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CAIRNS CITY COUNCIL

PLANNING, DEVELOPMENT & COMMUNITY SERVICES COMMITTEE

11 MARCH 2004

TABLE OF CONTENTS

1. QLD CORRECTION COMMUNITY SERVICE ORDERS 2003 PROJECT REPORT ...............................................................................................1

Antonio Pinto / Neighbourhood Liaison Officer: 1/3/22-06: #755952v1

2. ROADSIDE VENDING APPLICATION – CAPTAIN COOK HIGHWAY – APPROXIMATELY 180 METRES SOUTH OF AVONDALE CREEK, SMITHFIELD – DIVISION 10 ...................................................................3

Julie Wright: 18/25/1-04 : #759230

3. ROADSIDE VENDING APPLICATION – CAPTAIN COOK HIGHWAY APPROXIMATELY 600 METRES NORTH OF WHITFIELD STREET, AEROGLEN – DIVISION 10 ...................................................................................6

J Wright: 18/25/1-04 : #759189

4. EXHIBITION OF FREESTANDING PYLON ADVERTISEMENT – SUPERCHEAP AUTOS – 144 ANDERSON STREET, MANUNDA – DIVISION 6 ...........................................................................................................19

Geoff Brazier : 8/1/1-34 : #757991

5. REVIEW OF ROLES AND RESPONSIBILITIES UNDER THE ENVIRONMENTAL PROTECTION ACT 1994 .....................................................24

Stacey Williams : 18/46/2-81: #755396

6. RESPONSE TO DEPARTMENT OF TOURISM, RACING AND FAIR TRADING – LIQUOR LICENSING DIVISION – NEW APPLICATION FOR BEST CHOICE HAMPERS, 295 LAKE STREET, CAIRNS CITY AND NEW APPLICATION FOR CORAL TOWERS, 249 – 255 ESPLANADE, CAIRNS CITY. ..............................................................................30

Rohan Lee : 8/20/6-02: #756381

7. REQUEST TO CHANGE AN APPROVAL FOR 36-38 O’KEEFE STREET, CAIRNS NORTH – DIVISION 6............................................................38

Jenny Elphinstone: 8/8/158: #758383

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8. MATERIAL CHANGE OF USE - (IMPACT ASSESSMENT) – ACCOMMODATION UNITS (MEDIUM DENSITY) – 19-23 MINNIE STREET, PARRAMATTA PARK – DIVISION 6.............................................................................................................44

Neil Beck: 8/8/540-01 : #740971

9. MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – ACCOMMODATION UNITS (MEDIUM DENSITY) – 50 ALFRED STREET, MANUNDA – DIVISION 5.....................................................................60

Peter Boyd: 8/8/552-01 : #755618

10. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – ACCOMMODATION UNITS (MEDIUM DENSITY) – 6 QUETTA CLOSE, MANOORA – DIVISION 8 ......................................................................70

Peter Boyd: 8/8/538-01 : #749653

11. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) ACCOMMODATION UNITS (MEDIUM DENSITY) 157-161 MARTYN STREET, MANUNDA – DIVISION 6.....................................................................81

Kym Watton: 8/8/532-01 : #756689

12. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – ACCOMMODATION UNITS (MEDIUM DENSITY) – 83 HAYWARD STREET, MOOROOBOOL – DIVISION 7 ............................................................95

Kym Watton: 8/8/519-01 : #756707

13. NEGOTIATED DECISION NOTICE - RECONFIGURING A LOT – 1 LOT INTO 3 LOTS – 40 MT WILLIAM CLOSE, REDLYNCH – DIVISION 12............110

Peter Boyd: 8/13/683-01 : #756386

14. RECONFIGURING A LOT (1 LOT INTO 10 LOTS) – REED ROAD, TRINITY PARK – DIVISION 11 ..........................................................................116

Neil Beck: 8/13/712-01 : #756433

15. RECONFIGURING A LOT (1 LOT INTO 4 LOTS) - 315-321 KAMERUNGA ROAD & CHARLESKATA CLOSE, FRESHWATER – DIVISION 12.................124

Neil Beck : 8/13/699-01: #757566

16. RECONFIGURING A LOT (BOUNDARY REALIGNMENT) - 33 & 35 CHRISTENSEN STREET & 15 ATKINSON STREET, MACHANS BEACH – DIVISION 10.......................................................................................136

Jenny Elphinstone: 8/13/757-01 : #758782

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17. RECONFIGURING A LOT (LEASE AGREEMENT EXCEEDING 10 YEARS) – 483 – 541 MULGRAVE ROAD, EARLVILLE – DIVISION 5 .........................................................................................................141

Neil Beck: 8/13/714-01 : #746587

18. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) LOT 6 HOMESTEAD CLOSE – EDMONTON – DIVISION 2 ................................................................147

Rohan Lee: 8/13/425 : #757639

19. CITY DEVELOPMENT – FEBRUARY 2004 MONTHLY REPORT ....................155 Peter Tabulo : SDS : 1/3/83 #658824V8

20. COMPENSATION CLAIMS & APPEALS – FEBRUARY 2004 ..........................204 Nikki Huddy: 1/59/2-01 : #536015 V18

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Agenda – Planning, Development & Community Services Committee - #759879


11 MARCH 2004

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QLD CORRECTION COMMUNITY SERVICE ORDERS 2003 PROJECT REPORT Antonio Pinto / Neighbourhood Liaison Officer: 1/3/22-06: #755952v1

RECOMMENDATION:

That this report be noted.

INTRODUCTION: A priority in Mooroobool has been community safety and wellbeing. It is proven that people feel safer in an area that is well looked after. One of Community Development’s initiatives has been to assist people in Mooroobool to complete their community service hours in their own community by cleaning up and maintaining gardens and public spaces. Council’s Neighbourhood Liaison Officer (NLO) has been working on this project not only to create cleaner places and healthier environments, but also to engage people in the upkeep of the suburb they live in and thereby increase social capital and connections with that suburb.

BACKGROUND: The project is an ongoing initiative and a partnership between Cairns City Council and QLD Community Correction Department. The project runs Monday through Friday and is supervised by the Neighbourhood Liaison Officer in Mooroobool.

COMMENT: During the 2003 calendar year, people on community service hours worked 1,837 hours. The project proved very successful during the year, with twenty three (23) participants from many different cultural backgrounds, performing different tasks. Their overall performance was of very high quality. The participants were keen and cooperative on the daily allocated tasks. At the end of every working day an evaluation of the job was performed and if it was done well, credit on their time was given.

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All workers are given a site induction and training on any equipment that is required for the job such as lawn mowers or whipper snippers. It is a credit to the program that no accidents or near misses have been recorded during the one thousand eight hundred and thirty seven (1,837.00) working hours. On every site there is a complete first aid box, individual protective equipment and other safety equipment available.

CONSIDERATIONS: Financial: An additional benefit of the program is the savings that the initiative offers. It is estimated that the work performed by the CSW represents savings of AUD $36,740 for the Cairns City Council departments, and in the meantime allows the Council Departments more time to deliver better service to the other areas in need within the community. Social: Some of the people that have first appeared under CSO’s have now gained skills and have moved on to be more active in their community. They have developed connections with the community that they would not have otherwise had. They have increased ownership and pride in their community. This is in addition to the benefit of creating healthy and clean living environments that the whole community can enjoy.

CONCLUSION: That Council continues to recognise and maintain this valuable program. Antonio Pinto Neighbourhood Liaison Officer Leslie Sparkes Manager Community Development

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11 MARCH 2004

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ROADSIDE VENDING APPLICATION – CAPTAIN COOK HIGHWAY – APPROXIMATELY 180 METRES SOUTH OF AVONDALE CREEK, SMITHFIELD – DIVISION 10 Julie Wright: 18/25/1-04 : #759230

PROPOSAL: CONDUCT ROADSIDE VENDING (PIE VAN) APPLICANT: KARL DIETER JOERNS 1/12 SPRINGFIELD CRESCENT MANOORA QLD 4870 LOCATION: CAPTAIN COOK HIGHWAY, APPROXIMATELY

180M SOUTH OF AVONDALE CREEK, SMITHFIELD

DIVISION: 10 LOCALITY PLAN

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RECOMMENDATION:

That Council refuse the application to conduct Roadside Vending approximately 180m south of Avondale Creek, Captain Cook Highway, Smithfield, due to the fact a second vendor at the location would complicate traffic movements in the area, therefore creating a safety issue to motorists. BACKGROUND: At Council’s Ordinary Meeting held 17 December 2003, it was resolved ‘that the matter be deferred for further consideration’. No further comments have been received during the three (3) month period in regard to the subject Roadside Vending application. PROPOSAL: An application has been received seeking Council’s approval to conduct Roadside Vending at the proposed location of approximately 180m south of Avondale Creek, Captain Cook Highway, Smithfield. The proposed roadside vending activity fits the category of pastry and other products associated with pie vans. In this instance the applicant seeks to operate Monday to Saturday weekly between the hours of 7.00am and 2.00pm. The applicant also proposes to use the Shell Roadhouse as the operator’s amenity location. CONSULTATION: The application has been referred to several other agencies within Council and State Government for comment.

DEPARTMENT COMMENT Community Development No requirement. Public Health Unit Current Licence/Registration Certificate issued by

Cairns City Council under the Food Hygiene Regulations 1989 issued 18 February 2004.

Infrastructure Management No requirement. Department of Main Roads The Department of Main Roads advise that there is an

existing vendor at the site. Therefore, we do not support the above application of another vendor to the site will further complicate traffic movements in the area.

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CONCLUSION: It is considered that the applicant be advised the roadside vending application received to operate a pie van approximately 180m south of Avondale Creek, Captain Cook Highway, Smithfield, be refused due to the concerns raised by the Department of Main Roads and Cairns City Council’s Health Licences Unit. Julie Wright Acting Manager – Environmental Assessment Peter Tabulo General Manager – City Development

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11 MARCH 2004

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ROADSIDE VENDING APPLICATION – CAPTAIN COOK HIGHWAY APPROXIMATELY 600 METRES NORTH OF WHITFIELD STREET, AEROGLEN – DIVISION 10 J Wright: 18/25/1-04 : #759189

PROPOSAL: CONDUCT ROADSIDE VENDING – FRUIT &

VEGETABLE STALL APPLICANT: ARMANDO ALFIO PULVERENTI PARADISE FRUIT & VEGETABLES PO BOX 419 MAREEBA QLD 4880 LOCATION: CAPTAIN COOK HIGHWAY – APPROXIMATELY

600 METRES NORTH OF WHITFIELD STREET, AEROGLEN

DIVISION: 10 APPENDIX: 1. PROPOSED SITE PLAN 2. DEPARTMENT OF MAIN ROADS

CONDITIONS LOCALITY PLAN

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RECOMMENDATION:- That Council approve the application to conduct Roadside Vending at a location approximately 600 metres north of Whitfield Street, Aeroglen subject to the following conditions:- 1. This approval is for the sale of fruit and vegetables only from the subject

location. 2. This approval is for one (1) trailer including fixtures:- shelving, benches,

non-operating cold room and four (4) tables. 3. The vehicle used in the operation of roadside vending activities shall be

parked and shall remain at all times in the position as indicated on the approved site plan.

4. This permit allows for roadside vending activities to be conducted between

the hours of 9.00am – 6.00pm daily. 5. The enclosed Roadside Vending Certificate is to be displayed at all times

whilst the subject activity is being conducted. 6. A copy of the approval conditions and approved site plan shall be kept on

site at all times and shall be produced to an Authorised Council Officer upon request.

7. Advertising material is to be limited to one A-Frame sign (900mm high x

600mm wide) only. Illuminated signage and amplified advertising devices are not permitted at the roadside vending site.

8. Details of any amendments to the approved plan including a change of

vehicle shall be submitted for the approval of Council. 9. All permitted roadside vending activities must be consistent with the

Regulation and Standards of the Workplace Health & Safety Act. 10. The roadside vending activity must not have any adverse effect on the

existing vegetation and landscaping of the area or the environment. 11. The roadside vending activity must not cause a nuisance to any person or a

danger to any person or property. 12. The holder of this approval must provide and maintain sufficient receptacles

for refuse and thoroughly clean and remove all material associated with the roadside vending activity at the conclusion of business each day.

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13. Appropriate arrangements for toilet arrangements, as agreed, are to be in

place at all times. 14. a. A Public Liability Insurance Policy for the subject premises to the value

of ten million dollars ($10,000.000-00) shall be kept in force for the whole of the period that the permit covers, and shall include the Cairns City Council, the Minister Administering the Land Act 1994 and the State of Queensland as interested parties.

b. Please note that the Insurance Policy for the approval expires on 16th January 2005.

15. Council reserves the right to amend any conditions of this permit, subject to

notification to the permit holder, at any such time it is deemed necessary. 16. This permit is at Council’s discretion and may be revoked at any time either

partially or fully. 17. A deposit of $1,000-00 or a Bank Guarantee for the same amount is to be

provided to Council prior to the commencement of any Roadside Vending activity being security for performance relating to any requirements under Local Law No.22.

18. The completion and submission of the attached Ancillary Works and

Encroachment Form to the Department of Main Roads North Queensland Region to validate this permit.

19. The operator accepts the attached conditions set out by the Department of

Main Roads to validate this permit 20. This approval expires on 30 June 2004. 21. Pro-rata fees to be paid for initial permit. _____________________________________________________________________ INTRODUCTION: An application has been received seeking Council’s approval to conduct Roadside Vending located on the Captain Cook Highway, approximately 600 metres north of Whitfield Street, Aeroglen. The proposed Roadside Vending activity fits the category of produce associated with semi-commercial fruit and vegetable businesses. In this instance the operator seeks to operate daily between the hours of 9.00am – 6.00pm. The applicant has made arrangements with a Shell Service Station situated 400 metres south of the proposed location to be used as an amenity location.

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CONSULTATION: The application has been referred to several other agencies within Council and State Government for comment.

DEPARTMENT COMMENT Community Development No requirement. Infrastructure Management No requirement. Public Health Unit No objection subject to whole fruit and

vegetables only being sold. If it is intended to sell any other type of food further information would be required by Council’s Public Health Unit prior to commencement of operations.

Department of Main Roads The Department supports the application of a vending permit to Paradise Fruit & Vegetables at the above location subject to:- The completion and submission of the attached Ancillary Works and Encroachment Forms to this office. Acceptance of the attached conditions.

DISCUSSION: Completion of the Department of Main Roads Self Assessment Guidelines for Roadside Vending Stall Locations reveals the proposed location complies with 81% of the questions relating to road safety and traffic efficiency considerations. CONCLUSION: It is considered Council approve the application submitted by Armando Pulverenti to conduct a Roadside Vending activity associated with a fruit and vegetable stall, located on the Captain Cook Highway approximately 600 metres north of Whitfield Street, Aeroglen subject to the conditions listed above. Julie Wright Acting manager – Environmental Assessment Peter Tabulo General Manager – City Development

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APPENDIX 1

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APPENDIX 2.

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11 MARCH 2004

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EXHIBITION OF FREESTANDING PYLON ADVERTISEMENT – SUPERCHEAP AUTOS – 144 ANDERSON STREET, MANUNDA – DIVISION 6 Geoff Brazier : 8/1/1-34 : #757991

PROPOSAL: EXHIBITION OF (A) FREESTANDING PYLON

ADVERTISEMENT (B) ILLUMINATED WALL SIGN – SUPERCHEAP AUTOS

APPLICANT: DON CHANNER UNIT1, 17 PEAK AVENUE MAIN BEACH QLD 4217 LOCATION: 144 ANDERSON STREET, MANUNDA PROPERTY: LOT 46 ON RP740362, PARISH OF CAIRNS ZONE: RESIDENTIAL – MCU 8/8/494-01 FOR SHOWROOM ISSUED APPENDIX: 1. ADVERTISEMENT DISPLAY 2. CONSTRUCTION DETAILS

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LOCALITY PLAN

RECOMMENDATION:

That Council approve an application received on 2 February 2004 from Don Channer on behalf of Super Cheap Auto to exhibit a standard corporate signage package, consisting of one Free Standing Pylon structure, bearing two advertising panels, and one illuminated Wall Advertisement, on land situated at 144 Anderson Street, Manunda, described as Lot 46 RP740362, subject to the following conditions:- 1. The advertisement shall generally be in accordance with the application and

specifications submitted to Council and dated 2 February 2002. 2. Light emission from the advertisement complies with Councils Local Law 16

(Control of Nuisances). 3. The installation of the advertisement is in accordance with the Queensland

Building Act and is certified by a suitably qualified person to ensure public safety is not compromised.

4. No part of the advertisement is to overhang the road reserve. 5. Council reserves the right to review this approval should the conditions of

approval not be adhered to, or circumstances affecting approval criteria change.

6. The street number of the property is to be prominently displayed.

Position of proposed sign

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PROPOSAL An application has been received seeking Council’s approval to exhibit an internally illuminated Freestanding Pylon structure with two double-sided advertising panels, and one internally illuminated Wall advertisement, advertising Super Cheap Autos, at 144 Anderson Street, Manunda, on the corner of Mayers Street. The signs are described as a standard corporate advertising package. DISCUSSION The proposed site is zoned Residential in the Planning Scheme for Part of the City of Cairns, however an approval for a Material Change of Use – Showroom, has been approved by Council. The area is predominately commercial, and is identified as being in the Commercial Environment (Schedule 2) of Council’s Local Law Policy No. 6 (Control of Advertising) in which Freestanding Advertisements and Wall advertisement of this size requires Council approval. The proposed advertisement generally fits the criteria for approval under Local Law 28 (Control of Advertising). Approval for the exhibition of the advertisement has been given by the Main Roads Department. The appropriate fees have been paid. It is recommended that the application be approved subject to conditions. Geoff Brazier Planning Enforcement Officer Action Officer Julie Wright Acting Manager Environmental Assessment

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APPENDIX 1

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APPENDIX 2

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11 MARCH 2004

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REVIEW OF ROLES AND RESPONSIBILITIES UNDER THE ENVIRONMENTAL PROTECTION ACT 1994 Stacey Williams : 18/46/2-81: #755396

RECOMMENDATION:

That Council note the contents of this report and approve the submission of comments to the Local Government Association of Queensland (LGAQ), regarding the delineation of roles and responsibilities for Council under the Environmental Protection Act 1994. INTRODUCTION: The Environmental Protection Act 1994 proclaimed in 1995, provided a framework for State and Local Governments to work concurrently to achieve environmental protection outcomes. The framework included delegations and devolution of roles and responsibilities to Local Governments. Clarification and operation of those roles and responsibilities are the subject of a review by both the Environmental Protection Agency (EPA) and LGAQ. The purpose of this report to Council is to seek approval to provide comments to LGAQ regarding issues raised in the review. BACKGROUND: Significant environmental protection outcomes have been achieved since the introduction of the Act, through the administration of the regulations by State and Local Governments. However, this experience has demonstrated an opportunity to achieve better outcomes and resource allocation by reviewing roles and responsibilities and how they operate. Discussion between LGAQ and EPA lead to a decision to analyse these issues and identify ways to improve. Independent consultants were engaged to establish a framework of principles to underpin future alignment and operation of the roles and responsibilities under the Act. The principles have been developed on the basis of enabling Local Governments and the EPA to collaboratively achieve community expectations and environmentally effective allocation of resources.

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Consultation with the Local Government representatives on 17 February 2004 identified issues regarding the roles and responsibilities under the Act. Consequently, LGAQ has asked Councils to provide comments regarding these issues and proposing action plans for improvements. Local Governments, including Cairns City Council, has devolved to it a number of Environmentally Relevant Activities and is responsible for administering the relevant regulations. These activities, such as motor vehicle workshops, are of a local significance and are therefore best managed by councils. Council has also applied for and been granted delegations from the EPA to administer the Environmental Protection (Water) Policy 1997, which enables Council officers to deal with sediment control on building sites and contamination in stormwater systems. COMMENT: The review highlighted a number of the key issues with the current roles & responsibilities, including: Relationships a. no clear framework to delineate the roles of Local and State Government; and b. need for more effective local liaison and technical support from the EPA. Governance a. more than half of resources allocated on a reactive basis, specifically to nuisance; b. cost recovery for polluters as a deterrent; c. funding clean-up of incidents where offender cannot be identified; d. need to maintain skill and knowledge base of officers; e. limited pursuit of compliance through awareness and education compared to

regulatory investigation and enforcement; and f. need for more development of efficient and effective regulatory processes. Environmental operations a. limited clarity for community in reporting nuisance issues – grey area as to Local

Government or EPA responsibility; b. State-wide standards for environmental nuisance not always appropriate, need for

nuisance to be regulated under Local Law; and c. need to condition out potential environmental harm and enforce through

Development Approvals. One of the major outcomes of the review is the likelihood that the State will now support the reintroduction of Local Laws to deal with a variety of nuisance issues which in 1994 were taken away from Council and included in the Environmental Protection Act. The State has come to the conclusion that they are not sufficiently resourced to deal with such local issues and are willing to “hand back” such responsibility to Councils.

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CONSIDERATIONS: Statutory: In accordance with the Environmental Protection Act 1994, the Environmental Protection Regulation 1998, and Environmental Protection Policies for Water, Air, Waste and Noise, Council has devolutions and delegations for administering environmental protection and management requirements. Financial: While the review in itself has minimal financial implications, the preparation and implementation of new Local Law dealing with nuisances will be a further financial burden for Local Government. Social: Not applicable. CONSULTATION: Consultation has been held with representatives from Environmental Assessment and Cairns Water, the General Manager City Development as well as with the EPA. OPTIONS: That Council provide comments to LGAQ as per recommendations of this report. That Council not provide comments to LGAQ and therefore accept unconditionally any changes to the roles and responsibilities under the Environmental Protection Act 1994. CONCLUSION: That Council concur with the recommendation subject of this report. ATTACHMENTS: Attachment 1. - Summary of key principles and possible implementation responses. Stacey Williams Team Leader, Environmental Protection Unit Peter Tabulo General Manager, City Development

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APPENDIX 1

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11 MARCH 2004

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RESPONSE TO DEPARTMENT OF TOURISM, RACING AND FAIR TRADING – LIQUOR LICENSING DIVISION – NEW APPLICATION FOR BEST CHOICE HAMPERS, 295 LAKE STREET, CAIRNS CITY AND NEW APPLICATION FOR CORAL TOWERS, 249 – 255 ESPLANADE, CAIRNS CITY. Rohan Lee : 8/20/6-02: #756381

RECOMMENDATION:

That the applicant and the Liquor Licensing Division be advised of the following comments: 1. Best Choice Hampers, Cairns City

Council has no objections to the proposed Limited Liquor Licence for Best Choice Hampers, located at 295 Lake Street, Cairns, and described as Lot 1 on RP701265, Parish of Cairns.

