CAIRNS CITY COUNCIL

PLANNING & ENVIRONMENT COMMITTEE

14 JULY 2005

5.30P.M.

TABLE OF CONTENTS

1. APPLICATION RECEIVED FROM ANDREA SIMON TO PURCHASE COUNCIL FREEHOLD LAND AT LOT 10 ON RP721530 (21-25 DILLON STREET, BUNGALOW) - DIV 5...... 1 Kerrie Pickering : 19/3/3-58: #1005900

2. APPLICATION RECEIVED FROM PAMELA RADCLIFFE TO PURCHASE PART OF COUNCIL’S FREEHOLD LAND AT LOT 666 ON NR7012 (132-138 WOODWARD STREET, EDGE HILL). DIV. 8...... 5 Kerrie Pickering : 19/3/3-58: #1009812

3. APPLICATIONS RECEIVED FROM DAVID FRAZER AND ROY MCINTOSH TO USE PART OF LOT 76 ON NR6508 (22-64 HIGHLEIGH ROAD, GORDONVALE) FOR HORSE GRAZING. DIV 1 ...... 9 Kerrie Pickering : 19/3/3-58: #1013311

4. PROPOSED CHANGES TO DOG EXERCISE AREAS IN ACCORDANCE WITH THE KEEPING, CONTROL AND IMPOUNDING OF ANIMALS LOCAL LAW 2003...... 12 Linda Kirchner : 1/11/3-03: #1020418

5. COMBINED APPLICATION – RECONFIGURING 1 LOT INTO 2 LOTS, MULTIPLE DWELLINGS & HOLIDAY APARTMENTS (MAXIMUM 3 STOREYS) – CAPTAIN COOK HIGHWAY, CLIFTON BEACH – DIVISION 11...... 19 Jenny Elphinstone: 8/30/50 : #905306

6. APPLICATION FOR REQUEST FOR CONSIDERATION UNDER SUPERSEDED PLANNING SCHEME – MULTIPLE DWELLINGS (MAX 3 STOREYS) – 31 KAMERUNGA ROAD, STRATFORD – DIVISION 10 ...... 55 Peter Boyd: 8/35/5 : #1007958v2

i 7. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - ACCOMMODATION UNITS (MEDIUM DENSITY) – 33-35 PALMERSTON STREET, AEROGLEN –– DIVISION 10 ...... 64 Kym Watton: 8/8/691 : #954908

8. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – DUAL OCCUPANCY – 13 WINDARRA STREET, WOREE – DIVISION 4 ...... 79 Rohan Lee: 8/8/718-01: #993516

9. MATERIAL CHANGE OF USE (CODE ASSESSMENT) – HOTEL & MINOR BUILDING WORK – CAPTAIN COOK HIGHWAY, SMITHFIELD – DIVISION 12...... 95 Rohan Lee: 8/7/162-01: #959508

10. NEGOTIATED DECISION - COMBINED APPLICATION – MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) AND RECONFIGURING A LOT – BOULDERS ROAD, BABINDA – DIVISION 1 ...... 117 Kym Watton: 8/30/45 : #1019901

11. RECONFIGURING A LOT (3 LOTS INTO 2 LOTS) – 415-419 SHERIDAN STREET, CAIRNS – DIVISION 10 ...... 124 Llew Beaton: 8/13/978-01 : #999181

12. RESPONSE TO DEPARTMENT OF TOURISM, FAIR TRADING AND WINE INDUSTRY DEVELOPMENT – LIQUOR LICENSING DIVISION – NEW APPLICATIONS ...... 134 Kelly Barnes: 8/20/6-03: #1021534

13. GENERAL POLICY - STRUCTURES WITHIN THE ROAD RESERVE INCLUDING SUBDIVISION IN STRATA...... 149 Deborah Wellington : 8/20/1-99 : #980807v2

14. CAIRNSPLAN - LOCAL HERITAGE AND CHARACTER ...... 155 Deborah Wellington : 8/24/3-02: #1022793

15. PALM COVE PETITION FROM RESIDENTS AND RATEPAYERS IN RESPECT OF PLANNING AND DEVELOPMENT ISSUES...... 160 Deborah Wellington : 8/20/1-100: #1017583

16. LOT 529 ON NR5709 - NQEA LAND - COOK STREET ...... 165 Deborah Wellington: 8/26/5-05: #1020265

17. MEMORANDUM OF UNDERSTANDING RELATING TO THE ROLES AND RESPONSIBILITIES OF LOCAL GOVERNMENT UNDER THE ENVIRONMENTAL PROTECTION ACT 1994 ...... 171 Owen McGrath: 1/58/1-06: #1015470

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18. CITY DEVELOPMENT – JUNE 2005 MONTHLY REPORT...... 181 Peter Tabulo : SDS : 1/3/83 #658824V24

19. COMPENSATION CLAIMS & APPEALS – JUNE 2005...... 214 Neil Beck: 1/59/2-01 : #536015 V35

20. PROPOSED PERMANENT ROAD CLOSURE IN STRATA OVER AN AREA OF ROAD (ESPLANADE, CAIRNS CITY) ADJOINING LOT 2 ON RP702098 (65 ESPLANADE, CAIRNS), APPLICANT: P&G INTERNATIONAL PTY LTD – DIV. 6 ...... 220 Kerrie Pickering : 19/3/3-56: #944680

21. COMPETITIVE PRACTICE IN RELATION TO BUILDING CERTIFICATION ACTIVITIES...... 227 Kerry Maggs : 12/2/2-11 : #1022503

22. APPLICATION FOR EXEMPTION FOR SWIMMING POOL FENCING AT FITZROY ISLAND RESORT, LOT 169 NR 5153 UNNAMED ROAD, FITZROY ISLAND ...... 237 Kerry Maggs : 12/2/2-11 : #1022993

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PLANNING & ENVIRONMENT COMMITTEE 1 14 JULY 2005

APPLICATION RECEIVED FROM ANDREA SIMON TO PURCHASE COUNCIL FREEHOLD LAND AT LOT 10 ON RP721530 (21-25 DILLON STREET, BUNGALOW) - DIV 5

Kerrie Pickering : 19/3/3-58: #1005900

RECOMMENDATION:

That Council advise Andrea Simon that it does not wish to sell the whole or any part of Council’s Lot 10 on RP721530 (21-25 Dillon Street, Bungalow).

INTRODUCTION:

Council has received an application from Andrea Simon (the Applicant) the registered owner of Lot 1 on RP730513 (17-19 Dillon Street, Bungalow) seeking approval to purchase Council’s freehold land being Lot 10 on RP721530 (21-25 Dillon Street, Bungalow).

BACKGROUND:

Lot 10 on RP721530 (21-25 Dillon Street, Bungalow) is vacant freehold land owned by Cairns City Council and adjoins the Applicant’s property. The subject site is designated as vacant land with an area of 473m 2 and fronts onto Dillon Street with part of the Dillon/Marshall Streets Drain at the rear.

The Applicant has advised that she is a committed gardener who would revegetate the site once it was incorporated into the Applicants property.

COMMENT:

Cairns Water Cairns Water considered the application and has determined that it has no impact on existing or proposed infrastructure.

Precincts and Facilities Precincts and Facilities considered this application from an operational point of view and has no objection to the recommendation of this report.

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City Assessment The subject site is in the Residential 2 Planning Area within the Inner Suburbs District under CairnsPlan.

City Assessment does not support the sale of the subject land on the following grounds:

• The subject site provides Council with a necessary access point to the eastern bank of Dillon/Marshall Streets drain to carry out maintenance on this section of the drainage network; • The subject land is positioned in close proximity to areas where future capital works may be necessary for road or bridge upgrades; • Erosion of the bank is possible given the creek’s drainage function and tidal influences.

Planning Strategies Planning Strategies comments are reflected in the commentary provided by City Assessment.

Infrastructure Management Infrastructure Management’s comments are reflected in the commentary provided by City Assessment.

CONSIDERATIONS:

Corporate and Operational Plans:

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

Statutory:

The sale of Lot 10 on RP721530 will require Ministerial exemption in accordance with Section 492 (1)(c) of the Local Government Act 1993 .

Financial:

Should the sale proceed, the Applicant will be responsible for all associated costs and Council will benefit financially from the proceeds of sale and increased rates and charges.

CONSULTATION:

As per the Comments section of this report.

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OPTIONS:

1. That Council advise Andrea Simon that it does not wish to sell the whole or any part of Council’s Lot 10 on RP721530 (21-25 Dillon Street, Bungalow).

2. That Council advise Andrea Simon that it will consider selling Lot 10 on RP721530 (21-25 Dillon Street, Bungalow) subject to:

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

• A sale price determined by way of market valuation as provided by a Registered Valuer, or as negotiated by the Mayor and Chief Executive Officer;

• The Applicant being responsible for all costs associated with the matter, including legal, survey etc;

• The subject land being amalgamated with purchaser’s property at no cost to Council.

CONCLUSION:

That Council concur with the Recommendation subject of this report.

ATTACHMENTS:

Attachment 1 – Site Plan

Kerrie Pickering Assistant Property Officer

Linda Kirchner Manager, Administration Services

Jo Anne Scarini General Manager, Corporate Services

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Site Plan

Mulgrave Road Westco Motors

Subject Site

Applicants Property

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PLANNING & ENVIRONMENT COMMITTEE 2 14 JULY 2005

APPLICATION RECEIVED FROM PAMELA RADCLIFFE TO PURCHASE PART OF COUNCIL’S FREEHOLD LAND AT LOT 666 ON NR7012 (132- 138 WOODWARD STREET, EDGE HILL). DIV. 8

Kerrie Pickering : 19/3/3-58: #1009812

RECOMMENDATION:

That Council advise Pamela Radcliffe that it objects to the application to purchase approximately 350m 2 of Council’s freehold land being part of Lot 666 on NR7012 (132-138 Woodward Street, Edge Hill).

INTRODUCTION:

Council received an application from Pamela Radcliffe the registered owner of Lot 143 on RP740384 (4 Arran Close, Edge Hill) seeking approval to purchase approximately 350m 2 of Council’s freehold land at Lot 666 on NR7012 (132-138 Woodward Street, Edge Hill).

BACKGROUND:

Lot 666 on NR7012 (132-138 Woodward Street, Edge Hill) is vacant freehold land owned by Cairns City Council. The land is designated as Vessey Park with a total area of 35430m 2 and adjoins the applicant’s property.

Lot 666 on NR7012 fronts onto Woodward Street and extends to Montrose Avenue.

The applicant has advised that the subject area (350m 2) will be used as an extension to the existing garden and the applicant does not propose to remove any trees or carry out major landscaping. The subject area will be fully fenced which will allow the applicant’s dogs free access.

COMMENT:

Infrastructure Management The subject site contains a creek system and the whole of the area is used as open space and drainage.

As there is no community benefit to sell the subject site, Infrastructure Management object to the proposed purchase of part of the subject lot.

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Cairns Water Cairns Water does not support the sale of the subject site as an existing sewer runs through the nominated area.

Planning Strategies Lot 666 on NR7021 is an extensive open space corridor that extends from Montrose Avenue to Woodward Street. The lot is designated Open Space and contains Category 3 significant waterways under CairnsPlan. The corridor has recreational, environmental and drainage functions which are considered to be valid grounds to support the retention of the allotment in its current state.

The sale of all or part of the lot has the potential to impact negatively on existing and future recreational, environmental and drainage functions of the corridor.

For these reasons, Planning Strategies objects to the proposed purchase of part of the subject lot.

City Assessment City Assessment’s comments are reflected in the commentary provided by Planning Strategies.

CONSIDERATIONS:

Corporate and Operational Plans:

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

Statutory:

Natural Resources and Mines will deal with the application in accordance with the requirements of the Land Act 1994 .

CONSULTATION:

As per the Comments section of this report.

OPTIONS: 1. That Council advise Pamela Radcliffe that it objects to the application to purchase approximately 350m 2 of Council’s freehold land being part of Lot 666 on NR7012 (132-138 Woodward Street, Edge Hill).

2. That Council advise Pamela Radcliffe that it supports the application to purchase approximately 350m 2 of Council’s freehold land being part of Lot 666 on NR7012 (132-138 Woodward Street, Edge Hill).

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

• A sale price determined by way of market valuation as provided by a Registered Valuer, or as negotiated by the Mayor and Chief Executive Officer;

• Delegation to the Mayor and Chief Executive Officer to negotiate on any and all matters pertaining to the sale;

• The Applicant being responsible for all costs associated with the matter, including legal, survey etc;

• The subject land being amalgamated with purchaser’s property at no cost to Council.

CONCLUSION:

That Council concur with the Recommendation subject of this report.

ATTACHMENTS:

Attachment 1 – Site plan

Kerrie Pickering Assistant Property Officer

Linda Kirchner Manager, Administration Services

Jo-Anne Scarini General Manager, Corporate Services

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Attachment 1

Applicants Property

Subject Area

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PLANNING & ENVIRONMENT COMMITTEE 3 14 JULY 2005

APPLICATIONS RECEIVED FROM DAVID FRAZER AND ROY MCINTOSH TO USE PART OF LOT 76 ON NR6508 (22-64 HIGHLEIGH ROAD, GORDONVALE) FOR HORSE GRAZING. DIV 1

Kerrie Pickering : 19/3/3-58: #1013311

RECOMMENDATION:

That Council advise David Frazer and Roy McIntosh that they are unable to utilise the whole or any part of Council’s Lot 76 on NR6508 (22-64 Highleigh Road, Gordonvale) for horse agistment as the use is inconsistent with the reserve purpose.

INTRODUCTION:

Council has received individual applications from David Frazer and Roy McIntosh seeking approval to use part of Council’s Lot 76 on NR6508 (22-64 Highleigh Road, Gordonvale).

The applicants have advised that the site will be used for horse agistment.

BACKGROUND:

Lot 76 on NR6508 (22-64 Highleigh Road, Gordonvale) forms part of Council’s Gordonvale Depot with an area of 22,410m 2. The subject site houses Council’s southern pound and SES building. Included in the pound yard is a fenced area used to impound large stock such as horses and cattle.

The subject site is Crown land with Council being Trustee. The reserve purpose is Local Government with a sub-purpose of depot and pound.

The reserve purpose provides for Council’s core activities and commercial horse agistment is not considered an appropriate use of the site.

COMMENT:

Legal Services The subject site is Crown land with Council being Trustee. The reserve purpose of the subject site is Local Government with a sub-purpose of depot and pound that provides for Council’s core activities. Commercial horse agistment is not aligned with the reserve purpose.

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In accordance with the Land Act 1994 approval from the Minister is required for secondary uses on trust land and it is unlikely that the Minister will approve the horse agistment use, therefore Council has no choice but to refuse the applications received.

Environmental Assessment Environmental Assessment considered the application from an operational point of view and advised that the use of the subject site for horse agistment would not be appropriate as it is essential that the site be accessible to Council staff at all times for storage of impounded animals.

City Assessment Under CairnsPlan the subject site is within the Community Facilities Planning Area. The purpose of this code is to establish community facilities such as Schools, Churches, Community Centres, State and Local Government facilities and major Public Utility Depots.

The use of horse agistment is inconsistent with the Community Facilities Planning Area and City Assessment objects to the application.

Infrastructure Management Infrastructure Management advised that the use of horse agistment cannot be supported, as it is inconsistent with the reserve purpose.

CONSIDERATIONS:

Corporate and Operational Plans:

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

Statutory:

The Land Act 1994 and Queensland’s Department of Natural Resources and Mines (NR&M) govern trust land. Council can issue tenure over trust land if ‘in principle’ approval has been obtained from the Minister.

The Minister will only issue approval for tenure over land held in trust, if the use of the site is consistent with the purpose for which the land was reserved or granted in trust. It is also a requirement of Natural Resources and Mines that a Secondary Use Land Management Plan accompany any proposed Trustee Lease’s. Land Management Plans are to be prepared by the Trustee and the costs of doing so are Council’s responsibility.

The reserve purpose of the subject site is Local Government with a sub-purpose of depot and pound. It is considered that horse agistment is not consistent with the purpose for which the land was granted in trust and therefore it is unlikely that the Minister would approve tenure over the subject site for this use.

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Financial:

Should Council utilise the subject site for horse agistment the expected revenue would be between $10 and $15 per week. Currently, the cost to Council to maintain the subject site is approximately $10 per week.

It is not considered financially viable to issue tenure over the subject site, as the administration costs involved to prepare the documents and maintain the tenure are substantial and would outweigh the revenue received.

CONSULTATION: As per the Comments section of this report.

OPTIONS:

As per the Recommendation subject of this report.

CONCLUSION:

That Council concur with the recommendation subject of this report.

ATTACHMENTS:

Nil

Kerrie Pickering Assistant Property Officer

Linda Kirchner Manager, Administration Services

Jo Anne Scarini General Manager, Corporate Services

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PLANNING & ENVIRONMENT COMMITTEE 4 14 JULY 2005

PROPOSED CHANGES TO DOG EXERCISE AREAS IN ACCORDANCE WITH THE KEEPING, CONTROL AND IMPOUNDING OF ANIMALS LOCAL LAW 2003

Linda Kirchner : 1/11/3-03: #1020418

RECOMMENDATION:

1. That designation of the following parcels as Dog Exercise Areas under section 38 (1) of Keeping, Control and Impounding of Animals Local Law 2003 be removed:

• CAIRNS CITY/NORTH CAIRNS: The area from Spence Street with the eastern boundary of the Lagoon walkway in the south to Smith Street in the north.

INTRODUCTION:

At the March 2003 Ordinary Meeting, Council resolved to make the Keeping, Control and Impounding of Animals Local Law 2003. Under Section 35 of that Local Law Council, may by resolution, designate land owned by it or under its control as dog exercise areas.

BACKGROUND:

Under the Local Law, all of Cairns is a designated as dog on leash (or under effective control) except those specific areas that have been designated as either dog prohibition areas or dog exercise (off leash) areas.

In April 2005, Environmental Assessment reviewed the designated exercise and prohibition areas and a number of recommendations were presented to Council and subsequently adopted. Environmental Assessment staff now propose an additional amendment specific to the Esplanade precinct.

At present the following area is designated as dog exercise area:

CAIRNS CITY/NORTH CAIRNS: The area from Spence Street with the eastern boundary of the Lagoon walkway in the south to Smith Street in the north. Parkland at the northern end of the Esplanade, North Cairns between Smith and Rutherford Streets, and bounded by Lake Street and the Esplanade on the western side, the Mangroves, and on the southern end, the pipe fence.

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Environmental Assessment staff have advised that the dog exercise area should be restricted to:

CAIRNS CITY/NORTH CAIRNS: Parkland at the northern end of the Esplanade, North Cairns between Smith and Rutherford Streets, and bounded by Lake Street and the Esplanade on the western side, the Mangroves, and on the southern end, the pipe fence.

The area defined as “ from Spence Street with the eastern boundary of the Lagoon walkway in the south to Smith Street in the north” would then become a dog on leash area.

This proposed amendment would not alter the current dog prohibition area in the Esplanade precinct:

CAIRNS CITY - PARKLAND RESERVE: The whole of the Cairns Central Business districted bounded by Aplin Street from the Esplanade to McLeod Street, McLeod Street from Aplin Street to Spence Street, Spence Street from McLeod Street to Sheridan Street, Sheridan Street from Spence Street to Wharf Street, Wharf Street from Sheridan Street to the Esplanade and the Esplanade from Wharf Street to Aplin Street. The area from Aplin Street along the walkway to Spence Street, Pier Point Road, Pier Point Road to the sea wall, along the sea wall to a point opposite the northern boundary of Aplin Street.

Should Council resolve to make this amendment, the change will be recorded in the Local Law register (including a map) which is available for viewing on the web and customer service and signs amended accordingly.

Council should note that this decision can be reviewed at any time and changed by subsequent resolution of Council should a change in circumstances relating to the site warrant it.

COMMENT:

Environmental Assessment staff are responsible for the enforcement of this local law. It is envisaged that from time to time they will propose amendments to each of the three categories.

CONSIDERATIONS:

Corporate and Operational Plans:

These proposed amended Declaration Areas are in recognition of the Corporate Plans objectives 1.1 An integrated approach to planning by Council and stakeholders, in the interests of community health and safety.

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Statutory:

The proposed amendments are in accordance with the requirements of the Local Government Act 1993 with respect to Local Laws.

Policy:

The proposed amendments are in accordance with Section 38 of the local law.

Financial:

It is noted that the associated signage will be reviewed and appropriate amendments made as required.

Sustainability:

The proposed amendment will help to ensure the safety and general amenity of members of the public using these areas.

CONSULTATION:

The report was prepared at the request of the Team Leader Local Laws and has been endorsed by the Manager Environmental Assessment and the Manager Precinct and Facilities.

OPTIONS:

Council can resolve to make this amendment.

Council can resolve not to make this amendment and fetter the ability of Council to regulate animals in this high profile precinct.

CONCLUSION:

It is considered that the greater good of the community is served by making this amendment.

ATTACHMENTS:

The three attached maps illustrate the proposed dog on leash, dog exercise and dog prohibition areas. If adopted, these will form part of the Local Law Register.

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Linda Kirchner Laurie Phipps Manager Administation Services Manager Environmental Services

Peter Tabulo General Manager City Development

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PLANNING & ENVIRONMENT COMMITTEE 5 14 JULY 2005

COMBINED APPLICATION – RECONFIGURING 1 LOT INTO 2 LOTS, MULTIPLE DWELLINGS & HOLIDAY APARTMENTS (MAXIMUM 3 STOREYS) – CAPTAIN COOK HIGHWAY, CLIFTON BEACH – DIVISION 11

Jenny Elphinstone: 8/30/50 : #905306

PROPOSAL : RECONFIGURING 1 LOT INTO 2 LOTS, MULTIPLE DWELLINGS & HOLIDAY APARTMENTS (MAXIMUM 3 STOREYS)

APPLICANT : HEDLEY CONSTRUCTIONS PTY LTD PO BOX 5902 CAIRNS QLD 4870

LOCATION: CAPTAIN COOK HIGHWAY, CLIFTON BEACH

PROPERTY: LOT 1 ON RP724705, PARISH OF SMITHFIELD

ZONE: SPECIAL FACILITIES

STRATEGIC PLAN: URBAN

DCP: HILLSLOPES CATEGORY A

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

REFERRAL AGENCIES: ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF MAIN ROADS

NUMBER OF SUBMITTERS: 4 (1 SUBMISSION NOT PROPERLY MADE)

STATUTORY ASSESSMENT DEADLINE: 4 AUGUST 2005

DIVISION: 11

APPENDIX: 1. ORIGINAL SITE LAYOUT PLAN 2. PROPOSED AMENDED PLAN

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LOCALITY PLAN

Subject Site

RECOMMENDATION:

That Council resolve to approve the combined application for a Material Change of Use for the development of Multiple Dwellings (Maximum 3 Storeys) and Holiday Apartments (Maximum 3 Storeys) (45, three bedroom units) together with the Reconfiguration of Lot (1 into 2 lots) on land at Lot 1 Captain Cook Highway, Clifton Beach, more particularly described as Lot 1 on RP724705, subject to the following conditions:

A. Material Change of Use Conditions

Assessment Manager

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:

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a. The approved plan attached, being Drawings project 04-36, SK-01 to SK-12 inclusive, dated 22 November 2004 by Hedley Constructions Pty Ltd and as amended by the plans SK-01 to SK- 12 Revision P1 inclusive, dated 21 March 2005 and submitted to Council on 29 March 2005;

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

c. To ensure that the development complies in all respects with the requirements of Council's Planning Scheme, Development Manual and good engineering practice.

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit for the Material Change of Use component must be effected prior commencement of the use, except where specified otherwise in these conditions of approval.

Water Supply and Sewerage Contributions

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 and sewerage headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $67,323.61 (17.10 EDCs) for water and $79,699.33 (17.10 EDCs) for sewerage.

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

Water Supply and Sewerage Works

4. The applicant/owner must carry out water supply and sewerage works to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer.

In particular, each allotment must be provided with a single internal sewer connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.

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

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the prior to the commencement of the use.

Parking

5. The amount of vehicle parking must be as specified in Council's Planning Scheme which is eighty-four (84) spaces of which 15 spaces must be provided for the Service Station / Vehicle Repair Premises / Shop use and 69 spaces for the Holiday Apartments/ Multiple Dwellings use (being 45 covered spaces, 23 uncovered visitor spaces and 1 covered, vehicle wash bay.

Parking Design

6. The parking layout must be designed in accordance with Australian Standard AS2890.1 2004 Parking Facilities - off street car parking and in particular include:

a. Bollard lighting must be provided at the property boundary to indicate access to the parking areas; and

b. Physical wheel stops must be provided for the visitor car spaces.

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

Parking Construction

7. The parking must be constructed in accordance with Council's Development Manual specifications prior to commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Access to Visitor Parking

8. Access to the car parking area and car spaces for visitors must remain available at all times and must not be hindered or blocked by barricades, gates or doors.

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Parking Signage

9. The applicant/owner must erect a sign to the satisfaction of the Chief Executive Officer, along the Captain Cook Highway frontage, advising of the location of the off-street visitor parking area and access thereto. Details of the signs must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. The signs must be erected prior to the commencement of the use.

Protection of Landscaped Areas From Parking

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

Parking Lighting

11. Adequate external lighting for the purposes of personal safety during the day and at night must be installed in the car park areas to the satisfaction of the Chief Executive Officer prior to the commencement of the use.

Bicycle Storage

12. The applicant/owner must ensure the provision of a secured, on-site bicycle storage area for residents. At least fifteen (19) spaces must be provided in accordance with Table 10-1 of AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. This storage area shall be constructed prior to the commencement of the use.

Landscaping Plan

13. The applicant/owner must landscape the subject land and street frontage in accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit. In particular, the plan must show:

a. The provision of shade trees, especially adjacent to the visitor parking;

b. The retention of the existing trees on the property where possible;

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c. Dense landscaping of required setback areas, being a minimum 2.5 metre wide buffer to the side and rear boundaries and 3.0 metre wide buffer to the adjacent streets, excepting where car parking is sited within these setbacks; and

d. Inclusion of all requirements as detailed in other relevant conditions included in this Approval, with a copy of this Development Approval to be given to the applicant’s Landscape Architect/Designer.

Existing native and mature vegetation must be retained and only be removed with the written consent of the Chief Executive Officer. Council’s City Assessment Branch is to be notified of the proposed date of commencement of any approved tree clearing.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.

Areas to be landscaped must be established prior to the commencement of the use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Existing Creek and Drainage Systems

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

Lawful Point of Discharge

15. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

a. The lawful point of discharge must be the adjoining creeks and creek beds within the development property via a SQID[m1]; and

b. Points of stormwater discharge from the developed areas must be protected from scouring and erosion, and must as far as possible be designed to blend in with the surroundings.

