Ordinary council meeting agenda 7 may 2014 by Mareeba Shire Council

Ordinary Meeting Council Chambers Date: 7 May 2014 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT THE COUNCIL CHAMBERS, ON WEDNESDAY, 07 MAY 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda

Wednesday 07 May 2014

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 OUR OF MINUTES OF PREVIOUS MEETINGS DEPUTATIONS AND DELEGATIONS 9:30am-10:15am Gary Searle - Terrain and Sarah Rizvi - Northern Gulf Resource Management Group will make a presentation to Council about the current activities of their respective organisations. DEVELOPMENT AND COMMUNITY SERVICES.............................................................................5 ITEM-1 Development and Community Services Quarterly Report - 1st Quarter 2014 ............5 REGIONAL LAND USE PLANNING ............................................................................................... 25 ITEM-2 Extension to Relevant Period - SJ Trout - Material Change of Use (Preliminary Approval Varying Effect of the Planning Scheme) & Reconfiguring a Lot Subdivision (1 into 51 lots) - Lot 219 on NR378 - Godfrey Road, Mareeba REC/08/0039 ............................................................................................................25 ITEM-3 Mareeba Child Care & Kindergarten Inc - Material Change of Use - Child Care Centre - Lot 2 on RP715483 - 6 Hastie Street, Mareeba - DA/14/0003....................67 ITEM-4 Proposed Call In of Development Application MCU/11/0024 - Mount Emerald Wind Farm ................................................................................................................91 GRANTS AND CORPORATE AND COMMUNITY PLANNING.................................................... 103 ITEM-5 Financial and In-kind Support Program ..................................................................103 COMMUNITY WELLBEING.......................................................................................................... 109 ITEM-6 Community Sporting Precinct Report......................................................................109 CORPORATE SERVICES.............................................................................................................133 GOVERNANCE AND COMPLIANCE ........................................................................................... 133 ITEM-7 Competitive Neutrality Complaints Process ............................................................133 INFRASTRUCTURE SERVICES...................................................................................................153 TECHNICAL SERVICES .............................................................................................................. 153 ITEM-8 Naming of Bridge Over Walsh River on Leadingham Creek Road, Dimbulah ........153 ITEM-9 Riverside Caravan Park, Mareeba - Stormwater Drainage Issues .........................157 ITEM-10 Application for Renewal of B-Double Permit BD1386 - Mackay Sugar...................161 ITEM-11 Masterson Street, Mutchilba - Spelling of Street Name ..........................................183 WORKS ........................................................................................................................................ 187 ITEM-12 Tender Evaluation TMSC2014-11 Supply and Delivery of Type 2.2 Road Base Ootann Road...........................................................................................................187 Water & WASTE ........................................................................................................................... 189 ITEM-13 Tender Evaluation TMSC2014-13 Chillagoe Arsenic Plant Project ........................189 BUSINESS WITHOUT NOTICE ....................................................................................................192 NEXT MEETING OF COUNCIL.....................................................................................................192 FOR INFORMATION .....................................................................................................................192

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Mareeba Shire Council - Agenda

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Mareeba Shire Council - Agenda

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DEVELOPMENT AND COMMUNITY SERVICES ITEM-1

DEVELOPMENT AND COMMUNITY SERVICES QUARTERLY REPORT - 1ST QUARTER 2014

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

07 May 2014

REPORT OFFICER’S TITLE: Interim Director Development and Community Services DEPARTMENT:

Development and Community Services

EXECUTIVE SUMMARY This report presents the key activities, significant issues and achievements by the Department of Development and Community Services for the January to March 2014 quarter. OFFICER'S RECOMMENDATION "That Council receive and note the quarterly report of the Department of Development and Community Services for January to March 2014." BACKGROUND Department of Development and Community Services The Development and Community Services Department is comprised of the following Council service areas: Building and Plumbing Regional Land Use Planning Environmental Health Local Laws Grants and Development Community Wellbeing:  Land and Facilities  Community Development & Engagement  Economic Development and Tourism  Externally Funded Community Support Services  Libraries Highlights and Significant Issues  The number of new dwellings and the value of building approvals for January to March 2014, along with the number of development applications, is greater than the same period twelve months ago indicating increased activity in the construction industry. Refer Attachment 1 for details.

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Mareeba Shire Council - Agenda

Wednesday 07 May 2014

 The number of tourism visitors to the shire remains the same as twelve months ago, indicating that further tourism development and promotion is required to package and promote new tourism products to attract more visitors.  The housing programs sponsored by Council have experienced higher than normal volumes of clients from the broader community presenting for assistance indicating there is a high demand for more affordable "no frills" housing stock in Mareeba and Kuranda.  The affordable accommodation provided by the Riverside Caravan Park is predominantly used by workers in the agricultural industry which has helped to overcome the shortage of workers in the district. Park operators report that the number of seasonal workers is down this year as the fruit picking season was shorter and more on farm accommodation is now available. Refer Attachment 3 for details.  Council prepared a submission requesting the Deputy Premier and Minister for State Development, Infrastructure and Planning to call in the Mt Emerald Wind Farm application. The submission outlined the difficulties Council faced with the assessment of the application and the community's limited capacity to pay for the significant external expertise required to undertake the assessment. Also highlighted was the state government's enhanced capacity to assess the project which has a high level of state significance and the state government's new policy whereby it will be assuming responsibility for all wind farm assessments from 1 July 2014.  Council is currently administering $6,243,000 in grant funds for a range of projects and is awaiting the outcome of a further $3,453,000 in applications that have been lodged, not including NDRRA and RMPC funds for road infrastructure.  Submissions to the Queensland Government were lodged requesting financial assistance to construct the new Mareeba Sewerage Treatment Plant that outlined Mareeba resident’s lack of capacity to pay for the facility.  $295,000 in grant funds has been confirmed for the Chillagoe Water Supply Arsenic Concentration Reduction Plant.  90% of customer enquiries regarding local laws matters achieve compliance after the first customer engagement, according to outcomes from the first Local Laws service review workshop.  Council manages 108 units for Seniors with an occupancy rate of nearly 100%.  It is anticipated that only 13% of the Facilities Capital Works Budget will not be spent by end June 2014. Refer Section 3 in the Attachment for a progress update on each project.  Council's swimming pools and halls continue to be enjoyed by residents and visitors with utilisation data showing increased usage. Refer Attachment 3 for utilisation data.  Approximately one third of Mareeba Shire residents are members of the Library Service with an average of 16 new members joining each week.  2,805 volunteer hours contributed to keeping the Kuranda Visitor Information Centre and Mareeba Heritage Centre open.  A reduction in youth crime was reported after the CAFÉ Arthouse and Graffiti Clean-Up programs were conducted. Page 6

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Future Council and Community Events and Activities  In April and May, Council will be calling for expressions of interest from community members to join the new Regional Arts Development Fund.  The opening of the Kuranda Walkway Pods will be held at 1pm on Thursday 1 May 2014.  Celebrations of the Chillagoe library extension will be held on Tuesday 20 May 2014 at 10am with school children attending.  Saturday 31 May 2014, Dimbulah Lions Festival will be held in the Dimbulah Memorial Hall and park precinct.  Food License Renewals and Animal Registrations for dogs and cats are due 30 June 2014 and fees are on Council's website: www.msc.qld.gov.au.

Building and Plumbing Building Approvals A total of 83 buildings approvals were issued for the quarter comprising 63 Council approvals and 20 Private Certification. The total value of all building approvals was $10,795,437. Average process time for Council approvals was 3 days. Show Cause Notices Four (4) Show Cause Notices were issued for the quarter, three relating to structures erected without building approval and one in relation to a defective wastewater disposal system. Construction Industry Summary: Approvals Activity within the local industry is steady with the average number of building approvals around 28 per month. Conversely, this quarter's progress is below the trend set in the second half of last year which saw a rise in activity. Dwellings Dwelling approvals saw a spike in the January-March quarter with the second highest number of dwelling approvals in the last year. This activity has been additionally fuelled by the four unit type development within Mareeba and greater than average activity at Savannah Lifestyle Resort. Twenty-nine (29) dwellings were approved this quarter compared to 21 in the same period in 2013. Value of Approvals The Value of Approvals for the January-March quarter shows an increase of about $3.5 m compared to the same quarter in 2013. This is likely due to such projects as an Aircraft Hangar at the Mareeba airport, a new Communication Tower, the Kuranda Visitors Information Centre and alterations to Coles (new shop fit-out). Refer to Attachment 1 for detailed information in relation to the above matters.

Regional Land Use Planning New Development Applications 8 development applications were lodged in the March quarter 2014 compared to 6 lodged in the March quarter 2013. Refer to Attachment 2 for details.

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Development Applications received/approved during quarter: New Development Applications lodged

Decision Notices issued under delegated authority

Negotiated Decision Notices issued under delegated authority

Decision Notices issued (from Council Minutes)

Negotiated Decision Notices issued (from Council Minutes)

Nil

Extensions to relevant period issued

Change to existing Development Approval issued

Building Work approvals issued under delegated authority

Survey Plans endorsed

Notices issued under SPA

Planning Appeals and other Court proceedings

Nil

Mt Emerald Wind Farm In the March Quarter 2014, Council officers prepared a submission to support the Council request that the Deputy Premier and Minister for State Development, Infrastructure and Planning call in the Mt Emerald Wind Farm application. The submission outlined the difficulties Council was facing with the assessment of the Mt Emerald Wind Farm application and the community's lack of capacity to pay for the significant external expertise required to undertake the assessment on Council's behalf.

Refer to Attachment 2

Environmental Health The Environmental Health section responded to a total of 76 enquiries, complaints and service requests for the quarter relating to the following matters: Environmental Management

Food Business Enquiries

General Service Requests

Health

Local Laws (Environmental Health)

Nuisances (air, water, noise)

Public Health

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Mareeba Shire Council - Agenda

Wednesday 07 May 2014

Notices Issued, Inspections Carried Out, Applications Processed: Penalty Infringement notices issued

Licensed premises inspections

New food business applications

Improvement Notice - Food Act

Local Laws Local Laws Officers dealt with a total of 400 complaints and enquiries during the March quarter relating to the following matters: Animals

291

Food

General Enquiries

Abandoned Vehicles, Illegal Signs, Illegal Camping

Overgrown Allotments, Roads

Nuisances (backyard burning)

Parking

Waste

Impoundments A total of 143 animals were impounded for the quarter as follows:

    

Cats

Dogs

Cattle

Other Animals

3.57% of impounded cats are claimed by their owners 28.40% of impounded dogs are claimed by their owners Only 7.41% of dogs that are impounded are registered dogs 87.5% of impounded cats are euthanased 59.26% of impounded dogs are euthanased

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Mareeba Shire Council - Agenda

Wednesday 07 May 2014

Grants Development Summary Count applications lodged - 3

Sum of funding amount * applications lodged $3,453,447

grants in progress - 13

grants in progress

$6,243,041

grants completed - 0

grants completed

not proceeding - 0

not proceeding

TOTAL

TOTAL (excluding not proceeding) 16 $9,696,488 * Does not include NDRAA or RMPC grants for road infrastructure Activities of note, not included in the Table above :  One central repository of grant information has been created by integrating the grant register with financial reporting requirements. This will be used by the finance team and the grants officer.  The submission for the Mareeba Wastewater Treatment Plant has been submitted.  A community list has been established for dissemination of funding information.  $295,000 has been confirmed for the Chillagoe Water Supply Arsenic Concentration Reduction Plant.

Community Wellbeing Land Land Management Plans A total of 21 Land Management Plans (LMP) are either in progress or have been completed during the quarter (refer to Attachment 3 for a complete list). Native Title and Heritage Issues Bar Barrum 2-6, Western Yalanji 6 Claims Muluridgi Claim

Tableland Yidinji Mareeba Shire Hall Heritage Listed

Affidavits submitted to include MSC on claims and active Muluridgi Group has been placed under general administration, new body corporation to be determined by end of April Active claim – waiting on determination by Native Title Tribunal Work commenced on general exemption application for works to be carried out on hall. PCYC kitchen upgrade and general maintenance works

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Mareeba Shire Council - Agenda

Wednesday 07 May 2014

Industrial Estate and Other Projects Mareeba Industrial Estate

Mareeba Industrial Estate

Kuranda Community Precinct & Subdivision of property

Mareeba Gymnastics

Comprehensive drainage report organised by TRC Infrastructure Services due May 2013 has not been received and is being followed up. Report to be prepared for Council following this. Marketing Strategy - Considered at Council workshop, marketing consultant to be sourced, new sign at entrance to be constructed, other matters to be considered Development Application completed and lodged with Planning. Clarke & Prince to supply car park layout plan and Library floor plan by 8th April. Survey plan for lots 1 & 2 returned to Twine Surveys for alterations TRC to MSC; should be available so that auction can proceed by end of April. MCU being completed, final plans being completed, Draft lease to DNRM to enable development, tender documents being prepared.

Aged Housing Aged Housing January - March 2014 Town No of Units Dimbulah 6 Kuranda 14 Mareeba 83 Mt Molloy 5 108

Occupancy Rate 100% 87% 99% 100%

Registration with the National Registration System (NRS) As a funded Community Housing provider, Council will be required to register as this is a precondition for future funding from the State Government. It is anticipated that this will take place from August 2014 and could be a very laborious and time consuming exercise for Council. Rent Review Council is due to conduct the annual rent review for 2014/15 in accordance with Department of Community Housing Rent Policy guidelines by which Community Housing Providers must abide. Rent increases are usually no more than $7.50 / week and Rent Assistance from Centrelink increases accordingly for the tenants in receipt of the Aged Pension. Tenants have been advised that Council is reviewing the rent and a Council workshop will be held on the rent review and any proposed rent increases on 21st May 2014.

Facilities MSC Facilities 6 Month Capital Budget â&#x20AC;&#x201C; Progress Update The Facilities Capital Budget totals $3,062,081. Approximately $386,800 or 12.6% of this Budget is not likely to be required or spent by 30 June 2014. For example, the $125,000 set aside for the purchase of land for community use has not been spent. These projects will be reviewed to ascertain which items should be carried over to the 2014/15 capital works budget for Facilities. The remainder are expected to be completed or contracts awarded by end June 2014. Funds for the upgrade of the PCYC Hall were not required as PCYC completed the work themselves. Page 11

Mareeba Shire Council - Agenda

Wednesday 07 May 2014

Refer to Section 3 in the attachment to this report for a progress update on each capital project. Caravan Parks The affordable accommodation provided by the Riverside Caravan Park and Dimbulah Caravan Park is predominantly used by workers in the agricultural industry which has helped to overcome the shortage of workers in the district. Park operators report that the number of seasonal workers is down this year as the fruit picking season was shorter and more on farm accommodation is now available. Swimming Pools and Halls Council's swimming pools and halls continue to be enjoyed by residents and visitors with utilisation data showing increased usage. Utilisation data for Council halls, swimming pools and van parks is in Attachment 3 to this report.

Community Development and Engagement Community Development



Regional Arts Development Fund

   

Financial and In-Kind Support Program

 

Project Updates Mareeba Combined Sporting Precinct Reference Group – Support is being provided to the reference group by assisting with the preparation of submissions and reports. This group is currently seeking funding to establish a complex in the Davies Park, Eales Park and Firth Park areas which would provide fields and courts for a number of sporting groups as well as a multipurpose hall (sporting, community meetings / conferences, resource for disaster management). CAFÉ Project – Assistance is being given to the Project Facilitator of this project in contacting appropriate artists to assist, establishing program plans and accessing participants. The CAFÉ Project is a creative arts project for young people aged 12-17 years and aims to assist with the reduction of graffiti in Mareeba. Young people in the program will create two murals in the Mareeba Skatepark during the workshops which will be run from 14-17 April 2014. As outlined at the RADF workshop on 5 February 2014, Tablelands Regional Council will continue to oversee RADF funds for this area until July 2014. RADF funds for Mareeba Shire Council are expected to total approximately $43,000 next financial year with $12,857 contributed by Council and an Expression of Interest is currently being compiled around this budget. Advertisements requesting nominations for the MSC RADF committee will be lodged in local papers during the month of April. A report will be presented at Council meeting 21 May 2014 recommending the appointment of community members to the RADF committee. The FIKS Policy has been reviewed and approved by Council and current application forms are available on the Mareeba Shire Council website. The majority of existing ongoing applications (ie, ongoing applications previously approved by TRC) have been presented to and reviewed by Council.

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Tourism Promotion Kuranda Visitor Information Centre Month January February March Total

Visitor Numbers 2013 2014

Variance

4609 3876 4543 13028

24.0 % - 4.4 % - 18.8 % 0.06

5716 3704 3690 13110

Volunteers Volunteer Hours 279 252 279 810

 Visitor numbers for the first quarter of 2014 were quite low in February and March, however the Chinese New Year did increase the numbers in January.  Volunteers attended their monthly meeting at the Kuranda Hotel Motel and walk through the new Firefly Restaurant area.  The new Visitor Information Centre (VIC) is progressing well, with the roof and the concrete floor to be completed early April 2014.  A review of opening hours will be required before the new VIC opens.  The option for free wifi to be made available to visitors is being investigated. As part of the yellow accreditation, it is highly recommended that the KVIC offer this service for the visitors. Mareeba Heritage Centre Visitor Numbers 2013 2014

Month

2038 1125 2020 5183

January February March Total Monthly Totals 2014 Month January February March Total

Variance

2072 1337 1888 5297

1.6 % 18.8 % - 6.5 % 2.2 %

RV Travellers 82 43 135 260

Volunteers Volunteer Hours 630 562 803 1995

Free Camping Enquiries 11 7 22 40

Tourism Kuranda

Australian Tourism Export Council (ATEC) and Tropical North Queensland (TNQ) Show Case Tourism Tropical North Queensland (TTNQ)



Project Updates Showcase held in Sydney during February which was an opportunity to meet some of the leading Eastern & Western inbound agents. Copies of the Kuranda 8 page Japanese & Chinese flyers were presented along with the new selection of destination images.

Tourism Kuranda (TK) met with TTNQ's newly appointed CEO. Topics included TK events, more involvement with local tourism operators’ meetings, Australian Tourism Exchange and they provided an overview of the structure of TK. Page 13

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 

This is My Paradise Magazine

 Destination Tourism Plan Workshop



Doki Doki Tours

 

Wednesday 07 May 2014

Formerly known as Winter Getaways Expressions of interest received for advertising in this year's magazine has been excellent Commercial participation has increased ensuring the same double page exposure for Kuranda. This is considered a wonderful result for the region. Tourism and Events Queensland’s Destination Tourism Plan (DTP) was held in February 2014 with the aim being to provide the definitive direction for tourism and events in the destination towards 2020, outlining how overnight tourism expenditure will be doubled by 2020 and highlighting the resources required to create sustainable and competitive tourism destinations. TK together with Tropical Tablelands Tourism (TTT), Local Tourism Operators (LTO) and Tropical North Queensland (TNQ) provided strategic direction to TTNQ with a clear aspiration of what each LTO region requires to achieve these targets. Doki Doki Tours handles the ground arrangements for Japan Travel Bureau (JTB). Changes have been made to the structure of their Kuranda day tour for 2014 which will provide more time in Kuranda village. The numbers into Kuranda represents approx 6,500 people and Doki Doki are creating a special “Kuranda Card” with discounts and value adds. TK secured 20 special deals from local business owners for this special card.

Kuranda feature organised by Tourism Kuranda in “This is My Paradise” magazine.

Community Support Services Community Support Services delivers externally funded programs which Mareeba Shire Council auspice. The CSS model includes the following services and programs:

Program

Funding Body

Tablelands Counselling and Support Service (TCASS)

QLD Department of Communities, Child Safety & Disability Services

Mareeba Youth at Risk Program

QLD Department of Communities, Child Safety &

Description Initially auspiced by Mareeba Shire Council in May 2005. This service provides case management, family support and counselling to families with complex needs, with a particular focus on families who are having difficulty maintaining the safety of their children. Began operation in Mareeba in July 2006 and supports young people at risk of disengaging from school, training and/or employment and young

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Funded Amount per annum

Number of Staff

Number of Clients March Quarter

$314,480

2.8

123

$99,012

102

Mareeba Shire Council - Agenda (MYARP)

Disability Services

HomeStay

QLD Department of Housing and Public Works

Street to Home

QLD Department of Housing and Public Works

Broadband for Seniors (BFS)

Federal Government

Partners in Recovery (PIR)

Federal Centacare Cairns, auspicing finances from Department of Health and Ageing

Wednesday 07 May 2014

people at risk of entering the justice system. Commenced in June 2010 and provides holistic support to families and individuals in maintaining their tenancies.

$206,724

Began operating in September 2011 and assists people to access and maintain stable housing.

$818,944

Provides Seniors with free access to computers and tutoring.

$149,500

Program commenced in February 2014 and provides facilitated support for people with severe and persistent mental illness with complex needs. PIR aims to support people living with a mental illness to access their own recovery supports and services based on the needs of the individual.

Total

$149,500

$1,738,160

12.8

384

Current service agreements and funding for the TCASS, HomeStay and Street to Home programs expire in June 2014. Applications for continued funding have been lodged and no official response has yet been received. However, indications are that the HomeStay and Street to Home programs may receive a twelve month extension to June 2015 and TCASS will be approved for a further 3 years. Libraries

Mareeba

Kuranda

Dimbulah

Chillagoe

Library Members

4709

1598

330

123

Hours open per week

34.5

38.5

5.25

New Members within MSC

166

12,622

6,782

712

720

39.5 hours

58 hours

15 hours

from

New reciprocal members. Library visitors Volunteers

 Membership is growing across MSC Libraries  Post de-amalgamation in January 2014 there was an increase in new Library memberships due to reciprocal members (from the current TRC Libraries) joining the new Mareeba Library. This trend has now stabilised and library memberships are growing at the same rate as they were previously under Tablelands Regional Council.  Currently only a small percentage of the new members are reciprocal borrowers (joining from outside Mareeba Shire boundaries) most are MSC residents joining our Library Services.  One third of Mareeba Shire residents are members of the Library Service with an average of 16 new members joining Mareeba Shire Library services each week.

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 Transforming Tindale Tindale is a State Library of Queensland travelling exhibition which was held at Mareeba Library from 28th March – 12th April. The exhibition comprises of over 900 photographs and digitised art work by Vernon Ah Kee. The State Library was particularly interested in the exhibition visiting Mareeba, as many residents of our town have ancestors who lived in the areas covered by Tindale – Yarrabah, Mona Mona, Mornington Island, Palm Island and Doomadgee. LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS NIL IMPLEMENTATION/COMMUNICATION Relevant information to be publicised in media.

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REGIONAL LAND USE PLANNING ITEM-2

EXTENSION TO RELEVANT PERIOD - SJ TROUT MATERIAL CHANGE OF USE (PRELIMINARY APPROVAL VARYING EFFECT OF THE PLANNING SCHEME) & RECONFIGURING A LOT - SUBDIVISION (1 INTO 51 LOTS) LOT 219 ON NR378 - GODFREY ROAD, MAREEBA REC/08/0039

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

7 May 2014

REPORT AUTHOR'S TITLE:

Senior Planner

DEPARTMENT:

Development & Community Services

APPLICANT

APPLICATION SJ Trout

ADDRESS

PREMISES 85 Godfrey Road, Mareeba Lot 219 on NR378

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

21 March 2014

FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

REC/08/0039 129.298 Ha AREA ED Trout SJ Trout OWNER Mareeba Shire Planning Scheme 2004 (amendment no. 1 of 2007)

ATTACHMENTS:

RPD

Development Permit Material Change of use (Preliminary Approval varying the effect of the Planning Scheme to allow development in accordance with the rural residential zone) & Reconfiguring a Lot - Subdivision (1 into 51 Lots)

Rural (Preliminary Approval - Rural Residential) Impact Assessment One (1)

1. 2. 3.

Decision Notice dated 27 January 2010 Applicant’s request to extend relevant period dated 20 March 2014 Concurrence Agency response dated 11 April 2014

EXECUTIVE SUMMARY The Tablelands Regional Council approved a development application described in the above application details at its Ordinary Meeting held on 20 January 2010, subject to conditions. Page 25

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The application was impact assessable and one (1) properly made submission was received in response to public notification of the application. The development has not commenced and will be deemed to have lapsed on 28 March 2014 unless the relevant period is extended beyond this date. ED Trout acting on behalf of the applicant has subsequently lodged an application to extend the relevant period for a further four (4) years from 28 March 2014 to 28 March 2018 (Attachment 2). The applicant's basis for this request is the continued economic circumstances and sluggish conditions in the property/housing market. The extension is sought to allow sufficient time for the market to improve and to allow for the development works to be completed. Under the previous Council, an informal policy position was established by Council officers whereby uncommenced developments would be recommended for a maximum 2 year extension and commenced developments recommended for 4 year extension. In keeping with this informal policy position, it is recommended that the relevant period be extended for a period of two (2) years only, from 28 March 2014 to 28 March 2016. Notwithstanding the officer's recommendation, Council may approve the 4 year extension if it chooses.

OFFICER'S RECOMMENDATION “1.

That, in relation to the application to extend the relevant period for the following development approval:

APPLICANT

APPLICATION SJ Trout

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

ADDRESS

21 March 2014

RPD

PREMISES 85 Godfrey Road, Mareeba Lot 219 on NR378

Development Permit

Material Change of use (Preliminary Approval varying the affect of the Planning Scheme to allow development in accordance with the rural residential zone) & Reconfiguring a Lot - Subdivision (1 into 51 Lots)

and in accordance with the Sustainable Planning Act 2009, as amended, the relevant period be extended for two (2) years from 28 March 2014 to 28 March 2016. 2.

A Notice advising of Council’s decision be issued to the applicant and the Department of State Development Infrastructure and Planning, State Assessment and Referral Agency (SARA) via email CairnsSARA@dsdip.gov.au (reference: SPD-0314-005969).”

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THE SITE The subject land is described as Lot 219 on NR378, Parish of Tinaroo having an area of 129.29 hectares. Access to the land is obtained off Godfrey Road, via the Kennedy Highway. The subject land has a frontage of approximately 729 metres to Godfrey Road. Godfrey Road is constructed to a rural road (gravel) standard from the intersection with the Kennedy Highway to the entrance into the subject land. The remainder of Godfrey Road, including the majority of the subject land's frontage is not constructed. Structures on the subject land consist of a small dwelling house located near the eastern end of an abandoned airstrip. Several sheds are established in the vicinity of the dwelling house. The land is currently grazed by a small number of horses, and similar numbers of cattle may be kept on the land from time to time. Approximately 70% percent of the subject land retains a coverage of remnant 'not of concern' regional ecosystem. The balance of the subject land is mapped as non remnant vegetation. Clearing has been carried out across the centre of the lot and in the south east corner.