2. Coral Towers, Cairns City

Council has no objections to the proposed Residential Liquor Licence for Coral Towers Holiday Suites, located at 249-255 Esplanade, Cairns, and described as Lots 1-39 on BUP70217, Parish of Cairns.

EXECUTIVE SUMMARY:

The Department of Tourism, Racing and Fair Trading, Liquor Licensing Division has written to Council seeking comment from Council on two matters, both new liquor licence applications for premises located at 295 Lake Street, Cairns (Limited Liquor Licence) and 249-255 Esplanade, Cairns (Residential Liquor Licence). Council now has the opportunity to submit comments to the Liquor Licensing Division.

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TOWN PLANNING CONSIDERATIONS: NEW LIQUOR LICENCE APPLICATION Best Choice Hampers, Cairns An application for a Limited Liquor Licence has been applied for at Best Choice Hampers, located at 295 Lake Street, Cairns and described as Lot 1 on RP701365. Should this licence be granted, it would enable the applicant to provide liquor in gift baskets containing a selection of other products. There will be no consumption on the premises. The proposed trading hours are between 9am to 5pm, Monday to Saturday, which is within the defined standard hours of a Home Activity for a business of this nature in the Planning Scheme for Part of the City of Cairns. A copy of the notice of application is attached as Appendix 1. The subject land is included within the Medium Density Residential zone in the Planning Scheme for Part of the City of Cairns. A Home Activity is self-assessable development in the Medium Density Residential zone and therefore planning approval is not required. General Policy – Liquor Licensing The proposal is consistent with Council’s General Policy – Liquor Licensing. Divisional Councillor and Safety Officer Comments The Divisional Councillor and Safety Officer have no objections to the proposed Limited Liquor Licence. NEW LIQUOR LICENCE APPLICATION Coral Towers Holiday Suites – Cairns An application for a Residential Liquor Licence has been applied for at Coral Towers Holiday Suites, located at 249-255 Esplanade, Cairns, and described as Lot 1 – 39 on BUP70217. The primary purpose of a Residential Liquor Licence is that is may only be granted to a business where the primary purposes is the provision of accommodation. Trading Hours - Residents Should this licence be granted it would enable the holder of the licence to sell liquor to a resident or a guest of a resident for consumption on the premises at any time and up to 9 litres for consumption off the premises to residents only. If service takes place outside of ordinary or extended trading hours, it must be in residents’ units or another area approved by the Chief Executive of the Liquor Licensing Division, for example a guest’s lounge.

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The proposed trading hours are 24 hours per day. Under the provisions of a Residential Licence, liquor may be served at any time to Residents and their Guests. A copy of the notice of application is attached at Appendix 2. Trading Hours - Public Under the Residential License, liquor may be served at any time from Monday to Sunday, between the hours of 10 am to 12 midnight in a restaurant or dining area to partons partaking of a meal. If extended trading hours are required, a separate application must be lodged, dealing how the extended hours are in the public interest. On Good Friday and Christmas Day, liquor may only be served during ordinary (not extended) hours, and only in conjunction with a meal, in an area ordinarily used for dining. On Anzac Day, this provision applies until 1pm. Zoning The subject land is included within the Medium Density Residential zone in the Planning Scheme for Part of the City of Cairns. The licence forms part of the land use of Accommodation Units, which is a self-assessable use in the Medium Density Residential zone and as such, planning approval is not required. General Policy – Liquor Licensing The proposal is consistent with Council’s General Policy – Liquor Licensing. Divisional Councillor and Safety Officer Comments The Divisional Councillor and Safety Officer have no objections to the proposed Residential Licence.

ATTACHMENTS: 1. Notice of Application for a Limited Licence for a Gift Basket Business for Best

Choice Hampers, Cairns. 2. Notice of Application for a Residential Licence for Coral Towers Holiday Suites,

Cairns. Rohan Lee Planning Officer Action Officer Nikki Huddy Manager – City Assessment

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Appendix 1

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Appendix 2

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11 MARCH 2004

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REQUEST TO CHANGE AN APPROVAL FOR 36-38 O’KEEFE STREET, CAIRNS NORTH – DIVISION 6 Jenny Elphinstone: 8/8/158: #758383

PROPOSAL: REQUEST TO CHANGE APPROVAL APPLICANT: PETER LIK INVESTMENTS PTY LTD 36-38 O’KEEFE STREET CAIRNS Q 4870 LOCATION: 36-38 O’KEEFE STREET, CAIRNS NORTH PROPERTY: LOT 12 AND 13 ON CP198189 PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: INDUSTRY DCP: DCP2 – HEIGHT AND IMPACT OF BUILDINGS – PRECINCT 6 REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: EXPIRED DIVISION: 6 APPENDIX: 1. APPROVED DEVELOPMENT PLAN 2. PROPOSED AMENDED SITE LAYOUT

PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. Council approve a dispensation for a reduced minimum site area for the

subject Warehouse development under Section 4.8.4 (i) of the Planning Scheme For Part of the City of Cairns.

B. Council agrees to modify the approval whereby the approved plans and

specifications stated on the Decision Notice are amended as follows: Buck Design P/L, Plan BD99.12.296/SK1 dated December 1999 Amended Site Layout and Elevation Plan received 15 January 2004. EXECUTIVE SUMMARY: This report was presented to Council’s Ordinary Meeting of 26 February 2004 and deferred to allow discussions between the Divisional Councillor and the Action Officer. As a result of these discussions no changes have been made to this report. Council at the Ordinary Meeting held on 17 April 2000 approved the construction of a Warehouse. When the approval was given it was anticipated that the development would straddle more than one lot. The site has been developed and the final development has a reduced site and floor area. The applicant was previously unaware that the development was required to extend over all lots as originally proposed. The applicant is unable to purchase the neighbouring lot to achieve the minimum site area required and there is ability under the Scheme for Council to apply a dispensation. The circumstances warrant such a dispensation being applied.

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TOWN PLANNING CONSIDERATIONS: Proposal Peter Lik Investments Pty Ltd purchased the existing building apparently unaware that the building, as constructed, did not comply with development approval 8/8/158 issued by Council on 18 February 2000 for a Warehouse at 36-38 O’Keefe Street, Cairns North. The applicant, Peter Lik Investments Pty Ltd, has subsequently requested a change to the development approval under Section 3.5.24 of the Integrated Planning Act 1997, to legitimise the construction of the existing building. A copy of the proposed amended plans were forwarded to the Department of Main Roads as a Concurrence Agency who advised that no objection is raised to the proposed change. Town Planning Requirements The amended proposal has been assessed against the relevant planning scheme provisions which are outlined in the table below: Planning Scheme Element Required Proposed Comment Specific Requirements

Car Parking 1 space per 90m2 of net lettable area. (2 spaces)

3 car spaces

Complies

Industrial Development Requirements CI.4.8.4

Minimum Site Area 1000m2 716m2 Does not comply, refer to comment

Dwellings on Site To be removed Site Vacant Complies

Title Configuration Site to be contained on one allotment

Site currently includes two separate titles

Previous intention to comply, refer to comment.

Building Setback Minimum Frontage 6m

6m

Complies

Building Side & Rear Boundary Setbacks

Minimum 2m

2m

Complies

Maximum Site Coverage 60% 50.77% Complies

Landscaping & Recreational Use – Clear of vehicle access, manoeuvring and parking

Minimum 15% of site area. (107.25m2)

15.35% (220m2) Complies

Frontage Landscape 6m 6m Complies DCP2 – Precinct 6

Plot Ratio Maximum 1.5:1 0.51:1 Complies

Height Maximum 7.5m Approx. 7.5m Complies

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Industrial Development Requirements The site is located within the vicinity of Moffatt Street, an area designated for industrial development in the Strategic Plan and, as such, the proposal is subject particular development requirements. One such requirement, under the current Planning Scheme, prescribes that industrial developments are to have a minimum site area of 1,000m2. The proposed amendments to the development approval result in the development being located on Lot 13 only which has an area of 716m2, as opposed to the amalgamation of Lots 12 and 13 as per the original development approval with an area of 1,433m2. With regard to the above, Section 4.8.4 (i) of the Planning Scheme states that only in exceptional circumstances and where it can be demonstrated that this area cannot be achieved due to the nature of development on adjoining sites or because of the unavailability of land, that Council will allow industrial development to occur. When considering this, the subject land is situated between two residential dwellings. The applicant has indicated that he approached the owner of the adjoining lot (34 O’Keefe) with regard to purchasing the land, the offer of which was declined. Consequently there exists no opportunity to allow for a larger site area to be achieved. Council’s discretion would, in this case, be deemed reasonable. The Draft CairnsPlan designates the site to be within a proposed Industry Planning Area. There is no defined use of Warehouse and the best-fit interpretation would be to include the use under the definition of “Industry Class A,” which is a self-assessable use in the Industry Planning Area. There is no minimum lot size for the use prescribed either under the Industry Planing Area Code or the industry Land Use Code of the proposed Scheme. Jenny Elphinstone Senior Planning Officer Action Officer Nikki Huddy Manager – City Assessment

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Appendix 1 – Approved Development Plan

43


Appendix 2 –Proposed Amended Site Layout Plan

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11 MARCH 2004

8

MATERIAL CHANGE OF USE - (IMPACT ASSESSMENT) – ACCOMMODATION UNITS (MEDIUM DENSITY) – 19-23 MINNIE STREET, PARRAMATTA PARK – DIVISION 6 Neil Beck: 8/8/540-01 : #740971

PROPOSAL: ACCOMMODATION UNITS (MEDIUM DENSITY) APPLICANT: VYHCAN PTY LTD C/- PLANNING FAR NORTH PTY LTD P O BOX 7801 CAIRNS Q 4870 LOCATION: 19-23 MINNIE STREET, PARRAMATTA PARK PROPERTY: LOT 46 ON RP 804085, PARISH OF CAIRNS ZONE: COMMERCIAL STRATEGIC PLAN: MIXED USE AREA 6 DCP: DCP1 – RESIDENTIAL DENSITIES – 400 PPHA DCP2 – HEIGHT & IMPACT OF BUILDINGS –

PRECINCT 5 – 10M HEIGHT LIMIT REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 11 MARCH 2004 DIVISION: 6 APPENDIX: 1. SITE LAYOUT PLAN

45


LOCALITY PLAN

RECOMMENDATION:

That Council approve the development application for a Material Change of Use (Impact Assessment) over land described as Lot 46 on RP804085, Parish of Cairns to facilitate the construction of Accommodation Units (Medium Density) consisting of 15 x 2 bedroom units located at 19-23 Minnie Street, Parramatta Park subject to the following conditions:-

Assessment Manager’s 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 generally in accordance with:

a. The approved plans attached, titled ‘Proposed Unit Development for

Watermin Apartments’ (site plan, elevations, and floor layout plans, Sheets SK01 to SK05, dated November 2003, and submitted to Council on 20 November 2003;

b. The plans, specifications, facts and circumstances as set out in the

application submitted to Council; and c. To ensure that the development complies in all respects with the

requirements of Council's Planning Scheme, Development Manual and good engineering practice.

Except where modified by these conditions of approval.

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Timing of Effect 2. The conditions of the Development Permit must be effected prior to the

issue of a Development Permit for Building Work, except where specified otherwise in these conditions of approval.

Water Supply and Sewerage Contributions 3. The applicant/owner must contribute in accordance with Council's policy

provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $21,568.86 (6.1 EDCs) for water and $17,459.75 (7.6 EDCs) for sewerage. Payment is required prior to a Development Permit for Building Work.

Traffic Management Contributions 4. The applicant/owner must contribute towards Council's Traffic

Management/Road Upgrading Program in accordance with Cairns City Council Traffic Management Plans.

The contribution rate is that which is current at the time of payment. The current rate of contribution is $29,163.40 (11.25 ERAs). Payment is required prior to the issue of a Development Permit for Building Work.

Parking Requirements

5. The development must contain a minimum of 19 on-site car parking spaces. The car parking layout must be in accordance with the Australian Standard AS2890.1 1993 Parking Facilities – off street car parking, except as varied with the consent of the Chief Executive Officer. In particular:-

a. Manoeuvring space must be provided to enable all vehicles to enter and

exit the site in forward gear (including refuse and service/delivery vehicles);

b. Parking spaces adjacent columns and walls must have a minimum

unobstructed clear width of 2.8 metres unless determined otherwise by AS2890.1;

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c. Bollard lighting must be provided at the property boundary to indicate

access to the parking area; d. The driveway serving the parking area must include a physical means

of speed control at the exit point at Minnie Street and at the south east end of Easement A.

e. The landscaped areas adjoining the parking area must be protected

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

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

Parking Construction

6. The car parking including the access easement must be constructed in

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

Parking Signage

7. The applicant/owner must provide signage, to the satisfaction of the Chief Executive Officer, advising of the location of the off-street car parking area and access thereto. Details of the signage must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. The signage must be erected prior to the issue of the Certificate of Classification for Building Work.

Wash Down Bay

8. The applicant must provide a designated wash down bay, which may be provided in conjunction with a visitor space, in accordance with the requirements of Trade Waste.

Landscape Plan

9. The applicant/owner must landscape the subject land and the street frontage in accordance with the Development Manual Part 4 – Landscaping, and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

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In particular, the plan must show:

a. The planting of trees and shrubs with tree planting between the access driveway and the bank of Lily Creek;

b. Planting of the Minnie Street frontage with trees or shrubs depending on any overhead powerline constraints; and

c. Landscaping of required setback areas, landscaping of all other side and rear boundaries, and landscaping of all communal open space areas.

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 use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Minimum Fill and Habitable Floor Levels

10. All habitable floor levels in all buildings must be located 300mm above the

Q100 flood immunity level of 3.2 metres AHD in accordance with Development Manual Guidelines and the requirements of the Planning Scheme for Part of the City of Cairns. The spot levels range from 2.8 metres (adjacent to Lily Creek) to 3.4 metres (front of site west corner).

Lawful Point of Discharge

11. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge being Minnie Street, to be further demonstrated at Operational Works stage, 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.

Health

12. An area of a suitable size is to be provided at ground level (as shown on the

plans) to store the number of refuse bins required to service the site. This area is to comply with the Environment Protection (Interim Waste) Regulation 1996 and Council Policies and is to be designed and constructed to the satisfaction of Cairns Water and in accordance with the Trade Waste Policy. Pre-treatment may be required for the sewer connection in accordance with Council’s Trade Waste Policy.

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Water Saving 13. Toilet devices in the development must be fitted with dual flush cisterns and

showers and hand basins in the development shall be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

Construction

14. At all times, the applicant is to ensure dust suppression measures are

undertaken for the site to ensure that all materials are appropriately stored and any unsealed areas do not create a dust nuisance to surrounding areas to the satisfaction of the Chief Executive Officer.

15. The applicant shall ensure that on completion of any on-site construction

works, the subject land will be maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer.

External Works

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

external to the subject land:

a. Provision of a concrete crossover and apron on the Minnie Street frontage;

b. Construct a minimum 2.0 metre wide footpath in the full frontage to Minnie Street;

c. Widen the existing pavement for the full frontage and construct

bitumen turnout lanes and replace any damaged kerb and channel; d. Provide on street parking; e. Relocate any services along Minnie Street affected by these works; and f. Any redundant crossovers to be reinstated.

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 Building Work. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of the use.

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Bicycle Storage

17. The applicant/owner must ensure the provision of a secured, on-site bicycle

storage area for residents in accordance with Table 10-1 of AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (p 123) the minimum parking spaces required for this development is 5 spaces. This storage area shall be constructed prior to the commencement of the use.

Communal Landscaped Open Space 18. The communal landscaped open space area must be identified on the

landscaping plan required in Condition 9. Boundary Fence 19. A masonry block fence, 1.8m in height, is to be constructed from the edge of

the easement adjacent to car parking space 4 along the property boundary to the south corner of unit 1, as shown on Plan SK01.

Building Over/Adjacent Sewer 20. The applicant must: a. Remove the existing sewer line and manhole; and b. Provide a new manhole adjacent to parking bay 14. All the above sewer works must be designed and constructed in accordance

with Council's Development Manual and the building footings must be designed so as not to place any load on the sewer. The details of any 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.

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. Current requirements and estimates of development and headworks

contributions may change when elements of the Cairns City Council Priority Infrastructure Plan (PIP) are adopted.

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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. The Easement document to be reviewed and it use restricted to only those

benefiting under the easement. Measures must be implemented to exclude other traffic.

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

EXECUTIVE SUMMARY: Council is in receipt of a Material Change of Use – Impact Assessment application to facilitate the construction of 15 x 2 bedroom Accommodation Units (Medium Density), associated car parking and recreational areas located at 19-23 Minnie Street, Parramatta Park. The subject land is contained within the Commercial zone within the Planning Scheme and described as Lot 46 on RP804085, Parish of Cairns. The land has a total site area of 1839m2. The proposed development generally complies with the provisions of the Planning Scheme, and accordingly, approval of the application is recommended subject to conditions. TOWN PLANNING CONSIDERATIONS: Subject Site The subject land has a total site area of approximately 1839m2 and is contained within the Commercial zone within the Planning Scheme. The allotment is vacant and has a road frontage of approximately 41 metres to Minnie Street. A mix of land uses consisting of residential, commercial and light industrial uses characterise the area.

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Proposal As illustrated at Appendix 1, the applicant seeks to obtain a Development Permit to facilitate the establishment of 15 x 2 bedroom Accommodation Units, associated car parking and recreational areas to provide accommodation for permanent residents. The proposal consists of two buildings with each building being three storeys in height. One building will contain 6 units and the other building will contain 9 units. The buildings are separated by a 1.8m pathway. The site is accessible via a single driveway which is also a registered easement providing access to a lot at the rear, which also has access from Maranoa Street. A single concrete crossover is located on Minnie Street. Strategic Plan The proposed development is supported by the intent of the Strategic Plan with the subject land being contained within the Mixed Use No. 6 in which Accommodation Units are identified as one of the preferred uses. The proposed development satisfies the various residential objectives contained within the Strategic Plan insofar as promoting increased residential densities in relatively close proximity to commercial services and facilities. Land Zoning As previously mentioned, the subject land is contained within the Commercial zone within the Planning Scheme. Accommodation Units are considered a potentially compatible development in the Commercial zone. The primary intent of the Commercial zone is to provide for uses which buy and sell products, cater for professional offices and to a certain extent, provide for the establishment of business that provide goods and services to the community. Residential development is considered a potentially compatible development within the Commercial zone provided it accords with the intent of Development Control Plan 1 – Residential Densities and provided a satisfactory residential amenity can be achieved. In this instance, the subject land lends itself to be developed for higher density residential development through its inclusion within a Mixed Use area in which Accommodation Units are a preferred use for the purpose of the Strategic Plan having a residential density designation of 400 persons per hectare within DCP 1 – Residential Densities. Development Control Plan 1 – Residential Densities The subject land has a potential site population density of 400 persons per hectare under DCP 1 - Residential Densities. The minimum site area is 1000m2. With this site having an area of 1839m2, the applicant is able to develop the subject land to a site density of 245 persons per hectare. The number of persons to be accommodated by the proposed development (45) is within the site density designation of 400 persons per hectare (73 persons for this site).

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Development Control Plan 2 – Height & Impacts of Buildings The subject land is contained within Precinct 5 of DCP 2 allowing for a maximum height of 10 metres being essentially three storeys. With a maximum height of 8.2 metres, the proposed development is in accordance with the height provision of DCP 2. The proposed development is in accordance with all other provisions of DCP 2 Height & Impacts of Buildings. Traffic & Accessibility The subject land is accessible via Minnie Street being identified as an Collector Road within Council’s local traffic hierarchy. Minnie Street has the capacity to accommodate the increase in traffic movements as a consequence of the proposed development with an anticipated 6 vehicle movements per unit per day. The applicant is required to undertake external road works to Minnie Street pavement widening. No concerns are raised with the proposed development in this regard. Project Analysis An assessment of the proposed development against the provisions of the Planning Scheme has been completed and detailed in the table below:- Criteria Requirement Proposal Comment General Provisions Car Parking 1¼ spaces per unit

19 spaces required 19 spaces provided Complies

Site Coverage 35% maximum

26.9% Complies

Building Height Maximum 10 metres 8.2 m Complies Population Density Max. 400 pph

(73 persons for subject site)

245ppha (45 persons for subject site)

Complies

Building setbacks Side & Rear Boundaries Front Boundary

0.0 metres from side & rear boundaries 6 metres from street frontage

0.0 metres from side boundary 14 metres from rear boundary 6.2 metres

Complies Complies

Landscaped Open Space

30m2 per bedroom with 40% in one area 450m2 total 180m2 in one area

452m2

176m2 in one area Complies Generally Complies

The development proposed is of a lesser density that what is possible on a 1839m² site due in part to the access easement on the east which serves the rear allotment. This easement has an area of about 220m² and provides internal access to the car parking.

