CAIRNS REGIONAL COUNCIL · Minutes - Planning and Economic Committee 10 February 2016 #5008855...

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Minutes - Planning and Economic Committee 10 February 2016 #5008855

CAIRNS REGIONAL COUNCIL

MINUTES

PLANNING & ECONOMIC COMMITTEE

10 FEBRUARY 2016

COMMENCING AT 9 AM PRESENT : Cr T James (Chairperson) Cr S Brain Cr J Schilling Cr C Zeiger Cr B Manning Cr R Bates Cr L Cooper Cr M O’Halloran Cr J Richardson Cr G Fennell OFFICERS:

P Tabulo Chief Executive Officer K Reaston General Manager Planning & Environment B Gardiner General Manager Infrastructure Services L Kirchner General Manager Com, Sport & Cultural Services P Boyd Manager Strategic Planning & Approvals G Boyd Manager Regulatory Services F Dix A/Manager Marketing & Communications Mark Wuth Manager Business Dev & Compliance M Walkden Account Manager L Guy Media Coordinator N Quinn Executive Manager Mayors Office P Cohen Coordinator Licensing & Approvals A Finocchiaro Program Leader Econ Dev & Sustainability S Palmer Economic Development Officer S Shearer Minute Secretary

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TABLE OF CONTENTS APOLOGY ....................................................................................................................... 4 CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST ................................. 4 PURPOSE OF MEETING ................................................................................................ 4 1. STATE OF ENVIRONMENT REPORT 2014/15 ................................. 4 Michelle O’Loughlin | 8/24/18-01 | #4956913 2. MATERIAL CHANGE OF USE (IMPACT) INDOOR SPORT &

ENTERTAINMENT (THEATRE) – 9-11 FLORENCE STREET, 120-122 SHERIDAN STREET, 145-147 & 147A GRAFTON STREET, CAIRNS CITY – DIVISION 5 .............................................................. 4

K Reaston | 8/8/1436 | #5001366 3. COMBINED APPLICATION HOUSE REMOVAL (CHARACTER

PRECINCT) & NEW HOUSE (CHARACTER PRECINCT) – 21 HALL STREET, EDGE HILL – DIVISION 7 .................................................. 8

N Tsakissiris | 8/30/216 SEDA | #5001908 4. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 30-34 HERITAGE

CENTRAL STREET REDLYNCH – DIVISION 6 ................................. 8 M R Henderson | 8/13/1941 | #4998453 5. FIXED OUTDOOR DINING STRUCTURES –PJ O’BRIEN’S 87-91

LAKE STREET, CAIRNS – DIVISION 5 ........................................... 11 Carol Smith | 18/46/3 | #5001050v3 6. APPLICATION TO OPERATE TEMPORARY ENTERTAINMENT

EVENT BY SILVER GEM ENTERPRISES PTY LTD, 1-61 MCGREGOR ROAD SMITHFIELD, 22 TO 23 OCTOBER 2016 – DIVISION 9 ....................................................................................... 16

Alex Skubij | 8/8/1207| #4999873v2 7. INFRASTRUCTURE CHARGES INCENTIVE PROGRAM UPDATE 19 Debbie Wellington | 8/20/16 | #5001043 8. PROPOSED MINISTERIAL DESIGNATION OF LAND FOR

COMMUNITY INFRASTRUCTURE FOR TRINITY BEACH STATE SCHOOL .......................................................................................... 19

Debbie Wellington | 8/26/28 | #5001157v2 9. PROPOSED AMENDMENTS TO THE ECONOMIC DEVELOPMENT

ACT 2012 ......................................................................................... 20 Debbie Wellington | 8/26/28 | #5001174

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10. PROPERTY MATTERS RESOLVED UNDER DELEGATIONS –

JULY 2015 TO DECEMBER 2015 .................................................... 20 SM | 19/3/3-133 | #4985581 11. COMPENSATION CLAIMS AND APPEALS – QUARTERLY

UPDATE REPORT ENDING DECEMBER 2015 .............................. 20 P Cohen |1/59/2 | #4438802v6 12. OUTSTANDING ISSUES – PLANNING AND ECONOMIC

COMMITTEE – QUARTERLY REPORT ENDING DECEMBER 2015 ......................................................................................................... 20

