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Town Planning Report Town Planning Report Cape Tribulation Road, Diwan Cape Tribulation Road, Diwan Lot 41 on RP739765 4HRP461 HRP13260

Development Permit – Material Change of Use – House and Home Based Business (Bed and Breakfast)

Prepared for Trustee for the Diwan Eco B&B Trust September 2013


Town Planning Report Cape Tribulation Road, Diwan

Document Information Prepared for

Trustee for the Diwan Eco B&B Trust

Project Name

Cape Tribulation Road, Diwan

File Reference

HRP13260 - Town Planning Report v1.docx

Job Reference

HRP13260

Date

August 2013

Document Control Version

Date

Author

Author Initials

Reviewer

Reviewer Initials

1

19.08.2013

Rachel Daniels

RD

John Viklund

JV

2

21.08.2013

Rachel Daniels

RD

Michael Jewell

MJ

3

29.08.2013

Rachel Daniels

RD

Michael Jewell

MJ

Prepared for: Trustee for the Diwan Eco B&B Trust 15 Herne Road, Scarborough QLD 4020 Prepared by: Cardno HRP

Cardno HRP retains ownership and copyright of the contents of this document including drawings, plans, figures and other work produced by Cardno HRP. This document is not to be reproduced in full or in part, unless separately approved by Cardno HRP. The client may use this document only for the purpose for which it was prepared. No third party is entitled to use or rely on this document. This report is based on our opinion of the town planning issues that arise from the statutory provisions relating to this site. Comments and conclusions in or construed from this report relating to matters of law are not to be relied upon. You should only rely upon the advice of your professional legal advisors with respect to matters of law. This report is provided on the basis that our standard Terms and Conditions apply. For a copy, please contact us or visit http://www.hrppc.com.au/TermsConditions. Our report is based on information made available by the client. The validity and comprehensiveness of supplied information has not been independently verified and, for the purposes of this report, it is assumed that the information provided to Cardno HRP is both complete and accurate. Whilst, to the best of our knowledge, the information contained in this report is accurate at the date of issue, changes may occur to the site conditions, the site context or the applicable planning framework. This report should not be used after any such changes without consulting the provider of the report or a suitably qualified person.

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Town Planning Report Cape Tribulation Road, Diwan

Table of Contents 1

2

3

Executive Summary

5

1.1 1.2

5 5

Introduction

6

2.1 2.2

6 6

7

3.1

7 7 7 7 7 7 7 7 7 8 8 8

9

Application Particulars Proposal Description Built Form Parking and Access Infrastructure Services Adopted Infrastructure Charges

9 9 9 10 10 10

Statutory Town Planning Framework

11

5.1 5.2

11 11 11 12 13 13 13 16 16 16 16 17

5.3 5.4

6

Site Details 3.1.1 Location Site Characteristics 3.2.1 Current Use of the Site 3.2.2 Access and Road Frontages 3.2.3 Existing Significant Vegetation and Waterway Values 3.2.4 Ownership 3.2.5 Easements 3.2.6 Surrounding Land Uses and Zoning 3.2.7 Infrastructure and Services 3.2.8 Site Contamination 3.2.9 Topography

Proposed Development 4.1 4.2 4.3 4.4 4.5 4.6

5

Previous Approvals / Land Use Pre-lodgement Advice

Site Details and Characteristics

3.2

4

Site Details Application Details

Introduction Sustainable Planning Act 2009 5.2.1 Code Assessment 5.2.2 Referral 5.2.3 Public Notification 5.2.4 State Planning Regulatory Provisions 5.2.5 State Planning Policies FNQ Regional Plan Consolidated Douglas Shire Planning Scheme 2006 5.4.1 Defined Land use 5.4.2 Area Classification 5.4.3 Applicable Development Codes

Compliance Summary

18

6.1 6.2 6.3 6.4 6.5

18 18 18 18 18

September 2013

Introduction State Planning Regulatory Provisions State Planning Policies Consolidated Douglas Shire Planning Scheme 2006 Compliance with Applicable Codes

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Town Planning Report Cape Tribulation Road, Diwan

6.5.1 6.5.2 6.5.3 6.5.4 6.5.5 6.5.6 6.5.7 6.5.8 6.5.9 6.5.10

7

Settlement Areas North of the Daintree River Locality Code Conservation Planning Area Code Home Based Business Code House Code Design and Siting of Advertising Devices Code Filling and Excavation Code Landscaping Code Vehicle Parking and Access Code Sustainable Development Code State Development Assessment Provisions

Conclusions and Recommendations

18 19 19 21 21 21 21 22 22 22

23

Appendices Appendix A – Statement of Code Compliance Appendix B – Proposal Plans Appendix C – Owners Consent Appendix D – Title Searches Appendix E – Registered Survey Plan and Smart Map Appendix F – Searches: CLR and EMR Appendix G – Vegetation and Coastal Searches Appendix H – IDAS Forms

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Executive Summary

1 1.1

Site Details

Site Details Address

Cape Tribulation Road, Diwan

RPD

Lot 41 on RP739765 (refer to Appendix E – Registered Survey Plan and Smartmap)

Owners

Gregory S Dunn

Locality

N/A

Precinct

Rainforest Residential Precinct

Zoning

Conservation Planning Area

1.2

Application Details

Application Details Development Type

Development Permit – Material Change of Use – House and Home Based Business (Bed and Breakfast)

Level of Assessment

Code

Proposal Summary

To establish a House and Bed and Breakfast Accommodation facility

Defined Land Use

House and Home Bases Business

Referral – Concurrence

Nil

Referral – Advice

Nil

Applicant

Trustee for the Diwan Eco B&B Trust

Applicant’s Representative

Michael Jewell

Reference

4HRP461

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Introduction

2

This Town Planning Report accompanies a development application over land located at Cape Tribulation Road, Diwan (refer to Figure 1 – Location Plan), referred to here on in as the “subject site”. Trustee for the Diwan Eco B&B Trust, the Applicant, is seeking a Development Permit for a Material Change of Use – Bed and Breakfast to undertake the proposed development. Section 4 – The Proposed Development of this report together with Appendix B – Proposal Plans of Development contains detailed information with regard to the design of the proposed development. The proposal is assessable development under the Consolidated Douglas Shire Planning Scheme 2006 (incorporating amendments 2007 No. 1 and 2007 No. 2 – reprinted as in force 4 March 2008). The planning scheme requires a code assessable development application to be made in this instance. Section 313 of the Sustainable Planning Act 2009 (“the SPA”) prescribes the requirements for code assessment. Section 6 – Summary of Compliance of this report provides a summary of the proposed development’s compliance with the applicable provisions of the relevant planning framework. Appendix A – Statement of Code Compliance to this report contains the complete assessment of the proposed development against the applicable criteria of the relevant codes of the Consolidated Douglas Shire Planning Scheme 2006.

2.1

Previous Approvals / Land Use

The subject site is currently vacant.

2.2

Pre-lodgement Advice

As the subject site is currently vacant, and as per the definition of a “Home Based Business”, the use is to be ancillary to a House. Therefore, via email on 24 January 2013, Cairns Regional Council confirmed that Council ‘wouldn’t have any objecting to receiving the application for both uses”. Furthermore, on 21 January 2013 Council provided advice with regards to Infrastructure Charges, noting that a Home Based Business is ‘not specifically listed in the Equivalent Demand Table’ of Council’s Trunk Infrastructure Contribution Policy. As the use and demand on infrastructure is generally ‘negligible’ as part of a Home Based Business, an increase in demand on infrastructure is not necessarily registered. That being, infrastructure charges are generally not applied for a Home Based Business where a negligible increase on Infrastructure Networks occurs. Therefore, on this basis the application is for a House and a Home Based Business (Bed and Breakfast).

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Site Details and Characteristics

3 3.1 3.1.1

Site Details Location

The subject site is situated at Cape Tribulation Road, Diwan, formally described as Lot 41 on RP739765. The site is located within the Conservation Planning Area of the Rainforest Residential Precinct. The site has an 2 area of 9.98Ha (99,800m ), and is located on the corner of Cape Tribulation Road and Ironbark Road.

3.2 3.2.1

Site Characteristics Current Use of the Site

The subject site is currently vacant, maintaining only a water bore and flood gate. 3.2.2

Access and Road Frontages

The subject site maintains frontage to Cape Tribulation Road and Ironbark Road, with access via Ironbark Road. 3.2.3

Existing Significant Vegetation and Waterway Values

The subject site maintains High Value Regrowth Vegetation containing Endangered Regional Ecosystems. However, the location of the proposed development has been previously cleared, and there is no vegetation present in the proposed uses area. An existing regrowth watercourse (order 3) is identified to cut in and out of the subject site on the northern boundary of the allotment. The site is not mapped as containing remnant vegetation. 3.2.4

Ownership

The registered owner of the subject site is Gregory S Dunn. Refer to Appendix D – Current Title Search for details. 3.2.5

Easements

No easements are noted on the current Title. Refer to Appendix D – Title Searches and Appendix E – Registered Survey Plan, Endorsed Survey Plan and Smart Map for details. 3.2.6

Surrounding Land Uses and Zoning

Table 3 and Figure 4 below outlines the various land uses and zones of the properties surrounding the subject lot. Table 3: Surrounding land uses and Zoning Direction

Area

Precinct

Land use

North

Conservation Planning Area

Rainforest Commercial / Community

Residential dwelling and ancillary structures

East

Conservation Planning Area (across Cape Tribulation Road)

Rainforest Conservation

Residential dwelling and ancillary structures

South

Conservation Planning Area

Rainforest Residential

Vacant

West

Conservation Planning Area

Rainforest Residential

Vacant

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Figure 4: Subject Site and Surrounding Land Uses (Source: Cairns Regional Council Online Mapping) 3.2.7

Infrastructure and Services

The subject site is not connected to any Council reticulated infrastructure services. 3.2.8

Site Contamination

On 21 August 2013, searches of the Environmental Register and Contaminated Land Register were executed, which confirmed that the subject site is not included in either register. Refer to Appendix F – Searches CLR & EMR for details. 3.2.9

Topography

The subject site currently maintains a gradual fall towards Cape Tribulation Road and Ironbark Road, with site levels of approximately 26m AHD – 24m AHD in the north-western portion of the site, reducing to approximately 20m adjacent to Cape Tribulation Road and Ironbark Road. For further information refer to Appendix B – Proposed Plan of Development.

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Proposed Development

4 4.1

Application Particulars

Application Particulars Development Type

Development Permit – Material Change of Use – House and Home Based Business (Bed and Breakfast)

Level of Assessment

Code

Proposal Summary

To establish a Bed and Breakfast on the subject site

Defined Land Use

House and Home Based Business

Referral – Concurrence

Nil

Referral – Advice

Nil

4.2

Proposal Description

The proposed development is to establish a House and a Home Based Business (Bed and Breakfast) on the subject site. The subject site is large in nature, being 9.98Ha in total area, however the proposed development is to be located in an existing small cleared area, nominated as the Designated Development Area (DDA) (refer to 2 Appendix B – Proposal Plans). The DDA is proposed to be approximately 750m in total use area and located approximately 200m north of the existing access to the site via Ironbark Road. The access point is found in the south-west corner of the allotment. Therefore, the proposed House and Home Based Business will generally be located in the north-west quadrant of the site. As the DDA has previously been cleared, there will be no additional clearing associated with the proposed development. The proposed Bed and Breakfast will be an ‘environmentally friendly’ / ‘eco’ tourism opportunity for the locality, and greater Cairns Regional Council, providing the following accommodation and ancillary uses: 

House (inclusive of reception and dining) (private bathroom, toilet and 2 bedrooms located upstairs) 2 (approximately 280m in area);

4 x ‘accommodation huts’ (inclusive of 3 beds, shower and toilet) (approximately 40m in area);

Greenhouse;

House, barn and additional accommodation; and

Lap pool.

2

Ancillary to the use, and to undertake maintenance of the site, a tractor, mower and four-wheeler (ATV) will be used and stored on site. Basic workshop equipment will also be stored in the barn; however this will not be accessible by guests of the Bed and Breakfast. Furthermore, a bus will be used by the owner of the property to give visitors tours of the subject site and the locality. This bus will be used upon demand and guest numbers at such time (i.e. if only two guests, a single vehicle can be used. If six guests, the bus will be used). When not in use, the bus will be stored in the barn. For further detail refer to Appendix B – Proposal Plans. Scale and Intensity Hours of operation

24 hours per day, 7 days per week.

Staff

Maximum of 2 staff at any one time.

Accommodation

Maximum of 20 persons residing at the Bed and Breakfast at any one time

4.3

Built Form

The proposed development includes four (4) ‘Accommodation Huts’ and one (1) House (inclusive of reception / dining facilities) which are designed to reflect the existing natural environment of the locality. The design of the structures will also maximise on sustainability qualities accessible in the locality, placing solar panels on all buildings for electricity and hot water. The on-site barn, additional accommodation and greenhouse will provide the opportunity for visitors to experience the Daintree locality and interact with the natural environment.

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The house and barn will be approximately 5.5m high and the ‘accommodation huts’ and greenhouse will be approximately 3.5m high. It is noted however that as the proposed development is to be set back behind existing dense natural vegetation on the subject site, it is not considered that the development will be visible from either Ironbark Road or Cape Tribulation Road due to the obstruction of the vegetation. For further information refer to Appendix B – Proposal Plans.

4.4

Parking and Access

It is proposed to maintain the existing vehicle crossover access points to Ironbark Road. The Bed and Breakfast will be accessed via an existing gravel track, extending for approximately 200m from the site frontage to the location of the use. Car parking for the Bed and Breakfast will be located to the east and west of the access driveway, at the main entrance to the use. A total of twelve (12) on-site designated car parks will be provided, being split evenly across the two designated parking bays.

4.5

Infrastructure Services

The subject site is not connected to any Council reticulated infrastructure services. The subject site will be self-sustainable, with solar panels providing electricity and hot water, an on-site bore and 5,000L rainwater tank for potable water, ‘EarthSafe D10 waste water treatment’ facility on-site and a 20,000L rainwater tank for fire fighting purposes. A diesel generator will be stored on site and used periodically as a back-up electricity supply to the Dwelling House and Home Based Business. Diesel will also be used to fuel tractor, mower, four-wheeler (ATV) and bus stored and used on site. As such, diesel will be stored on site to cater for these uses. It is anticipated that more than 20L of diesel will be stored on the site. Furthermore, stormwater from the House (and reception and dining) will be collected and stored within the abovementioned 5,000L rainwater tank. Stormwater discharge from all other structures will be released on-site, and returned to ‘sheet-flow’. It is noted that dense vegetation across the balance of the site will reduce stormwater discharge prior to exiting the site.

4.6

Adopted Infrastructure Charges

In accordance with Council’s Trunk Infrastructure Contribution Policy, a Home Based Business is not specifically listed in the Equivalent Demand Table (i.e. land use). Refer to section 2.2 of the Town Planning Report for further discussion. It is noted that in accordance with prelodgement advice, it is anticipated that there will be no infrastructure charges associated with the proposed development. That being, unless the development is deemed to exceed negligible demand on infrastructure networks.

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Statutory Town Planning Framework

5 5.1

Introduction

This section of the Town Planning Report explains the applicable components of the statutory town planning framework and their relevance to the proposed development.

5.2

Sustainable Planning Act 2009

The Sustainable Planning Act 2009 (the SPA) is the statutory instrument for the State of Queensland under which, amongst other matters, development applications are assessed by local governments. The SPA replaced the now repealed Integrated Planning Act 1997. The SPA delivers an Integrated Development Assessment System (IDAS) for integrating State and local government assessment and approval processes for development. Relevant stages in the IDAS process including referral and public notification are addressed below. 5.2.1

Code Assessment

The planning framework relevant to assessing the development application at the time of lodgement comprises the SPA and the Consolidated Douglas Shire Planning Scheme 2006. Section 238 of the SPA prescribes that a development permit is necessary for assessable development, as declared under the relevant planning scheme. In this instance, a Code Assessable development application is required to be made to the assessment manager to acquire the necessary development permit (refer to Section 5.4 – Consolidated Douglas Shire Planning Scheme 2006 of this report). Section 313 of SPA set out the provisions for assessment managers to assess code assessable applications as follows: “(2)

The assessment manager must assess the part of the application against each of the following matters or things to the extent the matter or thing is relevant to the development— (a)

the State planning regulatory provisions;

(b)

the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;

(c)

any applicable codes, other than concurrence agency codes the assessment manager does not apply, that are identified as a code for IDAS under this or another Act;

(d)

State planning policies, to the extent the policies are not identified in—

(e)

(i)

any relevant regional plan as being appropriately reflected in the regional plan; or

(ii)

the planning scheme as being appropriately reflected in the planning scheme;

any applicable codes in the following instruments— (i) a structure plan; (ii) a master plan (iii) a temporary local planning instrument; (iv) a preliminary approval to which section 242 applies; (v) a planning scheme;

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infrastructure charges resolution or the priority infrastructure plan. (3)

In addition to the matters or things against which the assessment manager must assess the application under subsection (2), the assessment manager must assess the part of the application having regard to the following— (a)

the common material;

(b)

any development approval for, and any lawful use of, premises the subject of the application or adjacent premises;

(c)

any referral agency’s response for the application.

(d)

the purposes of any instrument containing an applicable code.

(4)

If the assessment manager is not a local government, the laws that are administered by, and the policies that are reasonably identifiable as policies applied by, the assessment manager and that are relevant to the application, are taken to be applicable codes in addition to the applicable codes mentioned in subsection (2)(c) or (e).

(5)

The assessment manager must not assess the application against, or having regard to, anything other than a matter or thing mentioned in this section.

(6)

Subsection (2)(a), (b) and (d) does not apply for the part of an application involving assessment against the Building Act.”

According to Section 326 of the SPA: “(1)

The assessment manager’s decision must not conflict with a relevant instrument unless— (a)

the conflict is necessary to ensure the decision complies with a State planning regulatory provision; or

(b)

there are sufficient grounds to justify the decision, despite the conflict; or

(c)

the conflict arises because of a conflict between— (i)

2 or more relevant instruments of the same type, and the decision best achieves the purposes of the instruments; or

(ii)

2 or more aspects of any 1 relevant instrument, and the decision best achieves the purposes of the instrument.”