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A consequence of the easement is that ground areas that can be used as landscape and open space are restricted. The area around the pool is about 176m² with some 180m² required. This shortfall is acceptable. The total requirement for landscaping and open space is met by including the two private courtyards and all the garden areas. The easement also has the ability to be utilised for active recreation and it is adjacent to Lily Creek, an extensive open area. It is also recommended that some tree planting are to be provided along Lily Creek, adjacent to the driveway. On balance, it is considered that the proposal generally complies with the intent of the Planning Scheme. Public Notification/Submissions The application was advertised in accordance with the notification requirements of the Integrated Planning Act and no submissions were received. HEADWORKS / CONTRIBUTIONS:

Calculation Comment Contribution Water District : 10 : $3,535.88 /EDC

(March 04) Demand 15 x 2 bedroom units 7.5 Total Credit Less credit of 1.4 EDCs for a commercial allotment

6.1EDCs @ $3,535.88/EDC

$21,568.86

Sewerage District : 23 : $2,297.34/EDC (March 04) Demand 15 x 2 bedroom units = 9.0EDCs Credit Less credit of 1.40 EDCs for a commercial allotment

7.6EDCs @ $2,297.34/EDC

$17,459.75

Road/Traffic Cairns City Council Traffic Management Plans District 4 Demand 15 x 2 bedroom units= 11.25 ERA’s

11.25 ERA’s @ $2,542.30/ERA

$29,163.40

Drainage CBD and Environs DMP No contribution required Nil Park Does not apply to Material Change

of Use applications No contribution required Nil

Neil Beck Team Leader Action Officer Nikki Huddy Manager – City Assessment

55


Appendix 1

56


57


58


59


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11 MARCH 2004

9

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT – ACCOMMODATION UNITS (MEDIUM DENSITY) – 50 ALFRED STREET, MANUNDA – DIVISION 5 Peter Boyd: 8/8/552-01 : #755618

PROPOSAL: ACCOMMODATION UNITS (MEDIUM DENSITY) APPLICANT: M & Z HUSSEIN C/- FLANAGAN CONSULTING GROUP PO BOX 5820 CAIRNS QLD 4870 LOCATION: 50 ALFRED STREET, MANUNDA PROPERTY: LOT 6 ON RP712340, PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: MEDIUM DENSITY RESIDENTIAL DCP: DCP 1 – RESIDENTIAL DENSITIES – 400 PPH DCP 2 – HEIGHT & IMPACTS OF BUILDINGS –

PRECINCT 5 REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: NONE STATUTORY ASSESSMENT DEADLINE: 15 MARCH 2004 DIVISION: 5 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council approve the development application for a Material Change

of Use (Impact Assessment) over land described as Lot 6 on RP712340, Parish of Cairns for the construction of Accommodation Units (Medium Density) consisting of 14 x 2 bedroom units and 2 x 3 bedroom units located at 50 Alfred Street, Manunda 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 proposed plan Drawing No. 8169 PR1 prepared by G James,

dated November 2003; b. The plans, specifications, facts and circumstances as set out in

the application submitted to Council; and c. To ensure that the development complies in all respects with the



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Timing of Effect 2. The conditions of the development permit must be effected prior to

the issue of a Development Permit for Building Work, except where specified otherwise in these conditions of approval.

Water Supply and Sewerage Contributions 3. The applicant/owner must contribute in accordance with Council's

policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.

The contributions must be paid at the rates applicable at the time of

payment. On the present method of calculation, the estimated total headworks contributions are $15,557.87 (4.4 EDCs) for water and $14,026.62 (5.2 EDCs) for sewerage.

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

Building Works. Traffic Management Contributions 4. The applicant/owner must contribute towards Council's Traffic


The contribution rate is that which is current at the time of payment.

The current rate of contribution is $16,849.97 (6.5 ERAs). Payment is required prior to the issue of a Development Permit for Building Works.

Car Parking and Access Requirements 5. A minimum of 20 on site car parking spaces must be provided.

The car parking layout must be designed in accordance with Australian Standard AS2890.1 1993 Parking Facilities - off street car parking, except as varied with the consent of the Chief Executive Officer. In particular:

a. the pillars at the spaces 19-21 must be redesigned to ensure

access to these spaces is not restricted.

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

Physical Means of Speed Control at Driveway Exit 7. The vehicular driveway serving the parking area must include a

physical means of speed control at the exit point. Details of the speed control device must be submitted and approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Screen Fence 8. The applicant/owner must provide a screen fence (minimum height of

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

Drainage Plan

9. The applicant/owner must investigate the drainage pattern of the

land, and submit a Drainage Plan nominating the lawful point of discharge which must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.

Lawful Point of Discharge 10. The applicant/owner must ensure that the flow of all external

stormwater from the property is directed to a lawful point of discharge being Alfred Street such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Minimum Fill and Habitable Floor Levels

11. All habitable floor levels in all buildings must be located 300 mm above the Q100 flood immunity level of 3.5 metres AHD, in accordance with Development Manual and Planning Scheme requirements.

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Landscaping Plan 12. The applicant/owner must landscape the subject land and street

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

a. Planting of the footpath with trees or shrubs, depending on any

overhead powerline constraints;

b. Landscaping of required setback areas. Such buffers shall be planted and maintained with dense planting sufficient to provide a definite and effective visual barrier; and

c. The landscaped areas as included on the proposed plan

submitted to Council. 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 Work.

Landscaping Establishment 13. 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.

Bicycle Storage 14. The applicant/owner must ensure the provision of a secured, on-site

bicycle storage area for residents. A total of six (6) spaces must be provided in accordance with Table 10-1 of AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. This storage area shall be constructed prior to the commencement of the use.

Water Saving 15. All toilet devices in the development must be fitted with dual flush

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

Refuse Collection 16. 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.

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CONCURRENCE AGENCY CONDITIONS Department of Main Roads 1. Permitted Road Access Location (i) Access between the Cairns Western Arterial Road/Alfred Street

and the subject land shall be via the existing access only. (ii) No additional direct vehicular access between the Cairns

Western Arterial Road/Alfred Street and the subject land is permitted.

2. Road Reserve Works (i) Road reserve works are required and shall be constructed in

accordance with Cairns City Council specifications and requirements.

A recent site inspection indicates that the following works are

required within the State-controlled road reserve (i.e. Alfred Street):

- removal of the broken concrete driveway apron and - replace with an industrial crossover and apron of minimum

width of 4.6m (ii) The landowner/applicant shall obtain the necessary plans, forms

and approvals of the Cairns office of the Department of Main Roads for the works within the State-controlled road reserve (i.e. Alfred Street) prior to commencing the works.

(iii) All required works within the State-controlled road (i.e. Alfred

Street) shall be completed to the satisfaction of the Director-General of the Department of Main Roads and Cairns City Council prior to the commencement of the approved use.

3. Parking When calculating carparking requirements associated with the

proposed development, no allowance shall be made for parking within the State-controlled road (i.e. Alfred Street).

B. That Council notate the property file in regards to the Department of Main

Roads requirements being Conditions 1, 2 and 3 above.

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www.ipa.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

EXECUTIVE SUMMARY: Council is in receipt of a Material Change of Use – Impact Assessment application to facilitate the addition of 6 x 2 bedroom and 2 x 3 bedroom Accommodation Units on a site that currently contains 8 x 2 bedroom Accommodation Units, located at 50 Alfred Street, Manunda. The proposed development is consistent with the intent of the Strategic Plan and Planning Scheme provisions in relation to Accommodation Units. It is recommended that the application be approved subject to reasonable and relevant conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development involves the addition of 6 x 2 bedroom and 2 x 3 bedroom Accommodation Units on a site that contains 8 x 2 bedroom Accommodation Units, associated car parking spaces and recreational areas on a 1,881m² allotment. The subject site is currently improved by 8 x 2 bedroom Accommodation Units and associated recreational facilities. The area of the site that is to contain the additional Accommodation Units presently contains the car parking areas and is void of vegetation. The Accommodation Units are proposed in two sperate buildings. The existing building is two storeys and the proposed building is three storeys. The additional building will contain car parking on the ground floor and the eight units above. The area at the front of the site contains the communal landscaped open space. Public Notification/Submissions Public notification was conducted in accordance with the provisions of the Integrated Planning Act 1997 from 21 January 2004 to 16 February 2004 and no submissions were received.

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Impact of Proposal The proposed Accommodation Units (Medium Density) have been assessed against the performance standards and provisions contained within the Planning Scheme and the results are shown below:

Criteria Requirement Proposal Comment

General Provisions Intent of Zone Residential Residential Complies Intent of Strategic Plan

Medium Density Residential Medium Density Accommodation Units

Complies

Intent of DCP DCP 1 – 400 PPH (75 people on site)

Approximately 260 PPh (49 people on site)

Complies

Car Parking 1 ¼ spaces per unit, 20 spaces required

21 spaces provided Complies

Site Coverage Maximum 35% for two or three storey building

34% Complies

Maximum Plot Ratio

1.0:1 0.7:1 Complies

Building Height Maximum 10 metres 8.4 Complies Minimum Allotment Size

1,000m2 (200 pph max) 1,881m2 Complies

Building Setbacks

Main Street Frontage – 6 metres Side & Rear Boundaries – 2 metres (Building exceeding 4.5m but not exceeding 7.5m)

7.9 metres to the building 2.5 metres

Complies Complies

Communal Landscaped Open Space

14 x 30m² plus 2 x 40m² with 40% in one area: 500m² total with 200m² in one area

Total provision of 611m² with 232m² in one area.

Complies

HEADWORKS / CONTRIBUTIONS: The following Headworks Contributions are applicable for the proposed development.

Element Comment Calculation Contribution Water Supply

District: Inner City #10 : $3,535.88/EDC 2 x 3 bdrm flats/units – 7.4 EDCs 14 x 2bdrm flats/units – 7.0 EDCs Less credit: 8 x 2bdrm flats/units – 4 EDCs Net Demand: 4.4 EDCs

4.4 EDC x $3,535.88

$15,557.87

Sewerage District: Cairns West #27 : $2,697.43/EDC 2 x 3 bdrm flats/units – 1.6 EDCs 14 x 2bdrm flats/units – 8.4 EDCs Less credit: 8 x 2bdrm flats/units – 4.8 EDCs Net Demand: 5.2 EDCs

5.2 EDC x $2,697.43

$14,026.62

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Traffic District: Cairns City Precinct 4:

$2,592.3/ERA 2 x 3 bdrm flats/units – 2 EDCs 14 x 2bdrm flats/units – 10.5 EDCs Less credit: 8 x 2bdrm flats/units – 6.5 EDCs Net Demand: 6.5 EDCs

6.5 ERA x $2,592.3 $16,849.97

Drainage Not included in a Drainage Management Plan

No contributions sought

Nil

Open Space

Not involving subdivision of land No contributions sought

Nil

Peter Boyd Planning Officer Action Officer Nikki Huddy Manager – City Assessment

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APPENDIX 1

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11 MARCH 2004

10

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – ACCOMMODATION UNITS (MEDIUM DENSITY) – 6 QUETTA CLOSE, MANOORA – DIVISION 8 Peter Boyd: 8/8/538-01 : #749653

PROPOSAL: ACCOMMODATION UNITS (MEDIUM DENSITY) APPLICANT: GLENWOOD HOMES PO BOX 159 EARLVILLE QLD 4870 LOCATION: 6 QUETTA CLOSE, MANOORA PROPERTY: LOT 8 ON RP850059, PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: MEDIUM DENSITY RESIDENTIAL DCP: DCP1 – RESIDENTIAL DENSITIES - 200 PPH DCP2 – HEIGHT & IMPACT OF BUILDINGS –

PRECINCT 5 REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NONE STATUTORY ASSESSMENT DEADLINE: 25 MARCH 2004 DIVISION: 8 APPENDIX: 1. FIRST SITE LAYOUT PLAN SUBMITTED

2. SECOND SITE LAYOUT PLAN SUBMITTED 3. UNIT CONFIGURATION AND ELEVATIONS

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LOCALITY PLAN

RECOMMENDATION:

That Council issue a Preliminary Approval in accordance with Section 3.1.6 of the Integrated Planning Act 1997 for a Material Change of Use for land situated at 6 Quetta Close, Manoora, described as Lot 8 on RP850059, Parish of Cairns subject to the following code:- 1. Table of Development

Self-Assessable Uses

Code Assessable Uses

Impact Assessable Uses

Self Assessable uses outlined in the Planning Scheme for Part of the City of Cairns for the Residential zone.

Accommodation Units (Medium Density) generally in accordance with Drawing No. 3 Revision A, Drawing No. 4, and Drawing No 5 Issue A, drawn by Glenwood Homes, attached as Appendix 3.

Impact Assessable uses outlined in the Planning Scheme for Part of the City of Cairns for the Residential zone.

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payment. On the present method of calculation, the estimated total headworks contributions are $4,243.05 (1.2 EDCs) for water and $4,362.73 (2 EDCs) for sewerage.

Traffic Management Contributions 3. The applicant/owner must contribute towards Council's Traffic


The contribution rate is that which is current at the time of payment. The

current rate of contribution is $3,488.10 (4 ERAs). Car Parking and Access Requirements 4. A minimum of 7 on site car parking spaces must be provided.

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

Details complying with all relevant provisions of the Planning Scheme must

be provided at the time Council issues a Development Permit. ADVICE 1. A further application for a Material Change of Use (Code Assessment) is

required for the proposed Accommodation Units. 2. This approval, granted under the provisions of the Integrated Planning Act




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4. The construction of the courtyards within the drainage easement will

need to be detailed at the time of application for a Development Permit. Such treatment may include the provision of removable fences to ensure Council access to the piped stormwater drain.



EXECUTIVE SUMMARY: Council is in receipt of a Material Change of Use – Impact Assessment application to facilitate the construction of 5 x 2 bedroom Accommodation Units (Medium Density), located at 6 Quetta Close, Manoora. The proposed development is consistent with the intent of the Strategic Plan and Planning Scheme, however all relevant provisions in relation to Accommodation Units have not been satisfied. It is recommended that Council issue a Preliminary Approval subject to reasonable and relevant conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development involves the construction of 5 Accommodation Units (5 x 2 bedroom units), associated car parking spaces and recreational areas on a 1,074m² allotment. The subject site is currently a vacant allotment that is void of any vegetation. The Accommodation Units are proposed in one building that is to contain the 5 car parking spaces and kitchen areas on the ground floor and bedrooms above. The application to Council was for a Development Permit, however the applicant has not demonstrated to Council Officers that on-site car parking can be provided in accordance with both the Planning Scheme and Australian Standard 2890.1 (1993) Parking Facilities – off street car parking. Therefore it has been recommended that a Preliminary Approval be issued in accordance with the above conditions. A further application will be required, however Public Notification will not be required. Public Notification/Submissions Public notification was conducted in accordance with the provisions of the Integrated Planning Act 1997 from 7 December 2003 to 13 January 2004 and no submissions were received.

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Impact of Proposal The proposed Accommodation Units (Medium Density) have been assessed against the performance standards and provisions contained within the Planning Scheme and the results are shown below:

Criteria Requirement Proposal Comment

General Provisions Intent of Zone Residential Residential Complies Intent of Strategic Plan

Medium Density Residential Medium Density Accommodation Units

Complies

Intent of DCP DCP 1 –200 PPH (21 people on site)

Approximately 140 PPh (15people on site)

Complies

Car Parking 1 ¼ spaces per unit, 7 spaces required

5 spaces provided No. See comment.


34% Complies

Maximum Plot Ratio

1.0:1 0.64:1 Complies

Building Height Maximum 10 metres 5.5 metres Complies Minimum Allotment Size

1,000m2 (200 pph max) 1,0742 Complies

Building Setbacks

Main Street Frontage – 6 metres Side & Rear Boundaries – 2 metres (Building exceeding 4.5m but not exceeding 7.5m)

6.6 metres 2.5 metres to rear boundary and 4 metres to side boundary.

Complies Complies


5 x 30m² with 40% in one area: 150m² total with 60m² in one area

Total provision of approximately 340m² with 300m² in one area

Complies

Car Parking The proposed plans submitted with the application do not comply with AS2890.1 (1993) Parking Facilities – off street car parking. An Information Request was issued to the applicant requesting a revised design. Again, the applicant provided a revised design that does not comply with AS2890. The issue of non-compliance on both occasions has been in relation to the on-site maneuvering of vehicles. Although the applicant has not provided a plan that demonstrates compliance with the relevant standards, the applicant has requested that Council Officers condition the proposed development accordingly. Council Officers are not willing to recommend the issue of a Development Permit, as the applicant has not demonstrated that the site can contain the proposed development. A condition has been included in the recommendation requiring the applicant to provide a plan that demonstrates compliance with the relevant Planning Scheme provisions and AS2890.1 (1993) Parking Facilities – off street car parking.

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Drainage Easement The proposed development includes courtyards within the drainage easement. The provision of removable fences in this area is considered acceptable. This would provide Council with full access to the underground stormwater drain pipe. This detail will be included as a condition when a Development Permit is issued. HEADWORKS / CONTRIBUTIONS: The following Headworks Contributions are applicable for the proposed development.

Element Comment Calculation Contribution Water Supply District: Inner City #10 : $3,535.88/EDC

5 x 2bdrm flats/units – 9.0 EDC Less credit for residential lot >1,500m2 – 1.30 EDC Net Demand: 1.2 EDC

1.2 EDC x $3,535.88

$4,243.05

Sewerage District: Edge Hill #24 : $2,181.37/EDC 5 x 2bdrm flats/units – 3 EDC Less credit for residential lot > 1,500m2 – 1 EDC Net Demand: 2 EDC

2 EDC x $2,181.37 $4,362.73

Traffic District: Cairns City Precinct 2 : $872.03/ERA 5 x 2bdrm units – 5 ERA Less credit for 1 single dwelling – 1.0 ERA Net Demand: 4 ERA

4 ERA x $872.03 $3,488.10

Drainage Not included in a Drainage Management Plan


Nil

Open Space Not involving subdivision of land No contributions sought

Nil

Peter Boyd Planning Officer Action Officer Nikki Huddy Manager City Assessment

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APPENDIX 1

Spaces require vehicles to reverse approximately 15m

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APPENDIX 2

Spaces do not allow vehicles to turn around on site. Parallel spaces are not suitable for off-street parking spaces.

78


APPENDIX 3

79


80


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11 MARCH 2004

11

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) ACCOMMODATION UNITS (MEDIUM DENSITY) 157-161 MARTYN STREET, MANUNDA – DIVISION 6 Kym Watton: 8/8/532-01 : #756689

PROPOSAL: ACCOMMODATION UNITS (MEDIUM DENSITY) APPLICANT: LMB DEVELOPMENTS PTY LTD C/- BRAZIER MOTTI PTY LTD P O BOX 1185 CAIRNS Q 4870 LOCATION: 157-161 MARTYN ST, MANUNDA PROPERTY: LOTS 1 & 2 ON RP710791, PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: MEDIUM DENSITY RESIDENTIAL DCP: DCP1 – RESIDENTIAL DENSITIES 400PP/HA DCP2 – HEIGHT & IMPACT OF BUILDINGS –

PRECINCTS 5 DUAL OCCUPANCY DESIGNATED AREA REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: 15 STATUTORY ASSESSMENT DEADLINE: 18 MARCH 2004 DIVISION: 6 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council approve the development application for a Material Change of Use (Impact Assessment) over land described as Lot 1 and Lot 2 on RP710791, Parish of Cairns to facilitate the construction of Accommodation Units (Medium Density) consisting of 6 x 2 bedroom and 4 x 3 bedroom units located at 157-161 Martyn Street, Manunda 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 Drawing Numbers 0305 Sheet Number 1 Issue A,

0305 Sheet Number 2 Issue E and Issue D, 0305 Sheet Number 3 Issue D;

b. The plans, specifications, facts and circumstances as set out in the




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

Work. Traffic Management Contributions 4. The applicant/owner must contribute towards Council's Traffic



current rate of contribution is $16,849.97 (6.50 ERAs). Payment is required prior to the issue of a Development Permit for Building Work.

Car Parking and Access Requirements 5. A minimum of thirteen (13) on site car parking spaces must be provided.

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

6. The car parking and driveway must be constructed in accordance with the

approved plan and Council's Development Manual specifications prior to commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer; in particular the driveway must have a minimum width of 5.4 metres.

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Landscaping Plan 7. The applicant/owner must landscape the subject land and street frontage in

accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit. In particular, the plan must show:

a. Landscaping and/or screen fencing along the southern boundary of the

site to provide privacy. Such buffer shall be planted and maintained with dense tropical landscaping sufficient to provide a definite and effective visual barrier.

b. The landscaped areas as included on the proposed plan submitted to

Council. 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.

Building Design 8. The applicant/owner must ensure that the following features are

incorporated in the design of the building: a. Artificial cooling devices shall be limited to Split System Air

Conditioners only; and

b. The applicant/owner shall provide fixed screening to the southern end of the balconies on the front and end units for levels two and three.

The details must be indicated on plans submitted at the time of a Development Permit for Building Work.

General External Works 9. The applicant/owner must at its own cost undertake the following works


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

b. Replace damaged sections of existing kerb and channel; and c. Construct a 2.0 metre wide concrete footpath to Martyn Street.

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Three (3) copies of a plan of the works must be submitted and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of use.

Building Over/Adjacent Sewer 10. The applicant must either: a. Relocate the existing sewer or site the proposed building such that the

sewer is a minimum of 1.5 metres away from the building and clear of the zone of influence from the footings and foundations of any building/structure; or

b. Replace the existing sewer main under or within 1.5 metres of the

building and within the zone of influence of the footings and foundations with uPVC sewer pipe class SEH.

All the above sewer works must be designed and constructed in accordance

with Council's 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.

Drainage Plan

11. The applicant/owner must investigate the drainage pattern of the land, and

submit a Drainage Plan nominating the lawful point of discharge, which must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.

Lawful Point of Discharge 12. The applicant/owner must ensure that the flow of all external stormwater

from the property is directed to a lawful point of discharge being Martyn Street, such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Minimum Fill And Habitable Floor Levels 13. All habitable floor levels in all buildings must be located 300mm above the

Q100 flood immunity level of 3.0 metres AHD or the minimum fill level of 3.40 metres AHD (whichever is the greater), in accordance with Development Manual and Planning Scheme requirements. Council’s current records indicate existing ground levels range from 2.65 metres in the south west corner of the site to 2.80 metres AHD in the north west corner of the site.

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Screen Fence 14. The applicant/owner must provide a screen fence (minimum height of 1.8

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

Refuse Collection 15. 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.

Water Saving 16. All toilet devices in the development must be fitted with dual flush cisterns

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

Miscellaneous 17. The applicant/owner is responsible for the reconfiguration (amalgamation) of

Lot 1 & Lot 2 on RP710791, Parish of Cairns 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 issue of the Certificate of Classification for Building Work.







