Cairns City Council Ordinary Meeting

CAIRNS CITY COUNCIL

ORDINARY MEETING

Thursday, 27 th October 2005

Commencing at 5.30pm

PRESENT: Cr M Gill, Acting Mayor Cr P Gregory Cr F Lindsay Cr J Pezzutti Cr P Freebody Cr K Plath Cr T James Cr D Ford Cr A Blake Cr M Cochrane Cr S Bonneau

APOLOGY: His Worship the Mayor, Cr K Byrne Councillor A Sheppard

OFFICERS:

D Farmer Chief Executive Officer J Scarini General Manager Corporate Services B Gardiner General Manager Cairns Water J Hawkes General Manager City Works & Services P Tabulo General Manager City Development L Kirchner Manager Administration Services N Huddy Manager Planning Strategies S Clarke Manager City Assessment T Duffy Manager Precincts & Facilities R Nargar Manager Legal Services L Molloy A/Team Leader Subdivision Services G Schofield Manager Media & Public Relations L Tillack Secretary

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APOLOGY

Council Notes the apology of Councillor Byrne and Councillor Sheppard and in accordance with Section 252 (1) (b) of the Local Government Act, Council grants leave of absence.

CONFIRMATION OF MINUTES OF ORDINARY MEETING 29/09/0529/09/05

BLAKE / FORD

That the Minutes of the Ordinary Meeting held on Thursday, 29 September 2005 be confirmed. carried

CONFIRMATION OF THE REPORT OF THE SPORTS, ARTS, CULTURE & COCOCOMMUNITYCO MMUNITY SERVICES COMMITTEE MEETING ––– 13/10/05

COCHRANE / BONNEAU

That the Minutes of the Sports, Arts, Culture and Community Services Meeting held on Thursday, 13 October 2005 be confirmed. carried

CONFIRMATION OF THE REPORT OF THE PLANNING & ENVIRONNMENTMENT COMMITTEE MEETING ––– 13/10/05

BLAKE / JAMES

That the Minutes of the Planning and Environment Committee Meeting held on Thursday, 13 October 2005 be confirmed. carried

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CONFIRMATION OF MINUTES OF SPECIAL MEETING ––– 13/10/05

PLATH / BONNEAU

That the Minutes of the Special Meeting held on Thursday, 13 October 2005 be confirmed. carried

CONSIDERATION OF REPORTS & RECOMMENDATIONS CONTAINED IN MINUTES OF FINANCE & ADMINISTRATION COMMITTEE MEETING ––– 17/10/05

BLAKE / FORD

That the reports and recommendations contained in the Minutes of the Finance and Administration Committee held on Monday, 17 October 2005 be adopted. carried

CONSIDERATION OF REPORTS & RECOMMENDATIONS CONTAINED IN MINUTES OF THE WORKS & SERVICES COMMITTEE ––– 18/10/05

JAMES / GREGORY

That the reports and recommendations contained in the Minutes of the Works and Services Committee held on Tuesday, 18 October 2005 be adopted. carried

CONSIDERATION OF REPORTS & RECOMMENDATIONS CONTAINED IN MINUTES OF CAIRNS WATER COMMITTEE ––– 181818/10/0518 /10/05

JAMES / PEZZUTTI

That the reports and recommendations contained in the Minutes of the Cairns Water Committee held on Tuesday, 18 October 2005 be adopted. carried

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OTHER AGENDA ITEMS

1.1.1. 2006 AUSTRALIA DAY AAWARDSWARDS AND CELEBRATIOCELEBRATIONSNSNSNS...... 111 Gary SchofSchofieldield : #1076745

FORD / BONNEAU

1. That Councillors Blake, Cochrane and Ford serve under chair Cr Kevin Byrne, to consider the Australia Day nominations, with support provided by Manager of Media and Public Relations, Events and Marketing Co-ordinator, and Executive Officer to the Mayor, and that the panel make recommendations to Council on all award recipients. 2. That the proposed celebrations venues for Palm Cove, Cairns, and Gordonvale be adopted. 4. That Media and Public Relations organise the central activity at the Cairns Civic Theatre, and in cooperation with the divisional councillors, and their respective community committees, for the northern and south activities. carried

2.2.2. REQUEST FOR SUPERSEDSUPERSEDEDED PLANNING SCHEME ––– COMMERCIAL PREMISES AND COMCOMMERCIALMERCIAL SERVICES ––– UNIT 500, 2 APLIN STREET, CAIRNS ––– DIVISION 6 ...... 101010 Jenny Elphinstone: 8/35/12 : #1070739

BLAKE / JAMES

A. That Council approve the request for a development application for a Commercial Premises and Commercial Services (Day Spa) as shown on Drawing Nos. 2165 SK03, Issue P dated 19/08/2005 (Level 2 Podium – Health Spa); 2165 SK02, Issue O dated 20/7/2005 (Level 1 Podium); and 2165 SK03, Issue O dated 20/7/2005 (Level 2 Podium) prepared by Ainsley Bell Murchison Architects on land described as Lot 500 on SP171167, Parish of Cairns located at Unit 500, 2 Aplin Street, Cairns City, to be assessed under the Superseded Planning Scheme being the Planning Scheme for Part of the City of Cairns.

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B. That Council exercise its discretion under Section 4.3.3(l) of the Planning Scheme for Part of the City of Cairns and accept the parking rate of a 50% for Commercial Services and require the payment of a contribution of 0.52 car space for the proposed development application 8/35/12 as detailed in Recommendation A above. 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 $10,288.47 (0.52 space). Payment of the contribution must be made prior to the commencement of the land use. carried

3.3.3. NEGOTIATED DECISION --- MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) --- MAJOR SHOPPING DEVEDEVELOPMENTLOPMENT & INDOOR ENTERTAINMENT --- CAPTAIN COOK HIGHWAHIGHWAY,Y, CLIFTON BEACH ––– DIVISION 11 ...... 212121 Jenny Elphinstone: 8/8/677: #1075022

BONNEAU / COCHRANE

That Council issue a Negotiated Decision for a Material Change of Use (Impact) for extensions to the existing Shopping Centre for use as a Major Shopping Centre over land described as Lot 3 on RP 741974, Parish of Smithfield located at Lot 3, Captain Cook Highway, Clifton Beach whereby,

1. Condition 4 is amended as follows:

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 $338,586.58 (86.0 EDCs) $33,858.66 (8.6 EDCs) for water and $317,322.19 (86.0 EDCs) $31,732.22 (8.6 EDCs) for sewerage.

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

2. All other conditions of the Decision Notice remain unchanged. carried

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4.4.4. NEGOTIATED DECISION --- RECONFIGURING A LOT (1 LOT INTO 40 RESIDENTIAL LOTS WITWITHH 2 COMMUNITY PURPOSPURPOSEE LOTS & BALANCE LOT) ––– KANIMBLA HEIGHTS ESESTATETATE STAGE 5 --- LOT 795 RAMSEY DRIVE, KANIMBKANIMBLALA ––– DIVISION 9 ...... 282828 Rohan Lee: 8/13/9058/13/905----01:01: #1079333

BLAKE / FORD

That Council resolve to approve to issue a Negotiated Decision with respect to Development Application 8/13/905 for land described as Lot 795 on SP165899, Parish of Cairns for 1 Lot into 40 Lots with 2 Community Purpose Allotments and Balance Allotment located at Ramsey Drive, Kanimbla, subject to the following conditions:

1. That Condition 1 be amended to read as follows:

The proposed Plan of Development Drawing Nos. 301106/355AB (Sheet 1 of 3), 301106/355AB (Sheet 2 of 3) and 301106/355AB (Sheet 2 3 of 3), dated 10 December 2004 and prepared by Brazier Motti Pty Ltd is approved subject to any alterations:

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

b. 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.

c. 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.

2. That Condition 13 be amended to read as follows:

The applicant/owner must arrange for the transfer to Council over the sections of creek/gully/drainage area, which are located within the subject property, as shown as proposed Lot 792 821 on the endorsed plan 30106/355B prepared by Brazier Motti Pty Ltd, Cairns, dated 10 December 2004.

The width of land to be transferred shall contain all land below the top of the high bank and a ten (10) metre minimum wide strip adjacent the top of bank on both sides the southern side of Lot 821 of the gully/creek/watercourse, or the limit of Q100 flooding, whichever is the greater. The land shall be transferred as drainage reserve in conjunction with the registration of the Plan of Survey.

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3. That Condition 24 be deleted.

4. That Condition 25 be added to read as follows:

Community Purpose Infrastructure Contributions

The applicant/owner must transfer to the Crown proposed Lot 820 for Public Use Land – Park in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 . This area of land must be to the requirements and satisfaction of the Chief Executive Officer. The land must be transferred to the Crown at the same time as registering the Plan of Survey with the Department of Natural Resources, Mines and Energy.

5. In all other regards, the conditions and advice contained in Development Permit 8/13/905 decided by Council on 30 June 2005 remain unchanged. carried

5.5.5. NEGOTIATED DECISION --- RECONFIGURING A LOLOTT (1 LOT INTO 100 LOTS & 2 COMMUNICOMMUNITYTY PURPOSE LOTS) ––– CORNER RAVIZZA DRIVE & UNNAMED ROADROAD,, EDMONTON ––– DIVISION 22...... 404040 Rohan Lee: 8/13/9418/13/941----01:01: #1038384

LINDSAY / PEZZUTTI

That Council resolve to issue a Negotiated Decision with respect to Development Application 8/13/941 for land located at Unnamed Road, Edmonton, more particularly described as Lot 3 on RP704152, Parish of Grafton, subject to the following conditions:

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

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 provision of Community Purpose Infrastructure.

This area is to be a fair average of the type of land to be reconfigured and shall be filled, graded, and drained, and all declared pest plants to be destroyed and left in a mowable condition to the requirements and satisfaction of the Chief Executive Officer. Bollards to prevent vehicle access to prevent vehicle access must also be installed as part of the physical land dedication.

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The physical provision of land must be dedicated in accordance with the approved Plan of Development, Plan 31172/003 Revision CD, dated 27 January 2005, received by Council on 3 October and prepared by Brazier Motti Pty Ltd, Cairns. The total physical land required is 5050 3680m 2,which must be exclusive of Drainage Reserve areas as required by Condition 15 16 . The total area to be dedicated as Open Space (including Lineal Park) must be 5080m 2. Park improvements must also be completed to the satisfaction of the Chief Executive Officer. in order to satisfy the remaining 3% shortfall of public open space. The park improvements must be completed prior to the approval and dating of the Plan of Survey for the first stage of the development.

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

The park areas shall be transferred to the Crown at the same time as approval and dating of the Plan of Survey.

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

The applicant/owner must undertake the following design and construction works external to the subject land:

a. Provide a full detail design and costing for the Type C Median Divided 4 Lane Road, as detailed in Council’s Traffic Management Plan for the Unnamed Road between Ravizza Drive and Walker Road. The design must allow for a 31 metre carriageway in accordance with the Draft Traffic Network Plan and must include bus layby areas.

b. The detail design in a. above must include a roundabout similar to SKM drawing CFP5011-SK-01 ‘Proposed Ravizza Drive Intersection Layout’ - Option 1 and must comply with the Road Planning and Design Manual, Chapter 14, Roundabouts Tables 14.2 and 14.3. This roundabout must be designed and constructed in full prior to the approval and signing of the Plan of Survey for the first allotment of the estate.

c. The detail design in (a) above must include suitable treatments for the intersection of the internal access with the Unnamed Road. Such treatments may include a protected right turn from the Unnamed Road to the internal access through the use of line marking and channelisation. Traffic credits will not be made available for works not in accordance with Condition 9(a) above.

d. The design must provide for a future road connection between the Unnamed Road and Robert Road and appropriate intersection treatment as detailed in Council’s Draft Transport Network Plan.

