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Ordinary Meeting Council Chambers Date: 4 June 2014 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 04 JUNE 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER


Mareeba Shire Council - Agenda

Wednesday 04 June 2014

ORDER OF BUSINESS MEMBERS IN ATTENDANCE OFFICERS IN ATTENDANCE APOLOGIES/LEAVE OF ABSENCE/ABSENCE ON COUNCIL BUSINESS BEREAVEMENTS/CONDOLENCES DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/CONFLICTS OF INTEREST CONFIRMATION OF MINUTES BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING CORPORATE AND COMMUNITY SERVICES .................................................................................5 REGIONAL LAND USE PLANNING ............................................................................................. 5 ITEM-1 Change of Development Approval for Comaray Pty Ltd - Reconfiguring a lot Subdivision (1 into 8 lots) at Lot 4 on RP739487 Emerald End Road Mareeba REC/08/0110 ..............................................................................................................5 ITEM-2 Change of Development Approval - Comaray Pty Ltd - Reconfiguring a Lot Subdivision (1 into 9 lots and balance) - Lot 4 on RP739487 Emerald End Road, Mareeba - RC2006/27 ...................................................................................57 ITEM-3 D Berry - Material Change of Use - Motor Home Park - Lot 412 on NR6054 277 Fichera Road Mareeba - DA/14/0005 ................................................................93 ITEM-4 Application for Permit to Occupy - Lot A on CNS14/019, Parish of Dynes .............113 ITEM-5 Conversion to Freehold - Lot 193 HG658 - via Wolfram Road, Dimbulah ..............121 ITEM-6 Review of the Queensland Heritage Act 1992 ........................................................131 ITEM-7 Review of the Far North Queensland Regional Organisation of Council's (FNQROC) Development Manual - Mareeba Shire Planning Scheme Policy 4......157 GOVERNANCE AND COMPLIANCE ....................................................................................... 171 ITEM-8 Adoption of Audit Report .........................................................................................171 ITEM-9 CCTV cameras located on northern wall of PCYC Hall, Walsh Street Mareeba, adjacent to Skate Park ............................................................................................209 INFRASTRUCTURE SERVICES...................................................................................................213 TECHNICAL SERVICES........................................................................................................... 213 ITEM-10 Panel of Preferred Providers - 2014-2015 Occassional Plant Hire - EOIMSC2014-01...........................................................................................................213 ITEM-11 Proposed Road Closure off Keeble Street, Mareeba .....................................221 ITEM-12 Thongon Street, Kuranda - Kerb and Channel ...............................................227

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CORPORATE AND COMMUNITY SERVICES REGIONAL LAND USE PLANNING ITEM-1

CHANGE OF DEVELOPMENT APPROVAL FOR COMARAY PTY LTD - RECONFIGURING A LOT - SUBDIVISION (1 INTO 8 LOTS) AT LOT 4 ON RP739487 EMERALD END ROAD MAREEBA REC/08/0110

DOCUMENT INFORMATION

MEETING:

Ordinary

DATE:

4 June 2014

REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT:

APPLICANT

Corporate and Community Services APPLICATION Comaray Pty Ltd

ADDRESS

PREMISES 200 Emerald End Road, Mareeba Lot 4 on RP739487

DATE REQUEST FOR CHANGE TO DEVELOPMENT APPROVAL LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

10 April 2014

FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

REC/08/0110 62.94 Hectares AREA Twine Surveys Pty Ltd Comaray Pty Ltd OWNER Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

RPD

Development Permit Reconfiguring a Lot - Subdivision (1 into 8 Lots)

Rural (Material Change of Use Approval for Rural Residential zone) Code Assessment N/A

ATTACHMENTS: 1. Notice of Decision on Request to Change a Development Approval dated 21 June 2011 2. Country Road Estate reconfiguration layout 3. Applicant’s request to change development approval dated 9 April 2014 4. Concurrence Agency response dated 6 May 2014 5. Extract from FNQROC Development Manual - Street Trees Planting

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EXECUTIVE SUMMARY Council, at its Ordinary Meeting held on 21 July 2010 approved the application made by Planning Far North on behalf of Comaray Pty Ltd for the issue of a development permit for reconfiguring a lot described as Lot 4 on RP739487, Parish of Tinaroo, County of Nares, situated at 200 Emerald End Road, Mareeba from one (1) lot into eight (8) lots and balance area. This development approval (REC/08/0110) covers Stage 7 of an eight (8) stage rural residential subdivision (Country Road Estate). A subsequent request to amend the development approval was approved by Council at its Ordinary Meeting held on 15 June 2011. The amended decision notice was issued on 21 June 2011. The application was code assessable and was therefore not required to be publicly advertised. Twine Surveys Pty Ltd on behalf of the applicants has lodged a further application to change the development approval with regard to Condition 4.10 Street Trees (Attachment 3). The applicants argue that Country Road Estate contains existing vegetation and trees retained throughout the development and it is not considered necessary for the provision of further street trees because of the existing vegetation. Statutory Guideline 06/09 (Substantially different development when changing applications and approvals) provides assistance to the assessment manager in determining if a proposed change constitutes a substantially different development. It is considered that the proposed change will not result in a substantially different development and constitute a permissible change under section 367 of SPA. It is recommended that the application be approved and an Adopted Infrastructure Charges Notice be issued in replacement of the existing headworks conditions/monetary contributions.

OFFICER'S RECOMMENDATION “1. That in relation to the application to change the following development approval:

APPLICANT

APPLICATION Comaray Pty Ltd

DATE REQUEST FOR CHANGE TO DEVELOPMENT APPROVAL LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

ADDRESS

10 April 2014

RPD

PREMISES 200 Emerald End Road, Mareeba Lot 4 on RP739487

Development Permit

Reconfiguring a Lot - Subdivision (1 into 8 Lots)

and in accordance with the Sustainable Planning Act 2009, as amended:

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(A)

Condition 4.10 of Council's Amended Decision Notice issued on 21 June 2011 be deleted.

(B)

Conditions 5.1, 5.2 and 5.3 of Council's Amended Decision Notice issued on 21 June 2011 be deleted.

(C)

Condition 3.2 of Council's Amended Decision Notice issued on 21 June 2011 be amended as follows: 3.2

(D)

2.

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All payments required to be made to the Council (including contributions, charges and bonds) pursuant to any condition of this approval or the Adopted Infrastructure Charges Notice must be made prior the endorsement of the plan of survey and at the rate applicable at the time of payment.

Additional advice statements be included as follows: (h)

An Adopted Infrastructure Charges Notice has been issued with respect to the approved development. The Adopted Infrastructure Charges Notice details the type of infrastructure charge/s, the amount of the charge/s and when the charge/s are payable.

(i)

The Adopted Infrastructure Charges Notice does not include all charges or payments that are payable with respect to the approved development. A number of other charges or payments may be payable as conditions of approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

That an Adopted Infrastructure Charges Notice be issued for the following infrastructure Charges:

Lots

Rate

Current Amount of Charge

Augmentation of the Road Network Contributions (Mareeba East)

8

$3,790.00

$30,320.00

Open Space Contributions

8

$3,790.00

$30,320.00

Water Supply Headworks Contributions

8

$3,790.00

$30,320.00

Infrastructure Charge

TOTAL CURRENT AMOUNT OF CHARGE 3.

$90,960.00

A Notice of Decision on Request to Change a Development Approval be issued to the applicant and referral agencies advising of Council’s decision.”

THE SITE The subject land is described as Lot 4 on RP 739487, Parish of Tinaroo, County of Nares, having an area of 62.94 hectares. The land has a frontage of approximately 50 metres onto Emerald End Road and 1,740 metres onto an unnamed road reserve.

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Approximately 580 metres of the unnamed road reserve will be constructed to provide access to the proposed development. Emerald End Road is constructed to bitumen sealed standard for the full frontage of the subject land. A dwelling house and farm shed exist on the subject land. Both structures will be located within proposed Lot 3 which will be created during Stage 1 of Country Road Estate. The majority of the Stage 7 area has been previously cleared of remnant vegetation. The subject land is located approximately 5 kilometres from the Mareeba Town Centre. The locality is characterised by a mix of large rural holdings and rural residential allotments. The Rise (rural residential) Estate is located immediately to the south of the subject land. On 10 December, 2004, the former Mareeba Shire Council issued a Decision Notice approving a Material Change of Use to include Lot 4 on RP739487 in the Rural Residential Zone. This approval confers rural residential development rights over the subject land.

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

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Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

BACKGROUND AND CONTEXT On the 21 July 2010 Council approved the application made by Planning Far North on behalf of Comaray Pty Ltd for the issue of a development permit for reconfiguring a lot described as Lot 4 on RP739487, Parish of Tinaroo, County of Nares, situated at 200 Emerald End Road, Mareeba from one (1) lot into eight (8) lots and balance area. This development approval (REC/08/0110) covers Stage 7 of an eight (8) stage rural residential subdivision (Country Road Estate). A subsequent request to amend the development approval was approved by Council at its Ordinary Meeting held on 15 June 2011. The amended decision notice was issued on 21 June 2011. Twine Surveys Pty Ltd on behalf of the applicants has lodged a further application to change the development approval with regard to Condition 4.10 Street Trees (Attachment 3). The applicants argue that Country Road Estate contains existing vegetation and trees retained throughout the development and it is not considered necessary for the provision of further street trees because of the existing vegetation.

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ASSESSMENT AND DECISION REQUIREMENTS Permissible change for a development approval The requested changes to the development approval must constitute a permissible change under section 367 of SPA. For deciding whether a change is a permissible change the planning instruments in force at the time of the request apply. A permissible change to the approval would not:

result in a substantially different development Statutory Guideline 06/09 (Substantially different development when changing applications and approvals) provides assistance to the assessment manager in determining if a proposed change constitutes a substantially different development. The following list provided in the Statutory Guideline identifies changes that may result in a substantially different development and would therefore not be a permissible change under SPA. The list is intended as a guide and is not intended to be exhaustive. A change may result in a substantially different development if the proposed change: Involves a new use with different or additional impacts Results in the application applying to a new parcel of land Dramatically changes the built form in terms of scale, bulk and appearance Changes the ability of the proposal to operate as intended Removes a component that is integral to the operation of the development  Significantly impacts on traffic flow and the transport network, such as increasing traffic to the site Introduces new impacts or increases the severity of known impacts  Removes an incentive or offset component that would have balanced a negative impact of the development Impacts on infrastructure provision, location or demand. It is considered that the proposed change will not result in a substantially different development.



require referral to additional concurrence agencies The proposed change does not result in a development requiring referral to additional concurrence agencies.



for an approval for assessable development that previously did not require impact assessment – require impact assessment The proposed change does not result in a change to the level of assessment.



for an approval for assessable development that previously required impact assessment – be likely, in the responsible entity’s opinion, to cause a person to make a properly made submission objecting to the proposed change, if the circumstance allowed The proposed change does not give rise to matters which may have attracted further submissions. Nor does the proposed change lessen or delete conditions which were imposed to mitigate impacts of the development. Page 10


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

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cause development to which the approval relates to include any prohibited development. The proposed change does not include any prohibited development.

The proposed change to the development approval constitutes a permissible change to the approval. Assessment rules Section 374 of SPA requires that Council must assess the proposed change having regard to: 

the information the person making the request included with the request The details of the request to change the approval were provided by the applicant in a letter to Council dated 9 April 2014. The proposed changes and response are addressed in the body of this report.



the matters the responsible entity would have regard to if the request were a development application If a new application was lodged for this proposal it would be assessed against generally the same planning instruments as was the original development application. Applicable Planning Instruments 

Mareeba Shire Planning Scheme 2004 The application was assessed and approved under the Mareeba Shire Planning Scheme 2004. This Planning Scheme remains in force.



Far North Queensland Regional Plan 2009-2031 The State Regulatory Provisions for the Far North Queensland Regional Plan 20092031 placed the subject land into the Regional Landscape and Rural Production Area. Development Approval REC/08/0110 was inconsistent with this designation. These State Regulatory Provisions were repealed in 2012.



Draft TRC Planning Scheme The draft TRC Planning Scheme was publicly notified in early 2013. The draft planning scheme places the subject land into the Rural Residential zone. Development Approval REC/08/0110 is consistent with the draft planning scheme.



State Planning Policies State Planning Policy - December 2013 consolidates most of the former separate state planning policies into a single document. The areas of state interest that would be applicable to a new development application are not significantly different to those applicable to the original development application.

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The changed development is not considered to conflict with State Planning Policy December 2013. Infrastructure Charges/Contributions Should Council agree to the proposed change, it will also be necessary to delete the existing infrastructure contribution conditions (Conditions 5.1, 5.2 & 5.3) and issue the applicant with an Adopted Infrastructure Charges Notice for equivalent infrastructure charges. All infrastructure contributions will remain payable at the rate applicable at the time of payment. 

if submissions were made about the original application – the submissions The original development application was Code Assessable and therefore was not subject to public notification.



any notice about the request given under section 373 (notices from Concurrence Agencies) to the entity The original application triggered referral to the Department of Natural Resources and Mines as a Concurrence Agency. Following recent State Government planning reforms, on 1 July 2013 the State Assessment and Referral Agency (SARA) was introduced in order to better manage the State's involvement in the assessment of development applications for which a state agency has jurisdiction (Concurrence and Advice Agencies). Under these changes, the Department of State Development, Infrastructure and Planning became the single assessment manager or referral agency for these development applications. The Department of State Development, Infrastructure and Planning advised in a letter dated 6 May 2014 that they have no objection to the proposed change (Attachment 4).



any pre-request response notice about the request No pre-request response notices were received.

