LOCAL GOVERNMENT MEETING · 2013-09-16 · 4.1 Cyclone Yasi Disaster Response and Recovery and the...

LOCAL GOVERNMENT MEETING

24 February 2011

MINUTES

Cr Bill Shannon

Cr Ross Sorbello

Cr Carmel Silvestro

Cr Jennifer Downs

Cr Mark Nolan

Cr Ian Rule

Cr Bill Horsford

Mayor

Division 1

Division 2

Division 3

Division 4

Division 5

Division 6

Please find attached, minutes for the Local Government Meeting to be held in the Council Chambers - Board Room, 38-40 Bryant Street, Tully commencing at 9.00am. Terry Brennan CHIEF EXECUTIVE OFFICER

MINUTES

10.00am – 10.30am Presentation of duplicate Certificate by Michael Johnson for

an award received by Mager Constructions for the Johnstone Shire Hall Refurbishment project in the $10M - $50M category (Commercial Construction) in the 2010 Queensland Professional Excellence in Building Awards, followed by morning tea

12.15pm – 1.00pm Lunch

1. CONFIRMATION OF MINUTES..................................................................................... 3 1.1 Confirmation of Minutes of Local Government Meeting, 20 January 2011 ..................... 3

2. RECEIPT OF MINUTES ................................................................................................. 4 2.1 Receipt of Minutes of CCRC Traffic Consultative Committee Meeting, 19 January

2011 ............................................................................................................................. 4

3. BUSINESS FROM PREVIOUS MINUTES ..................................................................... 4

4. MANAGEMENT.............................................................................................................. 5 4.1 Cyclone Yasi Disaster Response and Recovery and the Qld Reconstruction Authority. 5 4.2 Quarterly Progress Review - 2010 Operational Plan to 31 December 2010 .................. 5 4.3 2011 National General Assembly of Local Government - Call for Motions..................... 6 4.4 Constitutional Recognition of Local Government - A role for Councils ........................... 7

5. WORKS .......................................................................................................................... 8 5.1 Asset Management Plans - Roads and Stormwater ....................................................... 8 5.2 Cyclone Yasi Response - Water & Sewerage ................................................................ 8 5.3 Fenby's Gap Water Supply Reservoir No 2 Roof Replacement - Contract No. 1011-

025 ............................................................................................................................. 9 5.4 Jubilee Bridge Replacement and Associated Works Update.......................................... 9 5.5 Innisfail Water Treatment Plant Upgrade Progress ...................................................... 10 5.6 Innisfail Sewerage Treatment Plant Upgrade Progress................................................ 10 5.7 Tully Sewerage Upgrade - Stage 1 Progress Report.................................................... 11 5.8 Cyclone Yasi Response - Civil Infrastructure................................................................ 12

7. PLANNING & ENVIRONMENT .................................................................................... 12 7.5 DA009/08J - 1RP705584, 2SP161114, 3NR6216 & 4RP705579 - Preliminary

Approval to Override the Planning Scheme seeking Use Rights in accordance with the Development Guidelines......................................................................................... 12

7.4 DA012/08C - 1RP881721 & Lots 2-4RP715125 - Reconfiguration of a Lot (4 Lots into 57 Lots) ......................................................................................................................... 17

6. COMMUNITY................................................................................................................ 20 6.1 Cyclone Yasi Recovery Plan Endorsement .................................................................. 20

7. PLANNING & ENVIRONMENT (CONT'D…) ............................................................... 21 7.1 DA 100/10J - Lot 1 on RP700497 - Material Change of Use for a Showroom and

Display Facility (Car Sales)........................................................................................... 21 7.2 DA 098/10J - 44NR398 - Material Change of Use for a Telecommunications Facility

(Optus Service) ............................................................................................................. 26 7.3 DA 113/10J - 11RP738701 - Material Change of Use for a Telecommunications

Facility (Optus Service)................................................................................................. 30 7.6 DA104/10J - Lot 2 on RP730701 & Lot 2 on RP726893 - Material Change of Use for

Budget Accommodation (Intensification of Existing Use - 70 Beds to 102 Beds)......... 33

MINUTES (CONT'D…) 7.8 DA 036/10C - 8SP174173 - Material Change of Use for Animal Husbandry (Horse

Stable)........................................................................................................................... 37 7.9 DA035/08 - Lot 5 on RP738685 - Request to Change an Existing Approval for

Reconfiguring a Lot (One (1) Lot into Twenty (20) Lots)............................................... 40

8. CORPORATE............................................................................................................... 42 8.1 Financial Statements for the Period 1 July 2010 to 31 January 2011........................... 42 8.2 Budget Review for the six months to 31 December 2010............................................. 43 8.3 Governance Guidelines and Policy Documents for Councillors and Council Officers .. 43 8.4 Review of divisions of Local Government Area ............................................................ 44

9. NOTICE OF MOTION................................................................................................... 46 9.1 Notice of Motion - Official Opening of the new Jubilee Bridge - "Breakfast on the

Bridge" .......................................................................................................................... 46

10. GENERAL BUSINESS................................................................................................. 46 10.1 Convening of future Local Government Meeting - Wangan Hall................................... 46 10.2 Innisfail Hotel Site ......................................................................................................... 46 10.3 LAWMAC - Deferrment of Waste Levy ......................................................................... 46 10.4 Recovery Post Cyclone Yasi......................................................................................... 46 10.5 Proposed Concert - Sugar Bag Cattle Station .............................................................. 47

11. CONFIDENTIAL ........................................................................................................... 48 11.1 Confidential Report - Council Rates levy following Cyclone Yasi ................................. 48 11.2 Council-owned land described as Lot 4 on RP707620 at South Johnstone ................. 49

Minutes – CCRC Local Government Meeting 24 February 2011

PRESENT: Crs B Shannon (Mayor), M Nolan, I Rule, J Downs, B Horsford, R Sorbello and C Silvestro and Messrs T Brennan (Chief Executive Officer), P Cochrane (Director Corporate Services), J W Pettigrew (Director Planning & Environmental Services), D Trotter (Director Works), T Rooks (Manager Technical Support), D Horton (Manager Planning Services), G Everson (Manager Assets), R Jennings (Manager Water), and Ms J Murphy (Director Community Services), Ms J Sorensen and Ms J Cooksley (Minutes Clerk). APOLOGIES: Nil The Mayor called for a minute's silence to acknowledge the wide-scale destruction of communities and agricultural crops within the region caused by category 5 Cyclone Yasi on 3 February 2011 and the significant loss of life, injury and devastation of the Central Business District in Christchurch, New Zealand on Tuesday this week as a result of an earthquake measuring 6.3 on the Richter scale.

1. CONFIRMATION OF MINUTES

1.1 CONFIRMATION OF MINUTES OF LOCAL GOVERNMENT MEETING, 20 JANUARY 2011

Recommendation:

“That the Minutes of the Local Government Meeting held on 20 January 2011 be confirmed as a true and correct record.”

Moved Cr C Silvestro Seconded Cr I Rule Resolution Number 1273

"That the Recommendation be adopted."

FOR VOTE - Unanimous

CARRIED

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2. RECEIPT OF MINUTES

2.1 RECEIPT OF MINUTES OF CCRC TRAFFIC CONSULTATIVE COMMITTEE MEETING, 19 JANUARY 2011

Recommendation:

“That the Minutes of the CCRC Traffic Consultative Committee Meeting held on 19 January 2011 be received.”

Moved Cr I Rule Seconded Cr J Downs Resolution Number 1274



CARRIED

3. BUSINESS FROM PREVIOUS MINUTES

Nil.

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4. MANAGEMENT

4.1 CYCLONE YASI DISASTER RESPONSE AND RECOVERY AND THE QLD RECONSTRUCTION AUTHORITY

Executive Summary:

Cyclone Yasi hit the Cassowary Coast Region on 3 February 2011 causing widespread devastation. Council’s response to the disaster has been coordinated through the Local Disaster Management Group (LDMG) in accordance with the disaster management framework under the Disaster Management Act 2003. Financial support for disaster operations and the restoration of essential public assets has been activated under the NDRRA funding guidelines. The State Government has introduced legislation to establish the Qld Reconstruction Authority (QRA) which will oversee the reconstruction task for disaster affected communities right across Qld. A North Qld director has been appointed to the board of the QRA, Chief Superintendent Mike Keating. Council has taken action to develop a Cyclone Yasi Disaster Recovery Plan and develop a framework to support the implementation of the Plan. Additional resources will be required to undertake work associated with the Disaster Recovery Plan and confirmation of funding for these additional resources should be sought from the State Government. Recommendation:

“That the Chief Executive Officer’s report be received and Council seek confirmation from the State Government of funding to cover the additional resources required to implement the Cyclone Yasi Disaster Recovery Plan.”

Moved Cr I Rule Seconded Cr B Horsford Resolution Number 1275



CARRIED

4.2 QUARTERLY PROGRESS REVIEW - 2010 OPERATIONAL PLAN TO 31 DECEMBER 2010

Executive Summary:

The Council adopted its 2010/11 Operational Plan on 10 June 2010. The Operational Plan outlines the activities proposed to be undertaken during the 2010/11 financial year which will contribute to the achievement of the strategies outlined in the Corporate Plan. The second quarterly review of the 2010/11 Operational Plan has recently been completed and a copy is attached for review by Council.

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4.2 QUARTERLY PROGRESS REVIEW - 2010 OPERATIONAL PLAN TO 31 DECEMBER

2010 (CONT'D…) Recommendation:

“That the quarterly review of the 2010/11 Operational Plan to 31 December 2010 be received and its contents noted.”

Moved Cr B Horsford Seconded Cr J Downs Resolution Number 1276



CARRIED

4.3 2011 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT - CALL FOR MOTIONS

Executive Summary:

Council has received advice from the Australian Local Government Association of the 2011 National General Assembly of Local Government (NGA) being held at the National Convention Centre in Canberra between 19 - 22 June 2011. The ALGA are calling for motions for the 2011 NGA under the theme 'Growing with our Community - Partnership, Place and Position'. Eligible motions must be submitted electronically to the ALGA via the online form by 22 April 2011 and follow the principles: Fall under one of the themes - Partnership, Place or Position; Be relevant to the work of Local Government nationally; and Complement or build on the policy objectives of State and Territory associations. Recommendation:

“For Council's consideration.”

Moved Cr M Nolan Seconded Cr J Downs Resolution Number 1277

"That the report be noted."