The lawful point of discharge will be Deadman’s Gully.

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Stormwater Drainage

16. The developer/owner must design a stormwater drainage system that:

a. Adequately receives and conveys upstream catchments;

b. Adequately conveys internal catchments;

c. Provides an overland flow path capable of conveying a Q 100 storm flow within the development to comply with Section 2.5.9 of the Cairns City Council Development Manual;

d. Provides a secondary drainage path to an approved outlet;

e. That does not cause adverse impacts down stream from the development;

and/or

Provide sufficient detention for the stormwater flows such that the post development flows do not exceed the pre development condition; and

f. Where the developer proposes to use an underground piped stormwater system, stormwater quality improvement devices (SQID) must be used,

Plans and design calculations demonstrating the pre development and post development stormwater flows together with the issues raised above must be submitted and approved by Council prior to the issue of a Development Permit for Building Work.

Minimum Fill and Habitable Floor Levels:

17. All habitable floor levels in all buildings must be located 300 mm above the Q100 flood immunity level of 3.4 metres AHD, in accordance with Development Manual and Planning Scheme requirements.

Water Saving

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

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Refuse Collection

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

Trade Waste

20. The refuse bin enclosure must be roofed and bunded and fitted with a bucket trap. The vehicle wash bay must be roofed and bunded and waste water discharged through a 550 litre triple interceptor to sewer or as agreed to by the Chief Executive Officer.

Development Signage

21. The development must provide clear and legible signage incorporating the street numbers for the benefit of the motoring public. Details of any signage proposed in association with the development must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

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

Acid Sulfate Soils –Pool Disturbance

23. The basement/pool excavation proposed may result in disturbance of potential acid sulfate soils (PASS). Prior to excavation, in association with geotechnical assessment, an acid sulfate soil investigation must be undertaken. The investigation must be performed in accordance with the latest ‘ Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ produced by the Department of Natural Resources and Mines, and State Planning Policy 2/02 – Planning and Managing Development involving Acid Sulfate Soils. Where it is found that PASS exist, treatment of soil must be undertaken on-site to neutralise acid, prior to disposal as fill, in accordance with the DNRM ‘Queensland Acid Sulfate Soil Technical Manual’ .

External Lighting

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

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Construction Works

25. The applicant/owner must ensure that on completion of any on-site construction works the subject land is maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer.

26. The developer/owner must submit an Erosion and Sedimentation Control Plan that identifies measures are to be put in place prior to commencement of any clearing or building works on the site and Method Statement to the Chief Executive Officer. Measures must include detail regarding the proposed treatment and storage of spoil. The Plan and Statement must be submitted and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work or any Development Permit for Operational Works.

Any measures nominated in the Plan must be maintained until such time as the site development is completed, including all landscape works, to the satisfaction of the Chief Executive Officer.

27. The developer/owner must submit a Traffic / Pedestrian Management Control Plan providing details of signage and traffic control measures to be carried out along Captain Cook Highway during construction. The provision of signs and control measures must be in accordance with the Manual of Uniform Traffic Control Devices. The Plan must be submitted and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work or any Development Permit for Operational Works.

Electricity Supply

28. All Electricity lines along the full frontages of the subject site are to be placed underground. Such works are to be undertaken by Ergon Energy or an Ergon Energy approved contractor at the applicant’s expense and are to be completed prior to commencement of the use.

29. Prior to the issue of a Certificate of Classification for the proposed development, the Applicant must submit to Council a copy of a letter from Ergon Energy or alternative arrangements for the works stating that satisfactory works have been completed for the provision of:

a. An underground electrical supply to the development; and

b. Street lighting in accordance with the requirements of the Far North Queensland Regional Organisation of Council’s Development Manual’s adopted standards; and

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c. Locating of all above ground transformer cubicles clear of footpath areas.

Health

30. Noise from either air conditioning units, swimming pool filters, service equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).

31. Swimming pool water quality must be maintained so that it meets the Queensland Health Swimming and Spa Pool Water Quality and Operational Guidelines at all times.

32. The operator of proposed rental accommodation premises must make application for approval to operate such premises.

33. The operator of proposed rental accommodation premises must contact the Public Health Unit for information on applying for approval to operate such, in accordance with Local Law No. 6.

CPTED

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

Construction Access

35. Vehicular access to the site for construction and demolition purposes must be provided from the Captain Cook Highway only, unless authorised by the Chief Executive Officer.

B. Reconfiguration of Lot Conditions

Assessment Manager Conditions

1. The proposed Plan of Development being Drawings project 04-36, SK- 01 to SK-12 inclusive, dated 22 November 2004 by Hedley Constructions Pty Ltd and as amended by the plans SK-01 to SK-12 Revision P1 inclusive, dated 21 March 2005 and submitted to Council on 29 March 2005 is approved subject to any alterations:

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a. Found necessary by the Council at the time of examination of the Engineering Plans or during the construction of the development because of particular engineering requirements;

b. To ensure that the development complies in all respects with the requirements of Council's Planning Scheme, Development Manual and good engineering practice; and

c. To ensure compliance with the following conditions of approval.

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit for the Reconfiguration of Lot component must be effected prior to the approval and dating of the Survey Plan, except where specified otherwise in these conditions of approval.

Access Easement

3. The applicant/owner must, at their own cost, must provide reciprocal access easement to allow vehicle access and on-site manoeuvring for both properties, to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of the Council's solicitors at the expense of the owner. The easement documents must be lodged and registered in the Department of Natural Resources and Mines immediately following the Plan of Survey for Reconfiguration.

Water Supply and Sewerage Contributions

4. 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 and sewerage headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $7,362.29 (1.874 EDCs) for water and $6,899.91 (1.874 EDCs) for sewerage.

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

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5. Water Quality Drainage Requirement

The applicant/owner must contribute towards the augmentation of Stream Mitigation and Water Quality drainage services and associated services for the Deadman’s Gully Drainage Management Plan.

The contribution rate is that which is current at the time of payment. The current rate of contribution is $11,216.86 for Stream Mitigation works and $3,504.90 for Water Quality works (1.1881Ha). Payment is required prior to the approval and dating of the Survey Plan.

Park Contribution In Lieu Of Land

6. The applicant/owner is to make a monetary contribution for the additional lots towards the provision of or upgrading of parks and reserves in accordance with the provisions of Council's planning scheme and Section 5.6 of the Local Government (Planning and Environment) Act 1990 . The contribution must be paid prior to approval and dating the Plans of Survey.

The contribution must be paid at 10% of the unimproved capital value of the subject land applicable at the time of payment. On the present method of calculation, the estimated total parkland contribution is $29,019.38.

Water Supply And Sewerage Works

7. The applicant/owner must carry out water supply and sewerage works to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer. In particular, each allotment must be provided with a single internal sewer connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.

Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the prior to the approval and dating of the Plan of Survey.

Flooding

8. All new allotments must have immunity from flooding associated with an ARI 100 year rainfall event.

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Construction Access

9. Vehicular access to the site for construction and demolition purposes must be provided from the Captain Cook Highway only, unless authorised by the Chief Executive Officer.

Acid Sulfate Soil - Investigation

10. The applicant must undertake an Acid Sulfate Soil investigation in the area to be affected by this development. Soil sampling and analysis must be undertaken in accordance with procedures specified in, ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) or updated version of document produced by Department of Natural Resources and Mines (DNRM – QASSIT), and State Planning Policy 2/02 - ‘Planning and Managing Development involving Acid Sulfate Soils’. The results of this investigation must be submitted to Council for approval prior to any earthworks or clearing being commenced on the site.

Identification of soils with a pyrite content in excess of the action levels nominated in the latest version of DNRM – QASSIT: ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) will trigger the requirement for preparation of an Acid Sulfate Soil Environmental Management Plan in accordance with the most recent requirements of the DNRM: ‘Queensland Acid Sulfate Soil Technical Manual’ (2002) including Soil Management Guidelines (updated Feb. 2003) which must be prepared to the satisfaction of the Chief Executive Officer.

Existing Creek and Drainage Systems

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

Lawful Point of Discharge

12. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge being Deadman’s Gully 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.

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The applicant/owner must at its own cost submit Stormwater design drawings prepared by a suitably qualified and experienced Registered Professional Engineer, Queensland (RPEQ), and submit this for Council consideration and approval but prior to commencing any on site works.

Limit of Discharge to Pre-development Conditions

13. The applicant/owner shall be required to implement stormwater detention measures to ensure that peak flows from all stormwater events of average recurrence interval (ARI) from 1 to 100 years are limited to a no worsening affect on upstream, downstream or adjacent properties.

Installation Of SWM Measures

14. The soil and water management measures endorsed by the Chief Executive Officer must be installed/implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and Council's Development Manual).

Electricity

15. The applicant/owner must provide written evidence from Ergon Energy advising if distribution substation/s are required within the development. If required, details regarding the location of these facilities must be submitted to the Chief Executive Officer accompanied by written confirmation from Ergon Energy. Details regarding electricity supply must be provided prior to the issue of a Development Permit for Operational Works.

16. All Electricity lines along the full frontages of the subject site (name streets/roads) are to be placed underground. Such works are to be undertaken by Ergon Energy or an Ergon Energy approved contractor at the applicant’s expense and are to be completed prior to commencement of the use.

17. Prior to the issue of the Survey Plan for the proposed development, the Applicant must submit to Council a copy of a letter from Ergon Energy or alternative arrangements for the works stating that satisfactory works have been completed for the provision of:

a. An underground electrical supply to the development;

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b. Street lighting in accordance with the requirements of the Far North Queensland Regional Organisation of Council’s Development Manual’s adopted standards; and

c. Locating of all above ground transformer cubicles clear of footpath areas.

Geotechnical

18. A geotechnical assessment shall be carried out for each of the proposed allotments to determine the suitability of each allotment for its intended purpose.

Earthworks

19. The applicant/owner must obtain a Development Permit to carry out Operational Works prior to commencement of the earthworks operation on the subject land.

20. A certificate from a registered professional engineer shall be submitted to certify that all earthworks within the development have been constructed in accordance with sound engineering practices. The certificate shall be submitted on completion of the earthworks and prior to the signing and sealing of any plans/s of survey.

Survey Of Existing Services

21. The applicant/owner must provide survey information to confirm that the existing services for proposed Lot 2 are contained within this Lot. Where the existing services are not contained within the Lot then the applicant/owner must either relocate the services to comply or register the necessary easement prior to or in conjunction with the submission of the Plan of Survey

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Concurrence Agency Conditions - Department of Main Roads

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Concurrence Agency Conditions- Environment Protection Agency

ADVICE

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

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

3. The inconvenience to adjoining properties caused by construction should be minimised. It is recommended that the developer contact adjoining neighbours, advise of the work intended and address any concerns expressed. A complaints register should be established for the project, where a record of the neighbours concerns is kept along with a record of the name of the complainant, address and contact, as well as how these complaints were addressed and resolved. This register shall be available for Council inspection and monitoring throughout the duration of the project.

4. For Operational Works approval, the developer will be required to appoint a site manager, advise the Council of his name and after hours phone contact. The manager shall record, keep, maintain the complaints register and be the point of contact for Council and the public. The all hours contact number should be clearly displayed at the site access.

5. This approval, granted under the provisions of the Integrated Planning Act 1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

6. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au . To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au .

EXECUTIVE SUMMARY:

Application is made to the existing caravan park and service station businesses whereby the commercial/industrial service station land is excised from the caravan park land and the caravan park is replaced by a Multiple Dwelling / Holiday Apartment development.

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The proposed residential component fully complies with the requirements for Multiple Dwelling / Holiday Apartment (Maximum 3 Storey) land uses. The application was referred to DMR due to the adjacent State-controlled road and the EPA, due to the existing contaminated site of the service station land use. Both agencies have submitted conditions to be placed on the development approval. The extent of development proposed is significantly less than what could be developed as Code Assessable development under CairnsPlan. Three properly made submissions were lodged with Council. The applicant has submitted amended plans which address the submitter’s concerns regarding overlooking and reduce the number of units and extent of development originally proposed. The report recommends that the application be approved subject to conditions.

TOWN PLANNING CONSIDERATIONS:

Proposal

The land is currently developed by a service station, vehicle repair premises and shop at the front of the site and a separately operated caravan park. The land has immediate access to the Captain Cook Highway. A combined application has been made for the redevelopment of the caravan park area for Multiple Dwellings / Holiday Apartments (Maximum 3 Storeys) and to reconfigure the land into two lots reflecting the separate commercial and residential land uses.

The residential component was initially proposed as 54, three bedroom units. As a response to public submissions and redesign of the development the applicant has submitted a plan that now nominates only 45 three bedroom units. The residential component is complimented by gardens and a swimming pool facility.

Strategic Plan/DCP

The proposed development is consistent with the Urban designation of the Strategic Plan. The land is not affected by the Hillslopes Development Control Plan.

Land Zoning

The Special Facilities Zone reflects the current land uses. The Impact Assessment of the application is tabled below. The development is consistent with the intent of the Tourist and Residential Planning Area designation of the CairnsPlan.

Impact of Proposal

Planning Scheme Requirements Proposal Compliance Provisions State Planning Mitigating the Adverse An appropriate condition will be Complies Policy 1/03 Impacts of Flood, included to ensure all habitable Bushfire and Landslide buildings will be constructed above the Q100 flood immunity level. Maximum site As determined by 19.4%. Complies. coverage Council but not exceeding 50%

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Planning Scheme Requirements Proposal Compliance Provisions Maximum height 11.5m 8.8m Complies Maximum site 200pph (180 persons 200pph (180 persons) Complies density on the proposed rear lot only) Multiple Dwelling Requirements On-site Parking Service Station – 15 Service Station – 15 spaces Complies. A spaces (under current condition of the use requirement) approval requires one uncovered Multiple Dwelling: 45 Multiple Dwellings - space to be covered & 23 45 covered spaces, 24 uncovered converted to a uncovered + 1 wash spaces covered wash bay bay. Total: 69 spaces

Maximum spaces Maximum spaces provided 84 required: 84 spaces Minimum building Captain Cook Highway setbacks (building – 6m 15.4m Complies face, excluding balconies) – Part D, S.2.0

Part E, S.3.0 Main Street – 6m 15.4m Complies Side & Rear Boundaries: 2.5m 3.0m Complies (8.5m height) Private Open Balcony – 8m 2, with a 18.7m 2 each, minimum width of 2m Complies Space width of 1.6 metres Communal open No minimum area, but 4,378m 2 (48% site area) Complies Space of an appropriate size. Holiday Apartment Requirements On-site Parking Service Station – 11 80 spaces proposed Complies spaces

Holiday Apartment: 45 covered spaces & 12 visitor spaces plus Manager space Total: 58 9spaces

Maximum spaces required: 69 Site area Minimum 1,000m 2 9.133m 2 for Holiday Apartment site Complies Frontage Minimum 20 metres 127m Complies Reserve width Minimum 20 metres More than 20m Complies Minimum building Same as above As above Complies setbacks (balcony setback requirements. included

Recreation facility Swimming pool or Swimming pool and landscaped Complies tennis court gardens Communal Open 903m 2 (with minimum 4,375m 2 provided with more than Complies Space Areas of 361m 2 within the 1,000m 2 provide in one area one area)

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Reconfiguration of Lot

The Planning Scheme nominates no specific requirements of lot size or dimension for land within a Special Facilities Zone, instead deferring to requirements “as Determined by Council.” The proposed reconfiguration creates two large lots. Proposed Lot 1 is intended for medium density housing use and the lot size of 9,133m 2 is significantly greater than the minimum required 1,000m 2 for such development. The Proposed Lot 2 will have an area of some 2,748m 2 and this is greater than the minimum area required for Commercial development under the balance Scheme, being 800m 2. A condition of the approval requires a suitable access and service easement be provided over Proposed Lot 2 for the benefit of Proposed Lot 1. A further condition requires suitable easements be provided over Proposed Lot 1 for the benefit of servicing Proposed Lot 2.

Referral Agencies

The Department of Main Roads controls access to the proposed lots from the adjacent state-controlled roads and has appropriately conditioned the approval. As the land use on Proposed Lot 2 falls under the EPA’s contaminated land register, the EPA has required specific conditions regarding the condition of the land, in particular adjacent to the common boundary between the two proposed lots. These nominated conditions have been included in the recommendation.

Public Notification/Submissions

Four submissions were received, one a not properly made submission. The grounds of the submissions are summarised as follows.

The development of units will have a major and detrimental effect on the family- focussed suburb of Clifton beach. The development will result in an in danger to families in the area and possibility of interference by strangers to the young families of the area. The development will result in an increase in noise. Concern is raised with the proposed density, site coverage and building height.

Officer’s Comment

The proposed development is consistent with the intent of the Tourist and Residential Planning Area as identified in the CairnsPlan. The Planning Scheme does not give consideration to whether persons are transients as consideration is given to the land uses of Multiple Dwellings and Holiday Apartments. The residential density complies with the maximum permitted under the Special Facilities Zone of 200pph. Under the Tourist and Residential Planning Area of the CairnsPlan a density of 400pph is an acceptable measure, buildings could be four storey and site coverage up to 35%. The application is for a development that is significantly less that what would be allowed under the CairnsPlan.

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The development will result in a loss of trees on the subject land and consequently a loss of privacy to neighbouring dwellings.

Officer’s Comment

The original design nominated considerable setbacks from the neighbouring northern property boundary, which has been recently developed with single dwellings. The design has been reorientated, maintaining large physical separation and reducing direct overlooking. The development substantially complies with the Planning Scheme setback requirements. Limited vegetation is presently on site and this is nominated as “not of concern” under the State mapping series. A condition of the approval nominates the retention of existing vegetation where possible.

The development will result in an increase in crime to the area.

Officer’s Comment

It has not been substantiated that medium density development will result in increased crime.

The development will result in decreased property values in the immediate area.

Officer’s Comment

This is not a valid planning consideration.

The development will result in increased pollution from emissions from resident’s and visitor’s vehicles.

Officer’s Comment

As a result of resident’s concerns regarding overlooking and loss of privacy the residential building components are sited as far away from the property boundary as possible. This does result in vehicle parking adjacent to the side boundary fence. The parking area is broken up by landscaped areas and this will reduce noise and absorb emissions.

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HEADWORKS / CONTRIBUTIONS:

Reconfiguration of Lot

Element Comment Calculation Contribution Water District 4: $3,937.05/EDC 1.874 EDC x $7,362.29 Demand: $3,937.05/EDC 1 Residential Lot >1,500m 2 = 1.3 EDC 1 Commercial/industrial lot of 2,748m 2 = 1.874EDC Less credit for 1 Residential Lot >1,500m 2 = 1.3 EDC Net Demand = 1.874 EDC Sewerage District 2: $3,689.79/EDC 1.874 EDC x $6,899.91 Demand: $3,689.79/EDC 1 Residential Lot >1,500m 2 = 1.0 EDC 1 Commercial/industrial lot of 2,748m 2 = 1.874EDC Less credit for 1 Residential Lot >1,500m 2 = 1.0 EDC Net Demand = 1.874 EDC Drainage Drainage Mitigation: Deadman’s Gully DMP $11,216.86 $11,216.86 1.1881 ha x $9,441.01/Ha.

Water Quality $2,950/Ha of developable land $3,504.90 $3,504.90 1.1881ha. Traffic Precinct Clifton: no charge applies in this No contribution Nil catchment district. applies Open Space 10% CU for Residential component and 5% for 15.75% x $315,000 $29,019.38 Industrial / Commercial component. CUV x 0.05 $315,000.00 + Industrial / Commercial component is 2,487m 2 which is 15.75% of the total land area. 84.25% x $315,000 x 0.1 Residential component is 9,133 m2 , which is 84.25% of the total land area.

Material Change of Use

Element Comment Calculation Contribution Water District 4: $3,937.05/EDC 17.10 EDC x $67,323.61 Demand: $3,937.05/EDC 45 x 3 bedroom units/flats = 31.5 EDC Less credit for 36 Caravan Sites = 14.4EDC Net Demand = 17.10 EDC Sewerage District 2: $3,689.79/EDC 21.6 EDC x $79,699.33 Demand: $3,689.79/EDC 45 x 3 bedroom units/flats = 36.0 EDC Less credit for 36 Caravan Sites = 14.4EDC Net Demand = 21.6 EDC

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Element Comment Calculation Contribution Drainage Payable at ROL stage. NA Nil Traffic Precinct Clifton: no charge applies in this No contribution Nil catchment district. applies Open Space No requirement for MCU No contribution Nil applies

Jenny Elphinstone Senior Planning Officer Action Officer

Neil Beck Acting Manager City Assessment

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Appendix 1 – Original Layout Plan

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Appendix 2 – Amended Layout Plans

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PLANNING & ENVIRONMENT COMMITTEE 6 14 JULY 2005

APPLICATION FOR REQUEST FOR CONSIDERATION UNDER SUPERSEDED PLANNING SCHEME – MULTIPLE DWELLINGS (MAX 3 STOREYS) – 31 KAMERUNGA ROAD, STRATFORD – DIVISION 10

Peter Boyd: 8/35/5 : #1007958v2

PROPOSAL : MULTIPLE DWELLINGS (MAX 3 STOREYS)

APPLICANT : GREG GOULD PO BOX 322 EDGE HILL QLD 4870

LOCATION: 31 KAMERUNGA ROAD STRATFORD

PROPERTY: LOT 15 ON C198231 PARISH OF CAIRNS

PLANNING DISTRICT: FRESHWATER – STRATFORD - AEROGLEN

PLANNING AREA: RESIDENTIAL 1

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS – NOT APPLICABLE AT THIS STAGE

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: 9 AUGUST 2005

DIVISION: 10

APPENDIX: 1. SITE LAYOUT PLAN 2. PHOTOS OF SITE

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LOCALITY PLAN

Subject Site

RECOMMENDATION:

That Council refuse the request for a development application for Multiple Dwellings (Max 3 Storeys) on land described as Lot 15 on C198231 located at 31 Kamerunga Road, Stratford to be assessed under the Superseded Planning Scheme being the Planning Scheme for the Balance of the City of Cairns.

EXECUTIVE SUMMARY:

Council is in receipt of a request for a development application to be assessed under the Superseded Planning Scheme being the Planning Scheme for the Balance of the City of Cairns. The proposed development is defined as Multiple Dwellings (Max 3 Storeys) and the site is located at 31 Kamerunga Road. The proposed development is for the addition of two x 2 bedroom units on a site that contains five existing units and associated infrastructure.

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The subject site was included in the Residential 3 zone in the Planning Scheme for the Balance of the City of Cairns and is included in the Residential 1 Planning Area in CairnsPlan. The site is also included in a Local Character Precinct in CairnsPlan. The establishment of Multiple Dwellings (Max 3 storeys) within the Residential 3 zone in the Superseded Planning Scheme is Code-assessable development.

Should Council agree to the request for the application to be assessed under the Superseded Planning Scheme, a Code-assessable application is required. Should Council determine that the application be assessed under CairnsPlan, then an Impact- assessable Material Change of Use application is required.

The applicant’s request that the application be considered under the Superseded Planning Scheme, the Planning Scheme for the Balance of the City of Cairns is not supported at Council Officer level. It is recommended that the application be assessed under CairnsPlan.

TOWN PLANNING CONSIDERATIONS:

Background

Council received a request for an application to be assessed under the Superseded Planning Scheme on 6 June 2005. This application was not ‘properly made’ as defined in the Integrated Planning Act 1997 . Further to this, the report submitted with the request to Council referred to the incorrect Planning Scheme. The applicant believed that the site was previously included in the Planning Scheme for Part of the City of Cairns. A revised request referring to the Planning Scheme for the Balance of the City of Cairns was submitted to Council on 28 June 2005.

Proposed Development

The proposed development involves the demolition of the existing communal laundry and garden shed and the construction of a new carport along the eastern boundary. Eight parking spaces are proposed along the eastern boundary beneath a carport and four spaces are proposed beneath the additional dwelling units at the rear of the site. The applicant also proposes to render the existing red brick building.

Notwithstanding the above, Council Officers have identified elements of the proposed design that do not comply with both the Superseded Planning Scheme and CairnsPlan. These issues will be dealt with through the future assessment of the application.

CairnsPlan

The site is included in the Residential 1 Planning Area and is affected by the Cultural Heritage Significance Overlay. The proposed development requires an Impact Assessable Material Change of Use within the Residetential1 Planning Area in the Freshwater-Stratford-Aeroglen Planning District.

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Discussion

Given that the proposed development requires a Code assessable Material Change of Use application under the Superseded Planning Scheme, it is not considered unreasonable for the development to be assessed under CairnsPlan. It is recommended at Council Officer level that Council refuse the request.

Peter Boyd Planning Officer Action Officer

Neil Beck Acting Manager City Assessment

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APPENDIX 1

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APPENDIX 2

Existing parking configuration on site.

Existing parking configuration on site.

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Area at rear of site to contain additional dwelling units.

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PLANNING & ENVIRONMENT COMMITTEE 7 14 JULY 2005

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - ACCOMMODATION UNITS (MEDIUM DENSITY) – 33-35 PALMERSTON STREET, AEROGLEN –– DIVISION 10

Kym Watton: 8/8/691 : #954908

PROPOSAL : ACCOMMODATION UNITS (MEDIUM DENSITY)

APPLICANT : M M LEES C/- CLAUDE FERRERO ARCHITECTS P/L PO BOX 1073 CAIRNS NORTH QLD 4870

LOCATION: 33-35 PALMERSTON STREET, AEROGLEN

PROPERTY: LOT 11 ON SP133389, PARISH OF CAIRNS

ZONE: RESIDENTIAL

STRATEGIC PLAN: MEDIUM DENSITY RESIDENTIAL

DCP: DCP 1 - RESIDENTIAL DENSITIES - 100 PERSONS PER HECTARE DCP 2 - HEIGHT AND IMPACT OF BUILDINGS – PRECINCT 6 DCP 4 - HILLSIDES – RESIDENTIAL PRECINCT 2

REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS

NUMBER OF SUBMITTERS: 53 PROPERLY MADE SUBMISSIONS (45 PRO- FORMA LETTERS) 11 NOT PROPERLY MADE SUBMISSIONS (8 PRO-FORMA LETTERS) AND 1 NOT PROPERLY MADE SUBMISSION IN SUPPORT OF PROPSED DEVELOPMENT

STATUTORY ASSESSMENT DEADLINE: EXPIRED

DIVISION: 10

APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

Subject Site

RECOMMENDATION:

A. That Council approve the development application for a Material Change of Use (Impact Assessment) over land described as Lot 11 on SP133389, Parish of Cairns for Accommodation Units (Medium Density) consisting of 4 x 3 bedroom townhouses located at 33-35 Palmerston Street, Aeroglen subject to the following conditions:

Assessment Manager Conditions

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:

a. The approved plans attached being Drawing Numbers SK-1 and SK-2 dated 8 February 2005 and prepared by Claude Ferrero Architects;

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

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c. To ensure that the development complies in all respects with the requirements of Council's Planning Scheme, Development Manual and good engineering practice.

