CAIRNS REGIONAL COUNCIL

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Minutes Planning and Economic Committee 9 April 2014 - #4334550

CAIRNS REGIONAL COUNCIL

MINUTES

PLANNING & ECONOMIC COMMITTEE

9 APRIL 2014

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

J Andrejic A/Chief Executive Officer K Reaston General Manager Planning & Environment B Gardiner General Manager Infrastructure Services K Still A/General Manager CS & CS P Boyd Manager Strategic Planning & Economic Devel. R Holmes Manager Marketing & Communication S Barrett CoOrdinator Sustainability B Spencer Manager Parks & Leisure L Guy Media Coordinator N Quinn Executive Manager Mayors Office 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. RECONFIGURING OF A LOT (1 LOT INTO 84 LOTS) PLUS NEW ROAD, OPEN SPACE AND BALANCE LOT – 701L CAPTAIN COOK HIGHWAY PALM COVE – DIVISION 9 ................................................ 4

G Rosse 8/13/1695 SEDA: #4320080

2. MATERIAL CHANGE OF USE (IMPACT) EXTENSION TO EXTRACTIVE INDUSTRY, UNDEFINED USE & ENVIRONMENTALLY RELEVANT ACTIVITIES: (ERA 16) - EXTRACTIVE AND SCREENING ACTIVITIES AND (ERA 60) - WASTE DISPOSAL – CAPTAIN COOK HIGHWAY – DIVISION 8 .. 16

G Rosse : 8/8/1237 : #4304818

3. NEGOTIATED DECISION FOR MATERIAL CHANGE OF USE FOR A TOURIST ATTRACTION (CAIRNS AQUARIUM AND REEF RESEARCH CENTRE) – 122B LAKE STREET CAIRNS CITY – DIVISION 5 .......................................................................................... 22

D Favier: 8/8/1287: #4318696

4. MATERIAL CHANGE OF USE (IMPACT INCONSISTENT) BUSINESS FACILITIES – 100 PEASE STREET MANOORA – DIVISION 7 .......................................................................................... 25

M Rookwood: 8/8/1314 SEDA: #4241049

5. NEGOTIATED DECISION FOR MATERIAL CHANGE OF USE (CODE) SHORT TERM ACCOMMODATION (10 BEDROOMS) – 48-50 MARTYN STREET PARRAMATTA PARK – DIVISION 5 ............ 30

M Rookwood : 8/7/2885 SEDA : #4323888

6. BEST PRACTICE USE OF FOOTPATHS POLICY – ADOPTION AND AMENDMENTS ................................................................................... 31

T Johnston: TJ:18/46/1 : #4283734v2

7. GARAGE SALE TRAIL 2014.............................................................. 32 D Walton: 8/20/21: #4305426

8. APPLICATION TO AMEND THE TRADING HOURS ORDER FOR NON-EXEMPT SHOPS TRADING BY RETAIL WITHIN THE CAIRNS CBD AREA .......................................................................................... 32

S Cook : 8/20/1 : #4320399

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9. PLANNING & ENVIRONMENT QUARTERLY REPORT ENDING MARCH 2014 ...................................................................................... 33

K Reaston : 1/59/2: #4135404v2

10. COMPENSATION CLAIMS & APPEALS – QUARTERLY UPDATE REPORT ENDING MARCH 2014 ....................................................... 33

S Graham: 1/59/2 : #3728766V8

11. OUTSTANDING ISSUES – PLANNING & ECONOMIC COMMITTEE – QUARTERLY REPORT ENDING 31 MARCH 2014 ....................... 33

K Reaston: 1/59/2: #3728583v7

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APOLOGY Council notes the apology of Councillor Pyne and grants leave of absence. 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. RECONFIGURING OF A LOT (1 LOT INTO 84 LOTS) PLUS NEW ROAD, OPEN SPACE AND BALANCE LOT – 701L CAPTAIN COOK HIGHWAY PALM COVE – DIVISION 9 ................................................ 4

G Rosse 8/13/1695 SEDA: #4320080 FENNELL / O’HALLORAN That Council approves the above application, 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 Proposed Reconfiguration of Lots 26-43, 46-111, 701, 901, 902, 904, & 908 (Park Reserve) & 909 (Park) & Access Easement Cancelling Lot 701 on SP257812 & Easements Stages 3, 3A, 4, 5 & 6 of "Paradise Point Estate" Foley Road, Palm Cove

Brazier Motti Plan No: 30967_027P

19 March 2014

Slope Analysis – Lot 701 on SP201243 Brazier Motti Plan No. 30967/007 C dated

11 June 2013

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

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

application submitted to Council;

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b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

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

issue of a Compliance Certificate for the Plan of Survey, except where specified otherwise in these conditions of approval.

Street Layout and Design 3. The street layout and design must be revised to comply with Queensland

Streets and the FNQROC Development Manual, to the satisfaction of the Chief Executive Officer. In particular:

a. All roads other than an Access Place must have the minimum road

reserve widths as specified in the FNQROC Development Manual Table D1.1;

b. All Access Place roads must have a minimum road reserve width of

14m (5.5m wide pavement); c. A 20m wide major collector road reserve must be provided for the road

link from the DTMR reserve adjacent lots 106/109 to the connection with Seclusion Drive;

d. A minimum 10m carriageway is to be provided along Seclusion Drive

from the existing pavement to the south to the proposed future Major Collector Road link to the highway; and

e. Provision of a two (2) metre wide footpath is to be constructed from the

existing footpath on seclusion drive to the south for the full length of the extension of Seclusion drive to the north within the subject site.