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e. Construct half of the Type C Median Divided 4 Lane Road including the intersection treatments required by Conditions 9(b) above, in accordance with Council’s Traffic Management Plan for the full frontage of the subject land between Ravizza Drive and the access road to the estate. This road must be completed prior to the approval and dating of the Survey Plan for the first allotment of the estate.

f. Connection must be made to Walker Road. The construction standard of this road and associated intersection treatments to Walker Road, is to be agreed to by the Chief Executive Officer. In order to obtain traffic credits for this work, the carriageway pavement and intersection works must be constructed in accordance with the approved detailed design required by Condition 9(a) above. The applicant must engage Council to form an agreement relating to a repayment schedule for works over and above applicable Road Network credits for the subject development.

g. Approval and dating of the Survey Plan for the last 60 allotments of the Reconfiguration of a Lot will not be undertaken by Council until a road linking Walker Road to Ravizza Drive in accordance with Condition 9(a) – 9(f) is provided and an agreement in accordance with Condition 10 is agreed upon by the applicant/owner and Council.

The above external works constitutes Operational Works. Such work must be constructed in accordance with a Development Permit for Operational Works prior to the approval and dating of the Plan of Survey unless otherwise agreed to by the Chief Executive Officer.

3. That Condition 10 be amended to read as follows:

The dedication of land for the purpose of achieving the road corridor width of 31 metres in add ition to the area detailed on proposed Plan of Development Drawing No. 31172/003 Revision C can be claimed against applicable traffic contributions in accordance with Council’s Traffic Management Plan in addition to the external works required by Condition 9 above provided the construction of the road works is in accordance with an overall design for the ultimate standard of the Type C Median Divided 4 Lane Road.

Provided the construction of the road works is in accordance with an overall design for the ultimate standard of the Type C Median Divided 4 Lane Road, External works required by Condition 9, can be claimed against applicable traffic contributions in accordance with Council’s Traffic Management Plan.

The applicant must engage Council to form an agreement relating to a repayment schedule for works over and above applicable Road Network credits for the subject development.

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The applicant/owner must obtain permission from the Chief Executive Officer for the design and construction of such works. The extent of roadworks for construction and value of developer’s contributions credit for such works must be determined by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

4. That Condition 25 be amended to read as follows:

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

a. Provision of 2.0 metre wide footpath within all streets serving more than 30 Lots.

b. A 2.0 metre wide concrete footpath be provided along the bank of Blackfellows Creek, connecting to the existing concrete footpath on Ravizza Drive and to a pedestrian underpass of the cane rail line located in Lot 10 on RP704152.

c. A 5.0 metre wide pathway with a 2.0 metre wide concrete footpath be provided between proposed lot 81 and 82.

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

e. Minimum road width must not be less than 14m;

f. Developer must demonstrate that service vehicles can manoeuvre within the culs-de-sac, in particular in the vicinity of lots 57-60 and 81, - 88 and indicate how on street parking is proposed to be managed;

g. Parking bays must be provided at the end of each T or Y head cul-de- sac and at road stubs at the rate of 0.5 parking bays per frontage lot as per 2.12 of Queensland Streets. Alternatively the cul-de-sac may be designed to provide a nine (9) metre radius cul-de-sac similar to examples in Queensland Streets; and

h. The road reserve fronting Lots 1-12 and 88-100 must be 15 metres for the entire length of the road.

An amended plan incorporating the above requirements must be submitted prior to the issue of a Development Permit for Operational Works.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

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5. That Condition 27 be included as follows:

Screen Fence

The applicant must erect a fence along the Unnamed Road frontage of the land. The fence must be constructed in accordance with the FNQROC Development Manual, prior to the approval and dating of the Plan of Survey.

6. That Condition 28 be included as follows:

Community Purpose Infrastructure Contributions

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 $35,553.30 (147.3 EPs) for Community Purpose Infrastructure. The applicant/owner must undertake park enhancement works to the value of this contribution in accordance with Condition 5 of this Negotiated Decision.

7. In all other regards, the conditions and advice contained in Development Permit 8/13/941 decided by Council on 16 June 2005 remain unchanged. carried

6.6.6. REQUEST TO CHANGE AN EXISTING APPROVAL FFOROR MATERIAL CHANGE OF USE (IMPAC(IMPACTT ASSESSMENT) ––– TOURIST RESORT --- FITZROY ISLAND ––– DIVISION 6 ...... 545454 Jenny ElphElphinstone:instone: 8/8/5448/8/544----0303 : #1080346

BLAKE / FORD

That Council resolve to issue an Amended Development Permit for a Material Change of Use (Impact Assessment) for the development of 48 Holiday Apartments (Dual Key – self contained units / Motel Suites) and 160 Bed (160 single beds or maximum 120 persons) Hostel on land described as Lot 169 on NR5153, Parish of Trinity located at Fitzroy Island whereby:

1. Condition 13 is amended as follows:

13. The height of the Holiday Apartments shall not exceed the building envelope height of 11.5 metres from natural ground to the top of the roof ridgeline measured from RL 3.4 AHD to the underside of the eaves ;

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2. All other conditions of the Decision Notice dated 20 December 2004 remain unchanged; and

3. The Environment Protection Agency, as a Concurrence Agency is forwarded a copy of the Amended Development Permit.

carried

7.7.7. REQUEST FOR A MINOR CHANGE TO AN EXISTINEXISTINGG DEVELOPMENT APPROVAL ––– 1010----1414 AMPHORA STREET, PPALMALM COVE --- DIVISION 11 ...... 626262 Jon Julian: 8/8/1508/8/150----0101 : #1#1077376077376

BONNEAU / COCHRANE

That Council approve the request for a minor change to a development approval over land described as Lot 1 on RP723541, located at 10-14 Amphora Street, Palm Cove, subject to the following:

1. Condition 6 be deleted and replaced as follows:

6. 20 carparking spaces are required to be provided for the proposed development and any increase in carparking spaces must not adversely affect the existing Melaleuca’s on the site.

6. 19 carparking spaces to be provided for the proposed development and any increase in carparking spaces must not adversely affect the existing Melaleuca’s on the site.

2. Add a new condition, as follows:

Refuse Storage

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.

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

3. All other Conditions of the Decision Notice dated 24 December 1999 remain unchanged. carried

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8.8.8. MATERIAL CHANGE OF UUSESE (IMPACT ASSESSMENASSESSMENT)T) ––– ENVIRONMENTALLY RELERELEVANTVANT ACTIVITY (ERA11(ERA11)) ––– INDUSTRY CLASS C (BITUMEN STOSTORAGERAGE FACILITY) ––– 10, 11 & 77----1111 MACONACHIE STREET, WOREE ––– DIVISION 5 ...... 696969 Luke Jackson: 8/8/7458/8/745----01010101 : #1047223

PLATH / FREEBODY

That Council approve the development application for a Material Change of Use (Impact) for Bitumen Storage Facility over land described as Lots 10 and 11 on RP899546 & Lot 113 on SP167713, Parish of Cairns located at 7, 10 and 11 Maconachie 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:

a. The approved plans, noted below, prepared by FGF Developments, with drawing numbers CO1 and CO2 dated 19 Aug 2004 and 7 October 2005 respectively and attached as Appendix 1;

Title Plan Number Date FGF Tank Location Plan & C01 19 Aug 2004 FGF Tank Site Plan FGF Developments 9-11 C02 7 October 2005 Marsh St. Cairns Q.

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 and the FNQROC Development Manual; 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.

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.

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Drainage Works

3. The subject land must be drained to the satisfaction of the Chief Executive Officer. In particular,

a. The rainwater collected by the bunded tank area is not to be discharged to the stormwater or sewer and must be collected by a licensed trade waste carrier and treated off site. Plans detailing these requirements are to be submitted to Council for approval prior to the commencement of the use.

b. Drainage infrastructure in accordance with the FNQROC Development Manual

c. The drainage system for the balance of the development must incorporate a gross pollutant trap(s) or equivalent measure(s), meeting the following Council specifications for stormwater quality improvement devices (SQID), namely:

i. End-of line stormwater quality improvement devices (SQID) shall be of a proprietary design and construction and shall carry manufacturer’s performance guarantees as to removal of foreign matter from stormwater and structural adequacy of the unit.

ii. SQIDs shall remove at least 95% of all foreign matter with a minimum dimension of 3mm and shall be configured to prevent re- injection of captured contaminants. The SQID treat all first flush runoff, which shall be defined as that volume of water equivalent to the runoff from the 3 month ARI storm event. The location of SQIDs within the drainage system shall be planned to ensure that the first flush waters from all parts of the (developed) catchment are treated.

iii. The design of the SQID shall not compromise the hydraulic performance of the overall drainage system.

iv. SQIDs shall be positioned so as to provide appropriate access for maintenance equipment.

Landscaping Plan

4. The applicant/owner must landscape the subject land at the Maconachie 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. In particular, the plan must show:

a. Landscaping of required setback areas, being a minimum 2m metre wide buffer to the Maconachie Street boundary.

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b. 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. Areas to be landscaped must be maintained at all times to the satisfaction of the Chief Executive Officer.

CONCURRENCE AGENCY CONDITIONS

Environmental Protection Unit

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

2. Personnel responsible for the carrying out of the activity must be are familiar with the conditions of this Approval as they relate to the person’s responsibilities.

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

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

An example of a substantial increase in the risk of environmental harm is an increase of 10% or more in the quantity of the contaminant to be released into the environment.

5. In carrying out the environmentally relevant activity, all reasonable and practicable measures must be taken to prevent or minimise the likelihood of environmental harm being caused.

6. Incineration or open burning must not be undertaken without the prior written approval of Cairns City Council.

7. Bitumen additives, chemicals and other volatile substances utilised at the workplace in undertaking the activity at the workplace must be stored in sealed containers to prevent the discharge of volatile organic compounds to the atmosphere.

8. Bitumen additives, chemicals, diesel, kerosene and other potential contaminants must be stored:

a. within a bunded area with a sealed floor, with the volume of the bunded area at least 110% of the largest storage tank; and

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b. in a manner that prevents leakage of the stored materials, contamination of stormwater run-off and land contamination.

9. The existence of acid sulphate soils or potential acid sulphate soils at the approved place must be identified prior to any:

a. disturbance of soil; b. lowering of associated groundwater table; and c. installation of underground storage tanks.

10 In the event acid sulphate soils or potential acid sulphate soils exist at the workplace, an Environmental Management Program must be submitted to Council which addresses:

a. the maintenance in a submerged state of any acid sulphate soils or potential acid sulphate soils; and b. the maintenance of the height of the groundwater table where such lowering would be likely to expose any acid sulphate soils or potential acid sulphate soils to aerobic conditions; and c. management of any excavated soil and associated leachate.

11. All tanks must be non-corrodible and comply with the following:

a. Tanks must be constructed wholly of non-combustible material and must be compatible with the petroleum product; or b. Tanks must be constructed of steel in compliance with an Australian industry standard accepted as best practice, and the tanks must be cathodically protected; or c. Tanks must be constructed and protected from corrosion in a manner that protects both human health and the environment.

12. The tanks and any pipework must be located in such a manner to protect against impact damage from vehicles or mobile plant.

13. All piping must be non-corrodible and must be constructed:

a. of fibre reinforced plastic which must be compatible with the petroleum product; or b. of flexible plastic which must be compatible with the product; or c. of steel and cathodically protected; or d. protected from corrosion in a manner that protects both human health and environment as in the above options.