Except where modified by these conditions of approval.

Timing of Effect

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.

Water Supply and Sewerage Contributions

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 and sewerage headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $5,827.22 (1.60 EDCs) for water and $4,943.06 (2.20 EDCs) for sewerage.

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

Traffic Management Contributions

4. The applicant/owner must contribute towards Council's Traffic Management/Road Upgrading Program in accordance with Cairns City Council Traffic Management Plans.

The contribution rate is that which is current at the time of payment. The current rate of contribution is $1,783.04 (3.0 ERAs).

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

Parking

5. The amount of vehicle parking must be as identified on the approved plan which is a minimum of eight (8) spaces of which four (4) spaces must be provided as visitor spaces.

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6. The parking must be constructed in accordance with the FNQROC Development Manual specifications prior to Commencement of Use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all parking, driveway and vehicular maneuvering areas must be imperviously sealed, drained and line marked.

Parking Signage

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

External Works

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

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

b. Replace any damaged sections of existing kerb and channel;

c. Remove any redundant crossover(s); and

d. Make good the kerb(s) at redundant crossover(s).

The external works outlined above require an Operational Works approval. Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be submitted to Council and endorsed by the Chief Executive Officer prior to the commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Landscaping Plan

9. The applicant/owner must landscape the subject land and street frontage in accordance with the FNQROC Development Manual and in accordance with a landscape plan submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. In particular, the plan must show:

a. The retention of as many existing trees and shrubs as possible and further planting of trees and shrubs;

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b. The landscaping areas as nominated on the approved plan.

c. Inclusion of all requirements as detailed in other relevant conditions included in this Development Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

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

Noise Impact Assessment

10. The applicant / owner must adopt the recommendations for acoustic treatments to be incorporated in the proposed development to ensure that the proposed development is acoustically insulated to at least the minimum standards as required by AS2021 - Acoustics - Aircraft Noise Intrusion - Building Siting and Construction for the 20-25 ANEF as detailed within the Noise Impact Assessment prepared by Palmer Acoustics dated 23 March 2005 and received by Council on 4 April 2005.

Screen Fence

11. The applicant/owner must provide a screen fence to the side and rear boundaries of the subject land, to the satisfaction of the Chief Executive Officer. The required fencing must be consistent in terms of design and materials with other similar fences in the locality. Details of the screen fence must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Lawful Point of Discharge

12. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge being nominally Palmerston Street or the drainage channel at the rear of the property 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.

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Minimum Fill and Habitable Floor Levels

13. All floor levels in all buildings must be located 300mm above the Q100 flood immunity level of 3.4 metres AHD, plus any hydraulic grade effect (whichever is the greater), in accordance with FNQROC Development Manual and Planning Scheme requirements.

Crime Prevention Through Environmental Design

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

Details Of Development Signage

15. Details of any permanent signage proposed in association with the development must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. In particular, the development must provide clear and legible signage incorporating the street number.

Water Saving

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

Refuse Collection

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

B. That Council resolve to approve a relaxation, as shown on the attached plan prepared by Claude Ferrero, to permit for a site density of 104 persons per hectare for the establishment of 4 x 3 bedroom Accommodation Units on land described as Lot 11 SP133389, Parish of Cairns, located at 33-35 Palmerston Street, Aeroglen.

ADVICE

1. This approval, granted under the provisions of the Integrated Planning Act 1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

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

3. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au . To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au .

EXECUTIVE SUMMARY:

Council is in receipt of a Material Change of Use – Impact Assessment application to facilitate the construction of 4 x 3 bedroom townhouses, associated parking and recreational areas located at 33-35 Palmerston Street, Aeroglen. The application was received by Council before the commencement of CairnsPlan, and accordingly, has been assessed under the Transitional Planning Scheme for Part of the City of Cairns.

The proposed development is generally consistent with the Strategic Plan and specific provisions relating to Accommodation Units. Therefore, it is recommended that the application be approved subject to reasonable and relevant conditions.

TOWN PLANNING CONSIDERATIONS:

Proposal

The proposed development involves the construction of 4 x 3 bedroom townhouses providing for permanent resident occupation. The proposed Accommodation Units are to consist of a two storey building providing communal landscaped open space, car parking, kitchen, dining and living areas on the ground floor and three (3) bedrooms and bathrooms on the first floor. Each unit has a private rear courtyard and garage. Three of the units will also feature a plunge pool. A communal landscaped area will also be provided for all of the residents. The subject site is currently improved by a dwelling which will be demolished to facilitate the construction of the units.

Adjoining the site on the southern boundary is a drainage channel which is partially lined with concrete. The site is heavily vegetated to the front and southern boundaries. The footprint of the building has been located to retain much of the existing vegetation along these boundaries.

Strategic Plan/DCP

The subject site is included in the Medium Density Residential preferred dominant land use designation in the Strategic Plan. This designation includes areas which are used or are intended to be used for medium density residential purposes. The proposed development is consistent with this designation.

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The subject site is included in the Residential Precinct 2 of Development Control Plan 4 – Hillsides. However, the applicant has submitted a detail survey prepared by a surveyor which indicates that the maximum fall across the subject site is approximately 1.2m over a 45m distance. Therefore, the subject site is not affected by hillslopes. It should be noted that the subject site is not included in the Hillslopes Overlay in CairnsPlan.

Land Zoning

The subject site is included in the Residential zone in the Planning Scheme. The intent of the Residential zone is to allow for low density residential development and in some areas medium density residential development in the form of duplexes, townhouses, apartments and the like. The proposed development is consistent with the intent of the Residential zone.

Concurrence Agency Response

As the subject site is located within 100m of Aeroglen Drive which is a State- controlled road the development application was referred to the Department of Main Roads as a Concurrence Agency. The Department of Main Roads has assessed the impact of the proposed development on the State-controlled road network and advised that it has no requirements.

Impact of Proposal

An assessment against the DCP 1 Residential Density is tabled as follows:

DCP Requirement Proposal Compliance Maximum Population Density 14 people (104 persons per Does not comply – refer to 100pph (max 13.5 persons hectare) comment below on site) Minimum Site Area: 8 00m 2 1,345m 2 Complies (100pph max)

An assessment against the DCP 2 Height and Impact of Buildings is tabled as follows:

DCP Requirement Proposal Compliance Maximum Site Coverage 3 31% Complies storeys: 35% Maximum Plot Ratio, 0.7:1 0.37:1 Complies Maximum Building Height, 6.25 metres Complies 7.5m

An assessment against the Planning Scheme requirements is tabled as follows.

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Scheme Requirement Proposal Compliance Minimum Street Frontage: 15m 37m frontage to Palmerston Complies Street Minimum Site Area:800m 2 1,345m 2 Complies Main Street setback : 6 metres 6.2 metres Complies

Side & Rear Boundary Side – 6.5 metres at closest setback: point to both side boundaries 2 metres Rear – 3 metres Car Parking: 8 car spaces provided Complies 1.25 spaces per unit, 5 spaces required Minimum total area of 260m 2 communal landscaped Complies Landscaped Open Space: open space 160m 2 Minimum of 40% in a one area 200m 2 Complies requires 64m 2 Refuse Disposal Areas Refuse area provided at Complies Palmerston Street frontage of subject site. Clothes Drying Area 4 external clothes lines provided Complies

Site Density

The subject site is included in the maximum 100 persons per hectare residential density area in Development Control Plan 1 – Residential Densities. This allows for a maximum of 13.5 persons on the site. The proposed townhouses will each contain 3 bedrooms, this equates to 14 persons on the site or 104 persons per hectare, which exceeds the maximum density by 0.5 persons or 4 persons per hectare. The proposed increase in site density is considered suitable in this instance, as it is only a minor increase. Furthermore, the proposed development is capable of complying with all other relevant Planning Scheme requirements for Accommodation Units and the establishment of units on the site is in accordance with the zoning and Strategic Plan designation. It is recommended that Council exercise its discretion in this instance to allow for a slightly increased site density.

Public Notification/Submissions

Public notification was conducted in accordance with the provisions of the Integrated Planning Act 1997 from 17 April 2005 until 16 May 2005 and 53 properly made submissions (45 pro-forma letters) 11 not properly made submissions (8 pro-forma letters) and 1 not properly made submission in support of prposed development were received.

During the public notification period, majority of the submissions received were pro- forma letters, the grounds for objection in the pro-forma letters and planning officer comments are as follows:

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Destroying our heritage style suburb

The submitters are of the opinion that Aeroglen has a very strong heritage feel about it, which is confirmed, by the number of Queenslander style dwellings within the suburb and the movement of additional old Queenslander style dwellings into Glen Boughton Street and Beaman Close. The introduction of townhouses or multi-unit development would be totally against the keeping and character of the area.

Officer Comments

The subject site is included in a Character Precinct in the Cultural Heritage Significance Overlay in CairnsPlan. The purpose of the Character Precinct is to retain historic cultural heritage significance and streetscape values and new uses and works are sympathetic to, and respectful of, these values. Whilst the grounds of the submission are relevant, the application was lodged prior to the commencement of CairnsPlan and therefore the application was assessed under the Transitional Planning Scheme for Part of the City of Cairns, which does not contain such requirements.

The proposed development complies with the intent of the zone, Strategic Plan and complies with the requirements for Accommodation Units.

The effect of the proposed development on the surrounding property values.

Officer Comments

The potential changes to property values of a locality are not a reasonable planning ground.

The lack of further infrastructure.

Officer Comments

The pro-foma letter did not offer any further comments in relation to this ground of objection. It is assumed that the submitters are concerned about the requirement for further infrastructure to be provided to accommodate the proposed development. Water, sewerage, electricity and telephone are all currently connected to the site and the site has suitable access from Palmerston Street. There is no requirement for further infrastructure to be provided to accommodate the proposed townhouses.

Closest school has been closed.

Officer Comments

The subject site is located within close proximity to Freshwater State School, Cairns Christian College and Whitfield State School. The proposed development is minor in nature as it is only for four (4) units, therefore it is anticipated that no significant increase in demand on these schools will result from the proposed development.

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Increased petty crime associated with the proposed development.

Officer Comments

The proposed Accommodation Units are designed in accordance with Council’s Crime Prevention Through Environmental Design (CPTED) Policy, some of these being; providing open car parking for visitors to allow for natural surveillance; the layout of the proposed development has prevented the creation of any remote and potentially unsafe areas; the design allows for people within the units to observe and monitor communal areas within the development and the street areas and the private courtyard and lawn spaces are clearly identifiable through the use of pavers and fences.

There is already enough rental / housing accommodation of this style within Cairns.

Officer Comments

The subject site has been identified in the Strategic Plan for Medium Density Residential development. Accommodation Units are in accordance with the intent of the Strategic Plan designation and the Residential zoning of the subject site.

Council also received additional submissions which were not the pro-forma letters during the public notification period. Some of the grounds raised in these submissions were the same grounds that were raised in the pro-foma letters, these are discussed above. The remaining concerns raised by the submitters in the properly made submissions that were not pro-forma letters, and planning officer comments, are summarised below:

The proposed development will set a precedent for more multi-unit development within the area.

Officer Comments

The subject site and properties within the surrounding area within Aeroglen are included in the Residential 1 Planning Area in CairnsPlan. Multi-Unit Housing in the Residential 1 Planning Area is an inconsistent use, the Residential 1 Planning Area does not support the development of units or medium density residential development. Therefore it is unlikely that Council would support an application for units submitted under CairnsPlan, irrespective of approvals issued under the Transitional Planning Scheme for Part of the City of Cairns. The application was received by Council before the commencement of CairnsPlan, and accordingly, has been assessed under the Transitional Planning Scheme for Part of the City of Cairns which supported the development of units.

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The subject site is covered in fully grown trees.

Officer Comments

The zoning and Strategic Plan designation of the subject site support the development of units. The subject site is not identified as containing significant vegetation and is not identified as a Vegetation Protection Area under Council’s Local Law 24.

It is acknowledged that five (5) melaleuca trees are located along the sites front boundary. All of these melaleuca trees will be retained along with additional existing vegetation along the sites boundaries.

There are owls nesting in the area and wildlife in the area such as echidnas, bush turkeys, and gliders.

The building will be positioned on the site to ensure that some of the existing vegetation is retained, all of the melaleuca trees along the sites front boundary will be retained along with additional existing vegetation along the sites front and southern boundaries. However, the zoning and Strategic Plan designation of the subject site support the development of the site for units.

Officer Comments

The proposed development will result in increased traffic which will make the streets dangerous.

Officer Comments

The subject site is located on Palmerston Street which is identified as a Access Street on Council’s road network hierarchy. The proposed development is minor in nature as it is only for four units. It is considered that Palmerston Street has the capacity to facilitate the proposed Accommodation Unit development.

Furthermore, the proposed development provides eight on site car parking spaces. The car parks will be constructed to the appropriate standards and meet the requirements for on-site car parking requirements for Accommodation Units. Noise emanating from the site is not anticipated to affect the surrounding residences.

The proposed development does not comply with the current town plan, CairnsPlan which includes the site in the Residential 1 Planning Area and a Character Precinct.

Officer Comments

The subject site is included in a Character Precinct in the Historic Cultural Heritage Significance Overlay and is included in the Residential 1 Planning Area in CairnsPlan. Whilst the ground of the submission are relevant, the application was received prior to the commencement of CairnsPlan and accordingly, the application was required to be assessed under the Superseded Planning Scheme for Part of the City of Cairns where the zone and Strategic Plan designation of the subject site support the development of units and the proposed development complies with the requirements for units.

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The subject site is not suitable for medium density development due to the noise from the airport.

The applicant submitted a Noise Impact Assessment prepared by Palmer Acoustics. The noise impact study identifies the extent of noise impacts on the proposed development and includes recommendations for acoustics treatments to minimise the noise impacts. A condition has been included in the Recommendation requiring the applicant to adopt the recommendations included in the Noise Impact Assessment.

HEADWORKS / CONTRIBUTIONS:

Element Comment Calculation Contribution Water District: Inner City #10: $3,642.01/EDC 1.60 EDC x $3,642.01 $5,827.22 Supply 4 x flats/units 3bdrm – 2.80 EDC Less credit for existing residential lot 1,101m 2-1,500m 2 – 1.20 EDC Net Demand: 1.60 EDC Sewerage District: Edge Hill: $2,246.84/EDC 2.20 EDC x $2,246.84 $4,943.06 4 x flats/units 3bdrm – 3.20 EDC Less credit for existing residential lot 1,101m 2-1,500m 2 – 1.0 EDC Net Demand: 2.20 EDC Traffic District: Stratford: $594.35/ERA 1.0 ERA x $594.35 $1,783.04 4 x 3bdrm unit – 4.0 ERA Less credit for existing single dwelling - 1.0 ERA Drainage Not included in a Drainage Not Applicable Not Applicable Management District Open Not involving subdivision of land Not Applicable Not Applicable Space

Kym Watton Planning Officer Action Officer

Neil Beck Acting Manager City Assessment

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APPENDIX 1

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PLANNING & ENVIRONMENT COMMITTEE 8 14 JULY 2005

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – DUAL OCCUPANCY – 13 WINDARRA STREET, WOREE – DIVISION 4

Rohan Lee: 8/8/718-01: #993516

PROPOSAL : DUAL OCCUPANCY

APPLICANT : G10 PROPERTIES PTY LTD C/- BRAZIER MOTTI PO BOX 1185 CAIRNS QLD 4870

LOCATION: 13 WINDARRA STREET, WOREE

PROPERTY: LOT 152 ON RP740335 PARISH OF CAIRNS

PLANNING DISTRICT: INNER SUBURBS

PLANNING AREA: RESIDENTIAL 1

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: NOT APPLICABLE

NUMBER OF SUBMITTERS: 4 PROPERLY MADE SUBMISSIONS

STATUTORY ASSESSMENT DEADLINE: 18 JULY 2005

DIVISION: 4

APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

Woree State High School

Subject Site – 13 Windarra Street

St Mary’s College Coconut Village

RECOMMENDATION:

That Council approve the development application for a Material Change of Use (Code Assessment) over land described as Lot 152 on RP740335, Parish of Cairns for Dual Occupancy located at 13 Windarra Street, Woree, subject to the following conditions:

Assessment Manager Conditions

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:

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a. The approved plans, noted below, prepared by Brazier Motti Pty Ltd, Cairns, dated 31 March 2005 and attached as Appendix 1;

Title Date Site Plan 31 March 2005 04-3181 WD01 Revision B (Received by Council on 19 May 2005 #998096) Floor Plan 31 March 2005 04-3181 WD02 Revision B Elevations 31 March 2005 03-3181 WD03 Revision B

b. The plans, specification, facts and circumstances as set out in the application submitted to Council; and

c. To ensure that the development complies in all respects with the following conditions of approval and the requirements of the Council’s Planning Scheme, FNQROC Development Manual and good engineering practice.

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

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit must be effected prior to the issue of a Development Permit for Building Work, except where specified otherwise in these conditions of approval.

Redesign & Further Design Details

3. The development design is to include the following features:

a. Repositioning of the rear dwelling unit to be setback three (3) metres from rear boundary of the subject site. The setback is required to allow for a possible future one (1) metre resumption of subject site to allow for a twelve (12) metre future public transport corridor and a two (2) metre setback of the rear dwelling unit from the boundary to the future public transport corridor.

Three (3) copies of the development re-design plans must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

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Water Supply and Sewerage Contributions

4. The applicant/owner must contribute in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provisions of water supply and sewerage headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $1,035.31 (0.4 ERAs) for water, and $1,657.88 (0.6 ERAs) for sewerage.

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

Road Network Contributions

5. The applicant/owner must contribute in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards Traffic Management and Road Upgrading Programs.

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 $1,186.72 (0.5 ERAs).

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

Stormwater Quality

6. The applicant/owner must contribute in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the improvement of Stormwater Quality.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total contributions are $264.92 (0.0801 ECAs) for Stormwater Quality.

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

Parking

7. The amount of vehicle parking must be as specified in Council's Planning Scheme which is a minimum of four (4) spaces of which two (2) spaces must be provided per dwelling unit.

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Parking Design

8. The parking layout must be designed in accordance with Australian Standard AS2890.1 2004 Parking Facilities - Off Street Car Parking and in particular include:

a. Manoeuvring space must be provided to enable all vehicles to enter and exit the site in forward gear (including refuse and service/delivery vehicles); and

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

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

Parking Construction

9. The parking must be constructed in accordance with the FNQROC Development Manual specifications prior to commencement of use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all parking, driveway and vehicular maneuvering areas must be imperviously sealed, drained and line marked.

Protection of Landscaped Areas From Parking

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

Parking Setbacks

11. The parking area must be set back a minimum of 0.5 metres from the side property boundary.

General External Works

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

a. Modify the top of the drainage pit by relocating kerbstone to allow for the provision of a concrete crossover and apron generally in accordance with FNQROC Standard Drawing S1015; and

b. Move the street sign located in the path of the proposed driveway in accordance with FNQROC Standard Drawing S1040.

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The applicant is required to demonstrate that the inlet capacity of the pit is no less than the current capacity of the kerb inlet pit.

Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be submitted to Council and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Landscaping Plan

13. The applicant/owner must landscape the subject land and street frontage in accordance with FNQROC Development Manual and in accordance with a landscape plan submitted to and endorsed by the Chief Executive Officer. In particular, the plan must show:

a. The provision of shade trees to shade western walls; and

b. Landscaping of required setback areas, including a 1 metre landscaped setback to side boundaries not adjacent to the driveway and a 3 metre wide landscape buffer to the front boundary.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.

Landscaping Establishment

14. Areas to be landscaped must be established prior to the commencement of the use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Screen Fence

15. The applicant/owner must provide a screen fence (minimum height of 1.8 metres and maximum gap of 10mm) to the side and rear boundaries of the subject land, to the satisfaction of the Chief Executive Officer. The required fencing must be consistent in terms of design and materials with other similar fences in the locality. Details of the screen fence must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Lawful Point of Discharge

16. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge nominally being Windarra Street 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.

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Minimum Fill and Habitable Floor Levels

17. All floor levels in all buildings must be located 300 mm above the Q100 flood immunity level of 3.4 metres AHD, in accordance with FNQROC Development Manual and Planning Scheme requirements.

Water Saving

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

Refuse Storage

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

Crime Prevention Through Environmental Design

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

Details Of Development Signage

21. Details of any signage proposed in association with the development must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. In particular, the development must provide clear and legible signage incorporating the street numbers for the benefit of the motoring public.

ADVICE

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

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

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3. This approval, granted under the provisions of the Integrated Planning Act 1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

4. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au . To access the FNQROC Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au .

EXECUTIVE SUMMARY:

Council is in receipt of a Development Application for a Material Change of Use – Impact Assessment application to facilitate the establishment of a 2 x 3 Bedroom Dual Occupancy located at 13 Windarra Street, Woree, more particularly described as Lot 152 on RP740335, Parish of Cairns. The application was made to Council post 1 March 2005 and consequently has been assessed against the provisions of CairnsPlan.

The proposed development is consistent with the Planning Scheme provisions relating to Dual Occupancy. It is recommended that the application be approved subject to conditions.

TOWN PLANNING CONSIDERATIONS:

Proposal

The proposed development involves the establishment of a Dual Occupancy involving an already established house at 13 Windarra Street, Woree, more particularly described as Lot 152 on RP740335, Parish of Cairns. The proposal is to construct a second dwelling on the subject site at the rear of the already existing dwelling. Each of the proposed dwelling units will have three bedrooms.

The Plan of Development shows that a driveway will be located on the northern side of the proposed building, giving an access driveway to the rear dwelling located at the rear of the property. A single covered car parking space will be provided for each dwelling, with visitor parking to be provided at the rear of the subject site, giving a total of 4 car parking spaces for the development.

The original Plan of Development showed the visitor car parking area being setback further from the rear boundary of the subject site. However, this situation would not have allowed for cars using the visitor car parking spaces to leave the site in a forward gear. An Information Request was sent to the applicant requesting that an amendment to the visitor car parking be provided to allow for additional manoeuvring area to be provided. The applicant complied with this information request, and the amended plan has been included as Appendix 1.

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Impact of Proposal

Code CairnsPlan Compliance Inner Suburbs Planning District Applicability Planning Residential 1


Complies Area Defined Use Dual Occupancy


Complies Hillslopes Overlay Not Applicable - Vegetation Conservation & Waterway Significance Not Applicable - Overlay No Applicable Connectivity Overlay Code - Cultural Heritage Overlay Not Applicable - Potential or Actual Acid Sulphate Soil Material Not Applicable - Overlay Bushfire Risk Analysis Overlay Not Applicable - Flood Inundation (ARI 100 year) Overlay Not Applicable - Height and Impact of Buildings Overlay Not Applicable - Cairns Airport - Obstacle Limitation Surfaces Overlays Not Applicable - Overlay Cairns Airport – Bird & Bat Strike Overlay Code Provisions


Exempted for Dual Area 3 Occupancy Cairns Airport – Primary Light Control Plans Not Applicable - Overlay Road Hierarchy Code Provisions


Exempted for Dual Windarra Street – Sub Arterial Road Occupancy Pedestrian & Cycle Movement Overlay Not Applicable - Possible Public Transport Corridors Overlay No Applicable Cane Railway Code Special Facilities Overlay Not Applicable - Development Near Major Transport Corridors & Code Provisions


Exempted for Dual Facilities Code Occupancy No excavation or Excavation and Filling Code


Filling proposed. Conditions included General Infrastructure Works Code


to ensure Compliance Conditions included Landscaping Code


to ensure Compliance Parking & Access Code Not Applicable - Reconfiguring a Lot Code Not Applicable -

Future Public Transport Corridor

A Mulgrave Central Mill cane railway line runs behind the subject site and is identified in the Future Public Transport Corridor Overlay in CairnsPlan. The purpose of the Future Public Transport Corridor Overlay is to ensure that corridors identified are preserved so that future public transport corridors can be provided with a minimum of disruption to land uses located alongside the corridors.

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Council requires that a corridor of twelve (12) metres in width be preserved for all future public transport corridors. In the instance of this site, Infrastructure Management have advised that a corridor of twelve (12) metres will be required, and should the corridor eventually be used for the provision of public transport, a one (1) metre resumption will be required from the rear of the subject site. Should this resumption take place, this would leave the back wall of the proposed second dwelling of the proposed development 1.2 metres from the new boundary.

In order to allow sufficient setback from the proposed future boundary, a recommended condition of approval requires the applicant to provide an amended site plan showing the proposed new dwelling three metres from the current rear boundary of the site. This will allow for a three (3) metre setback with the current configuration of the lot and allow for a sufficient buffer should a public transport corridor establish at the rear of the site.

Public Notification/Submissions

The proposal was publicly advertised between 24 May 2005 to 17 June 2005 in accordance with the provisions of the Integrated Planning Act 1997. There were four properly made submissions received during the Public Notification period. The submissions received have been summarised and grouped into topic areas.

The original subdivision plans clearly defined Dual Occupancy lots stating no others would be allowed.

Officer’s Response

Dual Occupancy in the Residential 1 Planning Area of the Inner Suburbs Planning District is an Impact Assessable Use. The use has not been identified as an inconsistent use in the Residential 1 Planning Area and accordingly, the Planning Scheme allows for an application to be made subject to the public scrutiny process offered under the Integrated Planning Act 1997 . The same lot would have been subject to the same application process under the Planning Scheme for the Balance of the City of Cairns, adopted in 1996. The development demonstrates compliance with the relevant Planning Scheme provisions.

Windarra Street already has too many Dual Occupancy dwellings.

Officer’s Response

Dual Occupancy in the Residential 1 Planning Area of the Inner Suburbs Planning District is an Impact Assessable Use. The Planning Scheme allows for an application to be made subject to the public scrutiny process offered under the Integrated Planning Act 1997. The proposed development is located within 400 metres of a Centre and is located on a Sub Arterial Road. The proposal meets Acceptable Measures for the Performance Criteria relating to development not having a detrimental impact on amenity.

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This application will encourage other people in Windarra Street to make applications for Dual Occupancy.

Officer’s Response

The Integrated Planning Act 1997 through CairnsPlan allows any person to make a development application for any use, as no uses can be prohibited by the Planning Scheme. Consideration for Dual Occupancies will be given for those applications which can demonstrate compliance with the applicable codes, including the Dual Occupancy code.

