ORDINARY MEETING 23 MARCH 2011 - Cairns Regional Council
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67 Agenda – Ordinary Meeting – 23 March 2011 - #3094338 ORDINARY MEETING 23 MARCH 2011 5 APPEAL OF THE DECISION FOR THE REFUSAL OF THE APPLICATION TO CONDUCT COMMERCIAL RECREATION ACTIVITIES – CAIRNS CANYONING ADVENTURES – CRYSTAL CASCADES, REDLYNCH – DIVISION 6 Stuart Pollett: 10/23/1-16: #2785580 RECOMMENDATION: That Council refuses the application by Cairns Canyoning Adventures to conduct Commercial Recreation Activities under Local Law No. 27 (Commercial Recreation Activities). _____________________________________________________________________ INTRODUCTION: Council is in receipt of an Application from Cairns Canyoning Adventures for Approval to conduct Commercial Recreation Activities at the Crystal Cascades, Redlynch. The Application for Approval has been assessed against the requirements of Local Law No. 27 (Commercial Recreation Activities) which applies to the former Cairns City Council area. Council Officers had investigated this application and refused it on the basis that the land, being owned by the Crown is leased to Council for the purpose of water supply only. The applicant now requests that this decision be reviewed by Council. BACKGROUND There has been no previous application to conduct this type of activity in this area. COMMENTS: Canyoning is described as travelling through a canyon using a variety of techniques such as scrambling, climbing, jumping, abseiling and swimming. This activity is proposed to be conducted at the upper section of Crystal Cascades at Redlynch which offers the necessary landscape for this activity. The area in which this application requests use is in a locked gate section of Crystal Cascades. The land in this area is held in trust by Council from the Crown for water supply usage only. Council being the trustee for the Crown in relation to this lot has the authority to decide if the operation is ancillary to the purpose of the trust invested in Council.
Transcript of ORDINARY MEETING 23 MARCH 2011 - Cairns Regional Council
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ORDINARY MEETING
23 MARCH 2011
5 APPEAL OF THE DECISION FOR THE REFUSAL OF THE APPLICATION TO CONDUCT COMMERCIAL RECREATION ACTIVITIES – CAIRNS CANYONING ADVENTURES – CRYSTAL CASCADES, REDLYNCH – DIVISION 6 Stuart Pollett: 10/23/1-16: #2785580 RECOMMENDATION: That Council refuses the application by Cairns Canyoning Adventures to conduct Commercial Recreation Activities under Local Law No. 27 (Commercial Recreation Activities). _____________________________________________________________________ INTRODUCTION: Council is in receipt of an Application from Cairns Canyoning Adventures for Approval to conduct Commercial Recreation Activities at the Crystal Cascades, Redlynch. The Application for Approval has been assessed against the requirements of Local Law No. 27 (Commercial Recreation Activities) which applies to the former Cairns City Council area. Council Officers had investigated this application and refused it on the basis that the land, being owned by the Crown is leased to Council for the purpose of water supply only. The applicant now requests that this decision be reviewed by Council. BACKGROUND There has been no previous application to conduct this type of activity in this area. COMMENTS: Canyoning is described as travelling through a canyon using a variety of techniques such as scrambling, climbing, jumping, abseiling and swimming. This activity is proposed to be conducted at the upper section of Crystal Cascades at Redlynch which offers the necessary landscape for this activity. The area in which this application requests use is in a locked gate section of Crystal Cascades. The land in this area is held in trust by Council from the Crown for water supply usage only. Council being the trustee for the Crown in relation to this lot has the authority to decide if the operation is ancillary to the purpose of the trust invested in Council.
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CONSIDERATIONS: Corporate and Operational Plans: This report was prepared in accordance with Corporate Plan Goal 5 – To increase the region’s capacity for long term economic growth by supporting opportunities for local businesses and local employment. Councils Property Unit advised that ‘since the proposal does not involve any permanent structures, there is no requirement to grant any tenure for the activity. It would be regulated under any relevant Local Laws whilst ensuring that the intended use of the reserve is not diminished.’ The intended use of the land is that it be held in trust by Council from the Crown for water usage only. The applicant argues that the area is already being used for public recreation. The primary use of the area is for the provision of potable water. The secondary unintended use is that of a well known recreation spot. Tourists and locals are already permitted day use of the area up to the second locked gate (see map contained in Attachment 1). From that point access is restricted for safety reasons. The difference between the current day use and the proposed activity is that the groups will be supervised by two trained staff, using appropriate safety equipment such as shoes, helmets, life jackets and covered by $10,000,000 in public liability insurance. The application does not conflict with the primary intended use because access is sought below the water collection point. The application does not conflict with the current day users because access is sought above where visitors are allowed. The applicant further argues that a compelling reason for Council to approve this application is because Cairns is built on tourism. The state government has just announced a $500,000 advertising campaign with the slogan “Adventurous by Nature” to lure more tourists to Far North Queensland. Cairns is already the adventure capital of Australia and that is because we have tours such as this proposal. Council officers consider that the area in which this activity is proposed is in pristine waterway which is prone to flooding and debris. Due to the changing nature of the waterway there is significant risk involved as regards to loose debris i.e. logs, rocks and boulders. Flooding and the release of water into the waterway from the catchment are further risks that should be considered. Access to the area proposed to be used by the operator is limited to walking access due to difficult terrain. In the case of an emergency and or serious injury, persons would have to be airlifted from the area. In considering this application, one of the criteria that Council must have regard to is the safety of the commercial recreation activity for customers or the general public [see section 10(h) of the Local Law]. It is considered that the activity itself involves safety concerns, in addition to the safety issues raised in the context of the area in which the activity is proposed to be conducted. The intended use of the land is for water usage only. It maybe argued that if Council were to permit an activity in this area which is not consistent with its intended use, then Council may become liable for personal injury or damage.
