Council Meeting Agenda 4 March 2015 by Mareeba Shire Council

Ordinary Meeting Council Chambers Date: 4 March 2015 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 04 MARCH 2015 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda

Wednesday 04 March 2015

ORDER OF BUSINESS MEMBERS IN ATTENDANCE APOLOGIES/LEAVE OF ABSENCE/ABSENCE ON COUNCIL BUSINESS BEREAVEMENTS/CONDOLENCES DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/CONFLICTS OF INTEREST CONFIRMATION OF MINUTES BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING CORPORATE AND COMMUNITY SERVICES ............................................................................... 5 REGIONAL LAND USE PLANNING ............................................................................................ 5 ITEM-1 Bright Acquisitions Pty Ltd - MCU - Accommodation Units, Caravan Park, Dwelling House, Educational Establishment, Host Farm, Motor Home Park, Residential Units, Shop and Associated Uses- Lot 560 NR6544 - 186 Tinaroo Creek Road, Mareeba - DA/14/0064 ........................................................................ 5 ITEM-2 Kanjini Co-Op Ltd - Material Change of Use - Caretaker's residences (x2) and Caravan Park (Bush Camping) Lot 68 RP896905 - 545 Kay Road, Mareeba DA/14/0054 ............................................................................................................ 81 ITEM-3 A Donnelly - Reconfiguring a Lot - Subdivision (1 into 3 Lots & Access Easement) - Lot 21 on SP171157 - 2577 Kennedy Highway, Koah DA/14/0036 .......................................................................................................... 127 ITEM-4 Application for Conversion of GHPL to Freehold - Lot 137 on DA390, Parish of Southedge ............................................................................................................ 149 INFRASTRUCTURE SERVICES ................................................................................................ 155 TECHNICAL SERVICES ......................................................................................................... 155 ITEM-5 Kuranda Community Precinct ............................................................................... 155 CHIEF EXECUTIVE OFFICER ................................................................................................... 159 ORGANISATIONAL DEVELOPMENT ..................................................................................... 159 ITEM-6 Attendance at LGAQ Finance Summit .................................................................. 159 BUSINESS WITHOUT NOTICE .................................................................................................. 161 NEXT MEETING OF COUNCIL .................................................................................................. 161

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Wednesday 04 March 2015

Mareeba Shire Council - Agenda

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CORPORATE AND COMMUNITY SERVICES REGIONAL LAND USE PLANNING ITEM-1

BRIGHT ACQUISITIONS PTY LTD MCU ACCOMMODATION UNITS, CARAVAN PARK, DWELLING HOUSE, EDUCATIONAL ESTABLISHMENT, HOST FARM, MOTOR HOME PARK, RESIDENTIAL UNITS, SHOP AND ASSOCIATED USES- LOT 560 NR6544 - 186 TINAROO CREEK ROAD, MAREEBA DA/14/0064

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 March 2015

REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT:

Corporate and Community Services APPLICATION DETAILS

APPLICANT

APPLICATION Bright Acquisitions Pty Ltd

PREMISES ADDRESS 186 Tinaroo Creek Road, Mareeba RPD Lot 560 on NR6544

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

21 November 2014 Development Permit

FILE NO LODGED BY

AREA DA/14/0064 50.7 hectares OWNER Victor G Feros Town Bright Acquisitions Planning Consultants Pty Ltd Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

Material Change of Use - Accommodation Units, Caravan Park, Dwelling House, Educational Establishment, Host Farm, Motor Home Park, Residential Units, Shop, Tourist Facility and Ancillary and Associated Uses and the retention of Existing Rural Activities or Pursuits

Rural Impact Assessment Two (2)

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ATTACHMENTS:

1. 2.

Wednesday 04 March 2015

Proposal Plan/s Department of State Development, Infrastructure and Planning referral agency response dated 17 December 2014. Submitter letters Applicants response to matters raised by submitters

3. 4.

EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is impact assessable and two (2) properly made submissions were received in response to public notification of the application. The applicants propose the redevelopment of the former TAFE/Agricultural College located on Tinaroo Creek Road, Mareeba. The redevelopment will utilise most of the former college infrastructure and will include integrated tourist accommodation facilities as well as training and conference facilities. 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 DEO's, Codes and Policies) and does not significantly conflict with any relevant planning instrument. The key issues of the proposed development are the provision of additional vegetation buffering to Tinaroo Creek Road and the adjoining fruit orchard and some limited widening of Tinaroo Creek Road. 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:

APPLICANT DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

APPLICATION Bright Acquisitions Pty Ltd 21 November 2014 Development Permit

ADDRESS RPD

PREMISES 186 Tinaroo Creek Road, Mareeba Lot 560 on NR6544

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:

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Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment managerâ&#x20AC;&#x2122;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 consider that the assessment managerâ&#x20AC;&#x2122;s decision conflicts with a relevant instrument. Details of the conflict with the relevant instrument

Reason for the decision, including a statement about the sufficient grounds to justify the decision despite the conflict

Residential Units are listed as an inconsistent land use in the Rural zone.

(A)

APPROVED DEVELOPMENT: Development Permit for Material Change of Use Accommodation Units, Caravan Park, Dwelling House, Educational Establishment, Host Farm, Motor Home Park, Residential Units, Shop, Tourist Facility and Ancillary and Associated Uses and the retention of Existing Rural Activities or Pursuits

(B)

APPROVED PLANS: Plan/Document Number Figure 16 Sheet 1 Sheet 2

Plan/Document Title Setback and Buffer Considerations Proposed Master Plan

Sheet 7

Proposed Master Plan Northern Precinct Proposed Master Plan Northern Precinct Detail Proposed Master Plan Western Precinct Proposed Master Plan Southern Precinct Proposed Ground Floor Plan Proposed First Floor Plan

n/a

Staging Plan

n/a

Staging Schedule

n/a

Access Plan

Sheet 3 Sheet 4 Sheet 5 Sheet 6

Page 7

Prepared by Victor G Feros Consultants Victor G Feros Consultants Victor G Feros Consultants Victor G Feros Consultants Victor G Feros Consultants Victor G Feros Consultants Victor G Feros Consultants Victor G Feros Consultants Victor G Feros Consultants Victor G Feros Consultants Victor G Feros Consultants

Dated

Town Planning

November 2014

Town Planning

20 November 2014 20 November 2014 20 November 2014 20 November 2014 20 November 2014 20 November 2014 20 November 2014 November 2014

Town Planning

n/a

Town Planning

November 2014

Town Planning Town Planning Town Planning Town Planning Town Planning Town Planning

Mareeba Shire Council - Agenda

(C)

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ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme

Development must be carried out substantially in accordance with the approved plans and the facts and circumstances of the use as submitted with the application, subject to any alterations:

found necessary by Council’s delegated officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements; and

to ensure compliance with the following conditions of approval.

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 in accordance with the Staging Plan dated November 2014 and the Staging Schedule dated November 2014 except where specified otherwise in these conditions of approval.

2.2

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

General 3.1

The development approval would not have been issued if not for the conditions requiring the construction of infrastructure within the conditions of approval.

3.2

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

3.3

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

3.4

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

3.5

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

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3.6

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

3.7

(i)

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

(ii)

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

Flood Immunity All habitable buildings must be located such that the freeboard of the floor levels of all habitable rooms are a minimum of 300mm above 100 ARI year level.

3.8

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

3.8

Length of Stay The maximum length of stay for the accommodation units, caravan park, host farm, motor home park and tourist facility aspect of the development must not exceed 3 consecutive months.

3.9

Signage (i)

No more than 2 advertising signs for the approved development are permitted on the subject site.

(ii)

Signs must not exceed 4.2 metres x 1.5 metres or a maximum area of 6.3m2.

(iii)

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

(iv)

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

(v)

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

3.10 Notification of Potential Rural Zone Impacts The applicant is to erect a sign at or near the reception building advising guests that the subject land is zoned Rural under the Mareeba Shire Page 9

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Planning Scheme 2004 and is in a Rural zoned locality. Guests should take note:

The locality may be used for intensive rural uses;

The land and its occupants may experience off site rural activity effects, including noise, sprays and dust that may cause a loss of residential amenity. Existing and/or self-assessable agricultural and rural uses in the locality have a ‘right to farm’ or a right to legally continue the use.

Infrastructure Services and Standards 4.1

Access Prior to the commencement of the use, the applicant, or the applicants Engineer, shall lodge an engineering plan of the proposed intersection of the developments access with Tinaroo Creek Road for approval by Council or its delegated officer. The proposed intersection and access design will incorporate provision for traffic coming from the Kennedy Highway to perform safe right hand turns into the property whilst catering for through (non turning) traffic movements. The intersection design shall generally comply with the requirements of a BAR (basic right turn treatment) and line marked in accordance with MUTCD and the Road Planning and Design Manual. The design will incorporate a sealed access from the existing sealed pavement to the property boundary with provision for drainage if required in accordance with the requirements of the FNQROC Development Manual. Prior to the commencement of the use, the applicant shall construct the proposed intersection of the development's access with Tinaroo Creek Road in accordance with the approved engineering plan and to the satisfaction of Council’s delegated officer.

4.2

Roadworks – External Construction Prior to the commencement of the use of the Western Precinct, Southern Caravan Precinct or the acceptance of caravans (excluding temporary construction camp) or motorhomes on the subject land, the applicant shall widen 130 metres of Tinaroo Creek Road on its northern side by 0.5 metres commencing at a point approximately 135 metres east of Fichera Road. These works must be carried out in accordance with FNQROC Manual standard to the satisfaction of Council’s delegated officer, OR Pay to Council a road construction contribution of $6175.00 and indexed in accordance with Council’s Policy towards the upgrading of Tinaroo Creek Road. This contribution can be utilised by Council as and when Council considers that such upgrading works are required on Tinaroo Creek Road or as part of other upgrading works on this road.

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4.3

4.4

Wednesday 04 March 2015

Stormwater Drainage/Water Quality 4.3.1

The applicant must take all necessary steps to ensure a nonworsening effect on surrounding land as a consequence of the development.

4.3.2

Prior to the development commencing, the applicant must develop a Stormwater Quality Management Plan, including an Erosion and Sediment Control Plan. The plan must detail what measures will be implemented to prevent erosion in the event any unsealed surfaces within the development deteriorate due to wet weather and/or high traffic.

4.3.3

All stormwater must be discharged to a legal point of discharge.

4.3.4

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

Car Parking/Internal Driveways The applicant must ensure that the development is provided with on-site car parking spaces which are available solely for the parking of vehicles associated with the use of the premises. The car parking numbers for each aspect/stage of the development shall be in accordance with Table 2 - Car Parking Requirements of the Town Planning Report (VGF-C970) prepared by Victor G Feros Town Planning Consultants. All car parking spaces and internal roads for the respective stage/s must be surfaced to at least the standard identified on the Access Plan Dated November 2014 and appropriately drained prior to the commencement of the use, to the satisfaction of Council's delegated officer. The existing main access drive must be maintained in a sealed condition. Prior to works commencing, the developer must submit engineering plans and specifications for the construction of proposed car parking facilities and internal driveways demonstrating:   

4.5

Compliance with Australian Standard AS2890:1 Off Street Parking – Car Parking Facilities; Compliance with Australian Standard AS2890.3 Bicycle Parking Facilities (if required); Compliance with Australian Standard AS1428:2001 – Design for Access and Mobility.

Landscape and Fencing Prior to the commencement of the use, the applicant / developer must prepare and submit a landscape plan for consideration and approval by Council’s Delegated Officer.

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The landscape plan must illustrate, at minimum:(i)

A 5-10 metre wide landscape buffer along Tinaroo Creek Road frontage of the Campsite Precinct. Such landscape works shall be undertaken prior to the commencement of the development phase incorporating the Campsite Precinct and shall be carried out in accordance with the endorsed landscape plan.

(ii)

A 2.2 metre high steel sheeting fence along 50 metres of the common boundary with Lot 5 on SP149571, immediately to the west of the northern precinct / temporary construction camp and a 3 to 5m wide landscape buffer located on the subject site side of the fence. Such fencing and landscape works shall be undertaken prior to the commencement of the first stage of the use and shall be carried out in accordance with the endorsed landscape plan.

The landscape buffers should include shrubs and trees that will grow to form an effective visual buffer of no less than three (3) metres in height and shall be mulched irrigated and maintained for the life of the approved development to the satisfaction of Council’s Delegated Officer. 4.6

Lighting Where outdoor lighting is required the developer shall locate, design and install lighting to operate from dusk to dawn within all areas where the public will be given access, which prevents the potential for light spillage to cause nuisance to neighbours and must be provided in accordance with Australian Standard 1158.1 – Lighting for Roads and Public Spaces. Illumination resulting from direct, reflected or other incidental light emanating from the subject land does not exceed 8 lux when measured at any point 1.5m outside the property boundary of the subject site. The lighting fixtures installed on site must meet appropriate lux levels as documented within Australian Standard 4282 – Control of the Obtrusive Effects of Outdoor Lighting. NOTE: The design is to integrate the principles of Crime Prevention through Environmental Design (CPTED) theory. Lighting design is to illuminate potential areas of concealment and is to project illumination so that a human face is easily discernible from 15 metres and there is to be sufficient night lighting, which renders people, colours, vegetation and objects correctly. i.e. ‘white’ light. Particular attention should be given to pathways, driveways and common external spaces.