14. Product piping between the tank and the dispenser must be one of the following systems:

a. suction product piping with a leak monitoring system; or b. suction product piping is exempt from leak monitoring if designed and installed in accordance with all of the following: i. normally operates at less than atmospheric pressure; and

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ii. allows the contents of the piping to drain back into the tank if the suction is released; and iii. has only one check valve in the suction product piping; and iv. has the check valve installed vertically and located directly below, and as close as practical to, the suction pump dispenser; and v. enables compliance with clauses (ii), (iii) and (iv) to be readily determined by a competent and experienced person; or c. pressurised product piping must be designed and installed in accordance with the following: i. line leak detection must be provided; and ii. an emergency shut-off valve must be located at the base of each dispenser.

15. Each fill point must be designed and installed in compliance with all of the following:

a. dedicated to one tank only; and b. an Australian industry standard accepted as best practice for pipeline and tank identification; and

c. accessible from a vehicle in unloading or loading positions with a hose no longer than (6) metres; and d. fitted with a fill point spill containment device, which has a minimum capacity of (15) litres per fill point.

16. Dispenser sumps must be installed underneath any dispensers located on the site in such a manner to collect leaks from the dispenser, and prevent the release of petroleum product into the environment.

17. Overfill protection must be a mechanical and/or electrical device that is installed in the tank fill piping or the vent piping and vapour recovery piping, such that the risk of overfill is significantly reduced.

18. A leak monitoring system must be installed such that it can detect a leak from any portion of the tank or piping. Leak monitoring must be conducted at least every month.

19. All fill and vapour recovery points must be earthed in compliance with an Australian industry standard accepted as best practice for electrical wiring and installation.

20. Where vehicular traffic generates unreasonable releases of dust to the air environment, the area must be sealed or covered with a dust suppressant, such as compacted road base or aggregate, to prevent or minimise dust nuisance.

21. The workplace apron must be maintained in clean order at all times including all exposed hard stand areas in a manner which ensures car parking areas and driveways remain free of accumulated dust and other wastes.

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22. Drainage from any workplace apron area on which a vehicle can stand while being fuelled or transferring petroleum products must be directed by appropriate surface grading or bunding into a wastewater pre-treatment system in such a manner so as to prevent the contamination of stormwater.

23. Where a wastewater pre-treatment system(s), including canopy pits, holding tanks, grated drains, vertical gravity separators, coalescing place separators, grated sumps and silt arresters is installed, the system(s) must be maintained regularly to ensure the system(s) is operating to its optimum design efficiency and to prevent overflow of wastes.

24. All uncontaminated stormwater from roofed areas and uncontaminated ground areas must be directed away from the petroleum loading and apron areas. Allowances must be made in the design of any canopies and hard stand areas to exclude uncontaminated stormwater from the wastewater pre- treatment system(s).

25. All spillage of petroleum products or other potential contaminants must be:

a. cleaned up promptly; and b. cleaned up using an absorbent material.

Note: Used absorbent material must be isolated prior to disposal in an industrial waste bin.

26. A supply of an absorbent material must be available in an accessible location and in a sufficient quantity at all times to contain minor spills of petroleum products.

27. Ensure that wastewater retained and collected within any bunded area(s) is:

a. discharged to sewer in accordance with Cairns City Council’s Trade Waste Policy; or b. transported from the site to a facility whose operator is licensed under the Environmental Protection Act 1994 to receive and dispose or treat of this waste.

28. Where wastewater retained within bunded areas is stored prior to collection, in accordance with Condition (27)(b), the wastewater must be stored in sealed containers located:

a. within a bunded and covered area; or b. within a workshop with a sealed floor; or c. otherwise, by means given prior written approval by Council.

29. Any objects or waste with any surface residual petroleum products must be stored undercover, on a sealed surface, in such a manner as to prevent contaminants entering the soil or uncontaminated stormwater run-off.

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30. Disused drums must be drained, sealed and stored in a covered area on a sealed surface prior to being:

a. sent to a metal recycling agent; or b. returned to the drum supplier; or c. disposed of at a waste disposal facility whose operator is licensed to accept such waste for disposal.

31. The Site Based Management Plan submitted with the application must be implemented to address actions to be taken in the event of a product leak, spill or overfill. The Site Based Management Plan must include, but not be limited to:

a. action to be taken to prevent any further release of product into the environment; and b. identification and mitigation of fire, explosion and vapour hazards; and c. procedures to prevent further migration of released product; and d. procedures to recover or remove released product so that the site does not pose any threat to the environment or human health and safety; and e. procedures to remove or repair the leaking component; and f. notification to the administering authority where environmental harm is or is likely to occur; and g. information and telephone numbers to advise Cairns City Council.

Any revisions to the Site Based Management Plan must be submitted to Council.

32. An inventory control system must be developed to identify loss of stored petroleum products and must include:

a. a reconciliation of petroleum product with dispenser meter readings and deliveries, which must be performed for each individual tank each day that petroleum products are added or removed from a tank; and b. a monthly summary of cumulative losses or gains of petroleum products.

33. Ensure the inventory control system records and reconciliation data is:

a. maintained and kept on site; and b. kept in an acceptable manner and format; and c. made available to Cairns City Council on request; and d. maintained on site for a minimum of five (5) years.

34. When a loss of petroleum product is indicated by any unexplained variation significantly in excess of the system’s normal pattern, the operator must notify Cairns City Council within two working days of becoming aware of such losses.

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35. Where disuse of any tanks is to occur:

a. notify Council in writing, with reference to this Approval; and b. disconnect all pipes from such tanks, in accordance with an Australian industry standard accepted as best practice.

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

37. When notifying Cairns City Council of environmental harm under Section 320 of the Act, Council must be provided with sufficient information to take appropriate action.

38. Not more than 14 days following the initial Council notification under Section 320 of the Act, Council must be provided with the following additional information:

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

39. For the purposes of the Development Approval, any term not otherwise defined in condition (41) of this Approval has the meaning conferred to that term in the Act or in the absence of a meaning in the Act, has the meaning conferred to that term in its common use.

40. In the event of any inconsistency arising between the meaning of any term provided in condition (41) of this Approval and the meaning in the Act or any common usage of that term, the meaning conferred in condition (41) will apply.

41. For the purposes of the approval the following definitions apply:

“Act” means the Environmental Protection Act 1994.

“application” means the application for a Development Approval in relation to the activity received on 17 August 2005 (including any amendments to the application initialled by Cairns City Council and the approval holder) and all plans specifications and information submitted with the application or provided to the Council in response to a request from the Council for additional information.

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

“activity” means crude oil or petroleum product storing.

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

“bund” means an embankment or wall that may form part or all of the perimeter of a compound, and is impervious to liquid contained within.

“Council” means Cairns City Council and its successors.

“dispenser” means a measuring or metering unit designed specifically for the dispensing of a petroleum product from the storage tank to a vehicle or other receptacle, and includes all components, external and internal, mechanical, electrical and hydraulic.

“dispenser sump” means a container, located underneath of dispenser that collects or contains leaks from the dispenser unit and prevents a release of product into the environment.

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

“petroleum product” means a single product or a mixture of at least 70% hydrocarbons, refined from crude oil, with or without additives, that is used, or could be used, as fuel or lubricant and is liquid at standard conditions of temperature and pressure.

“piping” includes all pipes, fittings and valves utilised in the storage system.

“workplace” means Lots 10 & 11 on RP899546 and Lot 113 on SP167713 or Lots 10 & 11 Maconachie Street and 7-11 Marsh Street, Woree – Assessment Nos. 612887, 309161 & 612796 and Parcel Nos. 98329, 98330 & 115390.

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

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4. 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 . carried

9.9.9. MATERIAL CHANGE OF UUSESE (CODE ASSESSMENT) ––– BUSINESS FACILITIES ––– 168168----184184 DRAPER STREET, PPORTSMITHORTSMITH ––– DIVIDIVISIONSION 5 ...... 868686 Luke Jackson: 8/7/2878/7/287----0101 : #1066668

PLATH / FREEBODY

That Council approve the development application for a Material Change of Use (Code) for Professional Offices over part of land described as Lot 3 on RP894303, Parish of Cairns located at 168–184 Draper Street, Portsmith, subject to the following conditions:

Assessment Manager Conditions

a. The approved plans, noted below, prepared by Power Graham & Dempsey Pty Ltd Architects, dated May 2005 and attached as Appendix 1;

Title Plan Number Date Site/Floor Plan MD 01 May 2005 First Floor Plan

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 and the FNQROC Development Manual; and

Except where modified by these conditions of approval.

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Timing of Effect

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

Parking Signage

3. The applicant/owner must erect a signs 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 signs must be erected prior to the Commencement of Use. One sign must be located on the Draper Street frontage.

Bicycle Parking

4. The applicant/owner must ensure the provision of a secured, on-site bicycle parking for 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 1 space. The bicycle parking area must be constructed prior to the commencement of the use.

Details Of Development Signage

5. 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.

External Lighting

6. 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 must not exceed eight (8) lux measured at any level upwards from the ground level.

Crime Prevention Through Environmental Design

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

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ADVICE

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

4. Supporting documentation, outlining the required information for the Dewatering Report is attached to this Development Approval. Further information can be obtained from Council’s Environmental Protection Unit on (07) 4044 3044.

5. 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 . carried

10. MATERIAL CHANGE OF UUSESE (CODE ASSESSMENT) ––– HOUSE ––– 3 RICHMOND COURT, MOORMOOROOBOOLOOBOOL ––– DIVISION 9 ...... 949494 Paul Cohen: 8/7/3118/7/311----0101 : #1077319

BLAKE / FORD

A. That Council approve the development application for a Material Change of Use (Code) for a House over land described as Lot 49 on RP857532, Parish of Cairns located at 3 Richmond Court, Mooroobool, subject to the following conditions:

Assessment Manager Conditions

a. The approved plans, noted below, prepared by Murray O’Neill & Associates Building Designers, dated July 2005 and attached as Appendix 1;

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Title Plan Number Date Site Plan 49R-5 Sheet No.7 July 05 Elevations 49R-5 Sheet No.2 July 05

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 and the FNQROC Development Manual; and

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.

Vegetation Clearing

3. Existing vegetation on the subject land must be retained in all areas except those affected by the construction of roadworks/access driveways, the installation of services as detailed on the approved plans as stated in Condition 1. Any further clearing requires an Operational Works Approval.

Vegetation to be retained is to be identified and adequately fenced off for protection purposes prior to construction work commencing on the site.

Landscaping Plan

4. The applicant/owner must landscape the subject land so as to minimise the visual impact of the house in accordance with a landscape plan to be 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 location and species of all existing trees, with an indication as to whether each tree is to be retained or removed, and natural and finished ground levels if filling is to occur in the vicinity of any tree.

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

c. The location and species of all new trees, with an indication of the natural and finished ground levels if filling is to occur in the vicinity of any tree.

d. 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.

Wildlife

5. Prior to removal of any tree, an inspection must be carried out for any signs of protected wildlife including nests and animal habitat. Should any recent wildlife activity be identified, removal of the tree must not occur until the animal has vacated the area of immediate danger. If the animal does not move from the area of danger, the Queensland Parks and Wildlife Services must be contacted for advice. Important habitat trees should be retained wherever possible.

Notification of Vegetation Clearing

6. The applicant/owner must notify Council’s City Assessment Branch two working days prior to the proposed date of commencement of any approved vegetation clearing to facilitate community awareness of such works.

Buildings in Hillslopes Areas

7. The exterior building colours and materials must be non-reflective and blend with the natural colours of the surrounding environment. Roofs must be of moderately dark to darker shades of green, grey, blue and brown. Details of the proposed materials and colour scheme for the external walls, features and roof must be submitted at the time of lodgement of a Development Application for Building Works and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. The applicant/owner must also ensure that the above Building Exterior requirements are made known in writing to all prospective purchasers.

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House Construction

8. The proposed House must be designed and structurally certified in accordance with the findings and recommendations contained within Construction Soiltests Pty Ltd for the proposed development dated 26 June 2005.