An amended plan incorporating the above requirements must be submitted prior to the issue of a Development Permit for Operational Works. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to the issue of a Compliance Certificate for the Plan of Survey.

Operational Works 4. An Operational Works Approval is required for the internal road network,

excavation and earthworks and water and sewer works associated with the development.

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Such works must be completed to the satisfaction of the Chief Executive Officer prior to the issue of a Compliance Certificate for the Plan of Survey. Where plans are required, three (3) A1 size copies of the plans and one (1) copy at A3 size must be submitted to Council.

Geotechnical Report 5. A geotechnical assessment must be carried out by a qualified and

experienced geotechnical consultant for any lots that contain slopes with a gradient of 1:3 or greater as identified on Brazier Motti Plan “Slope Analysis – Lot 701 on SP201243” Plan No. 30967/007 C dated 11 June 2013.

The preliminary geotechnical reports are to be lodged with the application

for a Development Permit for Operational Works, with a final geotechnical report endorsed by the Chief Executive Officer prior to the issue of a Compliance Certificate for the Plan of Survey.

Water Supply & Sewerage Master Plan 6. A Water Supply and Sewerage Master Plan accompanied by supporting

calculations must be provided which demonstrates how the development can be serviced.

The Water Supply and Sewerage Master Plan must be endorsed by the Chief

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

In particular the Master Plan must address the following:

a. The length of trunk 300mm main utilised in the model should be 187 m

(as advised to the consultant).The modelled length in the provided report is only 60.99m;

b. Confirm demand calculations; c. Confirm that the proposed building pad level can be serviced at

minimum pressure or greater for elevated lots; d. Confirm that the fire- fighting requirement can be met at all cul-de-sac

heads (particular nodes n14 and n22); and e. A connection between the existing 150mm main in seclusion drive and

the proposed 150mm main should be made. Water Supply and Sewerage Works External 7. Undertake the following water supply and sewerage works external to the

site to connect the site to existing water supply and sewerage infrastructure:-

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a. Extend water and sewer infrastructure to connect the site to Council’s existing water and sewer infrastructure at a point that has sufficient capacity to service the development.

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


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

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

Water Supply and Sewerage Works Internal

8. Undertake the following water supply and sewerage works internal to the

subject land:-

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

b. Extend water mains such that each allotment can be provided with a

water service connection to the lot frontage;

c. Provide easements having a nominal width of 3m over sewers which are on a non-standard alignment;

d. 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;

e. Existing water infrastructure including accesses must be contained

within a freehold lot transferred to Council Ownership.

All the above works must be designed and constructed in accordance with the FNQROC Development Manual.

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


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.

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Inspection of Sewers 9. CCTV inspections of all constructed sewers must be undertaken. An

assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Identified defects are to be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to issue of a Compliance Certificate for the Plan of Survey.

Damage to Infrastructure 10. In the event that any part of Council’s existing sewer/water infrastructure is

damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developer’s cost, prior to the commencement of use.

Sewer Easement 11. Create an easement in favour of Council over sewers on non-standard

alignments 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 Environment and Resource Management in conjunction with the Plan of Survey.

Batter Treatment 12. The height of batters / retaining structures shall be generally limited to 1.8

metres with a total maximum height of 3.6 metres in successive batters. All batters must be constructed in a manner that minimises the construction footprint and has the ability to be screened.

Typical details of the various methods to be used to achieve this must be submitted to Council in conjunction with seeking a Development Permit for Operational Works. In instances where batters will exceed 1.8 metres in height, Council will require details to be submitted that include, but are not limited to, the following:

a. Details of the specific means of supporting or retaining to be used.

This must include a geotechnical report supporting each of the proposed treatments at each location;

b. Drawings (plans, longitudinal and cross sections) showing the extent of

the proposed treatments at each location;

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c. Methods to be used to minimise the visual impact; and d. Elevations showing the visual impact when viewed from vantage

points. A geotechnical assessment by a qualified and experienced geotechnical

consultant must also be submitted with the application for Operational Works, with a final geotechnical report to be endorsed by the Chief Executive Officer prior to the issue of a Compliance Certificate for the Plan of Survey.

Access Easements 13. The Applicant is to create reciprocal Access Easements over the proposed

Lot 75 in favour of proposed Lots 71-75 and over Lots 31-33 for access and manoeuvring purposes to the requirements and satisfaction of the Chief Executive Officer.

A copy of the easement documents must be submitted to Council for the

approval of Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking approval for the Compliance Certificate for 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.

General Works - Access Construction 14. The Applicant is to construct a concrete driveway or other approved surface

to service Lots 71-75 and Lots 31-33 which must be of sufficient width to allow vehicles to exit on to Seclusion Drive in a forward direction. The driveway for Lots 71-75 is to include the provision of two (2) off-street car parking spaces. All proposed private driveways with a 20% or greater slope are to have a treatment applied to reduce slippage from water, fallen vegetation, etc. Construction of the concrete driveway must be in accordance with FNQROC Development Manual Standard Drawing S1110.

The driveways must extend the full length of the access leg from adjacent

kerb and channel with a standard crossover in accordance with FNQROC Development Manual Standard Drawing S1015.

