the Parking Code. Preliminary Approval & Stage 1 PAC

Please refer to section 9 of this report for a detailed response.

Landscaping

P10 The ‘pedestrian’ A10 A pedestrian plaza is to be developed Complies with A10 plaza provides a visual between the building and Wharf Street and and pedestrian link to connects with the adjoining Precinct 4. Preliminary Approval & Stage 1 PAC the adjoining heritage Pedestrian linkages are also provided to A pedestrian plaza is proposed through the areas and the city. the pedestrian and open space areas in core of the site. The plaza will provide a link Precinct 2. between the PAC and the pedestrian network

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along Wharf Street (providing opportunities for future connection to Precinct 2). The plaza will also connect with adjoining Precinct 4.

The plaza will be broken into an upper plaza and lower plaza with the lower plaza being on a finished floor level providing access to Whites Shed.

Please refer to the architectural plans attached as Appendix C.

P11 Useable open A11.1 Open space areas as identified on Complies with A11.1 space areas for Plan 4: Major Open Space Areas are pedestrian activity are provided. Preliminary Approval & Stage 1 PAC provided (refer to Plans The relevant open space area shown on Plan 4: Major Open Space 4 is to be retained as open space. Areas and Plan 6).

Useable open space areas for pedestrian activity will also be located within the lower and upper plazas throughout the core of the site. The open space between White’s shed and Wharf Street (retained as open space as

part of Stage 1) will enhance the existing open space adjacent to the site and will provide visual and pedestrian connectivity between the site and the surrounding streetscape and open space network.

Please refer to the architectural plans A11.2 The detailed design of the attached as Appendix C. ‘pedestrian’ plaza is in accordance with the Landscape Design Code. Complies with A11.2

Preliminary Approval & Stage 1 PAC

The detailed design phase of the project will address the development principles and provisions identified in the Landscape Design code.

P12 Artworks and A12 Artworks and other features are Complies with A12 other similar features provided in the pedestrian areas adjoining reflect the heritage feel the Wharf Shed. Preliminary Approval & Stage 1 PAC of the precinct. Art works and features will be incorporated during the detailed design phases of the project.

Development Principles – Applicable to Sub-Precinct A only

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Land Use

P1 Future development A1 Townhouses or terrace housing at Not Applicable A1 will reinforce the ground (or podium) level are located historical nature of the adjoining the view corridors and pedestrian The proposal is not for townhouses or terrace area, while also areas. housing. providing opportunities for public interaction and entertainment, residential, tourism and commercial uses.

P2 Building bulk is A2.2 Building height is a maximum of 10 Complies with A2.2 greatest at the ground storeys. level with podium Preliminary Approval & Stage 1 PAC levels graduating to Note: this maximum height includes the The proposed development does not exceed less bulky towers. podium level. 10 storeys in height.

Complies with A2.2 A2.2 Podium level is a maximum of three (3) storeys. Preliminary Approval & Stage 1 PAC

Proposed podium treatments do not exceed 3 storeys in height.

P3 Buildings are A3.1 At podium level, buildings are Complies with A3.1 designed to provide setback a minimum of — Preliminary Approval & Stage 1 PAC. pedestrian spaces and to retain and enhance 10m from the boundary between Precinct The building is setback in excess of 19 metres views to Trinity Inlet. 3 and Seaport; and from the eastern property boundary.

19m from the eastern property boundary The PAC straddles Precinct 3 and Seaport. to provide for the pedestrian promenade. Setbacks between these precincts is therefore not applicable.

A3.2 Above podium level, setbacks are in Complies with A3.2 accordance with Figure 2. Setbacks are in accordance with Figure 2, with the exception of the setback between Precinct 3 and Seaport which is not applicable (as outlined in response to A3.1 above).

Development Principles – Applicable to Sub-Precinct B only

Land Use

P1 Future development A1 Commercial, tourism and regional uses Complies with A1 will reinforce the are encouraged where associated with the historical nature of the adaptive reuse of White’s Shed. Preliminary Approval area, while also White’s Shed is included within the

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PERFORMANCE ACCEPTABLE SOLUTIONS CODE RESPONSE CRITERIA providing opportunities Preliminary Approval component of this for public interaction application only. The detailed redevelopment and entertainment, of White’s Shed will be addressed in a future residential, tourism and Development Permit application. The commercial uses. proposed Master Plan allows White’s Shed to be developed for commercial, tourism and/or regional uses while ensuring surrounding development remains sensitive to its heritage values.

Stage 1 PAC

White’s Shed is not included within Stage 1.

Built Form

P2 Development is of a A2 Development is contained wholly within Complies with A2 bulk and scale that is the existing White’s Shed footprint. compatible with Preliminary Approval surrounding buildings. The adaptation of White’s Shed will be carried out within the building’s existing footprint. These works will be carried out in Stage 2.

Stage 1 PAC

White’s Shed is not included within Stage 1.

P3 Building bulk is A3.1 Building height must not exceed the Complies with P3 greatest at the ground height of the existing White’ Shed. level with podium Preliminary Approval levels graduating to Detailed design treatments will be addressed less bulky towers. in future Development Permit applications for each stage (see Stage 1 below).

Stage 1 PAC

The bulk of the PAC building will be at its greatest within the building’s lower levels. Although the building will not incorporate any

tower elements, the building bulk will comparatively reduce within the upper levels of the building. The interface with Whites Shed has been planned to ensure appropriate design – by having no extensive built form on

this face with the exception of a canopy roof.

Please refer to the architectural plans attached as Appendix C.

A3.2 Awnings are provided along each

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frontage of the building. Complies with A3.2

Preliminary Approval

Detailed design treatments will be addressed in future Development Permit applications for each stage (see Stage 1 below). A new awning to White’s Shed will be provided as part of Stage 2.

Stage 1 PAC

Awnings are provided along the primary frontage of the building as well as along the key pedestrian paths through the centre of the site.

Please refer to the architectural plans attached as Appendix C.

Development Principles – Applicable to Sub-Precinct C only

Land Use

P1 Future development A1.1 Cafes, restaurants, outdoor dining Can Comply with P1 will reinforce the and other similar uses are appropriate historical nature of the adjoining the pedestrian ‘plaza’ area or Preliminary Approval area, while also pedestrian boardwalk where they are The detailed design outcomes for Whites providing opportunities associated with the principal use. Shed will be considered as part of the for public interaction A1.2 Where cafes, restaurants, outdoor development application for Stage 2. Likely and entertainment, dinning and other uses are proposed along uses of this space include community spaces residential, tourism and the Trinity Inlet frontage of White’s Shed – and there may be supporting cafes provided commercial uses. as part of this redevelopment. This matter will all development is of a sympathetic scale be discussed in further detail when Stage 2 is and nature and complements the cultural lodged with Ports North. values of the shed; Stage 1 PAC uses are located under an awning only; Refer to Figure 2. White’s Shed is not included within Stage 1.

P2 Development is of a A2.1 No enclosed structures are located Complies with A2.1 bulk and scale that is along the Trinity Inlet frontage of White’s compatible with Shed. Preliminary Approval surrounding buildings. No enclosed structures are proposed along the Trinity Inlet frontage of White’s Shed.

Stage 1 PAC

This area is outside the Stage 1 boundary A2.2 The awning structure provided is to a

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maximum depth of 5 metres. Not Applicable A2.2

Preliminary Approval

Details of the adaptation of White’s Shed will be addressed in Stage 2.

Stage 1 PAC

White’s Shed is not included within Stage 1.

P3 Building bulk is A3.1 Building height is a maximum of 1 Not Applicable A3.1 – A3.2 greatest at the ground storey. level with podium Preliminary Approval levels graduating to A3.2 Awnings are provided along each Details of the adaptation of White’s Shed will less bulky towers. frontage of the building. be addressed in Stage 2.

Stage 1 PAC

White’s Shed is not included within Stage 1

P4 Buildings are A4 Buildings are setback a minimum of — Complies with A4 designed to provide pedestrian spaces and 10m from the boundary between Precinct Preliminary Approval & Stage 1 PAC to retain and enhance 3 and Seaport; and The proposed built form is setback in excess views to Trinity Inlet. 20m from the precinct boundary between of 20m from the precinct boundary between Precincts 3 & 4. Precincts 3 & 4.

Refer to Figure 2. The PAC straddles Precinct 3 and Seaport. Setbacks between these precincts is therefore not applicable.

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CITYPORT LAP PRECINCT 4 CODES We note there is a discrepancy between the precinct boundaries shown on the overall Cityport Plan 1 and the more detailed Cityport Precinct 3 and Precinct 4 Maps.

According to Plan 1, the CEP site is located within Precinct 3 & 4. However according to the detailed precinct maps, the CEP site is located only within Precinct 3.

To ensure all relevant codes are considered by this application, the Cityport Precinct 4 Code has been addressed below. Notably, no development is proposed within the Precinct 4 area shown on Plan 1. This space is proposed to be retained as open space initially, with the potential for a Museum (as part of Stage 3) to be developed in the future.

PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE P1 This precinct is the ‘gateway’ A1.1 Development within Complies with P1 to Cityport and development Precinct 4 should include the should define the entry to Cityport following uses – Preliminary Approval & Stage 1 PAC which a focus on tourism and The proposed Performing Arts Centre is accommodation uses, Holiday Apartments defined as ‘Indoor Sport and Entertainment’ development should be Hotel (listed in A1.1) and ‘Tourist Attraction’ (not sympathetic to the heritage listed in A1.1). values of the adjacent White’s Park Shed. The inclusion of Tourist Attraction uses on the Public Purpose site aligns with P1 as the proposed PAC will:

Public Utility - Define the entry to Cityport by incorporating a unique built form that is Passenger Terminal, including striking, individual and distinctly ‘Cairns’;  Function centre - Maintain a key focus on tourism  Indoor sport and (developing as a tourism hub and draw entertainment card for the region);  Nightclub - Protect the heritage values of White’s  Passenger terminal Shed, by retaining it in its existing state facilities as part of Stage 1 and sensitively adapting it as part of Stage 2.  Restaurant

Where located on ground or podium level –

 Child care centre  Commercial premises

 Fast food outlet

 Indoor sport and entertainment

 Nightclub

 Restaurant

 Shop

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE A1.2 Cafes, restaurants, bars Complies with A1.2 and cultural uses are located at ground (or podium) level and Preliminary Approval are designed to encourage Detailed design matters will be addressed in pedestrian movement and future Development Permit applications for interaction. each stage (see Stage 1 below). Cafes, restaurants, bars and cultural uses can be considered in the future.

Stage 1 PAC

The proposed PAC accommodates a café/restaurant/bar tenancy at ground level.

Please refer to the architectural plans attached as Appendix C.

P2 Wharf Shed No. 3 (currently A2.1 An international cruise Not Applicable A2.1 excluded from Precinct 4), is liner terminal is established in developed as an international Wharf Shed No. 3. Retail and The proposal does not incorporate Wharf cruise liner terminal. commercial uses, which support Shed No.3. the terminal, will also be

developed. Not applicable A2.2 A2.2 The cruise liner terminal will be developed to the The proposal does not incorporate the cruise requirements of Cairns Port liner terminal. Authority.

Built Form

P3 Building design reinforces the A3.1 Development is in Not Applicable A3.1 – A3.2 role of the precinct while also accordance with the control linking the precinct with the whole guidelines shown in Figure 3 As outlined at the beginning of this code, there Cityport area. below. Setbacks and building is a discrepancy between Cityport Plan 1 and envelopes are specified in this the detailed Precinct 3 and 4 plans. figure. As the site is not located within the Precinct 4 A3.2 Given the high visual boundary shown on Figure 3, A3.1 is not exposure of this area, all applicable. building facades will be treated

as ‘front’ elevations and are of the highest design standard.

P4 Development is of a bulk and A4.1 Above podium level, site Not Applicable A4.1 – A4.2 scale that is compatible with coverage within this precinct is surrounding buildings. a maximum of 60%. As outlined at the beginning of this code, there is a discrepancy between Cityport Plan 1 and A4.2 Development within this the detailed Precinct 3 and 4 plans. precinct has a maximum plot ratio of 3.0:1. As the site is not located within the Precinct 4 boundary shown on Figure 3, no built form is

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE proposed within this precinct, and as such the site cover and plot ratio requirements of A4.1 – A4.2 are not applicable.

A4.3 The podium level of the Complies with A4.3 building/s is on a similar alignment to adjoining Preliminary Approval developments (refer to Figure 3 above in P1 – A1.1). Detailed design matters will be addressed in future Development Permit applications for each stage (see Stage 1 below).

Stage 1 PAC

The podium proposed maintains an alignment and scale that is compatible with adjoining developments.

Please refer to the architectural plans attached as Appendix C.

Complies with A4.4 A4.4 Basement car parks are located below finished ground Preliminary Approval level and do not create an undesirable streetscape. Basement carparking is proposed only within the Stage 1 Performing Arts Centre (see below).

Stage 1 PAC

Basement carparking is located below the finished ground level and will not be visually obtrusive from the street. The basement carparking will not create an undesirable streetscape.

Please refer to the architectural plans attached as Appendix C.

P5 Building bulk is greatest at the A5.1 Building height is a Complies with A5.1 ground level with podium levels maximum of 10 storeys. graduating to less bulky towers. Preliminary Approval

Detailed design matters will be addressed in future Development Permit applications for each stage (see Stage 1 below).