Lawful Point of Discharge

9. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge (being Mayflower Street and the Easement on the subject site) such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Water Saving

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

B. The following notation will be placed on Council's rates record in respect of Lot 49 RP857532. ‘There is a development permit on this property which includes conditions from Council. These conditions must be adhered to if the development permit (8/7/311) is acted on.’ For further information contact Council's City Assessment Branch’.

ADVICE

2. This approval does not approve the construction of the House. A Development Permit for Building Work is required to permit the construction of the House.

3. 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.

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

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11. TERMS OF REFREFERENCEERENCE ––– PLANNING AND ENVIROENVIRONMENTNMENT COMMITTEE ...... 103103 Peter Tabulo : 1/58/141/58/14----01:01: #1077442

JAMES / GREGORY

That Council adopt a Terms of Reference for the Planning and Environment Committee. carried

12. PROPOSED MINISTERIAL DESIGNATION FOR COMCOMMUNITYMUNITY INFRASTINFRASTRUCTURERUCTURE ––– EDMONTON PRIMARY SCSCHOOLHOOL ...... 108 108 Nikki Huddy : 8/26/58/26/5----0606 : #1077887

LINDSAY / PEZZUTTI

A. That the Department of Education and the Arts be advised that Council is not in a position to support the proposed Ministerial Designation for Community Infrastructure, Edmonton Primary School, at this time. Further the Department should note that the name for the school should be the Edmonton Primary School or the Sugarworld Primary School but not the Edmonton West Primary School.

B. Council is willing to reconsider a request for Ministerial Designation for Community Infrastructure, Edmonton Primary School once the outstanding issues have been addressed including: 1. The nature and extent of the design and construct program for the Walker Road upgrade and pedestrian / cycle paths required to service the school. 2. The treatment of stormwater drainage and overland flow paths within and adjacent to the site, and including land to the west of the site. 3. Further information is required: i. In relation to the overall proposal - Site area - Numbers of students (start up and long-term enrolment) - Staging of the school construction – if any

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- Gross floor Area buildings and number of buildings - Up to date site plan - Future joint facilities – if any (e.g. Cairns Basketball, Queensland Police). - Parking numbers for the size of the school. ii. To demonstrate compliance with the CairnsPlan Codes that relate primarily to the development on the site: - Community Facilities Code - Parking and Access Code - Excavation and Filling Code - Landscaping Code - Bushfire Management Code iii. To demonstrate compliance with the following CairnsPlan Codes relate primarily to the off site works required as a result of the development:

- Vegetation, Conservation & Waterway Significance Code – The site itself is currently a cane farm, however vegetation of value is contained along Blackfellows Creek, which is also a category 4 waterway requiring a 10 metre setback from top of bank. - Development Near Major Transport Corridors and Facilities Code. iv. To demonstrate how the proposal responds to the following overlays: - Road Hierarchy – the site adjoins a future sub arterial road. - Pedestrian & Cycle Movement – both Walker Road and Blackfellows Creek are designated as strategic corridors for pedestrian and cycle movement. - Public Transport – the tramline to the east, and Walker road are nominated as public transport corridors. v. To demonstrate that stormwater and overland flows have adequately been addressed on and adjacent to the site.

C. That Council acknowledge that Capital works funding will be required in the 2005/06 financial year for the construction of Council’s share of works associated with the Edmonton Primary School, in accordance with the ‘1997 Guidelines for Provision of Infrastructure External to State Government Site and Non-State Schools’ and that some funding may be required to be brought forward into the current financial year. carried

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13. PROPOSED MINISTERIAL DESIGNATION FOR COMCOMMUNITYMUNITY INFRASTRUCTURE ––– REDLYNCH MIMIDDLEDDLE SCHOOL ...... 116 116 Nikki Huddy : 8/26/58/26/5----0606 : #1077884

BONNEAU / BLAKE

A. That the Department of Education and the Arts be advised that Council does not object to the proposed Ministerial Designation for Community Infrastructure, Redlynch Middle School, subject to the following:

i. A riparian buffer being dedicated to Council as a reserve for drainage for the waterway along the southern boundary of the site. The reserve shall include an area at least 10 metres wide from the top of the bank or the Q100 area of inundation – whichever is the greater.

ii. The State Government paying the full the cost of providing streetscape elements external to the site including planting, seats, bins, shelters, lighting and signage in accordance with Council’s Development Manual.

iii. The dedication of a drainage easement over the drainage path in accordance with the Development Manual.

iv. Parking and setback areas are landscaped in accordance with CairnsPlan requirements.

B. Capital works funding will be required in the 2005/06 financial year for the construction of Council’s share of works associated with the Redlynch Middle School, in accordance with the ‘1997 Guidelines for Provision of Infrastructure External to State Government Site and Non-State Schools’. carried

14. REVIEW OF CAIRNSPLAN ...... 127...... 127 Adam Pratley : 8/26/58/26/5----06:06: #1076879

JAMES / BLAKE

That Council resolve that Planning Strategies proceed with the first review of CairnsPlan, in accordance with the provisions of Schedule 1 of the Integrated Planning Act. carried

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15. ASSISTANCE AND GUIDE DOG REVIEW...... 130130 Laurie Phipps : 8/5/38/5/3----25:25: #1079560

COCHRANE / LINDSAY

Council support the State Government in introducing legislation associated with Assistance Dogs and a response be provided to the questions, as outlined in the report. carried

16. MATERIAL CHANGE OF UUSESE (CODE ASSESSMENT) ––– MULTI UNIT HOUSING ––– 138, 136 BUCHAN STRSTREETEET & 184, 182 SPENCSPENCEE STREET, CAIRNS ––– DIVISION 5 ...... 148. 148 Jenny Elphinstone: 8/7/293 : #1080939

PLATH / FORD

That Council approve the development application for a Material Change of Use (Development Permit) for the establishment of twenty-four (24) Multi-Unit Houses over land described as Lots 5,6,7 and 8 on RP710306, Parish of Cairns located at 136-138 Buchan Street and 182-184 Spence Street, Bungalow, subject to the following conditions:

Assessment Manager Conditions

a. The approved plans, noted below, and attached as Appendix 1;

Title Prepared By Plan Number Date Elevations Hedley Project 05-11, 17 October 2005 Constructions DW-01 Pty Ltd Elevations Hedley Project 05-11, 17 October 2005 Without fence Constructions DW-07 Pty Ltd Existing Lot/& Hedley Project 05-11, 17 October 2005 Plan Constructions DW-02 Pty Ltd Proposed Site Hedley Project 05-11, 17 October 2005 plan Constructions DW-03 Pty Ltd

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Title Prepared By Plan Number Date

1st Floor Plan Hedley Project 05-11, 17 October 2005 Constructions DW-04 Pty Ltd 2nd Floor Plan Hedley Project 05-11, 17 October 2005 Constructions DW-05 Pty Ltd 3rd Floor Plan Hedley Project 05-11, 17 October 2005 Constructions DW-06 Pty Ltd Concept Vic Preston Project 05-33 17 October 2005 Landscape Plan 05-43-CL-01, Revision B On-street Works, Colefax C01 As submitted to Left Turn Associates Council on 17 Treatment October 2005

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 and the FNQROC Development Manual; and

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.

Amendment to Design

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

a. Buildings are designed to reduce heat absorption by either:

i. The combined effect of wall materials and insulation having a minimum R value of 1.4; or

ii. Use of light colours on walls and provision of overhangs or shading devices that project at least ¼ of the wall height; and

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b. Use of Solar reducing glazing to the full length windows, adjacent to the Juliette balconies of the north and west elevations.

Details of the above amendments must be indicated on plans submitted at and approved by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

Water Supply and Wastewater 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 $20,088.02 (5.6 ERAs) for water, and $36,339.69 (11.6 ERAs) for wastewater.

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

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 $6,273.33 (9.5 ERAs).

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

Community Purpose Infrastructure Contributions

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 provision of Community Purpose Infrastructure.

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 $40,566.00 (51 EPs) for Community Purpose Infrastructure.

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

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Stormwater Quality

7. 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 $1,140.54 for Stormwater Quality.

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

Water Supply and Sewerage Works

8. 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, the site must be provided with a single internal sewer connection in accordance with the FNQROC Development Manual.

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

Parking

9. The amount of vehicle parking must be as specified in Council's Planning Scheme which is a minimum of forty-two (42) spaces and one vehicle wash bay. Two (2) spaces must be provided for visitor parking.

Bicycle Parking

10. The applicant/owner must ensure the provision for two (2) secured, on-site bicycle spaces for visitor parking. The bicycle parking area must be constructed prior to the commencement of the use.

Parking Construction

11. 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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Parking Signage

12. The applicant/owner must erect signs 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 signs must be erected prior to the Commencement of Use. One sign must be located on the Spence street frontage and one on the Buchan Street frontage giving details that the visitor parking is off Spence Street.

External Works

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

a. Construct a 2.0 metre wide concrete footpath to 2.0 metre wide footpath to Buchan Street and a new 1.2 metre wide footpath to Spence Street frontage;

b. Construct works as detailed in the plan of proposed on-street works and left turn treatments by Colefax Associates, Drawing C01, as submitted to Council on 17 October 2005 including:

i. Construct full width bitumen widening to the Buchan Street frontage, with the exception of proposed island areas frontage;

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

iii. Make good the kerb(s) at redundant crossover(s);

iv. Relocate the Ergon Energy pole in Spence Street to behind the kerb;

v. Construct landscaped/grass/coloured concrete verge islands as detailed in the submitted plans;

vi. Construct tree guard around the existing trees in the road reserve along Buchan Street;

vii. Construct new kerb and channel to Buchan and Spence Streets; and

viii. Restrict the vehicle access from Buchan Street to a left-in ingress movement only. Note an alternative arrangement for rubbish collection may be required.

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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

14. 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:

b. The retention of as many existing trees and shrubs as possible and further planting of trees and shrubs. Consideration is to be given to retaining the eucalyptus and reasons as to why this tree is required to be removed are to be submitted to Council for consideration. Existing Alexandra Palms and Dwarf Date Palms are to be maintained preferably in their existing location or relocated elsewhere on the site;

c. The landscaped areas adjoining the parking area must be protected from vehicular encroachment by a 150mm high vertical concrete kerb or similar obstruction;

d. Inclusion of low level evening lighting to the visitor car parking spaces; and

e. 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.

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Screen Fence

15. 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 are as submitted to Council on 17 October 2005 by Vic Preston, Concept Landscape Plan Project 05-33, 05-43-CL-01, Revision B.

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 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

17. All floor levels in all buildings (including the ground level car park) must be located 300 mm above the Q100 flood immunity level of 2.7 metres AHD, plus any hydraulic grade effect (whichever is the greater), in accordance with FNQROC Development Manual and Planning Scheme requirements. Council’s current records indicate existing ground levels of approximately 2.8 metres to 3.7 metres occur on the land.

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.

Building Over/Adjacent Sewer

19. 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.

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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

20. 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.

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

Vehicle Wash Bay

22. The vehicle wash bay must be roofed and bunded and wastewater discharged through a 550 litre triple interceptor to sewer or as agreed to by the Chief Executive Officer.

External Lighting

23. 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 must not exceed eight (8) lux measured at any level upwards from the ground level.

Crime Prevention Through Environmental Design

24. 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

25. 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.

26. Prior to the commencement of the use, the applicant/owner must submit to Council a copy of a letter from Ergon Energy or details of 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

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b. street lighting in accordance with the requirements of the FNQROC Development Manual; and

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

Acid Sulfate Soils – Footing Excavations / Pool Disturbance

27. The excavations for building footings and pool excavation proposed may result in disturbance of potential acid sulfate soils (PASS). Prior to excavation, in association with a 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’ .

28. 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).

29. 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.

Amalgamation Required

30. The applicant/owner is responsible for the reconfiguration (amalgamation) of Lot 5,6,7 and 8 on RP710306 into one lot. The Plan of Survey must be registered with the Department of Natural Resources and Mines at the applicant's/owner's cost prior to the commencement of use.