All works must be carried out to the requirements and satisfaction of the

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

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Material Change of Use for Sites within the Hillslopes Overlay 15. All proposed lots contained within the CairnsPlan Hillslopes Overlay will

require a Material Change of Use (House – Hillslopes) application to be lodged and approved with Council for a dwelling house prior to the issue of a Development Permit for Building Works.

The above requirements must be made known in writing to all prospective

purchasers of future lots contained within the CairnsPlan Hillslopes Overlay. Building Envelope Plan 16. A building envelope plan for all proposed Lots must be lodged with Council

prior to approval and dating of the Plan of Survey. The building envelope plan must comply with the following requirements:

a. The building envelope must be pegged on site to the requirements and satisfaction of the Chief Executive Officer;

b. No building setback shall be closer than 1.5 metres to a completed

sewer main; c. No building envelope shall extend into an existing or proposed

easement; d. No building envelope shall contain slopes in excess of 1:3 and contain

limited areas having slopes between 1:4 and 1:3; e. A suitable building envelope, which seeks to exclude all or most

significant vegetation, must be identified for each new allotment. The vegetation which is approved to be cleared must be removed prior to the issue of a Compliance Certificate for the Plan of Survey;

f. The building envelope must be clear of the sewer unless alternative

arrangements are made to make the existing sewer line redundant to the satisfaction of the Chief Executive Officer;

g. Building envelopes must be located to accommodate any necessary

set-backs from drainage paths and sewerage soakage envelopes; and h. The building envelope plan must show the actual edge of the existing

drainage path. Proposed clearing on these lots is to be nominated on the engineering drawings submitted for Operational Works approval.

The boundary of building envelopes must be delineated with marker pegs prior to any removal of vegetation. Driveway access corridors must also be clearly marked within the designated vegetation retention areas.

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The applicant / owner must also ensure that the endorsed building envelope plans are made known to all prospective purchasers of the lots.

Landscape Plan 17. Undertake landscaping of the site and street frontages of new roads in

accordance with FNQROC Development Manual and in accordance with a landscape plan. The landscape plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Work. In particular, the plan must show: a. Planting of the footpath with trees, using appropriate species with

regard to any overhead powerline constraints; b. The provision of shade trees, especially in parks; c. Inclusion of all requirements as detailed in other relevant conditions

included in this Approval, with a copy of this Development Approval to be given to the applicant’s Landscape Architect / Designer.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. Areas to be landscaped must be established prior to approval for the Compliance Certificate for the Plan of Survey and must be maintained for the duration of the on-maintenance period to the satisfaction of the Chief Executive Officer.

Vegetation Clearing 18. Existing vegetation on the subject land must be retained in all areas except

those affected by construction of roadworks / access driveways / permitted building envelopes and/or installation of services as detailed on the approved plans as stated in this Approval. Any further clearing requires an Operational Works Approval.

The application for Operational Works must include plans that clearly delineate the limits of clearing associated with the construction of roadworks/access driveways and the installation of services. Vegetation to be retained must be identified on site and adequately fenced off prior to construction work commencing and for the duration of the construction to the satisfaction of the Chief Executive Officer. Council Officers are to inspect the site prior to the issue of a Development Permit for Building Works to assess the extent of the proposed clearing.

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Drainage Study of Site 19. Undertake a local drainage study on the subject land to determine drainage

impacts on downstream properties and the mitigation measures required to minimise such impacts. In particular, the post-development discharge of stormwater from the subject site must have no-worsening effect on the drainage of upstream or downstream properties. The study must also identify the need and location of any drainage easements to convey stormwater to the lawful point of discharge.

Pending the outcomes of the drainage study, any drainage infrastructure

intended for management by Council is to have appropriate access provided for to undertake maintenance as required. This includes, but is not limited to, access easements across lots, pathways suitable for vehicular access, etc. Any drainage infrastructure intended for management by Residents shall be designated as such with covenants placed on said lots outlining their duties and responsibilities. This includes, but is not limited to, open channel cleaning, no obstructions to be placed across channels (i.e. fences), no vegetation to be planted that will damage the infrastructure, etc.

The drainage study must be endorsed by the Chief Executive Officer prior to

the issue of a Development Permit for Operational Works. Sediment and Erosion Control 20. A sediment and erosion control plan must be submitted prior the issue of a

Development Permit for Operational Works. Such plans must be installed / implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Lawful Point of Discharge 21. All stormwater from the property must be directed to a lawful point of

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

Community Purpose/Park Infrastructure – Local Park 22. The physical provision of land for the purpose of a local park referred to as

Lot 909 on Brazier Motti plan titled “Proposed Reconfiguration of Lots 26-43, 46-111, 701, 901, 902, 904, & 908 (Park Reserve) & 909 (Park) & Access Easement Cancelling Lot 701 on SP257812 & Easements Stages 3, 3A, 4, 5 & 6 of "Paradise Point Estate" Foley Road, Palm Cove” on plan no. 30967_027P, dated 19 March 2014 must be dedicated in accordance with an approved Plan of Development to be submitted to Council. The land must be relatively free of constraints including steep sloping areas and shall be - where necessary - filled, graded, and drained, and all declared pest plants are to be destroyed and the site left in a mowable condition to the requirements and satisfaction of the Chief Executive Officer.