At the time of the lodgement of the development application, the common material comprises the application material only. The application material includes an assessment of the proposed development against the relevant planning documents and the assessment criteria of the SPA. However, information arising from the subsequent Information and Referral Stage will also form part of the common material to be assessed by Council. 5.2.2

Referral

Section 254 of the SPA states that: “A referral agency has, for assessing and responding to the part of an application giving rise to the referral, the jurisdiction or jurisdictions prescribed under a regulation.” Section 13 of the Sustainable Planning Regulation 2009 (“SPR”) explains that: “For sections 250(a), 251(a) and 254(1) of the Act — (a)

schedule 7, column 2 states the referral agency, and whether it is an advice agency or a concurrence agency, for the development application mentioned in column 1; and

(b)

schedule 7, column 3 states the jurisdiction of the referral agency mentioned in column 2.”

There are no referral agencies triggered for the application.

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5.2.3

Public Notification

According to Section 295 of the SPA, the notification stage of the IDAS process applies to an application if either of the following applies – “(a)

any part of the application requires impact assessment;

(b)

the application is an application to which section 242 applies.”

The proposal does not require impact assessment and is not for an application to which section 242 of the SPA applies. 5.2.4

State Planning Regulatory Provisions

A State Planning Regulatory Provision is an instrument made under Division 2 and Part 6 of the SPA for an area to advance the purpose of the Act by— (a)

providing regulatory support for regional planning or master planning; or

(b)

providing for a charge for the supply of infrastructure; or

(c)

protecting planning scheme areas from adverse impacts.

A State Planning Regulatory Provision includes a draft State Planning Regulatory Provision. Section 313(2)(a) of the SPA requires an assessment manager to assess an application against a State Planning Regulatory Provision to the extent the State Planning Regulatory Provision is relevant to the development. At the time of lodgement, the following relevant State Planning Regulatory Provisions were in force: 

State Planning Regulatory Provisions (Adopted Charges) July 2012 The draft State Planning Regulatory Provision (Adopted Charges) establishes a maximum adopted charge for trunk infrastructure, identifies for certain local government areas, priority infrastructure areas to facilitate some aspects of development sequencing in relation to the charging framework while those local governments complete their priority infrastructure plans, and provides a default proportional split that may be levied by a distributor retailer and relevant local government. These State Planning Regulatory Provisions are relevant to the proposed development as the subject site is located within a local government area to which the State Planning Regulatory Provisions apply.

 Coastal Protection State Planning Regulatory Provision – April 2013 The Coastal Protection State Planning Regulatory Provision applies to the assessment of development applications and master plan applications that are properly made under the period in which the State Planning Regulatory Provision has effect. The Coastal Protection State Planning Regulatory Provision applies to all local government areas in Queensland that contain areas within the coastal zone and has effect from 26 April 2013. As a result of the State Planning Regulatory Provision, it suspends the operation of the following: SPP3/11: Coastal Protection, part 1.2 of the FNQRP 2009-2031, part 3.3 of the MIWRP, part 2.2 of WBBRP, parts 1.4.3 and 2.4 of the SEQRP 2009-2013. The Coastal Protection State Planning Regulatory Provision is not relevant in this instance as the subject site is not located in the Coastal Management District and is not identified as being impacted by Coastal Hazards. 5.2.5

State Planning Policies

A State Planning Policy is an instrument made by the Minister about matters of State interest. As prescribed by Section 314(2)(d) of the SPA, an assessment manager must have regard to State Planning Policies, if they are not identified in the planning scheme as being appropriately reflected in the planning scheme. At the time of lodgement, the following State Planning Policies were in force: 

SPP 1/02 Development in the Vicinity of Certain Airports and Aviation Facilities

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Queensland Government policy, which sets out broad principles for protecting airports and associated aviation facilities from encroachment by incompatible developments in the interests of maintaining operational efficiency and community safety; 

SPP 2/02: Planning and Managing Development Involving Acid Sulfate Soils This State Planning Policy aims to ensure that development involving acid sulfate soils is planned and managed to avoid the release of potentially harmful contaminants into the environment;

SPP 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide This State Planning Policy aims to minimise the potential adverse impacts of flood, bushfire and landslide on people, property, economic activity and the environment;

SPP 1/07: Housing and Residential Development This State Planning Policy seeks to ensure that large, higher growth local governments identify their community’s housing needs and analyse, and modify if necessary, their planning schemes to remove barriers and provide opportunities for housing options that respond to identified needs;

SPP 2/07: Protection of Extractive Resources This State Planning Policy identifies those extractive resources of State or regional significance where extractive industry development is appropriate in principle, and aims to protect those resources from developments that might prevent or severely constrain current or future extraction when the need for utilization of the resource arises;

SPP 2/10: Koala Conservation in South East Queensland This State Planning Policy seeks to ensure koala habitat conservation is taken into account in the planning process, contributing to a net increase in koala habitat in South East Queensland, and assist in the long term retention of viable koala populations in South East Queensland;

SPP 3/10: Acceleration of Compliance Assessment This State Planning Policy provides a standard code for reconfiguring a lot (subdividing one into two) and associated operational works that require compliance assessment.

SPP 4/10: State Planning Policy for Healthy Waters The SPP will ensure that development for urban purposes under the Sustainable Planning Act 2009, including community infrastructure, is planned, designed, constructed and operated to manage stormwater and waste water in ways that protect the environmental values prescribed in the Environmental Protection (Water) Policy 2009.

SPP 5/10: Air, Noise and Hazardous Materials This State Planning Policy complements the existing management framework by providing a more strategic focus on the location of industrial land uses. The policy will ensure that planning instruments provide strategic direction about where industrial land uses should be located to protect communities and individuals from the impacts of air, noise and odour emissions, and the impacts from hazardous materials and how land for industrial land uses will be protected from unreasonable encroachment by incompatible land uses.

Temporary SPP 2/11: Planning for Stronger, More Resilient Floodplains This State Planning Policy seeks to ensure that development is planned, designed and constructed to minimise potential flood damage to towns and cities and to improve safety of individuals and communities.

SPP 3/11 Coastal Protection This State Planning Policy protects the coastal resources of the coastal zone by setting out criteria for land-use planning, coastal activities and development assessment, enabling Queensland to manage development within the coastal zone, including within coastal waters. This aims to satisfy, in part, the object of the Coastal Protection and Management Act 1995. The State Planning Policy was

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suspended on 8 October 2012 pending a full review. The Coastal Protection State Planning Regulatory Provision manages development in the coastal zone. 

SPP 4/11: Protecting wetlands of high ecological significance in Great Barrier Reef catchments This State Planning Policy seeks to ensure that development in or adjacent to wetlands of high ecological significance in Great Barrier Reef catchments is planned, designed, constructed and operated to prevent the loss or degradation of wetlands and their environmental values, or enhances these values.

SPP 1/12: Protection of Queensland’s strategic cropping land This State Planning Policy seeks to protect Strategic cropping land (SCL) by ensuring development impacts on SCL or potential SCL are managed to preserve the productive capacity of the land for future generations through assessment under this SPP and through imposing conditions on the development.

Temporary SPP2/12 Planning for Prosperity The purpose of this Temporary SPP is to ensure that economic growth is facilitated by local and state plans and is not adversely impacted by planning processes. This policy is to be reflected in State and local government decision making.

Draft State Planning Policy and SARA The State Planning Policy (SPP) sets out the state interests and related policies that local governments must take into account in preparing or amending local planning instruments, and that the state may consider in preparing and amending regional plans. The SPP prescribes the development assessment requirements for certain applications and sets out the matters that must be considered by a Minister before designating land for community infrastructure. A state interest is defined under the Sustainable Planning Act 2009 (SPA) as: 

an interest that the Minister considers affects an economic or environmental interest of the state or a part of the state, including sustainable development, or

an interest that the Minister considers affects the interest of ensuring there is an efficient, effective and accountable planning and development assessment system.

The SPP is a statutory instrument and has effect throughout the state. If there is an inconsistency between the SPP and a local planning instrument, the SPP prevails to the extent of the inconsistency under section 43 of SPA. Part C of the SPP identifies the state interests, which are required to be addressed where a development requires referral as per the Sustainable Planning Regulation 2009 Schedule 7. Where referral is required, the relevant State Development Assessment Provisions must be addressed. The Consolidated Douglas Shire Planning Scheme 2006 is the relevant planning scheme in this instance (see Section 5.4 – Consolidated Douglas Shire Planning Scheme 2006 below). The planning scheme explicitly identifies that the following abovementioned State Planning Policies are appropriately reflected in the planning scheme: 

SPP 1/92 - Development and the Conservation of Agricultural Land (Nb: SPP 1/92 lapsed in December 2012)

SPP 2/02 - Planning and Managing Development Involving Acid Sulfate Soils; and

SPP 1/03 - Mitigating the Adverse Impacts of Flood, Bushfire and Landslide (Bushfire Only).

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5.3

FNQ Regional Plan

The Far North Queensland Regional Plan (‘MIW) came into full effect on February 2009. Its primary purpose is to provide a sustainable growth management strategy for the region that articulates strategic direction and addresses various rural and natural resources management issues in FNQ.

5.4

Consolidated Douglas Shire Planning Scheme 2006

The Consolidated Douglas Shire Planning Scheme 2006 (incorporating amendments 2007 No. 1 and 2007 No. 2 – reprinted as in force 4 March 2008) is the relevant Planning Scheme for the assessment of development proposals within the Daintree Locality of the Cairns Regional Council. 5.4.1

Defined Land use

The proposed development is defined as “House” and “Home Based Business” as per Chapter 5 – Definitions of the Consolidated Douglas Shire Planning Scheme 2006: “House” means the use of premises comprising on Dwelling Unit, located on one lot for the exclusive residential use of one Household. The use includes: 

Outbuildings/structures incidental to and necessarily associated with the residential use;

The care of children in accordance with the Child Care (Family Day Care) Regulation 1991;

Accommodation for a member or members of the extended family of the Household occupying the House and for personal staff; and

A display house which displays to the general public the type of construction or design offered by a builder/developer, for a maximum period of twelve (12) months and which then converts to a House for the exclusive use of one Household.

“Home Based Business” means the use of a House and its surrounds, or an ancillary Building on the lot containing the House, by the permanent resident/s of the House for the conduct of a business, commercial or professional enterprise which is not industry based. The use includes the provision of accommodation to tourist or travellers, commonly described as: 

Bed and Breakfast Accommodation – any premises used or intended for use as tourist accommodation which provides breakfast and overnight accommodation, which is not self contained.

OR 

Forest Stay Accommodation – any premises used or intended for use as tourist accommodation which is not self contained and which operates in association with organised tours of the natural and /or rehabilitated forest environment on the same site and includes some staff accommodation on site for employees.

OR 

5.4.2

Host Farm Accommodation – any premises used or intended for use as tourist accommodation, which is not self contained, and which operates in conjunction with a Primary Industry. Area Classification

The site is located within the Conservation Planning Area, Rainforest Residential Precinct of the Consolidated Douglas Shire Planning Scheme 2006.

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5.4.3

Applicable Development Codes

As the proposal is Code Assessable development, the proposal is assessed against the relevant Codes as required by Tables of Assessment and Maps – Settlement Areas North of the Daintree River Locality - Table 1. Below is a list of the primary codes relevant to the proposal. Codes Primary Codes Settlement Areas North of the Daintree River Locality Code Conservation Planning Area – Rainforest Residential Precinct Code House Code Home Based Business Code General Codes Design and Siting of Advertising Devices Code Filling and Excavation Code Landscaping Code Vehicle Parking and Access Code Sustainable Development Code

A summary of compliance is set out in Section 6 of this report. A detailed assessment against the all of the relevant provisions of the abovementioned codes is provided at Appendix A – Statement of Code Compliance.

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Compliance Summary

6 6.1

Introduction

The following sections comprise a summary of compliance against the relevant provisions of the planning framework as they apply to the proposed development, identified in Section 5 of this report. More detailed information and responses to the Consolidated Douglas Shire Planning Scheme 2006 provisions are included in the Appendices to the proposal report. Appendix A – Statement of Code Compliance is particularly relevant in this regard, as it contains an assessment of the proposed development against the relevant codes of the Planning Scheme.

6.2

State Planning Regulatory Provisions

The current State Planning Regulatory Provisions are listed in Section 5.2.4 of this report. The State Planning Regulatory Provision (Adopted Charges) is relevant to the proposed development and will be reflected in Council’s Adopted Infrastructure Charges Notice.

6.3

State Planning Policies

The development application must have regard to all relevant and applicable State Planning Policies, which are not incorporated or reflected in the Consolidated Douglas Shire Planning Scheme 2006. The State Planning Policies in force at the time of lodgement, and those which are identified in Consolidated Douglas Shire Planning Scheme 2006 as being appropriately reflected in the planning scheme are listed in Section 5.2.5 of this Report. SPP4/10 – Healthy Waters is relevant to the proposal, as the site involves a Material Change of Use and the 2 site area is greater than 2,500m . SPP4/10 will be addressed as part of a future Operational Works application to Council.

6.4

Consolidated Douglas Shire Planning Scheme 2006

A comprehensive assessment of the development’s compliance with the relevant criteria in the Consolidated Douglas Shire Planning Scheme 2006 has been undertaken below.

6.5

Compliance with Applicable Codes

A comprehensive assessment of the development’s compliance with the relevant Codes of the Consolidated Douglas Shire Planning Scheme 2006 is included as Appendix A – Statement of Code Compliance of this Town Planning Report. Compliance with the Codes is summarised below. 6.5.1

Settlement Areas North of the Daintree River Locality Code

Development that achieves the Performance Criteria of the Settlement Areas North of the Daintree River Locality Code complies with the Code. The proposed development achieves compliance with the relevant Performance Criteria of Settlement Areas North of the Daintree River Locality Code, excluding Acceptable Solution 28.3 (maximum number of beds). Acceptable / Probable Solution 28.3 – Maximum Number of Beds Acceptable Solution 28.3 (Maximum Number of Beds) states that “Bed and Breakfast Accommodation only establishes in accordance with the following criteria: 

a maximum of 3 bedrooms (6 Bed Spaces) where a site has a minimum area of 3 hectares.

The proposed development incorporates bed spaces for up to 20 persons (including 2 persons residing within the house).

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Therefore the proposed development cannot comply with the listed Acceptable Solutions of the Code. An Alternative Solution is provided for the proposal in compliance with the Performance Criteria for the code. The Performance Criteria for the Rainforest Residential Precinct states: “Land included in the Rainforest Residential Precinct is only developed for a House and Bed and Breakfast Accommodation where it can be demonstrated that the scale of the Bed and Breakfast Accommodation can establish on the site and not detrimentally impact on the environmental or scenic values of the Site and the surrounding area.” The Home Based Business (Bed and Breakfast) component of the proposed development incorporates 4 ‘accommodation huts’ and a barn including accommodation facilities. The use will cater for up to 20 persons, including 2 persons residing at the house. The subject site is large in nature, being 9.98Ha in total area, however the proposed development is to be located in an existing small cleared area, nominated as the Designated Development Area (DDA) 2 (refer to Appendix B – Proposal Plans). The DDA is proposed to be approximately 750m in total use area (or approximately only 0.75% of the site area) and is located approximately 200m north of the existing access to the site via Ironbark Road and 250m west of Cape Tribulation Road. The subject site maintains existing dense natural vegetation in all areas outside of the DDA, specifically between Ironbark, Cape Tribulation Road and the DDA, where clearing has not occurred in the past. As the proposed development for a House (primary use) and Home Based Business (Bed and Breakfast) (secondary use) is small in nature and is setback a considerable distance ‘behind’ existing dense vegetation on the subject site, it is considered that the natural environment will obstruct the visibility of the proposed development from the road frontages. Therefore, the existing environmental and scenic amenity of the locality will not be impact upon, as the proposed development will not be visible. Furthermore, as the site is located within the Rainforest Residential Precinct, and adjoins allotments to the south (opposite Ironbark Road) and west also located within the same precinct, it is considered that the use is consistent with the Rainforest Residential Precinct. It is also noted that the allotment to the north is within the Rainforest Commercial/Community Precinct which caters for commercial activities on the site (i.e. increased traffic movements). As it is considered that the proposed development will not detrimentally impact on the natural environment or scenic values currently present on the site, it is therefore concluded that the proposed development complies with the Performance Criteria of the Code, and therefore the Overall Outcomes of the Settlement Areas North of the Daintree River Locality Code are achieved. A detailed statement demonstrating compliance with other relevant Performance Criteria of the Settlement Areas North of the Daintree River Locality Code is provided in Appendix A. 6.5.2

Conservation Planning Area Code

Compliance with the Conservation Planning Area Code is achieved when development is consistent with the Performance Criteria within the Code. The proposed development achieves compliance with the Performance Criteria of the Conservation Planning Area Code. It is therefore concluded that the proposed development complies with the Conservation Planning Area Code. A detailed statement demonstrating compliance with each of the relevant Acceptable Solutions of the Conservation Planning Area Code is provided in Appendix A. 6.5.3

Home Based Business Code

Development that achieves the Performance Criteria of the Home Based Business Code complies with the Code. The proposed development achieves compliance with the relevant Performance Criteria of Home Based Business Code, excluding Acceptable Solution A1.2 (Siting and Design) and A4.4 (Fuel and Machinery use).