K Reaston | 1/59/2 | #4438793v6 GENERAL BUSINESS ............................................................................ 21 CLOSED SESSION ................................................................................. 21 1. PREJUDICIAL MATTER – INVESTMENT INCENTIVE PACKAGE . 22 A.Finocchiaro | 1/8/3 | #5003354 2. PREJUDICIAL MATTER – TOURISM TROPICAL NORTH

QUEENSLAND’S 2014-2017 RESOURCE AND PERFORMANCE AGREEMENT REPORTING - JULY TO SEPTEMBER 2015 ........... 22

A Finocchiaro | 1/8/8 | #4973625 3. PREJUDICIAL MATTER – INDUSTRY DEVELOPMENT FUND

ACQUITTAL – TASTE PARADISE .................................................. 23 Sarah Palmer | 1/8/4 | #4988783 4. PREJUDICIAL MATTER – ECONOMIC DIVERSIFICATION FUND

APPLICATION ................................................................................. 23 Sarah Palmer | 1/8/4 | #4998270 5. PREJUDICIAL MATTER - CAIRNS REGION PLANNING SCHEME

(CAIRNSPLAN 2016) AND ASSOCIATED PLANNING SCHEME POLICIES - ADOPTION AND COMMENCEMENT .......................... 23

Debbie Wellington | 8/26/28 | #4959340

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APOLOGY No apologies were noted. MATERIAL PERSONAL INTEREST / CONFLICT OF INTEREST There were no conflict of interest or material personal interest declared. PURPOSE OF MEETING To consider the matters listed on the agenda. 1. STATE OF ENVIRONMENT REPORT 2014/15 ................................. 4 Michelle O’Loughlin | 8/24/18-01 | #4956913 SCHILLING / O’HALLORAN That Council endorses the State of the Environment Report for 2014/15. carried 2. MATERIAL CHANGE OF USE (IMPACT) INDOOR SPORT &

ENTERTAINMENT (THEATRE) – 9-11 FLORENCE STREET, 120-122 SHERIDAN STREET, 145-147 & 147A GRAFTON STREET, CAIRNS CITY – DIVISION 5 ............................................................ 33

K Reaston | 8/8/1436 | #5001366 MANNING / SCHILLING That Council approves the development application for Indoor Sport & Entertainment (Theatre) over land described as Lot 4 on C198264, Lot 7 on C198318, Lot 94 on C1983, and Lot 3 on C198264, located at 9-11 Florence Street, 120-122 Sheridan Street, 145-147 & 147A Grafton Street Cairns City, subject to the following: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Site Plan & Munro Martin Park DA-2 Rev 1 CA Cox Rayner 3/11/15 Demolition Plan DA-3 Rev 1 CA Cox Rayner 3/11/15 Ground DA-4 Rev 1 CA Cox Rayner 3/11/15 Level 1 DA-5 Rev 1 CA Cox Rayner 3/11/15 Level 1 with possible awning DA 5 Rev 1 CA Cox Rayner 3/11/15 Level 2 DA-6 Rev 1 CA Cox Rayner 3/11/15

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Level 3 DA-7 Rev 1 CA Cox Rayner 3/11/15 Level 4 DA-8 Rev 1 CA Cox Rayner 3/11/15 Roof DA-9 Rev 1 CA Cox Rayner 3/11/15 Sub Stage DA-10 Rev 1 CA Cox Rayner 3/11/15 Sections DA-11 Rev 1 CA Cox Rayner 3/11/15 Elevations – Florence Street and Parking

DA-12 Rev 1 CA Cox Rayner 3/11/15

Elevations – Sheridan and Grafton Streets

DA-13 Rev 1 CA Cox Rayner 3/11/15

Perspectives DA-14 Rev 1 CA Cox Rayner 3/11/15 Perspectives DA-15 Rev 1 CA Cox Rayner 3/11/15 Aerial Perspectives DA-16 Rev 1 CA Cox Rayner 3/11/15 NLA Areas DA-17 Rev 1 CA Cox Rayner 3/11/15 Cut and Fill Plan Q154023-005-C05-03 Cardno 23/09/15 Landscape Master Plan colour

DA- LA-01 2/11/15

Landscape Master Plan b & w DA- LA-02 2/11/15 Tree and Palm Identification DA- LA-03 2/11/15 Demolition Plan Tree and Palm Identification

DA- LA-04 2/11/15

Planting Scheme DA- LA-06 2/11/15 Mood Images – Outdoor Seating

DA- LA-08 2/11/15

Mood Images – Water Features

DA- LA-10 2/11/15

ASSESSMENT MANAGER CONDITIONS 1. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:- a. The specifications, facts and circumstances as set out in the

application submitted to Council; b. The following conditions of approval and the requirements of Council’s

Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval Timing of Effect 2. The conditions of the Development Permit must be effected prior to

Commencement of Use, except where specified otherwise in these conditions of approval.

