Cairns City Council Planning, Development & Community

CAIRNS CITY COUNCIL

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE

17 APRIL 2001

TABLE OF CONTENTS

1. MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – LOT 1 LITTLE MULGRAVE ROAD – LITTLE MULGRAVE...... 1 Neil Blamey MKH: 8/8/192 : 280221

2. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – EXTRACTIVE INDUSTRY – BRAMSTON BEACH ROAD, VIA MIRIWINNI ...... 13 Neil Beck : 8/8/248-01 : 281458

3. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) –CHANGE OF LAND USE TO LOW DENSITY RESIDENTIAL – LOT 2 GILLIES HIGHWAY, GORDONVALE ...... 27 Neil Beck : 8/8/202-01 : 281463

4. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) HOLIDAY LETTING AND SALES OFFICE – LOT 6/49-51 VASEY ESPLANADE, TRINITY BEACH .35 NEIL BLAMEY: 8/8/253 : 279394

5. NEGOTIATED DECISION – RECONFIGURING A LOT – CREATE TWO LOTS – 13-15 TOOHEY STREET, PORTSMITH...... 42 Jenny Elphinstone : 8/13/378 : 282122

6. COMBINED APPLICATION - MATERIAL CHANGE OF USE – CHANGE THE USE OF LAND FROM RURAL TO RESIDENTIAL 1 & RECONFIGURING A LOT – 3 LOTS – CAPTAIN COOK HIGHWAY, PALM COVE ...... 48 Neil Beck : 8/30/15-01 : 281460

7. RELAXATION OF A PLANNING SCHEME REQUIREMENT – CAR PARKING DISPENSATION – 33-63 ALFRED STREET MANUNDA ...... 58 Belinda Jackson: 8/20/1-54 : 284868

8. APPLICATION FOR A RELAXATION OF A PLANNING SCHEME PROVISION – CARPARKING & SETBACK REQUIREMENTS – HOSTEL (MEDIUM DENSITY) 23-25 MARANOA STREET ...... 63 Julie Cardiff:CLP : 8/20/1-56 : 282889

9. COMMUNITY DEVELOPMENT MONTHLY REPORT ...... 71 Leslie Sparkes:KG : 1/58/10-01: #281647

Planning, Development & Community Services Committee – 17/4/2001 2

10. ANGUS & ROBERTSON BOOKWORLD STOCKLAND EARLVILLE – LIBRARY MEMBER PROMOTION ...... 82 Kass Gardiner : 1/58/10-01: 276433

11. LIBRARY SERVICE – INTERNET CHARGING FOR NON MEMBERS AT THE CITY LIBRARY ...... 85 Kass Gardiner: gal : 1/53/1-03: 283110

12. SCENIC RESERVE LOT 232 NR 1418 – BRUCE HIGHWAY – BELLENDEN KER ...... 90 S Keane 19/3/2-15-: 280203

13. LEASE RENEWAL – COUNCIL FREEHOLD PART LOT 1 ON RP702955- BABINDA – LESSEESS – S & C NUCIFORA ...... 95 S Keane : 19/3/3-28: 282723

14. CONVERSION OF SPECIAL LEASE 09/47106 . LOT 1 & 2 ON PLAN K8675 - YARRABAH ROAD – TOWN OF KOOMBAL - LESSEE: BAMA NGAPPI NGAPPI ABORGINAL CORPORATION...... 99 S Keane : 19/3/3-28: 277286

15. PROPOSAL TO ACQUIRE LOT 753 ON NR 5991 AND LOT 38 ON USL 20926104 Allan Simpson:vk : 19/1/2-08: #284997

16. TRANSFER OF TERM LEASE OVER LOT 1 ON CP 904537 – BEING PART OF STRATFORD WORKS DEPOT FROM VODAFONE PTY LTD TO CROWN CASTLE PTY. LTD...... 108 Allan Simpson:vk : 19/3/3-8: #284618

17. EXTINGUISHMENT OF EASEMENT B ON RP 735843 – APLIN STREET, CAIRNS...... 111 Allan Simpson:vk : 8/13/305-01: #285228

18. LEASE TO BAYVIEW HEIGHTS GIRL GUIDES ...... 119 Allan Simpson:vk : 19/3/3-29: #284494

19. SUB-LETTING PART OF LOT 732 ON NR 7518 - RESERVE 1943 – RESERVE FOR LOCAL GOVERNMENT (CHILD CARE CENTRE) – FORMERLY WINDARRA DAY CARE...... 124 Allan Simpson:vk : 19/3/3-29: #284443

20. POWERLINK QUEENSLAND ACCESS AND EASEMENT REQUIREMENTS - KAMERUNGA – CAIRNS TRANSMISSION LINE - CHALUMBIN – WOREE TRANSMISSION LINE ...... 128 Allan Simpson:vk : 19/1/2-08: #284917

Planning, Development & Community Services Committee – 17/4/2001 3

21. PROPOSED PERMANENT ROAD CLOSURE & AMENDMENT OF RESERVE R2202 – PARK & RECREATION – STONEY CREEK ROAD – KAMERUNGA- APPLICANT: TA & SJ LONG ...... 131 S Keane : 15/7/1-03: 275018

22. SALE OR LEASE OF LAND – LOT 36 RP804194 (29M²) – DOUGLAS TRACK ROAD- KAMERUNGA...... 138 S Keane : 19/3/3-28: 281918

23. REDUCTION OF ROAD MAINTENANCE CONTRIBUTIONS MOUNT PETER QUARRIES PTY LTD...... 144 Mark Dillon: 13/16/1 : 283126

24. INFORMATION REQUEST FROM THE LIQUOR LICENSING DIVISION FOR CAIRNS AND DISTRICT RUGBY UNION INC. 53-75 BUCHAN STREET, PORTSMITH – APPLICATION FOR A RESTRICTED CLUB PERMIT...... 147 Clayton Oostergo: 18/46/1-78 : 281173

25. INFORMATION REQUEST FROM THE LIQUOR LICENSING DIVISION CORAL TREE INN 166-172 GRAFTON STREET, CAIRNS – AMENDED APPLICATION FOR A RESIDENTIAL LICENCE...... 152 Clayton Oostergo: 18/46/1-78 : 281545

26. INFORMATION REQUEST FROM THE LIQUOR LICENSING DIVISION FOR THE CAIRNS COURT HOUSE 38 - 40 ABBOTT STREET – VARIATION OF EXISTING LICENCE – TO ALLOW AMPLIFIED ENTERTAINMENT / MUSIC TO BE CONDUCTED OUTSIDE THE PREMISES AND TO ALLOW OUTSIDE MOVIE PROJECTION ...... 161 Clayton Oostergo: 18/46/1-79 : 284729

27. INFORMATION REQUEST FROM THE LIQUOR LICENSING DIVISION FOR RAINTREES TAVERN 33-43 ALFRED STREET – VARIATION OF EXISTING LICENCE – TO ALLOW AMPLIFIED MUSIC TO BE PLAYED IN THE COURTYARD OF THE TAVERN ...... 167 Clayton Oostergo: 18/46/1-78 : 280829

28. CARAVAN PARKS AND CAMPING AMENDMENT LOCAL LAW AND SUBORDINATE LOCAL LAW ...... 172 T.Davidson : 18/67/1-03: #285410

29. DELEGATIONS TO CHIEF EXECUTIVE OFFICER UNDER THE CARAVAN PARKS AND CAMPING LOCAL LAW...... 194 Terry Davidson: 18/67/1-03: #285402

30. RENTAL ACCOMMODATION AMENDMENT LOCAL LAW (NO. 1) 2001 AND SUBORDINATE LOCAL LAW NO. 8 (RENTAL ACCOMMODATION) 2001 ....196 T. Davidson : 18/67/1-03: #285397

Planning, Development & Community Services Committee – 17/4/2001 4

31. ENVIRONMENTAL ASSESSMENT QUARTERLY REPORT FOR JANUARY, FEBRUARY, MARCH 2001...... 260 Terry Davidson : 1/58/10-01: #284531

32. TRAFFIC MANAGEMENT...... 264 G Underwood:NMW : 8/23/2-05: 275554

33. PLANNING SCHEME AMENDMENT : SETBACK REQUIREMENTS FOR EXISTING BUILDINGS...... 267 L.Kirchner : 04 - 8/26/4: 283125

34. SUSTAINABLE INDUSTRIES INITIATIVE...... 273 Kylie Carman-Brown:NMW : 1/58/1-03: 285014

35. STRATEGIC PLANNING MONTHLY REPORT FOR MARCH 2001 ...... 297 Deborah Wellington: 1/58/1-03: 283926

36. FAR NORTH BUILDING CERTIFICATION – REPORT FOR PERIOD ENDING 28 MARCH 2001...... 300 Nigel Daniels : 12/2/3-03 : 283924

37. EMERGENT GRANT REQUESTS ...... 305 Elizabeth V. Brown:EB : 10/25/1-02: 284014

38. MONTHLY REPORT TO COUNCIL – CITY ASSESSMENT...... 308 Brendan Nelson:mkh: 1/59/2 : 280932

39. COMPENSATION CLAIMS & PLANNING APPEALS ...... 326 Sue Shearer: 8/20/1 : 199233

Planning, Development & Community Services Committee – 17/4/2001 1

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 1 17 APRIL 2001

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – LOT 1 LITTLE MULGRAVE ROAD – LITTLE MULGRAVE

Neil Blamey MKH: 8/8/192 : 280221

PROPOSAL: OUTDOOR ENTERTAINMENT – MOUNTAIN BIKE PARK

APPLICANT: D J FOLEY & L N FOLEY P O BOX 632E EARLVILLE Q 4870

LOCATION: LOT 1 LITTLE MULGRAVE RD LITTLE MULGRAVE

PROPERTY: LOT 1 ON SP117594, PARISH OF GRAFTON

ZONE: RURAL

STRATEGIC PLAN: RURAL/RURAL CONSTRAINED

DCP: DCP4 – HILLSLOPE A AND B CONSTRAINED

NUMBER OF SUBMITTERS: 6

STATUTORY ASSESSMENT DEADLINE: 19 MARCH 2001

DIVISION: 1

APPENDIX: 1. SITE LAYOUT PLAN

LOCALITY PLAN

RECOMMENDATION

A. That Council approve the Application for Material Change of Use – Impact Assessment for the development of an Outdoor Entertainment (Mountain Bike Park) on land described as Lot 1 on SP117594 Parish of Grafton, located at Lot 1 Beryl Ann Drive, Little Mulgrave subject to the following conditions:-

Assessment Manager Conditions

1. The Outdoor Entertainment is to be developed and operated in accordance with the amended plans No 1 Issue B as submitted with the amended application dated 30 October 2000 and 10 December 2000, specifications, facts, and circumstances as set out in the modified 30 October 2000 and 10 December 2000 application submitted to Council, except as modified by the following conditions.

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

Car parking and Access Requirements

3. Twenty (20) Car parking spaces are to be provided onsite. The carparking layout must be designed in accordance with Australian Standard AS2890.1 1993 Parking Facilities - off street carparking, except as varied with the consent of the Chief Executive Officer.

Carparking areas, driveways and vehicular manoeuvring areas are to be constructed in accordance with the Approved Plan and with Council’s Development Manual prior to the commencement of the use and must be maintained at all times to the satisfaction of the Chief Executive Officer.

4. The applicant shall provide a sign at the entry of the property to the satisfaction of the Chief Executive Officer, advising of the location of the off-street carparking area and access thereto. Details of the sign shall be submitted before the commencement of use.

5. Any overflow carparking area shall be set back a minimum of 15 metres from the front property boundary and a minimum of 30 metres from the side property boundary. No carparking is permitted on Beryl Ann Drive. All vehicular access to Lot 1 SP117594 is to be gained via Beryl Ann Drive.

6. The Outdoor Entertainment shall involve a maximum of 30 participants on-site at any one time; additionally no more than four local events of three hour maximum duration shall be held on-site per year and no State or National events shall occur on-site unless previously approved by Council, all to the satisfaction of the Chief Executive Officer.

Landscaping

7. The applicant/owner must landscape Lot 1 SP117594 in accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted and endorsed by the Chief Executive Officer prior to the commencement of the use. In particular, the plan must show:

a. the retention of as many existing native trees and shrubs as possible; b. landscaping of all indicated setback areas as shown on the submitted amended plan dated 10 December 2000. The applicant/owner must landscape with a row of screening trees the length of the western and northwestern boundary of the part of Lot 1 SP117594 located in the general vicinity of Beryl Ann Drive; c. stabilisation of all cut and fill batters and winch/tow disturbed areas; and d. a vegetated separation buffer between bike tracks and the adjacent properties.

8. All existing creek systems and drainage areas are to be left in their current state. There is to be no channel alterations and no removal of vegetation unless approved in writing by the Chief Executive Officer.

Health

9. All refuse resulting from the Outdoor Entertainment use on the site is to be removed from the site and any waste containers must be maintained at all times to the satisfaction of the Chief Executive Officer.

10. Noise must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance.

11. The applicant shall ensure that on completion of any on-site construction works the subject land will be maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer.

12 Toilet facilities shall be provided in an appropriate location. If the toilet facilities are permanent and involve on-site disposal then the applicant must demonstrate to the satisfaction of the Chief Executive Officer how the proposal complies with the Interim Code Of Practice for On-Site Sewerage Facilities. Further, if the on-site disposal has a capacity of involves twenty- one (21) or more equivalent persons, an application will be required to the Environmental Protection Agency for Material Change of Use as an environmentally relevant activity.

Engineering Conditions

13. The subject land must be drained to the natural drainage system for the site such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

14. Soil and Water Management (Erosion Control) Plans in accordance with Council’s Development Manual must be submitted to and endorsed by the Chief Executive Officer and implemented in accordance with the Development Manual prior to the commencement of use.

15. The applicant/owner must construct gravelled formed and drained internal access roads and parking to the satisfaction of the Chief Executive Officer so as to provide adequate access for vehicles.

Three (3) copies of plan of the works must be submitted a the time of lodgement of a development permit for the carrying out of operational work and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for the carrying out of Operational Works. Such works must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer, prior to the commencement of the use.

16. At all times, the applicant/owner must ensure dust suppression measures are undertaken for the site to ensure that any unsealed areas do not create a dust nuisance to surrounding areas to the satisfaction of the Chief Executive Officer .

Miscellaneous

17. The bus located on site shall be relocated to the vicinity of the main carpark area prior to the commencement of the use.

18. The proposed colour scheme for the proposed lift structure shall conform with Council’s Hillslope Category B requirements to Council’s satisfaction.

19. Any earthworks required to construct bike trails or vehicular access tracks shall conform with Council’s Hillslopes Development Control Plan Category B requirements and a further application for Operational Works shall be submitted to Council if the scale of proposed earthworks triggers such an application.

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

21. The use shall be conducted only between 9.00am and 6.00pm Monday to Sunday.

22. No camping is permitted on-site.

23. Any necessary permits/approvals required for works crossing the existing creeks or bore licences shall be obtained from the Department of Natural Resources prior to the commencement of use.

B. That Council advise the Applicant that the Approval does not have effect until the full application fee has been paid.

ADVICE

1. Note that this approval granted under the provision of the Integrated Planning Act must cease and determine four (4) years from the date of issue of the Development Permit unless the use is substantially commenced and all conditions complied with to the satisfaction of the Chief Executive Officer.

2. Signs on the land must conform with Council's Local Laws - Signs & Advertisements. All signage in respect of the approved development must obtain the necessary approvals pursuant to Local Law 28. Council’s Development Assessment Section has administrative responsibility for this matter.

3. The provisions of the Integrated Planning Act, the Building Act, the Fire Safety Act, the Health Act, the Food Act 1981, the Disability Discrimination Act (Commonwealth) and the Anti Discrimination Act and all other relevant Acts and Regulations and the Local Laws of the Council from time to time must at all times be observed and performed in relation to the land, the building and the use and occupation thereof.

Note that licensing under the Food Hygiene Regulations 1989 will be required if there is any commercial activity involving the preparation of foodstuffs.

4. Car pooling arrangements are to be encouraged where possible to access the site.

5. The applicant shall consider entering into a Land Management Agreement with Council over the vegetated part of Lot 1.

6. A Fire Prevention Strategy shall be considered for Lot 1 in conjunction with Queensland Fire and Rescue prior to the commencement of the use. An emergency evacuation plan should also be developed in conjunction with Queensland Fire and Rescue.

BACKGROUND

Council may recall that this report was presented to Council’s Planning, Development and Community Services Committee Meeting on 13 March 2001, where Council resolved to defer a decision pending a site inspection by Councillors. An inspection of the site by Councillors was conducted on 27 March 2001.

Consequently, the report is resubmitted to Council for its consideration.

EXECUTIVE SUMMARY

Application has been made for an Outdoor Entertainment (Mountain Bike Park) to be located at Beryl Ann Drive in the Little Mulgrave Valley. Submissions from nearby residents in Beryl Ann Drive were received in relation to the proposal. Conditions of approval address issues raised by submitters, particularly in relation to access to the site via Beryl Ann Drive. The proposal generally meets the requirements of the Planning Scheme and is recommended for approval.

TOWN PLANNING CONSIDERATIONS

Proposal

The applicants seek to establish an Outdoor Entertainment (Mountain Bike Park) within the subject site as indicated in Appendix 1. The subject site is currently improved by a dwelling house located at the end of Beryl Ann Drive. On-going rural activities include a horse agistment, proposed tropical fruit growing and forestry tree planting.

The proposed development includes the provision of :

1. A barbeque area for visitors; 2. A campsite for volunteers – trail maintenance; 3. Minibus Shuttle bus (16 seater) transfers to the site for tours and events from the mountain view hotel area; 4. 20 customer carparks; 5. Local Racing comprising four three hour events per year (30 persons max); 6. A downhill bike course & winch / tow system; 7. A trials course; 8. A cross-country course; 9. Ancillary Environmental / education group activities, Triathlons, Cairns MTB Club activities, Nature activities; and 10. Guided mountain biking half day nature based tours – 3-4 times a week (16 seat minibus).

Strategic Plan/Land Zoning/DCP

The subject site is indicated as Rural and Rural Constrained in the Strategic Plan for Hillslopes DCP constrained reasons. The subject site is zoned Rural with surrounding land uses being for Low Density Residential and Rural uses. The intent of the Rural zone envisages that outdoor entertainment (mountain bike park), may be permitted in appropriate locations subject to development criteria which will ensure a satisfactory form of development compatible with surrounding land uses. As conditions have been imposed to control the impact on the Hillslopes Development Control Plan Category B areas, the resultant impact of the proposed development is considered to be acceptable.

CAR PARKING REQUIREMENTS

The Planning Scheme requires that appropriate car parking be provided as determined by Council. The proposed Outdoor Entertainment is expected to generate a theoretical demand for 20 car parking spaces. A minibus will transport some participants and spectators to the site on local event racing days, however the majority will travel to the site in private vehicles.

Under these circumstances the 20 car parking spaces proposed to be provided onsite in the amended location remote from neighbours as proposed are considered satisfactory to service the proposed Outdoor Entertainment. Provision is made for some overflow carparking when required on a grassed area distant from neighbouring residential properties.

Impact of Proposal

The proposed development is expected to have minimal impact provided that the recommended conditions are adhered to. Submitters concerns where relevant have been addressed in these conditions.

The subject site adjoins the Wet Tropics area. The application has been deemed minor in nature in accordance with Instrument of Delegation 2 dated 2 December 1999, and consequently no Referral Coordination was required.

Public Notification/Submissions

Public Notification was originally undertaken in June and July 2000 with 7 submissions being received together with a petition containing 74 signatures. The Applicant then decided to change the application and downscaled the proposed development.

The later public notification period ended on 27 November 2000 and a total of 6 (six) submissions were received in response to the public notification of the proposal. Concerns raised by submitters are summarised below:

Noise: Submitters are concerned that music, spectator, machinery and public address system noise from the proposed Outdoor Entertainment will adversely affect residential amenity. Heavy farm machinery noise is not common place in the area.

Comment: Separation distances as provided in the revised proposal will create a significant buffer to adjoining residences. A condition has been included to restrict the amount of noise emanating from the site.

Traffic: Increased volume of traffic will create a dangerous situation at the intersection of Little Mulgrave road and Gillies Highway.

Comment: The expected increase in traffic is not considered to be of a degree or frequency that is of concern.

Access: Concern is raised by some submitters that access to the proposed use should not be gained via Beryl Ann Drive. Other submitters reject the suggestion that alternative access should be made available via the Esplanade, but also state that the road system leading to the development is narrow and dangerous in one area and inadequate for the increased traffic that will be generated by the development, however one submitter does not support the widening of the road. Concern is expressed about degrading road conditions and dust on the unsealed section of road. Access from the cul de sac may be restricted to adjacent properties. The local roads are used for pedestrian, horse riding and cane hauling.

Comment: Beryl Ann Drive is a cul-de-sac and currently has very low levels of traffic. Residents concerns that traffic levels will increase to unacceptable use levels on Little Mulgrave Road and Beryl Ann Drive for the Outdoor Entertainment use seem largely unfounded from a traffic engineering perspective.

To ensure that residential amenity is maintained, it is considered reasonable to encourage mini-bus use and car pooling to transport clients wherever possible for access to the Outdoor Entertainment site. Access to the site is not appropriate from the river esplanade. No State or National events will be allowed, unless specifically approved by Council.

Erosion: The submitters are particularly concerned that the use of the subject site as an Outdoor Entertainment will encourage soil erosion on the steeper slopes and creek banks and increase runoff may damage river water quality and bores and practices on adjoining properties.

Comment: The applicant proposes to stabilise the site and actively control erosion. A condition has been included accordingly.

Amenity: Concern is expressed that the proposed development will have a detrimental impact on the quiet rural charm and the rural residential character with undesirable noise and visual impacts and is an inappropriate use in this area. Neighbouring properties may fall in value as a result of any approval. Undesirable dust may result from the biking activity. Portable toilet facilities and a dilapidated bus as an office reduce the aesthetics of the area.

Comment: Conditions have been placed limiting noise emanating from the subject site and boundary vegetation screening, and the proposal plan indicates satisfactory separation distances to nearby residences. Toilets will be provided in accordance with Council’s requirements. The old bus is to be moved out of sight of residents and the subject area will be required to be kept in a neat and tidy condition at all times. Dust from the activity is to be minimised with conditions imposed accordingly.

Carparking: Inadequate carparking spaces are provided on site for participants and spectators and Beryl Ann Drive is unsuitable for overflow carpark spaces due to potential dusty or boggy road shoulders. Alternatively another view is that many cars could be potentially accommodated on the property with no way disclosed in the application how the resultant traffic could be safely catered for or prohibited from using Little Mulgrave Road.

Comment: It is considered the 20 carpark spaces proposed will provide adequate carparking on site, with a large additional area provided for overflow carparking if required. No parking will be allowed on Beryl Ann Drive.

Fire Risk: Increased fire risk will result from the proposed development, alternatively fire may spread to the property from adjacent trash blanket burns for cane farming purposes.

Comment: The applicant will be recommended to prepare a fire prevention strategy.

Security: Security will be compromised and rubbish will be a problem to neighbours. Privacy to neighbours will be reduced.

Comment: Surrounding properties in the immediate area will be screened with vegetation and the area will be required to be kept clean and tidy at all times.

Future Size: The proposed development may expand in the future to a larger size

Comment: Any substantial increase in size will trigger an application for material change of use, the applicant has limited race events to 30 preregistered riders at one time. A condition has been imposed accordingly.

Need: There is no need for this proposed sporting facility as alternative venues exist at Smithfield and other more suitable sites could be found.

Comment: An alternative site at Smithfield is at the northern end of Cairns. The opportunity to have a sporting/recreational facility provided on private land is considered desirable when actively managed by the proponent.

Camping: No provision in application for provision of camping facilities and no provision for human or other waste is provided. Effluent from camping may seep into the water extracted from nearby bores.

Comment: No camping will be allowed on site and amenities are to be built on site in accordance with Council’s requirements and the Interim Code for on-site Effluent Disposal..

Tourism: The applicant has overstated the extent of local tourism activities in the area. The 1990 fruit winery approval on adjacent Lot 4 was never acted upon. The orchid valley tourist attraction has scaled down since the train ceased operation. The applicant has understated the anticipated low level of activity on the subject site; eg triathalon, birdwatching, other clubs.

Comment: The level of tourism has probably been reduced in the area in recent years, which may result in less overall traffic on Little Mulgrave Road. Any other activities on the site will need to be ancillary to the main activity of outdoor entertainment - mountain bike riding.

General: The application is not for outdoor entertainment but for mountain bike park-cycling activities which is a non-defined use in the planning scheme. The notification and advertising of the development is inadequate in its description and identification of the subject land.

Comment: The use as ‘mountain bike park’ was cited in the notification activities, it is considered the general intent of outdoor entertainment is conveyed adequately and the failure to notify as outdoor entertainment (mountain bike park) is not considered to compromise the public notification undertaken. Indeed, this submission by its own admission acknowledges that the public were aware of its use as a mountain bike park.

The development will cause additional constraints upon cane farming on adjacent properties. A buffer zone should be provided between the subject land and adjacent farm land.

Comment: It is considered that the proposal will have little impact on existing farming activities in the area. Separation buffers will be required between bike tracks and the adjacent properties. A fire prevention strategy is to be considered.

No restriction on number of participants for non-competitive activities, training, social and licensing testing days.

Comment: The applicant has restricted racing to 30 riders, any other activities will need to be ancillary to the approved use and/or comply with the conditions of approval.

Applicant should be required to notify the adjoining land owners personally two weeks in advance of any activities to be conducted on the land.

Comment: This requirement appears onerous, conditions have been imposed to minimise the impact of the proposed use. The amended proposed use is limited in scale.

The current application if approved will compound the irregularities and constraints brought about by the previous unlawful low density residential subdivision in a rural area. No further approvals should be given until these earlier irregularities are addressed. The proposal is in conflict with prior Council resolutions and assurances regarding no further development in the valley given to Piccolo Brothers by Council. The application is inconsistent with a previous refusal by Council of a rezoning and reconfiguration of the adjacent land owned by Piccolo Brothers.

Comment: These concerns are not relevant to the assessment of the current application.

The applicant should show Council permits obtained from the Department of Environment and Heritage and the Department of Natural Resources relevant to the proposed use of the land.

Comment: A condition has been included to require any permits from the Department of Natural Resources to be obtained. It is considered that no permit is required from the Department of Environment.

FEE REDUCTION REQUEST

The applicant has requested that Council grant fee reduction from fees to be paid for the application based on the small scale of the activity and the benefit of the community component. The relevant fee applicable in this instance is $3605.00. Council advised the applicant on 15 February 2000 that no application fee was to be paid until after Council had determined the application. It is for Council to now decide this request prior to Council requiring the fee to be paid by the Applicant. It is recommended however that the assessment of this application has involved a considerable amount of officer time and the full application fee appears to be relevant in this instance.

Neil Blamey Brendan Nelson PLANNING OFFICER MANAGER, CITY ASSESSMENT

APPENDIX 1

PLANNING & DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 2

17 APRIL 2001

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – EXTRACTIVE INDUSTRY – BRAMSTON BEACH ROAD, VIA MIRIWINNI

Neil Beck : 8/8/248-01 : 281458

PROPOSAL: EXTRACTIVE INDUSTRY

APPLICANT: J & A BONSO C/- C & B GROUP PO BOX 1949 CAIRNS QLD 4870

LOCATION: BRAMSTON BEACH ROAD

PROPERTY: LOT 1 NR6488, PARISH OF RUSSEL

ZONE: RURAL

STRATEGIC PLAN: RURAL

DCP: HILLSLOPES DCP - CATEGORY A

NUMBER OF SUBMITTERS: NIL

STATUTORY ASSESSMENT DEADLINE: 20 APRIL 2001

DIVISION: 1

APPENDIX: 1. SITE PLAN

LOCALITY PLAN

RECOMMENDATION:

A. That Council approve the application for a Material Change of Use – Impact Assessment for an Extractive Industry on land described as Lot 1 on NR6488 Parish of Russell located on the corner of Bramston Beach Road and Simmond’s Road, Bramston Beach subject to the following conditions:-

Assessment Manager Conditions:-

1. The proposed Extractive Industry as detailed within the application received by Council dated 22 January, 2001 is approved except where altered by the following conditions and / or alterations:-

a. The area of land being utilised for the extraction of material must not exceed two (2) hectares in the area shown on Plan 7335 dated December 2000;

b. The quantity of extracted materials must not exceed 5000 tonnes per annum; and

c. The applicant must undertake the operations of the Extractive Industry in accordance with the Environmental Management System (EMS) prepared by C&B Consulting Group Pty Ltd dated December, 2000.

Department of Main Roads Conditions

1. Access

i. Access between the Bramston Beach Road and Part of Lot 1 on NR6488 shall be via the existing access generally located just north of Alice Creek bridge, to the satisfaction of the Director General of the Department of Main Roads.

ii. No additional direct access between the Bramston Beach Road and Part of Lot 1 on NR6488 is permitted.

2. Speed Limit Reduction

i. The speed limit at the location of the access shall be reduced to 80km/hour prior to the commencement of the proposed use on the subject land. This will be initiated by Main Roads on request of the developer.

ii. Reducing the speed limit will be at the full cost of the applicant/landowner.

3. Intersection Works

i. The applicant shall upgrade the existing intersection between the Bramston Beach Road and the subject land in accordance with: • AUSTROADS Guidelines, in particular A Guide to Traffic Engineering Practice Part 5 : Intersections At Grade; and • current Department of Main Roads standards, to the satisfaction of the Director General of the Department of Main Roads.