4.7

Water Supply (i)

The development must be provided with a potable water supply that satisfies the standards for drinking water set by the Australian Drinking Water Guidelines 2004 (National Health and Medical Research Council and the National Resource Management Ministerial Council).

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(ii)

4.8

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All non-potable water supplied to visitors must be clearly labelled at each tap - Non Potable Water - not safe for Human Consumption.

On-Site Wastewater Management All on site effluent disposal associated with the approved use must be in compliance with the latest version of On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of the Council’s delegated officer.

(D)

ASSESSMENT MANAGER’S ADVICE (a)

A number of charges or payments may be payable as conditions of approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

(b)

Food Premises Premises proposed for the storage and preparation, handling, packing or service of food must comply with the requirements of the Food Act 2006.

(c)

The change in the use of the building may also require a change in the classification of the building under the Building Act. You are advised to contact a Building Certifier to establish if a change in the classification of the building is required.

(d)

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

(e)

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

(f)

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.

(g)

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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. (h)

Motor Home Park/Caravan Park/Camping Ground The applicant is advised that an application to Council for approval to operate under Mareeba Shire Council Local Law No 1 (Administration) 2011 is required prior to the commencement of the motor home park/caravan park/camping ground.

(E)

CONCURRENCE AGENCY CONDITIONS Department of State Development, Infrastructure and Planning conditions dated 17 December 2014.

(F)

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

(G)

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

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS  Development Permit for Building Work  Development Permit for Operational Works

(H)

OTHER APPROVALS REQUIRED FROM COUNCIL  Compliance Permit for Plumbing and Drainage Work."

THE SITE The subject site is situated at 186 Tinaroo Creek Road, Mareeba and described as Lot 560 on NR6544, Parish of Tinaroo, County of Nares. Before its recent sale, the subject site was formerly used as the Mareeba Farm Technical and Further Education (TAFE) College. The site is irregular in shape with a total area of 50.7 hectares and is zoned Rural under the Mareeba Shire Planning Scheme. The Planning Scheme's agricultural land quality mapping also identifies the majority of the site as containing Good Quality Agricultural Land (GQAL). The site contains approximately 940 metres of frontage to Tinaroo Creek Road which is constructed to bitumen sealed standard for this entire frontage and back to its intersection with the Kennedy Highway. The site is improved by a variety of buildings associated with the former purpose built training and education (TAFE) facility and are situated in two separate clusters along the western side of the site. The northern cluster of improvements includes:  A two-level administration building including offices, classrooms, staff/student amenities and kitchens;  A recreation building;  A storage building; Page 14

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   

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A horticultural training building; Cafeteria; Single-storey classrooms; and Bitumen sealed car parking facilities.

The southern cluster of improvements includes a three bedroom dwelling (previously used as caretaker's residence), two engineering workshops and other ancillary sheds previously used for tobacco production on site. The majority of the site remains cleared and was previously used for agriculture in conjunction with the TAFE College, as was a small orchard situated along the western side of the site.

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

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The site generally slopes from its Tinaroo Creek Road frontage in a south-westerly direction down to Tinaroo Creek which adjoins the rear of the site (190m frontage). A number of gullies traverse the rear half of the site and eventually drain to Tinaroo Creek. Those sections of the site not cleared for agriculture remain covered in scattered non-remnant vegetation with a small portion of Remnant Vegetation of Least Concern Regional Ecosystem and Category R Reef regrowth watercourse vegetation present towards the very rear of the lot. All surrounding allotments are zoned Rural and contain a range of rural uses including sugar cane production, tree cropping and hay production.

BACKGROUND AND CONTEXT The subject site was previously used as the Mareeba Farm TAFE College, a purpose-built tertiary rural education establishment and training facility servicing the Tablelands Region and more recently as the Mareeba campus of the Australian Agricultural College. In November 2013 the site was by sold by the Queensland Government to Bright Acquisitions Pty Ltd. The buildings, structures and infrastructure associated with the former educational establishment use have been retained on the site. Apart from general maintenance undertaken since the purchase of the land, the educational infrastructure on the site has remained unutilised.

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PREVIOUS APPLICATIONS & APPROVALS Nil

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use Accommodation Units, Caravan Park, Dwelling House, Educational Establishment, Host Farm, Motor Home Park, Residential Units, Shop and Tourist Facility and associated uses in accordance with the plans shown in Attachment 1. Design Principles The applicants propose to establish an integrated tourist accommodation, training and conference facilities on the site, to be known as 'Trinity Plains'. The underlying design principles for the proposal include: (a)

maintaining the long-term agricultural use of the land;

(b)

retaining where practicable, the environmental qualities of the site, including natural vegetation, drainage lines and landscape values;

(c)

the efficient refurbishment and re-use of the existing buildings and structures on the site;

(d)

the provision of visitor accommodation within a rural setting to complement other facilities available within Mareeba and surrounding areas;

(e)

acknowledging the requirement to protect the continued operation and use of surrounding rural activities; and

(f)

allowing for the suitable co-existence of the proposed uses and the rural activities on both the subject site and surrounding land.

Development Details The following specific uses are proposed for the site:(a)

conversion of the existing two (2) storey administration building to include five (5) two bedroomed and one (1) one bedroom self-contained units on the upper floor and ten (10) one bedroomed self-contained units on the lower floor;

(b)

establishment of ten (10) free standing cabins on an existing cleared area located on the western side of the driveway between the northern building precinct and the orchard;

(c)

conversion of an existing building within the Northern Precinct into a single selfcontained cabin;

(d)

establishment of twenty (20) caravan sites; Each site is to include a concrete pad, power supply and water supply; Page 17

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Eleven (11) of the spaces are to be located between the orchard and the western boundary of the site; Ten of these sites are configured to allow for a "drive-through" access arrangement for the convenience of users; A further nine (9) caravan park sites are to be located to the east of the southern precinct. These sites are configured to allow caravans to be reversed into position. Shower and toilet amenities will be provided for the caravan park sites; All sites can also be used by motor homes; (e)

informal camping sites are to be established on an existing grassed area to the east of the northern building precinct;

(f)

construction of a new reception and administration building on the western side of the entry drive. This building has a floor area not exceeding 50m2.

(g)

associated with the reception building it is proposed to establish recreation uses including a swimming pool and playground on adjoining land;

(h)

establishment of a conference and training facilities as follows:i)

Within the existing ground level class room to accommodate up to 50 persons;

ii)

Within the existing training rooms ground level in the existing administration building;

(i)

establishment of a combined "mini-mart" or similar, including the sale of basic grocery items, kiosk and coffee shop to service primarily the needs of on-site visitors. This facility would be ancillary to the accommodation uses and would not be open to the general public. This use will also include an adjoining camp kitchen and outdoor dining area. An existing building within the northern precinct would be used for this purpose;

(j)

use of an existing building within the southern building precinct for a showroom, sales area and spare parts storage area for the sale of water pumps and solar equipment;

(k)

construction of a new dwelling for occupation by the proponent; Access to this dwelling will be via an extension to the existing central driveway;

(l)

amenities including toilets and showers for the caravan and camping sites will be distributed throughout the site; In particular the following amenity allocations will be made:(i)

The refurbishment and reuse of existing amenities within the administration building;

(ii)

The provision of new amenities within an existing building within the northern building precinct. The amenities will also include toilet and shower facilities for a disabled person; Page 18

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(iii)

The refurbishment and reuse of existing amenities adjoining the workshop within the southern building precinct;

(iv)

The establishment of new amenities to service the proposed caravan park sites adjacent to the western boundary;

(v)

The establishment of new amenities to service the proposed camping sites located to the east of the northern building precinct;

(vi)

A "dump point" for the disposal of waste water for self-contained caravans or motorhomes.

It is noted that while on-site amenities will be provided for the caravan and camping sites many caravans and motor homes are self-contained in relation to toilet and shower requirements; This level of self-sufficiency will reduce overall demand for on-site amenities; (m)

an existing building within the northern building precinct will be refurbished and reused for clothes washing and drying purposes. An adjoining outdoor clothes drying area will also be provided;

(n)

part of an existing building within the northern building precinct will be refurbished and reused as an indoor entertainment area for use by residents;

(o)

the two (2) existing dwellings will be retained for residential unit purposes.

It is the intention that during the construction phase, the applicant will relocate four (4) caravans onto an existing cleared area between the western boundary and the northern building precinct. This will enable the owners to reside on-site to allow for the management and supervision of the project and to ensure that the site is secure during the construction phase. The caravans will be removed from this location once the project is complete or other suitable accommodation is available on site for the land owners. Siting considerations The following general locational parameters are determinants for the future development of the site:(a)

emphasis will be given to the re-use and refurbishment of existing buildings, structures and infrastructure;

(b)

the retention of the main cropping and pasture area and orchard for agricultural purposes will be maximised.

(c)

It is noted that where existing areas currently used for agricultural purposes are to be used for accommodation purposes, (such as the camping area) the following design considerations will be adopted:(i)

the installation of above-and-below ground infrastructure will be minimised; Page 19

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(ii)

relocatable buildings will be used for the provision of amenities;

(iii)

if required at any time into the longer-term future, the infrastructure and buildings can be removed or relocated from this area to allow the use of the land to revert to agricultural purposes.

(d)

in general the existing driveway will define and separate the area proposed to be used for future development and the area to be retained for agricultural purposes; and

(e)

proposed uses will be clustered to ensure the efficient provision of services to allow for convenient access to amenities.

User Groups As part of the feasibility investigations undertaken by the proponent, the following potential user groups have been identified for the proposed uses: (a)

the general travelling public, including the use of caravans, motor homes and tents;

(b)

youth and school groups requiring camping areas for short-term stays;

(c)

farm stay groups requiring accommodation for short-term stays;

(d)

groups/delegates requiring on-site accommodation combined with training and conference facilities. Preliminary discussions have been held with MAF regarding the potential use of the training and accommodation facilities by student pilots.

It is also anticipated that there will be shared use of facilities and amenities by the various user groups. In particular, it is expected that the training and conference facilities will be used by groups residing short-term on the site. Access and Car Parking Access to the site will utilise where possible, the alignment of existing sealed and hardstand driveways for vehicle access purposes. Where further driveways are required, provision has been made to allow for the turning movements of vehicles and caravans up to 8.2 metres in length. The main elements for access to the site and proposed uses are as follows:(a)

the retention of the existing central sealed driveway; (i)

the existing connection point to Tinaroo Creek Road is to be widened to allow for a separate entry and exit lane;

(ii)

the entry lane to the site is to also include a "parking lane" for up to 3 vehicles towing a caravan to enable visitors to check into the facility at the adjacent reception area;

(iii)

a passing lane will also be included to enable for general traffic to enter the site unimpeded by parked vehicles;

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(iv)

Wednesday 04 March 2015

provision will be made to allow for vehicles towing a caravan to exit the site should a suitable site not be available. This will also allow for other heavy vehicles (such as rubbish collection truck) to exit the site without having to pass other uses on the site;

(b)

a loop connection drive for use by standard vehicles will provide access to the cabins;

(c)

a loop connection drive will provide access to the drive-through caravan park sites adjacent to the western boundary;

(d)

a loop connection drive will provide access to caravan sites adjacent to the southern building precinct;

(e)

the alignment of the existing access track to the southern section of the site will be retained with the exception of a new entry point to reduce the gradient and improve safety;

(f)

this access drive will provide the vehicle connection with the residence to be constructed in the southern section of the site; and

(g)

all other access roads to service the agricultural areas of the site will be retained.

The applicants propose the following in regard to car parking numbers: 43 car parking spaces and 3 mini-bus parking spaces within the existing sealed area adjacent the northern building precinct.  Each caravan and camping site will contain sufficient space to accommodate 1 vehicle.  Each of the free standing cabins will include provision for a single parking space.  Suitable parking will be provided for the dwelling and each residential unit.  Informal parking to be provided adjacent the building to be used for the sale of water pumps and solar equipment.  As mentioned above, a parking lane to enable check in procedures to be undertaken will be provided as part of the main entry lane. The location and purpose of the access roads and drives extending over the site are shown on the Access and Car Parking Arrangements Plan shown in Attachment 1 of this report. Water Supply The development will be supplied with potable water via three main sources - channel water, harvested rain water and bore water. To ensure the channel water supply is potable, it will be filtered and further treated by UV disinfection. Additionally, all water will be chlorinated before use. Regular inspections, maintenance and testing will be conducted on the various water supplies and filtration systems to ensure ongoing compliance with the Australian Drinking Water Guidelines. Water for firefighting will be available from two dams situated on site.