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Acceptable Solution A1.2 Acceptable Solution A1.2 (Siting and Design) states that “The Home Based Business is located within the House and is limited to a designated area of the House which is less than one third of the entire roofed area of the House”. The proposed Home Based Business is proposed to operate on the ground floor of the House (reception dining), within four (4) ‘accommodation huts’ and within a barn with additional accommodation facilities. Therefore the proposed development cannot comply with the listed Acceptable Solutions of the Code. An Alternative Solution is provided for the proposal in compliance with the Performance Criteria for the code. The Performance Criteria for Siting and Design states: “The Home Based Business is compatible with adjacent uses and is small scale and secondary to the primary residential use.” The proposed development incorporates a House (primary use) and Home Based Business (Bed and Breakfast) (secondary use). 2

The total site area of the House is approximately 280m , while each ‘accommodation hut’ comprises a 2 site area of approximately 40m . That being, each ‘accommodation hut’ is only approximately 15% of the House, or a total of 60% of the House when including all four (4) huts. Therefore, it is clearly established that although the use is not located wholly within the House, the Home Based Business is of smaller scale than the House and is the secondary use on the subject site. Similarly, the proposed development is to be located on a site with a total area of 9.98Ha, comprising of 2 a total use area of approximately only 750m being the Designated Development Area (DDA). The proposed location of the House and Home Based Business has previously been cleared, and therefore there will be no clearing of the natural vegetation as part of the proposed development. As such, the existing dense natural vegetation on the balance area of the subject site will cause a visual obstruction from the road frontages, and therefore the development will not be able to be viewed from either Ironbark Road or Cape Tribulation Road. Therefore, the existing natural environment on the site will protect the scenic amenity of the locality and emphasise the small scale nature of the proposal. Furthermore, as the site is located within the Rainforest Residential Precinct, and adjoins allotments to the south (opposite Ironbark Road) and west also located within the same precinct, it is considered that the use is consistent with the Rainforest Residential Precinct. It is also noted that the allotment to the north is within the Rainforest Commercial/Community Precinct which caters for commercial activities on the site (i.e. increased traffic movements). Acceptable Solution A4.4 Acceptable Solution A4.4 (Fuel and Machinery Use) states that “No vehicle or machinery is fuelled, serviced or repaired on the Site”. The proposed Home Based Business is proposed to include a generator (for back-up electricity supply), tractor, mower and four-wheeler (ATV) (for site maintenance). As such, to fuel such uses, Diesel will be stored on the subject site. As there will be fuelling of vehicles and a generator on the subject site, the proposed development cannot comply with the listed Acceptable Solutions of the Code. An Alternative Solution is provided for the proposal in compliance with the Performance Criteria for the code. The Performance Criteria for such states: “The Home Based Business does not adversely affect the amenity of the locality containing the Site.” The proposed development is for an ‘environmentally friendly’ / ‘eco’ tourism Bed & Breakfast in the Daintree. The development will be powered by solar panels on all buildings for electricity and hot water. However, during high rainfall periods (i.e. overcast weather) solar panels may become unreliable and not provide enough power to the Dwelling House and Bed and Breakfast. Therefore, a back-up generator will be stored on site to provide electricity to the development in times of low electricity production from the solar panels. It is anticipated that the generator will only be used periodically. As the use of the generator is unpredictable, diesel is required to be stored on site to fuel the generator.

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As part of on-going maintenance to the subject site (i.e. fencing, mowing, access improvements, etc.), machinery will also be stored on the subject site. Such machinery includes a tractor, mower and fourwheeler (ATV). All machinery will be stored in the barn when not in use, and access will not be permitted to the barn by guests of the Bed and Breakfast. In order to fuel the generator and abovementioned machinery, it is anticipated that more than 20L of diesel will be stored on the site. Fuel will be stored within a building on-site (i.e. barn) and bunded accordingly. As the abovementioned generator and machinery are required in order to keep the proposed development and subject site functional, well presented and safe, it is considered that the storage of and fuelling of vehicles and equipment with diesel is required to maintain the amenity of the proposed Home Based Business. Furthermore, as the on-site fuel, machinery and generator will be stored in the barn (out of access and view from guests of the Bed and Breakfast) it is considered that the amenity of the subject site and locality will not be impact upon as a result of such uses. As it is considered that the proposed development will not detrimentally impact on the existing locality, built form and scale of development in the locality, it is therefore concluded that the proposed development complies with the Performance Criteria of the Code, and therefore the Overall Outcomes of the Home Based Business Code are achieved. A detailed statement demonstrating compliance with other relevant Performance Criteria of the Home Based Business Code is provided in Appendix A. 6.5.4

House Code

Compliance with the House Code is achieved when development is consistent with the Performance Criteria within the Code. The proposed development achieves compliance with the Performance Criteria of the House Code. It is therefore concluded that the proposed development complies with the House Code. A detailed statement demonstrating compliance with each of the relevant Performance Criteria of the House Code is provided in Appendix A. 6.5.5

Design and Siting of Advertising Devices Code

Compliance with the Environment and Infrastructure Code is achieved when development is consistent with the Performance Criteria within the Code. There are no advertising devices proposed as part of the proposed development Therefore, no further assessment has been undertaken at this stage of the development. 6.5.6

Filling and Excavation Code

Compliance with the Filling and Excavation Code is achieved when development is consistent with the Performance Criteria within the Code. A detail design of the on site development will be undertake as part of a future Operational Works application to Council. Therefore, no further assessment has been undertaken at this stage of the development. 6.5.7

Landscaping Code

Compliance with the Landscaping Code is achieved when development is consistent with the Performance Criteria within the Code. A detail design of any on site landscaping as part of the proposed development will be undertake as part of a future Operational Works application to Council. Therefore, no further assessment has been undertaken at this stage of the development.

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6.5.8

Vehicle Parking and Access Code

Compliance with the Vehicle Parking and Access Code is achieved when development is consistent with the Performance Criteria within the Code. The proposed development achieves compliance with the Performance Criteria of the Vehicle Parking and Access Code. It is therefore concluded that the proposed development complies with the Vehicle Parking and Access Code. A detailed statement demonstrating compliance with each of the relevant Performance Criteria of the Vehicle Parking and Access Code is provided in Appendix A. 6.5.9

Sustainable Development Code

Compliance with the Sustainable Development Code is achieved when development is consistent with the Performance Criteria within the Code. The proposed development achieves compliance with the Performance Criteria of the Sustainable Development Code. It is therefore concluded that the proposed development complies with the Sustainable Development Code. A detailed statement demonstrating compliance with each of the relevant Performance Criteria of the Sustainable Development Code is provided in Appendix A. 6.5.10

State Development Assessment Provisions

Compliance with the SDAP is achieved when the development complies with the purpose of the Code. The proposed development does not trigger assessment against SDAP. Therefore, no further assessment has been undertaken.

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Conclusions and Recommendations

7

This proposal report accompanies an application by Trustee for the Diwan Eco B&B Trust seeking a Development Permit for a Material Change of Use, to facilitate the development of a House and Home Based Business on the subject site. Technical assessments have been undertaken with regard to the proposed development in order to assess potential impacts and to address the relevant codes used by Council to assess the proposed development. The information provided in this proposal demonstrates that the proposed development complies with all relevant provisions of the relevant planning framework. According to Section 326 of the SPA: “(1)

The assessment manager’s decision must not conflict with a relevant instrument unless— (a)

the conflict is necessary to ensure the decision complies with a State planning regulatory provision; or

(b)

there are sufficient grounds to justify the decision, despite the conflict; or

(c)

the conflict arises because of a conflict between— (i)

2 or more relevant instruments of the same type, and the decision best achieves the purposes of the instruments; or

(ii)

2 or more aspects of any 1 relevant instrument, and the decision best achieves the purposes of the instrument.”

The proposed development complies, and is consistent with the relevant and applicable provisions of the statutory town planning framework. Sufficient planning grounds have been identified which justifies any potential conflict with the planning scheme provisions. In particular, the proposed development:I.

Is consistent with the Consolidated Douglas Shire Planning Scheme 2006;

II.

Does not involve clearing of existing vegetation on the subject site;

III.

Will not detrimentally impact on the existing natural environment or scenic amenity of the subject site or locality; and

IV.

Is appropriately located within the Rainforest Residential Precinct.

We therefore recommend that Council favourably consider the proposed development and approves the proposed development application, subject to reasonable and relevant conditions.

Yours faithfully

Yours faithfully

Michael Jewell Office Manager and Principal Planning For CARDNO HRP

Rachel Daniels Planner For CARDNO HRP

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Cape Tribulation Road, Diwan

FIGURES

Figure 1

Location Map

Figure 2

Planning Area

Figure 3

Planning Precinct

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1 FIGURE

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Cape Tribulation Road, Diwan

APPENDIX

A STATEMENT OF CODE COMPLIANCE

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Statement of Code Compliance Consolidated Douglas Shire Planning Scheme 2006 Primary Codes Settlement Areas North of the Daintree River Locality Code Conservation Planning Area – Rainforest Residential Precinct Code House Code Home Based Business Code General Codes Design and Siting of Advertising Devices Code Filling and Excavation Code Landscaping Code Vehicle Parking and Access Code Sustainable Development Code

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SETTLMENT AREAS NORTH OF THE DAINTREE RIVER LOCALITY CODE Performance Criteria

Acceptable Solutions

Proposal

The Height of Buildings and structures is subservient to the surrounding environment and is in keeping with the unique character of the Locality.

A1.1 In the Planning Areas in this Locality the maximum Height of Buildings/structures is 6.5 metres and 2 Storeys. In addition, the roof or any ancillary roof features do not exceed a maximum Height of 3.5 metres.

Complies The House (inclusive of reception / dining area) and barn are both approximately 5.5m and the accommodation huts and greenhouse are approximately 3.5m in height.

Development is connected to sustainable on Site infrastructures services

A2.1 Water storage is provided in tank/s with a minimum capacity to service the proposed use, including fire fighting capacity, and Access to the tank/s for fire trucks. Tank/s to be fitted with a 50mm ball valve with a camlock fitting and installed and connected prior to occupation and sited so as to be visually unobtrusive.

Complies A 20,000 rainwater tank is proposed to be located on site to provide for fire fighting purposes. Additionally, a 5,000L rainwater tank and water bore are provided on-site for potable water supply.

Water storage tanks are to be fitted with screening at the inlet to prevent the intrusion of leaves and insects.

All buildings on the subject site are to be fitted with Solar Panels to provide on-site electricity and hot water. A diesel generator will be stored on site as and used for back-up electricity supply, when required.

Assessable Development

2

A2.2 On any roof exceeding 100 m , gutters are installed and the flow diverted to a storage tank. A2.3 An environmentally acceptable and energy efficient power supply is constructed, installed and connected prior to occupation and sited so as to be screened from the road.

Onsite wastewater does not adversely impact on the environmental quality of the water and soil resources or the amenity of residents, through the implementation of best environmental practices

The sustainability of the natural water resources of the area is protected for ecological and domestic consumption purposes

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(Information that the Council may request to demonstrate compliance with the Performance Criteria is outlined in Planning Scheme Policy No 10 – Reports and Information the Council May Request, for code and impact assessable development). Not Acceptable Solution. (Information that the Council may request to demonstrate compliance with the Performance Criteria is outlined in Planning Scheme Policy No 10 – Reports and Information the Council May Request, for code and impact assessable development). A4.1 If groundwater is to be used development is limited to one bore per site and the bore is:  Not located within 100 metres of a septic disposal

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Complies The proposed development includes a ‘EarthSafe D10 waste water treatment’ system. Further details of on-site waste water treatment will be undertaken as part of a future Operational Works application. Complies The subject site maintains an existing bore for water supply. There are no changes proposed to the existing

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Performance Criteria

Acceptable Solutions trench (on the Site or adjoining Sites); 

and not located within 100 metres of another bore.

A4.2 Surface water is to be used for domestic purposes only.

Development does not adversely on areas of sensitive natural vegetation, foreshore areas, Watercources and areas of tidal inundation which contribute to the Scenic Amenity and the natural vales of the Locality

Development is subservient to the surrounding natural environment in scale and intensity and is designed to be energy efficient and functional in a humid tropical rainforest environment.

Not Acceptable Solution. (Information that the Council may request to demonstrate compliance with the Performance Criteria is outlined in Planning Scheme Policy No 10 – Reports and Information the Council May Request, for code and impact assessable development). A6.1 The exterior finishes and colours of Buildings are nonreflective and complement the colours of the surrounding vegetation and viewshed. A6.2 Buildings must be designed such that natural light is maximized and the need for internal lighting during daylight hours is minimized. A6.3 The development incorporates building design features and architectural elements detailed in Planning Scheme Policy No 2 – Building Design and Architectural Elements. A6.4 The noise of generators is controlled by design or the generator is enclosed in a sound insulated building with a residential approved muffler. The noise level generated is less than 65 dBA when measured from a distance of 7 metres. A6.5 Any fuel storage associated with an on-site generator and storage of 20 Litres or more of fuel is enclosed in a building and bunded.

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Proposal use of this water bore. An on-site septic disposal unit is proposed to be located on the subject site to service the development. Soil testing and the location of the device and will be undertaken and determined as part of a future Operational Works application. It is noted however that in accordance with the Queensland Plumbing and Wastewater Code that the minimum separation distance between on-site sewerage facilities (primary treatment) and a bore likely to be used for human consumption is 50m. The site has sufficient area to comply with this minimum requirement. Further detailed assessment will be undertaken as part of a future Operational Works application. Not Applicable The subject site does not maintain areas of sensitive natural vegetation, foreshore areas, watercourses or areas of tidal inundation.

Complies A6.1 – The exterior finishes and colours of the buildings will reflect that of the surrounding natural environment. A6.2 - A6.3 – The buildings will be energy efficient, providing openings for natural daylight and air flow, whilst also incorporate features from the Planning Scheme Policy. A6.4 – A diesel generator is proposed to be stored on site and used for back-up electricity supply when required. The generator will only be used periodically; however noise levels will controlled to be less than 65 dBA when measured from a distance of 7 metres. A6.5 – Diesel will be stored on the subject site to fuel tractor, mower, bus, four-wheeler (ATV) and generator. Fuel will be stored within the barn, and where exceeding 20L, it will be bunded.

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Performance Criteria

Acceptable Solutions

Proposal

Landscaping of development Sites ensures the native landscape character of the Locality is dominant.

A7.1 Landscaping utilises only native species and complies with the requirements of Planning Scheme Policy No 7 – Landscaping.

Complies Landscaping on the site will reflect the existing environment and use native species only. A detailed design of Landscaping will be provided as part of a future Operational Works application.

AND

Site Access driveways and Roads within the Locality are retained as safe, slow speed, scenic drives.

All of the existing Landscaping to be retained and all of the proposed Landscaping is 100% endemic or native species and the details are provided on a Landscape Plan. A8.1 Site Access driveways and existing or proposed Roads comply with the relevant requirements of Planning Scheme Policy No 6 – FNQROC Development Manual and are maintained as low speed gravel Roads to maintain the scenic drive experience and to discourage the use of Roads by through-traffic.

Complies There are no changes to the existing on-site gravel access driveway on the subject site.

AND

The onsite impacts on natural flow regimes and erosion and sedimentation are minimised.

Where existing Roads/tracks are 4 wheel drive only, upgrading to facilitate conventional vehicles and an increase in throughtraffic does not occur. A9.1 Excavation and Fill is kept to a minimum and involves not more than 5% of the cleared area of the lot. A9.2 All exposed surfaces must incorporate erosion and sediment controls during construction and must be maintained until revegetation or other permanent stabilization has occurred. A9.3 There is no disturbance to tree roots and trenching does not involve any damage to tree roots.

The land use aspirations in any Indigenous Land Use Agreement (ILUA) are acknowledged and facilitated.

September 2013

A9.4 On Site drainage and stormwater management: P1 maintains natural flow regimes; P2 minimises impervious surfaces; P3 avoids concentration of flows, but where there is any form of concentration of flow, energy dissipation measures are installed at the outlet to avoid erosion (eg: rock rip rap, gravel beds, diffusers etc). A10.1 Development is consistent with any ILUA relating to the land and the relevant provisions of the Planning Scheme.

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Complies Excavation & fill and on-site drainage & stormwater management will be undertaken on site in accordance with Council requirements. Detailed design of Excavation & fill and on-site drainage & stormwater will be provided as part of a future Operational Works application.

Complies The subject site does not maintain an ILUA.

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General Requirements – House Performance Criteria

Acceptable Solutions

Proposal

A11.1 The elements of development and Access to the site are included in a Designated Development Area (DDA).

Complies The proposed development is located within an existing cleared area on the subject site, nominated as the DDA in accordance with Appendix B – Proposal Plan. There will be no additional clearing as a result of the proposed development.

Assessable Development Development minimises the loss of vegetation and habitat connectivity on Site and is sited to protect the environmental values of the Site6.

A11.2 Development is sited in an existing cleared area or in an area approved for Clearing under the Local Law – Vegetation Management but which is not cleared until a Building Permit is issued. 2 Any new Clearing is limited to a maximum area of 700m and is 2 sited clear of the High Bank of any Watercourse. (The 700m area of new Clearing does not include an access driveway All existing native vegetation on a House Site, other than that required and approved to be cleared to provide for the construction of a House and Access thereto, is protected to ensure the environmental integrity of the Locality.

Wildlife movement, fauna habitat and habitat corridors are protected and domestic impacts minimised.

Not Acceptable Solution. (Information that the Council may request to demonstrate compliance with the Performance Criteria is outlined in Planning Scheme Policy No 10 – Reports and Information the Council May Request, for code and impact assessable development). A13.1 Fences are limited in extent to the confines of the cleared area around the House and any associated gates are selfclosing. A13.2 External lighting is to be kept to the minimum necessary for orientation, safety and security. Flood lights must not point up and areas of retained vegetation should, in general, not be illuminated. Where appropriate, outdoor lights are controlled by movement detectors and/or have timers.

House Sites have efficient and safe vehicle Access and manoeuvring areas on Site and to the Site to an acceptable standard for the Locality.

A14.1 Vehicle Access is limited to one access per lot and sited in an approved location clear of significant vegetation, any Watercourse or steep slopes.

Not Applicable The proposed development does not involve new clearing on the subject site. Not Applicable The proposed development does not involve new clearing on the subject site.

Complies There are no changes proposed to the on-site fencing arrangements. Lighting will be providing along pedestrian access, car parking areas, reception and dining, greenhouse and barn and accommodation areas. All lighting will be powered by solar panels, with detailed design to be undertaken as part of a future Operational Works application. Complies There are no changes to the existing on-site gravel access driveway and crossover to Ironbark Road.