A recent site inspection indicates at least the following is required: • A suitable device shall be installed within the property boundary to remove mud from the tyres of trucks leaving the site. An acceptable system would be a rumble strip of an appropriate size to allow one full rotation of the truck tyres to shed any mud from tyres, is required within the property boundary prior to vehicles entering the Bramston Beach Road. • A sealed bitumen deceleration taper is to be constructed between the end of the Alice Creek bridge guard rail and the access. The taper should begin as close as possible to the existing guard rail and increase to a width of 3.0 metres at the access measured from an extension of the timber kerb on the Alice Creek Bridge.

ii. The applicant/landowner shall:- • apply to the Cairns office of the Department of Main Roads for a permit to perform road access works (Ancillary Works and Encroachment (AWE) Application); • receive written approval for the AWE Permit from the Department of Main Roads; and • comply with the conditions of the AWE Permit, prior to road access works commencing within the Bramston Beach Road road reserve.

iii. All access works shall be completed in accordance with the AWE Permit to the satisfaction of the Director General of the Department of Main Roads prior to the commencement of the proposed use on the subject land.

4. Advertising

No advertising device for the proposed development is permitted within the State-controlled road reserve (ie. Bramston Beach Road).

5. Building Alignment Setback

A building alignment setback of 40 metres from Bramston Beach road reserve shall apply to all new structures intended to be located on Part of Lot 1 on NR6488 to the satisfaction of the Director General of the Department of Main Roads.

Environmental Protection Agency Conditions

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

2. Any persons responsible for the carrying out of the activity must be familiar with the conditions of this approval as they relate to the person’s responsibilities.

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

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

An example of a substantial increase in the risk of environmental harm is an increase of 10% or more in the quantity of the contaminant to be released into the environment. 5. Incineration or open burning must not be undertaken at the workplace.

6. The holder of this approval must implement the Environmental Management System submitted to Council in support of the development application for carrying out the activity which includes a Site Based Management Plan incorporating the following functions:

training and environmental management responsibility; soil and water management; dust emissions; noise emissions; waste management; rehabilitation change in scale/intensity; and complaint recording

7. Tailgates of all vehicles leaving the workplace must be securely fixed to prevent the loss of material.

Vehicles leaving the workplace loaded with material won from the activity must have the load covered if the material being transported is susceptible to wind-blown releases or spillage. This covering must be installed prior to leaving the workplace.

All surface runoff waters from disturbed areas, including operational or trafficable areas must be directed to the sediment retention pond.

All runoff from stockpiled material and areas utilised for stockpile operation must be directed to the sediment retention pond.

The sediment retention pond must be maintained with sufficient freeboard to ensure there is adequate storage to contain runoff from a 1 in 10 year, ten (10) minute storm event except during or immediately after a rainfall event exceeding 10 mm.

Prior to the commencement of the wet season each year, an inspection of the sediment retention pond must be undertaken, and if required, any necessary maintenance must be carried out including the removal of sediment to ensure the effective operation of the pond.

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

All blasting must be carried out in a proper manner by a competent person in accordance with best practice environmental management to minimise the likelihood of adverse effects being caused by the impact of airblast overpressure and ground vibrations on sensitive premises and people living in or using the surrounding area.

Noise from blasting operations must not exceed an airblast overpressure level of 115 dB (linear peak) for more than one (1) blast out of any five (5) consecutive blasts when measured at any noise sensitive place.

Fuel, waste oil, tyres, batteries or other regulated waste must not be stored at the workplace.

17. Not more than 14 days following the initial notification by the approval holder to Council under section 320 of the Act, the following additional information must provided:

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

18. For the purposes of this approval, the following stated documents are approved documents:

a. the application.

19. For the purposes of this approval, any term not otherwise defined in Condition 21 of this approval has the meaning conferred to that term in the Act or in the absence of a meaning in the Act, has the meaning conferred to that term in its common use.

20. In the event of any inconsistency arising between the meaning of any term provided in Condition 21 of this approval and the meaning in the Act or any common usage of that term, the meaning conferred in Condition 21 will apply.

21. For the purposes of the permit the following definitions apply:

“Act” means the Environmental Protection Act 1994.

“activity” means the environmentally relevant activity to which this approval relates.

“application” means the application for development approval in relation to the activity received and dated 18 January 2001 (including any amendments to the application initialled by the Council and the approval holder) and all plans specifications and information submitted with the application or provided to the Council in response to a request from the Council for additional information.

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

“Council” means Cairns City Council and its successors.

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

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

“workplace” means Part of Lot 1 on NR 6488, Parish of Russel, County of Nares Parcel No. 79422 , Assessment No. 447946. See attached Extractive Industry Site Location Plan – Dated – 5/12/2000

Advice

1. This approval, granted under the provisions of the Integrated Planning Act, shall cease and determine four (4) years from the date of this decision if these conditions and the Council's Local Laws and regulations have not been fully complied with.

B. That Council issue Extractive Industry Permit N0. 13-4 on land described as Lot 1 on NR6488 Parish of Russell located on the corner of Bramston Beach Road and Simmond’s Road, Bramston Beach subject to the following conditions:-

WHEREAS RIDGEBURY PTY LTD of PO BOX 275, BABINDA IN THE STATE OF QUEENSLAND (hereinafter called “the Applicant”) has made application for the issue of an Extractive Industry Permit under Chapter 13 of the Local Laws of THE CAIRNS CITY COUNCIL aforesaid, a Local Authority duly constituted under the provisions of the Local Government Act for the said State of Queensland (hereinafter called “the Council”) and has deposited with the Council a Bank Guarantee for the sum of TEN THOUSAND DOLLARS ($10,000.00) NOW THEREFORE the Council hereby grants to the Applicant permission to carry on an Extractive Industry namely the stockpiling, treatment and cartage of rock, sand or gravel on and from that part of the land described as Lot 1 on Crown Plan NR6488, Parish of Glady, County of Nares, Bramston Beach Road, via Miriwinni which said part is hereinafter called “the permit area” SUBJECT to the Council’s Local Law for the time being and from time to time in force AND SUBJECT FURTHER to the following terms and conditions including the conditions of the Development Permit:

1. Stockpiling and treatment operations shall be restricted to the permit area a metes and bounds description of which is annexed hereto as aforesaid.

2. Without prejudice to the generality of anything hereinbefore mentioned the Applicant shall comply in particular with Clauses b(ii) and I(iii) of Local Law 10 of Chapter 13 and Council’s Local Laws.

3. This permit shall remain in force and effect for a period of Ten Years up to and including the 2nd day of May 2011, unless the currency period for the development permit for material change of use expires at which time this permit would also expire.

4. This permit does not include any rights of extension or renewal.

5. This permit is not transferable without the Council’s consent in writing first had and obtained which consent (if given) may be subject to such amended altered or additional conditions as the Council may see fit to impose at the time of giving any such consent.

6. The Applicant shall at all times comply with the conditions of the material change of use development permit, a copy of which is attached to this permit.

7. No Extractive Industry operations are to take place within a distance of ten (10) metres from any property boundary or twenty (20) metres of any road reserve.

8. Loads upon vehicles removing material from the said lands shall be kept covered during transit in accordance with the directions of the Chief Executive Officer as to prevent the escape of or spillage of material.

9. The Applicant shall take every precaution to avoid spillage, and any spillage on any public road shall be removed at the end of each working day or within four (4) hours of any verbal requirement by the Chief Executive Officer, whichever is sooner.

10. At no time is any part of the permit area to be left in a condition that allows the ponding of storm water or the scouring of the land in such a way that material is washed into natural water courses or beyond the boundaries of the land.

11. On or before the seventh day of each calendar month the Applicant shall make payment to the Council for every tonne of material removed up to the last day of the preceding calendar month and the Applicant shall deliver to the Council on the fifteenth day of each calendar month particulars of the volume of material removed on the form required by the Council. The contribution rate shall be in accordance with Councils road maintenance contribution policy.

12. The Applicant shall cause to have completed daily a record of material being removed from the site in a form required by the Chief Executive Officer which records shall be made available for inspection by the Chief Executive Officer on request during business hours and shall be forwarded monthly to the Council.

13. The Applicant shall within two (2) weeks after the cancellation or termination (for whatever reason) of this permit carry out such works as in the opinion of the Chief Executive Officer are reasonably required to leave the permit area in a satisfactory state and condition.

14. The Applicant shall pay to the Council on demand the Council’s reasonable legal costs of and incidental to the preparation, issue and stamping of this permit.

15. If in the opinion of the Chief Executive Officer operations at the permit area do not or will not comply with the requirements of this permit the Council may upon written notice to the Applicant suspend the operation of this permit and upon service of the said notice this permit shall be suspended and the conduct of the extractive industry shall cease until guarantees acceptable to the Council are given or the Council is otherwise satisfied that the extractions and/or operations do or will comply with the requirements of the Council.

16. Upon any breach of the terms and conditions hereof or of any Local Law of the Council or upon failure to comply with the requirements of the Council or the Chief Executive Officer, the Council, after first having served on the Applicant written notice requiring the Applicant to remedy such breach or failure on or before the date specified therein (which date is not to be earlier than 30 days after the date of the service of such notice) and the Applicant shall have failed within such specified period to remedy such breach or failure, may upon further written notice to the Applicant cancel this permit and upon service of the said further notice this permit shall be cancelled and the conduct of the extractive industry shall cease.

17. In case the Applicant shall fail to comply with any of the terms and conditions hereof then the Council without prejudice to any other right or remedy under this permit or its Local Laws shall be at liberty to enter upon the permit area or any part thereof and remedy such default and the costs and expenses involved in so doing shall be payable by the Applicant to the Council.

In the event that the Applicant shall become liable to the Council for any costs or expenses or other moneys payable hereunder or under the Local Laws of the Council then the Council without prejudice to any other right or remedy hereunder or under the Local Laws may demand and recover the same from the Bank under or in pursuance of the aforesaid Bank Guarantee for the sum of TEN THOUSAND DOLLARS $10,000.00 and if such costs or expenses or other moneys or any part thereof shall not be recovered from the said Bank the Applicant shall forthwith upon demand pay to the Council the amount of such costs or expenses or other moneys payable by the applicant to the Council.

If the Council shall recover from the Bank under or in pursuance of the aforesaid Bank Guarantee any costs or expenses or other moneys for which the Applicant shall become liable hereunder or under the Local Laws of the Council then the Applicant shall within fourteen (14) days of demand by the Council deposit with the Council a further Bank Guarantee (in substitution for the aforesaid Bank Guarantee) for such amount as the Council shall in its discretion determine.

18. In this permit unless the context otherwise indicates or requires the term “Chief Executive Officer” shall mean and include the General Manager, City Development or his delegate.

C. That Council resolve that the applicant pay a fee of $1745.00 being the application fee for the Extractive Industry Licience & ERA approval which must be paid in full within 14 business days of issue of the Decision Notice or else the Development Permit will have no force or effect.

EXECUTIVE SUMMARY:

Council is in receipt of a Material Change of Use – Impact Assessable application seeking a Development Permit to legitimise the operation of an existing Extractive Industry on land described as Lot 1 on NR6488 Parish of Russel located on the corner of Bramston Beach Road and Simmond’s Road, Bramston Beach.

The application was forwarded to the Department of Main Roads and Council’s Environmental Protection Unit as Concurrence Agencies for the application and accordingly, the Referral Agency response’s are contained in the recommended conditions of approval.

In addition, the applicant has requested Council to reduce the prescribed fee from $8,955.00 to $1,200.00. The request is further discussed within the relevant section of the report.

Approval of the application is recommended subject to reasonable and relevant conditions.

TOWN PLANNING CONSIDERATIONS:

Site Description

The subject land is a rectangular shaped allotment located on the corner of Bramston Beach Road and Simmond’s Road, Bramston Beach with frontage to Bramston Beach Road of approximately 180m and frontage to Simmond’s Road of approximately 730m being an unformed road.

The total site area is approximately 29.07 hectares with the Extractive Industry occurring on part of the allotment having an area less than two (2) hectares. A plan illustrating the location of the extractive operation is contained at Appendix 1.

Surrounding land uses are predominantly agriculture with State Forest being located to the north and east of the subject land. Natural features located within the vicinity of the subject site include the Russell River and Alice Creek.

Proposal

The applicant seeks a Development Permit for the material change of use of the subject land to legitimise the operation of an Extractive Industry. The extraction area has been used in previous years for the purpose of supplying materials for Cairns River Improvement Trust projects and minor farm improvements.

The extraction area is proposed to be confined to a two (2) hectare site and will not exceed the extraction of more than 5,000 tonne of material per annum. Due to the scale of development the licensing of the extractive industry under the Environmental Protection Act is devolved to Council’s Environmental Protection Unit.

The operation of the Extractive Industry includes the following procedures:-

• Removal and stockpiling of top-soil; • Extraction of Material (rock); • Stockpiling of material when required; • Distribution of the material from the site; • Replacement of the top-soil to form level ground when rehabilitating the site for the growing of sugar cane.

The operation does not include any further refinement of the material on-site such as crushing or screening. Therefore, equipment to be used on-site is limited to an excavator, bulldozer and truck.

Strategic Plan

An assessment of the proposal against the Extractive Industry Strategy contained within the Strategic Pan for the Balance of the City of Cairns has been completed. The following conclusions have been drawn from that assessment:-

• The subject site is not identified as an Extractive Resources Precinct, however, provided the proposal has a minimal impact upon the environment and Council’s infrastructure being Bramston Beach Road and the operation of the proposed Extractive Industry is of a regional significance, Council may support the application.

As the material being extracted has previously been and will continue to be used by the Cairns River Improvement Trust for works associated with river and creek stabilisation with minimal impact on the surrounding environment, there is a demonstrated demand for the extraction of such material to continue.

• The subject land is not identified as Urban, Conservation or Rural Constrained within the Strategic Plan and is therefore it is anticipated that the proposal will not conflict with future land uses surrounding the site. Furthermore, the subject land is not identified as being environmentally sensitive having regard to remnant vegetation, slope, stability etc.

• Bramston Beach Road is designated as a Minor Haulage Route for extractive industry purposes within the Strategic Plan, and therefore cartage of materials extracted from the subject land is in compliance with the intent of the Strategic Plan in this regard.

Traffic and Access

Materials extracted from the quarry are transported via an unsealed formed haul road to Bramston Beach Road. Utilisation of Bramston Beach Road for this purpose does not conflict with the Planning Scheme as the road is designated as a Minor Extractive Industry haulage Route.

Furthermore, as Bramston Beach Road is a State Controlled Road, the Department of Main Roads has been given the opportunity to assess the application. Conditions of development imposed by the Department of Main Roads, require the applicant to undertake intersection treatment works when entering Bramston Beach Road from the subject land.

Public Notification

The application was advertised in accordance with the notification requirements of the Integrated Planning Act and no submissions objecting to the proposal were received.

Extractive Industry Permit

As part of the Material Change of Use application and in accordance with Council’s Local Law, the applicant has applied for an Extractive Industry Permit.

In an attempt to coordinate the development application and the application under Council’s Local Law, Recommendation B recommends that Council issue the Extractive Industry Permit. It should be noted that the Local Law Permit for the Extractive Industry does not constitute a Development Permit for the purpose of the Integrated Planning Act, however such resolution will enable the applicant to receive all of the required approvals at once.

Fee Reduction

The applicant has requested Council to favourably consider a fee reduction for the Extractive Industry as the applicant is of the opinion that Council’s prescribed fees relating to the commencement of this particular operation is not justified. The break down of the applicable fees are as follows:-

• MCU Development Application $7,210.00 • Extractive Industry Local Laws Permit Application $1,545.00 • IPA – EPA Concurrence Agency referral fees $200.00

$8,955.00

The applicant met with the Environmental Assessment & City Development officers, in early 2001 to discuss the fee, it was considered that a fee for the Material Change of Use $1200 would be appropriate.

Support for the request to reduce the application fees is justified having regard to the scale of the development and that a majority of the assessment of the application has been completed within Council. Furthermore, the principle use of the material being extracted is to assist the Cairns River Improvement Trust with various rehabilitation and stabilising projects within the region.

The reduction was only considered for the Material Change of Use and not the Licence and ERA Approval, therefore the additional fee of $1745.00 is required. Therefore, the shortfall of $1745.00 should be paid with 14 days of the issue of this permit.

HEADWORKS / CONTRIBUTIONS:

The applicant is not required to pay any of the following Headwork Contributions as detailed below:

CALCULATION COMMENT CONTRIBUTION Water Not connected to town water Nil Sewerage Not in a Sewerage District Nil Traffic No contribution required Nil Drainage No contribution required Nil Park No contribution required

Neil Beck Brendan Nelson Planning Officer Manager, City Assessment

APPENDIX 1

PLANNING & DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 3

17 APRIL 2001

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) –CHANGE OF LAND USE TO LOW DENSITY RESIDENTIAL – LOT 2 GILLIES HIGHWAY, GORDONVALE

Neil Beck : 8/8/202-01 : 281463

PROPOSAL: CHANGE OF LAND USE FROM RURAL TO RESIDENTIAL LOW DENSITY

APPLICANT: THOMAS CORCORAN C/- CHARLES O’NEILL PTY LTD PO BOX 5246 CAIRNS QLD 4870

LOCATION: LOT 2 GILLIES HIGHWAY, GORDONVALE

PROPERTY: LOT 2 RP747249

ZONE: RURAL

STRATEGIC PLAN: LOW DENSITY RESIDENTIAL

DCP: NOT APPLICABLE

NUMBER OF SUBMITTERS: NIL

STATUTORY ASSESSMENT 4 MAY, 2001 DEADLINE:

DIVISION: 1

APPENDIX: 1. SITE LAYOUT PLAN

LOCALITY PLAN

RECOMMENDATION:

A. That Council approve the application for a Material Change of Use – Impact Assessment from the uses contained in the Rural zone to uses contained in the Residential Low Density zone over land described as Lot 3 on SP133009 Parish of Grafton, located on the Gillies Highway, Gordonvale to facilitate the reconfiguration of the subject land into six (6) Lots subject to the following conditions:-

Assessment Manager Conditions:-

Water

1. The applicant must carry out water supply works external to the development to connect the subject land to Council’s existing headworks at a point determined by the Chief Executive Officer where sufficient capacity exists to service the subject land. All works must be carried out to the requirements and satisfaction of the Chief Executive Officer.

Three copies of a plan of the works shall be submitted to and must be approved by the Chief Executive Officer prior to the commencement of works. Such works must be constructed in accordance with the approved plan, to the satisfaction of the Chief Executive Officer, prior to the commencement of use.

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

a. The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $3,322.80 (1.3 EDC’s) for water. b. Payment is required prior to Council amending the Planning Scheme to include the land within the Residential Low Density zone.

Department of Main Roads Conditions

1. Access

i. Access to the subject land shall be via Dempsey Street and an internal access road to the satisfaction of the Chief Executive Officer, Cairns City Council.

ii. No direct access between the Gordonvale-Atherton (Gillies) Road and the subject land is permitted.

2. Building Alignment Setback

A building alignment setback of 40 metres from Gordonvale-Atherton Road reserve would apply to all new structures intended to be located on proposed lots 4, 5 and 6 to the satisfaction of the Director General of the Department of Main Roads.

3. Provision of a Road Stub

The applicant/landowner shall provide a 20 metre wide road frontage from the proposed new road to Lot 1 on RP747249 generally in accordance with Plan No. 5913COR-03 prepared by Charles O’Neill Pty Ltd and dated 5/4/2000.

Advice

1. Current requirements and estimates of development and headworks contributions may change when elements of the Cairns City Council Infrastructure Charges Plan (ICP) are adopted.

2. This approval, granted under the provisions of the Integrated Planning Act, shall cease and determine four (4) years from the date of this decision if these conditions and the Council's Local Laws and regulations have not been fully complied with.

3. It is anticipated that the following conditions may be imposed on an application to reconfigure the subject land in the future:-

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

i. the approved plan, 5913COR-06 dated 13 June, 2000;

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

iii. the provisions of Council’s Development Manual.

Water

2. The applicant must carry out water supply works external to the development to connect the subject land to Council’s existing headworks at a point determined by the Chief Executive Officer where sufficient capacity exists to service the subject land. All works must be carried out to the requirements and satisfaction of the Chief Executive Officer.

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

a. The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the contribution would be $2,556/EDC for water. b. Payment is required prior to Council signing and sealing the Plan of Survey.

Drainage

4. All external stormwater from the property shall be directed to a lawful point of discharge being the Gillies Highway and Little Mulgrave River, such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

5. On-site waste water treatment and effluent disposal for this development must be carried out in accordance with the Interim Code Of Practice For On-Site Sewerage Facilities and the Environmental Report prepared by Parker Hydraulics Consulting Group dated 15 January, 2001.

B. That Council undertake a consequential amendment to the Planning Scheme for the Balance of the City of Cairns pursuant to Section 6.1.34 of the Integrated Planning Act to amend the Planning Scheme for the Balance of the City of Cairns to include land described as Lot 3 on SP133009 Parish of Grafton in the Residential Low Density zone.

EXECUTIVE SUMMARY:

Council is in receipt of a Material Change of Use – Impact Assessable application seeking a Development Permit to include land described as Lot 3 on SP133009 Parish of Grafton into the Residential Low Density zone to facilitate the reconfiguration of the subject land into six (6) allotments at a future stage.

The applicant only seeks to gain approval for material change of use of the land and does not wish to pursue the reconfiguration component of the development proposal at this stage. In this regard minimal conditions apply at this time as the change in zone from Rural to Low Density Residential does not overly increase the land use entitlements of the subject land.

The subject land is zoned Rural within the Planning Scheme for the Balance of the City of Cairns and has a total area of approximately 4.24 hectares.

The application was forwarded to the Department of Main Roads as a Concurrence Agency for the application and accordingly, the Department’s response is contained in the recommended conditions of approval.

The application is in accordance with the strategic intent of the subject land and demonstrates an ability to comply with the planning provisions for the reconfiguration of Residential Low Density zoned land.

Approval of the application is recommended subject to reasonable and relevant conditions.

TOWN PLANNING CONSIDERATIONS:

Site Description

The subject land is an isolated, irregular shaped parcel of land located within the rural residential subdivision of Rangeview Estate situated on the western side of the Gillies Highway, approximately two kilometres from the township of Gordonvale.

The site has frontage to the Gillies Highway and Dempsey Street of approximately 233 metres and 25 metres respectively. Access is proposed via Dempsey Street as conditioned by the Department of Main Roads.

The area of interest does not contain significant areas of remnant vegetation as the land has historically been utilised for the cultivation of sugar cane with soils consisting of loams in the slightly elevated areas of the site with clays being present in the lower portions of the site.

Proposal

The applicant seeks a Development Permit for the material change of use of the subject land to exclude uses contained within the Rural zone and include uses in the Low Density Residential zone to facilitate the reconfiguration of the land into six (6) Low Density Residential allotments at a future stage.

Strategic Plan

The subject land is designated Low Density Residential within the Strategic Plan.

The proposal is in accordance with the overarching strategies and objectives of the Strategic Plan and is considered to be consistent with the surrounding land use consisting of single detached dwellings on large residential low density allotments.

State Planning Policy 1/92 (Conservation of Good Agricultural Land)

The Strategic Plan commits the subject land for future residential development by nominating Residential Low Density as the Preferred Dominant Land Use. Therefore, assessment of the proposal against the State Planning Policy is negated.

Council is therefore required to decide the application having regard to the planning merits of the proposal without giving consideration to the issue of the retention of good quality agricultural land.

Traffic and Access

Access to future allotments shall be via Dempsey Street as conditioned by the Department of Main Roads. Dempsey Street is a collector street in the local traffic hierarchy for Rangeview Estate and would easily be able to cater for the additional traffic generated by the proposed development.

The proposed intersection located on Dempsey Street has been positioned to maximise sight distances, as south bound traffic go over a rise before coming to the proposed intersection. Sight lines to the south when entering Dempsey Street from the proposed reconfiguration are more than adequate.

Effluent Disposal

The applicant was requested to provide further information regarding the disposal of effluent on each of the proposed allotments, to demonstrate compliance with the Interim Code of Practice for On-site Sewerage Systems.

A comprehensive report was submitted to Council from Parker Hydraulics Consulting Group addressing this issue concluding that the proposed allotments have the ability to dispose of effluent on-site in accordance with the required standards.

Such recommendations of the report detailing the methods of effluent disposal to be implemented will be placed on each of the respective allotments property files when the land is reconfigured creating the additional allotments.

Public Notification

The application was advertised in accordance with the notification requirements of the Integrated Planning Act and no submissions objecting to the proposal were received.

HEADWORK CONTRIBUTIONS:

The applicant is required to pay the following Headwork Contributions relating to the Material Change of Use as detailed below:-

Calculation Comment Contribution Water District 18: $2,556/EDC(1998) 1.3EDC @ $2,556/EDC $3,322.80 Det. house on lot > 1500m2 = 1.3EDC (No RICI adjust.) Less No credits since not already serviced. Sewerage On-site sewerage disposal required No contribution sought Nil Road/Traffic Gordonvale/Goldsborough (O’Byrne) No contribution sought Nil Drainage No DMP applicable No contribution sought Nil Park No subdivision of land No contribution sought Nil

As the subject land is not currently connected to town water, and the applicant has not previously contributed to provision of water to service the subject land, Council’s Headwork Policy requires the applicant to contribute towards the provision of town water to service the allotment in an attempt to recoup monies spent in the area to provide such infrastructure.

Further water supply headwork contributions will be required when the land is reconfigured in the future.

Neil Beck Brendan Nelson Planning Officer Manager, City Assessment ACTION OFFICER

APPENDIX 1

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE MEETING 4

17 APRIL 2001

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) HOLIDAY LETTING AND SALES OFFICE – LOT 6/49-51 VASEY ESPLANADE, TRINITY BEACH

NEIL BLAMEY: 8/8/253 : 279394

PROPOSAL: HOLIDAY LETTING AND SALES OFFICE

APPLICANT: MR BRAD RILEY UNIT 6, 49-51 VASEY ESPLANADE TRINITY BEACH QLD 4879

LOCATION: UNIT 6 – 49-51 VASEY ESPLANADE, TRINITY BEACH

PROPERTY: LOT 6 ON BUP71498, PARISH OF SMITHFIELD

ZONE: RESIDENTIAL 3

STRATEGIC PLAN: URBAN

DCP: NONE APPLICABLE

NUMBER OF SUBMITTERS: NIL

STATUTORY ASSESSMENT DEADLINE: 17 APRIL 2001

DIVISION: 11

APPENDIX: 1. SITE LAYOUT PLAN

LOCALITY PLAN

RECOMMENDATION

That Council approve the application for a Material Change of Use for a Holiday Letting and Sales Office – at Unit 6, 49-51 Vasey Esplanade, Trinity Beach, described as Lot 6 on BUP71498, Parish of Cairns, subject to the following conditions:-

Assessment Manager Conditions

1. The site is to be developed and operated in accordance with the plans, specifications, facts and circumstances as set out in development application 8/8/253 submitted to Council on 23 January 2001, except as modified by the following conditions:

2. Only one sign, no greater than 0.3m² in area and bearing only the name of the occupant and/or a telephone number and/or a description of the occupation, vocation or profession shall be displayed.

3. The total use area for Holiday Letting and Sales Office purposes must not exceed 30m².

4. The use must only be conducted between the hours of 7.00am and 8.00pm Monday to Sundays.

5. The use is to be limited to holiday letting and sales of units located at 49-51 Vasey Esplanade, Trinity Beach (Rooms 1-20), 38 Moore Street, Trinity Beach (Rooms 21-26), 40 Moore Street, Trinity Beach (Rooms 31-36), 42 Moore Street, Trinity Beach (Rooms 41-46), 44 Moore Street, Trinity Beach (Rooms 71-76), 53-55 Vasey Esplanade, Trinity Beach and 57 Vasey Esplanade, Trinity Beach (Rooms 51-56).

6. The provisions of the Development Permit are to be affected prior to the commencement of the specific use as granted by Council.

ADVICE 1. The approval shall lapse four (4) years from the date of issued of the Development Permit unless the use is substantially commenced and all conditions complied with to the satisfaction of the Chief Executive Officer.

2. The applicant shall ensure that the development complies in all respects with all Council’s Local Laws, Policies and Planning Instruments pertaining thereof.

3. The applicant will need to complete Form 1 pursuant to Section 44 of the Beach Protection Act 1968, and forward it to Council for endorsement.

EXECUTIVE SUMMARY

A Material Change of Use for a Holiday Letting and Sales Office is proposed at Unit 6, 49-51 Vasey Esplanade, Trinity Beach. The application has been publicly notified and no submissions were received. The proposal generally complies with the relevant provisions of the Planning Scheme and is recommended for approval, subject to reasonable and relevant conditions.

TOWN PLANNING CONSIDERATIONS:

Proposal

The proposed holiday letting and sales office will involve the use of an existing office within a unit for this purpose. The proposed Holiday Letting and Sales Office will be operated by the owner of the dwelling unit and existing staff and will not involve any additional employees. The proposed holiday letting and sales office is of a small scale with clients visiting the existing office for additional letting and sales of units in the adjoining properties of Blue Marlin (57 Vasey Esplanade) and Seashells (53-55 Vasey Esplanade); and for additional sales of units in the existing complex.

Strategic Plan/DCP

The preferred dominant land use of the subject site and surrounding area is Urban. The proposed Holiday Letting and Sales Office is in accordance with this Strategic designation. The proposal is designated a Tourism Development Area and is not in conflict with Tourism Objective 3 in the Strategic Plan.

Land Zoning

The subject site is included within the Residential 3 Zone. The intent of the Residential 3 zone is to allow for residential development predominantly in the form of multiple dwellings. The proposed Holiday Letting and Sales Office is compatible with the intent of the Residential 3 zone as it will involve the use of a small portion of an existing office area for additional holiday letting and sales purposes.

Public Notification/Submissions

In accordance with Section 3.4.4 of the Integrated Planning Act, 1997 the applicant has completed public notification and no submissions were received.

Impact of Proposal

The proposed development is unlikely to have a prejudicial effect upon the amenity of the locality. Due to the small scale nature of the additional proposed land use it will not detract from the amenity of the area and is therefore considered compatible with the existing land use.

The existing staff levels and office area and hours will remain unaltered. The hours of operation proposed are 7.00am to 8.00pm, seven (7) days per week. The proposal was advertised as Home Occupation – Extended Hours (Holiday Letting and Sales) in the Public Notification undertaken. Normal hours of operation for a Home Occupation are 8.00am to 6.00pm Monday to Saturday and not at all on Sundays and Public Holidays. As a consequence, the proposal is outside the definition of a Home Occupation in the Planning Scheme for the Balance of the City of Cairns, and is accordingly more appropriately considered an undefined use and consequently falls within impact assessment in the relevant Planning Scheme for the proposed use of Holiday Letting and Sales Office.