Stage 1 PAC

The proposed PAC does not exceed 10 storeys in height.

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE A5.2 Podium level is a Complies with A5.2 maximum of three (3) storeys. Preliminary Approval

Detailed design matters will be addressed in future Development Permit applications for each stage (see Stage 1 below).

Stage 1 PAC

The proposed PAC podium does not exceed 3 storeys in height.

A5.3 Awnings are provided Complies with A5.3 along each frontage of the building. Preliminary Approval

Detailed design matters will be addressed in future Development Permit applications for each stage.

Stage 1 PAC

Awnings are provided along each primary frontage of the PAC (being the Wharf Street A5.4 The awnings to Wharf and internal plaza frontages). Street are of the same design and height of those Precincts 5, Complies with P5 6 & 7. Preliminary Approval

Detailed design matters will be addressed in future Development Permit applications for each stage.

Stage 1 PAC

The proposed awning along Wharf Street is a key component of the building’s overall design and maintains a unique style and composition. The awning signifies the organic form and appearance of the Far North Queensland rainforest. The awning will provide shade and weather protection along Wharf Street.

Although different in overall appearance, composition and scale, the proposed awning will be complementary to and compatible with awnings of surrounding buildings.

Please refer to the architectural plans attached as Appendix C.

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE P6 View corridors to Trinity Inlet A6 Buildings and structures are Complies with A6 and adjoining precincts are not located within the view retained and enhanced. corridors to the waterfront and Preliminary Approval & Stage 1 PAC the City (refer to Plan 3: View No buildings or structures are located within Corridors) or the identified open the view corridors to the waterfront and the space areas (refer to Plan 4: City as shown on Plan 3 or the open space Major Open Space Areas). areas as shown on Plan 4.

P7 Future development protects A7.1 All development is A7.1 –A7.2 Complies the heritage significance of consistent with the Heritage White’s Shed. Conservation Code and the The development seeks to integrate and Conservation Plans. conserve Whites Shed as a fundamental component of development. A statement of A7.2 All development obtains Heritage Impact is provided at Appendix H. the necessary approvals from All required permits are being sought as the Heritage Council. required.

P8 The design of the building/s A8.1 Building design Complies with A8.1 reflects the tropical character of incorporates lightweight Cairns. cladding glazing and sun Preliminary Approval protection such as deep Detailed design matters will be addressed in reveals, louvre and overhangs future Development Permit applications for to each evaluation. each stage.

Stage 1 PAC

Built form reflects the sub-tropical character of Cairns by incorporating lightweight materials, expansive awnings to provide sun shading, appropriate glazing, and an open shaded plaza that allows breezes to flow freely through the site. The awning hangs over the plaza and Wharf Street to provide shade and

weather protection.

Please refer to the architectural plans attached as Appendix C.

A8.2 Roof structures are Complies with A8.2 designed to conceal any roof Preliminary Approval plant equipment from ground level view. Detailed design matters will be addressed in future Development Permit applications for each stage.

Stage 1 PAC

The roof structure of the PAC conceals plant equipment from ground level view.

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Density

P9 Development within Cityport is A9 Development within the Not Applicable A9 of a scale and density which is Cityport Local Plan area has a appropriate given its waterfront maximum residential density of The proposal is not for residential location 800 persons per hectare. development.

Circulation and Access

P10 The Gateway Plaza is Note: The site is not located within or adjacent designed to accommodate coach, to the Gateway Plaza. Despite this, to satisfy taxi and service vehicle the purpose of this code table, P10 has still movement when cruise vessels been addressed as follows. are in port. Not Applicable A10.1 A10.1 Buildings are suitably located to provide for vehicular The site is not located adjacent Precinct 5. access from the shared zone This item is therefore not applicable. with Precinct 5 to the north. Not Applicable A10.2 A10.2 A set down are (porte cochere) is provided adjoining The site does not adjoin the Gateway Plaza. the Gateway Plaza. This Acceptable Solution is therefore not applicable.

Complies with P10 A10.3 No vehicle access is provided from Wharf Street Note: The site is not located within the Gateway Plaza however the intent of P10 has still been addressed as follows.

Preliminary Approval & Stage 1 PAC

In accordance with the Cityport Local Area Plan Code, secondary service vehicle access

is intended to be provided from Wharf Street along the western boundary of the site. This service vehicle access will be used by vehicles servicing the future Museum. This access is not intended to be provided until the

time of the construction of the Museum. A10.4 The design incorporates A10.4 – Complies only minor level changes in accordance with ‘AS1428 – Minor level changes are envisaged, and the Design for Access and Mobility’. site is design to AS1428 (refer Traffic Report at Appendix E) A10.5 The parking, set down and manoeuvring areas are in accordance with the Traffic and Access Planning Code. Complies with P10

Note: The site is not located within the Gateway Plaza however the intent of P10 has

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE still been addressed as follows.

Preliminary Approval & Stage 1 PAC

Please refer to section 9 of this report and the Traffic Report prepared by Arup attached as Appendix E for justification of the proposed parking, set down and manoeuvring areas.

P11 Adequate on-site car parking A11.1 On-site car parking is Complies with P11 is provided. provided in accordance with the Parking Code. Preliminary Approval & Stage 1 PAC

Please refer to section 9 of this report and the Traffic Report prepared by Arup attached as Appendix E for justification of the proposed carparking.

Complies with A11.2 A11.2 Car parking is limited to one basement or semi- Preliminary Approval & Stage 1 PAC basement level. Car parking under the Gateway Plaza must Carparking on site is limited to one basement not raise the level of the plaza level (beneath the Stage 1 PAC). above the floor level of adjacent Please refer to section 9 of this report and the Wharf Shed No. 3, or impede Traffic Report prepared by Arup attached as pedestrian access from Wharf Appendix E for justification of the proposed Street to the plaza. parking, set down and manoeuvring areas proposed for the site.

Landscaping

P12 A ‘pedestrian’ plaza is A12.1 The pedestrian plaza is Complies with A12.1 developed to provide a useable developed to link this precinct open space area which also with the adjoining Precinct 3. It Preliminary Approval & Stage 1 PAC reinforces visual and pedestrian will also link to the promenade Useable open space areas for pedestrian links to the adjoining Precinct 3. between any further buildings activity are located within the lower and upper and the international cruise plazas. The plaza unifies the site and links terminal. with the surrounding pedestrian network.

In accordance with Ports intent, no public access will be provided between the site and the promenade. This space is outside the lease area and will remain dedicated to port operations. A12.2 The design of the ‘pedestrian’ plaza is in Complies with A12.2 accordance with the Landscape Design Code. Preliminary Approval & Stage 1

Detailed design will address development principles and specific area provisions

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE identified in the Landscape Design Code. Detailed design will also take into account the CBD landscaping design strategy and palette.

P13 Continuous pedestrian A13 A promenade / boardwalk Not Applicable A13 access is provided along the is developed between any waterfront of Cityport. future building and the Preliminary Approval & Stage 1 PAC international cruise terminal to In accordance with Ports intent, no public provide a continuous link along access will be provided between the site and the waterfront. the promenade. This space is outside the lease area and will remain dedicated to port operations.

P14 The design of the promenade A14 The detailed design of the Not applicable A14 is consistent with adjoining promenade is in accordance precincts. with the Landscape Design The proposal does not include the Promenade Code. design.

P15 Artworks in the pedestrian A15 Artworks and other Complies with A15 plaza complement the heritage features are provided in the ‘feel’ of the area. pedestrian plaza. Preliminary Approval & Stage 1 PAC

The landscape design will have a contemporary industrial aesthetic that is appropriate to both the historic and proposed land uses for the site. The landscape design will also be complementary to redeveloped Wharf Sheds 2 & 3. Art works and features will be incorporated during design development.

Please refer to the landscape architectural plans attached as Appendix C.

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Design

P1 Building height is alternated A1.1 Tall buildings are setback Complies with A1.1 along the waterfront to provide a form the waterfront and the varied skyline and to provide historic wharves to maintain a Preliminary Approval & Stage 1 PAC views to the waterfront, City and low-scale development along The tallest building proposed on site is the surrounding mountains. the waterfront. Performing Arts Centre (with an RL of 39.35 metres). The Performing Arts Centre is proposed to be setback from the waterfront and historic wharves in accordance with Ports requirements. This will allow the waterfront to maintain an appropriate low-scale and will ensure port operations continue to function as

intended.

Please refer to the architectural plans attached as Appendix C.

A1.2 High and low building Complies with A1.2 masses are alternated along the Preliminary Approval length of Cityport and are divided by extensively paved The CEP will contain a mix of high and low and landscaped pedestrian building masses. These building masses will ways that also function as be alternated across the site and will be shared vehicular access. refined through future Development Permit applications for each stage.

Stage 1 PAC

The proposed Performing Arts Centre is

intended to be the tallest building on the site at RL 39.35 metres (at the fly bridge), whilst the museum and White’s Shed will retain a lower scale. The height and scale of the Performing Arts Centre in comparison to the

Museum and White’s Shed will allow the PAC to develop as the heart and focal point of the precinct.

The proposed buildings will be separated by a paved/landscaped pedestrian plaza at ground level which will allow continuous pedestrian movement throughout the site. The plaza will break up the built form, clearly separating the

buildings and allowing for an appropriate transition of scale to be established between the PAC, White’s Shed and the Museum. A1.3 A distinctive podium height is created along the length of

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE Cityport with upper portions Complies with A1.3 – A1.4 progressively setback in increasing height. Preliminary Approval

A1.4 The scale of buildings is Detailed design matters will be addressed in reduced through emphasising future Development Permit applications for horizontal proportions and each stage framing and fenestration where Stage 1 PAC possible. Horizontal proportions of the PAC will be emphasised to reduce the overall scale of the building. The horizontal forms will be defined by the upper and lower plazas, and the horizontal roof form.

Please refer to the architectural plans attached as Appendix C.

P2 Building design across A2.1 Architectural features such Complies with A2.1 Cityport with be distinctive and as wind protection, sunshades reflect the maritime character of and awnings are incorporated Preliminary Approval the area. into building design to enhance Detailed design matters will be addressed in the visual appearance of the future Development Permit applications for buildings. each stage.

Stage 1 PAC

The roof form of the proposed Performing Arts Centre is a significant element of the overall architectural design. The roof will incorporate an awning which will extend from the building, over the public plaza to provide shading and weather protection. The awning will retain an organic form to resemble the natural form of

the Far North Queensland rainforest (please refer to the architectural design statement attached as Appendix C).

Please refer to the architectural plans attached as Appendix C.

A2.2 Lightweight building Complies with A2.2 materials (i.e. metallic coloured, pre-fabricated sheet, timber Preliminary Approval boarding etc) are the dominant Detailed design matters will be addressed in building material. future Development Permit applications for each stage.

Stage 1 PAC

The PAC will incorporate light weight building

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE materials where possible. Materials will be refined at detailed design stage.

Complies with A2.3 A2.3 Landscape terraces are provided at the podium level Preliminary Approval and other lower roof levels Detailed design matters will be addressed in future Development Permit applications for each stage.

Stage 1 PAC

Landscaped areas are provided throughout the terraced upper and lower plazas. Landscaping treatments will include seating,

an open amphitheatre and planting. Landscaping will resonate the cultural, climate and character of the region.

Please refer to the landscape architectural plans attached as Appendix D.

Complies with A2.4

A2.4 Roof structures are Preliminary Approval designed to conceal any roof plant equipment from ground Detailed design matters will be addressed in level view. future Development Permit applications for each stage.

Stage 1 PAC

The proposed roof structure for the PAC will conceal plant equipment from ground level view.

P3 Development integrated with A3.1 A continuous streetscape Complies with A3.1 the City centre. is developed to Wharf Street. Preliminary Approval & Stage 1 PAC

The proposal provides continuous streetscape treatments to Wharf Street. The streetscape is defined by the lower plaza which integrates with the existing Wharf Street pedestrian network. The plaza contributes to an attractive

and enlivened streetscape.

Please refer to the architectural plans attached as Appendix C.

A3.2 Awnings are provided to Complies with A3.2 all public edges.

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE Preliminary Approval & Stage 1 PAC

Awnings will be provided to all public edges.

Preliminary Approval

Awnings will be provided to all public edges, including along Wharf Street and over the internal public plaza. These will be refined further in future Development Permit

applications for each stage.

Stage 1 PAC

The awning and roof form proposed for the PAC will define the edge of the precinct along both Wharf Street and the southern access road. The awning will be a key feature of the overall building design. The awning has been

designed to reflect the rainforest of Far North A3.3 Landscape design and Queensland and provides shade and weather other features reflect the protection for site patrons. character of the City. Please refer to the architectural plans attached as Appendix C.

Complies with A3.3

Preliminary Approval & Stage 1 PAC

A Landscape Concept has been prepared for the precinct as a whole. The landscape design and features will reflect the rainforest setting and urban culture of the precinct, whilst highlighting the historical features within the site. Plant species will reflect the rainforest environment with a focus on Australian species.

Please refer to the landscape architectural plans attached as Appendix D.

P4 Vehicle access and service A4.1 Car park entrances are Complies with A4.1 areas do not dominate the suitably designed and located to streetscape. minimise the impact of these Preliminary Approval & Stage 1 PAC areas on adjoining uses. One basement car park is proposed for the site, under the Stage 1 PAC. The entrance to the carpark will be visible and clearly accessible from the southern access road. The carpark entry will have no adverse impact on adjoining land uses or to Wharf Street.

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE A4.2 Loading docks and other Complies with A4.2 service areas are concealed within buildings. Loading docks and service areas will be concealed within the buildings on site.

View Corridors

P5 Key views to and from the A5.1 All key views identified on Complies with P5 waterfront are retained and Plan 3: View Corridors are enhanced through the future re- retained. Preliminary Approval & Stage 1 PAC development of Cityport. OR Please refer to the response to P4 of the Cityport Local Plan Code. If the precinct boundary between two precincts is altered, building and structures are located to provide a view corridor (or a similar size to the existing corridor) between the two precincts.

A5.2 No structures impede these view corridors

A5.3 Where possible, existing buildings within these view corridors are removed.

A5.4 The view corridors are enhanced by appropriate landscape design and planting.

P6 A combination of pedestrian A6.1 An integrated and Complies with A6.1 linkages and open spaces areas enlarged open space and are provided as a key feature of pedestrian movement network Preliminary Approval & Stage 1 PAC Cityport. These open space areas is provided as depicted on Plan The open space shown on Plan 4 will be ensure Cityport is highly 4 retained. accessible. OR The public plaza also establishes new open If the precinct boundary space and view corridors on the site. The between two precincts is public plaza is broken into lower and upper altered, buildings and structure plaza areas, which provide are located to provide a recreation/communal spaces for the pedestrian connection and view community as well as offer a formal corridor (of a similar size to the foreground to the buildings on the site. The existing corridor). plaza links the buildings on the site, uniting the precinct and allowing efficient pedestrian access between the buildings. The plaza also links with surrounding open spaces including those shown on Plan 3, and links with the existing pedestrian network along Wharf

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE Street.

A6.2 The design of these areas Complies with A6.2 is consistent with the Landscaping Design Code. Preliminary Approval & Stage 1 PAC

The proposed public plazas have been designed in accordance with the Landscape Design Code and are DDA compliant.

Please refer to the landscape architectural plans attached as Appendix D.

P7 Development complements A7 No building or structures are Complies with P7 the open space and pedestrian located within the view corridors movement systems. or open space areas as Preliminary Approval & Stage 1 PAC identified. Please refer to the response to P4 of the Cityport Local Plan Code.

P8 A continuous waterfront A8.1 Continuous pedestrian Not Applicable A8.1 – A8.2 promenade/boardwalk is access is provided adjoining the provided, linking Cityport with the waterfront as shown on Plan 4: In accordance with Ports intent, no pedestrian Esplanade. Major Open Space Areas. access will be provided between the site and the promenade/boardwalk. The A8.2 An alternative pedestrian promenade/boardwalk is outside the lease route is provided for occasions area. when access to the wharf at the southern end of Cityport is restricted by cruise operations.

A8.2 The design of the waterfront promenade is consistent with the Landscape Design Code.

Access and Movement Network

P9 Development provides A9 An integrated and efficient Complies with A9 convenient pedestrian links pedestrian movement network between the City Centre and is provided as depicted on Plan Preliminary Approval & Stage 1 PAC Cityport. 4: Major Open Space Areas. The plaza will run through the core of the site and will allow for the integrated and efficient movement of pedestrians through the site. The lower and upper plazas will connect the buildings on the site and will integrate with surrounding pedestrian pathways and open spaces. P

Please refer to the architectural plans contained within Appendix C and the landscape plans contained within Appendix D.

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE P10 Vehicular access to Cityport A10.1 An efficient traffic Complies with P10 is safe, efficient and provides for network is provided as depicted the needs of all users of Cityport. on Plan 5: Road Network. Preliminary Approval & Stage 1 PAC

A10.2 Development along The CEP development was not envisaged at Shield Street provides suitable the time the road network proposed by Plan 5 linkages between the was developed. The CEP can therefore not Esplanade and Cityport marina comply with Plan 5. CEP will however meet facilities. Such linkages will P10 by providing safe and efficient vehicle provide efficient pedestrian and access to the site as detailed by the traffic vehicular access and suitable report prepared by Arup attached as car parking facilities. Appendix E.

P11 Car parking, servicing and A11.1 Sufficient on-site parking Complies with P11 set down areas do not dominate is provided to cater for all the streetscape. development (refer to the Please refer to section 9 of this report for a Parking Code). detailed assessment.

A11.2 Car parking entrances, Complies with A11.2 loading/unloading areas and set down areas are designed to Preliminary Approval & Stage 1 PAC minimise the impact of these The proposed car park, loading areas and set areas on the streetscape. down areas for the precinct have been designed so that they do not pose adverse impact on the streetscape. These facilities will be accessible via the southern access road, with the exception of a secondary service vehicle access (part of Stage 3) and a bus and passenger set down area which will be accessible via Wharf Street. The facilities will be screened from view as much as possible and will not pose any adverse impacts to the amenity of the streetscape.

Please refer to the architectural plans attached as Appendix C.

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SEAPORT COMMERCIAL & BUSINESS PLANNING AREA CODE

PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE

General

P1 Development focuses on A1 Development within the Complies with P1 ‘transitional’ commercial and/or Commercial & Business business uses that provided a Planning Area includes the Preliminary Approval & Stage 1 PAC buffer between the residential and following uses – The proposed development is considered a tourism uses in Cityport and port- ‘transitional use’ as it allows a transition of related uses in Seaport. North land uses to be established from the more Commercial Premises sensitive tourist/residential land uses in the northern portion of Cityport to the industry Recreational & Sporting Clubs land uses in the southern precincts of the Seaport LAP. The proposed CEP provides an Where ancillary to the appropriate buffer between these land uses. principle use and primarily servicing the employees and The proposal provides a buffer by: users of Seaport – Providing commercial and  Commercial premises tourist/entertainment facilities, and not  Restaurant incorporating residential facilities eliminating any significant amenity  Shop concerns;

South Focusing the public plaza towards the centre of the site away from the Seaport Industry, including – boundary;  warehouse distribution activities Encouraging patrons to flow out of the PAC, onto the public plaza in the centre of the site  warehouses and travel north along the pedestrian pathway to access the tourist facilities within the northern portion of Cityport;

Providing a harder edge to the southern façade of the Performing Arts Centre to provide a buffer from Seaport operations and prevent patrons from accessing the Seaport;

Incorporating directional pathways and landscaping to passively encourage patrons to remain along Wharf Street or to move north within Cityport;

Locating the vehicle entrance to the southern boundary of the site, adjacent the Seaport; and

Providing visual instead of physical links to the Seaport from buildings and public

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE spaces.

By incorporating these techniques within the development, the proposal stitches together the land uses of the Cityport and Seaport, providing a buffer between the residential and tourist focused activities of Cityport and the industrial operations of Seaport. In achieving this outcome, the proposal also protects the operational values of both the Cityport and the Seaport.

In accordance with P1, the proposal is for community/social infrastructure that celebrates the arts and showcases the region’s history, culture and character. The CEP does not incorporate any residential land uses or any sensitive receiving environments.

Please refer to section 9 of this report for further details.

P2 Development demonstrates A2.1 No acceptable solution Complies with P2 that it requires this key port provided. The applicant is to location. provide a solution which Preliminary Approval & Stage 1 PAC achieves the Performance The CEP site has been selected for its key Criteria. location adjacent to the Trinity Inlet, adjacent the Cairns Convention Centre, in close proximity to the Cairns CBD and in close proximity to the Cairns esplanade.

The location has been selected based on its ability to begin to form a cultural entertainment precinct for the City of Cairns.

P3 Development does not A3.1 Development complies Complies with P3 compromise the long-term with the Seaport LAP Code. efficient operation of Seaport. Please refer to Section 9 of the planning report for a detailed response.

A3.2 Development complies with the Industrial Development Code.

P4 Development does not A4 No acceptable solution Complies with P4 adversely affect the amenity of – provided. The applicant is to provide a solution which Preliminary Approval & Stage 1 PAC Planning Area; or achieves the Performance A Maritime Report has been prepared by Criteria. Cardno to demonstrate that the proposal will

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE adjoining land uses not disrupt the function or operation of the surrounding Seaport activities, and will ensure all current activities can continue to occur after the CEP has been developed.

The Maritime report responds to and complies with the provisions of the Buffer Report prepared by RPS and the overriding objectives established by Ports. Please refer to the Maritime Report prepared by Cardno attached as Appendix K.

The development has also been designed to minimise impacts on any potential development to the north of the site in Cityport by managing lighting and noise impacts to this boundary.

Built Form

P5 Future development reinforces A5 Buildings or structures Complies with P5 the views to the waterfront and located within the view corridor the City (refer to Plan 2: View area have a maximum building Please refer to the response to P4 of the Corridors) by accommodating a height of 4.0 metres. Cityport Local Plan Code. view corridor down Sheridan Street towards the waterfront.

Built Form

P6 The height of buildings must A6.1 No maximum building Complies with P6 be compatible with the existing height is specified, although and desired character of the area. building height should be similar Preliminary Approval to the surrounding development Detailed design matters will be addressed in and will not intrude into the future Development Permit applications for prescribed airspace of the each stage. airport. Stage 1 PAC A6.2 Where adjoining Cityport, building height is staggered The maximum building height of the proposed down to be compatible with the Performing Arts Centre is RL 39.35 metres existing character of Seaport. (taken from the fly bridge).

Notably, the Performing Arts Centre will be of a similar scale to the Cairns Convention Centre which is located immediately to the west of the site. Other land uses surrounding the site range in scale from 1 – 15 storeys. The Performing Arts Centre will be of a scale that is compatible with surrounding land uses, and character of Seaport, and is appropriate

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE for the site and setting.

P7 Development must not A7.1 Building on sites with Complies with P7 adversely impact on the amenity frontages to a State-controlled of the adjoining premises and the road, existing or proposed Preliminary Approval locality. arterial road or existing or Detailed design matters will be addressed in proposed sub-arterial road, as future Development Permit applications for identified on Plan 3: Road each stage. Network, are set back 8 metres from the other road. Stage 1 PAC

A7.3 In other cases, buildings The PAC will be appropriately setback so as are setback – to minimise impact on the amenity of adjoining premises and the streetscape. The proposed 6m from the main road setbacks ensure the development frontage; and appropriately complements surrounding 3m from any secondary road development, yet maximises the usable area frontage. on site.

Please refer to the architectural plans attached as Appendix C.

P8 The siting of buildings A8 Main entrances are easily Complies with A8 contributes to the desired amenity identifiable and directly of the area and protect the accessible from the street. Preliminary Approval amenity of other land uses. Detailed design matters will be addressed in future Development Permit applications for each stage.

Stage 1 PAC

The PAC building entries will be clearly identifiable and accessible from Wharf Street. Building entries will incorporate awnings and clear signage.

Please refer to the architectural plans attached as Appendix C.

P9 Buildings and ancillary A9 Development considers the Complies with A9 structures are – sustainable design principles outlined in the Sustainable Preliminary Approval & Stage 1 PAC responsive to the tropical Development Code. climate by taking into account All items in the Sustainable Development prevailing breezes and solar Code are addressed separately in Appendix I. orientation The design has responded to the tropical designed to minimise energy climate by guiding SE winds (predominant in consumption; and the afternoon) through the site however utilising landscaping to prevent uncomfortable incorporate sustainable design wind channelling. Solar modelling has been principles to minimise adverse used for the precinct design in order to ensure

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE impacts on the community and adequate shading of outdoor areas and development. facades.

Extensive community consultation has been engaged in in order to respond to the needs of the local community and provide a site in which all can feel welcome.

Sustainability consultants Cundall have carried out an assessment of the proposed development against the merits of the Planning Scheme, particularly the Sustainable Development Code. Cundall have advised that the proposal meets the key intent for sustia intent of the Sustainable Development Code.

Please refer to the Sustainability Report prepared by Cundall attached as Appendix I.

Landscaping

P10 Landscaping provides a A10.1 Development complies Complies with A10.1 & A10.2 buffer between industrial uses with the Landscaping Code. and non-industrial uses, in Preliminary Approval & Stage 1 PAC particular, sites adjoining Cityport A10.2 Development complies Detailed design will address development and the CBD. with the Industrial Development Code. principles and specific area provisions identified in the Landscaping Code. The Detailed Design phase of the project will also take into account the CBD landscaping design strategy and palette. Buffer planting will be used to separate the port and Cruise Terminal from the Entertainment Precinct.

GENERAL CODES

ASSESSMENT & MANAGEMENT OF ACID SULPHATE SOILS CODE

PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE

General

P1 The release of acid and A1 Acid sulphate soils are not Complies with A1 associated metal contaminants into disturbed when excavating or the environment is avoided. otherwise removing soil or sediment, Preliminary Approval & Stage 1 PAC extracting groundwater or filling land. Acid Sulphate Soils (ASS) are likely to be exposed and disturbed during

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OR excavation of the basement and services trenching. Likely If acid sulphate soils are disturbed, strata/materials are as described in they are treated and, if required, the Geotechnical Desktop study by ongoing management of any Golder Associates. disturbed acid sulphate soils and drainage waters is undertaken. It is proposed that all Potential Acid Sulphate Soils (PASS) will be treated on site or removed to a safe disposal area within suitable time constraints to minimise the risk of oxidation.