CARRIED

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4.4 CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT - A ROLE FOR COUNCILS

Executive Summary:

The Australian Local Government Association (ALGA) have recently written to Council asking it to become directly engaged in the campaign for constitutional recognition by passing a resolution endorsing the position that a referendum be held by 2013 to change the Constitution to allow direct funding of Local Government bodies by the Commonwealth Government and also to include Local Government in any new Preamble to the Constitution if one is proposed. The ALGA have also asked that Council write to the Prime Minister, the Leader of the Opposition and local Federal Member to advise them of Council's support for recognition once Council have passed a resolution to that affect. Recommendation:

“That the Cassowary Coast Regional Council declare its support for financial recognition of Local Government in the Australian Constitution so that the Federal Government has the power to fund Local Government directly and also for inclusion of Local Government in any new Preamble to the Constitution if one is proposed, and call on all political parties to support a referendum by 2013 to change the Constitution to achieve this recognition.” Moved Cr J Downs Seconded Cr M Nolan Resolution Number 1278



CARRIED

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5. WORKS

5.1 ASSET MANAGEMENT PLANS - ROADS AND STORMWATER

Executive Summary:

With the introduction of the Local Government Act 2009, Queensland councils have been required to prepare and adopt Asset Management Plans for all major asset classes. The timeframe for their adoption has been recommended by the Asset Management Advance Program (AMAP), which requires 'core' level plans be in place by September 2011. This report tables the next two plans in the suite for the Road Transport Network and Stormwater Network asset classes. Recommendation:

“That council receives and adopts the core Asset Management Plans for the Road Transport Network and Stormwater asset classes.”

Moved Cr I Rule Seconded Cr B Horsford Resolution Number 1279



CARRIED

5.2 CYCLONE YASI RESPONSE - WATER & SEWERAGE

Executive Summary:

This is an update report to keep Council informed on the progress of the response to Cyclone Yasi for the water and sewerage schemes operated by Council. In general, the response has been well executed with all water schemes operational within seven days of the cyclone passing and critical path sewerage systems operational within five days. The "Boil Water Notice" was lifted for all areas south of Liverpool Creek on the evening of Thursday 17 February 2011. The "Boil Water Notice" was issued due to the inoperability of disinfection (chlorination) systems resulting from power failure and/or major damage. The sewerage schemes are all operational although with a number of pump stations operating on generated power in the Mission Beach and Tully schemes. Recommendation:

“That the report be received and noted.” Moved Cr I Rule Seconded Cr R Sorbello Resolution Number1280



CARRIED

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5.3 FENBY'S GAP WATER SUPPLY RESERVOIR NO 2 ROOF REPLACEMENT - CONTRACT NO. 1011-025

Executive Summary:

To consider tenders submitted for the replacement of the Fenby’s Gap Water Supply Reservoir No 2 roof due to its poor condition and need for replacement. Recommendation:

“That the schedule of rates tender submitted by Brice Engineers Pty Limited, is accepted for the tendered amount of $236,610 for the design and construction of a reservoir roof replacement in respect of Contract No. 1011-025, Fenby’s Gap Reservoir No 2 Roof Replacement." Moved Cr B Horsford Seconded Cr I Rule Resolution Number 1281



CARRIED

5.4 JUBILEE BRIDGE REPLACEMENT AND ASSOCIATED WORKS UPDATE

Executive Summary:

This is an update report to keep Council informed of the progress of the Jubilee Bridge Replacement and Associated Works project. In general, works are progressing, with the Principal Contractor continuing installation of in-river permanent piling operations for the replacement bridge. Earthworks for the bridge approaches have now commenced on both sides of the river. Recommendation:

“That the report be received and noted.” Moved Cr C Silvestro Seconded Cr R Sorbello Resolution Number 1282



CARRIED

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5.5 INNISFAIL WATER TREATMENT PLANT UPGRADE PROGRESS

Executive Summary:

This is an update report to keep Council informed of the progress of the Innisfail Water Treatment Plant Upgrade project. The Principal Contractor, Queensland Concrete and General Constructions has been advised and is proceeding with site establishment works. Recommendation:

“That the report be received and noted” Moved Cr R Sorbello Seconded Cr M Nolan Resolution Number 1283



CARRIED

5.6 INNISFAIL SEWERAGE TREATMENT PLANT UPGRADE PROGRESS

Executive Summary:

This is an update report to keep Council informed of the progress of the Innisfail Sewage Treatment Plant Upgrade project. The Principal Contractor has continued with detailed design and has completed the site filling earthworks for piling operations with piling operations commenced on site. The control building has the base slab in place and steel works are due to commence next week. Recommendation:

“That the report be received and noted.” Moved Cr C Silvestro Seconded Cr B Horsford Resolution Number 1284



CARRIED

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5.7 TULLY SEWERAGE UPGRADE - STAGE 1 PROGRESS REPORT

Executive Summary:

This is an update report to keep Council informed of the progress of the Tully Sewerage Upgrade project. The contract involves the installation of additional pumping and sewer main capacity within the Tully Sewerage Scheme in order to alleviate sewage overflows within the sewered area and provide increased capacity within the system. Recommendation:

“That the report be received and noted” Moved Cr R Sorbello Seconded Cr I Rule Resolution Number 1285



CARRIED

PRESENTATION OF ALGWA CERTIFICATES The Mayor, Cr Bill Shannon presented certificates issued by the Australian Local Government Women's Association (ALGWA) Queensland Branch, to Crs Carmel Silvestro and Jennifer Downs in recognition of their valuable contribution to Local Government and in celebration of the National Year of Women in Local Government and 100 years of International Women's Day. PRESENTATION BY MICHAEL JOHNSON, MAGER CONSTRUCTIONS Michael Johnson, Principal of Mager Constructions presented the Mayor and Councillors with copies of an award the company received in relation to the process involved in the Johnstone Shire Hall renovation project, including a copy of the submission and photos for display at Council's Innisfail Library. The award was at the State and National level - Building Professional of the Year for the State, and runner-up for the nation. Mr Johnson felt it was important that a copy of the award should live with the building, and hoped an appropriate place could be found within the Hall to place the award. He acknowledged team members, including John Pettigrew, Vince O'Brien, Maurice Knill, Andy Martin and Gayle Plunkett. On behalf of Council, the Mayor congratulated Mr Johnson on his significant achievements with respect to the Johnstone Shire Hall Restoration project. 10.25am - 10.45am The meeting adjourned for morning tea. It was noted when the meeting reconvened that Mr G Wilson (Manager Environmental Services) and Ms L Taylor, Director and Consultant Planner, Planning Far North were in attendance. 11.10am Cr C Silvestro left the meeting due to a pressing personal matter. It was not known whether she would return to the meeting.

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5.8 CYCLONE YASI RESPONSE - CIVIL INFRASTRUCTURE

Executive Summary:

This is an update report to keep Council informed on the progress of the Works Department's response to Cyclone Yasi for Council's civil infrastructure. In general, the response has been well executed with all roads open to traffic within 8 days of the cyclone passing, all roads cleared for two-lane access within 14 days, the first round of green waste removal throughout the region expected to be completed within 16 days and the first round of cyclone debris removal well underway. All branches of the Works Department were fully operational within 4 days, with all sections commencing cyclone response operations on the day of the cyclone. The Assets & GIS Branch were operational several days prior to the cyclone, providing advice on evacuations and cyclone preparations and then assisting the Local Disaster Coordination Centre, LDMG, all departments, state agencies and the Australian Defence Force (ADF) with mapping and technical advice for their cyclone response operations. Recommendation:

“That the report be received and noted.” Moved Cr B Horsford Seconded Cr M Nolan Resolution Number 1286

"That the Recommendation be adopted. Further, that a report be prepared outlining details of the statistical break-up of plant items being utilised by Council in the Cyclone Yasi response."


CARRIED

11.15am Ms N Moore (Planning Officer, South) and Ms S Camilleri (Planning Officer, North) entered the meeting at which time Messrs R Jennings, T Rooks and G Eversen left the meeting.

7. PLANNING & ENVIRONMENT

7.5 DA009/08J - 1RP705584, 2SP161114, 3NR6216 & 4RP705579 - PRELIMINARY APPROVAL TO OVERRIDE THE PLANNING SCHEME SEEKING USE RIGHTS IN ACCORDANCE WITH THE DEVELOPMENT GUIDELINES

Recommendation:

In relation to the Development Application for Material Change of Use - Preliminary Approval to Override the Planning Scheme, Seeking Use Rights in Accordance with the Development Guidelines prepared by RPS, dated August 2010 and development as shown on RPS Drawing No 9226 – 18 C dated 3-10-2010, relating to land described as Lot 3 on NR 6216, Lot 2 on SP 161114, Lot 4 on RP 705579 and Lot 1 on RP 705584, situated at the Bruce Highway, Riordan Road and Rifle Range Road, Innisfail, Parish of Mourilyan:

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7.5 DA009/08J - 1RP705584, 2SP161114, 3NR6216 & 4RP705579 - PRELIMINARY

APPROVAL TO OVERRIDE THE PLANNING SCHEME SEEKING USE RIGHTS IN ACCORDANCE WITH THE DEVELOPMENT GUIDELINES (CONT'D…)

1. A Preliminary Approval be issued for that part of the Retail/Commercial Precinct

shown on the attached Annotated Extract of RPS Drawing No 9226-18 C dated 3-10-2010 and as illustrated on the Annotated Site Layout Plan, subject to the following conditions:

(a) That part of the Retail/Commercial Precinct described above is to be

developed for a Home Maker Centre (Big Box/Large Format Retail).

(b) The Development Guidelines submitted by the applicant and prepared by RPS, dated August 2010, do not apply to the development of that part of the Retail/Commercial Precinct described above for a Home Maker Centre.

(c) For the purposes of the development of that part of the Retail/Commercial

Precinct described above for a Home Maker Centre the following definition of Home Maker Retail applies and is the only land use permitted in the Home Maker Centre:

“Home Maker Retail

Means the use of premises for the display and sale of goods where the retail floor area is a minimum of 600 m2 and the activity is predominately undertaken indoors. The term includes but is not limited to the retail sale of:

floor coverings, wall tiles, soft furnishings or bedding; furniture and ancillary decorative items; sizeable domestic appliances being washing machines, dishwashers,

clothes dryers, refrigerators, hot-water systems and air conditioners; household fixtures and fittings; hardware and trade supplies; and barbeques, camping goods and outdoor recreation goods. The term includes the use of the premises for ancillary storage and ancillary uses related to the primary function of the use and also includes any ancillary customer convenience facilities, up to a maximum of 50 m2 in gross floor area. The term does not include land uses commonly described as shopping centre, supermarket, shop, outdoor showroom or sales yard, large warehouse variety store or discount department store, garden centre, retail nursery, building construction depot, machinery or equipment depot, paint store, factory seconds store, and the like”.