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Vehicle Parking 3. The amount of vehicle parking must be as specified in the approved plans.

The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

On-Street Vehicle Parking Strategy 4. Prepare and endorse a car parking strategy to manage on-street parking in

the northern periphery of the Cairns CBD (to include areas around the Cairns Hospital) in the short and medium term. The strategy should recommend thresholds at which regulation, physical changes to the on-street parking arrangements, and off-street car parking facilities should be implemented.

Landscaping 5. The site must be landscaped in generally accordance with details included

on the submitted Landscaping Plan unless otherwise approved by the Chief Executive Officer. The completion of all landscaping works must be undertaken prior to the Commencement of Use. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Lighting 6. All lighting installed upon the premises including car parking areas must be

certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land (where adjacent or opposite a residential use) must not exceed eight (8) lux measured at any level upwards from ground level.

7. Certification must be provided from the Cairns Airport Pty Ltd, Air Services

Australia and the Civil Aviation Safety Authority (CASA) where vertical projected lighting is proposed, to demonstrate that all lighting is of an acceptable standard so as not to impact on the operational aspects of the Airport with regard to light emissions, reflectivity or other emissions.

Illuminated Advertising Signage 8. Illuminated advertising signage must not adversely impact on the safety of

traffic on adjacent roads. Details of illuminated advertising signage must be submitted and endorsed by the Chief Executive prior to its installation and operation.

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Acid Sulfate Soil Investigation 9. Undertake an Acid Sulfate Soil investigation in the area to be affected by this

excavation for the development. Soil sampling and analysis must be undertaken in accordance with procedures specified in, ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) or updated version of document produced by Department of Environment and Resource Management (Previously DNRW – QASSIT), and State Planning Policy 2/02 – ‘Planning and Managing Development involving Acid Sulfate Soils’. The results of this investigation must be submitted to Council for approval prior to any earthworks or clearing being commenced on the site. Identification of soils with a pyrite content in excess of the action levels nominated in the latest version of DNRW – QASSIT: ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) will trigger the requirement for preparation of an Acid Sulfate Soil Environmental Management Plan in accordance with the most recent requirements of the DNRW: ‘Queensland Acid Sulfate Soil Technical Manual’ (2002) including Soil Management Guidelines (updated Feb. 2003) which must be prepared to the satisfaction of the Chief Executive Officer.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

Department of Local Government Infrastructure & Planning

SPL-1115-026227 12/12/2015 #4972830

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act

2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 339 and 341 of the Sustainable Planning Act 2009.

2. Council is recommended to undertake a review of the Cairns City Centre

Master Plan to support the establishment of the Cairns Performing Arts Centre in this location. A review should consider options for obtaining improved pedestrian connectivity between the site and the Cairns City Centre and Esplanade precincts and encourage increased density and development opportunities in the Cairns City Centre and achievement of tropical urbanism.

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3. Council is recommended to undertake all necessary external works to support changes to the on-street infrastructure networks, including car parking spaces and lighting, to facilitate the safe movement of pedestrians and vehicles to and from the development.

LAND USE DEFINITIONS* In accordance with (CairnsPlan 2009, as at 10 February 2015) the approved land use of Indoor Sport & Entertainment is defined as: Indoor Sport and Entertainment: (CairnsPlan) means the use of premises for sport, physical exercise, recreation or public entertainment predominantly within a building. The use includes facilities commonly described as sports centre, gymnasium, amusement and leisure centre, cinema, dance club, music club, nightclub, reception room, theatre, convention centre or function centre. *This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual. carried 3. COMBINED APPLICATION HOUSE REMOVAL (CHARACTER

PRECINCT) & NEW HOUSE (CHARACTER PRECINCT) – 21 HALL STREET, EDGE HILL – DIVISION 7 ................................................ 92

N Tsakissiris | 8/30/216 SEDA | #5001908 WITHDRAWN AT THE APPLICANT’S REQUEST. 4. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 30-34 HERITAGE