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Statutory: Local Law No. 27 (Commercial Recreation Activities) Policy: N/A Financial and Risk: Council costs in regulation of the operation are covered in the Approved fees and charges. Sustainability: The Cairns Regional Council sustainability assessment has been completed in relation to this application. Sustainability Assessment report
Activity / Project: Commercial Recreational Activity
Assessment date: 15/03/2011
Actions undertaken in relation to this activity will have a mainly neutral effect on Council’s sustainability however there are a number of negative responses in Resource, Environment and Community assessments. There were some positive responses in the Governance assessment. PLANNING CONSIDERATIONS: The area where it is intended to conduct the activity forms part of Lot 50 on NR6547 located at the end of Redlynch Intake Road. Under CairnsPlan the land is within a Conservation Planning Area in the Rural Lands Planning District and is affected by the Hillslopes Overlay and the Vegetation Conservation/Waterway Significance Overlay.
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If it is considered that Planning Approval is required for the proposed use, the activity would fall within the definition “Outdoor Sport and Entertainment”, which is an “Inconsistent Use” in a Conservation Planning Area. This would necessitate a development application to Council and this application would need to provide plans clearly showing the area intended for use and address all relevant CairnsPlan requirements and standards. The proposed use would also require public advertisement for possible comment and/or objection. CONSULTATION: Property Unit – Cairns Regional Council The property unit have advised that Lot 50 on NR6547 is a Reserve for Water Supply held by the Cairns-Mulgrave Water Supply Board as Trustee. The Cairns-Mulgrave Water Supply Board now vests with Council. The Trustee is responsible for ensuring the land is held and managed for the purpose for which the Reserve has been dedicated - in this case the town water supply. It is not a community purpose reserve and public access should not be provided. Use of the Reserve for commercial activities is considered to be inconsistent with the dedicated purpose of the Reserve. DERM & DERM Water Planning Coordinator DERM have advised as it is not National Park Queensland Parks and Wildlife Services has no jurisdiction and the matter can be dealt with by council and that no permit is required from DERM. Wet Tropics Management Authority Wet Tropics Management Authority has reviewed the project and concluded “I consider the activities you are describing would only have minor and inconsequential impacts on the Area’s integrity and on the watercourse. Therefore, in accordance with s.28 of the Wet Tropics Management Plan 1998, no permit from the Authority would be required to undertake this activity.” Cairns Water & Waste Unit – Cairns Regional Council Cairns Water and Waste Unit have advised that there are no Operational reasons to not provide access to the water reserve. There are however some restrictions which need to be in place. That departments understanding of the original proposal was that ropes and anchor points were to be located below the Crystal Cascade water intake at the top. Any approval to proceed must clearly state an exclusion zone from the Crystal Cascade Weir and all areas' up stream of our intake to ensure no impact to the water supply of Cairns Regional Council.
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OPTIONS: 1. Council refuse the application submitted by Cairns Canyoning Adventures due to
the fact that the proposed activity is inconsistent with the purpose of the reserve, namely being for water supply; and the safety risks associated with the activity.
2. Council approves the application submitted by Cairns Canyoning Adventures to
operate a Commercial Recreation Activity at the Crystal Cascades in accordance with Local Law No. 27 (Commercial Recreation Activities).
CONCLUSION: It is recommended that Council refuses the application on the basis that the proposed activity is inconsistent with the purpose of the reserve, namely being for water supply and the safety risks associated with the activity. ATTACHMENTS: 1. Application by Cairns Canyoning Adventures dated 5 October 2010. 2. Refusal Letter sent to Cairns Canyoning Adventures dated 27 January 2010. Stuart Pollett Senior Local Laws Compliance Officer KYLEE MILLER Co-ordinator Local Laws Compliance Unit LAURIE PHIPPS Manager Environmental Assessment
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ATTACHMENT 1:
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ATTACHMENT 2:
