Council Meeting Agenda 15 October 2014 by Mareeba Shire Council

Ordinary Meeting Council Chambers Date: 15 October 2014 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT KURANDA RECREATION CENTRE, ON WEDNESDAY, 15 OCTOBER 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda

Wednesday 15 October 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 OUT OF MINUTES OF PREVIOUS MEETING DEPUTATIONS AND DELEGATIONS CORPORATE AND COMMUNITY SERVICES ............................................................................... 5 REGIONAL LAND USE PLANNING ITEM-1 C & P Lovey - Material Change of Use - Animal Husbandry Intensive (Boarding Kennel) - Lot 2 SP194667 - 93 Armstrong Road, Kuranda - DA/14/0042.................. 5 ITEM-2 Cairns Plywoods Pty Ltd - Reconfiguring a Lot - Subdivision (1 into 41 Lots & balance area) in 4 stages - Lot 200 on SP216456 - Marinelli Drive, Mareeba DA/14/0041 ............................................................................................................ 41 ITEM-3 Extension to relevant period - Sibi Girgenti Holdings Pty Ltd - Material Change of Use & Reconfiguring a Lot - Subdivision (1 into 81 Lots) - Lot 2 RP736573 232 McIver Road, Mareeba - REC/06/0112 ............................................................ 59 ITEM-4 Application to Lease State Land - Lot 16 on AP7404 - DNRM - Parish of Tinaroo .... 91 ITEM-5 Application for Conversion of Term Lease - Lot 2 on HG804841 - DNRM - Parish of Petford................................................................................................................ 99 ITEM-6 GR Pedersen - Reconfiguring a Lot - Subdivision (1 into 3 Lots) and access easement - Lot 3 SP151297 & easements B & C SP151297 - MareebaDimbulah Road, Mareeba - DA/14/0016 ............................................................... 105 GRANTS AND CORPORATE AND COMMUNITY PLANNING ITEM-7 Kuranda Community Precinct - Offer on Sale of Land - Lot 1 SP265032 Caroona Street Kuranda CONFIDENTIAL .......................................................................... 133 ITEM-8 Mareeba Sporting Precinct ..................................................................................... 135 ITEM-9 Proposed New Arrangements for Land and Facilities Services CONFIDENTIAL .... 143 COMMUNITY WELLBEING ITEM-10 Aged Persons Housing National Registration System ............................................ 145 FINANCE ITEM-11 Write Off Calcifer Properties Overdue Rates .......................................................... 165 ITEM-12 Financial Statements for the Period Ending 30 September 2014 ............................ 169 GOVERNANCE AND COMPLIANCE 177 ITEM-13 Request to waiver fees from Living Waters Christian Churches Mareeba ............... 177 ITEM-14 Development and Governance Quarterly Report .................................................... 179 INFRASTRUCTURE SERVICES ................................................................................................ 191 WATER & WASTE ITEM-15 Tender Evaluation TMSC2014-23 Design and Construction of Reservoir in Kuranda................................................................................................................ 191 ITEM-16 Mareeba Wastewater Treatment Plant Transitional Environmental Program Department of Environment and Heritage Protection ............................................ 197 ITEM-17 Waste Collection Services Contract and a Tender Consideration Plan: S230 of the Local Government Regulation 2012 ............................................................... 201

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CHIEF EXECUTIVE OFFICER ................................................................................................... 219 ITEM-18 Lots 403 and 405 Kingsborough ............................................................................. 219 ITEM-19 Kuranda Mens Shed ............................................................................................... 223 ITEM-20 Geraghty Park, Julatten .......................................................................................... 225 BUSINESS WITHOUT NOTICE.................................................................................................. 229 NEXT MEETING OF COUNCIL .................................................................................................. 229 APPENDIX 1 - COMMITTEE MEETING MINUTES APPENDIX 2- FOR INFORMATION Summary of New Planning Applications and Delegated Decisions September 2014

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CORPORATE AND COMMUNITY SERVICES REGIONAL LAND USE PLANNING ITEM-1

C & P LOVEY - MATERIAL CHANGE OF USE - ANIMAL HUSBANDRY INTENSIVE (BOARDING KENNEL) - LOT 2 SP194667 - 93 ARMSTRONG ROAD, KURANDA DA/14/0042

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT:

Corporate and Community Services APPLICATION DETAILS

APPLICANT

APPLICATION C & P Lovey

ADDRESS

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

21 August 2014 Development Permit

FILE NO LODGED BY

DA/14/0042 C & P Lovey

PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

Rural zone Code Assessment

ATTACHMENTS:

RPD

PREMISES 93 Armstrong Road, Kuranda Lot 2 on SP194667

Material Change of Use - Animal Husbandry-Intensive (Boarding Kennel) AREA OWNER

41.79 hectares Barron Roofing Pty Ltd Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

n/a

1. 2.

Proposal Plan/s Cardno Noise Impact Assessment - K9 River Retreat September 2014

EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. Page 5

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The application is code assessable and was not required to undergo public notification. It has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and does not conflict with any relevant planning instrument. Draft conditions were provided to the Applicant and have been agreed. It is recommended that the application be approved in full with conditions.

OFFICER'S RECOMMENDATION "1.

That in relation to the following development application:

APPLICANT DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

APPLICATION C & P Lovey

ADDRESS

21 August 2014 Development Permit

RPD

PREMISES 93 Armstrong Road, Kuranda Lot 2 on SP194667

Material Change of Use - Animal Husbandry-Intensive (Boarding Kennel)

and in accordance with the Sustainable Planning Act 2009, the applicant be notified that the application for a development permit for the development specified in (A) is: Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment managerâ&#x20AC;&#x2122;s advice in (D), 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 Animal Husbandry-Intensive (Boarding Kennel)

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(B)

APPROVED PLANS: Plan/Document Number A-1 Rev A

SP-1 Rev A A-2 Rev A A11364

(C)

Wednesday 15 October 2014

Plan/Document Title Existing Building (K9 River Retreat - Floor Plan and Details Site Plan & K9 River Retreat Area Plan Existing Building (K9 River Retreat) Noise Impact Assessment - K9 River Retreat

Prepared by

Dated

RMS

12/08/14

RMS

12/08/14

RMS

12/08/14

Cardno

Sept 2014

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme

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

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

to ensure compliance with the following conditions of approval.

Timing of Effect 2.1

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

2.2

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

General 3.1

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

3.2

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

3.3

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

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3.4

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

3.5

Noise Management The Animal Husbandry-Intensive (Boarding Kennel) use must at all time be operated to ensure compliance with the Environmental Protection (Noise) Policy 2008. Specifically:

3.6

(i)

Dogs are housed indoors during the night period between 18:00 and 0:700; and

(ii)

Windows of dog rooms shall remain closed during the night period between 18:00 and 07:00; and

(iii)

Feeding of dogs is not to commence prior to 07:00 or to occur after 18:00; and

(iv)

The Operator of the facility must at, all times, actively manage noise from animals housed at the facility such that the occurrence of excessive noise is prevented; and

(v)

Exercising of dogs is not to occur outside the hours of 07:00 to 18:00; and

(vi)

Public access to the premises for Animal Husbandry-Intensive (Boarding Kennel) purposes is excluded outside of the hours of 07:00 to 18:00, including for the purposes of delivering and collecting animals and for deliveries of supplies

Solid Waste Management All dog faeces is to be collected as soon as practicable and composted on site in a Rapid Compost Tumbler, or equivalent unit, to the satisfaction of Council's delegated officer. Other solid waste is to be collected and disposed on off site at an approved waste management facility. Untreated on site burial is not acceptable.

3.7

Cleaning of Dog Kennels All rooms in which dogs are housed must be cleaned daily and kept in a sanitary condition at all times, to the satisfaction of Council's delegated officer.

3.8. Storage and preparation of food All food is to be stored and prepared in a properly constructed building capable of being easily cleansed, maintained and kept free of vermin. All animal food must be stored in vermin proof containers. Page 8

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3.9. Confinement of animals Animals shall at all times be kept within the confines of the kennels and exercise yards except during their receipt or release, or when on leash and under the direct supervision of the applicants. 3.10 Signage (i)

No more than one (1) sign shall be erected on the Armstrong Road frontage to advertise the approved use.

(ii)

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

(iii)

The sign must be removed when no longer required.

3.11 Maximum number of dogs to be accommodated in boarding kennel No more than twenty-two dogs are to be boarded on the subject land as part of the Animal Husbandry-Intensive (Boarding Kennel) use at any one time. 4.

Infrastructure Services and Standards 4.1

Access The property access to Armstrong Road must be upgraded (from the edge of the road pavement to the property boundary) in accordance with the FNQROC Development Manual, to the satisfaction of Council's delegated officer.

4.2

Car Parking/Internal Driveways The developer must ensure that the development is provided with at least one (1) on-site car parking space which is available solely for the parking of vehicles associated with the Animal Husbandry-Intensive (Boarding Kennel) use of the premises. All earthworks, access tracks, driveways, carparking areas and the like are to be gravelled so that the risk and consequences of erosion and dust are minimised. All earthworks are to be planted or otherwise protected from scour as soon as possible after works are carried out and to the satisfaction of Council's delegated officer.

