Ordinary Council Meeting Agenda 2 July 2014 by Mareeba Shire Council

Ordinary Meeting Council Chambers Date: 2 July 2014 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 02 JULY 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

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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 K Scott - Material Change of Use - Animal Husbandry - Intensive - Lot 4 on RP703622 - 16 Morton Street, Kuranda - DA/14/0002 ...............................................5 ITEM-2 BTM & S Stankovich Pty Ltd - Proposed Road Names for future stages of Amaroo Park - REC/08/0012 and Rec/090009 .........................................................63 ITEM-3 Z Cowe & A Smith - Reconfiguring a Lot (1 into 2 Lots) L105 SP223168, 397 Euluma Creek Road, Julatten DA/14/0009 ...............................................................71 ITEM-4 S & C Torrisi - Reconfiguring a Lot - Subdivision (1 into 2 Lots) - L109 CP867369 and L193 & 194 DA262 - 687 Springs Road Mareeba DA/14/0006........89 ITEM-5 Application to Remove Condition of Term Lease 234652 - Lot 8 HG686, Parish of Western...............................................................................................................101 ITEM-6 Application for Renewal of Term Lease 207652 on Lot 300 CP898464, Parish of Masterton ............................................................................................................107 ITEM-7 Conversion to Freehold and Disposal of Lot 118 on HG86, Parish of Leadingham ............................................................................................................113 GRANTS AND CORPORATE AND COMMUNITY PLANNING 119 ITEM-8 Mareeba Gymnastics Centre Building Extension....................................................119 COMMUNITY WELLBEING 123 ITEM-9 Financial and in Kind Support .................................................................................123 GOVERNANCE AND COMPLIANCE 129 ITEM-10........................................................................................................................................ ITEM-11........................................................................................................................................ ITEM-12 ..................................................................................................................................... INFRASTRUCTURE SERVICES...................................................................................................165 TECHNICAL SERVICES 165 ITEM-14........................................................................................................................................ WATER & WASTE 169 ITEM-14........................................................................................................................................ ITEM-15........................................................................................................................................ ITEM-16 .....................................................................................................................................

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Counci Operat Corpora

Update

Water a Tender Waste

Mareeba Shire Council - Agenda

Wednesday 02 July 2014

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CORPORATE AND COMMUNITY SERVICES REGIONAL LAND USE PLANNING ITEM-1

K SCOTT - MATERIAL CHANGE OF USE - ANIMAL HUSBANDRY - INTENSIVE - LOT 4 ON RP703622 - 16 MORTON STREET, KURANDA - DA/14/0002

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT:

Corporate and Community Services APPLICATION DETAILS

APPLICANT

APPLICATION K Scott

ADDRESS

PREMISES 16 Morton Street, Kuranda Lot 4 on RP703622

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

17 January 2014 Development Permit

FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

DA/14/0002 9,156m2 AREA Planning Far North Pty Ltd K Scott OWNER Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ATTACHMENTS:

RPD

Material Change of Use - Animal Husbandry - Intensive (keeping of up to six sheep and one pig)

Village Zone Impact Assessment 24 properly made submissions in support of the development

1. 2. 3.

Proposal Plan/s - Planning Far North Pty Ltd (DWS VS# 3535104) Preliminary Noise & Odour Assessment - RPS Australia dated 2 June 2014 Submitter letters

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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 24 properly made submissions in support of the application were received in response to public notification of the application. No submissions objecting to the development were received. The applicant is seeking a development permit for Material Change of Use - Animal Husbandry Intensive which would authorise the keeping of up to six sheep and one pig on the subject land. The keeping of such animals within an urban area, irrespective of lot size, is prohibited under Tablelands Subordinate Local Law No. 2 (Animal Management) 2011. The prohibition under Tablelands Subordinate Local Law No. 2 (Animal Management) 2011 does not apply if an effective material change of use development permit is obtained for the subject land to allow the animals to be kept, hence the reason why the current application has been made. The subject animals have previously been kept on the subject land, but have been removed from the site pending the outcome of this application. It should be noted that when determining the appropriate land use to apply for, in some cases a 'best fit' approach is taken to the land uses defined within the Planning Scheme. In this case, 'Animal Husbandry - Intensive' was determined to be the best fit land use definition. Despite this, Council officers do not believe the proposed animal keeping to be 'intensive' in any way, or linked to commercial activity for that matter. In practical terms, the proposed use is considered to be akin to the keeping of animals as domestic pets. 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 polices) and is not considered to be in conflict with any relevant planning instrument, particularly considering the provisions contained within the Planning Scheme's 'Animal Husbandry Intensive Code' do not address the keeping of stock animals on such a small scale. The key issue with the proposed development is ensuring any potential noise and odour impacts associated with the keeping of the animals are minimised to preserve the residential amenity of the Morton Street neighbourhood. It is considered this issue can be adequately managed through the inclusion of reasonable and relevant conditions. It is recommended that the application be approved in full, subject to conditions. The application attracted an application fee of $5,485.00 which is the 2013/14 financial year Animal Husbandry - Intensive (Impact Assessment) fee. Due to the scale of the proposed use, this fee is considered excessive, particularly when compared to the standard fee for a new feedlot or poultry farm which would be $3,640.00 in the majority of cases. It is therefore recommended that Council agree to waive $3,975.00 of the applicable charge as a result of the scale and simplicity of this particular application. Waiving of this amount equates to the application being charged $1,510.00, which is the 2013/14 financial year impact assessable (small) fee.

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OFFICER'S RECOMMENDATION 1.

That in relation to the following development application: APPLICATION K Scott

APPLICANT DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

ADDRESS

17 January 2014 Development Permit

RPD

PREMISES 16 Morton Street, Kuranda Lot 4 on RP703622

Material Change of Use - Animal Husbandry - Intensive (keeping of up to six sheep and one pig)

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

APPROVED DEVELOPMENT: Development Permit for Material Change of Use - Animal Husbandry - Intensive (keeping of up to six sheep and one pig)

(B)

APPROVED PLANS: Plan/Document Number

(C)

Plan/Document Title

Prepared by

Dated

Site Plan 16 Morton Street - Page 1

Planning Far North Pty Ltd

Site Plan 16 Morton Street - Page 2

Planning Far North 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

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2.1

The conditions of the development permit must be complied with to the satisfaction of Councilâ&#x20AC;&#x2122;s delegated officer prior to the commencement of the use except where specified otherwise in these conditions of approval.

2.2

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

General 3.1

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

3.2

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

3.3

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

3.4

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

3.5

Minimum Standards The applicant/developer or any person responsible for the premises must: 3.5.1

Ensure the enclosure/s in which the animal/s are kept is cleaned regularly and waste is disposed of in such a manner as not to create a nuisance to adjoining properties or be injurious or prejudicial to health; and

3.5.2

Take all reasonable steps to prevent the animal/s from making a noise or disturbance that causes a nuisance or disturbance to the occupiers of neighbouring properties; and

3.5.3

Ensure that any enclosure is which the animal/s is kept is properly maintained in -

3.5.4

(i)

a clean and sanitary condition; and

(ii)

an aesthetically acceptable condition; and

Ensure that animals are wormed and vaccinated in accordance with the recommendations of the national veterinary association.

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3.6

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Animal Numbers The applicant/developer is to ensure that there is not more than six (6) sheep and one (1) pig kept on the subject property at any one (1) time.

3.7

3.8

Responsibility for Enclosures 3.7.1

The size of the area to be suitably fenced is to be appropriate to the species and breed of the animal/s to be enclosed, so as to effectively enclose the animal/s within the property at all times.

3.7.2

Suitably fenced means a fence which is constructed of strong and firm materials and designed is such a way as to prevent the animal from attacking a person or escaping over, under or through the fence.

3.7.3

In any case, a part of a building or structure that does not have openings through which an animal may escape may form part of the enclosure in lieu of fencing.

3.7.4

The enclosed area must contain adequate shelter.

3.7.5

Where gates form part of the enclosure, they must be kept closed and latched except when in actual immediate use.

Air Quality 3.8.1

All areas associated with the animal keeping activity must be managed to minimise nuisance and impacts caused by odour, dust or particulate matter at any sensitive place.

3.8.2

No odour associated with the animal keeping activity determined to be strong or very strong (4 to 5 intensity on German Standard VDI 3882 (1) (1992)) by Council's delegated officer is to impact upon any nearby sensitive receptor at any time, when assessed every 10 seconds over a 20 minute assessment period in one (1) location at the sensitive receptor. The odour will impact if it is determined to be present more than 25% of the 20 minute assessment period or detected at a strong or very strong intensity level more than 30 times during the 20 minute assessment period.

3.8.3

When instructed by Council, the applicant/developer must commission an odour/dust assessment to monitor and investigate any complaint of nuisance. The monitoring will establish if the development complies with the relevant standards for odour and dust conditions determined in accordance with the Environmental Protection Policy (Air) 2008, and the monitoring data, analysis of that data and a report must be provided within 10 business days of completion of the investigation, to the satisfaction of Council's delegated officer. Where the odour/dust assessment determines that the development is not in compliance with the Environmental Protection Policy (Air) 2008, it must recommend mitigation measures to bring the development into compliance.

3.8.4

Any recommendations or mitigation measures outlined in the odour/dust assessment must be implemented where practically Page 9

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possible within 20 business days of receiving the report findings, to the satisfaction of Council's delegated officer. 3.9

Noise Control 3.9.1

The animal keeping activity must be managed in such as way as to prevent offensive noise levels being emitted beyond the boundaries of the subject site, as determined by Councils delegated officer.

3.9.2

When instructed by Council, the applicant/developer must commission a noise monitoring assessment to monitor and investigate any complaint of nuisance. The monitoring will establish if the development complies with the relevant standards for noise output determined in accordance with the Environmental Protection Policy (noise) 2008, and the monitoring data, analysis of that data and a report must be provided within 10 business days of completion of the investigation, to the satisfaction of Council's delegated officer. Where the noise monitoring assessment determines that the development is not in compliance with the Environmental Protection Policy (noise) 2008, it must recommend mitigation measures to bring the development into compliance.

3.9.3

Any recommendation or mitigation measures outlined in the noise monitoring assessment must be implemented where practically possible within 20 business days of receiving the report findings, to the satisfaction of Council's delegated officer.

3.10 Lapsing of Approval This approval shall lapse and cease to have effect upon the sale of the subject land by Kerry Scott (the applicant). (D)

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

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

(b)

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.

(c)

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

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(d)

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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)

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

(F)

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

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

(G)

OTHER APPROVALS REQUIRED FROM COUNCIL  Nil

That the 2013/14 financial year material change of use (impact assessable – small) application fee of $1,510.00 be applied to Development Application DA/14/0002.

THE SITE The subject site is situated on the outskirts of the Kuranda Village at 16 Morton Street, Kuranda and is described as Lot 4 on RP703622, Parish of Formartine, County of Nares. Lot 4 is generally regular in shape with a total area of 9,156m2 and is zoned Village under the Mareeba Shire Planning Scheme. The site is accessed from and contains approximately 50 metres of frontage to Morton Street which is constructed to a bitumen sealed standard including roll-over kerb and channel for the full frontage of the site. The site is improved by a single dwelling situated in the north-east corner of the site as well as several outbuildings located in proximity to the dwelling. The front of the allotment is cleared and grassed and segregated into a series of small fenced paddocks which have been used to contain the subject animals for a number of years. With the exception of the very front of the property which is relatively flat, the topography of the site is quite undulating, sloping relatively steeply downhill to the west behind the dwelling, eventually draining into Glen Creek situated immediately behind the site. The entire rear of the site is covered in thick mature vegetation and remains undeveloped. The site is currently connected to all reticulated services, including water and sewerage and local area electricity and telecommunications infrastructure. All surrounding allotments are zoned Village and contain low density residential development. The dwelling on northern adjoining Lot 1 on SP213770 (14 Morton Street, Kuranda) is situated in close proximity (1-2 metres) from its common boundary with the subject site.