REQUEST TO CHANGE THE DEVELOPMENT APPROVAL Condition 4.10 Street trees 4.10 Street Trees One (1) street tree must be provided in the nature strip of each lot created. The plan depicting species must be submitted to Council's delegated officer for approval. The street trees must be planted in accordance with the approved plan. Request by Applicant It is requested that this Condition be removed as the existing development contains significant vegetation. The Country Road Estate contains existing vegetation to keep within the nature and character of the immediate area and surrounding vicinity. The proposed and existing allotments contain sufficient trees with additional vegetation and trees retained Page 12


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throughout the development. It is not considered necessary for the provision of street trees within this development given the existing and retained vegetation. The applicant would like to additionally note that other developments within the surrounding environs and throughout the Mareeba shire do not contain the provision of street trees. It is considered that in this instance the existing vegetation, required protected vegetation and retained vegetation over the site is acceptable and the Country Road Estate has been designed to keep within the natural character of the area and provide sufficient vegetation onsite to allow for the removal of the conditioned street trees. The applicant has additionally informed Twine Surveys that the meeting between herself, the Mayor (of the previously amalgamated TRC) and Council Officers discussed this requirement in detail and the applicant consider this request to be acceptable. It is requested Council amend Condition 4.10 Street Trees by deleting same. Response Prior to amalgamation in 2008, Mareeba Shire Council rarely conditioned reconfiguration approvals to include street tree planting and it was left to the developer's discretion as to whether or not they would plant street trees. This changed post amalgamation with Tablelands Regional Council (TRC) choosing to follow the approach of the former Atherton Shire Council and require street trees for new residential subdivisions. Despite the TRC approach, the depressed property market has meant that very few of the TRC approved residential subdivisions have been commenced and as a result there has not been any significant increase in the number of developer established street trees in the Mareeba shire to date. Stages 1 and 2 of Country Road Estate were approved by Mareeba Shire Council prior to amalgamation and neither stage includes the street tree condition. Stage 7 was approved under Tablelands Regional Council and it includes the street tree condition. This is an obvious inconsistency between the Council approvals. Condition 4.10 requires the applicant to plant a minimum of one (1) tree per allotment created. Based on the typical allotment frontage within the development, this is likely to equate to one (1) tree every 30 to 40 metres on both sides of the internal roads. This spacing is approximately twice that of the FNQROC Development Manual guideline (maximum spacing should not exceed 20 metres). According to the FNQROC Development Manual, the ultimate aim of street tree planting is to provide: a.

An attractive streetscape with character and charm. An individual character may be obtained by using a specific tree species for each street

b.

Shade, and the reduction of heat and glare from the road pavement. Parked cars may remain cool during the summer months

c.

Habitat provision and enhancement. Native flowering trees provide a source of food and shelter for insects, birds and animals

In the opinion of the report writer, the applicant's compliance with Condition 4.10 will not satisfy the abovementioned FNQROC Development Manual aims because the spacing

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between the street trees will be too great to have a meaningful effect and earlier stages of the development are not conditioned to require street trees. The developer has retained numerous mature trees which are scattered throughout the development and this has had a greater beneficial impact on streetscape, character and habitat than would be achieved by the sparse planting of street trees. It is recommended that Council agree to delete Condition 4.10 and should future developments be conditioned to include street trees, the maximum street tree spacing should not exceed 20 metres. Condition 5.1 5.1

Roadworks Contribution The developer must pay a contribution for roadworks to Council in accordance with Mareeba Shire Planning Scheme Policy 6 (Augmentation of the Road Network Contribution) for the equivalent of eight (8) lots at the rate applicable at time of payment.

Comment The augmentation of the road network contribution payable under Condition 5.1 will now be included in an Adopted Infrastructure Charges Notice. As such, the condition is redundant and should be deleted. Condition 5.2 5.2

Water Headworks The developer must pay a contribution for eight (8) lots for water supply headworks to Council in accordance with Mareeba Shire Planning Scheme Policy 2 (Headworks Charges for Water Supply and Sewerage) at the rate applicable at time of payment.

Comment The water headworks charges/contribution payable under Condition 5.2 will now be included in an Adopted Infrastructure Charges Notice. As such, the condition is redundant and should be deleted. Condition 5.3 5.3

Open Space/Parks Contribution The developer must pay a contribution for eight (8) additional lots for open space/park to Council in accordance with Mareeba Shire Planning Scheme Policy 5 (Open Space Contributions) at the rate applicable at time of payment.

Comment The public open space contribution payable under Condition 5.3 will now be included in an Adopted Infrastructure Charges Notice. As such, the condition is now redundant and should be deleted.

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Amended Condition/Advice Statements As an Adopted Infrastructure Charges Notice will be required to be issued, it is recommended that Condition 3.2 be amended as follows: Condition 3.2 3.2

All payments required to be made to the Council (including contributions, charges and bonds) pursuant to any condition of this approval or the Adopted Infrastructure Charges Notice must be made prior the endorsement of the plan of survey and at the rate applicable at the time of payment.

The following additional advice clauses are recommended to be included: (h)

An Adopted Infrastructure Charges Notice has been issued with respect to the approved development. The Adopted Infrastructure Charges Notice details the type of infrastructure charge/s, the amount of the charge/s and when the charge/s are payable.

(i)

The Adopted Infrastructure Charges Notice does not include all charges or payments that are payable with respect to the approved development. A number of other charges or payments may be payable as conditions of approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

Date Prepared:

21 May 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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ATTACHMENT 4

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ATTACHMENT 5

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ITEM-2

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CHANGE OF DEVELOPMENT APPROVAL - COMARAY PTY LTD - RECONFIGURING A LOT - SUBDIVISION (1 INTO 9 LOTS AND BALANCE) - LOT 4 ON RP739487 EMERALD END ROAD, MAREEBA - RC2006/27

DOCUMENT INFORMATION

MEETING:

Ordinary

DATE:

4 June 2014

REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT:

APPLICANT

Corporate and Community Services APPLICATION Comaray Pty Ltd

ADDRESS

PREMISES 200 Emerald End Road, Mareeba Lot 4 on RP739487

DATE REQUEST FOR CHANGE TO DEVELOPMENT APPROVAL LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

10 April 2014

FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

RC2006/27 62.94 Hectares AREA Twine Surveys Pty Ltd Comaray Pty Ltd OWNER Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

RPD

Development Permit Reconfiguring a Lot - Subdivision (1 into 9 Lots and balance)

Rural (Material Change of Use Approval for Rural Residential zone) Code Assessment N/A

ATTACHMENTS: 1. Amended Decision Notice dated 25 August 2009 2. Country Road Estate reconfiguration layout 3. Applicant’s request to change development approval dated 8 April 2014 4. Concurrence Agency response dated 6 May 2014

EXECUTIVE SUMMARY Council, at its Ordinary Meeting held on 21 August 2007 approved a development application made by Twine Surveys Pty Ltd on behalf of Comaray Pty Ltd for reconfiguring a lot - subdivision (1 into 12 Lots) on land described as Lot 4 on RP739487, Parish of Tinaroo, situated at 200 Emerald End Road, Mareeba. Page 57


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A subsequent request to amend the development approval was approved by Council at its Ordinary Meeting held on 19 August 2009. The amended decision notice was issued on 25 August 2009. A further request to amend the development approval with regards to the approved lot layout was approved by Council at its Ordinary Meeting held on 15 July 2011. The amended lot layout resulted in a reduction of the number of lots from 11 lots and balance area (or 1 into 12 Lots) to nine (9) lots and balance area. Development Permit RC2006/27 covers Stage 2 of an eight (8) stage rural residential subdivision (Country Road Estate). The application was code assessable and was therefore not required to be publicly advertised. Twine Surveys Pty Ltd on behalf of the applicants has lodged a further application to change the development approval with regard to Condition 2 - External Works - Emerald End Road. The applicants state that due to the current economic climate and standstill in the property market, they wish to amend Condition 2 to allow the works/contribution required by this condition to be completed prior to the creation of any lots within Stage 3 (REC/08/0096). A deferral of Condition 2 until Stage 3 would place an unacceptable level of risk on Council and the future landowners of the Stage 2 allotments. Instead, Council officers propose that compliance with Condition 2 be deferred until creation of the final lot in Stage 2. Statutory Guideline 06/09 (Substantially different development when changing applications and approvals) provides assistance to the assessment manager in determining if a proposed change constitutes a substantially different development. It is considered that the proposed change will not result in a substantially different development and constitute a permissible change under section 367 of SPA. It is recommended that the application be approved in part and an Adopted Infrastructure Charges Notice be issued in replacement of the existing headworks conditions/monetary contributions.

OFFICER'S RECOMMENDATION “1.

That in relation to the application to change the following development approval:

APPLICANT

APPLICATION Comaray Pty Ltd

DATE REQUEST FOR CHANGE TO DEVELOPMENT APPROVAL LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

ADDRESS

10 April 2014

RPD

PREMISES 200 Emerald End Road, Mareeba Lot 4 on RP739487

Development Permit

Reconfiguring a Lot - Subdivision (1 into 9 Lots and balance)

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and in accordance with the Sustainable Planning Act 2009, as amended: (A)

Condition 2 - External Works of Council’s Amended Decision Notice issued on 25 August 2009 be amended as follows: 2.

External Works - Emerald End Road Prior to the endorsement by Council of a plan of survey creating the final lot under Development Approval RC2006/27, the following conditions must be completed to the satisfaction of Council's delegated officer: (i)

(ii)

(a)

The applicant is to construct kerb and channel on Emerald End Road for the complete frontage of the subject land and also between the subject land and the new road to be constructed along the northern boundary of the subject land.

(b)

The applicant is to widen and extend the existing bitumen on Emerald End Road by two (2) metres for the complete frontage of the subject land and also between the subject land and the new road to be constructed along the northern boundary of the subject land.

Alternatively, in lieu of constructing the works required by Conditions 2(i)(a) and 2(i)(b), the applicant is to contribute to Council an amount equivalent to the construction cost of the following works: (a)

The construction of kerb and channel on Emerald End Road for the complete frontage of the subject land and also between the subject land and the new road to be constructed along the northern boundary of the subject land.

(b)

The widening and extension of the existing bitumen on Emerald End Road by two (2) metres for the complete frontage of the subject land and also between the subject land and the new road to be constructed along the northern boundary of the subject land.

Based on the current construction cost, the applicable contribution as of 19 August 2009 is $133,059.00 (including GST). The applicable contribution shall be calculated based on the actual construction cost at the time of payment. The construction cost shall be adjusted on 30th June each financial year in accordance with the Road Industry Construction Index. (iii)

The Intersection of Emerald End Road and the unnamed road leading to the proposed development is to be designed and constructed in accordance with the FNQROC Development Manual. The main points to note from the manual are that the finished surface is to be in asphalt and the design is to be in accordance with NAASRA Part 5.

(iv)

The unnamed road leading to the proposed development is to be designed and constructed in accordance with the FNQROC Development Manual, in particular Table 1.4 Rural Road Elements (Rural Collector). Page 59


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(v)

The operational works mentioned in (i), (ii), (iii) and (iv) above must be undertaken as per the conditions listed in this decision notice.

(B)

Condition 1 of Council's Amended Decision Notice issued on 25 August 2009 be deleted.

(C)

Condition 6 of Council's Amended Decision Notice issued on 25 August 2009 be amended as follows: 6.

Water Supply (i)

Water reticulation is to be designed and constructed in accordance with the FNQROC Development Manual, with particular reference to the following sections. D5 S5

Water Reticulation (Design) Water Reticulation (Specification)

(ii)

Refer also to Mareeba Shire Council specific requirements and standard drawings, as listed in the FNQROC Manual.

(iii)

All work mentioned above including laying and installation, is to be carried out to the specific requirements of Mareeba Shire Council and the satisfaction of the Manager - Civil Works.

(D)

Condition 12 of Council's Amended Decision Notice issued on 25 August 2009 be deleted.

(E)

An additional condition be included as follows: 13.

(F)

2.

Wednesday 04 June 2014

All payments or bonds required to be made to the Council pursuant to any condition of this approval or the Adopted Infrastructure Charges Notice must be made prior to the endorsement of the plan of survey and at the rate applicable at the time of payment.

Additional advice statements be included as follows: (a)

An Adopted Infrastructure Charges Notice has been issued with respect to the approved development. The Adopted Infrastructure Charges Notice details the type of infrastructure charge/s, the amount of the charge/s and when the charge/s are payable.

(b)

The Adopted Infrastructure Charges Notice does not include all charges or payments that are payable with respect to the approved development. A number of other charges or payments may be payable as conditions of approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

That an Adopted Infrastructure Charges Notice be issued for the following infrastructure Charges:

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Lots

Rate

Current Amount of Charge

Augmentation of the Road Network Contributions (Mareeba East)

9

$3,790.00

$34,110.00

Open Space Contributions

9

$3,790.00

$34,110.00

Water Supply Headworks Contributions

9

$3,790.00

$34,110.00

Infrastructure Charge

TOTAL CURRENT AMOUNT OF CHARGE 3.

