1 Minutes – Ordinary Meeting 29 January 2014 - #4256781 CAIRNS REGIONAL COUNCIL ORDINARY MEETING 29 JANUARY 2014 9:00 A.M. PRESENT: Cr B Manning (Chairperson) Cr R Bates Cr S Brain Cr L Cooper Cr G Fennell Cr T James Cr M O’Halloran Cr R Pyne Cr J Richardson Cr J Schilling OFFICERS: P Tabulo Chief Executive Officer B Gardiner General Manager Infrastructure Services L Kirchner General Manager Corporate Services C Posgate General Manager Human Resources & Org. Change K Reaston General Manager Planning & Environment P Utting General Manager Water & Waste I Lowth General Manager Community, Sport & Cultural Services J Andrejic Chief Financial Officer R Holmes Manager Marketing & Communications L Guy Media Coordinator N Quinn Executive Manager Mayor’s Office P Boyd Manager Planning Strategies G Boyd Manager Development & Regulatory Services B Spencer Manager Parks & Leisure R Reilly Coordinator Revenue L Whitton Coordinator Financial Accounts S Crampton Supervisor Revenue Collections J Lawrence Minute Secretary
Transcript
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Minutes – Ordinary Meeting 29 January 2014 - #4256781
CAIRNS REGIONAL COUNCIL
ORDINARY MEETING
29 JANUARY 2014
9:00 A.M.
PRESENT: Cr B Manning (Chairperson) Cr R Bates Cr S Brain Cr L Cooper Cr G Fennell Cr T James Cr M O’Halloran Cr R Pyne Cr J Richardson Cr J Schilling OFFICERS:
P Tabulo Chief Executive Officer B Gardiner General Manager Infrastructure Services L Kirchner General Manager Corporate Services C Posgate General Manager Human Resources & Org. Change K Reaston General Manager Planning & Environment P Utting General Manager Water & Waste I Lowth General Manager Community, Sport & Cultural Services J Andrejic Chief Financial Officer R Holmes Manager Marketing & Communications L Guy Media Coordinator N Quinn Executive Manager Mayor’s Office P Boyd Manager Planning Strategies G Boyd Manager Development & Regulatory Services B Spencer Manager Parks & Leisure R Reilly Coordinator Revenue L Whitton Coordinator Financial Accounts S Crampton Supervisor Revenue Collections J Lawrence Minute Secretary
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APOLOGY No apologies were noted.
CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST
Cr James declared that the Unity Team, comprising Cr Manning, Cr Schilling, Cr Bates, Cr O’Halloran, Cr Richardson, Cr Fennell and himself had a perceived conflict of interest in relation to Clause 4 and Clause 5. In accordance with Section 173 (7) of the Local Government Act, he proposed that the Unity Team Councillors remain so that a quorum could be retained. Cr James declared a Material Personal Interest in Clause 2 in line with his statement of 14 June, 2012 at the Planning & Sustainability Committee and left the meeting room, taking no part in the debate or decision of the meeting. John Andrejic declared a Material Personal Interest in Clause 10 due to his role of secretary to one of the Clubs being considered by Council, but took no part in the debate or decision of the meeting.
PURPOSE OF MEETING To consider the matters listed on the agenda.
CONFIRMATION OF MINUTES OF ORDINARY MEETING 18/12/2013
O’HALLORAN / FENNELL That the Minutes of the Ordinary Meeting held on Wednesday, 18 December 2013 be confirmed.
carried
NOTICE OF RESCISSION –
LAKE MORRIS ROAD – PROPOSED ROAD SAFETY IMPROVEMENTS ..... 4
MANNING / JAMES That the following motion, which was adopted at the Ordinary Meeting held 18 December 2013 be rescinded:-
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Approves road safety works on Lake Morris Road as recommended by the October 2013 Road Safety Audit
Endorses a trial traffic restriction on Lake Morris Road between the first lookout and Copperlode Dam from 5pm to 8am daily to commence in March 2014 following appropriate public advertising
Brings forward funding for the proposed works from the 2014/15 financial year to the 2013/14 year in the January 2014 Capital Works Budget review
Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to finalise all works in this report.
carried with Councillors Fennell and O’Halloran voting against the motion.” carried with Councillors Cooper, Bates and Pyne voting against the motion.
1. ROYALTIES FOR THE REGIONS PROGRAM – ROUND 3 ................... 7
T Armit: 17/9/5-06 : #4242319
FENNELL/ BATES That Council: a. Approves the lodgement of an application with the Department of State
Development, Infrastructure and Planning’s Royalties for the Regions Program – Round 3 for the Shields Street Heart Project.
b. Delegates authority to the Chief Executive Officer, in accordance with the
Local Government Act 2009, to finalise any and all matters relating to the abovementioned funding program.
carried
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2. REQUEST TO CHANGE CONDITIONS AND EXTEND RELEVANT
PERIOD OF APPROVAL – MATERIAL CHANGE OF USE (MULTI-
UNIT HOUSING) – 706-718 BRUCE HIGHWAY WOREE – DIVISION 3
CLAUSE 2 MOVED TO THE END OF THE MEETING BEFORE GENERAL BUSINESS
3. MATERIAL CHANGE OF USE (IMPACT) HOUSE – 62 HIBISCUS
LANE HOLLOWAYS BEACH – DIVISION 8 ....................................... 41
D Favier: 8/8/1305 SEDA: #4191901
RICHARDSON / FENNELL That Council approves the development application for a House over land described as Lot 2 on RP711882, located at 62 Hibiscus Lane Holloways Beach, subject to the following: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:
A. ASSESSMENT MANAGER CONDITIONS 1. Carry out the approved development generally in accordance with the
approved drawing(s) and/or document(s), and in accordance with: a. The specifications, facts and circumstances as set out in the
application submitted to Council; and b. The following conditions of approval and the requirements of
Council’s Planning Scheme and the FNQROC Development Manual.
Except where modified by these conditions of approval
Drawing or Document Reference Date
Floor Plans (Hand Edited Building Plan)
Job No. 117 Dwg No. A01 March 1980
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Timing of Effect 2. The conditions of the Development Permit must be effected prior to
Commencement of Use, except where specified otherwise in these conditions of approval.
Lawful Point of Discharge 3. All stormwater from the property must be directed to a lawful point of
discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.
Damage to Infrastructure
4. In the event that any part of Council’s existing sewer, water or road
infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s cost, prior to the Commencement of Use.
Revegetation Plan 5. The foreshore adjacent the property must be returned to a natural state
by:
a. Revegetation with native species that naturally occur along the foreshores of the Cairns region. Only local native species must be used in the revegetation of State Coastal Lands; and
b. Removal of all timber retaining structures located within the
foreshore area outside the property boundary. A revegetation plan must be submitted and endorsed by the Chief
Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the Commencement of Use and must be maintained at all times to the satisfaction of the Chief Executive Officer.
Classification of Buildings and Structures
6. The existing building must be reclassified by a qualified and licensed
Building Certifier. The new classification must be in place prior to Commencement of Use as a House.