P2 Prior to any site works, the A2.1 Sampling and analysis is Complies with A2.1 – A2.2 likelihood of AASS or PASS and the carried out in accordance with the associated environmental impacts procedures described in The Preliminary Approval & Stage 1 PAC are determined. Guidelines for Sampling and Analysis A geotechnical analysis has been of Lowland Acid Sulfate Soils (AASS) conducted by Golder Associates in Queensland produced by the which analyses contamination Department of Natural Resources, matters on the site. Mines & Water. A detailed ASS and PASS A2.2 An Acid Sulphate Soil Management Plan will be provided as Investigation Report is submitted to part of future stages of the project. and approved by the assessment manager prior to any approval. This Please refer to the Geotechnical report is to include at least the Report attached as Appendix J. following –

the testing results;

sampling methods;

an assessment of the potential for acid sulphate soils to be disturbed either through drainage or excavation; and

potential impacts on adjoining areas.

The level of testing should be commensurate with the level of risk.

P3 Where in an area of PASS or A3.1 Where AASS or PASS is Complies with A3.1 – A3.2 AASS, development is managed in a identified, an Acid Sulphate Soils manner that ensures the Environmental Management Plan is Preliminary Approval & Stage 1 PAC environmental values including prepared. The EMP is to detail at An EMP can be developed for the receiving water quality are not least the following – Construction phase of the project. adversely impacted and that assets The EMP will include the ASS and are not subject to accelerated the sampling & analysis procedures PASS management plans formulated

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE corrosion. to be adopted; for the treatment of any acid sulphate soils. the methods of treating/managing soils; Please refer to the Civil Report prepared by Cardno attached as details of monitoring procedures; Appendix F. and

details of contingency procedures.

A3.2 All development is to be carried out in accordance with the approved Environmental Management Plan.

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DEVELOPMENT OF FLOOD PRONE LAND CODE

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General

P1 Any developing involving the A1.1 Development does not Complies with A1.1 – A1.3 excavation or filling of land is carried significantly alter the levels of the out so as not to have a “worsening” site Preliminary Approval & Stage 1 PAC effect on flood water levels or flow The current site is generally level and results either upstream or AND/OR varies from RL 1.8 to RL 2.0AHD downstream of the development site. Development does not impact on which is significantly below the downstream properties accepted flood levels. The adopted Q100 level for the proposed AND/OR commercial building areas is RL 2.7AHD for a planning period to 2050 Where sites levels are to be altered, whereas the Performing Arts building adequate retention and retardation has a planning period to 2100 and a mechanisms are provided to ensure commensurate Q100 flood level of the quantity of water leaving the site RL 3.2AHD. The difference is due to is not increased above present increased sea level predictions volumes and flow rates. between 2050 and 2100. It should be A1.2 Water quality measures are noted that Whites Shed which will be established to ensure the quality of retained on site has a floor level of water (surface and sub-surface) is of RL 2.7AHD. The site is affected by an equivalent or higher standard inundation in three ways:- than presently exists. 1. Rainfall occurring on the site A1.3 A water quality monitoring 2. Floodwaters from the sea program is implemented. 3. Floodwaters from the CBD

1. Rainfall over the site will actually have a reduced effect on adjacent properties as the site will have some rainwater harvesting storage and all roof water will be collected directly into the underground drainage system. At present the site is poorly served with drainage collection points and the main discharge system is in fact collecting all the water from the CBD Grafton street catchment. This system will be disconnected from the CBD and be used solely for the CEP outflows. Excess rainfall or rainfall not captured by the underground drainage system will flow to adjacent ground areas as presently existing. However this will be less than at present due to the greater volume of

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outflows directed to the underground system.

2. When the site is affected by floodwaters from the sea, inundation to adjacent properties will be affected to the same extent as the site as flood levels will be mostly uniform depending on location of inflow through the sea wall, drainage pits without flood gates and overland flow from either end of the wharf.

3. At present overflows external to the site from the CBD can occur across the site at low points in Wharf Street (about RL 1.8) and at the Southern Access Road (about RL 1.9) initially and then at higher levels across the Wharf Street boundary generally. Behind Whites Shed and to the north, the site is protected by a levee to at least RL 2.43 whilst the ground levels along the PA boundary are at about RL 2.2. In the Cairns CBD Drainage Upgrade report of May 2006 various storm events for ARIs from 1 to 100 years were modelled for a fully developed drainage scheme. In general no overflows are indicated for all events in the area of the site. However for sea levels at or below MHWS (RL 0.93) some overflow from surcharging of the underground stormwater system in Wharf Street might just occur in the 50 and 100 year events. If sea level is at HAT then overflow is likely to occur in events greater than a 10 year event. In both cases though overflows would not be great as the pipe involved is only 375mm dia. assuming main pit covers are bolted down.

At present the CBD drainage passes through the site in two 900mm dia. pipes. Pits connect to this system in the Port land and are able to surcharge the site and adjacent

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roads. Once the building occurs and the pipes are relocated this will no longer occur and the existing pipes will in fact be able to reduce the level of ponding in the area by discharging greater volumes to the sea directly.

With development of the site the area available for ponding and flood storage will be significantly reduced at the Performing Arts building and also the museum in the later stages of the project. However it is considered that the change in CBD drainage and the increased discharge capacity from the site will ameliorate this loss.

Please refer to the civil report attached as Appendix F.

P2 All buildings and uses A2 The floor level of all buildings and Complies with A2 have a reasonable level structures is located above Q100 of flood immunity. flood heights. Preliminary Approval & Stage 1 PAC

OR This element has been addressed in the Cardno report – Flooding and Where a lower level of flood immunity Storm Surge Report dated 12 May is required for the intended use, an 2011 and is appended to this report. appropriate floor level is provided for the use. In these circumstances, As per the application drawings new appropriate mechanisms should also floor levels have been set to satisfy be developed to manage flood the recommendations of the report. events. The existing Whites Shed however is at the same level as the design Q100 level for commercial activities and therefore has no free board to that event.

Please refer to the civil report attached as Appendix F.

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DEVELOPMENT IN THE VICINITY OF THE AIRPORT CODE

PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE

General

P1 Development is consistent with A1 No acceptable solution provided. Complies with P1 State Planning Policy 1/02 – The applicant is to provide a solution Development in the Vicinity of Certain which achieves the Performance Preliminary Approval & Stage 1 PAC Airports and Aviation Facilities. Criteria. The proposal complies with the provisions of SPP1/02.

Please refer to the Acoustic Report attached as Appendix G.

Noise Impacts

P2 Future development is located A2.1 Development is consistent with Complies with A2.1 and designed to minimise the SPP1/02. impacts of aircraft noise. Preliminary Approval & Stage 1 PAC

The proposal complies with the A2.2 Development is located within provisions of SPP1/02. the appropriate ANEF area as – outlined on Airport LAP Plan 4: Complies with A2.2 A2.4 Cairns Port Authority 2005 ANEF Preliminary Approval & Stage 1 PAC Contours. The proposed development will not A2.3 No development is be located be adversely impacted by aircraft on land affected by aircraft noise noise or vibrations. Please refer to levels greater than 75 dB(A), the Acoustic Report prepared by assessed as the maximum sound Acoustic Studio. pressure level, using the (S) time- weighting, equalled or exceeded for more than 5 minutes over a 24 hour period (TALA).

A2.4 If located between 70 dB (A) and 75 dB (A) TALA contour, noise attenuation measures consistent with AS2021 are adopted.

Protection of Operational Airspace

P3 The construction of buildings or A3.1 Buildings and other structures Complies with A3.1 – A3.2 other structures does not interfere do not protrude into the Obstacle with the movement of aircraft or the Limitation Surface or PAN-OPS for Preliminary Approval & Stage 1 PAC safe operation of the Airport. the Cairns International Airport, as The proposed development will not identified on Airport LAP Plan 3: intrude into the Obstacle Limitation Obstacle Limitation Surface. Surface or PAN-OPS. A3.2 No industrial or other structures

intrude into the prescribed airspace for the Airport, either physically or by

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a discharge plume of a velocity exceeding 4.3m/sec, with depleted oxygen content, of high temperature, or of high particulate content, or

likely to cause visibility problems shall be permitted.

A3.3 All lighting and illumination Complies with A3.3 satisfies the requirements of Civil Aviation Regulation 1998 and the Preliminary Approval & Stage 1 PAC Civil Aviation Safety Regulations Lighting and illumination can satisfy 1998. Ports requirements. A3.4 Development does not emit Complies with A3.4 high electromagnetic or signal transmissions in the vicinity of Cairns Preliminary Approval & Stage 1 PAC Airport. The proposal will not emit high electromagnetic or signal transmissions in the vicinity of Cairns

Airport.

Not Applicable A3.5 A3.5 Development in the vicinity of Preliminary Approval & Stage 1 PAC the Airport runway end does not constitute a safety hazard to aviation The development is not located in operations. the vicinity of the Airport runway.

A3.6 Future developments and Complies with A3.6 ongoing operations are managed to minimise the risk of bird strike. The operation of the proposed PAC is not considered to impact the risk of bird strike.

Public Safety Areas

P4 Development in the public safety A4 A significant increase in the Complies with P4 area does not increase the risk to life number of people living, working or or property. congregating in the public safety Preliminary Approval & Stage 1 PAC area is avoided. The development does not result in a risk to public safety and is accordance with the RPS Buffer Areas Report .

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ENVIRONMENTAL PROTECTION CODE

PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE

Impacts on Ecological Areas

P1 Development does not A1 No acceptable solution provided. Complies with P1 detrimentally impact on areas of high The applicant is to provide a solution ecological value, including the Trinity which achieves the Performance Preliminary Approval & Stage 1 PAC Inlet. Criteria. The site itself is not considered to be of high ecological value. The overall ecological value of the site will be improved by the development. The site is not directly adjacent to the Trinity Inlet however it is closeby. Stormwater will be designed such that the post-development peak 1.5 year Average Recurrence Interval (ARI) event discharge from the site will not exceed the pre-development peak 1.5 year ARI event discharge. All stormwater discharged from the site will be filtered such that the minimum Pollution Reductions Targets will include: total suspended solids 80% reduction, gross pollutants 85% reduction, Total Petroleum Hydrocarbons 60% reduction compared to typical urban load.

Please refer to the Sustainability Report prepared by Cundall attached as Appendix I.

P2 The environmental values of A2.1 The siting of buildings and on- Complies with A2.1 adjoining waterways and wetlands site works considers the existing are maintained and protected. natural drainage systems and Preliminary Approval & Stage 1 PAC surrounding waterways and The development of the Cairns wetlands. Entertainment Precinct will basically Where appropriate, development is involve 100% coverage of the site. As setback from waterways and such only relatively clean water will wetlands to provide an adequate be discharged from the site. buffer to these areas. The roofs will collect all rain water Development maintains an into a harvesting tank as detailed on acceptable level of environmental the Hydraulic Consultant drawings protection including water quality and from where it will discharge to stormwater discharge. existing underground stormwater drains and thence to the Inlet.

Areas not roofed such as paths and

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plazas will only be collecting rainwater from pedestrian activities which will be collected and discharged into either existing or new underground stormwater pipes which will in turn discharge to the Inlet.

Loading areas for delivery and unloading locations will all be provided with water quality treatment devices to remove pollutants as required by current FNQROC guidelines.

Please refer to the Sustainability Report prepared by Cundall attached as Appendix I.

P3 During the construction and A3.1 Environmental Management Complies with A3.1 – A3.2 operational phases effective site Plans (to the satisfaction of the CPA) management practices are adopted are prepared to minimise the Preliminary Approval & Stage 1 PAC to ensure there are no adverse potential impact of development on During the construction phase the impacts on the ecological values of the environment. All development is managing contractor will be required the adjoining areas. carried out in accordance with the to complete and adhere to a approved EMP. comprehensive and site specific A3.2 Any land disturbed, cleared or Environmental Management Plan degraded as part of the construction which is written in accordance with or operation of development is to be ISO 14001. rehabilitated immediately to the Please refer to Section 12 – Bulk satisfaction of Cairns Port Authority. Earthworks section of the Civil Engineering report prepared by Cardno for a description of solutions to water quality control during the construction phase.

Please also refer to the Sustainability Report prepared by Cundall attached as Appendix I for further details.

P4 Where vulnerable, rare or A4 Development complies with any Complies with A4 endangered species occur or are relevant guidelines (State or likely to occur, management and Commonwealth) for conservation Preliminary Approval & Stage 1 PAC protection measures are established management of rare and threatened The site is a brownfield site also to avoid any negative impacts on species. containing the heritage listed White’s these areas. Shed. The site was previously used for storage and port loading. No vulnerable, rare or endangered species occur or are likely to occur

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on site.

Environmental Protection

P5 Emission of contaminants A5.1 Development, whether or not Complies with A5.1 – A5.2 including air pollutants, noise, involving an Environmentally vibration, heat, light, radioactivity and Relevant Activity, complies with the Preliminary Approval & Stage 1 PAC electromagnetic radiation, does not requirements of the Environmental Emissions of contaminants will cause environmental harm, nuisance Protection Act 1994 and other comply with the Environmental or contamination. relevant legislation. Protection Policy (EPP) A5.2 Any emissions produced from requirements. Zero ozone depleting development comply with the potential refrigerants and insulation Environmental Protection Policy will be used and leak detection fitted. (EPP) (Air). Please refer to the Sustainability report prepared by Cundall attached as Appendix I.

