Council Meeting Agenda - 1 October 2014 by Mareeba Shire Council

Ordinary Meeting Council Chambers Date: Wednesday 1 October 2014 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 01 OCTOBER 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED. PETER FRANKS CHIEF EXECUTIVE OFFICER

ORDER OF BUSINESS MEMBERS IN ATTENDANCE............................................................. Error! Bookmark not defined. APOLOGIES/LEAVE OF ABSENCE/ABSENCE ON COUNCIL BUSINESSError! Bookmark not defined. BEREAVEMENTS/CONDOLENCES................................................... Error! Bookmark not defined.

DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTERESTError! Bookmark not de CONFIRMATION OF MINUTES .......................................................... Error! Bookmark not defined. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGSError! Bookmark not defined. CORPORATE AND COMMUNITY SERVICES ............................................................................... 5 REGIONAL LAND USE PLANNING ............................................................................................ 5 ITEM-1 GR Pedersen - Reconfiguring a Lot - Subdivision (1 into 3 Lots) - Lot 3 SP151297 & Easements B & C on SP151297 - Mareeba-Dimbulah Road, Mareeba - DA/14/0016 ............................................................................................. 5 ITEM-2 P Edison - Reconfiguring a Lot - Subdivision (1 into 2 Lots) - Lot 2 SP161466 29 English Road, Julatten - DA/14/0038 ................................................................. 37 ITEM-3 T Watkin - Application for Height Dispensation for Shed/Carport - Lot 61 on SP154455 - 19 Dean Circuit, Mareeba - BAP/14/0008 ........................................... 49 ITEM-4 MDF Industries Pty Ltd - Application for Advertising Sign - Lot 2 on RP737796 4286 Kennedy Highway, Mareeba .......................................................................... 79 ITEM-5 Pioneer North Queensland Pty Ltd - Material Change of Use - Extractive Industry - Lots 225 & 226 on NR1877 - 383 Paglietta Road, Mareeba DA/14/0033 ............................................................................................................ 97 GRANTS AND CORPORATE AND COMMUNITY PLANNING ............................................... 121 ITEM-6 Aerodrome Leases of sites R, P and S ................................................................. 121 ITEM-7 Regional Arts Development Funding to Mareeba Shire Council for 2014 / 2015 ... 131 INFORMATION SYSTEMS AND CUSTOMER SERVICE ....................................................... 135 ITEM-8 African Mahogany Trees causing damage at Mareeba New Cemetery ................ 135 INFRASTRUCTURE SERVICES ................................................................................................ 139 TECHNICAL SERVICES ......................................................................................................... 139 ITEM-9 Traffic Advisory Committee - Minutes of Meeting Held 16 September 2014 ......... 139 ITEM-10 Wolfram Road, Dimbulah - Provision of Legal and Practical Access to Trevisin Property (Lot 14 on HG72, Parish of Leadingham) .................................. 149 ITEM-11 Proposed Replacement of Existing Footpath and Driveway Accesses in front of Lot 514 on M3563 and Lot 1 on RP700535 - Walsh Street, Mareeba ....... 167 WORKS................................................................................................................................... 173 ITEM-12 Infrastructure Services - Works Sections Progress Report - August 2014 ....... 173 WATER & WASTE .................................................................................................................. 183 ITEM-13 Infrastructure Services - Waste Operations - Progress Report - August 2014 . 183 ITEM-14 Infrastructure Services - Water and Wastewater Group - Monthly Operations - August 2014 ..................................................................................... 189 CHIEF EXECUTIVE OFFICER ................................................................................................... 200 DISASTER MANAGEMENT .................................................................................................... 200 ITEM-150 Mareeba Local Disaster Management Plan .................................................... 200 BUSINESS WITHOUT NOTICE........................................................... Error! Bookmark not defined. NEXT MEETING OF COUNCIL ........................................................... Error! Bookmark not defined.

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CORPORATE AND COMMUNITY SERVICES REGIONAL LAND USE PLANNING ITEM-1

GR PEDERSEN - RECONFIGURING A LOT SUBDIVISION (1 INTO 3 LOTS) - LOT 3 SP151297 & EASEMENTS B & C ON SP151297 - MAREEBADIMBULAH ROAD, MAREEBA - DA/14/0016

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

1 October 2014

REPORT OFFICER’S TITLE: Senior Planner Corporate and Community Services

DEPARTMENT:

APPLICATION DETAILS APPLICANT

APPLICATION GR Pedersen

ADDRESS

PREMISES Mareeba-Dimbulah Road, Mareeba Lot 3 on SP151297 & Emts B & C on SP151297

DATE LODGED

20 May 2014

TYPE OF APPROVAL PROPOSED DEVELOPMENT

Development Permit

FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

DA/14/0016 AREA 16.25 hectares GR Pedersen OWNER GR Pedersen Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ATTACHMENTS:

RPD

Reconfiguring a Lot - Subdivision creating 3 lots

Rural zone Code Assessment n/a

1. 2. 3.

Proposal Plan/s Referral Agency Response - Department of State Development, Infrastructure and Planning letter dated 25 July 2014 Ergon Energy advice agency email response dated 5 June 2014

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EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is code assessable and was not required to undergo public notification. It has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and is in conflict with provisions of the Mareeba Shire Planning Scheme Part 4 Division 14 - Rural Zone Code. The subject land is zoned rural and the proposed allotments are significantly smaller that the desired minimum reconfigured lot size of 30 hectares. The application has significant conflicts with the Mareeba Shire Planning Scheme and is likely to result in the ad hoc creation of an additional rural living allotment, without any community benefit, and instead establishing the real prospect of ongoing rural land use conflict. It is recommended that the application be refused.

OFFICER'S RECOMMENDATION 1.

That in relation to the following development application: APPLICATION GR Pedersen

APPLICANT

ADDRESS

DATE LODGED

20 May 2014

TYPE OF APPROVAL PROPOSED DEVELOPMENT

Development Permit

RPD

PREMISES Mareeba-Dimbulah Road, Mareeba Lot 3 on SP151297 & Emts B & C on SP151297

Reconfiguring a Lot - Subdivision creating 3 lots

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: Refused by Council for reasons set out in (B). (A)

REFUSED DEVELOPMENT:

(B)

ASSESSMENT MANAGERâ&#x20AC;&#x2122;S REASONS FOR REFUSAL: 1.

Development Permit for Reconfiguring a Lot Subdivision creating 3 lots

The proposed development is in conflict with Part 4, Division 14, 4.77 Overall Outcomes for Rural Zone Code: (b)

where agricultural production and the raising of animals are protected from incompatible land uses; Page 6

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(c)

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The proposed development is in conflict with Part 4, Division 14, 4.80 Rural Zone Code: Reconfiguring a Lot S1

The viability of the farming industry throughout the Shire and including Good Quality Agricultural Land, and future opportunities for farming pursuits are not compromised. PS1.2 Allotments to have a minimum area of 30 hectares and road frontage of 150 metres if outside the area identified on Agricultural Land Quality Maps S2, S3, S4 and S5.

(C)

The proposed development is in conflict with land use policies 2.4.1, 2.4.2, 4.6.1, 4.6.2, 5.4.2 and 5.4.3 of the Far North Queensland Regional Plan 2009-2031.

That there are not sufficient grounds to justify approval, despite the identified conflicts.

CONCURRENCE AGENCY CONDITIONS Department of State Development, Infrastructure and Planning conditions dated 25 July 2014.

THE SITE The subject land is described as Lot 3 on SP151297, Parish of Tinaroo, County of Nares, situated at Mareeba - Dimbulah Road, Mareeba. The subject land has an area of 16.25 hectares, with a frontage of approximately 150 metres to Mareeba - Dimbulah Road. Mareeba - Dimbulah Road is a State controlled road and is constructed to two lane bitumen sealed standard for the entire frontage. Access to the land is obtained off Mareeba - Dimbulah Road using a single access point shared with neighbouring Lots 1 and 2 on SP151297. Easement B within Lot 1 on SP151297 and Easement C within Lot 2 on SP151297 allow for access between Lot 3 and the access onto Mareeba - Dimbulah Road. The access easement is constructed to bitumen sealed standard from the Mareeba - Dimbulah Road access point up to the end of Easement B. Easement C is formed to gravel standard.

No structures exist on the land. At present the land is used for a small scale extractive industry which involves the scraping of ridge gravel. Bands of remnant vegetation are Page 7

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present in the centre of the property and adjacent to Granite Creek which forms the southeastern (rear) boundary of the subject land. The remainder of the land has been cleared during previous grazing usage. A high voltage overhead transmission line and associated easement traverse the centre of the subject land. Surrounding properties are predominately medium sized rural living holdings.

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 29 January 2008, Council resolved under Schedule 1, part 1 of the Integrated Planning Act 1997 to begin the process to amend the Mareeba Shire Planning Scheme 2004 to include amongst other matters, the land on the southern side of the Mareeba-Dimbulah Road from Lot 5 on SP151297 to Lot 528 on NR6915, Parish of Tinaroo within the Rural Residential zone. The process to amend the Mareeba Shire Planning Scheme 2004 was interrupted by amalgamation in March 2008 and ultimately the decision was make not to continue with the proposed amendment in favour of developing a new Planning Scheme for the entire Tablelands Regional Council area. The draft new planning scheme does not include the subject land in the Rural Residential zone, instead it includes the majority of the subject land within the Rural (General Rural) zone. An area of approximately 7,000 square metres (roughly 4.3 percent of the site) immediately adjoining the Mareeba-Dimbulah Road frontage is mapped as Rural (Good Quality Agricultral Land) zone. The draft reconfiguring a lot provisions for the Rural (General Rural) zone and the Rural (Good Quality Agricultral Land) zone both nominate 60 hectare minimum lot sizes. Council's 2008 decision to rezone the subject land to rural residential did not progress far enough along the Statutory amendment process to be given significant weight in the assessment of the current reconfiguration application. Page 9

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PREVIOUS APPLICATIONS & APPROVALS A development permit for material change of use (extractive industry) was issued over the subject land in 2007. This approval allowed for the small scale extraction of ridge gravel and this activity has been carried out on the subject land since 2007. The applicant advises that the extractive industry use will be abandoned should Council grant approval for the proposed reconfiguration.

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Reconfiguring a Lot Subdivision creating 3 lots in accordance with the plans shown in Attachment 1. The proposed subdivision would result in the creation of the following three (3) allotments: •

Lot 6 - area of 2 hectares, frontage of approximately 142 metres to Mareeba Dimbulah Road;

•

Lot 7 - area of 2 hectares, no frontage, access via 8 metre wide easement to Mareeba - Dimbulah Road;

•

Lot 8 - area of 11.75 hectares, 8 metres of frontage to Mareeba - Dimbulah Road.

A reciprocal access easement arrangement is intended to allow all three lots to access the Mareeba - Dimbulah Road via the existing single access point adjacent to Lot 1 on SP151297. Proposed Lots 6 & 7 are each to be provided with a water bore, electricity, telephone services. Proposed Lot 8 continues to retain riparian frontage to Granite Creek for water supply purposes. All proposed lots would be vacant.

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 is: • Terrestrial Area of General Ecological Significance • Wetland Area of General Ecological Significance

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PLANNING SCHEME DESIGNATIONS Strategic Framework designation:

Mareeba Dimbulah Irrigation Area

Zone:

Rural (where not GQAL) zone

Overlays

Natural Disaster Bushfire Overlay

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: DRO 1.1 Biodiversity Conservation Land Use Policy 1.1.4

Urban development in or adjacent to areas of general ecological significance (see map 3) is located, designed and operated to avoid or, where avoidance is not possible, minimise any adverse impacts on ecological values where possible.

Complies

Comments

Each of the three (3) proposed allotments contains adequate usable area to allow dwelling houses to be sited to avoid the areas of general ecological significance.

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

Ă&#x2014;

The majority of the subject land and both adjoining rural allotments are not mapped as Good Quality Agricultural Land. Council officers do not dispute the not good quality agricultural land categorisation. The land opposite the subject land on the northern side of the Mareeba Dimbulah Road is mapped as good quality agricultural land, however it is not currently used for agriculture and is considered to be marginal agricultural land at best. Despite the marginal quality of the agricultural land in this locality, the creation of two essentially 'rural residential' allotments will constrain the future rural development options of the surrounding area. The future development of rural uses such as animal husbandry-intensive which are dependent on achieving separation distances from sensitive receptors (dwelling houses) will be made more difficult by the creation of the proposed lots and the

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subsequent additional dwelling houses. 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.

Based on the existing rural land uses, the proposed allotments would currently achieve the 300 metre separation buffer. It should be noted that the owners of the neighbouring rural land may still develop the land for agricultural uses despite the poor quality of the soil. If this was to occur, however unlikely it may currently appear, the potential for land use conflict between the proposed 'rural residential' lots and the rural land uses is high.

DRO 2.6 Rural Subdivision Land Use Policy 2.6.1

Further fragmentation of agricultural land in the regional landscape and rural production area is avoided to maintain economically viable farm lot sizes.

Complies

Comments

The majority of the subject land and both adjoining rural allotments are not mapped as Good Quality Agricultural Land. Council officers do not dispute the not good quality agricultural land categorisation. The area of the subject land at just 16.25 hectares is already below the Planning Scheme's acceptable solution of 30 hectares and for this reason is considered to have limited economic viability.

DRO 4.6 Rural Residential Development Land Use Policy

Complies

Comments Despite the rural zoning, proposed Lots 6 and 7 are effectively rural residential allotments. The subject land is not located within the rural living area. The subject land is zoned Rural, not rural residential.

4.6.1

New rural residential development is located in rural living areas.

4.6.2

Future demand for rural residential housing is provided from within the existing stock of land zoned for this purpose.

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

5.4.3

Potential conflict between primary industries and urban activities is managed through land use planning and, where appropriate, developer-established buffers.

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uses is high.

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

(b)

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.

Complies

Comments

If approved, the development would be conditioned to comply.

State Planning Policy

On 2 December 2013 (amended July 2014), the Department of State Development, Infrastructure and Planning introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. As such, this State Planning Policy is not reflected in the Planning Scheme and is therefore applicable to the assessment of the application. This officer has conducted an assessment of the proposed development against the provisions contained within the SPP and it is not considered to be in conflict with any relevant aspect of the SPP. Queensland State Planning Policy - December 2013 State Interest Mining and extractive resources

Complies

(1) the development ensures that: (a) for development within a resource/processing area for a KRA – the undertaking of an existing or future extractive industry development is not significantly impeded, and

For extractive resources (1)

Assessment Requirements & Comments

a development application for: (a) reconfiguring a lot within a KRA, or

(b) sensitive land uses are avoided within the separation area for a resource/processing area of a KRA, and (c) for development within the transport route separation area of a KRA – the number of residents adversely affected by noise, dust and vibration generated by the haulage of extractive materials along the route does not increase, and (d) for development adjacent to the transport route – the safe and efficient use of the transport route by vehicles transporting extractive resources is not adversely affected. Comment The Mareeba-Dimbulah Road is a transport route for KRA 151 (Arriga sand extraction area) The transport route separation area for the MareebaPage 13

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Dimbulah Road extends approximately 60 metres into the subject land. At present, there is the potential for one dwelling house to be constructed on the subject land within the transport route separation area. Following the reconfiguration, the proposed lot layout would still allow for only one dwelling house to be constructed within the transport route separation area. The existing Department of Transport and Main Roads approved single access point will also serve as access to the two (2) additional allotments. The proposed development complies. Biodiversity

Development:

A development application where the land relates to a matter of state environmental significance, if the application is for:

(1) identifies any potential significant adverse environmental impacts on matters of state environmental significance, and

(2) manages the significant adverse environmental impacts on matters of state environment significance by, in order of priority: (a) avoiding significant adverse environmental impacts, and (b) mitigating significant adverse environmental impacts where these cannot be avoided, and (c) where applicable, offsetting any residual adverse impacts. Comment The proposed development would result in the creation of two (2) additional lots with areas less than 5 hectares. Each of the three (3) proposed allotments contains adequate usable area to allow dwelling houses to be sited to avoid the areas of general ecological significance.

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

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

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protective function of landforms and vegetation that can mitigate risks associated with the natural hazard, and Comment Apart from a narrow strip adjacent to Granite Creek, the land is not identified as being at risk from flooding or landslide. The subject land is mapped as being within a medium bushfire hazard area. The development can be reasonably conditioned to minimise the risk from bushfire.

(c)

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

Relevant Desired Environmental Outcomes DEO

Complies

Comments The proposed development would not result in additional vegetation clearing, nor is it likely to result in soil degradation, air and water pollution due to erosion, dust and chemical contamination, dispersal of pollutants, effluent disposal and the like.

(c)

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.

(d)

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

Ă&#x2014;

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(e)

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

Wednesday 01 October 2014

Ă&#x2014;

The further fragmentation of the rural zone does not maintain or promote the outcome sought by this DEO. The future development of rural uses such as animal husbandry-intensive which are dependent on achieving separation distances from sensitive receptors (dwelling houses) will be made more difficult by the creation of the proposed lots and the subsequent additional dwelling houses.

(l)

Residential uses are consolidated in identified urban nodes, including the existing townships and settlements and the rural landscape is protected from encroachment of urban uses.

Ă&#x2014;

Despite the rural zoning, proposed Lots 6 and 7 are effectively rural residential allotments. The future development of rural uses such as animal husbandry-intensive which are dependent on achieving separation distances from sensitive receptors (dwelling houses) will be made more difficult by the creation of the proposed lots and the subsequent additional dwelling houses.

(q)

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

Ă&#x2014;

Despite the marginal quality of the agricultural land in this locality, the creation of two essentially 'rural residential' allotments will constrain the future rural development options of the surrounding area. The future development of rural uses such as animal husbandry-intensive which are dependent on achieving separation distances from sensitive receptors (dwelling houses) will be made more difficult by the creation of the proposed lots and the subsequent additional dwelling houses.

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 12

Rural Zone Code Natural Disaster - Bushfire Overlay Code Reconfiguring a Lot Code

The application did not include a planning report and assessment against the planning scheme. An officer assessment has found that the application conflicts with several relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below. Relevant Codes Rural Zone Code

Comments The application complies with applicable acceptable/probable solutions/performance criteria apart from the following: Page 16

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4.80 Specific Outcome S1 and Probable Solution PS1.2.

Refer to planning discussion section of report. Natural Disaster Overlay Code

Bushfire

Reconfiguring a Lot Code

(e)

The application complies with applicable acceptable/probable solutions/performance criteria. The application complies with applicable acceptable/probable solutions/performance criteria.

Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application: No. 1 - Water Supply (Outside Reticulated Water Supply Area) If the proposed development was to be approved, proposed Lots 6 and 7 should be conditioned to require the provision of individual water bores in accordance with Planning Scheme Policy No. 1. No. 4 - Development Manual All development works are required to be designed and constructed in accordance with FNQROC Development Manual standards. (f)

Additional Infrastructure Payment Condition

As the subject land fronts directly onto State controlled road and is not serviced by town water or sewerage, infrastructure charges for these networks are not warranted. REFERRALS Concurrence The application triggered referral to the Department of State Development, Infrastructure and Planning as a Concurrence Agency for: • • •

Schedule 7, Table 2, Item 2 - State controlled road Schedule 7, Table 2, Item 4 - Native vegetation clearing Schedule 7, Table 2, Item 28 - Particular development on SCL or potential SCL (strategic cropping land)

That Department advised in a letter dated 25 July 2014 that they require the conditions to be attached to any approval (Attachment 2). Advice The application triggered referral to Ergon Energy as an Advice Agency (high voltage transmission line). Ergon Energy advised in an email dated 5 June 2014, that they have no objection to the proposed development (Attachment 3).

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Internal Consultation Development Engineering PLANNING DISCUSSION Noncompliance with the relevant acceptable solutions or probable solutions/performance criteria of the following Codes are summarised as follows: The overall outcomes sought for the Rural Zone code are to achieve an area: (b)

where agricultural production and the raising of animals are protected from incompatible land uses; Comment The rural zone is intended for agricultural and primary production purposes. Fragmenting rural allotments below the Planning Scheme's minimum lot size will generally lead to a higher dwelling density within the rural zone, increasing the probability that one or more of the additional dwelling houses will result in a land use conflict with bona fide rural uses. In particular, the increased dwelling density associated with the creation of smaller rural allotments, makes it more difficult to establish new intensive rural activities or to expand existing intensive rural activities. This is due to the separation distances that must be maintained between the rural use and any nearby dwelling houses. The recent expansion of the poultry industry has highlighted the potential for land use conflict between intensive rural activities and nearby dwelling houses. The proposed development conflicts.

(c)

where good quality agricultural land is protected from fragmentation and alienation, not developed for purposes other than agricultural and support uses, and is protected from incompatible land uses in accordance with SPP1/92; Comment The majority of the subject land and both adjoining rural allotments are not mapped as Good Quality Agricultural Land. Council officers do not dispute the not good quality agricultural land categorisation. The land opposite the subject land on the northern side of the Mareeba Dimbulah Road is mapped as good quality agricultural land, however it is not currently used for agriculture and is considered to be marginal agricultural land at best. Despite the marginal quality of the agricultural land in this locality, the creation of two essentially 'rural residential' allotments will constrain the future rural development options of the surrounding area.

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The future development of rural uses such as animal husbandry-intensive which are dependent on achieving separation distances from sensitive receptors (dwelling houses) will be made more difficult by the creation of the proposed lots and the subsequent additional dwelling houses. Conflicts with the specific outcomes and probable solutions for the Rural Zone: Reconfiguring a Lot S1

The viability of the farming industry throughout the Shire and including Good Quality Agricultural Land, and future opportunities for farming pursuits are not compromised. PS1.2

Allotments to have a minimum area of 30 hectares and road frontage of 150 metres if outside the area identified on Agricultural Land Quality Maps S2, S3, S4 and S5.

Comment The majority of the subject land and both adjoining rural allotments are not mapped as Good Quality Agricultural Land. Council officers do not dispute the not good quality agricultural land categorisation. All proposed allotments have areas below 30 hectares. The land opposite the subject land on the northern side of the Mareeba Dimbulah Road is mapped as good quality agricultural land, however it is not currently used for agriculture and is considered to be marginal agricultural land at best. Despite the marginal quality of the agricultural land in this locality, the creation of two essentially 'rural residential' allotments will constrain the future rural development options of the surrounding area. The future development of rural uses such as animal husbandry-intensive which are dependent on achieving separation distances from sensitive receptors (dwelling houses) will be made more difficult by the creation of the proposed lots and the subsequent additional dwelling houses. The proposed development conflicts with PS1.2 and Specific Outcome S1. The intention of the Planning Scheme for the rural zone is to discourage the creation of further small rural lots, and the proposal is in conflict with this intention. The application is recommended for refusal. Date Prepared:

12 September 2014

ATTACHMENT 1 APPROVED PLANS (DWS VS 3561127)

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ATTACHMENT 2

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ATTACHMENT 3

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ITEM-2

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P EDISON - RECONFIGURING A LOT - SUBDIVISION (1 INTO 2 LOTS) - LOT 2 SP161466 - 29 ENGLISH ROAD, JULATTEN - DA/14/0038

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

1 October 2014

REPORT OFFICER’S TITLE: Planning Officer Corporate and Community Services

DEPARTMENT:

APPLICATION DETAILS APPLICANT

APPLICATION P Edison 31 August 2014 Development Permit

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

ATTACHMENTS:

ADDRESS RPD

PREMISES 29 English Road, Julatten Lot 2 on SP161466

Reconfiguring a Lot - Subdivision (1 into 2 Lots) DA/14/0038 AREA 2.001 Ha P Edison OWNER A McDonald Mareeba Shire Planning Scheme 2004 (amendment no. 01/11) Rural Code Assessment N/A - Code Assessment

Proposal Plan/s

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EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is code assessable and was therefore not required to undergo public notification. The applicant proposes the subdivision of the subject site into 2 x 1 ha allotments, separating the sites two existing dwellings onto separate titles. Access to both proposed allotments will be gained via a section of undeveloped road reserve (the continuation of English Road). The application and supporting material has been assessed against the relevant statutory planning instruments, including the FNQ Regional Plan, the State Planning Policy, and the Mareeba Shire Planning Scheme (including codes and policies) and is in conflict with the rural subdivision provisions contained within the Planning Scheme. Both proposed allotments are well under the desired minimum resultant lot size of 30 hectares for land within the Rural zone (where not GQAL). The proposed subdivision conflicts with an overall intent of the rural zone as it would result in further fragmentation of land within the rural zone and the creation of an additional poorly serviced rural living allotment. Despite the subject land having a total area of only 2 Ha (approx.), as well as two existing dwellings of which the subdivision intends to separate, this officer does not consider this to be sufficient grounds to justify an approval. Approving this development application on the basis of the two existing dwelling houses would set an undesirable precedent for future subdivision within the rural zone due to the large number of rural allotments that contain multiple established dwelling houses (worker's cottages, caretakers residences etc). Furthermore, the existing undeveloped section of road reserve currently used to access the subject land would require significant upgrading in order to conform to FNQROC Development Manual Standards for rural roads. For reasons outlined above, it is recommended that the application be refused.

OFFICER'S RECOMMENDATION 1.

That in relation to the following development application:

APPLICANT DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

APPLICATION P Edison

ADDRESS

31 August 2014 Development Permit

RPD

PREMISES 29 English Road, Julatten Lot 2 on SP161466

Reconfiguring a Lot - Subdivision (1 into 2 Lots)

Mareeba Shire Council - Agenda

Wednesday 01 October 2014

(A)

REFUSED DEVELOPMENT:

Development Permit for Reconfiguring a Lot Subdivision (1 into 2 Lots)

(B)

ASSESSMENT MANAGERâ&#x20AC;&#x2122;S REASONS FOR REFUSAL: That Council considers:1.

The proposed development is in conflict with Part 4, Division 14, 4.80 of the Rural Zone code: Reconfiguring a Lot S1

The viability of the farming industry throughout the shire and Good Quality Agricultural Land, and future opportunities for farming pursuits are not compromised. PS1.2

Allotments to have a minimum area of 30 hectares and road frontage of 150 metres if outside the area identified on Agricultural Land Quality Maps S2, S3, S4 and S5.

That there are not sufficient grounds to justify approval of the application, despite the identified conflicts.

THE SITE The subject site is situated at 29 English Road, Julatten, and is described as Lot 2 on SP161466, Parish of Mowbray, County of Solander. The site is irregular in shape with a total area of 2.001 Ha and is zoned Rural under the Mareeba Shire Planning Scheme. The site is not mapped as containing Good Quality Agricultural Land (GQAL). The subject land contains approximately 310 metres of frontage to undeveloped road reserve which is a continuation of English Road, which ends just north of the subject land. English Road itself is constructed to a narrow formed gravel standard. Informal vehicle access along the undeveloped section of road reserve is used to access the two dwellings currently constructed on the subject site (one at either end of the site). The subject land is significantly constrained by both slope and vegetation and is used merely as a rural lifestyle allotment. The lot is serviced with electricity and telecommunications infrastructure and contains a water supply via rainwater tanks and water allocation from Euluma Creek, situated to the south-east of the site. An easement for water supply purposes has been established within adjoining Lot 1 on SP161466 which separates the site from Euluma Creek. Both houses are serviced by separate on-site wastewater disposal systems.

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Map Disclaimer:

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All surrounding allotments are zoned Rural, with land on the western side of the English Road road reserve mapped as containing GQAL and used primarily for grazing purposes. Lot 1 on SP161466 immediately to the east of the site contains a long established retreat/spa business, while all other surrounding allotments remain predominately vegetated and used for rural lifestyle purposes.

BACKGROUND AND CONTEXT The dwelling house in the northern corner of the subject land was established by the current applicant as a caretaker's residence prior to the subject land being excised from the adjoining retreat/spa allotment (Lot 1 on SP161466). The second dwelling house in the south-western corner of the subject land was allowed by Council in 2002 as a maximum 50 square metre residence to accommodate the current applicant (essentially family accommodation/granny flat use).

PREVIOUS APPLICATIONS & APPROVALS Nil

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Reconfiguring a Lot Subdivision (1 into 2 Lots) in accordance with the plans shown in Attachment 1. The applicant proposes the subdivision of the subject site generally in half to create 2 x 1 ha allotments. The subdivision is sought to separate the two existing dwellings situated at either end of the site. The proposed allotments are as follows: • •

Proposed Lot A - approx. area of 1 Ha, approx. frontage of 210m to unconstructed English Road road reserve. Proposed Lot B - approx. area of 1 Ha, approx. frontage of 100m to unconstructed English Road road reserve.

Both proposed allotments will contain an established dwelling house and will utilise existing separate electricity and telecommunications supplies. Both houses are serviced by separate on-site wastewater disposal systems and both allotments will be supplied with water from Euluma Creek via an existing easement through adjoining Lot 1 on SP161466 and a future proposed easement through proposed Lot B (to supply water to proposed Lot A). No upgrades to English Road or the undeveloped section of road reserve have been proposed by the applicant as part of this development application.

Mareeba Shire Council - Agenda

Wednesday 01 October 2014

•

Strategic Rehabilitation Area

•

State & Regional Conservation Corridors

•

Terrestrial Area of High Ecological Significance

PLANNING SCHEME DESIGNATIONS Strategic Framework designation:

Rural

Zone:

Rural (Not GQAL)

Overlays

Significant Vegetation Overlay Natural Disaster - Bushfire Overlay

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

Further fragmentation of agricultural land in the regional landscape and rural production area is avoided to maintain economically viable farm lot sizes.

Complies

Comments The subject site is situated within the RLRPA, however, the subject land is considered to have little to no agricultural potential due to its limited size and vegetation and slope constraints. The proposed development is not considered to be in conflict with Land Use Policy 2.6.1.

DRO 4.6 Rural Residential Development Land Use Policy 4.6.1

New rural residential development is located in rural living areas.

Complies

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Comments Despite the rural zoning, proposed Lots A and B are effectively rural residential allotments. The subject land is not located within the rural living area.

Mareeba Shire Council - Agenda

(b)

Wednesday 01 October 2014

State Planning Policy

Complies

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.

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 proposed reconfiguration can be conditioned to comply with this aspect of the SPP.

(c)

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

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 6 Part 5, Division 8 Part 6, Division 12

Rural Zone Code Significant Vegetation Overlay Code Natural Disaster - Bushfire Overlay Code Reconfiguring a Lot Code

The application included 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.

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Relevant Codes Rural Zone Code

Wednesday 01 October 2014

Comments The proposed development can be conditioned to comply with the relevant acceptable/probable solutions contained within the code apart from the following:

Reconfiguring a Lot - Probable Solution PS1.2

Refer to discussion below. Significant Vegetation Overlay Code

Natural Disaster - Bushfire Overlay Code Reconfiguring a Lot Code

Although this code is triggered in the assessment of the application, the subject site does not contain any areas mapped as Category A or B Vegetation on Map V2. Therefore assessment against this code is not considered relevant in this instance. 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.

Noncompliance with the relevant acceptable/probable solutions outlined in the table above are summarised as follows: Rural Zone Code 4.80 Reconfiguring a Lot S1

The viability of the farming industry throughout the shire and including Good Quality Agricultural Land, and future opportunities for farming pursuits are not compromised. PS1.1

â&#x20AC;Ś

PS1.2

Allotments to have a minimum area of 30 hectares and road frontage of 150 metres if outside the area identified on Agricultural Land Quality Maps S2, S3, S4 and S5.

Comment The applicant proposes the subdivision of the subject site into 2 x 1 hectare allotments which are well under the desired minimum resultant lot size of 30 hectares for land within the Rural zone (where not GQAL) as dictated by PS1.2. The applicant has stated that the subdivision is sought to separate the two existing dwellings on the subject site. An overriding intention of the Planning Scheme is to minimise further fragmentation of agricultural land within the Rural zone and to maintain economically viable farm lot sizes. Although it is not disputed that the subject site is not GQAL, nor is it of a size that could be considered viable, the proposed development would result in further fragmentation and dissipation of rural land and the ad hoc creation of another poorly serviced rural living allotment. At present the subject site (both dwellings) is accessed via an informal track within the undeveloped section of the English Road road reserve. Being a road reserve, in order Page 44

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Wednesday 01 October 2014

for the development to comply with both the Rural Zone code and Reconfiguring a Lot code, the applicant is required to upgrade this section of road in accordance with the FNQROC Development Manual. Due to the topography of the land, Council officers have concerns with regards to the substantial costs involved in upgrading this section of road reserve which would fall solely on the applicants in this instance. Once constructed, Council would become responsible for the ongoing maintenance of this additional section of road. Although the subdivision may benefit the applicant, there is not considered to be any overriding benefit to the community or to Council as a result of the development. Having multiple dwellings on a single rural allotment is not adequate justification to further fragment rural land and if approved, would set a negative precedent for future subdivision in rural areas, especially considering the large number of rural allotments within the Shire that contain multiple dwellings. Should Council choose to approve the application against this officer's recommendation, it is suggested that conditions be attached to any approval requiring the upgrade/construction of the undeveloped section of English Road. Access Provisions for Rural Zone Code & Reconfiguring a Lot Code S3

Functional, safe and convenient vehicular access and movement to the site for the particular activity. PS3

Access to the site is provided in accordance with Planning Scheme Policy 4 Development Manual Section D1.30.

Vehicular access Each new lot has appropriate vehicular access to a road that does not significantly detract from the function of the road; and complies with the Planning Scheme Policy 4 - Development Manual PS1

No probable solution provided.

Comment A general requirement for any proposed subdivision, as outlined in probable solution PS3 and specific outcome S1 above is that access to the development is provided in accordance with the FNQROC Development Manual. Proposed Lots A and B will contain frontage to, and be accessed from a section of unconstructed road reserve. This section of road reserve is currently used to access both dwellings on the subject site and remains an informal track at best, well under FNQROC Development Manual Standards. As such, it would ordinarily be considered both reasonable and relevant to condition the upgrade of this section of road reserve. However, do to the topography of the land within the road reserve; Council officers have concerns with regards to the cost involved with upgrading this section of road reserve which would more than likely be considered unreasonable and may be a point of dispute between the applicant and Council in future.

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Council should also consider that once constructed, the maintenance of this additional section of gravel road would then be Council's responsibility. Should Council approve the application and resolve not to require any road construction/upgrade, a negative precedent could be set for future rural reconfiguration access from informal sub-standard access arrangements. (e)

Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application: No. 1 - Water Supply (Outside Reticulated Water Supply Area) Both proposed allotments contain existing dwellings that have rainwater tank supply. In addition to this, water supply from Euluma Creek is available for both allotments through an existing water supply easement that traverses adjoining Lot 1 on SP161466 (down to Euluma Creek). If Council approves the application against this officer's recommendation, a condition should be attached to any approval requiring the establishment of an additional water supply easement through proposed Lot B, in favour of proposed Lot A to secure the additional perennial stream water supply for proposed Lot A. No. 4 - Development Manual Should Council approve the application against this officer's recommendation, it is recommended that conditions be attached to any approval requiring the upgrade of the section of unconstructed road reserve used to access both proposed allotments. (f)

Adopted Infrastructure Charges Notice

Roadworks The proposed subdivision is sought to separate the two existing dwellings established on the site. As such, both proposed allotments will contain an established dwelling and the development will therefore not result in any increase in vehicle traffic movements on Council's local area road network. An Augmentation of the Road Network Contribution is not considered necessary in this instance. Parks The proposed subdivision is sought to separate the two existing dwellings established on the site. As such, both proposed allotments will contain an established dwelling and the development will not result in an increase in population density or demand on Council's parklands and open space. An Open Space Contribution is not considered necessary in this instance. REFERRALS Concurrence

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This application did not trigger referral to any Concurrence Agencies. Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Application PLANNING DISCUSSION Nil Date Prepared:

22 September 2014

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3576734)

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ITEM-3

Wednesday 01 October 2014

T WATKIN - APPLICATION FOR HEIGHT DISPENSATION FOR SHED/CARPORT - LOT 61 ON SP154455 - 19 DEAN CIRCUIT, MAREEBA - BAP/14/0008

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

1 October 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Senior Planner Corporate and Community Services

DEPARTMENT:

APPLICATION DETAILS APPLICATION

PREMISES

APPLICATION NO:

BAP/14/0008

RPD:

Lot 61 on SP154455

ADDRESS:

19 Dean Mareeba

APPLICANT:

T Watkin

OWNER:

T Watkin

DATE REFERRAL RECEIVED

12 2014

Circuit,

PO Box 2653 Mareeba QLD 4880 ASSESSMENT MANAGER

N/A

PROPOSED DEVELOPMENT:

Section 271 Preliminary Advice for building work assessable against a planning scheme - Non compliant height for a Class 10a structure

PLANNING SCHEME:

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

ZONE:

Rural Residential

ATTACHMENTS:

1. 2.

September

Building Plans Applicant letter/Reasons

EXECUTIVE SUMMARY Council is in receipt of a pre-lodgement request for the issue of a concurrence agency response for noncompliant building works (height dispensation) for the erection of a Class 10A structure (shed/carport) on land described as Lot 61 on SP154455, Parish of Tinaroo, situated at 19 Dean Circuit, Mareeba

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The request has been assessed against the Dwelling House Code of the Planning Scheme and is in conflict with Overall Outcomes (a) and (b) and Specific Outcome S2. The key issue of the proposed development is the siting of the proposed 12m x 16m x 5.255 (high) shed/carport at the front of the subject land, 5.9 metres from the Dean Circuit boundary. Siting of a shed of this height so close to the front boundary is likely to have significant adverse impacts on the amenity of the rural residential neighbourhood. The subject land has sufficient area to allow the applicant to more reasonably site the proposed shed behind the existing dwelling house as has been done for most other allotments in this estate. It is recommended that the application be refused. OFFICER'S RECOMMENDATION That in relation to the following application: APPLICATION APPLICATION NO:

PREMISES BAP/14/0008

RPD:

Lot 61 on SP154455

ADDRESS:

19 Dean Mareeba

APPLICANT:

T Watkin

OWNER:

T Watkin

DATE REFERRAL RECEIVED

12 2014

Circuit,

PO Box 2653 Mareeba QLD 4880 ASSESSMENT MANAGER

N/A

September

PROPOSED DEVELOPMENT:

Section 271 Preliminary Advice for building work assessable against a planning scheme - Non compliant height for a Class 10a structure

PLANNING SCHEME:

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

ZONE:

Rural Residential

and in accordance with the Sustainable Planning Act 2009, the applicant be notified that the Mareeba Shire Council, as a Concurrence Agency, in accordance with the relevant provisions of the Mareeba Shire Planning Scheme 2004 (amendment no. 01/11), has determined that in accordance with the submitted material, Council would recommend that a Concurrence Agency Response to the Assessment Manager direct that the development permit for building works be refused for reasons set out in (A). (A)

REASONS FOR REFUSAL: 1.

The proposed development is in conflict with Part 6, Division 13, 6.3 Overall Outcomes for Dwelling House Code: (a)

The dwelling house and associated development are compatible with surrounding development; Page 50

Mareeba Shire Council - Agenda

(b) 2.

Wednesday 01 October 2014

The dwelling house does not adversely affect the amenity of the surrounding area;

The proposed development is in conflict with Part 6, Division 13, 6.4 Dwelling House Code: For all Dwelling Houses S2

Character Dwelling houses are consistent in scale with existing buildings and structures in the vicinity.

THE SITE The subject site is situated at 19 Dean Circuit, Mareeba, and described as Lot 61 on SP154455, Parish of Tinaroo, County of Nares. The site has a rectangular shape with a total area of 4,255 square metres and a frontage of approximately 52 metres to Dean Circuit. Dean Circuit is constructed to bitumen sealed (kerb to kerb) standard for its entire length. A single storey dwelling house is established on the site, setback approximately 17.9 metres from the Dean Circuit frontage.

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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.

The site is flat and with limited vegetated and relatively unconstrained. The subject land and all neighbouring allotments are zoned Rural Residential under the Mareeba Shire Planning Scheme 2004. Most allotments in the locality contain established dwelling houses and sheds, and are used for rural residential living purposes.

DESCRIPTION OF PROPOSED DEVELOPMENT A pre-lodgement request has been made to Mareeba Shire Council for the issue of a concurrence agency response for noncompliant building works (height dispensation) for the erection of a Class 10A structure (shed/carport) on land described as Lot 61 on SP154455, Parish of Tinaroo, situated at 19 Dean Circuit, Mareeba. The proposed 12m x 16m x 5.255 (high) shed/carport will be of steel and iron construction with a gross floor area of 192 square metres. The proposed shed will be setback approximately 5.9 metres from the Dean Circuit frontage and 4.8 metres from the boundary. The applicant advises that the additional height is necessary to accommodate a boat which has a height of 3.5 metres and a length of 9.35 metres.

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The applicants advise that the proposed site for the shed adjacent to Dean Circuit, has been selected due to limited useable space at the rear of the house (septic trenches, cubby house, trampoline and trees). MAREEBA SHIRE PLANNING SCHEME 2004 (amendment no. 01/11) Zoning The subject land is within the Rural Residential zone. Relevant Codes Height The Dwelling House Code includes the following provisions: Specific Outcome S2

Character Dwelling houses are consistent in scale with existing buildings and structures in the vicinity.

Acceptable Solution AS2.3 Outbuildings used ancillary to the dwelling house for domestic purposes do not exceed 4 metres in height at the apex of the roof or 3 metres in height at the sidewalls. Comment The applicants propose to site the shed within 5.9 metres of the Dean Circuit road frontage. As a result, other property owners and motorists will be presented with a shed wall ranging in height between 3.739 metres to 5.255 metres extending over a length of 16 metres. The proposed shed would have a total height of 5.255 metres, exceeding AS2.3 (Dwelling House Code) by 1.255 metres at the shed's apex. The shed's sidewall height at approximately 3.739 metres exceeds the acceptable solution by 0.739 metres. Whilst the additional height is not inconsistent in scale with other sheds constructed in this rural residential estate, it is certainly inconsistent to have such a high shed positioned at the very front of an allotment and not screened to some extent behind the dwelling house. Overall Outcomes (a) and (b) of the Dwelling House Code are as follows: (a)

The dwelling house and associated development are compatible with surrounding development;

(b)

The dwelling house does not adversely affect the amenity of the surrounding area;

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The height and location of the proposed shed are likely to have a significant adverse effect on the amenity of the surrounding area. The applicant's argument that limited useable space exists at the rear of the house is not accepted. It is recommended the applicant be issued with a pre-lodgement response advising that the request for noncompliant building works (height dispensation) for the erection of a Class 10A structure (shed/carport) on land described as Lot 61 on SP154455, Parish of Tinaroo, situated at 19 Dean Circuit, Mareeba is refused.

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3592606)

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ATTACHMENT 2

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ITEM-4

Wednesday 01 October 2014

MDF INDUSTRIES PTY LTD - APPLICATION FOR ADVERTISING SIGN - LOT 2 ON RP737796 - 4286 KENNEDY HIGHWAY, MAREEBA

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

1 October 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Senior Planner DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Application has been made by MDF Industries Pty Ltd for the erection of an advertising billboard at Lot 2 on RP737796, Parish of Tinaroo, situated at 4286 Kennedy Highway, Mareeba. The proposed billboard location is approximately 115 metres east of the Malone Road intersection with the Kennedy Highway, and 1.17 kilometres south-west of the Emerald Creek service station. The proposed location falls within the designated billboard area, as outlined in the Council "Policy for the Assessment of Advertising Billboards within the former Mareeba Shire". The applicant advises that the proposed billboard is intended to offer advertisement for the MDF Industries, Ranbuild Sheds and Kleenheat Gas. The proposed billboard is not consistent with the following provisions of the policy for the assessment of advertising billboards: 4.

Policy Statement (b)

the display of the advertising billboard must not cause obstruction of, or distraction to, pedestrian or vehicular traffic on a road or any road-related area; and

(h)

only 1 advertising billboard that is visible from a road may be installed on premises; and

(i)

Advertising billboard with a sign face area in excess of 3 square metres (iii)

The advertising billboard must be sited a minimum of 500 metres from all existing advertising billboards.

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(ix)

Wednesday 01 October 2014

The location of the advertising billboard must be approved by the Department of Transport and Main Roads.

The application is recommended for refusal. OFFICER'S RECOMMENDATION "That Council refuse the application made by MDF Industries Pty Ltd for the erection of an advertising billboard on Lot 2 on RP737796, Parish of Tinaroo, situated at 4286 Kennedy Highway, Mareeba (with frontage to the Kennedy Highway), on the grounds that the proposed billboard is not consistent with the following provisions of the policy for the assessment of advertising billboards: 4.

Policy Statement (b)

the display of the advertising billboard must not cause obstruction of, or distraction to, pedestrian or vehicular traffic on a road or any road-related area; and

(h)

only 1 advertising billboard that is visible from a road may be installed on premises; and

(i)

Advertising billboard with a sign face area in excess of 3 square metres (iii)

The advertising billboard must be sited a minimum of 500 metres from all existing advertising billboards.

(ix)

The location of the advertising billboard must be approved by the Department of Transport and Main Roads."

BACKGROUND MDF Industries Pty Ltd has made application for the erection of an advertising billboard at Lot 2 on RP737796, Parish of Tinaroo, situated at 4286 Kennedy Highway, Mareeba. The proposed billboard is double sided with sign face dimensions of 6m x 3m and is not intended to be animated or incorporate revolving or flashing lights. The billboard would advertise various businesses including MDF Industries, Ranbuild Sheds and Kleenheat Gas. The proposed billboard location is approximately 115 metres east of the Malone Road intersection with the Kennedy Highway, and 1.17 kilometres south-west of the Emerald Creek service station. The proposed location falls within the designated billboard area, as outlined in the Council "Policy for the Assessment of Advertising Billboards within the former Mareeba Shire". The subject land is situated at 4286 Kennedy Highway, Mareeba, and is described as Lot 2 on RP737796, Parish of Tinaroo, County of Nares. The land has a total area of 70.816 Page 80

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hectares and is zoned Rural under the Mareeba Shire Planning Scheme. The land is currently owned by A & R Salerno and already contains four (4) advertising billboards constructed perpendicular to the Kennedy Highway.

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LINK TO CORPORATE PLAN NIL CONSULTATION Internal NIL External Department of Transport and Main Roads (Attachment 2). LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) NIL POLICY IMPLICATIONS Advertising signage in the former Mareeba Shire is regulated through Schedule 8 of Subordinate Local Law No. 1 - Installation of Advertising Devices. The 'Policy for the Assessment of Advertising Billboards within the former Mareeba Shire' is a Policy established to assist in the assessment of advertising billboards within the rural zone of the Page 82

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former Mareeba Shire and applies to all applications made under Subordinate Local Law No. 1. Policy Intent The purpose of this policy it to ensure that the provision of advertising billboards within the rural zone of the former Mareeba Shire allows for the functional advertising requirements of businesses, while ensuring that the natural attributes of the former Mareeba Shire are not compromised. As a region that derives an increasing part of its income from tourism there is an especially strong need to ensure that all signage is well presented, aesthetically pleasing and complementary to the character and built form of the locality. The following development outcomes are promoted by this policy: (a)

Signage that adequately caters for the needs of businesses, to clearly identify the goods and/or services which are supplied to the public;

(b)

Signage that complements the local streetscape of its locality and presents a visually attractive appearance to public areas;

(c)

Signage that is safely secure and does not pose a physical hazard to motorists, pedestrians, cyclists and residents on adjoining sites;

(d)

Signage that does not detract from the operation and safety of the major arterial road routes in the region; and

(e)

Signage that complements the objectives for the provision of attractive tourist scenic routes into and out of the former Mareeba Shire. Comment The proposed billboard would be consistent with development outcome (a) above, but its degree of consistency with development outcomes (b) to (e) is less certain. Council has adopted the Policy for the Assessment of Advertising Billboards within the former Mareeba Shire which guides the assessment process to determine overall consistency with Subordinate Local Law No. 1 - Installation of Advertising Devices.