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The park is to be laid out and embellished in accordance with a Park

Development Plan. The following items as a minimum are required to be shown on the Park Development Plan: a. Bollards preventing vehicular access to the park; b. One drinking fountain and tap with dog bowl; c. Indication of all turfed areas and landscaped areas; d. Minimum of one play space with shade structure; e. One bin; f. One Picnic table, associated seating and shade shelter; g. One seat adjacent to the play space; h. The park is to be sited above the ARI 50 flood level. If necessary, this

may require appropriate filling; and i. Removal of all pest plants. Three (3) copies of Park Development Plan must be provided and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Park improvements must be completed to the satisfaction of the Chief Executive Officer in accordance with the Park Development Plan and the FNQROC Development Manual, Design Guideline D9 – 01/09, Landscaping. The park improvements must be completed prior to the issue of a Compliance Certificate for the Plan of Survey for each of the respective stages containing Parkland. The land must be transferred to the Crown at the same time as registering the Plan of Survey with the Department of Natural Resources and Mines.

Electricity Supply

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

Electricity and Telecommunications

24. Written evidence of negotiations with Ergon Energy and the telecommunication authority must be submitted to Council stating that both an underground electricity supply and telecommunications service will be provided to the development prior to the issue of a Compliance Certificate for the Plan of Survey.

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Street Lighting 25. The following arrangements for the installation of street lighting within the

proposed subdivision must be provided prior to the issue of a Compliance Certificate for the Plan of Survey:

a. Prior to the issue of a development permit for Operational Works a Rate

2 lighting scheme is to be prepared by an Ergon Energy approved consultant and submitted to the Chief Executive Officer for approval. The Rate 2 lighting scheme is to be designed in accordance with the relevant Road Lighting Standard AS/NZS 1158 and the FNQROC Development Manual.

The applicable lighting category is to be determined from the Road Hierarchy Table D1.1 and the corresponding applicable Lighting Categories Table D8.1 as identified in the FNQROC Development Manual. The lighting design is to detail the proposed light pole locations and demonstrate that there are no clashes with other infrastructure assets.

The design must provide the applicable illumination level specified in the Road Lighting Standard AS/NZS 1158 at the following road elements:

● Intersections ● Pedestrian Refuges ● Cul-de-sacs ● LATM Devices (Including Roundabouts)

LATM Devices are to be shown on the civil layout design, the electrical services and street lighting design must be submitted in accordance with Ergon Energy’s latest Distribution Design Drafting Standard.

b. Prior to the issue of a Compliance Certificate for the Plan of Survey

written confirmation that the relevant capital contribution required by Ergon Energy has been paid must be submitted, to ensure that the street lighting will be constructed.

c. Where a new intersection is formed on an existing roadway for the

purpose of accessing a new subdivision development, the intersection and existing road approaches must be provided with street lighting for a distance equivalent to at least two (2) spans either side of the intersection to the relevant Lighting Category.

Stockpiling and Transportation of Fill Material 26. Soil used for filling or spoil from the excavation is not to be stockpiled in

locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works.

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Transportation of fill or spoil to and from the site must not occur within: a. peak traffic times; or b. before 7:00 am or after 6:00 pm Monday to Friday; or c. before 7:00 am or after 1:00 pm Saturdays; or d. on Sundays or Public Holidays. 27. Dust emissions or other air pollutants must not extend beyond the boundary

of the site and cause a nuisance to surrounding properties. Storage of Machinery and Plant 28. The storage of any machinery, material and vehicles must not cause a

nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

DTMR TMR12-0044956 05/06/2013 3998387 DNRM SPCC05110213 02/01/2014 4231066 Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). FURTHER 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 of the Sustainable Planning Act 2009.

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

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

3. This approval does not negate the requirement for compliance with all other

relevant Local Laws and other statutory requirements. 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.

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

carried

2. MATERIAL CHANGE OF USE (IMPACT) EXTENSION TO EXTRACTIVE INDUSTRY, UNDEFINED USE & ENVIRONMENTALLY RELEVANT ACTIVITIES: (ERA 16) - EXTRACTIVE AND SCREENING ACTIVITIES AND (ERA 60) - WASTE DISPOSAL – CAPTAIN COOK HIGHWAY – DIVISION 8 .. 73

G Rosse : 8/8/1237 : #4304818 RICHARDSON / SCHILLING That Council approves the development application for Extension to Extractive Industry, Undefined Use & Environmentally Relevant Activities (ERA 16) Extractive And Screening Activities and (ERA 60) Waste Disposal over land described as Lot 2 on RP712954, Lot 5 on SP245573, located at Captain Cook Highway, 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 Project Site Northern Sands – Site Layout 30 May 2012 (as

submitted) Site Based Management Plan for Extractive Operations

Northern Sands Pty Ltd - Lot 2 RP712954 Captain Cook Highway, Holloways Beach

30 May 2012 (as submitted)

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

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

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Acid sulphate soil investigation

Northern Sands Pty Ltd - Lot 2 RP712954 Captain Cook Highway, Holloways Beach


Rehabilitation Plan Northern Sands Pty Ltd - Lot 2 RP712954 Captain Cook Highway, Holloways Beach


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.

Damage to Infrastructure 3. In the event that any part of Council’s existing water infrastructure is

damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developer’s cost, prior to the Commencement of Use.

Drainage 4. Undertake a local drainage study on the subject land to determine drainage

impacts on downstream properties and the mitigation measures required to minimise such impacts. In particular, the post-development discharge of stormwater from the subject site must have no worsening effect on the drainage of upstream or downstream properties. The study must also identify the need and location of any drainage easements to convey stormwater to the lawful point of discharge. The drainage study must be endorsed by the Chief Executive Officer prior to Commencement of Use.