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House 7. The lot must not contain more than one (1) House and such House is to
be occupied by one (1) Household. Removal of Redundant Commercial Signage 8. The applicant/owner must remove all redundant commercial signage
associated with the former commercial land use, so that the external façade presents as a House to the satisfaction of the Chief Executive Officer.
RECOMMENDATION B: Rates Notation
1. The following notation will be placed on Council's future rates record: a. “Light and noise of a non-residential nature may emanate from
time to time from the adjacent commercial premises at 100 Oleander Street, Holloways Beach, formally described as Lot 1 on RP711882.
ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act
2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 339 and 341 of the Sustainable Planning Act 2009.
2. All building site managers must take all action necessary to ensure building
materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.
3. This approval does not negate the requirement for compliance with all other
relevant Local Laws and other statutory requirements. 4. For information relating to the Sustainable Planning Act 2009 log on to
www.dsdip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.
LAND USE DEFINITIONS* In accordance with CairnsPlan Planning Scheme the approved land use of a House is defined as: “… the use of premises comprising self-contained accommodation located on a lot for the exclusive residential use of one household. The use includes:
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Outbuildings and structures incidental to and necessarily associated with the residential use;
The care of children in accordance with the Child Care Act 2002;
Accommodation for a member or members of the extended family of the household occupying the house or for personal staff. The accommodation may be self contained, but may not be separately let.
The short term letting of a house for the purpose of holiday rental accommodation.”
carried
4. MATERIAL CHANGE OF USE (IMPACT) –– MULTIPLE DWELLINGS /
HOLIDAY ACCOMMODATION / RESTAURANT / SHOPPING
FACILITIES (0-500M²) / BUSINESS FACILITIES AT 6-8 TRINITY
FENNELL / RICHARDSON That Council approves the development application for Multiple Dwellings, Holiday Accommodation, Restaurant, Shopping Facilities (0-500m²) and Business Facilities over land at 6-8 Trinity Beach Road, Trinity Beach, subject to the following conditions: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:
Drawing or Document
Reference Date
Site Plan Edge Architecture 341 SK1004 DA03 25 November 2013
Site Sketch 01 Edge Architecture 341 SK1005 DA03 25 November 2013
Site Sketch L1 Edge Architecture 341 SK1006 DA03 25 November 2013
Site Sketch L2 Edge Architecture 341 SK1007 DA03 25 November 2013
Plan L1 Ground Edge Architecture 341 SK2001 DA03 25 November 2013
Plan L2 First Floor Edge Architecture 341 SK2002 DA03 25 November 2013
Plan L3 Second Floor
Edge Architecture 341 SK2003 DA03 25 November 2013
Building Elevations Edge Architecture 341 SK3001 DA03 25 November 2013
Building Sections Edge Architecture 341 SK4001 DA03 25 November 2013
Sketch Images Edge Architecture 341 SK Images 01 DA03
25 November 2013
Sketch Images Edge Architecture 341 SK Images 02 DA03
25 November 2013
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Sketch Images Edge Architecture 341 SK Images 03 DA03
25 November 2013
Sketch Images Edge Architecture 341 SK Images 04 DA03
25 November 2013
Sketch Images Edge Architecture 341 SK Images 05 DA03
25 November 2013
Sketch Images Edge Architecture 341 SK Images 06 DA03
25 November 2013
ASSESSMENT MANAGER CONDITIONS 1. Carry out the approved development generally in accordance with the
approved drawing(s) and/or document(s), and in accordance with:- a. The specifications, facts and circumstances as set out in the
application submitted to Council; b. The following conditions of approval and the requirements of Council’s
Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval Timing of Effect 2. The conditions of the Development Permit must be effected prior to
Commencement of Use, except where specified otherwise in these conditions of approval.
Water Supply and Sewerage Works External
3. Undertake the following water supply and sewerage works external to the
site to connect the site to existing water supply and sewerage infrastructure:-
a. Augment existing water supply infrastructure to the extent necessary
such that the development does not adversely affect the water supply to adjacent properties and such that a water service connection can be provided at the lot frontage;
b. Augment existing sewers and pump station downstream of the site, to
the extent required to accommodate the increased flows generated by the development.
The external works outlined above require approval from Council in accordance with Engineering Works on Roads. Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.
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Water Supply and Sewerage Works Internal
4. Undertake the following water supply and sewerage works internal to the
subject land:-
a. The development must be serviced by a single internal water and sewerage connection made clear of any buildings or structures;
b. Water supply sub-metering must be designed and installed in
accordance with The Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008;
c. Any redundant sewer infrastructure shall be decommissioned and
removed. All the above works must be designed and constructed in accordance with
the FNQROC Development Manual. All works must be carried out in accordance with the approved plans, to the
requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.
Damage to Infrastructure
5. In the event that any part of Council’s existing sewer/water infrastructure is
damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developer’s cost, prior to the Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.
Vehicle Wash Bay
6. Any vehicle wash bay must be roofed and bunded and wastewater
discharged through a silt pit to sewer or as otherwise agreed by the Chief Executive Officer.
Refuse Storage
7. Refuse storage is to be by bulk bins only and is required to service the site
in accordance with Council requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.
8. The refuse bin enclosure must be roofed and bunded and fitted with a
bucket trap unless fully enclosed.
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Liquid Waste Disposal 9. Trade waste discharge to sewer must meet the requirements of Cairns Water
and Waste’s Trade Waste Environmental Management Plan (TWEMP). Detailed Hydraulic Plans must be provided accompanied by a report which demonstrates that the facility complies with the TWEMP and must be approved by Council prior to the issue of a Development Permit for Building Work. All measures for pre-treatment in accordance with the approved plans must be installed prior to Commencement of Use.
Limitations on Balcony Screening 10. Street frontage balconies are not to be screened by shutters, glazing,
louvres or similar permanent structures to a greater extent than twenty-five per cent of their horizontal dimension.
Air-Conditioning Screens 11. Air-conditioning units located above ground level and visible from external
properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.
Landscaping Plan 12. The site must be landscaped in accordance with details included on a
Landscaping Plan. The Landscaping Plan must show: a. The species and management of the vegetation proposed of setback
areas where identified. This should include details on the means of irrigation, maintenance and drainage.
b. The species and management of the vegetation proposed to hang over
the western boundary walls adjacent to Lot 0 on BUP70128 (Roydon Apartments) and southern boundary walls adjacent to Lot 6 on RP709732. This should include details on the means of irrigation, maintenance and drainage.
Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.
Vehicle Parking 13. The amount of vehicle parking must be as specified in Council's Planning
Scheme which is a minimum of 20 spaces of which 2 must be provided as visitor spaces.
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The car parking layout must comply with the Australian Standard AS2890.1
2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.
Parking Signage 14. Erect signs advising of the location of the off-street visitor parking area and
access thereto. The signs must be erected prior to Commencement of Use. One (1) sign must be located on the Trinity Beach Road frontage.
Parking Management Plan 15. The Applicant must submit to Council a plan of how parking is to be
managed on and off the site for future operation. This plan must include the following:
a. Details on how the layout and allocation of spaces is capable of
meeting the requirements of the final layout of land uses on the site;
b. Details of any specific allocation of spaces for the different land uses;
c. Details of the proposed garage/barrier door and the timing associated with its operation;
d. Investigate opportunities to improve on street parking on both Trinity
Beach Road and Vasey Esplanade where adjacent to the development site; and
e. If developed concurrently with development approval 8/8/1248 on the
adjacent site, the requirements of Condition 17 (a), (b), (c) and (d) must consider both sites.