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

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The topography of the subject land ranges from gently undulating in the southern two thirds of the lot to a rolling rise, with the land then falling in the northern third to Emerald Creek, which adjoins the northern boundary of the land. The site ranges in elevation from 400 m in the extreme south western corner to approximately 430 m at the top of a rise located to the east of the airstrip, with the land generally sloping downwards from this point in all directions. Three drainage lines intersect the subject land but lack clearly identifiable banks and a riparian zone. The subject land is located on the eastern fringe of the Mareeba urban footprint. Two of the three (3) allotments adjoining the western boundary of the subject land have rural residential reconfigurations approved (The Rise & Country Road Estate) and both have stages in development. Land to the south, on the opposite side of Godfrey Road, is zoned Rural Residential under the Mareeba Shire Planning Scheme. Land adjoining the eastern boundary is zoned Rural and is presently undeveloped.

BACKGROUND Council, at its Ordinary meeting held on 20 January 2010, approved a development application made by Paul Fagg Town Planner on behalf of SJ Trout for Material Change of Use (preliminary approval varying the effect of the planning scheme to allow development in accordance with the rural residential zone) and Reconfiguring a Lot - Subdivision (1 into 51 Lots) on land described as Lot 219 on NR378, Parish of Tinaroo, situated at 85 Godfrey Road, Mareeba. The Decision Notice was issued on 27 January 2010 and was determined to have taken effect on 28 March 2010, at the end of the submitter appeal period.

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The preliminary approval component of the application was sought to override the subject allotment's rural zone designation to allow for its development in accordance with the Planning Scheme's rural residential zone. To date, no works have commenced in relation to the approved development, nor has the applicant paid any of the required infrastructure charges/contributions. ED Trout acting on behalf of the applicant has subsequently lodged an application to extend the relevant period for a further four (4) years from 28 March 2014 to 28 March 2018 (Attachment 2). The applicant's basis for this request is the continued economic circumstances and sluggish conditions in the property/housing market. The extension is sought to allow sufficient time for the market to improve and to allow for the development works to be completed.

CONCURRENCE AGENCY The original application triggered referral to the former Department of Environment and Resource Management and Department of Main Roads as Concurrence Agencies. On 1 July 2013, the State Assessment and Referral Agency (SARA) commenced. Under these changes, the Department of State Development, Infrastructure and Planning is the assessment manager or referral agency for all relevant development applications and has become the single lodgement and assessment point where the State has a jurisdiction under SPA. The Department of State Development, Infrastructure and Planning (SDIP) advised in a letter dated 11 April 2014 that they have no objection to the proposed extension to the relevant period (Attachment 3).

CONCLUSION This development approval has not had a previous extension to its relevant period and there is currently no planning objection to granting of an extension beyond the 28 March 2014. An informal policy position has been established by Council officers whereby uncommenced developments will typically be recommended for a maximum 2 year extension and commenced developments recommended for 4 year extension. In keeping with this informal policy position, it is recommended that the relevant period for REC/08/0039 be extended for a period of two (2) years only, from 28 March 2014 to 28 March 2016.

CONSULTATION NIL

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) NIL

POLICY IMPLICATIONS Section 388 of SPA requires that Council must have regard to:

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

Wednesday 07 May 2014

the consistency of the approval, including its conditions, with the current laws and policies applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under chapter 8, part 1. If a new application was lodged for this proposal it would be assessed against essentially the same planning instruments as was the 2008 development application, with the exception of the single State Planning Policy (SPP) which commenced on 2 December 2013. A new application for this proposal is unlikely to be in conflict with the intent of the SPP. Applicable Infrastructure Charges Development Approval REC/08/0039 is not subject to fixed headworks/contributions.



the community’s awareness of the development approval The original development application was Impact Assessable and subject to public notification. One (1) properly made submission was received in response to public notification. The submitter was the State Government's Environmental Protection Agency which was triggered as an Advice Agency for Wetlands under the Sustainable Planning Regulation. The Department, as was their typical practice at the time, advised Council to refuse the application. The Department of State Development, Infrastructure and Planning (formerly the Department of Infrastructure and Planning) advised Council in a SARA Response dated 11 April 2014 that they have no objection to the requested extension (Attachment 3).



whether, if the request were refused – (i) (ii)

further rights to make a submission may be available for a further development application; and the likely extent to which those rights may be exercised;

A further development application would be Impact Assessable and subject to public notification.

FINANCIAL & RESOURCE IMPLICATIONS NIL

Date Prepared:

15 April 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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ITEM-3

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MAREEBA CHILD CARE & KINDERGARTEN INC MATERIAL CHANGE OF USE - CHILD CARE CENTRE - LOT 2 ON RP715483 - 6 HASTIE STREET, MAREEBA - DA/14/0003

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

7 May 2014

REPORT AUTHOR TITLE:

Planning Officer

DEPARTMENT:

Development & Community Services APPLICATION DETAILS

APPLICANT DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

APPLICATION Mareeba Child Care & Kindergarten Inc 7 February 2014 Development Permit

RPD

PREMISES 6 Hastie Street, Mareeba Lot 2 on RP715483

Material Change of Use - Child Care Centre

625m2 Mareeba Child Care & Kindergarten Inc Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

FILE NO LODGED BY

DA/14/0003 Paul Fagg

PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

Residential zone Impact Assessment

ATTACHMENTS:

ADDRESS

AREA OWNER

Nil

Proposal Plan/s - Home-Fab (DWS VS# 3516605)

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EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is impact assessable and no properly made submissions were received in response to public notification of the application. The application proposes the erection of a child care centre building and associated infrastructure on Lot 2 on RP715483 (the subject site), as part of an expansion to the existing Mareeba Kids Campus outside school hours care (OSHC) business component currently operating on western adjoining Lot 1 RP715483. The proposal will result in an expansion to the facilities offered by the business only, with no increase to child enrolments or staffing numbers. The application and supporting material has been assessed against the relevant statutory planning instruments, including the FNQ Regional Plan, the State Planning Policy, and the Mareeba Shire Planning Scheme (including codes and policies) and does not conflict with any relevant planning instrument. The key issue with the proposed development is ensuring any potential impacts on surrounding residential properties are minimised. It is considered this issue can be adequately managed through conditions of approval. Draft conditions were provided to the Applicant care of their consultant and have been agreed upon. It is recommended that the application be approved in full, subject to conditions.

OFFICER'S RECOMMENDATION 1.

That, in relation to the following development application:

APPLICANT DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

APPLICATION Mareeba Child Care & Kindergarten Inc 7 February 2014 Development Permit

ADDRESS RPD

PREMISES 6 Hastie Street, Mareeba Lot 2 on RP715483

Material Change of Use - Child Care Centre

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 managerâ&#x20AC;&#x2122;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 managerâ&#x20AC;&#x2122;s decision conflicts with a relevant instrument. (A)

APPROVED DEVELOPMENT: Development Permit for Material Change of Use - Child Care Centre Page 68

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(B)

APPROVED PLANS: Plan/Document Number

Plan/Document Title

Prepared by

Dated

Site Plan

Home-Fab

North, South & East Elevations

Home-Fab

Image of Early Childhood Centre from Hastie Street Ground Floor (Floor Plan)

Home-Fab

(C)

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ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme 1.

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

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

Timing of Effect 2.1

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

2.2

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

General 3.1

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

3.2

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

3.3

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

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Noise Nuisance Refrigeration equipment, pumps, compressors and mechanical ventilation systems must be located, designed, installed and maintained to achieve a maximum noise level of 3dB(A) above background levels as measured from noise sensitive locations and a maximum noise level of 8dB(A) above background levels as measured from commercial locations. The applicant is required to install and maintain suitable screening to all air conditioning, lift motor rooms, plant and service facilities located at the top of or on the external face of the building. The screening structures must be constructed from materials that are consistent with materials used elsewhere on the facade of the building. There are to be no individual external unscreened air conditioning units attached to the exterior building facade.

3.5

Waste Management On site refuge storage area must be provided and be screened from view from adjoining properties and road reserve by 1 metre wide landscaped screening buffer or 1.8m high solid fence or building.

3.6

Hours of Operation The operating hours shall be between 6.30am and 6pm Monday to Friday. No operations are permitted on weekends or Public Holidays.

3.7

3.8

Signage (a)

Any advertising signage must not exceed building height

(b)

Parapet signs must not exceed the top of the parapet.

(c)

Signs sited on Awnings must not exceed the height of the awning.

(d)

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

(e)

Any signage must be removed when no longer required.

(f)

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

Maximum Outside School Hours Care Child Numbers The maximum number of children permitted at any one time to attend the Outside School Hours Care Facility is not to exceed 50. Note: Should a higher number of children be proposed in the future, this will require a further development application for material change of use and on site car parking needs will be reassessed.

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Infrastructure Services and Standards 4.1

4.2

Stormwater Drainage (a)

The applicant/developer must take all necessary steps to ensure a non-worsening affect on surrounding land as a consequence of the development and must take all reasonable and practical measures to ensure discharge occurs in compliance with the Queensland Urban Drainage Manual (QUDM) and the FNQROC Development Manual, to the satisfaction of Council's delegated officer.

(b)

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

Landscaping & Fencing (a)

Prior to the commencement of the use, the applicant/developer must prepare and submit a landscape plan for consideration and approval by Council's delegated officer. The landscape plan should illustrate, at minimum, a one (1) metre wide landscape strip along the entire length of the sites Hastie Street frontage, excluding access points. The landscape strip should include ground cover, shrubs and trees that: (i) (ii) (iii)

are planted at a maximum spacing of one (1) metre; and will grow to a height of at least one (1) metre; and will grow to form an effective visual buffer of no less than one (1) metre in height.

Landscaping of the site must be carried out in accordance with the endorsed landscape plan prior to the commencement of the use, and mulched, irrigated and maintained to the satisfaction of Council's delegated officer. (b)

Prior to the commencement of the use, a 1.8 metre high timber or Colorbond fence of neutral colour is to be erected along the entire length of the site's eastern and southern property boundaries. All fencing is to be erected and maintained to the satisfaction of Council's delegated officer.

4.3

Lighting Where outdoor lighting is required the developer shall locate, design and install lighting to operate from dusk to dawn within all areas where the public will be given access, which prevents the potential for light spillage to cause nuisance to neighbours and must be provided in accordance with Australian Standard 1158.1 â&#x20AC;&#x201C; Lighting for Roads and Public Spaces. Illumination resulting from direct, reflected or other incidental light emanating from the subject land does not exceed 8 lux when measured at any point 1.5m outside the property boundary of the subject site. The lighting fixtures installed on site must meet appropriate lux levels as Page 71

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documented within Australian Standard 4282 – Control of the Obtrusive Effects of Outdoor Lighting. 4.4

Frontage Works The developer is required to construct the following works, designed in accordance with the FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer:

4.5



Footpath earthworks, topsoiling and turfing reinstatement of all disturbed footpath areas.



Adjustments and relocations necessary to public utility services resulting from these works.



The developer must ensure that any redundant vehicle crossovers are removed and reinstated with kerb and channel.

Water Supply Where the existing reticulated water supply does not currently service the site or is not at an adequate capacity, the developer is required to extend or upgrade the reticulated water supply infrastructure to connect the site to Council’s existing infrastructure at a point that has sufficient capacity to service the development in accordance with FNQROC Development Manual standards (as amended). If a new or upgraded water service connection is required to service the development, it must be provided in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer.

4.6 Sewerage Connection The developer must connect the proposed development to Council’s reticulated sewerage system in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer. Where sewerage connections are not available to the site, or where existing connections are not satisfactory for the proposed development, the developer is required to extend or upgrade the reticulated sewerage infrastructure to connect the site to Council’s existing infrastructure at a point that has sufficient capacity to service the development in accordance with FNQROC Development Manual standards (as amended).

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(D)

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ASSESSMENT MANAGER’S ADVICE (a)

Water Meters/Water Service Connection Prior to the water service connection works commencing and the installation of the meters by Council, an application for a Plumbing Compliance Permit is required to be submitted with detailed hydraulic drawings. The cost of the required water connection and meter (capping of any existing meter may be required) will be determined based upon the approved hydraulic drawings at the time of lodgement of a Water Quotation Request.

(b)

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.

(c)

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.

(d)

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

(e)

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

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(E)

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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  Development Permit for Building Work

(G)

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

THE SITE The subject site is situated immediately opposite Saint Thomas's Primary School at 6 Hastie Street, Mareeba, and is described as Lot 2 on RP715483, Parish of Tinaroo, County of Nares. The site is of a regular shape, has a total area of 625m2 and is zoned Residential under the Mareeba Shire Planning Scheme. The site contains approximately 20 metres of frontage to Hastie Street which is constructed to bitumen sealed standard, including kerb and channel for its entire length. The site is currently accessed from Hastie Street via a single unsealed crossover. The site is improved by a single dwelling situated towards the front of the site and small shed in its south west corner. The site is connected to Council's reticulated water and sewerage networks, as well as local area telecommunication and electricity infrastructure. The site is situated immediately to the east of the 'Mareeba Kids Campus' outside school hours care facility, owned by Mareeba Child Care & Kindergarten Inc which is the applicant and owner of the subject site. The application for child care centre is sought to expand the Mareeba Kids Campus facility onto the subject site, providing an additional building and in turn, additional floor space for the ongoing operation of the business. All other surrounding allotments are zoned residential and used for residential purposes.