No additional carparking is available on site to that already provided for the existing approved use of Holiday Units. As complimentary return airport transfers are provided for guests, each holiday unit has a designated carpark already provided, visitor carparks are provided and a temporary driveway standing area is available for guests booking in, it is considered that no additional carparks are required for the additional proposed use of Holiday Letting and Sales Office in this instance.

The subject area is located within Coastal Management Control District No. 10 under the Beach Protection Act 1968, and as a prescribed application has been determined to be minor in nature for the purpose of Section 6.1.35c(1)(a) of the Integrated Planning Act 1997, and consequently referral co-ordination is not required.

HEADWORKS / CONTRIBUTIONS:

The Development Engineer has advised that there are no headworks contributions applicable for this application.

Neil Blamey Brendan Nelson Planning Officer Manager – City Assessment Action Officer

APPENDIX 1

Notation – On the Beach Holiday Apartments include Trochus, Osprey, Ocean Pearl and Golden Cowrie as part of the existing complex managed by the applicant.

The proposal involves the additional holiday letting and sales of units in the adjacent properties of Seashells and Blue Marlin.

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 5

17 APRIL 2001

NEGOTIATED DECISION – RECONFIGURING A LOT – CREATE TWO LOTS – 13-15 TOOHEY STREET, PORTSMITH

Jenny Elphinstone : 8/13/378 : 282122

PROPOSAL: CREATE TWO (2) LOTS

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

LOCATION: 13-15 TOOHEY STREET, PORTSMITH

PROPERTY: LOTS 1-3 SP106695

ZONE: GENERAL INDUSTRY

STRATEGIC PLAN: INDUSTRY

DCP: DCP 2 HEIGHT & IMPACT OF BUILDINGS – PRECINCT 2 DCP 5 PORT INDUSTRIAL AREA

NUMBER OF SUBMITTERS: NIL

STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE

DIVISION: 5

APPENDIX: 1. SITE PLAN

LOCALITY PLAN

RECOMMENDATION:

That Council resolve to issue a Negotiated Decision Notice with respect to Development Application 8/13/378 for land described as Lots 1-3 on SP106695 for Reconfiguring a Lot subject to the following:-

1. Condition 3 remain unchanged.

2. Condition 4 being amended to read as follows:-

4. a. The applicant shall contribute towards the capital cost of upgrading the Cairns City Council road network;

b. Such contribution shall be calculated in accordance with Council’s Policy and shall be the rate current at the time of payment; and

c. The contribution shall be payable within 14 days of the issue of a Development Permit for Carrying Out Building Work or prior to the issue of the Certificate of Classification. The current rate of contribution is $11,950.92.

3. Condition 5 remain unchanged.

4. In all other regards the conditions and advice contained in Development Permit 8/13/378 issued on 13 March 2001 to remain unchanged.

5. The following notation be placed on Council’s property management file,

The owner(s) of the property must pay traffic contributions prior to the issue of a Development Permit for Building Work in accordance with Development Permit for Reconfiguration 8/13/378.

EXECUTIVE SUMMARY:

Council at its Planning and Development Committee meeting held on 13 March 2001 resolved to approve the reconfiguration of land described as Lots 1-3 on SP106695 at 13-15 Toohey Street, Portsmith into two (2) lots subject to conditions.

The applicant has made further submissions in regards to condition 3, 4 and 5 relating to headworks contributions.

In consideration of the applicant’s submission it is recommended that Council amend the decision in part.

TOWN PLANNING CONSIDERATIONS:

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

CONDITION 3

a. The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $4708.20 for water and $354.00 for sewer.

b. Payment is required prior to the approval and dating of the Plan of Survey.

APPLICANT’S COMMENTS

The calculation for the contribution has been derived by the site area. However, under Section 6.2 of the Planning and Environment Act (applicable in this instance as the development occurs under a transitional planning scheme) contributions are to be calculated against increased demand. As the development involves excising the existing lot that is already constructed upon the increased demand should only apply to the newly created Lot 7 that has an area of 2,000m2.

OFFICER’S COMMENTS

In calculating contribution requirements consideration and credit has already been given to the existing use. The calculations refer to total demand less existing use. The condition should remain unchanged.

CONDITION 4

Roadworks

4. a. The applicant shall contribute towards the capital cost of upgrading the Cairns City Council road network;

b. Such contribution shall be calculated in accordance with Council’s Policy and shall be the rate current at the time of payment; and

APPLICANT’S COMMENTS

There is not a clearly defined link between the development and expected demand of the site given:-

1. The fact that the land has been zoned for industrial land uses since 1971;

2. The fact that the land can be used “as of right” for a range of land uses; and

3. The subject development application will not change or alter those land use rights, and hence will not give rise to any increase in traffic movement over and above that which would be generated if reconfiguration did not precede.

The applicant requests that the condition be deleted.

OFFICER’S COMMENTS

The land in its current unconstructed form could be used for general industry and there is no increase in traffic demand. Increase would only apply when a building is constructed – the condition correctly refers to the contribution only being applicable at the building stage. The current wording of the condition (last sentence of 4(c)) refers to a particular type of building (warehouse). The City Area Traffic Management Plan is dependent on the nature of development constructed and contributions cannot be determined, in accordance with the Policy, until a specific use and floor area are defined. The condition should be reworded so as not to reflect a specific anticipated development. A note can be placed on the Council’s property management file to address the situation when the reconfiguration is possibly sealed prior to the issue of a Development Permit for Building Work.

CONDITION 5

Open Space

5. The applicant/owner must contribute towards the provision of or upgrading of parks and reserves in accordance with Planning Scheme Policy No. 6:

Contribution for Open Space Management and Section 5.6 of the Local Government (Planning and Environment) Act.

The contribution shall be 10% of the unimproved capital value of the land of the new allotments. The current rate of contribution is $10,438.35. Payment is required prior to the approval and dating of the Plan of Survey.

APPLICANT’S COMMENTS

The applicant requests that the condition be deleted on the basis that the development (the reconfiguration) will not place any increased demand upon public open space facilities provided by Council in the immediate or neighbouring area. Furthermore, the use of industrial land generates minimal demand for public open space facilities. The applicant notes that Council has discretion available, under the Act, whether or not to require a contribution for this purpose.

As the development will not create any increased demand it is requested that the condition be deleted.

OFFICER’S COMMENTS

Council’s Policy states that it is applicable to industrial land. Adoption of the Policy indicates Council’s intention to apply its discretion under the Act. Council has no record of any previous contribution being made. The condition is relevant and should remain unchanged.

Jenny Elphinstone Senior Planning Officer Action Officer

Brendan Nelson Manager – City Assessment

Appendix 1

PLANNING & DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 6

17 APRIL 2001

COMBINED APPLICATION - MATERIAL CHANGE OF USE – CHANGE THE USE OF LAND FROM RURAL TO RESIDENTIAL 1 & RECONFIGURING A LOT – 3 LOTS – CAPTAIN COOK HIGHWAY, PALM COVE

Neil Beck : 8/30/15-01 : 281460

PROPOSAL: CHANGE THE USE OF LAND FROM RURAL TO RESIDENTIAL 1 AND CREATE 3 RESIDENTIAL ALLOTMENTS

APPLICANT: STOCKLAND (CONSTRUCTORS) PTY LTD C/- PIKE MIRLS MCKNOULTY PO BOX 3797 SOUTH BRISBANE QLD 4101

LOCATION: CAPTAIN COOK HIGHWAY, PALM COVE

PROPERTY: LOT 145 ON RP910472, PARISH OF SMITHFIELD

ZONE: RURAL

STRATEGIC PLAN: URBAN

DCP: NONE APLICABLE

NUMBER OF SUBMITTERS: NIL

STATUTORY ASSESSMENT DEADLINE: 20 APRIL 2001

DIVISION: 11

APPENDIX: 1. SITE PLAN 2. PROPOSAL PLAN

LOCALITY PLAN

RECOMMENDATION:

A. That Council approve the combined application for a Material Change of Use – Impact Assessment and Reconfiguration from the uses contained in the Rural zone to uses contained in the Residential 1 zone over land described as Lot 145 on RP910472 Parish of Smithfield located on the Captain Cook Highway, Palm Cove to facilitate the reconfiguration of the subject land into three (3) residential allotments subject to the following conditions:-

Assessment Manager Conditions

1. The proposed Plan of Reconfiguration No 5641-13A dated December, 2000 is approved except where altered by the following conditions and / or alterations:-

a. Found necessary by the Chief Executive Officer at the time of examination of the Engineering Plans or during construction of the estate because of particular engineering requirements; and,

b. To ensure that the reconfiguration complies in all respects with the requirements of Council's Development Manual and good engineering practice.

2. The applicant is to contribute in accordance with Council's policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act towards the provisions of water supply headworks and sewerage headworks. The contributions to be paid are the rates applicable at the time of payment.

On the present method of calculation, the estimated headworks contributions shall be $9,888.00 (3 EDC’s) for water and $9,267.00 (3 EDC’s) for sewerage. The contributions shall be paid prior to the signing and sealing of the survey plan(s) by Council.

3. The applicant is to be responsible for the provision of water supply works and sewerage works external to the development to connect to Council's existing headworks at a point where sufficient capacity exists to service the subject land, all to the requirements and satisfaction of the Chief Executive Officer.

Department of Main Roads Conditions

1. Access

i. Access to the subject land shall be via the internal road network to the satisfaction of the Chief Executive Officer, Cairns City Council.

ii. Direct access between the Captain Cook Highway and the subject land is not permitted.

2. Road Traffic Noise and Visual Treatments

For the purposes of this condition; • the Captain Cook Highway shall hereafter be referred to as ‘SCR’; and • ‘DMR Plan PD.85 (dated 02/2001)’ shall hereafter be referred to as the ‘DMR Buffer Plan’.

a. Creation of Buffer Strip

The applicant/landowner shall create a ten metre wide buffer strip within the subject land along the subject land’s entire frontage with the SCR boundary in accordance with the DMR Buffer Plan.

The buffer strip shall be created via; • a six metre wide freehold strip located adjacent to the SCR; and • a four metre wide registered covenant located adjacent to and west of the above freehold strip, generally in accordance with the DMR Buffer Plan.

The registered covenant shall; • allow representatives of Council and the Department of Main Roads and public utility authorities to construct/maintain/ upgrade/remove noise attenuation treatments, landscaping and public utilities within the registered covenant; • prevent (unless approved by Council and the Department of Main Roads) landowners from altering, damaging or destroying any noise ameliorative treatments, landscaping, or public utilities located within the registered covenant; and • prohibit the construction of any structures within the registered covenant except where approved/required otherwise by Council and the Department of Main Roads.

The freehold section of the buffer strip shall be created and transferred to Council ownership, the registered covenant section of the buffer strip shall be created, and the covenant agreement shall be registered in the Titles Office of the Department of Natural Resources. All aforementioned requirements shall be completed prior to or conjunction with the applicant/landowner seeking the Department of Natural Resources to register the Plan(s) of Survey for the reconfiguration of the lots.

b. Visual Amenity Works

The applicant/landowner shall provide landscaping in and along the full width and length of the buffer strip such that existing and future SCR infrastructure, noise ameliorative works within the buffer, and on the site buildings and facilities, are screened as much as practicable from each other.

The species of plants used in the landscaping works shall be in accordance with Council’s standards. If Council doesn’t have standards, then the only requirement is that they are native, low maintenance species which are effective at providing the necessary screening specified above and do not have thorns, fruit, hard nuts or large nuts.

All landscaping of the buffer shall be completed prior to the commencement of the proposed use on the subject land.

c. Road Traffic Noise Ameliorative Works

i. Location of Works

Road traffic noise ameliorative works shall be incorporated into the design of the development, including the buffer strip, and the applicant/landowner shall have regard to the design criteria specified within AS3671.

ii. Maximum Noise Levels and Time Horizons

The following maximum road traffic noise levels are not to be exceeded before 10 years after the time of completion of the full development: • External noise levels shall not exceed 63dB(A) 18h. • Internal noise levels (ie. Within buildings above the ground floor level only) shall not exceed the maximum noise levels specified in AS2107-1987. iii. Noise Testing

The following parameters shall be used to determine the required noise amelioration works: • External noise levels shall be those predicted to occur on the subject land in areas likely to be frequently occupied by people for significant periods. • Internal noise levels shall be determined in accordance with AS2107-1987. • Noise monitoring shall be carried out in accordance with AS2702-1984. • Noise predictions shall be carried out in accordance with Calculation of Road Traffic Noise (CRTN88) United Kingdom Department of Transport.

iv. Road Traffic Noise Report

The applicant/landowner shall prepare a road traffic noise report which demonstrates how the development is to be designed to conform with the above requirements. The report shall; • predict the road traffic noise levels; • identify the ameliorative works required within the buffer strip, the rest of the subject land, and the relevant buildings; and • contain all relevant information and calculations upon which the conclusions of the report are based.

The applicant/landowner shall submit the report to the Cairns office of the Department of Main Roads, and if necessary, shall amend the report until the Department of Main Roads considers that the report reflects the requirements of this condition. The report and any subsequent amendments shall be completed prior to the applicant/landowner seeking Council to approve and sign the Plan of Survey on the subject land.

v. Incorporation of Works into the Development Noise ameliorative works within the buffer shall conform to the requirements of the DMR Buffer Plan.

All noise ameliorative works required in the buffer shall be completed prior to the applicant/landowner seeking Council to approve and date the Plan of Survey on the subject land.

All noise ameliorative works required within the relevant building(s) shall be; • incorporated into the building design(s) prior to the applicant/landowner seeking Council (or private certifier) approval for a development permit for carrying out building works on the subject land; and • incorporated into the building(s) prior to commencement of use of the building.

ADVICE

1. Current requirements and estimates of development and headworks contributions may change when elements of the Cairns City Council Infrastructure Charges Plan (ICP) are adopted.

B. That Council undertake a consequential amendment to the Planning Scheme for the Balance of the City of Cairns pursuant to Section 6.1.34 of the Integrated Planning Act to amend the Planning Scheme for the Balance of the City of Cairns to include land described as Lot 145 on RP910472 Parish of Smithfield in the Residential 1 zone.

EXECUTIVE SUMMARY:

Council is in receipt of a combined application seeking a Development Permit to include land described as Lot 145 on RP910472 Parish of Smithfield located adjacent to the Captain Cook Highway, Palm Cove into the Residential 1 zone to facilitate the reconfiguration of the subject land into three (3) residential allotments.

The subject land is zoned Rural within the Planning Scheme for the Balance of the City of Cairns and has a total site area of approximately 2203m2.

Approval of the application is recommended subject to reasonable and relevant conditions.

BACKGROUND & PROPOSAL

Council, at it’s Planning & Development Committee meeting held on 10 October, 2000 resolved to grant approval to reconfigure land described as Lot 100 on RP910472 into 133 residential allotments surrounding the land, the subject of this application. To the extent relevant, the same conditions of approval have been imposed upon the applicant for the subject application.

The application placed before Council now seeks to include Lot 145 within the residential estate by way of a Material Change of Use and reconfiguration application to create three (3) residential allotments and new road.

It is noted that the reconfiguration component of this application includes an 851m2 allotment, which was approved as part of the reconfiguration of Lot 100 being Lot 10 as illustrated at Appendix 1. The current application seeks to reconfigure this approved allotment, however the overall yield of residential allotments for the entire estate has increased by three (3) as a result of the applicant acquiring Lot 145.

A proposal plan is contained at Appendix 2.

TOWN PLANNING CONSIDERATIONS:

Strategic Plan

The Preferred Dominant Land Use of the subject property is Urban under the Strategic Plan for the Balance of the City of Cairns with the property being specifically designated for residential development through its inclusion within the Residential Housing Diagram forming a component of the Strategic Plan.

The proposed development is in accordance with the intent of the Strategic Plan and is consistent with the surrounding land use.

Intent of the Residential 1 Zone

The intent of the Residential 1 zone is to provide for residential development predominantly in the form of single detached dwellings.

The proposal is in accordance with the intent of the Residential 1 zone.

Allotment Size & Dimensions

Part E of the Planning Scheme for the Balance of the City of Cairns requires a minimum allotment size of 600m2 in the Residential 1 zone with a requirement to include a rectangle measuring 15m x 20m suitable for building purposes in each of the proposed allotments.

The proposed subdivision provides for three (3) residential allotments with each allotment having an area greater than 600m2 able to contain a rectangle measuring 15m x 20m suitable for building purposes.

The proposed reconfiguration complies with the planning provisions for development in the Residential 1 zone.

It is noted that the Department of Main Roads requires the applicant to create an additional freehold allotment having a width of six (6) metres located adjacent to the Captain Cook Highway which will form part of the noise amelioration works for the development. The allotment will be transferred to Council as conditioned by the Department of Main Roads.

Traffic & Access

Access to the subject property will be from the north via an extension to the approved road through Stage 1B of the adjoining development. This approved road in turn gains access from Foley Road to the north of the subject site which is to undergo upgrading as part of conditions of approval to service the residential estate.

No direct access to the Captian Cook Highway from the subject property is permitted as conditioned by the Department of Main Roads.

Public Notification

The application was advertised in accordance with the notification requirements of the Integrated Planning Act and no submissions were received.

HEADWORKS / CONTRIBUTIONS:

The following Headwork Contributions are applicable to the development application.

CALCULATION COMMENT CONTRIBUTION Water $3296/EDC x 3 EDC As per Council’s Headwork Policy $9,888.00 Sewerage $3089/EDC x 3 EDC As per Council’s Headwork Policy $9,267.00 Traffic No contribution required Nil Drainage No contribution required Nil Park Contribution of Park area satisfied by Consent Order (dedication of land)

Neil Beck Brendan Nelson Planning Officer Manager, City Assessment

APPENDIX 1

APPENDIX 2

PLANNING, DEVELOPMENT AND COMMUNITY SERVICES COMMITTEE MEETING 7 17 APRIL, 2001

RELAXATION OF A PLANNING SCHEME REQUIREMENT – CAR PARKING DISPENSATION – 33-63 ALFRED STREET MANUNDA

Belinda Jackson: 8/20/1-54 : 284868

PROPOSAL: CAR PARKING DISPENSATION

APPLICANT: BROWN & ROOT PO BOX 7783 CAIRNS QLD 4870

LOCATION: 33-63 ALFRED STREET, MANUNDA

PROPERTY: LOT 4 ON RP746531, PARISH OF CAIRNS

ZONE: BUSINESS ZONE

STRATEGIC PLAN: MAJOR BUSINESS DISTRICT

DCP: DCP 2 – PRECINT 7

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: 11 MAY 2001

DIVISION: 7

APPENDIX: 1. SITE LAYOUT PLAN

LOCALITY PLAN

RECOMMENDATION:

That Council accept the provision of nine hundred and eighty (980) car parking spaces in the configuration detailed on drawing number 00.04A dated 14 December 2000, for the renovation and refurbishment of Festival Fair Shopping Centre located at 33-63 Alfred Street, Manunda, and described as Lot 4 on RP746531 subject to the following conditions.

Assessment Manager Conditions

1. The car parking located in Koch Street must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer.

2. The vacant land in the south east portion of Lot 4 on RP746531, indicated on Plan 00.04A shall be retained as open space for a period of twelve (12) months after the completion of the renovation and refurbishment. Following this twelve (12) months, Council Officers will undertake a review of car parking demand to determine if it is being met by the car parking supplied on-site and in Koch Street to the satisfaction of the Chief Executive Officer.

EXECUTIVE SUMMARY:

Council discretion is sought to relax ninety-eight (98) car parking spaces of the required nine hundred and eighty (980) to facilitate the refurbishment and renovation of the Festival Fair Centre. The proposed provision of nine hundred and eighty (980) car parks is considered sufficient to meet the parking demand, however as a precautionary measure a condition has been included within the recommendation that facilitates the review of car parking demand following the completion of the development. In accordance with Section 4.3.3 (l) of the Planning Scheme for the Part of the City of Cairns the dispensation is considered appropriate due to:

• the likelihood of the generation of a less than normal peak parking demand, including requirements for staff;

• the proximity of the site in relation to existing public parking areas;

• the nature of the proposed use and existing use on the site; and

• level of public transport and pedestrian accessibility.

TOWN PLANNING CONSIDERATIONS:

Proposal

It is proposed to renovate and refurbish the Festival Fair Shopping Centre. The proposed renovation and refurbishment involves the demolition of the existing markets and gymnasium buildings, construction of a new discount department store named ‘The Warehouse’ in their place and linking this new store to the existing centre with an extended mall and reconfigured speciality shops.

The gross floor area of the proposed additions to the shopping centre do not exceed the area of the buildings to be demolished and the redevelopment of the site will result in a net decrease in gross floor area. Therefore the application does not trigger an application for a Material Change of Use on the scale and intensity criteria.

It is noted that the redevelopment will involve the start of a new use, being ‘ The Warehouse’ retail outlet, however this use can be defined as a shopping centre as it does not exceed 4000m². A shopping centre is self-assessable development within the Business zone and therefore no formal town planning approval is necessary, however the relevant provisions and requirements contained within the Planning Scheme will need to be met.

In order to facilitate this renovation and refurbishment, the Planning Scheme for the Part of the City of Cairns requires the provision of nine hundred and eighty (980) car parking spaces. The proposed development is ninety-eight (98) spaces short of this required amount and therefore Council is in receipt of a request for car parking dispensation.

Impact of Proposal

The requested dispensation is justified having regard to the following:-

a) The location of the site in relation to existing public car parking on Koch Street provides reasonable grounds for granting dispensation. Koch Street contains ninety (90) car parking spaces that are currently used predominantly by customers and staff of the Fesitval Fair Centre. Due to this there is less demand for on-site parking. b) The demographic profiles of the Manunda, Mooroobool and Manoora areas means that a high proportion of customers to the Festival Fair Centre use public transport, taxis or arrive as pedestrians. For this reason the Festival Fair Centre has a taxi rank and a Sunbus terminal that serves as a transit stop for numerous bus routes. The new tenancy mix will be similar to the historical mix and is unlikely to influence the customer profile or associated transport modes. c) Informal surveys suggest that the main rear on-site car parking area has never approached full utilization (maximum utilization 50-60%). From this it can be derived that a significant increase in the total customer base can be readily accommodated by the existing parking provisions. d) When considering parking requirements for staff, research carried out by the applicant indicates that staffing levels in discount apartment stores are around half that required for supermarkets. Hence, the proposed development is likely to generate a less than normal peak parking demand for staff. e) For a shopping centre to be financially viable, the owner must be sensitive to customer convenience to be competitive with other centres. If car parking utilization unexpectedly increases to the point that convenience is compromised, the owner has indicated that sufficient vacant land in the south-west corner of the site exists for the provision of one hundred and twenty-four (124) additional spaces. An appropriate condition has been included within the recommendation reflecting the potential of this existing vacant land being used for car parking.

Given the surplus of car parking located in Koch Street, existing low demand for parking, the demographic profile of the area and the nature of the proposed renovation and refurbishment, the requested car parking dispensation is considered appropriate.

Belinda Jackson Planning Officer Action Officer

Brendan Nelson Manager – City Assessment

APPENDIX 1

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTTEE 8

17 APRIL 2000

APPLICATION FOR A RELAXATION OF A PLANNING SCHEME PROVISION – CARPARKING & SETBACK REQUIREMENTS – HOSTEL (MEDIUM DENSITY) 23-25 MARANOA STREET

Julie Cardiff:CLP : 8/20/1-56 : 282889

PROPOSAL: APPLICATION FOR A RELAXATION OF A PLANNING SCHEME PROVISION – CARPARKING & SETBACK REQUIREMENTS – PROPOSED HOSTEL(MEDIUM DENSITY) 23-25 MARANOA STREET (MEDIUM DENSITY)

APPLICANT: JB DESIGN PO BOX 1744 CAIRNS 4870

LOCATION: 23-25 MARANOA STREET PARRAMATTA PARK

PROPERTY: PROPOSED LOT 12 SP132561 BEING LOT 12 RP701307 & LOT 1RP702104, PARISH OF CAIRNS

ZONE: MEDIUM DENSITY RESIDENTIAL

STRATEGIC PLAN: MIXED USE AREA 6

DCP: DCP1 (400P/HA) DCP2 PRECINCT 5

DIVISION: 6

APPENDIX: 1. SITE LAYOUT PLAN

LOCALITY PLAN

RECOMMENDATION

1. That Council relax the following provisions of the Planning Scheme for the Part of the City of Cairns, to allow the re-use of existing buildings located at 23–25 Maranoa Street, Parramatta Park on land described as Lot 1RP 702104 and Lot 12 RP701317, as a Hostel (Medium Density) :

a. Setback requirements indicated in Clause 4.6.109 (a) ii of the Planning Scheme Provisions and in Clause 4.5 (D) of Development Control Plan 2, in accordance with JB Design Job No 01-013 Drawing No S1 dated September 2000,

b. Parking requirements, contained in Clause 4.3 of the Planning Scheme, for 7 car parking bays to be provided onsite, provided that one mini bus parking bay is available onsite.

2. That Council advise the applicant that onstreet works, in accordance with Clause 4.2 of the Planning Scheme, are required to be completed to the satisfaction of the Chief Executive Officer prior to the commencement of the use. These works include the following:

• provision of a concrete footpath for the full frontage of the property to Maranoa Street;

• construction of sealed pavement between the edge of the existing bitumen and the kerb and channel for the full frontage of the property to Maranoa Street;

• replacement of damaged sections of kerb and channel for the full frontage of the property to Maranoa Street; and

• line marking of parking spaces for the full frontage of the property to Maranoa Street.

4. That Council advise the applicant that the site must be amalgamated prior to the commencement of the use, in order to achieve the minimum area (1000m2) for a Hostel (Medium Density) under Clause 4.3 (a) (i) of the Planning Scheme Provisions.

EXECUTIVE SUMMARY An application has been submitted to Council requesting relaxation of Planning Scheme provisions for car parking and setbacks, for a Hostel (Medium Density) located at 23-25 Maranoa Street, Parramatta Park. The Hostel comprises 2 existing buildings, being a dwelling and a block of 7 flats. With the exception of car parking and setbacks, the proposal can meet the Planning Scheme requirements. It is recommended that the request for relaxation be approved.

TOWN PLANNING CONSIDERATIONS

PROPOSAL Council has received a request for a relaxation of Planning Scheme provisions for car parking and setbacks for a Hostel (Medium Density) at 23-25 Maranoa Street Parramatta Park.

Planning Scheme

The Strategic Plan indicates tourist accommodation as a preferred use for the subject site. The site is zoned Medium Density Residential with a residential density of 400 persons per hectare (DCP 1 Residential Densities). A Hostel (Medium Density) forms a self assessed use within this zone, provided that the site has a minimum area of 1000m2 and the development is compliant with all provisions of the Planning Scheme.

In this instance the proposed Hostel is in accordance with the Planning Scheme provisions with the exception of car parking and setback requirements.

Car Parking The Planning Scheme requires hostel developments located outside the City and North Cairns to provide car parking at the rate of 1 space per 5 beds, plus a bus parking bay. The proposed development generates a requirement for 7 car parking spaces and one bus parking bay. However, based upon the level of pedestrian accessibility of the site and the nature of the use, the applicants submit that the actual parking demand generated by the development will be significantly less than that required by the Planning Scheme.

Other than a single bus bay, the layout of the site at 23 –25 Maranoa Street does not allow the provision of parking. Council has previously allowed a relaxation of car parking requirements for a Hostel at Bunting Street, Westcourt, in similar circumstances. Other, existing hostels in Terminus, Scott and Bunda Streets, Parramatta Park make only very limited provision for on site car parking spaces, with little adverse impact upon on-street parking. It is recommended that Council approve a relaxation of the requirement for 7 on-site car parking bays, provided that an on-site mini-bus parking bay is included within the development.

External Works

The Planning Scheme requires that external works (sealed road verge, kerb and channel and footpath) be provided for the full frontage of the development, prior to the commencement of the use. At present there is no footpath and the road verge is grassed.

Setbacks

Setbacks for the subject site are indicated in the following table:

Boundary Required Setback Actual Setback Front boundary 6 metres (under Clause 2.98 metres 4.6.9 (ii) of the Planning Does not comply - see Scheme Provisions) report below Side boundary (North 2 metres (under DCP 2 3.7 metres eastern) Precinct 5 ) Complies Side boundary (South 2 metres (under DCP 2 0.3 metres western) Precinct 5 ) Does not comply – see report below Rear boundary 2 metres (under DCP 2 6.4 metres Precinct 5 ) Complies

Council has recently advertised an amendment to its Planning Scheme Provisions to facilitate the re-use of older buildings by allowing relaxation of strict setback requirements. The buildings on site, originally constructed as a detached dwelling and a block of 7 flats, are of older-style timber and corrugated iron construction, circa 1930.

Front and southwestern side set backs are non compliant. The front setback is considered adequate as it is in keeping with other, existing development in Maranoa Street.

The building closest to the southwestern side boundary, which was originally constructed as 7 flats has a setback of only 300mm. While this setback is minimal, it is characteristic of development in older areas of Cairns and is considered acceptable on this basis. Should the Hostel development proceed, a Development Approval for Building Work (a change in Classification from Class II to Class III) would be required.

Fire protection for the wall adjacent the southwestern side boundary would need to be addressed at this time. Preliminary advice from Council’s Building Certification Section

67 suggests that an external sprinkler system may be required due to the proximity to the side boundary.

Julie Cardiff Brendan Nelson PLANNING OFFICER MANAGER – CITY ASSESSMENT Action Officer

APPENDIX 2

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 9 17 APRIL 2001

COMMUNITY DEVELOPMENT MONTHLY REPORT

Leslie Sparkes:KG : 1/58/10-01: #281647

RECOMMENDATION:

That this report be noted.