$102,330.00

A Notice of Decision on Request to Change a Development Approval be issued to the applicant and referral agencies advising of Council’s decision.�

THE SITE The subject land is described as Lot 4 on RP 739487, Parish of Tinaroo, County of Nares, having an area of 62.94 hectares. The land has a frontage of approximately 50 metres onto Emerald End Road and 1,740 metres onto an unnamed road reserve. Approximately 580 metres of the unnamed road reserve will be constructed to provide access to the proposed development. Emerald End Road is constructed to bitumen sealed standard for the full frontage of the subject land. A dwelling house and farm shed exist on the subject land. Both structures will be located within proposed Lot 3 which will be created during Stage 1 of Country Road Estate. The majority of the Stage 7 area has been previously cleared of remnant vegetation. The subject land is located approximately five (5) kilometres from the Mareeba Town Centre. The locality is characterised by a mix of large rural holdings and rural residential allotments. The Rise (rural residential) Estate is located immediately to the south of the subject land. On 10 December, 2004, the former Mareeba Shire Council issued a Decision Notice approving a Material Change of Use to include Lot 4 on RP739487 in the Rural Residential Zone. This approval confers rural residential development rights over the subject land.

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Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability

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in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

BACKGROUND AND CONTEXT Council, at its Ordinary Meeting held on 21 August 2007 approved a development application made by Twine Surveys Pty Ltd on behalf of Comaray Pty Ltd for reconfiguring a lot - subdivision (1 into 12 Lots) on land described as Lot 4 on RP739487, Parish of Tinaroo, situated at 200 Emerald End Road, Mareeba. This development approval (RC2006/27) covers Stage 2 of an eight (8) stage rural residential subdivision (Country Road Estate). A subsequent request to amend the development approval was approved by Council at its Ordinary Meeting held on 19 August 2009. The amended decision notice was issued on 25 August 2009. A further request to amend the development approval with regards to the approved lot layout was approved by Council at its Ordinary Meeting held on 15 July 2011. The amended lot layout resulted in a reduction of the number of lots from 11 lots and balance area (or 1 into 12 Lots) to 9 lots and balance area. Twine Surveys Pty Ltd on behalf of the applicants has lodged a further application to change the development approval with regard to Condition 2 - External Works - Emerald End Road (Attachment 3). The applicants state that due to the current economic climate and standstill in the property market, they wish to amend Condition 2 to allow the works/contribution required by this condition to be completed prior to the creation of any lots within Stage 3 (REC/08/0096). The amendment would ensure the timing of Condition 2 (RC2006/27) is consistent with the timing of a related Council condition (Condition 4.3 of REC/08/0110) for Stage 7 which reads as follows: "Prior to the endorsement of the plan of survey for Stage 3, Condition 2 External Works of Decision Notice RC2006/27 (Stage 2) dated 25 August 2009 must be completed to the satisfaction of Council's delegated officer." To date, all development works for Stages 1 and 7 (Stage 7 is effectively Stage 1a) have been completed and are on maintenance. Survey plans creating the first six (6) lots within Stages 1 & 7 have been registered. The development works for Stage 2, except for Condition 2, have been constructed and are expected to be placed on maintenance in the near future.

ASSESSMENT AND DECISION REQUIREMENTS Permissible change for a development approval The requested changes to the development approval must constitute a permissible change under section 367 of SPA. For deciding whether a change is a permissible change the planning instruments in force at the time of the request apply. A permissible change to the approval would not:ď€

result in a substantially different development

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Statutory Guideline 06/09 (Substantially different development when changing applications and approvals) provides assistance to the assessment manager in determining if a proposed change constitutes a substantially different development. The following list provided in the Statutory Guideline identifies changes that may result in a substantially different development and would therefore not be a permissible change under SPA. The list is intended as a guide and is not intended to be exhaustive. A change may result in a substantially different development if the proposed change: Involves a new use with different or additional impacts Results in the application applying to a new parcel of land Dramatically changes the built form in terms of scale, bulk and appearance Changes the ability of the proposal to operate as intended Removes a component that is integral to the operation of the development  Significantly impacts on traffic flow and the transport network, such as increasing traffic to the site Introduces new impacts or increases the severity of known impacts  Removes an incentive or offset component that would have balanced a negative impact of the development Impacts on infrastructure provision, location or demand. It is considered that the proposed change will not result in a substantially different development. 

require referral to additional concurrence agencies The proposed change does not result in a development requiring referral to additional concurrence agencies.



for an approval for assessable development that previously did not require impact assessment – require impact assessment The proposed change does not result in a change to the level of assessment.



for an approval for assessable development that previously required impact assessment – be likely, in the responsible entity’s opinion, to cause a person to make a properly made submission objecting to the proposed change, if the circumstance allowed The proposed change does not give rise to matters which may have attracted further submissions. Nor does the proposed change lessen or delete conditions which were imposed to mitigate impacts of the development.



cause development to which the approval relates to include any prohibited development. The proposed change does not include any prohibited development.

The proposed change to the development approval constitutes a permissible change to the approval.

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Assessment rules Section 374 of SPA requires that Council must assess the proposed change having regard to: 

the information the person making the request included with the request The details of the request to change the approval were provided by the applicant in a letter to Council dated 8 April 2014. The proposed changes and response are addressed in the body of this report.



the matters the responsible entity would have regard to if the request were a development application If a new application was lodged for this proposal it would be assessed against generally the same planning instruments as was the original development application. Applicable Planning Instruments 

Mareeba Shire Planning Scheme 2004 The application was assessed and approved under the Mareeba Shire Planning Scheme 2004. This Planning Scheme remains in force.



Far North Queensland Regional Plan 2009-2031 The State Regulatory Provisions for the Far North Queensland Regional Plan 20092031 placed the subject land into the Regional Landscape and Rural Production Area. Development Approval RC2006/27 was inconsistent with this designation. These State Regulatory Provisions were repealed in 2012.



Draft TRC Planning Scheme The draft TRC Planning Scheme was publicly notified in early 2013. planning scheme places the subject land into the Rural Residential zone.

The draft

Development Approval RC2006/27 is consistent with the draft planning scheme. 

State Planning Policies State Planning Policy - December 2013 consolidates most of the former separate state planning policies into a single document. The areas of state interest that would be applicable to a new development application are not significantly different to those applicable to the original development application. The changed development is not considered to conflict with State Planning Policy December 2013.

Infrastructure Charges/Contributions Should Council agree to the proposed change it will also be necessary to delete the existing infrastructure contribution conditions (Conditions 1, 6(iv) & 12) and issue the Page 65


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applicant with an Adopted Infrastructure Charges Notice for equivalent infrastructure charges. All infrastructure contributions will remain payable at the rate applicable at the time of payment. 

if submissions were made about the original application – the submissions The original development application was Code Assessable and therefore was not subject to public notification.



any notice about the request given under section 373 (notices from Concurrence Agencies) to the entity The original application triggered referral to the Department of Natural Resources and Mines as a Concurrence Agency. Following recent State Government planning reforms, on 1 July 2013 the State Assessment and Referral Agency (SARA) was introduced in order to better manage the State's involvement in the assessment of development applications for which a state agency has jurisdiction (Concurrence and Advice Agencies). Under these changes, the Department of State Development, Infrastructure and Planning became the single assessment manager or referral agency for these development applications. The Department of State Development, Infrastructure and Planning advised in a letter dated 6 May 2014 that they have no objection to the proposed change (Attachment 4).



any pre-request response notice about the request No pre-request response notices were received.

REQUEST TO CHANGE THE DEVELOPMENT APPROVAL Condition 2 - External Works - Emerald End Road 2.

External Works - Emerald End Road (i)

(ii)

(a)

The applicant is to construct kerb and channel on Emerald End Road for the complete frontage of the subject land and also between the subject land and the new road to be constructed along the northern boundary of the subject land.

(b)

The applicant is to widen and extend the existing bitumen on Emerald End Road by two (2) metres for the complete frontage of the subject land and also between the subject land and the new road to be constructed along the northern boundary of the subject land.

Alternatively, in lieu of constructing the works required by Conditions 2(i)(a) and 2(i)(b), the applicant is to contribute to Council an amount equivalent to the construction cost of the following works: (a)

The construction of kerb and channel on Emerald End Road for the complete frontage of the subject land and also between the subject land Page 66


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and the new road to be constructed along the northern boundary of the subject land. (b)

The widening and extension of the existing bitumen on Emerald End Road by two (2) metres for the complete frontage of the subject land and also between the subject land and the new road to be constructed along the northern boundary of the subject land.

Based on the current construction cost, the applicable contribution as of 19 August 2009 is $133,059.00 (including GST). The applicable contribution shall be calculated based on the actual construction cost at the time of payment. The construction cost shall be adjusted on 30th June each financial year in accordance with the Road Industry Construction Index. (iii)

The Intersection of Emerald End Road and the unnamed road leading to the proposed development is to be designed and constructed in accordance with the FNQROC Development Manual. The main points to note from the manual are that the finished surface is to be in asphalt and the design is to be in accordance with NAASRA Part 5.

(iv)

The unnamed road leading to the proposed development is to be designed and constructed in accordance with the FNQROC Development Manual, in particular Table 1.4 Rural Road Elements (Rural Collector).

(v)

The operational works mentioned in (i), (ii), (iii) and (iv) above must be undertaken as per the conditions listed in this decision notice.

Request by Applicant It is requested that this Condition be brought in-line with the Roadworks -External Construction Condition nominated in Development Approval REC/08/0110 which nominates that 'Prior to the endorsement of the plan of survey for Stage 3, Condition 2 External Works of Decision Notice RC2006/27 (Stage 2) dated 25 August 2009 must be completed to the satisfaction of Council's delegated officer'. Given the current economic climate and standstill in the property market the Condition that requires a construction cost of $133,059.00 in 2009, for 9 allotments with additional roadwork contributions, is not considered reasonable within this financial environment. It is noted that the site has a frontage of 49.94 metres to Emerald End Road and for the subdivision of 9 allotments triggering External Works (of an additional 220 plus metres on top of the 50 metre frontage), this condition seems to be greater than that relevant to the proposal and onerous. It is considered by the applicant that the External Works Condition is excessive and that the Condition should reflect the Roadworks - External Construction Condition as nominated in REC/08/0110. The applicant has informed Twine Surveys that the Meeting between herself, the Mayor (TRC) and Council Officers discussed this requirement in detail and the applicant believes that the way forward is for this Condition to be provided prior to the endorsement of the plan of survey for Stage 3. This will additionally bring the Condition in-line with the Stage 7 Development Approval (REC/08/0110).

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It is requested Council amend Condition 2 External Works- Emerald End Road to the following: 2.

External Works - Emerald End Road Prior to the endorsement of the plan of survey for Stage 3 the following must be completed to the satisfaction of Council's delegated officer: (i)

(ii)

(a)

The applicant is to construct kerb and channel on Emerald End Road for the complete frontage of the subject land and also between the subject land and the new road to be constructed along the northern boundary of the subject land.

(b)

The applicant is to widen and extend the existing bitumen on Emerald End Road by two (2) metres for the complete frontage of the subject land and also between the subject land and the new road to be constructed along the northern boundary of the subject land.

Alternatively, in lieu of constructing the works required by Conditions 2(i)(a) and 2(i)(b), the applicant is to contribute to Council an amount equivalent to the cost of the following works: (a)

The construction of the kerb and channel on Emerald End Road for the complete frontage of the subject land and also between the subject land and the new road to be constructed along the northern boundary of the subject land.

(b)

The widening and extension of the existing bitumen on Emerald End Road by two (2) metres for the complete frontage of the subject land and also between the subject land and the new road to be constructed along the northern boundary of the subject land.

Based on the current construction cost, the applicable contribution as of 19 August 2009 is $133,059.00 (including GST). The applicable contribution shall be calculated based on the actual construction cost at the time of payment. The construction cost shall be adjusted on the 30th June each financial year in accordance with the Road Industry Construction Index. Response Condition 2 requires the applicant to upgrade Emerald End Road for the frontage of the subject land and up to the intersection of Country Road/Emerald End Road. Country Road was constructed by the applicant as part of Stage 1 of Country Road Estate and it is the only access into this development at this point in time. The Country Road road reserve abutting Emerald End Road is approximately 260 metres wide and the applicant chose to construct Country Road at the northernmost extent of this reserve. As a consequence, Condition 2 requires the applicant to upgrade the additional 200 plus metres of Emerald End Road between the end of the subject land's frontage and the constructed formation of Country Road.

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The length of Emerald End Road required to be upgraded under Condition 2 could have been reduced if the applicant had chosen to construct Country Road further south. Council officers do not accept that Condition 2 is not relevant to the proposal, or that it is an onerous requirement. The developers of the neighbouring "The Rise" rural residential estate have also upgraded Emerald End Road as a requirement of their development approval. Whilst Council officers maintain the position that the upgrading of Emerald End Road is reasonably required for Country Road Estate, the timing for the upgrade may be varied.