This development will adversely impact on real estate prices in Windarra Street.

Officer’s Response

This is not a valid Planning ground of submission.

The proposed driveway will create extra noise as vehicles can be driven in and out from the rear dwelling at any time.

Officer’s Response

The two submitters who made representations relating to noise both stated that the provision of a 2 metre high fence would be an acceptable solution to alleviate noise levels associated with the driveway. The Assessment Manager Conditions include a condition for a 1.8 metre high screen fence to be provided along the side and rear boundaries of the subject site.

A cane railway fence in accordance with FNQROC Development Manual Standard Drawing S1026 has not been requested, as this Standard Drawing only requires Chainwire or Weldmesh fencing to be provided. This is not considered to be acceptable to reduce headlight glare from vehicles using the driveway or to provide a noise buffer to the cane railway.

The proposed driveway is facing directly towards the street sign for Leanne Close.

Officer’s Response

The General External Works conditions include the requirement for the applicant/owner to move the street sign in accordance with FNQROC Development Manual Standard Drawing S1040.

The proposed driveway will have to pass over a Council stormwater drain.

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Officer’s Response

Council’s Infrastructure Management Engineers have provided advice to suggest that it will be possible to alter the kerb inlet pit in order to allow for driveway access to the subject site and to allow the stormwater drain to continue to function as if no changes had been made.

A condition has been included to ensure that the applicant/owner makes changes to the kerb inlet pit and a report showing no loss of capacity for the stormwater drain to be provided to Council prior to the issue of a Development Permit for Building Work.

The proposed development allows a minimal area for outside activities associated with a three bedroom home.

Officer’s Response

CairnsPlan requires that a minimum of 25m2 be provided to each dwelling unit with a minimum average dimension of 4 metres. The proposed development offers these areas for each dwelling unit.

Occupants of the Dual Occupancy will dispose of rubbish over the back fence and burn garden debris in the cane railway corridor.

Officer’s Response

Conditions have been included to ensure that refuse disposal is provided in accordance with Councils refuse requirements.

The application has not provided a landscaping plan.

Officer’s Response

The applicant has been requested to provide a landscape plan as part of the conditions of approval.

HEADWORKS / CONTRIBUTIONS:

Element Comment Calculation Contribution Water Woree/White Rock Water Supply District 0.4 ERA x $1,035.31 Supply District 13: $2,588.27/ERA (June 2005) $2,588.27 2 Multi Unit/Holiday Accommodation (3 Bed) – 1.4 ERA Less Credit 1 House Lot 401m 2-900m 2 – 1.0 ERA Net Demand: 0.4 ERA Wastewater Woree Bayview Wastewater District 0.6 ERA x $1,657.88 District 30: $2,763.13/ERA (June 2005) $2,763.13 2 Multi Unit/Holiday Accommodation (3 Bed) – 1.6 ERA Less Credit 1 House Lot 401m 2-900m 2 – 1.0 ERA Net Demand: 0.6 ERA

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Road Bayview Traffic Management Plan 0.5 ERA x $1,186.72 Network District 27: $2,373.45/ERA (June 2005) $2,373.45 2 Multi/Dual (3 Bed) – 1.5 ERA Less Credit 1 House – 1.0 ERA Net Demand: 0.5 ERA Drainage – No Drainage Mitigation Charges Applicable for the No contribution Nil Mitigation Gordon Creek Catchment. sought Drainage – Gordon Creek Stormwater Quality Catchment 0.0801 ECA x $264.92 Water District 29: $3,307.36/ECA (June 2005) $3,307.36 Quality Residential 1 Impermeability Factor: 1.0 Subject Site Area: 0.0801 Hectares. Equivalent Contributing Area (ECA): 0.0801 x 1.0 Net Demand: 0.0801 ECA Community Land previously surrendered in reconfiguration of No Nil Purpose Sub 5 NR4885. (1983 – Mulgrave Shire Council). contributions sought

Rohan Lee Planning Officer Action Officer

Neil Beck Acting Manager City Assessment

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Appendix 1

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PLANNING & ENVIRONMENT COMMITTEE 9 14 JULY 2005

MATERIAL CHANGE OF USE (CODE ASSESSMENT) – HOTEL & MINOR BUILDING WORK – CAPTAIN COOK HIGHWAY, SMITHFIELD – DIVISION 12

Rohan Lee: 8/7/162-01: #959508

PROPOSAL : HOTEL & MINOR BUILDING WORK (ADDITION OF 1,263M 2 GFA INCLUDING 12 RETAIL TENANCIES & REDEVELOPMENT IN MAJOR SHOPPING DEVELOPMENT)

APPLICANT : CLIFTON CONEY GROUP PTY LTD C/- GHD PTY LTD PO BOX 819 CAIRNS QLD 4870

LOCATION: CAPTAIN COOK HIGHWAY, SMITHFIELD

PROPERTY: LOT 177 ON NR6432 & LOT 1 ON SP109016, PARISH OF SMITHFIELD

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

ZONE: COMMERCIAL

STRATEGIC PLAN: URBAN

DCP: HILLSLOPES CATEGORY A

REFERRAL AGENCIES: DEPARMENT OF MAIN ROADS – CONCURRENCE AGENCY ENVIRONMENTAL PROTECTION AGENCY – CONTAMINATED LANDS – CONCURRENCE AGENCY

NUMBER OF SUBMITTERS: NOT APPLICABLE

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STATUTORY ASSESSMENT DEADLINE: 27 JUNE 2005

DIVISION: 12

APPENDIX: 1. SITE LAYOUT PLAN 2. EXISTING LAYOUT

LOCALITY PLAN

Lot 1 on SP109016

Lot 177 on NR6432

RECOMMENDATION:

A. That Council resolve to revoke Development Permit 8/8/272 dated 21 January 2002 (Document Number 391588) for a Service Station located at the corner of Kennedy Highway and Captain Cook Highway on land more particularly described as Lot 177 on NR6432 and Lot 1 on SP109016, Parish of Smithfield.

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B. That Council approve the development application for a Material Change of Use (Code Assessment) over land described as Lot 177 on NR6432 & Lot 1 on SP109016, Parish of Smithfield to facilitate the establishment of a Hotel and to allow Minor Building Work in a Major Shopping Development located at the corner of Kennedy Highway and Captain Cook Highway, Smithfield, subject to the following conditions:

Assessment Manager Conditions

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:

a. The approved plans, noted below, prepared by Woodhead International, Cairns, undated and received by Council on 28 February 2005 and attached as Appendix 1;

Title Date Proposed Overall Site Layout Undated 03013902AR DA02 Revision A Proposed Southern Site Layout Undated 03013902AR DA05 Revision A Tavern Floor Plan Undated 03013905AR DA07 Revision 1 Existing & Proposed Overall Elevations Undated 03013902AR DA03 Revision A Existing & Proposed Overall Elevations Undated 03013902AR DA04 Revision A Tavern – Elevations & Section Undated 03013905AR DA08 Revision 1 Liquor Barn – Elevations & Section Undated 03013905AR DA10 Revision 1 Proposed Perspectives Undated 03013902 AR DA06 Revision A

b. The plans, specification, facts and circumstances as set out in the application submitted to Council;

c. To ensure that the development complies in all respects with the following conditions of approval and the requirements of the Council’s Planning Scheme, Development Manual and good engineering practice; and

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

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Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit must be effected prior to the issue of a Development Permit for Building Work, except where specified otherwise in these conditions of approval.

Parking

3. The amount of vehicle parking must be as specified in the Development Application submitted to Council which is one thousand, five hundred and sixty-six (1,566) spaces.

Parking Design

4. The parking layout must be designed in accordance with Australian Standard AS2890.1 2004 Parking Facilities - off street car parking and in particular include:

a. Provision must be made for loading/unloading of vehicles;

b. Parking spaces adjacent columns and walls must have a minimum unobstructed clear width of 2.8 metres unless determined otherwise by AS2890.1; and

c. Where pedestrian access is located between a parking space and an obstruction, a minimum clear trafficable width of three (3) metres must be provided.

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

Parking Construction

5. The parking must be constructed in accordance with the FNQROC Development Manual specifications prior to Commencement of Use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all parking, driveway and vehicular maneuvering areas must be imperviously sealed, drained and line marked.

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Protection of Landscaped Areas From Parking

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

Bicycle Storage

7. The applicant/owner must ensure the provision of a secured, on-site bicycle storage area for employee and shoppers in accordance with Table 10-1 of AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum parking spaces required for this development is 5 spaces. This storage area shall be constructed prior to the Commencement of Use.

General External Works

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

a. Provide an all weather access and upgrade to the Bus Stop on Captain Cook Highway frontage associated with the Major Shopping Development.

b. Provide an all weather access and upgrade to the Bus Stop on Kennedy Highway frontage associated with the Major Shopping Development.

c. Construct a 2.0 metre wide concrete footpath from the existing Bus Stop on Kennedy Highway to Cumberland Avenue. The footpaths shall include kerb ramps on Internal Access Road from Kennedy Highway as per the Development Manual Drawing S1016.

Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be submitted to Council and endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

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Landscaping Plan

9. The applicant/owner must landscape the subject land and street frontage in accordance with FNQROC Development Manual and in accordance with a landscape plan submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. In particular, the plan must show:

a. The provision of shade trees in open space areas, and to shade western walls; and

b. Landscaping of required setback areas, being a minimum 3 metre wide buffer to the side boundary and 3 metre wide buffer to the rear boundary of the site.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.

Landscaping Establishment

10. Areas to be landscaped must be established prior to the Commencement of Use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Lawful Point of Discharge

11. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge nominally being Easement C on RP903207, Kennedy Highway and Captain Cook Highway 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.

Minimum Fill and Habitable Floor Levels

12. All floor levels in all buildings must be located 300 mm above the Q100 flood immunity level of 3.4 metres AHD, in accordance with FNQROC Development Manual and Planning Scheme requirements.

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Existing Creek and Drainage Systems

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

The applicant/owner must obtain any necessary approvals from the Department of Natural Resources and Mines for carrying out works in a watercourse.

Water Saving

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

Building Over/Adjacent Sewer

15. The applicant must either:

a. Relocate the existing sewer or site the proposed building such that the sewer is a minimum of 1.5 metres away from the building and clear of the zone of influence from the footings and foundations of any building/structure; or

b. Replace the existing sewer main under or within 1.5 metres of the building and within the zone of influence of the footings and foundations with uPVC sewer pipe class SEH.

All the above sewer works must be designed and constructed in accordance with the FNQROC Development Manual and the building footings must be designed so as not to place any load on the sewer. The details of the building footings adjacent to the sewer must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Refuse Storage

16. An area of a suitable size is to be provided at ground level to store the number of refuse bins required to service the site. Brochures on these requirements - ‘Requirements for Refuse Storage - Commercial Premises’ is available from Cairns Water.

17. The refuse bin enclosure(s) must be roofed and bunded and fitted with a bucket trap.

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Advertising Signage

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

External Lighting

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

Crime Prevention Through Environmental Design

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

Details Of Development Signage

21. Details of any signage proposed in association with the development must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. In particular, the development must provide clear and legible signage incorporating the street numbers for the benefit of the motoring public.

Health

22. The person operating a higher risk personal appearance service must make application to do so with the Public Health Unit prior to the Commencement of Use.

23. Premises proposed for the operation of higher risk personal appearance services must comply with the structural requirements of Part 15 of the Queensland Development Code, issued by the Department of Local Government and Planning.

24. Prior to the operation of the food business, the operator must hold a Food Operators Licence, and the premises must be registered in accordance with the Food Act 1981 .

25. The applicant/owner must ensure that on completion of any on-site construction works the subject land is maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer.

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C. The following notation will be placed on Council's future rates record in respect of the subject allotments. ‘There is a Development Permit on this property which includes conditions from the Department of Main Roads. These conditions must be adhered to, if the Development Permit is activated.’ (Document Number: 987550). For further information contact Council's City Assessment Branch’.

ADVICE

1. This approval, granted under the provisions of the Integrated Planning Act 1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

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

3. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au . To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au .

EXECUTIVE SUMMARY:

Council is in receipt of a Development Application to facilitate the redevelopment of the Smithfield Shopping Centre. The proposed development is for the establishment of a new Tavern and Drive Through Bottle Shop, defined as a Hotel in the Planning Scheme, the redevelopment of the southern end of the shopping centre currently housing various retail tenancies and the construction of new retail tenancies in car parking areas along the spine of the shopping centre. The redevelopment of the southern end of the shopping centre and the addition of 12 new shops does not exceed the threshold of more than a 5% addition to existing Major Shopping Development. Accordingly, the redevelopment is considered to be Minor Building Work

The application was received on 28 February 2005 prior to the commencement of CairnsPlan and has been assessed against the provisions of the Superseded Planning Scheme for the Balance of the City of Cairns.

The proposed development meets the requirements for relating to a Hotel and Major Shopping Development. Accordingly, the proposal is recommended for approval subject to conditions.

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TOWN PLANNING CONSIDERATIONS:

Proposal

The proposed development is for the redevelopment of Smithfield Shopping Centre. The overall development will see the demolition and reconstruction of the Tavern and Bottleshop and redevelopment of the Shopping Centre. The redevelopment will involve the following actions:

• Demolition of the existing Tavern and Bottleshop; • Demolition of existing retail tenancies located adjacent to Woolworths; • Construction and redevelopment of retail tenancies located adjacent to Woolworths; • Alterations to the Shopping Centre façade facing Kennedy Highway and Captain Cook Highway; • Addition of a balcony to the Food Court; • Extensions to the existing car park; and • Improved link between the Shopping Centre and the Bus Stop on the Kennedy Highway.

In its final form, the redevelopment of the Smithfield Shopping Centre will result in 12 additional retail tenancies adding a total of 1,263m 2 gross floor area to the Major Shopping Development, see the relocation of the Smithfield Tavern and associated Bottleshop to the western side of the subject site and the landscaping and provision of car parking area at the site of the former Tavern and Bottleshop.

The proposed development meets the requirements of the Planning Scheme for the Balance of the City of Cairns and is recommended for approval subject to conditions.

Smithfield Development Control Plan

The Smithfield Town Centre is identified in the Strategic Plan for the Balance of the City of Cairns as a sub-regional centre and is intended to become a primary focus for the Marlin Coast and the northern areas of the Cairns region. The intention of the Smithfield Development Control Plan is that the primacy of the Smithfield Town Centre be preserved by concentrating a variety of higher order retail, commercial and community uses within the Town Centre area rather than in other locations of the Marlin Coast.

The proposal meets the intention of the Development Control Plan by allowing shopping centre uses, catering shops, restaurants, commercial premises and other associated commercial uses to establish on the subject site. The Major Shopping Development is oriented towards the Captain Cook and Kennedy Highways and considers the roles of these roads as State Controlled Roads. The Development Control Plan requires that watercourses shall be retained.

The proposed development meets the intent of the Smithfield Development Control Plan.

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Impact of Proposal

Planning Scheme Provisions Proposed Development Compliance General Intent of Zone – The proposed development Complies Commercial furthers the intent of the Commercial zone to provide for a broad range of retail, commercial and business developments which serve the needs of the community being serviced by the particular development. Intent of Strategic Plan – In accordance with the Strategic Complies Urban Intent of the Urban designation of the Strategic Plan.

Part D – Commercial Development Site Coverage does not exceed Smithfield Shopping Centre Site Complies 80% Coverage remains unchanged – 24.5% Building Height does not exceed 10m Complies 10m Setbacks – 6m from Main Road Minimum 6m Complies Frontage Part D – Car Parking Major Shopping Centre – Major Shopping Centre - The proposed development 4.3 spaces/100m 2 GFA 26,585m 2 GFA - 1143 spaces. generates a requirement for Hotel – Bar – 685m 2 – 69 Spaces 1,288 spaces. 1 space per 10m 2 of bar, lounge Gaming – 76m 2 – 15 spaces beer garden and other public area Bottleshop – 1,234m 2 – 61 1,566 spaces are proposed for plus 1 space per 50m 2 of gross spaces the subject site. floor area of bulk liquor sales area. Complies

Discussion

The proposed development has been assessed against the provisions of the Superseded Planning Scheme for the Balance of the City of Cairns. The Integrated Planning Act requires Council to consider a range of matters to the extent that they are relevant to the application. Those matters requiring Council’s further consideration are discussed below.

Centre Planning Strategy

The Centres Planning Strategy (March 1998) identifies Smithfield Shopping Centre as a sub-regional centre, serving the Northern Beaches of Cairns, the northern Shires of Cook and Douglas and to a lesser extent Cook Shire and the rural hinterland of Mareeba Shire. The Strategy identifies characteristics for sub-regional centres, which include:

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• Provide for a catchment of 10,000 – 20,000 people; • Provide for a high level of comparison shopping through the provision of at least one discount department store, a number of national chain retailers and a wide range of specialty shops; • Provide for a high level of food and grocery shopping through at least one supermarket and a number of fresh produce shops; • Have a retail floor in excess of 20,000m 2; and • Have direct access to public transport and be serviced the arterial road network.

The proposal for meets the requirements of the Centres Planning Strategy.

Service Station Approval

The subject site was subject of an application for a Woolworths Petrol Plus Service Station in 2001/2, and was issued a Development Permit (Development Permit 8/8/272) on 21 January 2002. The area approved for the Service Station is located adjacent to the entrance to Smithfield Shopping Centre on the Kennedy Highway.

The Information Request dated 29 March 2005 (#970849) requested that the applicant provide details of how the application for the Hotel and Minor Building Work in a Major Shopping Development would affect the approved Service Station.

The Information Response provided by the applicant on 18 April 2005 (#983727) stated:

”To date, no construction works have been undertaken. Our client has advised that it no longer intends to pursue the development of the Service Station, as permitted by this approval. This use will therefore not impact upon the current development application being assessed by Council.”

It appears that the proposed construction of the Drive Through Bottle Shop will impact on the site approved for the Service Station. Traffic issues relating to the functionality of the approved Service Station site for use by articulated vehicles to supply petrol to the station is questionable as the Drive Through Bottle Shop encroaches on the area approved for the Service Station.

The applicant was requested to supply information to demonstrate how the proposed construction of the Bottle Shop would impact on the approved Service Station, however, this request for information was not fulfilled.

A recommendation has been included in the recommendation to revoke Development Permit 8/8/272 so issues relating to usability of the Service Station do not eventuate should the applicant intend to activate this approval at a future date.

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Referral

The Development Application triggered referral to the Department of Main Roads and the Contaminated Lands Unit of the Environmental Protection Agency. The Environmental Protection Agency advised that they had no interest in the Development Application on 6 April 2005. Concurrence Agency Conditions from the Department of Main Roads are included in the recommendation.

HEADWORKS / CONTRIBUTIONS:

Code Assessable Development under the Transitional Headworks Planning Scheme Policy does not trigger Developers Headworks Contributions.

Rohan Lee Planning Officer Action Officer

Neil Beck Acting Manager City Assessment

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Appendix 1

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Appendix 2

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PLANNING & ENVIRONMENT COMMITTEE 10 14 JULY 2005

NEGOTIATED DECISION - COMBINED APPLICATION – MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) AND RECONFIGURING A LOT – BOULDERS ROAD, BABINDA – DIVISION 1

Kym Watton: 8/30/45 : #1019901

PROPOSAL : NEGOTIATED DECISION - GENERAL INDUSTRY (AGRICULTURAL PRODUCT PROCESSING PLANT) AND RECONFIGURING A LOT (LEASE BY AGREEMENT FOR A PERIOD EXCEEDING 10 YEARS)

APPLICANT : NQ TARO PTY LTD C/- BRAZIER MOTTI PTY LTD PO BOX 1185 CAIRNS QLD 4870

LOCATION: BOULDERS ROAD, BABINDA

PROPERTY: LOT 3 ON RP807595, PARISH OF BELLENDEN KER

ZONE: RURAL

STRATEGIC PLAN: RURAL

DCP: HILLSLOPES CATEGORY A

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

REFERRAL AGENCIES: NOT APPLICABLE

NUMBER OF SUBMITTERS: 26 PROFORMA LETTERS SUPPORTING - NOT PROPERLY MADE

STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE

DIVISION: 1

APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

Babinda State School

Subject Site

RECOMMENDATION:

That Council issue a Negotiated Decision with respect to Development Application 8/30/45 over land described as Lot 3 on RP807595, Parish of Cairns located at Boulders Road, Babinda for Material Change of Use (Impact Assessment) General Industry (Agricultural Product Processing Plant) and Reconfiguring a Lot (Lease by Agreement for a Period Exceeding 10 Years), subject to the following:

1. That Condition 4 and 5 be amended to read as follows:

4. The total amount of vehicle parking must be 20 spaces and 2 delivery vehicle spaces. The amount of vehicle parking required for each stage is five (5) spaces. Stages 1 and 3 must include the provision of one (1) delivery vehicle space.

The car parking layout must be designed in accordance with Australian Standard AS2890.1 1993 Parking Facilities – off street car parking, except as varied with the consent of the Chief Executive Officer and in particular manoeuvring space must be provided to enable all vehicles to enter and exit the site in forward gear.

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5. The car parking and driveway must be constructed in accordance with Council’s Development Manual specification. The number of car parking spaces to be constructed for each stage shall be in accordance with Condition 4. The car parking must be constructed prior to commencement of the use of the relevant stage and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer.

2. That Condition 9 be amended to read as follows:

9. The applicant / owner must monitor the treated wash water quality on a monthly bi-monthly basis for the first six months and quarterly six monthly thereafter. Results of the monitoring must be submitted to Council within 14 days of receipt. Samples must be taken at a point following treatment and prior to irrigation and be monitored for the following parameters; cyanide, conductivity, starch; BOD; total nitrogen (mg/L) and total phosphorus (mg/L). The applicant / owner must ensure that the irrigation of the treated wash waters occurs only within the sites boundaries.

All sampling and field testing of waters and preservation of samples of treated effluent released to waters or land must be made in accordance with methods prescribed in the Environmental Protection Agency Water Quality Sampling Methods, 3 rd Edition, December 1999, or more recent editions or supplements of this document.

3. In all other regards the conditions and advice contained in Development Permit 8/30/45 decided by Council on 28 April 2005 remain unchanged.

EXECUTIVE SUMMARY:

Council approved an application for General Industry (Agricultural Product Processing Plant) and Reconfiguring a Lot (Lease Agreement for a period exceeding 10 years) on the subject site at its Ordinary Meeting on 28 April 2005. The applicant has requested Council reconsider Conditions 4 and 5 which relates to car parking and Condition 9 which relates to monitoring the treated wash water. In consideration of the applicant’s submission, it is recommended that Condition 4, 5 and 9 be amended.

TOWN PLANNING CONSIDERATIONS:

Proposal

The following section outlines the condition for which the Negotiated Decision is sought, along with the applicant’s comments and relevant officer comments.

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Condition 4 and 5 of the Development Permit currently read as follows:

4. The amount of vehicle parking must be 20 spaces and 2 delivery vehicle spaces.

The car parking layout must be designed in accordance with Australian Standard AS2890.1 1993 Parking Facilities – off street car parking, except as varied with the consent of the Chief Executive Officer and in particular manoeuvring space must be provided to enable all vehicles to enter and exit the site in forward gear.

5. The car parking and driveway must be constructed in accordance with Council’s Development Manual specification prior to commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer.

Applicants Comments

The applicant considers that the requirement for all of the car parking spaces to be constructed prior to the commencement of the use to be unreasonable as the development is proposed in four (4) stages. The applicant has requested that the car parking spaces be constructed along with each stage of the development as opposed to the construction of all of the spaces with the first stage of the development due to costs and parking demand. Accordingly the applicant has requested that the construction of the car parking be staged and that five (5) spaces plus one (1) delivery vehicle space be constructed with Stage 1, five (5) spaces constructed with Stage 2, five (5) spaces plus 1 delivery space constructed with Stage 3 and five (5) spaces be constructed with Stage 4.

Officer Comments

It is considered suitable that the construction of the car parking be staged in accordance with the staging of the proposed development, and that the construction of the spaces be required prior to the commencement of the use of the relevant stage. Accordingly, it is recommended that the condition be amended.

Condition 9 of the Development Permit currently reads as follows:

9. The applicant / owner must monitor the treated wash water quality on a monthly basis for the first six months and quarterly thereafter. Results of the monitoring must be submitted to Council within 14 days of receipt. Samples must be taken at a point following treatment and prior to irrigation and be monitored for the following parameters; cyanide, conductivity, starch; BOD; total nitrogen (mg/L) and total phosphorus (mg/L). The applicant / owner must ensure that the irrigation of the treated wash waters occurs only within the sites boundaries.

All sampling and field testing of waters and preservation of samples of treated effluent released to waters or land must be made in accordance with methods prescribed in the Environmental Protection Agency Water Quality Sampling Methods, 3rd Edition, December 1999, or more recent editions or supplements of this document.

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Applicants Comments

The condition requires the wash water to be monitored on a monthly basis for the first six months and quarterly thereafter. The applicant has requested that the condition be amended to require wash water to be monitored bi-monthly for the first six months and six monthly thereafter. The applicant has requested the time frames for the monitoring be altered to reduce the associated costs.

Officer Comments

The intent of Condition 9 is to ensure that the applicant undertakes regular monitoring of the treated wash water. It is considered that the intent of the condition will still be achieved if the monitoring is done twice monthly for the first six months and quarterly thereafter. Therefore it is recommended that the condition be amended.

Kym Watton Planning Officer Action Officer

Neil Beck Acting Manager City Assessment

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APPENDIX 1

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PLANNING & ENVIRONMENT COMMITTEE 11 14 JULY 2005

RECONFIGURING A LOT (3 LOTS INTO 2 LOTS) – 415-419 SHERIDAN STREET, CAIRNS – DIVISION 10

Llew Beaton: 8/13/978-01 : #999181

PROPOSAL : RECONFIGURING 3 LOTS INTO 2 LOTS

APPLICANT : AUSTRALIAN ESTATES PTY LTD C/- BRAZIER MOTTI PO BOX 1185 CAIRNS QLD 4870

LOCATION: 415-419 SHERIDAN STREET CAIRNS

PROPERTY: LOT 564 ON NR6077, LOT 2 ON C198165 & LOT 3 ON C198165, PARISH OF CAIRNS

PLANNING DISTRICT: CBD-CAIRNS NORTH

PLANNING AREAS: INDUSTRY AND COMMUNITY FACILITIES

PLANNING SCHEME: CAIRNSPLAN

REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS ENVIRONMENTAL PROTECTION AUTHORITY QUEENSLAND RAIL (ADVICE AGENCIES)

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENT DEADLINE: 14 JULY 2005

DIVISION: 10

APPENDIX: 1. EXISTING LAYOUT 2. SITE LAYOUT PLAN

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LOCALITY PLAN

Subject Site

RECOMMENDATION:

A. That the application for reconfiguration of lots over land described as Lot 564 on NR6077, Lot 2 on C198165 and Lot 3 on C198165, Parish of Cairns, located at 415-419 Sheridan Street, Cairns North, be approved subject to the following conditions:

Assessment Manager Conditions

1. The proposal plan being Drawing No. 31067/004A dated 11 April 2005 and prepared by Brazier Motti is approved subject to any alterations:

a. found necessary by the Chief Executive Officer at the time of examination of engineering plans or during construction because of particular engineering requirements; and

b. To ensure that the development complies in all respects with the requirements of Council's Planning Scheme, Development Manual and good engineering practice; and

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c. To ensure compliance with the following conditions of approval.