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EXECUTIVE SUMMARY: Council is in receipt of a Material Change of Use – Impact Assessment application to facilitate the construction of 6 x 2 bedroom and 4 x 3 bedroom Accommodation Units (Medium Density), associated car parking and recreational areas located at 157-161 Martyn Street, Manunda. The proposed development is consistent with the intent of the Strategic Plan and specific provisions in relation to Accommodation Units and therefore it is recommended that the application be approved subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development involves the construction of 6 x 2 bedroom and 4 x 3 bedroom Accommodation Units for permanent residents. The Accommodation Units are proposed in a three storey building consisting of communal landscaped open space, car parking and two units (2 x 2 bedroom) on the ground floor, and four units (2 x 2 bedroom and 2 x 3 bedrooms) on the second and third floors. The subject land comprises two allotments, and is currently improved by a dwelling, which will be demolished prior to the construction of the Accommodation Units. Surrounding development is generally single storey detached dwellings, with some Accommodation Units within the vicinity. Compliance

with the Intent

Comments

Planning Scheme

Planning Scheme for Part of the City of Cairns

Zone Residential Yes Consistent with the intent of the Residential zone in this instance.

Strategic Plan

Medium Density Residential

Yes Identified by the Strategic Plan as being suitable for higher density residential.

DCP DCP 1 – Residential Densities 400 Persons Per Hectare DCP 2 – Height & Impact of Buildings – Precinct 5

Yes

Impact of Proposal The proposed Accommodation Units (Medium Density) have been assessed against the performance standards and provisions contained within the Planning Scheme and the results are shown below.

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Criteria Requirement Proposal CommentGeneral Provisions Car Parking 1.25 spaces per unit, 13 spaces

required 10 garages & 3 visitor spaces provided

Complies


35% Complies

Maximum Plot Ratio

1.0:1 1.0 : 1 Complies

Building Height Maximum 10 metres 8.8 metres Complies Population Density Maximum 400pph (48 persons on

site) 32 people on site (265pph)

Complies

Minimum Size Allotment

1,000m2 (400pph max)

Lot 1 – 582m2 Lot 2 – 627m2 Total Area – 1,209m2

Complies

Building Setbacks Main Street Frontage : 6 metres Side & Rear Boundaries: 1.5 metres

13.8 metres Side Boundary 2.5m Rear Boundary – 3.5 m

Complies Complies


30m2 per 2 bedroom unit plus 40m2 per 3 bedroom unit 6 x 30m2 plus 4 x 40m2 with 40% in one area: 340m2 with 136m2 in one area

Total provision of 340m2 with 172m2 in one area

Complies

Public Notification/Submissions Public notification was conducted in accordance with the provisions of the Integrated Planning Act 1997 from 25 November 2003 to 18 December 2003 and 15 submission were received. Following the completion of the public notification period, the applicant undertook extensive negotiation with the submitters, Council Officers and the divisional Councillor in order to address the submitters concerns. As a consequence of the submitters not willing to compromise, the applicant has amended the proposal numerous times, with the final amendments to the proposal addressing the submitters main concerns. In accordance with Section 3.2.10 of the Integrated Planning Act 1997 a second round of public notification of the proposal was not required and the assessment of the application continued once Council had received the final copy of the amended plans. The main concerns raised by the submitter, and planning officer comments, are summarised below: The proposed development does not comply with the Planning Scheme or Strategic Plan as it will have a detrimental impact on the amenity of the neighbouring houses, such as loss of privacy, overshadowing, and increased noise impacts. Furthermore, the proposed development does not allow for adequate day lighting, ventilation and natural climate control, in particular the indoor living areas, courtyards and balconies should wherever possible have a northerly aspect.

89


Officer Comments Privacy was the main area of concern for all of the submitters involved in the negotiations with the applicant. The residents of the adjoining properties were concerned that the residents of the units would be able to view directly into their properties, particular concern was raised with regard to overlooking from the balconies. The balconies increase the liveability and amenity of the Accommodation Units for the future residents, in response to the submitters concerns, the applicant amended their proposal so that the middle units on levels two and three were redesigned so that the balconies are located on the northern side of the proposed complex. The balconies on the ground and end units of levels two and three have also been redesigned so that their balconies are facing towards Martyn Street or towards the rear of the property. In addition to the treatment of the balconies, as negotiated between the applicant, submitters and Council Officer’s, the applicant has agreed to the inclusion of fixed screening to the southern end of the balconies on the front and end units for levels two and three, and the inclusion of screen fencing and dense landscaping to the southern boundary of the site. In addition to the screen fencing and fixed screening, the applicant has also agreed that only split system air conditioners will be installed in order to reduce noise impacts, accordingly a condition has been included. The proposed Accommodation Units comply with Development Control Plan 2 – Height and Impact of Buildings height requirement and the Standard Building Regulations setback requirements. The proposed development does not comply with the specific requirements of the Planning Scheme for Accommodation Units or the Strategic Plan which aims to minimise the severity of adverse impacts arising from the incongruities of building types and densities. Officer Comments Section 4.6.8 of the Planning Scheme contains the specific requirements for Accommodation Units (Medium Density). As demonstrated in the table above in Impact of Proposal, the proposed development complies with all of the requirements contained within Section 4.6.8. Furthermore, the area has been identified for medium density residential development. The proposed development does not comply with the on-site car parking standards contained within the Planning Scheme, and the erection of the Accommodation Units will result in increased noise and traffic movements in Martyn Street. Council should request the applicant provide additional on-site car parking spaces as on-street car parking spaces are currently utilised by workers from the Council Depot. Officer Comments The subject site is located on Martyn Street which is identified as a Sub-Arterial Road on Council’s road network hierarchy. It is considered that Martyn Street has the capacity to accommodate the proposed development.

90


The Planning Scheme requires that where an access driveway provides access to more than 10 parking spaces, the minimum width of the driveway shall be 5.4 metres. The driveway has a width of 5.4 metres and therefore complies with this requirement. Furthermore, the Planning Scheme requires that car parking be provided at a rate of 1 and a quarter spaces per unit, the proposed development includes the provision of 13 on site car parking spaces, therefore complying with this requirement. The car parks will be constructed to the appropriate standards and meet the requirements for on-site car parking requirements for Accommodation Units. Noise emanating from the site is not anticipated to effect the surrounding residences. The provision of 13 car parking spaces is considered sufficient, and Council Officer’s could not justify a request for additional on site car parking spaces. The proposed development will result in a loss of unique Queensland architecture within Parramatta Park. Officer Comments As population growth continues to increase it is necessary to identify areas suitable for medium density residential development. The area has been identified for medium density residential development, and the proposed development complies with the specific requirements of the Planning Scheme for Accommodation Units. Furthermore, the subject site is included in the Historic Cultural Heritage Significance Overlay Code in CairnsPlan, the subject site is included in a Character Precinct. The purpose of the Character Precinct is to retain historic cultural heritage significance and streetscape values and new uses and works are sympathetic to, and respectful of, these values. Whilst the grounds of the submission are relevant, CairnsPlan is still a draft document and therefore it is not possible to heavily rely on the document to begin to refuse development applications, when the proposal clearly complies with the current Planning Scheme requirements. Clause 4.9 (1)(a) of Development Control Plan 2 – Height and Impact of Buildings requires shadow diagrams to be provided for tall buildings, although the proposed building is not a tall building, it would be appropriate to have shadow diagrams to determine the effect of overshadowing on adjoining prosperities. Officer Comments Section 4.9 applies to tall buildings, as the proposal does not involve a tall building, this section does not apply. Accommodation Units within the street will result in a decrease in property values for the surrounding area, and the proposed development does not comply with the Strategic Plan aim to promote quality and equity as one property owner will profit at the expense of their neighbours. Officer Comments Financial implications are not a reasonable planning ground.

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HEADWORKS / CONTRIBUTIONS: Element Comment Calculation Contribution Water Supply District: Inner City #10: $3,535.88/EDC

6 x 2brdm units – 3.0 EDC plus 4 x 3bedrm units – 2.80 EDC less credit for existing lots 401m2 – 900m2 – 2.0 EDC Net Demand: 3.80 EDC

3.80 EDC x $3,535.88

$13,436.34

Sewerage District: City #23: $2,297.34/EDC 6 x 2brdm units – 3.60 EDC plus 4 x 3bdrm units – 3.20 EDC less credit for existing lots 401m2 – 900m2 – 2.0 EDC Net Demand: 4.80 EDC

4.80 EDC x $2,297.34

$11,027.21

Traffic District Cairns City Precinct 4: $2,592.30/ERA 6 x 2brdm units – 4.50 ERA plus 4 x 3bdrm units – 4.0 ERA Net Demand: 6.50 ERA

6.50 ERA x $2,592.30

$16,849.97

Drainage CBD & Environs DMP No contributions sought

Not Applicable


Not Applicable

Kym Watton Planning Officer Action Officer Nikki Huddy Manager – City Assessment

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Appendix 1

93


94


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11 MARCH 2004

12

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – ACCOMMODATION UNITS (MEDIUM DENSITY) – 83 HAYWARD STREET, MOOROOBOOL – DIVISION 7 Kym Watton: 8/8/519-01 : #756707

PROPOSAL: ACCOMMODATION UNITS (MEDIUM DENSITY) APPLICANT: GLENWOOD HOMES PTY LTD C/- BUILDING APPROVAL SERVICE P O BOX 606 SMITHFIELD Q 4878 LOCATION: 83 HAYWARD STREET, MOOROOBOOL PROPERTY: LOT 24 ON RP712047, PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: MEDIUM DENSITY RESIDENTIAL DCP: DCP1 – RESIDENTIAL DENSITIES – 400 PPHA

DCP2 - HEIGHT & IMPACT OF BUILDINGS– PRECINCT 2

REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: THREE STATUTORY ASSESSMENT DEADLINE: 29 MARCH 2004 DIVISION: 7 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council approve the development application for a Material Change of Use (Impact Assessment) over land described as Lot 24 on RP712047, Parish of Cairns to facilitate the construction of Accommodation Units (Medium Density) consisting of 4 x 2 bedroom units located at 83 Hayward Street, Mooroobool 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, Drawing Numbers 2 Issue A; 3 Issue A; 4 Issue A

and 5 Issue A prepared by Glenwood Homes; b. The plans, specifications, facts and circumstances as set out in the




97








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

Work. Traffic Management Contributions 4. The applicant/owner must contribute towards Council's Traffic



current rate of contribution is $4,231.54 (2.0 ERAs). Payment is required prior to the issue of a Development Permit for Building Work.

Car Parking and Access Requirements 5. A minimum of five (5) on site car parking spaces must be provided.

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

6. The car parking and driveway must be constructed in accordance with the

approved plan and Council's Development Manual specifications prior to commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer; in particular the driveway must have a minimum width of 3 metres.

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Landscaping Plan 7. The applicant/owner must landscape the subject land and street frontage in

accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. 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;

b. Landscaping of required setback areas, being a minimum 6 metre wide buffer along the Hayward Street frontage. Such buffer shall be planted and maintained with dense planting sufficient to provide a definite and effective visual barrier; and

c. The landscaped areas as included on the proposed plan submitted to

Council. 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.

Building Over/Adjacent Sewer 8. The applicant must either: a. Relocate the existing sewer or site the proposed building such that the

sewer is a minimum of 1.5 metres away from the building and clear of the zone of influence from the footings and foundations of any building/structure; or

b. Replace the existing sewer main under or within 1.5 metres of the

building and within the zone of influence of the footings and foundations with uPVC sewer pipe class SEH.

All the above sewer works must be designed and constructed in accordance

with Council's 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.

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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 Hayward Street such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

General External Works 10. The applicant/owner must at its own cost undertake the following works


a. Replace damaged sections of existing kerb and channel; and b. Provision of a concrete crossover(s) and apron(s).

Three (3) copies of a plan of the works must be submitted and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of use.

Minimum Fill and Habitable Floor Levels 11. All habitable floor levels in all buildings must be located 300 mm above the

Q100 flood immunity level of 4.10 metres AHD, in accordance with Development Manual and Planning Scheme requirements.

Screen Fence 12. The applicant/owner must provide a screen fence (minimum height of 1.8

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

Refuse Collection 13. 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.

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Water Saving 14. All toilet devices in the development must be fitted with dual flush cisterns

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







EXECUTIVE SUMMARY: Council is in receipt of a Material Change of Use – Impact Assessment application to facilitate the construction of 4 x 2 bedroom Accommodation Units (Medium Density), associated car parking and recreational areas located at 83 Hayward Street, Manoora. The proposed development is consistent with the intent of the Strategic Plan and specific provisions in relation to Accommodation Units and therefore it is recommended that the application be approved. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development involves the construction of 4 x 2 bedroom Accommodation Units providing for permanent residents. The Accommodation Units are proposed in a two storey building consisting of communal landscaped open space, car parking and two units (2 x 2 bedroom) on the ground floor, and two units (2 x 2 bedroom) on the second floor. The subject site is currently vacant. Surrounding development is generally single storey detached dwellings with a small number of duplexes within the vicinity of the subject site.

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Compliance

with the Intent

Comments

Planning Scheme

Planning Scheme for Part of the City of Cairns

Zone Residential Yes Consistent with the intent of the Residential zone in this instance.

Strategic Plan

Medium Density Residential

Yes Identified by the Strategic Plan as being suitable for higher density residential.

DCP DCP 1 – Residential Densities 400 Persons Per Hectare DCP 2 – Height & Impact of Buildings – Precinct 5

Yes

Impact of Proposal The proposed Accommodation Units (Medium Density) have been assessed against the performance standards and provisions contained within the Planning Scheme and the results are shown below. Criteria Requirement Proposal Comment General Provisions Car Parking 1.25 spaces per unit, 5 spaces

required 5 spaces plus 1 vehicle wash bay provided

Complies


24% Complies

Maximum Plot Ratio

1.0:1 0.50 : 1 Complies

Building Height Maximum 10 metres 5.5 metres Complies Population Density Maximum 400pph (32 persons on

site) 12 persons (148pph) Complies

Minimum Size Allotment

800m2 (200pph max) 809m2 Complies

Building Setbacks Main Street Frontage : 6 metres Side & Rear Boundaries: 2.5 metres

25 metres 2.7 metres

Complies Complies


30m2 per 2 bedroom unit 4 x 30m2 with 40% in one area: 120m2 with 48m2 in one area

Total provision of 230m2 with 122m2 in one area

Complies

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Public Notification/Submissions Public notification was conducted in accordance with the provisions of the Integrated Planning Act 1997 from 15 December 2003 to 20 January 2003 and three submissions were received. The main concerns raised by the submitters are summarised below, followed by Officer’s comments. The erection of Accommodation Units will result in increased noise and traffic movements in Hayward Street. Officer Comments The subject site is located on Hayward Street which is identified as a Access Street on Council’s road network hierarchy. The Cairns City Council’s Development Manual states that an Access Street containing 30-200 dwellings will generate up to 300-2000 vehicle movements per day. It is considered that Hayward Street has the capacity to facilitate the proposed Accommodation Unit development. Furthermore, the proposed development provides six on site car parking spaces. The car parks will be constructed to the appropriate standards and meet the requirements for on-site car parking requirements for Accommodation Units. Noise emanating from the site is not anticipated to effect the surrounding residences. There are a lot of existing unit complexes in Cairns already, which is impacting on the heritage of areas. Officer Comments As population growth continues to increase it is necessary to identify areas suitable for medium density residential development. Many of Cairns Inner City areas have been identified as suitable for Medium Density Residential development; such as the subject site. The proposed development furthers the intent of the Planning Scheme. There are currently no unit complexes within Hayward Street. Officer Comments All of the allotments within Hayward Street are included in the Residential zone. Medium Density Residential development in the form of townhouses, apartments and the like are considered appropriate in the zone, and are in accordance with the intent the Residential zone. Furthermore, the subject site is included in the Medium Density Residential preferred dominant land use designation in the Strategic Plan, which indicates areas that are used or intended to be used for medium density residential purposes.

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The balconies located at the front of the Accommodation Units will result in overlooking to adjoining properties. Officer Comments While consideration of the residential amenity of the surrounding residences has been taken into account, the area has been identified for medium density residential development, and the proposed development complies with all of the requirements of the Planning Scheme for Accommodation Units. Existing trees and an existing fence currently obscure views to the adjoining properties to both sides of the subject site and the rear of the site. The trees and landscaping are contained on both the subject site and the adjoining allotments. Given that some of the trees and landscaping are contained within the adjoining properties, it is anticipated that views into the adjoining properties from the subject site will remain obscured even if the subject site is cleared of all vegetation. Furthermore, the Planning Scheme requires that Accommodation Units be setback a minimum of 2 metres from the side and rear boundaries and a minimum of 6 metres from the main street frontage. The building is set back 25 metres from the Hayward Street frontage, and the balconies will be facing the street, not the adjoining properties. Accommodation Units within the street will result in a decrease in property value for the surrounding area. Officer Comments Property values are not a planning ground. HEADWORKS / CONTRIBUTIONS: Element Comment Calculation Contribution Water Supply

District: Inner City #10: $3,535.88/EDC 4 x 2bdrm units – 2.0 EDC less credit for existing lot 401m2 – 900m2 – 1.0 EDC Net Demand: 1.0 EDC

1.0 EDC $3,53588

$3,535.88

Sewerage District: Cairns West #27: $2,697.43/EDC 4 x 2bdrm units – 2.40 EDC less credit for existing lot 401m2- 900m2 – 1.0 EDC Net Demand: 1.40 EDC

1.40 EDC x $2,697.43

$3,776.40

Traffic District: Cairns City Precinct 5: $2,115.77/ERA 4 x 2bdrm units – 3.0 ERA less credit for existing single dwelling – 1.0 ERA Net Demand: 2.0 ERA

2.0 ERA x $2,115.77

$4,231.54

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Drainage CBD & Environs DMP No

contributions sought

Nil


Nil

Kym Watton Planning Officer Action Officer Nikki Huddy Manager – City Assessment

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Appendix 1

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107


108


109


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11 MARCH 2004

13

NEGOTIATED DECISION NOTICE - RECONFIGURING A LOT – 1 LOT INTO 3 LOTS – 40 MT WILLIAM CLOSE, REDLYNCH – DIVISION 12 Peter Boyd: 8/13/683-01 : #756386

PROPOSAL: RECONFIGURING A LOT – 1 LOT INTO 3 LOTS APPLICANT: SATOKO OGO C/- JOHN MACISAAC & ASSOCIATES PTY LTD PO BOX 5174 CAIRNS QLD 4870 LOCATION: LOT 40 MT WILLIAM CLOSE, REDLYNCH PROPERTY: LOT 40 ON RP749316, PARISH OF CAIRNS ZONE: LOW DENSITY RESIDENTIAL STRATEGIC PLAN: LOW DENSITY RESIDENTIAL DCP: HILLSLOPES CATEGORY B REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: EXPIRED DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council resolve to issue a Negotiated Decision with respect to Development Application 8/13/683 for land located at 40 Mt William Close, Redlynch and described as Lot 1 on RP749316, Parish of Cairns, for Reconfiguring a Lot (1 lot into 3 lots), subject to the following: - 1. Condition 6 be amended to read as follows: 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 and water connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.

Three (3) copies of a plan of the works must be submitted to and endorsed

by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

All works must be carried out in accordance with the approved plans, to the

requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the approval and dating of the plan of survey.

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2. Condition 10 be amended to read as follows: The applicant must provide on-site sewerage disposal for each of the

proposed allotments in accordance with the recommendations contained in the Edmiston & Taylor report submitted with the application to Council. Such works are to be undertaken at the time a dwelling is erected on each lot.

3. Condition 16 be amended to read as follows: The applicant/owner must construct a 3 metre wide concrete or asphalt

driveway to the battleaxe Lots (proposed Lot 2 and proposed Lot 3) extending the full length of the access leg of the allotment and such driveway shall commence at the edge of the crossover. A passing area must be provided between the crossover and the access to Lot 3. The construction of the concrete driveway shall be in accordance with Council Standard Drawing S1110.

Three (3) copies of a plan of the works must be submitted and endorsed by

the Chief Executive Officer prior to the approval and dating of the Plan of Survey. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

4. In all other regards, the conditions and advice contained in Development

Permit 8/13/683 decided by Council on 17 December 2003 remain unchanged.

EXECUTIVE SUMMARY: Council resolved to approve with conditions an application for Reconfiguring a Lot (1 lot into 3 lots) for the subject site at its meeting on 17 December 2003. The applicant has requested Council reconsider Conditions 6, 10 and 16, which relate the requirement for a sewerage connection, the timing of the installation of on-site sewerage systems and the construction material for the driveway respectively. In consideration of the applicant’s submission, it is recommended that the requested negotiations be approved. TOWN PLANNING CONSIDERATIONS: The following section outlines the condition for which the Negotiated Decision is sought, along with the applicant’s comments and relevant officer comments.

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Condition 6 Condition 6 of the Development Permit currently reads: -

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 and water connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005. Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the approval and dating of the plan of survey.

Applicant’s Comments The condition be reworded to delete the reference to ‘sewerage works’ and ‘sewerage headworks’ as the site is not connected to Council’s sewerage network. Officer’s Comments The request is recommended and Condition 6 be amended to reflect the applicant’s concerns. Condition 10 Condition 10 of the Development Permit currently reads: -

The applicant must provide on-site sewerage disposal for each of the proposed allotments in accordance with the recommendations contained in the Edmiston & Taylor report submitted with the application to Council.

Applicant’s Comments The condition be reworded to make reference to the timing of the works required. The on-site effluent system to be installed will depend on the size of the dwelling constructed. Officer’s Comments The request for Condition 10 to be amended to reflect the applicant’s concerns is recommended for approval.

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Condition 16 Condition 16 of the Development Permit currently reads: -

The applicant/owner must construct a 3 metre concrete driveway to the battleaxe Lots (proposed Lot 2 and proposed Lot 3) extending the full length of the access leg of the allotment and such driveway shall commence at the edge of the crossover. A passing area must be provided between the crossover and the access to Lot 3. The construction of the concrete driveway shall be in accordance with Council Standard Drawing S1110.

Applicant’s Comments The condition stipulates a ‘concrete’ driveway when other options are available in terms of the Planning Scheme requirements. It is requested that ‘concrete’ be deleted or reworded to allow for a bitumen sealed or a paved driveway. Officer’s Comments The request for Condition 16 to be amended is supported, as a bitumen driveway will satisfy the intent of the Planning Scheme. Peter Boyd Planning Officer Action Officer Nikki Huddy Manager – City Assessment

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APPENDIX 1

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11 MARCH 2004

14

RECONFIGURING A LOT (1 LOT INTO 10 LOTS) – REED ROAD, TRINITY PARK – DIVISION 11 Neil Beck: 8/13/712-01 : #756433

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 10 LOTS) APPLICANT: INCOLL TPC PTY LTD C/- BRAZIER MOTTI PTY LTD P O BOX 1185 CAIRNS Q 4870 LOCATION: REED ROAD, TRINITY PARK (BLUEWATER

HARBOUR) PROPERTY: PART OF LOT 1 ON RP737281, PARISH OF

SMITHFIELD ZONE: SPECIAL FACILITIES STRATEGIC PLAN: URBAN DCP: HILLSLOPES CATEGORY A REFERRAL AGENCIES: DEPARTMENT OF NATURAL RESOURCES &

MINES NUMBER OF SUBMITTERS: NONE APPLICABLE STATUTORY ASSESSMENT DEADLINE: 19 MARCH 2004 DIVISION: 11 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council approve the application to reconfigure land described as Part of Lot 1 on RP737251, Parish of Smithfield, located at Reed Road, Trinity Beach, into 10 residential lots, subject to the following conditions: - Assessment Manager Conditions 1. The proposed Drawing No. 30935 dated 3 December 2003 attached as

Appendix 1 is approved subject to any alterations:

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

b. To ensure that the reconfiguration complies in all respects with the

requirements of Council's Development Manual and good engineering practice; and

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


SITE

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

Traffic Management Contributions 3. The applicant/owner must contribute towards Council’s Traffic

Management/Road Upgrading Program in accordance with the MacGregor East Traffic Management Plan.


current rate of contribution is $23,556.56 (10 ERA). Payment is required prior to the approval and dating of the Plan of Survey. Drainage Contributions 4. The applicant/owner must contribute towards the improvement of

stormwater quality in accordance with the Draft Trunk Infrastructure Contribution Policy.


current rate of contribution is $2,367.96 ($2,950.00 / Equivalent Hectare). Payment is required prior to the approval and dating of the Plan of Survey. Water Supply And Sewerage Contributions 5. The applicant/owner must contribute in accordance with Council's policy


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 $34,315.07 (10 EDC’s) for water and $25,350.71 (10 EDC’s) for sewerage.

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

Water Supply And Sewerage Works External 6. The applicant/owner must carry out water supply and sewerage works

external to the development to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer.

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

Three (3) copies of a plan of the works must be submitted to and must be endorsed by the Chief Executive Officer prior to commencing works for reconfiguration.

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

Landscape Plan 7. The applicant/owner must landscape the subdivision development in

accordance with the Development Manual Part 4 – Landscaping, and in accordance with a landscape plan endorsed by the Chief Executive Officer. The landscape plan must be submitted to and be endorsed by the Chief Executive officer prior to the submission of the Plan of Survey to Council for approval and dating of the Plan of Survey.

Landscaping Establishment 8. Areas that are to be landscaped must be established prior to the

commencement of the use to the satisfaction of the Chief Executive Officer.

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 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.

Soil And Water Management Plans 10. Soil and water management (erosion control) plans in accordance with

Council's Development Manual must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Operational Works.

Installation Of SWM Measures 11. The soil and water management measures endorsed by the Chief Executive

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

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Three (3) copies of a plan of the works must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for carrying out Operational Works. Such works must be constructed in accordance with the endorsed plan, to the satisfaction of the Chief Executive Officer and Council’s Development Manual prior to approval and dating of the Plan of Survey.

Electricity and Telecommunications 12. The applicant/owner must provide written evidence of negotiations with the

electricity supply and telecommunication authorities that services will be provided to the development. Such evidence must be provided prior to the approval and dating of the Plan of Survey.

ADVICE AGENCY Department of Natural Resources and Mines 1. The applicant is to ensure that any fill material has been confirmed a non-

ASS, or that it has been subject to appropriate verification testing (ie laboratory analysis) in accordance with the ASSMP (Bluewater Canal Development) to ensure there is no acid generation potential and that the neutralising capacity of the treated soil exceeds the existing and potential acidity of the soil.

ADVICE 1. This approval, granted under the provision of the Integrated Planning Act

1997, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.



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.

EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land within the Special Facilities zone into 10 residential lots having areas of between 709m2 and 892m2 located at Reed Road, Trinity Beach. A proposal plan is attached as Appendix 1.

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The description for the Special Facilities zone covers the marina, shops, entertainment areas, showrooms and residential accommodation with a maximum of 300 units. The approved number of residential lots is 183 and five (5) townhouse lots. The land, the subject of this application was intended to be for townhouse development. The additional 10 residential lots proposed does not exceed the maximum of lots permitted by the Special Facilities zone. The Department of Natural Resources & Mines were forwarded a copy of the application in accordance with the Integrated Planning Act as an Advice Agency and conditions forwarded by the Department are contained within the Recommendation. The lot reconfiguration is considered appropriate and approval is recommended subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development seeks to create an additional 10 residential lots in Stage 1 of the Bluewater Harbour Canal Development. The site was previously intended for townhouses. The change is in accordance with the existing Special Facilities zone. The proposed layout is consistent with Residential 1 zone with all lots having areas greater than 600m2. Strategic Plan/DCP The land is designated as Urban as the preferred dominant land use. This designation includes those areas intended to be developed for residential purposes. The proposed development is consistent with the intent of the Strategic Plan. Land Zoning The land is zoned Special Facilities with a comprehensive description of the approved uses of Marina, shops, entertainment areas, showrooms and residential accommodation, with a maximum of 300 units. The approved number is 183 house lots with 5 townhouse lots. Approval of the additional allotments will remain less than that provided for within the Special Facilities zone. Impact of Proposal No concerns are raised with regard to the impact of the proposed development. The potential impact of the development has been significantly minimised given that the site was to be developed for higher density residential. The lot reconfiguration is acceptable.

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Advice Agency Response As previously mentioned, the application was forwarded to the Department of Natural Resources & Mines for comment regarding acid sulphate soils. The Department has stated that “the information provided is not sufficient to determine if SPP2/02 applies” and noted that the site is within the area subject to the “Acid Sulphate Soils Management Plan Bluewater Canal Development” which is currently being assessed. The department has requested that a condition be placed on the approval regarding the implementation of the Acid Sulphate Soils Management Plan. The condition has been included within the recommendation. HEADWORKS / CONTRIBUTIONS: The following contributions are applicable to the proposed development.

Element Comment Calculation Contribution Water District 5: $3,431.51/EDC

Smithfield Trinity 10 Lots 401m2 to 900m2 -10 EDC March 04 Total Demand: 10 EDC

10 EDC $3,431.51 $34,315.07

Sewerage District 8: $2,535.07/EDC Reed Road 10 Lots 401m2 to 900m2 -10 EDC March 04 Total Demand: 10 EDC

10 EDC $2,535.07 $25,350.71

Traffic District 12: $2,355.66/ERA 10 lots MacGregor East Total Demand : 10 ERA

10 ERA x $2,355.66 $23,556.56

Drainage No contributions applicable for the CBD & Environs Drainage Management Plan.

Not Applicable Nil

Open Space No contributions applicable. Land previously surrendered for open space purposes.

Not Applicable Nil

Neil Beck Team Leader Action Officer Nikki Huddy Manager – City Assessment

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APPENDIX 1

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11 MARCH 2004

15

RECONFIGURING A LOT (1 LOT INTO 4 LOTS) - 315-321 KAMERUNGA ROAD & CHARLESKATA CLOSE, FRESHWATER – DIVISION 12 Neil Beck : 8/13/699-01: #757566

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 4 LOTS) APPLICANT: LMB DEVELOPMENTS C/- BRAZIER MOTTI PTY LTD P O BOX 1185 CAIRNS Q 4870 LOCATION: 315-321 KAMERUNGA ROAD & CHARLESKATA

CLOSE, FRESHWATER PROPERTY: LOT 1 ON RP733156, PARISH OF CAIRNS ZONE: RESIDENTIAL 2 STRATEGIC PLAN: RURAL CONSTRAINED DCP: HILLSLOPES DCP – CATEGORY B REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT 17 MARCH 2004 DEADLINE: DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council approve the application to reconfigure land described as Lot 1

on RP733156, Parish of Cairns, located at 315-321 Kamerunga Road and Charleskata Close, Freshwater, into 4 lots subject to the following conditions: -

Assessment Manager Conditions 1. The proposed Plan of Survey No. 31043/004B titled Plan of Proposed

Layout of Lots, dated 17-02-04 attached as Appendix 1 is approved subject to any alterations:

a. Found necessary by the Chief Executive Officer at the time of

examination of the engineering plans or during construction of the development because of particular engineering requirements;



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

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 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

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 $1,802.85 (0.6 EDC) for water and $1,660.20 (0.6 EDC) for sewer.

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

Drainage Contributions 4. The applicant/owner must contribute towards the augmentation of

stormwater drainage services and associated services in accordance with the Freshwater Creek Drainage Management Plan.


The current rate of contribution is $781.25 ($260.42 /Lot).

Payment is required prior to approval and dating the Plan of Survey. 5. The applicant/owner must contribute towards the improvement of



The current rate of contribution is $3,236.15 ($2,950.00 / Equivalent Hectare).

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

Park Contribution In Lieu Of Land 6. The applicant/owner is to make a monetary contribution for the

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

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The contribution must be paid at 10% of the unimproved capital value of the subject land applicable at the time of payment. On the present method of calculation, the estimated total parkland contribution is $48,000.

Water Supply And Sewerage Works External 7. The applicant/owner must carry out water supply and sewerage works

external to the development to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer.

In particular, each allotment must be provided with a single internal

sewer connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.

Three (3) copies of a plan of the works must be submitted to and must

be endorsed by the Chief Executive Officer prior to commencing works for reconfiguration.

All works must be carried out in accordance with the approved plans,

to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to commencing works for reconfiguration.

Site Access

8. Vehicular access from the Stratford Connection Road is not permitted. Access is to be as follows:

a. Vehicular assess to proposed Lots 2, 3 and 4 is to be via the

proposed driveway from Charleskata Close which must be contained within the property boundaries of proposed Lot 4;

b. Vehicular assess to proposed Lot 1 must be 40 metres from the

access point of the common driveway. Combined access for the residential lots and proposed Lot 1 is not permitted.

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.

Access Driveway Design 9. The internal access driveway contained within proposed Lot 4 must be

designed to the satisfaction of the Chief Executive Officer so as to provide adequate access for vehicles, and must be so constructed as to be capable of supporting the mass of the vehicle.

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Three (3) copies of a plan of the works must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. Such works must be constructed in accordance with the endorsed plan, to the satisfaction of the Chief Executive Officer and Council's Development Manual prior to approval and dating of the Plan of Survey.

General External Works

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

a. Construct two separate concrete crossover(s) and apron(s) in

Charleskata Close; b. Make good the kerb(s) at redundant crossover(s);

c. Replace damaged sections of existing kerb and channel; and d. Construct a two (2) metre wide concrete footpath for the full

Kamerunga Road frontage to connect to the existing footpath to the south west of the site.

Three (3) copies of a plan of the works must be submitted to and be

endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. Such works must be constructed in accordance with the endorsed plan, to the satisfaction of the Chief Executive Officer and Council's Development Manual prior to the approval and dating of the Plan of Survey.

Acoustic Fence

11. The applicant/owner must provide an acoustic screen fence to provide acoustic buffering from the noise generated by the plant located adjacent to the common boundary of Lot 1 on RP733156 (the restaurant) with proposed Lot 2. A report by an Acoustic Engineer must detail the work necessary to result in acceptable noise level at the position of a future dwelling. Three (3) copies of plan of 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.

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Landscape Plan

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

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

and further planting of trees and shrubs along the proposed driveway on the existing bank.

Existing native and significant vegetation must be retained and only be removed with the written consent of the Chief Executive Officer.

Lawful Point Of Discharge 13. The applicant/owner must ensure that the flow of all stormwater from

the property is directed to a lawful point of discharge, being by the proposed Easement D to the Stratford Connection Road 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.

Survey of Existing Structures & Services 14. The applicant is to provide written confirmation that all existing

structures and services associated with the existing Caravan Park are contained in proposed Lot 1. In any instance where the existing services are not contained within the 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 to the Department of Natural Resources & Mines.

All structures within proposed Lots 2, 3 & 4 must be demolished prior to

approval and dating of the Plan of Survey. Access easement

15. The applicant/owner must, at their own cost, create reciprocal access easements over proposed Lot 4 in favour of proposed Lot 2 and Lot 3 to allow vehicle access for both properties, to the requirements and satisfaction of the Chief Executive Officer. The easement documents must have regard to maintenance issues associated with the driveway and vegetation.

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A copy of the easement documents must be submitted to Council for the approval of the Council's solicitors at the expense of the owner. The easement documents must be lodged and registered in the Department of Natural Resources and Mines in association with approval and dating of the Plan of Survey.

Miscellaneous 16. The applicant/owner must provide written evidence of negotiations with

the electricity supply and telecommunications authorities that services will be provided to the development prior to approval and dating of the Plan of Survey.

CONCURRENCE AGENCY CONDITIONS Department of Main Roads 1. Permitted Road Access Location (i) Access between the Stratford Connection Road/ Kamerunga Road

and the subject land shall be via Charleskata Close, to the satisfaction of Cairns City Council.

(ii) No direct vehicular access between the Stratford Connection

Road/ Kamerunga Road and the subject land is permitted. 2. Access Easement The applicant/ landowner shall register an access easement over a 4m

minimum wide strip in the proposed Lot 4 in favour of the proposed Lots 2 and 3, along the eastern side boundary of the proposed Lot 4, with the Titles Office of the Department of Natural Resources, to the satisfaction of the Director-General of the Department of Main Roads, prior to or in conjunction with the applicant/ landowner requesting Council to approve and date the plan of survey of the subject land.

An all-weather access shall be constructed within the access easement

prior to the applicant/ landowner requesting Council to approve and date the plan of survey of the subject land, to the requirements and satisfaction of Cairns City Council.

3. Hydraulic Considerations To protect the existing flood immunity of the State-controlled road (i.e.

Stratford Connection Road/ Kamerunga Road), the applicant/landowner 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 Stratford Connection Road.

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4. Advertising No advertising device for the proposed development is permitted within

the State-controlled road reserve (i.e. Stratford Connection Road).

ADVICE 1. Current requirements and estimates of development and headworks

contributions may change when elements of the Cairns City Council Infrastructure Charges Plan (ICP) are adopted.

2. This approval, granted under the provisions of the Integrated Planning

Act 1997, must cease and determine four (4) years from the date of this decision if these conditions and the Council’s Local Law and Regulations have not been fully complied with and a Plan of Survey submitted to Council for approval and dating.

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.

B. The following notation will be placed on Council's future rates record in

respect of the new lots.

‘There is a Development Permit on this property which includes conditions from the Council and the Department of Main Roads. These conditions must be adhered to, if the Development Permit is activated. For further information contact Council's City Assessment Branch’.

_____________________________________________________________________ EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land described as Lot 1 on RP733156 located at 315-321 Kamerunga Road and Charleskata Close, Freshwater into four (4) lots. The land is contained within the Residential 2 zone within the Planning Scheme. A proposal plan is attached as Appendix 1. Part of the site is improved by a caravan park, which will continue to operate on proposed Lot 1. It is anticipated that the caravan park will be redeveloped in the future for residential purposes. The application was forwarded to the Department of Main Roads for comment, and accordingly, recommended conditions of approval contain the Department’s response.

132


The proposed development is in accordance with the performance standards and provisions of the Planning Scheme and approval of the application is recommended subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is for reconfiguration of land described as Lot 1 on RP733156 having an area of approximately 1.097 hectares into four (4) lots with areas of: Lot 1 8768m2. Lot 2 546m2 Lot 3 592m2 Lot 4 1063m2 The subject site has road frontages to Kamerunga Road (approximately 61.7 metres) and Charleskata Close (62.7metres) and is currently improved by a caravan park. Proposed Lot 2, 3 and 4 will have road frontage to Kamerunga Road, however no access is permitted via Kamerunga Road. Access to these allotments is proposed via an access easement over the access leg of proposed Lot 4. No concern is raised with regard to the proposed access arrangements. Proposed Lot 1 will contain the existing caravan park and will continue to have road frontage and access from Charleskata Close. It is noted that part of the existing caravan park extends over proposed Lots 2,3 & 4. A recommended condition of approval requires that all services and structures must be removed. Strategic Plan/DCP The subject site is included within the Rural Constrained preferred dominant land use in the Planning Scheme. This designation includes those areas that may be subject to landscape values or slope or stability issues. The proposed development will create 3 additional residential lots suitable for the development of single detached dwellings being Lots 1, 2 & 3. The allotments to contain the dwellings are located on the lower slopes of the site. No concerns are raised in this regard. The subject site is designated Category B in the Hillslopes Development Control Plan. The site has previously been developed and the earthworks and clearing that are proposed are related to the construction of the vehicular access only. In the event proposed Lot 1 is redeveloped in the future, an assessment of the development against the Hillslopes DCP or applicable code will be required. Land Zoning The proposal satisfies the allotment size requirements of the deemed to comply criteria for the Residential 2 zone, for allotments with an areas greater than 450m2.

133


CairnsPlan In the Draft CairnsPlan, the Hillslopes Overlay is Category 1 Urban, the area is within the Residential 2 Planning Area with the minimum lot size of 450m2 and the bushfire risk is low. The proposed development complies with the draft CairnsPlan provisions. Impact of Proposal The frontage on the Stratford Connection Road requires footpath and kerb and channel realignment and construction, including the reinstatement of redundant crossovers and drainage works. Some significant trees will need to be retained and the bank at the rear of the three new residential lots will need to be landscaped. The traffic generation will require separation of the access points to proposed Lot 1 and the access driveway for proposed Lots 2, 3, & 4. At present, a combined access point is proposed which is unsatisfactory. A recommended condition of approval addresses this issue. HEADWORKS / CONTRIBUTIONS: The following contributions are applicable to the proposed development.

Element Calculation Comment Contribution Water District: #7: $3,004.76 / EDC

Demand 13 Caravan Park units – 5.2 EDC 3 x residential lots 401m² - 900m² - 3 EDC 1 Caravan site – 0.4 EDC Less Credit 13 Caravan Park Units – 5.2 EDC 7 Caravan Park sites – 2.8 EDC Total Demand: 0.6 EDC

0.6 EDC x $3,004.74 $1,802.85

Sewerage District #20 $2,767.01 EDC Demand 13 Caravan Park units – 5.2 EDC 3 x residential lots 401m² - 900m² - 3 EDC 1 Caravan site – 0.4 EDC Less Credit 13 Caravan Park Units – 5.2 EDC 7 Caravan Park sites – 2.8 EDC Total Demand: 0.6 EDC

0.6 EDC x $2,767.01 $1,660.20

Traffic Stratford Catchment Management Plan: $577.03/ERA No net increase in demand.

NA Nil

Drainage Within the Freshwater Creek Drainage Management Plan - $260.42/ERA 3 residential lots

3 x $260.42 / Lot $781.25

Open Space 3 New Lots area 1.97ha UCV = $480,000

10% of UCV of subject land

$48,000.00

134


Neil Beck Planning Officer Action Officer Nikki Huddy Manager – City Assessment

135


136



11 MARCH 2004

16

RECONFIGURING A LOT (BOUNDARY REALIGNMENT) - 33 & 35 CHRISTENSEN STREET & 15 ATKINSON STREET, MACHANS BEACH – DIVISION 10 Jenny Elphinstone: 8/13/757-01 : #758782

PROPOSAL: RECONFIGURING A LOT (BOUNDARY REALIGNMENT) APPLICANT: DONALD GANE 45 CHRISTENSEN ST MACHANS BEACH Q 4878 LOCATION: 33 & 35 CHRISTENSEN STREET & 15

ATKINSON STREET, MACHANS BEACH PROPERTY: LOTS 13, 14 & 15 ON SP101073 PARISH OF CAIRNS ZONE: RESIDENTIAL 1 STRATEGIC PLAN: URBAN DCP: HILLSLOPES - CATEGORY A - REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 26 MARCH 2004 DIVISION: 10 APPENDIX: 1. SITE LAYOUT PLAN

137


LOCALITY PLAN

RECOMMENDATION:

That Council approve the application for a Development Permit for Reconfiguring a Lot (Boundary Realignment) on land described as Lots 13, 14 and 15 on SP101073, Parish of Smithfield located at 33-35 Christensen Street and L15 Atkinson Street, Machans Beach subject to the following conditions:- Assessment Manager Conditions 1. The proposed Plan of Development Drawing submitted with the application

to Council on 26 February 2004 is approved subject to any alterations: a. Found necessary by the Council at the time of examination of the

Engineering Plans or during the construction of the development because of particular engineering requirements;

b. To ensure that the development complies in all respects with the

requirements of Council's Planning Scheme, Development Manual and good engineering practice; and

c. To ensure compliance with the following conditions of approval. Except where modified by these conditions of approval.

138




Existing Services 3. 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.





EXECUTIVE SUMMARY: The development is a minor change to the common boundary position that maintains regular shaped lots and minimum lot sizes required by the Planning Scheme. The reconfiguration importantly achieves a more practical access for the landowner and satisfies the minimum siting requirements for an LPG Gas cylinder. The report recommends that the application be supported. TOWN PLANNING CONSIDERATIONS: Proposal The applicant owns all three properties and resides at 15 Atkinson Street (Lot 15). The owner utilises LPG gas at Lot 15 and is required to site the gas cylinder a certain distance from the road and dwelling for safety reasons. This cannot at present be facilitated on Lot 15 due to the current boundary alignment. It is proposed to move the eastern boundary some 3.25m further east to provide the minimum siting distance for the cylinder.

139


The owner also has a shed erected at the rear of his dwelling and stores his caravan and boat in the rear yard. The boundary realignment will provide improved access to the rear yard and shed. The owner intends to sell lots 13 and 14, which front Christensen Street on separate titles, in the future and therefore seeks to formalise the new common boundary position. Refer to the proposed plan of reconfiguration in Appendix 1. Planning Scheme Provisions & Impact of Proposal The yield of three lots is retained and the development is consistent with both the Residential 1 zone and the Urban designation of the Strategic Plan. The request for the realignment is reasonable and the proposed reconfiguration will meet the Planning Scheme requirements, as tabled following. Description Scheme Requirement Proposal ComplianceMinimum Rectangle Proposed New Lot 13 Proposed New Lot 14 Proposed New Lot 15

15m x 20m 20m x 36.75m approx 20m x 36.75 23.25m x 23.25mapprox

Complies

Minimum Size Proposed New Lot 13 Proposed New Lot 14 Proposed New Lot 15

600m2 737m2 approx 737m2 approx 939m2 approx

Complies

CairnsPlan The CairnsPlan nominates that the subject land will be included in the Residential 1 Planning Area of the Barron Smithfield Planning District. The minimum lot size and rectangle proportions of 600m2 and 15m x 20m are maintained by the draft scheme. The proposed development would be compliant with the draft scheme requirements. HEADWORKS / CONTRIBUTIONS: None applicable as the boundary realignment does not create any additional lots. Jenny Elphinstone Senior Planning Officer Action Officer Nikki Huddy Manager, City Assessment

140


Appendix 1 – Site Layout Plan

141



11 MARCH 2004

17

RECONFIGURING A LOT (LEASE AGREEMENT EXCEEDING 10 YEARS) – 483 – 541 MULGRAVE ROAD, EARLVILLE – DIVISION 5 Neil Beck: 8/13/714-01 : #746587

PROPOSAL: RECONFIGURING A LOT (LEASE AGREEMENT

EXCEEDING 10 YEARS) APPLICANT: TRUST COMPANY OF AUSTRALIA PTY LTD C/- BRAZIER MOTTI PTY LTD P O BOX 1185 CAIRNS Q 4870 LOCATION: 483-541 MULGRAVE ROAD, EARLVILLE 4870 PROPERTY: PART OF LOT 2 ON RP746717, PARISH OF

CAIRNS ZONE: BUSINESS STRATEGIC PLAN: MAJOR BUSINESS CENTRE DCP: DCP2 HEIGHT & IMPACT OF BUILDINGS –

PRECINCT 7 REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS ENVIRONMENTAL PROTECTION AGENCY NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 22 MARCH 2004 DIVISION: 5 APPENDIX: 1. SITE LAYOUT PLAN

142


LOCALITY PLAN

RECOMMENDATION:

That Council approve the application to reconfigure land by agreement for a term exceeding ten (10) years on land described as Lot 2 on RP746717, Parish of Cairns, located at 483 – 541 Mulgrave Earlville, subject to the following conditions:- Assessment Manager Conditions: 1. The Plan of Reconfiguration being Plan of Lease ‘A’ on SP143216 prepared

by Brazier Motti Pty Ltd as submitted with the application is approved subject to any alterations:-

a. Found necessary by the Chief Executive Officer at the time of

examination of the Engineering Plans or during construction of the development because of particular engineering requirements;



c. To ensure compliance with the conditions of approval. Except where modified by these conditions of approval.

143


Timing of Effect

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

3. The applicant must either relocate the existing sewer or site any proposed

building/structure such that the sewer is a minimum of 1.5 metres away from the building/structure. Any Connection to the existing sewer shall require the construction of a manhole over the sewer and the provision of the connection through the manhole.

Concurrence Agency Conditions Department of Main Roads 1. Permitted Road Access Location

(i) Access between Mulgrave Road and the subject land, Lease A on proposed SP143216, shall be via the existing internal access road of the Stockland Cairns Shopping Centre and located a minimum clear distance of 50m from the edge of the existing edge line of the outer southbound lane.

(ii) No direct vehicular access between Mulgrave Road and the subject

land is permitted. 2. Advertising No advertising device for the proposed development is permitted within the

Mulgrave Road reserve. 3. Parking When calculating car parking requirements associated with the proposed

development, no allowance shall be made for parking within the Mulgrave Road reserve.

Environmental Protection Agency 1. The reconfiguration must be in accordance with the survey plan of Lease A

in Lot 2 on RP746717 prepared by Brazier Motti dated 25 July 2001. 2. It is a requirement that the applicant notify the Environmental Protection

Agency (EPA) (Contaminated Land Unit) in writing within 5 working days of the survey plan being endorsed and provide a copy of the registered plan to the EPA (Contaminated Land Unit).

144




EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land described as Lot 2 on RP746717 being part of the Earlville Shopping Centre, Earlville. The subject land is currently contained within the Business zone within the Planning Scheme and has a total area of approximately 11 hectares. The proposal seeks to divide the parent parcel into two parts with the proposed lease area being approximately 1622m². This area is located immediately adjacent the southern entrance to the shopping centre (via Mulgrave Road) and will accommodate the Woolworths Plus Petrol retail fuel outlet which was approved at Council’s meeting on 29 March, 2001. In accordance with the Integrated Planning Act, the applicant was required to forward a copy of the application to the Environmental Protection Agency (Contaminated Lands Unit) as a Concurrence Agency. Conditions forwarded by the EPA are contained within the recommendation. The Department of Main Roads were also forwarded a copy of the application as a third party advice agency and conditions forwarded by the Department are contained within the Recommendation. Approval of the application is recommended. TOWN PLANNING CONSIDERATIONS: An application for Reconfiguring a Lot is triggered under the Integrated Planning Act for dividing land into parts by agreement for a term exceeding ten (10) years consequently rendering different parts of a lot immediately available for separate disposition or occupation. Given the long term nature of the approved occupation being Woolworth Plus Petrol on part of Lot 2, Stockland Trust Group has made application to reconfigure the subject land via a metes and bound description. Allotment Size, Dimensions & Access The proposed development is in accordance with the reconfiguration of land contained within the Business zone insofar as allotment size, and minimum depth and road frontage.

145


As no access is permitted from Mulgrave Road to Lease Area ‘A’. Internal access to the approved Service Station was the subject of extended negotiations between Council, Woolworths and Centre Management of the Shopping Centre resulting in the provision of an internal round-a-bout to reduce traffic conflict and enhance internal traffic flows. No other concerns are raised with the proposed reconfiguration. HEADWORKS / CONTRIBUTIONS: An application by lease does not trigger development contributions. Neil Beck Planning Officer Nikki Huddy Manager – City Assessment

146


Appendix 1

147



11 MARCH 2004

18

RECONFIGURING A LOT (1 LOT INTO 2 LOTS) LOT 6 HOMESTEAD CLOSE – EDMONTON – DIVISION 2 Rohan Lee: 8/13/425 : #757639

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 2 LOTS) APPLICANT: NIGEL CHARLTON ROBIN ETTE PO BOX 596 EDMONTON Q 4869 LOCATION: LOT 6 HOMESTEAD CLOSE, EDMONTON PROPERTY: LOT 6 ON RP732972, PARISH OF GRAFTON ZONE: LOW DENSITY RESIDENTIAL STRATEGIC PLAN: LOW DENSITY RESIDENTIAL DCP: HILLSLOPES CATEGORY A REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: EXPIRED DIVISION: 2 APPENDIX: 1. SITE LAYOUT PLAN

148


LOCALITY PLAN

RECOMMENDATION:

A. That Council approve the application to reconfigure land described as Lot 6

on RP732972, Parish of Grafton, located at Lot 6 Homestead Close, Edmonton, into 2 lots, subject to the following conditions: -

Assessment Manager Conditions 1. The proposed plans submitted to Council on 6 July 2001, are approved

subject to any alterations: a. Found necessary by the Council at the time of examination of the

Engineering Plan or during the construction of the development because of particular engineering requirements;

b. To ensure that the development complies in all respects with the

requirements of Council’s Planning Scheme, Development Manual and good engineering practice; and

c. To ensure compliance with the following conditions of approval. Except where modified by these conditions of approval.

Plantation Road

149




Road Reserve 3. The applicant/owner must enter into negotiations with Council

regarding the transfer of land for the purpose of new road adjacent the existing cane tram corridor. An agreement between the applicant and the Council must be prepared detailing the survey, valuation, legal and compensation costs associated with the transfer, which are payable by Council prior to the approval and dating of the Plan of Survey.

Water Supply 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 headworks.

The contributions must be paid at the rates applicable at the time of the

payment. On the present method of calculation, the estimated total headworks contributions are $3,518.72 (1.3 EDCs) for water.

Payment is required prior to approval and dating the Plan of Survey. Traffic Management Contributions 5. The applicant/owner must contribute towards Council's Traffic



The current rate of contribution is $2,080.11 (1.0 ERA). Payment is required prior to the approval and dating of the Plan of

Survey. Drainage Contributions 6. The applicant/owner must contribute towards the improvement of



The current rate of contribution is $2,582.13 ($2,950.00 / Equivalent Hectare).

150


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

Water Supply and Sewerage Works 7. The applicant/owner must carry out water supply works to connect the

subject land to Council’s existing water supply headworks at a point determined by the Chief Executive Officer.

Three (3) copies of a plan of the works must be submitted to and

endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

All works must be carried out in accordance with the approved plans, to

the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to signing and sealing of survey plans.

Lawful Point of Discharge 8. The applicant/owner must ensure that the flow of all external

stormwater from the property is directed to a lawful point of discharge, nominally being Homestead Close such that is does not adversely affect surrounding properties, all to the requirements and satisfaction of the Chief Executive Officer.

Electricity and Telecommunications 9. The applicant/owner must provide written evidence of negotiations with

the electricity supply and telecommunication authorities that services will be provided to the development. Such evidence to be provided prior to the approval and dating of the Plan of Survey.

Access to Hatchet or Battleaxe Lots 10. The applicant/owner must construct concrete or bitumen sealed

driveway to battleaxe Lot 61 extending the full length of the access leg of the allotment. The construction of the driveway shall be in accordance with Council’s Development Manual and must be complete prior to dating of the Plan of Survey.

11. The applicant/owner must, at their own cost, create reciprocal access

easement to allow vehicle access and on-site manoeuvring for both properties, to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of the Council's solicitors at the expense of the owner. The easement documents must be lodged and registered in the Department of Natural Resources and Mines in association with approval and dating of the Plan of Survey.

151


B. That Council dispense with the minimum access strip requirement of 10 metres and the minimum lot size as a consequence of the requested road dedication in accordance with Part E Section 3.2.1 of the Planning Scheme for the Balance of the City of Cairns.

C. That the following notation be placed on Council’s future rates record in

respect of proposed Lot 1 and Lot 2:- “The owner(s) of this property will be required to adopt the

recommendations for on-site effluent disposal as detailed within the hydraulics report prepared by CMG Consulting Engineers Pty Ltd, received by Council on 19 December 2002, (Document Number 573086).”

ADVICE

1. This approval, granted under the provision of the Integrated Planning

Act 1997, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.




www.ipa.qld.gov.au. To access Council’s Development manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land within the Low Density Residential zone into 2 residential lots at Homestead Close, Edmonton. The proposed development demonstrates compliance with the performance standards and provisions of the Planning Scheme, however Council officers have requested tat the applicant enter into negotiations regarding a portion of the land be dedicated as new road to provide for the future expansion of Mount Peter Road. The request will result in the proposed lots having areas less than the 4000m2 prescribed by the Planning Scheme. The dispensation is supported and approval of the application is recommended subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is for reconfiguration of land described as Lot 6 on RP732972 having an area of 8753m2 into two lots with areas of 4728m2 and 4025m2.

152


The site currently contains a dwelling house and relatives accommodation. The site has frontage to Homestead Close to the west and frontage to Mount Peter Road to east. The proposed plan is attached as Appendix 1. A battle axe access strip containing driveways for both allotments and services is proposed. The access strip is at its narrowest point is 7.5 metres and at its widest point, 9 metres. The Homestead Close side of the property is crossed by an easement containing a 250mm Asbestos Cement water pipe carrying water from a water reservoir in the foothills behind the subject property. The proposed reconfiguration will result in two allotments that demonstrate compliance with all relevant provisions of the Planning Scheme. Impact of Proposal Planning Scheme Provisions Proposed Development Compliance General Intent of Zone – Low Density Residential

The proposed development does not negatively impact upon the desired intent of the Low Density Residential zone.

Complies

Intent of Strategic Plan – Low Density Residential

The proposed development does not affect the Strategic intent of the Low Density Residential designation in the Strategic Plan.

Complies

Intent of the Development Control Plan – Hillslopes DCP – Category A – Urban

The proposed development observes the provisions of the Hillslopes DCP.

Complies

Table E-1 Minimum Lot Size – Low Density Residential – Minimum Area 4000m2

The proposed reconfiguration will create 2 lots; one with an area of 4728m2 and the other with an area of 4025m2.

Complies

Minimum Dimensions 40 metres x 50 metres

Both of the proposed allotments are capable of containing the minimum dimension requirements. Lot 6: 40.0m x 90.0m Lot 61: 43.1m x 61.1m

Complies

Low Density Residential Performance Criteria Minimum width of access strip shall be 10 metres

Access strip provided with minimum width of 7.5 metres.

Does not comply – see discussion below

Number of Battle Axe allotments shall not exceed 10% of total number of allotments

There are approximately 40 lots in the immediate area including Homestead Close and Plantation Road. This proposal will bring the number of battle axe allotments to 3 – a total of approximately 4% battle axe allotments.

Complies

Battle Axe allotment shall comply with Table E-1

Minimum lot size and Minimum dimension are met.

Complies

The allotment access strip is to be provided with a 2.4 metre wide buffer of bitumen, concrete or other approved surface.

Plan of Reconfiguration does not detail access driveway.

Condition 8 gives requirements for a concrete/bitumen driveway to be constructed for the battle axe allotment.

153


Access Strip The access strip proposed is at the narrowest point 7.5 metres wide, not the 10 metres prescribed by the Planning Scheme. The applicant suggests that 7.5 metres is sufficient in this case, due to the gentle grade of the access driveway and the ability to comfortably house the access driveway, utilities and a drainage easement within the access strip. As such, it is recommended that Council provide dispensation for this requirement for reconfiguration of a lot. A recommendation has been included to this effect. Onsite Sewerage Disposal The applicant has provided sufficient information in relation to compliance with the Code of Practice for On-site Sewerage Disposal; therefore a condition has been included requiring that the land owner adopt the recommendations for on-site effluent disposal as detailed within the hydraulics report prepared CMG Consulting Engineers Pty Ltd received by Council on 19 December 2001. HEADWORKS / CONTRIBUTIONS:

Element Comment Calculation Contribution Water Supply

District 15: $2,706.70/EDC 2 Residential Lots >1,500m2 – 2.6 EDC Less credit for existing lot >1,500m2 –1.3 EDC Net Demand: 1.3 EDC

1.3 EDC x $2,706.70

$3,518.72

Sewerage Not included within a Sewered District of the City No contributions sought

Nil

Traffic District 33: $2,080.11/ERA Redhill to Edmonton TMP 2 Single Dwellings – 2.0 ERA Less Credit for existing Single Dwelling – 1.0 ERA Net Demand: 1.0 ERA

1.0 ERA x $2,080.11

$2,080.11

Drainage No applicable Drainage Management Plan No contributions sought

Nil

Open Space

Land previously surrendered under approval for Mulgrave Shire Council Rezoning 5-054-103461 (1987)


Nil

Rohan Lee Planning Officer Action Officer Nikki Huddy Manager – City Assessment

154


Appendix 1

155



11 MARCH 2004

19

CITY DEVELOPMENT – FEBRUARY 2004 MONTHLY REPORT Peter Tabulo : SDS : 1/3/83 #658824V8

RECOMMENDATION:

That this report be noted P Tabulo General Manager City Development

156


ACTIVITY: City Development – Management & Support [CAA]

Aim

To provide management and support for the City Development Division.

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

Officer Responsible

General Manager City Development

On Target Operating Initiative Status Corporate

Plan Link Due Date Complete

(enter %) Yes

(enter √) No *

(enter X)

Nil

Performance Target Assessment (3 = Satisfactory, 2 = Marginal, 1 = Unsatisfactory)

Performance Rating:

3

Variance Report As previously reported.

No. of Divisional Operating Initiatives Completed

0

4

8

12

16

20

24

1st Qtr 2nd Qtr 3rd Qtr 4th Qtr

Initiatives plannedto be completed

Actual InitiativesCompleted

Target 95%

Corporate Plan Link: Services and Infrastructure

Prospective Actions As previously reported.

Performance Rating:

3

Variance Report As previously reported.

Divisional Operating Budget Performance

-10%

0%

10%

20%

30%

40%

50%

60%

70%

80%

% u

nd

er o

r o

ver

bu

dg

et

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Revenue Expenditure

Rev tolerance range 0 to +2% Exp tolerance range 0 to -5%

Corporate Plan Link: Financial Management

Prospective Actions As previously reported.

157


Operating Divisional Budget Assessment : City Development

YTD Actual ($)

YTD Budget Revised

($)

Var ($) Var (%) Variance Report & Prospective Actions

(where variance is +/- 2%)

Revenue 4,236,572 3,866,064 370,508 10 FAVOURABLE Reasons: As previously detailed Implications / Actions: Nil

Expenditure 7,957,073 8,492,923 535,850 6 FAVOURABLE Reasons: As previously detailed Implications / Actions: Nil

Operating Budget Assessment : General Manager City Development

YTD Actual ($)

YTD Budget Revised

($)



Revenue 42,838 37,358 5,480 15 FAVOURABLE Reasons: FNQROC revenue Implications / Actions: Nil

Expenditure 385,069 383,592 (1077) 0 FAVOURABLE Reasons: Implications / Actions: Nil

158


SUB PROGRAM City Assessment [CE] ACTIVITY City Assessment – General Administration [CEA] Aim To provide management and support to the City Assessment Branch.

Level of Service

Provide management and support for Branch staff and operations. Attend to all administration requirements of the Branch in an accurate and timely

manner.

OFFICER RESPONSIBLE

MANAGER CITY ASSESSMENT



(enter %) Yes

(enter ) No *

(enter X)

1. To develop and maintain a mail list of clients.

COR2 December 100%

2. To collate monthly statistics on applications received and assessed and report to the Branch

CUS1 Monthly 60%

3. To undertake a review of the Council website and ensure that copies of all relevant strategic land use planning policies are readily available on-line

COR2 December 40%

* Variance Report for Initiatives not on target: The review of the Council website has commenced, but is not complete. The review has primarily focused on addressing CairnsPlan and ensuring relevant information is available to the community on this matter. The review has not been completed as all available resources have been directed to processing Development Applications, Planning Certificates and Pre-lodgement Inquiries. * Prospective Actions for Initiatives not on target: The review of the website will continue, as resources are available.

159



Performance Rating:

2

Variance Report Due to workloads not all targets are being met.

Planning Certificate Response Time (Target 5 days*)*note target time is between 5 and 30 business days depending on type of inquiry

26

13 11

2736

28

13

30

3

10

317

21

8

6

4

0

10

20

30

40

50

60

July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

Month

No

. R

esp

on

ded

To

within target time outside target time

Corporate Plan Link: CUS – Customer and Community

Prospective Actions Focus on meeting these deadlines will continue.

Operating Budget Assessment:

YTD Actual ($)

YTD Budget Revised

($)



Revenue 61,928 53,514 8,414 16 FAVOURABLE Reasons: Revenue is greater

than expected. This is a reflection of the high number of development applications received.

Implications / Actions: Nil

Expenditure 184,188 204,014 19,826 10 FAVOURABLE Reasons: Expenditure is less than

expected. Implications / Actions: Nil

160


ACTIVITY: Development Assessment [CEC]

Aim

To provide certainty for the development industry and the community through consistency in approach and outcomes.

Level of Service Services associated with timely and appropriate processing of :- Material Change of Use (Impact Assessment) applications; Material Change of Use (Code Assessment) applications; Reconfiguration applications; Combined Applications; Pre-lodgement enquiries; Planning Certificates; Items reported to Council; Maintain the Developer Contribution Register.

Officer Responsible

Manager City Assessment



(enter %) Yes

(enter ) No *

(enter X)

1. CairnsPlan Implementation – engage a new planning officer to respond to needs associated with the CairnsPlan.

SGD1 August 100%

2. Workshop/Training Forums in conjunction with Strategic Planning.

SGD1 October 100%

3. CairnsPlan testing.

SGD1 January 100%

4. Establish an audit/inspection program for all Material Change of Use Development Permits issued by Council between 30 March 1998 and 30 March 2000.

SGD1 December 80%

5. New training initiatives with Customer Service

COR6 Ongoing 50%

6. Undertake an audit of all developer contributions unpaid for development applications between march 1998 and June 2003.

SGD1 June 90%

7. Develop the credits register for agreements, within the existing Developer Contributions register.

SGD1 June 10%

Variance Report Due to workloads not all targets are being met. Prospective Actions Focus on meeting these deadlines will continue.

161



Performance Rating:

3

Variance Report The number of applications received, continues to remain well above the average of the last 3 years.

Planning Applications Received per Month by Year(Material Change of Use, Reconfiguring a Lot & Combined)

25

21

36

25

36

29 30

39

0

5

10

15

20

25

30

35

40

45


Month

Nu

mb

er o

f A

pp

lica

tio

ns

00 / 01 Av. 01 / 02 Av. 02 / 03 Av. 03 / 04 .

Corporate Plan Link: SGD – Sustainable Growth and Development

Prospective Actions The number of applications received is not within the control of City Assessment staff. Additional resources are being sought to manage the workload, however requitement has not been successful.

Performance Rating:

2

Variance Report The number of pre-lodgement applications continues to remain above average compared to previous years. Due to workloads deadlines are not being met.

Pre-lodgement Enquiry Response Time (Target 8 days)

0

5

10

15

20

25

30

35

40


Month

No

. R

esp

on

ded

To

< 8 days > 8 days '02 average replied to / month

Corporate Plan Link: CUS – Customer and Community

Prospective Actions Focus on meeting these deadlines will continue.

162


Performance Rating:

2

Variance Report The ability to meet deadlines was compromised by the Christmas break, and the lengthened time between Council meetings.

Number of Extension of Time Letters Sent

7 7

14

11 10 10

13

10

0

2

4

6

8

10

12

14

16


Month

Nu

mb

er

Extension of Time


Prospective Actions Focus on meeting these deadlines will continue. Council may like to consider delegated authority for some applications, to enable decisions to be issued more promptly.


YTD Actual ($)

YTD Budget Revised

($)






Expenditure 341,708 407,290 65,583 16 FAVOURABLE Reasons: Expenditure is less

than expected. Implications / Actions: Nil

163


ACTIVITY: Subdivision Services [CEE]

Aim

To provide certainty for the development industry and the community through consistency in approach and outcomes. To reduce unnecessary delays in decision-making. To support and encourage development which complies with legislative requirements, Council’s development manual and local laws, and meets community expectations.