ADVICE

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

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

17. RECONFIGURING A LOT (1 LOT INTO 124 LOTSLOTS)) ––– LOT 998 GAMBURRA DRIVDRIVE,E, REDLYNCH VALLEY ––– DIVISION 1212...... 174174 Jenny Elphinstone: 8/13/998 : #1033044

BONNEAU / FREEBODY

That Council approve the development application for Reconfiguring a Lot (124 Residential lots, 1 Park lot and a Balance lot) over land described as Lot 998 on SP164254, Parish of Cairns located at Lot 998 Gamburra Drive, Redlynch, subject to the following conditions:

Assessment Manager Conditions

1. The proposed Plan of Development Drawing No. 4923-507 Revision D dated 13/7/05 and proposed Lot 997 on SP167065 (dated 17/6/2005) for the creation of a Park and prepared by C&B Group Pty Ltd is approved generally in accordance with:

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

b. To ensure that the development complies in all respects with the following conditions of approval and the requirements of the Council’s Planning Scheme and the FNQROC Development Manual; and

Except where modified by these conditions of approval.

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Timing of Effect

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

3. The developer/owner must comply with the conditions of all existing approvals issued over the subject land, specifically the Consent Order dated 31 January 1996 in relation to P&E Appeal 6 of 1996, the Consent Order dated 21 April 1997 in relation to P&E Appeal 52 of 1996 and the Court Order dated 30 July 2004 in relation to P&E Appeal 306 of 2003, except where these are inconsistent with the current proposal or amended by the conditions of this approval.

In particular the Council trunk water mains must be located in a separate lot exclusive of the Gamburra Road Reserve, for the length of Gamburra Drive. These lots must be transferred to Council at the same time as registering the Survey Plans with the Department of Natural Resources and Mines.

Water Supply and Sewerage Contributions

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 $488,704.98 (122.70 ERAs) for water, and $545,148.82 (123.0 ERAs) for sewerage.

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

Road Network Contributions

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 $266,560.74 (123.0 ERAs).

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

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Stormwater Mitigation

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 $36,931.74 for Stormwater Mitigation.

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

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 $23,977.82 for Stormwater Quality.

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

Parkland Contribution

8. The applicant/owner must transfer to the area marked as – Active Park and Passive Park on Plan of Development Drawing No. 4923-507 Revision D dated 13/7/05 and proposed Lot 997 on SP167065 (dated 17/6/2005) in accordance with the requirements of Council's Planning Scheme and Section 5.6 of the Local Government (Planning and Environment) Act 1990 and the Court Consent Order dated 30 July 2004 in relation to P&E Appeal 306 of 2003. This area is to be a fair average of the type of land to be reconfigured and shall be filled, graded, and drained, and all declared pest plants to be destroyed and left in a mowable condition to the requirements and satisfaction of the Chief Executive Officer. The park areas shall be transferred to the Crown at the same time as registering the Survey Plans with the Department of Natural Resources and Mines.

Notification to Purchasers

9. The developer is to advise:

a. All purchasers of land within the development of the existence of a major quarry on the western side of Redlynch Intake Road and the fact that such a quarry has a long-term approval;

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b. Erect a sign at the entrance of the development. This sign shall state the existence and approved life of the quarry. This size of the sign and the lettering in the sign shall be to the satisfaction of the Chief Executive Officer; and

c. The proposed recreational facility on Plan of Development Drawing No. 4923-507 Revision D dated 13/7/05 is indicative only and not works approved or sponsored as yet by Cairns City Council.

Water Supply and Sewerage Works

10. 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 FNQROC Development Manual.

A Sewer and Water Masterplan for all new allotments must be supplied to Council at time of lodgement of the Operational Works.

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 the Chief Executive Officer prior to the prior to the approval and dating of the Plan of Survey.

11. The development must be filled such that all new allotments are filled above the Q100 flood immunity level.

No development of filling can occur within the floodplain below the 100 year ARI flood level shown on C&B Group Drawing No 4923-500 (A) unless it is shown through appropriate hydraulic modelling, consistent with the Freshwater Creek Management Plan, that there is no adverse impact from the development on external properties. Consistent with the criteria adopted elsewhere within the Barron River catchment, Council is prepared to accept a tolerance of +/-20mm for this assessment.

Landscaping Plan

12. 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 retention of as many existing trees and shrubs as possible and further planting of trees and shrubs.

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

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be submitted to and endorsed by the Chief Executive Officer. Areas to be landscaped must be established prior to the approval and dating of the Plan of Survey and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Vegetation Clearing

13. Existing vegetation on the subject land must be retained in all areas except those affected by the construction of roadworks/access driveways, the installation of services as detailed on the approved plans as stated in Condition 1. Any further clearing requires an Operational Works Approval.

Vegetation to be retained is to be identified and adequately fenced off for protection purposes prior to construction work commencing on the site.

Wildlife

14. Prior to removal of any tree, an inspection must be carried out for any signs of protected wildlife including nests and animal habitat. Should any recent wildlife activity be identified, removal of the tree must not occur until the animal has vacated the area of immediate danger. If the animal does not move from the area of danger, the Queensland Parks and Wildlife Services must be contacted for advice. Important habitat trees should be retained wherever possible.

Parkland Protection

15. Any common boundaries with existing and proposed parkland or drainage reserves must be temporarily delineated and fenced off to restrict building access for the duration of construction activity.

Reserves Over Creeks and Streams

16. The applicant/owner must transfer in favour of Council for drainage purposes a reserve and must contain all land below the top of the high bank and a 10 metre minimum wide strip adjacent the top of bank to the extent of the subject land or the limit of Q100 flooding, whichever is the greater. The land (reserve) must be transferred in conjunction with the registration of the Plan of Survey.

Existing Creek and Drainage Systems

17. 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.

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

Lawful Point of Discharge

18. 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.

Stormwater Detention

19. The applicant/owner must 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 flows emanating from the property to ensure a no worsening effect on upstream or downstream properties.

Plan of Drainage Works

20. The subject land must be drained to the satisfaction of the Chief Executive Officer. In particular,

a. Drainage infrastructure in accordance with the FNQROC Development Manual

b. The drainage system from the development must incorporate a gross pollutant trap(s) or equivalent measure(s), meeting the following Council specifications for stormwater quality improvement devices (SQID), namely:

iii. The design of the SQID shall not compromise the hydraulic performance of the overall drainage system.

iv. SQIDs shall be positioned so as to provide appropriate access for maintenance equipment. Minutes – Ordinary Meeting – 27/10/05 # 1081664 - 1/59/7-01 46

c. All new allotments shall have immunity from flooding associated with an ARI 100 year rainfall event. Any areas within the proposed residential lots below the 100 year ARI as determined by the Hydraulic modelling referred to in accordance with Condition 14c, of the Court Order dated 30 July 2003 in relation to P&E Appeal 306 of 2003 and submitted as part of the application for this approval, report titled Flood Impact Assessment, Redlynch Valley Estate, Freshwater Creek, Cairns, by Lawson and Treloar dated October 2004, are to be encumbered by a covenant restricting construction of buildings or filling in the covenant area; and

d. All new allotments must drain towards their respective roadway frontage.

Sediment and Erosion Control

21. The applicant/owner must submit a sediment and erosion control plan prior the issue of a Development Permit for Operational Works. Such plans must be endorsed to the satisfaction of the Chief Executive Officer and 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).

Installation Of SWM Measures

22. 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 the FNQROC Development Manual).

Existing Services

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

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

b. Arrange the registration of the necessary easements over the services which are located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the Lot.

Electricity and Telecommunications

24. The applicant/owner must provide written evidence of negotiations with the electricity and telecommunications authorities stating that services will be provided to the development. Such evidence to be provided prior to the approval and dating of the Plan of Survey.

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CONCURRENCE AGENCY CONDITIONS

Department of Natural Resources and Mines

1. Any infrastructure associated with the reconfiguration, including park furniture, is not to be located within 20 metres of remnant vegetation.

ADVICE

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

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

CONCURRENCE AGENCY ADVICE

Department of Natural Resources and Mines

1. Aboriginal Cultural Heritage

Under Section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). Maximum penalties for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual.

Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in compliance with the cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003 , available on the Department's website, or in accordance with an agreement with the Aboriginal party for the area or a cultural management plan approved under part 7 of the Aboriginal Cultural Heritage Act 2003.

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Applicants should also undertake a search of the Aboriginal Cultural heritage Database and the Aboriginal Cultural Heritage Register, administrated by the Cultural Heritage Coordination Unit, Department of Natural Resources and Mines. Application forms to undertake a free search of the Cultural Heritage Register and the Database may be obtained by contacting the Cultural Heritage Coordination Unit or on (07) 323 83838 or on the Department's website www.nrm.qld.gov.au/cultural_heritage . carried

18. REQUEST FOR SUPERSEDSUPERSEDEDED PLANNING SCHEME CONSIDERATION ––– MULTI UNIT HOUSING (10 X 2 BEDROOM UNITS) ––– 1212----1414 OLD SMITHFIELD ROROAD,AD, FRESHWATER ––– DIVISION 9 ...... 194194 Rohan Lee: 8/35/118/35/11----01:01: #1066543

BLAKE / FORD

That in accordance with the provisions of Section 3.2.5(1)(a) of the Integrated Planning Act 1997 , Council issue an Acknowledgement Notice to Tony Driscoll – Designer for the Tropics, advising that development of 12-14 Old Smithfield Road, more particularly described as Lot 8 and 9 on RP713398, Parish of Cairns, for the use of Multi Unit Housing (Multiple Dwellings) may proceed as if the development were to be carried out under the Superseded Planning Scheme for the Balance of the City of Cairns and that there is no need to obtain a Development Permit for the use. The applicant/owner must comply with relevant sections of the Superseded Planning Scheme including, but not limited to Part D Section 1.0 – General Development Provisions and Part D Section 2.0 – Provisions Applying to Multiple Dwellings and Integrated Development.

ADVICE

1. In accordance with the provisions of Section 3.2.5(5) of the Integrated Planning Act 1997 development of the site for the proposed use must take place within 4 years from the date of the Acknowledgement Notice. carried

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19. REQUEST TO CONSIDER ALTERNATIVE ACCEPTABACCEPTABLELE MEASURE ––– PRELIMINARY APPROVAL ––– STONEY CREEK ROAD, KKKAMERUNGAKAMERUNGA ––– DIVISION 12 ...... 203203 Peter Boyd: 8/7/3048/7/304----0101 : #1074888

BONNEAU / GREGORY

That Council resolve that the plans attached as Appendix 1, being Drawing No. 0503LONG Sheets 1-14 dated July 2005 prepared by Valdmadre Development Consultants, for the construction of a House on land described as Lot 2 on RP804192, Parish of Smithfield, located at Stoney Creek Road, Kamerunga demonstrate compliance with the Performance Criteria for the Residential 1 Code, Hillslopes Code and the House Code in CairnsPlan.

ADVICE

1. The applicant/owner is advised that a Development Permit for Building Works is required, as this decision does not approve the construction of the House.

2. The applicant/owner is advised that the proposed access location is not approved as part of this assessment. An approval for on street works is required in accordance with Council’s Local Law 22.