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit must be effected prior to approval and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.

Existing Services

3. The applicant is to provide written confirmation of the location of existing services for the subject land. In any instance where existing services are contained within the other lot, the applicant shall either:

a. Relocate the services to comply with this requirement; or

b. Arrange registration of the necessary easements over services located within the other lot prior to, or in conjunction with, submission of the Plan of Survey.

Access

4. Access to the two proposed allotments shall be via Wood Street, to the satisfaction of the Chief Executive Officer.

5. No direct vehicular access shall be taken from Sheridan Street and the existing direct access between Sheridan Street and the subject land must be permanently closed prior to approval and dating of the Plan of Survey.

6. The applicant/owner must at their own cost create an Access Easement in favour of proposed Lot 2, from the Wood Street frontage of proposed Lot 1 over proposed Lot 1 to the common boundary with proposed Lot 2, to the satisfaction of the Chief Executive Officer. The Access Easement must be registered prior to, or in conjunction with, approval and dating of the Plan of Survey.

7. An all-weather access designed for industrial use must be constructed within the easement prior to approval and dating of the Plan of Survey, to the requirements and satisfaction of the Chief Executive Officer.

Advertising

8. No advertising device is permitted within the State-controlled Road Reserve i.e. Sheridan Street.

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External Works

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

i. Road works at the intersection of Sheridan Street and Wood Street are required and must be constructed in accordance with:

• the Department of Main Roads Road Planning and Design Manual and • current Department of Main Roads standards.

The following works are required within the State-controlled Road Reserve i.e. Sheridan Street:

• intersection designed for left-turning traffic movements only, suitable for industrial and conventional vehicles, with deceleration and acceleration lanes along Sheridan Street and a reinforced box culvert aligned with the existing drain, adequate to take Q10 flows and designed for overtopping; • remove the existing driveway(s) and drain crossing(s) along the frontage of the subject land and reinstate the drain and grassed footpath to match existing treatments.

ii. The applicant/owner must submit intersection design drawings prepared by a suitably qualified Registered Professional Engineer Queensland (RPEQ) for the approval of the Cairns Office of the Department of Main Roads for the works within the State- controlled Road Reserve i.e. Sheridan Street.

10. All required works within the State-controlled Road Reserve i.e. Sheridan Street, must be completed to the satisfaction of the Chief Executive Officer and the Director General of the Department of Main Roads, prior to approval and dating of the Plan of Survey.

11. Construct an industrial crossover opposite the Access Easement at the Wood Street frontage of the site prior to approval and dating of the Plan of Survey.

ADVICE

1. This approval, granted under the provisions of the Integrated Planning Act 1997 , shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

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2. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au . To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au .

3. The applicant/owner must notify the Environmental Protection Agency (EPA) (Contaminated Land Unit) in writing within five (5) working days of the Survey Plan being endorsed and provide a copy of the registered plan to the EPA (Contaminated Land Unit).

4. Car parking to serve the proposed lots will not be permitted within the Sheridan Street Road Reserve.

B. That the following notation be placed on Council’s future rates record in respect of proposed Lot 1 and proposed Lot 2:

“The owner of this property will be required to observe Conditions 4 to 11 inclusive relating to Development Permit 8/13/978.” ______

EXECUTIVE SUMMARY:

Council is in receipt of an application to reconfigure the boundaries of land at 415-419 Sheridan Street, Cairns North by the amalgamation of three lots into two lots with frontage to Sheridan Street. The newly created lots will have areas of 7104m 2 and 2956m 2. Approval is recommended subject to conditions.

TOWN PLANNING CONSIDERATIONS:

Proposal

The applicants propose to:

• Delete the existing boundary between Lot 2 on C198165 and Lot 564 on NR6077 and amalgamate part of Lot 564 with Lot 2 to create a lot of 7104m 2. The existing Lot 2 frontage to Sheridan Street will be retained.

• Delete the existing boundary between Lot 3 on C198165 and Lot 564 on NR6077 and amalgamate part of Lot 564 with Lot 3 to create a lot of 2956m 2. The existing Lot 3 frontage to Sheridan Street will be retained.

The applicants have not indicated the intended future use of the land, other than stating that “the proposal is effectively a management realignment, formalising access to all areas of the site from Sheridan Street” and that the proposal “is consistent with the industrial character of the area”.

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Planning Area

Lots 2 and 3 on C198165 are within an Industry Planning Area. Lot 564 on NR6077 is within a Community Facilities Planning Area. All lots are within the CBD-Cairns North Planning District.

The proposed lots meet minimum area, frontage and rectangle requirements under the Industry Planning Area designation. No standards are specified under the Community Facilities designation.

Referral Agencies

As the number of lots is not being increased, the application did not trigger referral to the Department of Main Roads. The application was nevertheless referred to DMR as a Third Party Advice Agency.

DMR has recommended that conditions be attached to the approval. These relate to:

• Permitted Road Access Location – access to be via Wood Street, with no direct vehicular access from Sheridan Street; • Road Intersection Works – required at the intersection of Sheridan Street and Wood Street and within the Sheridan Street road reserve; • Access Easement – to facilitate vehicular access from Wood Street; • Parking – not within Sheridan Street road reserve; • Advertising – no advertising device within Sheridan Street road reserve.

Subsequent to the initial response from DMR, the applicant made representations to DMR regarding the recommended conditions, stating that it is not intended to change or increase the intensity of the existing use and pointing out that vehicular access to the three existing allotments is currently obtained from Sheridan Street.

DMR has replied by reiterating the conditions recommended in its initial response.

Under Section 3.3.19 (1) of the Integrated Planning Act 1997, an Advice Agency may recommend that conditions should attach to a development approval. Concern regarding vehicular access from Sheridan Street has also been raised by Council’s Infrastructure Management Section and, while there may not be an immediate intensification of use, the creation of two lots with areas significantly larger than that of the two existing lots fronting Sheridan Street indicates that there could be redevelopment or intensification of use at a later stage. It is therefore recommended that the conditions proposed by DMR be attached to the development approval.

The land has a common boundary with a registered place under the Queensland Heritage Act 1992, being the Kuranda Railway. Section 3.3.5(1)(b) of the Integrated Planning Act 1997 requires that such an application requires referral coordination unless Council determines that the development will be unlikely to have significant effects on the environment.

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It was determined by Delegated Authority that the proposed development is unlikely to have significant effects on the environment, but the application was referred to Queensland Rail as a Third Party Advice Agency. Queensland Rail has advised that it does not have any objection to the proposed reconfiguration.

The application was also referred to the Environmental Protection Authority (Contaminated Land Unit) as a Third Party Advice Agency, as the land was previously used as a timber storage yard. The EPA has advised that Lot 564 was recorded in the Environmental Management Register until 1995, when it was deleted.

The EPA has requested that a condition be included stating that the reconfiguration is in accordance with the submitted proposal plan. The EPA has also advised that it is a requirement that the applicant notifies the Contaminated Land Unit in writing within 5 working days of the survey plan being endorsed and provides the EPA with a copy of the registered plan.

Impact of Proposal

Code CairnsPlan Compliance CBD-Cairns North Planning District Applicability Meets Industry requirements re minimum size and Planning dimensions. Industry / Community Facilities Applies Area No requirements specified for Community Facilities. Defined Use Reconfiguration Does not apply Hillslopes Overlay Does not apply Vegetation Conservation & Waterway Significance Overlays Does not apply Overlay Connectivity Overlay Does not apply Cultural Heritage Overlay Does not apply Potential or Actual Acid Sulphate Soil Material Overlay Does not apply <20m AHD Bushfire Risk Analysis Overlay Does not apply Flood Inundation (ARI 100 year) Overlay Does not apply Defined Flood Event 1:100 ARI Height and Impact of Buildings Overlay Does not apply Cairns Airport - Obstacle Limitation Surfaces Not relevant at Overlay Applies this stage.

Cairns Airport – Bird & Bat Strike Overlay Not relevant at Applies this stage.

Cairns Airport – Australian Noise Exposure Not relevant at Applies Forecast this stage. Cairns Airport – Primary Light Control Plans Not relevant at Overlay Applies this stage.

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Cairns Airport – Airport Public Safety Zone Does not apply Referred to Road Hierarchy DMR as Advice Sheridan Street – State-controlled Road Applies Agency. See

comments. Redesign of

this section of Pedestrian & Cycle Movement Overlay Applies Sheridan Street Sheridan Street – Trunk Route is required. See comments. Possible Public Transport Corridors Overlay Does not apply Special Facilities Overlay Does not apply Development Near Major Transport Corridors & Does not apply Facilities Code Excavation and Filling Code Does not apply Land is connected to all essential Infrastructure Works Code Applies services. Additional road works required. See comments. Landscaping Code Does not apply Parking not General applicable at Parking & Access Code Applies this stage. See comments re access. Complies with area and dimension requirements Reconfiguring a Lot Code Applies under Industry designation. See comments re access.

HEADWORKS / CONTRIBUTIONS:

Developer contributions are not applicable, as the number of lots is not being increased.

Llew Beaton Technical Officer Action Officer

Neil Beck Acting Manager City Assessment

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APPENDIX 1

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APPENDIX 2

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PLANNING & ENVIRONMENT COMMITTEE 12 14 JULY 2005

RESPONSE TO DEPARTMENT OF TOURISM, FAIR TRADING AND WINE INDUSTRY DEVELOPMENT – LIQUOR LICENSING DIVISION – NEW APPLICATIONS

Kelly Barnes: 8/20/6-03: #1021534

RECOMMENDATION:

That the applicant and the Department of Tourism, Fair Trading and Wine Industry Development be advised for the following comments:

1. Street Lounge Restaurant

Council has no objection to the proposed On Premises (Meals) Licence for Street Lounge Restaurant, located at Shop 5, 63 Abbott Street, Cairns and described as Lot 2 on RP701116, Parish of Cairns.

2. Gilligan’s Backpackers

Council does not support the proposal for Variation of Licence on the grounds that ‘the amenity, quiet or order of the locality concerned would be lessened in some way’. The fact evidence or reasons for objections are as follows:

a. This hotel is located in the centre of several nightclubs, set amongst many accommodation premises and local residential units. There have been complaints received by the Divisional Councillor from businesses, local residents and hotels regarding the noise, which emanates from the hotels and nightclubs in the area.

b. There are also a number of other similar venues in the area, and should this application be granted, fears are held that this would trigger a flood of ‘catch up’ applications, which would further lessen the amenity, quiet, and order of the locality.

c. Due to the vicinity of the hostel (on the same parcel of land) and the other accommodation types in the area, there are concerns about the appropriateness of having loud music on the premises.

d. Given that residential and accommodation uses are located close to the subject site, further assessment or possible impacts on surrounding uses and activities would be required, including consultation with adjacent premises/operators.

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e. Council has not received a copy of a report from a qualified acoustic consultant in correspondence received relating to the Variation of Licence; and

f. Details of the position of outdoor speakers have not been detailed in correspondence received relating to the Variation of Licence application.

3. Donnini’s Ciao Italia

Council has no objection to the proposed On Premises (Meals) Licence for Donnini’s Ciao Italia , located at Tenancy G11, The Pier, Pierpoint Road, Cairns and described as Lot 13 on SP154885, Parish of Cairns.

4. Oceanic Princess

Council has no objection to the proposed Commercial Carrying of Passengers Licence for Oceanic Princess, business located at 22 Redden Street, Portsmith and described as Lot 83 on NR 804095, Parish of Cairns.

INTRODUCTION:

The Department of Tourism, Fair Trading and Wine Industry Development – Liquor Licensing Division has written to Council seeking comment from Council on matters involving Liquor Licenses. The applications are for premises located at:

1. Street Lounge Restaurant, Cairns (On Premises (Meals) Licence);

2. Gilligan’s Backpackers, Cairns (Variation to Licence);

3. Donnini’s, Cairns (On Premises (Meals) Licence);

4. Oceanic Princess, Cairns (Commercial Carrying of Passengers Licence).

Council now has the opportunity to submit comments to the Liquor Licensing Division.

TOWN PLANNING CONSIDERATIONS:

Street Lounge Restaurant

An application for an On Premises (Meals) Licence has been applied for at Street Lounge Restaurant, located at Shop 5, 63 Abbott Street, Cairns and described as Lot 2 on RP7011116, Parish of Cairns. The Notice of Application is attached as Attachment 1.

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Should this licence be granted it would enable the holder thereof to sell liquor for consumption on the premises used for the primary purpose of eating meals prepared and served to be eaten on the premises. (However, liquor may be sold to patrons who are non-diners i.e. only there to have a drink.)

The proposed hours of operation are from 10:00am to 12 midnight – Monday to Sunday.

The subject land is included within the City Centre Area. A Restaurant is self assessable under CairnsPlan. As such, there are no Planning Objections to the proposed Liquor Licence.

General Policy – Liquor Licensing

The proposal is consistent with Council’s General Policy – Liquor Licensing.

Discussion/Comments

Comments in relation to the proposed Liquor Licence were received from the Divisional Councillor, Council’s Safety Officer and Environmental Health Officer.

Divisional Councillor

No objections were received regarding the proposed Liquor Licence.

Council’s Safety Officer

Ensure that Responsible Service of Alcohol & Responsible Promotion of Alcohol standards are met.

Environmental Health Officer

Public Heath Unit has no objections.

Gilligan’s Backpackers

An application for a variation to the current Licence has been applied for at Gilligan’s Backpacker’s, located at 57-89 Grafton Street, Cairns and described as Lot 5 on SP109765, Parish of Cairns. The Notice of Application is attached as Attachment 2.

Variation from: Noise emanating from entertainment, music or related activities in the Mezzanine Bar and external deck must not exceed 95dB(c), fast response, when measured approximately 3 metres from the source of the noise.

Variation to: Noise emanating from entertainment, music or related activities in the Mezzanine Bar and external deck must not exceed 115dB(c), fast response, when measured approximately 3 metres from the source of the noise.

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The proposed increases the allowable noise from 95dB(c) to115dB(c).

The subject land is included within the City Centre Planning Area.

Discussion/Comments

Comments in relation to the proposed Liquor Licence were received from the Divisional Councillor, Council’s Safety Officer and Environmental Health Officer.

Divisional Councillor

The Divisional Councillor has provided the following comments:

This hotel is located in the centre of several nightclubs – set amongst many accommodation premises and local residential units. There are constant complaints from businesses, local residents and hotels regarding the noise which emanates from the hotels and nightclubs in the area.

In relation to Gilligan’s, the latest amendment represents a large increase in the amplified entertainment to be permitted by the current licence conditions. The fact that this area is partly open would mean that whilst the noise may be able to be contained to a certain level, experience shows that it would magnify and be a considerable nuisance to adjacent hotels and units, particularly the premises that are over two storeys in height.

There are also a number of other similar venues in the area, and should this application be granted, fears are held that this would trigger a flood of ‘catch up’ applications. Council has held concerns that the increased noise from entertainment, music or related activities would have a detrimental effect on the accommodation premises in the neighbourhood. The latest amendment to licence conditions is considered excessive and is not supported by Council due to the premises location to many accommodation places and private residential units in the neighbourhood.

Council’s Safety Officer

Ensure that Responsible Service of Alcohol & Responsible Promotion of Alcohol standards are met.

Environmental Health Officer

Public Heath Unit has no objections.

Donnini’s Ciao Italia Restaurant

An application for an On Premises (Meals) Licence has been applied for at Donnini’s Ciao Italia Restaurant, located at Tenancy G11, The Pier Shopping Centre, Cairns and described as Lot 13 on SP154885, Parish of Cairns.

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Should this licence be granted it would enable the holder thereof to sell liquor for consumption on the premises used for the primary purpose of eating meals prepared and served to be eaten on the premises. (However, liquor may be sold to patrons who are non-diners i.e. only there to have a drink.)

The proposed hours of operation are from 10:00am to 12 midnight – Monday to Sunday

The subject land is included within the Strategic Port Land Area. As such, Council holds no jurisdiction over this land and have no Planning Objections to the proposed Liquor Licence.

Discussion/Comments

Comments in relation to the proposed Liquor Licence were received from the Divisional Councillor, Council’s Safety Officer and Environmental Health Officer.

Divisional Councillor

No objections were received regarding the proposed Licence.

Council’s Safety Officer

Ensure that Responsible Service of Alcohol & Responsible Promotion of Alcohol standards are met.

Environmental Health Officer

Public Heath Unit has no objections.

Oceanic Princess

An application for a Commercial Carrying of Passengers Licence has been applied for at Oceanic Princess, business located at 22 Redden Street, Portsmith and described as Lot 83 on NR 804095, Parish of Cairns.

Should this licence be granted it would enable the holder thereof to sell liquor for consumption on the premises to persons who are about to make, are making, or have just completed a journey on an aircraft, boat, train or vehicle.

The proposed hours of operation are from 60 minutes prior to the commencement of the journey, during the journey and for 30 minutes after completion of the journey.

The subject land is included within the Strategic Port Land Area. As such, Council holds no jurisdiction over this land and have no Planning Objections to the proposed Liquor Licence.

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Discussion/Comments

Comments in relation to the proposed Liquor Licence were received from the Divisional Councillor, Council’s Safety Officer and Environmental Health Officer.

Divisional Councillor

No objections were received regarding the proposed Licence.

Council’s Safety Officer

Ensure that Responsible Service of Alcohol & Responsible Promotion of Alcohol standards are met.

Environmental Health Officer

The Environmental Health Unit does not support this application, as the applicant does not hold relevant licence and registration under the Food Act 1981 for this activity on the premises. The operators of this business are advised to contact the Public Health Unit to make application for approval of premises, licence and registration at their earliest convenience.

ATTACHMENTS:

1. On Premises (meals) Licence Application for Street Lounge Restaurant, Shop 5, 63 Abbott Street, Cairns.

2. Variation to Licence Application for Gilligan’s Backpackers, 57-89 Grafton Street, Cairns.

3. On Premises (meals) Licence Application for Donnini’s Ciao Italia, Tenancy G11, The Pier Shopping Centre, Cairns.

4. Commercial Carrying of Persons Licence for Oceanic Princess, business address being located at 22 Redden Street, Cairns.

Kelly Barnes Technical Officer Planning Action Officer

Neil Beck Acting Manager City Assessment

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APPENDIX 1

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APPENDIX 2

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APPENDIX 3

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APPENDIX 4

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PLANNING & ENVIRONMENT COMMITTEE 13 14 JULY 2005

GENERAL POLICY - STRUCTURES WITHIN THE ROAD RESERVE INCLUDING SUBDIVISION IN STRATA

Deborah Wellington : 8/20/1-99 : #980807v2

RECOMMENDATION:

That Council adopt the attached General Policy Structures within the Road Reserve Including Subdivision In Strata.

INTRODUCTION:

The Council currently assesses applications for structures within the road reserve, on a case by case basis. The recent increase in inquires in relation to such structures, has led to the creation of the General Policy to provide a corporate direction in relation to such matters.

The draft General Policy is attached.

BACKGROUND:

The Policy applies to requests for either permanent or temporary works within Council Controlled Roads and where Council comment is sought for State Controlled Roads.

The Policy will apply to applications for road closures and applications to build infrastructure within the road reserve, as well as for strata subdivision of the areas above the road reserve i.e. where a building is proposed to have balconies or additional floor space over the road reserve.

COMMENT:

The General Policy proposes no change to how Council currently receives or considers applications or inquiries, it simply provides direction in considering such applications or inquiries.

CONSIDERATIONS:

Statutory:

There are no statutory requirements in relation to structures within the road reserve, however applications for Road Closures are made to the Department of Natural Resources & Mines and then referred to Council for comment.

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Policy:

It is good practice to have a policy which provides direction in relation to such matters, that involves use of Council’s roads, and which may also impact upon the ability of the general public to freely access the space.

Financial:

No cost to Council.

CONSULTATION:

Consultation has occurred with Managers and General Managers in relation to this matter. A workshop has been held with Councillors on the matter.

OPTIONS:

A. Council adopt attached policy. B. Council not adopt attached policy.

CONCLUSION:

The General Policy is proposed to set guidelines to ensure consistency in dealing with requests for erection of structures within road reserves.

ATTACHMENTS:

Draft General Policy Structures Within The Road Reserve, Including Subdivision In Strata (doc no. 970214).

Deborah Wellington Acting Manager Planning Strategies

Peter Tabulo General Manager City Development

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ATTACHMENT

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PLANNING & ENVIRONMENT COMMITTEE 14 14 JULY 2005

CAIRNSPLAN - LOCAL HERITAGE AND CHARACTER

Deborah Wellington : 8/24/3-02: #1022793

RECOMMENDATION:

That Council amend the Planning Area mapping to remove the conflict between the Cultural Heritage Overlay and the Residential 3 Planning Area and where appropriate include those areas in the Residential 1 Planning Area as part of the first review of the CairnsPlan.

That Council amend the mapping for the Northern Beaches District to include the areas along Arlington Esplanade that are currently in the Residential 3 Planning in the Residential 1 Planning Area, following community consultation.

INTRODUCTION:

The recent community survey identified that the preservation of our local heritage is one of our top ten areas for improvement.

This result is reflective of the fact that planning controls to protect sites of local heritage significance have only just been introduced through the CairnsPlan. Prior to this the local heritage register was established for information purposes only and did not have any statutory effect.

Council is hindered in the effective implementation of the controls in the CairnsPlan through the fact that there are a number of local heritage sites and character precincts that are included in the Residential 3 Planning Area, especially in the CBD/ Cairns North and Inner Suburbs Districts.

This report will look at the option of “backzoning” to remove this conflict and ensure the retention of our local heritage buildings.

BACKGROUND:

A number of the submissions on the CairnsPlan raised concerns about the loss of heritage sites as a result of development of multi unit housing.

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The option to include all local heritage sites and character precincts identified on the overlay maps in the Residential 1 Planning Area was considered by Council at the CairnsPlan workshop held on the 23 rd June 2004. At that workshop Council resolved not to “backzone” the heritage sites and to maintain the Residential 3 Planning Area. This decision was made as it was considered heritage controls were new and that this was the fist step in the process to protecting local heritage.

Since the commencement of CairnsPlan, Council has had a number of applications for Multi Unit Accommodation in heritage precincts that have been approved. The redevelopment of these sites for Multi-Unit Housing promotes the removal of the heritage building.

COMMENT:

Council will not be able to effectively implement the heritage controls in the CairnsPlan while heritage sites are included in the Residential 3 Planning Area as the two uses are mutually exclusive.

Multi Unit Housing is code assessable in the Residential 3 Planning Area and as long as the owner can demonstrate compliance with the Planning Area and Land Use Code, there is little that can be done to protect the heritage building from demolition to make way for the unit development. In this circumstance all the heritage controls effectively do is to give some control on the design of the new development to ensure it fits in with the character of the area. As the application is code assessable, adjoining owners and members of the community are not notified of the application and do not have any appeal rights.

If Council wishes to retain these heritage buildings then the most effective way is to change the Planning Area to Residential 1 for sites that have been identified as having heritage significance. Under this circumstance, Multi Unit Housing would become Impact Assessable, Council would have a stronger case to refuse applications for unit development and adjoining owners and members of the community would be notified of any applications.

A review of other local authorities including Brisbane City and Ipswich City shows that they do not have the inherent conflict in their planning schemes that Cairns City does.

A review of the mapping has been undertaken to identify areas that should be “backzoned” to Residential 1. The review has considered areas where it is preferred to keep Residential 3 for higher density development are retained, such as near centres and community facilities and along public transport routes.

Amending the mapping in the CairnsPlan would be included as part of the first review of the CairnsPlan and must be undertaken in accordance with the requirements of the Integrated Planning Act 1997 .

Incentives and Benefits

Council is already offering some incentives and benefits for owners of a local heritage site or included in a character precinct. These include:

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* waiving of development application fees, * offering development incentives such as reduced car parking rates and promoting increased densities though dual occupancies. * continue to produce heritage walk & drive brochures across the City.

Following a review of Brisbane City and Ipswich City Council it was identified that one of the best value for money benefits that these Council’s offer is the services of a heritage advisor. The heritage advisor provides free advice to owners wishing to undertake development or maintenance of their heritage building. Furthermore, the advisor provides Council with the necessary expert advice on development applications and assists in training and education with staff and the community. In many local authorities the heritage advisor is a part time position.

Statutory Covenants

The introduction of statutory covenants on the 8 March 2000 greatly expanded the scope of covenants. A statutory covenant is a voluntary agreement between the landowner and the state or local government and continues with the land. To date most of the interest in covenants has been for environmental protection measures. The effectiveness of using covenants to protect heritage buildings will be investigated as part of the effectiveness of a range of incentives and benefits.

Clifton Beach

Residents at Clifton Beach have asked for the area of Residential 3 along Arlington Esplanade to be changed to Residential 1 to fit in with the character of the area. The sites are mapped below. Owners of the Residential 3 blocks would have 2 years to apply under the superseded CairnsPlan as discussed under the financial considerations.

Subject Sites

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CONSIDERATIONS:

Corporate and Operational Plans:

The proposed changes are consistent with the Corporate Plan, in particular strategy 1.1.5 which is the ongoing review of the CairnsPlan and 1.4.2 which deals with the preservation of the heritage and culture of the city.

Statutory:

In order to amend the CairnsPlan, Council must follow the Schedule 1 process set out in the Integrated Planning Act 1997 . This includes the relevant state interest checks and a minimum of 60 working days public consultation.

Financial:

Each time Council amends the CairnsPlan it creates a new superseded planning scheme. This then starts the 2-year timeframe for affected owners to apply to Council under the superseded planning scheme. To trigger the compensation requirements of IPA, a proponent must first make a superseded planning scheme application. A local government as assessment manager may opt to consider a development application under the superseded scheme as if the scheme had not been changed, meaning the owner is “compensated” by being allowed to exercise development rights now not permitted under the CairnsPlan.