A14.2 Vehicular Access, with a maximum width of 4 metres, follows the contours of the Site, avoids large tree specimens or significant vegetation and habitat corridors and is constructed and maintained to a minimum gravel standard of 75 mm of road base on a compacted soil surface. A14.3 Vehicular Access is constructed prior to the construction

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of the House. General Requirements – Tourist and Commercial / Community Development Performance Criteria

Acceptable Solutions

Proposal

Assessable Development Not Applicable Specific Provisions for the Settlement area of Degarra/Bloomfield Assessable Development Not Applicable Specific Provisions for the Settlement area of Daintree Lowlands Northern Management Area – Cape Tribulation to Thornton Beach Performance Criteria

Acceptable Solutions

Proposal

Assessable Development Not Applicable Central Management Area – Upper Cooper Creek to McLean Creek Rainforest Conservation Precinct Performance Criteria

Acceptable Solutions

Proposal

Acceptable Solutions

Proposal

A28.1 Development in the Rainforest Residential Precinct is limited to one House per lot.

Complies – A28.1 The proposed development includes one House only on the subject site.

Assessable Development Not Applicable Rainforest Residential Precinct Performance Criteria Assessable Development Land included in the Rainforest Residential Precinct is only developed for a House and Bed and Breakfast Accommodation where it can be demonstrated that the scale of the Bed and Breakfast Accommodation can establish on the site and not detrimentally impact on the environmental or scenic values of the Site and the surrounding area.

A28.2 Establishment of Bed and Breakfast Accommodation only occurs on land in the Rainforest Residential Precinct on which a House has been approved and constructed. AND Is limited to existing cleared areas on the land confirmed by Council’s Environmental Officer as a preferred location/s

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Complies – A28.2 The proposed development is for a House and Home Based Business (Bed and Breakfast). During prelodgement discussions with Council, refer to section 2.2 of the Town Planning Report and Appendix Pages, Council has advised that a combined application is

31


for development, in order to protect the integrity of existing vegetation on the site.

acceptable, in this instance. It is on this basis the proposed development has been lodged with Council.

EXCEPT THAT Bed and Breakfast can establish within an existing House where there is no existing cleared area to facilitate development in separate building/s. A28.3 Bed and Breakfast Accommodation only establishes in accordance with the following criteria:  a maximum of 3 bedrooms (6 Bed Spaces) where a site has a minimum area of 3 hectares.

Alternative Solution – A28.3 The proposed development incorporates bed spaces for up to 20 persons (including 2 persons residing within the house) therefore the proposed development cannot comply with the listed Acceptable Solution of the code. Refer to Section 6.5.1 of the Town Planning Report for further discussion on the compliance with the correspondence Performance Criteria.

Rainforest Tourism Precinct Performance Criteria

Acceptable Solutions

Proposal

Acceptable Solutions

Proposal

Acceptable Solutions

Proposal

Acceptable Solutions

Proposal

Assessable Development Not Applicable Rainforest Commercial / Community Precinct Performance Criteria Assessable Development Not Applicable Eastern Management Area – Cow Bay Rainforest Conservation Precinct Performance Criteria Assessable Development Not Applicable Rainforest Residential Precinct Performance Criteria Assessable Development Not Applicable

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Rainforest Tourism Precinct Performance Criteria

Acceptable Solutions

Proposal

Acceptable Solutions

Proposal

Assessable Development Not Applicable Rainforest Commercial / Community Precinct Performance Criteria Assessable Development Not Applicable Specific Provisions for the Settlement areas of Forest Creek and Cape Kimberley Performance Criteria

Acceptable Solutions

Proposal

Assessable Development Not Applicable

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CONSERVATION PLANNING AREA CODE Performance Criteria

Acceptable / Probable Solutions

Proposal

A1.1 Uses identified as inconsistent uses in the Assessment Tables are not established in the:

Complies The proposed development is identified as consistent within the Assessment Tables of the Settlement Areas North of the Daintree River Locality.

Assessable Development Consistent and Inconsistent Uses - General The establishment of uses is consistent with the outcomes sought for the Conservation Planning Area.

Conservation Planning Area.

OR 

Site Coverage The Site Coverage of all Buildings does not have an adverse effect on the conservation or Scenic Amenity values of the Site and Buildings are subservient to the natural environment.

In the four Precincts included in the Conservation Planning Area in the Settlement Areas North of the Daintree River Locality

A2.1 Development is sited in an existing cleared area or in an area approved for Clearing under the Local Law – Vegetation Management but which is not cleared until a Building Permit is issued. Any Clearing is limited to a maximum area of 700 m2 and is sited clear of the High Bank of any Watercourse.

Complies There is no clearing proposed as part of the development. The subject site maintains an existing cleared area in which the use will operate.

(The 700 m2 area of new Clearing does not include an access driveway.) Building/Structure Setbacks Buildings/structures are Setback from the boundaries of the Site so they are screened from view from the boundaries of adjoining properties and adjoining Roads and so that the Scenic Amenity values of the area are not adversely affected.

Buildings/structures are Setback from Watercourses and other sensitive areas to ensure the environmental values of the area are not adversely affected.

September 2013

A3.1 Buildings are Setback not less than: 

a minimum of 40 metres from the Frontage of a StateControlled Road; or

a minimum of 25 metres from Cape Tribulation Road Frontage; or

20 metres from the Frontage to any other Road; and

10 metres from the side and rear boundaries.

No Acceptable Solution (Information that the Council may request to demonstrate compliance with the Performance Criteria is outlined in Planning Scheme Policy Cardno HRP13260

Complies The proposed development will be set back approximately 200m and 250m from Ironbark Road and Cape Tribulation Road respectively.

Not Applicable There are no existing watercourses and or other sensitive land uses within the locality of the proposed development.

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Performance Criteria

Acceptable / Probable Solutions

Proposal

No 10 – Reports and Information the Council May Request, for code and impact assessable development). Residential Density Residential density of any development is very low to ensure that the conservation and Scenic Amenity values of the Site and the surrounding area are not adversely affected.

Landscaping Landscaping incorporates endemic/native vegetation, is informal in character and complementary to the existing natural environment, provides screening and enhances the visual appearance of the development34.

No Acceptable Solution. (Information that the Council may request to demonstrate compliance with the Performance Criteria is outlined in Planning Scheme Policy No 10 – Reports and Information the Council May Request, for code and impact assessable development). A6.1 For any development, the balance area of the Site not built upon must be landscaped/revegetated, predominantly with native vegetation and in accordance with the Plant Species Schedule in Planning Scheme Policy No 7 – Landscaping.

Complies The proposed development is for a Bed and Breakfast. The maximum number of persons residing on the site at any given time will be 20. It is considered that the proposed development will not impact on the scenic amenity of the locality.

Complies Landscaping on the site will reflect the existing environment and use native species only. A detailed design of Landscaping will be provided as part of a future Operational Works application.

A6.2 Landscaping must be informal in character. A6.3 At the time that a Site is developed for any purpose, the Road Frontage Setback areas are landscaped/revegetated so that 10 metres of the Setback area immediately adjacent to any Road Frontage, where the minimum total Setback required is 20 metres or greater, is landscaped with Dense Planting. Environmental Values – General Development does not adversely impact on the natural environment, natural vegetation or Watercourses.

Development is complementary to the surrounding environment.

No Acceptable Solution (Information that the Council may request to demonstrate compliance with the Performance Criteria is outlined in Planning Scheme Policy No 10 – Reports and Information the Council May Request, for code and impact assessable development). A8.1 Development harmonises with the surrounding environment, for example, through suspended, light weight construction on sloping Sites, which requires minimal excavation and fill. A8.2 A Development is subservient to the natural landscape in scale and in the use of exterior colours and finishes. A8.3 Any driveway or car park is constructed and maintained

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Complies It is considered that the proposed development is minor in scale, and will not adversely impact on the natural environment or vegetation within the locality. The subject site does not maintain Remnant Vegetation or Watercourses. Complies The proposed development is considered to reflect the surrounding environment, complementing the locality through the use of natural materials and ‘eco’ friendly services. A detailed design of the proposed development and materials to be used will be undertaken as part of a future Building Works and Operational Works application.

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Performance Criteria

Acceptable / Probable Solutions

Proposal

to: P1 minimise erosion, particularly in the wet season; and P2 minimise cut and fill; P3 follow the natural contours of the Site; and P4 minimise vegetation Clearing. Sloping Sites Building/structures are designed and sited to be responsive to the constraints of sloping Sites.

A9.1 Building/structures are Erected on land with a maximum slope not exceeding 15%.

There are no changes proposed to the existing driveway. A detail design of the proposed car parking area will be undertaken as part of a future Building Works and Operational Works application.

Not Applicable The subject site does not maintain slopes greater than 15%.

OR Development proposed to be Erected on land with a maximum slope between 15% and 33% is accompanied by a Geotechnical Report prepared by a qualified engineer at development application stage. OR Development proposed to be Erected on land with a maximum slope above 33% is accompanied by a Specialist Geotechnical Report prepared by a qualified engineer at development application stage which includes signoff that the Site can be stabilised. AND Any Building/structures proposed to be Erected on land with a maximum slope above 15% are accompanied by an additional Geotechnical Report prepared by a qualified engineer at building application stage. (Information that the Council may request as part of the Geotechnical Report are outlined in Planning Scheme Policy No 10 – Reports and Information the Council May Request, for code and impact assessable development.)

The building style and construction methods used for development on sloping Sites are responsive to the Site constraints.

September 2013

A10.1 A split level building form is utilised. A10.2 A single plane concrete slab is not utilised.

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Not Applicable The subject site is not constrained by slope. A detail design of the proposed buildings will be undertaken at Building Works application and Operational

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Performance Criteria

Acceptable / Probable Solutions

Proposal Works stage.

Development on sloping land minimises any impact on the landscape character of the surrounding area.

A10.3 Any voids between the floor of the Building and Ground Level, or between outdoor decks and Ground Level, are screened from view by using lattice/batten screening and/or Landscaping. A11.1 Buildings/structures are sited below any ridgelines and are sited to avoid protruding above the surrounding tree level. A12.1 All stormwater drainage discharges to a lawful point of discharge and does not adversely affect downstream, upstream, underground stream or adjacent properties.

Complies Detail design of stormwater and on-site drainage will be undertaken as part of a future Operational Works application. Stormwater will be discharged to the ground and returned to a sheet flow prior to exiting the property.

Development on sloping land ensures that the quality and quantity of stormwater traversing the Site does not cause any detrimental impact to the natural environment or to any other Sites.

Sustainable siting and Design of Houses on Sloping sites A House sited on hillside land is sited in an existing A13.1 A House is sited in an existing cleared area or in an cleared area, or in an area approved for Clearing area approved for Clearing under the Local Law – Vegetation Management but which is not cleared until development occurs. The Clearing is limited to a maximum area of 700 m2 and is sited clear of the High Bank of any Watercourse.

Not Applicable The site has minimal gradient and is not associated within any ridgeline.

Complies There is no clearing proposed as part of the development. The subject site maintains an existing cleared area in which the use will operate.

(The 700 m2 area of Clearing does not include an access driveway.)

A House sited on hillside land is sited so that it is not clearly visible from any public Road.

A13.2 The approved area for the Clearing of the House is not cleared until a Building Permit is issued. A14.1 A House is Setback a minimum of 25 metres from Cape Tribulation Road or 20 metres from any other Road Frontage.

A House sited on hillside land is sited and designed so that it is subservient to the surrounding natural environment.

A15.1 A House is effectively screened from view by existing native trees planted in designated Setback area/s, or by the planting of additional native trees endemic to the local area.

Complies Due to the slope of the site and existing dense vegetation, the proposed development will not be visible from either road frontage.

The exterior finishes of a House complements the surrounding natural environment.

A16.1 The exterior finishes and colours of Building/s are non reflective and complement the colours of the surrounding vegetation and viewshed.

Complies The proposed development is considered to reflect the surrounding environment, complementing the locality through the use of natural materials and ‘eco’ friendly services.

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Complies The proposed development will be set back approximately 200m and 250m from Ironbark Road and Cape Tribulation Road respectfully.

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Performance Criteria

Acceptable / Probable Solutions

Proposal

A House is designed to be energy efficient and functional in a humid tropical rainforest environment.

A17.1 The development incorporates building design features and architectural elements detailed in Planning Scheme Policy No 2 – Building Design and Architectural Elements.

Complies The proposed development incorporates design features to be energy efficient and functional for the proposed use and within the locality.

Acceptable / Probable Solutions

Proposal

A1.1 The Home Based Business is conducted by residents of the House and no more than 2 persons, who are not residents of the House, employed in association with the business.

Complies – A1.1 A1.1 - The Home Based Business will operate from the House on the subject site, with no more than 2 external persons employed by the business.

HOME BASED BUSINESS CODE Performance Criteria Assessable Development Siting and Design P1 The Home Based Business is compatible with adjacent uses and is small scale and secondary to the primary residential use.

A1.2 The Home Based Business is located within the House and is limited to a designated area of the House which is less than one third of the entire roofed area of the House. OR

P2 The Home Based Business provides adequate car parking on Site for the traffic generated by the use in association with car parking for the residents.

P3 Any new Building/s to be Erected in association with a Home Based Business complement existing Buildings on Site and create no significant visual impacts from adjoining public Roads.

If the Home Based Business (other than Bed & Breakfast, Forest Stay and Host Farm Accommodation) is located separate to the House, it is located in only one Building which has a maximum area of 30m2; and is located within 20 metres of the House. A2.1 Car parking is located to provide easy Access to the premises from which the Home Based Business will operate.

Refer to Section 6.5.3 of the Town Planning Report for further discussion on the compliance with the correspondence Performance Criteria.

A3.1 Buildings are small scale and low key and are designed to be in character with the predominant built character and streetscape of the area.

Complies The subject site is currently vacant, with no adjoining buildings within close proximity.

AND The exterior building materials and colours are consistent with any existing Buildings on Site and complement the surrounding natural landscape.

September 2013

Alternative Solution – A1.2 The Home Based Business does not solely operate from the House, but is integrated with the house.

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Complies Car parking is proposed to be located at the front of the Bed and Breakfast, within close proximity to the House, ‘Accommodation Huts’, Reception and Dinning and other on-site facilities.

The proposed development is considered to reflect the surrounding environment, complementing the locality through the use of natural materials and ‘eco’ friendly services.

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Performance Criteria P4 The Home Based Business does not adversely affect the amenity of the locality containing the Site.

Acceptable / Probable Solutions A4.1 The Home Based Business does not produce any odour, dust, vibration or electrical interference which is detectable at the boundary of the Site. A4.2 The Home Based Business does not produce any noise which exceeds the background noise level plus 5dB(A) (8.00 am to 6.00 pm). A4.3 No more than one commercial vehicle, not exceeding 4.49 tonnes gross vehicle mass is associated with the Home Based Business and is garaged/parked on the Site. A4.4 No vehicle or machinery is fuelled, serviced or repaired on the Site. 2

A4.5 No sign other than a sign not exceeding 0.3 m and having only the name and occupation of the operator/operation is displayed. A4.6 The Home Based Business (other than Bed and Breakfast, Forest Stay and Host Farm Accommodation) is conducted between the hours of 8.00 am to 6.00 pm Monday to Friday and 8.00 am to 6.00 pm Saturday. The Home Based Business is not conducted at all on Sundays or on Public Holidays

Proposal Complies A4.1 – The Home Based Business is for a Bed and Breakfast. Odours, vibrations or electrical interference will not occur as a result of the proposed development. Complies A4.2 - The Bed and Breakfast is proposed to operate 24hrs/day and 7 days a week. It is not considered that the use will create excessive noise levels outside of the hours prescribed. Complies A4.3 – A bus will be used by the owner of the property to provide tours of the subject site and the locality to the site visitors. This bus will be used upon demand and guest numbers at such time (i.e. if only two guests, a single vehicle can be used. If six guests, the bus will be used). When not in use, the bus will be stored in the barn. Alternative Solution A4.4 – The proposed development includes the use of a tractor, mower, four-wheeler (ATV) and bus stored and used on site, primarily for maintenance purposes. Furthermore, a generator will be used for back-up electricity supply to solar panels. Diesel will be stored on site to cater for these uses. It is anticipated that more than 20L of diesel will be stored on the site. Refer to Section 6.5.3 of the Town Planning Report for further discussion on the compliance with the correspondence Performance Criteria. Complies A4.5 – Signage is not proposed as part of the proposed development. Any signage will be undertaken as part of a future Signage Application. Complies A4.6 – The proposed development is for a Home Based Business (Bed and Breakfast).

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Performance Criteria

Acceptable / Probable Solutions

Ben and Breakfast Accommodation – Additional Provisions P5 In the case of Bed and Breakfast A5.1 In Urban Areas no more than 2 bedrooms (a maximum of Accommodation, the accommodation remains 4 Bed Spaces) and optional ensuites within a House are used ancillary to the primary residential use. for Bed and Breakfast Accommodation for the travelling public.

Proposal Complies A5.1 - A5.2 – The subject site is not located within an Urban area.

A5.2 In Urban Areas no kitchen or cooking facilities, with the exception of those located within the existing House on the Site, are provided in association with the Bed and Breakfast Accommodation.

A5.3 - A5.5 – The subject site is located in the ‘Settlement Areas North of the Daintree River”. Refer to Code Compliance for Rainforest Residential Precinct within the Locality Code.

A5.3 In Other Areas, no more than 4 bedrooms (a maximum of 8 Bed Spaces) and optional ensuites are used for Bed and Breakfast Accommodation for the travelling public.

A5.6 – Refer to Code Compliance for Rainforest Residential Precinct within the Settlement Areas North of the Daintree River Locality Code.

A5.4 In Other Areas, Bed and Breakfast Accommodation can be located in a maximum of 4 separate Building/s to the existing House, provided that each Building is a maximum of 50m2 (inclusive of verandahs, patios etc) and located within 20 metres of the existing House and on the same lot. A5.5 In Other Areas, no kitchen or cooking facilities, with the exception of those located within the existing House on the Site, are provided in association with the Bed and Breakfast Accommodation. A5.6 In the Settlement Areas North of the Daintree River Locality the maximum number of bedrooms, (Bed Spaces), is as set out in the Locality Code and with all other relevant provisions for Other Areas set out above, in A5.4 and A5.5, being applicable. Forest Stay Accommodation – Additional Provisions Not Applicable – The proposed development is for a Homes Based Business (Bed and Breakfast) Host Farm Accommodation – Additional Provisions Not Applicable – The proposed development is for a Homes Based Business (Bed and Breakfast)

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HOUSE CODE Performance Criteria

Acceptable / Probable Solutions

Proposal

A1.1 A lot contains no more than one House.