(d) A maximum total land area of 4.5 hectares, excluding new roads, is able to be utilised for the development.

(e) A minimum lot size of one (1) hectare applies to any reconfiguration of lots

created as part of the approved development. (f) One (1) lot (the northern lot) with a minimum area of one (1) hectare and of

suitable configuration and utility to accommodate and service the proposed land use, is to be located adjacent to the existing Day Care Centre and Christian Outreach Centre.

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7.5 DA009/08J - 1RP705584, 2SP161114, 3NR6216 & 4RP705579 - PRELIMINARY APPROVAL TO OVERRIDE THE PLANNING SCHEME SEEKING USE RIGHTS IN ACCORDANCE WITH THE DEVELOPMENT GUIDELINES (CONT'D…)

(g) All lots (other than the northern lot) must be configured to have primary frontage to Mourilyan Road and so as to be of suitable configuration and utility to accommodate and service the proposed land use.

(h) One (1) new road with a minimum road reserve width of 20 metres must be constructed to provide (separate) customer and service delivery access to any lots created as part of the approved development. This new road must access off Mourilyan Road and be located as far south as possible without compromising the intersection with the Bruce Highway.

(i) Reciprocal access easements must be created to provide delivery circulation on site for the balance area, at the time of reconfiguration into separate lots.

(j) Reciprocal access easements must be created to provide internal circulation on site for customer car parking on the balance area, at the time of reconfiguration into separate lots.

(k) Customer car parking must be provided at the time of development, to the Mourilyan frontage of each development site and to the frontage of the new road for the northern development site.

(l) A car parking rate of one (1) space per 50m2 of net lettable area applies to the development of each site for Home Maker Retail.

(m) Each lot created as part of the development must provide a landscape strip 3 metres wide to the site frontage and a landscape strip 2 metres wide to side boundaries or any boundary with a secondary road reserve.

(n) All buildings must address Mourilyan Road frontage, or the new road frontage for buildings on the northern lot, while being set back behind the on site customer car parking area/s.

(o) Wall signage on any building or wall is not permitted (other than the tenancy signage referred to below in Item (p) and minor directional signage). In addition, product advertising is not permitted on the exterior of any building or wall.

(p) One (shared) pylon sign with a maximum area of 10 m2 located to the site frontage for each development site, and one tenancy sign with a maximum area of 5 m2 located in proximity to the entrance of each premises, for each tenancy, are permitted.

(q) The Home Maker Retail development will be required to connect to the Council’s reticulated water system (including meeting cost of any necessary upgrading and infrastructure charges) at the time of reconfiguration or prior to commencement of the use, whichever occurs first.

(r) The Home Maker Retail development will be required to provide a detailed Engineering Report to Council for approval on proposals to provide for sewerage reticulation and treatment of all effluent generated on site. This should include connection to and any necessary upgrade of Councils reticulation system, if practicable.

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The cost of any agreed works and associated infrastructure charges will be the responsibility of the development and at no cost to Council. Agreement on and construction of the effluent disposal system is to be finalised at the time of reconfiguration or prior to commencement of the use, whichever occurs first.

(s) The staging of the development of a Home Maker Centre on the approved land

only occurs in several stages, as follows: Stage 1 – a maximum of 10,000 m2 of gross floor area (which can be

developed in spatially coordinated and sequential (not fragmented) sub-stages up to the specified maximum gross floor area); and

Subsequent Stages – following justification in the form of a Needs

Assessment prepared by a suitably qualified professional and assessed and supported, in part or in full, on behalf of the Council by another suitably qualified professional.

(t) Relevant Period: The relevant period for the Preliminary Approval shall be five (5) years starting the day the approval is granted or takes effect. The Preliminary Approval lapses if an application for a Development Permit is not lodged to Council within the abovementioned relevant period.

2. All other aspects of the development application are refused on the following

grounds.

(a) The proposed development is in conflict with the Johnstone Shire Planning Scheme 2005.

(b) The proposed development does not achieve the overriding principle of the

Planning Scheme, outlined in Section 1.2.2 Strategic Framework of the Planning Scheme.

(c) The proposed development does not satisfy the following strategies outlined

in the Planning Scheme to encourage the achievement of ecological sustainability.

Maintain the predominant role of agriculture, whilst increasing diversity

within and between economic sectors. Manage the natural resources of the Shire in such a way to protect and

enhance their permanent viability and value for the lasting benefit and enjoyment of future generations, while maintaining economic and social development.

Preserve and enhance the character of urban, natural and rural areas,

including the striking scenic landscape, the relaxed and friendly lifestyle and the strong sense of community identity, which typifies the Shire.

Plan and manage the Shire in the context of its region and neighbours.

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(d) The proposed development is in conflict with the Innisfail Zone, which

contains the areas identified for future expansion of the town for at least the next 15 years.

(e) The proposed development is in conflict with the Vision for land in the

Innisfail Zone, which identifies the Central Business area as the focus for commercial and retail activity and land for new residential development.

(f) The proposed development compromises the Purpose statements for the

relevant precincts in the Innisfail Zone, as follows:

Innisfail Central Business Precinct, in particular Clauses 1 and 2. Innisfail Business Frame Precinct, in particular Clause1. Innisfail Residential Precincts, in particular Clause 2. Innisfail Recreation Precinct, in particular Clause 1.

(g) The proposed development is not contemplated within the life of the Planning

Scheme and there is no demonstrated need for the proposed development. (h) The proposed development it is in conflict with the Purpose Statement of the

Rural Zone and the Rural Use Precinct, the current zoning and precinct designations of 99% of the land, on the basis that there is no overriding need or community benefit for the proposed development.

(i) The proposed development has the potential to detrimentally impact on

localized flooding and drainage and is therefore in conflict with the Hazards Code and the Filling and Excavation Code;

(j) The proposed development is out of sequence development and is in conflict

with the Infrastructure Code. (k) The proposed development is in conflict with the Far North Queensland

Regional Plan (FNQRP) 2009-2031. Concurrence Agency Conditions: Refer to the attached Conditions issued by DTMR and DERM. Assessment Managers Advice:

a) Required Approvals: A Development Permit for Material Change of Use, Reconfiguration of Lot and Operational Works will be required, with a permit for these works issued prior to any works commencing.

b) Aboriginal Cultural Heritage: The Applicant/Owner is to ensure compliance with the requirements of the Aboriginal Cultural Heritage Act and in particular ‘the duty of care’ that it imposes on all landowners, developers and the like.

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AMENDMENT TO THE RECOMMENDATION: Moved Cr M Nolan Seconded Cr I Rule Resolution Number 1287

"That in relation to the Development Application for Material Change of Use - Preliminary Approval to override the Planning Scheme, seeking Use Rights in accordance with the Development Guidelines prepared by RPS, dated August 2010 and development as shown on RPS Drawing No. 9226 - 18C dated 3 October 2010, relating to land described as Lot 3 on NR6216, Lot 2 on SP161114, Lot 4 on RP705579 and Lot 1 on RP705584, situated at the Bruce Highway, Riordan Road and Rifle Range Road, Innisfail, Parish of Mourilyan, a Preliminary Approval be issued with reasonable and relevant conditions."

After discussion of the legal requirements associated with the proposed motion and the need for Council to determine the proposed conditions of approval, it was agreed to withdraw the Motion. Moved Cr M Nolan Seconded Cr I Rule Resolution Number 1288

"That consideration of this matter be deferred to enable Council to determine what reasonable and relevant conditions would be applied to this Development Application should preliminary approval be issued given it is in conflict with the officer's recommendation and the reasons for Council's decision, including a statement of the sufficient grounds mentioned in sections 3.5.13(3) and 3.5.14(2)(b) of the Integrated Planning Act 1997."

FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr Carmel Silvestro

CARRIED

7.4 DA012/08C - 1RP881721 & LOTS 2-4RP715125 - RECONFIGURATION OF A LOT (4 LOTS INTO 57 LOTS)

Executive Summary:

Council is in receipt of an Application for Reconfiguration. The applicant requested that the Application be considered under the Cardwell Shire Superseded Planning Scheme 2005 but in the Acknowledgment Notice issued in May 2008 the Council advised that the Application would be assessed under the Cardwell Shire Planning Scheme 2007. The application was prepared by Wolter Rowlands Town Planning Group on behalf of S J Mackay Pty Ltd for the establishment of a residential subdivision, comprising 42 large standard residential lots and 15 large group title lots on land within the Conservation Zone, described as Lot 1 on RP 881721 and Lots 2, 3 and 4 RP 715125, situated at Tully – Mission Beach Road, Carmoo.

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7.4 DA012/08C - 1RP881721 & LOTS 2-4RP715125 - RECONFIGURATION OF A LOT (4

LOTS INTO 57 LOTS) (CONT'D…) During negotiations with DERM the Application was changed several times and is now comprised of 48 large residential lots and no group title lots. The application is Code Assessable and therefore public notification was not required. The application triggered referral to: DMR now DTMR– State Controlled Road- Concurrence Agency; DNRM now DERM – Vegetation - Concurrence Agency; and

EPA now DERM – 100 metres from a protected area – Advice Agency.

The subject site is located within the Regional Landscape and Rural Production Area as indicated in the Far North Queensland Regional Plan 2009-2031 (FNQRP). The proposed development is in conflict with the FNQRP. The proposed development is in conflict with the Planning Scheme 2007 in particular, the density provisions of the Conservation Zone Code. It is not considered to be the type and form of development which is sought on land in the Conservation Zone, due to the intensity of the proposed development. It is recommended that the Council issue a Preliminary Approval for 7 large residential lots, which represents the intensity of development which is compliant with the relevant provisions of the Panning Scheme 2007 on a site of this size located in the Conservation Zone. Recommendation:

In relation to the Development Application for Reconfiguration (4 Lots into 48 Lots, as shown on Rowlands Survey Plan No 42678/01 Issue B, dated 20 August, 2010) relating to land described as Lots 2, 3 and 4 on RP 715125 and Lot 1 on RP 881721, situated at Tully – Mission Beach Road, Carmoo: A Preliminary Approval be issued for reconfiguration into seven (7) large residential lots, subject to the following conditions and the Annotated DERM Vegetation Plan which sets out the design and siting criteria which must be adhered to in the final design of the proposed development and prior to the issue of a Development Permit: Number and configuration of Lots:

The 7 proposed lots are to be divided between the northern parcel of land (Lots 2, 3 and 4 on RP 715125) and the southern parcel of land (Lot 1 on RP881721); with 6 large residential lots located on the northern parcel of land and one lot on the southern parcel of land (that is, Lot 1 on RP 881721 will remain in it’s current configuration, as one lot).