CENTRAL STREET REDLYNCH – DIVISION 6 ..............................113 M R Henderson | 8/13/1941 | #4998453 SCHILLING / RICHARDSON That Council approves the development application for Reconfiguring a Lot (1 Lot into 2 Lots) over land described as Lot 705 on SP201256, located at 30-34 Heritage Central Street, Redlynch, subject to the following: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Plan of proposed Lots 1 & 2 Cancelling Lot 705 on SP201256

Plan prepared by Davies Design and Drafting Service (Council ref no 4946423)

Nov 2015

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ASSESSMENT MANAGER CONDITIONS 1. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:- a. The specifications, facts and circumstances as set out in the

application submitted to Council; b. The following conditions of approval and the requirements of Council’s

Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval Timing of Effect 2. The conditions of the Development Permit must be effected prior to

Commencement of Use, except where specified otherwise in these conditions of approval.

Water Supply and Sewerage Works Internal 3. Undertake the following water supply and sewerage works internal to the

subject land:

a. Provide a single internal sewer connection to each lot in accordance with the FNQROC Development Manual;

b. Existing water connections and internal plumbing must be contained

within the lot it serves. If not then the connection and internal plumbing must be relocated to within the lot serviced;

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

the FNQROC Development Manual and the Development Application for Plumbing Works.

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

requirements and satisfaction of the Chief Executive Officer prior to issue of a Compliance Certificate for the Plan of Survey.

Sewer Easement 4. Create an easement in favour of Council over the existing sewer within the

site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement document must be submitted to Council for the approval by Council's solicitors at no cost to Council. The approved easement document must be submitted at the same time as seeking compliance assessment of the Plan of Survey and must be lodged and registered with the Department of Natural Resources and Mines in conjunction with the Plan of Survey.

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Damage to Council Infrastructure 5. In the event that any part of Council’s existing sewer / water or road

infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to; mobilisation of heavy construction equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s/owners/builders cost, prior to to issue of a Compliance Certificate for the Plan of Survey.

Lawful Point of Discharge 6. All stormwater from each lot must be directed to a lawful point of discharge

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

Existing Services 7. The applicant is to provide written confirmation of the location of existing

services for the land. In any instance where existing services are contained within another lot, the applicant shall either: a. Relocate the services to comply with this requirement; or b. Arrange registration of necessary easements over services located

within another lot prior to or in conjunction with submission of the Plan of Survey creating the lot.

Electricity and Telecommunications 8. The applicant/owner must provide written evidence of negotiations with

electricity and telecommunications authorities stating that underground services will be provided to Lot 1. Such evidence must be provided prior to issue of a Compliance Certificate for the Plan of Survey.

FURTHER ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act

2009, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of section 339 and section 341 of the Sustainable Planning Act 2009.

2. All building site managers must take all action necessary to ensure building

materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

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

Infrastructure Charges Notice 4. A charge levied for the supply of trunk infrastructure is payable to Council

towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Adopted Infrastructure Charges Notice has been

calculated according to Council’s Adopted Infrastructure Charges Resolution.

Please note that this Decision Notice and the Adopted Infrastructure

Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.

The amount in the Adopted Infrastructure Charges Notice is subject to index

adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amount prior to payment.

The time when payment is due is contained in the Adopted Infrastructure

Charges Notice. 5. For information relating to the Sustainable Planning Act 2009 log on to

www.dilgp.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

carried with Councillor Cooper voting against the motion 5. FIXED OUTDOOR DINING STRUCTURES –PJ O’BRIEN’S 87-91

LAKE STREET, CAIRNS – DIVISION 5 ..........................................126 Carol Smith | 18/46/3 | #5001050v3 BATES / O’HALLORAN That Council: A. Approves the outdoor dining local law application for P J O’Brien’s at 87-91

Lake Street, Cairns subject to the following conditions:-

PERMIT CONDITIONS The permit holder, its contractors or agents must:

http://www.dilgp.qld.gov.au/

http://www.cairns.qld.gov.au/

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a. ensure all tables and associated furniture used for the purpose of outdoor dining are placed and shall remain at all times in the position as indicated on the approved plan;

b. ensure that only the approved outdoor dining area shall be utilised at

any one time, an unobstructed clear width of at least 3 metres is maintained for pedestrian access at all times including any signage and ancillary items;

c. ensure all approved outdoor dining furniture and their environs are to

be kept clean, tidy, suitable refuse containers provided and to clean the area thoroughly at the end of each business day;

d. ensure the approved outdoor dining area is pressure cleaned monthly; e. ensure all tables and associated furniture remain within the permitted