The Plan is to be submitted to Council, to the satisfaction of the Chief Executive Officer, prior to the issue of a Certificate of Classification or the Commencement of Use, whichever occurs first. Bicycle Parking 16. Provide secured, on-site bicycle parking in accordance with Table C2.7 of
the AUSTROADS of Guide to Traffic Engineering Practice Part 11 – Parking. The bicycle parking area must be constructed prior to Commencement of Use.
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Internal Vehicle Movements and Access 17. An appropriate traffic management treatment is required to control opposing
vehicle movements on the one-lane ramp, to ensure safe vehicular access to and from the upper floor car park. This should be in the form of the signalised treatment detailed in the ARUP report dated 27 September 2013 or another similar treatment that achieves the same objective to the satisfaction of the Chief Executive Officer prior to the issue of a Development permit for Building Work.
Refuse Collection Access Management 18. The refuse collection area on the western boundary must be designed so
that trucks can enter the site in forward gear and exit in reverse to avoid any potential conflict with traffic flow unless otherwise agreed to by Council.
Lockable Storage 19. Provide each Residential unit with a minimum of 2.5 m² (minimum five (5) m³
volume) of lockable storage space conveniently located with respect to car accommodation.
External Works 20. Undertake the following works external to the land at no cost to Council: a. Construct the footpath of approved surface and treatment from the
building to the street frontage for the full length of the property in accordance with FNQROC Development Manual Standard Drawing S1035. Where required kerb ramps must be appropriately graded so as not to create a hazard and where required, be fitted with Tactile Ground Surface Indicators in accordance with Australian Standard AS1428.4: 2002 Design for Access and Mobility Part 4: Tactile Indicators;
b. Any stepped kerb must be finished in accordance with the FNQROC
Development Manual Standard Drawing S1035 with provision made for ramps to the finished road surface level at points approved by Council;
c. Provision of a concrete crossover in accordance with FNQROC
Development Manual Standard Drawing S1015 for the entry point for the proposed refuse collection area. The dominant grade of the crossover should be that of the adjacent pedestrian footpath to maintain safe pedestrian function of the footpath.
d. Make good the kerb(s) at redundant crossover(s);
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e. Street lighting is to be upgraded to Lighting Category V5 along the
Trinity Beach Road frontage. The new Rate 2 street lighting is to be designed in accordance with Section D8 of FNQROC Development Manual and the relevant Road Lighting Standard AS/NZS 1158 integrating with the lighting scheme for Lots 1-3 on RP709732. Lighting columns are to be of steel construction with Metal Halide luminaires and underground service.
f. Repair any damage to existing kerb and channel, footway or roadway
(including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development;
All works in the road reserve need to be properly separated from pedestrians and vehicles, with any diversions adequately signed and guarded. Particular attention must be given to providing safe passage for people with disabilities ie the provision of temporary kerb ramps if pedestrian diversions are necessary.
The external works outlined above require approval from Council in accordance with Local Law No.1 (Administration) and Local Law No.4 (Local Government Controlled Areas, Facilities and Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.
Lighting 21. All lighting installed upon the premises including car parking areas must be
certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.
Lawful Point of Discharge 22. All stormwater from the property must be directed to a lawful point of
discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.
Ponding and/or Concentration of Stormwater 23. The proposed development is not to create ponding nuisances and/or
concentration of stormwater flows to adjoining properties.
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Sediment and Erosion Control 24. Soil and water management measures must be installed / implemented prior
to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).
Details of Development Signage 25. The development must provide clear and legible signage incorporating the
street number for the benefit of the public. Construction Signage 26. Prior to the commencement of any construction works associated with the
development, a sign detailing the project team must be placed on the road frontage of the site and must be located in a prominent position. The sign must detail the relevant project coordinator for the works being undertaken on the site, and must list the following parties (where relevant) including telephone contacts:
a. Developer; b Project Coordinator; c. Architect / Building Designer; d. Builder; e. Civil Engineer; f. Civil Contractor; g. Landscape Architect Amalgamation of Lots Required 27. The applicant/owner is to ensure that the subject lots are held together as
one site for the duration of the approved land use. This is to be achieved through the amalgamation of Lots 4 and 5 on RP709732 into one (1) lot. The Plan of Survey must be registered with the Department of Natural Resources & Mines and a new certificate of title issued at the applicant's/owner's cost prior to Commencement of Use.
Electricity and Telecommunications 28. All existing overhead electricity and telecommunication services along
Trinity Beach Road must be placed underground to the full extent of the development’s frontage. Where the electrical load of the development necessitates the installation of a transformer as part of any required Network upgrade by Ergon Energy then a padmount transformer substation is to be installed within the development site.
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Written evidence of negotiations with Ergon Energy and the telecommunication authority must be submitted to Council stating that both electricity supply and telecommunications service will be provided to the development and where required that the proposed location and housing of the padmount transformer is appropriate.
The DA condition relating to the street lighting and electricity supply must be provided to Ergon Energy at the same time as the application for power supply.
Health Requirements 29. Premises intended to be used for the storage, preparation, handling, packing
and/or service of food must comply with the requirements of the Food Act 2006 and the Food Standards Code.
30. Noise from air-conditioning units, swimming and spa 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 Chapter 8 Part 3B of the Environmental Protection Act 1994.
Development Sequencing 31. If the Development on Lots 4 and 5 on RP709732 (8/8/1293) is developed
concurrently with the Development on Lots 1-3 on RP709732 (8/8/1248), one of the following is required to occur:
a. The applicant/owner is to amalgamate Lots 1-5 on RP709732 into one
(1) lot. The Plan of Survey must be registered with the Department of Natural Resources & Mines and a new certificate of title issued at the applicant's/owner's cost prior to Commencement of Use.
OR b. Create a reciprocal Access Easement to allow vehicle access and on-
site manoeuvring reflecting the Approved Edge Architecture Plans entitled Site Sketch’s 341 SK1006 and SK1007 dated 25 November 2013 and approved arrangement for Lots 1-5 on RP709732 to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.
OR
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c. That a Volumetric Building Format Plan is registered over Lots 1-5 on
RP709732 that identifies the shared access as common property between the two developments to the requirements and satisfaction of the Chief Executive Officer. A copy of the Building Format Plan must be submitted to Council for approval. The Building Format Plan must be registered with the Department of Natural Resources & Mines and a new certificate of title issued at the applicant's/owner's cost prior to Commencement of Use.
32. If the Development on Lots 4 and 5 on RP709732 (8/8/1293) is NOT
developed concurrently with the Development on Lots 1-3 on RP709732 (8/8/1248) the applicant/owner is required to submit a request to change application for 8/8/1293 to reflect an amended design for the proposal that is independent of the adjacent development (8/8/1248). Design considerations for the change are to address access to the site, parking arrangements and the design of the eastern boundary of the development that adjoins Lot 1-3 on RP709732.
ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act
2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of the Sustainable Planning Act 2009 Sustainable Planning Act 2009 and 3.5.21 of the Integrated Planning Act 2007.
2. All building site managers must take all action necessary to ensure building
materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.
3. This approval does not negate the requirement for compliance with all other
relevant Local Laws and other statutory requirements. Infrastructure Charges Notice 4. A charge levied for the supply of trunk infrastructure is payable to Council
towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.
The amount in the Adopted Infrastructure Charges Notice has been
calculated according to Council’s Adopted Infrastructure Charges Resolution.
Please note that this Decision Notice and the Adopted Infrastructure
Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.
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The amount in the Adopted Infrastructure Charges Notice is subject to index
adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amount prior to payment.
The time when payment is due is contained in the Adopted Infrastructure
Charges Notice. 5. For information relating to the Sustainable Planning Act 2009 log on to
www.dsdip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.
carried
5. REQUEST TO CHANGE EXISTING APPROVAL – MATERIAL CHANGE
OF USE (MULTIPLE DWELLINGS / HOLIDAY ACCOMMODATION /
FENNELL / RICHARDSON That Council approves the Request to Change the approval for 8/8/1248 for Multiple Dwellings / Holiday Accommodation / Restaurants / Shopping Facilities, over land described as Lots 1-3 on RP709732 located at the corner of Vasey Esplanade and Trinity Beach Road, Trinity Beach subject to the following: 1. That the approved plans/drawings be amended as follows:
Drawing or Document
Reference Date
Ground Floor Plan Edge Architecture 0297 SK2001 Rev DA01
10 December 2012
First Floor Plan Edge Architecture 0297 SK2002 Rev DA01
10 December 2012
Second Floor Plan Edge Architecture 0297 SK2003 Rev DA01
10 December 2012
Roof Plan Edge Architecture 0297 SK2004 Rev DA01
10 December 2012
Site Sketch 01
Edge Architecture 341 SK1005 DA03 25 November 2013
Site Sketch L1 Ground Combined
Edge Architecture 341 SK1006 DA03 25 November 2013
Site Sketch L2
Edge Architecture 341 SK1007 DA03 25 November 2013
3D Images Edge Architecture 0297 SK Images 15 Rev DA01
10 December 2012
2. That Condition 15 be amended as follows: Vehicle Parking 15. The amount of vehicle parking must be a minimum of 21 26 spaces.
The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.
3. That Condition 17 be amended as follows: Parking Management Plan
17. The Applicant must submit to Council a plan of how parking is to be managed on and off the site for future operation. This plan must include the following:
a. Details on how the layout and allocation of spaces is capable of
meeting the requirements of the final layout of land uses on the site;
b. Details of any specific allocation of spaces for the different land
uses;
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c. Details of the proposed garage/barrier door and the timing
associated with its operation; d. Investigate opportunities to improve on street parking on both
Trinity Beach Road and Vasey Esplanade where adjacent to the development site; and
e. If developed concurrently with development approval 8/8/1293 on
the adjacent site, the requirements of Condition 17 (a), (b), (c) and (d) must consider both sites.
The Plan is to be submitted to Council, to the satisfaction of the Chief
Executive Officer, prior to the issue of a Certificate of Classification or the Commencement of Use, whichever occurs first.
4. That Condition 18 be amended as follows: External Works 18. Undertake the following works external to the land at no cost to
Council: a. Construct the footpath of approved surface and treatment from the
building to the street frontage for the full length of the property in accordance with FNQROC Development Manual Standard Drawing S1035. Where required kerb ramps must be appropriately graded so as not to create a hazard and where required, be fitted with Tactile Ground Surface Indicators in accordance with Australian Standard AS1428.4: 2002 Design for Access and Mobility Part 4: Tactile Indicators;
b. The stepped kerb must be finished in accordance with the
FNQROC Development Manual Standard Drawing S1035 with provision made for ramps to the finished road surface level at points approved by Council;
c. Place bollards of an approved finish down both Trinity Beach
Road and Vasey Esplanade for a length of 12 m back from the corner (existing kerb);
d. Provision of a concrete crossover in accordance with FNQROC
Development Manual Standard Drawing S1015 for the entry point for the proposed parking area;
e. Make good the kerb(s) at redundant crossover(s); f. Make alternate provisions for the power pole at the front of the
subject land;
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g. Upgrade the street lighting to comply with requirements of the
FNQROC Development Manual; Street lighting is to be upgraded to Lighting Category V5 along the Trinity Beach Road frontage and Vasey Esplanade intersection for a distance equivalent to at least two spans either side of the junction. The new Rate 2 street lighting is to be designed in accordance with Section D8 of FNQROC Development Manual and the relevant Road Lighting Standard AS/NZS 1158. Lighting columns are to be of steel construction with Metal Halide luminaires and underground service.
h. Repair any damage to existing kerb and channel, footway or
roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development;
i. The area immediately in front of the building on the Trinity Beach
Road frontage from the west of the existing speed bump is to be formalised into a loading zone and is not suitable for car parking of any length of time; and
j. Erect traffic / parking signs outside the subject land where
necessary to reflect these arrangements.
All works in the road reserve need to be properly separated from pedestrians and vehicles, with any diversions adequately signed and guarded. Particular attention must be given to providing safe passage for people with disabilities ie the provision of temporary kerb ramps if pedestrian diversions are necessary.
Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.
5. That Condition 24 be amended as follows: Electricity and Telecommunications
24. All existing overhead electricity and telecommunication services along Trinity Beach Road and Vasey Esplanade must be placed underground to the full extent of the development’s frontages. Where the electrical load for the development necessitates the installation of a transformer as part of any required Network upgrade by Ergon Energy then a padmount transformer substation is to be installed within the development site.
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Written evidence of negotiations with Ergon Energy and the telecommunication authority must be submitted to Council stating that both electricity supply and telecommunications service will be provided to the development and that the proposed location and housing of the padmount transformer is appropriate. The DA condition relating to the street lighting and electricity supply must be provided to Ergon Energy at the same time as the application for power supply.
6. That the following Conditions be included in the schedule of Conditions: Development Sequencing and Access Arrangements 25. If the Development on Lots 1-3 on RP709732 (8/8/1248) is developed
concurrently with the Development on Lots 4 and 5 on RP709732 (8/8/1293), one of the following is required to occur:
b. The applicant/owner is to amalgamate Lots 1-5 on RP709732 into one
(1) lot. The Plan of Survey must be registered with the Department of Natural Resources & Mines and a new certificate of title issued at the applicant's/owner's cost prior to Commencement of Use.
OR b. Create a reciprocal Access Easement to allow vehicle access and on-
site manoeuvring reflecting the Approved Edge Architecture Plans entitled Site Sketch’s 341 SK1006 and SK1007 dated 25 November 2013 and approved arrangement for Lots 1-5 on RP709732 to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.
OR c. That a Volumetric Building Format Plan is registered over Lots 1-5 on
RP709732 that identifies the shared access as common property between the two developments to the requirements and satisfaction of the Chief Executive Officer. A copy of the Building Format Plan must be submitted to Council for approval. The Building Format Plan must be registered with the Department of Natural Resources & Mines and a new certificate of title issued at the applicant's/owner's cost prior to Commencement of Use.