Vehicular Access Vehicular access is to be provided to the six (6) lots on the northern parcel in the same or similar location to that currently illustrated on the Final Amended Concept Plan.

18


7.4 DA012/08C - 1RP881721 & LOTS 2-4RP715125 - RECONFIGURATION OF A LOT (4

LOTS INTO 57 LOTS) (CONT'D…)

Configuration / Layout:

Compliance is required with the DTMR conditions except that the DTMR conditions require an ‘exclusion zone’ along the length of time Tully – Mission Beach Road frontage of both parcels of land. However, the ‘exclusion zone’ on the southern parcel of land is no longer required, given that Lot 1 on RP881721 will no longer be further reconfigured.

On the northern parcel, the lot layout should also incorporate a 10 metre wide vegetated buffer area contained within the lots with frontage to the Tully-Mission Beach Road, beyond (in addition to) the ‘exclusion zone’ required by DTMR. The buffer area is required to take into account the visual amenity of the area and the cassowary habitat values of the area in which the proposed development is located.

Increase in area subject to covenant, and requirement to re-vegetate:

Compliance is required with DERM Conditions except that the boundary of the Covenant Area required by DERM is to be amended as shown on the Annotated Plan. The area within the amended Covenant Area boundary which currently does not contain vegetation is to be re-vegetated with appropriate native species, with the requirement for re-vegetation of these areas to be incorporated into the proposed Covenant documentation.

Concurrence Agency Conditions:

Refer to the attached Conditions issued by DTMR and DERM.

Assessment Managers Advice:

a) Required Approvals: A Development Permit for Reconfiguration of Lot and Operational Works will be required, with a permit for these works issued prior to any works commencing.

b) Aboriginal Cultural Heritage: The Applicant/Owner is to ensure compliance with the requirements of the Aboriginal Cultural Heritage Act and in particular ‘the duty of care’ that it imposes on all landowners, developers and the like.

Moved Cr R Sorbello

Seconded Cr B Horsford Resolution Number 1289

"That Council notes the written request received from the Applicant for an extension of the decision-making period by six months and agrees to deferral of consideration of the application at this time."


ABSENT. DID NOT VOTE - Cr Carmel Silvestro

CARRIED

12.10pm Cr B Horsford excused himself from the remainder of the meeting to attend to a prior family engagement. 12.15pm Ms N Moore, Ms S Camilleri and Ms L Taylor left the meeting.

19


6. COMMUNITY

6.1 CYCLONE YASI RECOVERY PLAN ENDORSEMENT

Executive Summary:

State Emergency Management arrangements require that Council has a plan for the recovery from a disaster event.

The Plan proposes the organisational arrangements to control and coordinate the recovery from the impact of Cyclone Yasi on the communities served by Cassowary Coast Regional Council.

The move by Council to the Recovery phase to Cyclone Yasi suggests that it is an appropriate time to review the operation of the Local Disaster Management Group (LDMG).

Agencies contributing to recovery are now members of the various Recovery Sub-groups and for these agencies to attend the LDMG is a duplication of effort and information flow.

The State Government guidelines suggest that the LDMG may be activated in a full or executive mode.

Recommendation:

"That:

1. Council adopt the Recovery Plan as the Disaster Recovery Plan for the Cassowary Coast Regional Council (CCRC) for the Cyclone Yasi event.

2. Council appoint the Director of Community Services to implement the Recovery Plan

and to coordinate activities required to achieve the objectives identified during implementation of the Plan.

3. Council resolve that the implementation of the Plan will commence effective 0900hrs,

11 February 2011 until further notice, recognising there will be a short transition window when both Response and Recovery plans will operate simultaneously.

4. the Mayor advise the members of the LDMG that it will move to executive mode effective 25 February and arrange for Council officers to produce letters of thanks to the individuals and organisations who have been involved in the full LDMG."

Moved Cr J Downs Seconded Cr R Sorbello Resolution Number 1290

"That the Recommendation be adopted subject to an amendment at Dot Point 4 as follows: 4. the Mayor advise the members of the LDMG that it will move to (DELETE)

executive and (INSERT) stand-down mode effective (DELETE) 25 and INSERT 28 February and (INSERT) or soon thereafter and arrange for Council officers to produce letters of thanks to the individuals and organisations who have been involved in the full LDMG."

FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr Carmel Silvestro, Cr Bill Horsford

CARRIED

20


12.50pm - 1.25pm The meeting adjourned for lunch. It was noted when the meeting reconvened that Ms N Moore and Ms S Camilleri had re-entered the meeting and Messrs D Trotter, P Cochrane and G Wilson were no longer in attendance.

7. PLANNING & ENVIRONMENT (CONT'D…)

7.1 DA 100/10J - LOT 1 ON RP700497 - MATERIAL CHANGE OF USE FOR A SHOWROOM AND DISPLAY FACILITY (CAR SALES)

Executive Summary: Council is in receipt of an application for a Material Change of Use for a Showroom and Display Facility for the purpose of Car Sales. The application was prepared by Dennis Lester Fell on behalf of Carlo and Anna Pizzolato for the establishment of a Showroom and Display Facility within the Innisfail Zone Precinct on land described within the Business Frame Precinct, situated at 121 Palmerston Drive, Goondi Bend. The application was Impact Assessable and therefore public notification was required. One properly made submission was received by Council. The application triggered referral to the Department of Transport and Main Roads as a concurrence agency as it is situated within land related to a State-controlled road. The subject site is located within the Urban Footprint as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031, and the application is in keeping with the intent and policies of the regional plan. The application is generally consistent with the provisions of the Johnstone Shire Council Planning Scheme 2005 and therefore the application for a Material Change of Use for a Showroom and Display Facility (Car Sales) is recommended for approval subject to reasonable and relevant conditions.

Recommendation: “That a Development Permit be issued for a Material Change of Use for a Showroom and Display Facility (Car Sales) on land described as Lot 1 on RP700497, situated at 121 Palmerston Drive, Goondi Hill, subject to the following conditions: 1. Proposal: The proposed documents and plans of the development application

prepared by Higham and Dodds, set out in the following table and submitted to Council, are approved, subject to:

Plan/ Document Number Plan/ Document Name Dated Planning Report Higham and Dodds Received –

26/10/2010 Site details and contour plan

Plan No. PI10-046-001-CO1 Supplied by Higham and Dodds

11/10/2010

General arrangement and layout plan

Plan No. PI10-046-001-CO2 Supplied by Higham and Dodds

11/10/2010

Site access Plan No. PI10-046-001-CO3 Supplied by Higham and Dodds

11/10/2010

21


7.1 DA 100/10J - LOT 1 ON RP700497 - MATERIAL CHANGE OF USE FOR A

SHOWROOM AND DISPLAY FACILITY (CAR SALES) (CONT'D…)

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

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

(c) Any alterations found necessary by the Chief Executive Officer or his delegate at the time of examination of the Site and Landscape Plans or during construction of the development because of a particular requirement;

except where modified by these conditions of approval.

2. Timing of Effect: The conditions of the Development permit must be complied with

prior to the commencement of use, except where specified otherwise in these conditions of approval.

3. Notice of Compliance: The applicant/owner must return to Council the attached

Notification of Intention to Commence Use after development conditions have been satisfied and prior to the commencement of use. Council officers will then conduct a site visit to ensure all conditions of the approval have been met.

4. Amended Plans: An amended set of plans incorporating any of the changes required

by these conditions shall be provided to Council to be endorsed by the Director of Planning and Environmental Services, prior to an application being made for Building Work.

5. Lot Access: Access to the proposed development must be located in the position

shown on the approved site acces plan, constructed in accordance with the FNQROC Development Manual, the approved plan, and Council’s standard engineering specifications to the satisfaction of the Director Planning & Environmental Services and at no cost to Council. Future maintenance of the access is the responsibility of the landowner.

6. Stormwater Discharge: The applicant/owner must ensure that the flow of all

stormwater from the property is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the site, all to the requirements and satisfaction of the Director Planning & Environmental Services.

7. Off-Street Car Parking: The applicant/owner is to comply with the following

requirements. Where the requirements differ from the proposal, an amended Site Plan must be submitted to Council for approval by the Director Planning & Environmental Services.

a. Car Parking Numbers Provision must be made for off-street parking as shown on layout plan, Plan No. PI10-046-001-CO2 providing four (4) car parking spaces. b. Car Parking Design Design and construction of the car parking areas including access to them must be bitumen sealed or concreted and must comply with the Vehicle Access, Parking and Loading Code 6.4.6 of the Johnstone Shire Planning Scheme 2005 and/or the Australian Standard AS 2890. c. Car Parking Grades

22




All internal grades of accesses and car parking areas are to per the Australian Standard 2890, in particular AS 2890.1 s. 2.4.6. d. Drainage Drainage of the paved areas is to be such that the flows are collected, directed, and discharged via underground drainage to the kerbing at the frontage of the development site. No flows from the site are to be allowed to sheet flow across the footpath/verge area of the development frontage.

8. Landscaping and Screening: The applicant/owner must complete all landscaping

works in accordance with the approved Layout Plan, Plan No. PI10-406-001-CO2, prior to the issue of the Certificate of Classification or Certificate of Final Inspection. Furthermore, all landscaped areas must be contained within the property boundary and maintained thereafter to the requirements and satisfaction of the Director of Planning & Environmental Services.

9. Fencing: The applicant/owner must provide a fence (minimum height of 1.8 metre

tapering to a minimum of one (1) metre from the front building alignment (property situated on Lot 1 RP710582) to the front boundary with a maximum gap of 10mm along the northern property boundary, to the requirements and satisfaction of the Director, Planning and Environmental Services, prior to the issue of the Certificate of Classification or Certificate of Final Inspection.