area during the hours of operation; f. ensure all tables and associated furniture are secured by removal and

storage inside the premises or as proposed, at all times outside the business hours of operation;

g. ensure any umbrellas are suitably weighted or fixed to ensure there is

neither uplift nor damage to property or person, to the satisfaction of an authorised person;

h. ensure any outdoor dining furniture not approved by an authorised

person is not placed on the footpath at any time; i. ensure any amendments to the approved plan, including any additional

furniture shall be submitted for the approval of an authorised person; j. be aware that 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;

k. be aware this permit is at Council’s discretion and may be revoked at

any time either partially or fully; l. ensure all permitted Outdoor Dining activities are consistent with the

Regulations and Standards of the Work, Health & Safety Act; m. ensure the footpath and road reserves used for Outdoor Dining

purposes remain public spaces, even after an Outdoor Dining Permit has been granted within the designated footpath space;

n. ensure the furniture provided within the Outdoor Dining establishments

cannot be retained for the exclusive use of the patrons of the premises;

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o. ensure the quarterly invoices issued in relation to the rental fees for the permitted area are paid by the due date;

p. where the consumption of alcohol occurs within the permitted Outdoor

Dining area an application must be made to the Office of Liquor and Gaming Regulation. A copy of the approval for the consumption of alcohol must be forwarded to Council prior to the commencement of service of alcohol within the outdoor dining area. While there is no objection to the premises to which this permit applies being licensed for the consumption of alcohol at this time, the right to reconsider this position and withdraw support is retained;

q. ensure the approved activities are only conducted on the days and

times specified on the permit; r. ensure the holder of the permit must display the permit in a clearly

visible position to the public and if requested by an authorised person produce the permit for inspection or if the permit relates to a State-controlled road, a person authorised by the chief executive;

s. ensure the holder of the permit must have a public liability insurance

policy to the value of TWENTY MILLION DOLLARS ($20,000,000.00) with the local government being endorsed as an interested party;

t. comply with the provisions of the Public Health Act 2005 and the Food

Act 2006; u. ensure the holder of the permit does not adversely obstruct the

movement of vehicles and pedestrians along the road; v. ensure the holder of the permit does not cause a danger or nuisance to

neighbouring residents or users of the road (including any disposal of waste water as part of that activity);

w. ensure the holder of the permit must not interfere with the existing

services located in, on or over a road; x. ensure the holder of the permit properly disposes of any waste

generated as a result of the activity and provide a rubbish receptacle for customers visiting their business;

y. ensure any advertising signs intended to be erected must be in

accordance with any local law or planning scheme requirements relating to the regulation of advertising and advertising devices or any development permit given under the Sustainable Planning Act 2009;

z. not permit smoking or the establishment of a Designated Outdoor

Smoking Area within approved outdoor dining area.

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B. Provides consent to the making of the building application in the road reserve subject to the following:

APPROVED DRAWING(S) AND / OR DOCUMENT(S)

The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Dining Area Plan MMP Architects project:

2065,drawing: A02, revision: P2

1 February 2016

Elevations MMP Architects project: 2065,drawing: A04, revision: P3

1 February 2016

Land Owner Conditions 1. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:-

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

b. The following conditions, the requirements of Council’s Planning

Scheme, Local Laws and the FNQROC Development Manual.

Timing of Effect 2. The conditions of consent must be effected prior to the issue of a

Development Permit for Building Works, except where specified otherwise in these conditions.

Amendments to Design

3. The proposed structures and outdoor dining area must be amended to

accommodate the following changes:

a. All planter boxes are designed to incorporate lightweight materials, preferably in a predominantly timber finish, so to be movable allowing for the maintenance of adjacent drainage grates;

b. All structures must be designed to be drained to the lawful point of

discharge without causing adverse conditions to pedestrians or patrons of the outdoor dining and City Centre;

c. A minimum 3 metre clearance between the property boundary and

the outdoor dining area.

Plans detailing the above requirement are to be endorsed by the Chief Executive Officer prior to the commencement of the outdoor dining.

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Tenure 4. Prior to the use of the outdoor dining area, a temporary road closure or

road permit must be obtained. Annual Fees and Bond for Works 5. Any rate or fee associated with the renewal of the outdoor dining permit

associated with the structure must be paid by the applicant (as set by resolution).