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26. If the Development on Lots 1-3 on RP709732 (8/8/1248) is NOT developed
concurrently with the Development on Lots 4 and 5 on RP709732 (8/8/1293) the applicant/owner is required to submit a request to change application for 8/8/1248 to reflect an amended design for the proposal that is independent of the adjacent development (8/8/1293). Design considerations for the change are to address internal access, parking arrangements and the design of the western boundary of the development that adjoins Lot 4 on RP709732.
7. That all remaining Conditions, Advice Notes, Developer Contributions for
existing approval for DA 8/8/1248 for Multiple Dwellings / Holiday Accommodation / Restaurants / Shopping Facilities, over land described as Lots 1-3 on RP709732 located at the corner of Vasey Esplanade and Trinity Beach Road, Trinity Beach remain unchanged.
carried
6. RECONFIGURING A LOT (2 LOTS INTO 88 LOTS AND PARK) –
MORONEY AVENUE AND PETERSEN ROAD EDMONTON – DIVISION
ASSESSMENT MANAGER CONDITIONS 1. Carry out the approved development generally in accordance with the
approved drawing(s) and/or document(s), and in accordance with:- a. The specifications, facts and circumstances as set out in the
application submitted to Council;
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b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.
Except where modified by these conditions of approval Timing of Effect 2. The conditions of the Development Permit must be effected prior to
Commencement of Use, except where specified otherwise in these conditions of approval.
Operational Works 3. An Operational Works Approval is required for the bridge that connects
to Moroney Avenue to the north, the internal road network, excavation and earthworks and water and sewer works associated with the development.
Such works must be completed to the satisfaction of the Chief
Executive Officer prior to the issue of a Compliance Certificate for the Plan of Survey. Where plans are required, three (3) A1 size copies of the plans and one (1) copy at A3 size must be submitted to Council.
Water Supply & Sewerage Master Plan
4. An updated Water Supply and Sewerage Master Plan accompanied by
supporting calculations must be provided which demonstrates how the development can be serviced.
The Water Supply and Sewerage Master Plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.
Water Supply and Sewerage Works External
5. Undertake the following water supply and sewerage works external to
the site to connect the site to existing water supply and sewerage infrastructure:-
a. Extend water and sewer infrastructure to connect the site to
Council’s existing water and sewer infrastructure at a point that has sufficient capacity to service the development.
Three (3) copies of a plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.
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All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer, prior to issue of a Compliance Certificate for the Plan of Survey.
Water Supply and Sewerage Works Internal
6. Undertake the following water supply and sewerage works internal to
the subject land:-
a. Provide a single internal sewer connection to each lot in accordance with the FNQROC Development Manual;
b. Extend water mains such that each allotment can be provided with
a water service connection to the lot frontage;
c. Provide easements having a nominal width of 3m over sewers which are on a non-standard alignment.
All the above works must be designed and constructed in accordance with the FNQROC Development Manual.
Three (3) copies of a plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.
All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to issue of a Compliance Certificate for the Plan of Survey.
Inspection of Sewers
7. CCTV inspections of all constructed sewers must be undertaken. An
assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Identified defects are to be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to issue of a Compliance Certificate for the Plan of Survey.
Damage to Infrastructure
8. In the event that any part of Council’s existing sewer/water
infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developer’s cost, prior to the commencement of use.
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Street Layout and Design 9. The street layout and design must comply with Queensland Streets and
the FNQROC Development Manual, to the satisfaction of the Chief Executive Officer. In particular:
a. The road layout and formation shall allow for an interim road
connection between the two parcels separated by the land for the future four lane network road. This road connection, including associated footpath, lighting and drainage infrastructure, shall be designed and constructed considering the ultimate configuration of the intersection and pedestrian underpass, to minimise redundant infrastructure when the future network road is built. The unneeded parts of the interim road connection shall be removed when the future network road is constructed, and left in, left out and right in only access shall be provided for both sides of the development, being access to and from the network road.
b. The provision of a two (2) metre wide footpath is to be constructed
within all streets and roads as identified as “Potential Pedestrian Route” on RPS Mountain View Estate Drawing No: 8164-99 Rev E dated 16 December 2013.
Accordingly, it is expected that the scope of external roadworks will
incorporate:
i. A full detail design and costing for the future Trunk Road (Deppeler Road) to a Type 9 median divided 4 lane road including provision for turning lanes, dedicated cycle lanes and transitions.
ii. The design of the future network road shall be generally in
accordance with RPS Mountain View Estate Drawing No: 8164-99 Rev E dated 16 December 2013. The design alignment (both horizontal and vertical) shall allow for the logical future extension to connect to the Deppeler Road West network road fronting the future Catholic School (Lot 3 on SP211755).
The design must include consideration of drainage from the adjacent upslope catchments, the impact of cut and fill batters on adjacent Lots, footpath grades to the future pedestrian underpass, and future drainage and lighting requirements. Final design parameters are to be agreed with Council prior to commencing the detailed design.
An additional plan incorporating the interim road connection identified
above must be submitted prior to the issue of a Development Permit for Operational Works.
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Future Pedestrian Underpass 10. As identified on RPS Mountain View Estate Drawing No: 8164-99 Rev E
dated 16 December 2013 it is noted that the 50 metre ramp proposed on both approaches to the proposed underpass may impact on of Lots 5,6, 82, 83 and 84.
A preliminary detailed design plan of the proposed underpass which
identifies the extent of earthworks and impact to above-mentioned lots is required to be submitted prior to the issue of a Development Permit for Operational Works.
Infrastructure Agreement 11. An infrastructure Agreement will be required between Council and the
developer for the future network road and pedestrian underpass as identified on RPS Mountain View Estate Drawing No: 8164-99 Rev E dated 16 December 2013.
It is noted that the future network road is considered trunk
Infrastructure (with the exception of the future left in, left out and right in only access provided for both sides of the development). The pedestrian underpass, being solely a requirement and result of the development is not trunk infrastructure and therefore not creditable.
The two areas of the development (split by the future network road) are
ultimately to be serviced by a future left in, left out and right in only access for both sides of the development. Traffic signals shall not be installed at this intersection.
The final extent of works for construction and value of the
infrastructure must be determined by the Chief Executive Officer prior to the approval of a Development Permit to carry out Operational Works or based on an agreed process and staged approach.
Community Purpose/Park Infrastructure – Local Park 12. The identified areas of park on RPS Mountain View Estate Drawing No:
8164-99 Rev E dated 16 December 2013 must be transferred to the Crown for Public Use Land – Park in accordance with the Planning Scheme Policy. 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 Environment & Resource Management .
13. Where improvements are proposed to the park, the applicant is to
provide Council with a plan detailing the improvements proposed. It is noted that the proposed park is defined under the Cairns Public Open Space Policy as a Local Park. The minimum desired embellishment standards for Local Parks are provided following and should be used as a guide in any detailed improvement plan for the park.