Level of Service Service associated with timely and appropriate processing of: Operational Works application; Local Law applications; Survey Plans; Building Format Plans; Flood Searches; Maintain the Developer Contribution Calculator quarterly.

Officer Responsible




(enter %) Yes

(enter ) No *

(enter X)

1. Facilitate an Erosion and Sediment Control Training/Workshop.

COR7 June 5%

2. Undertake stage 3 & 4 of the Rural Road Addressing Program.

COR2 October 100%

3. Implement quarterly inspection program for all Extractive Industry sites.

SGD2 June 50%

4. Prepare Brochures on the Landscape Guidelines for Footpaths.

SGD1 June 80%

* Variance Report for Initiatives not on target: The high amount of development activity within the City has necessitated a re-evaluation of priorities. This increased workload, along with the inability to replace the 2 staff in this Team, will continue to make it difficult for these deadlines to be met. * Prospective Actions for Initiatives not on target: It is proposed to provide a stronger focus on facilitating the Erosion and Sediment Control Workshop.

164



Performance Rating:

3

Variance Report N/A

Operational Works Decisions per Month by Year

0

1

2

3

4

5

6

7

8

9


Month

Nu

mb

er o

f D

ecis

ion

s

Determined 03 / 04 Received 03 / 04 00 / 01 Av. 01 / 02 Av. 02 / 03 Av.


Prospective Actions N/A

Performance Rating:

3

Variance Report No comment.

Building Format Plans (BFPs) and Standard Format Plans (SFPs) Signed per Month

64

121

31

93

138

205

111

133

74

107

3 8 7 5 613 164 12

3842

107

162

73

278

315 6 302115

30

50

100

150

200

250

300


Month

No. Units created No Lots created BFPs SFPs


Prospective Actions Nil.

165



YTD Actual ($)

YTD Budget Revised

($)






Expenditure 356,177 409,777 53,600 13 FAVOURABLE Reasons: Expenditure is less

than expected. Implications / Actions: Nil

166


ACTIVITY: Strategic Land Use Planning [CEF]

Aim

To ensure that community desires, Council’s objectives, and legislative requirements are reflected in strategic plans, the CairnsPlan in liaison with Government and agencies.

Level of Service Identification and preparation of strategic plans, adopted by Council, to ensure sustainable and co-ordinated urban development.

Maintain the Development Manual.

Officer Responsible




(enter %) Yes

(enter ) No *

(enter X)

To complete the following projects : CairnsPlan Consultancy CairnsPlan Consultation & Implementation CairnsPlan printing/Design Development of Cairns Style’ brochures Resident information kits – specialised to

suburb/locality

SGD1 SGD1 SGD1 SGD1 SGD1

June June June June June

70% 50% 70% 10% 20%

Prepare CairnsPlan user guides SGD1 June 5%

* Variance Report for Initiatives not on target: There has been a staff shortage within the Strategic Planning Team. Owen McGrath has been appointed to the Strategic Planning Officer vacancy, and it is intended that he will start with the Branch in April. This additional resource will help in achieving the outstanding activities of the Team. * Prospective Actions for Initiatives not on target: Monitor.

167



Performance Rating:

2

Variance Report

Indicator: Completion of Projects Target: To complete all projects within budget and

timeframes Reporting Frequency: Quarterly Performance Assessment: On track


Prospective Actions


YTD Actual ($)

YTD Budget Revised

($)



Revenue 14,125 510 13,615 NM FAVOURABLE Reasons: The revenue is

associated with CairnsPlan. Implications / Actions: Nil

Expenditure 150,276 190,763 40,487 21 FAVOURABLE Reasons: Expenditure relates to

project work. Due to staff shortages not all projects will be completed this financial year. Implications / Actions: Review at next budget review.

168


SUB PROGRAM Environmental Assessment [CG]

ACTIVITY: Environmental Assessment – General Administration [CGC]

Aim

To provide a comprehensive and timely administrative support to the Branch and to respond in a professional manner with matters raised by ratepayers and customers.

Level of Service Maintain accurate property based records. Respond to resident’s requests within five (5) working days. Process Licensing and Registration applications within quality assured procedures

and within twenty (20) works days of receipt.

Officer Responsible

Manager Environmental Assessment


YTD Actual ($)

YTD Budget Revised

($)



Revenue 651 0 651 n/m N/A

Expenditure 108,186 130,385 22,198 17 FAVOURABLE Reasons: Vacant Position Implications / Actions: N/A

169


ACTIVITY: Building Services [CGA]

Aim

To provide building regulatory services to met State and Local legislative requirements.

Level of Service Ensure compliance of building work with Local Laws and State legislation. Maintain records of all building work. Domestic and minor commercial certification to the requirements of the Integrated

Planning Act; the Building Act and other relevant legislation. Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Carry out assessments and collate statistical information within the Legislative time frame.

COR2 June 2004 50%

2. Assessment of compliance applications for Budget Accommodation & Residential Services (Accreditation).

SGD1 June 2004 50%

3. Assessment of preliminary applications for building work.

SGD1 June 2004 50%

4. Carry out assessments and collate statistical information within the legislative time frame.

* Variance Report for Initiatives not on target: Nil * Prospective Actions for Initiatives not on target: Nil Performance Target Assessment (3 = Satisfactory, 2 = Marginal, 1 = Unsatisfactory)

Performance Rating:

3

Variance Report Increase in building activity.

Building Regulation Applications

0

100

200

300

400

500


No

of

Ap

pro

vals

Dwelling Other Commercial 2002-03 Total

Corporate Plan Link: SGD1


170


Performance Rating:

3

Variance Report N/A

Building Searches(monitor against previous year stats)

3241

27

64

3421 22

14 9

9

14

15

1010

22

9

0

10

20

30

40

50

60

70

80

90

100


Building Permit Original Date & CostCompliance 2002-03 Averaged



Performance Rating:

3

Variance Report N/A

Building Requests(monitor against previous year stats)

9

2312

17 14 14 11 14

39

2539 26

12 1526 23

0

10

20

30

40

50

60


Certificate of Classification Building Plan

2002-03 Averaged



Performance Rating:

3

Variance Report Increase in building activity and climatic conditions.

Building Complaints(monitor against previous year stats)

2220

1815

29

18

23

46

0

10

20

30

40

50


2003-04 2002-03 Averaged



171


Performance Rating:

3

Variance Report Climatic conditions.

Building Applications(monitor against previous year stats)

28

16

3240

33 35 3728

17

23

158

35 3

7

0

10

20

30

40

50

60


Siting Asthetics & Amenity

2002-03 Averaged




YTD Actual ($)

YTD Budget Revised

($)



Revenue 378,422 299,284 79,138 26 FAVOURABLE Reasons: Increase in building

activity Implications / Actions: N/A

Expenditure 182,715 194,618 11,903 6 FAVOURABLE Reasons: Wages lower than

expected Implications / Actions: N/A

172


ACTIVITY: Environmental Protection Unit [CGE]

Aim

To ensure that Council’s responsibilities are fulfilled for devolved activities under the Environmental Protection Act 1994 and the Environmental Protection (Water) Policy.

Level of Service Administer devolved Environmentally Relevant Activities (ERA’s) in accordance with standard operating procedures.

Administer the Environment Protection Policy (Water) in accordance with Memorandum of Understanding with the Environmental Protection Agency (EPA).

Provide advice and direction to external clients in order to achieve compliance with environmental licences.

Continue the Unlicensed Premises Inspection Program and the Environmental Authority Compliance Inspection Program.

Achieve 100% compliance with EPA reporting requirements. Assess complaints of an environmentally sensitive nature and action within

legislative time frames.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Conduct initial audit of unlicensed devolved ERA’s and implement corrective actions by June 04.

SGD2 June 2004 30%


Performance Rating:

3

Variance Report Increase in Environmentally Relevant Activities.

Development Approval's and Personal Licences issued for the operation of an Environmentally Relevant Activity

02468

10

July Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

No

Issu

ed

2003/2004 Average 02/03



173


Performance Rating:

3

Variance Report Increase in lawfully licensed premises.

Identification of Unlicensed Environmentally Relevant Activities

0

2

4

6

8

10


No

Iden

tifi

ed

2003/2004 Av 02/03


Prospective Actions Continued monitoring of ERAs.

Performance Rating:

2

Variance Report Climatic conditions.

Inspections conducted in accordance with the Environmantal Protection (Water) Policy 1997

0

50

100

150


Inspections Warnings Issued Penalty Infringement Notices - EPP (Water)




YTD Actual ($)

YTD Budget Revised

($)



Revenue 89,664 56,016 33,648 60 FAVOURABLE Reasons: Renewals up-to-date Implications / Actions: N/A

Expenditure 115,495 116,961 1,466 1 FAVOURABLE Reasons: Vacant position for

approximately a month Implications / Actions: N/A

174


ACTIVITY: Health Licences [CGG]

Aim

To provide regulatory and educative services for Council’s public health responsibilities under State legislation and Council’s local laws.

Level of Service Undertake licensing and inspections of all health related premises and other public health related premises (Food Premises, Accommodation/Hostel, Hairdressers).

Provide an effective inspection program as identified by the level of risk. Respond to complaints received.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Develop and deploy a Risk Management Programme for registered premises.

SGD3 June 2004 8%

2. Identify unregistered premises and implement corrective action by June 04.

SGD3 June 2004 30%

3. Engage an additional Environmental Health officer to meet Council’s on-going obligations under the Food Regulations.

COR6 Sept 2003 100%

* Variance Report for Initiatives not on target: Nil * Prospective Actions for Initiatives not on target: Nil


Performance Rating:

1

Variance Report There is a need for an increase in food safety awareness in the food industry. Lower staffing levels for the past two months.

Number of Premises rated as Acceptable

4569 74 70 77 76 68 67

0

20

40

60

80

100


Pe

rcen

tag

e

%Acceptable Target 80% Acceptable


Prospective Actions Increase food safety awareness activities within the food industry when resources available.

175


Performance Rating:

1

Variance Report 1% Renewals outstanding, submitted renewals awaiting assessment for certification.

Premises identified as Registered as a % of total premises

0

20

40

60

80

100


Pe

rcen

tag

e

% Premises Target 90% Registration

NOTE: Flat numbers excluded from ‘total premises’, as flat registrations will be dealt with as a separate project Corporate Plan Link: SGD3

Prospective Actions Ongoing assessment of Renewals.

Performance Rating:

3

Variance Report Dengue fever outbreak increased number of routine inspections carried out.

Inspections of Registered Premises

66 57 38 38 4274 64 76

169

10076 75

134 73 113

200

45

81

5917

3155

46

6826

50

21

21

34 3347

41

0

50

100

150

200

250

300

350

400

450


Month

Complaints Routine Follow-Up Notices


Prospective Actions Nil

176


Courses /Training/ Meetings attended by Environmental Health Officers Stepping up to Management Course attended by two EHOs. Attended Sport and recreation seminar to discus environmental health issues. Meetings with food industry management re pending prosecution under the Food

Act 1981. Workplace Health & Safety Toolbox Meeting. Environmental Health presentation to Childcare Directors. Riskwatch meeting Authority training. Other Activities carried out by Environmental Health Officers Thorough inspection Far North Queensland Regiment Army Base to assess level

of mosquito breeding at the request of the Dept Defence. Continuing work on food shop prosecution briefs. Staff Meetings. Put together inspection kits for all EHOs. Workplace Health & Safety Toolbox Meetings. Attending to new premises applications and plan approvals. On-going involvement with food safety at outdoor events. Regular monitoring of markets. Developed document of standard conditions for food notices to be implemented in

Authority. Worked on updating Public Health emergency Sub-Plan. Public Health Unit was involved in responding to current Dengue Fever outbreak. General Comments One Environmental Health Officer has been away on sick leave for the whole

month. Prospective Actions Two food shop prosecutions. Corporate Plan Link: SGD3


YTD Actual ($)

YTD Budget Revised

($)



Revenue 330,362 329,494 868 0 FAVOURABLE Reasons: Renewals up-to-date Implications / Actions: N/A

Expenditure 347,387 378,079 30,692 8 FAVOURABLE Reasons: Vacant positions

throughout year which are now filled.

Implications / Actions: N/A

177


ACTIVITY: Vector Control [CGI]

Aim

To deliver a program of Vector Control that reduces the prevalence of the mosquito and midge in a cost effective manner.

Level of Service Provide service to delivery effective methods to reduce vector incidences. Provide Pest Control on Council properties and information to the public.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Enhance public information on vector control including utilising council’s website and other public places.

COR2 June 2004 8%

2. Investigate more cost effective means of program delivery.

COR5 June 2004 8%

3. Investigate alternate methods of control. COR5 June 2004 8% * Variance Report for Initiatives not on target: Nil * Prospective Actions for Initiatives not on target: Nil Performance Target Assessment (3 = Satisfactory, 2 = Marginal, 1 = Unsatisfactory)

Performance Rating:

3

Variance Report Climatic conditions – seasonal rainfall.

Fish Breeding (Eastern Rainbow) Fish Breeding is well on track. More than 8,000 fish have been released. Another

10,000 pending. Light Trapping No light trapping being carried out this month Dengue Dengue cases have been reported in February. Cairns Vector and Environmental

Health Officers have inspected 199 premises in the area.

Mosquito/Midge Complaints

0

50

100

150


Mosquito Midge

Corporate Plan Link: COR5


178



YTD Actual ($)

YTD Budget Revised

($)



Revenue 67 67 0 0 N/A

Expenditure 303,564 323,415 19,850 6 FAVOURABLE Reasons: Chemical usage down

due to climatic conditions. Implications / Actions: N/A

179


ACTIVITY: Animal Control [CGK]

Aim

To ensure that animals are controlled so as not to create a public nuisance while at the same time promoting responsible pet ownership.

Level of Service Dog registration. Response to dog and cat complaints. Dog Impoundments. Provide an education program to schools and community groups.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Provide educational programme to schools.

COR2 June 2004 30%

2. Public awareness programme promoting responsible pet ownership.

COR2 June 2004 20%

3. Promotion of positive results – media release.

COR2 June 2004 30%


Performance Rating:

3

Variance Report Outstanding renewals.

Number of Dogs Registered

0

2000

4000

6000

8000

10000

12000

14000

16000

18000


Reg

istr

atio

ns

02/03 Cumulative Total 03/04 Cumulative Total


Prospective Actions Follow-up on return-to-sender correspondence.

180


Performance Rating:

3

Variance Report Pro-active approach through random patrols.

Number of Dog and Cat Complaints per Month

0100200300400500600


Nu

mb

er o

f C

om

pla

ints

2003/04 2002/03


Prospective Actions Continued patrols.

Performance Rating:

3

Variance Report N/A

Impounded Dogs Registered/Unregistered

020406080

100120140

Jul 0

2/03

Jul 0

3/04

Aug 0

2/03

Aug 0

3/04

Sep 0

2/03

Sep 0

3/04

Oct 02

/03

Oct 03

/04

Nov 0

2/03

Nov 0

3/04

Dec 0

2/03

Dec 0

3/04

Jan

02/0

3

Jan

03/0

4

Feb 0

2/03

Feb 0

3/04

Nu

mb

er

Registered Unregistered



Performance Rating:

3

Variance Report Improved education program.

Performance Indicator : Number of School Visits Target : 4 per year Source of Data : Council Records Performance to Date : 8


Prospective Actions Continued education program.

181


Registration and Release Details February YTD

Number of dogs registered 207 15284 Number of dogs impounded 93 750 Number of Animal Control related complaints received and actioned

278 2593

Number of dogs not wearing tags 19 146 Number of dogs wearing tags 74 604 Number of dogs returned to their owner 66 476 Number of dogs euthanaised 13 136 Number of dogs surrendered to a refuge 6 98 Number of dogs still in the pound 8 40 Number of dogs seized under destruction orders 0 0 Number of dangerous dog orders issued 0 0 Number of Infringements issued 0 0 Number of Restricted Dog Applications 0 2 Number of Restricted Dog Permits issued 0 2

182


Dogs Impounded by

Suburb No. YTD Dogs Impounded by

Suburb No. YTD

Aloomba 2 12 Manoora 2 28 Babinda 1 6 Manunda 1 32 Bayview Heights 5 23 Mooroobool 2 32 Bentley Park 1 25 Mount Sheridan 2 32 Bramston Beach 0 0 Palm Cove 0 2 Brinsmead 3 18 Parramatta Park 0 14 Bungalow 3 16 Portsmith 0 5 Cairns North 8 27 Redlynch 3 16 Clifton Beach 1 7 Smithfield 2 22 Earlville 6 66 Stratford 1 8 Edge Hill 4 17 Trinity Beach 5 29 Edmonton 12 57 Trinity Park 2 6 Freshwater 0 10 Westcourt 4 24 Goldsborough 0 9 White Rock 3 40 Gordonvale 2 26 Whitfield 2 17 Holloways Beach 2 13 Woree 6 38 Kamerunga 2 15 Yorkeys Knob 1 10 Kanimbla 1 7 Kewarra Beach 2 16 Machans Beach 2 4 Operating Budget Assessment:

YTD Actual ($)

YTD Budget Revised

($)



Revenue 328,155 345,650 -17,495 -5 UNFAVOURABLE Reasons: Revenue down due to a

reduction in impoundments, which are due to staff vacancies.

Implications / Actions: N/A

Expenditure 432,541 438,028 5,487 1 FAVOURABLE Reasons: Staff vacancies. Implications / Actions: N/A

183


ACTIVITY: Local Laws Enforcement [CGM]

Aim

To ensure regulation of Council’s Local Laws and relevant legislation and further maintain compliance relating to developments with Council’s Planning Approval.

Level of Service Ensure all sectors of the Community comply with Council’s Local Laws, Planning Scheme and relevant legislation.

Process and regulate applications submitted in relation to Council’s Local Laws and inspect for compliance regarding permit conditions.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Convert the administrative support of the activity to the Authority system.

COR2 Mar 2004 75%

2. Increase surveillance and assessment of Local Laws requirements by June 04.

COR2 June 2004 60%

3. Develop scheduled Flammable & Combustible inspection & electronic licensing system.

SGD1 June 2004 8%


Performance Rating:

3

Variance Report Overall total increased over previous year.

Local Laws Permits Issued

0

100

200

300


Nu

mb

er

2002/03 2003/04



184


Performance Rating:

3

Variance Report Overall total increased over previous year.

Outdoor Dining Permits Issued

05

1015202530354045


Nu

mb

er

2002/03 2003/04



Performance Rating:

3

Variance Report Fewer overgrown complains and less camping occurring due to non-tourist season.

New Complaints / Requests

0

50

100

150

200

250

Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

Month

Nu

mb

er

Planning Local Laws



185


Performance Rating:

3

Variance Report More pro-active approach to breaches of non-compliance.

Local Laws Inspections

131 162 118 88 52 113

335190

76

259205

14683

66

68

39

472

355

282

80

9992

64

98

0

200

400

600

800

1000


Nu

mb

er

Other Local Law 22 Illegal Camping



Performance Rating:

3

Variance Report Renewal period past, all up-to-date.

Local Laws Applications

284 5 5 3

186

255

280

25

50

75

100

125

150

175

200

225

250

275


Nu

mb

er

Portable Advertisements Outdoor Dining New

Outdoor Dining Renewals Advertising Signs



186


Performance Rating:

3

Variance Report Increase due to Roadside Vending applications.

Local Laws Reports to Council

0

2

4

6

8


Month

Nu

mb

er

Advertising Outdoor Dining Roadside Vending




YTD Actual ($)

YTD Budget Revised

($)



Revenue 249,692 239,894 9,799 4 FAVOURABLE Reasons: Renewals up-to-date. Implications / Actions: N/A

Expenditure 282,993 301,072 18,079 6 FAVOURABLE Reasons: Reduction in staffing

levels over several months. Implications / Actions: N/A

187


SUB PROGRAM Community Development [CI]

ACTIVITY: Community & Cultural Development [CIA]

Aim

To assist in building a positive, cohesive community by successfully supporting, facilitating and implementing initiatives across a wide range of Council services that : Develop resources and capacities, and Promote a safe, productive and inclusive community.

Level of Service Respond to customer and community enquiries, through various mediums, which include referral, advice, consultation, advocacy and community events.

Develop information and educational resources, which include forums, workshops, newsletters, service directories and pamphlets, exhibitions and displays per year.

Assist the community to implement projects that engage local communities including activities that promote individual, family and community well being.

Respond to all customer enquiries within 48hours.

Officer Responsible

Manager Community Development



(enter %) Yes

(enter √) No *

(enter X)

1. Develop and implement a Well-being and Safety plan which focuses on a range of initiatives that promote belonging, action orientated productivity and a sense of community safety and well being by June 04.

SGD3 June 04 70% √

2. Form partnerships with government and non-government agencies to address community and cultural development issues facing Northern and Southern suburbs by June 04.

SER5 June 04 70% √

3. Facilitate components of wider community events as a means of providing celebrative opportunities and forming a working relationship with the community of Cairns by June 04.

SGD3 June 04 70% √

4. Assume funding of the existing Indigenous Liaison and Policy position, previously ATSIC funded.

SGD3 July 03 100% √

* Variance Report for Initiatives not on target: Nil. * Prospective Actions for Initiatives not on target: Nil.

188



Performance Rating:

3 Variance Report On target.

Community Contact

0

500

1000

1500

2000

2500

3000

3500

4000

4500


No.

of C

onta

ct

Phone Emails Meetings

Letters Community Events Target

Corporate Plan Link: [community and customer]


Performance Rating:

3 Variance Report Nil.

Initiatives that were significant throughout the January reporting period were: The Safe City Project Dance and Music Program Community Education Workshops for Young People Multi Cultural Profile of Cairns Assisting community to write grant proposals Facilitation of a community capacity building project to be proposed to the

Babinda community. Gathering of information regarding access for people with disabilities in the

CBD Street Work Program ( identification of young people at risk in the West Cairns

area) Management of aged housing facilities Facilitation of the process of the handover of Council owned aged housing

stock to community housing Qld. Preparation of the launch for the Arts and Cultural Policy Co-ordination of the International Womens Day event Commencement of RADF bid and report Participation in the working group established to formalise all leases and

agreements of Council owned facilities. In addition to the above initiatives Officers are continuing to take part in strategic working partnerships with Government and non-Government agencies as well as community members to address a wide range of issues in the Cairns region. Some of these include Indigenous homelessness, safety issues, tension between cultural groups in West Cairns, disability access, transport etc.