4.3

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

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4.4

Wednesday 15 October 2014

On-Site Wastewater Management All wastewater associated with the Animal Husbandry-Intensive (Boarding Kennel) use is to be disposed of through an approved on-site effluent disposal system constructed generally in accordance with the latest version On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of Council's delegated officer.

Additional Payment Condition (section 650 of the Sustainable Planning Act 2009) 5.1.1 In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, the following additional payment is required towards the upgrading of Armstrong Road between Lot 2 on SP194667 and Oakforest Road:

Infrastructure Charge Augmentation of the Road Network Contributions (Myola) TOTAL CURRENT AMOUNT OF CHARGE

Rate

Current Amount of Charge

$20 per m2 GFA

$1,942.20

97.11m2 $1,942.20

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

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

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(b)

Wednesday 15 October 2014

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.

(E)

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

(F)

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS •

(G)

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

Development Permit for Building Work

OTHER APPROVALS REQUIRED FROM COUNCIL • •

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

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THE SITE The subject site is described as Lot 2 on SP194667, Parish of Mona Mona, County of Nares, having an area of 41.71 hectares. A dwelling and ancillary shed exist on the western side of the subject land. Approximately 80% of the subject site is cleared grassed pasture whilst the remaining 20% is largely covered by Category A or B vegetation that is a least concern region ecosystem. Two (2) small pockets of Category A or B vegetation of concern region ecosystems are located adjacent to the southern and western boundaries, well clear of the area proposed for the current development. The land has a frontage of approximately 490 metres onto Armstrong Road and is bordered by the Barron River on its southern boundary. Access to the subject site is gained from Armstrong Road which is constructed to formed gravel standard for the full frontage of the subject land. Armstrong Road is accessed across the Barron River low level causeway at the very end of Oak Forest Road. The Mareeba Shire Planning Scheme 2004 zones the locality a mixture of Rural and Conservation zones. Land uses are generally grazing, rural living and conservation purposes. The closest dwelling house (not on the subject land) to the proposed development is located approximately 520 metres to the west on adjoining Lot 1 on SP194667. At least three (3) other dwelling houses are located approximately 610 to 700 metres from the proposed development.

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

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BACKGROUND AND CONTEXT The development proposed by this development application commenced on the subject land, without an effective development approval, in early to mid 2014. Council officers contacted the applicants informing them of the need to obtain a development permit and advising that the development should cease until such time. This current development application has been made in response.

PREVIOUS APPLICATIONS & APPROVALS Council, at its Ordinary Meeting held on 17 February 2010, resolved to issue a development permit for an application made by C Lovey for Material Change of Use - Tourist Facility (6 cabins) on land described as Lot 2 on SP194667, Parish of Mona Mona, situated at Armstrong Road, Kuranda. To date, no works have commenced on site in relation to this development. The revelant period for this development approval remains current until 23 February 2016.

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use Animal Husbandry-Intensive (Boarding Kennel) in accordance with the plans shown in Attachment 1.

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The proposal is to operate an existing onsite building (former dwelling house) as a boarding kennel accommodating a maximum of 22 dogs at any one time. The building includes airconditioning and consists of light-weight construction. The dogs will be separated according to size and temperament into five (5) different rooms. The applicants state that two (2) rooms will have acoustic wall panelling and cladding to accommodate any particularly noisy dogs. An outdoor exercise area enclosed by a 1.8 metre high fence is attached to the kennel building. Dogs are proposed to be allowed outside during daylight hours (06:00-18:00). The dogs are to be kept inside at night where they will be monitored (using a baby monitor) by the applicants from their dwelling house which is approximately 80 metres to the west. Dog faeces is to be collected and composted in several composting tumblers. Dogs may be exercised outside the fenced enclosure and kennel building whilst on leash and under the supervision of the applicants.

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

Strategic Rehabilitation Area

•

State & Regional Conservation Corridor

•

Terrestrial Area of High Ecological Significance

•

Terrestrial Area of General Ecological Significance

•

Wetland Area of General Ecological Significance

PLANNING SCHEME DESIGNATIONS Zone:

Rural zone

Overlays

Natural and Cultural Features Heritage Overlay Natural Disaster Bushfire Overlay

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

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"Cattery" - the keeping, boarding or breeding of 4 or more cats (excluding kittens under the age of 3 months; “Crocodile farms” – the keeping of more than two crocodiles; “Cattle feedlots or lot feeding”; "Goat Farm" - the keeping or breeding of 2 or more goats per hectare; "Kennel" - the keeping, boarding or breeding of 4 or more dogs (excluding pups under the age of 3 months); "Piggery" - the keeping of 1 or more pigs; “Poultry farm” - the keeping and breeding of poultry for sale, exchange, egg production or slaughtering; “Stable” - the keeping or stabling of more than two horses per hectare. RELEVENT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:(a)

Far North Queensland Regional Plan 2009-2031

Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application: DRO 1.1 Biodiversity Conservation Land Use Policy 1.1.1

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

Complies

Comments



An animal boarding facility is not considered to be an urban activity for the implementation of the regional plan.

DRO 1.3 Air and Acoustic Environment Protection Land Use Policy 1.3.1

1.3.2

Urban design, industrial and residential subdivision layout, building design and operational practices are adopted that act to minimise air and noise emissions and the impacts of emissions on sensitive land uses Development that generates emissions must be adequately separated or planned, designed, constructed and operated to ensure the impacts of air and noise emissions on sensitive land uses meet the objectives of the Environmental protection (air) policy

Complies

Comments



The development can be conditioned to ensure compliance with this policy.



The proposed development would be separated from the closest dwelling house (not on the subject land) by approximately 520 metres. Cardno consultants were engaged by the applicants to review the proposed development and to provide a professional opinion on the likelihood of noise nuisance being caused.

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Mareeba Shire Council - Agenda and the environmental protection (noise) policy.

Wednesday 15 October 2014

In the opinion of Cardno, the proposed development is located in a location with sufficient separation distance to neighbouring residents and would be in compliance with Environmental Protection (Noise) Policy 2008 provided: •

Dogs are housed indoors during the night period between 18:00 and 0:700; and

•

Windows of dog rooms shall remain closed during the night period between 18:00 and 07:00.

These recommendations will be conditioned as part of any development approval.

DRO 2.4 Primary Production & Fisheries Land Use Policy 2.4.1

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

Complies

Comments

n/a

The subject land is not identified as good quality agricultural land, nor is the proposed development 'urban development'.

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

(b)

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

Complies

Comments



The development can be conditioned to ensure compliance with this policy.

State Planning Policy

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

Complies N/A//x

Assessment Requirements & Comments Development:

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

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

(a) operational work, or

(2) manages the significant adverse environmental impacts on matters of state environment

(b) a material change of use other than for a Page 16

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Wednesday 15 October 2014 significance by, in order of priority:

(a) avoiding significant adverse environmental impacts, and (b) mitigating significant adverse environmental impacts where these cannot be avoided, and (c) where applicable, offsetting any residual adverse impacts. Comment The proposed development would involve the re-use of existing buildings. The development does not require additional clearing or infrastructure and not likely to detrimentally impact on a matter of state environmental significance.

Natural hazards

N/A/ď&#x192;ź/x

Development:

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

a flood hazard area, or

(2)

a bushfire hazard area, or

(3)

a landslide hazard area, or

(4)

a coastal hazard area.

For all natural hazards:

(1) avoids natural hazard areas or mitigates the risks of the natural hazard, and (2) supports, and does not unduly burden, disaster management response or recovery capacity and capabilities, and (3) directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties, and (4) avoids risks to public safety and the environment from the location of hazardous materials and the release of these materials as a result of a natural hazard, and (5) maintains or enhances natural processes and the protective function of landforms and vegetation that can mitigate risks associated with the natural hazard, and Comment The proposed boarding kennel building is not located within an identified natural hazard area for flood or landslide. The subject land is identified as containing areas of bushfire hazard, however the proposed boarding kennel building is located outside the identified bushfire hazard area.