Deferring compliance with this condition until after the completion of the stage places an unacceptable level of risk on Council and the future owners of the Stage 2 allotments because development approvals attach to land, not the applicant. Once the applicant has sold the Stage 2 allotments, responsibility to comply with the outstanding condition would pass from the applicant to the new land owners. If the applicant subsequently walks away from their commitment to upgrade the frontage, Council's only recourse would be to take compliance action against the current land owners, not the original applicant. Due to the separate development approvals making up Country Road Estate, the applicant's proposed amendment would also mean that the applicant could walk away from the development after completing Stages 1, 2 and 7 and never proceed with Stage 3. In such a circumstance, the requirement to upgrade the road frontage would never be triggered. Accordingly, it is not proposed to accept the applicants' change in full; instead, Council officers recommend that compliance with Condition 2 of Stage 2 be deferred until lodgement of the plan of survey creating the final lot within Stage 2. This alternative provides the applicant with the opportunity to raise the funds to comply with Condition 2 by selling the majority of the lots within Stages 1, 2 and 7, but also ensures Council retains the ability to ensure compliance with Condition 2 as part of Stage 2. It is recommended that Condition 2 be amended as follows: 2.

External Works - Emerald End Road Prior to the endorsement by Council of a plan of survey creating the final lot under Development Approval RC2006/27, the following conditions must be completed to the satisfaction of Council's delegated officer: (i)

(a)

The applicant is to construct kerb and channel on Emerald End Road for the complete frontage of the subject land and also between the subject land and the new road to be constructed along the northern boundary of the subject land‌etc

Condition 1 1.

To cover extra traffic movements created by this development, the applicant must contribute a sum as per the current Headworks Policy, per additional allotment created to enable Council to upgrade roads adjacent and external to this proposed development. This contribution is to be paid prior to the signing and sealing of the Plan of Survey.

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At the same time, as the contribution is paid, a copy of the Plan of Survey and the Form 6 that is lodged with the Department of Natural Resources, Mines and Water for each permanent survey mark installed, must also be lodged with Council prior to the signing and sealing of the Plan of Survey. Comment The augmentation of the road network contribution payable under Condition 1 will now be included in an Adopted Infrastructure Charges Notice. As such, the condition is redundant and should be deleted.

Condition 6 - Water Supply 6.

Water Supply (i)

Water reticulation is to be designed and constructed in accordance with FNQROC Development Manual with particular reference to the following sections. D5 S5

Water Reticulation (Design) Water Reticulation (Specification)

(ii)

Refer also to Mareeba Shire Council specific requirements and standard drawings, as listed in the FNQROC Manual.

(iii)

All work mentioned above including laying and installation, is to be carried out to the specific requirements of Mareeba Shire Council and the satisfaction of the Manager - Civil Works.

(iv)

The applicant shall contribute to the cost of water headworks in accordance with the adopted policy of Council existing at the time of submission of the application. This payment to be made prior to the signing and sealing of the Plan of Survey.

Comment The water headworks charges/contribution payable under Part (iv) of Condition 6 will now be included in an Adopted Infrastructure Charges Notice. As such, Part (iv) of the condition is redundant and should be deleted. It is recommended Condition 6 - Water Supply be amended as follows: 6.

Water Supply (i)

Water reticulation is to be designed and constructed in accordance with FNQROC Development Manual with particular reference to the following sections. D5 S5

(ii)

Water Reticulation (Design) Water Reticulation (Specification)

Refer also to Mareeba Shire Council specific requirements and standard drawings, as listed in the FNQROC Manual. Page 70


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(iii)

All work mentioned above including laying and installation, is to be carried out to the specific requirements of Mareeba Shire Council and the satisfaction of the Manager - Civil Works.

(iv)

The applicant shall contribute to the cost of water headworks in accordance with the adopted policy of Council existing at the time of submission of the application. This payment to be made prior to the signing and sealing of the Plan of Survey.

Condition 12 12.

The Applicant shall make a contribution per additional allotment towards public open space in accordance with the adopted policy of Council existing at the time of payment. This payment to be made prior to the signing and sealing of the Plan of Survey.

Comment The public open space contribution payable under Condition 12 will now be included in an Adopted Infrastructure Charges Notice. As such, the condition is now redundant and should be deleted. Additional Conditions/Advice Statements As an Adopted Infrastructure Charges Notice will be required to be issued it is recommended that an additional condition be included as follows: 13.

All payments or bonds required to be made to the Council pursuant to any condition of this approval or the Adopted Infrastructure Charges Notice must be made prior to the endorsement of the plan of survey and at the rate applicable at the time of payment.

The following advice clauses are recommended to be included: (a)

An Adopted Infrastructure Charges Notice has been issued with respect to the approved development. The Adopted Infrastructure Charges Notice details the type of infrastructure charge/s, the amount of the charge/s and when the charge/s are payable.

(b)

The Adopted Infrastructure Charges Notice does not include all charges or payments that are payable with respect to the approved development. A number of other charges or payments may be payable as conditions of approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

Date Prepared:

14 May 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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ATTACHMENT 4

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ITEM-3

Wednesday 04 June 2014

D BERRY - MATERIAL CHANGE OF USE - MOTOR HOME PARK - LOT 412 ON NR6054 - 277 FICHERA ROAD MAREEBA - DA/14/0005

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 June 2014

REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT:

Corporate and Community Services APPLICATION DETAILS

APPLICANT

APPLICATION D Berry

ADDRESS

PREMISES 277 Fichera Road, Mareeba Lot 415 on NR6054

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

6 March 2014 Development Permit

FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

DA/14/0005 142.8 Ha AREA D Berry D & B Berry OWNER Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ATTACHMENTS:

RPD

Material Change of Use - Motor Home Park

Rural Impact Assessment No properly made submissions

1.

Proposal Plan/s (DWS VS# 3537941)

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EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is impact assessable and no properly made submissions were received in response to public notification of the application. The applicants propose the establishment of a motor home park on their property at 277 Fichera Road, Mareeba. The proposed motor home park will cater for self contained motor homes only and will be limited to a designated motor home parking area adjacent the 'Ringers Rest' rural function centre already established on site. The application and supporting material has been assessed against the relevant planning instruments including the FNQ Regional Plan, the State Planning Policy, and the Mareeba Shire Planning Scheme (including codes and policies), and does not conflict with any relevant instrument. The key issue with the proposed development is ensuring the use occurs on site with minimal environmental impact, particularly regarding wastewater disposal. It is considered this issue can be adequately managed through conditions of approval. It is recommended that the application be approved in full, subject to conditions.

OFFICER'S RECOMMENDATION "That, in relation to the following development application:

APPLICANT DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

APPLICATION D Berry

ADDRESS

6 March 2014 Development Permit

RPD

PREMISES 277 Fichera Road, Mareeba Lot 415 on NR6054

Material Change of Use - Motor Home Park

and in accordance with the Sustainable Planning Act 2009, as amended, the applicant be notified that the application for a development permit for the development specified in (A) is: Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), relevant period in (E), further permits in (F), and further approvals from Council listed in (G); And The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument. (A)

APPROVED DEVELOPMENT: Development Permit for Material Change of Use - Motor Home Park

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(B)

APPROVED PLANS: Plan/Document Number -

(C)

Wednesday 04 June 2014

Plan/Document Title -

Prepared by D Berry

Dated -

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme 1.

Development must be carried out substantially in accordance with the approved plans and the facts and circumstances of the use as submitted with the application, subject to any alterations: found necessary by Council’s delegated officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements; and to ensure compliance with the following conditions of approval.

2.

Timing of Effect

3.

2.1

The conditions of the development permit must be complied with to the satisfaction of Council’s delegated officer prior to the commencement of the use except where specified otherwise in these conditions of approval.

2.2

Prior to the commencement of use, the applicant must notify Council that all the conditions of the development permit have been complied with, except where specified otherwise in these conditions of approval.

General 3.1

The development approval would not have been issued if not for the conditions requiring the construction of infrastructure or the payment of infrastructure charges within the conditions of approval or the Adopted Infrastructure Charges Notice.

3.2

The applicant/developer is responsible for the cost of necessary alterations to existing public utility mains, services or installations required by works in relation to the proposed development or any works required by condition(s) of this approval.

3.3

All payments or bonds required to be made to the Council pursuant to any condition of this approval must be made prior to commencement of the use and at the rate applicable at the time of payment.

3.4

All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.5

Noise Nuisance Refrigeration equipment, pumps, compressors and mechanical ventilation systems must be located, designed, installed and maintained to achieve a maximum noise level of 3dB(A) above background levels as measured from noise sensitive locations. Page 95


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Waste Management The applicant shall ensure there is no on site disposal of refuse associated with the motor home park use unless such refuse is disposed of in refuse bins provided in accordance with the following:

3.7

(i)

No refuse is to be stored on site outside the refuse bins at any time.

(ii)

On site refuse storage area for all refuse bins must be provided and be screened from view from adjoining properties and road reserve by a one (1) metre wide landscaped screening buffer, 1.8m high solid fence or building.

Bushfire Management A Bushfire Management Plan, incorporating evacuation procedures for the motor home park, must be prepared to the satisfaction of Council's delegated officer. The approved use must comply with the requirements of the Management Plan at all times.

3.8 Signage

3.9

(i)

No more than two (2) advertising signs for the motor home park are permitted on the subject site.

(ii)

Signs must not exceed 2.4 metres x 1.2 metres or a maximum area of 2.9m2.

(iii)

The sign/s must be kept clean, in good order and safe repair for the life of the approval.

(iv)

The sign/s must be removed when no longer required.

(v)

The erection and use of the advertisement must comply with the Building Act and all other relevant Acts, Regulations and these approval conditions.

The motor home park shall not accommodate more than 1,500 overnight motor home stays per annum. Records of all overnight stays must be kept and made available to Council upon request.

3.10 The motor home park must only accommodate self contained motor homes. Self contained motor homes must have an onboard toilet and shower, onboard water supply and wastewater holding tanks. 3.11 The maximum length of stay for each motor home must not exceed five (5) consecutive days.

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Wednesday 04 June 2014

Infrastructure Services and Standards 4.1

4.2

4.3

4.4

Access (i)

Access to the motor home park is to be gained from the existing bitumen sealed vehicle crossover and internal bitumen driveway currently servicing the 'Ringers Rest' rural function hall only. No access is to be gained from the northern most or southern most property accesses.

(ii)

The access crossover mentioned in 4.1.1 must be maintained to bitumen sealed standard (from the edge of the road pavement to the property boundary of the subject lot) in accordance with the FNQROC Development Manual, to the satisfaction of Council's delegated officer for the life of this development.

Stormwater Drainage/Water Quality (i)

The applicant/developer must take all necessary steps to ensure a non-worsening effect on surrounding land as a consequence of the development.

(ii)

Prior to the development commencing, the applicant must develop a Stormwater Quality Management Plan, including an Erosion and Sediment Control Plan. The plan must detail what measures will be implemented to prevent erosion in the event the surface of the motor home parking area deteriorates due to wet weather and/or high traffic.

(iii)

The applicant/developer must ensure that the Stormwater Quality Management Plan is complied with for the life of the development.

Car Parking/Internal Driveways (i)

All car parking associated with the motor home park must be accommodated within the subject site.

(ii)

All internal roads used for the motor home park must be constructed and maintained with a gravelled surface for the life of the development, to the satisfaction of Council's delegated officer.

Landscaping Prior to the commencement of the use, the applicant/developer must prepare and submit a landscape plan for consideration and approval by Council's delegated officer. The landscape plan should illustrate, at minimum, a three (3) metre wide landscape buffer along the western property boundary parallel to the designated motor home parking area only. The landscape strip should include shrubs and trees that: (i)

are planted at a maximum spacing of one (1) metre; and

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Wednesday 04 June 2014

will grow to form an effective visual buffer of no less than three (3) metres in height.

Landscaping of the site must be carried out in accordance with the endorsed landscape plan within twelve (12) months of the commencement of the use, and mulched irrigated and maintained for the life of the approved development to the satisfaction of Council's delegated officer. 4.5

Lighting Where outdoor lighting is required the developer shall locate, design and install lighting to operate from dusk to dawn within all areas where the public will be given access, which prevents the potential for light spillage to cause nuisance to neighbours and must be provided in accordance with Australian Standard 1158.1 – Lighting for Roads and Public Spaces. Illumination resulting from direct, reflected or other incidental light emanating from the subject land does not exceed eight (8) lux when measured at any point 1.5m outside the property boundary of the subject site. The lighting fixtures installed on site must meet appropriate lux levels as documented within Australian Standard 4282 – Control of the Obtrusive Effects of Outdoor Lighting.

4.6

Non-Reticulated Water Supply All non-potable water supplied to park visitors must be clearly labelled at each tap - Non Potable Water - not safe for Human Consumption. In the event that the motor home park is provided with a potable water supply, it must be treated so as to be potable (safe for drinking in accordance with National Health Medical Research Guidelines).

4.7

(D)

On-Site Wastewater Management (i)

No black or grey water from motor homes is to be discharged on site.

(ii)

Any accidental discharge of black or grey water on site must be reported to Council immediately.

ASSESSMENT MANAGER’S ADVICE (a)

An Adopted Infrastructure Charges Notice has been issued with respect to the approved development. The Adopted Infrastructure Charges Notice details the type of infrastructure charge/s, the amount of the charge/s and when the charge/s are payable.