10. Waste Bins: The waste bin area must be screened from view of adjoining properties

and roads. 11. Construction & Operations: The construction and operations work associated with

this development shall be carried out in accordance with sound engineering practice. In particular, no nuisance is to be caused to adjoining residents by way of smoke, dust, stormwater, discharge or siltation of drains, at any time, including no-working hours. Where material is to be carted to or from the site, loads are to be covered to prevent dust or spillage. Where material is spilled or carried onto existing roads, it is to be removed forthwith so as to restrict dust nuisance and ensure traffic safety. Safety precautions are to be maintained where work is taking place on existing roads, in accordance with Queensland Transport’s Manual of Uniform Traffic Control Devices (MUTCD). Any damage attributable to the progress of the works or vehicles travelling to or from the site shall be remedied by the developer prior to ‘Acceptance of Works’.

12. Erosion and Sediment Control – Construction: Effective erosion and sediment

controls must be maintained at all times during the construction. Concurrence Agency Conditions: - Department of Transport and Main Roads

Conditions of Development

Reasons

Condition Basis

Layout 1. Unless otherwise approved in writing by TMR the development site layout must generally comply with Higham & Dodds plan numbered Pl10-046-001-C02 "General Arrangement Layout Plan", dated 11/10/10.

To ensure the development proceeds in accordance with the proposal

23


7.1 DA 100/10J - LOT 1 ON RP700497 - MATERIAL CHANGE OF USE FOR A SHOWROOM AND DISPLAY FACILITY (CAR SALES) (CONT'D…)

Conditions of Development

Reasons

Condition Basis

Permitted Road Access Location 2. Vehicular access between the state-controlled road (Bruce Highway) and the Subject Land shall be via the service road linking Clifford Road and the service station on Lot 14 on SP193019 only, to the satisfaction of Cassowary Coast regional Council.

TMR must ensure that access between to the Subject Land does not adversely impact the safe and efficient operation of the state-controlled road

s. 62 Transport Infrastructure Act 1994 (Qld)

3. No direct vehicular access between the state-controlled road (Bruce Highway) and the Subject Land is permitted.

Visual Amenity Treatments 4. The applicant/landowner shall provide a 2m wide landscaped strip along the Subject Land's frontage to the service road, except for the access driveways, to screen the onsite vehicular circulation from the Bruce Highway. The landscaping shall be designed and planted such that when the landscaping matures, it provides a minimum 1m high screening and complementary screen trees approximately 6m tall at 7m spacings. The species of plants used in the landscaping works shall be in accordance with Council's standards. If Council does not have standards, then the only requirements are that the species are native, low maintenance species that are effective at providing the necessary screening specified above and do not create a safety risk (that is, no thorns, poisonous fruits or berries or large nuts). All landscaping works shall be completed prior to the commencement of the approved use to the written approval of TMR.

To screen onsite vehicular circulation.

Main Roads Road Landscape Manual

Advertising 5. No advertising device for the proposed development is permitted within the state-controlled road reserve (Bruce Highway).

Advertising devices may obscure signage and distract motorists.

s. 50 Transport Infrastructure Act 1994 (Qld)

24




Conditions of Development Reasons Condition Basis

Parking 6. No parking associated with the development is permitted within the state-controlled road reserve (Bruce Highway).

Lack of on-site parking can cause vehicle queuing and conflict at an access to the state-controlled road.

Assessment Managers Advice: a) Relevant Period: The relevant period for the Development Approval (Material Change of

Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 3.5.21(1) of IPA, the development approval for Material Change of Use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for material change of use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 3.5.21(7) of IPA for the meaning of related approval). An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 3.5.22 of IPA and before the development approval lapses under Section 3.5.21 of IPA.

b) Council Indemnity: The Council is indemnified against any claims arising from works carried out by the Applicant/Owner on Council property.

c) Other Approvals: An application for Building, Plumbing & Drainage Works and

Operational Works will be required. d) Compliance with Laws: This approval does not negate the requirement for compliance

with all other relevant local laws and other statutory requirements. e) Environmental Harm and Nuisance: The Environmental Protection Act 1994 states that a

person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this development, are to adhere to their "general environmental duty" to minimise the risk of causing environmental harm. Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the Council to cause undue disturbance or annoyance to persons or affect property not connected with the use.

25


7.1 DA 100/10J - LOT 1 ON RP700497 - MATERIAL CHANGE OF USE FOR A SHOWROOM AND DISPLAY FACILITY (CAR SALES) (CONT'D…) Moved Cr M Nolan Seconded Cr I Rule Resolution Number 1291



CARRIED

7.2 DA 098/10J - 44NR398 - MATERIAL CHANGE OF USE FOR A TELECOMMUNICATIONS FACILITY (OPTUS SERVICE)

Executive Summary: Council is in receipt of an application for a Material Change of Use for a Telecommunication Facility. The application was prepared by Aurecon Australia Pty Ltd on behalf of Optus Mobile Pty Ltd for the establishment of a telecommunication facility on land described as Lot 44 on NR398, situated at Silkwood Japoon Road, Japoonvale. The application was Impact Assessable and therefore public notification was required. No properly made submissions were received by Council. The application triggered referral to the Department of Transport & Main Roads as a Concurrence Agency as the proposed development site is within 100 metres of a State Controlled Road and the Department of Environment & Resource Management as an Advice agency as the proposed development was within 100 metres of a Protected Area. The subject site is located within the Regional Landscape and Rural Production Area as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031, therefore is consistent with the intent and polices of the Plan. Three (3) State Planning Policies were applicable to this development application. The application is generally consistent with the provisions of the Johnstone Shire Council Planning Scheme 2005 and therefore the application for a Material Change of Use for a Telecommunication Facility is recommended for approval subject to reasonable and relevant conditions.

Recommendation: “That a Development Permit be issued for a Material Change of Use for a Telecommunication Facility on land described as Lot 44 on NR398, situated at Silkwood Japoon Road, Japoonvale, subject to the following conditions:

26


7.2 DA 098/10J - 44NR398 - MATERIAL CHANGE OF USE FOR A

TELECOMMUNICATIONS FACILITY (OPTUS SERVICE) (CONT'D…) 1. Proposal: The proposed documents and plans for the development set out in the

following table and received by Council on 25 October 2010, are approved:

Plan/ Document Number Plan/ Document Name Date Aurecon Australia Pty Ltd

Planning Assessment Report – Ref:204435/B8972

19 October 2010, Rev 0

Project No.204435, Drawing No. B8972F-P1, Revision 03 Aurecon Australia Pty Ltd

Draft Site Layout Plan 22 March 2010, Approved – 29/09/2010

Project No.204435, Drawing No. B8972F-P2, Revision 03 Aurecon Australia Pty Ltd

Draft Site Elevation Plan 22 March 2010, Approved – 29/09/2010

The development may proceed subject to:

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

submitted to Council; b. Ensuring that the development complies in all respects with the following

conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual; and

c. Any reasonable alterations found necessary by the Chief Executive Officer or his delegate at the time of examination of the Engineering Plans or during construction of the development because of a particular and stated requirement of the Planning Scheme or Policies stated therein;

except where modified by these conditions of approval.

2. Timing of Effect: The conditions of the Development Permit must be complied with

prior to commencement of use, except where specified otherwise in these conditions of approval.


by these conditions shall be provided to Council to be endorsed by the Director Planning & Environmental Services, prior to an application being made for Building Work. A copy of the endorsed plans must also be provided to the person from whom building approval is sought.

4. Telecommunication Facility Code: The Telecommunication Tower shall be

constructed and maintained in accordance with the Specific Outcomes/ Probable Solutions of the Telecommunication Facility Code (Section 6.1.14) of the Johnstone Shire Council Planning Scheme 2005.

5. Commencement of Use: The applicant/owner must return to Council the attached

Notification of Intention to Commence Use after acceptance of and compliance with these or negotiated conditions (or court determined conditions) and prior to the commencement of the use. Council officers will subsequently carry out an on site inspection to confirm the conditions of approval have been met.

5. Copy of Approval to Consultants: The applicant/owner is to provide a copy of this

Decision Notice including the development approval conditions, approved plans & documents to all consultants, private certifiers and contractors involved in the construction phase of this development.

27



TELECOMMUNICATIONS FACILITY (OPTUS SERVICE) (CONT'D…) Concurrence Agency Conditions – Department of Transport & Main Roads:

28



TELECOMMUNICATIONS FACILITY (OPTUS SERVICE) (CONT'D…) Assessment Managers Advice: a. Relevant Period: The relevant period for the development approval (Material Change of

Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341 of SPA, the development approval for Material Change of Use lapses if the building work under the approval is not complete within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).

An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.

b. Council Indemnity: The Council is indemnified against any claims arising from works

carried out by the Applicant/Owner on Council property. c. Other Approvals Required: An application for Building Approval is required, with a permit

to be issued, works carried out and a final certificate or certificate of classification issued, prior to the commencement of use.

d. Aboriginal Cultural Heritage: The Applicant/Owner is to ensure compliance with the

requirements of the Aboriginal Cultural Heritage Act 2003 and in particular ‘the duty of care’ that it imposes all landowners, developers and the like.

e. Compliance with Laws: This approval does not negate the requirement for compliance

with all other relevant local laws and other statutory requirements. f. Hours of Construction: All construction work and other site works must be between:

6.00am – 6.00pm Monday to Friday; 7.00 – 6.00pm Saturday. No construction work or other site works are to occur on Sundays or Public Holidays.

g. Environmental Harm: The Environmental Protection Act 1994 states that a person must

not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this development, are to adhere to their "general environmental duty" to minimise the risk of causing environmental harm.

Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the Council to cause undue disturbance or annoyance to persons or affect property not connected with the use.