Alternatively, the local government may opt to assess the application under the CairnsPlan, in which case the owner would be entitled to claim compensation based on the difference in the value of development rights approved under the CairnsPlan and those available under the superseded planning scheme.

Sustainability:

The purpose of the Integrated Planning Act 1997 is to seek to achieve ecological sustainability. Ecological sustainability is a balance that integrates ecological process and natural systems, economic development and social and cultural wellbeing of communities. One of the fundamental elements of ESD is to provide for equity within and between generations and there is a responsibility to protect places of local heritage so they can be handed on to future generations.

CONSULTATION:

Officers from the Planning Strategies Branch met with officers from Brisbane City and Ipswich City Council’s to discuss approaches to the protection of local heritage and options for incentives and benefits for owners of local heritage sites.

Council officers have briefly discussed options for incentives and benefits with Councillors at a workshop on the 26 th May 2005. Consultation with the affected Councillors will be undertaken as part of the review of the CairnsPlan mapping.

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OPTIONS:

Council has the option to

A. Amend the CairnsPlan mapping to remove the conflict between the heritage overlay and planning area. The amendments will be considered as part of the first review of the CairnsPlan

Or

B. Leave the mapping as it is and assess each application on its merits.

CONCLUSION:

CairnsPlan has introduced controls on the protection of local heritage sites. To date the effective implementation of these controls has been hindered by the fact that a number of the local heritage sites and character precincts are included in the Residential 3 Planning Area.

The recommended option to deal with this conflict is to amend the Planning Area from Residential 3 to Residential 1. A review has been undertaken to determine where this is appropriate. The proposed amendments will then be considered as part of the first review of the CairnsPlan.

ATTACHMENTS:

N/A

Deborah Wellington Team Leader Strategic Planning

Peter Tabulo General Manager City Development

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PLANNING & ENVIRONMENT COMMITTEE 15 14 JULY 2005

PALM COVE PETITION FROM RESIDENTS AND RATEPAYERS IN RESPECT OF PLANNING AND DEVELOPMENT ISSUES

Deborah Wellington : 8/20/1-100: #1017583

RECOMMENDATION:

That Council provide a copy of this report to the principal submitter as a response to the issues raised in the petition.

INTRODUCTION:

A petition from the residents and ratepayers of Palm Cove was presented to Council at the Planning and Environment Committee Meeting on the 16 June 2005. This report addresses the matters raised in the petition.

BACKGROUND:

Council officers attended a public meeting at Palm Cove on the 28 th May 2005. Council officers including David Farmer, Nikki Huddy and Helius Visser spoke on planning and development issues for Palm Cove and addressed a number of the issues raised in the petition. A representative from Indigo Pty Ltd was in attendance at the meeting and spoke briefly indicating that discussions with the community would continue regarding the redevelopment of the Novotel site.

COMMENT:

The petition deals with planning and development issues in Palm Cove and addresses nine key issues each of which will be dealt with below.

1. No tree clearing or structures on our hillslopes to be visible from any part of our community so that our beautiful mountain backdrop is preserved.

As part of the preparation of the CairnsPlan, the controls on development on the hillslopes were reviewed. The Hillslopes Code was strengthened to ensure that any development on hillslopes is appropriate, safe and retains the scenic backdrop to the City.

In particular, clearing and disturbance of vegetation is minimised. Building work is stepped with the terrain to minimise excavation and filling and is constructed in materials and colours that complement the natural surrounds. No development is to occur on steep land with a gradient that exceeds 33.3% or 1:3.

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Council also “backzoned” a number of large parcels of hillslopes land from residential to conservation in the CairnsPlan.

2. All blocks of land to have a minimum area of 800 square metres.

Prior to the introduction of CairnsPlan, the previous Planning Scheme being the Planning Scheme for the Balance of the City of Cairns which was gazetted in 1996 permitted a minimum lot size of 300m 2 in both the Residential 2 and Residential 3 zone.

In recognition of the tropical climate in which we live, and the need to promote through breezes, the minimum lot size has been increased from 300m 2 to 450m 2 in the Residential 2 Planning Area and 800m 2 in the Residential 3 Planning Area. The planning grounds behind nominating 800m 2 as the minimum lot size in the Residential 3 Planning Area is because this is considered the minimum lot size to support Multi Unit Housing. The minimum lot size in the Residential 1 Planning area is 600m 2.

To suggest that a minimum lot size of 800m 2 be introduced irrespective of the Planning Area does not take into consideration the need for housing choice and affordability or the need to make better utilisation of the limited land resources. This concept of urban consolidation is an accepted planning principal that strives to ensure deliver sustainable outcomes by ensuring efficient use of the land.

3. Novotel golf course not to be subdivided.

An application has been received for the redevelopment of Novotel Palm Cove Resort. The proponent has applied for a Development Permit for 106 lots in Stage 1 in the north eastern corner of the site and a Preliminary Approval for 71 lots on the Captain Cook Highway side of the site.

The application is Code Assessable. Under the Integrated Planning Act 1997 the application has triggered referral coordination provisions of the Act.

The land subject of the application currently holds an approval for an additional 330 motel rooms as per a development application approved by Council in 1996.

The land was zoned Special Facilities to indicate this approval in the previous Planning Scheme. The land still carries this Special Facilities approval however, CairnsPlan which commenced on 1 March 2005 has zoned this land Tourist and Residential. The Tourist and Residential zone allows for the development of land to a density of 400 persons per hectare. This change was advertised between 31 October 2003 and 31 January 2004 and has been available on Council's website since 31 October 2003. There were no objections received for the Tourist and Residential zoning of the land. There were 1400 submissions received on the Draft CairnsPlan during its public notification period. All property owners were sent a personal letter advising that the CairnsPlan was on display and a range of other awareness activities were undertaken.

The development proposes a density equivalent to the Residential 2 with a combination of detached and multiple dwellings. Council Planning Officers have sent the applicant an Information Request through the Referral Coordination process, and a decision is not likely to made until the second half of this year.

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4. No further tree clearing or construction on the hillsides of Buchan’s Point.

To date development applications have been made under the transitional planning scheme, the Planning Scheme for the Douglas Shire. The Resort Business Zoning on the land gave opportunity for quite extensive commercial development with allowable site coverage of up to 80% and no building height limitations. There is no general control over vegetation clearing on Buchan's Point as the Local Law for the former Mulgrave Shire did not cover the former Douglas Shire land area.

Applications lodged under the CairnsPlan will need to have regard to the Vegetation Conservation and Waterway Significance Code if affected by the Vegetation Overlay, together with the Hillslopes Code.

5. The major traffic access to any large subdivision will be directly off the Cook Highway and will not cause traffic to be funnelled down Cedar Road or Vievers Road. 6. Vievers Road to remain open to the Cook Highway .

The Captain Cook Highway is a limited access road. Access is only permitted by Department Main Roads (DMR) at approved access locations and strategic intersection locations to service the various northern beach communities. Current DMR planning in the vicinity of Palm Cove is for a future single access at Cedar Road via a roundabout similar to the one at Reed Road. Due to the close proximity of Veivers Road to this planned intersection, Veivers Road will be closed off at the highway. Whether the Terebra Street/Cedar Road intersection will need to be closed or reduced to left-in-left- out only is not known at this time. The timing for this planned upgrading will depend on the increase in traffic demand but is not expected to occur for at least 10 years. No direct access from the highway to the proposed subdivision will be permitted by DMR.

In relation to Veivers Road, it is planned to be closed in conjunction with the planned intersection at Cedar Road. An additional access to Palm Cove will become available when the Council's planned road link between Triton Street and the highway opposite Bokissa Street is constructed.

7. No significant changes to the caravan park and foreshore area north of Cedar Road, particularly no removal of trees, erection of commercial structures or creation of new carparks.

Council is currently investigating the options for redevelopment of Goldfinch Park at the northern end of Palm Cove. The outcome of this study will be a feasibility study and concept plan of the recommended option/s. The aim of the study is to improve the amenity and infrastructure of the carpark and caravan park/ camping ground while enhancing the standard of public open space within the area. The study does include consultation with the Palm Cove community.

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8. Upgrading and signage for existing car park near jetty.

The signage at Palm Cove is to a suitable standard and is consistent with signage at other beaches. Council regularly replaces signs that are damaged, worn or unsightly. Signage is an element that will be considered as part of the Options Report for Goldfinch Park.

9. Adequate areas for wildlife habitats to be preserved.

Under the CairnsPlan, significant vegetation has been mapped and connectivity corridors have been identified and are considered as part of the development assessment process. Furthermore, riparian corridors are required along the waterways identified in CairnsPlan and should be free of development.

Council resolved at its meeting on the 16 June 2005 that during the development assessment process, significant trees may be documented and included a covenant as part of the development approval and or nominated as part of the Local Law process and subsequently included on the register.

Council has recently partnered with the State Government to undertake a comprehensive faunal habitat study of the Northern Beaches (From the Barron River Delta to Palm Cove). This study will be used primarily to modify the existing Connectivity Corridors within CairnsPlan, providing additional information for the assessment of development in the area and identifying long-term strategies for the provision of wildlife corridors throughout the Northern Beaches.

The study will also provide Council with additional Development Assessment conditions which may be used in assessing a proposed development, ensuring the important habitats identified in the study are provided in subdivision layouts. A further outcome of the study will be a range of educational material for the residents of the Beaches communities about creating wildlife friendly properties and street tree planting ideas.

CONSIDERATIONS:

Corporate and Operational Plans:

The petition relates to a number of the goals outlined in the Corporate Plan, including community and land use planning, transport and mobility and caring for the environment.

Policy:

Council’s General Policy 1:02:24 which provides guidance on dealing with petitions. This report satisfies the requirements of the policy by reporting to Council and a response will be forwarded to the principal petitioner .

CONSULTATION:

Officers from City Assessment, Infrastructure Management and Precincts and Facilities were consulted and provided comments on the issues addressed in this report.

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OPTIONS:

Under the General Policy Council must advise the principal petitioner on how the issues were dealt with.

CONCLUSION:

Council provide a copy of this report to the principal submitter as a response to petition.

ATTACHMENTS:

N/A

Deborah Wellington Team Leader Strategic Planning

Peter Tabulo General Manager City Development

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PLANNING & ENVIRONMENT COMMITTEE 16 14 JULY 2005

LOT 529 ON NR5709 - NQEA LAND - COOK STREET

Deborah Wellington: 8/26/5-05: #1020265

RECOMMENDATION:

A. That Council, as an immediate measure, propose to make a Temporary Local Planning Instrument regarding Lot 529 on NR5709 and give a copy of the Temporary Local Planning Instrument to the Minister along with a statement of reasons of why Council considers it necessary to adopt the proposed instrument.

B. Council commence the Schedule 1 process under the Integrated Planning Act 1997 to amend the CairnsPlan to include Lot 529 on NR5709 in the Industry Planning Area, which is Council’s preferred land use designation.

C. That Council’s insurer be notified of this situation.

INTRODUCTION:

An anomaly between the CairnsPlan and the Cairns Port Authority (CPA) land use plan has been identified for Lot 529 on NR5709, NQEA land at 49-85 Cook Street.

This site is mapped as Strategic Port Land in the CairnsPlan, however it is not included in the schedule to the CPA’s current land use plan and effectively falls outside both of these planning documents.

This report deals with a preferred strategy to rectify the matter.

BACKGROUND:

CairnsPlan applies to the whole of the City with the exception of areas identified as Strategic Port Land pursuant to the Transport Infrastructure Act 1994 . Strategic Port Land is land that is included in CPA’s approved land use plan.

The anomaly came about because the original gazetted land use plan included “future strategic port land” – this included Lot 529 on NR5709 and other unallocated state land sites. Shortly after gazettal, CPA was required by the State to amend the schedule to their land use plan and remove sites that were identified as future strategic port land and not owned by CPA. Council was not notified of this amendment and no changes to the CairnsPlan mapping were made.

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Furthermore, no submission was received during the public notification period on the anomaly. Council and CPA only became aware of the issue through enquiries on the NQEA land for sale on Cook Street.

The ramification of this is that the land effectively falls outside both the CairnsPlan and the CPA’s land use plan and there is no trigger for a planning application to be made. Schedule 8 of the Integrated Planning Act still applies and approval for building work and environmentally relevant activities is still required.

COMMENT:

A change of ownership of the NQEA land increases the previously unidentified risk that the land is used and developed other than as expected under the CPA’s land use plan under the Transport Infrastructure Act 1994.

A temporary local planning instrument (TLPI) would as expeditiously as possible deal with the lack of planning controls on land formerly included in the CPA’s land use plan, including the NQEA land, and is for the specific purpose of reducing the risk of serious environmental harm, serious adverse economic or social conditions .

A TLPI would affect the operation of CairnsPlan for not more than 1 year (until it expires or is repealed by resolution or the adoption of a CairnsPlan amendment specifically repealing the TLPI). Ministerial approval of the grounds for proceeding with a TLPI is required under s2.1.10(2) of IPA.

The use of a TLPI will bring forward the timeframe within which a claim for compensation might be made. The bring forward occurs because the change to CairnsPlan triggering the opportunity to give Council a notice to carry out development (without the requirement to obtain a development permit other than for building work and environmentally relevant activities) under the current version of CairnsPlan is earlier in time than the change to CairnsPlan under the Schedule 1 process.

An amendment to CairnsPlan in accordance with Schedule 1 of IPA is required in any event. Council can proceed directly to the Schedule 1 process instead of first putting a TLPI in place and a Schedule 1 amendment will be required to bring the land within CairnsPlan if the Minister refuses the application for a TLPI under s2.1.10(2). The amendment to the CairnsPlan would be to include the site in the Industry Planning Area which is consistent with the surrounding land uses.

The delay involved in using the process under schedule 1 to amend CairnsPlan could increase the risk of serious environmental harm, or serious adverse economic or social conditions occurring. Council’s planning officers need to review the current use and development of the land formerly included in CPS’s land use plan to determine what the risks are.

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CONSIDERATIONS:

Corporate and Operational Plans:

The matter relates to the Community and Land Use Planning goal of the corporate plan. In particular strategy number 1.1.5, which is the ongoing review of the CairnsPlan.

Statutory:

Council may propose a TLPI pursuant to s2.1.12 of IPA using the process set out in Schedule 2 of that Act; prior to and in addition to proposing an amendment to CairnsPlan under s2.1.5 and Schedule 1 of the Act.

A TLPI may be made only if the Minister is satisfied for s2.1.10(2) –

(a) Environmental Protection Act 1994, section 17 that causes actual or potential harm to environmental values that is irreversible or of a high impact; actual or potential loss or damage to property of an amount of, or amounts totalling, more than $5000.00; that results in costs of more than $5000.00 being incurred in taking appropriate action to prevent or minimise the harm and rehabilitate or restore the environment to its condition before the harm) or serious adverse economic or social conditions occurring in the planning scheme area which will compromise the achievement of sustainable development on the site; and

(b) the delay involved in using the process under schedule 1 to amend CairnsPlan would increase the risk.

The TLPI process only involves 2 stages –

(a) the proposal stage – Council proposes a TLPI; Council gives the Minister a copy of the proposed TLPI and a statement of reasons why Council considers it is necessary to adopt the proposed instrument; the Minister’s decision under s2.1.10(2) which may be subject to conditions; Council compliance with any conditions; and

(b) the adoption stage – Council’s decision to adopt, adopt subject to the Minister’s conditions, or not to adopt; publication of a notice in The Cairns Post and the Qld Government Gazette about the adoption and copies of that notice and the TLPI to the chief executive for IPA.

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By comparison the Schedule 1 process involves 3 stages –

(a) preliminary consultation and preparation stage (which is abbreviated for a scheme amendment) – Council proposes a CairnsPlan amendment and gives the Minister a copy of the amendment;

(b) consideration of State interests and consultation stage – the Minister must consider whether or not State interests would be adversely affected by the proposed planning scheme and advise the Council whether it can notify the CairnsPlan amendment, subject to any conditions; publication of a notice in The Cairns Post and a consultation period of at least 30 days; consideration of every properly made submission and report to each principal submitter; Council decision to proceed with the amendment as notified, or as modified (and if significantly different repetition of the 30 day consultation and unless exempted provide the modified amendment to the Minister for a decision on State interests) or not to proceed; and

(c) the adoption stage – Council’s decision to adopt or not to adopt; publication of a notice in The Cairns Post about the adoption and copies of that notice and the CairnsPlan amendment to the chief executive for IPA.

An owner of an interest in the land (at the time a change to CairnsPlan is made) formerly included in the CPA’s land use plan is entitled to be paid reasonable compensation by Council pursuant to s5.4.2 of IPA if—

(a) a change to CairnsPlan (which would include the affect on the operation of CairnsPlan by the TLPI) reduces the value of the interest; and

(b) a development application (superseded planning scheme) for a development permit relating to the land has been made; and

(c) the application is assessed having regard to CairnsPlan and planning scheme policies in effect when the application was made; and

(d) Council, or, on appeal, the court—

(i) refuses the application; or

(ii) approves the application in part or subject to conditions or both in part and subject to conditions, unless the change affects development that, had it happened under the current version of CairnsPlan would have caused serious environmental harm, as defined in the Environmental Protection Act 1994, section 17, and the harm could not have been significantly reduced by conditions attached to a development approval.

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Financial:

If Council amends the CairnsPlan to include the site in the Industrial Planning Area the applicant still has the opportunity to make an application under the current version of CairnsPlan, for a period of 2 years. In this instance the applicant would advise Council that they intend to carry out the development without the requirement to obtain a development permit.

If Council decides the proposed development should considered under CairnsPlan as amended, the owner would be entitled to claim compensation based on the difference in the market value of the land immediately before and immediately after the adoption of the amended CairnsPlan pursuant to s5.4.9 of IPA.

Council could obtain a valuation report now to determine the likely financial consequences of proceeding with a TLPI and/or amendment to CairnsPlan.

Sustainability:

The lack of planning controls over this parcel of land can lead to serious environmental harm (that causes actual or potential harm to environmental values that is irreversible or of a high impact; actual or potential loss or damage to property of an amount of, or amounts totalling, more than $5000.00; that results in costs of more than $5000.00 being incurred in taking appropriate action to prevent or minimise the harm and rehabilitate or restore the environment to its condition before the harm) or serious adverse economic or social conditions occurring in the planning scheme area which will compromise the achievement of sustainable development on the site.

CONSULTATION:

To date Council officers have had discussions with representatives from CPA on the matter. Advice from the Manager Legal Services has been sought on the preferred process under IPA and provided input into this report.

OPTIONS:

The highest risk of a change to the development and use of the land is upon sale. As a sale of the NQEA land is currently proposed a TLPI is the preferred option.

Council has the option of immediately proceeding with an amendment to CairnsPlan in accordance with Schedule 1 of IPA.

Council can approach the new owners to make an application under the superseded Planning Scheme for the Part of the City where the land is zoned Waterfront Industry.

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CONCLUSION:

The preferred strategy to deal with the anomaly is to immediately commence the process of making a temporary local planning instrument to cover Lot 529 on NR5709. This is a short term solution as the temporary local planning instrument is only current for 1 year. Council must also amend the CairnsPlan to include Lot 529 on NR5709 in the Industry Planning Area which is the preferred land use designation and consistent with surrounding land uses. The amendment should commence early and not wait until the first review of the CairnsPlan.

Deborah Wellington Team Leader Strategic Planning

Peter Tabulo General Manager City Development

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PLANNING & ENVIRONMENT COMMITTEE 17 14 JULY 2005

MEMORANDUM OF UNDERSTANDING RELATING TO THE ROLES AND RESPONSIBILITIES OF LOCAL GOVERNMENT UNDER THE ENVIRONMENTAL PROTECTION ACT 1994

Owen McGrath: 1/58/1-06: #1015470

RECOMMENDATION:

That Council note the contents of this report and forward the submission to the Local Government Association of Queensland.

INTRODUCTION:

The Environmental Protection Act 1994 provides a framework for State and Local Governments to work concurrently to achieve environmental protection outcomes. The framework includes delegation and the devolution of roles and responsibilities to Local Governments. Development of a Memorandum of Understand and clarification of roles and responsibilities are the subject of discussions between the Environmental Protection Agency (EPA) and Local Government Association of Queensland (LGAQ).

BACKGROUND:

The LGAQ are seeking comments on the draft Memorandum of Understanding. Significant environmental outcomes have been achieved since the introduction of the Environmental Protection Act 1994 and the administration of the Act by State and Local Governments. However, experience has demonstrated an opportunity to achieve better outcomes and resource allocation by reviewing roles and responsibilities and developing a Memorandum of Understanding.

Discussion between LGAQ and EPA lead to a decision to analyse these issues and identify ways to improve. The principles have been developed on the basis of enabling Local Governments and the EPA to collaboratively achieve community expectations and environmentally effective allocation of resources.

Cairns City Council has had devolved to it a number of Environmentally Relevant Activities and is responsible for administering the relevant regulations. These activities, such as motor vehicles workshops, are of a local significance and are therefore best managed by Council. Council has also been granted delegations from the EPA to administer the Environmental Protection (Water) Policy 1997 , which enables Council offices to deal with sediment control on building sites and contamination in stormwater systems.

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COMMENT:

Council has reviewed the draft Memorandum of Understanding between the Environmental Protection Agency and Local Government, and Council makes the following comments:

Under section 2 - Responsibilities

Council suggests under the responsibilities of the EPA, subsection 2.2.7, amending as follows "Providing adequate financial and human resources to support Local Governments, and providing assistance in accordance with the MOU, when required". This is requested to ensure that State Government assistance is made available when required by Council to implement the Act.

Council suggests under the responsibilities of Local Governments, subsection 2.3.1, amending By Laws to Local Laws. This is requested to better reflect the current terminology known as Local Laws used by Council.

As a general issue subsection 2.4.3, requests that LGAQ provide Local Governments with further information regarding the ongoing training courses. Council requests this in order to ascertain the amount of on-going training that will be required by the Officers which administer the Act from Council.

CONSIDERATIONS:

Statutory:

In accordance with the Environmental Protection Act 1994 , the Environmental Protection Regulation 1998 and Environmental Protection Policies for Water, Air, Waste and Noise, Council has devolutions and delegations for administering environmental protection and management requirements. The Memorandum of Understanding will assist Council to perform its duties under these Acts.

Sustainability:

This Memorandum of Understanding will contribute to the environmental sustainability goals of Council by providing a better framework for the management of activities that are devolved to Council under the Environmental Protection Act 1994.

CONSULTATION:

The following Council representatives have been involved in the discussions with the EPA, LGAQ and the DLGP regarding the development of the Memorandum of Understanding.

Stacey Williams –Team Leader Environmental Protection Environmental Assessment Kristin Keane- Environmental Officer- City Works and Services Robyn Nargar- Manager Legal Services Laurie Phipps, Manager of Environmental Assessment Ian Clayton- Environmental Coordinator Cairns Water

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OPTIONS:

Council forward comments to the LGAQ.

OR

Council not forward comments to the LGAQ.

CONCLUSION:

Council comments on the Memorandum of Understanding will contribute to improved communications between Local Government and the EPA. It will also assist Council to perform the functions devolved to Council.

ATTACHMENTS:

Attachment A Draft Memorandum of Understanding for the dealings between Local Government and the Environmental Protection Agency.

Owen McGrath Strategic Environmental Planner

Peter Tabulo General Manager City Development

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ATTACHMENT A

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PLANNING & ENVIRONMENT COMMITTEE 18 14 JULY 2005

CITY DEVELOPMENT – JUNE 2005 MONTHLY REPORT

Peter Tabulo : SDS : 1/3/83 #658824V24

RECOMMENDATION:

That the report on City Development for the month of June 2005 be received and noted.

P Tabulo General Manager City Development

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ACTIVITY: City Development – Management & Support [CAA]

Aim To provide management and support for the City Development Division.

Level of Service • Management of City Development Division activities including Development Assessment, Building Services, Environmental Health & Local Laws.

Officer Responsible General Manager City Development

Performance Target Assessment (


= Satisfactory, ? = Marginal, X = Unsatisfactory)

Performance Rating: No. of Divisional Operating Initiatives Completed

35 Variance Report 31 27 Initiatives planned Nil. 23 to be completed 19 Actual Initiatives 15 Completed 11 Target 95% Prospective Actions 7 3 Nil. -1 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr * Includes information from Community Development Monthly Report

Performance Rating: Divisional Operating Budget Performance Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun


50% 40% Variance Report 30% 20% Nil. 10% 0% -10% -20% Prospective Actions % under or budget over -30% Nil. Revenue Expenditure Rev tolerance range 0 to +2% Exp tolerance range 0 to -5%

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Operating Divisional Budget Assessment : City Development

YTD YTD Var ($) Var (%) Variance Report & Prospective Actual ($) Budget Actions Revised (where variance is +/- 2%) ($) Revenue 6,431,266 5,920,526 510,740 9 • FAVOURABLE • Reasons: On Target • Implications / Actions : Nil

Expenditure 12,770,401 13,460,205 689,804 5 • FAVOURABLE • Reasons: On Target • Implications / Actions: Nil

Operating Budget Assessment : General Manager City Development

YTD YTD Var ($) Var (%) Variance Report & Prospective Actual ($) Budget Actions Revised (where variance is +/- 2%) ($) Revenue 70,156 61,837 8,319 13 • FAVOURABLE • Reasons: ROC revenue to be accrued • Implications / Actions : Nil

Expenditure 660,826 652,537 (8,289) (1) • FAVOURABLE • Reasons: On Target • Implications / Actions : Nil

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SUB PROGRAM City Assessment [CE]

ACTIVITY City Assessment – General Administration [CEA]

Aim To provide management and support to the City Assessment Branch. Level of Service • Provide management and support for Branch staff and operations. • Attend to all administration requirements of the Branch in an accurate and timely manner.

OFFICER Manager City Assessment RESPONSIBLE

Operating Budget Assessment:

YTD YTD Var ($) Var (%) Variance Report & Prospective Actual ($) Budget Actions Revised (where variance is +/- 2%) ($) Revenue 2,201,631 1,860,645 340,986 18 • FAVOURABLE • Reasons: Revenue is directly attributable to the number of Development Applications and Planning Certificates received in the Branch. The number of applications continues to be at the highest levels ever experienced by the Branch. Additional staff have been recruited to assist in meeting workloads. • Implications / Actions: N/A

Expenditure 1,943,916 1,875,431 (68,485) (4) • UNFAVOURABLE • Reasons: Expenditure is associated with the ongoing use of additional resources to meet Development Assessment workloads.

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ACTIVITY: Development Assessment [CEC]

Aim To provide certainty for the development industry and the community through consistency in approach and outcomes. To reduce unnecessary delays in decision-making. To support and encourage development which complies with the legislative requirements and has regard to community expectations.