(b)

The Adopted Infrastructure Charges Notice does not include all charges or payments that are payable with respect to the approved development. A number of other charges or payments may be payable as conditions of approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

(c)

Compliance with applicable codes/policies Page 98


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The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval. (d)

Environmental Protection and Biodiversity Conservation Act 1999 The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.environment.gov.au

(e)

Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.datsima.qld.gov.au

(f)

(E)

The applicant is advised that an application to Council for approval to operate under Council's Local Law No 1 (Administration) 2011 is required prior to the commencement of the motor home park.

RELEVANT PERIOD When approval lapses if development not started (s.341) 

(F)

Material Change of Use – four (4) years (starting the day the approval takes effect);

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS  Nil

(G)

OTHER APPROVALS REQUIRED FROM COUNCIL  Nil

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That an Adopted Infrastructure Charges Notice be issued for the following infrastructure charge/s:

Infrastructure Charge

Rate

Augmentation of the Road Network Contributions (Mareeba East)

82.19% of Standard road contribution ($3,790.00)

TOTAL CURRENT AMOUNT OF CHARGE

Current Amount of Charge $3,115.00

$3,115.00

"

THE SITE The subject site is situated approximately four (4) kilometres from the Mareeba township at 277 Fichera Road, Mareeba and is described as Lot 415 on NR6054, Parish of Tinaroo, County of Nares. The site is irregular in shape with total area of 142.8 hectares and is zoned Rural under the Mareeba Shire Planning Scheme. The site contains approximately 1.2 kilometres of frontage to Fichera Road which is constructed to bitumen sealed standard for this entire frontage, and back to its intersection with Tinaroo Creek Road. The western half of the site remains relatively flat while the eastern half of the site contains a varying topography falling to the east and including numerous small gullies and seasonal watercourses that drain to Tinaroo Creek, which runs parallel to, but not adjacent to the eastern boundary of the site (separated by a thin parcel of State land). The site is almost entirely covered in scattered mature vegetation that is a mix of 'remnant vegetation of least concern regional ecosystem' and 'of concern regional ecosystem'. The south-west corner of the site has been completely cleared of remnant vegetation and is mapped as Good Quality Agricultural Land by the Planning Scheme's land quality mapping. Contrary to this GQAL classification, the majority of the site, including the mapped GQAL area, is covered in scattered volcanic basalt rock. The proposed motor home parking area will be situated within this existing cleared GQAL area in close proximity to the 'Ringers Rest' rural function centre already established on site (shown in red on below mapping). This function centre is accessed from Fichera Road via a bitumen sealed crossover and internal driveway. A second crossover to the north is used to gain access to two stand-alone dwellings situated on the northern end of the property. All surrounding allotments are zoned rural and contain a mix of land uses including rural lifestyle, low intensity grazing and fruit orchards.

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Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability

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in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

BACKGROUND AND CONTEXT Nil

PREVIOUS APPLICATIONS & APPROVALS Council, at its Ordinary Meeting held on 18 July 2000, resolved to issue a development permit for an application made by DH Berry for Material Change of Use - Outdoor Recreation Centre (Balloon Storage Shed, Toilets & Barbecue Shelter Shed) over land described as Lot 415 on NR6054, situated at 277 Fichera Road, Mareeba (the subject site). This rural function centre is still in operation on the subject site and is knows as 'Ringers Rest'. The proposed motor home park area will be situated just to the south-east of the existing function centre.

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Motor Home Park in accordance with the plans shown in Attachment 1. The applicants propose to use a portion of existing cleared land within the subject site to allow for short term stays for self contained motor homes only. The applicants have stated that sufficient area exists within the designated motor home parking area to provide a certain level of privacy between vehicles and to allow for the safe, unrestricted manoeuvring of vehicles. The applicants propose to manage the parking of motor homes within the designated area so that any unused land can continue to be used for grazing purposes. The applicants state that the motor home park is proposed in response to the ever increasing demand of self-sufficient travellers looking for "bush camp" style stays. As such, amenities such as toilets and showers will not be provided. Despite this, there are already toilet facilities established in close proximity to the motor home parking area for use in conjunction with the Ringers Rest rural function centre established on site. The park will be operated in accordance with the 'leave no trace' principles endorsed by the Campervan and Motorhome Club of Australia (CMCA). The applicants have stated that the maximum length of stay permitted will be 5 consecutive days, however it is expected that the general length of stay will be for 1-2 days. As the owners wish to capitalise during the peak tourist seasons, and also want to be able to accommodate motor home 'chapters' (between 10-30 motor homes), they have not proposed a daily limit on the number of motor homes allowed on site, instead, the applicants have proposed a maximum number of overnight stays of 1,500 per year. Access to the proposed motor home parking area will be gained from Fichera Road via an existing bitumen sealed crossover and internal access road which leads to the existing Ringers Rest function centre. From here, a compacted gravel sealed road is proposed to the designated motor home parking area. The applicants have stated that motor home owners may use the existing composting toilets established on site for the existing function centre, however, no dumping of grey or black water is to occur on site. Instead, the applicants will be advising motor home owners, upon arrival, of the Page 102


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nearest wastewater 'dump point' situated in Mareeba. Water supply to the site is currently gained from the Mareeba Dimbulah Irrigation System and is not classed as potable. The applicants propose to label all existing water supply points to emphasize this. It is anticipated that when funding permits, a potable water supply will be supplied to the motor home park compliant with the National Health Medical Research Guidelines.

REGIONAL PLAN DESIGNATION The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The Regional Plan Map 3‘Areas of Ecological Significance’ also identifies the site as containing:  Terrestrial Area of High Ecological Significance  Terrestrial Area of General Ecological Significance  Wetland Area of General Ecological Significance

PLANNING SCHEME DESIGNATIONS Strategic Framework designation:

Mareeba - Dimbulah Irrigation Area

Zone:

Rural (GQAL and Non-GQAL)

Overlays

Natural Disaster - Bushfire Overlay

Planning Scheme Definitions The proposed use is defined as:Motor home park means the use of premises for the parking of self-contained motor homes for short stays without requiring facilities normally associated with a caravan park. The term does not include Caravan park as otherwise defined. RELEVENT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:(a)

Far North Queensland Regional Plan 2009-2031

Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

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DRO 2.1 Regional Landscape Values Land Use Policy 2.1.1

The value of the landscape for nature conservation, primary production, renewable energy resource areas, priority carbon sequestration, cultural heritage, outdoor recreation and scenic amenity is given appropriate recognition in land use planning and development assessment.

Complies

Comments

Complies - The subject land has scenic amenity values due to its extensive remnant vegetation coverage. The proposed development will make use of established clearings and no further vegetation clearing is necessary to facilitate the development of the motor home park.

DRO 2.4 Primary Production & Fisheries Land Use Policy 2.4.1

Good quality agricultural land is protected from urban development outside the urban footprint.

Complies

Comments

Complies - The Regional Plan does not define the proposed use as an urban activity; instead, it is defined as Tourist Activity. Planning Scheme Map S2 identifies the subject land as containing good quality agricultural land. However, considering the large amounts of basalt rock scattered over the subject site, this officer considers this GQAL classification to be questionable at best.

2.4.2

Appropriate buffer distances between incompatible uses and agricultural operations on good quality agricultural land are provided through sensitive land use planning in accordance with State Planning Policy 1/92.

Nonetheless, the proposed development will involve the parking of transportable motor homes only and does not include the construction of any additional buildings. As such, the proposed development will not result in any permanent alienation of GQAL. The proposed motor home park designated area will be appropriately separated from GQAL on adjoining properties. Complies - The proposed motor home park will be appropriately separated (approx 300m) from an existing portion of GQAL on southern adjoining Lot 414 on RP835556 which is currently used for livestock grazing. All other surrounding mapped GQAL within a relevant distance of the proposed motor home park is unlikely to be developed for agriculture due to topographical and vegetation constraints.

DRO 5.4 Primary Industries Land Use Policy 5.4.2

Threats to primary production from incompatible development are identified and managed through land use planning and where appropriate, by developer established buffers.

Complies

Comments

Complies - The proposed motor home park will be appropriately separated (approx 300m) from an existing portion of GQAL on southern adjoining Lot 414 on RP835556 which is currently used for livestock grazing. All other surrounding mapped GQAL within a relevant distance of the proposed motor home park is unlikely to be developed for agriculture due to topographical and vegetation constraints.

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DRO 5.5 Tourist Development Land Use Policy 5.5.2

Tourist development, including development that incorporates short-term accommodation for tourists, may be undertaken within the regional landscape and rural production area where there is an identified need in a subregion and the accommodation: (a) is of a nature and scale that is sympathetic to the maintenance of the regional landscape and rural production values (b) minimises the impact on good-quality agricultural land (c) avoids areas of high ecological significance and coastal hill slopes and headlands (see sections 1.1 and 2.3).

Complies

Comments

ďƒź

The subject land is located within the Regional Landscape and Rural Production Area. Whilst there are at least five (5) caravan parks in and around Mareeba that can accommodate motor homes, there is no established dedicated Motor Home Park as defined by the Planning Scheme (one approved but not yet operating). A motor home park caters only for self contained motor home and as such is expected to have little of the infrastructure typically found in caravan parks. The low infrastructure, lower cost, motor home accommodation is presently being met largely by 'free to the user' roadside rest areas such as Rocky Creek and Rifle Creek. The Queensland Drive Tourism Strategy 20132015 aims to attract new investment into all forms of accommodation to achieve growth in visitor expenditure by 2020. The Queensland Government's focus on increasing the drive tourism market means that regions such as the Tablelands also need to increase/improve the facilities on offer to the travelling public. The proposed motor home park will do this, and as such, it fills a need for lower infrastructure and lower cost accommodation. The scale of the proposed motor home park is such that it will remain sympathetic to the values of the locality. The proposed use can be carried out without the need for further clearing and significant site disturbance. Planning Scheme Map S2 identifies the subject land as good quality agricultural land. Notwithstanding this, the proposed development will accommodate transportable motor homes only and does not propose the erection of any permanent structures on GQAL; as such, the development will not result in any permanent loss or alienation of GQAL. The proposed motor home park will be appropriately separated (approx 300m) from an existing portion of GQAL on southern adjoining Lot 414 on RP835556 which is currently used for livestock grazing. All other surrounding mapped GQAL within a relevant distance of the proposed motor home park is unlikely to be developed for agriculture due to topographical and vegetation constraints.

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DRO 7.1 Protection of Waterways, Wetlands and Water Quality Land Use Policy 7.1.1

(b)

Complies

ďƒź

Development is planned, designed, constructed and managed in accordance with best practice environmental management to protect environmental values and meet water quality objectives of the Environmental Protection Policy (Water) 1997 (EPP Water) for regional surface water, groundwater and wetlands.

Comments The development can be conditioned comply.

to

State Planning Policy Queensland State Planning Policy - December 2013 State Interest

Natural hazards A development application for a material change of use, reconfiguring a lot or operational works on land within: (1) a flood hazard area, or (2) a bushfire hazard area, or (3) a landslide hazard area, or (4) a coastal hazard area.

Complies ďƒź

Assessment Requirements & Comments For all natural hazards: Development: (1) avoids natural hazard areas or mitigates the risks of the natural hazard, and (2) supports, and does not unduly burden, disaster management response or recovery capacity and capabilities, and (3) directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties, and (4) avoids risks to public safety and the environment from the location of hazardous materials and the release of these materials as a result of a natural hazard, and (5) maintains or enhances natural processes and the protective function of landforms and vegetation that can mitigate risks associated with the natural hazard, and Comment The subject site is situated within a medium bushfire hazard area as identified on the Planning Scheme Mapping. The proposed motor home parking area will be situated within an already cleared area and will be setback from existing hazardous vegetation. A channel water supply will be available in close proximity to the motor home parking area and internal access roads will be of a standard suitable for easy evacuation of motor homes and use by emergency services vehicles. Conditions will be attached to any approval requiring the applicant prepare a bushfire management report outlining bushfire threat mitigation practices. It is considered the proposed development can satisfy points 1 - 5.

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(c)

Wednesday 04 June 2014

Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

Relevant Desired Environmental Outcomes Complies (a)

(c)

(d)

Significant natural features such as the dense tropical rainforest adjoining the Wet Tropics area, the savannas, the major river systems, wetlands and wildlife corridors, areas identified in the Areas of Regional significance for the Conservation of Biodiversity under the FNQ Regional Plan are protected Adverse effects from development on the natural environment are minimised with respect to the loss of natural vegetation, soil degradation, air and water pollution due to erosion, dust and chemical contamination, dispersal of pollutants, effluent disposal and the like.

Good quality agricultural land is conserved and protected from fragmentation and alienation.

Comments Complies - The proposed development will make use of existing clearing within the subject land. No further clearing is required to accommodate the proposed development.

The proposed development will make use of existing cleared land within the subject land. No further clearing is required to accommodate the proposed development. No uncontrolled waste disposal will be allowed on site. All motor homes will need to utilise offsite dumping points for black and greywater.

Conditions will be attached regarding erosion control. The proposed development will not result in any fragmentation of GQAL. Despite the designated motor home parking area being mapped as GQAL, this land classification is considered to be questionable at best, considering the majority of this GQAL area is covered in scattered volcanic basalt rock. Notwithstanding this, the proposed development is for motor home park only and does not propose the erection of any permanent structures on this GQAL; as such, the development will not result in a permanent loss or alienation of GQAL.