Complies The proposed development includes one (1) house on the subject site, with the proposed Home Based Business 2 total use area being approximately 750m , being approximately 0.75% of the site area.

Assessable Development P1 Buildings on a lot have the appearance and bulk of a single House with ancillary Outbuildings.

A1.2 Ancillary Outbuildings have a maximum Site Coverage of 10% of the balance area of the Site not otherwise taken up by the House. P2 The House is used for residential purposes.

A2.1 The House is used by one Household.

Complies There will be only one household associated with the House and Home Based Business.

P3 Resident’s vehicles are accommodated on Site and are sited to minimise the dominance of car accommodation on the streetscape.

A3.1 A minimum of 2 vehicle spaces are provided on Site and may be provided in tandem.

Complies A total of twelve (12) car parking spaces are provided on site for household and visitors parking.

A3.2 At least one garage, carport or designated car space must be located at least 6 metres from the Main Street Frontage.

Complies All proposed car parking spaces will be located greater than 6m from the frontage of the site. That being, set back approximately 200m from the road frontage in close proximity to the proposed land uses.

DESIGN AND SITING OF ADVERTISING DEVICES CODE Performance Criteria

Acceptable / Probable Solutions

Proposal

Assessable Development There are no advertising devices proposed as part of the development. It is therefore considered that the proposed development complies with the purposes of the code. No further assessment has been undertaken.

FILLING AND EXCAVATION CODE Performance Criteria

Acceptable / Probable Solutions

Proposal

Assessable Development There is no Fill and Excavation anticipated to occur on the subject site as result of the proposed development. However, this will be addressed as part of detail design undertaken in a future Operational Works Application.

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LANDSCAPING CODE Performance Criteria

Acceptable / Probable Solutions

Proposal

Assessable Development Landscaping on the site will reflect the existing environment and use native species only. A detailed design of Landscaping will be provided as part of a future Operational Works application.

VEHICLE PARKING AND ACCESS CODE Performance Criteria

Acceptable / Probable Solutions

Proposal

A1.1 The minimum number of vehicle parking spaces provided on the Site is not less than the number prescribed in Schedule 1 of this Code for the particular use or uses. Where the number of spaces calculated from the Schedule is not a whole number, the number of spaces provided is the next highest whole number.

Complies In accordance with the Schedule 1 – Car Parking Requirements of the Code, a Bed and Breakfast requires ‘1 car space per bedroom / 2 bed spaces’ plus standard requirements for a House (2 spaces). The proposed development incorporates 12 bed spaces for visitors, therefore requiring a total of 6 car parking spaces. The development proposes to include 12 car parking spaces in total.

A2.1 For parking areas with a total number of ordinary vehicle spaces less than 50, wheelchair accessible spaces are provided as follows:

Complies On-site parking for persons with disabilities will be provided as part of the development in accordance with

Assessable Development P1 Sufficient parking spaces are provided on the Site to accommodate the amount and type of vehicle traffic expected to be generated by the use or uses of the Site, having particular regard to: 

the desired character of the area in which the Site is located;

the nature of the particular use and its specific characteristics and scale;

the number of employees and the likely number of visitors to the Site;

the level of local accessibility;

the nature and frequency of any public transport serving the area;

whether or not the use involves the retention of an existing Building and the previous requirements for car parking for the Building;

whether or not the use involves an identified Valuable Conservation Feature and Valuable Site; and

whether or not the use involves the retention of significant vegetation.

Parking for People with Disabilities P2 Parking spaces are provided to meet the needs of vehicle occupants with disabilities 49 .

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Performance Criteria

Acceptable / Probable Solutions

Proposal

Medical, higher education, entertainment facilities and shopping centres – 2 spaces;

All other uses – 1 space.

Council requirements. The design of the car parking area and line marking will be undertaken as part of a future Operational Works application.

A2.2 For parking areas with 50 or more ordinary vehicle spaces, wheelchair accessible spaces are provided as follows: 

Medical, higher education, entertainment facilities and shopping centres – 3% (to the closest whole number) of the total number of spaces required;

• All other uses – 2% (to the closest whole number) of the total number of spaces required.

Not Applicable The proposed development does not incorporate more than 50 car parking spaces.

Motor Cycles P3 In recognition that motorcycles are low Road-space transport, a proportion of the parking spaces provided may be for motorcycles. The proportion provided for motor cycles is selected so that: 

ordinary vehicles do not demand parking in the spaces reserved for motor cycles due to capacity constraints; and,

it is a reflection of the make-up of the likely vehicle fleet that uses the parking; and,

it is not a reflection of the lower cost of providing motorcycle parking.

A3.1 Parking for motorcycles is substituted for ordinary vehicle parking to a maximum level of 2% per cent of total ordinary parking. AND The motorcycle parking complies with other elements of this Code.

Not Applicable As the subject site proposes a total of 12 car parking spaces, 2% of such equates to 0.24 motorcycle parking spaces to be designated for motorcycles. As such, a designated motorcycle parking space is not provided as part of the proposed development.

A4.1 For parking areas exceeding 100 spaces for short term users or 50 spaces for long-term users, parking is provided for compact vehicles as a substitute for ordinary vehicle parking so that:

Not Applicable The proposed development does not incorporate more than 100 or 50 car parking spaces for short or long term users respectively.

Compact Vehicles P4 A proportion of the parking spaces provided may be for compact vehicles. The proportion of total parking provided for compact vehicles is selected considering: 

compact vehicles spaces are not available to non-compact vehicles; and,

it is a reflection of the proportion of the likely vehicle fleet that uses the parking; and,

compact vehicle spaces are located so as to be proximate to pedestrian destinations such that they present significant inclination for use by users

September 2013

compact vehicle parking does not exceed 10% of total vehicle parking required; and,

the parking location is proximate to the entry locations for parking users; and,

the parking provided complies with other elements of this Code

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Performance Criteria

Acceptable / Probable Solutions

Proposal

A5.1 The minimum number of bicycle parking spaces provided on Site is not less than the number prescribed in Schedule 1 of this Code, for the particular use or uses.

Not Applicable In accordance with the Schedule 1 – Car Parking Requirements of the Code, a Bed and Breakfast is not required to provide on-site bicycle parking spaces.

A6.1 The location of the Access points is in accordance with the provisions of the relevant Australian Standards. AND Where the Site has Frontage to more than one street, the Access is from the lowest order street.

Complies The proposed development maintains an existing single access point from Ironbark Road and on-site gravel track. There are no changes proposed to the existing access arrangements to the subject site.

of compact vehicles; and, 

the scale of parking spaces, likely users and the likely degree of familiarity with the availability of such spaces.

Bicycles Parking P5 Sufficient bicycle parking spaces with appropriate security and end of trip facilities are provided on-Site to accommodate the amount of bicycles expected to be generated by the use or uses. Vehicle Access to the Site P6 The location of Access points minimises conflicts and is designed to operate efficiently and safely taking into account: 

the amount and type of vehicular traffic;

the type of use (eg long-stay, short-stay, regular, casual);

Frontage Road traffic conditions;

the nature and extent of future street or intersection improvements;

current and future on-street parking arrangements;

the capacity of the adjacent street system; and

the available sight distance.

A6.2 All redundant Accesses must be removed and a suitable barrier Erected to prevent further use of the Access. A6.3 Only one Access point is to be provided to each Site unless stated otherwise in another Code.

Accessibility and Amenity for Users P7 On-Site vehicle parking is provided where it is convenient, attractive and safe to use, and does not detract from an attractive or existing streetscape character.

September 2013

A7.1 Short term visitor parking is provided at the front or on the main approach side of the Site, with easy Access to the Building entry, where such provision is in keeping with the desired character of the area in which the Site is located. AND In mixed use premises that include residential or accommodation uses (excluding, Port Douglas – Tourist Centre), at least 50% of the required number of parking spaces for the non-residential use/s on the Site is provided in an easily accessible location on the premises, so as to be convenient to use for customers and other visitors.

Cardno HRP13260

Complies The proposed development incorporates twelve (12) onsite car parking spaces for the household and visitors to the Bed and Breakfast. All parking spaces have been provided at the main entrance to the land use, within close proximity to the main reception and accommodation area.

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Performance Criteria

Acceptable / Probable Solutions

Proposal

P8 The layout of parking areas provides a high degree of amenity and accessibility for different users.

A8.1 The layout of the parking area provides for the accessibility and amenity of the following:

Complies The proposed development provides for parking, accessibility and manoeuvrability of all vehicle types and standards on the subject site where associated with the Bed and Breakfast.

People with Disabilities

Cyclists

Motorcyclists

Compact Vehicles

Ordinary Vehicles

Service Delivery Vehicles.

Not Applicable In accordance with the Schedule 1 – Car Parking Requirements of the Code, covered car parking spaces are not required.

A8.2 Where covered parking areas are required in accordance with Schedule 1 of this Code, sails or other secure structural forms of covering provide shade and weather protection for vehicles and passengers. Access Driveways P9 The dimensions of Access driveways cater for all vehicles likely to enter the Site and minimises the disruption of vehicular, cyclist and pedestrian traffic.

A9.1 Access driveways are designed in accordance with the provisions of the relevant Australian Standards.

Complies The subject site maintains an on-site gravel track. There are no changes proposed to the existing access driveway.

P10 The surface construction materials of Access driveways within the Road reserve contribute to the streetscape and alerts pedestrians to the location of the driveway.

A10.1 Surface construction materials are consistent with the current or intended future streetscape or character of the area and contrast with the surface construction materials of any adjacent footpath.

Complies The subject site maintains an on-site gravel track. There are no changes proposed to the existing access driveway.

A11.1 Access for people with disabilities is provided in accordance with the relevant provisions of the Australian Standards.

Complies The subject site maintains an on-site gravel track. There are no changes proposed to the existing access driveway.

A12.1 Defined, safe pedestrian pathways are provided to the Building entry from the parking area and from the street.

Complies Pedestrian pathways are provides between all ‘accommodation huts’, enabling safe pedestrian movement on the subject site. A detailed design of pedestrian movements from the car parking area will be undertaken as part of a future

Access for People with Disabilities P11 Access for people with disabilities is provided to the Building from the parking area and from the street.

Access for Pedestrians P12 Access for pedestrians is provided to the Building from the parking area and from the street.

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Performance Criteria

Acceptable / Probable Solutions

Proposal Operational Works application.

Access for Cyclists P13 Access for cyclists is provided to the Building or to bicycle parking area from the street.

A13.1 Access pathways for cyclists are provided in accordance with the relevant provisions of the Australian Standards. AND Where Access for cyclists is shared with Access for pedestrians and vehicles, the shared use is identified by signage and line marking.

Not Applicable The subject site is not located within in an Urban Area. It is not anticipated that cyclists will access the subject site.

A14.1 Car parking for the disabled, ordinary car parking spaces and motorcycle parking spaces meet the requirements of the relevant Australian Standards. AND Parking spaces for special vehicles that are classified in accordance with the relevant Australian Standards meet the requirements of that Standard. AND Parking spaces for standard sized buses have the following minimum dimensions:

Complies A detailed design of the car parking area will be provided as part of a future Operational Works application to Council.

Dimensions of Parking Spaces P14 Parking spaces have adequate areas and dimensions to meet user requirements.

width: 4 metres

length: 20 metres

 clear Height: 4 metres. AND Parking spaces for compact vehicles have the following minimum dimensions: 

15 per cent less in width measurements than required by Australian Standards for any ordinary vehicle; and,

20 per cent less in length measurements than required by Australian Standards for any ordinary vehicle. AND Parking spaces for special vehicles meet the requirements dictated by the vehicle dimensions and manoeuvring characteristics and provide sufficient

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Performance Criteria

Acceptable / Probable Solutions

Proposal

clearance to obstructions and adjacent vehicles to achieve a level of service to users equivalent to that specified by the relevant Australian Standards. A14.2 Parking spaces for bicycles meet the requirement of the relevant Australian Standard. On-site Driveways, Manoeuvring Areas and Parking / Standing Areas P15 On-Site driveways, manoeuvring areas and vehicle parking/standing areas are designed, constructed and maintained such that they: 

are at gradients suitable for intended vehicle use;

consider the shared movements of pedestrians and cyclists;

are effectively drained and surfaced; and

are available at all times they are required.

A15.1 On-Site driveways, vehicle manoeuvring and loading/unloading areas:  are sealed in urban areas: AND 

upgraded to minimise noise, dust and runoff in other areas of the Shire in accordance with the relevant Locality Code;

have gradients and other design features in accordance with the provisions of the relevant Australian Standards; and

Not Applicable The subject site is not located within an Urban Area. A detailed design of the car parking area will be provided as part of a future Operational Works application to Council. The subject site will maintain drainage to the rear to the site and will be undertaken as part of a future Operational Works application.

drain adequately and in such a way that adjoining and downstream land is not adversely affected. A15.2 Parking areas are kept and used exclusively for parking and are maintained in a suitable condition for parking. Vehicle Circulation, Queuing and Set Down Areas P16 Sufficient area or appropriate circulation arrangements are provided to enable all vehicles expected to use the Site to drive on and off the Site in forward gear.

A16.1 Circulation and turning areas comply with the provisions of the relevant Australian Standards.

Complies There are no changes proposed to the existing access to the subject site. A detailed design of the car parking area will be provided as part of a future Operational Works application to Council.

P17 An on-Site circulation system provides safe and practical Access to all parking, loading/unloading and manoeuvring areas.

A17.1 Circulation driveways comply with the provisions of the relevant Australian Standards.

Complies There are no changes proposed to the existing access to the subject site. A detailed design of the car parking area will be provided as part of a future Operational Works application to

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Performance Criteria

Acceptable / Probable Solutions

Proposal Council.

P18 Where vehicle queuing, set down or special vehicle parking is expected, sufficient queuing or parking area is provided to enable vehicles to stand without obstructing the free flow of moving traffic or pedestrian movement.

A18.1 Queuing and set down areas comply with the relevant Australian Standard and any relevant AUSTROAD Guidelines.

Not Applicable No queuing is expected to occur.

Acceptable / Probable Solutions

Proposal

A1.1 For residential buildings, each dwelling unit achieves a minimum 5 star BERS™ or NatHERS™ (or equivalent) energy rating. OR A1.2 For residential buildings: a) all door openings and windows in habitable rooms that face between north and south east and south west and north are fully shaded by adjustable external shutters or blinds, and b) glazed windows or door assemblies have a minimum WERS51 Rating of 3 stars for cooling, and c) all external walls (excluding windows and other glazing) achieve an overall R-value not less than R1.5, and d) all ceilings (excluding garages, open verandas and carports) achieve an overall R-value of R3.0, and e) all habitable rooms have: (a) have a window or door in opposite walls that are open-able to the outside; or have a direct flow path from an open-able window through the doorways or other openings within the dwelling unit to another window or opening to the outside; or

Complies The proposed development is for an ‘eco-tourism’ Bed and Breakfast.

SUSTAINABLE DEVELOPMENT CODE Performance Criteria Assessable Development Energy Efficiency Buildings are designed and sited to: 

maximise the thermal comfort achieved within the building using passive design measures; and

minimise the need for energy reliant cooling appliances to achieve accepted levels of thermal comfort.

September 2013

Cardno HRP13260

All residential buildings included in the proposed development will be designed to maximise on energy efficiency and natural air-flow.

48


Performance Criteria

Acceptable / Probable Solutions

Proposal

(b)

open directly onto an unobstructed breezeway that is a minimum of 900 mm wide and open-able at both ends with a 2 minimum 1.5m opening; or (c) have a minimum ceiling height of 2.7m and at least one ceiling fan. A1.3 For non-residential buildings:

P2 Hot water systems support the efficient use of natural resources and minimise consequent pollution such as greenhouse gas emissions.

glazed windows or door assemblies have a minimum WERS 52 Rating of 3 stars for cooling, and

all external walls (excluding windows and other glazing) achieve an overall R-value not less than R1.5, and

all ceilings (excluding garages, open verandas and carports) achieve an overall R-value of R3.0.

A2.1 For all buildings with individual hot water systems installed in each dwelling unit or tenancy, all hot water systems installed comprise: a. a system with a minimum of 24 Renewable Energy Certificates, or b. a natural gas system, or c. a liquid petroleum gas (LPG) system with a 5 star AGA Energy Rating Label.

Complies All ‘accommodation huts’ will be supplied with individual hot water systems, which will operate via solar panels on the roof of the huts. A diesel generator will be stored on site as and used for back-up electricity supply, when required.

A2.2 For all buildings with centrally installed hot water systems: (a) a low NOx gas water heating system/s supply hot water to all dwelling units or tenancies, or (b) solar water heaters supply hot water to all dwelling units or tenancies where less than 25% of water heating is provided by booster units, or (c) electric heat pump water heaters supply hot water to all dwelling units or tenancies, or (d) (d) a gas-fired cogeneration or fuel cell unit is installed which supplies electricity and uses waste heat for cooling/heating and hot water. P3 Where practicable, and consistent with density and

September 2013

No Acceptable Solution

Cardno HRP13260

Not Applicable

49


Performance Criteria

Acceptable / Probable Solutions

design provisions, residents should have access to a non-mechanical clothes drying area:

Proposal An individual laundry is not proposed as part of the development.

taking advantage of natural ventilation; and receiving ample sunlight, in a manner that does not impair visual amenity. A4.1 (a) (b) (c)

P5 All electrical appliances intended to be installed as standard into any residential building shall meet a minimum standard of 4 stars in accordance with the Australian Energy Rating Label.

A5.1 All: P1 Dishwashers; P2 Clothes dryers; P3 Clothes washers; P4 Airconditioners; and P5 Refrigerators/freezers Where installed with the development, shall meet a minimum 4 star rating in accordance with the Australian Energy Rating Label.

Not Applicable Internal appliances are not proposed as part of this development. All internal appliances will be energy efficient in the future.

P6 Lighting is energy efficient.

A6.1 For residential buildings: The minimum circuit efficacy for all common area lighting is 75 lumens per watt. (a) All common area lighting is fitted with automatic controllers. (b) Kitchens and living areas are fitted with energy efficient light fixtures such as fluorescent lights. A6.2 For Business Facilities, the average lighting power density does not exceed 10 watts per square metre. A6.3 For Shops and Shopping Facilities, the average lighting power density does not exceed 23 watts per square metre. A6.4 Individual tenancies within non-residential buildings are fitted with energy efficient light fixtures such as fluorescent lighting.