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(a) Bollards preventing vehicular access to the park; (b) One drinking fountain/tap combo; (c) Indication of all turfed areas and landscaped areas;
(d) Minimum of one Playground equipment area to be suitably located in terms of flood immunity and accessibility;
(e) Minimum of 1 bin (preferably located adjacent to the picnic set); (f) One picnic table and associated seating located in proximity to the
play area; (g) Two seats in other locations; (h) Shade structures required over the playground and picnic table; (i) Landscaping including turfed areas, ornamental plantings, shade
trees and buffer planting with native species; (j) Removal of all pest plants; (k) Indicate outline of informal kick around area
For any proposed improvement plan, three (3) copies of the plans must be provided and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.
Park improvements must be completed to the satisfaction of the Chief
Executive Officer in accordance with the park improvement plan and the FNQROC Development Manual, Design Guideline D9 – 01/09, Landscaping. The park improvements must be completed prior to the issue of a Compliance Certificate for the Plan of Survey.
Landscape Plan 14. Undertake landscaping of the site and street frontages of new roads in
accordance with FNQROC Development Manual and in accordance with a landscape plan. The landscape plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Work. In particular, the plan must show:
a. Planting of the footpath with trees, using appropriate species with
regard to any overhead powerline constraints; b. The provision of shade trees, especially in parks; c. Inclusion of all requirements as detailed in other relevant
conditions included in this Approval, with a copy of this Development Approval to be given to the applicant’s Landscape Architect / Designer.
Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. Areas to be landscaped must be established prior to approval and dating of the Plan of Survey and must be maintained for the duration of the on-maintenance period to the satisfaction of the Chief Executive Officer.
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Vegetation Clearing
15. Existing vegetation on the subject land must be retained in all areas except those affected by construction of roadworks / access driveways and/or installation of services as detailed on the approved plans as stated in this approval. 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.
Statutory Covenant for Environmental Purposes 16. A Statutory Covenant for Environmental Purposes (generally detailing
all native vegetation is to be retained with the exception of overgrown grass and dangerous, diseased, dying or dead plants or branches), must be registered over Lots 54-61 as detailed on RPS Mountain View Estate Drawing No: 8164-99 Rev E dated 16 December 2013. The Covenant is to be registered at the same time of registering of the Plan of Survey with the Department of Environment & Resource Management. The covenant is required to include the following clauses:
a. The covenantor must not use the land or undertake operational
works or building works in a way that interferes with or destroys any endemic vegetation, including undergrowth and regrowth, in the covenant area.
b. The covenantor must not use the covenant area for construction
of improvements or the erection of buildings or for storage of materials.
c. The covenantor must not alter the drainage patterns of stormwater
across the land or impede natural flows. d. The covenantor must not carry out any landscaping within the
covenant area or allow the introduction of non-endemic plant species into the area.
e. The covenantor must allow free movement of all natural wildlife in
the covenant area and not allow household pets to enter the area. For the movement of native fauna and for stormwater purposes, fences must have a eighty per cent permeable area (such as post and rail type fencing, or post and wire strand type fencing for side boundary fencing only. No fencing is permitted within the bed of the gully / creek.
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When fencing for domestic animals, pool type fencing must be
constructed along the boundary between the rear of the garden and the front of the covenant area. This fence may include an access gate for pedestrian use only. Vehicles must not enter into the covenant area.
f. The covenantor may apply to the council for a permit to remove
vegetation that poses an immediate and severe hazard to the dwelling or the occupants of the lot.
g. The covenant area must be maintained in its natural state. Garden
waste and any other waste must not be disposed of or stored within this area. Overgrown grass may be removed to minimise the fire risk. Other plant material, dead or alive must not be removed as this performs a habitat function in the ecosystem.
h. Existing native and mature vegetation shall only be removed with
the prior written consent of the Chief Executive Officer. All vegetation proposed for removal shall be marked by the applicant / owner and approved by Council Officers prior to being removed. Council’s Development Assessment Branch is to be notified of the proposed date of commencement of any approved vegetation clearing.
Building Envelope Plan 17. A building envelope plan for proposed Lots 50, 51, 52, 53, 54, 55, 56, 77,
78, 79 and 80 must be lodged with Council prior to approval and dating of the Plan of Survey. The building envelope plan must comply with the following requirements:
a. The building envelope must be pegged on site to the requirements
and satisfaction of the Chief Executive Officer; b. No building setback shall be closer than 1.5 metres to a completed
sewer main; c. No building envelope shall extend into an existing or proposed
easement; d. No building envelope shall contain slopes in excess of 1:3 and
contain limited areas having slopes between 1:4 and 1:6; e. A suitable building envelope, which seeks to exclude all or most
significant vegetation, must be identified for each new allotment. The vegetation which is approved to be cleared must be removed prior to the issue of a Compliance Certificate for the Plan of Survey;
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f. The building envelope must be clear of the sewer unless
alternative arrangements are made to make the existing sewer line redundant to the satisfaction of the Chief Executive Officer;
g. Building envelopes must be located to accommodate any
necessary set-backs from drainage paths and sewerage soakage envelopes;
h. The building envelope plan must show the actual edge of the
existing drainage path;
The applicant / owner must also ensure that the endorsed building envelope plans are made known to all prospective purchasers of the lots.
Proposed clearing on these lots is to be nominated on the engineering
drawings submitted for Operational Works approval. The boundary of building envelopes must be delineated with marker
pegs prior to any removal of vegetation. Driveway access corridors must also be clearly marked within the designated vegetation retention areas.
Batter Treatment 18. The height of batters / retaining structures shall be generally limited to
1.8 metres with a total height of 3.6 metres in successive batters. All batters must be constructed in a manner that minimises the construction footprint and has the ability to be screened.
Typical details of the various methods to be used to achieve this must
be submitted to Council in conjunction with seeking a Development Permit for Operational Works. In instances where batters will exceed 1.8 metres in height, Council will require details to be submitted that include, but are not limited to, the following:
a. Details of the specific means of supporting or retaining to be used.
This must include a geotechnical report supporting each of the proposed treatments at each location;
b. Drawings (plans, longitudinal and cross sections) showing the
extent of the proposed treatments at each location; c. Methods to be used to minimise the visual impact; and d. Elevations showing the visual impact when viewed from vantage
points.
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A geotechnical assessment by a qualified and experienced
geotechnical consultant must also be submitted with the application for Operational Works, with a final geotechnical report to be endorsed by the Chief Executive Officer prior to the issue of a Compliance Certificate for the Plan of Survey.
Plan of Drainage Works 19. 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:
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 ninety-five per cent of all foreign
matter with a minimum dimension of three (3) mm 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 three (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; and d. Where practical, all new allotments must be drained to the road
frontages, drainage easements or drainage reserves and discharged to the existing drainage system via storm water quality device(s).
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Sediment and Erosion Control 20. A sediment and erosion control plan must be submitted prior the issue
of a Development Permit for Operational Works. Such plans 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).
Lawful Point of Discharge 21. All stormwater from the property must be directed to a lawful point of
discharge such that it does not adversely affect surrounding properties or properties downstream from the development to the requirements and satisfaction of the Chief Executive Officer.
Electricity Supply 22. Written evidence from Ergon Energy advising if distribution
substation/s are required within the development must be provided. 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.