3. The applicant/owner is advised that there may be problems with the proposed development being able to connect to Council sewer due to the height difference between the development and the sewer main. The applicant is advised to Contact Cairns Water on 4044 8200 for further information. carried

20. EAST WOREE DEVELOPMEDEVELOPMENTNT STRATEGY ––– PROPOSED EXTRA WORK ...... 214...... 214 Brad Finegan:bf : 8/10/48/10/4----01:01: #108#1080210v10210v1

PLATH / FREEBODY

That this report be deferred to a future meeting of Council. carried

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21. COMMERCIAL ACTIVITIEACTIVITIESS ––– FRUIT STALL CITY PLPLACEACEACE...... 226226 Steve Booker: 1/58/101/58/10----02:02: 1075179

BONNEAU / BLAKE

That Council resolve not to re-new the 3-month trial hire agreement for the fruit stall in City Place, which includes the sale of fruit juice, when the hire agreement expires on 31 October 2005. carried

22. RESPONSE TO DEPARTMEDEPARTMENTNT OF TOURISM, FAIR TRADING AND WINE INDUSTRY DEVELODEVELOPMENTPMENT ––– LIQUOR LICENSILICENSINGNG DIVISION ––– NEW APPLICATIONS ...... 233233 Kelly Barnes: 8/20/68/20/6----03:03: #1079350

BONNEAU / BLAKE

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

1. Bel Paese

Council has no objection to the proposed On Premises (Meals) Licence for Bel Paese Restaurant, located at Shop 2, 45 Spence Street, Cairns and described as Lot 2 on RP736455, Parish of Cairns.

2. Ellis Beach Bar & Grill

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. Due to the vicinity of the hotel and the holiday accommodation in the area, there are concerns about the appropriateness of having loud music on the premises;

b. Given that 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;

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

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

23. HOUSE REMOVAL APPLICAPPLICATIONATION FROM LOT 269 NNR5177,R5177, 6060----7070 MAGAZINE STREET, STRSTRATFORDATFORD TO LOT 2 RP71RP710575,0575, 15 NIELSEN STREET, ALOOALOOMBAMBA --- DIVISION 1 ...... 241241 Kerry Maggs : 12/2/212/2/2----1111 : #1074558

GREGORY / LINDSAY

That Council refuse the house removal application from 60-70 Magazine Street, Stratford to 19 Nielson Street, Aloomba based on the structural integrity of the house and the visual and amenity impact of the proposal going into Aloomba. carried

24. RECONFIGURING A LOT (1 LOT INTO 38 RESIDRESIDENTIALENTIAL LOTS AND 1 BALANCE LOT) ––– CAPTAIN COOK HIGHWAHIGHWAY,Y, PALM COVE ––– DIVISION 11 ...... 250250 Peter Boyd: 8/13/9888/13/988----0101 : #1015666

BONNEAU /

That Council approve the development application for Reconfiguring a Lot (1 lot into 38 residential lots and 1 balance lot) over land described as Lot 2 on SP144124, Parish of Smithfield, located at Captain Cook Highway, Palm Cove, subject to the following conditions:

Assessment Manager Conditions

1. The proposed Plan of Development Drawing No. 30967/021 Revision B dated 16 September 2005 (2 plans) prepared by Brazier Motti is approved subject to any alterations:

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

b. To ensure that the development complies in all respects with the following conditions of approval and the requirements of the Council’s Planning Scheme and the FNQROC Development Manual; and

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d. The layout must be amended such that the minimum road reserve width for the north/south road and the eastern stub to Captain Cook Highway is increased to 18m to comply with the requirements of FNQROC.

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit must be effected prior to the approval and dating of the Plan of Survey, 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 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 $223,102.05 (38.2 ERAs) for water, and $147,616.40 (39 ERAs) for sewerage.

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

Community Purpose Infrastructure Contributions

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 $39,979.80 (114 EPs x $501 x 70% due to hillside land transfer contribution 30% of total requirement) for Community Purpose Infrastructure.

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

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5. The applicant/owner must transfer to the Crown the area of land as identified in the metes and bounds description provide d to Council for Public Use Land – Reserve in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997. This area of land must be to the requirements and satisfaction of the Chief Executive Officer. The land must be transferred to the Crown at the same time as registering the first Plan of Survey with the Department of Natural Resources and Mines for Stages 2A or 3A.

Stormwater Mitigation

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 $26,599.10 for Stormwater Mitigation (1.77 ha within Palm Cove DMP catchment).

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

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 $10,213.12 for Stormwater Quality (1.77 ha within Palm Cove DMP catchment and 1.32 ha within Sweet Creek catchment).

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

Water Supply and Sewerage Works

In particular, each allotment must be provided with a single internal sewer connection in accordance with the FNQROC Development Manual.

The 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.

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General External Works

9. The applicant/owner must at its own cost undertake the following works:

a. Construct a 2 metre wide concrete pathway along the northern western side of the north/south road through Stage 3A extending from the existing pathway in Stage 1.

b. Construct a 2 metre wide concrete pathway within the eastern stub to Captain Cook Highway.

c. The carriageway and gradient of the north/south road extending from Stage 1 to the stub road at Captain Cook Highway adjacent proposed Lot 97 and the eastern stub to Captain Cook Highway must be sufficient to accommodate a future public transport route, in accordance with FNQROC and Queensland Streets requirements. In particular the carriageway width must be 10m.

The 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.

Landscaping Plan

10. 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:

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

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

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Vegetation Clearing

11. Existing vegetation on the subject land must be retained in all areas except those affected by the construction of roadworks/access driveways and the installation of services as detailed on the approved plans as stated in Condition 1. Any further clearing requires an Operational Works Approval.

The application for Operational Works must include plans that clearly delineate the limits of clearing associated with the construction of roadworks/access driveways and the installation of services.

Vegetation to be retained must be identified on site and adequately fenced off prior to construction work commencing and for the duration of the construction to the satisfaction of the Chief Executive Officer. Council Officers are to inspect the site prior to the issue of a Development Permit for Building Works to assess the extent of the proposed clearing.

Notification of Vegetation Clearing

12. The applicant/owner must notify Council’s City Assessment Branch two working days prior to the proposed date of commencement of any vegetation clearing to inspect vegetation to be cleared and to facilitate community awareness of such works.

Parkland Protection

13. Any common boundaries with existing and proposed parkland or drainage reserves must be temporarily delineated and fenced off to restrict building access for the duration of construction activity.

Wildlife

Existing Creek and Drainage Systems

15. 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.

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

Lawful Point of Discharge

Stormwater Detention

17. The applicant/owner must 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 flows emanating from the property to ensure a no worsening effect on upstream or downstream properties.

Plan of Drainage Works

18. The subject land must be drained to the satisfaction of the Chief Executive Officer. In particular,

a. Drainage infrastructure in accordance with the FNQROC Development Manual

ii. SQIDs shall remove at least 95% of all foreign matter with a minimum dimension of 3mm and shall be configured to prevent re-injection of captured contaminants. The SQID treat all first flush runoff, which shall be defined as that volume of water equivalent to the runoff from the 3 month ARI storm event. The location of SQIDs within the drainage system shall be planned to ensure that the first flush waters from all parts of the (developed) catchment are treated.

iii. The design of the SQID shall not compromise the hydraulic performance of the overall drainage system.

iv. SQIDs shall be positioned so as to provide appropriate access for maintenance equipment.

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

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Sediment and Erosion Control

19. The applicant/owner must submit a sediment and erosion control plan prior the issue of a Development Permit for Operational Works. Such plans must be endorsed to the satisfaction of the Chief Executive Officer and 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 FNQROC Development Manual).

Installation Of SWM Measures

20. 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 the FNQROC Development Manual).

Soil and Water Management Strategy

21. A Soil and water management strategy, in accordance with Council's Development Manual must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Temporary Vehicle Turnaround

22. The applicant/owner must provide a temporary vehicle turnaround at end of all partially constructed roads where the length of road exceeds sixty (60) metres (i.e. maximum acceptable reversing distance for garbage truck). The turning facility shall be of sufficient size to turnaround a garbage truck, either in a continuous forward movement or by a three-point turn.

Existing Services

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

b. Arrange the registration of the necessary easements over the services which are located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the Lot.

Electricity Supply

24. 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. Minutes – Ordinary Meeting – 27/10/05 # 1081664 - 1/59/7-01 58

Electricity and Telecommunications

25. The applicant/owner must provide written evidence of negotiations with the electricity and telecommunications authorities stating that services will be provided to the development. Such evidence to be provided prior to the approval and dating of the Plan of Survey.

CONCURRENCE AGENCY CONDITIONS

Department of Main Roads

1. Permitted Road Access Location

(i) Vehicular access between the State-controlled road (i.e. Captain Cook Highway) and the proposed allotments shall be via a new road directly opposite Cedar Road to the satisfaction of the Director-General of the Department of Main Roads and Chief Executive Officer, Cairns City Council.

(ii) Despite the requirement of (i) above, access between Lot 2 on SP144124 and Captain Cook Highway is permitted via Foley Road until the construction of future road infrastructure at the intersection of Captain Cook Highway and Cedar Road enabling traffic to travel directly between Captain Cook Highway and Lot 2 on SP144124.

(iii) The applicant/ landowner shall note the proposed long-term transport planning for the area includes closing Foley Road at the Highway.

(iv) No additional direct vehicular access between the State-controlled road (i.e. Captain Cook Highway) and the proposed allotments is permitted.

(v) All existing accesses between the Highway and the subject land shall be removed and re-instated to the existing adjoining treatments.

2. Amendments to the Layout

The proposed layout of reconfiguration indicated on Brazier Motti Drawing No. 30967/013H dated 9 June 2005 is approved subject to the following amendments: • The intersection of Cedar Road extension to Foley Road connection shall allow traffic from the Highway via Cedar Road to head north at the Foley Road connection without stopping, i.e. traffic turning right from Foley Road connection into Cedar Road extension must give way to all traffic, and • Land resumption for road traffic noise ameliorative works along the Cedar Road extension frontage, i.e. proposed Lots 97, 98 and 109.

3. Provision of Link Roads

(i) The applicant/landowner shall dedicate a road reserve and/ or access easements from the permitted road access location (above) to • Foley Road, • Lot 1 on RP730683, to the satisfaction of Cairns Water, • Lot 3 on SP144124, to the satisfaction of Cairns Water, and

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• the southern boundary of Lot 31 on CP881693.

The above required road reserve and/ or access easements shall be dedicated prior to: • or in conjunction with, the first registration of plan of survey of the subject land, or • an application for a development permit for building works on the subject land, whichever comes first.

(ii) The applicant/landowner shall provide infrastructure within the above road reserve and/ or access easements in accordance with Cairns City Council's specifications prior to:

• the submission of the plan of survey to Council for approval and dating creating more than 50% of the proposed estate lots, or • where the existing access is affected by subdivision works, whichever comes first.

4. Land Requirement for Future Road Purposes

(i) DMR Plan No. PD193 identifies the portion of the subject land required to accommodate a future upgrade of Captain Cook Highway including a roundabout intersection with Cedar Road. This area is hereafter referred to as the ‘Exclusion Area’.

(ii) The applicant/ landowner shall not construct any structure/s nor commence any development under, on or over the ‘Exclusion Area’ unless the Department of Main Roads agrees to the proposed structures/ works.

(iii) Should the State of Queensland not have acquired the ‘Exclusion Area’ within twelve (12) months of: • the dating and approving of the plan of survey by Council in respect of the Reconfiguration of a Lot application and • the applicant/ landowner formally requesting, in writing, the District Director of the Cairns Office of DMR, or its successor or assign, to acquire/ resume the land, then parts (i) and (ii) above shall cease to have effect.

5. Intersection Works

(i) The landowner/ applicant shall upgrade the existing Foley Road/ Captain Cook Highway intersection in accordance with: • the Department of Main Roads Road Planning and Design Manual, and • current Department of Main Roads standards.

A recent site inspection indicates the intersection shall be designed and constructed with a: • channelised right turn (CHR),

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• upgraded intersection streetlighting in accordance with AS 1158 incorporating a preferred luminaire of 250WHPS Aeroscreen GEC) and with slip Base poles where within the roadway clear zone, and • a 2.0m wide concrete footpath between the existing footpath on the eastern side of the Highway to the property frontage on the western side of the Highway (except across the road pavement) on the southern side of the intersection, and with grades no greater than 1:14, unless otherwise approved by the Cairns office of the Department of Main Roads.