(e)

(h)

(j)

(n)

Furthermore, the proposed motor home park will be appropriately separated (approx 300m) from an existing portion of GQAL on southern adjoining Lot 414 on RP835556 which is currently used for livestock grazing. All other surrounding mapped GQAL within a relevant distance of the proposed motor home park is unlikely to be developed for agriculture due to topographical and vegetation constraints. The proposed motor home park will be appropriately separated (approx 300m) from an existing portion of GQAL on southern adjoining Lot 414 on RP835556 which is currently used for livestock grazing. All other surrounding mapped GQAL within a relevant distance of the proposed motor home park is unlikely to be developed for agriculture due to topographical and vegetation constraints. The proposed development will increase the variety of accommodation options available to the drive tourism community.

Agricultural and forestry resources, mining, extractive activity in the rural sector are encouraged, facilitated and protected.

All members of the community have appropriate access to relevant services and facilities that meet their needs and create a sense of community satisfaction

Threats to public safety and health associated with the natural and built environments, including flooding in the catchments of the Barron River and Mitchell River are minimised.

The subject land is elevated and not subject to flooding.

Mareeba’s role and identity as the main business, economic centre and regional service centre and gateway to the Cape is consolidated.

The proposed development reinforces Mareeba's function as a regional service centre.

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The establishment of new industries such as value adding agricultural industries as well as ecotourism and tradeable services beyond agriculture.

Wednesday 04 June 2014 The development proposes a new tourism facility.

Relevant Development Codes The following Development Codes are considered to be applicable to the assessment of the application: Part 4, Division 14 Part 5, Division 8 Part 6, Division 5 Part 6, Division 14 Part 6, Division 15

Rural Zone Code Natural Disaster - Bushfire Overlay Code Car Parking Code Tourist Facility Code Landscaping Code

The application did not include a planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval. Relevant Codes Rural Zone Code Natural Disaster - Bushfire Overlay Code Car Parking Code

Comments The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code. The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code. The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code apart from the following:  Acceptable Solution AS6  Acceptable Solution AS9.1 Refer to discussion below:

Tourist Facility Code Landscaping Code

The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code. The application can be conditioned to comply with the relevant acceptable/probable solution contained within the code.

Non-compliance with the relevant acceptable solutions or probable solutions/performance criteria contained within the above Codes are summarised as follows:

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Car Parking Code - Car Parking Design S6

Car parking spaces are of adequate dimensions and standard to meet user requirements. AS6

Car parking spaces meet the design requirements of Australian Standards AS2890.1–1986 and AS2890.2–1989 (as amended) provided that the minimum car parking space width is no less than 2.6 metres.

Comment Acceptable Solution AS6 is not considered particularly relevant to motor home parks. The application proposes to utilise a grassed clearing within the subject land to accommodate the informal parking of motor homes. A part bitumen sealed, part gravel sealed internal driveway will provide access between the grassed motor home parking area and Fichera Road. Sufficient area exists within the grassed area to meet the car parking needs of the proposed use. It is considered the proposed development satisfies Specific Outcome S6. Car Parking Code - Car Parking Numbers S9

Sufficient car parking spaces are provided to accommodate the demand likely to be generated by the use. AS9.1 The number of car parking spaces provided for the use is in accordance with the Car Parking Schedule.

Comment The Planning Scheme includes the following car parking rate for motor home park: "eleven (11) spaces per ten (10) sites plus one (1) space per ten (10) sites as visitor spaces" This is the same rate as a caravan park. Council officers consider the use of the caravan park car parking rate inappropriate for motor home parks. Caravan parks may include long term and permanent residents and it is appropriate to require visitor parking spaces. Motor home parks are restricted to short term stays only and it would be rare for a nonguest to visit the site. The designated motor home parking area is of a sufficient size to accommodate a large number of motor homes during the peak tourist seasons. Adequate space exists within this parking area to also accommodate a number of visitors. Based on this, it is considered the proposed development satisfies Specific Outcome S9.

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(e)

Wednesday 04 June 2014

Planning Scheme Policies/Infrastructure Charges Plan

No. 1 - Water Supply (Outside Reticulated Water Supply Area) The applicants have stated that initially, a potable water supply will not be provided on site for motor home guests. Channel water will be available on site and will be clearly labelled as nonpotable. When funding permits, the applicants have stated that they intend to provide a potable water supply on site for motor home guests in compliance with the National Health Medical Research Guidelines (can be conditioned). No. 4 - Development Manual All development works will be conditioned to be designed and constructed in accordance with the FNQROC Development Manual (as amended). Council's Development Engineer has inspected the existing access crossover used to access the proposed motor home park and does not require an upgrade in this instance. (f)

Adopted Infrastructure Charges Notice

Roadworks In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, a contribution is payable for augmentation of the road network. A previous application for motor home park (DA/13/0129) which was approved by the Tablelands Regional Council at its Ordinary Meeting on 19 December 2013 was subject to the following methodology and resultant road augmentation contribution: "The development is capable of accommodating a maximum of 15 motor homes per day. Assuming each motor home represents 2 vehicle movements per day, the daily increase in vehicle movements is likely to be no more than 30 per day. Under this policy, the based contribution of $3,790 is equivalent to the traffic from a standard allotment or 10 vehicle movements per day. The applicable contribution for 30 vehicles per day is 3 x $3,790 or $11,370.00." For this application the applicants do not propose a maximum number of motor homes to be accommodated per day. Instead, they wish to be able to capitalise during peak tourist seasons as well as accommodate large 'motor home chapters' of between 10-30 motor homes. As such, the applicants have proposed an annual (as apposed to a daily) control over the number of motor homes accommodated on site, nominating a maximum of 1,500 overnight motor home stays per year which equates to 3,000 vehicle movements per year or 8.219 vehicle movements per day. Under Planning Scheme Policy No. 6, the base contribution of $3,790 is equivalent to the traffic from a standard allotment or 10 vehicle movements per day. As such the contribution applicable to this development should be 82.19% of the standard contribution as calculated below: ď€

$3,790.00 x 82.19% = $3,115.00

Therefore the applicable contribution for 1,500 overnight motor home stays per year is $3,115.00.

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REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies. Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Engineering - Access PUBLIC NOTIFICATION The development proposal was placed on public notification from 16 April 2014 to 15 May 2014. The applicant submitted the notice of compliance on 15 May 2014. The applicants did not conduct the public notification of the development in accordance with the requirements of the Act as they issued notices to all adjoining land owners seven (7) business days prior to completing the other two public notification actions (newspaper ad, notice on frontage of land). The Act states that all three actions have to be completed within five (5) business days after the first of the actions is carried out (s299 (3)). Despite this non-compliance with the public notification requirements of the Act, s304 (1) of the Act states that the assessment manager (Council) may assess and decide an application if some of the requirements of this division have not been complied with, if the assessment manager is satisfied any non-compliance has not (a)

adversely affected the awareness of the public of the existence and nature of the application; or

(b)

restricted the opportunity of the public to make properly made submissions.

It is this officer's opinion that the applicant's public notification error has not adversely affected the awareness of the public of the existence and nature of the application, and, if anything, has actually afforded adjoining property owners more time to make a properly made submission. No submissions were received. The applicant did submit four (4) letters of support for the proposed development; however, these were submitted as part of the application and are therefore not considered to be 'properly made submissions'. Despite this, these submissions were considered during the assessment of the application. The proposed development is not considered to be in conflict with the scheme and is recommended for approval, subject to conditions. PLANNING DISCUSSION NIL Date Prepared:

26 May 2014

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3537941)

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ITEM-4

Wednesday 04 June 2014

APPLICATION FOR PERMIT TO OCCUPY - LOT A ON CNS14/019, PARISH OF DYNES

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 June 2014

REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Application has been made to the Department of Natural Resources and Mines (DNRM) for the issue of a permit to occupy over land described as Lot A on CNS14/019, Parish of Dynes, situated at Kimalo Road, Arriga. The proposed use of the land is for irrigation systems associated with agricultural use on adjoining Lot 162 on HG706. DNRM seeks Council's views on the issue of the permit to occupy and also seeks details of any local non-indigenous cultural heritage values associated with the land. OFFICER'S RECOMMENDATION "That Council offer no objection to the issue of a permit to occupy over Lot A on CNS14/019, Parish of Dynes for agriculture/irrigation purposes, and also advise the Department of Natural Resources and Mines that there are no known local non-indigenous cultural heritage values associated with the land." BACKGROUND The subject land has an area of approximately 3.23 hectares and is part of the larger parcel described as Lot 238 on HG706 (29 hectares). Lot 238 on HG706 is unallocated state land comprising approximately 3 kilometres of the western bank of Cattle Creek. The applicants are the owners of adjoining Lot 162 on HG706 which is used for sugar cane production. Lot A on CNS14/019 projects approximately 250 metres into Lot 162 and securing title over this area would greatly improve the efficiency of farming operations.

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Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability

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in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

LINK TO CORPORATE PLAN Not relevant at this point in time. CONSULTATION Internal NIL External Department of Natural Resources and Mines LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) NIL POLICY IMPLICATIONS Lot A on CNS14/019 contains an area of 3.23 hectares and is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the use of the land for agriculture/irrigation purposes. There are no known non-indigenous cultural heritage values associated with the subject land. FINANCIAL & RESOURCE IMPLICATIONS NIL IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter. ATTACHMENTS 1.

Department of Natural Resources and Mines letter dated 23 May 2014.

Date Prepared:

26 May 2014

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ATTACHMENT 1

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ITEM-5

Wednesday 04 June 2014

CONVERSION TO FREEHOLD - LOT 193 HG658 - VIA WOLFRAM ROAD, DIMBULAH

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 June 2014

REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY The Department of Natural Resources and Mines (DNRM) is presently considering the conversion to freehold of land described as Lot 193 on HG658, Parish of Leadingham, situated off Wolfram Road, Dimbulah. DNRM seeks Council's views on the possible conversion to freehold. This matter was previously submitted to the 2 April 2014 Council meeting where Council deferred consideration pending the receipt of further advice on the feasibility of road access being constructed to the subject land via Centis Road. This advice has been obtained and is incorporated into this revised report. The due date for a response to DNRM is 6 June 2014. OFFICER'S RECOMMENDATION "That Council offer no objection to the conversion to freehold of Lot 193 on HG658 subject to: 1.

Lot 193 on HG658 being amalgamated into an adjoining freehold lot; or

2.

Lot 193 on HG658 being converted as a stand alone allotment, subject to the opening of a new section of road reserve along the southern boundary, to allow for the future construction of practical legal access at the full cost of the future land owner."

BACKGROUND The subject land has an area of three (3) hectares and is zoned Rural under the Mareeba Shire Planning Scheme 2004. The land is situated adjacent to 882 Wolfram Road, Dimbulah and appears undeveloped. Historically, the land has been leased for agricultural/grazing purposes by the lessees of the adjoining parcel described as Lot 171 on HG566.

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Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability

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in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

Council at its ordinary meeting held on 7 March 2013, resolved to offer no objection to the renewal of the lease over Lot 193 on HG658, Parish of Leadingham, and further advise the Department of Natural Resources and Mines that there are no known non-indigenous cultural heritage values associated with the land. The subject land has no frontage to a constructed road, nor does the land have useable frontage to a road reserve. LINK TO CORPORATE PLAN Not relevant at this point in time. CONSULTATION Internal Specific advice was sought from Council's Operational Works Inspector who, as a former owner of Lot 22 on HG78, has considerable knowledge of the subject land and the unconstructed road reserves in the locality. The advice given is that practical vehicle access could reasonably be provided to the subject land via a new access road constructed along the unformed road reserve and connecting with Centis Road. A new section of road reserve would need to be opened along the southern boundary of the subject land (through Lot 16 on USL21471) to provide the sufficient road frontage to allow legal access. Centis Road is presently a basic dirt track. External NIL LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) NIL POLICY IMPLICATIONS The subject land has an area of three (3) hectares and is zoned Rural under the Mareeba Shire Planning Scheme 2004. The three (3) hectare lot size is well below the planning scheme's desired 30 hectare minimum lot size for rural (not good quality agricultural land) allotments. The land has no practical road frontage and is only accessible by traversing through adjoining Lot 171 on HG566 or Lot 16 on USL21471. Based on the access restrictions and the small lot size, Council officers recommend that the conversion to freehold be conditional upon the land being amalgamated into an adjoining freehold property. This approach would avoid the creation of an undersized rural allotment and would be consistent with the intent of the planning scheme. At the 2 April 2014 ordinary meeting, Council discussed the option of accepting the conversion to freehold as a stand alone allotment, subject to the provision of legal access. Investigations have Page 123


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determined that practical legal access could be provided to the subject land via existing unconstructed road reserve linking to Centis Road and subject to opening of a new section of road reserve along the southern boundary of the subject land. The future construction of practical vehicle access within the road reserve would be at the full cost of the future land owner. The recommendation section of this report has been modified to include the options of conversion subject to amalgamation or conversion as a stand alone allotment. FINANCIAL & RESOURCE IMPLICATIONS NIL IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter. ATTACHMENTS 1.

Department of Natural Resources and Mines email dated 12 March 2014

Date Prepared:

26 May 2014

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ATTACHMENT 1

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ITEM-6

Wednesday 04 June 2014

REVIEW OF THE QUEENSLAND HERITAGE ACT 1992

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 June 2014

REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY The Department of Environment and Heritage Protection (EHP) is seeking public submissions on a range of reforms being considered for the Queensland Heritage Act 1992. The stated aims of the proposed changes are to: 

modernise the Heritage Act and clarify its intent



reduce unnecessary regulatory burden, particularly on heritage property owners and proponents



strengthen legislative protections for Queensland’s heritage places, while also promoting development



reinforce the important role played by local government in local heritage protection.

Preliminary consultation has occurred with stakeholders including the Queensland Heritage Council, National Trust of Queensland and Local Government Association of Queensland. A copy of the Discussion Paper - Review of the Queensland Heritage Act 1992 is provided as Attachment 1. Public submissions may be made until 5:00pm on 20 June 2014. Council officers do not consider that the proposed changes will have a significant impact on Council operations. OFFICER'S RECOMMENDATION "That Council receive and note this report." BACKGROUND The Local Government Association of Queensland (LGAQ) advises that matters raised in previous years by the Queensland Heritage Council, property owners, local and state government, and the community are being addressed in an effort to reduce unnecessary regulatory burden (and process re-engineer aspects of the Act), clarify the Act's intent and strengthen legislative protections for Queensland's heritage places while also promoting development.

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Importantly, the proposed reforms will consider the devolution of particular heritage responsibilities to local government. Subsequently, key issues affecting local government include:   

Reduction of duplication between planning requirements and Heritage Act requirements Extension of essential maintenance provisions to local government and Extension of exemption Certificate and general exemption provisions to local government

Attachment 2 is the LGAQ's summary analysis of the key policy issues affecting local government and proposed remedies to address them. LINK TO CORPORATE PLAN Not relevant at this point in time. CONSULTATION NIL LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) NIL POLICY IMPLICATIONS In 2007, the Mareeba Shire Council sought and successfully obtained an exemption under the Queensland Heritage Act 1992 from having to maintain a Local Heritage Register. The exemption was sought on the basis that the Mareeba Shire Planning Scheme 2004 already included a Natural and Cultural Heritage Features Overlay & Code which reasonably protected local heritage. One of the changes proposed to the Queensland Heritage Act 1992 is that local governments will be no longer able to obtain an exemption from keeping a Local Heritage Register. As part of the development of the draft Tablelands Regional Council Planning Scheme, Council officers have developed a high quality local Heritage Overlay Code and register of Local Heritage Places. The Local Heritage features of the draft Tablelands Regional Council Planning Scheme are available for Mareeba Shire to use and will be included in the new Mareeba Shire Planning Scheme. FINANCIAL & RESOURCE IMPLICATIONS NIL

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IMPLEMENTATION/COMMUNICATION The draft Tablelands Regional Council Planning Scheme, which is intended to form the basis of the proposed Mareeba Shire Planning Scheme, already includes a local Heritage Overlay Code and register of Local Heritage Places. An amendment of the Queensland Heritage Act 1992 to make a Local Heritage Register mandatory will not require significant further expenditure by Council. Prior to the adoption of the new Mareeba Shire Planning Scheme, Council will need to set appropriate application fees for the assessment of local heritage applications. ATTACHMENTS 1. 2.

Discussion paper - Review of the Queensland Heritage Act 1992 LGAQ's summary analysis of the key policy issues affecting local government

Date Prepared:

19 May 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ITEM-7

Wednesday 04 June 2014

REVIEW OF THE FAR NORTH QUEENSLAND REGIONAL ORGANISATION OF COUNCIL'S (FNQROC) DEVELOPMENT MANUAL - MAREEBA SHIRE PLANNING SCHEME POLICY 4

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 June 2014

REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Far North Queensland Regional Organisation of Councils (FNQROC) has recently undertaken a review of the regional development manual. The FNQROC Development Manual is Planning Scheme Policy 4 of the Mareeba Shire Planning Scheme. The manual provides a comprehensive set of guidelines for carrying out various civil engineering works within the local government areas of: Cairns, Cassowary Coast, Cook, Douglas, Mareeba and Tablelands. The purpose of these latest amendments (referred to as Issue 6), is to ensure the manual continues to be functional and up to date and to provide a consistent set of standards to which all can refer. Under Part 5 of the Sustainable Planning Act, Council must resolve to amend the Planning Scheme Policy as the first step in the amendment process, and then proceed to public consultation. OFFICER'S RECOMMENDATION "That Council: 1.

Resolve to amend the FNQROC Development Manual Planning Scheme Policy 4 in accordance with Chapter 3 Part 5 of the Sustainable Planning Act.

2.

Resolve to proceed to public consultation of the proposed amendments as required under the Sustainable Planning Act."

BACKGROUND Council adopted the FNQROC Development Manual as a Planning Scheme Policy at its meeting on the 21 December 2004 and the policy took effect from 10 January 2005. The aim is to review the manual annually, however due to the recent State Planning Policy changes and deamalgamations it has been two years since the previous review. This latest proposed revision (ie: Issue 6) includes all recommended revisions from the submissions received over the past two years. The development manual is Planning Scheme Policy 4 and it supports the Planning Scheme. Page 157


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LINK TO CORPORATE PLAN Not relevant at this point in time. CONSULTATION Internal Council officers across the region have been involved in and contributed to the review of the FNQROC Development Manual. Industry representatives have also contributed to the review process throughout the past two years and these have been considered within the proposed manual. External Under the Sustainable Planning Act, the proposed amendments must be advertised for a minimum of 20 days during which the community and industry groups may make comment. The public consultation period is currently planned to commence on Saturday 20 June 2014 and conclude on Friday 1 August 2014. During this time, the FNQROC will conduct two workshops with the development industry to explain the changes. LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) The risk of not continually updating the manual is that Council will eventually have a manual that is not functional in providing a consistent set of relevant standards to which all can refer. POLICY IMPLICATIONS The FNQROC Development Manual is Planning Scheme Policy 4 of the Mareeba Shire Planning Scheme. The process to amend a planning scheme policy is established by Statutory Guideline 01/13 - Making or amending local planning instruments (MALPI). An explanatory statement and summary of the proposed amendments is attached to this report. To reduce the bulk / size of this report it was deemed impractical to include a copy of all proposed amendments as an attachment to this report. A table summarising the planned actions and responsibilities over the coming months is as follows: Action Councils to resolve to amend manual and go to public consultation Advertise proposed amended policy Public Consultation Workshops with Industry - council reps in attendance - Water and Waste Sections

Date Between 14 May and 19 June 2014 20 June 2014 20 June to 1 August 2014 23 July 2014

Workshops with Industry - council reps in attendance - Remaining manual (not W&W)

23 July 2014

Editing of public submissions into document and send to council reps

4 August to 14 August

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Council working group to review public submissions and make recommendation - water and waste only

2 September 2014

FNQROC and Council representatives

Council working group to review public submissions and make recommendation remaining manual

3 September 2014

FNQROC and Council representatives

Final report to councils for adoption

18 September 2014

FNQROC

Council adoption

18 September Council onwards After adoption Council

Notification of effective date of issue 6 in gazette

As noted above, public consultation is currently planned to commence on Saturday 20 June 2014 and conclude Friday 1 August 2014. During this time, two workshops will be undertaken with industry to explain the changes. The FNQROC Executive Officer has managed the review process and will coordinate the advertising and response to any submissions. A further report on any submission received will be presented in another report to Council in September 2014 following the public consultation process and subsequent review of submissions received. FINANCIAL & RESOURCE IMPLICATIONS NIL IMPLEMENTATION/COMMUNICATION The 20 business day public consultation period is currently planned to commence on Saturday 20 June 2014 and conclude on Friday 1 August 2014. During this time, two workshops will also be undertaken with the development industry to explain the changes. ATTACHMENTS 1. 2.

Explanatory Statement Summary of proposed changes to FNQROC Development Manual

Date Prepared:

19 May 2014

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GOVERNANCE AND COMPLIANCE ITEM-8

ADOPTION OF AUDIT REPORT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

21 May 2014

REPORT OFFICER’S TITLE: Governance and Compliance Advisor DEPARTMENT:

Corporate Services

EXECUTIVE SUMMARY As part of the policy review process and updating of policies carried over from the Tablelands Regional Council to make them Mareeba specific, the following Policies and associated documents have been reviewed and amended: Audit Committee Policy; Audit Committee Charter; Audit Committee Terms of Reference; Internal Audit Policy; Internal Audit Charter. The above policies and associated documents now need to be formally adopted by Council. OFFICER'S RECOMMENDATION "That the following Policies, Charters and Terms of Reference be adopted by Council:     

Audit Committee Policy Audit Committee Charter Audit Committee Terms of Reference Internal Audit Policy Internal Audit Charter"

BACKGROUND In accordance with the Local Government (De-amalgamation Implementation) Regulation 2013 and the De-amalgamation Transfer Methodology, existing policies of the Tablelands Regional Council transferred over to the new Mareeba Shire Council on 1 January 2014. These policies apply to the new Council until such time as amended or a new policy is adopted by the Council. Additionally it is required that Council satisfies audit requirements under Chapter 4 Part 3 Section 105 of the Local Government Act 2009 and with regard to the Local Government Regulation 2012, Chapter 5 Part 11 Section 207 (requirements for internal auditing and reporting), Section 210 (Audit committee composition), and Section 211 (Audit committee meetings). At its meeting held on 2 January 2014, Council resolved:

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1.

The Mareeba Shire Audit Committee comprise two (2) councillors and an independent member as chairperson;

2.

Council appoint Councillors Graham and Holmes to the committee and appoint Councillor Jensen as proxy in the event that either of the other two appointed Councillors are unable to attend Committee meetings; and

3.

Call for expressions of interest for the appointment of the independent member as the Chair of the Audit Committee.

The aforementioned Policies, Charters and Terms of Reference have been reviewed and amended (as necessary) through consultation between the reporting officer, the Director Corporate Services and the Chief Executive Officer. Amendments that have been effected include textual adjustments to reflect the name change to Mareeba Shire Council as well as to update references to relevant Act and Regulations etc. Additionally, some other amendments have been included which expand upon the scope of the internal audit function to include matters involving the provision of a probity role in matters such as, but not limited to, significant tender processes. Once these amended documents have been adopted by Council, the process can begin for the calling of Expressions of Interest for the independent chairperson position. Filling of any independent role within the Audit Committee will come at additional cost for Council by way of payment of remuneration (i.e. these are not honorary roles) to the successful appointee. As part of the assessment process of any EOIs received, consideration will be given to (among other criteria) what the financial cost will be for engaging a suitable person. LINK TO CORPORATE PLAN Not relevant at this point in time. CONSULTATION Internal Director Corporate Services Chief Executive Officer External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Local governments undertake a wide range of functions including the provision of services and facilities for their local communities. In order to give effect to these functions, a range of policies and procedural directives are required to ensure uniformity and consistency in approach and administration. There is a raft of State and Commonwealth legislation which requires Councils to develop a policy position on issues across the spectrum of local government responsibilities. A significant amount of policy development is in response to regulatory requirements. Councils also develop administrative policies which outline the manner in which operational issues should or may occur. These policies also reflect the delegations approved for various levels of Council staff and influence the day to day operations of Council. Page 172


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Having clearly defined policies and procedures in place which comply with legislative requirements and are not ultra vires (beyond Council's legal power and authority) is also an important risk management strategy. POLICY IMPLICATIONS The attached documents, once adopted, will become Council's policy with respect to the subject matters. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2013/2014 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION Once adopted, the policies will be included in the Council's electronic policy library and uploaded to the Council's website. ATTACHMENTS 1. 2. 3. 4. 5.