INTRODUCTION:

Acting Team Leader of Community and Cultural Development (Terri Golding-Clarke)

Team Support

Establishing networks to promote and heighten the profile of the community and Cultural Development Team, the actions that I took to accomplish this included:

• Facilitating the redirection of the Youth Mentoring Reference Group; • Guest speaking at the Year of the Volunteers Committee; • Relationship building with the Regional Reconciliation Council; • Relationship building with community and Government organisations; and • Facilitated a brainstorming workshop with Indigenous Cape Health Workers at the Cairns College of Tafe.

Participated in fortnightly teleconferences with LGAQ, Brisbane to assist in organising state-wide community development conference.

Community Planning and Development Officer (Joy Wii)

• Assisting in Community Safety position and began familiarisation of the issues contained within the position of Community Planning and Development Officer.

• Responded to Chamber of Commerce concerns regarding the increased use of the Methodone Clinic situated at the Shields Street Day Night Pharmacy.

Homeless Persons Issues

Visited alternative land sites for possible shelters for long term street people who do not want to live indoors.

• Liaised with Case Manager, Mareja Bin-Juda, to address priority concerns for homeless people. These include health, accommodation, and the fact that some homeless people have no way of getting back to their communities.

• Liaised with Workplace Health and Safety, Community Health regarding homeless people with “Norwegian Scabies”.

Alcohol Management Issues

Met with the two representatives from Liquor Licensing Division and their State Manager over the issue of free tickets being handed out by 3 venues, because the city is quiet and they are trying to increase liquor sales. Liquor Licensing have looked into the situation and will work with the Acting Safety Officer and Community Planning and Development Officer to address the situation.

Community Safety (Fiona Norman)

Community Development Financial Assistance Grants

Met with community groups to assist preparation of the Financial Assistance Grants applications, and liaised with the reference group in determining roles and responsibilities. The Code of Conduct was sent out to the reference group members for signature. Acquittals were also processed, with a high level of compliance.

Security Issues

• Carried out authorisation and training in the operation of the CCTV equipment, which included familiarisation with monitoring equipment and the Code of Conduct. Received authorisation for stand-by and entry to Council after hours.

• Began safety audit report for Mooroobool in conjunction with Mooroobool Neighbourhood Liaison Officer. Findings from this report to be presented at the next Community meeting.

• Investigated issues with the expansion of the security contract to include the Esplanade Redevelopment.

Neighbourhood Liaison Officer (Antonio Pinto)

Neighbourhood Dispute Resolution

Began project to work in conjunction with the Dispute Resolution Centre and act as conflict mediator between neighbours. Primary contact was with the Department’s Manager, Janice McFadden, where discussions were made on issues relating to neighbourhood conflict resolutions and training availability.

Community Market

The market is to be developed within the area of the Community Centre, with locals being the main supplier of fresh vegetables and other items. This is to introduce healthy foods to the Mooroobool residents, and give opportunities for trading, business introduction and self-training. The Community Market started on 22 March and ran from 4.00pm – 7.00pm within the community centre boundaries. The number of shoppers was approximately 35.

Community Service

This service provides people with unpaid fines, a variety of duties to perform on behalf of the community. Workers are provided by the Queensland Corrective Service. The 2 workers allocated to Mooroobool in March performed duties including cleaning inside and outside the centre and distributed flyers for approximately 32 hours.

Computer Room

There have been 4 computers installed at the community centre. Programs operate from Monday to Friday from 8.00am – 4.00pm. The computers were fully installed by educational programs, supplied by the Balaclava State School. The computer room is designed to add value to the area and allow members of the community to upgrade their computer skills. The room is available for all members of the community.

Community Relations Officer (Deevah Melendez)

LAMP (Local Area Multicultural Partnership)

Reports

• Assisted in writing a business plan in consultation with the Cairns Multicultural Committee and various other multicultural groups, for the Centenary of Federation Celebrations.

Projects

• The Officer has been liaising with a consultant representing the Multicultural Development Association in Brisbane, regarding support to hold a forum at the Civic Reception room in May. The forum will examine issues related to the Multicultural Disability Research Service Development Project.

• Held a meeting at the Anti-Discrimination Commission Queensland with the Council’s Training and Development Officer to discuss ADCQ training to be held in Council later in the year.

• The first of the Cairns Peace Week community consultations have begun at the offices of the ADCQ. Cairns Peace Week will be held from 21 – 29 July, just after NAIDOC week celebrations.

Arts and Cultural Planning and Development Officer (Elizabeth Brown)

• Finalised selection process for the new members of the Arts & Cultural Reference Group. RADF training, facilitated by Queensland Community Arts Network, for this group has been booked for early June. Through consultation with the community, the officer will identify potential members and invite them to participate in the June training.

• Completed bid to Arts Queensland for the RADF partnership. Through this process, the need for a strategic approach in the distribution of the funds has been identified. In addition, with assistance of Simon Tait (Arts & Cultural Reference Group member), completed the Arts Queensland 1997/1998, 1998/1999 (combined) and 1999/2000 Annual Reports.

• With the assistance of the Community Development Officer, Joy Wii, submitted a funding application to ATSIC for an Indigenous Liaison and Policy Officer.

Officer of Community Development Youth (Terri Golding-Clarke)

Project

The Child Nutrition Proposal to Department of Health Queensland, is now completed and has been forwarded to Canberra. Component of the projects concept is very relevant to isolated Indigenous communities. I am to forward the concept on to Cape communities to be used as models.

Youth Action Committee (YAC)

Newly designed brochures and two quarter page advertisements in Barfly have been used to recruit new members. New members and mentors are joining rapidly and it was evident at the last meeting in March that members are wanting to be pro-active in their approach. A plan will be put together on Tuesday, 10 April to identify projects that YAC will be involved in.

Networking

Communities, reference groups and community organisations that I have partner- shipped with include:

• Year of the Volunteer Committee • YouthLink • YETI Youth Service Network • School of Distant Education • Cape Secondary Schools Committee • Cairns Tropical Health Unit • Domestic Violence Education Program

West Cairns Youth Development (Lee Strock)

Community Renewal Project, March 2001

Main projects/activities:

• Arranged for Community Renewal Calendar photo shoots with community members, youth and schools.

• Delivery of two day Peer Support Workshop to 20 young people, and 6 staff from Trinity Bay High and Woree High School.

• Participated in planning of a Youth Video Nite, held at Idinji Youth Welfare.

• Supported residents, who wished to object to the proposed bottle shop in Manoora.

• Assisted DFYCC Juvenile Justice with a venue for Monday night group.

• Produced Community Renewal Newsletter in conjunction with Project Team.

• Assisted parents, with applications to the Far North Youth Assistance Fund.

• Attended a session with a family and the Family Support Co-ordinator, to provide youth information and assistance.

• Supported 2 TAFE students with their course.

• Participated in the organisation of the “Manoora Munchies” healthy eating and cooking program.

• Promotion of activities to local radio, school and newsletters including delivery of flier promoting Centrelink Youth and Students Services outreach.

West Cairns Acting Community Liaison Officer (Louise Backhaus)

Community Renewal Project March 2001

• Surveyed approximately 80 households to gather community feedback on the application for a liquor outlet opening in the vicinity of the Community Renewal area.

• Commenced working from the Untapil Community Centre, Tuesdays 9.00am – 4.30pm, Wednesdays to note resident’s questions about tenant support, youth and recreation activities happening in Manoora, and family support issues.

• Distributed applications for employment opportunities with the 2001 Census to community members, who participated in the previous skills audit/traffic survey and to other interested residents.

Museums Development Officer (Maria Friend)

Exhibition Projects

• RSL Cairns: 100 years of Australian Army presented at Cairns City Council - technical assistance with project development and mounting.

• Friends of Cominos House: 2 meetings regarding development of the permanent historical display at the House.

• Dr Koch Foundation: 4 meetings; assistance with the annual History of Tropical Health exhibition, to be presented in June at the Casino (concept development, identification of suitable themes and artefacts, technical advice).

• “Old Man Fog” – a touring exhibition organised by the Queensland Museum; booking venue in Cairns (The Tanks Art Centre) to coincide with NAIDOC week; technical assistance.

• “Remembrance” exhibition and art competition to be organised by The Beck Museum at Mareeba at the Tanks Art Centre; advice regarding the venue, sponsorship, promotion and the organisation of the event.

Workshops Organised

• “Significant Events” – museums and galleries training workshop for planning and marketing Centenary of Federation project; 24 & 25 March; attended by approximately 40 participants from Cairns, Innisfail, Mareeba, Cooktown and Laura (organised in conjunction with Museums Australia Queensland Training Programs).

• Accessioning of objects – workshop held at the Gordonvale Museum on 14 March.

Australian Museums Queensland Conference – Cairns 15 – 16 September 2001

• The MDO participated in two teleconferences, during which the final program of the Conference was finalised (over 30 submissions addressing the major Conference themes were received) and the technical support required for the Conference was discussed. Particular attention was given to the organisation of the Conference dinner the Tanks Art Centre.

Community Support Co-ordinator (Kareen Pillar) & Family Support Worker (Kellie Burton)

Aim

To strengthen and develop the Southern Suburbs community by providing support and assistance.

Summary March 2001

Hambledon House Activities February No. of Hours of Community Access to Community 120.5 hrs Meeting Rooms

No. of different Groups Accessing this month 22 Groups

No. of appointments provided by Community Support Worker away for 2 weeks Co-ordinator to Groups & Individuals conference and recreation Hours leave 12 Groups/Individuals 29.5 hrs

No. of counselling appointments provided by Family 21 clients Support Worker to Families 46 hrs Hours

No’s of Community members accessing reception for 509 residents information and resources

Hambledon House Community Centre Current Projects

Projects Progress Expected Completion International Year of the Received grant from Federal December 2001 Volunteer Project Government $5,000. Still awaiting response from State Government. Community Centres Week All staff and Steering June 2001 Committee members are heavily involved in preparations Community Development Community Support Co- June 2001 Benchmarking Project ordinator working on state project with LGAW for establishing Benchmarks for Community Development practices. Preparing workshop for Far North Councils to review project proposal. Preparing for Parenting Four expectant mums and two Completed Course support persons attended. Feedback strongly indicated that the sessions met their expectations. Sole Parents Support Ongoing support through June 2001 Group establishment stage

Graft’n’Arts (Marie Peart & Team)

Youth and Community Arts Workshops

• 8 workshops – centre based 33 per week

• Young people attendances 284

• Adult attendances 304

• JUTE and various actors have been utilising the dance floor area for Kamikaze Kabaret rehearsals, personal workshops and photo shoots.

• The screen printing and photography darkroom areas have been utilised for artwork and various projects.

Special Projects and Events

• Expressions of interest for the Graft’n’Arts and Hilton Cairns Community Art Exhibition were received. Hilton Cairns selected artwork to be displayed for the next exhibition. The official launch for the exhibition, named “Farrago”, is on Wednesday, 18 April.

• Wilderness Society and CAFNEC utilised Graft’n’Arts venue to hold a fundraiser night.

Multi-media Workshops

• Graft’n’Arts, in conjunction with Kick Arts and TAFE, held a weekend seminar with Brisbane multi-media artist Keith Armstrong (from Queensland University of Technology), which outlined digital media and digital video camera information. This is part of the ongoing Digital Media Alliance between the three organisations funded through Arts Queensland.

• Currently developing layout for local information packages for Centenary of Federation events as well as internal and external Council Newsletters for the Public Relations Department.

• Support for emerging young artists involved in the Conflux International Residency Project in the form of media lab and internet access. Also, media lab support for emerging music band Ribbed For Pleasure.

• Meetings have started for Little Day Out. Youth volunteers have been accessing the lab, creating graphics and artwork for this event and the general public are still utilising the lab for flyers, banners, etc.

• Internal newsletter for Graft’n’Arts is currently underway. Rob Eakin, our Lab Technician, has been successful in his application for funding through Youth Arts Queensland and to produce the Little Day Out website as a Mentoree in the Mentoring Relationship Program, which is funded by Arts Queensland. Total attendances in the lab was 110.

Weaving Boundaries

• Consultation with community groups took place during this month, with multi- media survey sheets going out to members of the multi-cultural community. Once feedback has been received regarding communities needs, workshops will begin. It is anticipated that the workshops will commence in the last week of April or early May.

• Several multi-cultural communities, involved in the Centenary of Federation Celebrations, will be participating in the Weaving Boundaries multi-media project in order to assist their groups to create flyers, programs, community service announcements, etc for their upcoming events.

Outreach Projects

• Dimbulah - Graft’n’Arts has begun its residency in the Dimbulah region in a partnership with Walsh River PCAP Cluster and the Dimbulah Lions Club. A total of 300 young people from the four local schools are participating in workshops including stilt dancing, banner making, costume construction and Brazilian drumming. This is in preparation for a spectacular community performance/parade for the final Dimbulah Tobacco Festival. The theme is sharing stories/creating futures.

• Edmonton – we have begun workshops with young people in Brazilian Drumming and stilt dancing to prepare for a performance for Community Centre’s Open Day at Hambledon House on 5 May, with 10 to 15 participants aged 11-16 years old.

Libraries (Kass Gardiner & Team)

Projects

• Schools Cultural Festival • Nestle Write Around Australia competition • David Malouf – meet the author events

March-01 Babinda City Info Desk Ed'ton G'vale Manunda S'field S'ford Woree Total No of days open 27 27 22 27 27 21 27 27 27 Loans 1961 29648 5224 6121 8092 18225 3604 8753 81628 Extensions 250 5064 779 988 1071 3767 579 1134 13632 Loans + Extensions 2211 34712 6003 7109 9163 21992 4183 9887 95260 Returns 1930 29277 5561 6354 8363 19296 3891 8726 83398 Circ by staff hour 25 51 68 39 61 46 52 48 Members added 19 554 73 36 58 165 14 65 984 Borrowers active 536 19896 1480 1265 2466 4905 816 1917 33281 Door count 3500 55984 6212 5811 8256 18980 4031 8755 111529 Queries Reference 67 262 689 163 39 117 108 73 132 1650 General Total 440 6632 988 488 1964 1318 893 1775 14498 Total queries 507 6894 796 1151 527 2081 1426 966 1907 16255 Queries by staff hour 3 64 72 7265 Internet hours booked 73 645 78.5 36 139 256.5 92 164 1484 Council office queries 112 00 080 0 979 0 0 1171

Tanks Art Centre (Lee-Ann Forsyth & Ross Bell)

Venue Hire

Venue Hire Attendance Tropical Paradise Walks 75 Museums Development 34 Footnotes Dance School 920 Swingroc Dance 201 Flamenco Rhythm 18 Arts Law 7 Humbug Designs 15 Bonemap Rehearsals 63 Band Rehearsals 3 “Barefoot” Rehearsals 8 Mens Dance Rehearsals 11 Labour Party Launch 150 Private Dance Rehearsals 1

Outcomes

• 13 organisations/individuals – 1506 attended • Number of events in March – 98 • Site inspections – 18 • 2 volunteers – 22.5 hours

Special Projects and Events Update 2001

• R.F.D.S. “Great Escape” Fund Raiser • C.H.O.I.C.E. Exhibition April

All other considerations were reviewed and deemed not applicable

Leslie Sparkes Manager, Community Development

Peter Tabulo General Manager, City Development

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 10

17 APRIL 2001

ANGUS & ROBERTSON BOOKWORLD STOCKLAND EARLVILLE – LIBRARY MEMBER PROMOTION

Kass Gardiner : 1/58/10-01: 276433

RECOMMENDATION: That Council approve and support the proposal from Mr Don Levick of Angus & Robertson Bookworld Earlville to credit 10% of the bookstore’s sales to Library Service members to a credit account with his store for the Library Service to purchase library materials. That the acceptance be for a trial period of 6 months; and That Council record its thanks to Mr Don Levick for his support of the Library Service. Council endorses any similar offers which may arise.

INTRODUCTION:

Angus & Robertson Bookworld Earlville would like to support the Cairns City Library Service by offering the Council an opportunity to increase the Library Service’s book collection at no cost to the Council.

BACKGROUND:

The proposal is that:

When Council library members shop at Angus & Robertson Bookworld Earlville, 10% of the purchase price of the merchandise will be credited to a Council Library Service credit account. Periodically, the Council will be advised of the balance of the account and this will allow the Library Service to purchase, from that shop, books to the value of the account.

COMMENT:

Library Service staff are informed that:

• A similar scheme has been successfully operating in Taree for some years. There is no formal or legal contract between the Taree Library and the local Angus & Robertson bookshop;

• Angus & Robertson bookshops are individually franchised so they are able to operate individually in such schemes;

• There is no discount for the Angus & Robertson Bookworld Earlville customer.

This scheme would supplement the Library Service’s book grant from the State Government, which would continue to be dispersed via the range of book suppliers currently used.

This is an innovative opportunity for the Library Service to partner with a local business. The Council benefits from this generous offer in terms of increasing its bookstock with new items at no cost, and the community benefits from the increase in its lending collection.

This is an opportunity to demonstrate to the community that the Council and the Library Service are willing partners of local businesses.

Acceptance of this proposal with Angus & Roberston at Earlville, would not preclude any additional arrangements with other bookstores if they also wanted to support the Library Service with a similar project.

Acceptance of this proposal should include a termination agreement, if the project is considered inappropriate by either party.

CONSIDERATIONS:

Statutory:

Nil

Policy:

The Library Service has traditionally not been directly associated with advertising commercial enterprises.

This partnership would require that the Library Service advertise this promotion in each of its branches.

Financial:

There is no cost to the Council.

The financial benefit to Council is unknown at present. A trial period would allow assessment of the project.

Social:

The community will benefit from this proposal by having its book collections increased.

The Library Service’s usual suppliers will not be disadvantaged because the State Government’s book grant would continue to be used in purchasing from its usual LGAQ preferred suppliers. The Council and local business can be seen to be mutually supportive.

CONSULTATION:

• Library Service Management Team • Library Service Librarians Group • Community Development Manager • State Library of Queensland – Assistant Director, Information Management

OPTIONS:

1. To adopt and support this proposal;

2. To accept the proposal for a trial of 6 months, and to confirm support if the trial is deemed successful and of benefit to the Council;

3. To decline this proposal.

CONCLUSION:

Council is requested to approve and support this proposal for a trial of 6 months, and also to record its thanks to Mr Don Levick of Angus & Robertson Bookworld Earlville for his support of the Library Service.

All other considerations were reviewed and deemed not applicable

Kass Gardiner City Librarian

Leslie Sparkes Manager, Community Development

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 11 17 APRIL 2001

LIBRARY SERVICE – INTERNET CHARGING FOR NON MEMBERS AT THE CITY LIBRARY

Kass Gardiner: gal : 1/53/1-03: 283110

RECOMMENDATION:

That Council charge non-library members a fee of $2.00 for access to the Internet in the City branch only;

That this charge be implemented for a trial period of 6 months; and

That the process be monitored over the trial period.

INTRODUCTION:

The Library Service currently provides free Internet access to all customers. Customers of the Library Service are defined as members and non-members.

The Library Service was requested to investigate the issues and possibility of introducing fees for Internet access for non-library members

BACKGROUND: The Library Service has ten (10) Internet terminals available in the eight (8) branches, with 1 terminal being available in each branch except the City where there are 3 terminals.

All customers are required to make a booking in order to use the Internet. A maximum of three (3) bookings are allowed per customer per week.

The table below shows the number and location of Internet terminals in the branches, as well as the number of booked hours per calendar month.

Babinda City E’ton G'vale Manunda S'field S'ford Woree Total No of Internet 1 3 1 1 1 1 1 1 10 terminals per branch Opening hours per 148 200 152 172 152 190 140 180 4 week month

October-00 61 651 33 115 112 87 144 144 1347 November-00 97 603 49 111 148 101 52 66 1227 December-00 50 561 53 84 96 124 62 115 1145 January-01 70 559 57 122 145 125 122 141 1341 February-01 64.75 595 58 115 134 137 43.5 121 1268.25 March-01 73 645 78.5 36 139 256.5 92 164 1484

Customers are unable to print or down load material at the present time, however Information Services are presently producing a new image for the Internet so that printing can be made available.

COMMENT:

There are a number of philosophical and economic aspects to be considered. Libraries and library staff have an ethical commitment to provide information free of charge to customers.

The Library Service provides free access to all the materials it has available. These materials include books, magazines newspapers, videos, CD Roms, talking books and the Internet.

The question as to whether library services affect commercial Internet businesses could also be made in relation to video stores, newsagents and bookshops. For example, the Library Service offers customers free access to videos, newspapers, magazines and books, however, the public library has traditionally traded along with local video stores, newsagents and bookshops, and they have not been disadvantaged.

Whilst free Internet in the City Branch library may be in competition with local businesses, this does not apply to the suburban and more remote branches, where the only access to Internet is the local branch library. The alternative of charging at the City Library and not the other branches contradicts the twin notions of equity of service and access to information across the City as a whole.

The State Library provided a grant of $533,102.00 to Cairns City Council in the year 2000-2001, on condition of compliance with the standards of the State Library Board. The State Library, whilst not advising on issues of Internet charging, clearly supports keeping library services as free as possible. The State Library does not charge its own customers for Internet access. It follows that it may be prudent for Library Services to follow the lead of the State Library in formulating policy.

If a charge was introduced the administration of that new charge would require a Library Service officer to ascertain if the customer is a member, and if not to, to collect the fee and issue a receipt. This would place additional pressure on already stretched Library Service resources.

Membership Availability:

Membership is available to all Queensland residents who can provide 50 points of Identification. Examples of identification include driver’s licence (25 points), rates notices (40 points), bank cards (10 points), etc. A complete list of points is available from any library branch. Visitors may also become members by providing a deposit of $100.00, and a service fee of $11.35. The $100.00 is refundable when the visitor has finished using the library service.

CONSIDERATIONS:

Statutory:

None

Policy:

The Internet Policy previously adopted by the Council was based on the State Library of Queensland policy that provides free access to all customers. This policy would require amendment if charges were introduced.

Financial:

Full cost recovery on Internet use would need to consider:

cost and depreciation rates of hardware cost of software licences and maintenance library administrative support power costs.

The former Chief Information Officer of the IS section calculated full cost recovery at approximately $10.00 per hour. This is not a comparable or competitive business charge.

Investigations reveal that other Library Services vary in relation to the issue of charging non-members. Where charges are made they vary from $2.00 - $5.50 per hour.

Private providers in the Cairns area also vary in terms of pricing, with rates generally between $1.00 - $3.00 per hour. Incentive offers also include free Internet access with a purchased cup of coffee, printing at reduced rates etc.

Social:

Every library service has an ethical commitment to provide information free of charge to any customer - this is an ethic of the library profession and indeed the library industry as a whole. The problem lies in making judgements between perceived recreational / communication pursuits and information. One popular notion is to charge for e-mail use and keep Internet search engines free of charge. However, legitimate information can be sourced via Internet search engines, or e-mail. More and more information is now being made available via e-mail on the Internet. This is particularly true of government and other agency information. If non-members were charged to use the Internet this would decrease the avenue of free access for those people.

CONSULTATION:

Atherton Shire Council Library Service Bundaberg/Burnett Shire Council Library Service Brisbane City Council Library Service Calliope Shire Council Library Service Caloundra Library Service Gold Coast City Council Library Service Herberton Shire Council Library Service Hinchinbrook Shire Council Library Service Livingstone Shire Library Service Logan City Council Library Service Mackay City Council Library Service Mareeba Shire Council Library Service Redcliffe City Council Library Service State Library of Queensland Tiaro Shire Council Library Service Thurwingowa City Council Library Service Townsville City Council Library Service Information Services – Chief Information Officer – Cairns City Council Community Development – Manager – Cairns City Council

OPTIONS:

1. To maintain a free Internet access to all customers in all branches.

2. To charge non-library members a fee for access to the Internet in all branches.

CONCLUSION:

If charges were introduced for non members they would need to be comparable to other library services. ($2.00 - $5.00 per hour)

Collection of an Internet access fee would not be cost effective, given the estimated cost of $10.00 as against the recoverable fee of between $2.00 and $5.00.

All other considerations were reviewed and deemed not applicable

Kass Gardiner City Librarian

Leslie Sparkes Manager, Community Development

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 12 17TH APRIL 2001

SCENIC RESERVE LOT 232 NR 1418 – BRUCE HIGHWAY – BELLENDEN KER

S Keane 19/3/2-15-: 280203

RECOMMENDATION: That Council advise the Department of Natural Resources that it is willing to become Trustee for an area (approx. 8094m²) shown as Scenic Reserve Lot 232 NR1418 on Blinmap number 8063-21412 subject to the following conditions:

• The site is left in its natural vegetated state.

• Council resolve to amend the zoning from Special Purposes to Open Space as part of the Current Planning Scheme Review.

INTRODUCTION:

The Department of Natural Resources is requesting Council’s views on becoming trustee for Scenic Reserve Lot 232 NR1418, Bellenden Ker.

BACKGROUND:

It has come to the attention of the Department of Natural Resources that Scenic Reserve Lot 232 NR1418 does not have a trustee. The area in question is approximately 8094m² and is zoned for Special Purposes (Part).

COMMENT:

Council officers have provided the following advice:

Strategic Planning

Strategic Planning advise they have no problems with the proposal, however the Trust must be such that provision for off street parking for the school can be achieved in the future.

Maintenance & Construction

Offer no objection provided it is understood that the site is left in its natural vegetated state.

City Assessment

City Assessment has no objection to the proposal for Council to become trustee of the Scenic Reserve, however the subject area should be rezoned to “Open Space” as part of the current Planning Scheme Review and Strategic Planning are to be advised of this recommendation.

Precincts & Facilities

Precincts & Facilities advise the following:

• The Public perception for many years has been that Council already acts as Trustee. • There are minimal implications for Council eg – maintenance. • The area is rainforest & provides educational opportunities for the Bellenden Ker School. • The Babinda Task Force is keen to promote the area. • Council should advise DNR of its willingness to be Trustee.

Cairns Water

OFFER NO COMMENTS OR REQUIREMENTS.

Asset Management

Offer no comment.

CONSULTATION:

As per “comment section” of this report.

OPTIONS

1. To take on responsibility for Scenic Reserve Lot 232 NR1418.

CONCLUSION:

To support the application as per the recommendation.

ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE

ATTACHMENTS:

1. Letter of request from the Department of Natural Resources, dated 14th December 2000. 2. Blinmap outling Scenic Reserve, Lot 232 NR1418.

Sharon Keane Administration Officer

Ruth Hennessy Acting Manager – Administration

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 13 17TH APRIL 2001

LEASE RENEWAL – COUNCIL FREEHOLD PART LOT 1 ON RP702955- BABINDA – LESSEESS – S & C NUCIFORA

S Keane : 19/3/3-28: 282723

RECOMMENDATION:

That Council notify Sebastiano & Carmelina Nucifora that it is not in favour of renewing the current lease which is due to expire on the 30/6/2001, over part of Lot 1 on RP702955 as the site may be required for the proposed Babinda Solid Waste Transfer Station, and/or extensions of the operation of Cairns Water activities adjacent to the site.

Furthermore Council advise the Lessee that it has no objection to the harvesting of the current sugar cane crop after the expiration of the lease.

INTRODUCTION:

Sebastiano & Carmelina Nucifora lease approximately 8940m² of Council’s freehold land for the purpose of sugar cane growing.

This lease is due to expire on 30/6/2001, Council has been asked to provide their comments and requirements to determine whether the lease should be renewed.

BACKGROUND:

The lease area in question surrounds the Babinda Sewerage Treatment Works, which Council proposes may be the site for the Babinda Transfer Station and/or extension of the operation of Cairns Water activities adjacent to the site.

The current lease rental on the subject area is $50.00 pa and is for a term of five (5) years. Any new lease prepared will be based on Council’s Schedule of Fees & Charges (presently $638.00) and will be reviewable in accordance with CPI.

COMMENT:

Council Officers have provided the following advice:

Precincts & Facilities

Offer no objection to the renewal offer.

Strategic Planning

Strategic Planning has no objection to the renewal of the lease.

Maintenance & Construction

Offer no comment.

Works & Services

Works & Services advise that the site is one of a number of options under consideration for the Babinda Waste Transfer Station.

City Assessment

City Assessment advise they have no objection to the renewal of the current lease arrangements for a further five (5) years.

Cairns Water

The site may be required for future activities on works associated with the operating of the Sewerage Treatment Works.

CONSIDERATIONS:

Statutory:

Nil

Policy:

Nil

Financial:

Nil

Social:

Nil

CONSULTATION:

As per comments made in the “comment” section of this report.

OPTIONS:

1. To support the renewal of the current lease for a further five (5) years.

2. To object to the renewal for a further term of five years on the grounds that the area in question may be required for the Babinda Solid Waste Transfer Station.

3. To allow S & C Nucifora to harvest the current sugarcane crop after the expiration of the lease.

CONCLUSION:

By not renewing the current lease to Sebastiono & Carmelina Nucifora, Council have the option to utilise part of Lot 1 on RP702955 to operate the Babinda Solid Waste Transfer Station.

ATTACHMENTS:

1. Lease plan outlining current leased area of Council freehold land, Part Lot 1 on RP702955.

Sharon Keane Administration Officer

Ruth Hennessy Acting Manager – Administration

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 14 TH 17 APRIL 2001

CONVERSION OF SPECIAL LEASE 09/47106 . LOT 1 & 2 ON PLAN K8675 - YARRABAH ROAD – TOWN OF KOOMBAL - LESSEE: BAMA NGAPPI NGAPPI ABORGINAL CORPORATION

S Keane : 19/3/3-28: 277286

RECOMMENDATION: That Council advise the Department of Natural Resources that it has no objection to the application from Bama Ngappi Ngappi Aboriginal Corporation to the conversion of Special Lease 09/47106 over Lots 1 & 2 on Plan K8675 to freehold subject to the following:

· A Material Change of Use application is lodged.

· Public access to the Esplanade is maintained.

INTRODUCTION:

The Department of Natural Resources on behalf of Bama Ngappi Ngappi Aboriginal Corporation are requesting Councils views & comments on the conversion of Special Lease 09/47106 to freehold.