P6 Land management including A6.1 An EMP is prepared and Complies with A6.1 – A6.4 construction and ongoing operations implemented to ensure compliance are conducted in a manner that with the EPP (water) or applicable Preliminary Approval & Stage 1 PAC prevents pollutant emissions to industry standards. The managing contractor is required waterways. A6.2 The EMP is prepared to to produce and adhere to a site prevent contamination of surface and specific EMP which is compliant with groundwater, pollutant control the EPP covering emissions to methodology (including erosion and waterways including release of water sediment runoff), and water quality to waterways. This must also include monitoring. measures to prevent contamination of surface and groundwater, pollutant A6.3 Release of water from the control methodology (including development into receiving waters erosion and sediment runoff), water complies with the water quality quality monitoring, and ASS and objectives stated in the EPP (Water). PASS management plans.

A6.4 Development and operations A site specific wetland management are conducted in compliance with the plan is to be completed by a qualified EPP (Water). ecologist to address any connections between the site and the closeby Trinity Inlet. This plan covers both the construction phase measures appropriate to protect the Inlet from pollutants and the ongoing monitoring requirements during operation.

P7 Stormwater is of a standard that A7 Development does not result in Complies with A7 prevents contamination of surface contaminants being discharged to and or groundwater. the stormwater system. Preliminary Approval & Stage 1 PAC

Stormwater runoff will actually contain less pollutants than existing

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as most of the site will be covered with either roof or paths and gardens. Any run off from loading and unloading bays will have water quality devices installed to minimise pollutant runoff.

All stormwater discharged from the site will be filtered such that the minimum Pollution Reductions Targets will include: total suspended solids 80% reduction, gross pollutants 85% reduction, Total Petroleum Hydrocarbons 60% reduction compared to typical urban load.

P8 Liquid and solid wastes do not A8 Development, whether or not Complies with A8 result in environmental harm or involving an Environmentally nuisance. Relevant Activity, complies with the Preliminary Approval & Stage 1 PAC EPP (Waste) and any other relevant The proposed development will requirements. comply with Ports waste requirements.

P9 The risk to public safety, property A9.1 Risks and hazards associated Complies with A9.1 – A9.2 and the environment from with development and ongoing technological hazards (fire, operations are within acceptable Preliminary Approval & Stage 1 PAC explosion, and chemical release) is limits and adequate safety measures The managing contractor will be as low as reasonably practical and and contingency plans are in place. required to include in their site within acceptable limits. An EMP dealing with risk and hazard specific EMP, all items that may pose management may be required to as a risk or hazard to public safety. demonstrate how risk will be This must outline risk mitigation minimised and managed, as well is techniques suitable to keep the risks detailing emergency procedures. as low as reasonably practical and within acceptable Australia A9.2 Development complies with the Standards. requirements of relevant Queensland Legislation. Operational risks and hazards will be outlined in a precinct users guide A9.3 Hazardous materials are specifying risk mitigation procedures. handled and stored in accordance with the Australian Code for the Transport of Dangerous Goods by Road and Rail and any relevant Australian Standards.

P10 Noise emissions are within A10.1 Development is in accordance Complies with A10.1 – A10.2 acceptable limits for the particular with the EPP (noise) (except for Preliminary Approval & Stage 1 PAC

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE use. Airport related activities). Noise emissions and requirements for keeping these within acceptable A10.2 Where necessary, an EMP is limits during the construction phase prepared to address potential noise will be covered in the managing impacts. Such an EMP should also contractors site specific EMP. include a noise monitoring program.

P11 Noise and lighting emissions are A11 An EMP is prepared for Complies with A11 within acceptable limits for the industrial operations that occur particular use. outside daylight hours. This EMP is Preliminary Approval & Stage 1 PAC to include measures for minimising Out of daylight hours noise and light light spillage, including the siting of emissions and requirements for light sources. keeping these within acceptable limits during the construction phase will be covered in the managing contractors site specific EMP.

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HERITAGE CONSERVATION CODE

PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE

General

P1 Future development is designed Where in Cityport LAP — Complies with A1.1 & A1.2 and sited to protect the cultural heritage significance of the place(s), A1.1 Development within the The development seeks to integrate building(s) and structure(s). Heritage Area is consistent with the and conserve Whites Shed as a Cairns Cityport Wharf Area fundamental component of Conservation and Management development. A statement of Plan. Heritage Impact is provided at Appendix H. All required permits are A1.2 Tall buildings are setback from being sought as required. the historic Wharf Sheds to maintain low scale development along the waterfront.

Where is Airport LAP — A1.3 Not Applicable A1.3 Before development takes place within Airport LAP Movement Expansion Planning Area or Environment Planning Area, a cultural heritage assessment including a significance assessment is undertaken and recommendations for management are implemented.

P2 Development does not impair the A2 No acceptable solution provided. Complies with P2 culturally significant attributes of a The applicant is to provide a solution heritage place identified by the which achieves the Performance Preliminary Approval & Stage 1 PAC Indigenous people for who the place Criteria. The proposal protects the heritage is significant. values of the existing White’s Shed. Refer to Converge Report attached as Appendix H.

P3 Where existing historical buildings A3.1 The re-design and re-use of the A 3.1 Complies are to be re-used, the significance of historical buildings and structure is to the buildings and structures is – The development seeks to integrate protected. and conserve Whites Shed as a ensure the “historical features” are fundamental component of integrated into the alterations; development. A statement of Heritage Impact is provided at be sympathetic to the existing Appendix H. Architectural Plans structure and its historical included in Appendix C clearly significance; illustrate a visual distinction between old and new buildings, and the create a visual distinction between location of more significant new the original and the new building; structures away from, yet embracing and the historical White’s Shed. provide for public interaction and

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interpretation. Notably any actual development work on White’s Shed will be the subject of A3.2 The redevelopment of any future development applications historical feature carefully considers guided by the outcomes of the the potential impacts of development Statement of Heritage Impact. on the broader heritage area. All required permits are being sought as required.

P4 Future development within the A4 The history and character of the A4 Complies heritage area reinforces a historical area is reflected in design elements. theme. As noted previously in this report, and as expressed in the design package at Appendix C the history of the wharf has been a fundamental consideration of the design evolution of the development. This has been balanced with a need to also interpret effectively the wider aspects of design influence in Cairns, including a reflection of its location in the tropical north. A statement of Heritage Impact is provided at Appendix H. Architectural Plans included in Appendix C clearly illustrate the design evolution process and ultimately the effective integration of old and new buildings on site.

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LANDSCAPE DESIGN CODE

PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE

Design

P1 The appearance and amenity of A1.1 Landscaping is in accordance Complies with A1.1 development is enhanced through with an approved Landscape Plan use of high quality landscape that demonstrates the proposal’s Preliminary Approval & Stage 1 PAC design. Landscaping promotes the satisfaction of the performance Landscape design and features will character of the area, and is of an criteria. reflect the rainforest setting and appropriate scale and type relative urban culture of the precinct, and to the size and nature of highlight the historical features within development and its surroundings. the site. Plant species will reflect the rainforest environment with a focus on Australian species.

Please refer to the landscape architectural plans attached as

Appendix D.

Complies with A1.2 A1.2 Landscaped areas along and/or Preliminary Approval & Stage 1 PAC near retaining walls, broken walls, service areas, car parking areas and Plant species used will be recreational uses consist of an appropriate to the character of the appropriate combination of trees precinct as indentified in CPA Land shrubs and ground covers. use plan Schedule 1. Combinations of plant types will consider

establishment and maintenance requirements.

Please refer to the landscape architectural plans attached as Appendix D.

A1.3 Important views are maintained Complies with A1.3 and enhanced through landscape design. Preliminary Approval & Stage 1 PAC

Landscape design will punctuate view corridors from Grafton and Lake Streets; it will also create new vistas from the site into Precinct 3. Additional viewing opportunities will be encouraged through viewing points from upper levels.

Please refer to the landscape architectural plans attached as Appendix D.

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P2 Landscape siting and design A2 In landscaped areas, trees and Complies with A2 assists microclimate management to vegetation are selected and located conserve energy. to provide as much shade as Preliminary Approval & Stage 1 PAC possible. Trees in both the lower plaza and streetscape will be large and have dense foliage to provide adequate shade.

Please refer to the landscape architectural plans attached as Appendix D.

P3 Vertical landscaping ’softens’ the A3.1 Species selected for planting Complies with A3.1 appearance of multi-level buildings are suitable and of an adequate size and provides increased privacy or maturity to improve the Preliminary Approval & Stage 1 PAC between buildings. appearance of the development. Planting will be a mixture of juvenile and mature species which will complement the rainforest design by simulating forest stratification zones typically seen within a rainforest. Dense planting at each level will soften the appearance of the

development. A3.2 Landscaping is sited and Please refer to the landscape designed considering site-specific architectural plans attached as conditions. Appendix D.

Complies with A3.2

Preliminary Approval & Stage 1 PAC

Landscaping and chosen plant species will reflect the environmental conditions present and also the proposed planting locations. These vary between shade tolerant to wind hardy species depending on the intended planting location.

Please refer to the landscape architectural plans attached as Appendix D.

P4 A high standard of landscape A4.1 Landscaping provides Complies with A4.1 design is provided to residential uses. accessible communal open space areas, privacy between other uses Preliminary Approval & Stage 1 PAC and enhances the streetscape Open spaces are located within the character. lower and upper plazas’ as well as adjacent to White’s Shed. Pavement

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linkages between the lower plaza and White’s shed and streetscape are DDA compliant. In addition elevators allow for equitable access between

lower and upper plazas. The design intends to create a series of open spaces which can be used simultaneously with hard and soft buffers between each.

Streetscape to wharf street will

comply with revised Cairns City Centre Master Plan.

Please refer to the landscape architectural plans attached as Appendix D.

A4.2 Where development is Complies with A4.2 accessible to the general public, landscaping is undertaken in Preliminary Approval & Stage 1 PAC accordance with an approved Detailed design will address Landscape Plan. development principles and specific area provisions identified in the code. It will also take into account the CBD landscaping design strategy and palette and be in accordance with the approved Landscape Plan as part of operation works.

Please refer to the landscape architectural plans attached as Appendix D.

P5 A high standard of landscape A5.1 On-site landscaping is Complies with A5.1 design is provided to industrial and designed to provide open space commercial development. areas for the enjoyment of Preliminary Approval & Stage 1 PAC employees, to provide landscaping Useable open space areas for to the frontages of the site and to pedestrian activity are located within provide screening to car parks and the lower and upper plazas’. The other service areas. open space between White’s shed and Wharf Street will also be available for use of employees. Car parking will be screened from the street frontages by planting. A5.2 Where development is accessible to the general public, Please refer to the landscape landscaping is in accordance with an architectural plans attached as approved Landscape Plan. Appendix D.

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Complies with A5.2

Preliminary Approval & Stage 1 PAC

Detailed design will address development principles and specific area provisions identified in the code. It will also take into account the CBD landscaping design strategy and palette and be in accordance with the approved Landscape Plan.

Please refer to the landscape architectural plans attached as Appendix D.

P6 Significant vegetation is retained A6.1 Existing on-site vegetation is Complies with A6.1 where its removal is not required for retained wherever possible. the proposed building. Preliminary Approval & Stage 1 PAC

It is intended that existing screen planting will be retained in the area between Whites shed and Wharf Street. An arborist will be engaged to review the possibility of transplanting

existing trees from the site to alternate locations.

Please refer to the landscape architectural plans attached as Appendix D.

A6.2 Existing trees are protected Complies with A6.2 during construction. Preliminary Approval & Stage 1 PAC

Tree protection will be addressed by the assigned managing contractor.

Please refer to the landscape architectural plans attached as Appendix D.

P7 Landscaping is designed to A7.1 Screen planting is provided in Complies with A7.1 provide a buffer between adjacent accordance with the provisions of the buildings to improve privacy and to FNQROC Development Manual, Preliminary Approval & Stage 1 PAC provide a buffer to the site frontage. and/or Cairns Port Authority’s Screen planting will be utilised to development standards. separate the port and Cruise Terminal from the Entertainment Precinct. It will also be used to screen the Car park from the street

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frontage.

Please refer to the landscape architectural plans attached as Appendix D.

A7.2 Landscaped set back areas to Complies with A7.2 the street frontage are provided in accordance with the provisions Preliminary Approval & Stage 1 PAC of the FNQROC Development Manual and/or Cairns Port There are no minimum set back Authority’s development requirements from Wharf Street. standards.

P8 Landscaping incorporates A8.1 Plant species used in any Complies with A8.1 predominantly local native plant development within the Cityport are species which are suited to the generally those listed in Schedule 1 Preliminary Approval & Stage 1 PAC environmental and climatic conditions of the Landscaping Code. Plant species are agreeable to those of the North Queensland coastal listed in Schedule 1 and also the region. revised Cairns City Centre Master Plan document.