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Existing Creek and Drainage Systems 5. All existing creek systems and drainage areas must be left in their current

state, including no channel alterations and no removal of vegetation unless consent is granted in writing by the Chief Executive Officer. The development must not result in the loss of or adverse impacts to surrounding wetlands (including rivers and creeks), must not adversely impact upon water quality to surrounding wetlands or affect the existing natural hydrological processes within the wetland ecosystem.

The applicant/owner must obtain any necessary approvals from the

Department of Environment and Resource Management for carrying out works in a watercourse.


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.

Sediment and Erosion Control 7. Soil and water management measures must be installed / implemented prior

to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Access 8. Access to and from the site shall be via the current haul route and

access/ingress point onto the Captain Cook Highway from Lot 5 on RP906407. At no time shall trucks haul sand directly from Lot 2 on RP712954 to the Captain Cook Highway.

Site Based Management Plan 9. The operations are to be carried out at all times in accordance with the Site

Based Management Plan prepared by Landline Consulting entitled dated 30 May 2012 (as attached) including the amendments required by the Department of Environment and Heritage Protection (DEHP) (attached) to the plan.

Excavation Self-Draining 10. The proposed excavation must be self-draining and designed so that no

clay, gravel, rock, sand, silt, sludge, stone, or overburden resulting from this extractive industry, or aquatic pest plant resulting from this extractive industry, is allowed to:

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a. enter a swamp, watercourse or water storage; b. cause injury to or interference with the use of any land that is not being

used for extractive industry. Geotechnical Report 11. A Geotechnical Report is to be provided with respect to potential landslip

risk or impacts likely as a result of the excavation activities to the surrounding area. The report is to outline any works or requirements necessary to ensure the stability of the pit to a standard which ensures that no land slippage occurs to the surrounding area. The report is to be submitted to the satisfaction of the Chief Executive Officer prior to commencement of the use. All recommendations of the report including any stabilisation works are to be carried out in accordance with the report at all times at the cost of the developer.

Safety Fencing 12. The applicant is to erect safety/security fencing around the excavation area

prior to commencement of activities, and up until completion of activities and rehabilitation works, that prevents potential residents of the dwelling on Lot 2 on RP712954 accessing the pit. In the event that the dwelling is demolished or relocated, the fencing will not be required.

Screening/Stockpiling of Sand 13. All screening and stockpiling of sand is to occur on Lot 5 on RP906407 only

and must be in accordance with the existing development approval conditions for that operation. All further Screening/Stockpiling of Sand and Waste Disposal must be in accordance with requirements set out by the Department of Environment and Heritage Protection (DEHP) (attached).

Rehabilitation 14. Rehabilitation of the site is to be carried out at all times in accordance with

the Rehabilitation Plan prepared by Landline Consulting entitled dated 30 May 2012 (as attached) including the amendments required by the Department of Environment and Heritage Protection (DEHP) (attached) to the plan.

All rehabilitation work recommended by the plan shall be undertaken by the

applicant at the applicant’s cost. The site shall be rehabilitated upon cessation of the extractive industry

operations to an extent which enables it to be used for agricultural purposes. The applicant is to advise Council when the extractive operation ceases and is also to inform Council of when the required rehabilitation works have been completed.

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15. At the cessation of the extractive industry operation, the owner/operator

must stabilise all excavated faces to ensure that batters not steeper than 1 in 3 are achieved; and to carry out approved reclamation works with restoration of natural ground levels where possible, and in such a manner so as to be free draining and to be generally suitable for cultivation.

Acid Sulfate Soil Investigation 16. Undertake an Acid Sulfate Soil investigation in the area to be affected by this

development. Soil sampling and analysis must be undertaken in accordance with procedures specified in the Queensland Government document, ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) or updated version of the document.

The results of this investigation must be submitted to Council for approval prior

to any earthworks or clearing being commenced on the site.

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

Landscaping 17. Undertake landscaping of the site along the Captain Cook highway frontage

of Lot 2 on RP712954 for screening purposes in accordance with FNQROC Development Manual and the Department of Transport and Main Roads’ Road Landscape Manual 2004, section C5 – Safety Requirements and Landscape Design and in accordance with a landscape plan. The landscape plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Work.

Hours of Operation 18. The hours of operation of the Extractive Industry are in accordance with the

existing approval and limited to the following: - Monday to Friday 7:00 am to 6:00 pm; - Saturday 7:00 am to 12:00 noon;

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(With regard to Saturday hours, all cartage operations must cease at 12:00 noon on Saturdays and all other onsite operations must cease at 1:00 pm); and

- Sundays / Public Holidays No work permitted; Unless otherwise approved by the Chief Executive Officer. Existing Approvals 19. All conditions of existing approvals on Lot 5 RP906407 (now Lot 5

SP245573) and Lot 2 on RP712954 are to remain adhered to at all times. This includes conditions of Development Permit No. 542103B (issued as a Court Consent Order), Development Permit No. 13-3B (issued by Council at the Ordinary meeting held on 14 December 1998), Material Change of Use for Extractive Industry (Sand Extraction) and Development Permit 8/8/468, Material Change of Use (Industry Class C) and Development Permit 8/8/900 and Material Change of Use (Extractive Industry & ERA16 Extractive Screening Activities) and Development Permit 8/8/1113 must continue to be complied with.