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Wastewater Disposal The existing sewerage disposal systems for the former TAFE College are via septic tanks and evaporation trenches. These systems are located at the two storey building and café/mini-mart building (northern cluster of buildings - northern precinct), and at the machinery shed (southern cluster of buildings - southern precinct). The septic systems established at the northern precinct will be retained. The applicants have noted that the Mareeba Shire Council does not have specific regulations regarding the number of camp/caravan sites that can be serviced per toilet and shower. However, regulations from other Council's for similarly sized campgrounds/caravanRV parks have been used as guidance for designing the amenity blocks for the campground and caravan sites. The method of sewerage disposal recommended by Dirt Professionals (site and soil evaluator) is via a suitably sized septic tank, pump well and Wisconsin Mound. These systems have been noted as ideal for the proposed Trinity Plains project as each sewerage disposal system on-site can be serviced by its own Wisconsin Mound setup. The mounds to be provided for the camping area in the northern precinct will be sited adjacent the Tinaroo Creek Road frontage and once vegetated, will form an effective noise buffer. Given the method of construction of Wisconsin Mound systems, longer-term removal of the mounds and re-use of the land for rural purposes remains feasible. Development Staging The current application seeks a development permit for the development as a whole. However, in order to allow the proponent to establish the uses in an efficient manner and to allow for the market demand to be met, it is proposed to develop the site in a number of discrete stages. The proposed staging plan is shown as part of Attachment 1.

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. Mareeba is identified as a Regional Activity Centre in the Regional Plan. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site as containing:  Wetland Area of General Ecological Significance  Terrestrial Area of High Ecological Significance  Terrestrial Area of General Ecological Significance

PLANNING SCHEME DESIGNATIONS Strategic Framework designation:

Mareeba Dimbulah Irrigation Area

Zone:

Rural

Overlays

Natural Disaster - Bushfire Overlay

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Planning Scheme Definitions The proposed uses are defined as:"Accommodation units means the use of premises for use as a boarding house, guesthouse, hostel, hotel (unlicensed or private), residential club (unlicensed), serviced rooms, back packers or the like where residential accommodation is provided in a room or rooms where food preparation or cooking facilities are limited. The term does not include premises used for a purpose elsewhere defined in this section." "Caravan park means the use of premises for the parking of caravans, recreational vehicles or relocatable homes and the like, holiday cabins (and other moveable dwellings) and camping sites for use by both the travelling public and long term park residents. The term does not include Motor Home Park as otherwise defined." "Dwelling house means any building or part of a building comprising a selfcontained unit intended for the exclusive residential use of one (1) household on one allotment, and may include Family Accommodation and Home Based Child Care as provided for under the Dwelling House Code. The term includes the keeping of up to three dogs over the age of six months and three cats over the age of six months as domestic pets for the interest, enjoyment or protection of residents therein." "Educational establishment means the use of premises principally for education and training and includes: (a)

a school;

(b)

a tertiary institution, including a university or TAFE college, providing formal education which is constituted by or under an Act;

(c)

adult or community education;

(d)

training facilities;

Whether or not accommodation for staff or students is provided there and whether or not it is used for the purpose of gain." "Host farm means the use of premises for tourist accommodation in conjunction with agriculture, animal husbandry or forestry purposes. The term also includes accommodation on rural allotments which are non bona fide farms but which have wilderness areas or areas of ecological or cultural significance." "Motor home park means the use of premises for the parking of self-contained motor homes for short stays without requiring facilities normally associated with a caravan park. The term does not include Caravan park as otherwise defined." "Residential units means the use of premises for residential purposes comprising two or more dwelling houses which may be attached or detached." "Shop means the use of premises for selling items, whether by retail or auction, or for hiring or displaying items for the purpose of selling or hiring, but does not include a building or place specifically defined elsewhere in this plan." Page 23

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"Tourist facility means the use of premises for providing accommodation and other services and facilities for visitors, including a caravan park and camping ground and attractions. The term does not include the use of premises for "host farm" or "bed and breakfast" and "residential Units". 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 1.1.3

1.1.4

Complies

Comments

Urban development adjacent to areas of high ecological significance (see map 3) is located, designed, operated and setback to avoid adverse impacts on the area’s ecological values.



Complies. The closest aspect of the proposed development to an area of high ecological significance is the future dwelling house. The future dwelling house is at least 200 metres from the area of high ecological significance.

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.



The proposed development is unlikely to impact on the ecological values of this area. Complies. The closest aspect of the proposed development to an area of general ecological significance is the future dwelling house. The future dwelling house is at least 50 metres from the area of general ecological significance. The proposed development is unlikely to impact on the ecological values of this area.

DRO 2.4 Primary Production & Fisheries

2.4.1

Land Use Policy

Complies

Comments

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



The majority of the site, with the exception of the land immediately surrounding the drainage lines, is mapped as Good Quality Agricultural Land by the planning scheme. Existing on site agricultural activities (fruit orchard & eucalypt plantation) will be retained. The proposed camping area will be located on GQAL. The camping area and associated infrastructure (relocatable ablutions block) can be removed at minimal cost, to enable this land to revert to agricultural purposes use if the need arises. All other proposed uses will make use of existing buildings or where new buildings are proposed, they will be collocated with the existing buildings.

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The proposed development will not result in a loss of GQAL above the level that has previously occurred with the operation of the TAFE college. 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.

ď&#x192;ź

The existing agricultural uses on the site will be retained and managed by the applicants to minimise the potential for internal land use conflicts. As the applicants will retain control over the proposed development and the agricultural uses, there is no need for an internal separation buffer. The buffering available to neighbouring agricultural operations is described on Figure 16 (Attachment 1). The southern building precinct, the proposed caravan sites and the proposed cabins are adequately buffered by remnant vegetation and topographical features (the orchard on adjoining Lot 4 on SP108027 is approximately 15 metres lower than the subject land). The northern building precinct is setback approximately 90 metres from the closest fruit trees on adjoining Lot 5 on SP149571. Suitable buffering to these fruit trees can be established by planting a 20 metre wide, 50 metre long vegetated buffer. The proposed camping area is located approximately 74 metres from the agricultural operations (sugar cane) occurring on the opposite side of Tinaroo Creek Road. The 74 metres mostly consists of road reserve containing vegetation on either side. The applicant proposes to supplement the existing buffering by establishing a further 5 to 10 metre of vegetated buffering along the Tinaroo Creek Road frontage of the camping area. The location and extent of the current vegetation located both on the subject site and adjoining land and Tinaroo Creek Road reserve combined with the setbacks from existing cropping areas and the addition of some further limited vegetated buffering will ensure that agricultural activities are protected.

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

ď&#x192;ź

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74 metres mostly consists of road reserve containing vegetation on either side. The applicant proposes to supplement the existing buffering by establishing a further 5 to 10 metre of vegetated buffering along the Tinaroo Creek Road frontage of the camping area. The location and extent of the current vegetation located both on the subject site and adjoining land and Tinaroo Creek Road reserve combined with the setbacks from existing cropping areas and the addition of some further limited vegetated buffering will ensure that agricultural activities are protected. 5.4.3

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

ď&#x192;ź

DRO 5.5 Tourist Development Land Use Policy 5.5.2

is of a nature and scale that is sympathetic to the maintenance of the regional landscape and rural production values

(b)

minimises the impact on good-

Complies

Comments

ď&#x192;ź

The subject land is located within the Regional Landscape and Rural Production Area. The Queensland Drive Tourism Strategy 2013-2015 aims to attract new investment into all forms of accommodation to achieve growth in visitor expenditure by 2020. The Queensland Single State Planning Policy was introduced by the State Government in December 2013. One of the State interests is the promotion of tourism as a key economic pillar for Queensland. The proposed development is consistent with the objectives of both of these recent State policies.

Page 26

Mareeba Shire Council - Agenda

The Queensland Government's focus on increasing the drive tourism market means that regions such as the Tablelands also need to increase/improve the facilities on offer to the travelling public. The proposed development will do this, while representing a logical and appropriate re-use of the significant infrastructure established on the subject site.

quality agricultural land (c)

Wednesday 04 March 2015

avoids areas of high ecological significance and coastal hill slopes and headlands (see sections 1.1 and 2.3).

The proposed development is able to be carried out without threatening the rural values of the locality. The proposed camping area will be located on GQAL. The camping area and associated infrastructure (relocatable ablutions block) can be removed at minimal cost, to enable this land to revert to agricultural purposes use if the need arises. All other proposed uses will make use of existing buildings or where new buildings are proposed, they will be collocated with the existing buildings, to avoid further impact on GQAL. The land contains an area of MSES - Regulated Vegetation which follows an unnamed watercourse located immediately to the south of the southernmost cluster of buildings. The proposed development will not result in the clearing of this vegetation.

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

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.

(b)

State Planning Policy

Complies

Comments

ď&#x192;ź

The proposed development will largely re-use existing infrastructure or where new infrastructure is proposed, such infrastructure is relatively low impact. The new infrastructure does not require significant earthwork, nor is it likely to adversely impact on water quality.

The Department of State Development, Infrastructure and Planning has 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. An officer assessment of the proposed development has been undertaken against the provisions contained within the SPP and the development is not considered to be in conflict with any relevant aspect of the SPP. Queensland State Planning Policy - July 2014 State Interest Biodiversity

Complies ď&#x192;ź

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

Assessment Requirements & Comments Development: (1) identifies any potential significant adverse environmental impacts on matters of state environmental significance, and

Page 27

Mareeba Shire Council - Agenda (a) operational work, or

Wednesday 04 March 2015

(2) manages the significant adverse environmental impacts on matters of state environment significance by, in order of priority:

(b) a material change of use other than for a dwelling house, or

(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 land contains an area of MSES - Regulated Vegetation which follows an unnamed watercourse located immediately to the south of the southernmost cluster of buildings. The proposed development will not result in the clearing of this vegetation.

Water quality

N/A

Development:

Receiving waters - a development application for any of the following: (1)

(1) avoids or otherwise minimises adverse impacts on the environmental values of receiving waters, arising from:

a material change of use for urban purposes that involves a land area greater than 2500 square metres that:

(a) altered stormwater quality or flow, and

(a) will result in an impervious area greater than 25 per cent of the net developable area, or

(b) wastewater (other than contaminated stormwater and sewage), and (c) the creation or expansion of non-tidal artificial waterways, and

(b) will result in six or more dwellings, or (2)

(3)

Receiving waters

(2) complies with the SPP code: Water quality (Appendix 2).

reconfiguring a lot for urban purposes that involves a land area greater than 2500 square metres and will result in six or more lots, or

Comment The amount of impervious area involved in the proposed development will not reach anywhere close to 25% of the net developable area.

operational works for urban purposes that involve disturbing more than 2500 square metres of land.

The number of dwelling houses on the site will not exceed three (2 residential units and 1 dwelling house). The 2 dwellings to be used as residential units are existing. Natural hazards

ď&#x192;ź

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.

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

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Mareeba Shire Council - Agenda

Wednesday 04 March 2015 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 predicted flood impact area for Tinaroo Creek affects that part of the subject land immediately adjacent to Tinaroo Creek. Those areas proposed for development under this application are above the predicted flood impact area. The existing and proposed building are not located on land with a slope of 15% or greater. All existing buildings and infrastructure are located within the Low Bushfire Hazard area as mapped by the planning scheme. The proposed new dwelling to be sited in the southern portion of the site would be located within an area of Medium Bushfire Hazard. The development can be conditioned to comply.

(c)

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

Relevant Desired Environmental Outcomes DEO

(c)

(d)

Complies

Comments

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.

ď&#x192;ź

The proposed development does not require further vegetation clearing or significant earthworks.

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

ď&#x192;ź

No aspect of the proposed development is likely to lead to air, water or other pollution. The majority of the site, with the exception of the land immediately surrounding the drainage lines, is mapped as Good Quality Agricultural Land by the planning scheme. Existing on site agricultural activities (fruit orchard & eucalypt plantation) will be retained. The proposed camping area will be located on GQAL. The camping area and associated infrastructure (relocatable ablutions block) can be removed at minimal cost, to enable this land to revert to agricultural purposes use if the need arises. All other proposed uses will make use

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of existing buildings or where new buildings are proposed, they will be collocated with the existing buildings. The proposed development will not result in a loss of GQAL above the level that has previously occurred with the operation of the TAFE college. (g)

The standard and location of the built environment, particularly in Mareeba and Kuranda, minimise the use of nonrenewable resources, having regard to associated wastewater and effluent disposal infrastructure.