Complies The internal lighting design for all residential buildings will be undertaken as part of a future Operational Works application.

P7 Air conditioning, where not covered by an Australian

A7.1 Air conditioning units or systems comply with the minimum energy performance requirements

Not Applicable Air conditioning units are not proposed as part of the

September 2013

For residential buildings, each dwelling unit has: a gas cook-top installed with a range hood; and a gas oven with appropriate ventilation; or a fan-forced electric oven

Not Applicable Internal appliances are not proposed as part of this development. All internal appliances will be energy efficient in the future.

P4 Cooking appliances are energy efficient.

Cardno HRP13260

50


Performance Criteria

Acceptable / Probable Solutions

Proposal

Energy Rating Label, is energy efficient.

specified in the Australian/New Zealand Standard AS/NZS 3823.2.2003.

development.

Acceptable / Probable Solutions

Proposal

A8.1 All residential buildings provide rainwater storage tank/s on-site fitted with a first flush device and vermin-proof mesh strainer on the inlet and that has a capacity of: (a) 30,000 litres per dwelling unit where located in the Rural Planning Area or the Rural Settlement Planning Area, or (b) 5,000 litres per dwelling unit where located in any other Planning Area.

Complies A 5,000L rainwater tank is proposed as part of the development, connected to the House (including reception / dining area). Additional water supply will be provided by the existing on-site water bore. A detailed design of water supply will be provided as part of a future Building and Plumbing application.

Water Conservation and Reuse Performance Criteria Assessable Development P8 Rainwater harvesting systems are incorporated into residential and non-residential buildings to ensure collection, treatment and reuse of rainwater onsite to reduce run-off and demand on the potable water supply. Internal fixtures supplied from a rainwater tank must have a continuous supply of water.

All non-residential buildings provide rainwater storage tank/s on-site fitted with a first flush device and vermin-proof mesh strainer on the inlet and that has a capacity of 5,000 litres per toilet/urinal unit. A8.2 The rainwater tank is plumbed for external use for irrigation and pool top up and internal use for toilet cisterns and washing machine cold water taps. A8.3 A rainwater tank has –

September 2013

An automatic switching device providing supplementary water from the reticulated town water supply; or

A trickle top up system, providing supplementary water from the reticulated town water supply with – o A minimum flow rate of 2 litres per minute and a maximum flow rate of 4 litres per minute; and o Top up valves installed in an accessible location; and o A storage volume of the reticulated town

Cardno HRP13260

51


Performance Criteria

Acceptable / Probable Solutions

Proposal

water supply top up shall be no more than and no less than 1000 litres.

P9 Plumbing fittings must support the efficient use of water.

Water Minimisation Performance Criteria

A8.4 A backflow prevention device is installed to protect the potable water within the reticulated town water supply system in accordance with AS/NZS 3500:2003 Plumbing and Drainage.

Complies A detailed design of water supply will be provided as part of a future Building and Plumbing application

A9.1 All sink, tub or basin taps or mixers have a certified AAA Water Conservation Rating. A9.2 All toilets have: (a) 4 litre or less average flush cisterns (when calculated in accordance with Australian/New Zealand Standard AS/NZS 6400:2003), and (b) Matched pans. A9.3 All showers have thermostatic mixers.

Complies Detailed information of plumbing fixtures will be provided as part of a future Building and Plumbing application

Acceptable / Probable Solutions

Proposal

A10.1 For residential buildings, each dwelling unit has separated, built-in temporary storage for recyclable materials and general waste.

Complies Detailed information of plumbing fixtures will be provided as part of a future Building and Plumbing application

Assessable Development P10 Site and building design must facilitate efficient sorting and disposal to maximise recycling opportunities.

A10.2 All buildings include a refuse bin storage area: (i) with sufficient capacity for the collection of recyclable materials and general refuse, and (ii) located for convenient use by all residents/tenants and readily accessible to waste management contractors, and (iii) screened from view from public roads, is roofed and drained to sewer and includes a hose cock to provide for cleaning of refuse bins. Landscaping and Irrigation

September 2013

Cardno HRP13260

52


Performance Criteria

Acceptable / Probable Solutions

Proposal

A11.1 Impervious paving is limited to: (a) vehicle manoeuvring areas, (b) vehicle hard-stand areas, and (c) pedestrian movement paths.

Complies Landscaping on the site will be designed to facilitate for the sustainable tropical climate of the locality. A detailed design of Landscaping will be provided as part of a future Operational Works application.

Assessable Development P11 Landscaping must facilitate sustainable tropical design by: (a) providing sufficient space for the retention and/or establishment of significant substantial vegetation, (b) using locally appropriate plant species, (c) using paving design and materials that minimise heat reflection and site run-off, (d) providing appropriate seasonal shade and passive cooling/heating of outdoor spaces throughout the year, (e) providing private open space located to maximise indoor/outdoor connections, and (f) design and plant selection to minimise water use and contribute to stormwater management.

A11.2 Landscape and recreation areas are planted to: (a) ensure the penetration of prevailing north-east and south summer breezes and north-east winter morning sun, and (b) minimise exposure to the prevailing west and south-west winter winds, and (c) shade the western walls of buildings. A11.3 Opportunities for water infiltration on-site are maximised through: (a) minimising the extent of impervious surfaces, (b) use of porous paving in low traffic areas, (c) draining hard surfaces towards permeable surfaces, and (d) inclusion of turf and garden beds.

Solar Panels Performance Criteria

Acceptable / Probable Solutions

Proposal

A12.1 Solar hot water systems are located on the roof of a building and the panels face solar north.

Complies The proposed development incorporates solar hot water systems on the roof of all residential buildings. A diesel generator will be stored on site as and used for back-up electricity supply, when required.

Assessable Development P12 Solar hot water systems are located for optimum performance.

September 2013

Cardno HRP13260

53


Private Swimming Pools Performance Criteria

Acceptable / Probable Solutions

Proposal

A13.1 No Acceptable Solution.

Complies A lap pool is proposed as part of the development, taking into consideration the users and purpose of the pool. The location of the pool is within close proximity to the House for the permanent residents of the site and also within close proximity to ‘accommodation huts’ for ease of access.

Assessable Development P13 A swimming pool for recreational use by residents of a residential building is designed and constructed to minimise its resource needs by consideration of: (g) potential usage in terms of number swimmers; (h) purpose (e.g, lap swimming, plunging, etc); (i) siting issues; and (j) filtration systems.

September 2013

Cardno HRP13260

54


Cape Tribulation Road, Diwan

APPENDIX

B PROPOSAL PLANS

Error! Reference source not found.

Cardno HRP

55


NORTHERN VIEW OF ACCOMMODATION

Designated Development Area (DDA)

NOTE: Sub-flooring, footings, retaining walls, bracing, tiedown & other structural details to be strictly in accordance with engineer's design, documentation & certification. KEY: Existing walls to remain

SURVEY PLAN

Existing walls to be removed New Walls

NOTE: All dimensions to be checked on site NOTE: Termite Treatment to BCA requirements SCHEDULE: ref Refrigerator rh Range hood sss Stainless steel sink ubo Under bench oven ct Cook Top mw Microwave bbq Barbecue dw Dishwasher wm Washing machine dr Clothes dryer shr Shower bt Bath Tub vb Vanity basin cbd Cupboard o/h cbd Overhead cupboard t Tub b Bench ub Under Bench

SHELMIER ARCHITECTS 3135

PTY. LTD.

ABN 95 065 140 301

MOB: 0410 608 202 Ph: +617 3284 4028 Fax: +617 3284 5888 EMAIL: shelmier@powerup.com.au 110 SUTTON STREET PO BOX 12 REDCLIFFE QLD 4020 AUSTRALIA

Name:

D/WAN ECO B&B TRUST BRISBANE Project:

NORTH-EAST VIEW OF ACCOMMODATION

ECO B&B

Location:

Cnr Cape Tribulation Road & Ironbark Road, Daintree

Property Description:

Drawing:

Date:

8

Lot 41 on RP739765 Parish of Alexandra County of Solander Locality Cow Bay Cairns Regional Council

DEVELOPMENT APPLICATION PROPOSED ECO B&B

May 2013

Designed:

Drawn:

Scale:

Approved:

1 : 100

7

GJR

GJR Checked:

GJR-BArch

6

Project no.:

5

Dwg No.:

3 2 1

Design

May 2013

GJR

1 of 5

C COPYRIGHT 2012

NO.

ISSUE / AMENDMENT

DATE

INITIAL

Issue:

1

ECO.1213.1630

4


27.13 20000L Fire water

26.31 32 S 36

2 100 40x

18

.0° 30

S 36

2 607T 10x

SOUTH-WEST VIEW OF ACCOMMODATION

25.95

66x 2 607 TS

40x 2 100

30 .0°

18

2 607T 10x

36

5000L Potable water

10x 2 607 TS

House and 607TS 3 610x2

2 607TS

edg ec lea ring

3 610x

Reception & Dining

SOUTH-EAST VIEW OF ACCOMMODATION

30.0°

30.0°

2 100

900x 607TS 3 610x2

2 607TS

lap

3 610x

30.0°

poo

l

900x

2 100

26.07 3 610x2 607TS

1 840x2 700

NOTE: Sub-flooring, footings, retaining walls, bracing, tiedown & other structural details to be strictly in accordance with engineer's design, documentation & certification.

3 610x2 607TS

LIVING AREA 00T S

191.3 sq m

° .0 30

3 610 x2 1

Accommodation Accom Hut

N

3 161x 2 100TS

30.0°

KEY:

100TS

2 100TS

30.0°

30.0°

3 225x2

100TS

Accommodation Accom Hut

3 225x2

3 161x

30.0°

30.0°

30 .0 °

S 00T

° .0 30

26.19

30 .0 °

3

610 x2

1

12 706

30.0°

Existing walls to remain

3 610x2 100

Existing walls to be removed

3 610x2 100

26.00

New Walls

3

610 x2

1

00T S

NOTE: All dimensions to be checked on site

3 610 x2 1

30 .0 °

30 .0 °

S 00T

100TS

3 161x

30.0°

30.0°

NOTE: Termite Treatment to BCA requirements

edge

clear in

6 000

30.0°

30.0°

2 100TS

SITE PLAN 1:200

25.40 100TS

2 100TS

3 225x2

30.0°

30.0°

Accommodation Hut Accom

3 225x2

° .0 30

° .0 30

3 161x

Accommodation Accom Hut

24.89

3 610x 2 100 900x

2 100

30.0°

3 610x2 100

900x

2 100

2 410x

1 700TS

900x

EarthSafe D10 waste water treatment

2 100

12 00 0 2 410x

1 700TS

e

2 410x

900x

2 100

3 610x1

700TS

24.62

3 610x1

2 100

700TS

30.0° 900x

Gree

30.0°

1 700TS

3 00 0

nhou s

900x

2 100

cleared area

SCHEDULE: ref Refrigerator rh Range hood sss Stainless steel sink ubo Under bench oven ct Cook Top mw Microwave bbq Barbecue dw Dishwasher wm Washing machine dr Clothes dryer shr Shower bt Bath Tub vb Vanity basin cbd Cupboard o/h cbd Overhead cupboard t Tub b Bench ub Under Bench

g

Barn & Accom

30.0°

30.0°

25.85

15 06 4

30.0°

900x

2 100

3 610x2

100

30.0°

SHELMIER

6 Parking bays

30.0°

ARCHITECTS 3135

25.40

900x

PTY. LTD.

ABN 95 065 140 301

MOB: 0410 608 202 Ph: +617 3284 4028 Fax: +617 3284 5888 EMAIL: shelmier@powerup.com.au 110 SUTTON STREET PO BOX 12 REDCLIFFE QLD 4020 AUSTRALIA

2 100

Name:

D/WAN ECO B&B TRUST BRISBANE

3 000

3 610x1

700TS

3 000x

3 000x

Bore head RL25.7

4 500

24.69

Project: 3 000x

ECO B&B

3 000

Location:

Cnr Cape Tribulation Road & Ironbark Road, Daintree

25.27

24.28

Road

Property Description:

ther a ccess

ge cle a

SOUTH-EAST VIEW OF BARN AND GREENHOUSE

ring

in ed ge

25.01

Parking bays

cle ar

to Ir o nbark

6 5

DEVELOPMENT APPLICATION PROPOSED ECO B&B

g

Drawing:

Lot 41 on RP739765 Parish of Alexandra County of Solander Locality Cow Bay Cairns Regional Council

NOTE: a) Solar HWS B) Solar panels on all buildings

Date:

8

May 2013

Designed:

Drawn:

Scale:

Approved:

1 : 100

7

GJR

Checked:

GJR-BArch

6

Project no.:

5

Dwg No.:

3 2 1

Design

May 2013

GJR

2 of 5

C COPYRIGHT 2012

NO.

ISSUE / AMENDMENT

DATE

INITIAL

Issue:

1

ECO.1213.1630

4

cleared area

GJR


3 610x1 700TS

3 161x2 100TS

3 225x2 100TS

3 225x2 100TS

1 840x2 700 3 610x2 607TS

3 610x2 100

3 610x2 100

3 610x2 607TS

3 161x2 100TS

3 610x2 607TS

3 610x2 607TS

3 161x2 100TS

3 225x2 100TS

3 610x2 607TS

900x2 100

3 610x2 100

900x2 100

900x2 100

900x2 100

900x2 100

900x2 100

SOUTHERN ELEVATION 1:100 NOTE: Sub-flooring, footings, retaining walls, bracing, tiedown & other structural details to be strictly in accordance with engineer's design, documentation & certification. KEY: Existing walls to remain Existing walls to be removed New Walls

NOTE: All dimensions to be checked on site NOTE: Termite Treatment to BCA requirements SCHEDULE: ref Refrigerator rh Range hood sss Stainless steel sink ubo Under bench oven ct Cook Top mw Microwave bbq Barbecue dw Dishwasher wm Washing machine dr Clothes dryer shr Shower bt Bath Tub vb Vanity basin cbd Cupboard o/h cbd Overhead cupboard t Tub b Bench ub Under Bench

SHELMIER ARCHITECTS 3135

PTY. LTD.

ABN 95 065 140 301

MOB: 0410 608 202 Ph: +617 3284 4028 Fax: +617 3284 5888 EMAIL: shelmier@powerup.com.au 110 SUTTON STREET PO BOX 12 REDCLIFFE QLD 4020 AUSTRALIA

Name:

D/WAN ECO B&B TRUST BRISBANE Project:

3 610x1 700TS

3 610x1 700TS

2 410x1 700TS

2 410x1 700TS

Location:

2 410x1 700TS

3 225x2 100TS

3 610x2 100TS

3 225x2 100TS

900x2 100

900x2 100

900x2 100

900x2 100

Cnr Cape Tribulation Road & Ironbark Road, Daintree

3 610x2 100TS 3 610x2 607TS

3 610x2 100

ECO B&B

3 610x2 607TS

3 610x2 607TS

3 266x2 607TS

900x2 100

1 840x2 100

Property Description:

EASTERN ELEVATION 1:100 Drawing:

Date:

8

Lot 41 on RP739765 Parish of Alexandra County of Solander Locality Cow Bay Cairns Regional Council

DEVELOPMENT APPLICATION PROPOSED ECO B&B

May 2013

Designed:

Drawn:

Scale:

Approved:

1 : 100

7

GJR

GJR Checked:

GJR-BArch

6

Project no.:

5

Dwg No.:

3 2 1

Design

May 2013

GJR

3 of 5

C COPYRIGHT 2012

NO.

ISSUE / AMENDMENT

DATE

INITIAL

Issue:

1

ECO.1213.1630

4


2 410x1 700TS

2 410x1 700TS

2 410x1 700TS

3 610x1 700TS

3 610x2 100TS

3 610x2 100TS

3 610x2 100TS 3 610x2 607TS

900x2 100

900x2 100

900x2 100

900x2 100

900x2 100

900x2 100

3 266x2 607TS

1 840x2 100

3 610x2 607TS

3 610x2 607TS

1 840x2 100

NORTHERN ELEVATION 1:100 NOTE: Sub-flooring, footings, retaining walls, bracing, tiedown & other structural details to be strictly in accordance with engineer's design, documentation & certification. KEY: Existing walls to remain Existing walls to be removed New Walls

NOTE: All dimensions to be checked on site NOTE: Termite Treatment to BCA requirements SCHEDULE: ref Refrigerator rh Range hood sss Stainless steel sink ubo Under bench oven ct Cook Top mw Microwave bbq Barbecue dw Dishwasher wm Washing machine dr Clothes dryer shr Shower bt Bath Tub vb Vanity basin cbd Cupboard o/h cbd Overhead cupboard t Tub b Bench ub Under Bench

3 000x4 500

3 000x3 000

3 161x2 100TS 3 610x2 607TS

3 610x2 607TS

1 840x2 100

3 610x2 607TS

3 000x3 000

3 161x2 100TS

3 610x2 607TS

900x2 100

900x2 100

900x2 100

SHELMIER ARCHITECTS 3135

PTY. LTD.

ABN 95 065 140 301

MOB: 0410 608 202 Ph: +617 3284 4028 Fax: +617 3284 5888 EMAIL: shelmier@powerup.com.au 110 SUTTON STREET PO BOX 12 REDCLIFFE QLD 4020 AUSTRALIA

Name:

D/WAN ECO B&B TRUST BRISBANE

WESTERN ELEVATION 1:100 Project:

ECO B&B

Location:

Cnr Cape Tribulation Road & Ironbark Road, Daintree

Property Description:

Drawing:

Date:

8

Lot 41 on RP739765 Parish of Alexandra County of Solander Locality Cow Bay Cairns Regional Council

DEVELOPMENT APPLICATION PROPOSED ECO B&B

May 2013

Designed:

Drawn:

Scale:

Approved:

1 : 100

7

GJR

GJR Checked:

GJR-BArch

6

Project no.:

5

Dwg No.:

3 2 1

Design

May 2013

GJR

4 of 5

C COPYRIGHT 2012

NO.