(c)

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

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

Natural Disaster - Bushfire Overlay Code Animal Husbandry â&#x20AC;&#x201C; Intensive Code Page 17

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

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

Planning Scheme Policies

The following planning scheme policies are relevant to the application: No. 1 - Water Supply (Outside Reticulated Water Supply Area) The applicants advise that on site water tank storage comprising 54,000 litres is available for the proposed development. The subject land also has riparian frontage to the Barron River. No. 4 - Development Manual All development works are required to be designed and constructed in accordance with FNQROC Development Manual standards. (e)

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

The subject land is located outside the identified Priority Infrastructure Area (PIA). Section 650 of SPA allows Council to condition additional trunk infrastructure outside the PIA where necessary. Armstrong Road is presently formed to a gravel standard and it is reasonable to require the applicant to make a contribution towards the upgrading of this road to bitumen standard. State Planning Regulatory Provision (adopted charges) establishes the maximum infrastructure charge Council may levy for particular land uses. The SPRP (adopted charges) does not establish a specific maximum charge for Animal Keeping, instead the maximum adopted charge is "the charge for the charge category that the local government determines should apply for the use at the time of assessment". The most appropriate charge category is High Impact Rural. The SPRP (adopted charges) sets a maximum infrastructure charge of $20 per m2 of gross floor area (GFA) for high impact rural. The development has a GFA of 97.11 m2. This equates to a charge of $1,942.00. The following additional payment condition is suggested: 5.1.1 In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, the following additional payment is required towards the Page 18

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upgrading of Armstrong Road between Lot 2 on SP194667 and Oakforest Road:

Infrastructure Charge Augmentation of the Road Network Contributions (Myola)

Rate

Current Amount of Charge

$20 per m2 GFA

$1,942.20

97.11m2

TOTAL CURRENT AMOUNT OF CHARGE

$1,942.20

5.1.2 The additional payment here applies for material change of use. As such the additional payment becomes payable when the change happens. 5.1.3 Until paid in full, the amount of the additional payment will be increased on 1 July each year in accordance with any increase to the maximum adopted infrastructure charge rate for High Impact Rural in the State Planning Regulatory Provision (adopted charges). 5.1.4 Instead of making the additional payment required under 5.1.1, the applicant may construct 100 metres of Oak Forest Road commencing at the northern side of the Barron River causeway and extending north for 100 metres to a bitumen seal width of 6.5 metres, in accordance with Rural Road (Class 100 999 Table D1.4) of the Mareeba Shire Planning Policy No. 4 - Development Manual, to the satisfaction of Council's delegated officer. Prior to works commencing, plans for the works described above must be approved as part of an Operational Works application. Should the applicant choose to construct these works, the works must be completed by the day the material change of use happens. 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 and Environmental Health. PLANNING DISCUSSION Although the development application is code assessable and not subject to public notification, the following comments were received in relation to the proposed development: From : Diane Ward [mailto:kpr@skymesh.com.au] Sent: Friday, 29 August 2014 2:50 PM Page 19

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To: Brian Millard Subject: KP River Retreat DA

Dear Brian, I have now had a chance to further consider the submission from K9RR that you sent the other day. From the layout of the premises on which the dogs are to be housed it appears there are only 5 separate “rooms” for overnighting. Even with 2 dogs in each room, this is a maximum of 10 dogs that the house could hold at one time, and yet the application seeks approval for 22 dogs with no further building works proposed. The K9RR website says that they only take “up to 10” dogs at any time, and I think that is probably why – they can only fit 10 dogs at a max. into their current accommodation. Will you be asking that the rooms are drained, made of impervious materials etc that are capable of being disinfected properly? Additionally, the current website suggests that many dogs are taken to the river for a swim each day. Should the dogs be kept within the exercise yards for security? Thankyou Diane Ward Kuranda Pet Resort Comment The application proposes a maximum capacity of 22 dogs within the existing building. The Planning Scheme's Animal Husbandry-Intensive code does not specify a minimum sleeping area per boarded dog and it would be permissible under any development approval to accommodate more than two (2) dogs per room. It will be a condition of any development approval that rooms are cleaned daily and kept in a sanitary condition at all times. With respect to the exercising of dogs outside the fenced/enclosed areas, this may only occur when dogs are on leash and under the direct supervision of kennel management. Date Prepared:

29 September 2014

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3583528)

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ATTACHMENT 2

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ITEM-2

Wednesday 15 October 2014

CAIRNS PLYWOODS PTY LTD - RECONFIGURING A LOT - SUBDIVISION (1 INTO 41 LOTS & BALANCE AREA) IN 4 STAGES - LOT 200 ON SP216456 MARINELLI DRIVE, MAREEBA - DA/14/0041

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT:

Corporate and Community Services APPLICATION DETAILS

APPLICANT

APPLICATION Cairns Plywoods Pty Ltd

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

12 August 2014 Development Permit

FILE NO LODGED BY

DA/14/0041 Twine Surveys Pty Ltd

PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

Residential Zone Code Assessment

ATTACHMENTS:

ADDRESS RPD

PREMISES Marinelli Drive, Mareeba Lot 200 on SP216456

Reconfiguring a Lot - Subdivision (1 into 41 Lots & Balance Area) in 4 Stages AREA OWNER

49.3326 ha Cairns Plywoods Pty Ltd Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

N/A

Proposal Plan/s - Jim Papas Drafting Pty Ltd dated August 2010 (DWS VS# 3580183)

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EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is code assessable and was therefore not required to undergo public notification. The applicant proposes the continued development of Marinelli Estate with the creation of 41 allotments plus a large balance area over four stages (Stages 7 - 10). The remaining balance area will be further developed in future stages of the estate. A previous approval (REC/07/0093) was granted over the subject site for Reconfiguring a Lot - Subdivision creating 86 allotments plus balance area, however, this approval was allowed to lapse in 2013. The application and supporting material has been assessed against the relevant statutory planning instruments, including the FNQ Regional Plan, the State Planning Policy, and the Mareeba Shire Planning Scheme (including codes and policies), and is not in conflict with any relevant planning instrument. The proposed development is consistent with the intent of the site's zoning and this officer has not identified any significant issues with the development. Draft conditions were provided to the applicant care of their consultant and have been agreed to. 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 Cairns Plywoods Pty Ltd 12 August 2014 Development Permit

ADDRESS RPD

PREMISES Marinelli Drive, Mareeba Lot 200 on SP216456

Reconfiguring a Lot - Subdivision (1 into 41 Lots & balance area) in 4 Stages

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The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument. (A)

APPROVED DEVELOPMENT: Development Permit for Reconfiguring a LotSubdivision (1 into 41 Lots & Balance Area) in 4 Stages

(B)

APPROVED PLANS: Plan/Document Number

(C)

Plan/Document Title

Prepared by

Dated

1181 - SK1

Overall Site Plan

Jim Papas Drafting Pty Ltd

August 2010

1181 - SK2

Existing Approvals Stages 4 & 6 to 14 - Revised Site Plan

Jim Papas Drafting Pty Ltd

August 2010

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme

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

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

to ensure compliance with the following conditions of approval.

Timing of Effect 2.1

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

General 3.1

3.2

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

3.3

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created/serviced where required by the relevant authority, unless approved by Council’s delegated officer. 3.4

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

3.5

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

3.6

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

3.7

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

3.8

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

Infrastructure Services and Standards 4.1

Access Access to each allotment must be constructed (from the edge of the road pavement to the property boundary of each lot) in accordance with the FNQROC Development Manual, to the satisfaction of Council's delegated officer. The provision of layback kerb along the frontage of each allotment will satisfy this condition.

4.2

Stormwater Drainage (a)

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

(b)

Prior to works commencing the applicant must submit a Stormwater Management Plan and Report prepared and certified by a suitably qualified design engineer (RPEQ) that meets or exceeds the standards of design and construction set out in the Queensland Urban Drainage Manual (QUDM) and the FNQROC Development Manual to the satisfaction of Council’s delegated officer.

(c)

Prior to works commencing the applicant must submit a Stormwater Quality Management Plan and Report prepared and certified by a suitably qualified design engineer (RPEQ) that meets or exceeds the Page 44

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standards of design and construction set out in the Urban Stormwater Quality Planning Guideline and the Queensland Water Quality Guideline to the satisfaction of Council’s delegated officer.

4.3

(d)

The Stormwater Quality Management Plan must include an Erosion and Sediment Control Plan that meets or exceeds the Soil Erosion and Sedimentation Control Guidelines (Institute of Engineers Australia) to the satisfaction of Council’s delegated officer.

(e)

The applicant/developer must construct the stormwater drainage infrastructure in accordance with the approved Stormwater Management Plan and/or Stormwater Quality Management Plan and Report.

(f)

Temporary drainage is to be provided and maintained during the construction phase of the development, discharged to a lawful point and not onto the construction site.

(g)

All stormwater channels through private property must be registered, with the easement for drainage purposes in favour of Council. All documentation leading to the registration of the easement must be completed at no cost to Council.

(h)

Should the applicant not be able to secure easement/s for drainage purposes through adjoining private property, all stormwater drainage must be directed south-east within Lot 200 on SP216456, to discharge directly into the Barron River.

(i)

The applicant (at their cost) must video all stormwater lines and submit the video for inspection by Council’s delegated officer prior to the development being taken "off maintenance" to ensure that no defects have occurred during the 12 month maintenance period.

Roadworks - Internal (i)

Internal roads must be constructed to Residential Street standard in accordance with the FNQROC Development Manual (as amended) to the satisfaction of Council's delegated officer.

(ii)

Temporary turnaround areas, with gravel surface, must be provided at the end of any new road construction adjacent to the balance area of the overall subdivision to allow traffic manoeuvring. A sealed turn around area must be provided at the western end of proposed Road B in Stage 7.

(iii)

A concrete footpath (joining with the footpath in Stage 6) is to be constructed on the eastern side of the Marinelli Drive extension in accordance with the FNQROC Development Manual.

(iv)

A concrete footpath (joining with the footpath mentioned in 4.3 (iii)) is to be constructed on the northern side of the unnamed road branching off to the east of the Marinelli Drive extension (proposed Road A3). Page 45

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4.4

4.5

Wednesday 15 October 2014

Water Supply (a)

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).

(b)

A water service connection must be provided to each proposed lot in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer.

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).

4.6

Electricity provision/supply The applicant/developer must ensure that an appropriate level of electricity supply is provided to each allotment in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer. Written advice from an Electricity Service Provider is to be provided to Council indicating that an agreement has been made for the provision of underground power reticulation.

4.7

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

4.8

Lighting Street lighting must be provided to all roads in accordance with FNQROC Development requirements (as amended) and to the satisfaction of Council's delegated officer.

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4.9

Wednesday 15 October 2014

Street Trees Planting Street tree planting must be provided in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer. The plan depicting species must be submitted to Council’s delegated officer for approval. The street trees must be planted in accordance with the approved plan.

(D)

ASSESSMENT MANAGER’S ADVICE (a)

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

(b)

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

(c)

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

(d)

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

(e)

(f)

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(g)

Wednesday 15 October 2014

(E)

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

(F)

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS •

(G)

Development Permit for Operational Works

OTHER APPROVALS REQUIRED FROM COUNCIL •

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

Nil

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

Lots

Rate

Current Amount of Charge

Augmentation of the Road Network Contributions (Mareeba South)

12 x $4,170.00

$50,040.00

Open Space Contributions

12 x $4,170.00

$50,040.00

Water Supply Headworks Contributions

12 x $4,170.00

$50,040.00

Sewerage Headworks Contributions

12 x $4,170.00

$50,040.00

Infrastructure Charge Stage 7 (Lots 85 - 91 & 162 - 166)

$200,160.00

Total amount of charge for Stage 7 Stage 8 (Lots 92 - 96, 116 - 118 & 160 - 161) Augmentation of the Road Network Contributions (Mareeba South)

10 x $4,170.00

$41,700.00

Open Space Contributions

10 x $4,170.00

$41,700.00

Water Supply Headworks Contributions

10 x $4,170.00

$41,700.00

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Infrastructure Charge Sewerage Headworks Contributions

Wednesday 15 October 2014

Lots

Rate

Current Amount of Charge

10 x $4,170.00

$41,700.00 $166,800.00

Total amount of charge for Stage 8 Stage 9 (Lots 97 - 101 & 111 - 115) Augmentation of the Road Network Contributions (Mareeba South)

10 x $4,170.00

$41,700.00

Open Space Contributions

10 x $4,170.00

$41,700.00

Water Supply Headworks Contributions

10 x $4,170.00

$41,700.00

Sewerage Headworks Contributions

10 x $4,170.00

$41,700.00 $166,800.00

Total amount of charge for Stage 9 Stage 10 (Lots 102 - 110) Augmentation of the Road Network Contributions (Mareeba South)

9 x $4,170.00

$37,530.00

Open Space Contributions

9 x $4,170.00

$37,530.00

Water Supply Headworks Contributions

9 x $4,170.00

$37,530.00

Sewerage Headworks Contributions

9 x $4,170.00

$37,530.00

Total amount of charge for Stage 10

$150,120.00

TOTAL CURRENT AMOUNT OF CHARGE

$683,880.00

" THE SITE The subject site is situated at the very end of Marinelli drive and is described as Lot 200 on SP216456, Parish of Tinaroo, County of Nares. The subject site is the balance land stock from the previously developed earlier stages of Marinelli Estate. This application consists of Stage 7 - 10 of the Marinelli Estate subdivision development which extends down the western half of the site, creating an additional 41 allotments. A separate application (DA/14/0028) for Stage 6 of Marinelli Estate creating 6 additional lots was approved under delegation on 30 September 2014. The balance area of Lot 200 will be further developed in future stages. The subject site has a total area of 49.33 hectares with frontages of approximately 32 metres to Marinelli Drive and 20 Metres to Luisa Circuit. Both roads are constructed to bitumen sealed standard, including kerb and channel. Access to the site is currently available off both roads. A dwelling house is established on the subject land; well outside the area to be developed as Stage 7 - 10. The Stage 7 - 10 area has been cleared of vegetation and is not significantly threatened by any natural hazards.

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Adjoining properties within Marinelli Estate are all zoned residential. Land adjoining the western boundary is zoned Rural. Dwelling houses are established on most adjoining properties.

BACKGROUND AND CONTEXT Nil

PREVIOUS APPLICATIONS & APPROVALS Council at its Meeting held on 18 December 2007 resolved to issue a Development Permit (REC/07/0093) for the application made by C and B Consultants Pty Ltd on behalf of TW Hedley (Investments) Pty Ltd for the reconfiguration of land described as Lot 200 on SP201320, Parish of Tinaroo, situated on Marinelli Drive, Mareeba, into eighty-six (86) lots. This development permit covering Stages 6 to 9 of Marinelli Estate lapsed on 19 December 2013. The subdivision plan for lapsed development approval REC/07/0093 is shown below:

Twine Surveys Pty Ltd, on behalf of the applicant, has now lodged this development application which proposes to re-establish the reconfiguring a lot development approval over part of the lapsed development approval area.

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Reconfiguring a Lot Subdivision (1 into 41 Lots & Balance Area) in 4 Stages in accordance with the plans shown in Attachment 1. The application represents Stages 7 - 10 of the Marinelli Estate subdivisional development. The proposed configuration consists of forty one (41) new residential allotments and the Page 51

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balance area of Lot 200. The balance area of Lot 200 will be further developed in future stages. The 41 proposed allotments will range in size from 699m2 to 1,229m2 with a staging plan as follows: • Stage 7 (12 Lots) - Proposed Lots 85 - 91 and Lots 162 - 166 • Stage 8 (10 Lots) - Proposed Lots 92 - 96, Lots 116 - 118 and Lots 160 - 161 • Stage 9 (10 Lots) - Proposed Lots 97 - 101 and Lots 111 - 115 • Stage 10 (9 Lots) - Proposed Lots 102 - 110 Approximately 500 metres of new internal road is proposed to provide access to the proposed allotments. All 41 new lots will be provided with water and sewerage connections, underground electricity/telecommunications and kerb and channelling. The applicant does not seek to dedicate land as public open space.

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 as a Regional Activity Centre in the Regional Plan. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site as containing: •

Terrestrial Area of General Ecological Significance

PLANNING SCHEME DESIGNATIONS Strategic Framework designation:

Major Urban Growth Node (Mareeba)

Zone:

Residential

Overlays

Natural Disaster - Bushfire Overlay Airport and Aviation Facilities Overlay

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

Far North Queensland Regional Plan 2009-2031

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DRO 1.1 Biodiversity Conservation Land Use Policy 1.1.4

Complies

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



Comments Complies - With the exception of a small slither of land which is known to be cleared (mapping discrepancy) The proposed development (Stage 7 - 10) avoids areas of the site mapped as being of General Ecological Significance.

DRO 4.1 Compact Urban Form Land Use Policy 4.1.1 4.1.2

4.1.3

4.1.4

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 Higher dwelling densities are achieved within appropriate areas.

Complies

   

Comments Complies - The subject site is contained within the Urban Footprint. Complies - The proposed development is consistent with the site's residential zoning and is a logical continuation of the established Marinelli Estate. Complies

Complies - The proposed development will achieve higher dwelling densities within a residential area.

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

(b)

State Planning Policy

Complies



Comments The development will be conditioned to comply.

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

Complies N/A//x

Assessment Requirements & Comments Development:

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

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

(a) operational work, or

(2) manages the significant adverse environmental impacts on matters of state environment

(b) a material change of use other than for a

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significance by, in order of priority:

(a) avoiding significant adverse environmental impacts, and (b) mitigating significant adverse environmental impacts where these cannot be avoided, and (c) where applicable, offsetting any residual adverse impacts. Comment The portion of Lot 200 on SP216456 to be developed as Stages 7 - 10 contains a small portion of land mapped as Terrestrial Area of General Ecological Significance. However, the entire area remains cleared of all vegetation with this considered to be a mapping discrepancy only.

Water quality

N/A/ď&#x192;ź/x

Development:

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

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

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

(a) altered stormwater quality or flow, and

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

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

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

(3)

(c)

Receiving waters

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

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

Comment The development will be conditioned to comply.