Policy Statement (derived from Subordinate Local Law No. 1) Council will only grant approval for an advertiser to exhibit an advertising billboard if: (a)

the advertising billboard, including any structure associated with the support of the advertising billboard, must be structurally sound and safe; and Comment

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Should the application be approved, the applicant will need to obtain a development permit for building works. As part of a building application, the applicant will need to provide engineer certified plans for the billboard. If approved, the billboard will comply. (b)

the display of the advertising billboard must not cause obstruction of, or distraction to, pedestrian or vehicular traffic on a road or any road-related area; and Comment The proposed billboard would be located approximately 115 metres east of the Malone Road intersection with the Kennedy Highway. The intersection slip lane for vehicles travelling to Kuranda terminates in front of the proposed billboard location. The intersection of Godfrey Road, Malone Road and the Kennedy Highway is a 100 kilometre per hour speed zone and is an area where motorists must have their full attention on the road and other vehicles. Establishing an advertising billboard in proximity to this intersection will distract motorists as the sole purpose of an advertising billboard is to attract the attention of passing traffic. The Department of Transport and Main Roads advises: "The location for the proposed billboard lies within a “Restriction Notice Area” (Roadside Advertising Guide Appendix C) due to its placement being in the vicinity of an intersection and a terminating lane. Advertising devices are not preferred in these areas and TMR would support Council’s refusal of the application." The proposed billboard location conflicts with this policy statement.

(c)

an advertising billboard must not be located so as to form a background to a road or road related area when viewed from any direction; and Comment The proposed billboard would be sited perpendicular to the highway outside the State Controlled road reserve. The billboard would not form the background to any road or road related area.

(d)

an advertising billboard must not reflect any vehicle headlight glare towards - a road, a road-related area or a sensitive place. Comment The proposed billboard would be sited perpendicular to the Kennedy Highway approximately 8 metres from the road reserve boundary. The billboard would not be located near any other constructed roads and is setback an appropriate distance from nearby dwellings. The proposed billboard is not likely to cause a reflective nuisance.

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(e)

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an advertising billboard that is illuminated must be shielded to prevent the illumination of any road or road-related area and the illumination of the advertising billboard must not extend further than 3m from the advertising billboard; and Comment The proposed billboard would not be illuminated.

(f)

an advertising billboard may only be erected on premises with the written consent of the registered owner or trustee of the premises and the advertiser must produce the written consent to the local government on demand; and Comment Land owners consent has been obtained and is included with the application.

(g)

an advertising billboard that advertises premises, or an activity conducted on the premises, must not diminish the visual amenity of the locality on which the advertising billboard is installed; and Comment The size of the proposed billboard is consistent with the relevant dimension criteria specified under the policy for the assessment of advertising billboards within the former Mareeba Shire. This stretch of the Kennedy Highway is identified as an appropriate area for advertising billboards not exceeding 6 metres by 3 metres.

(h)

only 1 advertising billboard that is visible from a road may be installed on premises; and Comment The proposed billboard does not meet this policy statement as it would be the fifth billboard constructed on the subject land. In early 2014, Council allowed a fourth billboard on the subject land despite the conflict with (h) on the basis that: (a)

The proposed advertising billboard is not for the benefit of a sole business; instead, it is intended to provide a benefit to the wider Mareeba Shire through the promotion and continual development of the Mareeba Industrial Park.

(b)

The proposed advertising billboard is effectively a real estate sign, which historically, have been permitted by Council while developments are in progress. There is an expectation that the billboard will be removed once the Mareeba Industrial Park is fully developed.

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The justification used to approve the fourth billboard is not present for the proposed fifth billboard. Policy Statement (h) is critical in maintaining the integrity of the Policy for the assessment of advertising billboards within the former Mareeba Shire. If Council chooses to approve the current billboard despite this conflict, it is expected that other commercial billboard businesses will interpret this as a revocation of the policy. The proposed billboard conflicts with this policy statement. (i)

an advertiser must not install an advertising billboard within 200m of an intersection of 2 roads unless the advertising billboard does not cause obstruction of, or distraction to, pedestrian or vehicular traffic; and Comment The proposed billboard would be located approximately 115 metres east of the Malone Road intersection with the Kennedy Highway. The intersection slip lane for vehicles travelling to Kuranda terminates in front of the proposed billboard location. The intersection of Godfrey Road, Malone Road and the Kennedy Highway is a 100 kilometre per hour speed zone and is an area where motorists must have their full attention on the road and other vehicles. Establishing an advertising billboard in proximity to this intersection will distract motorists as the sole purpose of an advertising billboard is to attract the attention of passing traffic. The Department of Transport and Main Roads advises: "The location for the proposed billboard lies within a â&#x20AC;&#x153;Restriction Notice Areaâ&#x20AC;? (Roadside Advertising Guide Appendix C) due to its placement being in the vicinity of an intersection and a terminating lane. Advertising devices are not preferred in these areas and TMR would support Councilâ&#x20AC;&#x2122;s refusal of the application." The proposed billboard location conflicts with this policy statement.

(j)

the advertiser of an advertising billboard must maintain the advertising billboard in good order and repair; and Comment This requirement can be conditioned.

(k)

the advertiser of an advertising billboard installed on a State controlled road must produce documentary evidence of the approval of the State to the installation of the advertising billboard on the State controlled road on demand; and Comment

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The proposed billboard would be located on privately owned land, approximately 8 metres from the State controlled road reserve. (l)

an advertising billboard installed on a local government controlled area or road must not be attached to, or supported by, a tree, shrub or similar vegetation that is in its natural state (whether dead or alive); and Comment The proposed billboard would be located on privately owned land.

(m)

an advertising billboard must not be attached to local government or main roads infrastructure or sign; and Comment The proposed billboard would be located on privately owned land.

(n)

an advertising billboard must not be situated on the paved area of the road or on traffic islands; and Comment The proposed billboard would be located on privately owned land.

(o)

the advertiser of an advertising billboard must maintain a public liability insurance policy that complies with the local government's published standards for public liability insurance for advertising devices; and Comment The applicant has provided a copy of their current public liability insurance. This requirement would also be a condition of any approval.

(p)

an advertiser of an advertising billboard must produce documented evidence of public liability insurance mentioned in paragraph (o) to an authorised person upon request; and Comment This requirement can be conditioned as part of any approval.

(q)

the dimensions of the advertising billboard bear a reasonable relationship to the dimensions of surrounding buildings and allotments so that (i)

its presence is not unduly dominating or oppressive; and

(ii)

it does not unreasonably obstruct existing views; and

Comment

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The size of the proposed billboard is consistent with the relevant dimension criteria specified under the policy for the assessment of advertising billboards within the former Mareeba Shire. This stretch of the Kennedy Highway is identified as an appropriate area for advertising billboards not exceeding 6 metres by 3 metres. (r)

the advertising billboard is consistent, in colour and appearance, with buildings and natural features of the environment in which it is to be situated; and Comment The size of the proposed billboard is consistent with the relevant dimension criteria specified under the policy for the assessment of advertising billboards within the former Mareeba Shire. This stretch of the Kennedy Highway is identified as an appropriate area for advertising billboards not exceeding 6 metres by 3 metres.

(s)

the advertising billboard is in other respects consistent with the character and values of the environment in which it is to be situated. Comment The size of the proposed billboard is consistent with the relevant dimension criteria specified under the policy for the assessment of advertising billboards within the former Mareeba Shire. This stretch of the Kennedy Highway is identified as an appropriate area for advertising billboards not exceeding 6 metres by 3 metres.

The Policy for the assessment of advertising billboards within the former Mareeba Shire also establishes the following minimum provisions to demonstrate compliance with the Policy Statements: (i)

The advertising billboard must only be located in one of the following designated areas: Mareeba - As indicated on Plan No. AB-MAR • Kennedy Highway - Mareeba to Vicary Road • Kennedy Highway - Mareeba to Kay Road • Mulligan Highway - Mareeba to Hodzic Road • Mareeba-Dimbulah Road - Mareeba to Gorge Creek Comment The proposed billboard is within the Kennedy Highway - Mareeba to Kay Road section.

(ii)

The advertising billboard has a maximum single face area of 18 square metres and a maximum sign face width of 6 metres.

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Comment The proposed billboard would comply. Its proposed dimensions are 6 metres by 3 metres. (iii)

The advertising billboard must be sited a minimum of 500 metres from all existing advertising billboards. Comment The proposed billboard would be located approximately 360 metres from the closest billboard (Mareeba Industrial Park sign) on the subject land. Note: The Bellevue Estate real estate billboard at the intersection of Malone Road and the Kennedy Highway is not considered an 'advertising billboard' for the purpose of the local law. The proposed billboard does not comply.

(iv)

The advertising billboard is perpendicular to the abutting road. Comment The proposed billboard would comply.

(v)

The advertising billboard is of a shape, design and colour that is consistent with existing adjacent structures and streetscape. Comment The size of the proposed billboard is consistent with the relevant dimension criteria specified under the policy for the assessment of advertising billboards within the former Mareeba Shire. This stretch of the Kennedy Highway is identified as an appropriate area for advertising billboards not exceeding 6 metres by 3 metres. The proposed billboard will comply.

(vi)

The adverting billboard is located as close to the centre of the site frontage as is practicable. Comment The proposed billboard is generally consistent with this provision.

(vii) The number of sign faces per advertising billboard is no more than two. Comment The proposed billboard would comply.

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(viii) A minimum of $10,000,000 public liability insurance is obtained for the advertising billboard. Comment The proposed development can be conditioned to comply. (ix)

The location of the advertising billboard must be approved by the Department of Transport and Main Roads. Comment The location of the advertising billboard has not been approved by the Department of Transport and Main Roads. Whilst the Department has not explicitly directed Council to refuse the application, the Department states that they would support Council's refusal of the application due to the proximity of the intersection of Godfrey Road, Malone Road and the Kennedy Highway. The Department's advice is included as Attachment 2. The proposed billboard does not comply.

(x)

The advertising billboard is not illuminated. Comment The proposed billboard will not be illuminated.

FINANCIAL & RESOURCE IMPLICATIONS Capital NIL Operating NIL Is the expenditure noted above included in the 2014/2015 budget? NIL If not you must recommend how the budget can be amended to accommodate the expenditure NIL IMPLEMENTATION/COMMUNICATION NIL

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ATTACHMENTS 1. 2.

Advertising Sign Application - MDF Industries Pty Ltd Department of Transport and Main Roads email of 29 August 2014

Date Prepared:

10 September 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ITEM-5

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PIONEER NORTH QUEENSLAND PTY LTD - MATERIAL CHANGE OF USE - EXTRACTIVE INDUSTRY - LOTS 225 & 226 ON NR1877 - 383 PAGLIETTA ROAD, MAREEBA DA/14/0033

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

1 October 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Senior Planner Corporate and Community Services

DEPARTMENT:

APPLICATION DETAILS APPLICANT DATE LODGED

APPLICATION Pioneer North Queensland Pty Ltd 24 July 2014

ADDRESS RPD

PREMISES 383 Paglietta Road, Mareeba Lots 225 & 226 on NR1877

TYPE OF APPROVAL PROPOSED DEVELOPMENT

Development Permit

FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

DA/14/0033 AREA 93.28 hectares RPS Australia East Pty Ltd OWNER Gelmas Pty Ltd Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ATTACHMENTS:

Material Change of Use - Extractive Industry

Rural zone Impact Assessment Nil

1. 2.

Proposal Plan/s Referral Agency Response - Department of State Development, Infrastructure and Planning letter dated 7 August 2014

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.

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It has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and does not conflict with any relevant planning instrument. Draft conditions were provided to the Applicant care of their consultant and have been agreed. It is recommended that the application be approved in full with conditions.

OFFICER'S RECOMMENDATION 1.

That in relation to the following development application:

APPLICATION Pioneer North Queensland Pty Ltd DATE LODGED 24 July 2014 APPLICANT

TYPE OF APPROVAL PROPOSED DEVELOPMENT

ADDRESS RPD

PREMISES 383 Paglietta Road, Mareeba Lots 225 & 226 on NR1877

Development Permit Material Change of Use - Extractive Industry

and in accordance with the Sustainable Planning Act 2009, 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), concurrence agency conditions in (E), relevant period in (F), further permits in (G), and further approvals from Council listed in (H); 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 Extractive Industry

(B)

APPROVED PLANS: Plan/Document Number 9369-11

(C)

Plan/Document Title Indicative Site Plan Lots 225 & 226 on NR1877

Prepared by RPS

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme

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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: -

Wednesday 01 October 2014

found necessary by the 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.

Timing of Effect 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 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 the condition(s) of this approval.

3.2

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.

3.3

Hours of Operation All operations pursuant to the extractive industry, or in any way connected with the extractive industry will, for site operations and for removal of material, be limited to the hours between 7.00 am and 6.00 pm Mondays to Friday and 7:00am to 12:00 noon Saturdays (except Public Holidays), PROVIDED ALWAYS that the Council will have the right at any time, and from time to time, to fix other hours of operation, and upon the fixing of any such other hours of operation pursuant to the permit, or in any way connected therewith, the extractive industry will be limited to such other hours. The Applicant will not be allowed to conduct nor permit nor suffer to be conducted, any extractive industry operation nor run nor start any motors, machinery, or the like, nor remove any materials from the said land on any Sunday or Public Holiday, or at any time outside the hours mentioned or such other hours as will be fixed by Council.

3.4

The Applicant shall provide Council with records of quantities of material extracted from the site on a monthly basis.

3.5

Operations pursuant to the extractive industry must be carried out generally in accordance with the Integrated Environmental Management System submitted to Council. Page 99

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3.6

The applicant will be required to take every precaution to avoid spillage and any spillage which occurs on any public road, shall be removed at the end of each working day or within four (4) hours of any verbal requirement by Council's delegated officer.

3.7

The excavation of material will be required to be confined to the extractive industry area, subject to the conditions and requirements of the Council and/or other Authority and all operations will be carried out in such a manner that no erosion occurs in any adjoining or other land outside the extractive industry area.

3.8

The applicant shall ensure that no declared plants are transported from the site during the operation of the extractive industry.

3.9. Prevention of Environmental Harm 3.9.1 Prevent and /or minimise likelihood of environmental harm (a)

In carrying out the activity, the applicant must take all reasonable and practicable measures to prevent and/or to minimise the likelihood of environmental harm being caused. Any activity, that, if carried out incompetently, or negligently, may cause environmental harm, in a manner that could have been prevented, shall be carried out in a proper manner in accordance with the conditions of this approval.

(b)

NOTE: This approval authorises the activity. It does not authorise environmental harm unless a condition contained within this approval explicitly authorises that harm. Where there is no condition or the approval is silent on a matter, the lack of a condition or silence shall not be construed as authorising harm.

3.9.2 Dust Minimisation (a)

Stockpiling and all mechanical operations (including haul road) shall be so located and maintained as to prevent dust, sand or soil blowing onto a road or land that is not being used for the extractive industry.

(b)

The applicant must ensure that trucks hauling material are in a condition, which prevents the deposition of material on any sealed public road, prior to leaving the site.

(c)

The applicant must ensure trucks transporting material from the subject land are covered as soon as practicable after loading to prevent wind blown releases and spillage. The covering must be maintained until unloading the trucks.

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3.9.3 Waste Management (a)

Solid Waste All domestic and industrial solid waste shall be removed from the subject land and disposed of at a licensed landfill.

(b)

Liquid waste No oil, grease or solvents shall be discharged to waters. All waste grease, solvents and oil will be taken off the subject land for recycling, treatment or disposal at an approved facility.

3.9.4 Water Management (a)

Any wash waters must be directed to a sediment basin. This basin must be maintained in a condition which will ensure that all wash waters are contained within its banks.

(b)

Any erosion caused by the escape of wash waters must be managed immediately to prevent the creation of a wash out.

Where a sediment basin is to be installed it must be constructed and maintained to contain all run off. The size of the sediment basin must be sufficient to contain the run-off expected from a 24 hour storm with an average recurrence interval of 1 in 5 years.

(ii)

The sediment basin must be emptied of sediment as necessary to maintain the design capacity.

(iii)

Any sediment removed from a retention pond must be stored in a manner, which will prevent it from entering a watercourse.

3.9.5 Stormwater management (a)

Stormwater shall be diverted away from contaminated areas. Contaminants must not be directly or indirectly released from the subject land to any waters or the bed and banks of any waters. Stormwater silt traps shall be installed to prevent material entering watercourses or stormwater drains.

(b)

There must be no release of stormwater runoff that has been in contact with any contaminants at the site to any waters, watercourses or stormwater drains. The applicant must prevent the release of sediment to waters or a build up of sediment in any stormwater drain. Storm water shall be managed in a manner, which will prevent erosion. Page 101

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Infrastructure Services and Standards 4.1

Access The existing extractive industry access must be maintained (from the edge of the road pavement to the property boundary) for the life of the extractive industry, in accordance with the FNQROC Development Manual, to the satisfaction of Council's delegated officer.

Additional Payment Condition (section 650 of the Sustainable Planning Act 2009) Access to the site is via Paglietta Road. Paglietta Road is constructed to bitumen sealed standard from Chewko Road to the subject land. The width of pavement varies and is generally less than 6.5 metres. 5.1.1 In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, the applicant shall contribute $84,672.00 for each 48,000 tonnes of material extracted towards the upgrading of Paglietta Road. The contributions are to be paid within thirty (30) days of every 48,000 tonne amount being extracted from the site or by twelve (12) equal monthly installments of $7,056.00 or an adjusted monthly installment based on the quantum of material being extracted from the site. 5.1.2 The additional payment here applies for material change of use. As such the additional payment becomes payable when the change happens. 5.1.3 Instead of making the additional payment required under 5.1.1, the applicant may widen Paglietta Road between Chewko Road and the entrance into the extractive industry to a bitumen seal width of 6.5 metres, in accordance with Rural Road (Class 100-999 Table D1.4) of the Mareeba Shire Planning Policy No. 4 - Development Manual, to the satisfaction of Council's delegated officer. Prior to works commencing, plans for the works described above must be approved as part of an Operational Works application. Should the applicant choose to construct these works, the works must be completed within six (6) months of the day the material change of use happens.

(D)

ASSESSMENT MANAGERâ&#x20AC;&#x2122;S ADVICE (a)

Compliance with applicable codes/policies The development must be carried out to ensure compliance with the provisions of Councilâ&#x20AC;&#x2122;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.

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(b)

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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.

(c)

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.

(E)

CONCURRENCE AGENCY CONDITIONS Department of State Development, Infrastructure and Planning (no requirements) response dated 7 August 2014.

(F)

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

(G)

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS •

(H)

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

Nil

OTHER APPROVALS REQUIRED FROM COUNCIL •

Nil

THE SITE The subject land is located off Paglietta Road, approximately 10 km south-west of Mareeba, and is described as Lots 225 and 226 on NR1877. Lot 225 on NR1877 comprises a total area of 42.897 hectares and Lot 226 on NR1877 comprises a total area of 50.383 hectares. Lots 225 and 226 are relatively flat and have been used in part for the extraction of fine sand in accordance with Development Approval MCU/07/0022 granted in relation to the land in 2007/08.

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Prior to the commencement of extractive industry operations in 2008, the subject land was used for agriculture and was extensively cleared of vegetation to accommodate this use. Lot 226 contains a single house, several farm sheds and buildings which are located in close proximity to each other. Access to the site is obtained directly off Paglietta Road which is bitumen sealed back to Chewko Road. A condition attached to Development Approval MCU/07/0022 required the applicant to widen most corners on Paglietta Road prior to the commencement of extraction operations. These works were completed in accordance with the condition. The subject land has frontage to Granite Creek and Nicotine Creek. Granite Gorge Nature Park is located directly to the north of the subject land. The previous extractive industry application attracted 27 submissions opposed to the extractive industry primarily due to concerns regarding the impacts on local tourism/environmental values and the safety of Paglietta Road. It is noteworthy that no complaints have been received regarding the actual extractive industry operations and that no submissions were received in relation to this further development application. Land situated immediately to the east of the subject land also has an approved extractive industry in operation.

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Google Maps imagery. Page 105

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BACKGROUND AND CONTEXT NIL

PREVIOUS APPLICATIONS & APPROVALS Council at its General Meeting held on 15 January 2008 resolved to issue a Development Permit for the Application for Material Change of Use made by C & B Consultants Pty Ltd acting on behalf of Pioneer North Queensland Pty Ltd, for approval to operate an extractive industry on land described as Lot 225 & 226 on NR1877, Parish of Tinaroo, situated on Paglietta Road, Mareeba as indicated on Drawing No C06-037-04. The approval was granted subject to conditions, including the upgrading of Paglietta Road. In March 2008, Pioneer North Queensland Pty Ltd made representations to Council in relation to Condition 6 (hours of operation) and Condition 15 (external roadworks) and sought a negotiated decision notice. Council at its Ordinary meeting of 4 March 2008 refused the request for a negotiate decision notice. On 12 March 2008, Pioneer North Queensland Pty Ltd lodged an appeal in the Planning and Environment Court (Appeal No. 55 of 2008). The appeal was settled by consent order on 20 August 2008 and the extractive industry has been undertaken on the subject land since that time. In April 2014, the applicant filed Originating Application No 59 of 2014 with the Planning and Environment Court seeking a change to Development Approval MCU/07/0022 to allow extraction to continue between the areas of Stage 1 and Stage 2. Council and the State referral agencies offered no objection to the proposed change. At the Court hearing, the Court ruled that it was not satisfied that a person would not object to the inclusion of the additional area and denied the applicant's requested change. This application seeks a new development approval over the area of the previously proposed change. Despite the Court's concerns, no objections were received.

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use Extractive Industry in accordance with the plans shown in Attachment 1. The applicant proposes to extract a maximum of 48,000 tonnes of sand per year from a total area of approximately 17 hectares which is indicated as the Balance Sand Extraction Area on Drawing No 9369-11. A description of the extraction process is provided below:

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Prior to Extraction Prior to extraction, topsoil within the proposed extractive area is to be stripped and stacked into berms of no more than two metres in height for later use in site rehabilitation. Topsoil berms will also direct/contain any storm water within the extraction area. A sediment basin is to be positioned on the northern point of the proposed extraction area. Extraction Extraction will commence from the point of lowest elevation in the north of the site and continue to higher elevations in the west/southwest. A sediment basin will be formed in the north as a result of initial sand extraction. The sediment basin will remain the lowest point to which runoff from the main extractive area will flow naturally and/or be directed as needed. The sand resource is to be extracted to an approximate depth of between 0.5 and 1.5 metres depending on the availability of the resource and seasonal fluctuations in water table height. Clean waters will be diverted around the extraction area and dispersed via surface level spreaders. The sand is to be screened and stockpiled on site for distribution throughout Far North Queensland. Stockpiles will be located up-gradient of the sediment basin and in close proximity to the haul route. The stockpiles will drain internally into the sediment basin. Vehicle maintenance will be undertaken offsite in a mechanical workshop (with the exception of mechanical breakdowns, which may need to be repaired on site). Extraction operations are intended to commence following the issue of the development approval. At the end of the seasonal extraction period, exposed soil will be seeded with fast growing grasses to prevent erosion and dust nuisances. Proposed hours of operation and the distribution of material are 7am to 6pm Monday to Saturday. Equipment to be used on the extraction site includes: • • • •

Front End Loader; Dry sand screening machine; Semi Tipper Trucks; and Other contractor trucks as required.

Post Extraction Extracted material will be transported off-site via Paglietta Road and Chewko Road and distributed throughout the region. Page 107

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On completion of extraction of each stage, the topsoil will be replaced and seeded with pasture species to establish a vegetative cover. The site will be utilised for further agricultural production following completion of extraction operations.

Wetland Area of General Ecological Significance

•

Terrestrial Area of General Ecological Significance

Both of these areas are outside the extraction footprint.

PLANNING SCHEME DESIGNATIONS Strategic Framework designation:

Mareeba Dimbulah Irrigation Area

Zone:

Rural zone

Overlays

Natural & Cultural Heritage Features Overlay Natural Disaster Bushfire Overlay Airport & Aviation Facilities Overlay

Planning Scheme Definitions The proposed use is defined as:Extractive industry means any industry involving and consisting of the extraction or quarrying of sand, gravel, rock, soil, stone and the like from the land. The term includes the primary treatment and storage of such material when carried out on the same site as the use. The term does not include: (a) (b) (c)

the removal of material outlined in Chapter 11 Part 2, Section 656 of the Local Government Act, as amended; a mine as defined in the Mineral resources Act; the removal of material with or as a consequence of: (i) (ii) (iii)

an approval to subdivide land and to open a new road in accordance with that approval; an approval in accordance with the Building Act, where such works comply with that approval; works associated with farming practices where the amount of material extracted does not exceed 200 cubic metres per annum.

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RELEVANT 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: DRO 2.5 Extractive Industries and Mineral Resources Land Use Policy 2.5.1

2.5.2

Complies

Comments

Key resource areas and associated transport infrastructure are protected in accordance with State Planning Policy 2/07.

The subject land is located within Key Resource Area 151.

Extractive industries avoid loss or degradation of environmental values. Where loss cannot be avoided, impacts are minimised and mitigated.

Chewko Road is one of the identified haul routes for KRA 151. The subject land has been cleared of vegetation for previous agricultural uses and the proposed extraction will not result in additional clearing. Stormwater detention/diversion measure will be implemented during the life of the extractive industry.

2.5.3

Where extractive resources are removed from agricultural areas, the impacts of extractive activities on primary industries should be minimised and locations rehabilitated where appropriate for agricultural use.

Upon completion of extraction, the removed topsoil will be spread over the subject land and it will be returned to agricultural use. This method of rehabilitation has been successfully demonstrated on land neighbouring the subject site (Senport Pty Ltd extractive industry)

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

(b)

Complies

Comments

Stormwater detention/diversion measure will be implemented during the life of the extractive industry.

State Planning Policy

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This officer has conducted an assessment of the proposed development against the provisions contained within the SPP and it is not considered to be in conflict with any relevant aspect of the SPP. Queensland State Planning Policy - December 2013 State Interest Mining and extractive resources

Complies

(1) the development ensures that: (a) for development within a resource/processing area for a KRA â&#x20AC;&#x201C; the undertaking of an existing or future extractive industry development is not significantly impeded, and

For extractive resources (1)

Assessment Requirements & Comments

a development application for: (a) reconfiguring a lot within a KRA, or

(b) sensitive land uses are avoided within the separation area for a resource/processing area of a KRA, and (c) for development within the transport route separation area of a KRA â&#x20AC;&#x201C; the number of residents adversely affected by noise, dust and vibration generated by the haulage of extractive materials along the route does not increase, and (d) for development adjacent to the transport route â&#x20AC;&#x201C; the safe and efficient use of the transport route by vehicles transporting extractive resources is not adversely affected. Comment The subject land and Paglietta Road are included in the Resource/Processing Area of Key Resource Area 151 and Chewko Road (heading to Mareeba) is identified as a Transport Route for the same KRA. The proposed development is consistent with this aspect of the SPP.

Biodiversity

Development:

A development application where the land relates to a matter of state environmental significance, if the application is for:

(1) identifies any potential significant adverse environmental impacts on matters of state environmental significance, and

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â&#x20AC;˘

Wetland Area of General Ecological Significance

â&#x20AC;˘

Terrestrial Area Significance

General

Ecological

Both of these areas are outside the extraction footprint.

Natural hazards

For all 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

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 Apart from a narrow strip adjacent to Granite Creek, and Nicotine Creek, the land is not identified as being at risk from flooding or landslide. The subject land is mapped as a mixture of low and medium bushfire hazard area. The proposed extractive industry falls within the area of low hazard.

(c)

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

Relevant Desired Environmental Outcomes DEO (a)

Complies

Comments

Granite Gorge is located approximately 400 metres downstream from the subject land. Whilst the adjoining land (Granite Gorge) is mapped as essential habitat for the Rock Wallaby, the proposed extraction area is not.

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.

The previous extraction has not adversely impacted on these values and it is expected that the proposed extraction will not adversely impact either. Page 111

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(b)

The values of significant cultural heritage features and heritage conservation, the components of which include aesthetic, architectural, historic, social or spiritual significance are conserved and protected.

The proposed development is not expected to impact on any significant heritage features.

(c)

Earth berms will be placed around the extraction site to minimise noise and dust impacts. Approximately 350 metres of remnant vegetation remains between closest dwelling and extraction area. This distance is an increase from the previous 100 metre separation distance which existed for the Stage 1 extraction area. The subject site does not contain any significant vegetation within the balance area proposed for extraction due to past agricultural activities. An Integrated Environmental Management System (IEMS) has been prepared in support of the proposed sand extraction operations to regulate activities on the site to ensure that environmental impacts are minimised.

(d)

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

The subject land is mapped as Good Quality Agricultural Land under the Planning Scheme. The land will be rehabilitated for agricultural use following the completion of extraction. The removal of the sandy upper layers of the soil horizon are expected to improve the agriculture productivity of the site.

(e)

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

The proposed development encourages the continuation of the existing extractive industry operations in the locality.

(i)

The efficient use, extension and safe operation of infrastructure are maximised, including roads, rail, aerodromes, water and sewerage systems.

The proposed development intends to use Paglietta Road and Chewko Road as the haul route. Both roads are identified as Heavy Vehicle Routes on Planning Scheme Map No R2.

(q)

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

It is expected that the removal of the sandy upper layers of the soil horizon are expected to improve the long term agriculture productivity of the site.

(r)

The identification and protection of the amenity of noise sensitive development and liveability of residential areas.

Earth berms will be placed around the extraction site to minimise noise impacts. Approximately 350 metres of remnant vegetation remains between closest dwelling and extraction area. This distance is an increase from the previous

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100 metre separation distance which existed for the Stage 1 extraction area. The previous extractive industry operations on this site have not resulted in noise nuisance complaints. No submissions were received during the public notification of this development application. (t)

The protection of exiting heavy vehicle routes as shown on Maps R1 and R2 and existing and proposed extraction haulage routes from incompatible land use.

The proposed development intends to use Paglietta Road and Chewko Road as the haul route. Both roads are identified as Heavy Vehicle Routes on Planning Scheme Map No R2.

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 2 Part 5, Division 8 Part 6, Division 8

Rural Zone Code Natural and Cultural Heritage Features Overlay Code Natural Disaster - Bushfire Overlay Code Extractive Industry Code

Comments The application complies with applicable acceptable/probable solutions/performance criteria apart from the following:

4.79 S1, PS1.1

Refer to planning discussion section of report. Natural and Cultural Heritage Features Overlay Code Airport and Aviation Facilities Overlay Code Natural Disaster Bushfire Overlay Code Extractive Industry Code

The application complies with applicable acceptable/probable solutions/performance criteria. The application complies with applicable acceptable/probable solutions/performance criteria. The application complies with applicable acceptable/probable solutions/performance criteria. The application complies with applicable acceptable/probable solutions/performance criteria.

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Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application: No. 4 - Development Manual All development works are required to be designed and constructed in accordance with FNQROC Development Manual standards. (f)

Additional Trunk Infrastructure Condition - Road Infrastructure (Section 650 of SPA)

The subject land is located outside the identified Priority Infrastructure Area. Section 650 of SPA allows Council to condition additional trunk infrastructure outside the PIA. Access to the site is via Paglietta Road. Paglietta Road is constructed to bitumen sealed standard from Chewko Road to the subject land. The width of pavement varies and is generally less than 6.5 metres. The following additional payment condition has been agreed with the applicant: 5.1.1 In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, the applicant shall contribute $84,672.00 for each 48,000 tonnes of material extracted towards the upgrading of Paglietta Road. The contributions are to be paid within thirty (30) days of every 48,000 tonne amount being extracted from the site or by twelve (12) equal monthly installments of $7,056.00 or an adjusted monthly installment based on the quantum of material being extracted from the site. 5.1.2 The additional payment here applies for material change of use. As such the additional payment becomes payable when the change happens. 5.1.3 Instead of making the additional payment required under 5.1.1, the applicant may widen Paglietta Road between Chewko Road and the entrance into the extractive industry to a bitumen seal width of 6.5 metres, in accordance with Rural Road (Class 100-999 Table D1.4) of the Mareeba Shire Planning Policy No. 4 - Development Manual, to the satisfaction of Council's delegated officer. Prior to works commencing, plans for the works described above must be approved as part of an Operational Works application. Should the applicant choose to construct these works, the works must be completed within six (6) months of the day the material change of use happens. This condition carries forward the existing infrastructure charging arrangement in place for Development Approval MCU/07/0022.