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

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BACKGROUND AND CONTEXT It is known that the subject stock animals were kept unlawfully on the subject site for approximately three (3) years prior to Council being made aware of the activity via a complaint from an adjoining property owner. This complaint was made while Council officers were investigating a separate dog complaint. Despite this previous complaint, no submission objecting to the keeping of the animals was made during the public notification stage. On 23 September 2013, Council's Regulatory Services Department issued a compliance notice to K Scott, the applicant, for the keeping of stock in an urban area which is a prescribed activity (prohibited) under section 6 of Tablelands Local Law No. 2 (animal management) 2011. A further notice was issued to K Scott on 24 October 2013 advising her to remove the subject animals by no later than 22 November 2013. On 17 January 2014, Planning Far North Pty Ltd on behalf of the applicant, lodged a development application seeking a Development Permit for Material Change of Use - Animal Husbandry - Intensive (keeping of up to six (6) sheep and one (1) pig) on land described as Lot 4 on RP703622, Parish of Formartine, situated at 16 Morton Street, Kuranda (the subject site). The subject animals have been removed from the subject property pending the outcome of this development application.

PREVIOUS APPLICATIONS & APPROVALS Nil

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Animal Husbandry - Intensive (keeping of up to six sheep & one pig) in accordance with the plans shown in Attachment 1. The applicant proposed the keeping of up to seven (7) stock animals including up to six (6) sheep and one (1) pig. The applicant states that the proposed use is not considered to be intensive and, in fact, is considered to be akin to the keeping of domestic animals as pets. In addition to their role as domestic pets, the applicant has stated that the animals also fulfil the following roles: Sheep   

Mowing of the block/keeping the grass down Activity - reduction in snake numbers Faeces used as fertilizer

Pig  

Free range grazing animal - assists with keeping grass down - also removes some weeds that the sheep do not eat Protection for poultry from snakes and predatory birds Page 13

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     

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Protection for poultry and sheep from dogs Location of any new termite nests Alert for any strangers Alert for any persons entering the property Soil preparation for gardens Eats waste/scraps and faeces used as fertilizer.

The seven (7) stock animals are contained to and rotated around the cleared area at the front of the site in five (5) separate fenced paddocks as follows:     

House yard and sheep day graze Sheep night paddock Sheep birthing paddock Pig paddock, sheep day grazing and chook run. Sheep day grazing and chook run.

Shelters have been constructed on site for both the pig and sheep.

REGIONAL PLAN DESIGNATION The subject site is included within the Urban Footprint land use category in the Far North Queensland Regional Plan 2009-2031. Kuranda is identified as a Village Activity Centre in the Regional Plan. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site as containing:  Strategic Rehabilitation Area  State & Regional Conservation Corridors  Terrestrial Area of High Ecological Significance  Terrestrial Area of General Ecological Significance

PLANNING SCHEME DESIGNATIONS Strategic Framework designation:

Major Urban Growth Node (Kuranda)

Zone:

Village

Overlays

Natural Disaster - Bushfire Overlay Significant Vegetation Overlay

Planning Scheme Definitions The proposed use is defined as:"Animal husbandry - intensive means the use of premises including buildings, structures pens, storage areas and effluent treatment areas for commercial activities involving the breeding, keeping or depasturing of animals where animals are reliant on prepared or manufactured feed for production purposes and/or are held at high densities pending transportation or marketing. The term includes: Page 14

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"Cattery" - the keeping, boarding or breeding of 4 or more cats (excluding kittens under the age of 3 months; "Crocodile farms" - the keeping of more than two crocodiles; "Cattle feedlots or lot feeding"; "Goat Farm" - the keeping, boarding or breeding of poultry for sale, exchange, egg production or slaughtering; "Kennel" - the keeping, boarding or breeding of 4 or more dogs (excluding pups under the age of 3 months); "Piggery" - the keeping of 1 or more pigs; "Poultry Farm" - the keeping and breeding of poultry for sale, exchange, egg production or slaughtering; "Stable" - the keeping or stabling of more than two horses per hectare." 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 1.1.2

1.1.3

1.1.4

Complies

Comments

Urban development within the urban footprint or rural living area within an area of high ecological significance (see map 3) is located, designed and operated to avoid impacts on ecological values, or where avoidance is not possible, minimise impacts and then offset residual impacts so there is net gain of the impacted values. 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.



Technically, the proposed development does not constitute 'Urban Development' as defined by the Regional Plan. Notwithstanding this, the proposed development will involve the continued keeping of seven stock animals within several existing fenced paddocks on an already cleared section of the site. The proposed development is not likely to impact on the ecological values of the site.



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



Complies - The proposed development will involve the continued keeping of seven stock animals within several small fenced paddocks in an already cleared section of the site and does not propose any further clearing. The proposed development is not likely to detrimentally impact on the areas ecological values. Complies - The proposed development will involve the continued keeping of seven stock animals within several small fenced paddocks in an already cleared section of the site and does not propose any further clearing. The proposed development is not likely to detrimentally impact on the areas ecological values.

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DRO 1.3 Air and Acoustic Environment Protection Land Use Policy 1.3.2

Development that generates emissions must be adequately separated or planned, designed constructed and operated to ensure the impacts of air and noise emissions on sensitive land uses meet the objectives of the Environmental Protection (Air) Policy and the Environmental Protection (Noise) Policy.

Complies

Comments



As summarised in a report prepared by RPS Australia (Attachment 2), the minimal number of stock animals proposed will have negligible impacts in terms of noise and odour on surrounding sensitive land uses. It is considered the proposed development, which has actually been occurring on site unlawfully for approximately 3 years, can satisfy Land Use Policy 1.3.2. Conditions to ensure compliance will be attached to any approval.

DRO 3.3 Healthy and Safe Communities Land Use Policy 3.3.B

Best practice urban design is utilised to create built environments that enhance community health and safety.

Complies

Comments



As summarised in a report prepared by RPS Australia (Attachment 2), the minimal number of stock animals proposed will have negligible impacts in terms of noise and odour on surrounding sensitive land uses. It is considered the proposed development, which has actually been occurring on site unlawfully for approximately 3 years, can satisfy Land Use Policy 3.3.B. Conditions to ensure compliance will be attached to any approval.

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.

Complies

Comments



The proposed development involves the continued keeping of seven stock animals on an already cleared and grassed portion of the site. The minimal number of stock animals will not result in a significant amount of faeces produced with majority of faeces recycled as garden fertilizer. The subject site is situated within Kuranda which experiences moderate rainfall throughout the year. This combined with continued rotation of the animals between the different paddocks ensures that the ground surface will maintain an adequate grass cover. As such, the proposed development which has actually been occurring on site unlawfully for approximately 3 years is not likely to detrimentally impact on ground and surface water resources or any surrounding waterways/wetland areas.

(b)

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

Biodiversity A development application where the land relates to a matter of state environmental significance, if the application is for: (a) operational work, or (b) a material change of use other than for a dwelling house, or (c) reconfiguring a lot that results in more than six lots or lots less than five hectares.

Complies

Assessment Requirements & Comments



Development: (1) identifies any potential significant adverse environmental impacts on matters of state environmental significance, and (2) manages the significant adverse environmental impacts on matters of state environment significance by, in order of priority: (a) avoiding significant adverse environmental impacts, and (b) mitigating significant adverse environmental impacts where these cannot be avoided, and

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Wednesday 02 July 2014 (c) where applicable, offsetting any residual adverse impacts. Comment The proposed development will involve the continued keeping of seven stock animals within several small fenced paddocks in an already cleared section of the site. The proposed use does not involve any further clearing on site. It is considered the proposed development can satisfy the assessment requirements for this component of the SPP (above).

Natural hazards

N/A

Development: (1) avoids natural hazard areas or mitigates the risks of the natural hazard, and (2) supports, and does not unduly burden, disaster management response or recovery capacity and capabilities, and (3) directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties, and (4) avoids risks to public safety and the environment from the location of hazardous materials and the release of these materials as a result of a natural hazard, and (5) maintains or enhances natural processes and the protective function of landforms and vegetation that can mitigate risks associated with the natural hazard, and Comment The proposed development is for the keeping of up to six sheep and one pig in addition to the existing residential use of the site. As such, the development will not result in an increase in the number of people living or working in a bushfire hazard area. Assessment against provisions 1 - 5 above is not considered relevant in this instance.

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.

(c)

For all natural hazards:

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

Relevant Desired Environmental Outcomes Complies (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 (c) Adverse effects from development on the natural environment are minimised with respect to the loss of natural vegetation, soil degradation, air and water pollution due to erosion, dust and chemical contamination, dispersal of pollutants, effluent disposal and the like.

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

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ď&#x192;ź

Comments Complies - The stock animals will be contained to already cleared sections of the site. Considering the non-intensive number of animals proposed, the development is not likely to detrimentally impact on the surrounding natural environment. Complies - The proposed development is not considered intensive in any way and is not linked to commercial activity. The number of animals proposed is minimal and is not likely to create any dust, noise or odour issues. The animals will be contained to already cleared sections of the site and are managed as to not cause any soil degradation or detrimentally impact on surface and ground water resources. Will be conditioned to ensure compliance. The proposed use will include the keeping of up to six sheep and one pig. The proposed use is not considered to be intensive in any way and is not linked to any commercial activity. It is considered the minimal number of animals

Mareeba Shire Council - Agenda

Wednesday 02 July 2014 proposed will have a negligible impact in terms of noise and odour on the surrounding residential area.

Relevant Development Codes The following Development Codes are considered to be applicable to the assessment of the application: Part 4, Division 16 Part 5, Division 6 Part 5, Division 8 Part 6, Division 20

Village Zone Code Significant Vegetation Overlay Code Natural Disaster - Bushfire Overlay Code Animal Husbandry – Intensive 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 Village Zone Code

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

Significant Vegetation Overlay Code Natural Disaster - Bushfire Overlay Code Animal Husbandry Intensive 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. The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code apart from the following:  Probable Solution PS1.1 & 1.2  Probable Solution PS7.1  Probable Solution PS8.1 Where no acceptable/probable solution is contained within the code the application must be assessed against the relevant specific outcome. The following specific outcomes contained within the code are considered relevant to the assessment of the application:  Specific Outcome S3, S4 & S5 Refer to discussion below.

Noncompliance with the relevant acceptable solutions/probable solutions of the Animal Husbandry - Intensive Code are summarised as follows: Animal Husbandry - Intensive Code S1

The site has a suitable shape and area to accommodate the use and is suitably located to ensure the use does not impact on the environmental values of the area. PS1.1

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- does not occur below a Q50 flood line; - is provided with a reliable water supply and has a capacity to store a minimum of 2 days' water supply; and - is connected to electricity. PS1.2

Animal Husbandry - Intensive uses are located on a site that contains a regular shape and has an area greater than 8 hectares.

Comment Parts of the subject site to be utilised for the proposed animal keeping contain slopes in excess of 10%. Furthermore the site has an area of just under one (1) hectare. As such, the proposed development is non-compliant with probable solutions PS1.1 and PS1.2. Despite this application seeking a development permit for material change of use - animal husbandry intensive, considering the limited number of animals to be kept on the subject site, the proposed use is not considered to be intensive in any way. Furthermore, the proposed use is not linked to commercial activities of any kind. The keeping of the animals is limited to the front cleared portion of the site and adequate fencing is proposed to ensure the animals are kept on the premises. Considering the proposed number of animals to be kept (maximum of seven), the amount of faeces generated or the grazing of the animals itself is not likely to adversely impact on the areas environmental values. Conditions will be attached to any approval limiting the number of animals to that which is proposed. Based on this, it is considered the proposed development can satisfy specific outcome S1. S3

Waste Management The use must provide for the collection/treatment/disposal of all solid and liquid wastes such that: - The off-site release of contaminants does not occur; - All wastes are collected and disposed of in accordance with relevant licence and approval conditions and/or Government and industry standards; and - There are no significant adverse impacts on the quality of surface water and ground water resources. PS3

No solution specified.

Comment Despite this application seeking a development permit for material change of use - animal husbandry intensive, considering the limited number of animals to be kept on the subject site, the proposed use is not considered to be intensive in any way. Furthermore, the proposed use is not linked to commercial activities of any kind. Considering the proposed number of animals to be kept (maximum of seven), the amount of faeces generated or the grazing of the animals itself is not likely to cause any odour issues or impact on the quality of surface water and ground water resources.