A8.2 Plant selections within the Not applicable to A8.2 Airport and Seaport Areas incorporate native species – some of Preliminary Approval & Stage 1 PAC those species identified in Schedule The proposal does not include the 1 being appropriate. Airport and Seaport areas. A8.3 The introduction of species that Generally complies with A8.3 are not Australian natives is discouraged. Preliminary Approval & Stage 1 PAC

Where Australian native plant species are not available or suitable exotic species will be specified within the understorey planting. Exotic species specified will be consistent with those listed in the Cairns City Centre Master Plan document.

Please refer to the landscape architectural plans attached as Appendix D.

P9 Soil preparation and garden A9 Planting, edging and soil Complies with A9 edging is implemented to provide preparation is in accordance with the every chance of survival of newly provisions of the FNQROC Preliminary Approval & Stage 1 PAC landscaped areas. Development Manual and/or Cairns Soil specification, media preparation Port Authority’s development and planting detail to be in standards. accordance with FNQROC standard

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drawings, where not available planting preparation will conform to Australian standard.

Please refer to the landscape architectural plans attached as Appendix D.

P10 Paving is provided to pedestrian A10.1 Paving is either concrete Complies with A10.1 and mixed vehicle and pedestrian surfacing or concrete/clay pavers. areas to ensure a safe, low Preliminary Approval & Stage 1 PAC maintenance and useable A10.2 Paving incorporates materials Paving will be specified as concrete environment. and colours that complement the development, and are of adequate or stone pavers. strength and in non-slip finishes. Complies with A10.2 A10.3 Paving surfaces avoid Preliminary Approval & Stage 1 PAC directing runoff towards hard surfaces, and instead guide runoff Paving strength and finishes will towards areas of high filtration, as comply with relevant Australian per the requirements of the standards FNQROC Development Manual and/or Cairns Port Authority’s Complies with A10.3 development standards. Preliminary Approval & Stage 1 PAC

Paving surfaces will direct run off into adjacent garden beds and integral pavement drainage systems.

P11 Landscaping is consistent with A11 No acceptable solution Complies with A11. the strategies of the CBD Design provided. The applicant is to provide Palette and the CBD Landscaping a solution which achieves the Preliminary Approval & Stage 1 PAC Strategy. Performance Criteria. Detailed landscape design will incorporate design standards identified in the revised Cairns City Centre Master Plan document.

Car Parking

P12 Exposed car parking and A12 Landscaping in and around Complies with A12 driveway areas are enhanced exposed car parking areas and through the planting of appropriate driveways is designed in accordance Preliminary Approval & Stage 1 PAC vegetation. Landscaping within these with the FNQROC Development Car parking and car park entrances areas is designed to encourage and Manual and/or Cairns Port will have a combination of feature direct pedestrian movement. Authority’s development standards. planting and screen planting to buffer and direct pedestrian usage. Careful consideration will be used in plant selection to improve safety within these areas.

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Please refer to the landscape architectural plans attached as Appendix D.

Buffer Zones

P13 Landscaping of buffers between A13 Screening vegetation is provided Complies with A13. incompatible land uses is of a between adjoining different land suitable width and density to achieve uses, in accordance with the Preliminary Approval & Stage 1 PAC its intended effect and to minimise provisions of the FNQROC Detailed design will address land use conflict. Development Manual and/or Cairns development principles and specific Port Authority’s development area provisions identified in the code. standards. It will also take into account the CBD landscaping design strategy and palette. Buffer planting will be used to separate the port and Cruise Terminal from the Entertainment Precinct.

Please refer to the landscape architectural plans attached as Appendix D.

Safety

P14 Landscape design reduces the A14.1 Landscaping is designed to Complies with A14.1 potential for crime and vandalism. provide visibility along pathways so as to restrict opportunities for Preliminary Approval & Stage 1 PAC concealment. Detailed design will include a CPTED audit to ensure opportunities for concealment are eliminated. A14.2 Security and foot lighting is provided to site entries, driveways, Complies with A14.2 parking areas, building entries and Preliminary Approval & Stage 1 PAC pedestrian ways. Landscape design will be co- ordinated with lighting engineers design to ensure the site is adequately lit.

Maintenance

P15 Landscaping is maintained in A15 Landscaping is sited and Complies with A15. accordance with – designed considering site-specific conditions. Preliminary Approval & Stage 1 PAC the original design intent expressed in the landscaping plan; and Landscaping and chosen plant species will reflect the environmental horticultural industry best practice. conditions present and also the proposed planting locations. These

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vary between shade tolerant to wind hardy species depending on the intended planting location.

Please refer to the landscape architectural plans attached as Appendix D.

CITYPORT LAP – SPECIFIC AREA PROVISIONS

PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE

Design

P1 The Shields Street pedestrian A1.1 A shady pedestrian boulevard is Not Applicable A1.1 spine links the activities of Cityport’s created with the planting of species Marina facilities, the Esplanade, City listed in Schedule 1 of the Landscape This proposal does not include Place and he core activities of the Code specifically for Shields Street. Shields Street. CBD. A1.2 The above planting theme extends to Shields Street, creating a visually distinctive connector between Cityport and the CBD.

P2 Pedestrian boardwalk extends A2 The existing Ficus Benjamina Not Applicable A2.2 from the intersection of The along the Esplanade is Esplanade and Shields Street supplemented by additional plantings This proposal does not include through the Domain to the Reef Fleet of this species. Shields Street & Esplanade Square. Intersection.

P3 Reef Fleet Square functions as a A3 Those species listed in Schedule Not Applicable A3 major public gathering space on the 1 for Reef Fleet Square are planted water’s edge. in the portion of the square not This proposal does not include Reef required for service vehicle and Fleet Sq. minibus access.

P4 Wharf and Lake Streets link the A4.1 Species listed in Schedule 1 for Generally complies with A4.1 CBD with the southern half of the Wharf and Lake Street area are Cityport. used to extend the existing Preliminary Approval & Stage 1 PAC landscaping theme north to Shields Species listed in schedule 1 for Street and South beyond the Cruise Wharf Street will be used. Terminal to the Sheridan Street intersection.

A4.2 Lake Street is developed as a Not Applicable A4.2 major pedestrian route linking City Place with the cruise terminal. This proposal does not include Lake Street. A4.3 A coordinated planting scheme is developed in conjunction with Not Applicable A4.3 Cairns City Council using those

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species listed in Schedule 1 for Lake This proposal does not include Lake Street, to connect City Place with the Street. Gateway Plaza.

P5 View corridors visually and A5.1 The main tree species used for Generally complies with A5.1 physically connect the City centre any planting along Wharf and Lake with the waterfront. Street are those listed in Schedule 1. Preliminary Approval & Stage 1 PAC

Species listed in schedule 1 for Wharf Street will be used.

Generally complies with A5.2 A5.2 Relatively mature trees are planted to provide unobstructed Preliminary Approval & Stage 1 PAC views at eye level through to Trinity A combination of mature trees and Inlet. juvenile trees will be used. Views to Trinity inlet will also be seen from Upper Plaza.

Please refer to the landscape architectural plans attached as Appendix D.

P6 The waterfront promenade is A6 No acceptable solution provided. Not Applicable A6 constructed as a timber boardwalk The applicant is to provide a solution system that runs the length of which achieves the Performance This proposal does not include Cityport. Criteria. Promenade design

Street & Courtyard Lighting

P7 A cohesive lighting strategy is A7.1 Courtyards, pedestrian ways Complies with A7.1 implemented that creates a distinct and awning edges incorporate a and unified character. combination of recessed light (e.g. Preliminary Approval & Stage 1 PAC downlights and wall lights) as well as Landscape design will be co- pole mounted metal halide lights. ordinated with lighting engineers design to ensure the site is adequately lit.

Please refer to the landscape architectural plans attached as Appendix D.

Not Applicable A7.2 A7.2 The boardwalk and other sections of the waterfront This proposal does not include promenade have a continuous Promenade design treatment of bollard lighting, in addition to awning lighting along building edges to create a warm

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white wash.

A7.3 Trees are illuminated by Complies with A7.3 uplighting and garden beds are discreetly lit by a similar quality of in- Preliminary Approval & Stage 1 PAC ground lighting. Landscape design will be co- ordinated with lighting engineers design to ensure the site is adequately lit.

Complies with A7.4

A7.4 Seating areas are lit with high Preliminary Approval & Stage 1 PAC colour rendering >80k warm white light sources, typically 300k. Landscape design will be co- ordinated with lighting engineers design to ensure the site is adequately lit.

Street Furniture

P8 All street furniture elements are of A8.1 Where possible, local materials Complies with A8.1 contemporary design. are used in the manufacture of non- proprietary elements. Preliminary Approval & Stage 1 PAC

Garden beds with integral seating are to use locally sourced stone and will be constructed on site. Street furniture will comply with design intentions noted in Cairns City Centre Master Plan document.

Complies with A8.2 A8.2 Finishes to all metalwork should be black, charcoal or silver. Preliminary Approval & Stage 1 PAC

Finishes to metal work will complement that seen in the wider City Port Environment.

Paving Treatment

P9 Paving is provided to pedestrian A9.1 Paving is either concrete Generally complies with A9.1 and mixed vehicle and pedestrian surfacing or concrete/clay pavers. areas to ensure a safe, low Preliminary Approval & Stage 1 PAC maintenance and useable Paving will be specified as concrete environment. or stone pavers

A9.2 Paving materials and colours Complies with A9.2 complement the development, and are of an adequate strength and in Preliminary Approval & Stage 1 PAC

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non-slip finishes. Paving strength and finishes will comply with relevant Australian standards.

Generally Complies with A9.3-A9.6

A9.3 General paving comprises Preliminary Approval & Stage 1 PAC honed precast concrete slabs 400 x 400, 55 mm with local aggregates Paving materials to be specified at (e.g. Chillagoe marble) laid on a detailed design, it is intended that a mortar bed on a concrete slab. combination of honed, concrete. Sand blasted concrete and stone A9.4 Banding comprises Herberton pavers are used. Granite sets 75 x 75 mm laid on a mortar bed on a concrete slab and Complies with A9.7 grouted. Preliminary Approval & Stage 1 PAC A9.5 External steps comprises honed precast concrete slabs. Paving surfaces will direct run off into adjacent garden beds and integral A9.6 Locally produced paving pavement drainage systems. materials are preferred. Complies with A9.8 A9.7 Paving surfaces should avoid direct runoff towards hard surfaces, Preliminary Approval & Stage 1 PAC and shall instead be guided towards Construction details for paving will areas of high filtration, following the conform to standard drawings found provisions of the FNQROC in FNQROC development manual, Development Manual. where not available Australian A9.8 Paving is constructed in standard construction details will be accordance with the provisions of the used. FNQROC Development Manual.

Public Artwork

P10 Public artwork created by local A10.1 Artists work together with Complies with A10.1 – A10.2 and regional artists, including Torres designers to create site-specific Strait Islander and Pacific Islander artwork rather than by direct Public artwork will be addressed in artists, provides a distinctive purchase or procurement. the detailed design stages of the character and a sense of community project. ownership. A10.2 Public artwork ranges from major (signature) works through to subtle ephemeral works.

A10.3 At least two pieces of artwork Not Applicable A10.3 are placed within Reef Fleet Square. This proposal does not include Reef

Fleet Square. A10.4 Signature works are provided Not Applicable A10.4 at the end of the Shields Street

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pedestrian boulevard. This proposal does not include Shields Street & Esplanade Intersection.

A10.5 Some form of signature Not Applicable A10.5 artwork is included on the Cruise Terminal wharf apron. This proposal does not include cruise terminal wharf apron

Not Applicable A10.6 A10.6 Signature artworks are provided in the courtyards, adjacent This proposal does not include wharf the wharf sheds in Precincts 3 and 5. sheds in Precincts 3 and 5

A10.7 Signature artwork is provided Complies with A10.7 within the public square in Precinct 4. Preliminary Approval & Stage 1 PAC

It is intended that feature seating nodes will incorporate site specific art work.

Awnings

P11 Any pedestrian way covered by A11 A lighting system is provided Complies with A11 an awning is adequately lit. and fully maintained so that there is a minimum of 20 lux at footpath Preliminary Approval & Stage 1 PAC level. Lighting will comply with Ports requirements.

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PARKING CODE

PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE

Location

P1 Car parking areas are located on A1.1 Car parking areas are Complies with P1 the site so they are more convenient conveniently located adjoining the to use than alternative on-street access to new buildings and uses. Preliminary Approval & Stage 1 PAC spaces. A1.2 Within Cityport – A mix of on-site and off-site carparking is proposed on the site. parking areas are provided at the basement and semi-basement level Please refer to section 9 of this of all new buildings; report and Appendix E for justification of proposed carparking. access to parking areas is provided as specified in the precinct, and generally this is via shared pedestrian and vehicle areas or directly from the street;

where car parking spaces are located inside security areas, unrestricted access to visitor spaces is provided.

Design & Layout

P2 Car parking spaces are of an A2 Car parking spaces are designed Complies with A2 adequate area and dimension to in accordance with Australian meet user requirements. Standard AS2890.1–1993. Preliminary Approval & Stage 1 PAC

The proposed carpark has been designed in accordance with Australian Standards. Please refer to the Traffic Report prepared by Arup attached as Appendix E.