Level of Service Services associated with timely and appropriate processing of :- • Material Change of Use (Impact Assessment) applications. • Material Change of Use (Code Assessment) applications. • Reconfiguration applications. • Combined Applications. • Pre-lodgement enquiries. • Planning Certificates. • Items reported to Council.

Officer Responsible Manager City Assessment

Operating Initiative Status Corporate Due Date Complete On Target (enter %) Plan Link Yes No * (enter
) (enter X) 1. Develop reporting for use with the 1.1.1 June 2005 55%
Developer Contributions Register.

2. Audit all Material Change of Use 1.1.1 June 2005 100%
Development Permits issued by Council between 30 March 1999 and 30 March 2000 – to determine if contributions paid and use has commenced.

3. Review Conditions and Development 4.2.2 June 2005 100%
Manual to ensure appropriate conditions are incorporated for the assessment of hillslope applications.

Variance Report for Initiatives not on target :

The Developer Contributions Reporting will not be finished by the completed target date being June 2005.

The audit of the Material Change of Use Development Permits from March 1999 to March 2000 is complete. Out of 55 MCU approvals 33 have commenced and 17 have lapsed. Out of the 33 approvals that have commenced 22 required the payment of headwork contributions, 10 out of the 22 have not paid and are currently being pursued. The remaining 10 have paid the applicable contributions.

Prospective Actions for Initiatives not on target :

The Developer Contributions Reporting is a matter that will continue to be addressed with Information Services. The Audit of permits continues on a rolling basis.

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Performance Target Assessment (


= Satisfactory, ? = Marginal, X = Unsatisfactory)

Performance Rating: Planning Applications Received per Month by Year


50 (Material Change of Use, Reconfiguring a Lot & Combined) 47 45 45 46 Variance Report

40 38 38 A large number of 35 development 30 30 applications were 28 received when 25 26 26 26 24 23 compared to 20 previous months. 15 The last spike

Number of Applications 10 being before the commencement 5 of CairnsPlan. 0 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Prospective Actions

Month Nil.

04 / 05. 01 / 02 Av. 02 / 03 Av. 03 / 04.

Performance Rating: Pre-lodgement Enquiry Response Time (Target 8 days)

60 Variance Report

50 Very satisfactory turn 40 around time frames for pre-lodgement 30 enquiries with 15 being received, 12 of which 20 the response was sent within the 8 business No. Responded To 10 days. Prospective Actions 0 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Nil. Month

< 8 days > 8 days '02 Av. 03 / 04 Av.

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Performance Rating:

Number of Extension of Time Letters Sent

12 11 Variance Report 11 Letters extending the 10 9 9 decision period is 8 8 expected given the 8 high number of 7 6 development 6 5 applications received Number 5 4 4 in the previous 4 month. 3 2 2 2 Prospective Actions 2

1 Focus on meeting July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun these deadlines will Month continue.

04 / 05. 03 / 04 Av.

Performance Rating: Planning Certificate Response Time (Target 5 days*)

*note target time is between 5 and 30 business days depending on type of inquiry

50 Variance Report 45 40 Small number of 10 35 3 certificates were not responded to in the 30 4 5 2 14 2 given timeframe . 25 2 9

20 2 Prospective Actions 15 33 33 30 28 25 27 3 27 No. Responded To 10 20 1 20 21 Focus on meeting 5 9 12 these deadlines will 0 continue. . July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Month

within target time outside target time 03 / 04 Av.

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The following applications were approved by Delegated Authority in June 2005.

APPROVAL APPLICANT ADDRESS DIVISION DATE

Reconfiguring a lot – 1 lot Hedley Constructions Pty 77-91 Scott Street, 5 3/06/2005 into 2 lots Ltd Bungalow MCU (Code Assessment) – Airservices Australia Marshall Street, 10 6/06/2005 Public Utility Machans Beach Reconfiguring a lot – 1 lot CA Brasch & DG Brasch 13 Moowooga Street, 4 10/06/2005 into 4 lots Earlville Reconfiguring a lot – BP Davies & VD Davies 17 Cultivation Close, 2 14/06/2005 boundary realignment Edmonton Reconfiguring a lot – 1 lot JA Hunter 62 Hutchinson Street, 8 14/06/2005 into 2 lots Whitfield MCU (Code Assessment) – A J Thomsen 6 Henley Street, Earlville 5 16/06/2005 House – Extension MCU (Code Assessment) – B Law 298 Fearnley Street, 6 16/06/2005 House – Extension Manunda Reconfiguring a lot – 3 lots Janhon P/L (Tte) & Stone & 6 Temora Close, Edge 8 16/06/2005 into 2 lots O’Sullivan Properties P/L Hill & 14-18 Hutchinson (Tte) Street, Edge Hill MCU (Code Assessment) Garage World 16 Glen Boughton 10 16/06/2005 House Extension Street, Aeroglent Reconfiguring a lot W Hamilton Bruce Highway, 1 17/06/2005 (boundary realignment) Gordonvale Reconfiguring a lot – Reefcam Pty Ltd 10 & 11 Julian Close, 7 17/06/2005 Boundary realignment Mooroobool MCU (Code Assessment) MGA Sheds & Garages 16 Dalgety Street, 10 17/06/2005 House Extension Stratford Reconfiguring a lot – 1 lot C P Robino & J Robino Evans Road, Bramston 1 20/06/2005 into 2 lots Beach Reconfiguring a lot – 1 lot R M Corcoran Gillies Highway, 1 21/06/2005 into 2 lots Gordonvale Reconfiguring a lot – P Harvey Pine Creek Road, Glen 2 21/06/2005 boundary realignment Boughton MCU (Code Assessment) Hartley Group 6-8 Walters Street, 5 21/06/2005 Industry Class B Portsmith MCU (Code Assessment) C Graham & C L Graham 1/3 Guava Street, 10 22/06/2005 Multi Unit Housing Holloways Beach Reconfiguring a lot – CEC Group Limited 296-298 Hartley Street, 5 23/06/2005 Reconfiguration by lease Bungalow Reconfiguring a Lot – 1 lot A L English (Tte) & T J 82-84 Vico Street, 1 24/06/2005 into 2 lots English (Tte) Gordonvale Reconfiguring a lot – 1 lot Wunhym Nominees Pty Ltd 1-3 Dawson Street, 1 24/06/2005 into 2 lots Bramston Beach MCU (Code Assessment) The Hartley Group Pty Ltd 147 Spence Street, 5 24/06/2005 Industry Class A Portsmith MCU (Code Assessment) The Hartley Group Pty Ltd 147 Spence Street, 5 24/06/2005 Industry Class A Portsmith MCU (Code Assessment) Jarsdack Pty Ltd (Tte) 33 Mt Milman Drive, 10 24/06/2005 Industry Class A Smithfield MCU – Code Assessment Garage World 75 Martyn Street, 6 27/06/2005 Parramatta Park MCU (Impact Assessment) K C Doyle 76 Veivers Road, Palm 11 27/06/2005 Dual Occupancy Cove Reconfiguring a lot – 1 lot Edge Architecture 108-110 Harbour Drive, 11 29/06/2005 into 2 lots Trinity Park

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SUB PROGRAM Strategic Land Use Planning [ ]

ACTIVITY Strategic Land Use Planning – General Administration [ ]

Aim To provide management and support to the Strategic Land Use Planning Branch.

Level of Service • Provide management and support for Branch staff and operations. • Attend to all administration requirements of the Branch in an accurate and timely manner.

OFFICER Manager Planning Strategies RESPONSIBLE

Operating Budget Assessment:

This item will continue to be reported under City Assessment until the new financial year.

ACTIVITY: Strategic Land Use Planning [CEF]

Aim To ensure that community desires, Council’s objectives, and legislative requirements are reflected in strategic plans, the CairnsPlan in liaison with Government and agencies.

Level of Service • Identification and preparation of strategic plans, adopted by Council, to ensure sustainable and co-ordinated urban development.

Officer Responsible Manager Planning Strategies.

Operating Initiative Status Corporate Due Date Complete On Target (enter %) Plan Link Yes No * (enter


) (enter X) To complete the following projects by June 05: June 2005 100%
1. CairnsPlan 1.1.5 • Design & Printing and web page for final plan • User Guides • Review of selected aspects • CairnsPlan Workshop/Training Forums • CairnsPlan to address the issue of 1.4.1 protection of character housing and streetscapes • Implement controls to protect visual amenity and urban form. 1.4.5

2. Commence Integrated Local Area Plans (ILAP’s) 1.1.4 & 5%
• White Rock – Edmonton District 1.4.3 & • CBD – North Cairns District 1.7.1 • Smithfield – Barron District • Redlynch Valley

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3. Commence Cairns Style Manual June 2005 5%
• Tropical design, energy efficiency, 1.4.6 character and amenity.

4. Commence Open Space Strategy and June 2005 5%
Review of Local Area Open Space 1.2.1 Management Plan and land valuations (link to PIP)

5. Commence Community Infrastructure Plan 1.2.2 June 2005 5%
(link to PIP) 6. Web based community profile 1.3.3 June 2005 100%
7. Conduct Community engagement forums June 2005 100%
• Map community and cultural values 1.1.1 • Link to community profile and ILAP’s

8. Commence Research and Response into 1.3.1 June 2005 5%
changing demographic profile

9. Research and response into decline in 1.3.2 & June 2005 100%
sugar industry and land use and social 1.5.3 impacts.

10. Cairns Central Swamp Management Plan 4.1.4 June 2005 100%
11. Continue to affiliate and promote Land for 4.1.4 June 2005 100%
Wildlife 12. Hold annual planning forums / workshops 1.1.3 & 1.2.3 June 2005 100%
with agencies, specifically look to ensure the timely provision of the following: schools, health facilities, police and justice facilities, road and transport infrastructure. 13. Facilitate a meeting with State Government 1.5.1 June 2005 100%
Departments, Sugar Mills and Council. 14. Report to Council on the additional work 4.1.2 March 100%
required in relation to the FNQ NRM Ltd 2005 Natural Resources Strategy for the Wet Tropics.

* Variance Report for Initiatives not on target:

• The ILAP process has commenced, however these projects will be undertaken in the next financial year. • The PIP process has commenced, however this project will be completed within the next financial year. • The community engagement forums will be linked to the ILAPs, and will be undertaken in an ongoing manner during the next 18 months. • Research and Response into the changing demographic profile has been undertaken as part of the sugar industry project and will also be undertaken as part of the PIP and ILAP projects, primarily in the next financial year. This is also seen as an ongoing part of the Strategic Planning process. • Affiliation and promotion of the land for wildlife project is an ongoing activity that officers do as part of daily activities. Due to work loads, and competing priorities, there is not an active Affiliation and Promotion project within the Branch.

* Prospective Actions for Initiatives not on target:

• Work on ILAPs and the PIP will continue, however these projects will carry into the next financial year. • The community engagement forums and research and response into the changing demographic profile, will also continue into the next financial year. These are considered to be part of regular branch activities, and do not require operational reporting. • Affiliation and promotion of land for wildlife will continue to be undertaken during daily Branch activities, however there is no plan to focus on this as project.

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SUB PROGRAM Environmental Assessment [CG]

ACTIVITY: Environmental Assessment – General Administration [CGC]

Aim To provide a comprehensive and timely administrative support to the Branch and to respond in a professional manner with matters raised by ratepayers and customers.

Level of Service • Maintain accurate property based records. • Respond to resident’s requests within five (5) working days. • Process Licensing and Registration applications within quality assured procedures and within twenty (20) works days of receipt.

Officer Responsible Manager Environmental Assessment

Operating Budget Assessment:

YTD YTD Var ($) Var (%) Variance Report & Prospective Actual ($) Budget Actions Revised (where variance is +/- 2%) ($) Revenue 0 0 0 0 • N/A.

Expenditure 198,252 214,810 16,558 8 • FAVOURABLE • Reasons: N/A • Implications / Actions : N/A.

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ACTIVITY: Building Services [CGA]

Aim To provide building regulatory services to met State and Local legislative requirements.

Level of Service • Ensure compliance of building work with Local Laws and State legislation. • Maintain records of all building work. • Domestic and minor commercial certification to the requirements of the Integrated Planning Act; the Building Act and other relevant legislation.

Officer Responsible Manager Environmental Assessment

Operating Initiative Status Corporate Due Date Complete On Target (enter %) Plan Link Yes No * (enter √) (enter X) 1. Develop in partnership with City 1.4.7 June 2005 100%


Assessment a program to educate Developers, Builders and Public so as to facilitate a mix of Good Quality, Affordable and Energy Efficient Housing types 2. Undertake Audit of Pool Fencing 6.3.3 Dec 2004 100%

* Variance Report for Initiatives not on target:

Nil

* Prospective Actions for Initiatives not on target:

Pool Fencing Audit Stage 1 completed. Stage 2 of process subject to Report to Council.

Performance Target Assessment (


= Satisfactory, ? = Marginal, X = Unsatisfactory)

Performance Rating: Building Regulation Applications - Approved


500

400 Variance Report

300 Reflects activity in 200 Building Industry.

100 No No of Approvals 0 Prospective Actions Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Month N/A Dwelling (85) Other (217) Commercial (6) 2003/2004 Total

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Performance Rating: Building Searches


100 (monitor against previous year stats) 90 Variance Report 80 70 Reflects activity in Real Estate Sales. 60 50 40 Prospective Actions Number of Searches 30 20 N/A 10 0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Month Building Permit (23) Original Date & Cost (31) Swimming Pool Compliance (3) 2003/2004

Performance Rating: Building Requests (monitor against previous year stats)


70 60 Variance Report 50 40 Reflects activity in Building Industry 30 20 10 Number of Requests 0 Prospective Actions Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun N/A Month Building Plan (48) Certificate of Classification (13) 2003/2004

Performance Rating: Building Complaints (monitor against previous year stats)


100 Variance Report 80 Compares with 03/04

60

40 Prospective Actions 20 Number of Complaints N/A

0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Month 2004/2005 (19) 2003/2004

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Performance Rating: Building Applications

(monitor against previous year stats)


90 Variance Report 80 70 60 Reflects building 50 activity 40 30 Number of Applications 20 10 Prospective Actions 0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun N/A Month Siting (60) Asthetics & Amenity (9) 2003/2004

Operating Budget Assessment:

YTD YTD Var ($) Var (%) Variance Report & Prospective Actual ($) Budget Actions Revised (where variance is +/- 2%) ($) Revenue 740,437 673,495 66,942 10 • FAVOURABLE • Reasons: Increase in building activity, increases application fees received • Implications / Actions : N/A

Expenditure 416,661 417,249 588 0 • FAVOURABLE • Reasons: N/A • Implications / Actions : N/A

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Preliminary Decision Notice 13 Month Summary

$ Private Certification Estimated Building Costs - All of City $ CCC Certification

$140,000,000

$120,000,000

$100,000,000

$80,000,000

$60,000,000

$40,000,000

$20,000,000

$0 Jul-2004 Jun-2004 Oct-2004 Jan-2005 Jun-2005 Feb-2005 Mar-2005 Apr-2005 Sep-2004 Nov-2004 Dec-2004 Aug-2004 May-2005 $ CCC Certification - $ Private Certification

# Private Certification No of Applications # CCC Certification

450 400 350 300 250 200 150 100 50 0 Jul-2004 Jun-2005 Jun-2004 Oct-2004 Jan-2005 Feb-2005 Mar-2005 Apr-2005 Sep-2004 Nov-2004 Dec-2004 May-2005 Aug-2004 # CCC Certification - # Private Certification

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$ Private Certification Estimated Building Cost - per Division for Month $ CCC Certification

$12,000,000

$10,000,000

$8,000,000

$6,000,000

$4,000,000

$2,000,000

$0 Division 01 Division 02 Division 03 Division 04 Division 05 Division 06 Division 07 Division 08 Division 09 Division 10 Division 11 Division 12 Division $ CCC Certification - $ Private Certification

# Private Certification No of Applications - per Division for Month # CCC Certification

60

50

40

30

20

10

0 Division 01 Division 02 Division 03 Division 04 Division 05 Division 06 Division 07 Division 08 Division 09 Division 10 Division 11 Division 12 Division # CCC Certification - # Private Certification

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Preliminary Decision Notice - by Division - FY 04/05 to end of month June 2005

Estimated Building Cost $ Private Certification $ CCC Certification

$160,000,000

$140,000,000

$120,000,000

$100,000,000

$80,000,000

$60,000,000

$40,000,000

$20,000,000

$0 Division 00 Division 01 Division 02 Division 03 Division 04 Division 05 Division 06 Division 07 Division 08 Division 09 Division 10 Division 11 Division 12 Division $ CCC Certification - $ Private Certification

No of Applications # Private Certification # CCC Certification

700

600

500

400

300

200

100

0 Division 00 Division 01 Division 02 Division 03 Division 04 Division 05 Division 06 Division 07 Division 08 Division 09 Division 10 Division 11 Division 12 Division # CCC Certification - # Private Certification

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ACTIVITY: Environmental Protection Unit [CGE]

Aim To ensure that Council’s responsibilities are fulfilled for devolved activities under the Environmental Protection Act 1994 and the Environmental Protection (Water) Policy. Level of Service • Administer devolved Environmentally Relevant Activities (ERA’s) in accordance with standard operating procedures. • Administer the Environment Protection Policy (Water) in accordance with Memorandum of Understanding with the Environmental Protection Agency (EPA). • Provide advice and direction to external clients in order to achieve compliance with environmental licences. • Continue the Unlicensed Premises Inspection Program and the Environmental Authority Compliance Inspection Program. • Achieve 100% compliance with EPA reporting requirements. • Assess complaints of an environmentally sensitive nature and action within legislative time frames.

Officer Responsible Manager Environmental Assessment

Operating Initiative Status Corporate Due Date Complete On Target (enter %) Plan Link Yes No * (enter √) (enter X) 1. Display principles of Corporate 4.4.1 June 2005 100%


Environmental Policy in day-to-day operations 2. Conduct initial audit of unlicensed devolved 10.2.2 June 2005 100%


ERA’s and implement corrective actions 3. Develop a State of the Environment Report 4.4.3 June 2005 100%


4. Develop scheduled Flammable and 10.2.2 June 2005 50%


Combustible inspection and electronic licensing system *5. Report to Council on benchmarking with 4.4.2 * * other Local Governments to improve our environmental system

* Variance Report for Initiatives not on target:

Electronic licensing system has been developed and currently auditing all licensed facilities to ensure compliance as well as validation of data.

* Prospective Actions for Initiatives not on target:

Nil

• Note: Item 5 will not proceed any further; this matter has been taken over by partnership EPA which is in the process of being established.

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Performance Target Assessment (


= Satisfactory, ? = Marginal, X = Unsatisfactory)

Performance Rating: Development Approval's and Personal Licences issued for the operation of an Environmentally Relevant Activity


Variance Report 10 Compares favourably with 2003/2004 ERA’s 5 Number Issued 0 Prospective Actions July Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Month N/A

2004/2005 2003/2004

Performance Rating: Identification of Unlicensed Environmentally Relevant

10 Activities

8 Variance Report

6 Reflects Council’s 4 Inspection Program

No No Identified 2

0 Prospective Actions Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Month Ongoing

2004/2005 2003/2004

Performance Rating: Inspections conducted in accordance with the Environmantal Protection (Water) Policy 1997


300 Variance Report 250 59 200 67 Decrease in staffing 73 150 37 level for this month 37 44 57 69 34 100 34

Number of 21 175 Inspections 155 132 19 50 127 112 120 110 74 86 82 83 59 0 Prospective Actions Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Month N/A

Penalty Infringement Notices - EPP (Water) Warnings Issued Inspections 2003/2004

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Other Activities carried out by Environmental Protection Officers

• Environmental Awareness Program delivered to one Primary School and TAFE College students.

Operating Budget Assessment:

YTD YTD Var ($) Var (%) Variance Report & Prospective Actual ($) Budget Actions Revised (where variance is +/- 2%) ($) Revenue 165,110 177,365 -12,255 -7 • UNFAVOURABLE • Reasons: Decrease in business activity • Implications / Actions : N/A

Expenditure 216,155 226,935 10,781 5 • FAVOURABLE • Reasons: N/A • Implications / Actions : N/A

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ACTIVITY: Health Licences [CGG]

Aim To provide regulatory and educative services for Council’s public health responsibilities under State legislation and Council’s local laws.

Level of Service • Undertake licensing and inspections of all health related premises and other public health related premises (Food Premises, Accommodation/Hostel, Personal Appearance Services). • Provide an effective inspection program as identified by the level of risk. • Respond to complaints received.

Officer Responsible Manager Environmental Assessment

Operating Initiative Status Corporate Due Date Complete On Target (enter %) Plan Link Yes No * (enter √) (enter X) 1. Develop and deploy a Risk Classification 6.3.3 June 2005 100%


Program for registered premises 2. Identify unregistered premises and 6.3.3 June 2005 100%


implement corrective action 3. Engage additional Environmental Health 6.3.3 Sept 2004 100%


Officers to meet Councils ongoing obligations under the Food Regulations 4. Educational Program for Schools and Public 6.3.2 Sept 2005 48%

* Variance Report for Initiatives not on target:

Nil

* Prospective Actions for Initiatives not on target:

Nil

Performance Target Assessment (


= Satisfactory, ? = Marginal, X = Unsatisfactory)

Performance Rating: Percentage of Registered Premises Inspected


120 Variance Report 100 N/A 80 60 40 Inspections Percentage of Percentage 20 Prospective Actions 0 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Ongoing inspection Month program Cumulative % Inspections 04/05 (100%) Cumulative Number of Inspections 04/05 Target for 04/05 100% Cumulative % Inspections 03/04

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Performance Rating: Premises identified as Registered as a % of total premises


104 100 96 99 99 100 91 92 94 Variance Report 87 78 80 N/A

60 47

Cumulative 40 Prospective Actions 20 Percentage Registered - Registered Percentage 8 N/A 0 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Month

Cumulative % Premises Registered Target 04/05 = 90% Registration Cumulative % 03/04

NOTE: Flat numbers excluded from ‘total premises’, as flat registrations will be dealt with as a separate project

Courses /Training/ Meetings attended by Environmental Health Officers • Staff Team Meetings • Workplace Health & Safety Toolbox talks • Blue Card Construction Site Induction

• Recruitment and Selection Training Catastrophic Disaster Event – Disaster Co-ordination exercise • Riskwatch Meeting • Easymaps Advanced Training

Other Activities carried out by Environmental Health Officers • Further work on Supervisor Development Training projects • Continuing work on Share Accommodation/Hostel premises • Involvement with Language Link Programme • Preliminary work in readiness for posting of invoices related to Health Register • Preparation of information letter re Infection Control Training For higher Risk Personal Appearances Services providers • Involvement with mosquito light trapping in Bramston Beach area • Budget Accommodation tracking audit • Involvement with Bed and Breakfast premises survey • Regular inspections of Rusty’s Markets • Preparations for Cairns Show display

Prospective Actions

• Nil

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Operating Budget Assessment:

YTD YTD Var ($) Var (%) Variance Report & Prospective Actual ($) Budget Actions Revised (where variance is +/- 2%) ($) Revenue 515,635 478,508 37,127 8 • FAVOURABLE • Reasons: Renewal payments exceeding this time last year. • Implications / Actions : N/A

Expenditure 661,352 719,811 58,459 8 • FAVOURABLE • Reasons: Vacant EHO position. • Implications / Actions: N/A

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ACTIVITY: Vector Control [CGI]

Aim To deliver a program of Vector Control that reduces the prevalence of the mosquito and midge in a cost effective manner.

Level of Service • Provide service to delivery effective methods to reduce vector incidences. • Provide Pest Control on Council properties and information to the public.

Officer Responsible Manager Environmental Assessment

Operating Initiative Status Corporate Due Date Complete On Target (enter %) Plan Link Yes No * (enter √) (enter X) 1. Implement a program for Vector Control 6.3.5 Sept 2005 50%


measures for development in vector areas.

* Variance Report for Initiatives not on target:

Nil

* Prospective Actions for Initiatives not on target:

Nil.

Performance Target Assessment (


= Satisfactory, ? = Marginal, X = Unsatisfactory)

Mosquito Control Performance Rating:

• Routine fogging and larvaciding has been conducted throughout Cairns.

Mosquito Monitoring Variance Report • Mosquito light trapping was conducted at a number of locations throughout Cairns this month N/A

Predatory Fish Breeding Program (Eastern Rainbow)

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• The fish breeding facilities are currently under retrofit works as part of an upgrade to the Prospective Actions facility Ongoing public Dengue Fever education

• 1 Suspected case of Dengue Fever was actioned this month. 61 premises at Edmonton were inspected.

Inspection Program/Mosquito Complaints

• 64 premises inspected at Bramston Beach.

Education

• Customer service training for 2 groups on Mosquito/Midge information. Assistance for rate payers.

Mosquito/Midge Complaints 160 140 120 100 80 60 56 45 46 40 35 38

Numberof 34 34 Complaints 20 25 20 19 20 10 0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Month 04/05 Midge (3) 03/04 Midge 04/05 Mosquito(20) 03/04 Mosquito

Operating Budget Assessment:

YTD YTD Var ($) Var (%) Variance Report & Prospective Actual ($) Budget Actions Revised (where variance is +/- 2%) ($) Revenue 355 355 0 0 • N/A.

Expenditure 416,116 507,410 91,295 18 • FAVOURABLE • Reasons: Unfilled position, chemical usage down • Implications / Actions : N/A

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ACTIVITY: Animal Management [CGK]

Aim To ensure that animals are controlled so as not to create a public nuisance while at the same time promoting responsible pet ownership.

Level of Service • Dog registration. • Response to dog and cat complaints. • Dog Impoundments. • Cat Impoundments • Provide an education program to schools and community groups.

Officer Responsible Manager Environmental Assessment

Operating Initiative Status Corporate Due Date Complete On Target (enter %) Plan Link Yes No * (enter √) (enter X) 1. Review permitting arrangements for 8.4.1 June 2005 100%


pensioners and special groups and report to Council

* Variance Report for Initiatives not on target:

Nil

* Prospective Actions for Initiatives not on target:

Nil

Performance Target Assessment (


= Satisfactory, ? = Marginal, X = Unsatisfactory)

Performance Rating: Number of Dogs Registered 20000


18000 16000 Variance Report 14000 12000 Due to clear and 10000 purge of system for 8000 end year processing 6000 Registrations renewals. 4000 2000 Prospective Actions 0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun N/A Month

04/05 Cumulative (17086) 03/04 Cumulative Total

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Performance Rating: Number of Dog and Cat Complaints per Month


700 Variance Report 600 500 400 An increase in public 300 awareness to the 200 accessibility to the Number of Complaints 100 Animal Management 0 Unit. Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Prospective Actions

Month Patrol Program implementation. 2004/05 2003/04

Performance Rating: Number of REGISTERED / UNREGISTERED dogs impounded 120


100 Variance Report 80 60 Dog patrol to increase public awareness of 40 responsible dog 20 ownership Numberof Dogs 0 Prospective Actions Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Month Ongoing 2004/2005 Registered (36) 2004/2005 Unregistered (42) 2003/2004 Registered 2003/2004 Unregistered

Performance Rating: Public Education Program


30 Variance Report 25 20 School visits began 15 again only in May. 10 5 Number of Visits 0 Prospective Actions Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Month Ongoing public education program to Cumulative Visits - Public or Schools Cumulative Target for 04/05 begin further into the school year.