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Conditions have been attached requiring the applicant/developer to maintain minimum standards with regards to the keeping of the animals. It is considered the proposed development can be conditioned to satisfy specific outcome S3. S4

Air Quality The emission of any odour, dust and air pollutants is minimised to ensure no nuisance is caused beyond the site boundaries. PS4

No solution specified.

Comment As mentioned above, the proposed use is not considered to be intensive in any way, nor is the proposed use linked to commercial activities of any kind. Considering the minimal number of animals to be kept (maximum of seven), the amount of faeces generated or the grazing of the animals itself is not likely to cause any odour issues. Conditions will be attached to any approval requiring the applicant maintain minimal standards with regards to maintenance/clean up of the animals paddocks/enclosures. The Kuranda area is subject to moderate rainfall throughout the year and to the best of this officer's knowledge the grazing area supplied to the animals remains adequately grassed for the entire year. As such, the likelihood of the proposed use causing a dust issue is minimal. It is considered the proposed development can satisfy specific outcome S4 and conditions will be attached to any approval to ensure continued compliance with S4. S5

Noise The noise generated by the activity does not cause nuisance to adjoining properties or noise sensitive development. PS5

No solution specified.

Comment As mentioned above, the proposed use is not considered to be intensive in any way, nor is the proposed use linked to commercial activities of any kind. Considering the minimal number of stock animals to be kept on site (maximum of seven), the proposed use is likely to have a negligible impact in terms of noise on surrounding residences. The report prepared by RPS Australia (Attachment 2), states the following with regards to noise: "Considering these factors we consider that the stock animals make occasional noises, are slightly more audible that a normal conversation, are generally occurring from sunrise to sunset and the background ambient noise is likely to be high for at least six (6) months of the year as anecdotal evidence suggests a spectacled flying fox colony roosts on the property. Further, in relation to noise in semi-urban areas, ambient noise levels are likely to be higher during the day when animals are most active such that no nuisance is likely to result from the site. In comparison when Page 20

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considering noise levels from the property at night, neighbouring dogs which are known to bark intermittently during both day and night and local traffic are likely to be the predominant noise source. To the best of the property owners knowledge, there has been no indication given by the current neighbours or people from the surrounding area that the property has represented a nuisance in terms of noise at any stage whilst the stock animals have been in occupation on the property." It is considered the proposed development can satisfy S5 and conditions will be attached to any approval to ensure continued compliance with S4. S7

Animal Keeping activities are developed only on a site where it is unlikely that the use will have significant adverse effects on any nearby residents (e.g townships) or other existing sensitive uses. PS7.1

For Animal Husbandry - Intensive, the site is a minimum of:  5,000m from any land included in the Residential Zone;  1,000m from any land included in the Rural Residential Zone; and  2,000m from any community facilities where people gather, such as schools.

Comment The subject site is situated on the outskirts of the Kuranda Township and is surrounded by low density residential development. The proposed development cannot comply with the setback provisions contained within PS7.1. However, as stated previously, the proposed animal keeping is not considered intensive in any way, nor is it linked to commercial activity. In practical terms, the proposed use is considered to be akin to the keeping of animals as domestic pets. Considering the minimal number of stock animals proposed (seven), the use is likely to have negligible impacts on adjoining properties in terms of noise and odour. Conditions will be attached to any approval requiring the applicant maintain minimal standards with regards to maintenance/clean up of the animals paddocks/enclosures. It is considered the proposed development can satisfy specific outcome S7. (e)

Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application: No. 4 - Development Manual The proposed use is for the keeping of up to six (6) sheep and one (1) pig in associated with the existing residential use of the site. Given the nature of the proposed development, development works such as access upgrades, frontage works and water/sewerage infrastructure upgrades are not considered relevant in this instance. (f)

Adopted Infrastructure Charges Notice

The proposed use is not likely to place additional demand on Council's reticulated water and sewerage networks or parklands, nor is it likely to result in an increase in traffic loading on the surrounding road network. Considering this, infrastructure charges/contributions are not considered relevant in this instance. Page 21

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REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies. Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Environmental Health PUBLIC NOTIFICATION The development proposal was placed on public notification from 28 March 2014 to 22 April 2014. The applicant submitted the notice of compliance on 23 April 2014 advising that the public notification requirements were carried out in accordance with the requirements of the Act. Twenty four (24) properly made submissions were received in support of the proposed development. Four (4) not properly made submissions were received also in support of the development. These submissions are considered not properly made as they were lodged before or after the comment period (28 March 2014 - 22 April 2014). No submissions objecting to the proposed development were received. The grounds of support included within these submissions relevant to the assessment of this application are summarised as follows:        

Both the pig and sheep are very efficient at keeping the steep grassed areas which form a large part of their grazing area trimmed and free from weeds. The animals are extremely well looked after including food supply and shelter and are regularly rotated between the five small paddocks at the front of the property. The fencing used to contain the animals is strong and effectively keeps the animals enclosed. The animals do not produce any significant noise or odour due to the applicant's dedication to maintaining and managing the animal's enclosures and waste (submitters did include former neighbouring residents). The animals are maintained in a sustainable manner and have not resulted in any deterioration of the land itself. The presence of the animals at the subject property adds to the ambience of Morton Street and are well liked and observed by residence in the area. The animals help reduce the number of snakes that come onto the property. Only small quantities of animal faeces are produced and are effectively disposed of or recycled as garden fertilizer.

Note: Grounds for support included within the submissions that are not town planning related have not been mentioned above.

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Submitters Name of principal submitter 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.

Justine Schlicht Sharon Howes Lucy Graham Narelle Johnston Aileen Downs Silvia Conway Gawain Barker Cr Robert Pyne Catherine McWatters Paul Morris Franzi Hellmann Phil Whitehead Margaret Zehntner RJ Pierce Susie Grace Lee Roehm Sinclair Sassen Emma King Liz McGrath & Brian Cifuentes Nathan Bridge Jan Brown

22. 23. 24.

Mark Luscombe Michael Sweetman Pam Schultz

Address 22 Freedom Close, Speewah QLD 4881 0407893652 slhowes@hotmail.com 9 Mangosteen Close, Smithfield QLD 4878 19 Inala Place, NSW 2101 0419726955 aileen.downs@bigpond.com 0409647714 info@envirocare.org.au 2-6 Rob Veivers Drive, Kuranda QLD 4881 PO Box 359, Cairns QLD 4870 9 Keirle Avenue, Whitfield QLD 4870 PO Box 265, Kuranda QLD 4881 PO Box 2022, Mareeba QLD 4880 PO Box 417, Kuranda QLD 4881 81 Kuranda Heights Road, Kuranda QLD 4881 165 Stoney Creek Road, Speewah QLD 4881 1/12 Harriman Street, Kuranda QLD 4881 2/12 Harriman Street, Kuranda QLD 4881 8 Torrance Avenue, Edge Hill QLD 4870 29 English Street, Manunda QLD 4870 bjcif@bigpond.com nathan.bridge@westnet.com.au 12 Gibson Street, Brookfield QLD 4069 (Formerly 18 Morton Street, Kuranda) marklusco@bigpond.com 24 Gouldian Street, Bayview Heights QLD 4870 PO Box 73, Kuranda QLD 4881

PLANNING DISCUSSION RPS Noise and Odour Report With the subject site being situated within a residential area, the main town planning considerations in the assessment of this application is the potential noise and odour impacts on surrounding residential properties. In order to provide Council officer's with greater certainty when assessing the application a preliminary assessment of potential noise and odour nuisance arising from the proposed keeping of the animals was prepared by RPS Australia on behalf of the applicant (Attachment 2). The conclusion of the report is as follows: "From the preliminary assessment, it is considered that the minimal number of stock animals present/proposed will have negligible impacts in terms of noise and odour. The insignificance of the source does not warrant further study at present." A set of draft conditions was also prepared by RPS Australia and included in the attached report. These conditions were considered, where relevant, during the drafting of the recommended conditions of approval outlined in this report. Other Considerations As outlined in the 'Background and Context' section of this report, it is recognised that the applicant was unlawfully keeping the subject animals on the site for approximately three (3) years prior to Council being made aware of their presence through a complaint from an adjoining residence.

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Furthermore, the motive behind this complaint is questionable, considering it was only received after the applicant lodged a complaint about the neighbours barking dog. It is also important to note that not one (1) submission against the proposed development was made to Council during public notification stage. Application Fee Consideration The application attracted an application fee of $5,485.00 which is the 2013/14 financial year Animal Husbandry - Intensive (Impact Assessment) fee. Due to the scale of the proposed use, this fee is considered excessive, particularly when compared to the standard fee for a new feedlot or poultry farm which would be $3,640 in the majority of cases. Prior to lodgement of the application, the applicant raised concerns about the amount of the fee and Council officers undertook to monitor the appropriateness of the fee based on the amount of time spent assessing the application. Council officers have determined that the time spent assessing this application, including consideration of all submissions, was generally that which would be experienced when assessing an impact assessable "smallâ&#x20AC;? application. It is therefore recommended that Council agree to charge the applicable fee for material change of use (impact assessable - small) which is $1,510.00. Part 2 of the officer's recommendation is drafted accordingly. Date Prepared:

23 June 2014

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3535104)

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ATTACHMENT 2

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ATTACHMENT 3

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ITEM-2

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BTM & S STANKOVICH PTY LTD - PROPOSED ROAD NAMES FOR FUTURE STAGES OF AMAROO PARK REC/08/0012 AND REC/090009

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

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

Corporate and Community Services

EXECUTIVE SUMMARY Tableland Earthmoving and Raw Materials Pty Ltd, acting on behalf of BTM & S Stankovich Pty Ltd, have submitted a list of proposed names for various roads to be opened in future stages of the Amaroo Park residential estate. The proposed names have been sourced from various Australian Aboriginal languages and would be a continuation of the established road naming theme used for the previously developed stages of Amaroo Park. Because the proposed road names are not necessarily from local languages, comments were sought from the Traditional Owners of the Mareeba District to determine whether there was any objection to the proposed names. Council officers have been unable to obtain a response from the Traditional Owners. It is recommended that Council approve the list of proposed road names. OFFICER'S RECOMMENDATION "That Council advise Tableland Earthmoving and Raw Materials Pty Ltd that the proposed road names for the future stages of Amaroo Park as shown on Drawing No. 1297_MP Road 03 are approved as follows: (i)

Road A

Karobean Drive

(ii)

Road B

Jannali Court

(iii)

Road C

Merindah Close

(iv)

Road D

Dandaloo Close

(v)

Road F

Allara Street

(vi)

Road G

Moondani Avenue

(vii) Road H

Wandara Avenue

(viii) Road I

Kutterbul Court

(ix)

Allambee Close

Road J

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(x)

Road K

Alkira Court

(xi)

Road L

Ponto's Place

(xii) Road M

Kiah Court

(xiii) Road N

Oolie Court"

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BACKGROUND Tableland Earthmoving and Raw Materials Pty Ltd, acting on behalf of BTM & S Stankovich Pty Ltd, have submitted a list of proposed names (Attachment 1) for various roads to be opened in future stages of the Amaroo Park residential estate. The developers preferred road names are as follows:

Road A B C D F G H I J K L M N

Name Karobean Drive Jannali Court Merindah Close Dandaloo Close Allara Street Moondani Avenue Wandara Avenue Kutterbul Court Allambee Close Alkira Court Ponto's Place Kiah Court Oolie Court

Meaning Together Moon Beautiful Pretty Daylight To embrace Good Wonderful To remain a while Very Nice Little Brother's Beautiful Place Gum Trees

The location of proposed roads A to N is shown on Drawing No. 1297-MP ROADS 03 (Attachments 1 & 2). The proposed names have been sourced from various Australian Aboriginal languages and would be a continuation of the established road naming theme used for the previously developed stages of Amaroo Park. The land comprising the future stages of Amaroo Park is described as Lot 111 on SP257031 and Lot 114 on SP265014, Parish of Tinaroo, County of Nares, having a combined area of 43.62 hectares, with frontages to Hastie Road and Emerald End Road, Mareeba. Development permits REC/08/0012 and REC/07/0072 for reconfiguring a lot (subdivision creating 290) remain in effect over the subject land. A development permit for operational works for the next stage of Amaroo Park was approved under delegated authority on 5 June 2014.