6. Council will not contribute to the cost of the works to be undertaken to

establish the structures. 7. A bond to cover the reinstatement of the footpath to its former state

must be paid by the applicant, noting that Council may resolve at a later date to accept the structures as a donated asset.

Infrastructure 8. Plan(s) or engineering drawing(s) must be submitted to:

a. confirm location of all infrastructure in the footpath, footing design of the adjacent building/structures, and footings for the proposed structures so as to not cause any adverse impacts on the footpath, infrastructure and buildings;

b. detail the construction, protection and excavation methods,

restrictions on various types of construction and compaction equipment, including maximum sizes of machines; and

c. confirm the final levels and finishes of the footpath, and the

location, finished level of infrastructure and proposed structures.

Plan(s) and drawing(s) must be submitted to demonstrate the above to the satisfaction of the Chief Executive Officer.

9. For each part of Council’s infrastructure impacted by construction work

a note shall be included on the relevant engineering/project drawing prior to the commencement of work on site specifying the restriction on the use of various types of construction and compaction equipment including maximum sizes of machines. Particular care should be taken in the vicinity of the existing 150AC water main, so as not to cause damage.

10. The final cover over the existing infrastructure is to be not of a lesser

standard, size or quality than the existing cover, unless approved by the Chief Executive Officer prior to commencement of construction.

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11. In the event that any part of Council’s existing infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilization of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced by Cairns Regional Council, at the cost of the land owner

12. If existing hydrants, valves or manholes are found to be within an area

of concrete the surround is to be set in the concrete with a compressible layer between it and the new concrete to allow removal for maintenance. All cover boxes and surrounds are to be replaced at the new levels in accordance with FNQROC Development Manual.

C. Delegates authority to the Chief Executive Officer under the Local

Government Act 2009 to sign the development application building works as the land owner, once satisfactory compliance with the conditions is achieved.

carried 6. APPLICATION TO OPERATE TEMPORARY ENTERTAINMENT

EVENT BY SILVER GEM ENTERPRISES PTY LTD, 1-61 MCGREGOR ROAD SMITHFIELD, 22 TO 23 OCTOBER 2016 – DIVISION 9 ......................................................................................138

Alex Skubij | 8/8/1207| #4999873v2 FENNELL / BATES That Council approves the application by Silver Gem Enterprises Pty Ltd to operate a Temporary Entertainment Event, located at 1-61 McGregor Road Smithfield on 22 to 23 October 2016, subject to the following: 1. The applicant must provide the following at least three (3) months prior to

the event occurring to the satisfaction of the Chief Executive Officer:

a. The final Event Management Plan and Transport Management Plan for the proposed event. The Event Management Plan and Transport Management Plan must be amended to address the conditions of this Temporary Entertainment Event Permit; and

b. Written approval for the event from the State Office of Liquor and

Gaming Regulation; and c. Written support for the event from Smithfield Police; and d. Confirm the time and date of the event should it change from 7:00pm on

22 October 2016 to 3:00am on 23 October 2016.

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2. The temporary entertainment venue must:

a. Not generate (or be likely to generate) noise, dust, excessive light or other adverse effects outside the temporary entertainment venue to any significant degree in the opinion of an authorised person (unless such matters may be effectively abated by control measures) to the satisfaction of an authorised person; and

b. Adhere to safety standards: and c. Adopt best practice management for the activity; and d. Provide a sufficient number of sanitary conveniences for both sexes to

the satisfaction of an authorised person; and e. Be able to collect and dispose of any refuse generated during the

operation and conduct of the activity; and f. Only operate on the date and time specified on the approval; and g. Provide an appropriate, designated overflow guest car park to the

satisfaction of the Chief Executive Officer. Where the overflow car park is within walking distance, a safe walking corridor must be established between the offsite car park and venue. The vacant paddock below the venue at 1-61 McGregor Road is not a suitable guest parking area; and

h. Provide safe pedestrian and vehicular access to and from the site to the

satisfaction of an authorised person; and i. Provide appropriate access for emergency vehicles into the site at all

times including access to the First Aid Station; and j. The First Aid Station must be attended by a qualified First Aid Officer at

all times during the event; and

k. Ensure that adequate waste receptacles are placed around the venue to meet the reasonable needs of attendees to the satisfaction of an authorised person. Clean-up of waste must be carried out within 24 hours of the event; and

l. A mobile phone contact number for the promoter or person acting on

behalf of the promoter must be provided to enable Council Officers to make contact during the event. The person acting on behalf of the promoter must be able to exercise control over the volume of the sound at the mixing console; and

m. Entrance is restricted to persons over the age of 18; and

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n. Entrance be restricted to pre-sale tickets only; and o. Unless in the case of emergency, no pass-out shall be available during

the event; and p. A 1am lockout shall be imposed on all patrons of the event. No entry

shall be permitted after 1am.