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

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

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

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

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

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Relevant Codes Residential Zone Code Natural Disaster Bushfire Overlay Code Reconfiguring a Lot Code

(d)

Wednesday 15 October 2014

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

Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application: No. 4 - Development Manual The proposed development can be conditioned to ensure all development works are designed and constructed in accordance with the FNQROC Development Manual. (e)

Adopted Infrastructure Charges Notice

Water Supply In accordance with Planning Scheme Policy No. 2 - Headworks Charges for Water Supply and Sewerage, a contribution towards water supply for forty one (41) additional lots is applicable. Based on the 2014/2015 water supply headworks contribution rate, the following contribution is applicable: •

41 lots x $4,170.00 = $170,970.00

Sewerage Supply In accordance with Planning Scheme Policy No. 2 - Headworks Charges for Water Supply and Sewerage, a contribution towards sewerage headworks for forty one (41) additional lots is applicable. Based on the 2014/2015 sewerage headworks contribution rate, the following contribution is applicable: •

41 lots x $4,170.00 = $170,970.00

Roadworks In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, a contribution towards augmentation of the road network for forty one (41) additional lots is applicable. Based on the 2014/2015 road network contribution rate, the following contribution is applicable: •

41 lots x $4,170.00 = $170,970.00

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Parks In accordance with Planning Scheme Policy No. 5 - Open Space Contributions, a contribution towards open space for forty one (41) additional lots is applicable. Based on the 2014/2015 open space contribution rate, the following contribution is applicable: â&#x20AC;˘

41 lots x $4,170.00 = $170,970.00

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 - Operational Works PLANNING DISCUSSION Nil Date Prepared:

30 September 2014

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3580183)

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ITEM-3

Wednesday 15 October 2014

EXTENSION TO RELEVANT PERIOD - SIBI GIRGENTI HOLDINGS PTY LTD - MATERIAL CHANGE OF USE & RECONFIGURING A LOT - SUBDIVISION (1 INTO 81 LOTS) - LOT 2 RP736573 - 232 MCIVER ROAD, MAREEBA - REC/06/0112

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

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

APPLICANT

Corporate and Community Services APPLICATION Sibi Girgenti Holdings Pty Ltd ADDRESS

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

15 September 2014

FILE NO LODGED BY

AREA REC/06/0112 OWNER Robin Trotter Consulting Cadastral Surveyor Mareeba Shire Transitional Planning 1982

PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

ATTACHMENTS:

RPD

PREMISES 232 McIver Road, Mareeba Lot 2 on RP 736573

Development Permit & Preliminary Approval Preliminary Approval for Material Change of Use to vary the effect of the Planning Scheme and Development Permit for Reconfiguring a Lot - 1 into 81 Residential Low Density lots 19.47 hectares Sibi Girgenti Holdings Pty Ltd

Rural Impact Assessment One (1)

1. 2. 3.

Negotiated Decision Notice dated 22 September 2008 Robin Trotter Consulting Cadastral Surveyor's request to extend relevant period dated 15 September 2014 Department of State Development, Infrastructure and Planning letter dated 1 October 2014

EXECUTIVE SUMMARY On 2 July 2008, Council approved the superseded planning scheme application made by Robin Trotter Cadastral Surveyor on behalf of Sibi Girgenti Holdings Pty Ltd for preliminary Page 59

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approval for Material Change of Use varying the effect of the Planning Scheme (Rural A zone to Residential Low Density) and a development permit for Reconfiguring a Lot - 1 lot into 81 lots of land described as Lot 2 on RP736573, Parish of Tinaroo, situated at 232 McIver Road, Mareeba. The decision notice was issued on 9 July 2008. A negotiated decision notice was approved by Council at its meeting of 10 September 2008 and issued on 22 September 2008. On 6 June 2012, a two (2) year extension to the relevant period was granted. The relevant period will be deemed to have ended on 22 September 2014 unless a further extension is approved. To date, no development works have commenced in relation to the approved development. The original application was impact assessable and one (1) properly made submission was received. Robin Trotter Consulting Cadastral Surveyor on behalf of the applicant has lodged a second request to extend the relevant period for a further 12 months from 22 September 2014 to 22 September 2015. The 12 month extension is consistent with Council's informal policy position and it is recommended that the relevant period for REC/06/0112 be extended for a period of one (1) year, from 22 September 2014 to 22 September 2015.

OFFICER'S RECOMMENDATION “1.

That in relation to the application to extend the relevant period for the following development approval: APPLICATION PREMISES Sibi Girgenti Holdings ADDRESS: 232 McIver Road, Pty Ltd Mareeba TYPE OF Development Permit & RPD: Lot 2 on RP 736573 APPROVAL Preliminary Approval APPROVED Preliminary Approval for Material Change of Use to vary the DEVELOPMENT effect of the Planning Scheme and Development Permit for Reconfiguring a Lot - 1 into 81 Residential Low Density lots APPLICANT:

and in accordance with the Sustainable Planning Act 2009: (A) 2.

The relevant period be extended for 1 year from 22 September 2014 to 22 September 2015.

A Notice of Council’s decision be issued to the applicant and referral agency advising of Council’s decision”.

THE SITE The subject land is described as Lot 2 on RP736573, Parish of Tinaroo, County of Nares, having an area of 19.47 hectares, with frontages of approximately 510 metres onto McIver Road, 560 metres unnamed eastern road and 630 metres onto unnamed northern road.

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The land is situated on McIver Road approximately 440 metres from the intersection of Tilse Street and McIver Road. The Prestige Gardens residential development is located directly to the east of the subject land. Access to the land is currently obtained off McIver Road. The land is zoned Rural under the Mareeba Shire Planning Scheme 2004. Properties situated immediately to the east are zoned Residential. Properties to the south, on the opposite side of McIver Road are zoned Rural.

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BACKGROUND AND CONTEXT On 2 July 2008, Council approved the superseded planning scheme application made by Robin Trotter Cadastral Surveyor on behalf of Sibi Girgenti Holdings Pty Ltd for preliminary approval for Material Change of Use varying the effect of the Planning Scheme (Rural A zone to Residential Low Density) and a development permit for Reconfiguring a Lot - 1 lot into 81 lots of land described as Lot 2 on RP736573, Parish of Tinaroo, situated at 232 McIver Road, Mareeba, subject to conditions. The application was assessed under the 1984 Transitional Mareeba Shire Planning scheme. The decision notice was issued on 9 July 2008. A negotiated decision notice was approved by Council at its meeting of 10 September 2008 and issued on 22 September 2008 (Attachment 1). On 6 June 2012, a two (2) year extension to the relevant period was granted. The relevant period will be deemed to have ended on 22 September 2014 unless a further extension is approved. To date, no development works have commenced in relation to the approved development. Robin Trotter Consulting Cadastral Surveyor on behalf of the applicant has subsequently lodged an application to extend the relevant period for a further 12 months from 22 September 2014 to 22 September 2015 (Attachment 2).

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The 12 month extension is consistent with Council's informal policy position and it is recommended that the relevant period for REC/06/0112 be extended for a period of one (1) year, from 22 September 2014 to 22 September 2015.

ASSESSMENT AND DECISION REQUIREMENTS Assessment rules Section 388 of SPA requires that Council must have regard to: 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. Applicable Planning Instruments The application was lodged in 2006 under Superseded Planning Scheme provisions of the Integrated Planning Act 1997 to apply under the Mareeba Shire Transitional Planning Scheme 1982. â&#x20AC;˘

Mareeba Shire Transitional Planning Scheme 1982 & associated Mareeba Shire Strategic Plan 1994 The subject land was zoned Rural A under this Planning Scheme. The Mareeba Shire Strategic Plan 1994 included the subject land within the Urban designation The application to override the Rural A zoning and develop the subject land in accordance with the Residential Low Density zone was consistent with the Strategic Plan. Development Approval REC/06/0112 is therefore considered consistent with the Mareeba Shire Transitional Planning Scheme 1982 and the associated Mareeba Shire Strategic Plan 1994. Should Development Approval REC/06/0112 lapse, the applicant cannot reapply under this Planning Scheme as the superseded planning scheme provisions expired on 10 January 2007 (Two years after the commencement of the Mareeba Shire Planning Scheme 2004).

â&#x20AC;˘

Mareeba Shire Planning Scheme 2004 The Mareeba Shire Planning Scheme 2004 commenced on 10 January 2005 and zoned the subject land as Rural. This Planning Scheme is still in force. As the 2004 Planning Scheme commenced prior to the superseded planning scheme application being made under the 1982 Planning Scheme (in 2006), it does not reflect the later Development Approval REC/06/0112. Accordingly, Development Approval REC/06/0112 for development in accordance with the residential zone is inconsistent with the Mareeba Shire Planning Scheme 2004.

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Should Development Approval REC/06/0112 lapse, the applicant could reapply, and reasonable planning grounds are considered to exist to support the issue of a new development approval for the same development. On 2 December 2013 (amended July 2014), the Department of State Development, Infrastructure and Planning introduced the single State Planning Policy (SPP) to replace the various State Planning Policies previously in place. Development approval REC/06/0112 is not considered to be in conflict with any relevant aspect of the SPP. Applicable Infrastructure Charges Development Approval REC/08/0112 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) submission was received from the owners of the farming property on the southern side of McIver Road. Although the development has not commenced, it is considered probable that the surrounding residents would currently be aware of the approved residential development. Awareness of the development will, however, diminish over time.

•

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 also be impact assessable and subject to public notification. It is probable that the submitter to the current application (neighbouring farmer) would also lodge a similar submission to any new application. •

the views of any concurrence agency for the approval given under section 385. The original application triggered referral to the Department of Transport and Main Roads and the Department of Environment and Resource Management. The Department of State Development, Infrastructure and Planning have advised in a letter dated 1 October 2014 that they have no objection to the proposed extension to the relevant period (Attachment 3).