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BACKGROUND AND CONTEXT Nil

PREVIOUS APPLICATIONS & APPROVALS Nil

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Child Care Centre in accordance with the plans shown in Attachment 1. The applicants propose the construction of a single storey child care centre building as part of a planned expansion to the existing outside school hours care (OSHC) component of the 'Mareeba Kids Campus' business established on western adjoining Lot 1 on RP715483 (2-4 Hastie Street, Mareeba). The development will provide modern and contemporary facilities for the care of children aged between 5 and 17 years. The proposed building will be joined to the existing OSHC building on Lot 1 on RP715483 by a covered walkway and the existing dwelling on the subject site will either be demolished or relocated. The proposed OSHC building will have a gross floor area of 183m2 and will be setback a distance of 3 metres from the frontage of the site, consistent with the setback of the existing building on Lot 1. The overall height of the proposed building of 4.2 metres is also consistent with that already established on Lot 1. The Mareeba Kids Campus business currently operates from 6.30am to 6.00pm Monday to Friday and does not operate on weekends or public holidays. Should Council approve the development, the applicants have noted their intention to amalgamate the subject site with adjoining Lot 1 on RP715483 (containing the existing OSHC building). At present the business is licensed for a maximum of 50 children. The applicants have stressed that the proposed development means to expand only on the facilities offered by the business, and does not envisage any increase in child enrolments or staffing numbers. As such, the applicants have not proposed any on-site car parking or setdown/pick-up areas as part of this development proposal. The applicants have stated that the development has been designed in such a way as to minimise impacts on adjoining residential land uses (located on adjoining eastern and southern allotments). A 1.8 metre high solid fence will be erected along the full length of the eastern and southern property boundaries and the proposed building has been designed so that openings on the eastern elevation of the building have been restricted to those servicing toilet facilities and a kitchen only.

REGIONAL PLAN DESIGNATION The subject site is included within the Urban Footprint land use category in the Far North Queensland Regional Plan 2009-2031. Mareeba is identified a Regional Activity Centre in the Regional Plan. The site contains no areas of ecological significance.

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PLANNING SCHEME DESIGNATIONS Strategic Framework designation:

Major Urban Growth Node (Mareeba)

Zone:

Residential

Preferred Area/Precinct:

Preferred Area No. 1

Overlays

Airport & Aviation Facilities Overlay

Planning Scheme Definitions The proposed use is defined as:"Child care centre means the use of premises for the minding or care, but not residence of children. The use includes facilities commonly described as a kindergarten, crèche or pre-school centre." 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 4.1 Compact Urban Form Land Use Policy 4.1.1 4.1.2

4.1.3

Urban development is contained within the urban footprint Urban development is sequenced to ensure logical and orderly land use and infrastructure delivery. Development within the key regional growth areas achieves the strategic planning intent of the subregional narratives

Complies

Comments



Complies - The subject site is situated within the urban footprint. Complies - The development proposes the progressive expansion of an existing essential service onto an adjoining allotment. Complies - The proposed development is consistent with the planning intent of the Mareeba locality as identified in the plans subregional narratives.

 

DRO 4.2 Regional Activity Centres Land Use Policy 4.2.1

4.2.2

Regional activity centres are identified and operate as a network in accordance with the regional hierarchy (see table 6 and map 9). Development of regional activity centres results in consolidation in the central core and surrounding frame, is of appropriate type and scale, and is accommodated by efficient use of land and buildings.

Complies

Comments



Complies - The proposed development will help enforce Mareeba's role as a Regional activity centre.



Complies - The development proposes the progressive expansion of an existing essential service onto an adjoining allotment.

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(b)

Wednesday 07 May 2014

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. A general assessment of the proposed development against the State interests identified within the SPP has been conducted and it is considered that the proposed development does not require detailed assessment against any component of the SPP. The proposed development is not in conflict with the intent of the SPP. (c)

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

Relevant Desired Environmental Outcomes Desired Environmental Outcome (g)

(h)

(i)

(j)

(n)

(r)

Complies

Comments



Complies - The proposed development will be established within an existing residential area and will be connected to Council's reticulated sewerage network.

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



Complies - The development proposes the progressive expansion of an existing essential service onto an adjoining allotment in an easily accessible and appropriate location.

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



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



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



Complies - The development proposes the progressive expansion of an existing essential service onto an adjoining allotment.

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



Complies - The proposed development has been designed and will be further conditioned to minimise impacts on adjoining residential land uses.

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

Complies - The proposed development will be accessed from Hastie Street and will not result in an increase in traffic loadings on the local road network. Complies - The subject site is not situated within the Q100 flood hazard area as identified on the draft Planning Scheme maps.

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

Residential Zone Code Airport and Aviation Facilities Overlay Code Car Parking Code Child Care Centre Code Landscaping Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval.

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Residential Zone Code

Airport and Aviation Facilities Overlay Code

Car Parking Code

Wednesday 07 May 2014

Specific Outcome S1 addresses non-residential land uses within the residential zone and the preservation of the amenity of the residential zone. It is considered the proposed development achieves compliance with S1 as discussed below. The proposed development is for a child care centre building of limited height well within Mareeba's urban centre. In this instance the provisions contained within the code are not considered relevant to the assessment of the application. Given the nature of the proposed development, the applicants have not proposed any additional on-site car parking facilities or set-down/pick-up area. Despite this, it is considered the proposed development achieves compliance with the relevant overall outcomes of the code. Refer to discussion below.

Child Care Centre Code

Given the nature of the proposed development, compliance cannot be achieved with many of the acceptable/probable solutions contained within the code. However, in each case it is considered the proposed development can achieve compliance with the associated Specific Outcome as well as the Overall Outcome of the code. Refer to discussion below.

Landscaping code

The proposed development will be conditioned to achieve compliance with the applicable acceptable/probable solutions contained within the code.

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

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Residential Zone Code Specific outcome S1 addresses non-residential uses within the residential zone and the preservation of the amenity of the residential zone as follows: 4.32 Building Siting, Scale and Amenity S1

Non-residential uses and amenity (a)

non-residential uses are located, designed and operated to avoid significant adverse changes to the light, noise, dust, odours, traffic conditions or other physical conditions experienced by occupants of; (i) (ii)

associated, adjoining or nearby residential uses; or other types of non-residential uses.

Comment Despite being situated within the residential zone and partially surrounded by residential land uses, its impact on surrounding residences is likely to be minimal due to careful boundary treatment. The applicants propose the erection of a 1.8 metre high solid fence along the full length of the site's southern and eastern property boundaries and the proposed building has been designed so that openings on the eastern elevation of the building have been restricted to those servicing toilet facilities and a kitchen. Notwithstanding these noise mitigation measures, the proposed development is for the expansion of the facilities offered by the business only and does not propose an increase to child enrolments or staffing numbers. Based on this, the proposed development is not likely to result in any significant change to noise outputs or vehicular traffic movements associated with the businesses current operation. It is considered the proposed development can satisfy Specific Outcome S1. Child Care Centre Code S1

Building Setback All buildings, structures and car parking must provide for setbacks from the street frontage and the side and rear boundaries which are appropriate to the efficient use of the site and the streetscape character of the local area. PS1.1

The development is a building, structure or car park which is setback a minimum of: (a) (b)

six metres from a road frontage; and two metres from all side and rear boundaries;

Comment The proposed OSHC building is setback approximately three (3) metres from Hastie Street and is therefore non-compliant with probable solution PS1.1. However, the proposed non-compliant building setback of 3 metres is consistent with the existing building setback on adjoining Lot 1 and is therefore not likely to impact on Hastie Street users. Considering the size of the subject site and the location of the proposed Page 80

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building with respect to adjoining residential land uses, it is considered the proposed development makes efficient use of the subject site. It is considered the proposed development can satisfy Specific Outcome S1. S6

The level of traffic generated by the Child Care Centre on the surrounding road network must not result in unacceptable impacts on adjacent land and local road users. PS6

A traffic impact analysis, which has been undertaken by a competent person, demonstrates the expected traffic movements generated by the proposal, and associated impact on the road network, and any works that will be required to address the identified impacts.

Comment The proposed development means to utilise the subject site for the expansion of the facilities offered by the existing Mareeba Kids Campus OSHC business established on adjoining Lot 1 on RP715483. The development, which proposes the construction of an additional child care building, is for an increase to the facilities offered by the business only, and does not propose an increase to child enrolments or staffing numbers. As such, the proposed development is not likely to result in an increase in vehicular traffic movements on the surrounding road network and a traffic analysis is not considered necessary in this instance. It is considered the proposed development can satisfy specific outcome S6. S7

Adequate parking is provided on site without causing unreasonable disturbance to neighbours or limiting the size of outside play areas. PS7.1

On site carparking is provided in accordance with the Carparking Code schedule and includes on site set down are pick up facility located so as to be visible from the road; and

PS7.2

Convenient, safe and clearly visible pedestrian access is provided to the site; and

PS7.3

All on site traffic movements are to be designed for all vehicles to enter and leave the site in a forward gear.

Comment The proposed development does not include the provision of any on-site carparking and is therefore non-compliant with probable solution PS7.1. As discussed above, the proposed development will not result in an increase in child enrolments or staffing numbers and is therefore not likely to cause any additional disturbance to neighbouring residential properties. It is considered the proposed development can satisfy specific outcome S7.

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Car Parking Code 6.3

Overall outcomes for Car Parking code (1)

The overall outcomes are the purpose of the code.

(2)

The overall outcomes sought for the Car Parking code are the following: (a)

Uses have sufficient on site car parking and bicycle spaces designated in a manner to meet the requirements of the intended user;

(b)

The number of car parking spaces provided does not impact on the functioning of the surrounding road network;

(c)

Vehicles and bicycles can access and move within the site in a safe and efficient manner.

Car Parking Numbers S9

Sufficient car parking spaces are provided to accommodate the demand likely to be generated by the use. AS9.1

The number of car parking spaces provided for the use is in accordance with the Car Parking Schedule.

Comment The proposed development does not include the provision of any additional car parking on or off site and is therefore non-compliant with probable solution AS9.1. As discussed above, the proposed development will not result in an increase in child enrolments or staffing numbers and is therefore unlikely to result in an increase in demand for carparking. Furthermore, as the subject site is situated adjacent existing business operations and is still accessed from Hastie Street, the proposed development is not likely to impact on the functioning of the surrounding road network. Based on this, it is considered the proposed development can satisfy specific outcome S9 as well as the relevant overall outcomes sought by the Car Parking code. (e)

Planning Scheme Policies/Infrastructure Charges Plan

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

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Adopted Infrastructure Charges Notice

Water Supply The subject site currently accommodates a single dwelling and is therefore deemed to have 1 existing credit (1 EDC) for water supply. Schedule A of Planning Scheme Policy No. 2 identifies a 'kindergarten' (or daycare) as having a demand ratio of 1.0 EDC per 50 children enrolled for water supply. The Mareeba Kids Campus OSHC facility is currently licensed to, and is accommodating a maximum number of 50 children. If an approval is granted, the OSHC business will be spread over both the subject site, as well as adjoining Lot 1 on RP715483. As such, the development is not likely to place any additional demand on Council's reticulated water supply network outside this existing credit and that of adjoining Lot 1, as such, a headworks charge for water supply is not considered necessary in this instance. Sewerage Supply The subject site currently accommodates a single dwelling and is therefore deemed to have 1 existing credit (1 EDC) for sewerage. Schedule A of Planning Scheme Policy No. 2 identifies a 'kindergarten' (or daycare) as having a demand ratio of 1.0 EDC per 50 children enrolled for sewerage. The Mareeba Kids Campus OSHC facility is currently licensed to, and is accommodating a maximum of 50 children. If an approval is granted, the OSHC business will be spread over both the subject site, as well as adjoining Lot 1 on RP715483. As such, the development is not likely to place any additional demand on Council's reticulated sewerage network outside this existing credit and that of adjoining Lot 1, as such, a headworks charge for sewerage is not considered necessary in this instance. Roadworks The proposed development is for the expansion of the Mareeba Kids Campus OSHC facilities only and does not propose an increase to child enrolments or staffing numbers. As such, the proposed development will not result in an increase in traffic loading on the surrounding road network. Considering this, an augmentation of the road network contribution is not considered necessary in this instance. REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies. Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Engineering Page 83

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PUBLIC NOTIFICATION The development proposal was placed on public notification from 12 March 2014 to 14 April 2014. The applicant submitted the notice of compliance on 15 April 2014 advising that the public notification requirements were carried out in accordance with the requirements of the Act. No submissions were received. PLANNING DISCUSSION Nil Date Prepared:

23 April 2014

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3516605)

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ITEM-4

Wednesday 07 May 2014

PROPOSED CALL IN OF DEVELOPMENT APPLICATION MCU/11/0024 - MOUNT EMERALD WIND FARM

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

7 May 2014

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

Development and Community Service

EXECUTIVE SUMMARY On 10 April 2014, the Hon Jeff Seeney, Deputy Premier and Minister for State Development, Infrastructure and Planning wrote to Council giving notice under section 424A of the Sustainable Planning Act 2009 (SPA) of his intention to call in, assess and decide the development application for the proposed Mount Emerald Wind Farm (Attachment 1). Under section 424A of the SPA, the proposed call in notice must be given to the assessment manager (Council), the applicant, any submitter the Minister is aware of, and each concurrence agency for the application. The proposed call in notice sets out the Deputy Premier's reasons for the proposed call in and invites the affected parties to make written representations by 5pm on 14 May 2014. OFFICER'S RECOMMENDATION "That Council write to the Deputy Premier supporting the "Call In" of the development application for the proposed Mount Emerald Wind Farm." BACKGROUND On the 28 January 2014, the Mayor wrote to the Deputy Premier and Minister for State Development, Infrastructure and Planning outlining the difficulties Council was facing in the assessment of the development application for the proposed Mount Emerald Wind Farm and raising the prospect of the State calling in this development application. The State Government has indicated its intention to take the lead role in the assessment of future wind farm applications from 1 July 2014 and a draft Wind Farm State Code was released for public consultation on 22 April 2014. CONSULTATION External On 16 April 2014, Council received a copy of a letter from Mount Emerald Wind Farm Pty Ltd in response to the proposed call in notice in which the applicant supports the "Call In" of the Mount Emerald Wind Farm development application.