Electricity and Telecommunications 23. Written evidence of negotiations with Ergon Energy and the
telecommunication authority must be submitted to Council stating that both an underground electricity supply and telecommunications service will be provided to the development prior to the issue of a Compliance Certificate for the Plan of Survey.
Street Lighting 24. The following arrangements for the installation of street lighting within
the proposed subdivision must be provided prior to the issue of a Compliance Certificate for the Plan of Survey:
a. Prior to the issue of a development permit for Operational Works a
Rate 2 lighting scheme is to be prepared by an Ergon Energy approved consultant and submitted to the Chief Executive Officer for approval. The Rate 2 lighting scheme is to be designed in accordance with the relevant Road Lighting Standard AS/NZS 1158 and the FNQROC Development Manual.
The applicable lighting category is to be determined from the Road
Hierarchy Table D1.1 and the corresponding applicable Lighting
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Categories Table D8.1 as identified in the FNQROC Development Manual. The lighting design is to detail the proposed light pole locations and demonstrate that there are no clashes with other infrastructure assets.
The design must provide the applicable illumination level specified
in the Road Lighting Standard AS/NZS 1158 at the following road elements:
LATM Devices are to be shown on the civil layout design, the
electrical services and street lighting design must be submitted in accordance with Ergon Energy’s latest Distribution Design Drafting Standard.
b. Prior to the issue of a Compliance Certificate for the Plan of Survey
written confirmation that the relevant capital contribution required by Ergon Energy has been paid must be submitted, to ensure that the street lighting will be constructed.
c. Where a new intersection is formed on an existing roadway for the
purpose of accessing a new subdivision development, the intersection and existing road approaches must be provided with street lighting for a distance equivalent to at least two (2) spans either side of the intersection to the relevant Lighting Category.
d. Where an existing intersection is required to be upgraded as part
of a development approval, the intersection and existing road approaches must be provided with street lighting for a distance equivalent to at least two (2) spans either side of the intersection to the relevant Lighting Category.
RECOMMENDATION B: Rates Notations 1. The following notation will be placed on Council's future rates record
for the proposed Lots 1 - 88 on RPS Mountain View Estate Drawing No: 8164-99 Rev E dated 16 December 2013:
a. A future network road will occur through the estate (DA 8/13/1736)
as identified on RPS Mountain View Estate Drawing No: 8164-99 Rev E dated 16 December 2013. This will result in changes to the access and egress arrangements to parts of the estate.
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b. Direct access from the network road or the network road corridor
to any Lots adjoining the network road or the network road corridor is not permitted. All direct access to Lots is only permitted via the internal residential street network.
2. The following notation will be placed on Council's future rates record
for proposed Lots 4-12, 42-53, 65-75 and 82-88 (or subsequent numbered lots in the location of these lots) on RPS Mountain View Estate Drawing No: 8164-99 Rev E dated 16 December 2013:
a. This Lot is located adjacent to areas identified for significant
future earthworks required for the future network road. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS
Concurrency Agency
Concurrence Agency Reference Date Council Electronic Reference
DNRM eLVAS: 20131005218 18/09/2013 4195208
Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act
2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 339 and 341 of the Sustainable Planning Act 2009 Sustainable Planning Act 2009 and 3.5.21 of the Integrated Planning Act 2007.
2. All building site managers must take all action necessary to ensure building
materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.
3. This approval does not negate the requirement for compliance with all other
relevant Local Laws and other statutory requirements. Infrastructure Charges Notice 4. A charge levied for the supply of trunk infrastructure is payable to Council
towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.
The amount in the Adopted Infrastructure Charges Notice has been
calculated according to Council’s Adopted Infrastructure Charges Resolution.
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Please note that this Decision Notice and the Adopted Infrastructure
Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.
The amount in the Adopted Infrastructure Charges Notice is subject to index
adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amount prior to payment.
The time when payment is due is contained in the Adopted Infrastructure
Charges Notice. 5. For information relating to the Sustainable Planning Act 2009 log on to
www.dsdip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.
carried
7. GREAT BARRIER REEF STRATEGIC ASSESSMENT ..................... 144
S. Palmer: 8/24/18-01: #4222505
JAMES / SCHILLING That Council endorses the submission on the Great Barrier Reef Strategic Assessment and delegates authority to the Chief Executive Officer to finalise any amendments required following receipt of the LGAQ submission
carried
8. CATTANA WETLANDS MEMORIAL GARDEN................................. 154
Luke Jackson (LMJ): 10/23/37: #4118984v3
RICHARDSON / FENNELL That Council designates an area within the Cattana Wetlands at Lot 2 RP 865122 for the purpose of a Memorial Garden, subject to the following requirements: a. trees to be planted must be native species endemic to the region as
approved by officers within the Parks and Leisure Branch; b. personalised name plaques are not permitted; c. a single tree or plant per person is permitted to be planted in the garden
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d. a memorial/plaque is placed in the area by Council acknowledging the purpose of the space.
carried
9. PROPOSED TENURE ARRANGEMENT FOR LOT 234 ON SP122860,
WATTLE STREET RESERVE, YORKEYS KNOB ............................. 161
Tim Dendle: 10/2/1-33: #4231937
RICHARDSON / FENNELL That Council: a. enters into an Agreement to Grant Lease with the Northern Beaches Rugby
Union Club for the issue of a trustee lease over part of Lot 234 on SP122860, Wattle Street, Yorkeys Knob subject to:
finalisation of all Native Title considerations over the reserve;
trustee lease terms and conditions being in accordance with Council’s General Policy for Managing Tenure over Council owned or controlled land (1:02:45);
Council’s Standard Terms Document for Trustee Leasing and the State’s Mandatory Standard Terms Document for a Trustee Lease; and
b. delegates authority to the Chief Executive Officer, in accordance with the
Local Government Act 2009 to negotiate and finalise any and all matters associated with the Agreement to Grant Lease and proposed trustee lease.
carried
10. RATES BASED FINANCIAL ASSISTANCE TO NOT FOR PROFIT
RECREATION, SPORTING & COMMUNITY GROUPS FOR 2013/2014
a. grants Rates Based Financial Assistance (RBFA) of $347,096.19 to Not for Profit Recreation, Sporting & Community Groups for the half year ended 30 June 2014 and the amounts specified in the schedules attached to the report be credited to the respective rate files in line with policy.