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REFERRALS Concurrence The application triggered referral to the Department of State Development, Infrastructure and Planning as a Concurrence Agency for State controlled road matters. That Department advised in a letter dated 7 August 2014 that they have no requirements for the proposed development (Attachment 2). Unlike previous applications for similarly sized extractive industries (5,000 tonnes to 100,000 tonnes per annum), the environmentally relevant activity aspect of this development will be managed by the Department of Environment and Heritage Protection (DEHP) through a separate application process. Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Engineering PUBLIC NOTIFICATION The development proposal was placed on public notification from 18 August 2014 to 9 September 2014. The applicant submitted the notice of compliance on 10 September 2014 advising that the public notification requirements were carried out in accordance with the requirements of the Act. No submissions were received. PLANNING DISCUSSION Minor noncompliance with the relevant acceptable solutions or solutions/performance criteria of the following Codes are summarised as follows:

probable

Rural Zone Code 4.79 Gravel pits, resource reserves and mining leases S1

The continuing or new use of gravel pits, resource reserves, mining lease areas and other areas of mineral interests identified on Maps M1 to M5 is not significantly constrained by the siting of incompatible uses or works. PS1.1

New dwelling houses and tourist facilities (not located on the same site as the mining interest) are not constructed within 500 metres of Mining Interests identified on Maps M1 to M5; and

Comment

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The closest dwelling house to the extraction area is located approximately 350 metres to the north-east. Whilst this is within the 500 metre separation buffer envisaged by PS1.1, 350 metres is an increase from the previous 100 metre separation distance which existed for the Stage 1 extraction area. The previous extractive industry operations on this site have not resulted in noise nuisance complaints. Earth berms will be placed around the extraction site to further minimise noise impacts. No submissions were received during the public notification of this development application. The proposed development satisfies Specific Outcome 4.79 S1. Date Prepared:

16 September 2014

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3574737)

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ATTACHMENT 2

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GRANTS AND CORPORATE AND COMMUNITY PLANNING ITEM-6

AERODROME LEASES OF SITES R, P AND S

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

3 October 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Senior Land and Facilities Officer DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY At TRC Ordinary Council meeting of the 4 April 2013 it awarded leases of sites R, P and S following a tender process. However, the successful tenderer for site "S" later advised Council that he did not want to proceed with the lease so the successful tenderer of site "R" was offered site "S". Site "R" then became available and as the leases had already been to tender, Lease site "R" was awarded to Mr Peter Mitchell but this action has not been confirmed by Council. OFFICER'S RECOMMENDATION "That Council approves the lease of site R at the Mareeba Aerodrome to Mr Peter Mitchell at the successful tendered price received in the original tender process and as per the conditions contained in the report of the 4 April 2013 and endorsed by Council at that time." BACKGROUND A copy of the Confidential Report to TRC Council on the 4 April 2013 is attached for reference. This report was prepared by the then Aerodrome Reporting Officer Mr Doug Stott who terminated employment with TRC soon after this. He was replaced on a temporary basis by Mr Ron Walmsley who continued as Aerodrome Reporting Officer until the 8 August 2013. With the pending de-amalgamation of Council's it was determined not to appoint a replacement as the splitting of the aerodrome functions would not have warranted a full time reporting officer in both Councils. The leases administration was further held up as TRC Council had to approve funding to provide services to the new site "S" which consequently, held up the release of site "R" and the report to Council to formalise the lease to Peter Mitchell. Mr Mitchell will develop the site as an aircraft refurbishment facility as per his Expression of Interest letter attached. DE-AMALGAMATION ISSUES Nil

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LINK TO CORPORATE PLAN

Econ 2

In partnership with local business, industry groups and economic and regional development organisations, continue to develop strategies to assist, strengthen, develop and promote existing and new businesses and industries.

CONSULTATION Internal Glenys Pilat - Manager Community Well Being Jennifer McCarthy - General Manager Corporate & Community Services External Peter Mitchell proposed lessee site "R" LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating $4,500.00 ex Gst will be received in rentals per annum. Is the expenditure noted above included in the 2013/2014 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION Chief Executive Officer to sign lease document and leasing officer to arrange registration with Titles. Accounts receivable to be advised to create recurring rental invoice. ATTACHMENTS 1.

DWS Doc. No. 2696008 Report to Council 4 April 2013

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DWS Doc No. 2856871 EOI Peter Mitchell

Date Prepared:

19/9/2014

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ITEM-7

Wednesday 01 October 2014

REGIONAL ARTS DEVELOPMENT FUNDING MAREEBA SHIRE COUNCIL FOR 2014 / 2015

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

01 October 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Community Development Officer DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Arts Queensland has advised they will be reducing their funding of the Regional Arts Development Fund (RADF) to the Mareeba Shire Council for 2014-2015 from $30,000 to $23,000. As a result of this, Council has the option to also reduce the amount of funding to the program from $12,857 to $9,857. The total RADF projects completed from the Mareeba Shire over the last 5 years have previously averaged approximately $35,000 per annum. If Council maintained current funding levels this will allow Council to continue to meet the projected demands of the program and contribute to enhancing the cultural vibrancy and liveability of communities in the shire. OFFICER'S RECOMMENDATION "That Council: 1.

Recognise and value the contribution of artists to our region and continue to support the Regional Arts Development Fund by maintaining the contribution of $12,857 for the 2014- 2015 financial year.

Write to Arts Queensland expressing disappointment and concern at the reduction in RADF funds for the shire."

BACKGROUND Arts Queensland has advised, due to the overall requests for RADF funding being much greater than the amount available not all Councils received the full amount requested. Being a new Council, Mareeba Shire was allocated $7,000 less than requested. Council is required to contribute a minimum of 30% of all funds allocated to RADF. Council should note that the Mareeba Shire and in particular Kuranda, have a large population of artists. Kuranda's population only represents 2% of the Far North Queensland population but it is home to 16% of the region's artists. Round One of RADF has been advertised for applicants and closes 30 October 2014. is for projects commencing after 1 January 2015.

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The table below indicates the original budget, the new minimum requirement and the recommendation for council funding to the 2014 -2015 RADF program: Arts Queensland MSC Total Contribution 70% Contribution Minimum of 30% required RADF $30,000 $12,857 $42,857

Original budget Revised minimum required Recommended budget

$23,000

$9,857

$32,857

$23,000

$12,857

$35,857

Considering that program demands in the Mareeba Shire area over the past 5 years averaged $35,000/annum, it is recommended that the current contribution of $12,857 be maintained to provide a total annual RADF budget of $35,857. The RADF Committee is very concerned with the reduction in funds from Arts Queensland for RADF in the Mareeba Shire. The Committee requests that Council write to Arts Queensland expressing their disappointment and concern about the impact that this will have on arts and cultural development in the shire. LINK TO CORPORATE PLAN Outcome â&#x20AC;&#x201C; Quality of Living - A community that supports equity and inclusiveness enabling all people to participate in regional events, cultural activities and celebrations. CONSULTATION Internal RADF committee External Gillian Gardiner - Arts Queensland Regional Director LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil

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Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Yes - in original RADF 2014/15 budget If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION Nil Date Prepared:

17 September 2014

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INFORMATION SYSTEMS AND CUSTOMER SERVICE ITEM-8

AFRICAN MAHOGANY TREES CAUSING DAMAGE AT MAREEBA NEW CEMETERY

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

1October 2014

REPORT OFFICER’S TITLE: Cemeteries Officer, Shellina McKellar DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY A number of African Mahogany trees are causing damage to memorials at the Mareeba Cemetery. OFFICER'S RECOMMENDATION "That Council attempt to install root barriers around the trees identified as causing damage to memorials at the Mareeba Cemetery." BACKGROUND Council has received a customer request in regards to tree roots damaging structures at the Mareeba cemetery. The trees are commonly known as African Mahogany and have a shallow invasive root system which is currently causing damage to structures which include memorials. The customer request was investigated and upon inspection of the trees, it was found that approximately 30 African Mahogany trees in the cemetery have damaged (or have the potential to damage) surrounding structures. The Parks and Gardens Co-ordinator conducted an investigation in late July and advised the following: • At least 8 trees (Khaya seegalensis - African mahogany) have damaged grave sites; • There is no room between the tree trunk and grave structures to install a root barrier, to prevent further root invasion; • The root invasion will increase in severity over time, as will the damage (lifting and cracking); • The trees also have a reputation of failing as they become larger from too much canopy weight (falling over). Although the African Mahogany trees are of grandeur and beauty, this species is not suitable for placement within close proximity to structures. During the Council workshop held on Wednesday 17 September 2014, the following options were discussed during a visit to the Mareeba Cemetery: Page 135

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• • • •

Wednesday 01 October 2014

Remove all trees of this species Remove only the trees currently causing damage Attempt to install root barriers (taking into consideration this process may either kill the tree or make it become unstable) Do nothing.

As the trees provide shade to visitors to the cemetery, it was indicated at the workshop held on 17 September 2014, that Council's preference is that installation of root barriers to the trees identified as causing damage be attempted rather than removal of the trees. After consultation with the relevant Council departments, the method of installing the root barriers will be in a V shape due to the close proximity of the grave. This method involves the cutting of a large percentage of the root system so Council will also need to trim the canopy to try to minimise the instability of the tree. LINK TO CORPORATE PLAN N/A CONSULTATION Internal Shellina McKellar Mara Rooks Roy Ladner Shane Bisseker Andrew Davis Andrew Foster External Contractors LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Approximately $5,000.00

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Is the expenditure noted above included in the 2014/2015 budget? No If not you must recommend how the budget can be amended to accommodate the expenditure It will be considered for inclusion in the 3 month review.

IMPLEMENTATION/COMMUNICATION N/A ATTACHMENTS Date Prepared:

23 September 2014

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INFRASTRUCTURE SERVICES TECHNICAL SERVICES ITEM-9

TRAFFIC ADVISORY COMMITTEE MEETING HELD 16 SEPTEMBER 2014

MINUTES

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

1 October 2014

REPORT OFFICER’S TITLE: Director Infrastructure Services DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY Minutes of the Mareeba Shire Council Traffic Advisory Committee Meeting held on Tuesday, 16 September 2014 are presented for Council’s information. The action items presented in the minutes of the Traffic Advisory Committee (TAC) are recommendations to Council. Council's endorsement or contrary view of the recommendations is required. OFFICER'S RECOMMENDATION "That Council notes the TAC meeting minutes of 16 September 2014, and resolves to: 1. In respect to Item 13.09-18, write to Queensland Rail following up on Council's initial letter of 16 December 2013 regarding open level crossing safety issues ie insufficient queuing distance between the rail line and the Burke Developmental Road; 2. In respect to Item 14.09-04, write to Coles informing them of concerns raised over the safety of pedestrians stepping out from behind trucks that are waiting to unload; 3. In respect to Item 14.09-07, relocate the "No Standing" signs erected on Anzac Avenue at Savannah Lifestyle Resort allowing parallel parking at an appropriate distance on either side of the driveway. BACKGROUND The Traffic Advisory Committees (TAC) is a consultative committee of Council established to raise community and other representative body concerns in relation to traffic conditions with Council and the Department of Transport and Main Roads.

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CONSULTATION Internal Nil External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Internal resources for investigation and follow up actions. Is the expenditure noted above included in the 2014/2015 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION

ATTACHMENTS 1.

Minutes of the Mareeba Shire Council Traffic Advisory Committee Meeting held 16 September 2014

Date Prepared:

19 September 2014

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ITEM-10

Wednesday 01 October 2014

WOLFRAM ROAD, DIMBULAH - PROVISION OF LEGAL AND PRACTICAL ACCESS TO TREVISIN PROPERTY (LOT 14 ON HG72, PARISH OF LEADINGHAM)

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

1 October 2014

REPORT OFFICER’S TITLE: Manager Technical Services DEPARTMENT:

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY The property owners of Lot 14 on HG72 requested assistance from Council in finding a solution to create legal and practical access to their property from Wolfram Road. Previously access to Lot 14 had been through an adjacent property Lot 13 on HG72 within the confines of an unregistered (private) neighbourhood agreement. This agreement has now ceased. Existing physical access to Lot 14 is via Favaro Road at the northern end of Lot 13 (also providing access to Lot 185 on HG605) however it does not provide all-weather access to the residence due to flooding in a watercourse on Lot 14. In the first step to provide a road reserve and all weather access to Lot 14, Council proceeded with the compulsory acquisition of a triangle parcel of land from Lot 13 to align the existing road reserves. The area was nominally calculated on paper as 3,050m², however after the on ground survey was completed the actual area was 3,128m². Now that the road reserves are aligned a further 2,300m2 needs to be acquired from Lot 13 to provide more direct all weather access from Wolfram Road to Lot 14. The primary purpose of this report is to ask Council whether it wishes to do proceed with this option or investigate alternate solutions. Accordingly Council is now presented with three (3) options for consideration. These are: •

continue with the acquisition of a further 2,300m² (approx.) of land from the owner of Lot 13. As the owner has indicated that he will not agree to this proposal, compulsory acquisition will be necessary; or

•

discontinue the further acquisition of land on Lot 13 and give approval (should it be requested) to the owner of Lot 14 to construct a road on the existing road reserve to the current FNQROC standard. This option will necessitate the removal of mango trees and irrigation placed on the road reserve through Lot 13, or;

•

discontinue the further acquisition of land on Lot 13 and advise the owners of Lot 14 to access their property via Favaro Road.

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OFFICER'S RECOMMENDATION "That Council resolves to: 1. not proceed with the compulsory acquisition of a further 2,300m² within Lot 13; 2. pay for the legal and compensation costs for the previously acquired 3,128m²; 3. approve the closure of a portion of the road reserve as requested by the owner of Lot 13 (Julatten Properties) as detailed in a letter from Apels Solicitors dated 10 March 2014; 4. Advise the owner of Lot 14 (Mr and Mrs Trevisin) that should they wish to construct a road within the existing road reserve through Lot 13 then they should make formal application to Council." BACKGROUND There is a long and extensive history dealing with the above access dating from the mid 1970’s when the owners of Lots 13 and 14 agreed to formally apply to open the road reserve in association with the proposed closure of the existing 20m road reserve through Lot 13. This outcome in 1977 saw provision of a registered plan of survey (Plan HG603 attached) which intended the creation of a new road opening and road closures. Unfortunately, for reasons unknown, the road opening and closure actions were never completed by the Department of Environment and Resource Management, and the situation remains unresolved. The registered Survey Plan, HG603, is by default out dated and is not a sufficient article on which to define any new road dealings. Council decided to revisit the opening of a road reserve as detailed on original plan HG603, however after receiving legal advice, only proceeded with a partial opening to align existing road reserves. Consequently Council served notice of its intention to resume a portion of the subject land and as the owner of Lot 13 was not agreeable, an Objection Hearing was held. The basis for the objection to the resumption was founded on the belief by owner of the subject land that the road reserve that presently dissects Lot 13 on HG72 is not required now or in the future, as access to individual land titles that may be advantaged by this potential route exists by alternate means. The objection was over ruled and Council proceeded with the acquisition of the 3,050m² triangle shaped section of land from Lot 13 to align the existing road reserves. While the road reserves are now aligned, a formed road does not exist due mainly to the encroachment of the mango orchard owned by Lot 13 on the existing road reserves, therefore the owner of Lot 14 continues to access his property from Favaro Road. He advises that while this is possible during the dry season, the current route from the end of Favaro Road through his property is impassable during flood events. Should Council wish to progress this matter further three options are presented for its consideration: 1.