3. The approval holder or operator of the temporary entertainment event venue must:

a. Conduct a letter drop to residents in the vicinity of the property within a

minimum 800m radius of the site. The letter must detail the nature of the event, date, hours of operation and contact details of the event organiser. The information letter must also detail the event protocol for managing any noise complaint to the event organiser i.e. a representative of the event will visit the complainant address and undertake a sound check; and

b. Appoint a car parking attendant to direct the orderly parking of vehicles

on the site; and based on pre-sale tickets and the uptake of the bus service between the site and CBD, calculate the approximate demand for onsite parking and identify an appropriately sized and located overflow parking area. The details of the overflow parking area must be provided to Council prior to the event; and

c. Provide a chartered bus service for the event between the CBD and the

venue. The service may offer additional drop-offs between the venue and CBD. Details of the service including pick up and drop off points and bus routes must be detailed in the Transport Management Plan; and

d. Collect and dispose of any refuse generated during the operation of the

activity; and e. Ensure all toilets are maintained in a sanitary state during the event to

the satisfaction of the authorised person; and f. Have a current pubic liability insurance policy to the value of

$20,000,000; and g. Ensure there is a sufficient number of security officers present at all

times during the event; and h. Monitor and record all sound levels at regular intervals to ensure

compliance levels set by the Office of Liquor and Gaming Regulation. Following conclusion of the headline act at 12 Midnight, the sound

must reduce in volume every 20 minutes. The incremental decreases must be detailed in the final Event Management Plan; and

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i. Provide to Council’s Licensing & Approvals Unit a mobile phone

contact number for the person in charge of the event; and j. Ensure the stage including lighting and sound towers, are erected by

suitably qualified persons; and k. Ensure all temporary electrical work is carried out in accordance with

relevant Australian Standards or Industry Codes of Practice.

4. Provide noise readings for the entire duration of the event to Council (within 20 business days post event).

5. This Approval for the Temporary Entertainment Event is only valid for a one-

off event on 22 and 23 October 2016. 6. Ensure any advertising signs intended to be erected must be in accordance

with any local Law or Planning Scheme requirements relating to the advertising.

carried 7. INFRASTRUCTURE CHARGES INCENTIVE PROGRAM UPDATE

........................................................................................................148 Debbie Wellington | 8/20/16 | #5001043 COOPER / RICHARDSON That Council notes the update on the infrastructure charges incentive program. carried 8. PROPOSED MINISTERIAL DESIGNATION OF LAND FOR

COMMUNITY INFRASTRUCTURE FOR TRINITY BEACH STATE SCHOOL .........................................................................................152

Debbie Wellington | 8/26/28 | #5001157v2 RICHARDSON / SCHILLING That Council resolves to provide a submission to the Department of Housing and Public Works in relation to the Initial Assessment Report advising that Council has no objection to the proposal. carried

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9. PROPOSED AMENDMENTS TO THE ECONOMIC DEVELOPMENT ACT 2012 ........................................................................................159

Debbie Wellington | 8/26/28 | #5001174 O’HALLORAN / BRAIN That Council notes the changes proposed to the Economic Development Act 2012 as contained in the Queens Wharf Brisbane Bill 2015. carried 10. PROPERTY MATTERS RESOLVED UNDER DELEGATIONS –

JULY 2015 TO DECEMBER 2015 ...................................................163 SM | 19/3/3-133 | #4985581 SCHILLING / FENNELL That Council notes the property matters considered under delegation in the six (6) months from 1 July 2015 to 31 December 2015. carried 11. COMPENSATION CLAIMS AND APPEALS – QUARTERLY

UPDATE REPORT ENDING DECEMBER 2015 .............................168 P Cohen |1/59/2 | #4438802v6 SCHILLING / O’HALLORAN That the Compensation Claims and Appeals Quarterly Update Report up to 31 December 2015, be received and noted. carried 12. OUTSTANDING ISSUES – PLANNING AND ECONOMIC

COMMITTEE – QUARTERLY REPORT ENDING DECEMBER 2015 ........................................................................................................171