(ii) The landowner/ applicant shall submit intersection design drawings prepared by a suitably qualified Registered Professional Engineer Queensland (RPEQ) for approval of the Cairns office of the Department of Main Roads prior to commencing works within the State-controlled road reserve (i.e. Captain Cook Highway).

(iii) All required intersection works and land dedication shall be completed to the satisfaction of the Director-General of the Department of Main Roads prior to the landowner/ applicant requesting Council to approve and plan of survey creating the 100th residential allotment of the estate.

6. Road Traffic Noise & Visual Treatments

For the purposes of this condition: • "SCR" shall be defined as the Captain Cook Highway; and • "SCR boundary" shall be defined as the proposed Captain Cook Highway boundary after the acquisition of the 'Exclusion Area'; and • DMR Plan PD85 C (dated 03/2004) shall hereafter be referred to as the ‘DMR Buffer Plan’.

(a) Creation of Buffer Strip

The applicant/landowner shall create a minimum of a ten metre wide buffer strip, located adjacent to the ‘SCR boundary’ and within the subject land. The buffer strip shall extend along the full SCR frontage of the subject land. This buffer shall be provided at no cost to Council or the State of Queensland.

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

The registered covenant (buffer) shall: • allow representatives of Council and the Department of Main Roads and public utility authorities to construct/maintain/upgrade/remove noise attenuation treatments, landscaping and public utilities within the registered covenant,

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• prevent (unless approved by Council and the Department of Main Roads) landowners from altering, damaging or destroying any noise ameliorative treatments, landscaping, or public utilities located within the registered covenant, and • prohibit the construction of any structures within the registered covenant except where approved/required otherwise by Council and the Department of Main Roads.

The freehold section of the buffer strip shall be created and transferred to Council ownership. The registered covenant section of the buffer strip shall be created, and the covenant agreement shall be registered in the Titles Office of the Department of Natural Resources & Mines. All three aforementioned requirements shall be completed prior to the applicant/landowner: • seeking Council (or private certifier) approval for a development permit for carrying out building works on any part of the subject land within 100 metres of SCR boundary, or • lodging a plan of survey to Cairns City Council on any part of the subject land for signing and dating, whichever occurs first.

(b) Visual Amenity Works

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

The species of plants used in the landscaping works shall be in accordance with Council’s standards. If Council does not have standards, then the only requirement is that they are native, low maintenance species, which are effective at providing the necessary screening specified above and do not create a safety risk (i.e. no thorns, heavy nuts, or poisonous fruits or berries). All works within the buffer strip are to comply with the requirements specified in the ‘DMR Buffer Plan’.

All landscaping of the buffer shall be completed shall be completed prior to the applicant/landowner: • seeking Council (or private certifier) approval for a development permit for carrying out building works on any part of the subject land, or • lodging a plan of survey to Cairns City Council on any part of the subject land for signing and dating, whichever occurs first.

(i) Location of Works

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

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(ii) Maximum Noise Levels and Time Horizons

The maximum noise intervention levels within 10 years of completion of the full development generated by traffic on the SCR are: • External noise levels shall not exceed 60B(A) 18h (free field) where existing levels measured at the deemed-to-comply setback distance are greater than 40dB(A) L90 (8h) between 10pm and 6am (free field) • External noise levels shall not exceed 57(A) 18h free field where existing levels measured at the deemed-to-comply setback distance are less than or equal to 40 dB(A) L90 (8h) between 10pm and 6am (free field), and • Internal noise levels (i.e., within buildings above the ground floor level only) shall not exceed the maximum noise levels specified in AS2107-2000.

(iii) Noise Testing

The following parameters shall be used to determine the required noise amelioration works. • External noise levels shall be those predicted to occur on the subject land in areas likely to be frequently occupied by people for significant periods. • For residential/accommodation development, internal noise levels shall be determined in accordance with AS2107-2000. • Noise monitoring shall be carried out in accordance with AS2702- 1984. • Noise predictions shall be carried out in accordance with Calculation of Road Traffic Noise (CRTN88) United Kingdom Department of Transport.

(iv) Road Traffic Noise Report

The applicant/landowner shall prepare a road traffic noise report which demonstrates how the development is to be designed to conform with the above requirements. The report shall: • predict the road traffic noise levels and identify all lots that exceed the external noise levels in condition (c ) (ii) prior to any noise amelioration works, • identify the ameliorative works required within the buffer strip, the rest of the subject land, and buildings (including stating building pad levels in AHD),

• identify proposed allotments where it has not been demonstrated that condition (c)(ii) above would be met for a low-set or 2 or more storied dwelling house on the allotments. These identified lots will require registered covenants (building) over the lots. The covenants (building) shall require that either no house or only a low-set house is permissible without Main Roads approval on the identified lots, and

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• contain all relevant information and calculations upon which the conclusions of the report are based.

The applicant/landowner shall submit the report to the Cairns Office of the Department of Main Roads, and if necessary, shall amend the report until the Department of Main Roads considers that the report reflects the requirements of this condition. The report and any subsequent amendments shall be completed prior to the applicant/landowner: • seeking Council (or private certifier) approval for a development permit for carrying out building works on any part of the subject land, or • seeking Council approval for a development permit for Operational Works –associated with this reconfiguration of a Lot application within 100 metres of the SCR boundary, or • lodging a plan of survey to Cairns City Council on any part of the subject land for signing and dating, whichever occurs first.

(v) Incorporation of Works into the Development

Noise ameliorative works within the buffer shall conform to the requirements of the ‘DMR Buffer Plan’ unless altered in writing by the Director-General of the Department of Main Roads.

All noise ameliorative works required in the buffer shall be completed prior to the applicant/landowner: • seeking Council (or private certifier) approval for a development permit for carrying out building works on any part of the subject land, or • lodging a plan of survey to Cairns City Council on any part of the subject land for signing and dating, whichever occurs first.

(vi) Covenant (Building)

When a covenant is required by the Road Traffic Noise (acoustical) Report then the following requirements shall be met:

• The covenants shall be included on the same Plan of Survey which creates the lots which are the subjected to the covenant and lodge concurrently the Plan of Survey and validly executed Covenant Form 31 referred to in the above conditions. • Acknowledges to Main Roads that an acoustic covenant will be annexed to the REIQ contract for the relevant lots prior to execution of the Covenants Forms 31. • Submit to Main Roads for approval a Noise Covenant Plan which shows: • the final layout plan with finished contour levels and highlighting lots effected by a covenant,

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• summary of noise amelioration works and covenant conditions, and • a table showing, pad levels in Australia Height Datum (AHD) and the type of covenant, prior to execution of the Covenants Forms 31. • Submit to Main Roads, certification (RPEQ) from the civil engineer that the pad levels in (AHD) used on the Covenant Plan comply with the acoustical report, prior to the execution of the Covenant Form 31. If the building pad levels have risen by more than 200mm, a new acoustical assessment must be submitted. Any new works or covenants to be registered or amended as detailed in the new acoustical assessment must be completed within the above relevant timeframes. • Submit to Main Roads a properly executed Covenant Form 31 pursuant to Land Title Act 1994, and in terms approved by the District Director covering all lots where it has not been demonstrated that condition (c)(ii) above would be met, prior to the submission of the Plan of Survey to Council for approval and dating. • Submit to Main Roads a copy of the receipt of the Registration Confirmation Statements for the Covenants within 14 days of the receipt being forwarded to the applicant or their agents.

7. Hydraulic Considerations

To protect the existing flood immunity of the State-controlled road (i.e. Captain Cook Highway), the landowner/ applicant shall seek the approval of the Director- General of the Department of Main Roads prior to any works commencing on the subject land which may result in changes to the existing water flows, afflux levels and/ or hydraulic structures along, under or over the Captain Cook Highway.

8. Advertising

No advertising device for the proposed development is permitted within the State- controlled road reserve (i.e. Captain Cook Highway).

9. Provisions for Buses

The internal layout shall be designed to allow full size buses to: • dropoff and pickup passengers (bus stops), • drive through the site from Foley Road to the proposed Cedar Road access, • drive through the site from Foley Road and turn around onsite using the road network and exit Foley Road prior to the opening of the Cedar Road extension (This can be achieved by utilizing the road stub for the Cedar Road extension) , and • drive through the site on pavement of minimum kerb to kerb width of 10m.

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ADVICE

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

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

BONNEAU / FORD

Assessment Manager Conditions

1. The proposed Plan of Development Drawing No. 30967/021 Revision B dated 16 September 2005 (2 plans) prepared by Brazier Motti is approved subject to any alterations:

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

b. To ensure that the development complies in all respects with the following conditions of approval and the requirements of the Council’s Planning Scheme and the FNQROC Development Manual; and

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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 approval and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.

Water Supply and Sewerage Contributions

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

Community Purpose Infrastructure Contributions

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

5. The applicant/owner must transfer to the Crown the area of land as identified as Lot 900 Public Use Land (Park) on Plan SP178695 provided for as per Section 5.1.4 of the Integrated Planning Act 1997. The land must be transferred to the Crown at the same time as registering the first Plan of Survey with the Department of Natural Resources and Mines for Stage 2A.

The balance area of parkland identified in the preliminary approval must be dedicated in stages in association with subsequent stages of the overall development of the land.

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Stormwater Mitigation

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

Stormwater Quality

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

Water Supply and Sewerage Works

In particular, each allotment must be provided with a single internal sewer connection in accordance with the FNQROC Development Manual.

The 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.

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General External Works

9. The applicant/owner must at its own cost undertake the following works:

a. Construct a 2 metre wide concrete pathway along the northern western side of the north/south road through Stage 3A extending from the existing pathway in Stage 1.

b. Construct a 2 metre wide concrete pathway within the eastern stub to Captain Cook Highway.

The 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.

Landscaping Plan

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

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

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Vegetation Clearing

The application for Operational Works must include plans that clearly delineate the limits of clearing associated with the construction of roadworks/access driveways and the installation of services.

Notification of Vegetation Clearing

Parkland Protection

13. Any common boundaries with existing and proposed parkland or drainage reserves must be temporarily delineated and fenced off to restrict building access for the duration of construction activity.

Wildlife

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Existing Creek and Drainage Systems

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

Lawful Point of Discharge

Stormwater Detention

Plan of Drainage Works

18. The subject land must be drained to the satisfaction of the Chief Executive Officer. In particular,

a. Drainage infrastructure in accordance with the FNQROC Development Manual

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iii. The design of the SQID shall not compromise the hydraulic performance of the overall drainage system.

iv. SQIDs shall be positioned so as to provide appropriate access for maintenance equipment.

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

Sediment and Erosion Control

Installation Of SWM Measures

Soil and Water Management Strategy

Temporary Vehicle Turnaround

Existing Services

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

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b. Arrange the registration of the necessary easements over the services which are located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the Lot.

Electricity Supply

Electricity and Telecommunications

CONCURRENCE AGENCY CONDITIONS

Department of Main Roads

1. Permitted Road Access Location

(iii) The applicant/ landowner shall note the proposed long-term transport planning for the area includes closing Foley Road at the Highway.

(iv) No additional direct vehicular access between the State-controlled road (i.e. Captain Cook Highway) and the proposed allotments is permitted.

(v) All existing accesses between the Highway and the subject land shall be removed and re-instated to the existing adjoining treatments.

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2. Amendments to the Layout

The proposed layout of reconfiguration indicated on Brazier Motti Drawing No. 30967/013H dated 9 June 2005 is approved subject to the following amendments: ••• The intersection of Cedar Road extension to Foley Road connection shall allow traffic from the Highway via Cedar Road to head north at the Foley Road connection without stopping, i.e. traffic turning right from Foley Road connection into Cedar Road extension must give way to all traffic, and ••• Land resumption for road traffic noise ameliorative works along the Cedar Road extension frontage, i.e. proposed Lots 97, 98 and 109.