Corporate Plan Link: Customer and community


189



YTD Actual ($)

YTD Budget Revised

($)



Revenue 383,046 354,319 28,726 8 FAVOURABLE Reasons: Pensioner cottages have

yet to be handed over and income is increased.

Implications / Actions: Nil. Expenditure 855,530 1,180,193 324,665 28 FAVOURABLE

Reasons: Some savings will be made and will be adjusted at the review.

Implications / Actions: Nil.

190


ACTIVITY: Graft’n’Arts [CIC]

Aim

To successfully develop and implement a wide range of arts and cultural activities and programs that cater to the current and future diverse needs of the Cairns and Far North communities.

Level of Service Provide arts and cultural services that cater to the diverse socio-economic needs of the Cairns Community.

Provide services that target both young people and adults with funding sourced from non-Council entities where possible.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. To provide and further develop a range of diverse arts and cultural programs for young people in the Cairns region.

SGD3 Ongoing 66% √

2. To provide Arts & Cultural services that cater for the diverse socio economic needs of the Cairns community.

CUS7 Ongoing 66% √

3. To sustain and further develop Government and industry partnerships that increase service capacity (Local, State and Federal), which increases service capacity.

SER5 Ongoing 66% √

4. To enhance and further develop industry partnerships which increase service capacity.

SER5 Ongoing 66% √

* Variance Report for Initiatives not on target: NIL * Prospective Actions for Initiatives not on target: NIL

191



Performance Rating:

3 Variance Report Nil.

Arts & Cultural Programme - Workshop / activities

0

200

400

600

800

1000

1200

1400

1600

1800

July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June

Att

end

ance

Attendance Target

Corporate Plan Link: Customer and Community


Performance Rating:

1 Variance Report Only one event for Feb 04 due to quiet time of year

Arts & Cultural Events

0

5000

10000

15000

20000

25000

30000

July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June

Att

end

ance

Events Targets


Prospective Actions NIL

192


Performance Rating:

3 Variance Report FAVOURABLE Reasons: On

target. Implications /

Actions : NIL

Development of new initiatives within the Graft’n’Arts programme to increase Gov/nonGov partnerships :- AQ grants (3 ) are being further developed & implemented throughout Feb

Circus Alliance and Q Music towards TUTE. “A” Venue Festivals Australia grant submitted.

Business Partnerships :- Event Cairns/Festival Cairns overall partnership for Festival Cairns finialised

and further development of the festival will continue through Feb, 2004 MusiCairnS partnership with promoters for Jazz Up continues and planning is

under way for Festival MusiCairns 2004. Planning underway for the Hilton Cairns/Graft’n’Arts Youth Week Exhibition

“Vivid” . Graft’n’Arts has liased with various local community committees for future

community events Various Cairns and regional schools for the implementation of programs

through the Education dept.

Corporate Plan Link: Customer and community

Prospective Actions FAVOURABLE Reasons: On

target. Implications /

Actions : Nil.


YTD Actual ($)

YTD Budget Revised

($)

Var ($) 13661

Var (%)

Variance Report & Prospective Actions


Revenue 321,799 295,780 26,019 9 UNFAVOURABLE Reasons:Some grant monies not

yet received. Implications / Actions: Nil.

Expenditure 579,370 614,596 35,226 6 FAVOURABLE Reasons: Materials need to be re-

stocked in march & wages down as no major events in Feb.

Implications / Actions: re-stock materials & equipment.

193


ACTIVITY: Hambledon House [CIG]

Aim

To provide support services to families, individuals, groups, communities, other services and networks in Cairns southern Suburbs.

Level of Service Hambledon House Information Services are available 5 days per week over 27.5 hours.

Support and counselling is provided to families. Information and feedback is provided to community members. Facilities are available for hire by community groups.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Develop a plan to increase opportunities for participation in community life for people with disabilities residing in the Southern Suburbs by Aug 03.

CUS7 August 2003

100%

2. Increase accessibility of information regarding services provided by Hambledon House Community Centre to the multicultural communities of the Southern Suburbs by Dec 03.

CUS7 December 2003

100%

3. Facilitate a multicultural component for Community Centres Week in May 04.

SGD3 May 2004 70%

4. Develop strategies to address identified issues of isolated families in Southern Suburbs by March 04.

CUS7 March 2004

70%

5. Facilitate the development of a plan to assist the establishment of Adult Community Education opportunities with a focus on Information Technology for residents of the Southern Suburbs by June 04.

SCD3 June 2004 60%

* Variance Report for Initiatives not on target: N/A * Prospective Actions for Initiatives not on target: N/A

194



Performance Rating:

3

Variance Report Above Set Target

No. of hours of community access to meeting rooms

0

50

100

150

200

250

300

350

Month

Actual hours

Target



Performance Rating:

3

Variance Report Above Set Target

No. of different groups accessing meeting rooms

010

2030

40

Month

Groups

Target



195


Performance Rating:

3

Variance Report Above set target

No. of new groups accessing meeting rooms

0

2

4

6

8

Month

New groups

Target



Performance Rating:

3


No. of community members accessing reception

0102030405060

Month

Individuals

Target



196


Performance Rating:

3


Provision of information/assistance to individuals/groups by Community Support Coordinator

0

5

10

15

20

Month

Individuals/groups

Target

Corporate Plan Link: Sustainable Growth and Development


Performance Rating:

3


No. of counselling appointments provided to families by Family Support Worker

0

10

20

30

40

Month

Counsellingappointments

Target



197


Performance Rating:

3

Variance Report Family Support Worker commenced employment on 10 February 2004. Therefore, figures do not reflect a full month.

No. of hours of counselling support provided to families by Family Support Worker

0

20

40

60

80

Month

Hours

Target



Performance Rating:

3


No .of new referrals received by Family Support Worker

02468

1012

Month

New referrals

Target



198



YTD Actual ($)

YTD Budget Revised

($)



Revenue 113,272 79,420 33,852 43 FAVOURABLE Reasons: Quarterly funding

arrived in January, next instalment expected in March.

Implications/Actions: Realignment of budget projections should occur in March.

Expenditure 94,916 119,253 24,337 20 FAVOURABLE Reasons: Still awaiting finalisation

of a number of services, which have been budgeted but not yet invoiced.

Implications/Actions: It has been anticipated expenditure will occur in March and April.

199


ACTIVITY: Library Services [CII]

Aim

To enrich the community through the provision of access to information and resources, regardless of format, in a manner that promotes and supports lifestyle, leisure, cultural opportunities and lifelong learning.

Level of Service Provide services through 8 branch locations, open a total of 336 hours per week. Provide 50 hours per week of professional reference service for the Cairns Community. Dispatch inter-branch loans within 48 hours of receipt of request. Libraries currently provide 86.25hrs per week of Council Customer Service Centre functions

at three (3) branches.

Officer Responsible




(enter %) Yes

(enter √) No *

(enter X)

1. Effect the closure of the Woree library with minimal impact to the operation of the library network and the surrounding community.

SER4 Oct 03 100%

2. Establish the new Earlville library at shop MO7M Stockland Centre. Monitor and address operational and growth issues to effectively and efficiently meet community needs, particularly in the area of staffing new innovations; engage 3 additional library assistants to respond to growth in demand for service.

SGD3 Oct 03 100%

3. Implement the recommendations of the Strategic Library review as adopted by Council regarding branch and staffing requirements by June 04.

FIN1 Jun 04 60%

4. Review the structure of libraries and develop an effective structure based on the efficient and timely delivery of innovative services by Jan 04.

FIN1 Jan 04 90%

5. Implement a ‘Friends of the Library ‘program to support additional customer service projects by April 2004.

CUS7 April 04 95% Correct

ive action taken

Launch end of Feb 2004

6. Redefine and extend the existing homebound service to areas outside the existing boundaries by June 04

CUS7 Jun 04 90%

7. Develop and market innovative children’s services, events and facilities across libraries by Feb 04.

FIN1 Feb 04 80%

8. Actively seek ways to animate libraries by initiating and participating in Literary, Arts and cultural events throughout 2003/2004.

FIN1 Jun 04 80%

9. Actively seek funding and grants to increase library revenue throughout 2003/2004.

FIN2 Jun 04 60%

200


* Variance Report for Initiatives not on target: N/A * Prospective Actions for Initiatives not on target: N/A Performance Target Assessment (3 = Satisfactory, 2 = Marginal, 1 = Unsatisfactory)

Performance Rating:

2

Variance Report Although total visits are slightly down the Earlville branch continues to be popular with 16, 605 visitors.

Visitor numbers per branch

0

30000

Bab

inda

City

Ear

lvill

e

Edm

onto

n

Gor

donv

ale

Man

unda

Sm

ithfie

ld

Str

atfo

rdLibrary Branches

Vis

its

Jul-03 Jan-04


Prospective Actions Planned activities should see an increase in visitor numbers.

Performance Rating:

3 Variance Report Membership continues to increase. Earlville’s new membership for the month of January totalled 396.

Library membership per capita of population

020000400006000080000

100000120000140000

Jun-

03

Jul-0

3

Aug

-03

Sep

-03

Oct

-03

Nov

-03

Dec

-03

Jan-

04

Feb

-04

Mar

-04

Apr

-04

May

-04

Library membership

Cai

rns

Pop

ulat

ion

Population Cairns libraries

Corporate Plan Link: FIN1

Prospective Actions Libraries have exceeded the operational target of 5% increase.

201


Performance Rating:

3

Variance Report Libraries are on track to meet the increase revenue target of 7.5%.

Library Revenue

0

20000

40000

60000

80000

Jun-

03

Jul-0

3

Aug

-03

Sep

-03

Oct

-03

Nov

-03

Dec

-03

Jan-

04

Feb

-04

Mar

-04

Apr

-04

May

-04

Jun-

04

Month

To

tal R

even

ue

YT

D

0

20000

40000

60000

80000

Booksale FeesVenue hire MerchandiseExpected monthly target Yearly Revenue Target

Corporate Plan Link: FIN2


Performance Target Assessment (3 = Satisfactory, 2 = Marginal, 1 = Unsatisfactory) Operating Budget Assessment:

YTD Actual ($)

YTD Budget Revised

($)



Revenue 395,819 482,418 (86,599) (18) UNFAVOURABLE Reasons: The full amount of the

State Library grant for Earlville has not been received.

Implications/Actions: Expenditure 2,862,698 2,772,614 (90,086) (3) UNFAVOURABLE

Reasons: Book Grant – The service has taken advantage of the number of booksellers who have recently visited.

Implications/Actions: The spending of the grant will be re-adjusted for the following months.

202


ACTIVITY: Tanks Art Centre [CIJ]

Aim To provide a multi-functional venue for corporate and community use. Level of Service Venue available for hire for 7 days per week for 10 months per year.

Support and effect an affordable, safe environmental venue for the production of over 400 events per year.

Respond to customer service requests with 72 hours Produce and distribute 5 promotional newsletters per year.

Officer Responsible Manager Community Development

On Target

Operating Initiative Status Corporate Plan Link

Due Date Complete Yes No *

1. Produce 7 Arts and Craft Markets in partnership with government and non- government agencies by June 04.

SGD3 June 2004 86%

2. Consult in the planning and development of the Cultural and Botanic Precinct on Collins Avenue.

SGD3 Ongoing

3. Partnership with Botanic Gardens in the opening event of Festival Cairns featuring the botanic /cultural precinct. Carnival on Collins by Oct 03.

SGD3 October

2003 100%

4. Host 3 national touring exhibitions per year.

SGD3 June 2004 100%

5. Collaborate with the 3 tiers of Educational Institutions to produce 4 student Exhibitions per year.

SGD3 December

2003 70%

* Variance Report for Initiatives not on target: Nil. * Prospective Actions for Initiatives not on target: Nil.

203



Performance Rating:

3

Variance Report Seasonal response as predicted. Also the wet season has effected events.

Number of Activities and Events at Tanks

-150-100-50

050

100150200


2003-2004 2002-2003 2001-2002 Target Trend

Corporate Plan Link: Customer & Community

Prospective Actions Not applicable

Performance Rating:

3

Variance Report Seasonal response as predicted

Attendance at Tanks Activities and Events

-10000-8000-6000-4000-2000

02000400060008000

10000120001400016000180002000022000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May JunPro

gre

ssiv

e to

tal

2003-2004 2002-2003 2001-2002 Target Trend

Corporate Plan Link: Customer & Community

Prospective Actions Not Applicable


YTD

Actual ($)

YTD Budget Revised

($)

Var ($) Var (%) Variance Report & Prospective

Actions (where variance is +/- 2%)

Revenue 96,646 102,267 (5,621) (6) UNFAVOURABLE Reasons: The weather is such that

the Tanks can’t host events. Implications / Actions: Will be

adjusted at review.

Expenditure 194,885 210,477 15,592 7 FAVOURABLE Reasons: On target for this time of

year. Implications / Actions:

Expenditure is reflected in lack of events due to wet weather.

204



11 MARCH 2004

20

COMPENSATION CLAIMS & APPEALS – FEBRUARY 2004 Nikki Huddy: 1/59/2-01 : #536015 V18

RECOMMENDATION:

That the report be noted. Nikki Huddy Manager City Assessment

205


CAIRNS CITY COUNCIL

APPEALS / OTHER MATTERS MACDONNELLS LIST

AS AT 1/3/2004

Description Applicant Comment Solicitor Appeal No. 31 of 1997 Catalano Road, Goldsborough. Appeal against conditions imposed on Council’s approval of subdivision application.

WER Developments Pty. Ltd. Council engaged in discussions with C & B Consultants. Applicants are likely to make further progress towards settling the matter some time this year.

MacDonnells

Supreme Court No. 154 of 1998

Cairns Earthmoving Contractors Pty Ltd

Subject to Council's approval, insurer's solicitors have suggested we request disclosure by Plaintiffs. MacDonnells to hold off obtaining advice on prospects until after disclosure and exchange of expert reports. Once advice on prospects has been obtained, the matter can proceed to mediation.

MacDonnells

Supreme Court No. 77 of 1999

Vamgold Pty Ltd Subject to Council's approval, insurer's solicitors have suggested we request disclosure by Plaintiffs. MacDonnells to hold off obtaining advice on prospects until after disclosure and exchange of expert reports. Once advice on prospects has been obtained, the matter can proceed to mediation.

MacDonnells

Supreme Court Appeal No. 26 of 2000

Middin Pty Ltd Action by Council for specific performance of a contract and counterclaim against Council for declaration that the contract is void and/or damages for breach of contract. Council’s insurer has been updated as to these matters. Counsel has been briefed (at the insurer’s request) to advise on liability.

MacDonnells

206


Appeal No. 32 of 2001 Material Change of Use (Educational Facility) at Deppeler Road, Edmonton.

Peter Bosanquet The Appellant sought to have the appeal withdrawn with no costs. At the callover on 17/2/2004, the matter was adjourned to the next callover. Council has consented to the matter being withdrawn with no costs to be claimed. Awaiting receipt of notice of discontinuance.

MacDonnells

Application No. 582 of 2002 State 5 & 6 Rainforest Rise – failure to comply with development permit conditions and operational work permit conditions.

Richardson Plant Hire Pty Ltd & Sinclair Knight Merz

Originating application filed on 4/12/02. Mention held on 12/12/02 - agreed for matter to be adjourned to a date to be fixed. The site has been stabilised and the matter is the subject of ongoing negotiations with the developer. Application not to be withdrawn until Council is satisfied with the final form of the development. MacDonnells awaiting further instructions from Council.

MacDonnells

Appeal No. 194 of 2003

United Pacific Properties Pty Ltd Land situated at Moore Road, Kewarra Beach. Appeal against negotiated decision of CCC to approve an application for MCU and reconfiguration of a lot subject to conditions. Final submissions heard 28 November 2003. Awaiting Judgement.

MacDonnells

Appeal No. 209 of 2003 Bernhard Graf Captain Cook Highway, Palm Cove Appeal against Concurrence Agency conditions 2, 3 & 5 imposed in the Preliminary Approval. Applicant filed withdrawal 19/11/2003. Hearing of application for costs on 28/11/2003 – awaiting judgment.

MacDonnells

Appeal No. 210 of 2003 Bernhard Graf Captain Cook Highway, Palm Cove Appeal against Assessment Manager Condition. Applicant filed withdrawal 19/11/2003. Hearing of application for Costs to be heard 28/11/2003.

MacDonnells

207


Appeal No. 306 of 2003 Redlynch Valley Property Pty Ltd Land situated at Gamburra Drive, Redlynch Valley

Estate. Appeal against CCC’s refusal of an application for a development permit for a MCU (residential development). MacDonnells instructed to attempt to settle the appeal. Proposed conditions on which Council will settle provided to other parties on a "without prejudice" basis. Awaiting confirmation of acceptance of conditions from CAFNEC and resident objectors. Appellant's solicitors to provide written response to the without prejudice offer. Received confirmation from CAFNEC's solicitors that CAFNEC is willing to settle on the basis that Council approve the development subject to the conditions proposed. DMR supports approval of development subject to proposed conditions, but understood the conditions had been revised to require a traffic management plan. MacDonnells clarified that the conditions had not been changed. Awaiting the applicant's representations on conditions.

MacDonnells

Appeal No. 310 of 2003 Graf Land situated on Captain Cook Highway, Palm Cove. Appln for Declarations that CCC & Stockland Development P/L have breached conditions of approval relating to pre-existing gullies & watercourses. Correspondence sent to the Respondent's Sol. regarding allegations raised in Court in respect to the Neg. Dec. Notice. Counsel for the Respondent invited to withdraw the submission that the Neg. Dec. Notice sanctions the alleged diversion works. Respondent refused to withdraw submissions made. MacDonnells instructed to re-open applic. for costs on Council's behalf. Adjourned to 6/2/04. MacDonnells sought to have matter heard after the conclusion of P&E Originating Appln No. 422 of 2003. The Respondent agreed to the adjournment of the hearing of the application for costs.

MacDonnells

208


Appeal No. 381 of 2003 K & V Enterprises Pty Ltd Land situated on Kamerunga Road and

Captain Cook Highway, Smithfield. Appeal against Assessment Manager conditions relating to drainage contributions and landscaping and DMR condition regarding road access requirements. Council Officers advised this matter is likely to settle via negotiations directly between the applicant & Council. DMR sent letters to Council directly on a 'without prejudice' basis. Council has agreed upon satisfactory conditions. The matter is to be put to Council for resolution on 27/2/2004. Further "without prejudice" negotiations have been conducted between the parties. The matter is proposed to be settled by way of a consent order on 15/03/2004, subject to receipt of satisfactory court documentation before that time.

MacDonnells

Appeal No. 2222 of 2003 Peter Thomas Burke Land situated on the Captain Cook Highway, Smithfield. Appeal against refusal of CCC, under direction of DMR to grant a preliminary approval for a reconfiguration & MCU for commercial purposes. Notice of Appeal filed 3/6/03. Entry of Appearance filed 29/9/03.

MacDonnells

Appeal No. 2956 of 2003 McPherson Maclean Wargon Chapman Pty Ltd

Land situated on corner Foley Road & Captain Cook Highway, Palm Cove. Appeal against failure of CCC to decide an application for a development permit for operations works. Notice of Appeal filed 9/9/03. Entry of Appearance filed 26/9/03.

209


Appeal No. 406 of 2003 Deutsche Asset Management

(Aus) Ltd Land situated at Mt. Milman Drive, Smithfield. Submitter appeal against Co-respondent’s application for preliminary approval for a material change of use of land. Argued that the application was invalid, or in the alternative, that the application was invalid, or in the alternative, that the application should have been refused. Entry of Appearance filed on behalf of Council on 8/12/2003, and on behalf of the Co-respondent on 11/12/2003. Notice of Election to Co-respond filed on behalf of the Crown (DMR) on 17/12/2003. Williams Graham and Carman withdrew and Farrelly's lawyers now act as town agents for the Appellant.

Appeal No. 422 of 2003 Bernhard Graf Application by CCC for declarations and/or orders. Unlawful use of land situated at Bokissa Access, Palm Cove. Construction of earth and rock bund wall without development approval, in contravention of Local Law 11. "Without prejudice" negotiations have been conducted, it appears likely that the matter will be resolved. The matter may proceed to trial on 8/3/2004.

Appeal No. 419 of 2003 Ursula Boston Land situated at 70 Falcon St, Bayview Heights. Appeal against refusal of application for MCU (bed and breakfast). Entry of Appearance filed 11/12/2003.

210



Daikyo (North Queensland) Pty Ltd Land situated at 86-98 Sheridan St, Cairns. Appeal against approval of application for MCU (temp. passenger terminal). Appellant seeking orders that additional conditions be imposed on the approval. Entry of Appearance filed on behalf of the Co-Respondent & Respondent. CCC requested to provide names & addresses of principal submitters. Without prejudice meeting to be attended by a representative of the Appellant & the Co-Respondent. CCC reps not to attend without prejudice at this stage. The parties are currently engaged in negotiations and the appeal was adjourned to the next callover.


Francesco Marino, John Marino and Carmelo Roberto Marino

Land described as Lot 30 on SP 161405, situated along Redlynch Connection Road and the proposed Larsen Road, Redlynch. Appeal against conditions imposed on a preliminary approval for reconfiguring one lot into 317 lots plus park.


Francesco Marino, John Marino and Carmelo Roberto Marino

Land described as Lot 30 on SP 161405, situated along Redlynch Connection Road and the proposed Larsen Road, Redlynch. Appeal against conditions imposed on a development permit for reconfiguring one lot into 40 lots. Notice of Appeal filed 23/1/2004. Entry of Appearance filed 9/2/2004. DMR has filed a Notice of Election to co-respond.

211



Marlin Coast Development Pty Ltd

Land situated at corner of Redlynch Intake Road and Mary Parker Drive, Redlynch. Appeal against deemed refusal by Council to approve an application to change a condition of an operational works permit relating to an application for reconfiguration of land. The condition, relating to engineering works, was alleged to be not relevant or reasonable. Entry of Appearance filed 18/2/2004.

212


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