P3 Loading and service vehicle areas A3 Service vehicle loading areas are Complies with A3 have an adequate area and designed in accordance with dimension to meet user Australian Standard AS2890.1–1989. Preliminary Approval & Stage 1 PAC requirements. Service vehicle loading areas have been designed in accordance with Australian Standards. Please refer to the Traffic Report prepared by Arup attached as Appendix E.

P4 Provision is made for a A4.1 The proportion of total parking Complies with A4.1 – A4.2 reasonable portion of the total spaces provided for people with number of car parking spaces to disabilities is in accordance with Preliminary Approval & Stage 1 PAC provide disabled access with AS2890.1–1993 C1. Car parking dedicated for persons adequate spaces identified and A4.2 Access to spaces for people with a disability will be provided in

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE reserved for such access. with disabilities is provided in accordance with Australian accordance with AS1428.1 – Standards. Please refer to the Traffic General Requirements for Access: Report prepared by Arup attached as Buildings and AS2890.1 – Car Appendix E. Parking Facilities (Off-Street Parking).

P5 The car parking layout, A5 The design and layout of car Complies with A5 manoeuvring and service areas are parking areas, including car park designed to ensure they are safe, widths, aisle widths and circulation In accordance with the Cairns Plan, convenient and functional. are in accordance with the relevant all car parking areas have been provisions of the FNQROC designed in to comply with AS2890.1 Development Manual or CairnsPlan. for a user class 2 (Long-term city and town centre parking sports facilities, entertainment centres, hotels, motels, airport visitors). In fact the actual design is in excess of the requirements through the provision of wider bays and aisles than required for this user class (2.6m wide bays and 6.2m wide aisles).

On-Site Vehicle Movement

P6 Appropriate circulation A6 Circulation and/or turning areas Complies with A6 arrangements are provided to ensure comply with the relevant all vehicles are able to arrive and requirements of the FNQROC Preliminary Approval & Stage 1 PAC leave the area in forward gear. Development Manual and/or The proposed carpark and service Australian Standards AS2890.–1993 areas have been designed in and AS2890.2–1989. accordance with Australian Standards. Please refer to the Traffic Report prepared by Arup attached as Appendix E.

P7 Circulation systems provide A7.1 Circulation driveways comply Complies with A7.1 – A7.2 adequate and safe access to all with the relevant requirements of the parking, loading/unloading and FNQROC Development Manual Preliminary Approval & Stage 1 PAC manoeuvring areas. and/or Australian Standards The proposed carpark and service AS2890.1–1993 and AS2890.2– areas have been designed in 1989. accordance with Australian A7.2 Queuing areas comply with the Standards. Please refer to the Traffic requirements of Australian Standard Report prepared by Arup attached as AS2890.1–1993 and/or AUSTROAD Appendix E. Guidelines to Traffic Engineering Practice.

P8 On-site driveways, turning areas A8 Vehicle manoeuvring and Complies with A8 and vehicle standing areas are loading/unloading areas – designed, constructed and Preliminary Approval & Stage 1 PAC

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE maintained to an acceptable cater for the minimum service Vehicle manoeuvring and standard. vehicle access requirements for the loading/unloading areas have been use; designed in accordance with Australian Standards. Please refer to are designed in accordance with the the Traffic Report prepared by Arup relevant provisions of AS2890.1 – attached as Appendix E. 1993 and AS2890.2 – 1989;

are adequately sealed;

have gradients in accordance with the FNQROC Development Manual and/or the relevant provisions of AS2890.1-1993 and AS2890.2- 1989; and

drain adequately and in such a way that adjoining downstream land and Trinity Inlet is not adversely affected.

Minimum On-Site Vehicle Parking

P9 Sufficient car parking spaces are A9.1 Within Cityport, except as Complies with P9 provided to accommodate the provided for in A1.3 below, the amount and type of vehicle traffic minimum number of vehicle spaces Preliminary Approval & Stage 1 PAC expected to be generated by any provided for each development is not Please refer to section 9 of this proposed use and by each precinct. less than the number prescribed in report and Appendix E for Schedule 1 to this Code. justification of proposed carparking. A9.2 Within the Seaport and Airport LAPs, except otherwise approved by Cairns Port Authority, the minimum number of vehicle spaces provided for each development is be not less than the number prescribed in Schedule 2 to this Code.

A9.3 Within Cityport a lesser number of spaces than that specified in Schedule 1 may be appropriate where –

cross utilisation and discounting is applicable as set out in Schedule 1; or

considered appropriate by Cairns Port Authority.

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Land & Ecology

P1 Development of sites containing A1 Where a site is listed on the Complies with A1 contaminated land does not result in Environmental Management environmental impacts from the Register or Contaminated Land Preliminary Approval & Stage 1 PAC contamination. Register, all civil and construction The site is identified on the works shall incorporate practices to Queensland Environmental minimise environmental impacts Management Register (EMR) with from the contamination. the following Notifiable Activities:

- Petroleum product or oil storage

- Waste storage, treatment or disposal.

The site is not listed on the Contaminated Land Register (CLR).

An EMP will be in place for civil and construction works to incorporate practices to protect the local environment including full testing of soil and remediation as required.

Please refer to the Sustainability Report prepared by Cundall attached as Appendix I.

P2 Existing mature trees (e.g. large A2 Mature trees and vegetation with Complies with A2 mature fig trees and mature palms) notable aesthetic or environmental and vegetation are retained, reused value shall be retained or relocated Preliminary Approval & Stage 1 PAC or relocated for reuse where possible. The site is currently a brownfield and no trees or notable vegetation is present Additional native trees and vegetation will be provided with the landscaping, improving local habitat and site ecological value.

Please refer to the Sustainability Report prepared by Cundall attached as Appendix I.

P3 Stormwater runoff from hardstand A3.1 Un-polluted stormwater runoff Complies with A3.1 – A3.2 areas is reused where feasible for from paved areas is directed into landscape irrigation or other landscaping, infiltration trenches or Preliminary Approval & Stage 1 PAC purposes. Stormwater treatment is stormwater reuse system. provided where necessary to protect Rainwater tanks capture roof runoff A3.2 In Airport, any polluted for toilets/irrigation. Limited hardstand

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PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE water quality. stormwater runoff from external areas that are not covered (roof or hardstand industrial areas and shading). Landscaping will be extensive car parking areas is designed to optimise infiltration. treated on-site with pollutant interceptors or similar. Analysis will be undertaken to assess whether SWM is required to protect watercourse. Wetland protection plan will be in place during construction to protect watercourse.

Please refer to the Sustainability Report prepared by Cundall attached as Appendix I.

Water

P4 Alternative water supply sources A4 Water supply alternatives as Complies with A4 such as rainwater harvesting systems outlined in the Sustainable are used where feasible to minimise Development Policy are considered Preliminary Approval & Stage 1 PAC consumption of potable mains water where applicable. Water tanks will be provided on the supply. site for irrigation and toilet use.

Please refer to the Sustainability Report prepared by Cundall attached as Appendix I.

P5 Mains potable water consumption A5.1 Minimum 4 star Water Complies with A5.1 – A5.5 is minimised through the installation Efficiency Labelling Scheme rated and use of water conservation fittings tap fittings are installed in basins and Preliminary Approval & Stage 1 PAC and fixtures. sinks. Rainwater tanks will be installed for A5.2 4-star Water Efficiency irrigation and toilet use. Labelling Scheme rated showerheads are installed in High rated WELS fixtures and fittings showers. will be included in the design including the following minimum A5.3 Minimum 4 star Water ratings: Efficiency Labelling Scheme rated dual flush 6/3 litre toilets are - 5 star toilets (3.5 L/flush) installed. - 5 star urinals (0.8 L/flush) - 5 star taps (6 L/min) A5.4 Minimum 4 star Water - 3 star showers (6 L/min) Efficiency Labelling Scheme rated

urinals or waterless urinals are installed. Please refer to the Sustainability Report prepared by Cundall attached A5.5 Additional water conservation as Appendix I. alternatives as outlined in the Sustainable Development Policy are considered where applicable

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P6 Water meters are installed to A6.1 Water metering is installed for Complies with A6.1 – A6.2 monitor water consumption to assist all major uses to enable in water conservation. consumption to be monitored. Preliminary Approval & Stage 1 PAC

A6.2 Additional water use monitoring All major water uses in the alternatives as outlined in the development are separately metered Sustainable Development Policy are and monitored. Water meters are considered where applicable connected to a Building Management Control System that continual monitors water use and provides leak detection.

Please refer to the Sustainability Report prepared by Cundall attached as Appendix I.

P7 Landscape irrigation systems A7.1 Landscape irrigation utilises Not Applicable A7.1 - A7.2 minimise consumption of mains water captured from rainwater potable water supply. harvesting or stormwater reuse Plant selection has incorporated systems. native and drought tolerant plants when possible to reduce the need for OR irrigation. No potable water will be used for irrigation. Rain water will be A7.2 Where landscape irrigation harvested and used for irrigation systems utilise mains potable water, when required. they incorporate timers, soil moisture sensors, sub-surface irrigation and Please refer to the Sustainability other techniques to minimise water Report prepared by Cundall attached wastage. as Appendix I.

P8 Vehicle washing facilities A8.1 Vehicle washing facilities are Not Applicable A8.1 – A8.2 minimise potable water consumption. designed to enable collection, treatment and reuse of runoff water Vehicle washing not anticipated. from vehicle cleaning. External water use will be from rainwater/greywater. A8.2 Vehicle washing facilities incorporate water minimisation techniques.

Energy

P9 Any commercial office component A9 Any commercial office component Not Applicable A9 of developments should achieve an of a development, where energy efficiency rating to assist in incorporated, should be designed to No commercial office space, however minimising greenhouse emissions achieve a certified Australian Building energy efficient lighting and and long term running costs. Greenhouse Rating (ABGR) of a equipment will be installed. The minimum of 4 stars. building will achieve a minimum of 20% improvement on NCC Section J energy efficiency minimum compliance standards.

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P10 Passive thermal design A10.1 Buildings encourage natural Complies with A10.1 – A10.6 principles are incorporated into lighting while avoiding unwanted building design to maximise energy heat gain. Preliminary Approval & Stage 1 PAC efficiency of the heating ventilation and air-conditioning (HVAC) systems. A10.2 External shading devices such The building will be designed for the as eaves and window awnings are tropical climate. Natural ventilation provided as part of the development. (mixed-mode) will be considered where possible in areas such as the A10.3 Light coloured roofs are used foyer. to reduce internal heat gain. The large public outdoor space will A10.4 Where appropriate, high- be designed of plaza and public quality emissivity rated glazing is realm to create micro climate. installed to reduce internal heat gain to air conditioned areas. Natural lighting in the theatre is deemed impractical due to A10.5 Where appropriate, shade performance requirements however trees are planted in front of western the foyer will achieve good levels of and eastern elevations to shade natural light. walls and windows.

A10.6 Where appropriate, buildings Appropriate shading will be provided encourage natural ventilation to facades and outdoor spaces to through design and inclusion of improve comfort. elements such as roof ventilators Please refer to the Sustainability and operable windows. Report prepared by Cundall attached as Appendix I.

P11 Mechanical plant and equipment A11.1 HVAC system is designed, Complies with A11.1 – A11.4 are designed to improve on the commissioned and maintained to requirements of the Building Code of ensure optimal efficiency. Preliminary Approval & Stage 1 PAC Australia (BCA), Section J Energy A high efficient HVAC system will be Efficiency. A11.2 All office appliances and equipment achieve a minimum designed commissioned and Energy Star Rating of 3.5 stars. maintained and improve on NCC Section J Energy Efficiency A11.3 Energy efficient hot water requirements by a minimum of 20%. systems are installed. Energy efficient measures include: A11.4 Additional energy efficiency measures for mechanical plant and - High efficiency water cooler equipment as outlined in the chillers Sustainable Development Policy are - Chiller water storage system considered where applicable. - Allowances for mixed mode in appropriate weather conditions. All office appliances and equipment achieve a minimum Energy Star Rating of 3.5 stars.

Please refer to the Sustainability

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Report prepared by Cundall attached as Appendix I.

P12 Electrical lighting is energy A12.1 All lighting is designed to be Complies with A12.1 – A12.4 efficient and improves on the energy energy efficient through use of efficiency requirements required by energy efficient fittings and / or Preliminary Approval & Stage 1 PAC the Building Code of Australia (BCA). incorporation of lighting control Lighting will be efficient and improve systems. Such systems may include on minimum NCC Section J dimmers, sensors and timers to turn compliance requirements. Lighting lighting off automatically when not will be energy efficient and not required. overdesigned. Lighting will be flicker A12.2 Electrical lighting layout is free and not exceed 25% about designed to work efficiently with relevant lighting standards natural lighting. This may include AS1680.2.1 2006/8. Energy Efficient reduced lighting or light sensors to lighting including T5’s and LEDs are control electric lighting at glazed included in the lighting design. building perimeters where ample Lighting will be zoned appropriately natural lighting is provided. so that unused areas can be switched off and automatically A12.3 Lighting layout is designed in dimmed in areas where good daylight zones related to building occupancy is available. and use. Please refer to the Sustainability This provides improved flexibility for Report prepared by Cundall attached light switching, making it easier to as Appendix I. light only occupied areas.

A12.4 Additional energy efficiency measures for lighting as outlined in the Sustainable Development Policy are considered where applicable.