ISSUE / AMENDMENT

DATE

INITIAL

Issue:

1

ECO.1213.1630

4


NOTE: Sub-flooring, footings, retaining walls, bracing, tiedown & other structural details to be strictly in accordance with engineer's design, documentation & certification. KEY: Existing walls to remain Existing walls to be removed New Walls

NOTE: All dimensions to be checked on site NOTE: Termite Treatment to BCA requirements SCHEDULE: ref Refrigerator rh Range hood sss Stainless steel sink ubo Under bench oven ct Cook Top mw Microwave bbq Barbecue dw Dishwasher wm Washing machine dr Clothes dryer shr Shower bt Bath Tub vb Vanity basin cbd Cupboard o/h cbd Overhead cupboard t Tub b Bench ub Under Bench

SHELMIER ARCHITECTS 3135

PTY. LTD.

ABN 95 065 140 301

MOB: 0410 608 202 Ph: +617 3284 4028 Fax: +617 3284 5888 EMAIL: shelmier@powerup.com.au 110 SUTTON STREET PO BOX 12 REDCLIFFE QLD 4020 AUSTRALIA

Name:

D/WAN ECO B&B TRUST BRISBANE Project:

ECO B&B

Location:

Cnr Cape Tribulation Road & Ironbark Road, Daintree

Property Description:

Drawing:

CONCEPT VIEW OF SITE DEVELOPMENT Date:

8

Lot 41 on RP739765 Parish of Alexandra County of Solander Locality Cow Bay Cairns Regional Council

DEVELOPMENT APPLICATION PROPOSED ECO B&B

May 2013

Designed:

Drawn:

Scale:

Approved:

1 : 100

7

GJR

GJR Checked:

GJR-BArch

6

Project no.:

5

Dwg No.:

3 2 1

Design

May 2013

GJR

5 of 5

C COPYRIGHT 2012

NO.

ISSUE / AMENDMENT

DATE

INITIAL

Issue:

1

ECO.1213.1630

4


Cape Tribulation Road, Diwan

APPENDIX

C OWNERS CONSENT

Error! Reference source not found.

Cardno HRP

56


The Chief Executive Officer Caims Regional Councii PO Box 359 CAIRNS OLD 4870

Dear Sir I Madam

RE: OWNER'S CONSENT APPLICATION FOR A DEVELOPMENT PERMfT FOR A MATERIAL CHANGE OF USE - HOUSE AND HOME BASED BUSINESS (BED & BREAKFAST) CAPE TRIBULATION ROAD, DIWAN . LOT 41 ON RP73976S

I, Gregory Spencer Dunn, advise that I am the owner of the property situated at 0 Cape Tribulation Road, Diwan described as Lot 41 on RP739765 and that I consent to Cardno (OLD) Ply Ltd making a development application under the Susfainable Planning Act 2009 in respect of the abovementioned property on my

behalf.

623\ 08'

\~I~'

..........................................................................................................

Date


Cape Tribulation Road, Diwan

APPENDIX

D TITLE SEARCHES

Error! Reference source not found.

Cardno HRP

57


CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 16739308 Search Date: 12/08/2013 11:58 Title Reference: 21212229 Date Created: 09/06/1983 Previous Title: 20754089 REGISTERED OWNER GREGORY SPENCER DUNN ESTATE AND LAND Estate in Fee Simple LOT 41

REGISTERED PLAN 739765 County of SOLANDER Local Government: CAIRNS

Parish of ALEXANDRA

EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 20165114 (POR 188) ADMINISTRATIVE ADVICES - NIL UNREGISTERED DEALINGS - NIL

CERTIFICATE OF TITLE ISSUED - Yes

Certificate No. 1

** End of Current Title Search ** COPYRIGHT THE STATE OF QUEENSLAND (DEPT OF NATURAL RESOURCES AND MINES) [2013] Requested By: D APPLICATIONS CITEC CONFIRM

Page 1/1


Cape Tribulation Road, Diwan

APPENDIX

E REGISTERED SURVEY PLAN AND SMART MAP

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Cardno HRP

58


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ZONE:55

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MAP WINDOW POSITION & NEAREST LOCATION

SUBJECT PARCEL DESCRIPTION

CLIENT SERVICE STANDARDS

145°24'37".158 33

00

SmartMap An External Product of SmartMap Information Services Based upon an extraction from the Digital Cadastral Data Base

PRINTED (dd/mm/yyyy) 12/08/2013

DCDB Lot/Plan

41/RP739765

Area/Volume

9.979ha

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FREEHOLD

DIWAN

Local Government

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DCDB

09/08/2013

Users of the information recorded in this document (the Information) accept all responsibility and risk associated with the use of the Information and should seek independent professional advice in relation to dealings with property. Despite Department of Natural Resources and Mines(DNRM)'s best efforts, DNRM makes no representations or warranties in relation to the Information, and, to the extent permitted by law, exclude or limit all warranties relating to correctness, accuracy, reliability, completeness or currency and all liability for any direct, indirect and consequential costs, losses, damages and expenses incurred in any way (including but not limited to that arising from negligence) in connection with any use of or reliance on the Information For further information on SmartMap products visit http://nrw.qld.gov.au/property/mapping/blinmap

(c) The State of Queensland, (Department of Natural Resources and Mines) 2013.


Cape Tribulation Road, Diwan

APPENDIX

F SEARCHES: CLR AND EMR

Error! Reference source not found.

Cardno HRP

59


Department of Environment and Heritage Protection (EHP) ABN 46 640 294 485 400 George St Brisbane, Queensland 4000 GPO Box 2454 Brisbane QLD 4001 AUSTRALIA www.ehp.qld.gov.au

SEARCH RESPONSE ENVIRONMENTAL MANAGEMENT REGISTER (EMR) CONTAMINATED LAND REGISTER (CLR)

Transaction ID: 49376554 EMR Site Id: This response relates to a search request received for the site: Lot: 41 Plan: RP739765

12 August 2013

EMR RESULT The above site is NOT included on the Environmental Management Register. CLR RESULT The above site is NOT included on the Contaminated Land Register. ADDITIONAL ADVICE From the 1st August 2012, the price of an EMR/CLR search will increase to $41.55 per lot for internet based searches and $48.85 per lot for EMR/CLR searches done by means other than the internet. If you have any queries in relation to this search please phone 13QGOV (13 74 68)

Registrar Administering Authority

Page 1 of 1


Cape Tribulation Road, Diwan

APPENDIX

G VEGETATION AND COASTAL SEARCHES

Error! Reference source not found.

Cardno HRP

60


30

29

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145°24'00'

145°24'30'

Vegetation Management Act Regional Ecosystem and Remnant Map-Version 6.1 Remnant vegetation containing endangered

Based on 2006 Landsat TM imagery

regional ecosystems Remnant vegetation containing of concern regional ecosystems

Requested By: RACHEL.DANIEL.S@CARDNO.COM.AU Date: 12 Aug 13 lime: 12.21.53

Remnant vegetation that is a least concern regional ecosystem Remnant vegetation under Section 20AH of the VMA

Centered on LDt on Plan: 41 RP739765 Bioregion: Wet Tropics

Plantation Forest Dam or Reservoir Remnant Vegetation PMAV Category X area

Some watercourse lines are derived from GeoScience Australia 1:250 000 mapping.

Great Barrier Reef Wetlands Vegetation Management Act Essential Habitat For further information on VMA Essential Habitat, please see the attached VMA Essential Habitat map.

Subject Lot

/V

Vegetation management watercourse map - version 1.2 (Stream order shown as blaek number against stream where available)

/V

Roads © Pitney Bowes Software 2012

LOCALITY DIAGRAM

Bioregion boundary

Cadastral line Property boundaries shown are provided as a loeational aid only. Towns

Disclaimer: While every care is taken to ensure the accuracy of this prOduct, the Department of Natural Resources and Mines (DNRM) and Pitney Bowes Software, makes no representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damage) and costs which you might incur as a result of the product being inaccurate or incomplete in any way and for any reason. All datasets are updated as they become available to provide the most current information as of the date shown on this map.

National Park, Conservation Area State Forest and other reserves

/V

Defined map areas are labelled with the regional ecosystem (RE) code along with the percentage breakdown if more than one RE occurs within the area. Detailed definitions of regional ecosystems are available from www.ehp.qld.gov.auIREDD. Defined map areas smaller than 5ha may not be labelled. Regional ecosystem linework has been compiled ata scale of 1:100 000, except in designated areas where a compilation scale of 1:50 000 is available. Linework should be used as a guide only. The positional accuracy of RE data mapped at a scale of 1:100 000 is +/-1 00 metres. The extent of remnant regional ecosystems as of 2006, depicted on this map is based on rectified 2006 Landsat TM imagery (supplied by the Statewide Landcover and Trees Study (SLATS), Queensland Government).

Non-remnant

AI

A remnant map covers areas not covered by a regional ecosystem map.

I

'i-o-o........'~50==:lO~':..... .......;:"'~=iiii60iii-' ......""""!""m Horizontal Datum: Geocentric Datum of Australia 1994 (GDA94)

Additional information is required for the purposes of land clearing or assessment of a regional ecosystem map or PMAV applications. For further information go to the web site: www.dnrm.qld.gov.au or contact the Department of Natural Resources and Mines. Digital regional ecosystem data is available in shapefile format, for Lot on Plans from www.ehp.qld.gov.au/REDATAor from DNRM for larger areas.

©

The State alQueensland, 2013


--

Vegetation Management Act Essential Habitat Map Version 3.1 Remnant vegetation containing endangered regional ecosystems Remnant vegetation containing of concern regional ecosystems

Requested By: RACHEL.DANIEL.S@CARDNO.COM.AU Date: 12 Aug 13 lime: 12.21.59

Centered on LDt on Plan:

Remnant vegetation that is a least concern regional ecosystem

41 RP739765 Labels for the Vegetation Management Act Essential Habitat are centred on the subject lot (1.1 km surrounding and including a Lot on Plan). Labels correlate to the label field in the attached essential habitat database.

Remnant vegetation under Section 20AH of the VMA Non-remnant Plantation Forest

Regional ecosystem linework has been compiled ata scale of 1:100 000, except in designated areas where a compilation scale of 1:50 000 is available. Linework should be used as a guide only. The positional accuracy of RE data mapped at a scale of 1:100 000 is +/-1 00 metres. The extent of remnant regional ecosystems as of 2006, depicted on this map is based on rectified 2006 Landsat TM imagery (supplied by SLATS, Queensland Government).

Dam or Reservoir Remnant Vegetation PMAV Category X area Vegetation Management Act Essential Habitat

• /V /V

Vegetation Management Act Essential Habitat Species Records

Subject Lot Roads Pitney Bowes Software 2012

©

National Park, Conservation Area State Forest and other reserves

/V

LOCALITY DIAGRAM

Cadastral line Property boundaries shown are provided as a locational aid only.

Disclaimer: While every care is taken to ensure the accuracy of this product, the Department of Natural Resources and Mines (DNRM) and Pitney Bowes Software, makes no representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damage) and costs which you might incur as a result of the product being inaccurate or incomplete in any way and for any reason. All datasets are updated as they become available to provide the most current information as of the date shown on this map.

Towns

I

'i-o-o........'~50==:lO~':..... .......;:""~=iiii60iii-' ......""""!""m Horizontal Datum: Geocentric Datum of Australia 1994 (GDA94)

Additional information is required for the purposes of land clearing or assessment of a regional ecosystem map or PMAV applications. For further information go to the web site: www.dnrm.qld.gov.au or contact the Department of Natural Resources and Mines. Digital regional ecosystem data is available in shapefile format, for Lot on Plans from www.ehp.qld.gov.au/REDATAor from DNRM for larger areas.

©

The State 01 Queensland, 2013


29

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° :£

145°23'30'

145°24'00'

145°24'30'

145° 25'00'

REGROWTH VEGETATION MAP - Version 2.1 Vegetation Management Act Essential Regrowth Habitat with example label number Great Barrier Reef Wetland Protection Area High value regrowth vegetation containing Endangered regional ecosystems

Requested By: RACHEL.DANIELS@CARDNO.COM.AU Date: 12 Aug 13 lime: 12.21.55

Centered on LDt on Plan: 41 RP739765

Labels for Vegetation Management Act Essential Regrowth Habitat are centred on the subject lot. Labels correlate to the label field in the attached essential regrowth habitat database.

High value regrowth vegetation containing Of Concern regional ecosystems

The high value regrowth, regrowth watercourse, other watercourse, Great Barrier Reef wetland protection area and essential regrowth habitat data shown on this map are representations of the preliminary data.

High value regrowth vegetation that is a Least Concern regional ecosystem

Some watercourse lines are derived from GeoScience Australia 1:250 000 mapping.

Remnant Vegetation (Refer to the Vegetation Management Act Regional Ecosystem and Remnant Map also available from the Department of Environment and Resource Management website for further information on these areas)

For further information go to the website: http://www.dnrm.qld.gov.au or contact Vegetation Management, Department of Natural Resources and Mines.

Non-remnant

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LOCALITY DIAGRAM

- version 1.2 (Stream order shown as black number against stream where available>

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Areas covered by a Property Map of Assessable Vegetation (PMAV) are represented on the map attached as Page 2 to this Regrowth Vegetation Map and provided with it.

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Category A area

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The PMAV data shown on this map are a representation of the data used to create certified PMAVs. Variations may occur between PMAV boundaries and cadastral boundaries. PMAV data incorporates cadastral boundary data as at the time of certification of the PMAV. The cadastral boundaries shown on this map may have shifted relative to the PMAV boundaries as more accurate cadastral boundary data have become available. All datasets are updated as they become available to provide the most current information as of the date shown on this map. For further information go to the website: http://www.dnrm.qld.gov.au or contact Vegetation Management, Department of Natural resources and Mines

Area that is subject to other PMAVs or, if no PMAV exists, a regional ecosystem map, remnant map or regrowth vegetation map

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Centered on Lot on Plan: 41 RP739765

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Coastal Dependant Development Port Area

This map shows areas where policies of the Queensland Coastal Plan apply. This map is produced at a scale relevant to the size of the lot on plan selected and sihould be printed as A4 size in portrait orientation. For further information or assistance with interprelation of this product, please conlactthe Department of Environment and Heritage Protection at coaslal.support@ehp.qld.gov.au.

Queensland Government

For Coastal Hazard Areas and other Queensland Coastal Plan mapping please refer to the relevant EHP website links.

Aquaculture Development Area LOCALITY DIAGRAM Maritime Development Area

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This map shows areas where policies of the Queensland Coastal Plan apply.

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Coastal Management District

This map is produced at a scale relevant to the size of the lot on plan selected and should be printed as A4 size in portrait orientation.

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For further inlormation or assistance with interpretation of this product, please contact the Department of Environment and Heritage Protection at coastal.support@ehp.qld.gov.au. For Coastal Hazard Areas and other Queensland Coastal Plan mapping please refer to the relevant EHP website links.

Queensland Government

Disclaimer: The inlormation presented on this project is distributed by the Queensland Governmentlor land use planning, development assessment and natural resource management purposes.

LOCALITY DIAGRAM

The mapping is derived from a number of data sources of varying scale. Consideration of the effects of mapped scale is necessary when interpreting data. Digital line work should be used as a guide only. Field surveys are recommended to verily feabJre boundaries prior to making development applications.

General Use Marine Park Zone _

Habitat Protection Marine Park Zone

_

Estuarine Conservation Marine Park Zone

Whilst every care is taken to ensure the accuracy of this product, the Department of Environment and Heritage Protection makes no representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and disclaims all responsibility and all liability (including without limitation, liability in negligence) Ior all expenses,losses, damages (including indirect or consequential damage) and costs which ¥DU may incur as a result of the product being inaccurate or incomplete In any way and Ior any reason.

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Indicative Erosion Prone Area (including projected climate change impacts to 2100)

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1. The areas shown on this map are indicative of the extent of erosion and permanent inundation defined by erosion prone area plans declared under the Coastal Protection and Management Act 1995. Only the declared erosion prone area plans should be used Ior development assessment. To determine the actual position of the erosion prone area a registered surveyor or geotechnical consultant may be required if there is any doubt.

*

Erosion due to storm impact and long term trends of sediment loss and channel migration

2. Erosion prone area plans Ior each localllovernment area and a comprehensive description of their determination are available from the Department of Environment and Heritage Protection website at www.ehp.qld.gov.au

Queensland Government

Erosion and permanent tidal inundation due to sea level rise

Version 2 - Feb 2013

LOCALITY DIAGRAM

* The erosion prone areas shown on this map are indicative of the

Whilst every care is taken to ensure the accuracy of this product, the Department of Environment and Heritage Protection makes no representations or warranties about its accuracy, reliability, completeness or suitability Ior any particular purpose and disclaims all responsibility and all liability (including without limitation, liability in negligence) Ior all expenses,losses, damages (including indirect or consequential damage) and costs which you may incur as a result of the product being inaccurate or incomplete in any way and Ior any reason. This map is intended to be printed on an A4 page.

erosion and tidal inundation extent that may occur with projected sea level rise and increased storm intensity at 2100.

Coastal Management District Coastal hazard data not available in this area. Refer to notes 1 and 2 to determine.

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Selected Land Parcel

1. A default storm tide inundation level of 1.5 m HAT in South East Queensland regional planning area and 2.0 m HAT for the remainder of Queensland is used where projected storm tide inundation levels have not been determined locally. The default level uses a sea level rise factor of O.Sm to 2100.

Storm Tide Inundation Area (including projected climate change impacts to 2100) _

High hazard area (greater than 1.0m water depth)

_

Medium hazard area (less than 1.0m water depth)

2. The high hazard area may be also subject to permanent inundation by sea level rise - reler to the Erosion Prone Area map.

Queensland Government

Coastal Management District Coastal hazard data not available in this area. Refer to notes 1 and 2 to determine.

3. The map should be used as a guide only. Field surveys are recommended to verify feature boundaries. Version 2 - Feb 2013

LOCALITY DIAGRAM

Whilst every care is taken to ensure the accuracy of this product, the Department of Environment and Heritage Protection makes no representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and disclaims all responsibility and all liability (including without limitation, liability in negligence) for allexpenses,losses, damages (including indirect or consequential damage) and costs which you may incur as a result of the product being inaccurate or incomplete in any way and for any reason. This map is intended to be printed on an A4 page.