Date Prepared:

25 September 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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ITEM-4

Wednesday 15 October 2014

APPLICATION TO LEASE STATE LAND - LOT 16 ON AP7404 - DNRM - PARISH OF TINAROO

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

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

Corporate and Community Services

EXECUTIVE SUMMARY Application has been made to the Department of Natural Resources and Mines (DNRM) for the issue of a lease over land described as Lot 16 on AP7404, Parish of Tinaroo, situated at Narcotic Creek Road, Chewko. The proposed use of the land is grazing. DNRM seeks Council's views on the issue of the lease and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. OFFICER'S RECOMMENDATION "That Council offer no objection to the issue of a lease for grazing purposes over land described as Lot 16 on AP7404, Parish of Tinaroo and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land." BACKGROUND DNRM is currently considering an application to lease State land described as Lot 16 on AP7404, Parish of Tinaroo. Lot 16 on AP7404 has an area of 17.3 hectares which includes approximately 525 metres frontage to Narcotic Creek Road and 258 metres frontage to Chewko Road. Narcotic Creek Road and Chewko Road are bitumen sealed for the full length of their frontage with the subject land. Lot 16 contains no notable improvements and also remains extensively vegetated. Should a lease be granted, it is proposed that the land be used for grazing purposes.

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DNRM seeks Council's views on the issue of the lease and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. LINK TO CORPORATE PLAN NIL CONSULTATION Internal NIL External NIL LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) NIL POLICY IMPLICATIONS The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the use of the land for grazing purposes. There are no known non-indigenous cultural heritage values associated with the subject land. FINANCIAL & RESOURCE IMPLICATIONS Capital NIL Operating NIL Is the expenditure noted above included in the 2014/2015 budget? NIL If not you must recommend how the budget can be amended to accommodate the expenditure NIL IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter.

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ATTACHMENTS 1.

Department of Natural Resources and Mines letter dated 19 September 2014

Date Prepared:

22 September 2014

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ATTACHMENT 1

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ITEM-5

Wednesday 15 October 2014

APPLICATION FOR CONVERSION OF TERM LEASE LOT 2 ON HG804841 - DNRM - PARISH OF PETFORD

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

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

Corporate and Community Services

EXECUTIVE SUMMARY Application has been made to the Department of Natural Resources and Mines (DNRM) for the conversion of term lease TL 0/222105 over land described as Lot 2 on HG804841, Parish of Petford to freehold. Should the conversion be successful, the use of the land for grazing purposes would continue. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. OFFICER'S RECOMMENDATION "That Council offer no objection to the conversion to freehold of term lease TL0/222105 over land described as Lot 2 on HG804841, Parish of Petford and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land." BACKGROUND DNRM is currently considering an application for the conversion to freehold of term lease TL0/222105 over land described as Lot 2 on HG804841, Parish of Petford. The subject land has an area of 7,170 hectares and is situated approximately 3 kilometres east of Petford. The land has extensive frontage to Burke Developmental Road and remains largely vegetated. The land contains at least one residence and numerous other buildings ancillary to its use for cattle grazing purposes. Should the conversion application be successful, it is proposed that the land continue to be used for cattle grazing purposes. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.

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LINK TO CORPORATE PLAN Nil CONSULTATION Internal Nil External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the use of the land for grazing purposes. There are no known non-indigenous cultural heritage values associated with the subject land. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter. ATTACHMENTS 1.

Department of Natural Resources and Mines letter dated 1 October 2014

Date Prepared:

2 October 2014

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ATTACHMENT 1

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ITEM-6

Wednesday 15 October 2014

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

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

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

Corporate and Community Services APPLICATION DETAILS

APPLICANT

APPLICATION GR Pedersen

ADDRESS

DATE LODGED

20 May 2014

TYPE OF APPROVAL PROPOSED DEVELOPMENT

Development Permit

FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

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

ATTACHMENTS:

RPD

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

Reconfiguring a Lot - Subdivision (1 into 3 Lots) and Access Easement

Rural zone Code Assessment n/a

1. 2. 3.

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

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

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It has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and is in conflict with provisions of the Mareeba Shire Planning Scheme Part 4 Division 14 - Rural Zone Code. The subject land is zoned rural and the proposed allotments are significantly smaller that the desired minimum reconfigured lot size of 30 hectares. The application has significant conflicts with the Mareeba Shire Planning Scheme and is likely to result in the ad hoc creation of an additional rural living allotment, without any community benefit, and instead establishing the real prospect of ongoing rural land use conflict. It is recommended that the application be refused. At its Ordinary Meeting held on 1 October 2014, Council indicated that it intended to approve the application lodged with Council on 20 May 2014 by GR Pedersen for Reconfiguring a Lot in respect of Lot 3 on SP151297, located on Mareeba - Dimbulah Road, Mareeba, and requested a report be prepared setting out appropriate conditions for approval of the application. PROPOSED CONDITIONS AS REQUESTED BY COUNCIL As requested at the 1 October 2014 meeting, a set of conditions have been prepared should Council choose to approve this application. Further to the conditions, Council is required to state the reasons for not adopting the assessment officer's recommendation. The reasons are as follows: •

Council considers that the subject land is not suitable for agricultural production, is not good quality agricultural land, and there are no incompatible land uses.

•

Mareeba Shire Council at its Special Meeting held on 29 January 2008, resolved under Schedule 1, part 1 of the Integrated Planning Act 1997 to begin the process to amend the Mareeba Shire Planning Scheme 2004 to include amongst other matters, the land on the southern side of the Mareeba - Dimbulah Road from Lot 5 on SP151297 to Lot 528 on NR6915, (including the subject land) within the Rural Residential zone.

•

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

OFFICER'S RECOMMENDATION "That Council adopt the following conditions for approval following the decision to approve the application. Conditions 1.

That in relation to the following development application:

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APPLICATION GR Pedersen

APPLICANT

Wednesday 15 October 2014

ADDRESS

DATE LODGED

20 May 2014

RPD

TYPE OF APPROVAL PROPOSED DEVELOPMENT

Development Permit

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

Reconfiguring a Lot - Subdivision (1 into 3 Lots) and Access Easement

and in accordance with the Sustainable Planning Act 2009, as amended, the applicant be notified that the application for a development permit for the development specified in (A) is: Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), concurrence agency conditions in (E), relevant period in (F), further permits in (G), and further approvals from Council listed in (H); (A)

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

(B)

APPROVED PLANS: Plan/Document Number -

(C)

Plan/Document Title -

Prepared by GR Pedersen

Dated -

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme

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

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

to ensure compliance with the following conditions of approval.

Timing of Effect 2.1

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

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General 3.1

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

3.2

3.3

3.4

The developer must relocate (in accordance with FNQROC standards) any services such as water, sewer, drainage, telecommunications and electricity that are not wholly located within the lots that are being created/serviced where required by the relevant authority, unless approved by Councilâ&#x20AC;&#x2122;s delegated officer.

3.5

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

3.6

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

3.7

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

3.8

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

3.9

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

3.10 Cessation of Extractive Industry use under Development Approval MCU/06/0050 The extractive industry use authorised under Development Approval MCU/06/0050 must permanently cease and the site be appropriately rehabilitated to the satisfaction of Council's delegated officer, prior to the endorsement of the plan of survey. Page 108

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3.11 Bushfire Management 3.11.1 Any new dwelling erected on the subject allotments shall: (i)

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

(ii) Include on-site water storage of not less than 5,000 litres, with a 50mm male camlock fire brigade fitting where necessary, to be provided at the same time the dwelling is constructed. 3.11.2 A Bushfire Management Plan will be prepared to the satisfaction of Council's delegated officer. The approved use must comply with the requirements of the Management Plan at all times. 3.12 Landslide For any new building on the proposed lots on a slope of 15% or greater, the land owner must provide Council's delegated officer with a site-specific geo-technical report prepared by a suitably qualified Registered Professional Engineer of Queensland (RPEQ) that certifies: -

The long term stability of the development site; and The development site will not be adversely affected by landslide activity originating on sloping land above the development site.

The report must be provided to Council's delegated officer prior to the issue of the development permit for building works. 3.13 Rural Addressing The applicant must pay the relevant fee per lot for provision of rural addressing at the rate identified in the Fees and Charges Schedule at the time of payment. 3.14 Charges All outstanding rates, charges and expenses pertaining to the land are to be paid in full. 4.

Infrastructure Services and Standards 4.1

Access A two coat bitumen sealed driveway must be constructed, commencing at the western end of the existing sealed access driveway within Easement B on SP151297, and continuing for the full length of Easement C on SP151297 and the full length of the proposed access easements within proposed Lots 6 and 7. The driveway will: -

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be formed with one-way crossfall to cater for stormwater drainage such that any stormwater runoff is contained within the easements or discharged to a lawful point of discharge service and utility conduits are to be provided for the full length of the sealed driveway constructed within the proposed access easements within proposed Lots 6 and 7, to the satisfaction of Council's delegated officer.

Prior to works commencing, plans for the works described above must be approved as part of an Operational Works application. 4.2

Water Supply Easement A water easement must be registered within Lots 7 and 8 (adjacent to eastern boundary) in favour of Lots 6 and 7 to provide for water supply access to Granite Creek. The easement documents must be submitted to Council's delegated officer for approval at the same time the applicant/developer seeks endorsement of the plan of survey and must be lodged and registered in the Department of Natural Resources and Mines in conjunction with the plan of survey.