Water supply is intended via a combination of rainwater harvesting (0.6ML), irrigation allocation (2ML) and bore water (3ML). The water will be adequately treated to ensure potability. Effluent disposal is intended via on site treatment and disposal via Wisconsin mound.

(h)

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



The proposed development will increase the level of services and facilities available to the community.

(i)

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



The subject land is not serviced by reticulated water and sewerage infrastructure. Nor is the land located in the vicinity of an airport or railway line. Tinaroo Creek Road between the Kennedy Highway and the subject land is already constructed to two lane bitumen sealed standard. PDR Engineers have conducted a Traffic Analysis for the development and are predicting that the annual traffic generation is not likely to exceed the annual traffic for the former TAFE college when it was at its peak. Whilst the annual traffic movements may not be higher, the nature of the vehicles accessing the site will be different. The size of caravans and motorhomes is greater than the conventional vehicles which would have made up the majority of traffic in previous uses. In response the development has been assessed by Council's Civil Engineer and it is recommended that the following safety works on Tinaroo Creek Road be conditioned as part of any

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approval:

(j)

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





A BAR (Basic Right Turn Treatment) on Tinaroo Creek Road for traffic coming from Mareeba turning right into the development, with linemarking as per the Road Planning and Design Manual and the MUTCD.



Widening of the seal on Tinaroo Creek Road on its northern side by 0.5m for 130m commencing at a point approximately 135 metres east of Fichera Road (where the pavement width is narrow).



Resurfacing of the access from the edge of the seal on Tinaroo Creek Road to the property boundary.

The predicted flood impact area for Tinaroo Creek affects that part of the subject land immediately adjacent to Tinaroo Creek. Those areas proposed for development under this application are above the predicted flood impact area.

(n)

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



The application proposes the re-use of the former Mareeba TAFE/Agricultural College buildings and infrastructure which have sat unused for several years. The proposed development would represent a logical and appropriate re-use of the significant infrastructure established on the subject site The use of the site for tourism, accommodation, agriculture and education purposes will assist in the achievement of the DEO.

(q)

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



The application proposes to maintain the existing agricultural activities (fruit orchard and eucalypt plantation) and to diversify by establishing a tourism and educational component on the site. The proposed development consistent with this DEO.

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Mareeba Shire Council - Agenda

(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.



Wednesday 04 March 2015

Tinaroo Creek Road is identified as a heavy vehicle route on Planning Scheme Map R1. Tinaroo Creek Road between the Kennedy Highway and the subject land is already constructed to two lane bitumen sealed standard. PDR Engineers have conducted a Traffic Analysis for the development and are predicting that the annual traffic generation is not likely to exceed the annual traffic for the former TAFE college when it was at its peak. Whilst the annual traffic movements may not be higher, the nature of the vehicles accessing the site will be different. The size of caravans and motorhomes is greater than the conventional vehicles which would have made up the majority of traffic in previous uses. In response the development has been assessed by Council's Civil Engineer and it is recommended that the following safety works on Tinaroo Creek Road be conditioned as part of any approval:

Page 32



A BAR (Basic Right Turn Treatment) on Tinaroo Creek Road for traffic coming from Mareeba turning right into the development, with linemarking as per the Road Planning and Design Manual and the MUTCD.



Widening of the seal on Tinaroo Creek Road on its northern side by 0.5m for 130m commencing at a point approximately 135 metres east of Fichera Road (where the pavement width is narrow).



Resurfacing of the access from the edge of the seal on Tinaroo Creek Road to the property boundary.

Mareeba Shire Council - Agenda

Wednesday 04 March 2015

Relevant Development Codes The following Development Codes are considered to be applicable to the assessment of the application: Part 4, Division 14 Part 5, Division 8 Part 6, Division 5 Part 6, Division 11 Part 6, Division 13 Part 6, Division 14 Part 6, Division 15 Part 6, Division 18

Rural Zone Code Natural Disaster - Bushfire Overlay Code Car Parking Code Host Farm Code Dwelling House Code Tourist Facility Code Landscaping Code Short Term Accommodation 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. Relevant Codes Rural Zone Code

Comments The application complies with applicable acceptable/probable solutions/performance criteria apart from the following: ď&#x201A;§ď&#x20AC; Residential Units are listed as an inconsistent land use in the Rural zone. Refer to planning discussion section of report.

Natural Disaster - Bushfire Overlay Code Car Parking Code Host Farm Code Dwelling House Code Tourist Facility Code Landscaping Code Short Term Accommodation Code (e)

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 specific outcomes/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. 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)

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Water supply is intended via a combination of rainwater harvesting (0.6ML), irrigation allocation (2ML) and bore water (3ML). The water will be adequately treated to ensure portability. No. 4 - Development Manual The proposed development can be conditioned to ensure all development works are designed and constructed in accordance with the FNQROC Development Manual. (f)

Adopted Infrastructure Charges Notice

Water Supply The proposed development is not connected to Council's reticulated water supply network. A contribution is not payable in this instance. Sewerage Supply The proposed development is not connected to Council's reticulated sewerage network. A contribution is not payable in this instance. Roadworks PDR Engineers (Alan McPherson) have conducted a Traffic Analysis for the development and are predicting that the annual traffic generation is not likely to exceed the annual traffic for the former TAFE college when it was at its peak. Council officers do not dispute the methodology used by PDR Engineer or the assumptions reached. Council officers are recommending that the development be conditioned to widen 130 metres of Tinaroo Creek Road external to the site. Based on the predicted nil increase in traffic movements and the proposed external widening works, a further contribution under Planning Scheme Policy No. 6 - Augmentation of the Road Network is not supported. REFERRALS Concurrence The application triggered referral to the Department of State Development, Infrastructure and Planning as a Concurrence Agency for State controlled roads. That Department advised in a letter dated 17 December 2014 that they require the conditions to be attached to any approval (Attachment 2). Advice This application did not trigger referral to any Advice Agencies.

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Internal Consultation Tinaroo Creek Road between the Kennedy Highway and the subject land is already constructed to two (2) lane bitumen sealed standard. PDR Engineers have conducted a Traffic Analysis for the development and are predicting that the annual traffic generation is not likely to exceed the annual traffic for the former TAFE college when it was at its peak. Whilst the annual traffic movements may not be higher, the nature of the vehicles accessing the site will be different. The size of caravans and motorhomes is greater than the conventional vehicles which would have made up the majority of traffic in previous uses. In response the development has been assessed by Council's Civil Engineer and it is recommended that the following safety works on Tinaroo Creek Road be conditioned as part of any approval:  A BAR (Basic Right Turn Treatment) on Tinaroo Creek Road for traffic coming from Mareeba turning right into the development, with linemarking as per the Road Planning and Design Manual and the MUTCD.  Widening of the seal on Tinaroo Creek Road on its northern side by 0.5m for 130m commencing at a point approximately 135 metres east of Fichera Road (where the pavement width is narrow).  Resurfacing of the access from the edge of the seal on Tinaroo Creek Road to the property boundary. PUBLIC NOTIFICATION The development proposal was placed on public notification from 18 December 2014 to 27 January 2015. The applicant submitted the notice of compliance on 28 January 2015 advising that the public notification requirements were carried out in accordance with the requirements of the Act. Two (2) properly made submissions were received. The grounds for objection/support are summarised and commented on below: Grounds for objection /support Adjoining farmer does not oppose development but requests that visitors be made aware of agricultural activities in the area and accept these activities.

Comment This request is considered reasonable and Council can condition the developer to require the erection of a sign at the entrance to the site informing visitors of the agricultural activities. The following wording is considered appropriate: This land is zoned Rural under the Mareeba Shire Planning Scheme 2004 and is in a Rural zoned locality. Take note:

Page 35

The locality may be used for intensive rural uses;

The land and its occupants may experience off site rural activity effects, including noise, sprays and dust that may cause a loss of residential amenity. Existing and/or self-assessable

Mareeba Shire Council - Agenda

Grounds for objection /support

Wednesday 04 March 2015

Comment agricultural and rural uses in the locality have a â&#x20AC;&#x2DC;right to farmâ&#x20AC;&#x2122; or a right to legally continue the use.

The change of use from agricultural training to high density accommodation is incompatible with the rural zone.

The development has been assessed against the relevant planning instruments and no significant conflicts have been identified. The proposed development adequately addresses the protection of GQAL and the buffering of neighbouring agricultural activities. Of the uses proposed for the site, residential units are the only use listed by the Planning Scheme as being an inconsistent use in the Rural zone. Both dwelling houses to be used as residential units already exist on the subject land. The application simply seeks to lawfully continue the occupation of both dwelling houses as was previously permitted during the operation of the former Mareeba TAFE/Agricultural College. The proposed development, on this particular site, is not considered to be incompatible with the rural zone.

There is not adequate on site waste water treatment and disposal to cater for up to 300-350 people.

The subject land has an area of 50.7 hectares, which is more than adequate to provide for a compliant on site effluent disposal system.

Submitter advises that insufficient information is available to assess adequacy of proposed on site effluent disposal method and as such development may pose a risk to the environment.

Any development approval will be conditioned to require the on-site effluent disposal system to be constructed in compliance with the latest version On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of the Councilâ&#x20AC;&#x2122;s delegated officer.

The placement of 'wisconsin' treatment mounds at the front of the subject land may be harmful to existing vegetation (excess nutrients) and lead to the introduction of weeds.

The performance of the effluent treatment system will need to comply with the relevant standards.

The mounds will also negatively impact on the visual amenity of road users.

The placement of relocatable toilet blocks in the camping area at the front of the property is not in keeping with the rural landscape and may threaten visual amenity.

Similarly, a condition of any development approval will require the applicant to ensure any vegetated buffering is protected and maintained for the life of the development. The Wisconsin mounds are generally covered by grass and should have the same appearance as any other grassed mound. Vegetated buffering is proposed either side of the mound further softening its appearance. The mounds are not likely to be detrimental to the visual amenity of road users.

The location of the toilet block is determined by the location of the camping ground. The proposed camping area is sited on a flat and unconstrained area, close to other facilities (pool, kiosk, playground, laundry) which will be constructed in the northern precinct. The applicant proposes to screen the camping area by establishing 5 to 10 metre width of vegetated buffering along the Tinaroo Creek Road frontage of the camping area. This additional buffering and the extent of the current vegetation located both on the subject site and within the Tinaroo Creek Road reserve provides sufficient screening to maintain an acceptable level of visual amenity.

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Mareeba Shire Council - Agenda

Grounds for objection /support

Wednesday 04 March 2015

Comment

Demountable/relocatable buildings may devalue the properties in the area and raises doubts about the applicants long term commitment to the project.

The proposed camping area will be located on GQAL. The camping area and ablutions block are relocatable so that they can be removed at minimal cost, to enable this land to revert to agricultural purposes use if the need arises.

The siting of the camping ground at the front of the subject land does not add to the rural landscape.

The applicant proposes to screen the camping area by establishing 5 to 10 metre width of vegetated buffering along the Tinaroo Creek Road frontage of the camping area. This additional buffering and the extent of the current vegetation located both on the subject site and within the Tinaroo Creek Road reserve provides sufficient screening to maintain an acceptable level of visual amenity.

The applicant has not addressed the servicing needs of the development effluent disposal, rubbish collection, roads, public lighting, electricity, storm water and dispute handling.

The applicant has satisfactorily addressed the relevant planning instruments. If the development is approved, it will be subject to conditions relating to the relevant servicing needs.

Budget accommodation can bring lower socio-economic clientele and associated problems.

There will be a range of short term accommodation types to cater for travellers. Short term accommodation is limited to a maximum stay of three months. The planning scheme does not discriminate on a person's socio-economic status.

The congregation of a large number of people in one place can lead to noise, nuisance, crime and increased traffic.

There is no evidence to suggest that the proposed development will lead to noise, nuisance, crime and increased traffic. None of the activities proposed on the site are significant noise sources or particularly likely to create an ongoing nuisance. It is not accepted that the proposed development will generate a higher level of criminality than already found throughout society. The traffic impacts have been discussed previously and there is no reason to expect overall traffic movements will be significantly different to the previous educational use of the subject land.

Potential to lower land values.

Whilst this is a frequent ground of objection, it is not a valid planning consideration. Council is required to assess the appropriateness of the proposed development on the subject land, not to speculate what may or may not happen with land values.

Submitter questions the applicants ability to sufficiently fund the development and has concerns that any development may end up poorly constructed.

Not a planning consideration. Council is not required to determine the financial capacity of an applicant as part of the development assessment process.

Existing buildings contain asbestos.

Any works to buildings containing asbestos must be undertaken by suitably licensed contractors. This is mandated by Queensland Law.

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Grounds for objection /support The application does not state that GQAL will be farmed.

Wednesday 04 March 2015

Comment There is no obligation on any landowner to farm GQAL. The planning consideration is only to ensure the development does not compromise the ability to farm the GQAL. As discussed in the report, the proposed development is not considered to adversely impact on the GQAL resource.

The 201 car parking spaces will require a large hardstand area. The hardstand area for the camping ground/caravans is not shown.

43 of the car parking spaces will be sealed. This sealed area already exists on site. The remaining car parking spaces will be gravelled or in the case of the camping area, grassed.

Submitter believes that traffic estimates of previous education use are higher than they actually were.

The traffic assessment was undertaken by PDR Engineers, specifically Alan McPherson. The traffic assessment was assessed and accepted by the Department of Transport and Main Roads and Council's civil engineer.

The downturn in the agricultural training sector may only be temporary and the removal of the property for this purpose may cause future issues.

The subject land was sold by the Queensland Government to the applicants. Council is not able to refuse the proposed development on the basis that the land may be used for agricultural training in the future.

The public notice was poorly placed on the Tinaroo Creek Road frontage (ie not on access driveway) and public notification occurred over the Christmas holiday period.

The Sustainable Planning Regulation requires the public notice sign to be placed on the frontage of the subject land. The regulation does not specify that the sign needs to be placed adjacent to the site's driveway. The decision to commence public notification immediately before Christmas was due to the timing of the concurrence agency response which was received on 17 December 2014. Under the Act, the period between 20 December and 5 January is excluded from the 15 business day public notification period. There is no other limitation on public notification over the Christmas period.

Victor G Feros Town Planning Consultants, on behalf of the applicants, have submitted a comprehensive response to the submissions. This response is included as Attachment 4. Submitters Name of principal submitter

Address

J & DK Caamano-Bermudez

22 Leonardi Road, Mareeba (PO Box 1509, Mareeba)

D Cochrane & C Roberts

144 Cobra Road, Mareeba (PO Box 162, Mareeba)

PLANNING DISCUSSION The only minor conflict identified during the assessment of the proposed development is that residential units are listed as an inconsistent land use with in the Rural zone.

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Both dwelling houses to be used as residential units already exist on the subject land. The application simply seeks to lawfully continue the occupation of both dwelling houses as was previously permitted during the operation of the former Mareeba TAFE/Agricultural College. This minor conflict is not considered sufficient to justify refusing the residential unit aspect of the development. Date Prepared:

23 February 2015

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ATTACHMENT 1 PROPOSAL PLAN/S (ECM VS 3615356)

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ATTACHMENT 2

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ATTACHMENT 3

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ATTACHMENT 4

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ITEM-2

Wednesday 04 March 2015

KANJINI CO-OP LTD - MATERIAL CHANGE OF USE CARETAKER'S RESIDENCES (X2) AND CARAVAN PARK (BUSH CAMPING) LOT 68 RP896905 - 545 KAY ROAD, MAREEBA - DA/14/0054

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 March 2015

REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT:

Corporate and Community Services APPLICATION DETAILS

APPLICANT

APPLICATION Kanjini Co-Op Ltd

PREMISES ADDRESS 545 Kay Road, Mareeba RPD Lot 68 on RP896905

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

15 October 2014 Development Permit

FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

AREA DA/14/0054 1,683.1 Ha OWNER Twine Surveys Pty Ltd Kanjini Co-Op Ltd Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ATTACHMENTS:

Material Change of Use - Caretaker's Residences (x2) and Caravan Park (bush camping)

Rural Impact Assessment Three (3) Submissions

1. 2. 3. 4.

Proposal Plan/s Submitter letters Department of State Development, Infrastructure and Planning Referral Agency response dated 25 November 2014 Powerlink Qld Advice Agency response dated 26 November 2014

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EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is impact assessable and was therefore required to undergo public notification which attracted three (3) submitters, two of which were in support of the development. The applicants propose the establishment of two caretaker's residences, one at each of the site's two primary points of access, these being from Emerald Falls Road and Kay Road. Also proposed is the establishment of eleven (11) bush camping sites spread across the 1,683.1 Ha property. The proposed campsites will be remote and relatively un-serviced, providing for campers, adventurers and the like seeking a remote wilderness camping experience. The applicants have stated that the caretaker's residences are primarily required for security, as the site has a long history of trespassing. The caretaker's residences will also play an active role in the upkeep of the property and management of the proposed camping facilities. 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 does not conflict with any relevant planning instrument. The key issue with the proposed development is the management of effluent disposal at each of the 11 remote campsites. It is considered that this issue can be adequately managed provided reasonable and relevant conditions are applied. The application is recommended for approval, subject to conditions.

OFFICER'S RECOMMENDATION "1.

That in relation to the following development application:

APPLICANT DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

APPLICATION Kanjini Co-Op Ltd 15 October 2014 Development Permit

ADDRESS RPD

PREMISES 545 Kay Road, Mareeba Lot 68 on RP896905

Material Change of Use - Caretaker's Residences (x2) and Caravan Park (bush camping)

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 managerâ&#x20AC;&#x2122;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);

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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 Caretaker's Residences (x2) and Caravan Park (bush camping)

(B)

APPROVED PLANS: Plan/Document Number

(C)

Plan/Document Title

Prepared by

Dated

Twine Surveys Pty Ltd

A101

Floor Plan

14/08/14

A103

3D Views

14/08/14

Twine Surveys Pty Ltd

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme

Development must be carried out substantially in accordance with the approved plans and the facts and circumstances of the use as submitted with the application, subject to any alterations: -

found necessary by Council’s delegated officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements; and to ensure compliance with the following conditions of approval.

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 for each stage, except where specified otherwise in these conditions of approval.

2.2

General 3.1

The development approval would not have been issued if not for the conditions requiring the construction of infrastructure or the additional payment condition within these conditions of approval. Page 83

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3.2

3.3

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

3.4

All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Councilâ&#x20AC;&#x2122;s delegated officer.

3.5

The caretaker's residences shall not be used for any other purpose, including rental to any person who is not a caretaker of the subject site. Upon request by Council, the applicant/owner shall be responsible for providing an annual return or signed declaration to Council, which demonstrates that the occupants of the caretaker's residences have been employed in accordance with the conditions of this approval, to the satisfaction of Council's delegated officer. The return shall include the names of staff employed, and, employment and wage records (if applicable). Please note, providing a caretaker and their immediate family (if any) with rent free accommodation in lieu of providing caretaking services on the subject site is acceptable by Council, provided evidence of such an agreement can be supplied upon Council's request.

3.6

Bushfire Management 3.6.1

3.6.2

Each caretaker's residence shall: -

achieve setbacks from hazardous vegetation of 1.5 times the predominant mature canopy tree height or 10 metres, whichever is greater; and

be provided with a source of water for firefighting purposes of not less than 5,000 litres, with a 50mm male camlock fitting where necessary, to be provided at time of construction of each caretaker's residence.

A Bushfire Management Plan will be prepared to the satisfaction of Council's delegated officer. The Management Plan shall address both the caretaker's residences and the bush camping facilities and should include evacuation procedures for the proposed campsites as well as strategies to minimise the risk of bushfire from camping activities. The approved uses must comply with the requirements of the Management Plan at all times.

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3.7

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Waste Management On site refuse storage area/s must be provided and be screened from view from adjoining properties and road reserve by 1 metre wide landscaped screening buffer, 1.8m high solid fence or building. All domestic waste shall be removed from the subject land and disposed of at a licensed landfill.

3.8

Flood Immunity All buildings must be located such that the freeboard of the floor levels of all habitable rooms is a minimum of 300mm above 100 ARI year level.

3.9

Length of Stay The maximum length of stay for each campsite must not exceed 3 consecutive months.

3.10 Signage

3.10.1

No more than 1 sign per road frontage shall be erected on the subject land to advertise the approved use (Kay Road, Emerald Falls Road).

3.10.2

Signage must be kept clean, in good order and safe repair for the life of the approval.

3.10.3

Signage must be removed when no longer required.

Infrastructure Services and Standards 4.1

Access Works/Upgrades Prior to the commencement of any aspect of the use where Kay Road is used as a point of access, the existing Kay Road access crossover is to be constructed/upgraded (from the edge of the road pavement to the property boundary) in accordance with the FNQROC Development Manual, to the satisfaction of Council's delegated officer. Prior to the commencement of any aspect of the use where Emerald Falls Road is used as a point of access, the existing access crossover is to be constructed/upgraded (from the edge of the road pavement to the property boundary) in accordance with the FNQROC Development Manual, to the satisfaction of Council's delegated officer.

4.2

Non-Reticulated Water Supply (for caretaker's residences only) 4.2.1

Each caretaker's residence must be provided with a potable water supply that can satisfy the standards for drinking water set by the Australian Drinking Water Guidelines 2004 (National Health and Medical Research Council and the National Resource Management Ministerial Council). Page 85

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4.2.2

4.3

4.4

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Any water supply provided for the camping sites must be clearly identified by appropriate signage stating whether the water supply is potable or non-potable.

Stormwater Drainage/Water Quality 4.3.1

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

4.3.2

All stormwater drainage must be collected from site and discharged to an approved legal point of discharge.

On-Site Sewerage Disposal 4.4.1

At time of construction of each caretaker's residence, the associated on-site effluent disposal system must be constructed in accordance with the latest version On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of Council's delegated officer. Effluent disposal systems mentioned in Condition 4.4.2 are not permitted to be used for either caretaker's residence.

4.4.2

Prior to the commencement of the use of each stage of the camping facilities, on-site effluent disposal must be achieved at each campsite within that particular stage, either via pit/drop toilets or batch composting toilets, to the satisfaction of Council's delegated officer. The method of effluent disposal must be constructed in accordance with the fact sheets and standard drawings as submitted in the applicants response to Council's Information Request dated 23 December 2014, and must be setback an appropriate distance from any seasonal or perennial watercourse, to the satisfaction of Council's delegated officer. Any areas used for the storage of batch composting toilet bins or any materials associated with the approved effluent disposal systems must be screened from view from adjoining properties and road reserve by 1 metre wide landscaped screening buffer, 1.8m high solid fence or building.

4.5

Car Parking/Internal Driveways 4.5.1

Each caretaker's residence must be provided with at least one (1) on-site covered carpark.

4.5.2

All internal access tracks are to be graded to a usable standard and are to be surface treated and maintained so that the risk and consequence of erosion is minimised, to the satisfaction of Council's delegated officer.

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Where access tracks are suitable for four wheel drive vehicles only, signage should be erected in plain sight at the commencement of the track/s to notify campers/drivers. 5.

Additional Payment Contribution (section 650 of the Sustainable Planning Act 2009) Significant lengths of Kay Road and Emerald Falls Road are currently constructed to an unsealed gravel standard. The proposed development will further add to the expected daily vehicle movements on these unsealed roads. 5.1

In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, the following additional payment is required towards the future upgrading of the external road network:

Infrastructure Charge

Rate

Current Amount of Charge

Stage 1 - 1 caretaker's residence & camp sites 1 - 6 Augmentation of the Road Network Contributions (Mareeba East)

1.28 x $4,170.00

$5,337.60

Stage 2 - 1 caretaker's residence & campsites 7 - 11 Augmentation of the Road Network Contributions (Mareeba East) TOTAL CURRENT AMOUNT OF CHARGE

1.22 x $4,170.00

$5,087.40 $10,425.00

5.2

The additional payment here applies for material change of use. As such the additional payment becomes payable prior to commencement of the use for each stage.

5.3

Until paid in full, the amount of the additional payment will be increased on 1 July each year in accordance with the increase for the PPI index for the period starting on the day the development approval takes effect, adjusted by reference to the 3-yearly PPI index average.

5.4

Instead of making the additional payment required under 5.1, the applicant may upgrade a 260 metre section of Kay Road and a 450 metre section of Emerald Falls Road (location to be determined by Council's delegated officer) to FNQROC Development Manual Standards (Class <100VPD Table D1.4), 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/developer choose to construct these works, the works must be completed to the satisfaction of Council's delegated officer as follows: ď&#x201A;ˇď&#x20AC;

Kay Road upgrade - Prior to the commencement of use for Stage 1. Page 87

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

(D)

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Emerald Falls Road - Prior to the commencement of the use for Stage 2.

ASSESSMENT MANAGER’S ADVICE (a)

A number of other charges or payments may be payable as conditions of approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

(b)

(c)

(d)

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)

Motor Home Park/Caravan Park/Camping Ground The applicant is advised that an application to Council for approval to operate under Council's Local Law No 1 (Administration) 2011 is required prior to the commencement of the camping facilities.

(E)

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

(F)

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

Material Change of Use – four (4) years (starting the day the approval takes effect); Page 88

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(G)

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OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS  Development Permit for Building Work

(H)

OTHER APPROVALS REQUIRED FROM COUNCIL  Compliance Permit for Plumbing and Drainage Work  Access approval arising from condition number 4.1 (Please contact Council’s Urban & Regional Planning Group to obtain application form and applicable fee)."