29



TELECOMMUNICATIONS FACILITY (OPTUS SERVICE) (CONT'D…) Moved Cr I Rule Seconded Cr R Sorbello Resolution Number 1292



CARRIED

7.3 DA 113/10J - 11RP738701 - MATERIAL CHANGE OF USE FOR A TELECOMMUNICATIONS FACILITY (OPTUS SERVICE)

Executive Summary:

Council is in receipt of an application for a Material Change of Use for a Telecommunication Facility. The application was prepared by Aurecon Australia Pty Ltd on behalf of Optus Mobile Pty Ltd for the establishment of a telecommunication facility on land described as Lot 11 on RP738701, situated at Cowley Beach Road, Lower Cowley. The application was Impact Assessable and therefore public notification was required. One (1) property made submission was received by Council. The application did not require referral to any State Government agency for this proposed development. The subject site is located within the Regional Landscape and Rural Production Area as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031, therefore is consistent with the intent and policies of the Plan. Three (30 State Planning Policies were applicable to this development application. The application is generally consistent with the provisions of the Johnstone Shire Council Planning Scheme 2005 and therefore the application for a Material Change of Use for a Telecommunication Facility is recommended for approval subject to reasonable and relevant conditions. Recommendation: “That a Development Permit be issued for a Material Change of Use for a Telecommunication Facility on land described as Lot 11 on RP738701, situated at Cowley Beach Road, Lower Cowley, subject to the following conditions: 1. Proposal: The proposed documents and plans for the development set out in the

following table and received by Council on 30 November 2010, are approved:

Plan/ Document Number Plan/ Document Name Date Aurecon Australia Pty Ltd

Planning Assessment Report, Report Ref: 204435/B0630

24 November 2010, Rev 0

30


7.3 DA 113/10J - 11RP738701 - MATERIAL CHANGE OF USE FOR A

TELECOMMUNICATIONS FACILITY (OPTUS SERVICE) (CONT'D…)

Plan/Document Number Plan/Document Name Date Project No.204435, Drawing No. B0630B-P1, Revision 02 Aurecon Australia Pty Ltd

Draft Site Layout Plan 30 July 2010, Approved – 05/10/10

Project No.204435, Drawing No. B0630B-P2, Revision 02 Aurecon Australia Pty Ltd

Draft Site Elevation Plan 30 July 2010, Approved – 05/10/10

The development may proceed subject to:

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

submitted to Council; b. Ensuring that the development complies in all respects with the following

conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual; and

c. Any reasonable alterations found necessary by the Chief Executive Officer or his delegate at the time of examination of the Engineering Plans or during construction of the development because of a particular and stated requirement of the Planning Scheme or Policies stated therein;

except where modified by these conditions of approval. 2. Timing of Effect: The conditions of the Development Permit must be complied with



by these conditions shall be provided to Council to be endorsed by the Director Planning & Environmental Services, prior to an application being made for Building Work. A copy of the endorsed plans must also be provided to the person from whom building approval is sought.

4. Telecommunication Facility Code: The Telecommunication Tower shall be

constructed and maintained in accordance with the Specific Outcomes/ Probable Solutions of the Telecommunication Facility Code (Section 6.1.14) of the Johnstone Shire Council Planning Scheme 2005.

5. Commencement of Use: The applicant/owner must return to Council the attached

Notification of Intention to Commence Use after acceptance of and compliance with these or negotiated conditions (or court determined conditions) and prior to the commencement of the use. Council officers will subsequently carry out an on site inspection to confirm the conditions of approval have been met.

6. Copy of Approval to Consultants: The applicant/owner is to provide a copy of this

Decision Notice including the development approval conditions, approved plans & documents to all consultants, private certifiers and contractors involved in the construction phase of this development.

31



TELECOMMUNICATIONS FACILITY (OPTUS SERVICE) (CONT'D…) Assessment Managers Advice: a. Relevant Period: The relevant period for the development approval (Material Change of



b. Council Indemnity: The Council is indemnified against any claims arising from works carried out by the Applicant/Owner on Council property. c. Other Approvals Required: An application for Building Approval is required, with a permit

to be issued, works carried out and a final certificate or certificate of classification issued, prior to the commencement of use.

d. Aboriginal Cultural Heritage: The Applicant/Owner is to ensure compliance with the

requirements of the Aboriginal Cultural Heritage Act 2003 and in particular ‘the duty of care’ that it imposes all landowners, developers and the like.

e. Compliance with Laws: This approval does not negate the requirement for compliance with all other relevant local laws and other statutory requirements. f. Hours of Construction: All construction work and other site works must be between:

6.00am – 6.00pm Monday to Friday; 7.00 – 6.00pm Saturday. No construction work or other site works are to occur on Sundays or Public Holidays.

g. Environmental Harm: The Environmental Protection Act 1994 states that a person must


Environmental harm is defined by the Act as any adverse affect, or potential adverse affect

whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the Council to cause undue disturbance or annoyance to persons or affect property not connected with the use.

32



TELECOMMUNICATIONS FACILITY (OPTUS SERVICE) (CONT'D…) Moved Cr J Downs Seconded Cr M Nolan Resolution Number 1293



CARRIED

7.6 DA104/10J - LOT 2 ON RP730701 & LOT 2 ON RP726893 - MATERIAL CHANGE OF USE FOR BUDGET ACCOMMODATION (INTENSIFICATION OF EXISTING USE - 70 BEDS TO 102 BEDS)

Executive Summary: Council is in receipt of an application for a Material Change of Use for Budget Accommodation (Intensification of Existing Use - 70 beds to 102 beds). The application was prepared by Nicholas Pervan for the establishment of Budget Accommodation (Intensification of Existing Use - 70 beds to 102 beds) within the Innisfail Residential Medium Density Precinct on land described as Lot 2 on RP730701 and Lot 2 on RP726893, situated at 63 & 65-67 Rankin Street, Innisfail. The application was Impact Assessable and therefore public notification was required. Two (2) properly made submissions were received by Council. The application did not trigger any Referral Agencies. The subject site is located within the Urban Footprint as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031, and therefore the proposed development is in accordance with the intent and policies of the FNQRP. The application is generally consistent with the provisions of the Johnstone Shire Council Planning Scheme 2005 and therefore the application for Material Change of Use for Budget Accommodation (Intensification of Existing Use - 70 beds to 102 beds) is recommended for approval subject to reasonable and relevant conditions.

Recommendation: “That a Development Permit be issued for a Material Change of Use for Budget Accommodation (Intensification of Existing Use - 70 beds to 102 beds) on land described as Lot 2 on RP730701 and Lot 2 on RP726893, situated at 63 & 65-67 Rankin Street, Innisfail, subject to the following conditions: 1. Proposal: That the development be undertaken generally in accordance with the

application and documentation as well as the plans in the table below, accepted by Council on the 16 November 2010, all relating to Development Application No. 104/10J, excepting where varied by the following conditions.

33


7.6 DA104/10J - LOT 2 ON RP730701 & LOT 2 ON RP726893 - MATERIAL CHANGE OF

USE FOR BUDGET ACCOMMODATION (INTENSIFICATION OF EXISTING USE - 70 BEDS TO 102 BEDS) (CONT'D…)

Plan Number Plan Name Date

DWG No 2004 Site Plan 22 November 2004 Codge Lodge Increase - Upstairs and Downstairs Undated Codge Lodge Lower Flat Undated Codge Lodge 65 Rankin Street Undated Codge Lodge 67 Rankin Street - Downstairs Level Undated Codge Lodge 67 Rankin Street Undated 2. Timing of Effect: The conditions of the Development Permit must be complied with prior

to the commencement of use, except where specified otherwise in these conditions of approval.

3. Amended Plans: An amended set of plans incorporating any of the changes required by

these conditions shall be provided to Council to be endorsed by the Director, Planning & Environmental Services, prior to the application being made for building work. A copy of the endorsed plans must be provided to the person from whom building approval is sought.

4. Bed numbers: The applicant/owner is to ensure that bed numbers for the Budget

Accommodation remains at one hundred and two (102) beds plus one (1) caretaker at all times.

5. Off-street Carparking: The existing off-street car parking area is to be line-marked in

accordance with AS2890 for twelve (12) car parking spaces. The off-street car parking area is to be maintained to a bitumen sealed or concrete standard and exclusively used for car parking; car parking bay should not be utilised for clothes lines, garbage bin storage or other such facilities. In addition, a sign indicating off-street car parking/customer car parking is to be erected on the property boundary, preferably on the existing fence/wall.

6. Public Garden and Recreation Space Contribution: In accordance with Council Planning

Scheme Policy 6 - Trunk Infrastructure Contributions and External Works, a Public Recreation Infrastructure Contribution is payable in respect of the development. The contribution must be paid prior to the commencement of the use, and must be calculated at the contribution rate applicable at the time of payment.

The applicable contribution rate is the Innisfail Parks Infrastructure Charge. The Service Demand Increase (SDI) is calculated at 0.1 ET per person (32 persons). The current Public Recreation Infrastructure Contribution Rate is $2,710/ET.

7. Sewerage Infrastructure Contributions: In accordance with Council's Planning Scheme

Policy 6 - Trunk Infrastructure Contribution and External Works, a Sewerage Contribution is payable by the Applicant/Owner to Council is respect of this development. The contribution must be paid prior to the commencement of use, and must be calculated at the contribution rate applicable at the time of payment.

The applicable contribution rate is the Innisfail Sewerage Scheme Infrastructure Charge. The Service Demand Increase (SDI) is calculated at 0.1 ET per person (32 persons). The current Sewerage Contribution Rate is $5,880/ET.

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8. Water Supply Infrastructure Contributions: In accordance with Council's Planning

Scheme Policy 6 - Trunk Infrastructure Contributions and External Works, a Water Supply Contribution is payable by the Applicant/Owner to Council is respect of this development. The contribution must be paid prior to commencement of use, and must be calculated at the contribution rate applicable at the time of payment.

The applicable contribution rate is the Innisfail Water Supply Scheme Infrastructure Charge. The Service Demand Increase (SDI) is calculated at 0.1 ET per person (32 persons). The current Water Supply Contribution Rate is $6,055/ET.

9. Bike Lane & Shared Path Facilities Infrastructure: In accordance with Council's

Planning Scheme Policy 6 - Trunk Infrastructure Contributions and External Works, a Bike Land & Shared Path Facilities Contribution is payable in respect of this development. The contribution must be paid prior to the commencement of use, and must be calculated at the contribution rate applicable at the time of payment.

The applicable contribution rate is the Bikelane Infrastructure Charge. The Service Demand Increase (SDI) is calculated at 0.1 ET per person (32 persons). The current Bike Lane & Shared Path Facilities Infrastructure Contribution Rate is $510/ET.

11.Waste Bins & Storage Areas: The waste bin and storage areas must be screened from

view of adjoining properties and road frontages, to the satisfaction of the Director, Planning & Environmental Services.

12. Public Utilities - Alterations: Any relocation or alteration to any Public Utilities

(including water and sewerage reticulation) in association with works pertaining to this development must be undertaken as required by the relevant service provided and at no cost to Council.