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LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) If the development application is not called in, irrespective of what decision Council makes on the application, there are indications that a legal challenge of some form will be attempted either by the applicant or by one or more members of the public opposed to the wind farm. As the application is code assessable there is no formal public notification period and no submitter appeal rights. Should Council approve the development, opponents to the wind farm are likely to challenge the process followed Council (using section 456 of the Sustainable Planning Act 2009). Without adequate resources/expertise, there is a prospect that the process followed by Council could be determined to be deficient and any approval issued by Council challenged. Council has limited financial capacity to engage the legal counsel and range of technical expert witnesses required to successfully defend against any such legal challenge. POLICY IMPLICATIONS Under the Sustainable Planning Act 2009 (SPA), the Minister administers the State Development and Public Works Organisation Act 1971 and the Minister administers the SPA, have the legislative power to call in a development application if it involves a state interest. Under the SPA, a state interest is: 

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



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

Council's previous submission to the Deputy Premier contends that the Mount Emerald Wind Farm involves economic and environmental interests well beyond those of the ratepayers and residents of the Mareeba Shire. It was further contended that Council does not have the in house expertise to ensure that a development as technically complex as this application undergoes an efficient, effective and accountable planning and development assessment, and that Council does not have sufficient financial capacity to engage the full range of external expertise. Because of this, unless the State is willing to take on the assessment manager role for the Mount Emerald Wind Farm application, there is a significant risk that the new Mareeba Shire Council will be seriously financially weakened and a similarly high risk that State interests (economic, environmental and ensuring effective/efficient/accountable planning & development assessment system) will be compromised. The proposed call in notice identifies that the proposed Mount Emerald Wind Farm development involves economic and environmental State interests. Council officers agree with the reasons outlined in the proposed call in notice that the proposed Mount Emerald Wind Farm development does involve economic and environmental State interests.

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FINANCIAL & RESOURCE IMPLICATIONS Capital NIL Operating In order to undertake a full and comprehensive assessment of the Mount Emerald Wind Farm application, Mareeba Shire Council would, at a minimum, need to engage expert consultants in the fields of noise, ecology/flora & fauna, visual impact, engineering, bushfire, aviation, town planning and legal services. These costs have not been budgeted for in this financial year. Added to these costs is the unknown cost of defending the expected legal challenges to Council's decision. A large and apparently well resourced anti wind farm group is expected to challenge any decision by Council to approve the Mount Emerald Wind Farm. Whilst the Mount Emerald Wind Farm application is code assessable and does not provide for submitter appeals, section 456 of the Sustainable Planning Act 2009 allows any person to seek a declaration from the Planning and Environment Court that Council has incorrectly considered any aspect of the assessment and to have the Council's decision declared invalid. Similarly, a refusal of the Mount Emerald Wind Farm will probably result in an appeal to overturn Council's decision. Due to the technical complexity of the wind farm assessment, defending either legal challenge will cost Mareeba Shire Council many hundreds of thousands of dollars. Mareeba Shire Council quite simply does not have the financial resources to engage the number of technical experts required to carry out a full and comprehensive assessment of the Mount Emerald Wind Farm application. IMPLEMENTATION/COMMUNICATION This matter has been discussed previously by Council. ATTACHMENTS 1.

Hon Jeff Seeney MP Deputy Premier and Minister for State Development, Infrastructure and Planning letter dated 10 April 2014.

Date Prepared:

22 April 2014

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ATTACHMENT 1

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GRANTS AND CORPORATE AND COMMUNITY PLANNING ITEM-5

FINANCIAL AND IN-KIND SUPPORT PROGRAM

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

7 May 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Interim Director Development and Community Services

DEPARTMENT:

Development and Community Services

EXECUTIVE SUMMARY This report presents the community requests for financial and in-kind support for Council consideration. Ten applications, totalling $8,892, have been received and assessed in accordance with the Financial and In-Kind Support Program policy.   

One existing ongoing application with a total value of $1,310 is recommended for approval by Council and is presented for approval for the 2014/2015 budget. Five new one-off applications with a total value of $7,010 are recommended for approval by Council. Four one-off applications with a total value of $572 have been approved through staff delegation.

OFFICER'S RECOMMENDATION "That Council: 1. 2. 3. 4. 5. 6.

Approve the ongoing application for cash assistance from the Mitchell River Watershed Management Group totalling $1,310 (FIKS09/119).” Approve the one-off application for cash assistance from Northern Gulf Resource Management Group totalling $2,000 (FIKS1522).” Approve the one-off application for remittance of fees from Davies Creek Rural Fire Brigade totalling $1,510 (FIKS1525).” Approve the one-off application for cash assistance from Mareeba State High School P&C Association totalling $1,500 (FIKS1524).” Approve the one-off application for in-kind assistance from Mt Molloy State School P&C Association totalling $1,000 (FIKS1520).” Approve the one-off application for in-kind assistance from Cancer Council Queensland totalling $1,000 (FIKS1511).”

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BACKGROUND ONGOING ASSISTANCE – for 2014/2015 budget

$1,310

FIKS09/119 MITCHELL RIVER WATERSHED MANAGEMENT GROUP Cash Assistance

$1,310

The Mitchell River Watershed Management Group is an independent, not-for-profit organisation working in partnership with local communities and stakeholders to:  create a balanced approach to the use of the resources of the Mitchell River catchment area and  achieve sustainable and integrated management of the catchment area.

The Mitchell River catchment is a significant river catchment in the Mareeba Shire. It spans 72,000 square kilometres and incorporates five major river systems: the Mitchell, Alice, Palmer, Walsh and Lynd. The Group have applied for funds to assist with costs related to the publishing, printing and distributing of materials (including a quarterly newsletter) as well as the promotion and display of information at various venues including local markets. Topics of interest in their informative material include:  weed identification  feral animal reporting and control and  better fire management practices. If approved, this would bring Council’s total ongoing assistance to $2000 per annum. History – ongoing amount of $690 in-kind assistance (mulch) approved 19 March 2014. ONE-OFF ASSISTANCE

$7,010

FIKS1522 NORTHERN GULF RESOURCE MANAGEMENT GROUP Cash Assistance One-off

$2,000

Northern Gulf Resource Management Group has requested $2,030 as a financial donation towards their educational event. Council's Financial and In Kind Support Policy states a cap of $2,000 per financial year. It is recommended to approve $2,000 towards their 'Healthy Kids Healthy Waterways' environmental education event. The Northern Gulf Resource Management Group Ltd (NGRMG) is a not-for-profit community based company which, as a designated regional natural resource management (NRM) body for the region, administer and manage projects funded by the Federal Government’s Caring for our Country and State Government’s Queensland NRM program. While these programs are NGRMG’s major source of funding these funds do not extend to educational programs for women and youth which must be sourced from elsewhere. The Northern Gulf natural resource region encompasses the catchments of the Norman, Gilbert, Staaten and Mitchell river systems, covering a land area of approximately 196,000 km². The major population centres are Karumba, Normanton, Croydon, Georgetown, Forsayth, Einasleigh, Mt Surprise, Irvinebank, Dimbulah, Chillagoe, Mount Molloy, Mount Carbine and Kowanyama. Northern Gulf Resource Management Groups plans to host an environmental education event themed around Healthy Waterways from creeks to the coast. The event will be called Healthy Page 104

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Kids Healthy Waterways (HKHW) and aims to encourage environmental leadership, co-operation and team building between rural students in the Mareeba Shire and to celebrate the contribution kids make to natural resource management, through fun and interactive activities. The event is targeted at students from year 4-7 from small schools in the Mareeba area and will allow them to make science relevant to their local environment. HKHW focuses on sustainable land management and reducing waste to ensure a healthy future for our catchment. This event will engage children in a range of fun recycling activities, sustainable natural resource practices and outdoor sustainable recreational activities including sustainable fishing games, water macro invertebrate monitoring, recycled art activities, hands on marine wildlife experience, pasture management for erosion control, soil science and a wildlife boat tour of the Mareeba wetland. History – nil. FIKS1525 RURAL FIRE BRIGADE, DAVIES CREEK Remittance of fees One-off

$1,510

Davies Creek Rural Fire Brigade have submitted a planning application to Council seeking permission to construct a shed on their property at Lot 1 SP252425 situated at Kay Road, Mareeba. The primary use of the shed will be to house their fire fighting vehicles, conduct onsite training and hold meetings. This application for the remittance of fees is for Council's planning fee for an impact assessable medium scale Material Change of Use. History – Nil FIKS1524 MAREEBA STATE HIGH SCHOOL P&C ASSOCIATION Cash Assistance One-off

$1,500

The Special Education Unit at the Mareeba State High School plans to take 11 students with disabilities to Townsville to compete in the Disability Challenge Games in Townsville which are to be held from 29 July to 1 August 2014. This event is the only opportunity where these students are able to compete in athletic events which are delivered for their ability. They are also exposed to social activities and for many this is the first opportunity to spend time away from home without family, thereby building independence. Assistance requested is to cover cost of bus hire ($1330), registration at the Games (11 students @ $10 each = $110) and a small contribution towards petrol costs ($60). History – nil FIKS1520 MT MOLLOY STATE SCHOOL P&C ASSOCIATION In-kind assistance One-off

$1,000

Mt Molloy State School are in the process of forming a Grounds Committee made up of staff, parents and community members who will formulate a five year plan to improve the school grounds and to make them more sustainable. In an effort to promote sustainable water practices the P&C wish to mulch the existing garden beds as well as new garden beds which they plan to make. Mt Molloy State School students, staff and parents will take part in working bees to move the mulch around the grounds and to make new beds to grow fruit trees, bush tucker plants and other native plants which attract birds and butterflies. Fundraising will occur to cover the cost of purchasing plants. This application covers the cost of four truckloads of mulch, from Mareeba Waste Transfer Station, to be delivered to Mt Molloy State School at the cost of $250 per load. History – Nil

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FIKS1511 CANCER COUNCIL QUEENSLAND – RELAY FOR LIFE 2014 In Kind assistance One-off

$1,000

Relay for Life is an overnight event held over 13 to 14 September 2014 at Davies Park. It is viewed as an opportunity for family, friends and colleagues to come together as a community to celebrate cancer survivors, remember loved ones lost to cancer and fight back against the disease. Teams of 10 to 15 participants challenge themselves to keep a baton moving in a relay style walk or run overnight. Visitors are welcome to enjoy the free entertainment, prizes and ceremonies which make the Relay for Life so inspirational. In 2013 approximately 300 people attended the Relay for Life in the Tablelands, raising over $85,000 for Cancer Council Queensland. Details of the assistance include:  delivery and pick-up of tables, chairs, witches hats and lectern;  delivery and emptying of rubbish bins (ten general waste bins, eight recycling bins);  cleaning of all borrowed items; and  cleaning equipment for the toilets (Cancer Council will clean the toilets themselves) History – Remittance of fees for the Mareeba branch's street stall licence fee $131 STAFF APPROVED

$572

FIKS1526 MOUNT CARBINE RODEO ASSOCIATION Remittance of Fees One-off

$312

Mount Carbine Rodeo Association Incorporated is a voluntary, not-for-profit organisation formed to promote and encourage visitors to the area as well as to fundraise for the upgrade of facilities at the Mount Carbine Sports Grounds. This benefits other associations in the Mount Carbine area as well as contributing to surrounding townships, e.g. providing economic development opportunities in towns from Mareeba to Mount Carbine. Mount Carbine Rodeo Association are catering for upcoming local events and have applied to Council for the remittance of their food licences for the three events. Each licence is valued at $104 each –  Motor Bike Show, 12 and 13 July 2014  Annual Bull Ride, 9 and 10 August 2014  Cairns to Cooktown Bike Ride, 29 and 30 August 2014 History - Nil FIKS1521 DAVID OLIVER Youth Achievement One-off

$200

David Oliver has qualified for the Australian Age and Multi Class Aged Championships being held at the Sydney Olympic Park in Homebush, over the week 19 to 20 April 2014. David will be competing in the Under 14's 50 meter freestyle event. David is a member of the Mareeba Swimming Club, where he competes against able bodied swimmers as well as special needs swimmers. He regards this event as an opportunity to promote the benefits of swimming in the development of young people with special needs. History – Nil

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FIKS1200 KURANDA HORSE AND PONY CLUB Cash Assistance One-off

$60

Kuranda Horse and Pony Club are holding their annual gymkhana on 7 June 2014. The club is requesting assistance from Council through the sponsorship of a set of trophies. Mareeba Shire Council will be promoted through the event on programs and the engraving of trophies. A $60 donation covers a set of trophies for an age group. History - Nil FIKS1505 MAREEBA CHAMBER OF COMMERCE â&#x20AC;&#x201C; FATALITY FREE FRIDAY Mixed Request One-off The Mareeba Chamber of Commerce (MCC) is hosting a community based road safety program, 'Fatality Free Friday'. The MCC intends to engage with the community, Council and emergency services to hold a public educational road safety awareness day at the Mareeba Soccer Club, Friday 30 May 2014, between 2.00pm and 7.00pm. Demonstrations will be conducted by emergency services in a crash scenario, as well as stalls and information booths. MCC have requested assistance from Council through the use of barricade tape and witches hats which they will collect and return themselves. Therefore, the small amount of staff time involved will not be charged back to the FIKS program on this occasion. History â&#x20AC;&#x201C; Nil SUMMARY OF APPLICATIONS 1.