BACKGROUND:

The Bama Ngappi Ngappi Aboriginal Corporation currently have a Special Lease (Term Lease) over Lots 1 & 2 as shown on Plan K8675 (attached). The Aboriginal Corporation wish to upgrade the tenure to freehold, for the proposed use/development of “Tourist Guesthouse”.

COMMENT:

Council officers have provided the following advice:

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Asset Management

Asset Management advise that the proposal to upgrade tenure from Special Lease to Freehold, does not impact on Asset Management’s areas of responsibility from an Asset Register Inventory or future Capital Works perspective.

City Assessment

City Assessment advises that no concern is raised with the proposal to convert Special Lease 09/47106 to freehold as both lots are currently zoned “Village”, pursuant to the Planning Scheme for the Balance of the City of Cairns.

The following comments are offered in regard to the intended use of “holiday units/kiosk”

The sites are nominated in the Strategic Plan as “Rural Constrained Land” and are also affected by the Hill slopes Development Control Plan (Category B) where development is only allowed where performance standards can be achieved.

The current land zoning “Village” provides for limited development and the proposed use of Holiday apartments.

Motel or Catering Shop are all impact assessable developments that require a Material Change of Use application.

Precincts & Facilities

Precincts & Facilities offer no objections to the proposal.

Maintenance & Construction

Offer no comments.

Strategic Planning

Strategic Planning has no problems with the change of tenure as long as access to the esplanade is maintained.

CONSIDERATIONS:

Statutory:

Lots 1 & 2 on Plan K8675 are nominated in the Strategic Plan as Rural Constrained Land and are zoned Village.

Policy:

Nil

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Financial:

Nil

Social:

Nil

CONSULTATION:

As per the comment section of this report.

CONCLUSION:

That the application to convert Special Lease 09/47106 to Freehold, be approved subject to conditions outlined in the recommendation.

ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE

ATTACHMENTS:

1 Letter of application from Department of Natural Resources dated18th January 2001.

2 Plan K8675 outlining Lots 1 & 2 – Special Lease 09/47106.

Sharon Keane Administration Officer

David Lawson Manager – Administration

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PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 17TH APRIL 2001 15

PROPOSAL TO ACQUIRE LOT 753 ON NR 5991 AND LOT 38 ON USL 20926

Allan Simpson:vk : 19/1/2-08: #284997

RECOMMENDATION:

That Council advise K F Malone on behalf of Mrs Watson that it does not wish to relinquish control over Lot 753 on NR 5991 being Reserve 1528 – Reserve for Water purposes.

Furthermore, Council advise the Department of Natural Resources that it is not in favour of Lot 38 on USL 20926 being sold.

INTRODUCTION:

Mr. Kevin Malone (Property Consultant and Valuer) on behalf of Mrs. Watson has applied to purchase Lot 753 on NR 5991 – Reserve for Water, which is held in Trust by Council. Lot 753 forms the primary access to the Tunnel Hill Water Treatment Plant.

BACKGROUND:

Mrs. Watson is the registered proprietor of Lot 1 on RP 726219 and Lot 2 on RP 707534, Jenkins Access Road, Redlynch, which is burdened by an easement in favour of Council, for water supply pipes.

Council is the Trustee for Lot 753 on NR 5991 which is a Reserve for Water Purposes and forms the primary access to the Tunnel Hill Water Treatment Plan.

Lot 38 on USL 20926 is a parcel of unallocated State land owned by the Crown represented by the Department of Natural Resources and which cuts through Council’s freehold Lot 2 on RP 730853 being the Tunnel Hill Water Treatment Plan site.

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COMMENT:

Council officers have commented as follows:

Cairns Water

Lot 753 forms the primary access to the Tunnel Hill Water Treatment Plant. It is imperative that this reserve remain under the control of Cairns Water. It is considered that this access road is essential to maintain effective operation of the plant and allow all weather access for heavy equipment and material supplies.

City Assessment

City Assessment has concerns regarding the purchase of Lot 753 in that lawful access to the Tunnel Hill Water Treatment Plant should be retained by Council. Although this may be achieved by developing an easement agreement, it is considered more desirable that Council retain control of Lot 753.

CONSULTATION:

As per the comment section of this report.

Furthermore, as both of the subject parcels are owned by the Crown represented by the Department of Natural Resources, any sale is subject to their approval based on Council’s comment.

OPTIONS:

1. To object to the sale of Lot 753 on NR 5991 and retain the parcel under Council’s control.

2. To approve of the sale of Lot 753 on NR 5991 and negotiate an easement to secure access to the Water Treatment Plant.

CONCLUSION:

That Council object to the sale of both Lot 38 on USL 20926 and Lot 753 on NR 5991.

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ATTACHMENTS:

1. Latitude map of subject areas.

ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE.

Allan Simpson Administration Officer

R Hennessy Acting Manager Administration

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PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 16 17TH APRIL 2001

TRANSFER OF TERM LEASE OVER LOT 1 ON CP 904537 – BEING PART OF STRATFORD WORKS DEPOT FROM VODAFONE PTY LTD TO CROWN CASTLE PTY. LTD.

Allan Simpson:vk : 19/3/3-8: #284618

RECOMMENDATION:

That Council advise Crown Castle Pty Ltd that it has no objection to the transfer of Term Lease No. 208308 over Lot 1 on CP 904537 to Crown Castle Pty Ltd subject to:

• Approval being obtained from the Department of Natural Resources and Mines; and

• At no cost to Council

INTRODUCTION:

Evernet Pty. Ltd. On behalf of Crown Castle Pty Ltd is seeking Council’s consent to the transfer of Term Lease No. 208308 from Vodafone Pty. Ltd. to Crown Castle Pty. Ltd.

BACKGROUND:

Vodafone Pty. Ltd. Lease an area of approximately 68m2 of the Stratford Works Depot directly from the State for the purpose of a mobile communications tower and associated equipment shelter.

Crown Castle Pty Ltd are in the process of managing and/or acquiring certain mobile phone tower sites owned by Vodafone Pty. Ltd. Vodafone will continue to access and use the premises by licensing space on the tower and shelter from Crown Castle.

COMMENT:

Technical Support Services have advised they have no objection to the transfer of lease as users of the tower have their own access arrangements and there is no infringement of Depot security.

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CONSIDERATIONS:

Statutory:

Nil

Policy:

Nil

Financial:

Nil

Social:

Nil

CONSULTATION:

As per the comment section of this report.

OPTIONS:

N/A

CONCLUSION:

That Council approve the transfer of Term Lease No. 208308 from Vodafone Pty. Ltd. To Crown Castle Pty. Ltd.

ATTACHMENTS:

1. Latitude map of Lot 1 on CP 904537

A Simpson Administration Officer

R Hennessy Acting Manager Administration

110

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PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 17 17TH APRIL 2001.

EXTINGUISHMENT OF EASEMENT B ON RP 735843 – APLIN STREET, CAIRNS.

Allan Simpson:vk : 8/13/305-01: #285228

RECOMMENDATION:

That Council advise Charles O’Neill Pty Ltd that Easement B on RP 735843 in Lot 1 on SP 109766, 80-84 Abbott Street, is to remain as is until such time as a minimum 3 metre wide footpath is constructed and available for pedestrian use.

INTRODUCTION:

Charles O’Neill Pty Ltd on behalf of their clients THL Cairns Pty Ltd have applied to have an existing easement extinguished on the Aplin Street frontage of 80-84 Abbott Street.

Their clients are in the process of redeveloping the site and are concerned that the easement will create a meaningless encumbrance on subsequently created lots.

BACKGROUND:

It is understood that the easement was taken for public access purposes due to the insufficient width of the footpath after installation of a vehicle set down bay.

COMMENT:

Council officers have made the following comments:

City Assessment Concern is raised that at the narrowest point the public footpath is reduced to a width of 1.6m, a benefit to the subject site with a “pull-in” lane. The narrow width would appear inappropriate in the inner central business district. Currently the easement provides an additional 0.8 metres width, yielding a total width of 2.4 metres. It is noted that the application of the Local Law for outdoor dining has required a minimum width of 2.5 metres to be maintained for pedestrian access.

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Given the location of the hotel entrance immediately adjacent to the easement and the “narrowest” point, it would be appropriate that the easement only be extinguished in part. The area to be extinguished could include the raised planter box and the “tall hydrant booster box”.

Asset Management The footpath at this point has been scalloped in to provide a vehicle set down bay. It is assumed that the width of the easement when added to the reduced width of the footpath provides a minimum required width. It is also noted that the owners have installed a fire hydrant pressure pump upon the end of the easement further restricting the purpose of the easement. There are stormwater and sewer pipes with associated inlets and manholes located in the near vicinity, that, while having no bearing on the existing easement will need to be considered for any new development works. Until Council can examine the proposed development works and their impact on the footpath, kerbing, drainage and other infrastructure works it is recommended that the easement is retained to protect the width of the pedestrian way.

Works & Services The issues relating to the procurement of the easement during the initial and existing development of this site to insure sufficient public access corridor is available in the CBD area, are well understood. A minimum 3 metre clear path width for pedestrian use in a high-density urban development area is endorsed.

Easement B should not be surrendered until a minimum 3 metre footpath width is actually constructed and is available for pedestrian use.

CONSIDERATIONS:

Statutory:

Nil

Policy:

Nil

Financial:

Nil

Social:

Nil

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CONSULTATION:

As per the comment section of this report.

OPTIONS:

1. To not approve the extinguishment of Easement B until such time as a sufficiently wide pedestrian thoroughfare is achieved.

2. To approve the extinguishment of Easement B and be left with insufficient footpath area.

ATTACHMENTS:

1. Letter from Charles O’Neill Pty Ltd dated 16th March, 2001.

Allan Simpson Administration Officer

R Hennessy Acting Manager Administration

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117

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PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 18 17TH APRIL 2001

LEASE TO BAYVIEW HEIGHTS GIRL GUIDES

Allan Simpson:vk : 19/3/3-29: #284494

RECOMMENDATION:

That Council approve the renewal of the lease to the Girl Guides Association – Bayview Heights Branch over part (484m2) of Lot 89 on RP 725546, 18-22 Park Street, Bayview Heights (Turner Park) for a further term of twenty (20) years from 1st July, 2001, subject but not limited to the following terms and conditions:

• The rental to be in accordance with Council’s schedule of Fees and Charges at the time (presently $580.00 per annum) subject to annual review in June in accordance with the Brisbane All Groups Consumer Price Index;

• The Lessee to be responsible for all rates and charges including any water usage on the demised premises;

• The Lessee to be responsible for all costs associated with the preparation of the lease including legal fees and survey costs etc; and

• The Lessee being responsible for any “Goods and Services Tax (GST)” or other form of consumption tax assessed in respect of the lease payment due.

INTRODUCTION:

The lease to the Girl Guides Association – Bayview Heights Branch is due to expire on the 30th June, 2001.

BACKGROUND:

The Girl Guides Association lease an area of 484m2 of Council’s freehold Lot 89 on RP 725546 for a term of twenty (20) years from 1st July 1981, for the purpose of a Girl Guides Hut.

They presently pay a rental of $1.00 per annum and are responsible for rates and charges and grounds and building maintenance.

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COMMENT:

Council Officers have provided the following comment:

Precincts & Facilities Precincts and Facilities have no objection to the lease being renewed for a maximum ten (10) years period.

Concerns are however raised in regard to current lease fees along with rates charges and water usage and the ability of the group to pay same.

City Assessment There are no objections to the renewal of the lease for a further term of twenty (20) years.

The land is included within the Sport and Recreation zone in the Balance Planning Scheme and the continued use of such a small area of Turner Park for guiding activities raises no adverse planning concerns.

Maintenance & Construction No comment.

CONSIDERATIONS:

Statutory:

Nil

Policy:

Nil

Financial:

Continued income to Council by way of rental and rates

Social:

Provision of the continued community activities associated with guiding.

CONSULTATION:

The continued leasing of the area will be subject to negotiation and acceptance of any terms and conditions as resolved by Council, by the Girl Guides Association.

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OPTIONS:

1. Approve of the lease and allow the Girl Guides Association to continue to provide a necessary community benefit. 2. Object to the renewal which will discontinue the community benefit and leave Council with an additional area of maintenance.

CONCLUSION:

That Council approve the renewal of the lease to the Girl Guides Association – Bayview Heights Branch for a further term of twenty (20) years.

ATTACHMENTS:

1. Lease Plan.

2. Latitude map of Lot 89 on RP 725546

A Simpson Administration Officer

R Hennessy Acting Manager Administration

122

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PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 19 17TH APRIL 2001

SUB-LETTING PART OF LOT 732 ON NR 7518 - RESERVE 1943 – RESERVE FOR LOCAL GOVERNMENT (CHILD CARE CENTRE) – FORMERLY WINDARRA DAY CARE.

Allan Simpson:vk : 19/3/3-29: #284443

RECOMMENDATION:

That Council advise Family Day Care South Cairns that it approves the sub- leasing of part of the former Windarra Day Care Centre, 27-29 Windarra Street, Woree, to the Cairns Rudolph Steiner School Association subject to:

• ‘in-principle’ approval being obtained from the Minister for Natural Resources as required under Clause 11.2 of the Head Lease;

• the sub-lessee having and keeping current any necessary licences/permits as required to conduct its business activity as a kindergarten/preschool; and

• at no cost to Council

INTRODUCTION:

Family Day Care South Cairns have applied to sub-lease part of the ‘former’ Windarra Day Care Centre to the Cairns Rudolph Steiner School Association.

The Steiner School propose to conduct kindergarten/preschool sessions five (5) days per week in an environment that gives children time to play and exercise their imaginations.

BACKGROUND:

Council in August 2000 resolved to lease the former Windarra Day Care Centre to Family Day Care South Cairns for a term of eight (8) years subject to conditions, one being:

“any sub-lease of the whole or part of the site is subject to Council approval”.

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COMMENT:

The Head Lease to Family Day Care South Cairns has received ‘in principle’ approval from the Department of Natural Resources and all conditions as resolved by Council have been accepted by the lessee.

Upon execution by the lessee and Council the lease will be forwarded for registration and stamping.

CONSIDERATIONS:

Statutory:

• The sub-lessee having and keeping current any necessary licences/permits as required to conduct its business; and • The sub-lease is subject to approval by the Minister for Natural Resources in accordance with the Land Act 1994.

Policy:

Nil

Financial:

Nil

Social:

Nil

CONSULTATION:

The leasing/sub-leasing of Reserve land is subject to obtaining the approval of the Minister for Natural Resources.

OPTIONS:

1. To approve the sub-lease and enhance the ability of the Lessee to obtain additional revenue with which to promote its services.

2. To object to the sub-lease and thereby requiring the lessee to seek additional funding from other sources.

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CONCLUSION:

That Council approve of the sub-lease of part of the former Windarra Day Care Centre to the Cairns Rudolph Steiner School Association subject to conditions.

ATTACHMENTS:

1. Latitude map of Lot 732 on NR 7518.

A Simpson Administration Officer

R Hennessy Acting Manager Administration

127

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PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 20 17TH APRIL 2001.

POWERLINK QUEENSLAND ACCESS AND EASEMENT REQUIREMENTS - KAMERUNGA – CAIRNS TRANSMISSION LINE - CHALUMBIN – WOREE TRANSMISSION LINE

Allan Simpson:vk : 19/1/2-08: #284917

RECOMMENDATION:

That Council advise Powerlink Queensland that it grants its consent to the formalisation of easement and access over areas of Reserve Land under Council’s Control as Trustee, for existing transmission line purposes, as follows:

Easements

• Lot 50 on NR 6547 – Reserve for Water Supply – Lake Morris Area; • Lot 674 on NR 7090 – Reserve for Park & Recreation – Hollywood Boulevard, White Rock. • Lot 603 on NR 835483 – Reserve for Sewerage Purposes – Maconachie Street, Woree. • Lot 56 on NR 351 – Reserve for Scenic Purposes – Brinsmead; • Lot 1 on CP 851472 – Reserve for Park & Recreation – Lake Morris Road, Kanimbla; • Lot 753 on NR 5991 Reserve for Water Supply – Tunnell Hill Water Treatment Plant Access Road, Brinsmead; • Lot 999 on RP 851635 – Reserve for Park & Recreation – Lake Morris Road, Kanimbla; • Lot 982 on RP 835645 – Reserve for Park & Recreation – Robson Road Kanimbla; and • Lot 7 on RP 808206 – Reserve for Park & Recreation – Lower Freshwater Road, Kamerunga.

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Access

• Lot 20 on C198396 – Reserve for Drainage – 135/143 McCoombe Street, Bungalow; • Lot 21 on C 198396 – Reserve for Depot – 145/161 McCoombe Street, Bungalow; and • Lot 996 on CP 903196 – Reserve for Water Supply – 57/67 Robson Road, Kanimbla.

Furthermore, Council advise Powerlink that it has no objection to the reinstatement of Easement C on RP 728641 which was inadvertently removed during the purchase of Lot 200 on SP 106705 being Impey Street, Caravonica, by Council in 1998.

INTRODUCTION:

Powerlink Queensland Pty Ltd have applied for Council’s consent in formalising a number of easements over Reserve land for existing transmission lines, and to also gain access across several parcels of land for maintenance purposes.

BACKGROUND:

Powerlink Queensland have applied to the Department of Natural Resources and Mines to legalise/formalise a number of easements to existing transmission lines.

Council is the Trustee for all the parcels of Reserve land over which transmission lines currently run and therefore, Powerlink needs Council’s general consent to these easements.

COMMENT:

Cairns Water and Precincts and Facilities have confirmed that they have no objection to these easements proceeding and access being provided.

CONSIDERATIONS:

Statutory:

In accordance with Division 8 of the Land Act 1994 easements over Reserve land require approval from the Department of Natural Resources and Mines and General consent of the gazetted Trustee.

130

Policy:

Nil.

Financial:

Nil.

Social:

Nil.

CONSULTATION:

As per the comment section of this report.

OPTIONS:

N/A

CONCLUSION:

That Council provide its general consent to the formalising of easements/access for existing transmission lines.

ATTACHMENTS:

1. Nil

Allan Simpson Administration Officer

R Hennessy Acting Manager Administration

131

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 21 17th April 2001

PROPOSED PERMANENT ROAD CLOSURE & AMENDMENT OF RESERVE R2202 – PARK & RECREATION – STONEY CREEK ROAD – KAMERUNGA- APPLICANT: TA & SJ LONG

S Keane : 15/7/1-03: 275018

RECOMMENDATION: That Council advise the Department of Natural Resources that it supports the application for the proposed permanent road closure of an area (approx. 269m²) shown as Lot 1 on Drawing CNS00/378 subject to the following:

· No Council services are impacted upon eg water and sewerage.

· The proposed permanent road closure area be zoned as Residential 3 zone as stipulated in Section 6.1.010A of the Integrated Planning Act.

· The extension of existing easement “D” to the boundary of the proposed new Lot 1 be carried out at no cost to Council.

· As stated in Section 6.2 of the Local Government - Planning & Environment Act 1990 the applicant contribute towards the provision of water supply & sewerage headworks calculated to the following method:- a) Contributions of 0.896 EDC for water and 1.076 EDC for sewer are paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $2321.54 for water and $3125.78 for sewer. b) Payment is required within 14 days of the Department of Natural Resources publishing the approval for the Permanent Road Closure in the Government Gazette. c) A property note is placed on Council’s rates database regarding this matter.

Council also advise that it supports the proposed alteration to the Park Reserve R2202 being Lots 10 and 25 on RP804192 as shown on Drawing CNS00/378 subject to the following conditions:

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· A Material Change of Use application is lodged and approved by Council; and · A consequential amendment of the zoning map reflecting Council’s approval is undertaken.

INTRODUCTION:

TA & SJ Long has applied to the Department of Natural Resources for the permanent closure of part of Stoney Creek Road, Kamerunga. The area in question abuts part of the south-eastern boundary of Lot 2 on RP804192 and part of the southern boundary of Lot 10 on RP804192 and shown as Lot 1 on Drawing CNS00/378.

Views are also sought on the amendment of Reserve for Park and Recreation, R2202 being Lots 10 and 25 on RP804192 and shown on Drawing CNS00/378.

BACKGROUND:

The applicants, Thomas and Sonja Long advise the purpose of the road closure and amendment of reserve is to extend their limited building area and to improve the site.

COMMENT:

Council officers have provided the following advice:

Strategic Planning:

Due to the Drainage Easement contained within the Long’s property the road closure would give additional depth to their property.

Strategic Planning advise they have no objection to the road closure to the frontage of Lot 2 RP804192 subject to there being no impact on Council infrastructure.

In regard to the amendment to R2202 as shown on CNS00/378 Strategic Planning cannot see any benefit to Council for such a proposal. The Lot 3 indicated as the area to be added to Park Reserve is currently part of Easement D on RP804192.

Cairns Water

Advise they have no problem with either issue regarding the application.

Precincts & Facilities

The section of road proposed to be closed is unsealed and highly unlikely to be required for traffic purposes. It would appear that a water main traverses the area.

Precincts & Facilities have no objection to the road closure on the proviso that no Council services are impacted upon.

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Precincts & Facilities advise they support the proposed alteration to the Park Reserve as the land to be transferred to the Crown (Lot 3) will provide for additional river / creek frontage and add an additional 30m² to the overall public open space.

The vegetation type and coverage on Lots 2 and 3 is similar.

Given the overall character of Lot 25 and 10 (Park Reserve) and Lot 2 (freehold) plus the position of the land along Stoney Creek, and the slope of the land into Stoney Creek, Council should consider encouraging the State to approach the owner/applicant as to their willingness to purchase Lot 2, and then to amalgamate Lot 2 with Lots 25 and 10 into the Park Reserve.

Maintenance & Construction

Maintenance & Construction offer no objection to the above matters.

Asset Management

Asset Management advise they have no documented information at present on future uses or any other requirements regarding Stoney Creek Road closure.

In regards to the amendment of Reserve for Park & Recreation R2202, Lots 10 & 25 RP804192, comments provided by Precincts & Facilities on this matter will be supported.

City Assessment

City Assessment does not object to the proposal to permanently close a section of Stoney Creek Road and in principle, the transfer of land contained within the Open Space zone to that of Residential 3, and the exclusion of land contained within the Residential 3 zone to that of Open Space as identified on the attached plan.

In order to formalise the proposed arrangement relating to the transfer of land, a Material Change of Use application is required detailing the proposal. Should Council resolve that the application be approved, a consequential amendment of the zoning map will be required to reflect Council’s approval.

With regard to the request to permanently close a section of Stoney Creek Road, City Assessment has no objection, and should Council approve the request, Section 6.1.10A of the Intergrated Planning Act stipulates that such land automatically acquires the zoning of the land adjacent to the site. In this instance such land will be contained with the Residential 3 zone.

Accordingly, City Assessment wishes to advise the sewer and water headwork contributions are applicable for the subject land as it increases the area of Residential 3 zoned land on which Multiple Dwelling (Max. 3 Storeys) can be constructed, subject to code assessment which does not allow Council to request payment of sewer and water headwork contributions at a later stage.

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It is therefore recommended that Council, when deciding upon the request, place the following condition on the road closure component of the application:-

The applicant/owner must contribute in accordance with Council’s policy provided for in Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks. a) The contributions of 0.896 EDC for water and 1.076 EDC for sewer must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $2321.54 for water and $3125.78 for sewer. b) Payment is required within 14 days of the Department of Natural Resources publishing the approval for the Permanent Road Closure in the Government Gazette. c) A property note is placed on Council’s rates database regarding this matter.

CONSIDERATIONS:

Statutory:

Section 6.1.10A of the Integrated Planning Act stipulates that a road or part of a road to be closed, should be included in a zone consistent with the zoning of adjoining lands under the Planning Scheme.

Policy:

In regard to Section 6.2 of the Local Government (Planning and Environment) Act 1990, the applicant must contribute towards the provision of water supply and sewerage headworks.

Financial:

On the present method of calculation, the estimated total headworks contributions are $2321.54 for water and $3125.78 for sewer.

Social:

Nil

CONSULTATION:

As per the comment section of this report.

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OPTIONS:

1. To approve the permanent road closure of the subject site, allowing the applicant to extend his building area and improve the site.

2. Support amendment to Park Reserve R2202, therefore allowing an additional 30m² to be incorporated to the Reserve to provide additional river / creek frontage.

3. To encourage the State to approach the owner/applicant to purchase Lot 2, and then amalgamate Lot 2 with Lots 25 and 10 into Park Reserve R2202.

CONCLUSION:

To support the application as per recommendation.

ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE

ATTACHMENTS:

1. Letter of application from the Department of Natural Resources, dated 25th January 2001.

2. Drawing CNS00/378 outlining proposed permanent road closure and amendment of Reserve for Park and Recreation, R2202.

Sharon Keane Administration Officer

Ruth Hennessy Acting Manager – Administration

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PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 22 17TH APRIL 2001

SALE OR LEASE OF LAND – LOT 36 RP804194 (29M²) – DOUGLAS TRACK ROAD- KAMERUNGA.

S Keane : 19/3/3-28: 281918

RECOMMENDATION:

That Council advise Greg O’Brien that it has no objection to the sale of an area (approx 29m²) of Council freehold land, being Lot 36 RP804194 subject to the following:

• Council obtaining an exemption from the Minister for Local Government & Planning to proceed with the sale under Section 492 (1) (c) of the Local Government Act 1993.

• Lot 36 is to be amalgamated with the adjacent Residential Lot 48, immediately after purchase of Lot 36 has been undertaken. This application is to be lodged with the Department of Natural Resources.

• The applicants to be responsible for any and all costs associated with the matter e.g. survey, legal, valuation etc.

• That the Mayor and the Chief Executive Officer be authorised to negotiate the sale price of the subject land (if approved by the Minister) with such price to be not less than that of the valuation, as provided by a registered valuer.

Furthermore Council to advise Mr Greg O’Brien that because the area of land is only 29m² a Material Change of Use application to amend the current zoning from Open Space to Residential 1 is not required and Council will undertake the amendment as part of the Planning Scheme Review.

INTRODUCTION:

An application has been received from Mr Greg O’Brien requesting Council to consider the sale or lease of an area approx (29m²) of Council freehold land situated at the top of Douglas Track Road, Kamerunga.

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BACKGROUND:

Lot 36 on RP804194 is Council freehold land and abuts the applicant’s current residential property (Lot 48 RP899694).

Council originally required this parcel of land for a high level zone pump site but have since advised that the land is no longer required for this purpose.

The applicant has advised that he wishes to purchase this lot for future landscaping and upkeep in conjunction with his current residential property (Lot 48 RP899694).

COMMENT:

Council officers have provided the following advice:

City Assessment

City Assessment advise they offer no objection to the sale or lease of the subject land.

The area in question was originally required by Council for a high level zone pump site and is currently zoned Open Space. This land is no longer required for this purpose.

If the subject land is to be sold then the subject site would normally require an application to Council for Material Change of Use to include the subject land in the Residential 1 zone.

However under the circumstances it is considered to be reasonable for Council to undertake the amendment as part of the Planning Scheme Review. The basis of this recommendation is that the area of the subject site is only 29m² and the uses associated with the existing Open Space zoning do not enable uses to be established which are likely to cause any immediate conflict in the Residential 1 zone.

Lot 36 will need to be amalgamated with the adjacent Residential Lot 48 immediately after it being acquired (by the owner of Lot 48).

If the subject area is to be leased then the zone may remain unchanged.

Strategic Planning are to be advised of this recommendation for action during the Planning Scheme Review.

Precincts & Facilities

Precincts & Facilities advise they have no objection to the lease / permit to occupy over the subject land.

Cairns Water

Advise they have no problems with the proposal.

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Strategic Planning

Advise they have no objections to the proposal.

Maintenance & Construction

Advise this matter does not affect the Maintenance & Construction Department.

Asset Management

Offer no objection to the sale of Lot 36 RP804194.

City Administration

City Administration support the application subject to the following.

Council obtaining an exemption from the Minister for Communication & Information, Local Government, Planning & Sport to proceed with the sale under Section 492 (1) (c) of the Local Government Act 1993.

The applicants to be responsible for any and all costs associated with the matter e.g. survey, legal, valuation etc.

That the Mayor and the Chief Executive Officer be authorised to negotiate the sale price of the subject land (if approved by the Minister) with such price to be not less than that of the valuation, as provided by a registered valuer.

CONSIDERATIONS:

Statutory:

Nil

Policy:

Nil

Financial:

Nil

Social:

Nil

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CONSULTATION:

As per the “comment” section of this report.

OPTIONS:

1. To approve to the sale of land (Lot 36 RP804194) to Mr Greg O’Brien to allow further landscaping and upkeep to his current residential property.

CONCLUSION:

By supporting the sale of land to Mr Greg O’Brien, Council will be released of any commitment to the area whilst recouping financial status.

ATTACHMENTS:

1 Letter of application from Greg O’Brien requesting sale of Lot 36 RP804194.

2. Plan 899694, outlining both applicants current residential property Lot 48 RP899694 and Lot 36 RP804194.

Sharon Keane Administration Officer

Ruth Hennessy Acting Manager – Administration

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PLANNING, DEVELOPMENT AND COMMUNITY SERVICES COMMITTEE 23 17 APRIL 2001

REDUCTION OF ROAD MAINTENANCE CONTRIBUTIONS MOUNT PETER QUARRIES PTY LTD.

Mark Dillon: 13/16/1 : 283126

RECOMMENDATION:

That Council reduce the road maintenance contribution paid by Mount Peter Quarries Pty Ltd from 60 cents per cubic metre to 20 cents per tonne in accordance with Councils road maintenance contribution policy.

INTRODUCTION:

Since the late 1980s an extractive industry operation has been conducted on land owned by Mr Donald Hussey. The quarry is situated at the end of Hussey Road in the Mount Peter area. Town planning consent and a MSC Chapter 18 extractive industry permit have been issued over the site .The permit is valid until 1 September 2013.

The permit is issued to Mr Hussey’s company, Mount Peter Quarries Pty Ltd and the quarry was until recently operated by Femdex Pty Ltd. Pioneer North Queensland.Pty Ltd is now the site operator.