14. Environmental Nuisance: The applicant/owner is to ensure that noise from either air

conditioning units, service equipment, swimming pool filters or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Director, Planning & Environmental Services, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

15. Night Lighting: The applicant/owner is to ensure that all night lighting is designed and

constructed to the satisfaction of the Director, Planning & Environmental Services so as to ensure that light emitted from the subject site does not, in the opinion of the Director, Planning & Environmental Services, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

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Assessment Managers Advice: a) Relevant Period: The relevant period for the development approval (Material Change of



b) Notice of Intention to Commence Use: The applicant/owner must return to Council the

attached Notice of Intention to Commence Use after acceptance of and compliance with these or negotiated conditions (or court determined conditions) and prior to the commencement of the use. This will allow a check for compliance with conditions to be carried out by Council officers.

c) Required Approvals: A Development approval for Building and Plumbing/Drainage works

will be required, with a permit for these works issued prior to any works commencing; d) Cultural Heritage: The applicant/owner is to ensure compliance with the requirements of

the Aboriginal Cultural Heritage Act and in particular ‘the duty of care’ that it imposes all landowners, developers and the alike.

e) Engineering Works: The applicant/owner is to ensure that the engineering works involved

in the proposed development are designed and constructed in accordance with the FNQROC Development Manual, 2005.

f) Environmental Nuisance: The Environmental Protection Act 1994 states that a person

must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this development, are to adhere to their "general environmental duty" to minimise the risk of causing environmental harm.


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Moved Cr B Shannon Seconded Cr J Downs Resolution Number 1294


FOR VOTE - Cr Bill Shannon, Cr Ross Sorbello, Cr Jennifer Downs AGAINST VOTE - Cr Mark Nolan, Cr Ian Rule ABSENT. DID NOT VOTE - Cr Carmel Silvestro, Cr Bill Horsford

CARRIED

7.8 DA 036/10C - 8SP174173 - MATERIAL CHANGE OF USE FOR ANIMAL HUSBANDRY (HORSE STABLE)

Executive Summary:

Council is in receipt of an application for a Material Change of Use for Animal Husbandry (Horse Stable). The application was prepared by MiCorp Planning on behalf of Bill Bradnam and Elise Warring for the establishment of Animal Husbandry within the Mission Beach Conservation Precinct on land described as Lot 8 on SP174173, situated at 73 Explorers Drive, South Mission Beach. The application was Impact Assessable and therefore public notification was required. No properly made submissions were received by Council. The application triggered referral to the Department of Environment and Resource Management as an Advice Agency. The subject site is located within the Regional Landscape and Rural Production Area as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031 and therefore the proposed development is in accordance with the intent and policies of the FNQRP. The application is generally consistent with the provisions of the Cardwell Shire Council Planning Scheme 2007 and therefore the proposed application for a Material Change of Use for Animal Husbandry (Horse Stable) is recommended for approval subject to reasonable and relevant conditions. Recommendation:

“That a Development Permit be issued for a Material Change of Use for Animal Husbandry (Horse Stable) on land described as Lot 8 on SP174173, situated at 73 Explorers Drive, South Mission Beach, Parish of Rockingham, subject to the following conditions”: 1. Proposal: That the development be undertaken generally in accordance with the

application and documentation as well as the plan in the table below, accepted by Council on 21 October 2010, all relating to Development Application No. 036/10C, excepting where varied by the following conditions.

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7.8 DA 036/10C - 8SP174173 - MATERIAL CHANGE OF USE FOR ANIMAL HUSBANDRY

(HORSE STABLE) (CONT'D…)

2. Timing of Effect: The conditions of the development permit must be complied with


3. Amended Plans: An amended set of plans incorporating any of the changes

required by these conditions shall be provided to Council to be endorsed by the Director, Planning & Environmental Services, prior to an application being made for building work. A copy of the endorsed plans must also be provided to the person from whom building approval is sought.

4. Building Material: The exterior cladding of the building (Class 10a) is to be

constructed of dark coloured material sympathetic to the surrounding environment, roof surfaces are to be non-reflective and finished in a low contrast colour and visible surfaces as well as any flashing, guttering and downpipes are to be non-reflective, to the requirements and satisfaction of the Director, Planning & Environmental Services.

5. Horse Numbers: The applicant/owner must ensure that no more than two (2)

horses are kept at the property at all times. 5. Detention Basin: The applicant/owner is to construct a detention basin adjacent to

the stables, as per Drawing No: WD00 dated July 2010, to the following requirements:

Water/waste leaving the stable area is to be directed into the detention basin; and The basin is to be at least four (4) metres in diameter; and No more than 500mm deep at the centre point; and Two (2) rows of Mat Rush (Lomandra longifolia) are to be planted at the margins

of the detention basin with a maximum spacing of 1.5 metres. 6. Erosion & Sediment Control: Effective erosion and sediment control must be

maintained at all times during and after construction work until there is adequate vegetation cover, paved or other controls to prevent any silt run-off from the site to the requirements and satisfaction of the Director, Planning & Environmental Services.

7. Public Utilities – Alterations: Any relocation or alteration to any public utilities in

association with works pertaining to this development must be undertaken as required by the relevant service provider and at no cost to Council.

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(HORSE STABLE) (CONT'D…) 8. Stormwater Drainage: The applicant/owner must ensure that the flow of all external

stormwater from the property is directed to Council’s existing stormwater drainage system, such that stormwater does not adversely affect surrounding properties. A plan of these works are to be endorsed by Council prior to the lodgement of a development application for building work, to the requirements and satisfaction of the Director, Planning & Environmental Services.

9. Environmental Nuisance: The applicant/owner is to ensure that noise from either

air conditioning units, service equipment, swimming pool filters or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Director, Planning & Environmental Services, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and the Environmental Protection (Noise) Policy 2008.

10. Night Lighting: The applicant/owner is to ensure that all night lighting is designed

and constructed to the satisfaction of the Director, Planning & Environmental Services so as to ensure that light emitted from the subject site does not, in the opinion of the Director, Planning & Environmental Services, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994.

Assessment Manager's Advice: a) Relevant Period: The relevant period for the development approval (Material Change of

Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act 2009 (SPA), the development approval for material change of use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for material change of use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).


b) Notice of Intention to Commence Use: The applicant/owner must return to Council the attached Notice of Intention to Commence Use after acceptance of and compliance with these or negotiated conditions (or court determined conditions) and prior to the commencement of the use. This will allow a check for compliance with conditions to be carried out by Council officers.

c) Required Approvals: A Development approval for Building and Plumbing/Drainage works

will be required, with a permit for these works issued prior to any works commencing; d) Cultural Heritage: The applicant/owner is to ensure compliance with the requirements of

the Aboriginal Cultural Heritage Act and in particular ‘the duty of care’ that it imposes all landowners, developers and the alike.

e) Engineering Works: The applicant/owner is to ensure that the engineering works involved

in the proposed development are designed and constructed in accordance with the FNQROC Development Manual, 2005.

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(HORSE STABLE) (CONT'D…) f) Environmental Nuisance: The Environmental Protection Act 1994 states that a person must






CARRIED

7.9 DA035/08 - LOT 5 ON RP738685 - REQUEST TO CHANGE AN EXISTING APPROVAL FOR RECONFIGURING A LOT (ONE (1) LOT INTO TWENTY (20) LOTS)

Executive Summary:

Council is in receipt of an application for a Request to Change an Existing Approval for Reconfiguring a Lot (One (1) Lot into Twenty (20) Lots. The application was prepared by Higham & Dodds on behalf of Carmelo and Jennifer Giuffrida. The land is located within the Tully Heads Residential Precinct on land described as Lot 5 on RP738685, situated at Tully Heads Road, Tully Heads. The original application was Code Assessable and therefore public notification was not required. The application did not trigger any Referral Agencies. The subject site is located within the Urban Footprint as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031 and therefore the proposed development is in accordance with the intent and policies of the FNQRP. Council is requested to consider the matter and resolve to accept either Recommendation A or B.

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7.9 DA035/08 - LOT 5 ON RP738685 - REQUEST TO CHANGE AN EXISTING APPROVAL

FOR RECONFIGURING A LOT (ONE (1) LOT INTO TWENTY (20) LOTS) (CONT'D…) Recommendation: A. That Council refuse the Application for Request to Change an Existing Approval as it is

considered that a minimum mound height of 1.5 metres with appropriate landscaping is required to minimise any impacts from existing business premises including vehicle headlights and noise on future residents of this residential development.

Or B. That a Development Permit approving the Request to Change an Existing Approval be

issued for the Reconfiguring of a Lot (One (1) Lot into Twenty (20) Lots) on land located at Tully Heads Road, Tully Heads and described as Lot 5 on RP738685, with changes to the following condition:-

Note: For the purpose of ease of understanding by Council, the changes are indicated by

“Strikeout” (denoting deletion) and “Underline” (denoting insertion). 2. The applicant/owner is to build a raised, landscaped screening mound located

within the subject property along the Tully Heads Road frontage for the length of the entire boundary. The mound is to be 1.5 metres 0.75 metres high and three (3) metres wide and is to be planted with species specified in Schedule 5 of the Cardwell Shire Council Planning Scheme (July 2007) and are to be planted at a maximum one (1) metre 0.5 metre spacing.

A plan of the proposed screening mound showing the required dimensions and

distances and a list of plant species is to be submitted to Council for endorsement by the Director, Planning and Environmental Services prior to the construction of the mound.

The screening mound is to be constructed prior to the endorsement of the Plan of

Survey, to the requirements and satisfaction of the Director, Planning and Environmental Services; and

The applicant/owner is to register an environmental covenant over the landscaped

screening mound within Lots 4-12 (inclusive) as identified on Drawing No. 261107-C02. The covenant is to restrict vegetation clearing, restrict the erection of fencing and ensure maintenance of the vegetation and mound within the area subject to the covenant. The covenant is to be endorsed by the Director Planning and Environmental Services, prior to the signing of the Plan of Survey and registered with the Department of Natural Resources and Water Department of Environment and Resource Management.

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7.9 DA035/08 - LOT 5 ON RP738685 - REQUEST TO CHANGE AN EXISTING APPROVAL

FOR RECONFIGURING A LOT (ONE (1) LOT INTO TWENTY (20) LOTS) (CONT'D…) Moved Cr J Downs Seconded Cr I Rule Resolution Number 1296

"That Council refuse the Application for Request to Change an Existing Approval as it is considered that a minimum mound height of 1.5 metres with appropriate landscaping is required to minimise any impacts from existing business premises including vehicle headlights and noise on future residents of this residential development as per Dot Point A outlined in the Officer's report."


CARRIED

3.00pm Ms N Moore and S Camilleri left the meeting at which time Mr P Cochrane re-entered the meeting accompanied by Ms M Cox (Manager of Finance) and Ms C Aspinall (Financial Accountant).