Total Ongoing Approvals 2014 / 2015

Funds Approved to Date $ Recommended Approvals this Report $ Total $

71,416 1,310 72,726

2. FIKS Six Month Budget Summary 1/1/14 to 30/6/14 Following a thorough review of the FIKS register post de-amalgamation, with respect to all applications that apply to this six month period, and after consultation with the rates section, totals of funds previously committed have been amended as follows:

Funds Previously Committed as Ongoing Applications as of report, 16 April 2014 Funds Previously Committed as Rate Reimbursement as of report, 16 April 2014 Funds Previously Committed as One-Off Approvals (including staff approvals) as of report, 16 April 2014 Total Funds Previously Committed as of report, 16 April 2014

Previous Total $ 7,490

Amended Total $ 5,472

11,119

17,244

5,432

4,231

24,041

26,947

The revised six month budget summary is as follows: 2013/2014 Financial & In-Kind Support Budget

87,500

Funds Previously Committed as Ongoing Applications

8,874

Funds Previously Committed as Rate Reimbursement

17, 244

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

6,704

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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 IMPLEMENTATION/COMMUNICATION NIL ATTACHMENTS 1.

Not applicable

Date Prepared:

24 April 2014

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COMMUNITY WELLBEING ITEM-6

COMMUNITY SPORTING PRECINCT REPORT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

7 May 2014

REPORT OFFICER’S TITLE: Community Development and Engagement Officer DEPARTMENT:

Development and Community Services

EXECUTIVE SUMMARY The Mareeba Combined Sporting Precinct Reference Group seeks Council’s support with its ten million dollar project. The project involves the establishment of a sporting precinct by enclosing the Eales, Firth and Davies Park area and establishing sporting fields and courts as well as bicycle and running tracks in the precinct. The major infrastructure proposed is a multi-use sporting complex which would also be available for broader community use, for example, as a ‘place of refuge’ in the event of a disaster and conference / meeting facilities for large groups. The Mareeba and Dimbulah Community Bank have pledged to provide a million dollars in startup funds in the hope that this could be used as leverage to obtain support from local, state and federal government. There is a high level of community support for the project as evidenced by the large number of stakeholders in the Reference Group and by the results from Member for Cook, Mr David Kempton’s recent Community Forum at which this project, under the category of ‘Improving Community Recreational Facilities’ was noted as a priority for the area. OFFICER'S RECOMMENDATION "That Council: 1) Endorse the proposed development of Eales, Davies and Firth Park including approval for the future closure of parts of Riordan St, Courtney St and Doyle St once the proposed development commenced. 2) Establish the Mareeba Combined Sporting Precinct Reference Group as a Council appointed advisory committee to oversee and provide direction to the proposed development. 3) Contribute in-kind support (approximately $20,000) through the use of Council expertise in creating a concept design of the precinct, during 2014 / 2015. 4) Contribute in-kind support (approximately $20,000) through the use of Council expertise in sourcing, preparing, submitting and presenting papers and reports for the purpose of obtaining further funding for this project, during 2014 / 2015 5) Consider in the development of the 2014/15 Budget and long term financial plan the provision of financial assistance to the project. The extent of support being 10% of the required funding to a maximum of one (1) million dollars to leverage other government and corporate funding. The funds will only be required if commitment is gained from other sources to meet the remaining financial requirements of the project and will be phased over the life of the development (i.e. potentially over a number of financial year budgets).”

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BACKGROUND Historical Information – Process of Concept Development In October 2012, the Board of the Mareeba and Dimbulah Community Bank established a Sports Reference Group to discuss the lack of facilities for basketball and netball, investigate the needs of a wider group of sports clubs and search for solutions. This group determined a need for a multi-purpose sports centre and met periodically in search of a suitable location. Borzi Park was considered but discounted when Council advised that Borzi Park was at capacity and further facilities would not be approved. Grounds near the International Club and various other parks or vacant land around Mareeba were investigated but to no avail. The concept proposal for the proposed precinct was agreed to in late 2013 and incorporates Davies, Firth and Eales Parks, all of which surround the Mareeba Leagues Club. Stakeholders in this project include:  Mareeba & Dimbulah Community Bank  Mareeba Basketball Club  Mareeba Netball Club  Mareeba United Football Club  Mareeba Cricket Club  Mareeba Tennis Club  Mareeba Leagues Club  Mareeba Senior Rugby League Club  Mareeba Junior Rugby League Club  Mareeba Touch Football  Mareeba Police & Citizens Youth Club; and  Queensland State Emergency Services. To define the area as a designated precinct, it is proposed to fully fence the area and close off Riordan St, Courtney St and Doyle St. The following sports facilities are proposed in the outdoor areas:  four flexi-pave outdoor courts for netball and basketball,  additional cricket ground  additional rugby league ground  bike tracks and athletic running tracks around the precinct, and  connectivity to the proposed mountain bike trails on the reserve behind the turf club. A multi-use indoor sports complex in the precinct will provide a high standard facility, particularly for the use of basketball and netball clubs. It is further envisaged that the complex could be utilised for community events and as a ‘place of refuge’ in case of disaster. The proposed complex incorporates the following facilities:  two courts (basketball and netball)  kitchen facilities  showers, toilets and changing rooms  storage facilities; and  seating. In March 2014, the support of the wider Mareeba community was gauged when the concept was presented at the Community Forum hosted by Member for Cook, Mr David Kempton. Attendees at the forum voted this project, under the category of ‘Improving Community Recreational Activities’, as a priority for the area (ranked third, after roads and water).

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In April 2014, the Mareeba and Dimbulah Community Bank showed overwhelming support for the project when it pledged to provide a million dollars in start-up funds in the hope that this could be used as leverage to obtain support from local, state and federal governments. This funding is provided on the basis that the funding for the entire project be sought. Building and infrastructure would occur through a staged approach (as detailed in the attached submission) and would begin as soon as possible after funding becomes available. Evidence of Need Whilst the community is appreciative of the $400,000 funding recently provided to the Mareeba Gymnastics Club, Council officers have received feedback that there remains concern that other sporting groups lack the facilities not only to host larger regional events but also the basic facilities to support their own local club competitions. This proposal particularly addresses the outstanding needs of Mareeba Basketball and Mareeba Netball Club. The Mareeba Netball Club currently has approximately 180 junior members and 30 volunteer members. They hold a Mareeba competition, which teams from Atherton also take part in (the Atherton Netball Club is quite small in numbers), each Saturday from approximately 8:30am – 2:30pm. Games are played on the two courts at Mareeba State School and, this term, they will be further utilising the court at St Thomas’ Primary School. The courts at the State School, while appropriate for school netball, are not the correct size for club level netball. In order to meet the current needs of the members of their club, Mareeba Netball requires access to courts of the size stipulated by their sporting body. In order to expand their capacity as a club and to allow for the development of their junior players Mareeba Netball needs access to three or four courts in the one area. Once the Club had access to multiple courts of the required size they would be able to:  extend their local carnival to include the Ravenshoe Club (Ravenshoe have expressed interest in this) which would mean that all teams would be part of a weekly whole of Tablelands competition  host regional carnivals (their region extends from Tully to Port Douglas, including the Tablelands)  begin a Senior Netball competition. Mareeba Basketball currently has a membership of approximately 80 adults and 80 juniors (approximately 20% of their members are Indigenous). They have access to only one court in the PCYC Gymnasium and so their weekly competition is held over three nights (for approximately twelve hours) of the week, creating a heavy drain on volunteer resources. If Mareeba Basketball continues to utilise the PCYC Gymnasium, the floor will require replacement (at a cost of approximately $120,000) as the floor is too thin to sand back any further. Access to at least two courts would allow Mareeba Basketball to meet their goals as follows:  increase their membership overall and particularly to expand their women’s competition (at present they are unable to take on any more women’s teams)  split their competitions into A and B grades. An A grade competition would assist players to move to a more professional skill level  allow for more interaction between teams (more teams would be playing at the same time in the same venue)  allow more time for training (would free up a court for training purposes)  build capacity for young players to advance to State level competition. At present, skilled young people capable of playing basketball at State level are having to join other clubs in order to take advantage of that opportunity. As stated earlier, there is strong support for this project on a community level (as evidenced by the outcome of the Community Forum arranged by the Member for Cook in March 2014). Page 111

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Further confirmation of this significant support is apparent in the extensive list of community groups who are stakeholders in this project (twelve at present). Implications for Mareeba Sporting Resource This facility would provide a key sporting hub for many of the sporting groups in Mareeba. It would encourage the development of younger players and one could expect to see more young people from Mareeba representing the region at State and National level. The precinct will allow for more regional carnivals (ie, for netball, basketball, cricket and football) to be held in Mareeba. Commitment has been provided in written form by Cricket Far North Inc, Marlin Coast Netball and Basketball Queensland stating that the proposed precinct would allow for the hosting of regional and, in some cases, State level carnivals. This would provide sportspeople from the Mareeba area greater opportunity to develop both the skills and the confidence to compete at these levels. Economic and Financial Growth It is expected that this facility would encourage economic development in Mareeba in a number of ways. The two major opportunities for economic growth which go alongside this project are noted below. Firstly, establishing a highly visible and functional sports facility in Mareeba will encourage families (particularly those with children of primary and high school age) to move to the area and to utilise these services as well as other businesses and organisations in Mareeba (including schools). Secondly, the hosting of regional and state level carnivals will bring a large number of people to Mareeba, not only for day events but also for weekend or week-long events. Businesses in Mareeba would profit from this influx of people and Mareeba Leagues Club, in particular, would benefit as their proximity will allow them to offer catering services for the events. Disaster Management It is envisaged that the multi-purpose sports centre be built to standards which would allow the building to be used as a ‘place of refuge’ in the event of disaster, particularly in the case of cyclone. The building proposal includes a kitchen, expansive bathroom / change room facilities including multiple toilet and shower cubicles as well as the large open area in which the basketball / netball courts would be situated. Funding would be sought for the building under funding programs such as the National Disaster Resilience Program. Community The precinct would be available (and built to required specifications) as a meeting facility for community groups and businesses. In particular, the multi-purpose centre would provide a venue on the Tablelands for small conferences or other events that require large indoor areas. Role of Mareeba Shire Council In order to advance this project to the next stage the Reference Group requires:  commitment to future financial funding from within the local community (specifically from Mareeba Shire Council and Bendigo Bank) Page 112

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 assistance with the design and construction of the initial stages of the precinct  assistance with funding submissions and project advocacy. Most state and federal government funding programs require evidence of initial financial commitment from organisations within the local community (to the value of approximately 25%). The recommended in principal commitment to financially contributing $1 million would, in partnership with the funds already committed by Bendigo Bank ($1 million), allow the group to leverage other government and corporate funding. These funds would not be required this financial year and would be phased over the life of the development (ie, over a number of financial year budgets). They would only be required if commitment is gained from other sources to meet the remaining financial requirements of the project. Council expertise in the areas of design work and funding submissions (verbal and written) is vital to this project. Professionally prepared designs and submissions (including a business plan) are essential to attracting further financial support. This in-kind support would be required during the 2014/2015 financial year and discussions with relevant Council departments suggest that these could be catered for and absorbed under existing operating budgets. Management and Maintenance While these topics are yet to be finalised, initial discussions suggest that the precinct be overseen by a management committee / advisory group made up of representatives from each of the key user groups and from Council. Memorandums of understanding would be put in place to ensure the effective operation of this group. The advisory group would also consider the ongoing maintenance costs for the precinct. The Reference Group plans that the precinct will be self-sustaining and that funds for ongoing maintenance would be provided through a ‘user-pays’ system whereby each group using the precinct would be required to contribute on a pro-rata basis. Another revenue stream would be the hiring out of the meeting and conference facilities. CONSULTATION External Gilbert Teitzel, Mareeba & Dimbulah Community Bank Diana Pregl, Mareeba & Dimbulah Community Bank David Anthony, Mareeba Basketball Silvano Ruggeri, Mareeba Basketball Maria Pin, Mareeba Netball Club Meredith Ford, Mareeba Netball Club Alex Srhoj, Mareeba United Football Club Michelle Bombardieri, Mareeba and District Cricket Club Garry Minis, Mareeba Tennis Club Paul Jones, Mareeba Leagues Club Gordon Shelton, Mareeba Leagues Club Rob McCarthy, Mareeba Senior Rugby Leagues Club Chris Lea, Mareeba Junior Rugby Leagues Club Liza Fitzsimmons, Mareeba Touch Football Mary-Anne West, Mareeba Police & Citizens Youth Club Darryl Camp, Queensland State Emergency Services John Thurlow, Mareeba Turf Club Joanne Soothill, Mareeba High School

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LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital A maximum of $1 million, phased over the life of the development (over a number of financial year budgets) and dependent upon commitment from other government bodies to meet the remaining financial requirements. Operating In-kind contributions (approximately $40,000) of expertise and assistance in design and layout and in grant reports and submissions would be absorbed and catered for within the operating budgets of the applicable departments. IMPLEMENTATION/COMMUNICATION 1. Inform Reference Group of Council resolutions pertaining to this report. ATTACHMENTS 1.