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

LINK TO CORPORATE PLAN Not relevant at this point in time. CONSULTATION Internal NIL External Because the proposed road names are not necessarily from local languages, comments were sought from the Traditional Owners of the Mareeba District to determine whether there was any objection to the proposed names. Multiple attempts were made to consult with the Traditional Owners between August 2013 and May 2014. Council officers have been unable to obtain a response from the Traditional Owners. LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) NIL POLICY IMPLICATIONS Council at its Ordinary Meeting held on 18 August 2010 adopted a Road Naming Policy. Under this policy, where a developer proposes road names which are not identified in the policy's list of pre-approved names, the request must be forwarded to Council for approval. The proposed names have been sourced from various Australian Aboriginal languages and would be a continuation of the established road naming theme used for the previously developed stages of Amaroo Park. There are no similarly named roads existing in the locality. The policy provides for the continuation of existing approved road naming themes where such themes are recognised in the policy. The existing Amaroo Park theme has not been recognised in the policy. Whilst the policy encourages developers to select proposed road names from a prepared list of available road names, it allows for developers to nominate names consistent with the theme of local history and cultural heritage. Clause 3.1.4 of the policy states as follows: 3.1.4 If a developer or proponent of a name change wishes to request a name which is not on an approved list for the relevant district, their request will be referred to Council for approval. When a developer or proponent of a new road name requests a name which is not from the approved lists, they must describe the origin of the name and demonstrate that it is consistent with the themes of local history and cultural heritage, as per clause 2.2, or an established theme for an area as per clause 2.5. The names proposed by the developer are not on the approved names list for Mareeba. In accordance with Clause 3.1.4 of the policy, however, officers do acknowledge that the names are a continuation of the existing Amaroo Park road naming theme. Page 66

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Assessment: It is considered that the applicant has sufficiently demonstrated that the proposed names are consistent with an existing road naming theme. In accordance with Clause 3.1.6 of the policy, the proposed road name types (eg Court, Close etc) are appropriate. FINANCIAL & RESOURCE IMPLICATIONS NIL IMPLEMENTATION/COMMUNICATION NIL ATTACHMENTS 1. 2.

TERM email of 25 March 2014 Drawing No. 1297-MP ROADS 03

Date Prepared:

18 June 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ITEM-3

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Z COWE & A SMITH - RECONFIGURING A LOT (1 INTO 2 LOTS) L105 SP223168, 397 EULUMA CREEK ROAD, JULATTEN DA/14/0009

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

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

Corporate and Community Services APPLICATION DETAILS

APPLICANT

APPLICATION Z Cowe & A Smith

ADDRESS

PREMISES 397 Euluma Creek Road, Julatten Lot 105 on SP223168

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

1 April 2014 Development Permit

FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

DA/14/0009 145.2719 hectares AREA Z Cowe & A Smith Z Cowe & A Smith OWNER Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ATTACHMENTS:

RPD

Reconfiguring a Lot - Subdivision creating 2 lots

Rural zone Code Assessment Not Applicable

1. 2.

Proposal Plan - SK01-00A (amended) Referral Agency Response - Department of State Development, Infrastructure and Planning letter dated 9 May 2014

EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is code assessable and was not required to undergo public notification. It has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and does not conflict with any relevant planning instrument. The key issues of the proposed development are whether the subject land was or was not good quality agricultural land and the most appropriate lot configuration. Page 71

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Draft conditions were provided to the Applicant and have been agreed. It is recommended that the application be approved in full with conditions.

OFFICER'S RECOMMENDATION 1.

That in relation to the following development application: APPLICATION Z Cowe & A Smith

APPLICANT

ADDRESS

1 April 2014 Development Permit

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

RPD

PREMISES 397 Euluma Creek Road, Julatten Lot 105 on SP223168

Reconfiguring a Lot - Subdivision creating 2 lots

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

APPROVED DEVELOPMENT: Development Permit for Reconfiguring a Lot - Subdivision creating 2 lots

(B)

APPROVED PLANS: Plan/Document Number SK01-00A (amended)

(C)

Plan/Document Title Proposal Plan Subdivision

Prepared by Z Cowe & A Smith

Dated n/a

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme 1.

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

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The conditions of the development permit must be complied with to the satisfaction of Councilâ&#x20AC;&#x2122;s delegated officer prior to the endorsement of the plan of survey, except where specified otherwise in these conditions of approval.

General 3.1

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 Councilâ&#x20AC;&#x2122;s delegated officer.

3.5

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.

3.6

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.

3.7

Bushfire Management 3.7.1

Any new dwelling erected on the subject land shall be in accordance with State Planning Policy 1/03, in particular: (i)

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

(ii)

An on-site water storage of not less than 5,000 litres, with a 50mm male camlock fire brigade fitting where necessary, is to be provided at the same time the dwelling is constructed.

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3.7.2

3.8

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A Bushfire Management Plan will be prepared in accordance with Appendix 8 of State Planning Policy 1/03 - Mitigating the Adverse Impacts of Flood, Bushfire and Landslide to the satisfaction of Council's delegated officer. The approved use must comply with the requirements of the Management Plan at all times.

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.

3.9

Charges All outstanding rates, charges and expenses pertaining to the land are to be paid in full.

3.10 Building Setback from Watercourse No new buildings are permitted within 50 metres of the high bank of Hickory Creek. 4.

Infrastructure Services and Standards 4.1

Access Access to each proposed lot must be constructed (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

On-Site Wastewater Management At the time a dwelling house is constructed on any of the proposed lots, an on-site effluent disposal system must be also constructed on the same lot in compliance with the latest version On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of the Council’s delegated officer.

(D)

ASSESSMENT MANAGER’S ADVICE (a)

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

(b)

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

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(c)

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Endorsement Fees Please be 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)

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)

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

(f)

conditions regarding bushfire management. an approved bushfire management plan. flood immunity. waterway setback. 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. An on-site effluent disposal system must be constructed in accordance with the approved site and soil evaluation report.

(g)

(E)

CONCURRENCE AGENCY CONDITIONS No requirements as advised by the Department of State Development, Infrastructure and Planning in their letter dated 9 May 2014.

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(F)

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

(G)

Reconfiguring a Lot not requiring Operational Works – two (2) years (starting the day the approval takes effect);

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

(H)

OTHER APPROVALS REQUIRED FROM COUNCIL  Access approval arising from condition number 4.1 (Please contact Council’s Regional Land Use Planning Group to obtain application form and applicable fee).

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

Infrastructure Charge Augmentation of the Road Network Contributions (Julatten) TOTAL CURRENT CHARGE

AMOUNT

Lots

Rate

Current Amount of Charge

$4,170.00

THE SITE The subject site is a large rural grazing property located at 105 Euluma Creek Road, Julatten and described as Lot 105 on SP223168, Parish of Salisbury, County of Solander. The subject site is made up of two irregularly shaped land parcels, naturally separated by a small spring fed creek (Hickory Creek), with a total combined area of 145.27 hectares. The subject site is zoned Rural under the Mareeba Shire Planning Scheme and further classified as Good Quality Agricultural Land by the Planning Scheme. The western portion of the site (proposed Lot 2) contains approximately 380 metres of frontage to Euluma Creek Road, while the eastern portion of the site (proposed Lot 1) contains approximately 2.3 kilometres of frontage to Pinnacle Road and approximately 170 metres of frontage to English Road. Both Euluma Creek Road and Pinnacle Road are constructed to bitumen sealed standards for their entire respective frontages while English Road is constructed to a formed gravel standard only. The subject land has existing accesses to both Euluma Creek Road and Pinnacle Road. A caretaker's residence and ancillary outbuildings are situated on the western portion of the site while the eastern portion does not contain any significant structures. The site is undulating and contains numerous moderately incised gullies resulting in slopes of up to 20 percent gradient. The land is predominately cleared and grassed with the exception of narrow belts of vegetation which remains along most gullies/watercourses. The vegetation along Hickory Creek is mapped as Remnant Vegetation of Least Concern Regional Ecosystem. Page 76

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An informal creek crossing has been established over Hickory Creek between the two land parcels. Surrounding properties are a mixture of large rural holdings, rural living allotments and rural residential allotments.

BACKGROUND AND CONTEXT NIL

PREVIOUS APPLICATIONS & APPROVALS Council, at its Ordinary Meeting held on 16 May 2013, resolved to refuse a similar application made by Z Cowe & A Smith for Reconfiguring a Lot - Subdivision creating 2 lots of land described as Lot 105 on SP223268, Parish of Garioch, situated at 397 Euluma Creek Road, Julatten. The reasons for refusal were 1.

The proposed development is in conflict with Part 4, Division 14, 4.77 Overall Outcomes for Rural Zone code: The overall outcomes sought for the Rural zone code are to achieve an area:

(b)

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

(c)

where Good Quality Agricultural Land is protected from fragmentation and alienation, not developed for purposes other than agricultural and support uses, and is protected from incompatible land uses in accordance with SPP 1/92.

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

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

Allotments to have a minimum area of 60 hectares and road frontage of 300 metres within the area identified on Agricultural Land Quality Maps S2, S3, S4, S5; or

The proposed development is in conflict with land use policy 2.6.1 of the Far North Queensland Regional Plan 2009-2031.

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

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Reconfiguring a Lot - Subdivision creating 2 lots in accordance with the plans shown in Attachment 1. Page 78

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The proposed subdivision will result in the creation of two (2) proposed allotments as follows: 

Proposed Lot 1 - 135.27 hectares, 2.3 kilometres of frontage to Pinnacle Road;



Proposed Lot 2 - 10 hectares, 380 metres of frontage to Euluma Creek Road.

The proposed allotments are based on the natural division of the subject land created by Hickory Creek. The existing caretaker's residence and ancillary buildings will be contained wholly within the confines of proposed Lot 2. Proposed Lot 1 will cover the majority of the grazing areas. Proposed Lot 1 would be accessed via Pinnacle Road and proposed Lot 2 will continue to use the existing access off Euluma Creek Road.

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

Strategic Rehabilitation Area



Terrestrial Area of General Ecological Significance



Terrestrial Area of High Ecological Significance



State & Regional Conservation Corridor

PLANNING SCHEME DESIGNATIONS Zone:

Rural Zone

Overlays

Significant Vegetation Overlay Natural Disaster Bushfire Overlay

RELEVENT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:(a)

Far North Queensland Regional Plan 2009-2031

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DRO 2.4 Primary Production & Fisheries Land Use Policy 2.6.1

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

Complies

Comments

ď&#x192;ź

The subject land is located within the indicative regional landscape and rural production area (RLRPA). The FNQRP State Planning Regulatory Provisions have been repealed and the Regional Plan no longer prescribes a minimum lot size for allotments subdivided in the RLRPA. Despite the repeal of the FNQRP State Planning Regulatory Provisions, the Regional Plan's planning principle to maintain economically viable farm lot sizes for agricultural land remains in effect. The Mareeba Shire Planning Scheme 2004 mapping includes the entirety of the subject land within the Good Quality Agricultural Land category and this formed the basis for the refusal of the previous reconfiguring a lot application in May 2013. The State Planning Policy released in December 2013 identifies limited portions of the subject land as Class A and Class B agricultural land. The majority of the Class A & B land being located in the eastern corner of the subject land well away from the proposed reconfigured boundary (Attachment 3). The State Planning Policy - December 2013 does not identify the subject land as being located within an Important Agricultural Area. At best, all of proposed Lot 2 and the majority of proposed Lot 1 may fall into Class C - pasture land. The State Planning Policy land categorisation is supported by an assessment undertaken on behalf of the applicants by John Kilpatrick, Agricultural Consultant for the Tropics. Based on the additional land quality information made available since the previous application was refused, Council officers now concur that the subject land should be assessed as not good quality agricultural land. The area of existing Lot 105 on SP223168 is sufficient to meet the planning schemes probable solution of 30 hectare minimum lot size for not GQAL lots. Council could condition the application to require the area of Lot 2 to be increased from 10 to 30 hectares. Council officers recommend against this approach as the 10 hectare lot coincides with the existing physical divide created by Hickory Creek. Maintaining the 10 hectare lot size results in the two most practical end allotments and retains the maximum amount of grazing pasture within Lot 1.