3. Provision of Link Roads

(i) The applicant/landowner shall dedicate a road reserve and/ or access easements from the permitted road access location (above) to ••• Foley Road, ••• Lot 1 on RP730683, to the satisfaction of Cairns Water, ••• Lot 3 on SP144124, to the satisfaction of Cairns Water, and ••• the southern boundary of Lot 31 on CP881693.

The above required road reserve and/ or access easements shall be dedicated prior to: ••• or in conjunction with, the first registration of plan of survey of the subject land, or ••• an application for a development permit for building works on the subject land, whichever comes first.

(ii) The applicant/landowner shall provide infrastructure within the above road reserve and/ or access easements in accordance with Cairns City Council's specifications prior to:

••• the submission of the plan of survey to Council for approval and dating creating more than 50% of the proposed estate lots, or ••• where the existing access is affected by subdivision works, whichever comes first.

4. Land Requirement for Future Road Purposes

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(iii) Should the State of Queensland not have acquired the ‘Exclusion Area’ within twelve (12) months of: ••• the dating and approving of the plan of survey by Council in respect of the Reconfiguration of a Lot application and ••• the applicant/ landowner formally requesting, in writing, the District Director of the Cairns Office of DMR, or its successor or assign, to acquire/ resume the land, then parts (i) and (ii) above shall cease to have effect.

5. Intersection Works

(i) The landowner/ applicant shall upgrade the existing Foley Road/ Captain Cook Highway intersection in accordance with: ••• the Department of Main Roads Road Planning and Design Manual, and ••• current Department of Main Roads standards.

A recent site inspection indicates the intersection shall be designed and constructed with a: ••• channelised right turn (CHR), ••• upgraded intersection streetlighting in accordance with AS 1158 incorporating a preferred luminaire of 250WHPS Aeroscreen GEC) and with slip Base poles where within the roadway clear zone, and ••• a 2.0m wide concrete footpath between the existing footpath on the eastern side of the Highway to the property frontage on the western side of the Highway (except across the road pavement) on the southern side of the intersection, and with grades no greater than 1:14, unless otherwise approved by the Cairns office of the Department of Main Roads.

6. Road Traffic Noise & Visual Treatments

For the purposes of this condition: ••• "SCR" shall be defined as the Captain Cook Highway; and ••• "SCR boundary" shall be defined as the proposed Captain Cook Highway boundary after the acquisition of the 'Exclusion Area'; and ••• DMR Plan PD85 C (dated 03/2004) shall hereafter be referred to as the ‘DMR Buffer Plan’.

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(a) Creation of Buffer Strip

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

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

The freehold section of the buffer strip shall be created and transferred to Council ownership. The registered covenant section of the buffer strip shall be created, and the covenant agreement shall be registered in the Titles Office of the Department of Natural Resources & Mines. All three aforementioned requirements shall be completed prior to the applicant/landowner: ••• seeking Council (or private certifier) approval for a development permit for carrying out building works on any part of the subject land within 100 metres of SCR boundary, or ••• lodging a plan of survey to Cairns City Council on any part of the subject land for signing and dating, whichever occurs first.

(b) Visual Amenity Works

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All landscaping of the buffer shall be completed shall be completed prior to the applicant/landowner: ••• seeking Council (or private certifier) approval for a development permit for carrying out building works on any part of the subject land, or ••• lodging a plan of survey to Cairns City Council on any part of the subject land for signing and dating, whichever occurs first.

(i) Location of Works

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

(ii) Maximum Noise Levels and Time Horizons

The maximum noise intervention levels within 10 years of completion of the full development generated by traffic on the SCR are: ••• External noise levels shall not exceed 60B(A) 18h (free field) where existing levels measured at the deemed-to-comply setback distance are greater than 40dB(A) L90 (8h) between 10pm and 6am (free field) ••• External noise levels shall not exceed 57(A) 18h free field where existing levels measured at the deemed-to-comply setback distance are less than or equal to 40 dB(A) L90 (8h) between 10pm and 6am (free field), and ••• Internal noise levels (i.e., within buildings above the ground floor level only) shall not exceed the maximum noise levels specified in AS2107-2000.

(iii) Noise Testing

The following parameters shall be used to determine the required noise amelioration works. ••• External noise levels shall be those predicted to occur on the subject land in areas likely to be frequently occupied by people for significant periods.

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••• For residential/accommodation development, internal noise levels shall be determined in accordance with AS2107-2000. ••• Noise monitoring shall be carried out in accordance with AS2702-1984. ••• Noise predictions shall be carried out in accordance with Calculation of Road Traffic Noise (CRTN88) United Kingdom Department of Transport.

(iv) Road Traffic Noise Report

The applicant/landowner shall prepare a road traffic noise report which demonstrates how the development is to be designed to conform with the above requirements. The report shall: ••• predict the road traffic noise levels and identify all lots that exceed the external noise levels in condition (c ) (ii) prior to any noise amelioration works, ••• identify the ameliorative works required within the buffer strip, the rest of the subject land, and buildings (including stating building pad levels in AHD),

••• identify proposed allotments where it has not been demonstrated that condition (c)(ii) above would be met for a low-set or 2 or more storied dwelling house on the allotments. These identified lots will require registered covenants (building) over the lots. The covenants (building) shall require that either no house or only a low-set house is permissible without Main Roads approval on the identified lots, and ••• contain all relevant information and calculations upon which the conclusions of the report are based.

The applicant/landowner shall submit the report to the Cairns Office of the Department of Main Roads, and if necessary, shall amend the report until the Department of Main Roads considers that the report reflects the requirements of this condition. The report and any subsequent amendments shall be completed prior to the applicant/landowner: ••• seeking Council (or private certifier) approval for a development permit for carrying out building works on any part of the subject land, or ••• seeking Council approval for a development permit for Operational Works –associated with this reconfiguration of a Lot application within 100 metres of the SCR boundary, or ••• lodging a plan of survey to Cairns City Council on any part of the subject land for signing and dating, whichever occurs first.

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(v) Incorporation of Works into the Development

Noise ameliorative works within the buffer shall conform to the requirements of the ‘DMR Buffer Plan’ unless altered in writing by the Director-General of the Department of Main Roads.

All noise ameliorative works required in the buffer shall be completed prior to the applicant/landowner: ••• seeking Council (or private certifier) approval for a development permit for carrying out building works on any part of the subject land, or ••• lodging a plan of survey to Cairns City Council on any part of the subject land for signing and dating, whichever occurs first.

(vi) Covenant (Building)

When a covenant is required by the Road Traffic Noise (acoustical) Report then the following requirements shall be met:

••• The covenants shall be included on the same Plan of Survey which creates the lots which are the subjected to the covenant and lodge concurrently the Plan of Survey and validly executed Covenant Form 31 referred to in the above conditions. ••• Acknowledges to Main Roads that an acoustic covenant will be annexed to the REIQ contract for the relevant lots prior to execution of the Covenants Forms 31. ••• Submit to Main Roads for approval a Noise Covenant Plan which shows: ••• the final layout plan with finished contour levels and highlighting lots effected by a covenant, ••• summary of noise amelioration works and covenant conditions, and ••• a table showing, pad levels in Australia Height Datum (AHD) and the type of covenant, prior to execution of the Covenants Forms 31. ••• Submit to Main Roads, certification (RPEQ) from the civil engineer that the pad levels in (AHD) used on the Covenant Plan comply with the acoustical report, prior to the execution of the Covenant Form 31. If the building pad levels have risen by more than 200mm, a new acoustical assessment must be submitted. Any new works or covenants to be registered or amended as detailed in the new acoustical assessment must be completed within the above relevant timeframes. ••• Submit to Main Roads a properly executed Covenant Form 31 pursuant to Land Title Act 1994, and in terms approved by the District Director covering all lots where it has not been demonstrated that condition (c)(ii) above would be met, prior to the submission of the Plan of Survey to Council for approval and dating. Minutes – Ordinary Meeting – 27/10/05 # 1081664 - 1/59/7-01 79

••• Submit to Main Roads a copy of the receipt of the Registration Confirmation Statements for the Covenants within 14 days of the receipt being forwarded to the applicant or their agents.

7. Hydraulic Considerations

To protect the existing flood immunity of the State-controlled road (i.e. Captain Cook Highway), the landowner/ applicant shall seek the approval of the Director-General of the Department of Main Roads prior to any works commencing on the subject land which may result in changes to the existing water flows, afflux levels and/ or hydraulic structures along, under or over the Captain Cook Highway.

8. Advertising

No advertising device for the proposed development is permitted within the State-controlled road reserve (i.e. Captain Cook Highway).

9. Provisions for Buses

The internal layout shall be designed to allow full size buses to: ••• dropoff and pickup passengers (bus stops), ••• drive through the site from Foley Road to the proposed Cedar Road access, ••• drive through the site from Foley Road and turn around onsite using the road network and exit Foley Road prior to the opening of the Cedar Road extension (This can be achieved by utilizing the road stub for the Cedar Road extension) , and ••• drive through the site on pavement of minimum kerb to kerb width of 10m.

ADVICE

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

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

25. QUEENSLAND AUDIT OFFOFFICEICE AUDIT REPORT FOR THE FINANCIAL YEAR ENDED JUNE 2005 ...... 274...... 274 JoJoJo- Jo ---AnneAnne Scarini : 1/58/151/58/15----03:03: #1081295

BLAKE / FORD

That Council note that there are no matters to be tabled with Council arising from the recent audit by the Queensland Audit Office as per the attached advice. carried

GENERAL BUSINESS

1.1.1. PETITION ––– TRAFFIC CONTROL PROPROBLEMSBLEMS IN GERARD STRESTREET,ET, WOREE ––– DIVISION 5 S Burke

PLATH / PEZZUTTI

That the petition be received and be the subject of a report to Council at a later date. carried

Minutes – Ordinary Meeting – 27/10/05 # 1081664 - 1/59/7-01 81

2.2.2. RESIDENT RESPONSE SYSYSTEMSTEM (RRS) L Kirchner

JAMES / FORD

That Councillors receive reports, by Division, of all requests entered into the Resident Response System (RRS). carried

CLOSED SESSION

BLAKE / COCHRANE

COUNCIL RESOLVE INTO CLOSED SESSION FOR THE FOLLOWING REASONS:

1.1.1. CONTRACTUAL MATTER --- CONTRACT NO. 1974 --- INVITATION FOR TENDER FOR SUPPLY ANANDD DELIVERY OF ONE 15 TONNE GVM CRANCRANEE TRUCK ...... 1111 Keith Morris: 20/6/11120/6/111----03:03: #1079371 carried

OUT OF CLOSED SESSION

BLAKE / PEZZUTTI

COUNCIL RESOLVE TO MOVE OUT OF CLOSED SESSION carried

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RESOLUTIONS ARISING FROM THE MATTERS DISCUSSED IN CLOSED SESSION

1.1.1. CONTRACTUAL MATTER --- CONTRACONTRACTCT NO. 1974 --- INVITATION FOR TENDER FOR SUPPLY ANANDD DELIVERY OF ONE 15 TONNE GVM CRANE TRUCK ...... 1111 Keith Morris: 20/6/11120/6/111----03:03: #1079371

FREEBODY / PEZZUTTI

That Contract No. 1974 for the Supply and Delivery of one Hino Ranger 9 truck fitted with RV body and HIAB crane be awarded to Pacific Toyota, Cairns, for a total cost to Council of $142,025 excluding GST. carried

THE MEETING CLOSED AT 6.30 PM

CONFIRMED THIS DAY OF 2005

………………………………………. ………………………………………

MAYOR CHIEF EXECUTIVE OFFICER

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