A Submission to the Mareeba Shire Council, presented on 16 April 2014 (updated 28 April 2014)

Date Prepared:

28 April 2014

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CORPORATE SERVICES GOVERNANCE AND COMPLIANCE ITEM-7

COMPETITIVE NEUTRALITY COMPLAINTS PROCESS

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

7 May 2014

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

Governance & Compliance Support Officer

DEPARTMENT:

Corporate Services

EXECUTIVE SUMMARY Council is required by the Local Government Act 2009 to adopt a process for resolving competitive neutrality complaints. Competitive neutrality complaints arise when a business activity conducted by Council is in competition with a similar business activity conducted by private enterprise and a private business operator claims to be adversely affected by a competitive advantage that the private operator alleges is enjoyed by the Council. This report provides Council with advice on the competitive neutrality principle and the conduct of business activities by Council and includes a Competitive Neutrality Complaints Process for consideration and adoption. OFFICER'S RECOMMENDATION "That Council adopt the attached Competitive Neutrality Complaints Process." BACKGROUND The Local Government Act 2009 and the Local Government Regulation 2012 contain provisions relating to the application of the National Competition Policy Agreements to business activities conducted by local governments. This includes the application of the competitive neutrality principle. Under the competitive neutrality principle, an entity that is conducting a business activity in competition with the private sector should not enjoy a net advantage over competitors only because the entity is in the public sector. The competitive neutrality principle may be applied by corporatising or commercialising a business activity or full cost pricing of the business activity. Corporatisation involves the creation of a separate corporatised business entity to conduct the activity while commercialisation involves the setting up of a commercial business unit within the local government to conduct the activity. A local government applies full cost pricing to a business activity if the total projected revenue from providing all of the activity's goods and services is enough to cover the projected total costs of conducting the activity. In other words, where a local government is in competition with a Page 133

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private business operator, the local government cannot subsidise its business activity through general rate or other revenue or by absorbing some of the operating costs in other Council activities unless there are community service obligations involved. A community service obligation is an obligation the local government imposes on a business entity to do something that is not in the commercial interests of the business to do, for example, giving a price concession to a particular group of customers including pensioners, seniors and students. The Mareeba Shire conducts a number of business activities that meet the definition of a 'business activity' or 'significant business activity' as set out in the Act and Regulation. These activities include:        

Sewerage Water Supply Waste Management Plant Operations Design and Survey Services Soil Laboratory and Quality Assurance Other Road Activities Building Certification Services

While it is highly unlikely that Council would receive competitive neutrality complaints in relation to its water supply and sewerage business activities, it is quite possible that complaints could be received in relation to some of the other business activities, particularly Waste Management and Building Certification Services. To deal with any complaints or allegations that Council is enjoying a competitive advantage over its private sector counterparts, Council is required by section 48 of the Local Government Act 2009 to adopt a process for resolving competitive neutrality complaints. The process must include, as a minimum, how the Council will deal with the following: (a)

resolving a matter before making a complaint, including, for example, the process for(i) a person to raise concerns about alleged failures of the business entity to comply with the competitive neutrality principle in conducting the business activity; and (ii) clarifying the matter;

(b)

recording all complaints, decisions and recommendations.

Any formal complaint that is lodged must be dealt with by the Queensland Competition Authority. A Competitive Neutrality Complaints Process was in place in the Tablelands Regional Council and carried over to Mareeba Shire on de-amalgamation. However, the TRC process required amendment and updating to reflect the current provisions of the Local Government Regulation 2012. The document attached is the amended and updated version of the TRC Competitive Neutrality Complaints Process. It is recommended that Council formally adopt the amended process. LINK TO CORPORATE PLAN Not relevant at this point in time

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LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) As noted in the report, adoption of a competitive neutrality complaints process is a legislative requirement. The process must include a means of trying to resolve concerns raised by an affected person before a formal complaint is made, however, if the concerns are unable to be resolved by the preliminary process, the affected person can then lodge a formal complaint which must be referred by Council to the Queensland Competition Authority for investigation. If, on investigation of a complaint, the QCA finds that the Council business entity has a competitive advantage, the QCA will provide recommendations on how the business entity can conduct the business activity in a way that complies with the competitive neutrality principle. The Council must then decide, by resolution, whether to implement the QCA's recommendations. If the Council decided not to implement the QCA's recommendations, it would then run the risk of legal action being taken by the affected private business owner/s. POLICY IMPLICATIONS The attached process, once adopted by Council, will become the Council's policy for dealing with competitive neutrality complaints. FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION Once adopted by Council, the Competitive Neutrality Complaints Process will be placed in the Council's Policy Library and uploaded to the website. ATTACHMENTS 1. 2.

Competitive Neutrality Complaints Process document. Relevant provisions of the Local Government Act 2009 and the Local Government Regulation 2012.

Date Prepared:

17 April 2014

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INFRASTRUCTURE SERVICES TECHNICAL SERVICES ITEM-8

NAMING OF BRIDGE OVER WALSH LEADINGHAM CREEK ROAD, DIMBULAH

RIVER

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

07 May 2014

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

Infrastructure Services, Investigations Group

EXECUTIVE SUMMARY The bridge over the Walsh River on Leadingham Creek Road, Dimbulah was constructed by Council in 2009/2010 and to date has not been named. Many of the larger bridges within Mareeba Shire have traditionally been named in honour of local identities that have contributed to the local community and/or have been instrumental in the provision of improved services to their community. OFFICER'S RECOMMENDATION "That Council name the bridge over the Walsh River on Leadingham Creek Road the Fred Cattarossi Bridge in honour of a former long standing Councillor from Dimbulah." BACKGROUND Leadingham Creek Road is one of Mareeba Shireâ&#x20AC;&#x2122;s major collector roads which services approximately fifty (50) properties on the northern side of the Walsh River. This crossing traditionally relied on a low level causeway which remained under water for long periods of time during the wet season. Cr Cattarossi a Councillor with Mareeba Shire for many years and who farmed a property west of Dimbulah, was acutely aware of the hardship placed on local farmers in the area by not having a more flood resilient crossing at this location, which would allow access to the main highway and southern markets. Cr Cattarossi raised this issue at Council for many years and was eventually successful in having the new bridge placed on the forward works program. A new multi-span single lane concrete bridge, approximately three metres above the existing low level causeway was designed and constructed by Council in 2009 and 2010. Since being constructed there have been a number of inquiries from local residents as to the naming of the bridge and at a recent Council workshop the suggestion was made to name it the "Fred Cattarossi Bridge".

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It should be noted that Tablelands Regional Council considered a report presented to an Ordinary Meeting on 17 March 2010 regarding a naming policy for bridges and resolved to: "…not adopt the Naming of Council Bridges Policy and that applications regarding the naming of bridges be considered on an ad-hoc basis". Also at the same meeting a request to name the bridge "S.W.A.G. Bridge" was rejected and an earlier request in 2009 for "Palomino Crossing" was similarly rejected. CONSULTATION Internal Issue raised and discussed at recent Council workshop External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1.

Photo of completed bridge over Walsh River on Leadingham Creek Road.

Date Prepared:

29 April 2014

ATTACHMENT 1 Completed bridge over Walsh River on Leadingham Creek Road

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ITEM-9

Wednesday 07 May 2014

RIVERSIDE CARAVAN PARK, MAREEBA - STORMWATER DRAINAGE ISSUES

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

07 May 2014

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

Infrastructure and Maintenance Services, Technical Services

EXECUTIVE SUMMARY Council has requested investigations be undertaken into drainage problems at the Riverside Caravan Park, caused by stormwater runoff from adjacent road reserves entering the property. The purpose of this report is to provide Council with a preliminary concept design and estimate to alleviate the problem. OFFICER'S RECOMMENDATION "That Council approve the concept design submitted in this report, and agree to the release of funds from the Land and Facilities budget to prepare a detailed design and undertake the proposed works in Egan and Loudon Streets, Mareeba." BACKGROUND Following on-going issues with stormwater runoff entering the Riverside Caravan Park from adjacent road reserves, Council requested investigations be undertaken and a concept design and estimate be presented to Council for consideration. A number of on-site inspections have been undertaken by Council officers and a preliminary survey has been carried out to determine the direction of current runoff flows as well determining possible kerb and channel longitudinal flow paths. This information has allowed the Design Office to prepare a concept design which provides for the interception of overland flows into the Caravan Park from the surrounding road reserves by the installation of kerb and channel on both the Egan and Loudon Street frontages. Intercepted flows within the new kerb and channel will be directed to an existing stormwater pit in Loudon Street and a proposed new inlet structure in Egan Street. Barrier (upright) kerb will generally be used on the Egan Street frontage with the exception of the main sealed driveway where layback mountable kerb and channel will be installed to allow vehicle and caravan access. The existing gravel access on Egan Street will effectively be discontinued by the installation of the barrier kerb and channel in this section.

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Due to the existing longitudinal grade and general roadway configuration in the area, a concrete invert drain is proposed for Loudon Street to catch water from both the roadway and verge and direct this flow to the existing stormwater pit at the intersection with Moffat Street. These proposed works will effectively prevent the majority of stormwater runoff from the road reserves entering the Riverside Caravan park, however some minor runoff from areas located between the back of the kerb and channel and the property boundary, particularly in the main sealed driveway, will still enter the property. LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital The estimated cost of $95,600 is provided for in the current budget. Operating Nil IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1.

Concept Plan

Date Prepared:

28 April 2014

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ITEM-10

Wednesday 07 May 2014

APPLICATION FOR RENEWAL OF B-DOUBLE PERMIT BD1386 - MACKAY SUGAR

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

07 May 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Technical Officer Projects Investigation DEPARTMENT:

Infrastructure Services, Investigations Group

EXECUTIVE SUMMARY The National Heavy Vehicle Regulator (NHVR), under the provisions of the recently implemented Heavy Vehicle National Law (HVNL), has referred a Mackay Sugar renewal application for a continuation of current B-Double permit (BD1386) arrangements for the 2014-2015 cane hauling season. The B-Double operating permit application process requires that the Mackay Sugar renewal request is referred to Mareeba Shire Council as the road manager for consideration. The current Mackay Sugar B-Double access permit for roads previously approved and listed is due to expire 30 June 2014. OFFICER'S RECOMMENDATION "That Council advise the National Heavy Vehicle Regulator that in relation to the renewal application lodged by Mackay Sugar for a continuation of B-Double Permit BD1386: 1. Council does not consent to a continuation of B-Double access applying to: Basalt Street, Walsh Street, Constance Street, Lloyd Street, Atherton Street, Hort Street and Middlemiss Street, Mareeba. 2. Council consents to B-Double access to: Chettle Road, Springmount Road, Hansen Road and approved sections of Rankin Street, Chewko Road, Reynolds Street, Mason Street, Costin Street, Beames Street and Suhle Street, Mareeba. 3. Council consents to B-Double access to: Adil Road, Peters Road, Pickford Road, Coyle Road, Hodzic Road, Tyrconnell Road, Bower Road, Kimalo Road, North Walsh Road, Arriga Road, Tinaroo Creek Road, Cobra Road, Malone Road, Gilmore Road, Leotta Road, Kay Road, Rollinson Road and McIver Road, conditional on the following usage restrictions applying:

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B-Double Usage Conditions a) Time restrictions - prohibited week days during school bus operating hours (7.30am to 9am and 2.30pm to 4.00pm); b) Mackay Sugar to place warning signs on all road entries notifying of B-Double activity; c) Maximum speed limit 60km per hour, unless otherwise prescribed at a lower level; d) Rotating amber lights fitted to front and rear of vehicles; e) Mackay Sugar to provide Council with proposed schedules and actual usage on a monthly basis for monitoring of operations; f) Mackay Sugar to give prior notification (no later than one week in advance) to Council, residents, schools and bus service providers on the respective roads of proposed schedules."

BACKGROUND Mackay Sugar anticipates that 700,000 tonnes of cane will be delivered to the Mossman Mill from Tablelands growers in the 2014 season commencing in early May. A previous report to 19 March 2014 Ordinary Meeting of Council detailed QUBE Logistics BDouble operating procedure and safety initiatives proposed to be implemented. Queensland Transport and Main Roads and Mackay Sugar promote the benefits of B-Double transport in offering fewer truck movements resulting in efficiency gains and reduced impact on community amenity and heavy vehicle traffic volumes. Mackay Sugar has expressed a desire to utilise BDouble configured transport on local roads where possible. Since the announcement that a large percentage of Tablelands sugarcane growers would be transferring their production quota to the Mossman Mill, community concern has grown in opposition to the expected increase in B-Double traffic volumes on local and state roads. The local rural road network has typically evolved over time and is a contrasting collection of gravel, single lane and minimum width, two lane paved roads. The evolving nature of the rural road network has meant that the majority of regional roads have not been constructed to a geometric design standard suitable for use by multi-combination vehicles. Mackay Sugar is seeking to be granted a continuation of its current B-Double operating permit (BD1386) with a number of roads having been previously approved by Council for B-Double cane hauling operations.