(b)

State Planning Policy

On 2 December 2013, the Department of State Development, Infrastructure and Planning introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. As such, this State Planning Policy is not reflected in the Planning Scheme and is therefore applicable to the assessment of the application. This officer has conducted an assessment of the proposed development against the provisions contained within the SPP and it is not considered to be in conflict with any relevant aspect of the SPP. Page 80

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Queensland State Planning Policy - December 2013 State Interest

Complies

Natural hazards

N/A/ď&#x192;ź/x

A development application for a material change of use, reconfiguring a lot or operational works on land within: (1)

a flood hazard area, or

(2)

a bushfire hazard area, or

(3)

a landslide hazard area, or

(4)

a coastal hazard area.

Assessment Requirements & Comments For all natural hazards: Development: (1) avoids natural hazard areas or mitigates the risks of the natural hazard, and (2) supports, and does not unduly burden, disaster management response or recovery capacity and capabilities, and (3) directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties, and (4) avoids risks to public safety and the environment from the location of hazardous materials and the release of these materials as a result of a natural hazard, and (5) maintains or enhances natural processes and the protective function of landforms and vegetation that can mitigate risks associated with the natural hazard, and Comment The proposed reconfiguration can be conditioned to comply with this aspect of the SPP.

(c)

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

Relevant Development Codes The following Development Codes are considered to be applicable to the assessment of the application: Part 4, Division 14 Part 5, Division 6 Part 5, Division 8 Part 6, Division 12

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

Comments The applications compliance with the following acceptable/probable solutions/performance criteria is discussed further in the Planning Discussion section of this report: ď&#x201A;§ď&#x20AC; 4.80 Specific Outcome S1 and Probable Solution PS1.2. Page 81

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Refer to discussion below. Significant Vegetation Overlay Code Natural Disaster Bushfire Overlay Code Reconfiguring a Lot Code

(e)

The application complies with applicable acceptable/probable solutions/performance criteria. The application complies with applicable acceptable/probable solutions/performance criteria. 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. 4 - Development Manual All development works (access) will be conditioned for construction in accordance with the FNQROC Development Manual standard. A sealed rural access should be provided for each proposed allotment. (f)

Adopted Infrastructure Charges Notice

Roadworks In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, a contribution towards the external road network would be applicable for the additional allotment. Based on the 2014/2015 road contribution rate, the following contribution is applicable: ď&#x201A;ˇď&#x20AC; 1 lot x $4,170 = $4,170.00 REFERRALS Concurrence The application triggered referral to the Department of State Development, Infrastructure and Planning (DNRM - Strategic Cropping Land) as a Concurrence Agency. That Department advised in a letter dated 9 May 2014 that they have no requirements for the application (Attachment 2). Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development engineering - access.

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PLANNING DISCUSSION Compliance with the overall outcomes and relevant acceptable solutions/probable solutions of the Rural Zone Code are summarised as follows: Compliance with the overall outcomes for the Rural Zone: The overall outcomes sought for the Rural Zone code are to achieve an area: (b)

where agricultural production and the raising of animals are protected from incompatible land uses; Comment There is an existing dwelling house on proposed Lot 2 (10 hectares lot) which is located approximately 200 metres from the agricultural activities occurring on western side of Euluma Creek Road. The excision of this dwelling house onto a separate lot does not alter the level of existing farming constraints. Any new dwelling constructed on vacant proposed Lot 1 would be located well in excess of 300 metres (the planning schemes nominated separation buffer) from any nearby agricultural activities. The proposed development is not considered to be in conflict.

Compliance with the specific outcomes and probable solutions for the Rural Zone: Reconfiguring a Lot S1

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

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

Comment The subject land is located within the indicative regional landscape and rural production area (RLRPA). The FNQRP State Planning Regulatory Provisions have been repealed and the Regional Plan no longer prescribes a minimum lot size for allotments subdivided in the RLRPA. Despite the repeal of the FNQRP State Planning Regulatory Provisions, the Regional Plan's planning principle to maintain economically viable farm lot sizes for agricultural land remains in effect. The Mareeba Shire Planning Scheme 2004 mapping includes the entirety of the subject land within the Good Quality Agricultural Land category and this formed the basis for the refusal of the previous reconfiguring a lot application in May 2013. The State Planning Policy released in December 2013 identifies limited portions of the subject land as Class A and Class B agricultural land. The majority of the Class A & B land Page 83

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being located in the eastern corner of the subject land well away from the proposed reconfigured boundary (Attachment 3). The State Planning Policy - December 2013 does not identify the subject land as being located within an Important Agricultural Area. At best, all of proposed Lot 2 and the majority of proposed Lot 1 may fall into Class C pasture land. The State Planning Policy land categorisation is supported by an assessment undertaken on behalf of the applicants by John Kilpatrick, Agricultural Consultant for the Tropics. Based on the additional land quality information made available since the previous application was refused, Council officers now concur that the subject land should be assessed as not good quality agricultural land. The area of existing Lot 105 on SP223168 is sufficient to meet the planning schemes probable solution of 30 hectare minimum lot size for not GQAL lots. Council could condition the application to require the area of Lot 2 to be increased from 10 to 30 hectares. Council officers recommend against this approach as the 10 hectare lot coincides with the existing physical divide created by Hickory Creek. Maintaining the 10 hectare lot size results in the two most practical end allotments and retains the maximum amount of grazing pasture within Lot 1 The proposed development is considered to be consistent with Specific Outcome S1.

Date Prepared:

19 June 2014

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ATTACHMENT 1 - APPROVED PLANS (DWS VS 3536923)

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ATTACHMENT 2

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ATTACHMENT 3

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ITEM-4

Wednesday 02 July 2014

S & C TORRISI - RECONFIGURING A LOT - SUBDIVISION (1 INTO 2 LOTS) - L109 CP867369 AND L193 & 194 DA262 - 687 SPRINGS ROAD MAREEBA DA/14/0006

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

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

Corporate and Community Services APPLICATION DETAILS

APPLICANT

APPLICATION S & C Torrisi

ADDRESS

DATE LODGED

13 March 2014

TYPE OF APPROVAL PROPOSED DEVELOPMENT

Development Permit

FILE NO

DA/14/0006

Reconfiguring a Lot - Subdivision (1 into 2 Lots) Lot 109 - 65.21 Ha Lot 193 - 2.446 Ha Lot 194 - 1,265m2 Projex Partners Pty Ltd G & G Torrisi OWNER Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

ATTACHMENTS:

RPD

PREMISES 687 Springs Road, Mareeba Lot 109 on CP867369 and Lot 193 & 194 on DA262

AREA

Rural Code Assessment N/A - Code Assessment

1. 2. 3.

Proposal Plan/s - Projex Partners Pty Ltd dated 25 February 2014 (DWS VS# 3529151) Referral Agency Response - Department of State Development Infrastructure and Planning (SARA - DNRM) dated 29 May 2014 Applicants Representations dated 2 March 2013

EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is code assessable and was therefore not required to undergo public notification.

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A development permit for reconfiguring a lot - subdivision is sought to create two new allotments based on the existing severances of Lot 109 on CP867369 which are formed by the SunWater irrigation channel. The subject site is situated on the fringes of the 'Paddy's Green' farming area and is mapped as Good Quality Agricultural Land (GQAL) for its entirety. The application and supporting material has been assessed against the relevant statutory planning instruments, including the FNQ Regional Plan, the State Planning Policy, and the Mareeba Shire Planning Scheme (including codes and policies) and is in conflict with provisions contained within the Mareeba Shire Planning Scheme Part 4 Division 14 - Rural Zone Code. This officer assessment has not identified sufficient grounds to justify an approval despite these conflicts. Both proposed allotments are smaller than the Planning Scheme's desired minimum lot size of 60 hectares for GQAL, with proposed Lot 12 being significantly smaller at just 8.6 hectares. It is acknowledged that the subject land has been fragmented by channel infrastructure since the early 1960's however; this is not considered to be a sufficient planning ground to justify further fragmentation of GQAL. There are numerous instances where GQAL is successfully farmed despite being physically fragmented by irrigation infrastructure, road reserve or drainage areas. The application has significant conflicts with the Mareeba Shire Planning Scheme and it is recommended that this application be refused. At its Ordinary Meeting held on 18 June 2014, Council requested that, in relation to this application lodged with Council on 13 March 2014 by Projex Partners Pty Ltd on behalf of S & C Torrisi for Reconfiguring a Lot in respect of Lot 109 on CP867369 and Lot 193 & 194 on DA262, located at 687 Springs Road, Mareeba, that a further report should be prepared setting out appropriate conditions for approval of the application. Proposed conditions for approval have been drafted and are presented in the officer's recommendation.

OFFICER'S RECOMMENDATION "That in relation to the development application lodged by S & C Torrisi for Reconfiguration of Lot 109 on CP867369 and Lot 193 & 194 on DA262 which was considered at the previous meeting of Council, the application be approved subject to the following conditions. And further that the reasons for approval contrary to the assessment officer's recommendation are as follows:  The land is already physically severed by the SunWater irrigation channel within Lot 189 on DA292. 

Both proposed allotments will contain established dwelling houses, so there will be no increase in population density within the rural zone. Conditions 1.

That in relation to the following development application:

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APPLICATION S & C Torrisi

APPLICANT

ADDRESS

DATE LODGED

13 March 2014

TYPE OF APPROVAL PROPOSED DEVELOPMENT

Development Permit

RPD

PREMISES 687 Springs Road, Mareeba Lot 109 on CP867369 and Lot 193 & 194 on DA262

Reconfiguring a Lot - Subdivision (1 into 2 Lots)

APPROVED DEVELOPMENT: Development Permit for Reconfiguring a Lot - Subdivision of 1 lot into 2 lots

(B)

APPROVED PLANS: Plan/Document Number TOR-01

(C)

Plan/Document Title Proposed for Torrisi

Subdivision

Prepared by n/a

Dated 25.02.2014

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme 1.

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

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 or the payment of

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infrastructure charges within the conditions of approval or the Adopted Infrastructure Charges Notice. 3.2

3.3

3.4

3.5

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.

3.6

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.

3.7

Bushfire Management A Bushfire Management Plan 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

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.

3.9

Charges All outstanding rates, charges and expenses pertaining to the land are to be paid in full.

Infrastructure Services and Standards 4.1

Access Access to each proposed lot must be maintained (from the edge of the road pavement to the property boundary) in accordance with the FNQROC Development Manual, to the satisfaction of Councilâ&#x20AC;&#x2122;s delegated officer. Page 92

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Wednesday 02 July 2014

Access Easements The following easements must be provided for the purposes of access: (i)

Easement within Lot 194 on DA262 in favour of proposed Lot 12;

(ii)

Easement within Lot 193 on DA262 in favour of proposed Lot 11.

The developer is to pay all costs (including Council’s legal expenses) to prepare and register the easement documents, using Council’s standard form of easement. The approved easement documents must be submitted 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 & Mines in conjunction with the plan of survey. (D)

ASSESSMENT MANAGER’S ADVICE (a)

(b)

(c)

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

(d)

flood immunity bushfire management plan

(e)

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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)

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

(F)

Reconfiguring a Lot not requiring Operational Works – two (2) years (starting the day the approval takes effect);

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

(G)

Date Prepared:

19 June 2014

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3529151)

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ATTACHMENT 2

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ATTACHMENT 3

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ITEM-5

Wednesday 02 July 2014

APPLICATION TO REMOVE CONDITION OF TERM LEASE 234652 - LOT 8 HG686, PARISH OF WESTERN

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

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 removal of a condition from Term Lease 234652 over land described as Lot 8 on HG686, Parish of Western, situated off Walsh River Road, Watsonville. The subject condition prevents the lessee from making an application for the conversion of the term lease to freehold. DNRM seeks Council's views on the removal of the non-conversion condition and 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 removal of the non-conversion condition from Term Lease 234652 over Lot 8 on HG686, Parish of Western and further advise the Department of Natural Resources and Mines that Council has no knowledge of any non-indigenous cultural heritage values associated with Lot 8 on HG686." BACKGROUND DNRM is currently considering an application for the removal of a condition from Term Lease 234652 over land described as Lot 8 on HG686, Parish of Western, situated off Walsh River Road, Watsonville. The subject condition prevents the lessee from making an application for the conversion of the term lease to freehold. The subject land has an area of 6.811 hectares and is located approximately 8.5 kilometres north-east of Watsonville, on the southern bank of the Walsh River.