In 1999 Council adopted a new road maintenance contribution policy. Under this policy it was deemed that twenty cents per tonne of material removed from a permit area would replace sixty cents per cubic metre as the standard road maintenance contribution. Twenty cents per tonne is equivalent to thirty-five cents a cubic metre.

Current permit holders can apply to have their contribution rate reduced to the new rate. As part of the application process an audit is conducted at the permit area to ensure that all permit conditions have been complied with.

BACKGROUND:

Pioneer North Queensland has already obtained a reduction over the company’s Hussey Road quarry which adjoins the Mount Peter quarry. Since taking over operations at the Mount Peter quarry Pioneer North Queensland have removed material from the site via an internal haul route that adjoins the two properties. Material is then processed on the Pioneer North Queensland site and leaves the site via the Pioneer North Queensland weighbridge.

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Mount Peter Quarries have only recently applied to have the contribution rate over their quarry reduced to twenty cents per tonne.

COMMENT:

An inspection of the permit was conducted in February .The operator has complied with the permit conditions issued over the site. Rehabilitation works are progressing in the upper levels of the permit area and all processing plant has been removed to the Pioneer North Queensland site. Condition nine of the extractive industry permit requires the operator to conduct certain roadworks on the southwestern portion of Hussey Road. Since the construction of the private haul road linking the two quarries the need to upgrade Hussey Road to the extent required by the permit conditions is no longer required. Negotiations are being conducted between Council officers, Mr Hussey and Pioneer North Queensland representatives to bring about a plan to upgrade the road to a level acceptable to all concerned.

CONCLUSION:

The negotiations over the upgrading of Hussey road are insufficient reason to refuse or defer the application to reduce the contribution rate. Mount Peter Quarries is being operated in a responsible manner and Council should approve of the reduction in the road maintenance contribution rate to twenty cents per tonne.

ATTACHMENTS: MAP

Mark Dillon Development Control Officer

Peter Tabulo General Manager - City Development

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PLANNING, DEVELOPMENT & COMMUNITY SERVICE COMMITTEE MEETING 24 17 APRIL 2001

INFORMATION REQUEST FROM THE LIQUOR LICENSING DIVISION FOR CAIRNS AND DISTRICT RUGBY UNION INC. 53-75 BUCHAN STREET, PORTSMITH – APPLICATION FOR A RESTRICTED CLUB PERMIT.

Clayton Oostergo: 18/46/1-78 : 281173

PROPOSAL: APPLICATION FOR A RESTRICTED CLUB PERMIT

APPLICANT: THROUGH THE LIQUOR LICENSING DIVISION CAIRNS AND DISTRICT RUGBY UNION INC.

LOCATION: 53-75 BUCHAN STREET, PORTSMITH

PROPERTY: LOT 2 PLN 198316

ZONE: SPORT AND RECREATION

STRATEGIC PLAN: MAJOR OPEN SPACE

DCP: DEVELPOMENT CONTROL PLAN 2 – PRECINCT 8 DEVELOPMENT CONTROL PLAN 5 – CAIRNS PORT AND MAJOR INDUSTRIAL AREA

STATUTORY ASSESSMENT DEADLINE: 19 APRIL 2001

DIVISION: 5

APPENDIX: 1. LOCALITY PLAN 2. LIQUOR LICENSING REQUEST

148

APPENDIX 1 - LOCALITY PLAN

RECOMMENDATION:

That Council advise the Department of Tourism and Racing, Liquor Licensing Division, that Council is prepared to support the Restricted Club Permit for the Cairns District Rugby Union Inc. located at 53-75 Buchan Street, Portsmith, subject to the following conditions: -

1. The premises is to be registered and maintain full compliance with the Food Hygiene regulations, 1989, and

2. The Department of Tourism and Racing ensure that the Restricted Club Permit is operated in accordance with responsible hospitality practices and complies with the requirements of the Liquor Act, and

3. The applicant applying the principles of patron safety, in terms of transport to and from the Club.

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EXECUTIVE SUMMARY:

The Department of Tourism and Racing, Liquor Licensing Division have written to Council requesting comment on a proposed Restricted Club Permit for Cairns District Rugby Union Inc. located at 53-75 Buchan Street, Portsmith.

The proposed Restricted Club Permit would allow liquor to be served for consumption on or off the premises to members and guests of the Club with restricted hours of operation.

TOWN PLANNING CONSIDERATIONS:

Proposal

The Premises located at 53-75 Buchan Street, Portsmith is included in the Sport and Recreation Zone of the Planning Scheme for the Part of the City of Cairns. Sport and Recreation is a permitted development (as of right use) in this zone.

The Cairns District Rugby Union Club have applied to sell liquor during the following hours, Monday through Thursday: - 6:00pm – 8:00pm Friday 6:00pm – 11:00pm Saturday 2:00pm – 10:00pm The restriction on the permit will be that the Club can only sell liquor during the specified hours and then only to Members of the Club and their guests.

The Community Safety Officer and the Manager, Environmental Assessment were invited to comment on the proposed Restricted Club Licence. Comments received back from both Departments were favourable, subject to the following conditions: -

1. The premises is to be registered and maintain full compliance with the Food Hygiene regulations, 1989, and

3. The applicant applying the principles of patron safety, in terms of transport to and from the Club.

Clayton Oostergo Planning Assistant Action Officer

Brendan Nelson Manager – City Assessment

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Appendix 2

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PLANNING, DEVELOPMENT & COMMUNITY SERVICE COMMITTEE MEETING 25

17 April 2001

INFORMATION REQUEST FROM THE LIQUOR LICENSING DIVISION CORAL TREE INN 166-172 GRAFTON STREET, CAIRNS – AMENDED APPLICATION FOR A RESIDENTIAL LICENCE.

Clayton Oostergo: 18/46/1-78 : 281545

PROPOSAL: AMENDED APPLICATION FOR A RESIDENTIAL LICENCE AT THE CORAL TREE INN.

APPLICANT: THROUGH THE LIQUOR LICENSING DIVISION MR. DONALD CHARLES LITTLE

LOCATION: CORAL TREE INN – 166-172 GRAFTON STREET, CAIRNS

PROPERTY: LOT 21 RP749758

ZONE: CENTRAL BUSINESS

STRATEGIC PLAN: CENTRAL BUSINESS DISTRICT

DCP: DEVELOPMENT CONTROL PLAN 1- E 800 PPH. DEVELOPMENT CONTROL PLAN 2- PRECINCT 2

STATUTORY ASSESSMENT DEADLINE: 20 APRIL 2001

DIVISION: 6

APPENDIX: 1. LOCALITY PLAN 2. LIQUOR LICENSING REQUEST 3. PREVIOUS REPORT 16 JANUARY 2001 4. COUNCIL RESOLUTION 16 JANUARY 2001

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APPENDIX 1 - LOCALITY PLAN

RECOMMENDATION:

That Council advise the Department of Tourism and Racing, Liquor Licensing Division, that Council is prepared to support the Residential Licence for the Coral Tree Inn, subject to the following conditions: -

1. The premises is to maintain full compliance under the Food Hygiene Regulations, 1989.

2. The Department of Tourism and Racing ensure that the Residential Licence is operated in accordance with responsible hospitality practices and complies with the requirements of the Liquor Act.

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EXECUTIVE SUMMARY:

The Department of Tourism and Racing, Liquor Licensing Division have written to Council requesting comment on the amended proposal for a Residential Licence for the Coral Tree Inn.

The amendment to the proposed Residential Licence would allow the Coral Tree Inn to serve liquor to residents and their guests for consumption on the premises after hours in the Residential Accommodation Units, the Pool/Courtyard area and the Foyer area, or other approved area e.g. Guest Lounge, and to the general public for consumption on the premises in a Restaurant or Dining area with a meal and for one hour after eating that meal.

TOWN PLANNING CONSIDERATIONS:

Proposal

The premises located at 166-172 Grafton Street is included in the Central Business Zone of the Planning Scheme for the Part of the City of Cairns. A Hostel in this zone is an allowable use subject to a Material Change Of Use Approval. Council granted this approval on 18 December 1995.

The amendment proposed would allow liquor to be served in the Foyer area. The Foyer area was not included in the initial request. Hence the Health Department condition that the Alcohol/storage fridge in the Foyer be relocated to the dining room. Under this amendment that condition has now been deleted.

The Community Safety Officer and the Manager, Environmental Assessment were invited to comment on the proposed amended Residential Licence. Comments received back from both Departments were favourable, subject to the following conditions: -

1. The premises is to maintain full compliance under the Food Hygiene Regulations, 1989.

2. The Department of Tourism and Racing ensure that the Residential Licence is operated in accordance with responsible hospitality practices and complies with the requirements of the Liquor Act.

Clayton Oostergo Planning Assistant Action Officer

Brendan Nelson Manager – City Assessment

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APPENDIX 2

156

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APPENDIX 3

PLANNING & DEVELOPMENT COMMITTEE MEETING 16 JANUARY, 2001 + att CGO:CLP (251651) 18/46/1-76 22

INFORMATION REQUEST FROM THE DEPARTMENT OF TOURISM AND RACING

PROPOSAL: RESIDENTIAL LICENCE FOR CORAL TREE INN

APPLICANT: THROUGH THE LIQUOR LICENSING DIVISION, MR DONALD CHARLES LITTLE

LOCATION: CORAL TREE INN 166-172 GRAFTON STREET CAIRNS

PROPERTY: LOT 21 RP749758, PARISH OF CAIRNS

ZONE: CENTRAL BUSINESS

STRATEGIC PLAN: CENTRAL BUSINESS DISTRICT

DCP: 1 & 2

NUMBER OF SUBMITTERS: N/A

STATUTORY ASSESSMENT DEADLINE: A RESPONSE IS REQUIRED TO BE PROVIDED PRIOR TO END OF BUSINESS ON 25 JANUARY, 2001

DIVISION: 6

APPENDIX: 1. LOCALITY PLAN 2. LIQUOR LICENSING REQUEST

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RECOMMENDATION:

1. The Alcohol/storage fridge in the foyer is to be relocated to the private dining room or other location so as to be out of the general public’s line of sight.

2. The premises is to maintain full compliance under the Food Hygiene Regulations, 1989.

3. The Department of Tourism and Racing ensure that the Residential Licence is operated in accordance with responsible hospitality practices and complies with the requirements of the Liquor Act.

EXECUTIVE SUMMARY:

The Department of Tourism and Racing, Liquor Licensing Division have written to Council requesting comment on the proposed Residential Licence for the Coral Tree Inn.

A Residential Licence would allow the Coral Tree Inn to serve liquor to residents and their guests for consumption on the premises after hours in the residents unit or other approved area e.g. guest lounge, and to the general public for consumption on the premises in a restaurant or dining area with a meal and for one hour after eating that meal.

TOWN PLANNING CONSIDERATIONS:

PROPOSAL

The Community Safety Officer and the Manager, Environmental Assessment were invited to comment on the proposed Residential Licence. Comments received back from both Departments were favorable, subject to the following conditions: -

1. The Alcohol/storage fridge in the foyer is to be relocated to the private dining room or other location so as to be out of the general public’s line of sight.

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2. The premises is to maintain full compliance under the Food Hygiene Regulations, 1989.

3. The Department of Tourism and Racing ensure that the Residential Licence is operated in accordance with responsible hospitality practices and complies with the requirements of the Liquor Act.

Clayton Oostergo PLANNING ASSISTANT ACTION OFFICER

JENNY ELPHINSTONE ACTING MANAGER, CITY ASSESSMENT

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APPENDIX 4

22 INFORMATION REQUEST FROM THE DEPARTMENT OF 191-197 TOURISM & RACING – RESIDENTIAL LICENCE FOR CORAL TREE INN – 166-172 GRAFTON STREET, CAIRNS – CO 18/46/1 - 251651

COUNCILLOR O’BRIEN MOVED

MDA(A) “That Council advise the Department of Tourism and Racing, Liquor Licensing Division, that Council is prepared to support the Residential Licence for the Coral Tree Inn, subject to the following conditions: -

1. The Alcohol/storage fridge in the foyer is to be relocated to the private dining room or other location so as to be out of the general public’s line of sight.

2. The premises is to maintain full compliance under the Food Hygiene Regulations, 1989.

3. The Department of Tourism and Racing ensure that the Residential Licence is operated in accordance with responsible hospitality practices and complies with the requirements of the Liquor Act.”

SECONDED BY COUNCILLOR GREGORY AND CARRIED.

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PLANNING, DEVELOPMENT & COMMUNITY SERVICE COMMITTEE MEETING 26 17 APRIL 2001

INFORMATION REQUEST FROM THE LIQUOR LICENSING DIVISION FOR THE CAIRNS COURT HOUSE 38 - 40 ABBOTT STREET – VARIATION OF EXISTING LICENCE – TO ALLOW AMPLIFIED ENTERTAINMENT / MUSIC TO BE CONDUCTED OUTSIDE THE PREMISES AND TO ALLOW OUTSIDE MOVIE PROJECTION

Clayton Oostergo: 18/46/1-79 : 284729 PROPOSAL: VARIATION OF EXISTING LICENCE TO ALLOW AMPLIFIED ENTERTAINMENT / MUSIC TO BE CONDUCTED OUTSIDE THE PREMISES AND TO ALLOW OUTSIDE MOVIE PROJECTION

APPLICANT: THROUGH THE LIQUOR LICENSING DIVISION MR. JOHN MCGURK

LOCATION: 38 - 40 ABBOTT STREET, CAIRNS

PROPERTY: LOT 516 ON RP 908330

ZONE: CENTRAL BUSINESS

STRATEGIC PLAN: CENTRAL BUSINESS DISTRICT

DCP: DEVELOPMENT CONTROL PLAN 1 – E – 800 PPH DEVELOPMENT CONTROL PLAN 2 – PRECINCT 2

STATUTORY ASSESSMENT DEADLINE: RESPONSE REQUIRED BY 4 MAY 2001

DIVISION: 6

APPENDIX: 1. LOCALITY PLAN 2. LIQUOR LICENSING REQUEST 3. MINUTES OF COUNCIL MEETING 1 MARCH 2001

162

APPENDIX 1 - LOCALITY PLAN

RECOMMENDATION:

That Council advise the Department of Tourism, Racing and Fair Trading, Liquor Licensing Division, that Council is prepared to support the variation to the existing Liquor Licence to allow amplified entertainment / music to be conducted outside the premises and to allow outside movie projection, subject to the following conditions: -

1. The premises are to maintain full compliance with the Food Hygiene regulations, 1989, and

2. The Department of Tourism Racing, and Fair Trading ensure that the existing Liquor License is operated in accordance with responsible hospitality practices and complies with the requirements of the Liquor Act.

3. The screen is not to be used for promoting goods and services not available on the subject site.

4. Material displayed on the screen is not to be, in the opinion of Council, offensive or unsuitable for viewing by passing members of the public.

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EXECUTIVE SUMMARY:

The Department of Tourism, Racing and Fair Trading, Liquor Licensing Division have written to Council requesting comment on the proposed variation of an existing Licence for the Courthouse Hotel located at 38 - 40 Abbott Street, Cairns.

The proposed variation to the existing licence is to allow entertainment / music to be conducted outside the premises and allow outside movie projection.

TOWN PLANNING CONSIDERATIONS:

Proposal

The Premises located at 38 - 40 Abbott Street, Cairns is included in the Central Business Zone of the Planning Scheme for the Part of the City of Cairns. The Courthouse Hotel has been legally established on this property. Council has considered and approved the outside projection screen during the Ordinary meeting held on 1 March 2001.

The Community Safety Officer and the Manager, Environmental Assessment were invited to comment on the proposed variation to the existing Licence to allow entertainment / music to be conducted outside the premises and allow outside movie projection. Comments received back from both Departments were favourable, subject to the following conditions: -

1. The premises are to maintain full compliance under the food hygiene regulations, 1989.

2. The Department of Tourism and Racing ensure that the existing Liquor License is operated in accordance with responsible hospitality practices and complies with the requirements of the Liquor Act.

Clayton Oostergo Planning Assistant Action Officer

Brendan Nelson Manager – City Assessment

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APPENDIX 2

165

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APPENDIX 3

22. ERECTION OF SCREEN – BEER GARDEN – COURTHOUSE 167- HOTEL - 38-40 ABBOTT STREET, CARINS 172 IVGB 15/29/1-12 #264744

COUNCILLOR GILL MOVED: (MCA)A “That Council approve the erection of a screen 3.6m high, 6.6m wide and 1.8m above the ground as shown on plan 0101CHH (A-01) for showing movies, sporting telecasts, and promotional material for the Courthouse Hotel subject to the following conditions:-

1. The screen is not to be used for promoting goods and services not available on the subject site.

2. Material displayed on the screen is not to be, in the opinion of Council, offensive or unsuitable for viewing by passing members of the public.”

SECONDED BY COUNCILLOR JAMES AND CARRIED

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PLANNING, DEVELOPMENT & COMMUNITY SERVICE COMMITTEE MEETING 27

17 APRIL 2001

INFORMATION REQUEST FROM THE LIQUOR LICENSING DIVISION FOR RAINTREES TAVERN 33-43 ALFRED STREET – VARIATION OF EXISTING LICENCE – TO ALLOW AMPLIFIED MUSIC TO BE PLAYED IN THE COURTYARD OF THE TAVERN

Clayton Oostergo: 18/46/1-78 : 280829

PROPOSAL: VARIATION OF EXISTING LICENCE TO ALLOW AMPLIFIED MUSIC IN THE COURTYARD OF THE TAVERN

APPLICANT: THROUGH THE LIQUOR LICENSING DIVISION MR. BRETT RHODES WILSON

LOCATION: 33-43 ALFRED STREET MANUNDA, CAIRNS

PROPERTY: LOT 2 ON RP 728395

ZONE: BUSINESS

STRATEGIC PLAN: MAJOR BUSINESS CENTRE

DCP: DEVELOPMENT CONTROL PLAN 2 – PRECINCT 7

STATUTORY ASSESSMENT DEADLINE: RESPONSE REQUIRED BY 19 APRIL 2001

DIVISION: 7

APPENDIX: 1. LOCALITY PLAN 2. LIQUOR LICENSING REQUEST

168

APPENDIX 1 - LOCALITY PLAN

RECOMMENDATION:

That Council advise the Department of Tourism and Racing, Liquor Licensing Division, that Council is prepared to support the variation to the existing Liquor Licence to allow amplified music to be played in the Courtyard of the Tavern, subject to the following conditions: -

1. The premises are to maintain full compliance with the Food Hygiene regulations, 1989, and

2. The Department of Tourism and Racing ensure that the existing Liquor Licence is operated in accordance with responsible hospitality practices and complies with the requirements of the Liquor Act.

3. Noise from the amplified music in the Courtyard area of the Tavern is not to be audible from any nearby residences.

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EXECUTIVE SUMMARY:

The Department of Tourism and Racing, Liquor Licensing Division have written to Council requesting comment on the proposed variation of an existing Licence for the Raintrees Tavern located at 33-43 Alfred Street, Manunda.

The proposed variation to the existing Licence is to allow amplified music to be played in the Courtyard of the Tavern.

TOWN PLANNING CONSIDERATIONS:

Proposal

The Premises located at 33-43 Alfred Street, Manunda is included in the Business Zone of the Planning Scheme for the Part of the City of Cairns. The Tavern was legally established on this premises.

The Community Safety Officer and the Manager, Environmental Assessment were invited to comment on the proposed variation to the existing Licence to allow amplified music to be played in the Courtyard. Comments received back from both Departments were favourable, subject to the following conditions: -

1. The premises are to maintain full compliance under the food hygiene regulations, 1989.

2. The Department of Tourism and Racing ensure that the existing Liquor Licence is operated in accordance with responsible hospitality practices and complies with the requirements of the Liquor Act.

3. Noise from the amplified music in the Courtyard area of the Tavern is not to be audible from any nearby residences.

Clayton Oostergo Planning Assistant Action Officer

Brendan Nelson Manager – City Assessment

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APPENDIX 2

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PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 28

17 APRIL 2001

CARAVAN PARKS AND CAMPING AMENDMENT LOCAL LAW AND SUBORDINATE LOCAL LAW

T.Davidson : 18/67/1-03: #285410

RECOMMENDATION: Council hereby resolves :- 1. To adopt the recommendations of the Caravan Parks and Camping Local Law and Subordinate Local Law Public Interest Test Report, namely that section 4 of the proposed Caravan Parks and Camping Amendment Local Law (No.1) 2001 which inserts sections 21, 23, 24, 25 and 27 into Local Law No.20 (Caravan Parks and Camping), is anti-competitive. Sections 5, 6 and 7 of the proposed Subordinate Local Law No.9 (Caravan Parks and Camping) 2001 are also anti-competitive provisions. However, it is recommended that these anti-competitive provisions be retained in full as :- (a) the benefits of these provisions to the comunity as a whole outweigh the costs ; and (b) the most appropriate way of achieving the objectives of the proposed local law and subordinate local law is by restricting competition in the way provided in these provisions, having regard to the local government duty of good rule and government of its area. 2. To proceed with the making of Caravan Parks and Camping Amendment Local Law (No.1) 2001 as advertised. 3. To make Caravan Parks and Camping Amendment Local Law (No.1) 2001 as the Department of Local Government and Planning has granted approval to Council to continue to make the proposed local law without satisfying step 7 of the local law making process, subject to the conditions advised by the Department and Council has complied with those conditions. 4. To make Subordinate Local Law No.9 (Caravan Parks and Camping) 2001 as advertised.

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INTRODUCTION:

This local law and subordinate local law required amending subsequent to the deletion of various sections of the Health Act 1937 and Health Regulations 1994 which had dealt with caravan parks and camping.

COMMENT:

The consultation period in relation to the local law, subordinate local law and public interest test plan expired on 14 February 2001. No submissions were received on the local law, subordinate local law or public interest test plan during the consultation period.

1. National Competition Policy Considerations

Anti-competitive provisions were identified in the drafting of the local law. There is a statutory obligation under the Local Government Act 1993, that prior to the making of a local law, Council must ensure that a Public Interest Test (“PIT”) Plan is carried out and a PIT Report is prepared for the anti-competitive provisions identified. A public interest test is conducted in three stages:

(a) Part One – Preparation of a PIT Plan; (b) Part Two – Consultation with relevant groups about the PIT Plan; and (c) Part Three – Preparation of a PIT Report.

A PIT Plan was prepared and consultation with the public and key stakeholders occurred over a period of twenty-one days.

The attached PIT Report (Attachment C) has been prepared in accordance with the guidelines issued by the Department of Local Government and Planning. The Report outlines the consultative steps taken and detailed in the PIT Plan, the outcomes of the consultation and recommends, in this instance, that Council should retain the identified anti-competitive provisions.

CONSIDERATIONS:

Statutory:

Following Council’s resolution to adopt the PIT Report, Council must:-

(a) resolve to proceed to make the local law with amendments and then resolve to make it as the Department has given conditional consent for Council to skip step 7 of the local law making process and Council has complied with these conditions;

(b) resolve to make the subordinate local law.

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There are final administrative steps required to complete the process under the Local Government Act 1993 (eg publication of a notice in the Government Gazette and the Cairns Post) which can be carried out at the officer level.

CONCLUSION:

In order to finalise the process the making of the local law and subordinate local law, the recommendations as detailed at the beginning of this report need to be made.

ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE

ATTACHMENTS:

A. Caravan Parks and Camping Amendment Local Law (No.1) 2001 B. Subordinate Local Law No.9 (Caravan Parks and Camping) 2001 C. Public Interest Test Report

Terry Davidson Graham Busby Manager Environmental Assessment Local Laws/Insurance Co-ordinator

Peter Tabulo General Manager City Development

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ATTACHMENT A

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ATTACHMENT B

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ATTACHMENT C

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PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 29

17 APRIL 2001

DELEGATIONS TO CHIEF EXECUTIVE OFFICER UNDER THE CARAVAN PARKS AND CAMPING LOCAL LAW Terry Davidson: 18/67/1-03: #285402

RECOMMENDATION: That :

Pursuant to Section 472 of the Local Government Act 1993 (‘ the Act’), Council resolves to delegate to the Chief Executive Officer the following powers under Local Law No.20 (Caravan Parks and Camping) (‘the Local Law’) as amended.

1. In relation to an application for an approval to operate a caravan park on land (other than a Council caravan park) under section 20 of the Local Law :-

(a) the power to require information, documents or materials in support of the application pursuant to section 6(2) of Local Law No.1 (Administration) ;

(b) the power to determine the application pursuant to section 7 of Local Law No.1 (Administration) ; and

(c) the power pursuant to section 7(7) of Local Law No.1 (Administration) to refuse the application in the circumstances set out in that subsection ;

(d) the power pursuant to section 13 of Local Law No.1 (Administration) to vary, revoke or suspend an approval or a condition of such approval.

2. The power pursuant to section 24(2) of the Local Law to renew an approval.

3. The power pursuant to section 24(3) of the Local Law to decide the term for which an approval is granted or renewed.

4. The power pursuant to section 25(1) of the Local Law to grant or renew the approval to operate a caravan park (other than a Council caravan park) on conditions he or she considers appropriate.

5. The power pursuant to section 27 of the Local Law to approve the transfer of an approval.

6. The power pursuant to section 28 of the Local Law to review a decision.

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INTRODUCTION:

The Caravan Parks and Camping Local Law authorises Council to perform and exercise certain functions and powers. If the local law is to be used effectively and efficiently, many of these functions and powers should be delegated.

COMMENT:

Section 472 of the Local Government Act 1993 empowers Council to resolve to delegate its powers under a local law to the Chief Executive Officer (“the CEO”). If appropriate, the CEO can then subdelegate these powers to other Council officers pursuant to section 1132 of the Local Government Act 1993.

CONSIDERATIONS:

Statutory:

The powers delegated to the CEO relate only to the new amendments made to Local Law No.20 (Caravan Parks and Camping).

CONCLUSION:

With the implementation of the new Caravan Parks and Camping Amendment Local Law (No.1) 2001 it is important that the necessary appointments and delegations are put in place so that the local law can be properly administered and enforced.

ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE

Terry Davidson Graham Busby Manager Environmental Assessment Local Laws/Insurance Co-ordinator

Peter Tabulo General Manager City Development

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PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 30 17 APRIL 2001

RENTAL ACCOMMODATION AMENDMENT LOCAL LAW (NO. 1) 2001 AND SUBORDINATE LOCAL LAW NO. 8 (RENTAL ACCOMMODATION) 2001

T. Davidson : 18/67/1-03: #285397

RECOMMENDATION: Council resolves:

1. To proceed with making Rental Accommodation Amendment Local Law (No. 1) 2001 with amendments to Section 8(9) as referred to in Attachment ‘A’ to the report to Council.

2. To proceed with making Subordinate Local Law No. 8 (Rental Accommodation) 2001 with amendments as referred to in Attachment ‘B’ to the report to Council.

3. To adopt the recommendations of the Rental Accommodation Local Law and Subordinate Local Law Public Interest Test Report, namely that Section 8(9) of the local law are anti-competitive provisions and should be retained subject to the amendments that have been made as a result of the statutory consultation process on the contents of the local law and subordinate local law (and not as a result of the Public Interest Test Plan) as :

(a) the benefits of these provisions to the community as a whole outweigh the costs ; and

(b) the most appropriate way of achieving the objectives of the proposed local law and proposed subordinate local law is by restricting competition in the way provided in these provisions,

having regard to the local government duty of good rule and government of its area.

4. To make Rental Accommodation Amendment Local Law (No. 1) 2001 as the Department of Local Government and Planning has granted approval to Council to continue to make the proposed local law without satisfying step 7 of the local law making process, subject to the conditions advised by the Department and Council has complied with those conditions.

5. To make Subordinate Local Law No.8 (Rental Accommodation) 2001.

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INTRODUCTION:

The proposed Rental Accommodation Amendment Local Law (No.1) 2001 (“the Local Law”) and Subordinate Local Law No.8 (Rental Accommodation) 2001 (“the subordinate local law”) are an attempt to provide for greater consistency in relation to the standards of hostel style accommodation in Cairns.

COMMENT:

1. Public consultation Process Undertaken

Council officers have undertaken a more extensive consultation process than that provided in the Local Government Act 1993 to ensure that the concerns of the stakeholders in the industry are taken into account. The statutory consultation period ended on 29 January 2001. Only one submission was received from Brazier Motti on behalf of the Youth Hostel Association of Queensland within that period and it must be taken into account by Council. However, six other submissions were received after the consultation period and do not need to be taken into account by Council. However, those submissions do raise some important issues and have been taken into account by Council officers prior to preparing this report.

The main concerns of the submitters can be summarised as follows:-

(a) The prescribed area of 4.65 m² per person was too inflexible;

(b) There should be a procedure to cater for late check-ins in relation to entering details of occupants in a register;

(d) A public office is not needed;

(e) The keeping of a register is not relevant for public health and safety;

(f) The requirement for a resident manager to stay overnight is too onerous;

(g) The requirement for kitchen facilities, dining facilities and the storage area is too onerous; and

(h) The requirement to comply with a current fire safety report is too onerous.

In taking these matters into account and in consultation with Council’s solicitors, amendments were made to both the local law and subordinate local law. The submitters were then invited to attend a public meeting at Council on Friday, 30 March 2001 to discuss these issues further.

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At the outset it must be stated those present at the meeting appreciated Council’s common sense approach to these issues. However, it was also acknowledged that Council had an interest in ensuring that the subordinate local law adequately provided for standards of public health and safety which are acceptable for human habitation.

2. Response to Submissions

(a) The prescribed area of 4.65 m² per person was too inflexible

It is important to note that the standards imposed by the subordinate local law do not automatically have universal application. They relate to conditions that may be imposed on an approval to establish or operate rental accommodation on land (being rental accommodation that is a hostel (Part) or accommodation units (Balance)) or to use land as a hostel (Part) or accommodation units (Balance).

The issue has been dealt with by making use of definitions in the subordinate local law. The standards are now as follows:

“4.(b) The minimum floor area for the hostel (Part) or accommodation units (Balance) must be:

(i) for either a single bedroom or a double bedroom – 4.65m² per person; and

(ii) for a dormitory – 2.75m² per person; and

(iii) for any other style of bedroom – 3.5m² per person.”