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Mackay Sugar BD1386 Permit - Roads Currently Listed for B-double Access Adil Road (3)

Arriga Road (3)

Kay Road (3)

Chewko Road (2)

Peters Road (3)

Chettle Road (2)

Rollinson Road (3)

Rankin Street (2)

Pickford Road (3)

Springmount Road (2)

McIver Road (3)

Walsh Street (1)

Coyle Road (3)

Hansen Road (2)

Costin Street (2)

Constance Street (1)

Hodzic Road (3)

Tinaroo Creek Road (3)

Basalt Street (1)

Lloyd Street (1)

Tyrconnell Road (3)

Cobra Road (3)

Reynolds Street (2)

Atherton Street (1)

Bower Road (3)

Malone Road (3)

Mason Street (2)

Hort Street (1)

Kimalo Road (3)

Gilmore Road (3)

Beames Street (2)

Middlemiss Street (1)

North Walsh Road (3)

Leotta Road (3)

Suhle Street (2)

Legend for Council Road Access Recommendations to the NHVR; 1. Rescind B-double Approval - Urban / CBD Streets Unsuitable 2. Consent to Unrestricted B-double Access - Roads are Part of an Existing Strategic Transport Network 3. Consent to a Continuation of B-double Access - Subject to Conditions Being Imposed

ASSESSMENT 1.

A number of roads listed (underlined) for B-Double access under permit BD1386 are located within the Mareeba township and while previously approved for B-Double access are not relevant to Mackay Sugar hauling operations. As per discussion at the 19 March 2014 ordinary meeting of Council, it is recommended that access approval is rescinded for the Mareeba CBD streets identified. The urban streets are considered unsuitable for B-Double access and of no consequence to cane hauling operations.

The roads listed on the Mackay Sugar permit renewal and highlighted above are considered to be integral to heavy vehicle transport operations in the region. The Chettle / Springmount / Hansen Road heavy vehicle link between Dimbulah Road and the Kennedy Highway is considered to be a strategic bypass route. To date, Council has committed substantial resources to improve the road link to a standard suitable for heavy vehicle access, the road improvement and upgrade ongoing. The urban roads linking the Chewko Road/Reynolds Street industrial precinct and accessed from the Byrnes and Rankin Street roundabout have been the subject of years of Council lobbying to establish permit only B-Double access to transport depots and industry within the industrial precinct. Refer attached maps.

The approved roads listed and indicated in bold type have geometric deficiencies that provide Council officers reason for concern as to their suitability to sustain safe B-Double operations. While it is officers' understanding that no significant incidents or accidents have occurred in the recent past involving B-Doubles hauling sugar cane on the rural roads listed, it is the consensus of Infrastructure Maintenance Services staff that they are unable to agree to approving a continuation of unconditional B-Double access into the lower order rural roads as per the terms of the current permit.

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It is proposed that the following conditions are imposed for continuous B-double operations on the currently approved rural roads identified and listed above a) Time restrictions week days during school bus operating hours 7.30am to 9am - 3pm to 4.30pm b) Warning signs to be placed on road entries to rural areas notifying of B-Double activity c) Speed limit 60km per hour d) Flashing lights fitted to front and rear of vehicles e) Mackay Sugar to provide Council with monthly schedules for monitoring of operations f) Prior notification given to residents and bus service providers of proposed schedule The proposal to apply operating conditions is in accordance with Sections 160 and 161 of the Heavy Vehicle National Law (HVNL) and related to safety concerns that unrestricted B-Double operations will 'pose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions', Section 156 Clause (3) (a) ( iii ) Road Managers have the right to request the NHVR amend or cancel a permit or gazettal notice at any time if they are concerned about infrastructure damage, adverse community impacts or public safety risks. COMMENT Council officers are unsure of criteria previously used to assess the suitability of the roads currently listed in permit BD1386 as B-Double cane hauling routes. The listed rural roads have varying geometric and condition characteristics that offer uncertainty and inconsistency as to the initial parameters used to assess each road's suitability for B-Double access. In regards to the roads currently approved for B-Double access on BD1386, it is suspected that a risk based assessment methodology was utilised. The previous approval process appears to weigh up the benefit and risk of allowing B-Doubles limited access to a number of roads that are generally low volume rural roads with geometric limitations and substandard road widths. It seems the previous Council consent balanced inherent safety concerns against support for the strategic use of the road network in fostering local industry. A number of the rural roads listed for B-Double access under the current permit have sections of poor horizontal and/ or vertical geometry, restricted road widths and questionable road base capacities, the prevailing road characteristics not particularly ideal for sustaining either B-Double or semi-trailer operations. Sugar cane has been transported to the Tablelands Mill on the 'cane' roads by semi-trailer combinations for a number of years and irrespective of whether Council consents to the Mackay Sugar B-Double permit renewal or not, sugar cane will be transported to the Mossman Mill. Prior to the advent of the sugar industry, Council would not have envisaged the current demand for increased heavy vehicle or B-Double access across large sections of its rural road network. Council is working towards upgrading the Shire's rural collector roads and identified sections of strategic rural roads in an ongoing improvement process as funding permits. Council is mindful Page 164

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of the requirement to continually upgrade and improve its road network to service the developing needs of rural industries but the reality of the situation is that there are insufficient funds available to upgrade Council's entire rural road network to a consistent standard. CONSULTATION Internal Director Infrastructure Services Manager Technical Services External Mackay Sugar Cane Supply Transport Manager LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) As the Road Manager, Mareeba Shire Council is required to fulfil its referral and assessment obligations under the newly introduced Heavy Vehicle National Law (HVNL). POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION The National Heavy Vehicle Regulator (NHVR) to be notified of Council's position and the standard Road Manager Written Consent Form signed and returned accordingly. ATTACHMENTS 1. 2. 3. 4. 5.

NHVR referral of Mackay Sugar Application for permit renewal BD1386 (ECM # 3539148); NHVR Road Manager Written Consent Form; Sections of the NHVL relating to Road Manager consent and imposition of conditions; Map of Multi-Combination Route Map of B-Double Access to Transport Depots and industrial precinct.

Date Prepared:

17 April 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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ATTACHMENT 4

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ATTACHMENT 5

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ITEM-11

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MASTERSON STREET, STREET NAME

MUTCHILBA

SPELLING

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

07 May 2014

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

Infrastructure Services, Investigations Group

EXECUTIVE SUMMARY Council has been advised that the spelling of a street in Mutchilba is incorrect. The street in question is currently spelt Masterson Street, however it appears that the correct spelling of this street should be Marsterson Street. OFFICER'S RECOMMENDATION "That Council change the current spelling of Masterson Street, Mutchilba to Marsterson Street, Mutchilba." BACKGROUND Following the issue of the spelling of this street being raised, Council Officers undertook research of old maps and documents in an effort to ascertain the correct spelling. The investigation revealed that the correct spelling was in fact Marsterson Street as indicated on a Town of Mutchilba map drawn and published by the Survey Office Brisbane dated July 1969. Google Maps also refers to this street as Marsterson Street. A letter written by JJ Marsterson in 1938 gifting land for the State School to the Inspector of Schools, has also been provided to Council. This would indicate that the street was most likely named after Mr Marsterson in recognition of his generosity. Advice from Council's rates section is that there are approximately fifteen (15) properties on Council's rates database with their residential address listed as Masterson Street. A search was also carried out in Councilâ&#x20AC;&#x2122;s Records Management System, ECM, however no further documentation confirming the correct spelling was found. The only possible explanation was that the incorrect spelling could have occurred when Council changed from handwritten paper records to computerised records, but that is only speculation. Advice from the Rates section suggests that including the additional letter into the spelling of the name should not have a huge impact on the ratepayer, as the name essentially remains unchanged apart from the inclusion of one extra letter.

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Should the spelling change be approved by Council, the Rates section will advise all applicable departments and agencies of this correction. A list of the relevant agencies that will receive this advice is as follows: -

Australia Post Department of Child Safety Department of Natural Resources and Mines Queensland Electoral Commission Ergon Energy Queensland Fire and Rescue Service Queensland Police Service Telstra

The impact on these departments and agencies should be minimal as they simply need to include one letter in the existing street name record in their database. CONSULTATION Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION Should Council resolve to make the necessary correction to the spelling of this street, Council's Rates section will advise all the Agencies listed above as well as the affected property owners. ATTACHMENTS 1.

Letter from JJ Marsterson

Date Prepared:

16 April 2014

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WORKS ITEM-12

TENDER EVALUATION TMSC2014-11 SUPPLY AND DELIVERY OF TYPE 2.2 ROAD BASE - OOTANN ROAD

DOCUMENT INFORMATION

MEETING:

Ordinary Meeting

MEETING DATE:

07 May 2014

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

Manager Works

DEPARTMENT:

Infrastructure Services, Construction and Maintenance Group

EXECUTIVE SUMMARY Tender TMSC2014-11 is for the supply and delivery of gravel to the Ootann Road project located approximately 33km from the Ootann Road / Burke Development Road intersection. The report provides a comparison of tenders received and makes a recommendation on the preferred tenderer. OFFICER'S RECOMMENDATION "That Council resolves to award Tender TMSC2014-11 Supply and Delivery of Type 2.2 Road Base, Ootann Road to M & G Crushing & Materials Pty Ltd at the following unit rates (exclusive of GST): - 10,000 tonnes Type 2, Subtype 2.2

$29.91 per tonne

Amounting to a total value of $329,000.00 (inclusive of GST)." BACKGROUND Tender TMSC2014-11 is for the supply and delivery of gravel to Ch 33km Ootann Road. The tender is on a schedule of rates basis. A summary of the tenders received is set out below. The tender from M & G Crushing & Materials Pty Ltd is the most advantageous supply arrangement for Council.

SUBMITTED BY

AMOUNT per tonne (delivered to site)

ADDITIONAL INFORMATION

$66.00 $32.90 $38.50 $44.00

Including GST Including GST Including GST Including GST

Bolwarra Enterprises Pty Ltd M&G Crushing & Materials Pty Ltd Wallace Quarrying & Mining Pty Ltd CK Quarries Pty Ltd

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M & G Crushing & Materials Pty Ltd is able to meet specification requirements with respect to gravel quality. CONSULTATION Internal Infrastructure Services staff. External Nil. LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil. POLICY IMPLICATIONS Nil. FINANCIAL & RESOURCE IMPLICATIONS Capital Included in 2013 / 2014 budget. Operating Included in 2013 / 2014 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 Advice is provided to residents and businesses affected by any activities. ATTACHMENTS Nil.

Date Prepared:

28 April 2014

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WATER & WASTE ITEM-13

TENDER EVALUATION TMSC2014-13 CHILLAGOE ARSENIC PLANT PROJECT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

07 May 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Coordinator Water Operations DEPARTMENT:

Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY The Chillagoe Water Supply has arsenic levels that exceed the Australian Drinking Water Guidelines. Council has made application to the Royalties for Regions Program and has been successful in securing grant funding for an Arsenic Removal Plant for the Chillagoe Water Supply. OFFICER'S RECOMMENDATION "That Council award Tender TMSC2014-13 for the Design, Supply and Commissioning of an Arsenic Removal Water Filtration Plant and Associated Equipment for the Chillagoe Water Supply to Amiad Water Systems at a contract lump sum of $251,119 (inclusive of GST)". BACKGROUND The Chillagoe Water Supply has arsenic levels that are typically above the acceptable levels as stated in the Australian Drinking Water Guidelines 2011 (guideline limit 0.01mg/L). Average arsenic levels in the Chillagoe Water Supply fluctuate from 0.07 to 0.013 mg/L. Council officers investigated options for arsenic removal and found there were significant funding implications for Council due to Chillagoe's limited rate base. As a result, an application was made to the Royalties for Regions Program for the amount of $295,000 to fund an Arsenic Removal Plant and its associated installation costs. Council's application to the Royalties for Regions Program was successful and this will allow Council to deliver the project and supply the residents of Chillagoe with a safe water supply. Tender documents were forwarded to the following and their responses are set out below. Tender Recipients Amiad Water Systems Tema Engineers Aquatec Maxcon Ltd

Amount $251,119

Other Information Inclusive of GST Responded advising Council they no longer provide the type of Plant Council required No response received

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Cost of the Arsenic Removal Plant from Amiad Water Systems is $251,119 (inclusive of GST) with Council day labour to complete the installation of the Plant. CONSULTATION Internal Director Infrastructure Services Supervisor Water Reticulation External Yabbie Pond Pty Ltd SCADA Engineering Mareeba Electrical Services LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Water Supply (Safety and Reliability) Act 2008 POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Royalties for Region grant funding of $295,000 for purchase and installation of the Arsenic Removal Plant. Operating Allowance has been made in the 2014-2015 operational budget IMPLEMENTATION/COMMUNICATION Consultation with Director Infrastructure Services Supervisor Water Reticulation SCADA Engineering Mareeba Electrical Services ATTACHMENTS 1.

Summary of Tenders TMSC2014-13 (ECM # 2954849)

Date Prepared:

22 April 2014

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BUSINESS WITHOUT NOTICE Insert Councillor's Business Without Notice Here

NEXT MEETING OF COUNCIL The next meeting of Council will be held at 9:00 am on Wednesday 21 May 2014

FOR INFORMATION 1. Tourism Kuranda Advisory Committee Meeting Minutes - 18 March 2014 2. Kuranda Community Precinct Advisory Committee Minutes - 11 March 2014

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