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

The land does not have frontage to a gazetted road reserve, instead it is accessed via a gravel track which traverses unallocated State land (Lot 567 on OL57) before connecting to Walsh River Road. The absence of frontage to a gazetted road is common to all twelve (12) leased allotments in the immediate vicinity. The existing lease is for rural residential purposes and the land has been improved with a dwelling house. DNRM has requested Council's views on the removal of the non-conversion condition and whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. LINK TO CORPORATE PLAN Not relevant at this point in time. CONSULTATION NIL LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) NIL POLICY IMPLICATIONS The subject land has is zoned Rural under the Mareeba Shire Planning Scheme. There is no objection to the continued use of the land for rural residential purposes. The absence of frontage to a gazetted road is not relevant to the current request, but it will be relevant to any future application to convert the subject land to freehold. FINANCIAL & RESOURCE IMPLICATIONS NIL IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter. ATTACHMENTS 1.

Department of Natural Resources and Mines letter dated 6 June 2014.

Date Prepared:

12 June 2014

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ATTACHMENT 1

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ITEM-6

Wednesday 02 July 2014

APPLICATION FOR RENEWAL OF TERM LEASE 207652 ON LOT 300 CP898464, PARISH OF MASTERTON

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

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 renewal of Term Lease 207652 over land described as Lot 300 on CP898464, Parish of Masterton, situated on Campbell Road, Mutchilba. The existing and proposed use of the land is agricultural purposes. DNRM seeks Council's views on the renewal of the term lease and 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 renewal of the term lease for agricultural purposes over land described as Lot 300 on CP898464, Parish of Masterton and advise the Department of Natural Resources and Mines that there are no known local non-indigenous cultural heritage values associated with the land." BACKGROUND DNRM is currently considering an application for the renewal of Term Lease 207652 over land described as Lot 300 on CP898464, Parish of Masterton. Lot 300 has an area of 4.878 hectares and has no frontage to a gazetted road reserve (a SunWater channel access adjoins the northern boundary). It is currently leased by the owners of adjoining freehold Lot 296 on CP898464 and is developed as an extension of the extensive orchards within Lot 296. Should the lease renewal be approved, it is proposed that the land continue to be used for agricultural purposes.

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

DNRM seeks Council's views on the renewal of the term lease and whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. LINK TO CORPORATE PLAN Not relevant at this point in time. CONSULTATION NIL LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) NIL POLICY IMPLICATIONS 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 agricultural purposes and there are no known non-indigenous cultural heritage values associated with the subject land. FINANCIAL & RESOURCE IMPLICATIONS NIL IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter. ATTACHMENTS 1.

Department of Natural Resources and Mines letter dated 6 June 2014

Date Prepared:

12 June 2014

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ATTACHMENT 1

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ITEM-7

Wednesday 02 July 2014

CONVERSION TO FREEHOLD AND DISPOSAL OF LOT 118 ON HG86, PARISH OF LEADINGHAM

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

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

Corporate and Community Services

EXECUTIVE SUMMARY The Department of Natural Resources and Mines (DNRM) is proposing the conversion to freehold and disposal of land described as Lot 118 on HG86, Parish of Leadingham, situated at Leadingham Creek Road, Dimbulah. DNRM seeks Council's views on the conversion to freehold and 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 and disposal of land described as Lot 118 on HG86, Parish of Leadingham and further advise the Department of Natural Resources and Mines that Council has no knowledge of any non-indigenous cultural heritage values associated with Lot 118 on HG86." BACKGROUND The Department of Natural Resources and Mines (DNRM) is proposing the conversion to freehold and disposal of land described as Lot 118 on HG86, Parish of Leadingham, situated at Leadingham Creek Road, approximately 1.5 kilometres north-west of Dimbulah. The subject land has an area of 71.01 hectares and is zoned Rural under the Mareeba Shire Planning Scheme 2004. Whilst the land is currently unused, Council has historically used it for gravel extraction and evidence of this activity is clearly visible on recent aerial photographs. Council has previously considered the subject land for the purposes of a Dimbulah landfill and also as the site of a potential Dimbulah sewerage treatment plant. Neither of these projects progressed beyond the initial investigation stage.

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

DNRM seeks Council's views on the conversion to freehold and whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. LINK TO CORPORATE PLAN Not relevant at this point in time. CONSULTATION Internal Council's Manager - Works advises that the subject land is no longer used or required for gravel extraction. External NIL LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) NIL POLICY IMPLICATIONS There is no objection to the conversion to freehold and there are no known non-indigenous cultural heritage values associated with the subject land. FINANCIAL & RESOURCE IMPLICATIONS NIL IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter. ATTACHMENTS 1.

Department of Natural Resources and Mines letter dated 6 June 2014

Date Prepared:

11 June 2014

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ATTACHMENT 1

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GRANTS AND CORPORATE AND COMMUNITY PLANNING ITEM-8

MAREEBA GYMNASTICS CENTRE BUILDING EXTENSION

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

REPORT AUTHOR/ OFFICERâ&#x20AC;&#x2122;S TITLE:

Senior Land & Facilities Officer

DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Tenders have been invited for the construction of an extension building to the existing Mareeba Gymnasium located in Centenary Lakes reserve off Abbott Street Mareeba. This report details the submissions received for the project and provides a recommendation of a tenderer for the project based on a consistent methodology. OFFICER'S RECOMMENDATION OFFICER'S RECOMMENDATION "That Council resolves to award the tender for the Extension to the Mareeba Gymnastics Centre (T-MSC2014-16) to Mindil Pty Ltd for the tendered price of $257,520 (incl GST) and authorise a lighting upgrade to be carried out in the existing building within the total budget allocation in the 2013/14 financial year." BACKGROUND In the 2013/2014 Capital Budget, Council provided an allocation for the Extension of the Mareeba Gymnastics Centre Building. The extension will mean that the Gymnastics Hall will be the only venue north of Townsville that can hold Gymnastics Queensland sanctioned events. These events allow competitors to receive a ranking that then enable qualification for State and National events. In addition to the building extension, the lighting in the existing building has long been recognised as unsatisfactory both in lighting content, or lux produced, and the inability to carry out affordable repairs and maintenance. If funding permitted, it was determined by council that a rectification plan be approved as part of the overall project. TENDER EVALUATION Council's Guidelines for Calling Tenders and Administering Contracts were adhered to for the procurement of goods and services for the extension to the Mareeba Gymnasium as the purchase was expected to exceed $220,000 (inc GST).

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As a result of advertising, tenders closed on 27 May 2014 and eight (8) tenders were received as per the summary attached. One (1) tender was considered nonconforming as it was not in the tender box at the time of opening. The remaining tenders were assessed and included as conforming. METHODOLOGY Tenders assessment was undertaken using a weighted evaluation points system based on a set of criteria as follows: • • • • •

Relevant Experience Key Personnel Skills and Experience10% Tenderers Resources Demonstrated Understanding Pricing

25% 5% 20% 40%

Tenders were assessed against the above-mentioned weighted criteria by allocating a point score in the range 0 - 5 with the highest score deemed to be the preferred tender. Of the seven (7) conforming tenders, the lowest four (4) costed tenders were evaluated in detail and were assessed as follows: Tenderer

Tender Sum

Weighted Score

Ranking

Mindil Pty Ltd Osbourne Construction Shane Smith Builders Pty Ltd WIP Qld Pty Ltd

$257,520 $258,159 $260,260 $275,726

5.84 5.83 5.70 5.49

1 2 3 4

The number of tenders received with similar pricings demonstrated the current competitive tender market in the area. Indicative prices were supplied by Turner & Townsend, Quantity Surveyors. In response to the above assessment undertaken by Council officers, Mindil Pty Ltd are presented to Council as the preferred tenderer for this project. LINK TO CORPORATE PLAN Not relevant at this point in time. CONSULTATION Internal Mayor Director Corporate and Community Service Manager Community Wellbeing Manager Technical Services Project Delivery/Investigations Investigations External Nil

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LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) NIL POLICY IMPLICATIONS The recommendation is in accordance with Councilâ&#x20AC;&#x2122;s Procurement Policy and Guidelines for Calling Tenders and Administering Contracts FINANCIAL & RESOURCE IMPLICATIONS Capital Funding is available in the 2013-14 financial year budget. Operating Council has the responsibility for funding for future building maintenance Is the expenditure noted above included in the 2013/2014 budget? Yes IMPLEMENTATION/COMMUNICATION Tender will be let once the decision process has been completed and approval received from Council. ATTACHMENTS NIL Date Prepared:

20/6/2014

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COMMUNITY WELLBEING ITEM-9

FINANCIAL AND IN KIND SUPPORT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Community Development and Engagement Officer

DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY This report presents, for Council consideration, the final community requests for financial and inkind support which were received before 18 June 2014 but were unable to be processed in time for inclusion in the previous report presented on 18 June 2014. These are the final applications to be funded from the 2013/2014 budget. Six (6) applications totalling $1,920 have been assessed in accordance with the Financial and InKind Support Program policy. OFFICER'S RECOMMENDATION "That Council note staff approved applications totalling $1,920 being:  Mareeba State High School - youth achievement $250 (FIKS 1546),  Johnson Makoti - youth achievement $100 (FIKS 1549),  Ngoonbi Co-operative Society Ltd for NAIDOC – mixed request $1,000 (FIKS 1548),  Mutchilba State School P&C Committee - in-kind $200 (FIKS 1547),  Rotary Taste of the Tablelands Festival - in-kind $120 (FIKS 1544) and  North Queensland Miners Association – cash $250 (FIKS 1545).” BACKGROUND The following applications were received and have been assessed by staff as follows: FIKS 1546 READERS CUP TEAM - MAREEBA STATE HIGH SCHOOL Youth Achievement (team)

$250

The students of Mareeba State High School have competed at the Far North Queensland Regional competition of the Reader’s Cup and placed first and second. Five (5) members of the successful teams now have the opportunity to represent the region at the State Final in Brisbane during the Brisbane Writer’s Festival. The students will compete against other regions in Queensland. The students have always placed well and two (2) years ago the Mareeba State High team held the title of State Champions. The High School is requesting financial assistance from Council towards the anticipated expenses for the trip to Brisbane. The $250 cash donation is in accordance with the current FIKS policy for Youth Assistance Teams.