Amalgamation of Lots Required 20. The applicant/owner is to ensure that the subject lots are held together as

one site for the duration of the approved land use. This can be achieved by either:

a. The registration, at the applicant's/owner's cost, of a Covenant under

Section 97A(3)(c) of the Land Titles Act 1994 on the titles for each of the Lots, the covenant is to be worded to prevent the transfer of one of the titles without the other. Evidence of the registration of the covenants is to be provided to the Chief Executive Officer prior to the Commencement of Use

or, b. Amalgamation of Lot 2 on RP712954 and Lot 5 on SP245573 into one lot.

The Plan of Survey must be registered with the Department of Natural Resources and Mines and a new certificate of title issued at the applicant's/owner's cost prior to Commencement of Use.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS Concurrency Agency

Concurrence Agency Reference


EHP SPCE04499012 17/02/2014 (Received 10/03/2014)

4303284

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DNRM SPCE04499012 SPAR0459812

31/01/2014 4263573

DTMR TMR12-003166 (372.10)

03/07/2012 3645533

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 of the Sustainable Planning Act 2009 Sustainable Planning Act 2009.




relevant Local Laws and other statutory requirements. 4. For information relating to the Sustainable Planning Act 2009 log on to


carried

3. NEGOTIATED DECISION FOR MATERIAL CHANGE OF USE FOR A TOURIST ATTRACTION (CAIRNS AQUARIUM AND REEF RESEARCH CENTRE) – 122B LAKE STREET CAIRNS CITY – DIVISION 5 ........................................................................................ 143

D Favier: 8/8/1287: #4318696 BATES / BRAIN That the Council approves in part the Request for a Negotiated Decision for Decision Notice 8/8/1287 (#4274701) dated 13 February 2014, subject to the following: 1. Amend the Approved Drawing(s) & Document(s) Schedule with the following

amended schedule and amend the Appendix 1 Approved Plans and Documents of the Decision Notice 8/8/1287 (#4274701) dated 13 February 2014 with Appendix 1 of this report.



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Drawing or Document Reference Date Existing Site Analysis 863/32-0019 TP-005 15 October 2013 Site & Ground Level Plan 863/32-0019 TP-007 15 October 2013

19 March 2014 Level 1 Plan 863/32-0019 TP-008 15 October 2013

19 March 2014 Level 2 Plan 863/32-0019 TP-009 15 October 2013

19 March 2014 Elevation Plan 863/32-0019 TP-010 15 October 2013

19 March 2014 Section Plan 863/32-0019 TP-011 15 October 2013

19 March 2014 Florence Street Proposed Perspective 1

863/32-0019 TP-012 15 October 2013

Corner Abbott and Florence Street Perspective

863/32-0019 TP-013 15 October 2013

Corner of Lake and Florence Street Proposed Perspective

863/32-0019 TP-014 15 October 2013

Corner Lake and Southern Elevation Perspective

863/32-0019 TP-015 15 October 2013

Proposed Signage 863/32-0019 TP-020 15 October 2013 Part Plan Ground Floor Preliminary Species List - Freshwater

863/32-0019 TP-021 17 October 2013

Part Plan Ground Floor Preliminary Species List - Saltwater

863/32-0019 TP-022 17 October 2013

Part Plan Level 1 Preliminary Species List – Mangrove, Reptile and Amphibians

863/32-0019 TP-023 17 October 2013

Part Plan Level 1 Preliminary Species List – Coral Atoll, Great Barrier Reef, Dangers of the Reef

863/32-0019 TP-024 17 October 2013

Landscape Master Plan Not referenced 18 October 2013 Landscape Site Plan Area 1 (Abbott Street)

Not referenced 18 October 2013

Landscape Site Plan Area 2 (Lake Street)

Not referenced 18 October 2013

Rainforest Planting Theme Not referenced 8 October 2013 Planting Scheme Not referenced 8 October 2013 2. Remove Condition 3a Amendment to Design, subject to adoption of the

Amended Executive Plan and Amended Proposed Plans attached at Appendix 1 which include a cantilevered glazed awning along the Florence Street façade;

3. Refuse to Amend Condition 5 Vehicle Parking as requested and make

amendments to this condition as detailed below:

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The applicant/owner must: a. Amend the design to provide the amount of vehicle parking as specified

in Council's Planning Scheme which is a minimum of 114 spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Details of the above amendments must be endorsed by the Chief

Executive Officer prior to issue of a Development Permit for Building Work.

Or; Alternatively; b. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of car parking infrastructure for the Cairns Central Business District. The contributions must be paid based on the full deficiency of 114 spaces, at the rates applicable at the time of payment and prior to the Commencement of Use.

Or, alternatively

c. Enter into an Infrastructure Agreement with Cairns Regional Council to address the full deficiency of 114 onsite car parking spaces.

4. Amend Condition 13 Street Lighting as follows:

Street lighting is to be upgraded to Lighting Category V1 along Abbott Street, Florence Street, and Lake Street including the intersection roundabouts to the extent of the development’s frontages. The new Rate 3 street lighting scheme is to be designed in accordance with the Road Lighting Standard AS/NZS 1158 and the specific requirements of Council’s CBD street lighting upgrade program. All existing Ergon Energy timber street light poles are to be recovered. The above condition relating to street lighting must be provided to Ergon Energy at the same time as the application for Network Connection Services. The applicant/owner must enter into an Infrastructure Agreement with Cairns Regional Council to upgrade the street lighting along the Abbott Street, Florence Street and Lake Street frontages including the intersection roundabouts to the extent of the development’s frontages. The agreement shall document the terms and conditions under which the infrastructure is to be built, the portion of costs attributed to the applicant/owner and how and when the applicant/owner is to financially contribute.