K Reaston | 1/59/2 | #4438793v6 RICHARDSON / O’HALLORAN That Council notes there are no outstanding matters for the quarter ending December 2015. carried

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GENERAL BUSINESS 1. ON-STREET PARKING HERITAGE CENTRAL STREET REDLYNCH

– DIVISION 6 COOPER / BATES That Council investigates the on-street parking arrangements (including options for no parking and informal overflow parking) on Heritage Central Street, Redlynch to improve traffic flow during peak operating hours of the Child Care Centre fronting this street. carried CLOSED SESSION SCHILLING / BATES COUNCIL RESOLVED TO MOVE INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA: 1. PREJUDICIAL MATTER – INVESTMENT INCENTIVE PACKAGE ... 3 A.Finocchiaro | 1/8/3 | #5003354 2. PREJUDICIAL MATTER – TOURISM TROPICAL NORTH

QUEENSLAND’S 2014-2017 RESOURCE AND PERFORMANCE AGREEMENT REPORTING - JULY TO SEPTEMBER 2015 ............. 7

A Finocchiaro | 1/8/8 | #4973625 3. PREJUDICIAL MATTER – INDUSTRY DEVELOPMENT FUND

ACQUITTAL – TASTE PARADISE .................................................. 34 Sarah Palmer | 1/8/4 | #4988783 4. PREJUDICIAL MATTER – ECONOMIC DIVERSIFICATION FUND

APPLICATION ................................................................................. 39 Sarah Palmer | 1/8/4 | #4998270 5. PREJUDICIAL MATTER - CAIRNS REGION PLANNING SCHEME


Debbie Wellington | 8/26/28 | #4959340 carried

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OUT OF CLOSED SESSION COUNCIL RESOLVE TO MOVE OUT OF CLOSED SESSION BRAIN / SCHILLING carried RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION. 1. PREJUDICIAL MATTER – INVESTMENT INCENTIVE PACKAGE ... 3 A.Finocchiaro | 1/8/3 | #5003354 SCHILLING / BRAIN That Council: 1. Extends the date for completion of construction as stipulated in the

Investment Incentive Package for the Cairns Aquarium and Reef Research Centre to 1 April 2017; and

2. Delegates authority to the Chief Executive Officer in accordance with the

Local Government Act 2009 to finalise any and all matters in relation to the matter.

carried 2. PREJUDICIAL MATTER – TOURISM TROPICAL NORTH

QUEENSLAND’S 2014-2017 RESOURCE AND PERFORMANCE AGREEMENT REPORTING - JULY TO SEPTEMBER 2015 ............. 7

A Finocchiaro | 1/8/8 | #4973625 BRAIN / RICHARDSON That Council notes the reporting in accordance with Tourism Tropical North Queensland’s 2014-2017 Resource and Performance Agreement for the period July to September 2015. carried

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3. PREJUDICIAL MATTER – INDUSTRY DEVELOPMENT FUND ACQUITTAL – TASTE PARADISE .................................................. 34

Sarah Palmer | 1/8/4 | #4988783 FENNELL / O’HALLORAN

That Council notes the acquittal of Taste Paradise – Regional Flavours Brisbane Exchange 2015.

carried 4. PREJUDICIAL MATTER – ECONOMIC DIVERSIFICATION FUND

APPLICATION ................................................................................. 39 Sarah Palmer | 1/8/4 | #4998270 ZEIGER / BATES That Council: 1. Approves funding of $20,000 to theSPACE Cairns under the Economic

Diversification Fund to deliver the Cairns Start-up and Innovation Program for 2016 subject to confirmation of support from other funding partners.

2. Delegates authority to the Chief Executive Officer in accordance with the

Local Government Act 2009 to finalise any and all matters in relation to the above agreement.

carried 5. PREJUDICIAL MATTER - CAIRNS REGION PLANNING SCHEME


Debbie Wellington | 8/26/28 | #4959340 ITEM DEFERRED. THE MEETING CLOSED AT 9.44 AM CONFIRMED THIS 24th DAY OF February 2016 ……………………………………. MAYOR

…………………………………… CHIEF EXECUTIVE OFFICER

CAIRNS REGIONAL COUNCIL · Minutes - Planning and Economic Committee 10 February 2016 #5008855...

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Transcript of CAIRNS REGIONAL COUNCIL · Minutes - Planning and Economic Committee 10 February 2016 #5008855...