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Education Queensland requested assistance from Council to conduct the Regional Reader's Cup event in Malanda and assistance for the event was declined because it was not eligible under the FIKS policy, but was advised that should any students residing in the Mareeba Shire be selected to compete at the state event, then Council could assist under the FIKS Youth Assistance policy. This advice was provided before the FIKS policy was recently reviewed which has led to Youth Assistance no longer being offered in 2014/15. It was decided to honour the advice provided to Education Queensland and this request was approved under staff delegations. FIKS 1549 JOHNSON MAKOTI Youth achievement (individual)

$100

Johnson Makoti has been selected to participate in the 2014 Peninsula Cross Country event in Toowoomba, Sunday, 20th July 2014. To have the opportunity to compete in the State Championships Johnson participated in the Peninsula Team Trials and placed second. History this financial year – Nil FIKS 1548 NGOONBI CO-OPERATIVE SOCIETY LTD For NAIDOC activities on July 9, 2014. Cash donation - $750 (temporary road closure by SES, hire of stage equipment) In-kind assistance - $250 (extra rubbish bins in park)

$1,000

Ngoonbi Co-Operative Society Ltd, in conjunction with Kuranda NAIDOC Committee, plan to hold their annual NAIDOC celebration on Wednesday, 9 July 2014 in Centenary Park at Kuranda. NAIDOC Week celebrations are held across Australia each July to celebrate the history, culture and achievements of Aboriginal and Torres Strait Islander peoples. The 2014 theme is “Serving Country – Centenary and Beyond” and specifically honours Aboriginal and Torres Strait Islander men and women who have fought in defence of Australia. The goal of the Kuranda NAIDOC Day 2014 is to advance the 2014 theme, to celebrate unity, empowerment, history and achievements and to promote understanding of Indigenous culture. A march will be held through the main streets of Kuranda and be followed by activities for all ages in Centenary Park which will include a memorial service, storytelling, music, food and dance. Assistance requested from Council includes:  Cash donation of $750 to cover contributions to the SES for road closure ($250) and the hire of stage equipment ($500)  In-kind assistance for the delivery, collection, emptying and cleaning of four (4) extra rubbish bins to Centenary Park ($250) History this financial year – Nil FIKS 1547 MUTCHILBA STATE SCHOOL P&C COMMITTEE INC. In-kind assistance – 400 chairs and 80 tables not delivered

$200

The applicant has requested delivery and collection of items however it is recommended the applicant collect and return items themselves to reduce the cost to Council. Mutchilba State School are celebrating their 75th anniversary of the opening of their school on 23 August 2014. The Mutchilba State School P&C Committee has requested the use of 400 chairs (had requested 500 but only 400 are available in stock) and 80 tables through Council’s in-kind assistance. The Page 124

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P&C had initially requested that the chairs and tables be delivered and collected by Council however, have agreed to collect and return the items themselves. The cost to Council is quoted at $200 being for the loading and unloading of the items. The applicant will be required to:  collect and return 400 chairs and 80 tables during normal work hours (Monday – Friday, 7am – 3pm) and  clean all items (if this is not completed, cleaning costs will be charged to the applicant). History this financial year – $100 Cash donation being for End of Year ceremony

FIKS 1544 ROTARY TASTE OF THE TABLELANDS FESTIVAL In-kind assistance – tiered seating not delivered

$120

The applicant has requested delivery and collection of items however it is recommended the applicant collect and return items themselves to reduce the cost to Council. This year the Tastes of the Tablelands Festival will be held on 19 October at the Hou Wang Chinese Temple Grounds in Atherton. Rotary Tastes of the Tablelands Festival is a celebration of the region we live in and the food produced here. It allows producers to showcase their locally grown produce while at the same time receive valuable feedback from their customers on a face to face level. The event attracts approximately 4800 people annually with approximately 100 stall holders providing a social community event with entertainment by local talent, chef’s demonstration and competition, activities for children and a wide variety of food experiences. It has been a key community event since 2008 and has been generously supported by Council and Tourism Events Qld each year. The festival organisers had initially requested that tiered seating be delivered and collected by Council however, have agreed to collect and return the seating themselves. The cost to Council is quoted at $120 being for the loading and unloading of the seating by forklift. The applicant will be required to:  collect and return the seating during normal work hours (Monday – Friday, 7am – 3pm) and  clean the seating (if this is not completed, cleaning costs will be charged to the applicant). Access to tiered seating for this event is recommended for approval, despite the FIKS policy requirement that events take place within the Mareeba Shire Council boundaries, due to an agreement made with Tablelands Regional Council (TRC) during de-amalgamation that event equipment be shared between councils wherever possible (TRC has no tiered seating). History this financial year – Nil FIKS 1545 NORTH QUEENSLAND MINERS ASSOCIATION In-kind assistance – extra bins ($250), 70 chairs and 25 tables not delivered (no charge)

$250

The applicant has requested delivery and collection of items however it is recommended the applicant collect and return items themselves to avoid extra expense to Council. The North Queensland Miners Association is holding their Annual Gold Panning Event on Saturday, 9th August 2014 in Centenary Park, Mareeba. The event aims to promote mining within North Queensland. Assistance requested from Council includes in-kind assistance for the delivery, collection, emptying and cleaning of five extra rubbish bins in Centenary Park ($250) and the use of 70 chairs and 25 tables (no charge). The NQMA had initially requested the 70 chairs and 25 tables

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be delivered and collected by Council however, have agreed to collect and return the items themselves. The applicant will be required to:  collect and return the items during normal work hours (Monday – Friday, 7am – 3pm) and  clean the items (if this is not completed, cleaning costs will be charged to the applicant). History this financial year – Nil It is noted that an application from the Mareeba All Breeds Horse Show for the purchase of a trailer was received however it was received well outside the required timelines for the current event and as such has not been able to be processed. With regards to their request for funding for the 2014-15 financial year this will be considered in line with the revised policy that will be tabled to Council shortly. SUMMARY OF APPLICATIONS 1.

Total Ongoing Approvals 2014 / 2015

Funds Approved to Date

75,276

Recommended Approvals this Report

Total $

75,276

2. FIKS Six Month Budget Summary 1/1/14 to 30/6/14 2013/2014 Financial & In-Kind Support Budget

87,500

Funds Previously Committed as Ongoing Applications

12,089

Funds Previously Committed as Rate Reimbursement

17,244

Funds Previously Committed as One-Off Approvals (including staff approvals)

24,377

Balance Available for Distribution 2013/2014

33,790

Recommended Ongoing Approvals this Report

Recommended One-off Council Approvals this Report (including staff approvals)

1,920

Funds Available for Allocation if Recommendations are Approved

31,870

LINK TO CORPORATE PLAN Not relevant at this point in time. CONSULTATION Internal Manager Community Wellbeing Community Development & Engagement Officers Page 126

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LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) NIL POLICY IMPLICATIONS NIL

FINANCIAL & RESOURCE IMPLICATIONS Capital NIL Operating As per the Financial and In-Kind Support Program budget Is the expenditure noted above included in the 2013/2014 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure NIL IMPLEMENTATION/COMMUNICATION NIL ATTACHMENTS NIL

Date Prepared: 20 June 2014

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GOVERNANCE AND COMPLIANCE ITEM-10

COUNCILLOR REMUNERATION REPORT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

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

Corporate and Community Services

EXECUTIVE SUMMARY As a result of changes by the Remuneration and Discipline Tribunal to the way that remuneration for Councillors in Category 3 Councils is to be paid from 1 July 2014, there is a need for each affected local government to determine how and when it will pay the meeting fee component of the remuneration to its Councillors. The Department of Local Government, Community Recovery and Resilience has recommended that affected local governments adopt a policy which covers as a minimum:  whether the mayor or chief executive officer certify attendance and the method of certification  whether meeting fees are payable where leave is granted It is considered that the simplest way to address this issue is to amend the Council's existing Councillor Remuneration, Expenses Reimbursement and Resources Policy. Draft amendments have been made to that policy and are presented herewith for adoption by Council. OFFICER'S RECOMMENDATION "That Council adopt the amended Councillor Remuneration, Expenses Reimbursement and Resources Policy attached hereto." BACKGROUND The Local Government Remuneration and Discipline Tribunal is responsible for determining the amount of remuneration payable to local government Councillors in Queensland. In accordance with the relevant sections of the Local Government Regulation 2012, the Tribunal must, on or before 1 December each year and for each category of local government, decide and publish in the Gazette the remuneration schedule that may be paid from 1 July of the following year to a Mayor, Deputy Mayor or a Councillor of a local government in each category. In determining the amount of remuneration payable from 1 July 2014, the Tribunal, in its 2013 Report, made changes to the way that remuneration is paid to Councillors in Category 3 Councils, which Category includes Mareeba Shire Council. The Tribunal has determined that Category 3 Councillors should be paid: Page 129

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1. A base payment equivalent to 50% of the maximum amount of remuneration as determined by the Tribunal or, where a Council decides, by resolution, not to pay the maximum amount, 50% of the lesser amount determined by the Council. 2. A meeting fee component equivalent to the remaining 50% after deducting the base payment in 1 above which is paid to Councillors (other than the Mayor and Deputy Mayor who receive the full remuneration) for attendance at mandated monthly meetings of the Council, subject to certification of attendance by the Mayor or Chief Executive Officer of the Council. However, in making the above determination, the Tribunal did not provide any guidance in relation to matters such as what proportion of time in attendance at a meeting entitles payment of a meeting fee and whether a meeting fee is payable to Councillors absent from meetings where leave has been granted for all or part of a meeting by the Council. To address this issue, the Department of Local Government, Community Recovery and Resilience has recommended that affected local governments adopt a policy which covers as a minimum:  whether the mayor or chief executive officer certify attendance and the method of certification  whether meeting fees are payable where leave is granted. As Council already has an adopted Councillor Remuneration, Expenses Reimbursement and Resources Policy in place, it was considered that the simplest way to implement the Department's recommendation is to amend the existing policy. Proposed amendments to the existing policy were discussed with Council in a workshop on 18 June 2014 and those draft amendments have now been further amended as requested by Council and the final version of the amended policy is now presented for adoption by Council. LINK TO CORPORATE PLAN Not relevant at this point in time. CONSULTATION Internal Chief Executive Officer Councillors External Department of Local Government, Community Recovery and Resilience LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Council is required, by legislation, to pay remuneration to its Mayor, Deputy Mayor and Councillors in accordance with the remuneration levels set by the Remuneration and Discipline Tribunal unless it determines, by resolution, to pay a lesser amount than that set by the Tribunal. However, in making its determination of remuneration levels to apply from 1 July 2014, the Tribunal did not provide guidance on how and when the 'meeting fee' component of remuneration payable to Category 3 Councillors is to be paid.

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The Department of Local Government, Community Recovery and Resilience has recommended that affected local governments adopt a policy to address the payment of the meeting fee component to Councillors. POLICY IMPLICATIONS Council's existing policy on Councillor Remuneration, Expenses Reimbursement and Resources has been amended to include guidance on how the meeting fee component of Councillor remuneration is to be paid. FINANCIAL & RESOURCE IMPLICATIONS Nil - appropriate budget provision is made for Councillor remuneration. IMPLEMENTATION/COMMUNICATION Advice will be provided to Council's Payroll Officer to implement the changes from 1 July 2014. ATTACHMENTS 1. 2.

Amended Councillor Remuneration, Expenses Reimbursement and Resources Policy (amendments are in blue type). Advice note from the Department of Local Government, Community Recovery and Resilience to Category 3 Councils.

Date Prepared:

20 June 2014

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ITEM-11

Wednesday 02 July 2014

OPERATIONAL PLAN

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

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

Corporate and Community Services

EXECUTIVE SUMMARY The Local Government Regulation 2012 requires that each local government must prepare an annual Operational Plan that is to be adopted prior to, or at the same time as, the adoption of the annual budget. This report presents the proposed Operational Plan for the 2014/15 financial year. OFFICER'S RECOMMENDATION "That the Operational Plan for the 2014-15 financial year, as attached, be adopted." BACKGROUND Council is required by legislation to adopt an annual Operational Plan. The Operational Plan must be consistent with the annual budget and show how the local government will progress the implementation of the 5 year corporate plan during the period of the annual operational plan and manage operational risks. The draft operational plan attached hereto shows those projects and activities that are intended to be progressed during the next twelve months. Each project or activity shows a linkage to the draft five year Corporate Plan that has been prepared by Council and which has been submitted for adoption for the purpose of public consultation by way of a separate report. LINK TO CORPORATE PLAN Each project or activity listed in the Operational Plan shows a link to the relevant Corporate Plan strategy within the Council's draft 5 year Corporate Plan. CONSULTATION Internal Chief Executive Officer All Directors and Managers External Nil

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LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Preparation of an annual Operational Plan is a requirement of the Local Government Regulation 2012. The plan includes a section showing how identified operational risks will be managed during the period of the operational plan. POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital The Operational Plan is to be consistent with the Council's budget and refers to capital projects that will be carried out during the 2014/15 financial year. Operating A number of the projects/activities listed in the Operational Plan will be undertaken via the Council's operational budget. Is the expenditure noted above included in the 2014/2015 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION Once adopted, the projects/activities listed in the operational plan will be progressed during the 2014/15 financial year and reports on progress submitted to Council on a quarterly basis. ATTACHMENTS 1.