Audit Committee Policy Audit Committee Charter Audit Committee Terms of Reference Internal Audit Policy Internal Audit Charter

Date Prepared:

15 May 2014

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ITEM-9

Wednesday 04 June 2014

CCTV CAMERAS LOCATED ON NORTHERN WALL OF PCYC HALL, WALSH STREET MAREEBA, ADJACENT TO SKATE PARK

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 June 2014

REPORT OFFICER’S TITLE: Manager Development & Governance DEPARTMENT:

Corporate & Community Services

EXECUTIVE SUMMARY Council was advised at the Workshop held on 7 May 2014 of a proposal to install two CCTV cameras on the northern wall of the PCYC Hall in Walsh Street, Mareeba to monitor activities at the adjacent Skate Park. It was agreed to proceed with the project on the basis of an indicative cost estimate of $12,000.00, with the bulk of the funding ($10,000.00) being sourced from the Community Services area of the budget. A formal quotation has now been received for the project which is $4,300.00 more than the indicative estimate. This report seeks Council approval to proceed with the project despite the quoted price being greater than the indicative estimate. OFFICER'S RECOMMENDATION "That Council accept the quotation of ECS Services Pty Ltd for the sum of $16,275.00 (excl GST) for the installation of two CCTV cameras (1 x PTZ camera and 1 x fixed camera) on the northern wall of the PCYC Hall in Walsh Street to monitor activities at the adjacent Skate Park." BACKGROUND At the Council Workshop held on 7 May 2014, a brief was presented to Council outlining the history leading up to the installation of the trial CCTV project in Byrnes Street, Mareeba. A proposal was also discussed to install a further two CCTV cameras high up on the northern wall of the PCYC Hall in Walsh Street, Mareeba to monitor activities in the adjacent Skate Park with a view to curbing the vandalism and other anti-social behaviour that occurs in the Park. At the time of the Workshop, an indicative price of $12,000.00 had been obtained from Council's CCTV contractor for the installation of two cameras (1 x PTZ camera and 1 x fixed camera) connected wirelessly to the existing recording and monitoring equipment at the Mareeba Police Station. Council was also advised that the majority of the funding required ($10,000.00) was available from the Community Services section's budget and it was agreed that the project proceed on this basis. In line with the provisions of Council's Procurement Policy, it was necessary to obtain at least two written quotations for the supply and installation of the cameras and a formal Request for Quotation document was prepared and was issued to Council's existing CCTV contractor plus three other Cairns based security and surveillance firms. Page 209


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Quotations closed on 23 May 2014, however, only one quotation was received from Council's existing contractor for the sum of $16,275.00 excl GST. This is $4,275.00 more than the indicative price originally obtained. The cost increase has been discussed with the Manager Community Wellbeing and the Community Development and Engagement Officer, and it has been indicated that the additional $4,275 funding required can be obtained from the Community Services area of the budget. If Council does not wish to incur the additional expenditure, the other alternative is to reduce the number of cameras or change the PTZ camera to a fixed camera. The quoted price (ex GST) for the PTZ camera is $3,875.00 and the price for the fixed camera is $1,500.00. By changing the PTZ camera to a fixed camera, there will be a saving of $2,375.00 and the total cost of the project will reduce to $13,900.00. If the PTZ camera was deleted altogether, there would be a saving of $3,875.00 and the total project cost would reduce to $12,400.00. However, there would also be some further savings in camera licence fees and installation costs which should reduce the cost to below $12,000.00. The original proposal to install two cameras was based on the PTZ camera being installed on the western end of the PCYC Hall closest to Walsh Street to monitor the skate bowl and shade shelters, with the fixed camera being installed on the eastern end of the building to monitor the toilet block. The benefit of the PTZ camera is that it can be remotely manipulated to zoom in and follow a person of interest or a particular activity whereas the fixed camera is focused on a particular field of view and only captures what occurs within that field of view. The preferred option is to proceed with the initial proposal to install one PTZ camera and one fixed camera and, given that the additional funding is available within the Community Services budget, it is recommended that the quotation of ECS Services be accepted. LINK TO CORPORATE PLAN Not relevant at this point in time. CONSULTATION Internal Mayor Manager Community Wellbeing External ECS Services P/L Cabling Queensland SES Electronic Security Intelligent Surveillance LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Council is required to comply with the Information Privacy Act when installing and operating CCTV cameras and this involves installing appropriate signage in areas where cameras are located. Page 210


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In terms of risk, the installation of cameras to monitor activities at the skate park should assist in reducing the incidence of vandalism, littering, graffiti and anti-social behaviour with resulting cost savings to Council. POLICY IMPLICATIONS Council's existing CCTV Policy and Procedure is relevant to the installation, operation and maintenance of CCTV cameras. FINANCIAL & RESOURCE IMPLICATIONS Capital Quoted price for installation of two cameras is $16,275.00 excl GST. Operating If installed, the cameras will be included in the annual maintenance agreement with the contractor which will add approximately $1,600.00 per annum for ongoing servicing and maintenance. In addition, there will be a minor cost of approximately $200.00 for installation of signage at the skate park. Is the expenditure noted above included in the 2013/2014 budget? Funding of $14,275.00 is available from the Community Services section to offset the majority of the capital cost. The balance can be sourced from savings in other areas of the Community Wellbeing budget. If not you must recommend how the budget can be amended to accommodate the expenditure The ongoing maintenance/service cost of the additional cameras will need to be budgeted for in the 2014/15 budget. IMPLEMENTATION/COMMUNICATION ECS Services will be advised of Council's decision on the installation of the camera/s and a Purchase Order issued for the extent of works required. The Mareeba Police will also be notified of any additional camera/s to be installed. ATTACHMENTS Nil Date Prepared:

27 May 2014

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INFRASTRUCTURE SERVICES TECHNICAL SERVICES ITEM-10

PANEL OF PREFERRED PROVIDERS OCCASSIONAL PLANT HIRE - EOI-MSC2014-01

2014-2015

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 June 2014

REPORT OFFICER’S TITLE: Senior Fleet Allocation Officer DEPARTMENT:

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY Expressions of Interest (EOI) for Panel of Preferred Providers, Occasional Plant Hire 2014-2015 was advertised in the Cairns Post and all local papers from 22 to 27 February 2014 and closed at 11:00am Wednesday, 19 March 2014. Council received 142 submissions with 2 further submissions being received after the closing time. Included within the addendum of this report is a list of names of contractors that are recommended to be empanelled as suitable providers under the terms and conditions of the Expression of Interest (EOI) documentation and the Local Government Act. OFFICER'S RECOMMENDATION "That Council receive the report on Panel of Providers, Occasional Plant Hire 2014-2015 and empanel the contractors listed in the attachment to this report." BACKGROUND In accordance with Section 231 of the Local Government Regulation 2012 titled “Exception for contractor on approved contractor list”, Council is required to advertise each year for suitably qualified providers to be empanelled for the supply of occasional plant hire. While in the first instance only the contractors who are empanelled can be used for the purpose of providing occasional plant hire, other contractors may be engaged on a job by job basis should empanelled contractors not be available and providing they meet the conditions of engagement set down by Mareeba Shire Council. Late tenders are not accepted as part of this EOI and therefore are not recommended for empanelment, but are kept on record for the supply of extra plant should empanelled providers not be available. Page 213


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Local Supplier The definition of local suppliers must firstly comply with the definition adopted by Council in the Mareeba Shire Council procurement policy and which: i. is beneficially owned by persons who are residents or ratepayers in the Mareeba shire Council; or ii. has its principle place of business/registered office within the Mareeba Shire Council; or iii. Otherwise has a place of business within the Mareeba Shire Council which solely or primarily employs persons who are residents or ratepayers of the Shire. Mareeba Shire Council has been defined into three (3) separate zones for the purpose of this tender. A map showing these zones is attached. In addition to the procurement policy a “local supplier” for the purpose of this EOI is a supplier nearest to the township or located within one of the three zones where the services are required. Both local and non-local suppliers are included in the panel of suitable providers. However, when considering a non-local supplier a 10% margin will be applied for the purpose of assessment. While a copy of the complete schedule of the suitable providers sorted by plant type, zone and price is available from both the personal assistants to the Mayor and the Chief Executive Officer, an abbreviated listing which provides only the names and addresses of all providers who have submitted an EOI for 2014-2015 is attached. The actual ranking of contractors is determined on a fit for purpose / job by job basis with the following criteria being adopted:    

Locality (job location) price experience (job specifics/fit for purpose) availability

Providers are advised that:  Council gives no guarantee that any item of plant will be hired during the empanelment period.  there is no guarantee on the number and duration of periods of hire for any item of plant during the empanelment period.  that historical periods of hire are not to be taken as an indication of the total time of hire for the Empanelment Period. CONSULTATION Internal Director Infrastructure Services; Manager Works; Senior Plant Allocation Officer; Fleet Administration Assistant Tenders and Contracts Officer Senior Advisor Workplace Health and Safety

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External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Complies with Mareeba Shire Council Procurement Policy with Local Government Act FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating To ensure cost effective selection of contractors to undertake occasional work for Council. Is the expenditure noted above included in the 2014/2015 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION 1.

2.

Once the Mareeba Shire Council empanels the listed contractors with the purpose of providing Occasional Plant Hire for 2014-2015, all contractors will be notified in writing by the Tenders and Contracts Officer; From 1 July 2014, those contractors empanelled by the Mareeba Shire Council can be called upon to carry out various works for the Mareeba Shire Council.

ATTACHMENTS 1. 2.

Expression of Interest - Panel of Preferred Providers Occasional Plant Hire Documentation (ECM #2945761); Locality Map showing zones.

Date Prepared:

22 May 2014

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ITEM-11

PROPOSED MAREEBA

ROAD

Wednesday 04 June 2014

CLOSURE

OFF

KEEBLE

STREET,

DOCUMENT INFORMATION

MEETING:

Ordinary Meeting

MEETING DATE:

4 June 2014

REPORT OFFICER’S TITLE: Manager Technical Services DEPARTMENT:

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY Letters received on 5 March 2014 and 26 May 2014 from Apels Solicitors on behalf of the owners of 21 Keeble Street (Lot 56 on RP749632), seeks Council's views regarding a proposed road closure off Keeble Street, Mareeba. The road reserve in question runs north/south direction and abuts railway property to the east and Lot 56 to the west. There is no Council infrastructure located on the road reserve, however it does provide legal access to Lot 569, a" township reserve" under Council control and fronting Granite Creek. In order to proceed with the proposed road closure, the owners are requesting a letter indicating Council's position in relation to the proposal, which can be provided to the Department of Natural Resources and Mines as part of the application. OFFICER'S RECOMMENDATION "That Council offers no objection to the proposed road closure located adjacent to Lot 56 on RP749632 situated at 21 Keeble Street, Mareeba providing a seven (7) metre wide drainage and access easement is opened over the existing open drain on Lot 56 RP749632 at no cost to Council." BACKGROUND The owners of 21 Keeble Street, Mareeba (Lot 56 RP749632 ) intend to make application to the Department of Natural Resources and Mines (DNRM) to close an existing road reserve adjacent to their property and are seeking comment from Council as part of the application. While Council does not have any infrastructure located on this road reserve it does provide legal access to Lot 569 on plan M3568, a "township reserve" used as parkland by Council. However the adjoining Lot 57 RP749632 which is Council owned freehold property is currently used to access the reserve. Stormwater from culverts under Keeble Street currently discharge into an open earth drain onto the property at 21 Keeble Street, however an easement to allow Council access to the drain does not exist at the present time.

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The owners are suggesting that should their application to close the adjoining road reserve be successful, they would be willing to agree to the establishment of a seven (7) metre wide drainage and access easement incorporating the existing open drain. This would provide legal access to Lot 569 and also give Council legal access to maintain the open drain. It should also be noted that Queensland Rail has a portion of a storage shed located on the road reserve however, this issue will be addressed by DNRM as part of the overall application and therefore should not affect any decision made by Council. CONSULTATION Internal Director Infrastructure Services External Property Owner, 21 Keeble Street, Mareeba Solicitor for the Property Owner LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1. 2. 3.

Letter from Apels Solicitors dated 4 March 2014; Letter from Apels Solicitors dated 23 May 2014; Plan of property.

Date Prepared:

26 May 2014

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ITEM-12

Wednesday 04 June 2014

THONGON STREET, KURANDA - KERB AND CHANNEL

DOCUMENT INFORMATION

MEETING:

Ordinary Meeting

MEETING DATE:

4 June 2014

REPORT OFFICER’S TITLE: Manager Technical Services DEPARTMENT:

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY The lessee of the Kuranda Food Works has requested Council investigate the broken kerb at the driveway entrance on Thongon Street, Kuranda. Council Officers have inspected the driveway kerb and channel and advised the lessee that the driveway is the responsibility of the property owner. However, the inspection has revealed that a significant section of kerb and channel either side of the driveway is in very poor condition. OFFICER'S RECOMMENDATION “That Council: 1.

undertake basic patching to the existing kerb and channel and list the replacement of approximately 100m of kerb and channel on the southern side of Thongon Street between Thooree and Coondoo Streets for consideration in future Capital Works program.

2.

also advise the lessee of Council's decision and that he should discuss replacement of the damaged driveway with the property owner should he wish to undertake this work in the short to medium term and prior to Council works being carried out in the future."

BACKGROUND The driveway kerb and channel to the Kuranda Food Works in Thongon Street has been damaged from delivery trucks accessing the property. The lessee has requested Council undertake repairs to the driveway, however Council policy is that the driveway is the responsibility of the owner of the property. Council Officers have inspected the damage and advised the lessee of this policy, however it has also been revealed at the time of this inspection, that a 100m section of the kerb and channel either side of the driveway is also in need of replacement. Replacement of the kerb and channel will require the removal of a 1.5m wide strip of road pavement, approximately 300mm of footpath as well as the existing damaged kerb and channel. Patching the damaged kerb and channel with rapid set concrete and the adjacent pavement with blade mix bitumen will prevent further damage however this is only a short term solution. Page 227


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While this section of kerb and channel is definitely in need of repairs or replacement, it is worth noting that when ranked on the Project Prioritisation Tool (PPT) with other similar projects, it is not likely to gain a very high ranking. CONSULTATION Internal Operational Works Inspector External Lessee of Kuranda Food Works LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital $20,000 - $30,000 Operating Nil Is the expenditure noted above included in the 2013/2014 budget? No If not you must recommend how the budget can be amended to accommodate the expenditure For consideration in future budget deliberations IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1. Locality Map; 2. Photographs. Date Prepared:

26 May 2014

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Council Meeting Agenda 4 June 2014  
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