THE SITE The subject site is situated at the end of both Kay Road and Emerald Falls Road and is described as Lot 68 on RP896905, Parish of Danbulla, County of Nares. The site has a total area of 1,683.1 hectares and is zoned Rural under the Mareeba Shire Planning Scheme. A 2 hectare portion of the site has been severed from the eastern side of the main lot area by an undeveloped section of road reserve. A small portion of the site (approx. 6 hectares) is mapped as Good Quality Agricultural Land. The site contains approximately 380 metres of frontage to Emerald Falls Road, approximately 900 metres of frontage to Adler Hill Road and approximately 1.3 km of frontage to undeveloped road reserve as mentioned above.

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The site also has frontage to Kay Road which terminates at the subject site. Kay Road, Adler Hill Road and Emerald Falls Road are all constructed to a formed gravel standard leading up to the site. The site contains an undulating topography leading up to significant mountain ranges at the rear (Dinden National Park). Topographical maps of the site identify two significant landscape features, these being Mt Turtle and an outcrop known as Ogs Brow with elevations of 936 metres and 892 metres respectively. The site is traversed by Emerald Creek along its western boundary and Brindle Creek which meanders through the centre of the site. The site is improved by a single shed in proximity to the sites Kay Road access and three other sheds in proximity to the sites Emerald Falls Road access. A high voltage electricity easement also traverses the site.

BACKGROUND AND CONTEXT Nil

PREVIOUS APPLICATIONS & APPROVALS Nil

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DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use Caretaker's Residence (x2) and Caravan Park (bush camping) in accordance with the plans shown in Attachment 1. The applicants propose the erection of two caretaker's residences provided over two stages at each entrance of the site. The applicants have stated that the caretaker's residences are required for general maintenance on the property, to help administer the proposed camping facilities (discussed below) and for security and general surveillance of the property. The first stage (stage 1) comprises the construction of the proposed caretaker's residence adjacent the site's Kay Road entrance. Stage 2 will involve the construction of the second caretaker's residence located at the Emerald Falls Road entrance to the site and is likely to be constructed within two years of the first residence being constructed. In addition to the caretaker's residences, the applicants also propose the establishment of eleven (11) camping sites over the two stages, to be spread broadly across the site. Campsites 1 - 6 will be provided in stage 1 while campsites 7 - 11 will be provided in stage 2 depending on the success, practices and outcomes of stage 1. It is noted that campsites 1 and 2 will rarely be used by the public as these sites are frequently used by the applicants (Kanjini Co-Op members). Each camping site will generally comprise of a 50m2 area, naturally cleared, and will be provided free from structures. Given the isolation of each campsite, no services will be provided at any of the 11 campsites with the exception of effluent disposal which will be achieved by means of either pit/drop toilets or batch composting toilets, both of which are considered acceptable in remote areas (Australian Government - Department of Health website). Access to all campsites (stage 1 and 2), other than campsite 2, will be accessed via Kay Road (to be monitored by stage 1 caretaker's residence). Campsite 2 will be accessed via Emerald Falls Road, however, as previously noted; campsite 2 will rarely be used by the public. The applicants have noted that the campsites will generally be restricted to a maximum of 1 3 vehicles at any one time, dependent on the campsites size and geography. It is understood the campsites will be available on a seasonal basis given the access issues that may arise during the wet season and fire risk during the dry season. The campsites will most likely be used by campers, adventurers and the like, seeking a secluded wilderness camping experience. Each camp party will be required to bring in all necessities and will be required to take out all rubbish. It is understood that some of the campsites are accessible by four wheel drive vehicle only.

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- â&#x20AC;&#x2DC;Areas of Ecological Significanceâ&#x20AC;&#x2122; also identifies the site as containing: Strategic Rehabilitation Area State & Regional Conservation Corridors Wetland Area of General Ecological Significance Page 91

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Terrestrial Area of High Ecological Significance Terrestrial Area of General Ecological Significance

PLANNING SCHEME DESIGNATIONS Strategic Framework designation:

Mareeba Dimbulah Irrigation Area

Zone:

Rural

Overlays

Natural Disaster - Bushfire Overlay

Planning Scheme Definitions The proposed use is defined as:"Caretaker's residence means a dwelling house used for caretaking purposes in connection with a non-residential use on the same site. This term includes a dwelling house provided for an employee who is required to be accommodated on the same site as the particular purpose in which he or she is employed, together with his or her family." "Caravan park means the use of premises for the parking of caravans, recreational vehicles or relocatable homes and the like, holiday cabins (and other moveable dwellings) and camping sites for use by both the travelling public and long term park residents. The term does not include Motor Home Park as otherwise defined." RELEVENT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:(a)

Far North Queensland Regional Plan 2009-2031

Complies

Comments Complies - The majority of the site is listed as terrestrial area of general ecological significance with a small portion of the site mapped as high ecological significance. The proposed caretaker's residences and camp sites will be situated outside these areas of high ecological significance. Complies - The proposed caretaker's residences and campsites will be located as to avoid any areas mapped as high ecological significance and will be sited, where practically possible, in already cleared locations throughout the site. Complies - The proposed caretaker's residences and campsites will be situated, where practically possible, in

1.1.1

Urban development within the regional landscape and rural production area is located outside of areas of high ecological significance (see map 3).



1.1.3

Urban development adjacent to areas of high ecological significance (see map 3) is located, designed, operated and setback to avoid adverse impacts on the area’s ecological values. Urban development in or adjacent to areas of general ecological significance



1.1.4



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1.1.5

(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. Urban development on a lot that is within a strategic rehabilitation area results in improved ecological connectivity or habitat extent within that lot.

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already cleared portions of the site and will be built and operated to minimise adverse impacts on the sites ecological values. Access roads to each of the 11 campsites already exist.



Complies - The proposed development is not likely to compromise the connectivity of scattered habitat throughout the site. Revegetation is not considered necessary in this instance.

DRO 2.1 Regional Landscape Values Land Use Policy 2.1.1

Complies

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

Comments



Complies

DRO 5.5 Tourist Development Land Use Policy 5.5.2

5.5.3

Tourist development, including development that incorporates shortterm accommodation for tourists, may be undertaken within the regional landscape and rural production area where there is an identified need in a subregion and the accommodation: (a) is of a nature and scale that is sympathetic to the maintenance of the regional landscape and rural production values (b) minimises the impact on goodquality agricultural land (c) avoids areas of high ecological significance and coastal hill slopes and headlands (see sections 1.1 and 2.3). Where tourist development is located within a strategic rehabilitation area, the development should result in an increase in ecological connectivity or habitat extent through rehabilitation of native vegetation cover.

Complies

Comments



Complies - The proposed camp sites will provide short term accommodation only and will be of a nature and scale that is sympathetic to the maintenance of the RLRPA, will not impact on GQAL, and avoids areas of high ecological significance.



Two of the proposed eleven campsites are situated within a strategic rehabilitation area. The proposed campsites will be established on already cleared areas of the site and will be operated as to avoid any adverse impact on the sites ecological significance. It is considered the development is of a scale that does not warrant native vegetation rehabilitation.

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

Complies

Comments



Complies - The proposed caretaker's residences will both be provided with standard on-site effluent disposal systems. The proposed campsites will be provided with either pit/drop toilets or batching toilets which are both considered acceptable in remote locations. These systems will be constructed to the satisfaction of Council's plumbing inspector and will be setback an appropriate distance from any of the sites seasonal and perennial watercourses. Additionally, the campsites will be managed to ensure campers remove all rubbish from designated campsites.

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(b)

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State Planning Policy

The Department of State Development, Infrastructure and Planning has 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. An officer assessment of the proposed development against the provisions contained within the SPP has been undertaken and it is not considered to be in conflict with any relevant aspect of the SPP. Queensland State Planning Policy - December 2013 State Interest Biodiversity

Complies ď&#x192;ź

Assessment Requirements & Comments 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

(a) operational work, or

(2) manages the significant adverse environmental impacts on matters of state environment significance by, in order of priority:

(b) a material change of use other than for a dwelling house, or

(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 Complies - The proposed development is for two caretaker's residences and 11 bush camping sites. The camping sites will be spread across the site and will be situated, where practically possible, in already cleared sections of the site. Vehicle tracks to each campsite already exist. The proposed camping facilities will be operated as to avoid any adverse environmental impacts and each campsite will be supplied with an acceptable means of effluent disposal which will be setback an appropriate distance from any waterway. The development does not involve any significant vegetation clearing, therefore offsets are not considered necessary in this instance.

Natural hazards

ď&#x192;ź

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.

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(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 Complies - Each of the proposed caretaker's residences will be conditioned to be setback from hazardous vegetation and will need to be supplied with an appropriate water supply for firefighting purposes. Each caretaker's residence will be accessible to emergency services vehicles. The proposed campsites will be scattered across the site and it is understood a number of the sites will be accessible by 4 wheel drive only. The campsites are provided free from any permanent structures and are available for short term use only. The applicants have stated that the campsite facilities will not be in use during the driest parts of the year. Any approval will have conditions attached requiring the submission of a bushfire management plan.

(c)

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

Relevant Desired Environmental Outcomes DEO

Complies

Comments

(a)

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



Complies - The proposed development will not involve any significant vegetation clearing and is not likely to detrimentally impact on the site's ecological values.

(c)



Complies - The proposed development will not involve any significant vegetation clearing. Both caretaker's residences and all 11 campsites will be conditioned to be provided with an appropriate means of effluent disposal. Erosion, dust and pollutants are not considered a relevant concern in this case, given the nature of the development.

(h)

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



Complies - The proposed bush camping facilities will be available for use by tourists and locals and will provide users with an environmentally friendly secluded wilderness camping experience.

(n)

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



The subject site is situated within driving distance of the Mareeba Township and is the closest service centre. The proposed development is not likely to detract from Mareeba's role as the Shire's main business/economic centre.

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(q)

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



Wednesday 04 March 2015

The proposed bush camping facilities are a form of ecotourism and will be managed to have minimal impact on the ecological attributes of the site.

Rural Zone Code Natural Disaster - Bushfire Overlay Code Car Parking Code Tourist Facility Code Landscaping Code Caretaker's Residence Code

Comments The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code. The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code. The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code, apart from the following:  Acceptable Solution AS6 Refer to planning discussion section of report.

Tourist Facility Code

The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code, apart from the following:  Probable Solution PS4.1  Probable Solution PS4.2  Probable Solution PS4.4 Refer to planning discussion section of report.

Landscaping Code

The proposed development is for two caretaker's residences and 11 remote bush campsites. The proposed campsites will be scattered across the site and will be set amongst existing mature vegetation. The campsites will be unimproved with the exception of a pit/drop toilet or batch composting toilet at each site. Given the extensive mature vegetation on site it is considered the proposed caretaker's residences and campsites will be adequately screened from view of Page 96

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neighbouring infrastructure.

properties

Wednesday 04 March 2015

and

nearby

road

transport

Landscaping is not considered necessary in this instance. Caretaker's Code

Residence

The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code, apart from the following: ď&#x201A;§ď&#x20AC; Probable Solution PS1 Refer to planning discussion section of report.

(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) A condition will be attached to any approval requiring the applicant/developer provide a potable water supply for the caretaker's residences only. No water supply is proposed to the 11 bush campsites. No. 4 - Development Manual All development works will be conditioned to comply with the FNQROC Development Manual. (f)

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

The subject land is located outside the identified Priority Infrastructure Area (PIA). Section 650 of SPA allows Council to condition additional trunk infrastructure outside the PIA. Significant lengths of Kay Road and Emerald Falls Road are currently constructed to an unsealed gravel standard. The proposed development will further add to the expected daily vehicle movements on these unsealed roads. In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, it is proposed that the development approval be conditioned to require the applicant to upgrade approximately 260 and 450 metres of Kay Road and Emerald Falls Road respectively, or alternatively pay a contribution in lieu of constructing this infrastructure. The methodologies for calculating the Augmentation of the Road Network Contribution are discussed below: In terms of traffic generation, it is generally accepted that one caretaker's residence would generate the same average daily traffic movements as that of a standard dwelling, this being 10 vehicle movements per day (vmpd). 10 vmpd equates to one standard roads contribution. With regards to predicted traffic generated by the proposed bush camping use, the applicant has provided the following methodology and predicted traffic movements:

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"In relation to vehicle movements over the site for the proposed Camping Sites the CoOp has informed Twine Surveys of the following. It is expected that the Camp Sites will be used mostly on weekends (say 90% of the time) and very rarely during the week. The typical camp site (with the exception of camp 1 and 2) will have only 2 - 3 car spaces and it is expected that people would come in, camp and then leave again (and not go out and come back while camping), giving an expected 2 - 6 movements per site booking over two days giving a maximum of 3 movements per day. Assuming that all Camping Sites are fully booked every weekend containing the maximum amount of vehicles this would equate to a total of less than 1 Contribution for Roadworks. However, access to Camping Sites 5, 7 and 8 is subject to flooding and the Co-Op estimate that these sites will be unavailable for two months per year. Camping Sites 6, 9 and 11 will not be suitable for camping from about October to January due to heat with Camping Sites 3, 4 and 10 will also be unsuitable for the hottest period of approximately two months. Kanjini Co-Op considers to have 8 camping sites available for 10 months of the year and 3 camping sites for 8 months per year. This gives the Co-Op a considered average of occupancy for 39 weeks of the year with an average of 4 movements per camping site per weekend which equates to approximately 1,716 vehicle movements per year (39 weekends x 2 movements per day x 11 sites). Assuming that this figure is increased by 10% to allow for additional non-weekend bookings and we arrive at an estimated 1,887 vehicle movements per year. These figures take into consideration the booking of camp sites 1 and 2 which are intended with the proposal to not be booked as they are generally reserved for the board members and families of the Kanjini Co-Op. If a roadwork contribution of 1 is equivalent to 10 vehicle movements per day then it is understood that this would account for 3,650 vehicle movements per year. The proposed usage, based on the figures provided above, provide for an approximate use of 51.70% of a single road works contribution." This officer considers that the applicant's methodology for calculating predicted increases in traffic as a result of the proposed camping facilities is reasonable. It is therefore accepted that 0.5 of a standard roads contribution (5 vmpd) be applied to the bush camping component of the proposed development. Based on the 2014/2015 Augmentation of the Road Network Contribution rate (see Fees and Charges Schedule), the following contribution is considered appropriate: ď&#x201A;ˇď&#x20AC; 2.5 (25 vmpd) x $4,170.00 = $10,425.00 The required road upgrades or in-lieu contribution have been applied in Condition 5 of the Officer Recommendation. The optional contribution has been split to reflect the intended staging of the development. REFERRALS Concurrence The application triggered referral to the Department of State Development, Infrastructure and Planning as a Concurrence Agency (SARA - DNRM). The Department advised in a letter dated 25 November 2014 that they require the conditions to be attached to any approval (Attachment 3). Page 98

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Advice The application triggered referral to Powerlink QLD as an Advice Agency. Powerlink did not raise any concerns about the proposed development and their standard advice clause (Attachment 4) will be attached to any approval. Internal Consultation Development Engineering - Access Environmental Health - Campsite management / effluent disposal Plumbing - Effluent disposal PUBLIC NOTIFICATION The development proposal was placed on public notification from 9 January 2015 to 4 February 2015. The applicant submitted the notice of compliance on 5 February 2015 advising that the public notification requirements were carried out in accordance with the requirements of the Act. Three (3) properly made submissions were received, two (2) in support of the development and one (1) which identified potential concerns but did not formally object to the development. One submission in support of the development was received outside the public notification timeframe and is therefore considered to be not properly made under the Act. This submission has not been included in the assessment of the application. The submissions are summarised as follows: Support 1.

Both positive submitters noted their support for the proposed camping facilities. Planning Officer Comment: Noted.

Concerns 1.

The Department of Agriculture, Fisheries and Forestry (DAFF) wrote to Council stating that their Department had no direct State interests in the site, but advised Council to assess and determine the likely traffic demand on Council's road network, and the potential implications of dust nuisance to adjacent agriculture and associated freight movements. Planning Officer Comment: Council's assessing officer has considered the additional traffic demand likely to be generated by the proposed uses as outlined in Part (e) of this report. Both the caretaker's residences and bush camping facilities are likely to increase traffic movements along both Kay Road and Emerald Falls Road, as such, the applicant/s is Page 99

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required to pay a reasonable contribution towards future road upgrades, or alternatively, undertake upgrades over sections of both roads. Increased dust nuisance on agricultural uses and associated freight movements as a result of the increase in traffic is not considered to be a significant town planning concern in a rural area. 2.

DAFF also raised concerns with the source and volume of available potable water for the development, and noted that any waterway barrier works (dams/weirs) would require fisheries approval. Planning Officer Comment: Standard conditions will be attached to any approval requiring each caretaker's residence be provided with a source of potable water. It is the applicant's responsibility to gain any additional approvals from the State Government to extract water from any waterway (i.e. Emerald Creek). With the exception of effluent disposal, each of the 11 campsites will be un-serviced with campsite users required to bring in all essentials, including water. Should any campers wish to extract drinking water from any waterway adjacent a campsite, the amount of water is likely to be negligible. No waterway barrier works (dams/weirs) were proposed as part of the development.

Submitters Name of principal submitter 1. 2. 3.

Monika Darrington Department of Agriculture, Fisheries and Forestry Linda Hughes

Address mzidowitz@yahoo.com.au PO Box 1085 Townsville QLD 4810 Lindahughes.re@gmail.com

PLANNING DISCUSSION Noncompliance with the relevant acceptable/probable solutions of the following Codes are summarised as follows: Car Parking Code S6 Car parking spaces are of adequate dimensions and standard to meet user requirements. AS6 Car parking spaces meet the design requirements of Australian Standards AS2890.1 - 1986 and AS2890.2 - 1989 (as amended) provided that the minimum car parking space width is no less than 2.6 metres. Comment A condition will be attached to any approval requiring each caretaker's residence be provided with one undercover car parking space, as dictated by the Caretaker's Residence Code (not nominated in car parking schedule). The proposed bush camping component of the development is not a conventional campground in that it provides 11 remote campsites spread across the 1,683.1 Ha Page 100

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site. With the exception of effluent disposal, the campsites will not be provided with any services, with some sites accessible by four wheel drive only. The camping facilities will be marketed towards people wanting a remote wilderness camping experience and each campsite will be capable of accommodating between 1 and 3 vehicles, depending on the size and geography of each campsite. Considering the nature of the use, designated, sealed car parking is not considered necessary at each campsite. Tourist Facility Code S4

Health, safety and convenience of users The health, safety and convenience of people using the tourist development are maintained with respect to: (i)

pedestrian and vehicle access within, and to and from, the site; and

(ii)

access for emergency services vehicles; and

(iii)

availability of on-site car and bicycle parking; and

(iv)

significant environmental effects of nearby uses.

For caravan parks or camping grounds PS4.1

Internal roads have the following widths: (i)

two way road - six (6) metres;

(ii)

one way road or cul-de-sac - 4 metres

For caravan parks or camping grounds or tourist cabins/units PS4.2

Vehicle entries to and exits from the site meet the following: (i)

for combined entry and exit - 7 metre minimum width;

(ii)

for one way entry - 7 metre minimum width;

(iii)

for one way exit - 5 metre minimum width;

(iv)

vehicle holding area, provided either as a separate bay or as part of a one way entrance road - minimum dimensions of 4 metres by 20 metres;

(v)

for premises which are on or within 100 metres of a state controlled road, only one (1) access is permitted.

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Comment The proposed development is for the provision of 11 remote campsites on a large rural allotment. With the exception of a basic toilet facility at each campsite, the campsites will remain un-serviced with campers required to bring in all necessities. The subject site is accessed from Kay Road and Emerald Falls Road which are both constructed to a formed gravel standard leading up to the site. All internal tracks accessing the designated camp sites are constructed to an unformed gravel standard. The proposed bush camping facilities will cater for people seeking a remote wilderness camping experience with the lack of servicing and poorer access arrangements adding to the experience. The provision of infrastructure mentioned in PS4.1 and PS4.2 would detract from the development concept and undermine the simple, low impact nature of the use. It is considered that specific outcome S1 can be satisfied where relevant. Caretaker's Residence Code S1

Not more than one caretaker's residence is provided on the site, notwithstanding that the site may comprise more than one lot or more than one use. PS1

Only one caretaker's residence is established on the site.

Comment The proposed development includes the construction of two caretaker's residences on one site and is therefore in conflict with probable solution PS1 and specific outcome S1. The proposed caretaker's residences are required for the upkeep of the property but more importantly for security and the management of the proposed camping facilities. The subject site has an area of approximately 1,683 hectares and has two main points of access. The proposed caretaker's residences will be constructed approximately 3.5 kilometres away from each other. Due to the size of the subject site, the two points of access and the distance between each residence, this officer does not raise any particular concern with the siting of two caretaker's residences on the subject site. Conditions will be attached to any approval restricting the occupation of each residence by a caretaker only. It is considered the provision of two caretaker's residences on the subject site will not compromise the overall intent of the rural zone. Date Prepared:

18 February 2015

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ATTACHMENT 1 APPROVED PLANS (ECM VS 3603492)

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ATTACHMENT 2

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ATTACHMENT 3

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ATTACHMENT 4

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ITEM-3

Wednesday 04 March 2015

A DONNELLY - RECONFIGURING A LOT - SUBDIVISION (1 INTO 3 LOTS & ACCESS EASEMENT) - LOT 21 ON SP171157 - 2577 KENNEDY HIGHWAY, KOAH DA/14/0036

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 March 2015

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

Corporate and Community Services APPLICATION DETAILS

APPLICANT

APPLICATION A Donnelly

PREMISES ADDRESS 2577 Kennedy Highway, Koah RPD Lot 21 on SP171157

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

30 July 2014 Development Permit

FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

AREA DA/14/0036 38.15 hectares OWNER Brazier Motti Pty Ltd A & SL Donnelly Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ATTACHMENTS:

Reconfiguring a Lot - Subdivision (1 into 3 lots and access easement)

Rural zone Code Assessment n/a

1. 2.

Proposal Plan/s - 33468/002 A Department of State Development, Infrastructure and Planning Amended Referral Agency response dated 7 January 2015

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 was 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. A report was tabled at the meeting of the 18 February 2015 in which it was recommended by officers that the application be refused. Page 127

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At this meeting, Council resolved that it intended to approve this development application and instructed officers to prepare suitable conditions for approval and provide a report to the 4 March 2015 meeting. The proposed conditions are presented below.

OFFICER'S RECOMMENDATION "Council's reasons for not adopting the assessment officer's recommendation are: 

Council considers that the subject land is not suitable for intensive agricultural production, is not mapped as good quality agricultural land, and there is little likelihood of any adjoining properties being developed with incompatible land uses.



The proposed development is considered to represent the highest and best use of the subject land.

The following set of conditions are proposed given Councils decision to approve this application.

Conditions 1.

That in relation to the following development application:

APPLICANT DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

APPLICATION A Donnelly

ADDRESS

30 July 2014 Development Permit

RPD

PREMISES 2577 Kennedy Highway, Koah Lot 21 on SP171157

Reconfiguring a Lot - Subdivision (1 into 3 lots and access easement)

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); (A)

APPROVED DEVELOPMENT: Development Permit for Reconfiguring a Lot Subdivision (1 into 3 Lots) and Access Easement

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(B)

APPROVED PLANS: Plan/Document Number 33468/002 A

CBP5116

(C)

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Plan/Document Title Proposed Reconfiguration Lots 13 and Emts A & B (Access Easements) cancelling Lot 21 on SP171157 Earthworks Plan

Prepared by

Dated

Brazier Motti Pty Ltd

6/11/14

Jacobs

22/09/14

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme

Development must be carried out substantially in accordance with the approved plans and the facts and circumstances of the use as submitted with the application, subject to any alterations:

found necessary by Council’s delegated officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements; and

to ensure compliance with the following conditions of approval.

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 endorsement of the plan of survey, except where specified otherwise in these conditions of approval.

General 3.1

The development approval would not have been issued if not for the conditions requiring the construction of infrastructure within the conditions of approval.

3.2

3.3

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

3.4

The developer must relocate (in accordance with FNQROC standards) any services such as water, sewer, drainage, telecommunications and electricity that are not wholly located within the lots that are being created/serviced where required by the relevant authority, unless approved by Council’s delegated officer. Page 129

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3.5

Where utilities (such as sewers on non-standard alignments) traverse lots to service another lot, easements must be created in favour of Council for access and maintenance purposes. The developer is to pay all costs (including Councilâ&#x20AC;&#x2122;s legal expenses) to prepare and register the easement documents.

3.6

Prior to the endorsement of the plan of survey the applicant must provide a letter from any Concurrence Agencies confirming that their conditions have been complied with and/or that they have no objection to Council's endorsement of the plan of survey.

3.7

All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Councilâ&#x20AC;&#x2122;s delegated officer.

3.8

Flood Immunity All new buildings must be located such that the freeboard of the floor levels of all habitable rooms is a minimum of 300mm above the 100 ARI year level.

3.9

No filling is to occur below the 100 ARI flood level unless approved as part of a subsequent development application for operational works.

3.10 Bushfire Management 3.10.1 Any new dwelling erected on the subject allotments shall: (i)

Achieve a setback from hazardous vegetation of 1.5 times the predominant mature canopy tree height or 10 metres, whichever is greater.