Operational Plan for the 2014/15 financial year.

Date Prepared:

26 June 2014

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ITEM-12

Wednesday 02 July 2014

CORPORATE PLAN

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

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

Corporate and Community Services

EXECUTIVE SUMMARY The Local Government Act 2009 and the Local Government Regulation 2012 require that each local government must prepare a 5 year Corporate Plan that incorporates community engagement. The Corporate Plan must outline the strategic direction of the local government over the 5 year period and annual budgets adopted by the local government must be consistent with the Corporate Plan. This report presents the draft Corporate Plan for the 5 year period 2014 - 2019 for adoption by Council for the purpose of then going out to public consultation. OFFICER'S RECOMMENDATION "That the draft Corporate Plan for the 5 year period 2014 - 2019, as attached, be adopted for the purpose of public consultation." BACKGROUND Council is required by section 104 of the Local Government Act 2009 and section 166 of the Local Government Regulation 2012 to adopt a five year Corporate Plan that incorporates community engagement. Following a one day strategic planning workshop on 23 May 2014 facilitated by an external consultant, a draft vision, mission, goals and strategies were prepared by the consultant and these were then incorporated into a draft Corporate Plan by Council's Governance section. The draft document was then workshopped with the Executive Management Team and the Mayor and Councillors and all feedback received was incorporated into the document attached to this report. It is now intended that the draft Corporate Plan go out for public comment and feedback for a period of six weeks and Council is requested to adopt the draft Plan for this purpose. All comments and feedback received will be reported back to Council and if necessary, the draft Plan may require amendment to incorporate specific issues raised by the community.

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LINK TO CORPORATE PLAN This report deals with the adoption of a draft 5 year Corporate Plan for the purpose of public consultation. CONSULTATION Internal Mayor and Councillors Chief Executive Officer Senior Management staff External Consultant - Reinforcements (Management & Decision Support Services) Pty Ltd LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Preparation of a five year Corporate Plan is a requirement of the Local Government Act 2009 and the Local Government Regulation 2012. POLICY IMPLICATIONS Council's strategic direction for the next 5 years is determined by the Corporate Plan. FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION Once adopted, the draft plan will be placed on Council's website and publicly advertised via advertisements in the Mareeba Express, Kuranda Paper, Tablelands Advertiser and Cairns Post on 3rd and 4th July 2014. Copies will also be made available at Council's Mareeba and Kuranda service centre and at all libraries. A period of six weeks has been allowed for public comment and feedback. ATTACHMENTS 1.

Draft Corporate Plan for the 5 year period 2014 - 2019.

Date Prepared:

26 June 2014

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INFRASTRUCTURE SERVICES TECHNICAL SERVICES ITEM-14

UPDATE REPORT ON REQUEST FROM MACKAY SUGAR TO EXTEND B-DOUBLE ROUTES WITHIN MAREEBA SHIRE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

REPORT OFFICER’S TITLE: Manager Technical Services DEPARTMENT:

Infrastructure Services, Investigations Group

EXECUTIVE SUMMARY Following a Council workshop held on 4 June 2014 to discuss a request from Mackay Sugar to extend B- Double routes within Mareeba Shire, Council resolved that: "1. The CEO be delegated authority to recommend to the NHVR the use, with specific conditions of specific roads for the haulage of cane by B-Doubles on a two (2) week cycle as a trial. 2. The CEO to keep the Councillors updated on a fortnightly basis." This report provides an update on B-Double route extensions as requested in Item 2 above. OFFICER'S RECOMMENDATION "That Council note the update report on B-Double Route Extensions from Mackay Sugar." BACKGROUND A general request from Mackay Sugar to extend B-Double access to a number of Mareeba Shire roads was received in early June 2014. Mackay Sugar was then requested to submit roads on a two (2) weekly rotational basis so that Council could assess each group of roads and monitor the outcome prior to issuing approval for the next group. The first group of roads submitted by Mackay Sugar were assessed by Council Officers and subsequently workshopped with Council on 4 June 2014. This process resulted in a number of roads being rejected, restrictions placed on others and specific conditions applied to all roads. The recommendations from the workshop were then sent to the National Heavy Vehicle Regulator (NHVR) on 6 June 2014, refer to attached letter. NHVR subsequently contacted Council to advise that it had not acted on Council’s letter, as NHVR was awaiting a formal Page 165

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application from Mackay Sugar. Advice from Tableland Canegrowers is that this application has now been lodged. It is understood that due to delays from wet weather and lack of approval from NHVR, cane haulage from these first group of roads has been delayed or are only being accessed by semi-trailer transport. The second group of roads which includes Springmount Road, Middle Creek Road, Shanty Creek Road, Hawkins Road, McMillan Road, Rains Road and Henry Hannam Drive (Kennedy Highway end) is now being assessed by Council Officers. The results of this assessment will be sent to NHVR on request and after application is made by Mackay Sugar. CONSULTATION Internal Design Group External Tableland Canegrowers Mackay Sugar QUBE transport LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1.

Letter to NHVR dated 6 June 2014.

Date Prepared:

23 June 2014

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WATER & WASTE ITEM-14

WATER AND WASTE GROUP - FEES AND CHARGES SCHEDULE 2014/2015

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Manager Water and Waste DEPARTMENT:

Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY The setting of the Fees and Charges for the 2014/2015 financial year has been the responsibility of each relevant department and has been set either based on a set percentage increase or based on cost recovery of actual activity costing and is presented for Council's consideration and endorsement. The process costs for 2014/2015 outlining current fees, calculated and process costs and the proposed fees were considered at a Council workshop on 5 June 2014. The underlying basis for the proposed fees and charges is to support cost recovery within the services provided by the Water and Waste Group. OFFICER'S RECOMMENDATION "That Council note the report regarding Water and Waste Group Fees and Charges for the 2014/2015 financial year and adopt the attached schedule of Water and Waste Fees and Charges for the 2014/2015 financial year." BACKGROUND Council as part of its budgetary process and under the legislation of the Local Government Act is required to adopt a Schedule of Fees and Charges. For the purpose of legislation these fees and charges need to be identified as either regulatory or non-regulatory. Each relevant department has been responsible for the setting of the Fees and charges for the 2014/2015 financial year. The fees and charges have been set on either full cost recovery, discounted community service obligation by direction of Council or based on a set percentage increase. The current CPI increase is 2.6%. However, were a percentage increase used in calculating the Fees and Charges for Water and Waste this would not have reflected a true cost recovery. A formulated calculation was applied to a number of water and wastewater charges and waste charges remained the same as the 2013/2014 financial year. It was considered necessary to have the calculation formula applied on a small number of water and wastewater charges as the

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CPI increase of 2.6% does not accurately reflect the actual increases that will occur within Council over the following year. CONSULTATION Internal Director Infrastructure Services Supervisor Water Reticulation Supervisor Waste Services Engineer Water and Waste Environmental Compliance Officer Technical Officer External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Local Government Act 2009 POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION On adoption of the 2014/2015 fees and charges, advise Councilâ&#x20AC;&#x2122;s Customer Service Officers of the changes and alter associated documents, advise Water and Waste Group staff and external clients. ATTACHMENTS 1.

Mareeba Shire Council Fees and Charges 2014/2015

Date Prepared:

17 June 2014

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ITEM-15

Wednesday 02 July 2014

TENDER EVALUATION TMSC2014-12 PRE-QUALIFIED SUPPLIERS - WATER AND WASTE GROUP

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

REPORT OFFICER’S TITLE: Manager Water and Waste DEPARTMENT:

Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY Tenders have been invited for relevant trades and professionals to register with Mareeba Shire Council as Pre-Qualified Suppliers in the following categories: Electrical General, Electrical Industrial, Emergency Generator Sets – Service Test Maintain; Telemetry; SCADA; and PLC Systems, Pump Service and Maintenance, Mechanical Fittings, Mechanical Fitting and General Engineering. The panel of providers proposed to be empanelled are essentially the contractors who have historically provided electrical services to Council. The tender and empanelment process is to formalise within the adopted procurement policy framework, transparent terms of engagement. OFFICER'S RECOMMENDATION "That Council empanel the attached register of Prequalified Suppliers to provide the following trade services to the Water and Waste Group for the period to 30 June 2016: • • • • • • •

Electrical General Electrical Industrial Emergency Generator Sets – Service Test Maintain Telemetry, SCADA and PLC Systems Pump Service and Maintenance Mechanical Fitting Mechanical Fitting and General Engineering."

BACKGROUND From its inception in March 2008, Council has received a number of unfavourable advices from various members of the local business community in relation to the engagement of contractors. In an attempt to underpin the decision making process for the selection of contractors with a transparent process, officers determined it was desirable to invite suitably qualified contractors to become Pre-Qualified Suppliers. The invitation was in the form of a tender in accordance with the Procurement Policy 2013/2014 which sets out within Section 4.1 - Sound Contracting Principles and in particular Section 4.1.2 Open and effective competition and Section 4.1.5 Ethical behaviour and fair dealing. Page 175

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The tender documentation advertised is attached for the information of Council: • • • •

Part 1 - Table of Contents Part 2 - Specification Part 3 - Tender Response Part 4 - General Conditions of Contract for the Supply of Trade Services by Tender

CONSULTATION Internal Director Infrastructure Services Council's Tenders and Contracts Officer Asset Accountant and Procurement Manager External Cairns Regional Council Contractors LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Compliance with relevant legislation and Council Procurement Policy. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating There is opportunity to favorably influence maintenance costs by selecting high performing, cost effective contractors to augment Council's resources IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1. 2. 3.

TMSC2014-12 Part 2 – Specifications (ECM # 2970412) List of Tenderers (ECM # 2970877) Panel of Providers – Empanelled to provide electrical and general engineering services

Date Prepared:

17 June 2014

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ITEM-16

Wednesday 02 July 2014

WASTE TRANSFER STATION RESIDENT IDENTIFICATION VERIFICATION

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

2 July 2014

REPORT OFFICER’S TITLE: Manager Water and Waste DEPARTMENT:

Infrastructure and Maintenance Services

EXECUTIVE SUMMARY Mareeba Shire Council does not currently have a user pay system for utilising waste transfer stations and landfill sites; it is incorporated in the Rates Notice. There are incidents of non-residents from adjoining Council areas taking advantage of this situation and dumping waste (which would incur a fee in their own Council) into MSC transfer stations and landfill sites. A proposed solution to this matter is to request and sight the Driver’s Licence or some other proof of residence within Mareeba Shire to be presented to the Waste Transfer Station Operator or the Landfill Operator upon arrival. Within the current fees and charges there is a footnote within the waste section which states that ‘Non-shire residents to be charged at commercial rates.’ OFFICER'S RECOMMENDATION "That Council resolve to require a driver’s licence or some other proof of residence within Mareeba Shire to be presented upon arrival at any waste transfer station or landfill site to enable dumping of domestic waste as per current arrangements without charge.” BACKGROUND Both Cairns Regional Council and Douglas Shire Council currently charge their residents to dispose of waste categories within their transfer stations for which Mareeba Shire Council does not. This has regularly resulted in instances of non-MSC residents taking advantage of the situation to dispose their rubbish into neighbouring MSC transfer stations. The transfer stations where this has occurred are Julatten, Mt Molloy and Kuranda. To overcome the incidents of non-residents dumping waste at Mareeba Shire Council transfer stations and landfill sites, it is proposed to request that residents present their Driver’s Licence upon arrival at their waste transfer station to enable dumping of domestic waste as per current arrangements without charge. Non-residents will be charged according to the 2014/2015 Fees and Charges Schedule * Non-shire residents to be charged at commercial rates. C&I - Commercial and Industrial (including plastic fluming) tonne C&D - Construction and Demolition tonne

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CONSULTATION Internal Director Infrastructure Services Manager Water and Waste Engineer Water and Waste Supervisor Waste Services External LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION A public notice will be placed in the local media informing the community of this decision. ATTACHMENTS Nil Date Prepared:

10 June 2014

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