8. CORPORATE

8.1 FINANCIAL STATEMENTS FOR THE PERIOD 1 JULY 2010 TO 31 JANUARY 2011

Executive Summary:

The Financial Statements for the period 1 July 2010 to 31 January 2011 are provided herewith. Recommendation:

“That the Financial Statements with Notes for the period 1 July 2010 to 31 January 2011, incorporating the following, be received:-

Operating Statement Balance Sheet Statement of Cash Flows Graphical Representation of Recurrent Revenue and Expenditure Notes to and Forming Part of the Financial Report Note 1 – Cash Assets and Other Receivables Note 2 – Trade and Other Receivables Note 3 – Borrowings Note 4 – Recurrent Revenue and Expenditure.”

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8.1 FINANCIAL STATEMENTS FOR THE PERIOD 1 JULY 2010 TO 31 JANUARY 2011 (CONT'D…)




CARRIED

8.2 BUDGET REVIEW FOR THE SIX MONTHS TO 31 DECEMBER 2010

Executive Summary:

A detailed budget review for the first half of the 2010/11 financial year has been carried out. At this stage all programs, operational and capital results remain within budgeted limits. Some items have been noted for amendment at the next review at the end of the third quarter at which time substantial changes may also be required to accommodate any rate concessions adopted or other income and expenditure effects of the TC Yasi recovery. Recommendation:

“That the report be received and that Council note the need for an amended budget to be presented following the March quarter review.” Moved Cr I Rule Seconded Cr J Downs Resolution Number 1298



CARRIED

8.3 GOVERNANCE GUIDELINES AND POLICY DOCUMENTS FOR COUNCILLORS AND COUNCIL OFFICERS

Executive Summary:

Public debate about integrity in public office in 2009 and changes in the new Local Government Act 2009 has generated wide ranging discussions. Several topics have been identified by LGAQ and King and Company which required policy guidelines be prepared to provide councils and councillors with operational procedures to assist them meet their obligations under the Local Government Act. These policy documents are complementary to the Act and Regulations.

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8.3 GOVERNANCE GUIDELINES AND POLICY DOCUMENTS FOR COUNCILLORS AND

COUNCIL OFFICERS (CONT'D…) Recommendation:

“That Council adopt the following Policies – 1. Councillor Code of Conduct - Policy Number 1.9 2. Councillors Contact with Lobbyists, Developers & Submitters – Policy Number 1.10 2 3. Councillors Interaction with Staff – Policy Number 2.12 4. Confidentiality – Policy Number 2.15” Moved Cr J Downs Seconded Cr B Shannon Resolution Number 1299


FOR VOTE - Cr Bill Shannon, Cr Ross Sorbello, Cr Jennifer Downs, Cr Mark Nolan AGAINST VOTE - Cr Ian Rule ABSENT. DID NOT VOTE - Cr Carmel Silvestro, Cr Bill Horsford

CARRIED

8.4 REVIEW OF DIVISIONS OF LOCAL GOVERNMENT AREA

Executive Summary:

A Queensland Parliamentary Law Justice and Safety Committee tabled its report on the review of the Local Government electoral system in State Parliament on 29 November 2010. However, the existing procedures and timeframes established for Local Governments, the Department of Infrastructure and Planning and the Electoral Commission Queensland for all reviews of electoral arrangements for the 2012 quadrennial elections have been preserved. Section 16 of the Act provides that all divided Local Governments must review their electoral quotas and give the Minister for Local Government and the Electoral Commissioner written notice of the results by 1 March 2011. Recommendation:

“That Council provide formal advice to the Minister for Local Government and Aboriginal and Torres Strait Islander Partnerships by 1 March 2011 as follows: 1. Council does not propose any electoral changes to its six Divisions or boundaries at

this time; and 2. A Review of electoral enrolment figures as at 31 January 2011 indicates that the

Cassowary Coast Local Government Area has a voting population of 18,269, with 6 Divisions and a Quota percentage change of between 3.54 and -3.48, falling well within the 10% variance specified in Section 15(2)(a) Local Government Act 2009;

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8.4 REVIEW OF DIVISIONS OF LOCAL GOVERNMENT AREA (CONT'D…) 3. Each division within the Local Government Area of the Cassowary Coast has a

reasonable proportion of electors as required by Section 15(1)(a) Local Government Act 2009.”



AMENDMENT TO THE MOTION Moved Cr B Shannon Seconded Cr M Nolan Resolution Number 1301

"That Cassowary Coast Regional Council not support divided elections for the March 2012 Local Government elections. In the event that the elections are divided, then: 1. Council does not propose any electoral changes to its six Divisions or boundaries

at this time; and 2. A Review of electoral enrolment figures as at 31 January 2011 indicates that the

Cassowary Coast Local Government Area has a voting population of 18,269, with 6 Divisions and a Quota percentage change of between 3.54 and -3.48, falling well within the 10% variance specified in Section 15(2)(a) Local Government Act 2009;

3. Each division within the Local Government Area of the Cassowary Coast has a reasonable proportion of electors as required by Section 15(1)(a) Local Government Act 2009.”

FOR VOTE - Cr Bill Shannon, Cr Mark Nolan, Cr Ian Rule AGAINST VOTE - Cr Ross Sorbello, Cr Jennifer Downs ABSENT. DID NOT VOTE - Cr Carmel Silvestro, Cr Bill Horsford

CARRIED

The Amendment became the substantive Motion and was CARRIED 3 Votes to 2 with Crs B Shannon, M Nolan and I Rule voting FOR the Motion and Crs R Sorbello and J Downs voting AGAINST the Motion. 3.40pm Messrs J W Pettigrew and D Horton left the meeting.

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9. NOTICE OF MOTION

9.1 NOTICE OF MOTION - OFFICIAL OPENING OF THE NEW JUBILEE BRIDGE - "BREAKFAST ON THE BRIDGE"

Recommendation:

“That Council agree to host a special function - "Breakfast on the Bridge" (with the support of interested community groups) - to celebrate the official opening of the new Jubilee Bridge following its completion.” Moved Cr M Nolan Seconded Cr I Rule Resolution Number 1302



CARRIED

10. GENERAL BUSINESS

10.1 CONVENING OF FUTURE LOCAL GOVERNMENT MEETING - WANGAN HALL

Cr M Nolan asked Council to consider convening a meeting at the Wangan Community Hall within the new few months given the meeting scheduled to be held there on the 10 February 2011 was cancelled due to emergent issues associated with the recovery efforts associated with Cyclone Yasi.

10.2 INNISFAIL HOTEL SITE

Cr Nolan advised following demolition of the Innisfail Hotel Council issued the owners with a notice to reinstate the footpath. The owners have asked Council whether it would consider letting them fill the site to make it into a carpark. The businesses in the immediate vicinity of the site support this proposal. Cr Nolan advised this matter has been referred to the Works Department for consideration.

10.3 LAWMAC - DEFERRMENT OF WASTE LEVY

Cr Downs informed Council that LAWMAC have advised the introduction by the State Government of a waste levy on commercial and industrial waste has been deferred from 1 July 2011 to 1 December 2011.

10.4 RECOVERY POST CYCLONE YASI

Cr Downs advised she has been talking to Dunk Island management and other tourism operators who indicated the potential for a tourism-led recovery is strong provided marine infrastructure damaged as a result of Cyclone Yasi is either temporarily or permanently fixed as a matter of priority.

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10. GENERAL BUSINESS (CONT'D…)

10.5 PROPOSED CONCERT - SUGAR BAG CATTLE STATION

Cr Rule advised the owners of Sugar Bag Station are proposing to hold a 3 day concert at the station and will be targeting anyone who was badly affected by Cyclone Yasi. They will provide everything, however have asked whether Council would manage the distribution of tickets to community members affected by Yasi? It was agreed that they be requested to provide further details on the offer.

MOVE INTO COMMITTEE Moved Cr R Sorbello Seconded Cr I Rule Resolution Number 1303

"That in accordance with Section 72 (1) (d) and (g) of the Local Government (Operations) Regulation 2010, Council close the meeting to the public to consider possible rate concessions following Cyclone Yasi and compliance issues associated with a planning matter."


CARRIED

MOVE OUT OF COMMITTEE Moved Cr R Sorbello Seconded Cr I Rule Resolution Number 1304

"That the meeting be re-opened to the public."


CARRIED

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11. CONFIDENTIAL

11.1 CONFIDENTIAL REPORT - COUNCIL RATES LEVY FOLLOWING CYCLONE YASI

Executive Summary:

The impact of Cyclone Yasi will affect the ability of some residents to meet their obligations in respect to the payment of rates. The following report outlines a number of measures that can be considered as ways of assisting ratepayers. The options are modest bearing in mind the financial position of Council and the increased cost that will be borne as a result of Cyclone Yasi. I am not aware of any program funded by the State or Commonwealth Governments that would provide substantial funding towards meeting the cost of rate concessions. Any concessions provided need to be funded either through increased rates or a reduction in services. Council is facing a very difficult budget and the call for increased ongoing rate concessions or remissions will be strong. The impact of Cyclone Yasi on a number of rural industries will adversely impact on their capacity to pay and the pressure to limit rate increases is already intense. Whilst the decision to provide concessions needs to be made prior to the levying of rates, consideration of longer-term budgetary considerations is imperative as these matters are discussed. Recommendation:

“That Council provide 'in principle' approval for the following assistance measures to assist ratepayers in meeting the cost of the next rate levy: Rate remission for uninhabitable dwellings based on a fixed percentage of the rate

levy and the amount of remission be capped (details yet to be determined) Concession on excess water Delay the rates levy by 6 weeks Extended payment arrangements until 31st of December 2011 Further, that the necessary policy documents to bring into effect the assistance measures outlined above be prepared and submitted to Council for approval.”


"That the Recommendation be adopted. Further, that Council seek financial assistance from the State and Federal Governments to meet the costs associated with these measures."


CARRIED

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11.2 COUNCIL-OWNED LAND DESCRIBED AS LOT 4 ON RP707620 AT SOUTH JOHNSTONE

Council resolved to defer consideration of the report to a future meeting. 4.50pm There being no further business the Mayor declared the meeting closed. CONFIRMED AS A TRUE AND CORRECT RECORD THIS TENTH DAY OF MARCH 2011.

________________________________ Mayor

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LOCAL GOVERNMENT MEETING · 2013-09-16 · 4.1 Cyclone Yasi Disaster Response and Recovery and the...

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