The majority of the submitters involved were in support of that provision.

(b) There should be a procedure to cater for late check-ins in relation to entering details of occupants in a register

This issue has been addressed in section 4(f) of the subordinate local law.

To remove any doubt on this issue, there has been a minor amendment made to section 8(9) of the local law for clarification purposes only. Further, references to rental accommodation through the subordinate local law as advertised have been changed to “hostel (Part) or accommodation units (Balance)”.

Some of the issues raised on this point are not able to be dealt with in a local law but relate to the various definitions in both of Council’s planning schemes. The issue is perhaps a matter which could be dealt with in the use of definitions provided in Council’s IPA planning scheme when that is adopted.

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It is not considered that the amendment made to the local law alters its intent.

(d) A public office is not needed

The majority of those present at the public meeting supported the idea of having a public office. Council officers believe that this is still relevant to include in the subordinate local law. It links back to the importance of ensuring that an accurate record system of occupants is kept. This is a relevant safety issue.

(e) The keeping of a register is not relevant for public health and safety

Council officers consider that a register is a relevant public safety issue. The majority of those present at the public meeting supported retaining the concept of keeping a register. Amendments have been made to allow it to be in a hard copy or electronic form.

(f) The requirement for a resident manager to stay overnight is too onerous

Council officers consider that this is a relevant public health and safety issue. However, the terminology has been changed from rental accommodation manager and alternative manager to resident manager and the resident manager’s delegate.

(g) The requirements for kitchen facilities, dining facilities and the storage area is too onerous

Some minor amendments have been made to the subordinate local law on this issue.

(h) The requirement to comply with a current fire safety report is too onerous

An amendment to the subordinate local law has been made to recognise instances of hardship, and to comply with relevant State legislation once it has been made.

The amendments have been consolidated as Attachment “A” and Attachment “B” to this report.

3. National Competition Policy Considerations and the Remaining Steps to Make the Local Law and Subordinate Local Law.

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Anti-competitive provisions were identified in the drafting of the local law and subordinate local law. There is a statutory obligation under the Local Government Act 1993 that prior to the making of a local law, Council must ensure that a Public Interest Test (“PIT”) is carried out and a PIT Report is prepared for the anti-competitive provisions identified.

A PIT plan was prepared and subsequently consultation with the public and key stakeholders occurred over a three-week period. No submissions were received in relation to the content of the PIT Plan. The submissions received in relation to the content of the local law and subordinate local law have been identified above.

In order to finalise the PIT process, which must be completed prior to the local law and subordinate local law being made, Council must adopt the recommendations of the PIT Report.

The PIT Report for the local law and subordinate local law is attached as Attachment “C”. It has been prepared in accordance with the guidelines issued by the Department of Local Government and Planning. The report outlines the consultative steps taken and detailed in the PIT Plan, the outcomes of the consultation and recommends, in this instance, that Council should retain the identified anti-competitive provisions.

CONSIDERATIONS:

Statutory:

Once the above steps have been completed, a notice of the making of the local law must be published in the Government Gazette. The local law commences operation on the date of publication of this notice in the Gazette. A notice relating to the making of the subordinate local law must be published in the Cairns Post. The subordinate local law commences operation on the date of the publication of this notice.

Following publication of the notice the following will need to be sent to the Minister:-

(a) the Gazette Notice;

(b) the Cairns Post Notice;

(d) advice on anti-competitive provisions (ie the PIT Report);

(e) drafting certificate for the subordinate local law.

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CONCLUSION:

In order to finalise the process of making the local law and subordinate local law, the recommendations as detailed at the beginning of this report need to be made.

ALL OTHER CONSIDERATIONS WERE REVIEWED AND DEEMED NOT APPLICABLE

ATTACHMENTS:

A. Rental Accommodation Amendment Local Law (No.1) 2001 B. Subordinate /local Law No.8 (Rental Accommodation) 2001 C. Rental Accommodation Public Interest Test Report D. Draft – Previous version of the subordinate local law as advertised E. Submission from Brazier Motti F. Submission from Daikyo Group G. Submission from McElroy Morrison Pierce H. Submission from Peter Robinson I. Submission from TNQ Backpackers Hostels Association J. Submission from Queensland Fire and Rescue Authority K. Submission from Department of Tourism and Racing.

Terry Davidson Graham Busby Manager Environmental Assessment Local Laws/Insurance Co-ordinator

Peter Tabulo General Manager City Development

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ATTACHMENT A

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ATTACHMENT B

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ATTACHMENT C

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ATTACHMENT D

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ATTACHMENT E

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ATTACHMENT F

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ATTACHMENT H

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ATTACHMENT I

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ATTACHMENT J

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ATTACHMENT K

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PLANNING, DEVELOPMENT AND COMMUNITY SERVICES COMMITTEE 31 17 APRIL 2001

ENVIRONMENTAL ASSESSMENT QUARTERLY REPORT FOR JANUARY, FEBRUARY, MARCH 2001

Terry Davidson : 1/58/10-01: #284531

RECOMMENDATION:

That this report be noted.

PUBLIC HEALTH:

Inspections

During January February and March quarter Council’s Environmental Health Section attended to routine inspections of food shops, hairdressers and accommodation premises such as hostels, boarding houses and bed & breakfasts.

During this quarter twenty-eight (28) new food premises were registered, ten (10) food premises transferred registration and seven (7) food premises closed.

Officers received and attended to complaints in the areas of:-

Food Stores 25 Noise 27 Accommodation 8 Food 9 Hostels 6 Odour 15 Caravan Parks 4 Burning 10 Mosquitoes 11 Vermin Control 79 Refuse Management 3 General Nuisance 49

A total of two hundred and twenty eight (228) complaints were actioned over the past 3 months.

The following is a break down of inspections carried out by the Environmental Health Officers:-

Initial Inspections: 614 Other Inspections: 274

A total of eight hundred and eighty eight (888) inspections not including complaints were conducted and two hundred and eighty three (283) notices were issued.

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Bed & Breakfasts Accommodation

Seventy (70) premises were investigated as potential bed & breakfast accommodation houses throughout the Cairns area. The majority were located in the northern beaches followed by Edge Hill, Whitfield and to a much lower degree of southern suburbs of Edmonton and Woree. The majority of the premises did not have Building or Planning approvals and the details of those bed & breakfasts were forwarded to the appropriate Council section.

VECTOR CONTROL:

The Vector Control Section has been carrying out the normal mosquito adult and larval treatment throughout the Cairns district. The vector control unit has also been carrying out inspections within the Port Authority area in conjunction with AQIS and Queensland Tropical Public Health Vector Control Unit.

Fogging Operations

Fogging operations in the first part of the quarter were directed to the low-lying areas and to the parks easements and swamps in the latter 2 months.

Complaints

The number of mosquito complaints for the quarter that were actioned was 143.

120 midge complaints were actioned for the quarter.

Chemicals Used

Chemical use for the quarter was:-

Reslin Adulticide: 140 litres Vectobac Larvicide: 70 litres

Time Lost

This has been due to one of the units having problems with electronic failure of equipment.

Two members of the vector crew were required for jury service at various times within this period.

Fish Breeding

Current fish hatchlings in stock is 15,000. The number of stock to be released over the next few weeks is 6,000.

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LOCAL LAWS:

For January, February and March 2001, Council By Laws Officers issued notices for:-

Council By Laws 213 Illegal Camping 12 Vermin Control 340 Abandoned Vehicles 52 Abandoned Vehicles taken to dump 49 Abandoned Vehicles taken to McCoombe Street 60

Revenue received from abandoned vehicles auctions for January, February and March 2001:-

January $3,365.00 February $1,690.00 March $1,415.00 TOTAL $6,470.00

ANIMAL CONTROL:

Animal Control work proceeded in a satisfactory manner during this quarter, as outlined in the following information:

Registration

Number of dogs registered 1,219

Impounding

NUMBER OF DOGS IMPOUNDED 239 Number of Impounded dogs not registered 95 Number of Impounded dogs registered 144 RETURNED TO OWNER 140 Destroyed 89 Handed to refuge 2 Others (Seized) 1 Dangerous Dog Orders issued 16 Complaints received and actioned 435

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QUARTERLY FINANCIAL STATEMENT Total YTD Current Quarter Previous Quarter

REVENUE - $ 540,729 $ 39,630 $ 184,384 REGISTRATIONS

REVENUE - $ 33,138 $ 9,382 $ 12,176 IMPOUNDING

EXPENDITURE - TOTAL $ 459,052 $146,265 $ 176,445

Education

Animal Control Officers are continuing to assist dog owners with education appropriate, in an effort to reduce complaint numbers.

Terry Davidson Manager Environmental Health

Peter Tabulo General Manager City Development

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PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 32

17 APRIL 2001

TRAFFIC MANAGEMENT

G Underwood:NMW : 8/23/2-05: 275554

RECOMMENDATION: That

1. Council construct the proposed Federally funded black-spot works on the corner of Martyn and Minnie Streets, in accordance with Attachment A (sketch) 20751-C3.

2. Subject to consideration in the Council’s 2001/2002 Budget, an additional right turn movement (Minnie Street into Lake Street) be incorporated in the existing channelisation works at this intersection.

BACKGROUND:

Council requested a review of the proposed channelisation works for the Martyn/Minnie Street ‘blackspot’ location.

COMMENT:

Council is aware that the Martyn/Minnie intersection is likely to meet the warrant for Federal Blackspot funding, provided cross movements are prevented and turning movements are improved. The constructed Lake/Minnie Street location has similarly received Blackspot funding, however a modification to enable right turn movements from Minnie Street into Lake Street could be included at this location, however the removal of the right turn provision from Lake Street into Minnie Street will be required. It is considered that this will still comply with the Blackspot funding requirements.

CONSIDERATIONS:

Financial:

Subject to final approval of plans by State and Federal Government for Martyn/Minnie Street intersection under Federal Blackspot funding to the value of $100,000.

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Subject to budget consideration for Lake/Minnie Street modification (est. $5,000).

CONSULTATION:

Two satisfactory public meetings have been held and a questionnaire has been circulated to the local area.

A well attended Councillor and Senior Officer workshop was held on Tuesday 13 March 2001, at which time a number of alternative treatments were discussed.

Consultation has ocurred with: • George Pegoraro, Acting Manager Project Services • Peter Sibree, Executive Assistant to the Mayor • Bruce Hedley, Consultant • Larry Molloy, Project Officer, Project Services • Liz Munzenberger, Graduate Engineer, Project Services • Stewart Wall, Team Leader, Design Services

OPTIONS:

Other channelised arrangements have been discussed and eliminated due to restrictive movements on local traffic. Signalisation and roundabout alternatives have been examined but provide an unsatisfactory traffic arrangement for the Martyn Street and Lake Street locations, and are economically unfeasible.

CONCLUSION:

An intersection preventing cross movement of vehicles from Minnie Street across Martyn Street should be constructed.

ATTACHMENTS:

Sketch 20751-C3 showing proposed intersection treatment at Minnie Street and Martyn Street, Parramatta Park.

Greg Underwood Manager Strategic Planning

John Howard General Manager Corporate Strategy

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PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 33 17 APRIL 2001

PLANNING SCHEME AMENDMENT : SETBACK REQUIREMENTS FOR EXISTING BUILDINGS

L.Kirchner : 04 - 8/26/4: 283125

RECOMMENDATION:

That Council resolve to adopt the following planning scheme amendment for the Planning Scheme for the Part of the City of Cairns :

Where an existing building is proposed to be used for the development of Boarding Houses (Medium Density), Boarding Houses (High Density), Hostels (Medium Density), Hostels (High Density, Council may approve setbacks other than those specified above if it can be shown that :

1. The setbacks are consistent with the setbacks of surrounding buildings; 2. The setbacks do not adversely impact on visual amenity values; 3. The setbacks do not adversely impact on visibility or public safety (including ingress to the property and pedestrian movement); and 4. Other Town Planning and Engineering considerations are not adversely impacted, including provision of:

a. Landscaped open space; b. Recreational facilities; c. Carparking; d. Stormwater drainage; and e. Other Services.

The Scheme’s site development criteria as specified in 4.6.10 (ii) will now apply to the construction of new buildings.

INTRODUCTION:

Council at the meeting of the 26 October 2000 resolved to amend the Planning Scheme to include a discretionary clause in Section 4.6.10 (ii) in order to facilitate the use of existing buildings, as it encourages the re-use of housing stocks and promotes inner city residential development”.

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BACKGROUND:

The Minister for Local Government and Planning, Hon. Nita Cunningham, advised Council in January 2001 that the proposed amendment did not adversely affect State interests.

The proposed amendment was advertised in the Cairns Post in February 2001 and the Public Notice detailing the amendment was held at the Customer Service Centre for the statutory period of 30 business days. No counter enquires were received and no formal submissions were lodged during that period.

COMMENT:

The Planning Scheme for the Part of the City of Cairns requires the following setback conditions:

4.6.10 Boarding Houses (Medium Density) and (High Density) Hostels (Medium Density) and (High Density) a. The development of Boarding Houses (Medium Density), Boarding Houses (High Density), Hostels (Medium Density), Hostels (High Density) shall be in accordance with the following provisions: -

(i)……………………………………………………………………….

(ii) Site Development Criteria:

• The site development criteria specified in Development Control Plan 2 in relation to height of buildings, site coverage, plot ratio and setbacks shall be satisfied;

• In the case where Development Control Plan 2 does not specify setbacks, the following setbacks shall apply:-

o Setback from main street frontage – 6 metres o Setback from secondary street frontage – 3 metres o Setback from public open space – 4.5 metres o Setback from side and rear boundaries

Building not exceeding 4.5 metres in height – 1.5 metres Building over 4.5 metres but not exceeding 7.5 metres in height – 2 metres Building over 7.5 metres in height – 2 metres plus 0.5 metres or part thereof by which the building exceeds 7.5 metres in height.

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Whilst these requirements should be applied to new buildings, a relaxation for existing buildings in the inner city is strongly recommended.

CONSIDERATIONS:

Statutory:

The Minister’s letter of the 23 January advised Council that it need not comply with Section 18 of Schedule 1. Council can therefore resolve to adopt the amendment without further referral to the Department of Local Government and Planning. Should Council resolve to adopt the amendment, a notice to that effect must be placed in the newspaper and copies supplied to the Department.

Policy:

The general effect of the amendment is to facilitate the use of existing buildings by encouraging the re-use of existing housing stocks and promoting inner city residential development.

Financial:

Not applicable

Social:

Revitalisation of the inner city and the provision of additional residential accommodation will provide social benefits to the community of Cairns.

CONSULTATION:

This is a minor amendment, which does not warrant extensive community consultation. Similar types of amendments have always attracted comments from the Planning sector. It would seem that as no submissions have been received the Planning profession this is considered to be a sound amendment. The Minister’s waiver of Section 18 is a clear indication of the Department’s support for this amendment.

This amendment is supported by the General Manager City Development.

OPTIONS:

Adopt the amendment and achieve better utilisation of existing inner city buildings. If the amendment is not adopted than Council’s existing set back requirements will make redevelopment of these premises uneconomical.

CONCLUSION:

That the proposed amendments should be adopted.

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ATTACHMENTS:

A copy of the proposed revised scheme text is attached.

Linda Kirchner Project Officer: Strategic Planning

Greg Underwood Manager: Strategic Planning

John Howard General Manager: Corporate Strategy

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ATTACHMENT REVISED TEXT : SECTION 4.6.10 PLANNING SCHEME FOR THE PART OF THE CITY OF CAIRNS

(i)……………………………………………………………………….

(ii) Site Development Criteria:

• For the construction of new buildings the site development criteria specified in Development Control Plan 2 in relation to height of buildings, site coverage, plot ratio and setbacks shall be satisfied;

• In the case where Development Control Plan 2 does not specify setbacks, the following setbacks shall apply for the construction of new buildings:-

o Setback from main street frontage – 6 metres o Setback from secondary street frontage – 3 metres o Setback from public open space – 4.5 metres o Setback from side and rear boundaries

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• Where an existing building is proposed to be used for the development of Boarding Houses (Medium Density), Boarding Houses (High Density), Hostels (Medium Density), Hostels (High Density, Council may approve setbacks other than those specified above if it can be shown that : o The setbacks are consistent with the setbacks of surrounding buildings; o The setbacks do not adversely impact on visual amenity values; o The setbacks do not adversely impact on visibility or public safety (including ingress to the property and pedestrian movement); and o Other Town Planning and Engineering considerations are not adversely impacted, including provision of: Landscaped open space; Recreational facilities; Carparking; Stormwater drainage; and Other Services.

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PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 34 17 APRIL 2001

SUSTAINABLE INDUSTRIES INITIATIVE

Kylie Carman-Brown:NMW : 1/58/1-03: 285014

RECOMMENDATION:

That Council approve the contract with the EPA to provide further grant funding for the completion of phase 1 of the sustainable industries initiative and note the commitment to future phases.

INTRODUCTION:

The EPA is seeking to make a contractual arrangement with Cairns City Council to deliver funding to enable the finalisation of a sustainability scoping brief.

BACKGROUND:

Councillors agreed in November 2000 to the preparation of a scoping brief for sustainability in Cairns, with a particular focus on sustainable industries. A temporary officer was appointed in mid February.

The draft paper assesses present activities, current state of knowledge, current players and potential projects in the themes of:

• Biodiversity • Built Form • Culture and Recreation • Coastal Management • Community and Social Facilities • Economic Development • Education and awareness • Energy Consumption • Heritage • Housing • Solid Waste • Water Consumption • Waterways and Wetlands

On the basis of the work to date, the EPA is prepared to supply matching funding to Council’s contribution to ensure the completion of the scoping brief.

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COMMENT:

Work on the scoping brief to date has convinced officers that there is considerable scope for a wide ranging approach to sustainable development, with Council acting as the lead agency. Discussions with the EPA’s Sustainable Industries Section has proceeded upon this basis.

At the same time as the scoping brief is being prepared, officers have made an approach to selected businesses to ascertain their interest in participating in a Cleaner Production partnership with the EPA. We received a positive response rate of 25%. These businesses would work with the EPA to identify where in their operations efficiencies can be made. Upon acceptance into the program the EPA funds eco-audits and then will assist the business to implement the efficiencies made.

It is envisaged that the cleaner production project as described above will form one component of the broader sustainability plan.

The project outline is set out below:

Phase 1 – Scoping Brief

This will produce a review document which sets out the broad themes for consideration. For each theme there will be an assessment of current activity (both Council and external bodies), identification of interested stakeholders, assessment of knowledge gaps, suggested targets and future projects, which progress towards sustainability. Finally, linkages between each sector are identified.

This work is half complete, and EPA funding will be used to complete it.

Phase 2 – Establishment of a Regional Sustainability Steering Committee

The scoping brief will identify those agencies who should form an independent steering group. Council will be a member of this group. It will have terms of reference, and will be the body which makes funding decisions for individual projects. Funding for the operation of the steering group will come from the EPA.

The group would meet on an as needs basis until the plan was completed and signed off, and then every two months for progress reports.

Phase 3 – Developing the Sustainability Plan

This group will take the scoping brief and refine it to the next step of an agreed strategy. It will: • Establish a vision for Cairns; • Establish targets; • Identify projects which meet the targets; • Determine the monitoring required for compliance with the targets; and • Identify yearly funding priorities.

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Phase 4 – Lever Funding Opportunities

The inclusion of stakeholders in a regional group enables an approach which can lever funding from diverse sources. The EPA is proposing seed funding for projects which demonstrate best practice in cleaner production. Each theme in the scoping brief has already identified potential sources of funding which can complement the funding ability of individual members of the steering committee, as well federal sources.

Phase 5 – Implementation of Identified Projects

Each member of the steering group will be responsible for the progress of the individual projects which relate to their area of interest.

Funds Administration

It is proposed that Council would act as the funds trustee for the steering group. The group would make expenditure recommendations. This can be counted as an in kind contribution of Council to the project.

Reporting Requirements

Each member of the steering group will maintain their own reporting requirements to their organisation. For funds granted to the group as a whole, a working group will be responsible for reporting on progress for each project and back to the funding body under the normal grant acquittal processes.

CONSIDERATIONS:

Policy:

The primary policy document that this issue relates to is Council’s Corporate Plan, Section 2 on Sustainable Development.

Financial:

There is some urgency on the part of the EPA to deliver the funding to continue this project. Council has already made it’s contribution through the allocation of $10,000 in November.

In the long term, Council would be committed to funding projects which would improve it’s own performance in eco-efficiency. For example, this could be energy auditing of key Council sites. There is also a range of actions which Council is already undertaking which will form part of Council’s commitment.

Council would also be asked to support the appointment of a sustainability project officer, through the provision of office space and possibly a contribution to salary.

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Social:

The scoping brief in preparation includes consideration of the social and community aspects of sustainable development.

CONSULTATION:

No formal public consultation is required at this stage. Consultation with appropriate sections of Council and external stakeholders has been ongoing in the preparation of the brief. Internally 21 staff have been approached for input from Strategic Planning, Precinct and Facilities, Cairns Water, Community Services, City Assessment, Far North Building Certification and Finance. A formal series of meetings is being set up to suit the input of external agencies. This will include but not be limited to the Department of State Development, Department of Natural Resources, Environmental Protection Agency, Beach Protection Agency, Department of Family, Children, Youth and Community Care, and Queensland Transport.

CONCLUSION:

Council’s initial seed funding of $10,000 has within a few weeks of work commencing attracted the same amount of matching funding. This is subject to Council agreeing to continue it’s commitment to sustainable development expressed in the Corporate Plan and act as the lead agency to coordinate a long term sustainability plan. The EPA is hoping that this process will prove applicable to the rest of the state.

In doing so Council will be able to attract substantial funding to Cairns to undertake key works in environmental efficiency.

ATTACHMENTS:

Correspondence from EPA re funding.

Kylie Carman-Brown Temp Project Officer, Strategic Planning

Greg Underwood Manager Strategic Planning

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John Howard General Manager Corporate Strategy

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PLANNING, DEVELOPMENT AND COMMUNITY SERVICES COMMITTEE 35 17 APRIL 2001

STRATEGIC PLANNING MONTHLY REPORT FOR MARCH 2001

Deborah Wellington: 1/58/1-03: 283926

RECOMMENDATION:

That Council note the report.

INTRODUCTION:

This monthly report outlines the activities and status of projects for the Strategic Planning Branch.

The role of the Strategic Planning Branch has been expanded to include the responsibility of Emergency Risk Management, Corporate Risk Management and Economic Development.

1.0 MONTHLY REPORT

1.1 Risk Joan Crawford had been appointed for 8 months to prepare a Disaster Risk Mitigation Report in consultation with key organisations.

A review of the emergency management planning procedures for natural disasters using risk management principles has commenced to comply with national disaster relief agreement funding guidelines.

1.2 CairnsPlan

District Plans Community consultation on the series of preliminary district plans is being organised and a schedule of dates and venues has been previously forwarded to Councillors. Feedback from the public meetings will be collated and reported back to relevant Councillors. Consultation on existing and proposed open space is being undertaken at the same time.

Edmonton Industry and Business Planning Study As part of the preparation of the Woree to Edmonton District Plan GHD have been commissioned to examine the potential for an Industry and Business node at Thompson Road. It is expected that the study will be completed by mid May.

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Infrastructure Charges Plan It is intended that a draft of the Infrastructure Charges Plan for Drainage and Transport and the Infrastructure Charges Plan for Local Area Opens Space will be tabled at the next Planning, Development and Community Services meeting on the 15 May 2001.

Development Manual Council’s Development Manual is being converted into draft code, policy and guidelines in consultation with the Department of Local Government and Planning.

1.3 Transport Management

Traffic Management Plan At the request of Council, the Traffic Management Plan for the City has been again workshopped with the development industry and will be presented at the Planning, Development and Community Services meeting of the 15 May 2001.

CBD Parking A further workshop for Councillors will be provided on the 3 May 2001 to explain parking options for the CBD (including the removal of meters, changes to charges and fines and long term infringements).

1.4 Drainage Management

CBD Drainage The planning report has now been completed. This will be workshopped with Council on the 3 May 2001. The key findings from the study will be presented to interested sector groups prior to the final report being tabled before Council.

1.5 Environmental Management

Sustainable Industries Initiative Kylie Carmen-Brown has been appointed for 6 months to co-ordinate the Sustainable Industries Initiative, which commenced in mid February. To date, discussions have taken place with CREDC to identify businesses, which might be interested in eco auditing with assistance from the EPA. Those that responded positively were introduced to relevant EPA officers who are now working with those businesses to develop assistance programs.

At the same time, a survey of all existing activities is being undertaken. This will provide an overview of sustainability works in Cairns, and will provide the basis for developing a strategy. This work has attracted the attention of the Sustainable Industries Division who is offering funding to complete and implement the strategy.

The benefits of the project include delivering on commitments within the Corporate Plan, developing a partnership approach to environmental management, and encouraging liaison between different sections of Council.

All other considerations were reviewed and deemed not applicable.

299

ATTACHMENTS:

Nil

Greg Underwood Manager Strategic Planning

John Howard General Manager Corporate Strategy

300

PLANNING, DEVELOPMENT AND COMMUNITY SERVICES COMMITTEE. 36

17 APRIL 2001

FAR NORTH BUILDING CERTIFICATION – REPORT FOR PERIOD ENDING 28 MARCH 2001.

Nigel Daniels : 12/2/3-03 : 283924

RECOMMENDATION: Council note the report from Far North Building Certification for the period ending 31 March 2001.

INTRODUCTION:

BUILDING ACTIVITY.

Building activity within the Cairns local government area remains fairly steady at about $10M per month (with some exceptions), although the numbers of approvals have risen.

However, changes in any one month should not be assumed to be indications of a trend.

Long range forecasts indicate that the present general trend can continue until the beginning of a rise in 2003 from when there should be a steady rise until 2006.

The following table gives details for recent months:

CLASS DESCRIPTION DECEMBER JANUARY FEBRUARY MARCH 2000 2001 2001 2001

10A DOMESTIC 36 39 40 51 OUTBUILDINGS $297,000 $199,000 $291,000 10B STRUCTURES OTHER 3 4 THAN POOLS $5,000 $26000 10B SWIMMING POOLS 25 30 20 38 $43,900 $282,000 $525,000 ALTERATIONS AND ADDITIONS – ALL 57 69 62 61 BUILDINGS $649,000 $2,384,000 $3,995,000 1A DWELLINGS 46 27 30 36 $3,313,000 $4,230,000 $4,479,000 1B SMALL BOARDING 1 1 2 HOUSES. $228,000 $5,000 $249,000 2 FLATS / HOME UNITS 3 1 2 0 $186,000 $276,000 3 HOTELS / MOTELS / 0 0 2 0 HOSTELS $3,030,000 4 CARETAKERS - 0 0 DWELLING 5 OFFICES 0 0 0

301

6 SHOPS 0 0 1 $300,000 7 WAREHOUSES 0 0 1 0 $45,000 8 FACTORIES 0 0 0

9A HEALTH CARE 2 0 0 BUILDINGS 9B PUBLIC ASSEMBLY 4 1 1 BUILDINGS $46,000

TOTAL NUMBER 173 167 158 192

TOTAL VALUE 14,411,000 9,884,000 $10,406,000. $9,662,000

Progressive summaries of building statistics are given in the following charts:

CAIRNS CITY COUNCIL DWELLINGS - NUMBER - MONTHLY - TO MARCH 2001. Far North Building certification Ph: 4044 3583 fax: 4044 3840 Email: [email protected] www.cairns.qld.gov.au

100 90 90

70 Number of dwellings. 70 70 59 60

50 45 39 41 46 40 32 40 37 36 30 26 27 30 20

0 Jul-00 Apr-00 Oct-00 Jan-01 Jun-00 Jan-00 Feb-01 Feb-00 Mar-01 Mar-00 Aug-00 Sep-00 Nov-00 Dec-00 May-00

302

CA IRNS CITY COUNCIL DWELLINGS - VALUE - MONTHLY TO MARCH 2001. Far North Building certification Ph: 4044 3583 fax: 4044 3840 Email: [email protected] www.cairns.qld.gov.au www.buildingcertification.qld.gov.au

1,200

1,012 1,000 955 Value X 918 10,000. 800 868

604 600 552 550 571 488 448 504 423 400 406 279 331 200

0 Jul-00 Apr-00 Jan-01 Jan-00 Jun-00 Mar-01 Mar-00 Oct-00 Feb-01 Feb-00 Aug-00 Nov-00 Sep-00 May-00 Dec-00

CAIRNS CITY COUNCIL ALL BUILDINGS - NUMBER - MONTHLY - TO MARCH 2001. Far North Building certification Ph: 4044 3583 fax: 4044 3840 Email: [email protected] www.cairns.qld.gov.au 350 www buildingcertification qld gov au 294 300 267 249 248 250 232 228 226 198 231 192 200 167 205 173 150 All buildings - number. 158 149 100

0 Jul-00 Apr-00 Oct-00 Jan-00 Jun-00 Jan-01 Feb-00 Feb-01 Mar-00 Mar-01 Aug-00 Nov-00 Sep-00 Dec-00 May-00

303

CAIRNS CITY COUNCIL ALL BUILDINGS - VALUE - MONTHLY - TO MARCH 2001. Far North Building certification Ph: 4044 3583 fax: 4044 3840 Email: [email protected] www.cairns.qld.gov.au 4,000 3,376 3,500 3,000 2,446 2,500 2,000 All buildings - value X 10,000. 1,500 1,385 1,441 1,070 1,041 868 1,004 1,103 1,000 765 1,057 889 863 988 966 500 0

OTHER ACTIVITIES:

Representation on committees and Reference Groups.

Development Industry Liaison Group – FNBC’s contribution to the recent meetings of DILG have dealt with: Proposed energy efficiency code for buildings. At present a code is being developed for the sub-tropical areas of Queensland. A reference group has been formed from members of DILG; a similar reference group has been formed by the Housing Industry Association. The draft code for comment is expected to be released in late April. The draft code departs from the model used for temperate climates and will most likely be the format used for the humid tropics. Asbestos in existing buildings. Applicable to workplaces, existing buildings are now required to have an asbestos audit undertaken and a register kept of asbestos which may be present in the building. The register is available to any person working in the building, carrying out work on the building and to prospective purchasers.