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Registration and Release Details June YTD Number of dogs registered 181 17677 Number of impounded dogs 128 990 Number of impounded cats 19 96 Number of Animal Control related complaints received & actioned 612 5436 Number of dogs not wearing tags 73 644 Number of dogs wearing tags 74 343 Number of dogs returned to their owner 86 586 Number of dogs euthanaised 26 165 Number of cats euthanaised 27 263 Number of dogs surrendered to a refuge 8 146 Number of dogs still in the pound 8 104 Number of cats still in the pound 0 6 Number of dogs seized under destruction orders 0 0 Number of dangerous dog orders issued 0 16 Number of Infringements issued 18 158 Number of Restricted Dog Applications 0 0 Number of Restricted Dog Permits issued 1 8

Dogs/Cats Impounded by No. YTD Dogs/Cats Impounded by No. YTD Suburb Suburb Aloomba 0 1 Kewarra Beach 3 24 Babinda 1 7 Machans Beach 2 9 Bayview Heights 3 23 Manoora 14 60 Bentley Park 5 48 Manunda 6 45 Bramston Beach 0 2 Mooroobool 5 48 Brinsmead 2 31 Mount Sheridan 3 40 Bungalow 3 25 Palm Cove 3 5 Cairns City 5 41 Parramatta Park 2 28 Cairns North 2 23 Portsmith 2 14 Caravonica 4 20 Redlynch 9 38 Clifton Beach 0 6 Smithfield 3 28 Earlville 8 27 Stratford 0 5 East Trinity 1 2 Trinity Beach 4 25 Edge Hill 3 30 Trinity Park 2 10 Edmonton 12 83 Westcourt 3 52 Freshwater 1 12 White Rock 5 38 Glen Boughton 0 1 Whitfield 3 35 Goldsborough 1 6 Woree 4 42 Gordonvale 5 40 Yorkeys Knob 0 10 Holloways Beach 3 30 Miriwinni 0 1 Kamerunga 0 7 Green Hill 1 2 Kanimbla 3 14 Aeroglen 0 1 Fishery Falls 0 1 Packers Camp 0 1 Wrights Creek 2 2 East Russell 1 1 Little Mulgrave 1 1 Mount Peter 3 3

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Operating Budget Assessment:

YTD YTD Var ($) Var (%) Variance Report & Prospective Actual ($) Budget Actions Revised (where variance is +/- 2%) ($) Revenue 677,297 567,949 109,348 19 • FAVOURABLE • Reasons: Extra revenue received due to the dog audit and the increase in registrations. • Implications / Actions : N/A Expenditure 649,113 729,755 80,641 11 • FAVOURABLE • Reasons: Vacant position. • Implications / Actions : N/A

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ACTIVITY: Local Laws Enforcement [CGM]

Aim To ensure regulation of Council’s Local Laws and relevant legislation and further maintain compliance relating to developments with Council’s Planning Approval.

Level of Service • Ensure all sectors of the Community comply with Council’s Local Laws, Planning Scheme and relevant legislation. • Process and regulate applications submitted in relation to Council’s Local Laws and inspect for compliance regarding permit conditions.

Officer Responsible Manager Environmental Assessment

Operating Initiative Status Corporate Due Date Complete On Target (enter %) Plan Link Yes No * (enter √) (enter X) 1. Additional staff to be engaged 6.3.3 June 2005 95%

* Variance Report for Initiatives not on target:

Vacant staff position currently in the advertising stage, to close early July

* Prospective Actions for Initiatives not on target:

Nil

Performance Target Assessment (


= Satisfactory, ? = Marginal, X = Unsatisfactory)

Performance Rating: Local Laws Permits Issued (excluding Outdoor Dining)


300 250 Variance Report

200 N/A 150 112 97 81 91 80 Number 100 57 34 50 19 21 19 19 28 0 Prospective Actions Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun N/A Month 2004/2005 2003/2004

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Performance Rating: Outdoor Dining Permits Issued


60 54 Variance Report 50 N/A 40 35 30 19 Number 20 12 Prospective Actions

10 6 6 4 1 2 1 0 0 N/A 0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Month

2004/2005 2003/2004

Performance Rating: New Complaints / Requests


450 Variance Report 400 Overgrown complaints 350 increase with seasonal 300 changes. 250 200 Number 150 100 50 0 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Prospective Actions Month Ongoing Planning (26) Local Laws (245) 2003/2004 Totals

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Performance Rating: Local Laws Inspections


1000 Variance Report 800 N/A 600

400 Number

200 Prospective Actions

0 N/A Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Month

Other (146) Local Law 22 (39) Illegal Camping (2) Total Inspection 2003/2004

Performance Rating: New Local Laws Approvals - Applications


100% 6 2 6 4 5 3 8 3 3 3 Variance Report 18 80% 4 8 8 8 N/A 60% 70 2 60 132 73 35 32 12 Number 40% 16 58 6 12 12 20%

12 2 2 2 1 0% 1 3 2 21 1 0 0 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Prospective Actions Outdoor Dining NEW Outdoor Dining RENEWALS Portable Advertising Advertising Signage N/A

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Operating Budget Assessment:

YTD YTD Var ($) Var (%) Variance Report & Prospective Actual ($) Budget Actions Revised (where variance is +/- 2%) ($) Revenue 363,160 371,326 -8,166 -2 • UNFAVOURABLE • Reasons: Decrease in activity • Implications / Actions : N/A

Expenditure 523,491 562,396 38,905 7 • FAVOURABLE • Reasons: Vacant position • Implications / Actions : N/A

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PLANNING & ENVIRONMENT COMMITTEE 19 14 JULY 2005

COMCOMPENSATIONPENSATION CLAIMS & AAPPEALSPPEALS ––– JUNE 2005

Neil Beck: 1/59/2-01 : #536015 V35

RECOMMENDATION:

That the report on the Compensation Claims & Appeals for June 2005 be received and noted.

New text is shown in bold.

Neil Beck Acting Manager City Assessment

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CAIRNS CITY COUNCIL APPEALS / OTHER MATTERS MACDONNELLS LIST AS AT 4/7/2005 Description Applicant Comment Solicitor Appeal No. 31 of 1997 WER Developments Pty Ltd Catalano Road, Goldsborough. MacDonnells The matter has been listed for consent order on 18 May 2005. The parties are negotiating the terms of the order. Hearing of consent order on 18 May 2005 adjourned to a date to be fixed due to Applicant not being in a position to proceed. Applicant intending to make minor change to application . Supreme Court No. 154 of 1998 Cairns Earthmoving Contractors Pty The parties held a without prejudice meeting on MacDonnells Ltd 15/4/05. Agreed that parties' engineers will meet and discuss points of difference. Parties engineers have met and had preliminary discussion which has resulted in a joint request for further study to be undertaken. MacDonnells to meet with Peter Tabulo to discuss this development. Connell Wagner has now been joined as third party. Council's insurers have been kept informed. Peter Tabulo, MacDonnells and Pat Flanagan met to discuss matter. Agreed that the parties are philosophically poles apart in the appropriate means by which the methodology for contributions should be calculated. MacDonnells have written to Council with recommendation to seek opinion from Senior Counsel.

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Supreme Court No. 77 of 1999 Vamgold Pty Ltd The parties held a without prejudice meeting on 15 MacDonnells April 2005. Agreed that parties' engineers will meet and discuss points of difference. Parties engineers have met and had preliminary discussion which has resulted in a joint request for further study to be undertaken. MacDonnells to meet with Peter Tabulo to discuss this development. Peter Tabulo, MacDonnells and Pat Flanagan met to discuss matter. Agreed that the parties are philosophically poles apart in the appropriate means by which the methodology for contributions should be calculated. MacDonnells have written to Council with recommendation to seek opinion from Senior Counsel.

Supreme Court Appeal No. 26 of Middin Pty Ltd Action by Council for specific performance of a MacDonnells 2000 contract and counterclaim against Council for declaration that the contract is void and/or damages for breach of contract. On 18 February 2005, Council officers and MacDonnells solicitors met with Vince Oberdan and his solicitor to discuss settlement terms. Negotiations between Council and Middin are continuing with a view to resolving the dispute and entering into a new deed to provide for the staged transfer of land. Negotiations between Council and Middin are continuing with a view to resolving the dispute and entering into a new deed to provide for the staged transfer of land. Negotiations with Middin are continuing. Currently, Middin have to respond to Council on issues relating to land tenure and parkland contribution.

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Appeal No. 406 of 2003 Deutsche Asset Management (Aus) Land situated at Mt. Milman Drive, Smithfield. MacDonnells Ltd Submitter appeal against Co-respondent’s Solicitors application for preliminary approval for a MCU of land. Waiting on other parties to continue without prejudice discussions. Matter adjourned to next callover.

Appeal No. 410 of 2003 The Salvation Army Land situated at 52-58 Swallow St, Mooroobool. MacDonnells Appeal against conditions of approval of Solicitors application for a MCU. Appellant's solicitors advised Appellant no longer wishes to proceed with development and will be withdrawing its appeal. Parties have agreed that each party will bear their own costs. Appellant has still not withdrawn appeal. MacDonnells have requested confirmation of withdrawal.

Appeal No. 2222 of 2003 Peter Thomas Burke Land situated on the Captain Cook Highway, MacDonnells Smithfield. Appeal against refusal of CCC, under direction of DMR to grant a preliminary approval for a reconf. & MCU for commercial purposes. Notice of Appeal filed 3/6/03. On 13/5/04, the Appellant’s solicitors advised that the Appellant is currently negotiating with DMR regarding traffic arrangements for the development. Appellant does not intend to progress the appeal whilst negotiations are ongoing.

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Appeal No. 224 of 2004 The TOMA Group Pty Ltd Notice of Appeal filed on 17/5/04. Land situated at MacDonnells Isabella Rd, Edmonton. Appeal against Council’s refusal (in part) of an application for Development Permit for a MCU. Refusal related to that part of the application seeking use rights for the Commercial zone. MacDonnells filed Entry of Appearance on 25/5/04. McKays Solicitors filed Notice of Election to Co-Respond for Sugarworld P/L on 28/5/04. Matter adjourned to next callover. Appeal No. 513 of 2004 Cairns Development Company Pty Ltd The Appellant is appealing against an MacDonnells Enforcement Notice issued on 29/11/04 in respect to operational works. The subject land is described as Lot 11 on RP808997, located at Terminalia St, Redlynch. The Appellant enquired with MacDonnells on 30/5/05 as to whether Council is satisfied with the Appellant's rectification works, & whether the Court proceedings may be finalised on the basis that they be discontinued with each party bearing its own costs. MacDonnells are currently awaiting Council's instructions. Matter adjourned to next callover. Meeting with all relevant Council Officers & Pi cha Djohan recently occurred. MacDonnells have now been provided with all necessary material and will provide an opinion as to prospects and options. Appeal No. 17 of 2005 Colin Watson Investments No. 3 Pty The appellant is appealing against Council’s MacDonnells Ltd decision to refuse the appellant’s application for MCU – Use Rights for Residential 1 Zone in respect of land located at an unnamed road in Redlynch (Lot 2 on RP707534). Matter adjourned to allow for negotiations regarding alternative access for development. MacDonnells to negotiate with Appellant's solicitors about likely timetable for in depth discussions.

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Appeal No. 132 of 2005 Vika Susan Bull and John Grenfel The Appellant is appealing against Council's MacDonnells Watson refusal of a development application for (State of Queensland is Co- reconfiguring a lot on land situated at 5 Collins Respondent) Avenue, Edge Hill (Lot 399 on NR6886, parish of Cairns). MacDonnells filed Entry of Appearance on behalf of Council on 8 June 2005.

Appeal No. 154 of 2005 Colin Watson No. 3 Pty Ltd. The Appellant is appealing against the Council's MacDonnells refusal of an application for Material Change of Use - Use Rights Generally in respect of land located at Freshwater Valley, South Brinsmead described as Lot 2 on RP 707534, Part of Lot 753 on NR 5991, part of Lot 3 on RP 703130, part of Lot 2 on RP 730853, Part of Lot 38 on USL 20926 and part of Lot 56 on NR 351, County of Nares, Parish of Cairns. MacDonnells filed Entry of Appearance on behalf of Council on 4/7/2005.

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PLANNING & ENVIRONMENT COMMITTEE 20 14 JULY 2005

PROPOSED PERMANENT ROAD CLOSURE IN STRATA OVER AN AREA OF ROAD (ESPLANADE, CAIRNS CITY) ADJOINING LOT 2 ON RP702098 (65 ESPLANADE, CAIRNS), APPLICANT: P&G INTERNATIONAL PTY LTD – DIV. 6

Kerrie Pickering : 19/3/3-56: #944680

RECOMMENDATION:

That Council advise Natural Resources and Mines, that it has no objection to the application made by P&G International Pty Ltd, for the proposed permanent road closure (in strata) of part of the road adjoining Lot 2 on RP702098, Esplanade, Cairns City, subject to:

• The area subject of closure being dealt with by way of a Term Lease in Strata with all costs associated with the lease to be borne by the applicant; • Any development and use of the air space is in accordance with the requirements of CairnsPlan, FNQROC Development Manual, Standard Building Regulations, Council’s General Policies and Local Laws; • The construction and use of the veranda, not obstructing or impeding the use of the subject road by both pedestrian and vehicular movement; • The construction and use of the veranda, not obstructing or impeding the operations of Council’s security cameras; • The Lessee indemnifying Council against any claim for damages or injury, which may occur as a result of the structure being erected over the footpath. Such indemnity is to be provided prior to the issue of the Term Lease in Strata, and in a form which is to be to the satisfaction of Council’s Chief Executive Officer; • Should the Lease be cancelled or the structure demolished then the area of closure (in strata) is to be re-opened as road; • The development having a 1 metre setback from the face of the kerb; • The applicant demonstrating to Council that the required off-street parking can be provided or alternatively, provide the applicable monetary contributions in lieu of parking prior to the commencement of building works; • The proposed design of the veranda taking the following into consideration: o Be one storey (i.e. 1 level above ground level only) and may have a roof. Where the structure is roofed, no trafficable access to the roofed area is permissible (i.e. as veranda or for landscaping); o Be designed and constructed to contribute to the vibrancy, vitality and interest of the City’s streetscapes and enhance the traditional façade details of the area’s character;

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o The veranda must not dominate the streetscape; o The area being open on at least 3 sides and not include windows, walls or louvers (i.e. open sides include the street frontage); and o Be of a tropical character and design. • The development being at no cost to Council.

INTRODUCTION:

Natural Resources and Mines is seeking Council’s views and/or requirements in regard to an application by P&G International Pty Ltd for a permanent road closure (in strata) of part of the road adjoining Lot 2 on RP702098 (65 Esplanade, Cairns City).

The applicant has advised that the area will be used to extend the first storey for a distance of about 9.35 metres of the existing building. The area will be used as an elevated external dining area at Mangostin’s Restaurant.

BACKGROUND:

The subject site currently consists of a restaurant (Mangostin’s) and ground floor outdoor dining.

COMMENT:

Infrastructure Management Council should consider the impact the proposed structure may have on the efficient operation of Council’s security cameras. The applicant should contact Council’s Precincts and Facilities branch prior to construction to ensure that the security camera’s vision is not obstructed.

City Assessment Under CairnsPlan the subject area forms part of the road reserve and the adjoining land is included in the City Centre Planning Area within the CBD – North Cairns Planning District. The Esplanade is classified as a Collector Road under the Road Hierarchy Overlay.

In view of the fact that the subject area is not at ground level and does not impede pedestrian or vehicle movement, City Assessment has no objection to the proposed permanent road closure in strata.

Development of an outdoor dining area will however, require a setback of 1 metre from the face of the kerb. The intended use of the area will also generate the need for additional off-street car parking at 1 space per 50m2 of net lettable area. It will be necessary for the applicant/developer to demonstrate that the required amount of off- street parking can be provided, or to provide the applicable monetary contribution in lieu of parking, prior to the commencement of building works.

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Planning Strategies Planning Strategies supports the road closure application. Any development on the site must comply with CairnsPlan and any relevant General Policies.

The proposed design of the veranda must take the following into consideration:

• Be one storey (i.e. 1 level above ground level only) and may have a roof. Where the structure is roofed, no trafficable access to the roofed area is permissible (i.e. as veranda or for landscaping); • Be designed and constructed to contribute to the vibrancy, vitality and interest of the City’s streetscapes and enhance the traditional façade details of the areas character; • The veranda must not dominate the streetscape; • The area being open on at least 3 sides and not include windows, walls or louvers (i.e. open sides to be on the street frontage); and • Be of a tropical character and design.

CONSIDERATIONS:

Corporate and Operational Plans:

Report prepared in accordance with Corporate Plan goal 1.1 – An integrated approach to planning by Council and stakeholders.

Statutory:

The Department of Natural Resources and Mines will deal with the application in accordance with the requirements of the Land Act 1994.

Policy:

This report was prepared in accordance with the draft General Policy for Structures within the Road Reserve including Sub-Division in Strata as workshopped with the Councillors on the 26 th May 2005.

All other considerations were reviewed and deemed not applicable.

CONSULTATION:

As per the Comment section of this report.

OPTIONS:

1. That Council advise Natural Resources and Mines, that it has no objection to the application made by P&G International Pty Ltd, for the proposed permanent road closure (in strata) of part of the road adjoining Lot 2 on RP702098, Esplanade, Cairns City, subject to:

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• The area subject of closure being dealt with by way of a Term Lease in Strata with all costs associated with the lease to be borne by the applicant; • Any development and use of the air space is in accordance with the requirements of CairnsPlan, FNQROC Development Manual, Standard Building Regulations, Council’s General Policies and Local Laws; • The use of the veranda, not obstructing or impeding the use of the subject road by both pedestrian and vehicular movement; • The use of the veranda, not obstructing or impeding the operations of Council’s security cameras; • The Lessee indemnifying Council against any claim for damages or injury, which may occur as a result of the structure being erected over the footpath. Such indemnity is to be provided prior to the issue of the Lease in Strata, and in a form which is to be to the satisfaction of Council’s Chief Executive Officer; • Should the Lease be cancelled or the structure demolished then the area of closure (in strata) is to be re-opened as road; • The development having a 1 metre setback from the face of the kerb; • The applicant demonstrating to Council that the required off-street parking can be provided or alternatively, provide the applicable monetary contributions in lieu of parking prior to the commencement of building works; • The proposed design of the veranda taking the following into consideration: o Be one storey (i.e. 1 level above ground level only) and may have a roof. Where the structure is roofed, no trafficable access to the roofed area is permissible (i.e. as veranda or for landscaping); o Be designed and constructed to contribute to the vibrancy, vitality and interest of the City’s streetscapes and enhance the traditional façade details of the area’s character; o The veranda must not dominate the streetscape; o The area being open on at least 3 sides and not include windows, walls or louvers (i.e. open sides include the street frontage); and o Be of a tropical character and design. • The development being at no cost to Council.

2. That Council advise Natural Resources and Mines that it objects to the proposed permanent road closure (in strata) of part of Esplanade, Cairns City adjoining Lot 2 on RP702098 (Esplanade, Cairns City), by P&G International Pty Ltd.

CONCLUSION:

That Council concur with the recommendation subject of this report.

ATTACHMENTS:

Attachment 1 – Natural Resources and Mines Plan (CNS05/002). Attachment 2 – Design concept drawing as provided by the applicant (P&G International Pty Ltd).

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Kerrie Pickering Linda Kirchner Assistant Property Officer Manager, Administration Services

Jo Anne Scarini General Manager, Corporate Services

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Attachment 1

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Attachment 2

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PLANNING & ENVIRONMENT COMMITTEE 21 14 JULY 2005

COMPETITIVE PRACTICE IN RELATION TO BUILDING CERTIFICATION ACTIVITIES

Kerry Maggs : 12/2/2-11 : #1022503

RECOMMENDATION:

1. That attached revised Council structure be adopted.

2. The changes in the structure of the Building Services Section and a subsequent amendment (as per attachment 2) to Council’s Competitive Neutrality Complaints general policy is necessary in order to comply with the Competitive Practice in the conduct of Building Certification Services. The amendment will be submitted to the next Finance and Administration Committee meeting to include the requirements of Building Certification.

INTRODUCTION:

Council is in receipt of a letter from Building Codes Queensland, The Department of Local Government, Planning, Sport & Recreation, reminding Council that the deadline to adopt the Code of Competitive Conduct is 1 st July 2005.

BACKGROUND:

Queensland’s Building Legislation was reviewed in 2002 as part of the process for implementation of National Competition Policy reforms. A Public Benefit Test (PBT) conducted at this time, identified a number of issues related to Provision of Building Certification Services by Local Governments. Of particular interest in Local Government providing building certification services in competition with the private certifiers, while at the same time undertaking regulatory functions critical to the private certification process.

The Local Government Act 1993, already contains provisions for competitive neutrality in the operation of Local Government Business including a code of competitive conduct (The Code) for business activities in competition with the private sector.

A key recommendation of the PBT report was that Council’s be required to apply the Code of Competitive Conduct to the building certification services. To apply the code Councils would need to ensure that:

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 Building Certification services and Regulatory functions, within the same Council are organisationally separate (see attachment 1);  Full cost pricing is used to determine the cost of Building Certification Services; and  A competitive neutrality complaints mechanism is in place so that any breaches of the code by Council can be investigated by an independent referee (see attachment 2).

Queensland Building Legislation was amended to adopt these recommendations.

COMMENT:

Council acknowledges the amendments to the Queensland Building legislation and the need of the Code of Competitive Conduct for business activities in competition with the private sector. Council needs to comply with the competitive practice in order to continue the service of Building Certification to the rate paying public of Cairns.

It still needs to be stated that this move is not seen as a re-introduction of a full commercial certification unit. Council does not bid, tender or advertise for any commercial building activity. Council’s role in the past number of years has been to accept applications from the public, as its traditional role has been for years.

CONSIDERATIONS:

Corporate and Operational Plans.

Corporate Plan 10.4.1 Enhance internal systems responsible for assessing and responding to Council’s performance against legislated and advisory standards.

Council’s Operation Plan will need to be amended at the next review.

STATUTORY:

To ensure compliance with both Queensland Building Legislation and the Local Government Act.

FINANCIAL:

The restructuring of Building Services from one section to another (Building Certification and Building Compliance) may see the need for additional staff, this matter will be reviewed through out the up coming year.

CONSULTATION:

This matter has been discussed in detail with senior staff of Local Government areas such as:

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Beaudesert, Caboolture, Redlands. • These councils that have sections of a similar size to determine an infrastructure that could be implemented to bring Cairns City Council Building Services into compliance with the changes to Legislation by the required date.

Consultation has also occurred with Council’s Finance Branch about the implications and changes to Policy.

OPTIONS:

1. That Council resolve to proceed with the required changes to bring Council Building Services into compliance with the legislation. Or

2. That Council resolve not to proceed with required changes.

CONCLUSION:

This report has been prepared to ensure Council is informed of the requirements to comply with the changes to legislation and the need to implement changes to Council’s structure.

Kerry Maggs Senior Building Regulation Officer

Peter Tabulo General Manager City Development

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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PLANNING & ENVIRONMENT COMMITTEE 22 14 JULY 2005

APPLICATION FOR EXEMPTION FOR SWIMMING POOL FENCING AT FITZROY ISLAND RESORT, LOT 169 NR 5153 UNNAMED ROAD, FITZROY ISLAND – DIVISION 6

Kerry Maggs : 12/2/2-11 : #1022993

PROPOSAL : APPLICATION FOR EXEMPTION UNDER SECTION 12-14 OF LOCAL LAW NO.29 – SWIMMING POOLS

APPLICANT : RAGING THUNDER

LOCATION: UNNAMED ROAD, FITZROY ISLAND

PROPERTY: LOT 169 NR 5153, PARISH OF TRINITY

DIVISION: 6

LOCALITY PLAN

Agenda – Planning & Environment Committee 14/7/05 - #1020706 238

RECOMMENDATION:

That Council refuse the application submitted by Raging Thunder for exemption on the grounds that the approval of this application would jeopardise child safety within the complex.

INTRODUCTION:

An application has been received by Council from Raging Thunder for exemption to swimming pool fencing regulations under Local Law No. 29 for property situated at Lot 169 NR 5153, Unnamed Rd, Fitzroy Island.

BACKGROUND:

Fitzroy Island is a sandy cay off the coast, but is within the Cairns City Council area. This island’s main building structures and businesses are accommodation buildings, bar, shops and is frequented by campers and day visitors. The swimming pool has no fence and can be accessed from all parts of the island.

DISCUSSION:

Schedule 2 of the Building Regulation 2003, allows for any resort on specified land to be exempt from swimming pool fencing laws. As Fitzroy Island is not on the specified land under Schedule 2, Building Regulations 2003 therefore is not a registered resort; there is no allowable exemption from the swimming pool fencing requirements.

Under Section 12 of Local Law 29, Raging Thunder may apply to the Council to approve an exemption from complying with either Section 10 (1) and 11(1) of the Local Law.

Council must consider every application for an exemption under Section 12 having regard to the following criteria: -

1. Whether it is unlikely a young child would gain access to the pool area.

The pool in question is within an area that is accessible to all facilities on the island and as such openly made available to all visitors to the island.

CONCLUSION:

It is considered that Council refuse the application for exemption for a swimming pool fence located at Fitzroy Island on the grounds of children’s accessibility to the swimming pool and the seriousness of swimming pool safety.

It is further considered, having the pool fence in accordance with regulations will not detract from the amenity of the surrounding pool area.

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The Building Act does not allow for any dispensations for pool fencing in the residential area except for the disabled.

Council’s decision regarding this application for exemption will display the seriousness of swimming pool safety. Having the pool fenced in accordance with regulations would not compromise the enjoyment of in-house guests.

Council will recall that it achieved an exemption to the Esplanade pool based on the fact that there are lifeguards on duty during operating hours and there is 24 hour security surveillance as well.

Kerry Maggs Team Leader, Building Services

Peter Tabulo General Manager, City Development

Agenda – Planning & Environment Committee 14/7/05 - #1020706