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5. All other Conditions of Decision Notice 8/8/1287 (#4274701) dated 13 February 2014, remain unchanged.

carried

4. MATERIAL CHANGE OF USE (IMPACT INCONSISTENT) BUSINESS FACILITIES – 100 PEASE STREET MANOORA – DIVISION 7 ........................................................................................ 158

M Rookwood: 8/8/1314 SEDA: #4241049 O’HALLORAN / RICHARDSON That Council approves the development application for Business Facilities over land described as Lot 9 on C198172, located at 100 Pease Street Manoora, 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 RPS Drawing No. PR120889-1 A 14/01/2014 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.


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.

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Sediment and Erosion Control 4. Soil and water management measures must be installed / implemented prior

to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Vehicle Parking 5. The amount of vehicle parking must be as specified in Council's Planning

Scheme which is a minimum of six (6) spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Car Parking Layout 6. The parking layout must comply with the Australian Standard AS2890.1 2004

Parking Facilities – off-street car parking and CairnsPlan, in particular: a. Parking spaces adjacent to columns and walls must have a minimum

unobstructed clear width as determined by AS2890.1; b. Manoeuvring space must be provided to enable all vehicles to enter and

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

Amended plans must be endorsed by the Chief Executive Officer prior to the

issue of a Development Permit for Building Work. External Works 7. Undertake the following works external to the land at no cost to Council: a. Provision of a rural allotment access crossover and apron at Mayers

Street, in accordance with FNQROC Development Manual Standard Drawing S1105D. A copy is attached as Appendix 3; and

b. Repair any damage to existing kerb and channel, footway or roadway

(including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development.

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Access to Site 8. The permitted road access locations for the development are between Lot 9

on C198172 and the state-controlled road (Anderson Street) generally in accordance with the Site Plan prepared by RPS, Drawing No. PR120889-1 A, dated 14 January 2014, that is ingress via Pease Street (north) and egress via Mayers Street. No other access is permitted between the subject site and the state-controlled road.

Internal Works 9. Construct a concrete driveway or other approved surface over the balance

of the access driveway between the sealed parking area and eastern boundary at Mayers Street as identified on the Site Plan prepared by RPS, Drawing No. PR120889-1 A, dated 14 January 2014 and in accordance with FNQROC Standard Drawing S1110C.

All works must be carried out to the requirements and satisfaction of the

Chief Executive Officer prior to the issue to Commencement of Use. Screen Fence 10. A screen fence must be provided to the side boundaries of the subject land,

to the satisfaction of the Chief Executive Officer. The fencing must be consistent in terms of design and materials with other fences in the locality. The fencing must be completed prior to the Commencement of Use.

Landscaping 11. Areas affected by building and site works must be landscaped in

accordance with the FNQROC Development Manual. In particular, landscaping must include deep planting of front setback areas.

Structural Certification 12. All retaining walls or structures higher than one (1) metre must be

structurally certified prior to the issue of a Development Permit for Building Work.

Where the profile or height of the wall is redesigned during structural certification, amended plans must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Noise 13. The roller door at the Pease Street frontage must be cladded in such a way

that minimises noise emanating from the site to a degree that would, in the opinion of the Chief Executive Officer, not create an environmental nuisance having regard to the provisions of Chapter 8 Part 3B of the Environmental Protection Act 1994.

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14. Noise from air-conditioning units, service equipment or other mechanical

equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of Chapter 8 Part 3B of the Environmental Protection Act 1994.

Damage to Council Infrastructure 15. 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 the Commencement of Use.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS Concurrency Agency Concurrence

Agency Reference


Department of State Development, Infrastructure and Planning

SDA-0114-007501 31/01/2014 #4299084

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

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




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.

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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


LAND USE DEFINITIONS* In accordance with CairnsPlan 2009 the approved land use of ‘Business Facilities’ is defined as: Means the use of premises for:

- The conduct of a business or office where the principal activity is the provision of business or professional advice, services and goods or the office based administrative functions of any organisation;

- The medical or paramedical care or treatment of persons and which

does not involve the accommodation those persons on the premises.

The use includes:

- Facilities commonly described as professional office, real estate office, estate sales office, bank, building society, credit union or funeral parlour;

- Care or treatment by practitioners such as an acupuncturist, podiatrist,

naturopath, chiropractor, dentist, general or specialist medical practitioner, optometrist, pathologist, physiotherapist or radiologist, together with ancillary services such as pharmacy.