Building Industry Reference Group (Department of Local Government and Planning) – Activity relates to development and review of building standards in Queensland. Current activity relates to production of the Queensland Development Code, which will contain a number of separate codes including, among other things, siting provisions for domestic buildings, sediment and erosion control on domestic building sites and energy efficiency. The code will comprise mandatory codes, default codes (to apply in the absence of equivalent provisions in a planning instrument or local law) and optional

304 codes. The QDC in its initial form may not be complete, codes will be added to the QDC as they are prepared. It will be supplementary to the Building code of Australia – not supplant it. It is anticipated that the QDC will be implemented later this year.

James Cook Cyclone Structural Station – Although there is representation on the Management Committee of the Testing Station, travelling cost and time usually precludes attending meetings. The Station has, since its inception in the years following Cyclone Althea in 1971, been a highly successful advocate of practical research into structures for high wind areas. The station has been notable for it testing on full size structures and, through the results of the testing, for being able to minimise the cost of cyclone resistant construction; keeping the construction costs well below those which would result from structural design based on pre-existing empirical design methods.

Contract with Cairns Port Authority.

The Council has entered into a contract with the Cairns Port Authority for Far North Building Certification to provide building certification services to the Authority in its capacity of Assessment Manager for developments on Strategic Port Land, under the provisions of the Integrated Planning Act 1997. The contract was won after submission of a tender for provision of services in response to the Authority’s advertisement for consultants to be part of the Authority’s panel of providers.

This is the second contract for these services won on a competitive tender. It brings to thirteen, the number of local government, DOGIT or other authorities who have engaged FNBC to act for them as building certifiers; other than those obtained by competitive tender, the authorities engaged FNBC, direct, for provision of building certification services.

Building and Development Tribunal.

The Manager Far North Building Certification and one Building Certifier, both of whom hold appointments a Building and Development Tribunal referees, attended a one-day work Tribunal workshop, in Brisbane, 19 March 2001.

Termite Protection Workshop.

Termite protection workshop, 19 March 2001, attended by Council’s building certifiers and building surveyors.

Nigel Daniels Manager Far North Building Certification.

Peter Tabulo General Manager City Development.

305

PLANNING, DEVELOPMENT AND COMMUNITY SERVICES COMMITTEE 37 17/04/01

EMERGENT GRANT REQUESTS

Elizabeth V. Brown:EB : 10/25/1-02: 284014

RECOMMENDATION:

That Council approves the Emergent Requests from the Cairns Potters Club for $4,550.00 and the Cairns Art Society for $5,000.00.

INTRODUCTION:

Requests for Emergent Request grants have been received from the Cairns Potters Club and the Cairns Art Society.

The Potters Club is requesting $4,550 towards the cost of their Biannual Ceramics Exhibition, $2,000 be for Awards and Prizes and $2,550 toward coordination costs.

The Cairns Art Society is requesting $5,000 towards the cost of their 55th Annual Open Art Exhibition, $3,000 is for Awards and Prizes and the remainder for coordination costs.

Emergent Requests are those requests for financial assistance which ‘emerge’ outside of Financial Assistance Grants funding rounds. For various reasons these requests can not be delayed until the next round and are dealt with on an individual basis.

As detailed in the Financial Assistance Grants Funding – Policy Guidelines funding for Emergent Requests comes the Arts and Cultural Stream of the Financial Assistance Grants (3 program streams) budget. The screening of Emergent Requests is the same for any application for assistance and the eligibility rules as stated in the Financial Assistance Grants Guidelines.

BACKGROUND:

Whilst a funding round has recently closed, the 2 month turn-around for notification does not allow for the groups to coordinate and promote their activities. The applications have been assessed by the Arts and Cultural Reference Group, who have identified the legitimacy of their urgent status and merit of the applications.

306

Cairns Potters Club Inc. The purpose of the exhibition titled ‘Melting Pot 2’ is to provide an exhibition of the current stage of development of the work of Cairns ceramists in a National context. This will be the fifth such event organised by the Club and is designed to encourage the display of ceramic works from noted national and regional professional ceramic artists.

In order to encourage the submission of high quality work and present a premium exhibition it is essential to provide for a significant award, ensure that the judge is acceptable to the pier group and has an excellent reputation for professionalism and artistic talent. The funding contribution sought from Council is intended to ensure that these criteria are met and that high standard of excellence is maintained.

Cairns Art Society. This is the 2nd largest financial exhibition in regional Queensland and is nationally advertised and promoted. Council funding will be used towards the ‘The Cairns City Council Open Award’ which has always been the most prestigious award in this competition as it is also a non-acquisitive award.

Council’s support is crucial at this stage to ensure the confirmation from other sponsors. The group have secured their judge from Brisbane, Mr Phillip Bacon, who is a nationally known art dealer, his reputation alone will attract a lot of entries.

Allocation of funds to the Cairns Arts Society is subject to the satisfactory acquittal of outstanding grants.

COMMENT:

The Arts and Cultural Reference Group recommend that the groups be funded. However, they request that comment made from the group regarding their applications be fed back to the group through the Arts and Cultural Planning and Development Officer.

CONSIDERATIONS:

All other considerations were reviewed and deemed not applicable.

CONSULTATION:

Arts and Cultural Reference Group, asses urgency and merit of application.

OPTIONS:

Nil

CONCLUSION:

307

The Council considers the request from the Cairns Potters Club and the Cairns Arts Society as worthwhile community events that are deserving of support in their proposed activities.

ATTACHMENTS:

Nil

Elizabeth Brown Arts and Cultural Planning and Development Officer

Leslie Sparkes Manager Community Development

Peter Tabulo General Manager City Development

308

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 38 17 APRIL 2001

MONTHLY REPORT TO COUNCIL – CITY ASSESSMENT

Brendan Nelson:mkh: 1/59/2 : 280932

RECOMMENDATION:

That the report be noted.

1.0 GENERAL

Councillors, herewith is the Monthly Report for the City Assessment Branch covering the activities for the month of March, the report comprises separate sections within the Branch.

2.0 CITY ASSESSMENT BRANCH

2.1 Applications

A total of 54 applications are currently under assessment by the Development Assessment Branch.

2.2 Appeals

At the end of March the number of outstanding Appeals was 12.

2.3 Current Subdivision Works

Following is a list of subdivisions currently under construction:

Redlynch Valley Estate Stage 12A, Redlynch D Crawford Stanton Road, Smithfield Rokeby Developments Pty Ltd at Poolwood Road, Kewarra Beach Redlynch Valley Estate, external sewer Heath Developments, Falcon Street, Bayview Stockland Pty Ltd, Foley Road, Palm Cove

Subdivisions Accepted “On Maintenance”

Redlynch Valley Estate Stage 5A, Redlynch

Inspection for Early Plan Sealing & Bonding –

Nil

309

Off Maintenance

Kanimbla Heights Estate – Stage 12

Brendan Nelson Manager – City Assessment

310

Current Development Applications CITY ASSESSMENT – 17/04/01

Cr Paul Gregory - Division 1 : Material Change of Use – Impact

Date Received: 15/06/2000 Application No: 8/8/202 Applicant: Thomas Corcoran Property Details: Lot 2 Gillies Highway, Gordonvale Proposed Use: Subdivision into 6 Low Density Residential lots Anticipated Meeting Date: 17/04/01 Assigned To: Neil Beck Status: Decision Stage

Date Received: 04/01/2001 Application No: 8/8/248 Applicant: Joe and Angelina Bonso Property Details: Bramston Beach Road, Via Miriwinni Qld Proposed Use: Extractive Industry Anticipated Meeting Date: 17/04/01 Assigned To: Neil Beck Status: Decision stage

Date Received: 04/04/2000 Application No: 8/8/192 Applicant: Daniel & Leanne Foley Property Details: Lot 1 Little Mulgrave Road, Little Mulgrave Proposed Use: Outdoor Entertainment Anticipated Meeting Date: 17/04/01 Assigned To: Neil Blamey Status: Decision Stage – deferred by Council

311

Cr Fran Lindsay - Division 2 : Material Change of Use - Impact

Date Received: 16/08/2000 Application No: 8/8/222 Applicant: WD and Y Aquaculture Property Details: Lee Yan Rd, Pine Creek Rd & Esplanade Glen Boughton Proposed Use: Aquaculture Anticipated Meeting Date: 17/04/01 Assigned To: Neil Blamey Status: Decision stage

Date Received: 08/11/2000 Application No: 8/13/364 Applicant: CSR Limited Property Details: Isabella Road, Edmonton Qld Proposed Use: 1.00 additional lot/s Anticipated Meeting Date: 01/03/01 Assigned To: Neil Beck Status: Applicant to provide representation re Draft Conditions (suspended)

Date Received: 20/03/01 Application No: 8/8/270 Applicant: JR & KF Davis Property Details: 36 Ravizzia Drive, Edmonton Proposed Use: Home Occupation – 2nd hand whitegoods Anticipated Meeting Date: Unknown Assigned To: Neil Blamey Status: Acknowledgement

312

Cr Jeff Pezzutti - Division 3 : Material Change of Use - Impact

Date Received: 21/12/2000 Application No: 8/8/245 Applicant: Richard Matara Property Details: 92 Progress Road, White Rock Proposed Use: Church, Church Hall, Caretaker's Residence and Ancillary Facilities Anticipated Meeting Date: Awaiting further information Assigned To: Jenny Elphinstone Status: Decision Stage

Reconfiguring a Lot

Date Received: 29/04/1999 Application No: 8/13/143 Applicant: Wayne Dagleish Property Details: Benjamina Street, Forest Gardens, White Rock Proposed Use: 1.00 additional lot/s Anticipated Meeting Date: Unknown Assigned To: Neil Blamey Status: Deferred by applicant

Date Received: 09/03/01 Application No: 8/8/263 Applicant: Blackmoon Pty Ltd Property Details: L36 Vickers St Edmonton Proposed Use: Hardware Store Anticipated Meeting Date: Unknown Assigned To: Jenny Elphinstone Status: Public Notification Stage

Date Received: 04/04/01 Application No: 8/8/274 Applicant: Seldon Pty Ltd Property Details: Cnr Bruce Highway/Foster Road White Rock Proposed Use: Restaurant/Takeaway/Drive thru Anticipated Meeting Date: Unknown Assigned To: Neil Beck Status: Acknowledgement notice

313

Cr Paul Freebody - Division 4 : Material Change of Use - Impact

Date Received: 25/07/2000 Application No: 8/8/213 Applicant: Nomads Utopia Backpackers Property Details: 702 Bruce Highway, Woree Proposed Use: Accommodation Units (Backpackers, Hostel) Anticipated Meeting Date: Unknown Assigned To: Neil Beck Status: Deferred awaiting information from applicant

Date Received: 13/02/01 Application No: 8/8/257 Applicant: JILT Pty Ltd Property Details: 56/58 Anderon St Proposed Use: Child Care Centre Anticipated Meeting Date: Unknown Assigned To: J Cardiff Status: Public notification

314

Cr Jason O'Brien - Division 5 : Material Change of Use - Impact Date Received: 10/01/2001 Application No: 8/8/251 Applicant: Patrick and Kelly Le Plastrier Property Details: 195 Newell Street, Westcourt Proposed Use: Warehouse Anticipated Meeting Date: Unknown Assigned To: Neil Beck Status: Public Notification Stage

Material Change of Use – Code Date Received: 22/09/2000 Application No: 8/33/10 Applicant: Northern Refuelling Maintenance Property Details: 56 Nelson Street, Bungalow Proposed Use: Boilermaking and Engineering Anticipated Meeting Date: Unknown Assigned To: Neil Blamey Status: Further information requested

Date Received: 10/01/2001 Application No: 8/33/25 Applicant: Mr Ray Wheeler Property Details: 8-10 Federation Street, Bungalow Qld Proposed Use: Plastic Manufacture & Boat Maintenance Anticipated Meeting Date: N/A Delegated Authority (Manager) Assigned To: Graham Houldsworth Status: Further Information requested

Date Received: 22/12/2000 Application No: 8/30/14 Applicant: Trackgate Pty Ltd Property Details: Lot 12 Kate Street, Woree Proposed Use: Service Station Anticipated Meeting Date:17/04/01 Assigned To: Belinda Jackson Status: Public notification

Date Received: 16/03/01 Application No: 8/8/269 Applicant: R Pelgrave Property Details: 129 Brown St Bungalow Proposed Use: Light Industry - Printery Anticipated Meeting Date: Unknown Assigned To: Belinda Jackson Status: Acknowledgement stage

315

Date Received: 14/02/01 Application No: 8/8/258 Applicant: Nagata Tours P/L Property Details: 203 Newell St Proposed Use: Vehicle Repair/Showroom/Outdoor Sales Anticipated Meeting Date: 03/05/01 Assigned To: Belinda Jackson Status: Public notification stage

Date Received: 23/2/01 Application No: 8/8/261 Applicant: Development Approval Services Property Details: 168 Buchan St Cairns Proposed Use: Beauty Salon/Caretaker’s residence Anticipated Meeting Date: Unknown Assigned To: Neil Beck Status: Public Notification Stage

Date Received: 14/2/01 Application No: 8/8/244 Applicant: Daikyo NQ Ltd Property Details: 117-121 Grafton St, Cairns Proposed Use: Hostel, Boarding house/Motel/Educational Establishment (Dive School) Anticipated Meeting Date: 17/04/01 Assigned To: Jenny Elphinstone Status: Decision Stage

Date Received: 14/02/01 Application No: 8/8/244 Applicant: Daikyo (NQ) Ltd Property Details: 117-121 Grafton St Proposed Use: Hostel/Boarding House/Motel/Educational Establishment,/Dive School Anticipated Meeting Date: 17/04/01 Assigned To: Jenny Elphinstone Status: Decision Stage

316

Cr Margaret Gill - Division 6 : Material Change of Use – Impact

Date Received: 02/02/01 Application No: 8/8/255 Applicant: Mr Luke Saurine Property Details: 209 McLeod St, Cairns North Proposed Use: Home Occupation Anticipated Meeting Date: Unknown Assigned To: Neil Blamey Status: Public notification

Date Received: 05/06/2000 Application No: 8/8/198 Applicant: Association for Relatives Property Details: 6 Rose Blank Close, Westcourt Qld Proposed Use: Special Residential Use Anticipated Meeting Date: Unknown Assigned To: Jenny Elphinstone Status: Deferred at applicant’s request

Date Received: 17/03/2000 Application No: 8/8/185 Applicant: R2 Architectural Drafting Property Details: 32 James Street, Manunda Proposed Use: Special Residential Use - Special Needs Accommodation for up to 118 Persons with Managers Unit Anticipated Meeting Date: 17/04/01 Assigned To: Jenny Elphinstone Status: Decision stage

Date Received: 07/08/2000 Application No: 8/8/217 Applicant: Charles Pherhad Property Details: 136-138 Grafton Street, Cairns Proposed Use: Hostel (Medium Density) Anticipated Meeting Date: Unknown Assigned To: Belinda Jackson Status: Further information requested

Date Received: 04/09/2000 Application No: 8/8/223 Applicant: Harue Pty Ltd Property Details: 141 Lake Street and 140 Grafton Street, Cairns Proposed Use: Hostel Anticipated Meeting Date: 03/05/01 Assigned To: Belinda Jackson Status: Public notification stage

317

Date Received: 14/03/01 Application No: 8/8/271 Applicant: L & L Begni Property Details: 145-147 Lake St Cairns Proposed Use: Additional beds for Girls Hostel Anticipated Meeting Date: Unknown Assigned To: Ian Behrendorff Status: Acknowledgement notice

Date Received: Application No: 8/8/268 Applicant: Gilligans Backpackers Property Details: 57-59 Grafton & Sheridan Streets Proposed Use: Hostel/Hotel/Ancillary Uses Anticipated Meeting Date: Unknown Assigned To: Neil Beck Status: Public Notification Stage

Date Received: 21/02/01 Application No: 8/8/260 Applicant: Bluewater Properties Property Details: 157-159 Grafton St Cairns Proposed Use: Holiday Apartments/Motel Units Anticipated Meeting Date: Unknown Assigned To: Jenny Elphinstone Status: Referred to concurrence agency

Date Received: 7/3/01 Application No: 8/8/262 Applicant: THL Pty Ltd Property Details: 99-105 Esplanade – 80-84 Abbott St Proposed Use: Accommodation Units/holiday apartment/motel/shops/restaurant Anticipated Meeting Date: Unknown Assigned To: Jenny Elphinstone Status: Public notification stage

Date Received: 21/02/01 Application No: 8/8/259 Applicant: JAPT Pty Ltd Property Details: 5-9 Digger St Cairns Proposed Use: Hostel, Manager’s Residence & Ancillary facilities Anticipated Meeting Date: Unknown Assigned To: Jenny Elphinstone Status: Public notification stage

318

Date Received: 04/04/01 Application No: 8/8/275 Applicant: Pantstone Pty LTd Property Details: 117A Abbott St, Cairns Proposed Use: Extension to restricted premises Anticipated Meeting Date: Unknown Assigned To: Neil Blamey Status: Acknowledgement notice

319

Councillor Deirdre Ford Division 8

Material Change of Use and Reconfiguring a Lot

Date Received: 10/11/2000 Application No: 8/30/12 Applicant: Dr Joy Rutledge Property Details: 28 & 30-34 Collins Avenue, Edge Hill Proposed Use: Bed and Breakfast and Creation of an Access Easement Anticipated Meeting Date: Unknown Assigned To: Julie Cardiff Status: Information Request

Date Received: 21/02/01 Application No: 8/13/383 Applicant: Michael Stott Property Details: L485 Hearl Close, Brinsmead Glen Proposed Use: 1 Lot into 2 Anticipated Meeting Date: Unknown Assigned To: Neil Beck Status: Acknowledgement notice

Date Received: 23/03/01 Application No: 8/8/273 Applicant: The Church Jesus Christ Latter Day Saints Property Details: 147-153 Woodward St, Edge Hill Proposed Use: Extensions to Church Anticipated Meeting Date: Unknown Assigned To: N Blamey Status: Acknowledgement Notice

320

Cr Margaret Cochrane - Division 10 Material Change of Use – Impact

Date Received: 12/03/01 Application No: 8/13/383 Applicant: Edward Earl Property Details: Dalziel Drive Stratford Proposed Use: 1 lot into 9 Anticipated Meeting Date: Unknown Assigned To: N Blamey Status: Referral stage

Date Received: 27/02/01 Application No: 8/13/385 Applicant: Beautiful Denern Property Details: L6 Holmes St Stratford Proposed Use: 1 lot into 9 Anticipated Meeting Date: Unknown Assigned To: N Blamey Status: Not properly made

321

Cr Sno Bonneau - Division 11 : Material Change of Use - Impact

Date Received: 01/12/2000 Application No: 8/8/243 Applicant: Heavey Lex 70 Pty Ltd Property Details: 20 Rudder St and Captain Cook Highway Clifton Beach Qld Proposed Use: Tourist Resort incorporating a Bar and Restaurant, 100 Motel Units, 89 Bed Hostel, Recreation Complex with Gym and Squash Court, Manager's Residence and Ancillary Facilities Anticipated Meeting Date: Unknown Assigned To: Julie Cardiff Status: Decision Stage

Date Received: 12/01/2001 Application No: 8/8/250 Applicant: Ms KL Guy & Ms CC Smith Property Details: 72-76 Trinity Beach Road, Trinity Beach Proposed Use: Multiple Dwelling (max 2 storey) Anticipated Meeting Date: 03/05/01 Assigned To: Neil Beck Status: Decision Stage

Date Received: 23/01/2001 Application No: 8/8/253 Applicant: Mr Brad Riley Property Details: Unit 6, 49-51 Vasey Esplanade Trinity Beach Qld Proposed Use: Home Occupation Anticipated Meeting Date: 17/04/01 Assigned To: Neil Blamey Status: Decision Stage

Reconfiguring a Lot Date Received: 17/08/2000 Application No: 8/13/344 Applicant: TNN (Cairns) Pty Ltd Property Details: Reed Road, Trinity Beach Qld Proposed Use: 2.00 additional lot/s Anticipated Meeting Date: Unknown Assigned To: Neil Beck Status: Information Request

322

Date Received: 25/09/2000 Application No: 8/13/355 Applicant: J & GH Muschal Property Details: L3 Alexandra Street Clifton Beach Qld Proposed Use: 1.00 additional lot/s Anticipated Meeting Date: Unknown Assigned To: Julie Cardiff Status: Information Request

Material Change of Use and Reconfiguring a Lot Date Received: 05/01/2001 Application No: 8/30/15 Applicant: Stockland (Constructors) P/L Property Details: Captain Cook Highway, Palm Cove Qld Proposed Use: Change the use of land from Rural to Residential 1 and to Create 4 Residential Allotments Anticipated Meeting Date: 17/04/01 Assigned To: Neil Beck Status: Decision Stage

Date Received: 9/2/01 Application No: 8/8/256 Applicant: Rex Davies Property Details: 34 Strombus Ave Trinity Beach Proposed Use: Dual Occupancy Anticipated Meeting Date: 17/04/01 Assigned To: Belinda Jackson Status: Notification stage

Date Received: 7/3/01 Application No: 8/8/265 Applicant: Power Graham & Dempsey Property Details: 84-86 Veivers 93,95-97 Cedar Rd Palm Cove Proposed Use: Shop & Restaurant Anticipated Meeting Date: Unknown Assigned To: Julie Cardiff Status: Referral stage - MRD

Date Received: 30/03/01 Application No: 8/30/18 Applicant: Daikyo NQ Ltd Property Details: Captain Cook Hwy & Triton St Palm Cove Proposed Use: Combined Application Anticipated Meeting Date: Unknown Assigned To: Julie Cardiff Status: Acknowledgement notice

323

Date Received: 20/03/01 Application No: 8/13/386 Applicant: Trinity Waters Development Property Details: 70-78 Moresby St Trinity Beach Proposed Use: Boundary Realignment Anticipated Meeting Date: Unknown Assigned To: Julie Cardiff Status: Acknowledgement stage

Date Received: 29/03/01 Application No: 8/13/387 Applicant: S Zaks Property Details: 51 Ellison St Clifton Beach Proposed Use: Reconfiguration 1 lot into 2 Anticipated Meeting Date: Unknown Assigned To: N Blamey Status: Acknowledgement stage

324

Cr Annette Sheppard - Division 12 : Material Change of Use – Impact

Date Received: 06/10/2000 Application No: 8/8/231 Applicant: Bluestone Pty Ltd Property Details: Ardisia Street, Smithfield Proposed Use: Supported Pensioner Accommodation Anticipated Meeting Date: Unknown Assigned To: Neil Blamey Status: Further information requested

Reconfiguring a Lot Date Received: 13/06/2000 Application No: 8/13/332 Applicant: William Rodney Leonard Property Details: Redlynch Intake Road, Redlynch Proposed Use: 1.00 additional lot/s Anticipated Meeting Date: Unknown Assigned To: Neil Beck Status: Applicant negotiating DMR conditions

Date Received: 23/01/2001 Application No: 8/13/376 Applicant: Ergon Energy Property Details: Kamerunga Road, Caravonica Proposed Use: 1.00 additional lot/s Anticipated Meeting Date: 17/04/01 Assigned To: Jenny Elphinstone Status: Decision stage

Date Received: 19/02/01 Application No: 8/13/380 Applicant: Cyril Oke Property Details: Redlynch Intake Road Proposed Use: Boundary Realignment Anticipated Meeting Date: 17/04/01 Assigned To: Belinda Jackson Status: Decision stage

Date Received: 21/03/01 Application No: 8/8/272 Applicant: Petroleum Design Property Details: Kennedy/Captain Cook Highway, Smithfield Proposed Use: Service Station Anticipated Meeting Date: Unknown Assigned To: Neil Beck Status: Public notification

325

Date Received: 12/03/01 Application No: 8/8/267 Applicant: J Rosenfeld Property Details: 133-137 Stanton Road Smithfield Proposed Use: Bed & Breakfast Anticipated Meeting Date: Unknown Assigned To: Belinda Jackson Status: Notification stage

Date Received: 08/03/01 Application No: 8/8/264 Applicant: Stateland Pty Ltd Property Details: Mt Milman Drive, Smithfield. Proposed Use: Retail outlet/bulk storage/shops Anticipated Meeting Date: Unknown Assigned To: Neil Beck Status: Public Notification

End of Report

326

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE 39

17 APRIL 2001

COMPENSATION CLAIMS & PLANNING APPEALS

Sue Shearer: 8/20/1 : 199233

RECOMMENDATION:

That the report be noted. ______

Attached is an updated list of current compensation claims and planning appeals currently with Council.

Brendan Nelson Manager – City Assessment

327

CAIRNS CITY COUNCIL (for Balance of the City of Cairns) COMPENSATION CLAIMS 1993 TOWN PLANNING SCHEME AS AT 9/4/2001 Description Applicant Comment Lot 392 Plan NR 7820 P.L. & S.A. Harris Harris has been notified that if appeal is not lodged Parish of Cairns PO Box 56, Manunda within the statutory time period Council’s refusal Location not known yet stands. Appeal period has expired, unless Harris Pre zone: Residential applies to extend time. Letter sent to Council on Post 93 zone: Rural 1/3/01 advising that as 4 months has elapsed without an appeal being lodged. Bruce Highway, Gordonvale Vamgold Pty Ltd Matter complete – Solicitors file has been closed. Lot 1 RP847022 & Lot 69 on RP749142 C/- 26 Florence Street, Cairns. Pre 1993 zone: Tourist Facilities Post 1993 zone: Retained Tourist Facilities with altered provisions: (a) site population density from 200 persons/hectare to 120 persons/hectare (b) uses such as accommodation units, caravan parks and holiday cabins were changed from as of right uses to consent uses; (c) retirement village was separately defined becoming a consent use within the Tourist Facilities zone (d) various changes were made to car parking, set back, site coverage and building height provisions. Kewarra Beach Resort R H Prettejohn, Kewarra Beach Resort Awaiting Counsel advice and continuing discussions. Lot 2 on RP 731761 Pre 1993 zone: Rural C and Tourist Facilities Post 1993 zone: Rural and Tourist Facilities (a) Restaurant and Office.

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-2- 9 Belleville Street, Stratford Tonak Pty. Limited GHD have been engaged to provide advice. Hillslopes issue. C/- Norbert Lipton & Co., Directions Hearing was held on 21/2/01. Hearing to Solicitors & Attorneys, take place in the sittings commencing on 15/10/01. 10th Level, 115 Pitt Street, Sydney. NSW. 2000.

CAIRNS CITY COUNCIL APPEALS / OTHER MATTERS MACDONNELLS LIST AS AT 5/3/2001 Appeal No. 31 of 1997 WER Developments Pty. Ltd. Council continuing discussions due for resolution at Catalano Road, Goldsborough. next callover Court – Awaiting further instructions. Appeal against conditions imposed on Council’s approval of subdivision application. Appeal No. 17 of 1999 Marino Council continuing discussions. Co-respondent has Redlynch Intake Road & Larsen Road, withdrawn. Awaiting applicants formal approach to Redlynch (Lot 3 on SP100442). Council for reconsideration. Appeal against refusal.

Appeal No. 25 of 1999 Donald Keith Davis Council continuing “without prejudice” discussions. 71 Upolu Esplanade, Clifton Beach. Appeal against conditions.

Appeal No. 299 of 2000 (Brisbane) Centro Negotiations of satisfactory conditions of approval 274-300 Mulgrave Road (Westcourt Plaza) – continuing. Matter should be resolved by May 2001. Showroom. Appeal against refusal. Appeal No. 15 of 2000 Farrow Mortgages Pty Ltd A draft set of conditions have been forwarded to the Application for residential and commercial Appellant to consider. Consent Order to be made on development on Lot 5 on RP854446. Appeal 9/4/01. against Council’s refusal.

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-3- Supreme Court No. S12 of 1999 Xontan Pty Ltd This matter has been finalised. Claim by Council for a declaration concerning an alleged agreement for sublease concerning a tenure at Palm Cove.

Supreme Court No. 154 of 1998 Cairns Earthmoving Contractors Pty Ltd Action against Council in negligence and for breach of contract. Relates to the collection of developer contributions for drainage works imposed by a condition on development approval. Negligence claim revolves around the formulation and adaptation of O’Leary Creek Drainage Management Plan. Supreme Court No. 77 of 1999 Vamgold Pty Ltd Action against Council in negligence and for breach of contract. Relates to the collection of developer contributions for drainage works imposed by a condition on development approval. Negligence claim revolves around the formulation and adaptation of O’Leary Creek Drainage Management Plan. Appeal No. 4 of 2000 Cairns Waste Management Group ats Cairns Application was heard in Brisbane on 5/4/01. The Relates to Regional Waste Management Earthmoving Contractors Pty Ltd & Thiess applicant is to withdraw the application for leave, with Facility. CEC/Thiess are seeking a Services Pty Ltd. each party bearing their own costs. declaration from the P & E Court that the operation of the Waste Reprocessing & Recycling Facility is impact assessable development. Appeal No. 6 of 2000 David Singh-Majhel Withdrawal lodged. Matter now finalised. Family Lot subdivision – Lady Penrhyn Close, Centenary Park. Appeal against conditions.

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-4- Appeal No. 20 of 2000 Tong Sing Pty Ltd Appeal against conditions. Appellants Solicitors not Reconfiguration of land situated at Cnr moving matter along this sitting – next callover. Spence & Ogden Streets, Cairns. Appeal against conditions Appeal No. 3 of 2001 Grofski Preliminary Without Prejudice meeting held on Material Change of Use – Trapeze Ride 27/2/01. Applicant intends to lodge further written Corner of Sheridan & Spence Streets. representations prior to matter being heard. Appeal against refusal. MacDonnells to provide preliminary advice. Appeal No. 7 of 2001 Maple Holdings Limited & Ors Appeal against Enforcement Notice for unlawful Land – Bramston Beach. clearing issued by DNR. Council has elected to co- respond. Application for stay of enforcement notice to be heard on 9/4/2001.