4.3

Access/Services/Drainage Easement To provide for the shared access driveway mentioned in Condition 4.1, an easement must be established for the purposes of access, drainage, maintenance and servicing for Lots 6, 7 and 8 in the location identified on the approved plan. Council must be a registered party to the easement to ensure that the easement cannot be cancelled by a future land owner resulting in any of the lots becoming land locked. The easement documents must be submitted to Council's delegated officer for approval at the same time the applicant/developer seeks endorsement of the plan of survey and must be lodged and registered in the Department of Natural Resources and Mines in conjunction with the plan of survey.

4.4

Access Easement - Lot 4 on SP151297 To provide for future access purposes an 8 metre wide access easement must be established along the full length of the northern boundary (common boundary with Mareeba-Dimbulah Road) of existing Lot 3 on SP151297 in favour of Lot 4 on SP151297. The easement documents must be submitted to Council's delegated officer for approval at the same time the applicant/developer seeks endorsement of the plan of survey and must be lodged and registered in the Department of Natural Resources and Mines in conjunction with the plan of survey.

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4.5

4.6

Wednesday 15 October 2014

Stormwater Drainage (a)

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

(b)

As part of the subsequent application for Operational Works, the applicant must submit a Stormwater Management Plan and Report prepared and certified by a suitably qualified design engineer (RPEQ) that meets or exceeds the standards of design and construction set out in the Queensland Urban Drainage Manual (QUDM) and the FNQROC Development Manual, to the satisfaction of Council's delegated officer.

(c)

Through the implementation of water sensitive urban design principles, the stormwater management plan must demonstrate no net increase in the discharge rate of stormwater from the development site to any approved legal point of discharge.

(d)

The applicant/developer must construct any required stormwater drainage infrastructure in accordance with the approved Stormwater Management Plan.

(e)

(f)

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

Water Supply 4.6.1 Each lot is to be provided with a water supply. 4.6.2 Supply from a watercourse will be acceptable, provided the following can be demonstrated to the satisfaction of Council's delegated officer: -

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

4.6.3 Where a bore is to be used as a water supply, bore installation will be in accordance with the requirements of D6.07 of the FNQROC Development Manual. 4.6.4 Where a bore is to be used as water supply, it will be sited in accordance with the setback distances specified in the Queensland Plumbing and Wastewater Code.

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4.6.5 The applicant/developer must demonstrate that the water supply can satisfy the standards for drinking water set by the Australian Drinking Water Guidelines 2004 (National Health and Medical Research Council and the National Resource Management Ministerial Council). 4.7

On-Site Wastewater Management The applicant must provide a site and soil evaluation report, prepared by an accredited site and soil evaluator, demonstrating the ability of proposed Lots 6 and 7 to accommodate an on-site effluent disposal in compliance with the latest version of On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of the Council’s delegated officer.

4.8

4.9

(D)

ASSESSMENT MANAGER’S ADVICE (a)

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

(b)

(c)

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(d)

Wednesday 15 October 2014

(e)

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

(f)

conditions regarding bushfire management an approved bushfire management plan a registered easement over the subject site flood immunity At the time of dwelling construction a 22,500L rainwater tank is to be provided in accordance with the Dwelling House Code to the satisfaction of Council’s delegated officer An on-site effluent disposal system must be constructed in accordance with the approved site and soil evaluation report Department of State Development, Infrastructure and Planning conditions regarding access This land is zoned Rural under the Mareeba Shire Planning Scheme 2004 and is in a Rural zoned locality. Take note: -

The locality may be used for intensive rural uses;

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

(g)

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(E)

Wednesday 15 October 2014

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

(F)

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

(G)

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

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS •

(H)

Development Permit for Operational Works

OTHER APPROVALS REQUIRED FROM COUNCIL •

Date Prepared:

Nil '' 2 October 2014

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3561127)

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ATTACHMENT 2

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ATTACHMENT 3

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GRANTS AND CORPORATE AND COMMUNITY PLANNING ITEM-7

KURANDA COMMUNITY PRECINCT - OFFER ON SALE OF LAND - LOT 1 SP265032 CAROONA STREET KURANDA

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

REPORT OFFICER’S TITLE:

Manager Community Wellbeing

DEPARTMENT:

Corporate and Community Services

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1)(e) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (e)

contracts proposed to be made by Council.

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ITEM-8

Wednesday 15 October 2014

MAREEBA SPORTING PRECINCT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

REPORT OFFICER’S TITLE: Community Development Officer DEPARTMENT:

Development and Community Services

EXECUTIVE SUMMARY The Department of National Parks, Recreation, Sports and Racing have recently announced the "Get Playing Plus" funding program to assist with sporting infrastructure which encourages participation in sport and recreation activities. Mareeba Netball Association Inc, on behalf of the Mareeba Combined Sporting Precinct Reference Group (recently renamed the Community Bank Recreational Precinct Reference Group), plans to apply for funding to cover Stage One of their plan for the Community Bank Recreational Precinct. The total project cost is estimated at $800,000 and includes a 50% co-contribution from community groups. OFFICER'S RECOMMENDATION "That Council endorse the application for Get Playing Plus funding which will be lodged by Mareeba Netball Association Inc, on behalf of the Community Bank Recreational Precinct Reference Group, for funds to construct Stage One of the Community Bank Recreational Precinct." BACKGROUND Get Playing Plus Application The Queensland Government’s Department of National Parks, Recreation, Sport and Racing recently released its new Get Playing Plus funding program. Get Playing Plus aims to assist councils and community not-for profit sport and recreation organisations to identify, develop and deliver infrastructure projects to encourage more Queenslanders to participate in sport and recreational activity. Guidelines Get Playing Plus guidelines state that: • Eligible project proposals must be for new infrastructure or an upgrade that clearly meets current and future regional need for community sport and recreation infrastructure and increases participation in sport and recreation activities. • Additional consideration may be given to projects which are multi-purpose usage (shared and / or co-located), outdoor recreation, supporting participation of women and girls and have state or national significance. • Minimum project cost is $800,000, to include a 50% funding co-contribution for projects within the Mareeba Shire. Page 135

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• Expressions of Interest for funding proposals (Stage 1) are due in by 20 October 2014. • Successful organisations will be invited, during December 2014, to complete a full application (Stage 2). • Funding is for participation spaces only. Project Proposal The initial concept developed by the Reference Group has been amended to fit the funding guidelines. The group see this as the first step towards establishing a multi-purpose precinct which would eventually include an indoor leisure complex. This funding application will request funding to cover: • Construction of four multi-purpose flexi-pave outdoor courts • Installation of lighting on the courts • Construction of a utility shade / storage shed to service the courts • Establishment of a turf wicket on Firth Park • Construction of concrete / astro-turf practice nets on Firth Park • Construction of a utility shade / storage shed to service Firth Park • Cycle / Foot paths to provide a linkage through to the Mareeba Mountain Goats trail park ("The Goat Farm"), behind Mareeba Turf Club. The project clearly fits eligibility criteria for this funding in that: • There is exceptional evidence of need for club netball facilities in the area and strong evidence for better basketball and cricket facilities as well as cycling and footpaths (please refer below for more detail). • The proposal is genuinely multi-purpose: • the courts proposed are constructed in such a way as to allow use by a number of sporting codes as well as netball and basketball, • the cricket field will be shared with junior rugby league (and potentially others), • the cycle paths will link this sporting area to another thereby increasing connectivity and • this proposal is only part of a model for a precinct which is supported by over ten different community and supporting groups. • The project is for outdoor recreation spaces. • This stage of the overall project incorporates facilities to increase the participation of women and girls in sport as Mareeba Netball Association currently have 180 junior members (all girls) and plan to begin competitions for women also. Funding Co-Contributors This project is hallmarked by strong partnerships within the community sector. This is evidenced not only in the wide variety of clubs committed to the project (ie, attending meetings regularly, providing input and ideas) but also in their willingness to contribute financially. Commitment has been given by the following organisations to contribute towards the $400,000 co-contribution: • $250,000 Community Bank • $50,000 Mareeba Netball Association Inc. • $50,000 Mareeba Leagues Club • $5,000 Mareeba Basketball Club • $45,000 To be confirmed - representatives of three clubs are approaching their respective committees to request financial support. Mareeba Netball Association Inc and Mareeba Basketball Club have committed to applying to Council for a lowinterest / interest-free loan under Financial and In-Kind Support Program to cover the remaining amount.