Continue with the land resumption of a further 2,300m2 (approx.), pay for the legal and compensation costs for this and the previously acquired 3,128m² and approve the closure of a portion of the surplus road reserve as requested by the owner of Page 150

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Lot 13 (letter from Apels Solicitors 10 March 2014). This would be in accordance with the original intent of the 1977 Plan of Survey HG603 to line up the road reserves and provide direct access to Lot 14 through Lot 13. However Council should be aware that advice previously received from Solicitors Lilley Grose & Long states that, while the compulsory acquisition of the 3,050m² (actual 3,128m²) was entirely reasonable the further acquisition of 2,300m² is less defensible and should be abandoned. This resulted in a report to Council on 6 September 2012 where Council resolved to exclude the acquisition of the 2,300m² but to continue with the 3,050m² portion. Also in a Supreme Court ruling between the two parties on 9 November 2012 it was found that the Trevisins (Lot 14) "...have no lawful right to use the road they have been using" through Lot 13 as the access via the " No Name Road (Favaro Road) would provide appropriate, affordable, all-weather access". A copy of the Supreme Court Judgment is attached as Item 8 of the attachments. For the reasons listed above, it is not recommended that this option be pursued as it will most likely lead to a very expensive legal battle, where there is a high probability of Council being unsuccessful and having to meet legal and court costs for both parties. 2.

Council not proceed with the acquisition of a further 2,300m², however give approval for the Trevisins to construct a road to FNQROC standard on the existing road reserve through Lot 13. This could be quite a controversial move as the trees are well established with associated irrigation infrastructure in place. It should be noted that as the road reserve was never utlilised as a road it has been continuously used for agricultural purposes.

Council does not proceed with this matter and advise the owner of Lot 14 to continue to access his property via the Unnamed Road (Favaro Road). This may not be an ideal solution as although this road serves as the access to Lot 185 to the north of Lot 14 the road can be subject to flooding (in the order of 1-3 times a year).

LINK TO CORPORATE PLAN ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community. CONSULTATION Internal Manager Technical Services Senior Planner External DERM Land Administration Officer Apels Solicitors Preston Law Page 151

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LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) The Acquisition of Land Act 1967 is the legislation applicable should Council resolve to proceed to compulsorily acquire the necessary land. Should Council proceed with the acquisition of land it could set a precedent for future involvement by Council in what should be civil matters. POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital The owner of Lot 13 HG72 will be entitled to compensation for the diminution in value of his property. Operating Nil Is the expenditure noted above included in the 2014/2015 budget? No, the compensation sum is yet to be determined. If not you must recommend how the budget can be amended to accommodate the expenditure The funds required will be allocated at the next budget review. IMPLEMENTATION/COMMUNICATION Following publication of Council minutes prepare and send communication to the Department of Environment and Resource Management advising of Councilâ&#x20AC;&#x2122;s decision. ATTACHMENTS 1. 2. 3. 4. 5. 6. 7.

Letter from Apels Solicitors dated 12 June 2014 objecting to proposal; MSC Solicitor's letter and plan dated 26 May 2014; Letter from Apels Solicitors dated 10 March 2014 requesting compensation; Survey Plan HG603; Option 1: To Access Lot 14 HG72 via the Acquisition of Land; Option 2: To Access Lot 14 HG72 via the Unused Road Reserve through Lot 13, removing Julatten Developments' Mango Trees; Option 3: To Access Lot 14 HG72 via a Private Road Connecting to the Unnamed Road off Favaro Road.

Date Prepared:

19 September 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 Option 1: To access Lot 14 HG via the acquisition of land

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Wednesday 01 October 2014

Attachment 6 Option 2. to access Lot 14 HG72 via the unused road reserve through lot 13, removing Julatten Development's mango trees

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Attachment 7 Option 3: To access Lot 14 HG72 via a private road connecting to the unnamed road off Favaro Road

In this option, it is suggested that the owner of Lot 14 re-route and improve his access track to make it all-weather.

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Attachment 8

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ITEM-11

Wednesday 01 October 2014

PROPOSED REPLACEMENT OF EXISTING FOOTPATH AND DRIVEWAY ACCESSES IN FRONT OF LOT 514 ON M3563 AND LOT 1 ON RP700535 - WALSH STREET, MAREEBA

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

1 October 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Coordinator Technical Services DEPARTMENT:

Infrastructure Services, Technical Services

EXECUTIVE SUMMARY Tallast Pty Ltd is proposing to extend the current IGA Car Park into Lot 1 and 2 on RP715323 and Lot 2 on RP700535, situated at 158-160 Walsh Street, Mareeba. Part of the Council conditions is that this development includes frontage work, which includes a footpath of 2.0m minimum width and reconstruction of existing driveway accesses along the full Walsh Street frontage of the subject land. This will leave a remaining existing section of footpath to the frontage of Lot 514 on M3563 and Lot 1 on RP700535 as shown on the attached plan. Tallast Pty Ltd have suggested to Council that they extend the construction of the footpath in their development at 158-160 Walsh Street, to also include the replacement of the remaining existing section of footpath and two (2) existing driveway accesses to the frontage of Lot 514 on M3563 and Lot 1 on RP700535 at a $20,000 cost to Council. OFFICER'S RECOMMENDATION "That Council approve the estimated cost and authorise the release of funds from Developer Contributions, for Tallast Pty Ltd to engage their developer to include the replacement of the remaining existing section of footpath works and driveway accesses to the frontage of Lot 514 on M3563 and Lot 1 on RP700535, Mareeba at an estimated cost of $20,000." BACKGROUND Tallast Pty Ltd have put in an application for material change of use - car park for Lot 1 and 2 on RP715323 and Lot 2 on RP700535, situated at 158-160 Walsh Street, Mareeba (refer attached plan). Part of the Council conditions is that this development includes frontage works, consisting of a 2.0m minimum wide footpath and reconstruction of driveway accesses along the full Walsh Street frontage of the subject land. This will be constructed similar to the recently completed footpath in front of the Mulungu Aboriginal Medical Centre (refer attached photo). This will leave an existing section of footpath, to the frontage of Lot 514 on M3563 and Lot 1 on RP700535, which is in poor

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condition and has existing driveway accesses that are causing issues with cars bottoming out on entry and exit. As part of the proposed works, Tallast Pty Ltd have suggested to Council that they extend the construction of the footpath in their development at 158-160 Walsh Street, to replace the remaining existing section of footpath and driveway accesses to the frontage of Lot 514 on M3563 and Lot 1 on RP700535 at a cost to Council. After further discussions with the developers, an indicative cost of $20,000 has been provided to Council to replace the remaining existing section of footpath and driveway accesses. Council officers have investigated the site, identified the scope of works and associated cost to complete and estimate that $14,000 of this includes removal of existing pavers, concrete driveways, construction of new footpath and minor earthworks. $6,000 is estimated for the construction of two (2) new driveway accesses. LINK TO CORPORATE PLAN ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community. CONSULTATION Internal Mayor Director Infrastructure Services Manager Technical Services Manager Works Coordinator Technical Services External Tallast Pty Ltd LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital The works are estimated to cost $20,000 Operating Nil Page 168

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Is the expenditure noted above included in the 2014/2015 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Developer Contributions IMPLEMENTATION/COMMUNICATION Necessary communications will be provided to Tallast Pty Ltd ATTACHMENTS 1. 2.

Proposed Development Plan; Photograph of completed footpath in front of the Mulungu Aboriginal Medical Centre.

Date Prepared:

22 September 2014

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WORKS ITEM-12

INFRASTRUCTURE SERVICES - WORKS SECTIONS PROGRESS REPORT - AUGUST 2014

DOCUMENT INFORMATION

MEETING:

Ordinary Meeting

MEETING DATE:

1 October 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Manager Works DEPARTMENT:

Infrastructure Services, Works Group

EXECUTIVE SUMMARY This report sets out works undertaken by the Transport Infrastructure, Parks and Gardens and Bridge Sections of Infrastructure Services during the month of August 2014. OFFICER'S RECOMMENDATION "That Council receive and note the Infrastructure Services Transport Infrastructure, Parks and Gardens and Bridge Sections - Progress Report for the month of August 2014." BACKGROUND Works Group Maintenance Activities Maintenance activities accruing more than $1,000 in expenditure were carried out in August at the following locations:

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Location

Wednesday 01 October 2014

Activity

Blackdown Road, Arbouin

Grading Unsealed Roads

Bilwon Road, Biboohra

Bitumen Patching - Cleaning

Bullock Road, Biboohra

Grading Unsealed Roads

Cypress Road, Biboohra

Bitumen Patching

Torwood Road, Bolwarra

Grading Unsealed Roads

Top Eureka Road, Dimbulah

Road Inspections - Slashing - Linemarking - Road Furniture

Drumduff Road, Highbury

Grading Unsealed Roads

Annie Street, Irvinebank

Grading Unsealed Roads

Hales Siding Road, Irvinebank

Grading Unsealed Roads

High Street, Irvinebank

Grading Unsealed Roads

Macdonald Street, Irvinebank

Grading Unsealed Roads

Moffat Street, Irvinebank

Grading Unsealed Roads

Mount Misery Road, Irvinebank

Grading Unsealed Roads

Rubina Terrace, Irvinebank

Grading Unsealed Roads

Stannary Hills Road, Irvinebank

Grading Unsealed Roads

Vulcan Ore Road, Irvinebank

Grading Unsealed Roads

Vulcan Wood Road, Irvinebank

Grading Unsealed Roads

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Location Pedersen Road, Irvinebank Churchill Creek Road, Julatten Euluma Creek Road, Julatten McKean Road, Julatten McLeans Bridge Road, Julatten

Wednesday 01 October 2014

Activity Grading Unsealed Roads Culvert Repairs, Road Inspections, Grading Unsealed Roads, Road Furniture Bitumen Patching, Grading Unsealed Roads, Road Furniture, Road Inspections, Slashing Slashing

Salisbury Drive, Julatten

Bitumen Patching, Grading Unsealed Roads Clean Inlet/Outlets culverts, Culvert Repairs, Grading Unsealed Roads, Road Inspections Clean Inlet/Outlets culverts, Culvert Repairs, Slashing

Black Mountain Road, Julatten

Slashing, Road Furniture

Jeffrey Road, Kuranda

Grading Unsealed Roads, Road Inspections, Grading Unsealed Roads

Monaro Close, Kuranda

Road Inspections, Grading Unsealed Roads, Road Inspections

Rasmussen Road, Julatten

Myola Road, Kuranda

Bitumen Patching, Grading Unsealed Roads, Road Inspections , Slashing

Oak Forest Road, Kuranda

Thooree Street, Kuranda

Bitumen Patching, Grading Unsealed Roads, Road Inspections Bitumen Patching, Cement Footpath Maintenance, Footpath Maintenance, Road Inspections, Slashing Cement Footpath Maintenance, Slashing

Bulimba Road, Lyndside

Grading Unsealed Roads

Anzac Avenue, Mareeba

Culvert Repairs, Pavement Repairs

Davies Creek Road, Mareeba

Grading Unsealed Roads

Gilmore Road, Mareeba

Grading Unsealed Roads

Kay Road, Mareeba

Grading Unsealed Roads

Rob Veivers Drive, Kuranda

Kowa Street, Mareeba

Bitumen Patching, Line marking

Spena Road, Mareeba

Grading Unsealed Roads

Walsh Street, Mareeba

Bitumen Patching, Slashing

Main Street, Mt Molloy

Pavement Repairs, Slashing

Wetherby Road, Mt Molloy

Culvert Repairs, Road Inspections, Grading Unsealed Roads

Armstrong Road, Mona Mona

Grading Unsealed Roads, Road Inspections

Nychum Road, Nychum

Grading Unsealed Roads

OK Mine Road, Nychum

Grading Unsealed Roads

Ivicevic Road, Paddy's Green

Grading Unsealed Roads

Rains Road, Paddy's Green

Grading Unsealed Roads

Lappa-Mount Garnet Road, Petford

Grading Unsealed Roads

Cadaga Close, Speewah

Grading Unsealed Roads, Road Inspections

Ganyan Drive, Speewah

Grading Unsealed Roads, Road Furniture, Road Inspections

Speewah Road, Speewah

Road Inspections, Grading Unsealed Roads, Road Inspections, Slashing

Stoney Creek Road, Speewah

Grading Unsealed Roads, Road Inspections

Mount Nolan Road, Watsonville

Grading Unsealed Roads

The table below shows the current budget position of road maintenance for Mareeba Shire Council.

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Wednesday 01 October 2014

Location

YTD Actual

YTD Budget

Annual Budget

Mareeba Shire Council

$1,113,151

$720,748

$2,882,990

The budget overrun is a result of maintenance grading of unsealed roads. The programmed grading of unsealed roads continued during August with crews changing over to capital works and DTMR (Department of Transport and Main Roads) projects from September. This will cause a major reduction in maintenance spending for the remainder of 2014. Unsealed roads graded this financial year are listed below. The cost of this activity is $840,230 to date and in excess of 600km have been graded.

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Road Name Adil Road, Mareeba

Macdonald Street, Irvinebank

Adler Hill Road, Mareeba

Martin Road, Chewko

Alice Street, Irvinebank

McCorry Road, Kuranda

Annie Street, Irvinebank

McGrath Road, Mareeba

Bakers Road, Mount Molloy

McLeans Bridge Road, Julatten

Barron Street, Koah

McLeod Road, Mutchilba

Bethel Road, Mount Carbine

Moffat Street, Irvinebank

Bilwon Road, Biboohra

Monaro Close, Kuranda

Bischoff Mill Road, Watsonville

Morrish Road, Julatten

Black Mountain Road, Kuranda

Morton Street, Kuranda

Blackdown Road, Arbouin

Mount Lewis Road, Julatten

Bolton Road, Koah

Mount Misery Road, Irvinebank

Bolwarra Road, Crystalbrook

Mount Perseverance Road, Julatten

Boonmoo Road, Dimbulah

Myola Road, Kuranda

Brooks Road, Paddys Green

Nine Mile Road, Julatten

Buchan Street, Kuranda

Nychum Road, Nychum

Bulimba Road, Lyndside

OK Mine Road, Nychum

Bullock Road, Biboohra

Oak Forest Road, Kuranda

Cadaga Close, Speewah

O'Callaghan Street, Irvinebank

Cemetery Road, Irvinebank

Ootann Road, Almaden

Churchill Creek Road, Julatten

Rains Road, Paddys Green

Clayton Lane, Julatten

Rasmussen Road, Julatten

Clohesy Street, Koah

Rollinson Drive, Mareeba

Cobra Road, Mareeba

Rubina Terrace, Irvinebank

Collins Weir Road, Dimbulah

Sabin Road East, Mareeba

Copland Road, Koah

Sales Floor Street, Mareeba

Crothers Road, Kuranda

Sandridge Road, Watsonville

Davies Creek Road, Mareeba

Scrub Street, Kuranda

Douglas Track, Speewah

Shaban Drive, Mareeba

Douglas Track East, Speewah

Shiffron Road, Watsonville

Drumduff Road, Highbury

Speewah Road, Speewah

East Mary Road, Mount Carbine

Spena Road, Mareeba

Eichblatt Road, Watsonville

Springfield Road, Springfield

Emerald Falls Road, Mareeba

Spurrier Road, Mareeba

Euluma Creek Road, Julatten

Srhoj Road, Mareeba

Fantin Road, Koah

Stannery Hills Dam Road, Irvinebank

Gadd Close, Julatten

Stannary Hills Road, Irvinebank

Gibbs Lane, Irvinebank

Stoney Creek Road, Speewah

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Road Name Gilmore Road, Mareeba

Streil Road, Koah

Godfrey Road, Mareeba

Tait Street, Dimbulah

Gordon Street, Irvinebank

Tapiola Road, Koah

Hales Siding Road, Irvinebank

Tinaroo Creek Road, Mareeba

Harper Road, Speewah

Torwood Road, Bolwarra

Henry Hannam Drive, Mareeba

Toy Creek Road, Watsonville

High Street, Irvinebank

Vallely Road, Biboohra

Hillview Road, Julatten

Vulcan Ore Road, Irvinebank

Hoey Road, Speewah

Vulcan Wood Road, Irvinebank

Hurricane Road, Hurricane

Walsh River Road, Watsonville

Ibis Dam Road, Irvinebank

Wetherby Road, Mount Molloy

Ivicevic Road, Paddys Green

West Bischoff Mill Road, Watsonville

James Street, Watsonville

Wright Road, Mareeba

James Street, Mareeba

Wright Road, Koah

Jeffrey Road, Kuranda

Black Mountain Road, Julatten

Jessie Street, Irvinebank

Boggy Creek Road, Julatten

Kanervo Road, Koah

Lappa-Mount Garnet Road, Petford

Karma Waters Road, Hurricane

Watsonville Cemetery Access, Watsonville

Kay Road, Mareeba

Mount Nolan Road, Watsonville

Koah Road, Koah

Arbouin Mine Road, Watsonville

Kovacic Road, Mareeba

Pedersen Road, Irvinebank

Leonardi Road, Mareeba

Two Chain Road, Koah

Little Street, Mount Molloy

Popovic Road, Koah

Lockyer Lane, Watsonville

Zaicz Road, Watsonville

DTMR Routine Maintenance Performance Contract (RMPC) Routine maintenance activities were undertaken during August at the following locations;

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Location

Wednesday 01 October 2014

Activity

Kennedy Highway ( Cairns - Mareeba)

Rest Area Servicing

Kennedy Highway ( Cairns - Mareeba)

Replace Signs

Mulligan Highway (Mareeba - Mt Molloy)

Reinstate Shoulders

Mulligan Highway (Mareeba - Mt Molloy)

Pavement Repairs

Mulligan Highway (Mareeba - Mt Molloy)

Herbicide Spraying

Mulligan Highway (Mareeba - Mt Molloy)

Pot Hole Patching

Mulligan Highway ( Mt Molloy - Lakeland)

Rest Area Servicing

Mulligan Highway ( Mt Molloy - Lakeland)

Replace REGPs

Mossman - Mt Molloy Road

Pothole Patching

Mossman - Mt Molloy Road

Clean Inlets and Outlets

Mossman - Mt Molloy Road

Place Rock Protection

Mossman - Mt Molloy Road

Remove Fallen Tree

Mossman - Mt Molloy Road

Roadside Litter Collection

Mareeba - Dimbulah Road

Clean REGPs

Herberton - Petford Road

Medium Formation Grade

The total claim to DTMR for the works listed above for the month of August was $90,662.85.