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APPENDIX

H IDAS FORMS

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61


IDAS form 1—Application details (Sustainable Planning Act 2009 version 3.0 effective 1 July 2013)

This form must be used for ALL development applications. You MUST complete ALL questions that are stated to be a mandatory requirement unless otherwise identified on this form. For all development applications, you must: •

complete this form (IDAS form 1—Application details)

complete any other forms relevant to your application

provide any mandatory supporting information identified on the forms as being required to accompany your application. Attach extra pages if there is insufficient space on this form. •

All terms used on this form have the meaning given in the Sustainable Planning Act 2009 (SPA) or the Sustainable Planning Regulation 2009. This form and any other IDAS form relevant to your application must be used for development applications relating to strategic port land and Brisbane core port land under the Transport Infrastructure Act 1994 and airport land under the Airport Assets (Restructuring and Disposal) Act 2008. Whenever a planning scheme is mentioned, take it to mean land use plan for the strategic port land, Brisbane core port land or airport land. PLEASE NOTE: This form is not required to accompany requests for compliance assessment. This form can also be completed online using MyDAS at www.dsdip.qld.gov.au/MyDAS Mandatory requirements Applicant details (Note: the applicant is the person responsible for making the application and need not be the owner of the land. The applicant is responsible for ensuring the information provided on all IDAS application forms is correct. Any development permit or preliminary approval that may be issued as a consequence of this application will be issued to the applicant.) Name/s (individual or company name in full)

Trustee for the Diwan Eco B&B Trust

For companies, contact name

C/ Cardno HRP

Postal address

PO Box 244

Contact phone number Mobile number (non-mandatory requirement) Fax number (non-mandatory requirement)

Suburb

Mackay

State

QLD

Country

Australia

(07) 4953 2877

Postcode

4740


Email address (non-mandatory requirement)

rachel.daniels @ cardno.com.au

Applicant’s reference number (non-mandatory requirement) 1.

4HRP461

What is the nature of the development proposed and what type of approval is being sought?

Table A—Aspect 1 of the application (If there are additional aspects to the application please list in Table B—Aspect 2.) a)

What is the nature of the development? (Please only tick one box.)

✔ Material change of use b)

Reconfiguring a lot

Operational work

What is the approval type? (Please only tick one box.) Preliminary approval under s241 of SPA

c)

Building work

Preliminary approval under s241 and s242 of SPA

Development permit

Provide a brief description of the proposal, including use definition and number of buildings or structures where applicable (e.g. six unit apartment building defined as a multi-unit dwelling, 30 lot residential subdivision etc.)

House and Home Based Business (Bed and Breakfast)

d)

What is the level of assessment? (Please only tick one box.) Impact assessment

✔ Code assessment

Table B—Aspect 2 of the application (If there are additional aspects to the application please list in Table C— Additional aspects of the application.) a)

What is the nature of development? (Please only tick one box.) Material change of use

b)

Reconfiguring a lot

Building work

Operational work

What is the approval type? (Please only tick one box.) Preliminary approval under s241 of SPA

Preliminary approval under s241 and s242 of SPA

Development permit

c)

Provide a brief description of the proposal, including use definition and number of buildings or structures where applicable (e.g. six unit apartment building defined as a multi-unit dwelling, 30 lot residential subdivision etc.)

d)

What is the level of assessment? Impact assessment

Code assessment

Table C—Additional aspects of the application (If there are additional aspects to the application please list in a separate table on an extra page and attach to this form.) Refer attached schedule

✔ Not required

IDAS form 1—Application details Version 3.0—1 July 2013


2.

Location of the premises (Complete Table D and/or Table E as applicable. Identify each lot in a separate row.)

Table D—Street address and lot on plan for the premises or street address and lot on plan for the land adjoining or adjacent to the premises (Note: this table is to be used for applications involving taking or interfering with water). (Attach a separate schedule if there is insufficient space in this table.) Street address and lot on plan (All lots must be listed.) Street address and lot on plan for the land adjoining or adjacent to the premises (Appropriate for development in water but adjoining or adjacent to land, e.g. jetty, pontoon. All lots must be listed.) Street address Lot

Unit no.

Lot on plan description Street no.

Street name and official suburb/ locality name

Postcode

Cape Tribulation Road, Diwan 4873

i)

Local government area (e.g. Logan, Cairns)

Lot no.

Plan type and plan no.

41

RP739765

Cairns Regional Council

ii) iii) Planning scheme details (If the premises involves multiple zones, clearly identify the relevant zone/s for each lot in a separate row in the below table. Non-mandatory) Lot

Applicable zone / precinct

Applicable local plan / precinct

Applicable overlay/s

i) ii) iii) Table E—Premises coordinates (Appropriate for development in remote areas, over part of a lot or in water not adjoining or adjacent to land e.g. channel dredging in Moreton Bay.) (Attach a separate schedule if there is insufficient space in this table.) Coordinates (Note: place each set of coordinates in a separate row) Easting

Northing

Latitude

Zone reference

Datum

Local government area (if applicable)

Longitude GDA94 WGS84 other

3. Total area of the premises on which the development is proposed (indicate square metres)

99,790sqm 4. Current use/s of the premises (e.g. vacant land, house, apartment building, cane farm etc.)

Vacant (exsiting water bore only)

IDAS form 1—Application details Version 3.0—1 July 2013


5.

Are there any current approvals (e.g. a preliminary approval) associated with this application? (Nonmandatory requirement)

No

Yes—provide details below

List of approval reference/s

6.

Date approved (dd/mm/yy)

Date approval lapses (dd/mm/yy)

Is owner’s consent required for this application? (Refer to notes at the end of this form for more information.) No

Yes—complete either Table F, Table G or Table H as applicable

Table F Name of owner/s of the land I/We, the above-mentioned owner/s of the land, consent to the making of this application. Signature of owner/s of the land Date Table G Name of owner/s of the land

Gregory Spencer Dunn

✔ The owner’s written consent is attached or will be provided separately to the assessment manager. Table H Name of owner/s of the land By making this application, I, the applicant, declare that the owner has given written consent to the making of the application. 7.

Identify if any of the following apply to the premises (Tick applicable box/es.) Adjacent to a water body, watercourse or aquifer (e.g. creek, river, lake, canal)—complete Table I On strategic port land under the Transport Infrastructure Act 1994—complete Table J In a tidal water area—complete Table K On Brisbane core port land under the Transport Infrastructure Act 1994 (No table requires completion.) On airport land under the Airport Assets (Restructuring and Disposal) Act 2008 (no table requires completion)

Table I Name of water body, watercourse or aquifer

Table J Lot on plan description for strategic port land

Port authority for the lot

IDAS form 1—Application details Version 3.0—1 July 2013


Table K Name of local government for the tidal area (if applicable)

8.

✔ 9.

Are there any existing easements on the premises? (e.g. for vehicular access, electricity, overland flow, water etc) No

✔ 11.

Yes—ensure the type, location and dimension of each easement is included in the plans submitted

Does the proposal include new building work or operational work on the premises? (Including any services) No

10.

Port authority for the tidal area (if applicable)

Yes—ensure the nature, location and dimension of proposed works are included in plans submitted

Is the payment of a portable long service leave levy applicable to this application? (Refer to notes at the end of this form for more information.) No—go to question 12

Yes

Has the portable long service leave levy been paid? (Refer to notes at the end of this form for more information.) No Yes—complete Table L and submit with this application the yellow local government/private certifier’s copy of the receipted QLeave form

Table L Amount paid

12.

Date paid (dd/mm/yy)

QLeave project number (6 digit number starting with A, B, E, L or P)

Has the local government agreed to apply a superseded planning scheme to this application under section 96 of the Sustainable Planning Act 2009? No Yes—please provide details below

Name of local government

Date of written notice given by local government (dd/mm/yy)

Reference number of written notice given by local government (if applicable)

IDAS form 1—Application details Version 3.0—1 July 2013


13.

List below all of the forms and supporting information that accompany this application (Include all IDAS forms, checklists, mandatory supporting information etc. that will be submitted as part of this application. Note: this question does not apply for applications made online using MyDAS)

Description of attachment or title of attachment

Method of lodgement to assessment manager

Town Planning Report and Appendix Pages

Smart EDA

14.

Applicant’s declaration

✔ By making this application, I declare that all information in this application is true and correct (Note: it is unlawful to provide false or misleading information) Notes for completing this form • Section 261 of the Sustainable Planning Act 2009 prescribes when an application is a properly-made application. Note, the assessment manager has discretion to accept an application as properly made despite any noncompliance with the requirement to provide mandatory supporting information under section 260(1)(c) of the Sustainable Planning Act 2009 Applicant details • Where the applicant is not a natural person, ensure the applicant entity is a real legal entity. Question 1 • Schedule 3 of the Sustainable Planning Regulation 2009 identifies assessable development and the type of assessment. Where schedule 3 identifies assessable development as “various aspects of development” the applicant must identify each aspect of the development on Tables A, B and C respectively and as required. Question 6 • Section 263 of the Sustainable Planning Act 2009 sets out when the consent of the owner of the land is required for an application. Section 260(1)(e) of the Sustainable Planning Act 2009 provides that if the owner’s consent is required under section 263, then an application must contain, or be accompanied by, the written consent of the owner, or include a declaration by the applicant that the owner has given written consent to the making of the application. If a development application relates to a state resource, the application is not required to be supported by evidence of an allocation or entitlement to a state resource. However, where the state is the owner of the subject land, the written consent of the state, as landowner, may be required. Allocation or entitlement to the state resource is a separate process and will need to be obtained before development commences. Question 11 • The Building and Construction Industry (Portable Long Service Leave) Act 1991 prescribes when the portable long service leave levy is payable. • The portable long service leave levy amount and other prescribed percentages and rates for calculating the levy are prescribed in the Building and Construction Industry (Portable Long Service Leave) Regulation 2002.

IDAS form 1—Application details Version 3.0—1 July 2013


Question 12 • The portable long service leave levy need not be paid when the application is made, but the Building and Construction Industry (Portable Long Service Leave) Act 1991 requires the levy to be paid before a development permit is issued. • Building and construction industry notification and payment forms are available from any Queensland post office or agency, on request from QLeave, or can be completed on the QLeave website at www.qleave.qld.gov.au. For further information contact QLeave on 1800 803 481 or visit www.qleave.qld.gov.au. Privacy—The information collected in this form will be used by the Department of State Development, Infrastructure and Planning (DSDIP), assessment manager, referral agency and/or building certifier in accordance with the processing and assessment of your application. Your personal details should not be disclosed for a purpose outside of the IDAS process or the provisions about public access to planning and development information in the Sustainable Planning Act 2009, except where required by legislation (including the Right to Information Act 2009) or as required by Parliament. This information may be stored in relevant databases. The information collected will be retained as required by the Public Records Act 2002.

OFFICE USE ONLY Date received

Reference numbers

NOTIFICATION OF ENGAGEMENT OF A PRIVATE CERTIFIER To

Date of engagement

Council. I have been engaged as the private certifier for the building work referred to in this application BSA Certification license number

Name

Building classification/s

QLEAVE NOTIFICATION AND PAYMENT (For completion by assessment manager or private certifier if applicable.)

Description of the work

QLeave project number

Amount paid ($)

Date paid

Date receipted form sighted by assessment manager

Name of officer who sighted the form

The Sustainable Planning Act 2009 is administered by the Department of State Development, Infrastructure and Planning. This form and all other required application materials should be sent to your assessment manager and any referral agency.

Department of State Development, Infrastructure and Planning PO Box 15009 City East Qld 4002 tel 13 QGOV (13 74 68) info@dsdip.qld.gov.au

www.dsdip.qld.gov.au

IDAS form 1—Application details Version 3.0—1 July 2013


IDAS form 5—Material change of use assessable against a planning scheme (Sustainable Planning Act 2009 version 3.0 effective 1 July 2013)

This form must be used for development applications for a material change of use assessable against a planning scheme. You MUST complete ALL questions that are stated to be a mandatory requirement unless otherwise identified on this form. For all development applications, you must: •

complete IDAS form 1—Application details

complete any other forms relevant to your application

provide any mandatory supporting information identified on the forms as being required to accompany your application. Attach extra pages if there is insufficient space on this form. •

All terms used on this form have the meaning given in the Sustainable Planning Act 2009 (SPA) or the Sustainable Planning Regulation 2009. This form must also be used for material change of use on strategic port land and Brisbane core port land under the Transport Infrastructure Act 1994 and airport land under the Airport Assets (Restructuring and Disposal) Act 2008 that requires assessment against the land use plan for that land. Whenever a planning scheme is mentioned, take it to mean land use plan for the strategic port land, Brisbane core port land or airport land. This form can also be completed online using MyDAS at www.dsdip.qld.gov.au/MyDAS Mandatory requirements 1.

Describe the proposed use. (Note: this is to provide additional detail to the information provided in question 1 of IDAS form 1—Application details. Attach a separate schedule if there is insufficient space in this table.)

General explanation of the proposed use

Planning scheme definition (include each definition in a new row) (non-mandatory)

No. of dwelling units (if applicable) or gross floor area (if applicable)

Days and hours of operation (if applicable)

No. of employees (if applicable)

Dwelling House

House

1

N/A

N/A

Bed and Breakfast

Home Based Business (Bed 5

7days / 24 hrs 2

and Breakfast)

2.

Are there any current approvals associated with the proposed material change of use? (e.g. a preliminary approval.)

No

Yes—provide details below

List of approval reference/s

Date approved (dd/mm/yy)

Date approval lapses (dd/mm/yy)


3.

Does the proposed use involve the following? (Tick all applicable boxes.)

The reuse of existing buildings on the premises

New building work on the premises The reuse of existing operational work on the premises New operational work on the premises

No No

Yes

No No

Yes Yes

Yes

Mandatory supporting information 4.

Confirm that the following mandatory supporting information accompanies this application

Mandatory supporting information

Confirmation of lodgement

Method of lodgement

✔ Confirmed

Smart EDA

All applications A site plan drawn to an appropriate scale (1:100, 1:200 or 1:500 are recommended scales) which shows the following:

• • • • •

• • • • • • •

the location and site area of the land to which the application relates (relevant land) the north point the boundaries of the relevant land any road frontages of the relevant land, including the name of the road the location and use of any existing or proposed buildings or structures on the relevant land (note: where extensive demolition or new buildings are proposed, two separate plans [an existing site plan and proposed site plan] may be appropriate) any existing or proposed easements on the relevant land and their function the location and use of buildings on land adjoining the relevant land all vehicle access points and any existing or proposed car parking areas on the relevant land. Car parking spaces for persons with disabilities and any service vehicle access and parking should be clearly marked for any new building on the relevant land, the location of refuse storage the location of any proposed retaining walls on the relevant land and their height the location of any proposed landscaping on the relevant land the location of any stormwater detention on the relevant land.

A statement about how the proposed development addresses the local government’s planning scheme and any other planning instruments or documents relevant to the application.

✔ Confirmed

A statement about the intensity and scale of the proposed use (e.g. number of visitors, number of seats, capacity of storage area etc.).

✔ Confirmed

Information that states:

✔ Confirmed

the existing or proposed floor area, site cover, maximum number of storeys and maximum height above natural ground level for existing or new buildings (e.g. information regarding existing buildings but not being reused) the existing or proposed number of on-site car parking bays, type of vehicle cross-over (for non-residential uses) and vehicular servicing arrangement (for non-residential uses).

Not applicable

IDAS form 5—Material change of use assessable against a planning scheme Version 3.0—1July 2013


A statement addressing the relevant part(s) of the State Development Assessment Provisions (SDAP).

Confirmed Not applicable

When the application involves the reuse of existing buildings Plans showing the size, location, existing floor area, existing site cover, existing maximum number of storeys and existing maximum height above natural ground level of the buildings to be reused.

Confirmed Not applicable

When the application involves new building work (including extensions)

✔ Confirmed

Floor plans drawn to an appropriate scale (1:50, 1:100 or 1:200 are recommended scales) which show the following:

• • • • •

the north point the intended use of each area on the floor plan (for commercial, industrial or mixed use developments only) the room layout (for residential development only) with all rooms clearly labelled the existing and the proposed built form (for extensions only) the gross floor area of each proposed floor area.

✔ Confirmed

Elevations drawn to an appropriate scale (1:100, 1:200 or 1:500 are recommended scales) which show plans of all building elevations and facades, clearly labelled to identify orientation (e.g. north elevation) Plans showing the size, location, proposed site cover, proposed maximum number of storeys, and proposed maximum height above natural ground level of the proposed new building work.

Confirmed Not applicable

When the application involves reuse of other existing work Plans showing the nature, location, number of on-site car parking bays, existing area of landscaping, existing type of vehicular cross-over (nonresidential uses), and existing type of vehicular servicing arrangement (nonresidential uses) of the work to be reused.

Confirmed

✔ Not applicable

When the application involves new operational work Plans showing the nature, location, number of new on-site car parking bays, proposed area of new landscaping, proposed type of new vehicle cross-over (non-residential uses), proposed maximum new vehicular servicing arrangement (non-residential uses) of the proposed new operational work.

✔ Confirmed Not applicable

Privacy—Please refer to your assessment manager, referral agency and/or building certifier for further details on the use of information recorded in this form.

OFFICE USE ONLY Date received

Reference numbers

The Sustainable Planning Act 2009 is administered by the Department of State Development, Infrastructure and Planning. This form and all other required application materials should be sent to your assessment manager and any referral agency.

Department of State Development, Infrastructure and Planning PO Box 15009 City East Qld 4002 tel 13 QGOV (13 74 68) info@dsdip.qld.gov.au www.dsdip.qld.gov.au

IDAS form 5—Material change of use assessable against a planning scheme Version 3.0—1July 2013


Smart eDA Smart eDA ID: 1376870516480

State assessments Lot 41 CAPE TRIBULATION RD, DIWAN 4 matters requiring further investigation.

State Assessment and Referral Agency Environment and Heritage Coastal zone Qld waterways for waterway barrier works Regional ecosystems Wetland management trigger area

Smart eDA (http://www.smarteda.qld.gov.au)

Yes Yes Yes Yes

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Application