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b. approves a further $19,760.13 be provided for the Cairns Show Association to 30 June 2014 and that subsequent rates assistance be approved for the term of the Resource and Performance Agreement to be funded from the RBFA budget allocation.
c. delegates authority to the Chief Executive Officer in accordance with the
Local Government Act 2009 to approve any late applications (to a maximum of $10,000).
carried
11. CAIRNS REGIONAL COUNCIL FOURTH BUDGET REVIEW 2013/14
………………………………………………………………………………………….179
Lisa Whitton: 17/9/27-01: #4239482
COOPER /SCHILLING That the budgeted Financial Statements prepared for the Fourth Budget Review 2013/14 be adopted by Council.
carried
12. AUDITOR-GENERAL’S OBSERVATION REPORT ON THE AUDIT OF
SCHILLING / O’HALLORAN That Council approves the Request to Change Conditions and the Request to Extend the Relevant Period for the above application, over land described as Lot 1 on RP730854 located adjacent the 706-718 Bruce Highway, Woree, subject to the following: 1. Extend the Relevant Period for four (4) years up to and including 3 February
2018; 2. Replace the “Approved Drawing(s) and Document(s)” schedule within the
current Decision Notice 8/7/877 (# 3477733) and dated 3 February 2012 with the following “Approved Drawing(s) and Document(s)” schedule:
Drawing or Document Reference Date
Building and Stage Schedule G:\2012\12045 – Sunset Driveinn\Documents\12045 Unit Numbers – June 2013
June 2013
Staging Plan Job: TP-12045 Dwg: TP08 Iss: G 28 June 2013
Site Entry Layout Plan Job: TP-12045 Dwg: TP47 Iss: G 28 June 2013
Ground Floor and Site Plan Job: TP-12045 Dwg: TP03 Iss: G 28 June 2013
Ground Floor and Site – Apartment Layout
Job: TP-12045 Dwg: TP09 Iss: G 28 June 2013
First Floor Plan Job: TP-12045 Dwg: TP04 Iss: G 28 June 2013
First Floor – Apartment Layout
Job: TP-12045 Dwg: TP10 Iss: G 28 June 2013
Second Floor Plan Job: TP-12045 Dwg: TP05 Iss: G 28 June 2013
Second Floor – Apartment Layout
Job: TP-12045 Dwg: TP11 Iss: G 28 June 2013
Third Floor Plan Job: TP-12045 Dwg: TP06 Iss: G 28 June 2013
Third Floor – Apartment Layout
Job: TP-12045 Dwg: TP12 Iss: G 28 June 2013
Building Type 1 Elevation Plan
Job: TP-12045 Dwg: TP28 Iss: G 28 June 2013
Semi Basement Floor Plan – Stage 1
Job: TP-12045 Dwg: TP43 Iss: G 28 June 2013
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Semi Basement Floor Plan – Stage 2
Job: TP-12045 Dwg: TP44 Iss: G 28 June 2013
Semi Basement Floor Plan – Stage 3
Job: TP-12045 Dwg: TP45 Iss: G 28 June 2013
Semi Basement Floor Plan – Stage 4
Job: TP-12045 Dwg: TP46 Iss: G 28 June 2013
3. Replace “Appendix 1 – Approved Plans” under the current Decision Notice
8/7/877 (#3477733) and dated 3 February 2012 with the amended approved plans Attached as Appendix 1 to this report;
4. The following conditions under the current Decision Notice 8/7/877
(#3477733) and dated 3 February 2012 are amended to reflect the amended Approved Plans as follows:
Parking 9. The amount of vehicle parking must be as specified in Council's
Planning Scheme which is a minimum of eight hundred and ninety four (894) seven hundred and eighty (780) spaces.
Bicycle Parking 14. The applicant/owner must ensure the provision of secured, on-site
bicycle parking in accordance with Table 10-1 C2.7 of AUSTROADS Guide to Traffic Engineering Practice Part 14 – Bicycles Management Part 11: Parking. Based on the provisions in Table 10-1 C2.7 (page 133 90) the minimum number of parking spaces required for this development is 171 two hundred and fifty nine (259) spaces. The bicycle parking area must be constructed prior to Commencement of Use.
5. Update the Developer Contributions in accordance with the Adopted
Infrastructure Charges Notice attached as Appendix 2 to the report; and 6. All other Conditions of Decision Notice 8/7/877 (#3477733), dated 3 February
2012 remain unchanged.
carried
Cr James returned to the meeting at 9:30 am
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GENERAL BUSINESS THE NEW RESCISSION MOTION WAS CONSIDERED NOW
1. LAKE MORRIS ROAD – PROPOSED ROAD SAFETY IMPROVEMENTS
SCHILLING / JAMES That Council: 1. Approves road safety works on Lake Morris Road as recommended by the
October 2013 Road Safety Audit; 2. Approves funding for the proposed works to be brought forward from the
2014/15 financial year to the 2013/14 financial year; 3. Requests management to bring forward a report on conducting community
based recreational activities in and around Lake Morris for consideration by Council in April 2014; and
4. Defers consideration of any trial traffic restriction until Council considers
this report and the impacts the report recommendations may have on traffic conditions on Lake Morris Road.
carried
CLOSED SESSION
SCHILLING / O’HALLORAN
COUNCIL/COMMITTEE RESOLVE INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA:
WATER SUPPLY UPGRADE – DIVISION 9 ......................................... 3 S Kinnane - 24/18/104 #4188037v4
FENNELL / SCHILLING That Council: 1. Awards Contract 75383 – Stanton Road Water Supply Upgrade, to Koppens
Developments Pty Ltd for the lump sum of $1,204,579 ex-gst.
2. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to negotiate, finalise and execute any and all matters associated with this Contract.
carried
2. CONTRACTUAL MATTER – NEW CLUB AMENITIES BUILDING
ENDEAVOUR PARK PCC14038 CONTRACT 55260 ......................... 10 Wayne Dagleish : 26/10/169-01 : #4196948
O’HALLORAN / SCHILLING That Council: 1. Awards Contract 55260 for the construction of New Club Amenities Building
at Endeavour Park to Osborne Construction Solutions for an amount of $342,300 excluding GST;
2. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to negotiate and finalise any and all matters relating to Contract 55260.
carried
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3. CONTRACTUAL MATTER – CONSTRUCTION OF FAIRWEATHER
1. Awards Contract 55262 for the Construction of the Fairweather Bridge to Civform Pty Ltd for an amount of $677,153.50 excluding GST, subject to obtaining acceptable environmental approvals and notes that Queensland Reconstruction Authority (QRA) project funding risks exist if construction extends beyond 30 June 2014.
2. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to finalise the order of Rocla deck units under the conditions of the Preferred Supplier Agreement 2376.
3. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to negotiate and finalise any and all matters relating to Contract No. 55262.
1. awards Contract 55259 for Stage 1 and Stage 2 works for the Reconstruction of Machans Beach Seawall to JDS Group Pty Ltd for an amount of $10,135,059.53 excluding GST.
2. notes funding of $2.6M from the Beach Protection Reserve and an additional $1.8M from revenue has been included for the project in the 2013/14 Capital Works fourth budget review, and that additional funds will be required in the 2014/15 financial year to allow Stages 1 and 2 to be completed. Additional funding will also be required in future years for the Stage 3 works.
3. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to negotiate and finalise any and all matters relating to Contract 55259.
carried
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5. CONTRACTUAL MATTER – GOOMBOORA PARK UPGRADE, LOCAL
BUY CONTRACT BUS 201-0810 – SUPPLY AND INSTALL OF
ADVENTURE PLAY SPACE ELEMENTS ........................................... 53 Luke Jackson: 10/23/37: 4212616 v1
COOPER / SCHILLING That Council: 1. approves the purchase of elements, as per design, for the Goomboora Park
Adventure Play Space from Urban Play for a total value of $250,000 (ex GST) under Local Buy Contract BUS 201-0810; and
2. delegates authority to the Chief Executive Officer, in accordance with the
Local Government Act 2009, to finalise any and all matters in relation to the above contract.