Parks and Gardens Section Maintenance Activities Parks and Gardens maintenance activities accruing more than $1,000 in expenditure were carried out in August at the following locations:

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Wednesday 01 October 2014

Location

Activity

Parks and Gardens - Chillagoe

General Operations

Mutchilba Park

General Operations, General Repairs and Maintenance

Basalt Gully and Bi-Centennial Lakes

General Repairs and Maintenance, Mowing

Mary Andrews Gardens

General Repairs and Maintenance, Mowing

Arnold Park

General Repairs and Maintenance, Mowing, Line marking

Centenary Park - Mareeba

General Repairs and Maintenance, Mowing

Barron Esplanade - Mareeba

Slashing

Byrnes Street Medians

General Repairs and Maintenance, Mowing

Mt Molloy Road Approaches - Mareeba

Clean Culvert Inlet/Outlet, Slashing

Kuranda Parks, Library, CBD and Streets

General Repairs and Maintenance, Mowing

Wetherby Park - Mt. Molloy

General Repairs and Maintenance

Town Hall Park - Dimbulah

General Repairs and Maintenance, Mowing

Borzi Park - Mareeba

General Repairs and Maintenance, Mowing

Davies Park - Mareeba

General Repairs and Maintenance, Mowing

Brady Park - Mareeba

General Repairs and Maintenance, Mowing

Firth Park - Mareeba

General Repairs and Maintenance, Mowing

Junior Soccer Reserve - Dimbulah

General Operations

Mareeba Streets

General Repairs and Maintenance, Mowing, Culvert Repairs, Slashing

Nursery Mareeba

General Repairs and Maintenance

Furniture and Playground Equipment

Investigations/Inspections

Corrective Services Labour - Northern

General Repairs and Maintenance, Mowing

The table below shows the current budget position of Parks and Gardens maintenance for Mareeba Shire Council. Location

YTD Actual

YTD Budget

Annual Budget

Mareeba Shire Council

$222,646

$238,243

$1,375,459

Bridge Section Capital Works Black Mountain Road Bridge 6 was identified during our bridge inspection program as requiring major maintenance. The existing timber girder and concrete deck where replaced by concrete deck units. The concrete deck units and kerbing were constructed at the Kowa Street Depot and transported to site. The original timber girders and concrete deck were removed by crane and the new concrete deck units were placed on the existing concrete abutments. Fifty (50) metres of pavement with cement stabilised relieving slabs will be provided to each bridge approach in September along with asphalt sealing and bridge deck wearing surface.

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Wednesday 01 October 2014

The table below shows the current budget position of bridge maintenance for Mareeba Shire Council. Location Mareeba Shire Council

YTD Actual

YTD Budget

Annual Budget

$82,971

$145,687

$874,123

LINK TO CORPORATE PLAN ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community. CONSULTATION Internal Infrastructure Services staff External Nil Page 181

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Wednesday 01 October 2014

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Included in 2014/2014 budget Operating Included in 2014/2014 budget Is the expenditure noted above included in the 2014/2015 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION Advice is provided to residents and businesses affected by any activities. ATTACHMENTS Nil Date Prepared:

19 September 2014

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Wednesday 01 October 2014

WATER & WASTE ITEM-13

INFRASTRUCTURE SERVICES - WASTE OPERATIONS PROGRESS REPORT - AUGUST 2014

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

1 October 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Manager Water and Waste

DEPARTMENT:

Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY The purpose of this report is to summarise Council’s Waste activities undertaken by the Infrastructure Services Department during the month of August 2014. OFFICER'S RECOMMENDATION "That Council receive and note the Infrastructure Services - Waste Operations Progress Report, August 2014." BACKGROUND The following is a summary of the waste activities undertaken during the month of August 2014. 1.

Waste Operations Recycled materials transported from outlying waste transfer stations to Mareeba waste transfer station this month. Green waste mulched at Mareeba and Kuranda. All waste transfer station price boards have been updated with the adopted waste fees. A trial is currently underway, which will be at no cost to Council, to temporarily store mattresses for later shredding. The steel will be separated with an electromagnet to be added with the steel pile and the remainder will be deposited into the landfill. Five (5) separate loads of chemical containers (12.22 tonnes) were transported by SITA from the Mareeba Waste Transfer Station to Cairns material recycling facility for processing. This periodically re-occurs as the chemical containers accumulate. A 30 cubic metre bin of recycled material was transported by JJ Richards from the Mareeba Waste Transfer Station to Cairns material recycling facility for processing. This periodically re-occurs as the recyclable material builds up.

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Wednesday 01 October 2014

All transfer stations and Mareeba landfill are currently operational.

Customer Service Waste Statistics The following graph displays customer requests logged in the Customer Request Management (CRM) system during the month of August 2014.

Waste Collected at Each of the Transfer Stations Waste material collected at each of the waste transfer stations is either deposited directly to the Mareeba landfill, recycled or transported to the SITA facility in Cairns for processing. The following pie charts are separated into waste received as whole units and waste received as accrued tonnage.

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Wednesday 01 October 2014

Waste to Mareeba Landfill The Mareeba Shire waste shown in the pie chart below is the waste collected at each of the waste transfer stations (Mareeba included), and deposited directly to the Mareeba landfill. The commercial waste shown below is derived from the SITA Bedminster plant in Cairns and deposited into the Mareeba landfill.

Revenue The income shown below in the pie graph is made up of: • Commercial disposal (predominantly SITA) • Interest earned • Interest on Constrained Works • Recycling (steel, batteries) • Rates The expenditure shown below in the pie graph is made up of: • Waste administration • Landfill management Page 185

Mareeba Shire Council - Agenda

•

Wednesday 01 October 2014

Transfer station management

Financial Operational Budget Information per budget Section Overall Graphical – Revenue

Graphical – Expenditure

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Wednesday 01 October 2014

CONSULTATION Internal Director Infrastructure Services Waste Staff External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure Nil

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IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS Nil Date Prepared:

5 September 2014

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Mareeba Shire Council - Agenda

ITEM-14

Wednesday 01 October 2014

INFRASTRUCTURE SERVICES WATER AND WASTEWATER GROUP - MONTHLY OPERATIONS AUGUST 2014

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

1 October 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Manager Water and Waste

DEPARTMENT:

Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY This purpose of this report is to summarise Council’s Water and Wastewater activities undertaken by the Infrastructure Services Department during the month of August 2014. OFFICER'S RECOMMENDATION "That Council receive and note the August 2014 Monthly Water and Wastewater Report."

LINK TO CORPORATE PLAN GOV 3 Undertake a whole of Council service level review to establish sustainable operational costs across core local government business and consult with communities. 1.

Capital Works Projects • Arsenic Removal Plant at Chillagoe; • Work has commenced on Stage 1 of the Historian Project (Water Wastewater and Waste SCADA and Telemetry Recording and Reporting); • Tender Evaluation to Council for approval for the Kuranda Barang Street Sewerage Rising Main Upgrade; • Tender Evaluation to Council for approval for the Mareeba Industrial Park Water Booster Station • Tender called for a new water reservoir on Myola Road Kuranda

Environmental Monitoring - Treatment • Mareeba STP non-compliant. Biological Oxygen Demand (BOD) 22mg/L exceeded the long term 80%ile and Ammonia 21mg/L exceeded the maximum limit. • Kuranda STP remains compliant with licence conditions.

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Wednesday 01 October 2014

Budget - Water Financial Operational Budget Information per budget Section water Graphical - Revenue

Graphical â&#x20AC;&#x201C; Expense

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Wednesday 01 October 2014

Budget - Wastewater Financial Operational Budget Information per budget Section Wastewater Graphical - Revenue

Graphical â&#x20AC;&#x201C; Expenditure

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Chlorine Residual Readings

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Wednesday 01 October 2014

Mareeba Rankine St Wylandra Drive Mareeba Gregory Terrace Kuranda Mason Rd PS Kuranda Chil agoe Dimbulah

August 2014

Chlorine Residual Readings 2014

1.27 0.86 0.92 0.98 0.37 1.34

1.27 0.88 0.81 0.88 0.33 1.18

1.20 0.92 0.70 0.78 0.36 1.16

1.28 0.93 0.68 0.76 0.34 1.38

1.24 0.99 0.74 0.83 0.38 1.32

1.18 0.91 0.74 0.75 0.44 1.28

1.26 1.05 0.78 0.87 0.50 1.25

0.96 1.01 0.73 0.91 0.56 1.18

0.75 0.54 0.70 0.95 0.55 0.84

1.21 0.89 0.80 0.91 0.58 1.35

1.24 1.03 0.85 0.98 0.59 1.54

1.18 0.88 0.84 1.00 0.54 1.66

1.05 0.45 0.90 1.03 0.50 1.02

Fri 1st Mon 4th Wed 6th Fri 8th Mon 11th Wed 13th Fri 15th Mon 18th Wed 20th Fri 22nd Mon 25th Wed 27th Fri 29th Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L)

Australian Drinking Water Guidelines Maximum 5mg/L

Mareeba Shire Council - Agenda

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Mareeba Water Supply Scheme â&#x20AC;&#x201C; Operations Data

Kuranda Water Supply Scheme - Operations Data

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Mount Molloy Water Supply Scheme - Operations Data

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Dimbulah Water Supply Scheme - Operations Data

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Chillagoe Water Supply Scheme - Operations Data

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11.

Mareeba Wastewater Treatment Plant - Operations Data

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Kuranda Wastewater Treatment Plant - Operations Data

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Date Prepared: 4 September 2014

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CHIEF EXECUTIVE OFFICER DISASTER MANAGEMENT ITEM-150

MAREEBA LOCAL DISASTER MANAGEMENT PLAN

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

1 October 2014

REPORT OFFICER’S TITLE: Manager Technical Services DEPARTMENT:

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY The Disaster Management Act requires Council to formally adopt the structure and Terms of Reference Local Disaster Management Group (LDMG) as well as the Local Disaster Management Plan (LDMP). The LDMG was adopted by Council on 16 July 2014 and the LDMP has been workshopped with the LDMG on 3 July 2014 and Council on 4 September 2014. Under s.57 of the Disaster Management Act 2003, Mareeba Shire Council must prepare a Local Disaster Management Plan for disaster management in the local government’s area. The Mareeba Local Disaster Management Plan (LDMP) V1.0 has been prepared by a consultant on behalf of the Mareeba Local Disaster Management Group. The Mareeba LDMG has endorsed the plan and recommends the document for adoption by Mareeba Shire Council. OFFICER'S RECOMMENDATION "That Council adopt V1.0 (July 2014) of the Mareeba Local Disaster Management Plan.” BACKGROUND Following de-amalgamation of Mareeba Shire Council (MSC) and Tablelands Regional Council (TRC) in January 2014, the interim CEO for MSC formed a Local Disaster Management Group (LDMG) and officially adopted the TRC Local Disaster Management Plan (LDMP) as a temporary measure until the creation and formal adoption of the LDMG and the LDMP by the new Mareeba Shire Council. On 16 July 2014 Council at its Ordinary Meeting approved the proposed structure and membership and endorsed the Terms of Reference for the LDMG and associated sub groups. The LDMP has been workshopped with the LDMG on 3 July 2014 and Council on 4 September 2014 and is now ready for adoption by Council. Page 200

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The Local Disaster Management Plan (LDMP) is the foundation document for responding to and recovering from disaster events that affect the Mareeba Shire Council area. The LDMP has been developed using a template provided by Queensland Fire & Emergency Services (QFES-Emergency Management) and is supported by a number of Operational Sub Plans including: • • • • • • • • • • • • • •

Activation of the Local Disaster Management Group (LDMG) Activation of the Local Disaster Coordination Centre (LDCC) Financial Management Public Information and Warnings Evacuation Evacuation Centre Management Logistics Damage and Needs Assessment Resilient Communications Emergency Transportation Resupply Community Support Public Health Recovery

It is a requirement of the Disaster Management Act 2003 that Council approves its Local Disaster Management Plan (s.57). Local Disaster Management Plans must be consistent with the disaster management standards and disaster management guidelines and must include provision for the following: (a) the State group’s strategic policy framework for disaster management for the State, and the local government’s policies for disaster management; (b) the roles and responsibilities of entities involved in disaster operations and disaster management in the area; (c) the coordination of disaster operations and activities relating to disaster management performed by the entities mentioned in paragraph (b); (d) events that are likely to happen in the area; (e) strategies and priorities for disaster management for the area; (f) the matters stated in the disaster management guidelines as matters to be included in the plan; (g) other matters about disaster management in the area the local government considers appropriate. Mareeba Shire Council must review the effectiveness of its Local Disaster Management Plan at least once per year (s.59). Mareeba Shire Council must also ensure a copy of its Local Disaster Management Plan is available for inspection free of charge by members of the public at the local governments Page 201

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head office, on the MSC website and at other places the CEO considers appropriate. A fee of $5.00 (to cover printing costs) has been recommended within the plan if community members request that Council provides a hard copy. LINK TO CORPORATE PLAN ENV 2 - Maintain a proactive response to public health and safety matters including incorporating CPTED (Crime Prevention through Environmental Design) principles in town centres and commercial developments. CONSULTATION Internal • Mayor / LDMG Chairperson • Chief Executive Officer / Local Disaster Coordinator External • LDMG Members LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Under s.57 of the Disaster Management Act 2003, Mareeba Shire Council must prepare a Local Disaster Management Plan for disaster management in the local government’s area. POLICY IMPLICATIONS The Mareeba Local Disaster Management Plan is the document that will guide Council's response to disaster events that affect the Mareeba Shire Council area. The entire organisation needs to know of its existence and staff with key roles and responsibilities will require regular training and exercising in order to fulfil their roles. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil

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IMPLEMENTATION/COMMUNICATION Following approval by Council, the Mareeba Local Disaster Coordinator will organise signing of the document by the LDMG Chairperson and MSC CEO (see page 3 of LDMP). The plan will need to be circulated in accordance with the distribution list. An email will also be sent to all employees advising that a V1.0 of the LDMP is available. The plan will need to be uploaded onto the Mareeba Shire Council website and a copy made available for inspection by the public at the Mareeba Shire Council Office. ATTACHMENTS 1.

Local Disaster Management Plan V1.0 (July 2014)

Date Prepared:

19 September 2014

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BUSINESS WITHOUT NOTICE Insert Councillor's Business Without Notice Here

NEXT MEETING OF COUNCIL The next meeting of Council will be held at 9:00 am on Wednesday 15 October 2014. Double Click Here to insert <Closure>

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