P13 Water heating is energy efficient. A13 Additional energy efficiency Complies with A13 measures for water heating as outlined in the Sustainable Preliminary Approval & Stage 1 PAC Development Policy are considered Heat pumps will be used for energy where applicable. efficient hot water for the development.

Please refer to the Sustainability Report prepared by Cundall attached as Appendix I.

P14 Natural lighting is provided A14 Natural lighting devices such as Not Applicable A14 where possible. skylights or translucent roof sheeting are used where appropriate to admit Natural light is not appropriate for the light without heat. main theatre area due to the acoustic and lighting requirements of this area particularly as it is most commonly used at night. Large glazed windows

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allow excellent daylight in the foyer area outside the theatre.

P15 Energy meters are installed to A15.1 Energy metering is installed Complies with A15.1 – A15.2 enable monitoring of energy use. for all major uses. This enables consumption to be monitored and Preliminary Approval & Stage 1 PAC energy reduction targets to be Energy monitoring of all major uses is established and tested. included in the design of the precinct. A15.2 Additional energy metering A BMS will be provided to monitor measures as outlined in the water and energy consumption and Sustainable Development Policy are display this information publicly. considered where applicable. Please refer to the Sustainability Report prepared by Cundall attached as Appendix I.

Waste

P16 Waste management principles A16.1 Waste management facilities, Complies with A16.1 – A16.2 are addressed by the development to including a recycling area of an minimise waste to landfill. appropriate size for the development Preliminary Approval & Stage 1 PAC are provided and are indicated on The public areas will be supplied with plans. The facilities are easily well-marked recycling bins. The accessible by building users and the theatre will have recycling facilities. required service vehicles. Please refer to the Sustainability A16.2 Additional waste reduction Report prepared by Cundall attached and management measures as as Appendix I. outlined in the Sustainable Development Policy are considered

where applicable.

Building Materials

P17 Where feasible, timber is A17.1 Timber is sourced from Complies with A17.1 sourced from certified plantations or plantations that have certified from recycled supplies to reduce environmentally responsible forest Preliminary Approval & Stage 1 PAC destruction of rainforests and old management practices, e.g. Forest Timber used within the precinct will growth forests. Stewardship Council (FSC), be reused or sourced from Plantation Timber Certification plantations that have certified (PTC). environmentally responsible forest AND/OR management practices when suitable stock is available. Preference will A17.2 Timber is sourced from post also be given to locally sourced consumer, reused timber supplies. material.

Please refer to the Sustainability Report prepared by Cundall attached as Appendix I.

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P18 Where possible, PVC drainage A18 High Density Poly Ethylene Complies with A18 products are avoided. (HDPE) waste water pipes are specified in place of PVC. Preliminary Approval & Stage 1 PAC

HDPE will be specified in lieu of PVC for drainage where possible. Alternatively PVC that meets the Best Practice Guidelines for PVC in the built environment will be used.

Please refer to the Sustainability Report prepared by Cundall attached as Appendix I.

Indoor Environment Quality

P19 A high standard of indoor air A19.1 Products and materials with Complies with A19.1 – A19.2 quality is achieved and maintained in low or no Volatile Organic enclosed buildings that are occupied Compounds are specified. At a Preliminary Approval & Stage 1 PAC for extended lengths of time (offices, minimum, this should include floor residential, retail, hospitality, tourism and paint finishes. The Stage 1 PAC is not considered etc) to ensure occupant health. to be occupied for extended lengths A19.2 A high level of ventilation with of time however does not fall under clean outside air is provided through this requirement, however low VOC natural and/or mechanical ventilation products will be specified and fresh systems. air will be provided above minimum requirements. Natural and Mechanical ventilation will be utilised in the existing heritage building (White’s shed). Provision will also be made for the foyer of the theatre to be able to operate in a naturally of mechanically ventilated mode.

Outside air rates of 50% better than AS 1668-2-1991 are targeted throughout the site when there is no significant reduction in energy efficiency.

Please refer to the Sustainability Report prepared by Cundall attached as Appendix I.

Transport

P20 The development encourages A20 Cyclist facilities including secure Complies with A20 occupants to use non-motorised bike storage, showers, change forms of transport such as cycling rooms and lockers are provided for a Preliminary Approval & Stage 1 PAC and walking. minimum of 3% of building Cyclist facilities including secure bike storage, showers, change rooms and

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occupants. lockers will be provided for a minimum of 3% of theatre staff. Additional visitor bike parking will be provided in an easily accessible area to encourage environmentally friendly transport between the site and the wider Cairns CBD.

Please refer to the Sustainability Report prepared by Cundall attached as Appendix I.

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TRAFFIC AND ACCESS PLANNING CODE

PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE

Precinct Access

P1 A series of new roads and A1.1 The road network for Cityport is Complies with P1 accesses are provided within Cityport developed as depicted on Cityport to improve the internal access. LAP Plan 5: Road Network. Preliminary Approval & Stage 1 PAC

The CEP is intended to be a highly pedestrianized precinct.

The proposal incorporates a public plaza through the centre of the site instead of a road as intended on Plan 5. This will allow the site to establish as a true community precinct that

encourages community interaction and engagement and provides opportunities for outdoor recreation. The pedestrian plaza will also provide a link between the buildings on the

site, connecting/uniting them at ground level to enhance the overall ‘precinct’ feel of the site. The public plaza will flow out to Wharf Street and link with the existing pedestrian network.

In accordance with P1, the proposal seeks to realign the existing southern

access road, moving its intersection with the Ports service Road further south by approximately 5m. The design of this road has been completed in consultation with Ports

North and their concerns have been addressed in the design.

The realignment of the road is necessary to accommodate the Performing Arts Centre on the site. The realignment will result in the road running along the southern boundary of the site, adjacent the Performing

Arts Centre. This will allow the Performing Arts Centre to be accessed from the rear.

Please refer to the traffic report prepared by Arup attached as Appendix E. A1.2 Spence Street is extended to

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provide the main access to the Pier, Not Applicable A1.2 the Central Marina, the Esplanade, the Esplanade Project car park, Reef The site does not include Spence Fleet Terminal, Reef Fleet Square, Street. Marlin Wharf and Precinct 10.

A1.3 The road north of Precinct 8 is

upgraded to provide access to the Hilton Hotel, Precinct 10, the Not Applicable A1.3 proposed wharf south of the existing Marlin Wharf and the waterfront This road is not located in or adjacent promenade. to the site.

A1.4 The following access roads are created — Complies with P1 between Precincts 6 & 7 to provide Preliminary Approval & Stage 1 PAC access to these precincts, the proposed new wharf and the In order to facilitate the CEP, it is waterfront promenade; proposed to realign the Southern Ports Access Road slightly, moving an extension to Abbott Street its intersection with the Ports service between Precincts 5 & 6 to provide Road further south by approximately access to these precincts; and 5m. The design of this road has been at the southern end of Precinct 3 to completed in consultation with Ports provide access to this precinct. North and their concerns have been addressed in the design.

The realignment of the road is necessary to accommodate the Performing Arts Centre on the site.

The realignment will result in the road running along the southern boundary of the site, adjacent the Performing Arts Centre. This will allow the Performing Arts Centre to be accessed from the rear.

Please refer to the traffic report prepared by Arup attached as

Appendix E. A1.5 The part of Wharf Street Not Applicable A1.5 located to the south of the intersection with Abbott Street is This portion of Wharf Street is not upgraded to a divided four lane located adjacent the site. standard to provide a suitable southern entrance to Cityport.

Roadway Standards

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P2 New roadways are appropriately A2.1 The extension to Spence Street Not Applicable A2.1 designed to handle the anticipated is constructed as a four lane divided vehicle movements. road to the Reef Fleet Terminal. This Spence Street is not a part of the extension continues as a two-lane site. road beyond the Reef Fleet Terminal

to service The Pier, the Esplanade car park, the marina and marina car park areas. Not Applicable A2.2 A2.2 Traffic between The Pier and the central marina is restricted to The site is not located adjacent The service vehicles only. The roadway Pier or the central marina. will be one way with associated set Complies with A2.3 down areas. Preliminary Approval & Stage 1 PAC A2.3 All other access roads are constructed to a two-lane standard The southern access road proposed with separate adjoining pedestrian along the southern boundary of the paths so as to accommodate minor site will be constructed in accordance traffic flows. with Council requirements.

Please refer to the traffic report prepared by Arup attached as Appendix E.

Parking and Set Down Areas

P3 Each precinct is adequately A3.1 On-site car parking and the Complies with P3 services with appropriate car parking design of these areas is in and set down areas. accordance with the Parking Code. Preliminary Approval & Stage 1 PAC

Please refer to section 9 of this report and the Traffic Report prepared by Arup attached as Appendix E for details of proposed carparking.

Not Applicable A3.2

A3.2 The following set down areas The site does not incorporate any of are provided — the landmarks listed. a passenger set down area will be provided at the Reef Fleet Square;

existing passenger set down areas at The Pier shall be maintained;

a passenger set down area is to be provided between The Pier and the central marina area; and

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a set down area will be provided along the access road servicing the cruise line terminal. Complies with A3.3

A3.3 The following car parking areas Preliminary Approval & Stage 1 PAC are provided – Please refer to section 9 of this a marina car park shall be provided report for justification of to the north of The Pier; carparking.

a car park shall be provided to service the marina facilities

adjacent to the central marina;

car parking shall be provided along the access road to the Hilton Hotel;

car parking shall be provided along Wharf Street;

car parking shall be provided on- site for those developments in Precincts 2, 4, 5, 6, 7, 10 and 12;

the parking station located to the

south of The Pier will be removed as part of the Reef Fleet Square development; and

interim parking arrangements will need to be provided as the various stages of development occur.

A3.4 Bus parking is provided – Complies with A3.4 along Spence Street, the marina access road and in the Reef Fleet Preliminary Approval & Stage 1 PAC Square to service the Reef Fleet Bus parking/setdown is provided Terminal; and along Wharf Street. in Precinct 3 and on the adjacent Please refer to the Traffic Report wharf to service the cruise liner prepared by Arup for details on bus terminal. parking.

Design

P4 Pedestrian and vehicle access is A4 Vehicle and pedestrian pathways Complies with A4 of a design and standard which is are designed to include those consistent with adjoining areas. characteristics outlined in Schedule Preliminary Approval & Stage 1 PAC 1 to this Code and/or Cairns Port Pedestrian pathways along Wharf St Authority’s development standards. have been designed in accordance

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with Schedule 1 to match the required landscape character.

WORKS, SERVICES & INFRASTRUCTURE CODE

PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS CODE RESPONSE

General

P1 Land is adequately serviced with A1 All land is provided with Complies with A1 water, waste disposal, reticulated water, sewerage, telecommunications and energy. electricity and telephone services Preliminary Approval & Stage 1 PAC and gas services where applicable. The land will be provided with the required services. Please refer to the drawings contained within the Civil Engineering report prepared by Cardno attached as Appendix E.

P2 Land is provided with internal and A2.1 Internal and external Complies with A2.1 – A2.2 external drainage to an appropriate stormwater management is designed standard to minimise runoff and in accordance with the FNQROC Preliminary Approval & Stage 1 PAC impacts on receiving waters. Development Manual and is to be Refer application drawings indicating consistent with the requirements of roof water collection to rain Cairns Port Authority. harvesting systems. All other roof A2.2 Open paved areas for the and pedestrian areas will be drained storage or operation of mobile to FNQROC requirements. equipment incorporates a system to Loading dock and waste removal prevent contaminants or spillage areas will have water quality devices entering the stormwater system. installed into stormwater lines discharging to the sea.

Please refer to the Civil Report prepared by Cardno attached as Appendix E.

P3 Engineering standards for land A3.1 Engineering infrastructure & Complies with A3.1 – A3.3 based development components services are designed and meet or exceed those standards set constructed in accordance with the Preliminary Approval & Stage 1 PAC in the FNQROC Development FNQROC Development Manual as Engineering infrastructure and Manual. required by Cairns Port Authority. services will be designed in A3.2 The relevant service authority accordance with FNQROC and Ports is contacted to ascertain standards North requirements. applicable to the provision of power Refer to the Civil Engineering report and telecommunications. prepared by Cardno attached as A3.3 The standards adopted for Appendix E. aviation and marine based

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components and infrastructure is consistent with the requirements of Cairns Port Authority.

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Appendix C Architectural Plans prepared by CA Cox Rayner

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Appendix D Landscape Plans prepared by Tract

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Appendix E Traffic Report prepared by Arup

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Appendix F Civil Report prepared by Cardno

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Appendix G Acoustic Report prepared by Acoustic Studio

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Appendix H Heritage Report prepared by Converge

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Appendix I Sustainability Statement prepared by Cundall

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Appendix J Geotechnical Report

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Appendix K Maritime Report prepared by Cardno

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Appendix L Construction Management Report Plan

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Appendix M Electrical Report prepared by Steensen Varming

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Appendix N Title Searches

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Appendix O Proposed Lease Area

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Appendix P State Resource Entitlement and General Authority

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Appendix Q Aboriginal Cultural Heritage Search Results

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Appendix R Hydraulic Advice

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Appendix S Certification Advice

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Appendix T Wind Impact Advice

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Appendix U Wetland Management Plan

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Appendix V CEP Business Case

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Appendix W Cityport Infrastructure Agreement

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