(ii) Include on-site water storage of not less than 5,000 litres, with a 50mm male camlock fire brigade fitting where necessary, to be provided at the same time the dwelling is constructed. 3.10.2 A Bushfire Management Plan will be prepared to the satisfaction of Council's delegated officer. The approved use must comply with the requirements of the Management Plan at all times. 3.11 Rural Addressing The applicant must pay the relevant fee per lot for provision of rural addressing at the rate identified in the Fees and Charges Schedule at the time of payment. 3.12 Charges All outstanding rates, charges and expenses pertaining to the land are to be paid in full. 3.13 The advertising billboard which was approved for the former zoo use must be removed prior to the endorsement of the plan of survey. Page 130

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Infrastructure Services and Standards 4.1

Access/Services/Drainage Easement Easement/s must be established for the purposes of access, drainage, maintenance and servicing for Lots 1, 2 and 3 in the location identified on the approved plan as Emt A and Emt B. The easement documents must be submitted to Council's delegated officer for approval at the same time the applicant/developer seeks endorsement of the plan of survey and must be lodged and registered in the Department of Natural Resources and Mines in conjunction with the plan of survey.

4.2

Earthworks As part of a subsequent application for Operational Works, an earthworks plan is to be submitted, prepared by a suitably qualified RPEQ demonstrating compliance with the Filling and Excavation Code including the following detail: -

Maintenance of access roads to and from the site such that they remain free of all fill material and are cleaned as necessary Preservation of all drainage structures from the effects of structural loading generated by the earthworks; Protection of adjoining properties and roads from ponding or nuisance from stormwater.

All site earthworks, drainage and pavement construction are to be designed and supervised by a RPEQ. Testing is to be carried out by NATA Registered Laboratories and results submitted as part of the As Constructed information. The Supervising Engineer must submit a certificate demonstrating that all work has been satisfactorily completed to the quality control criteria for the site and in accordance with AS3798 (as amended). 4.3

4.4

Stormwater Drainage (a)

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

(b)

All stormwater drainage from the site must be discharged to an approved legal point of discharge.

Water Supply 4.4.1 Proposed Lots 1 and 2 are to be provided with an individual water supply. 4.4.2 Supply from a watercourse will be acceptable, provided the following can be demonstrated to the satisfaction of Council's delegated officer: Page 131

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the watercourse has sufficient flow and is perennial in all but the driest years; and the applicant can demonstrate that the Department of Natural Resources and Mines is prepared to grant a water licence for the proposed lot.

4.4.3 Where a bore is to be used as a water supply, bore installation will be in accordance with the requirements of D6.07 of the FNQROC Development Manual. 4.4.4 Where a bore is to be used as water supply, it will be sited in accordance with the setback distances specified in the Queensland Plumbing and Wastewater Code. 4.4.5 The applicant/developer must demonstrate that the water supply can satisfy the standards for drinking water set by the Australian Drinking Water Guidelines 2004 (National Health and Medical Research Council and the National Resource Management Ministerial Council). 4.5

On-Site Wastewater Management The applicant must provide a site and soil evaluation report, prepared by an accredited site and soil evaluator, demonstrating the ability of proposed Lots 1 and 2 to accommodate an on-site effluent disposal in compliance with the latest version of On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of the Councilâ&#x20AC;&#x2122;s delegated officer.

4.6

Electricity provision/supply The applicant/developer must ensure that an appropriate level of electricity supply is provided to proposed Lots 1 and 2 in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Councilâ&#x20AC;&#x2122;s delegated officer. Written advice from an Electricity Service Provider is to be provided to Council indicating that an agreement has been made for the provision of power reticulation.

4.7

Telecommunications The applicant/developer must enter into an agreement with a telecommunication carrier to provide telecommunication services to proposed Lots 1 and 2 and arrange provision of necessary conduits and enveloping pipes.

4.8

Building Envelope (a)

The approved building envelopes for proposed Lots 1 and 2 are as shown on Brazier Motti Pty Ltd Plan No 33468/002 A dated 6 November 2014.

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(b)

Prior to the endorsement of the survey plan, the building envelope for proposed Lot 2 must be filled to reach a minimum height of RL388.5 metres. The filling must approved as part of a subsequent development application for operational works.

(c)

Prior to endorsement of the survey plan the approved building envelope areas must be defined by survey markers set at each corner, to the satisfaction of Council’s delegated officer.

(d)

All buildings and effluent disposal areas must be located within the approved Building Envelope Area.

ASSESSMENT MANAGER’S ADVICE (a)

A number of other charges or payments may be payable as conditions of approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

(b)

Easement Documents The Mareeba Shire Council has developed standard easement documentation to assist in the drafting of formal easement documents for Council easements. Please contact the Urban & Regional Planning Section for more information regarding the drafting of easement documents for Council easements.

(c)

Endorsement Fees The applicant is advised that Council charges a fee for the endorsement of a Survey Plan, Community Management Statements, easement documents, and covenants. The fee is set out in Council’s Fees & Charges Schedule applicable for each respective financial year.

(d)

(e)

Notation on Rates Record A notation will be placed on Council’s Rate record with respect to each lot regarding the following conditions:      

conditions regarding bushfire management an approved bushfire management plan a registered easement over the subject site flood immunity Approved building envelope for Lot 1 and 2 At the time of dwelling construction a 22,500L rainwater tank is to be provided in accordance with the Dwelling House Code to the satisfaction of Council’s delegated officer

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

An on-site effluent disposal system must be constructed in accordance with an approved site and soil evaluation report Department of State Development, Infrastructure and Planning conditions regarding access



(f)

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(g)

(E)

CONCURRENCE AGENCY CONDITIONS Department of State Development, Infrastructure and Planning conditions dated 16 December 2014.

(F)

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

(G)

Reconfiguring a Lot requiring Operational Works – four (4) years (starting the day the approval takes effect);

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS  Development Permit for Operational Works

(H)

OTHER APPROVALS REQUIRED FROM COUNCIL  Nil

Date Prepared:

23 February 2015

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3617136)

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ATTACHMENT 2

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ITEM-4

APPLICATION FREEHOLD SOUTHEDGE

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FOR CONVERSION OF GHPL LOT 137 ON DA390, PARISH

TO OF

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 March 2015

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

Corporate and Community Services

EXECUTIVE SUMMARY Application has been made to the Department of Natural Resources and Mines (DNRM) for the conversion to freehold of Grazing Homestead Perpetual Lease 2821 over land described as Lot 137 on DA390, Parish of Southedge. Should the conversion be successful, it is expected that the land would continue to be used for grazing purposes. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. OFFICER'S RECOMMENDATION "That Council offer no objection to the conversion to freehold of GHPL 2821 over land described as Lot 137 on DA390, Parish of Southedge and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land." BACKGROUND DNRM is currently considering an application for the conversion to freehold of Grazing Homestead Perpetual Lease 2821 over land described as Lot 137 on DA390, Parish of Southedge. The subject land has an area of 486 hectares and is located off Coyle Road, approximately 4.3 kilometres north-west of Biboohra. Coyle Road is unformed for its entire frontage with the subject land. The land remains largely vegetated and is currently used for grazing purposes. Should the conversion application be successful, it is proposed that the land continue to be used for grazing purposes.

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DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. LINK TO CORPORATE PLAN Nil CONSULTATION Internal Nil External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the continued use of the land for grazing purposes. Council officers have no knowledge of any non-indigenous cultural heritage values associated with the subject land. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter. ATTACHMENTS 1.

Department of Natural Resources and Mines letter of 12 February 2015

Date Prepared:

15 February 2015

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ATTACHMENT 1

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INFRASTRUCTURE SERVICES TECHNICAL SERVICES ITEM-5

KURANDA COMMUNITY PRECINCT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 March 2015

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

Infrastructure Services, Technical Services

EXECUTIVE SUMMARY The development of the Kuranda Community Precinct (KCP) requires the construction of an off street carpark and Stage 1 of the development which sees the relocation of the Kuranda library requires a refit of the existing building. Work has commenced on the carpark and is programmed for completion in early March, however tenders for the refit of the building have been higher than expected. Following a meeting of the KCP committee and a subsequent meeting with the CEO, Manager Community Wellbeing, Manager Technical Services and Architect, the scope of the building refit has been amended. A revised cost plan indicates a projected cost overrun of approximately $132,000 over the $358,000 provided by Council in its 2014/15 Budget. The recommendation is that the additional funds required for the refit of the building be provided from the reserve created following the sale of the two blocks at the precinct. In the event that the final cost is less than $132,000 then only the total cost of the project will be drawn from the reserve. Should the final cost be higher than estimated then a further report to Council will be submitted for approval of transfer of reserve. OFFICER'S RECOMMENDATION "That Council: 1. approve to proceed with the refit of Block C at the Kuranda Community Precinct for the new library; 2. approve the amendment of the 2014/15 budget by the transfer of $132,000 from the reserves created from the proceeds of the sale of land at the precinct; 3. delegate authority to the Mayor and CEO to award the tender for the refit on completion of negotiations."

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BACKGROUND The development of the Kuranda Community Precinct (KCP) requires the construction of an off street carpark and Stage 1 of the development which sees the relocation of the Kuranda library requires a refit of the existing building. In August 2014 the quantity surveyors estimated a cost of $445,000, based on preliminary sketch plans. This included the cost to construct the internal carpark and fit out Block C of the KCP. This is well in excess of the available budget of $358,000. Subsequently $142,000 was deducted by removing a number of items from the original scope including external entry structure, stairs to front boundary, external painting, replacement of external glazing together with a number of other items. On this basis design drawings were completed for the building fit out and the carpark. Tenders were then called for the building works while Council's Works Department provided an estimate for the carpark. The revised estimated costs for all the works including carpark, building fitout, library relocation and professional fees was $358,000 Work commenced on the car park in mid-January, while tenders closed for the building works in early February. All tenders received for the building works exceeded the budget and again possible cost savings were investigated and discussed at the KCP committee meeting on the 10 February 2015. Following this meeting, the CEO, Manager Community Wellbeing, Manager Technical Services and Architect met to discuss a way forward and possible extra savings over and above those discussed by the committee. Savings totalling approximately $50,000 were believed possible by removing items such as carpet replacement, lighting, reduction in air conditioning and a second toilet. However, it was also decided to revisit the decision to remove of the external glazing and outside painting from the original scope as these items would have to be provided in the near future in any case. Following this most recent meeting, a revised cost estimate was developed with items removed from the tendered amount, items detailed above included, as well as the inclusion of the carpark, library relocation and professional fees. This latest estimate showed a projected cost of $490,000 which equated to $132,000 in excess of the $358,000 budget. LINK TO CORPORATE PLAN COM 2 Conduct an analysis of current community facilities and develop a Shire wide community facilities plan to provide equity of access. CONSULTATION Internal Mayor & Councillors - Workshop 18 February Chief Executive Officer Manager Community Wellbeing Page 156

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External Kuranda Community Precinct Committee Steve Cahill - Clarke and Prince Architects LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital The revised estimated cost for this project is $490,000 which is $132,000 in excess of the existing budget of $358,000. Operating Nil Is the expenditure noted above included in the 2014/2015 budget? $358,000 is included in the 2014/2015 budget however the expected revised cost for this project is $490,000 an increase of $132,000 If not you must recommend how the budget can be amended to accommodate the expenditure It is recommended that the extra funds required for this project be sourced from the sale of land at the KCP currently held in reserves. IMPLEMENTATION/COMMUNICATION Kuranda Community Precinct committee to be consulted prior to this proposal being adopted by Council ATTACHMENTS Nil Date Prepared:

23/02/2015

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CHIEF EXECUTIVE OFFICER ORGANISATIONAL DEVELOPMENT ITEM-6

ATTENDANCE AT LGAQ FINANCE SUMMIT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 March 2015

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: CEO DEPARTMENT:

Office of the Chief Executive Officer

EXECUTIVE SUMMARY The Local Government Association Queensland (LGAQ) holds a Finance Summit each year, targeted at Mayors, Councillors, CEOs and CFOs. The 2015 event will be held on the 21-22 April. The purpose of this report is to obtain Council approval for the attendance of Cr Jensen at the Finance Summit. OFFICER'S RECOMMENDATION "That Council approves the attendance at the 2015 LGAQ/QTC Finance Summit, by Cr Jensen." BACKGROUND As stated above the LGAQ holds a Finance Summit and an Annual Conference. The 2015 events will be held on the 21-22 April and is targeted at Mayors, Councillors, CEO's and CFO's. LINK TO CORPORATE PLAN GOV1 Develop an achievable long term financial plan that underpins Council's long term financial sustainability. CONSULTATION Internal Nil External Nil

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LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating The costs for these conferences are catered for in the 2014/15 Budget IMPLEMENTATION/COMMUNICATION Staff will make the necessary bookings ATTACHMENTS Nil Date Prepared:

23/02/2015

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BUSINESS WITHOUT NOTICE\

NEXT MEETING OF COUNCIL The next meeting of Council will be held at 9:00 am on Wednesday 18 March 2015.

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