*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



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5. NEGOTIATED DECISION FOR MATERIAL CHANGE OF USE (CODE) SHORT TERM ACCOMMODATION (10 BEDROOMS) – 48-50 MARTYN STREET PARRAMATTA PARK – DIVISION 5 .......... 179

M Rookwood : 8/7/2885 SEDA : #4323888 BATES / SCHILLING That Council approves in part, the Request for Negotiated Decision for Decision Notice 8/7/2885 (#4272373), dated 7 February 2014 for Material Change of Use - Short Term Accommodation (10 Bedrooms) over land described as LOT 1 on RP717786, located at 48-50 Martyn Street, Parramatta Park, subject to the following: 1. The approved drawings be amended as follows: Drawing or Document Reference Date Site Plan and First Floor Drainage Plan

Marlin Coast Drafting Job No. 121985E, Sheet 1 November 2013

First Floor Plan Marlin Coast Drafting Job No. 121985E, Sheet 3, Revision 1

November 2013 February 2014

Ground Floor Plan Marlin Coast Drafting Job No. 121985E, Sheet 4, Revision 1

November 2013 February 2014

Front and Left Elevations Marlin Coast Drafting Job No. 121985E, Sheet 5 November 2013

Rear and Right Elevations Marlin Coast Drafting Job No. 121985E, Sheet 6 November 2013

2. Condition 12(a) remains unchanged, as follows:

a. Provide screening of second floor windows to reduce overlooking views of neighbouring residences;

3. Amend Condition 12(b) as follows:

b. Replace existing graveled paths along the southern side boundary and

to the front stairs with concrete or sealed footpaths to the satisfaction of the Chief Executive Officer; and

b. Provide concrete pavers spaced no more than 500mm apart on all

gravelled paths including the southern side boundary and to the front stairs to the satisfaction of the Chief Executive Officer; and

4. Refuse to amend Condition 12(c) as requested and instead amend this

Condition as follows:

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c. A double boarded screen fence with a minimum height of two (2) metres must be provided at the cost of the Applicant/Owner on the full length of the southern side boundary located entirely within Lot 1 on RP717786 following confirmation by the Applicant/Owner of the location of the boundary line, to the satisfaction of the Chief Executive Officer. Note the fence may be located on the boundary if agreement can be obtained from the adjoining owner following establishment of the location of the boundary.

5. The Infrastructure Charges Notice be updated to reflect the amended Floor

Plans by Marlin Coast Drafting Job No.121985E, Sheet 3 and 4, Revision 1 dated February 2014 (Refer to Appendix 2).

6. All other Conditions of Decision Notice 8/7/2885 (#4272373), issued 7

February 2014, remain unchanged. carried

6. BEST PRACTICE USE OF FOOTPATHS POLICY – ADOPTION AND AMENDMENTS ................................................................................. 188

T Johnston: TJ:18/46/1 : #4283734v2 BATES / SCHILLING

A. That Council adopts the following amendments to the Best Practice Use of Footpaths Policy:

1. Existing building side dining be permitted until either the business changes ownership or a new business opens;

2. Umbrellas may be used under awnings and verandas for improved weather protection;

3. To ensure clear pedestrian access and public safety, a business is not permitted to have footpath dining on both sides of the footpath concurrently;

4. Semi-permanent furniture is only permitted on footpath for businesses which remain open over extended trading periods;

5. Inclusion of a Market Precinct Specific Policy in Appendix Two;

6. Allow removable barriers on four (4) sides of a footpath dining area upon application and in suitable locations; and

7. The Best Practice Use of Footpaths Policy currently applies only to the Cairns Central Business District.

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B. That all other requirements of the Best Practice Use of Footpaths Policy remain unchanged.

carried with Councillor Cooper voting against the motion

7. GARAGE SALE TRAIL 2014............................................................ 205 D Walton: 8/20/21: #4305426 O’HALLORAN / RICHARDSON

That Council supports the 2014 Garage Sale Trail through local promotion. carried

8. APPLICATION TO AMEND THE TRADING HOURS ORDER FOR NON-EXEMPT SHOPS TRADING BY RETAIL WITHIN THE CAIRNS CBD AREA ........................................................................................ 210

S Cook : 8/20/1 : #4320399 BATES / SCHILLING That Council resolves to: A. Support the National Retailers Association’s application to amend the

Trading Hours Order for non-exempt shops trading by retail, located within the Cairns CBD area (as defined);

B. Note that independent and exempt shops are not restricted by the Trading

Hours Order; C. Note that non-exempt shops outside of the Cairns CBD area (as defined) will

be restricted to the trading hours set established in the Trading Hours Order for non-exempt shops trading by retail for either the Cairns Tourist area (as defined) or the remainder of the State; and

D. Delegate authority to the Chief Executive Officer in accordance with the

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

carried

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9. PLANNING & ENVIRONMENT QUARTERLY REPORT ENDING MARCH 2014 .................................................................................... 215

K Reaston : 1/59/2: #4135404v3 SCHILLING / O’HALLORAN That the Quarterly report of the Planning and Environment Department for the period ending 31 March 2014 be received and noted. carried

10. COMPENSATION CLAIMS & APPEALS – QUARTERLY UPDATE REPORT ENDING MARCH 2014 ..................................................... 226

S Graham: 1/59/2 : #3728766V8 O’HALLORAN / SCHILLING That the Compensation Claims & Appeals Quarterly Update Report up to 31 March 2014, be received and noted. carried

11. OUTSTANDING ISSUES – PLANNING & ECONOMIC COMMITTEE – QUARTERLY REPORT ENDING 31 MARCH 2014 ..................... 229

K Reaston: 1/59/2: #3728583v7 BRAIN / SCHILLING That Council notes the report on Outstanding Issues (Planning & Economic Quarterly Report) ending March 2014. carried THE MEETING CLOSED AT 9.20 AM CONFIRMED THIS …………..DAY OF ……………………2014 ………………………… ………………………………………. MAYOR CHIEF EXECUTIVE OFFICER

CAIRNS REGIONAL COUNCIL

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