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Council Responsibilities Council has agreed to contribute in-kind by way of staff expertise and assistance, for example with: • the design and layout of the project; • the preparation of grant applications, reports and submissions; and • facilitating land tenure issues with Department of Natural Resources and Mining. If funded, Council would project manage the construction phase of the project on a fee for service basis. Future Management of the Proposed Facility Council would establish a management agreement for the ongoing maintenance and management of the facility. Key user groups (ie, netball, basketball and cricket) have agreed to cover costs incurred (including electricity, grounds maintenance and water) that are over and above the existing maintenance costs covered by Council. Historical Information As a result of community engagement and planning conducted earlier, 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 precinct and concept proposal for the precinct was agreed to in late 2013 which incorporates Davies, Firth and Eales Parks and provided the following facilities: • four flexi-pave multi-purpose 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 and • multi-use indoor sports complex to include two basketball / netball courts, kitchen facilities, showers / toilets / change rooms, storage facilities, office / meeting space and seating. 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. 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). Page 137

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In April 2014, the Mareeba and Dimbulah Community Bank showed overwhelming support for the project when it pledged to provide one 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 and would begin as soon as possible after funding becomes available. The proposal fits well with Council's Sport & Recreation Strategy which stipulates a preference for multi-purpose sports facilities over sole use complexes. Evidence of Need 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. The flooring of the PCYC Gymnasium is also an issue as it is too thin to allow further sanding. 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. The proposed foot and cycle paths would provide access between the Community Bank Recreational Precinct and the proposed Mareeba Mountain Goats facility and meet a need for safe connectivity between sporting groups. These paths would mean cyclists could travel from town, out to the Mountain Goats' tracks and back again without having to travel along major roads. Page 138

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Establishment of an additional cricket field (which would be used by both seniors and juniors) as well as a turf wicket at Firth Park will allow the Cricket Club to expand their options for training and competition. The Cricket Club has advised that three games were moved from Cairns to Mareeba last year due to rain in Cairns and that this trend would increase if an additional field was available. The extra field also allows for the possibility of holding regional events on the Tablelands - for example, a regional event might require between four and five fields and could be shared between Mareeba and Atherton. Benefits for Mareeba Shire 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 â&#x20AC;&#x2DC;place of refugeâ&#x20AC;&#x2122; 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

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venue on the Tablelands for small conferences or other events that require large indoor areas. LINK TO CORPORATE PLAN COM 2 - Conduct an analysis of current community facilities and develop a Shire wide community facilities plan to guide the assessment of maintenance programmes, possible capital upgrades of existing facilities and community requests for new facilities and ensure equity of access. COM 3 - Encourage the building of strong partnerships with community, private sector and government so as to build community capacity and develop strategies to encourage and support leadership and self-responsibility in the community. CONSULTATION Internal Cr Nipper Brown Cr Allan Holmes Manager Community Wellbeing Senior Land and Facilities Officer Senior Engagement Officer Manager Infrastructure Services Coordinator Technical Services Project Manager Civil Senior Planner 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 Connie Martens, Mareeba Netball Club Alex Srhoj, Mareeba United Football Club Michelle Bombardieri, Mareeba and District Cricket Club Andrew Ford, 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 LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil Page 140

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POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital $20,000 - to cover in-kind contributions of staff expertise and assistance, for example, around the design and layout and in the preparation of grant reports and submissions. As per council resolution of 7 May 2014. Operating Nil Is the expenditure noted above included in the 2014/2015 budget? No, it is included in the 2014/15 budget review IMPLEMENTATION/COMMUNICATION 1) 2)

Letter of support to be provided for attachment to the funding application. Press releases as appropriate.

ATTACHMENTS 1. Mareeba Combined Sporting Precinct Concept March 14 - ECM # 3600223 Date Prepared:

7 October 2014

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Attachment 1

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ITEM-9

Wednesday 15 October 2014

PROPOSED NEW ARRANGEMENTS FOR LAND AND FACILITIES SERVICES

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

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

Manager Community Wellbeing

DEPARTMENT:

Corporate and Community Services

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1) (c) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (c)

Council's budget.

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COMMUNITY WELLBEING ITEM-10

AGED PERSONS HOUSING NATIONAL REGISTRATION SYSTEM

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

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

Corporate and Community Services

EXECUTIVE SUMMARY In Queensland, community housing providers including local government currently registered under the Housing Act 2003 and funded to deliver social housing, need to apply for registration under the National Regulatory System for Community Housing (NRSCH) by 31 December 2014, to ensure their funding relationship with the department continues. Mareeba Shire Council is a community housing provider and is subject to this registration requirement as government funding has been used to construct or upgrade 84 of its portfolio of 108 aged person's properties. This means the Department of Housing and Public Works and Mareeba Shire Council have shared interests in these 84 properties. This registration process does not apply to the other 24 properties for which Council is the sole owner. Council needs to decide now whether or not it wishes to apply to become a registered community housing provider, which essentially involves successfully completing an accreditation process. If Council decides to complete the registration process, further decisions regarding other options can be made at a later date at its own convenience, including handing over the management and/or assets to another registered community housing provider. However, if the decision is to not register, Council has to end its funding relationship with the department by 31 December 2014 and there are three options open to Council: 1. Pay the department the contingent liability and retain the property 2. Pay the department the contingent liability and sell the property to a third party 3. Hand back the properties to the department OFFICER'S RECOMMENDATION "That Council becomes a registered provider under the National Regulatory System for Community Housing and continues to deliver the aged persons social housing service."

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BACKGROUND The National Regulatory System for Community Housing is the new national system of registration, monitoring and regulation of community housing that came into effect on 1 January 2014. The NRSCH creates a consistent legislative environment across all participating states and territories. The latest schedule for assessing registration applications is as follows: 1 October 2014 - commencement of registration process 12 November 2014 - complete and submit a registration application The whole registration process to assess applications takes approximately four months. Completed application to be lodged by 31 December 2014. Councils need to make decisions as to what their intentions are regarding future service delivery. These decisions need to take into account the immediate need to prepare for registration to the new state-based system, conditions / specifications for registration, viability of council to be delivering this service and long-term community need. Currently council has a number of varying agreements with the Department of Housing and Public Works. Most properties have a mortgage over them with Council's equity in each property varying depending on the amount of funding received from the department for construction or for improvements over the years and the financial contribution from council. All but one of the properties are built on state land reserved for council. There are 24 properties with no funding agreements with the Department of Housing and Public Works and these are able to be managed solely on council terms and not in accordance with the Queensland Government's community housing policies. Council has five options: (further details and facts of these options are outlined in Attachments I - 4) 1. Become a registered provider and continue service Council will need to meet the governance requirements and Register under NRSCH by 31 December 2014. Training for councils who will be registering commences in September 2014 and commencement of the registration process is October 2014. 2. Handover management to another organisation Council may choose to engage the services of another registered housing provider in the region to perform tenancy and property management services. As the legal entity of the properties, Council would still be responsible for ensuring the properties are managed compliant with the Housing Act 2003 and the Housing Regulation 2003 and Council would be required to become a registered provider. 3. Pay the department the contingent liability and retain the property Council may pay out the department its contingent liability in the housing properties and have the mortgages released. This will enable Council to retain the properties for its own use. Property valuations will be conducted by an independent registered property valuer at Council's expense. 4. Pay the department the contingent liability and sell the property Council may choose to sell the properties to the current tenant or a third party, pay out the contingent liability and have the mortgages released. This will enable Council to retain properties for its own use. Independent property valuations will need to be conducted by a registered valuer at Council's expense.

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5. Hand back the properties to the department Council may wish to hand the properties back to the department, releasing Council from all obligations in the Agreement. The department would then determine the future of the properties. It is important to note that this is a revenue neutral option, as no money changes hands. It is also an option that is open to Council in the longer term as well if it chooses to register and continue the service. Informed decisions by Council regarding these options require consideration of further information which is not presently available. If Council becomes registered, this information can be gathered and used to inform decisions about the future of the aged person's housing service. The required information includes: • Financial sustainability of the program • Equity MSC has in the current properties • Pay out figures to the department • Options for transferring housing assets to another registered housing provider • Business Case for Aged Persons Community Housing LINK TO CORPORATE PLAN Goal: Community Communities across the area share a sense of common identity whilst retaining local diversity, and enjoy equitable access to services and facilities based on effective partnerships CONSULTATION Internal Manager Community Wellbeing External Department of housing and Public Works Q Shelter LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION Nil

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ATTACHMENTS 1. 2. 3. 4.

LGAQ Community Housing Information Booklet - ECM#3002821 Department of Housing and Public Works -Fact sheet one - ECM#3002821 Department of Housing and public Works - Fact sheet two - ECM#3002821 Department of Housing and Public Works - Fact sheet three - ECM#3003821

Date Prepared: 3 October 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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FINANCE ITEM-11

WRITE OFF CALCIFER PROPERTIES OVERDUE RATES

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Financial Accountant DEPARTMENT:

Corporate Services

EXECUTIVE SUMMARY The purpose of this report is to request Council to approve the write off of overdue rates on all Calcifier properties that have been outstanding since October 2008. OFFICER'S RECOMMENDATION "That Council approve the write off overdue rates outstanding as at 15 October 2014 of $246,754.00 for all Calcifier properties as Council has now acquired these lots". BACKGROUND Calcifer has been uninhabited for many years. The registered owners of these land parcels are all deceased and the land is considered to have only nominal value. At an Ordinary Council meeting held on the 5 February 2008, it was resolved that Council restore the vacant lots located at the township of Calcifier to the rates register. As a consequence, since September 2008, all Calcifier properties were levied rates and no payments have been received to date. Following further direction from Council, an acquisition of 36 parcels of land was completed in November 2013 within the former mining township of Calcifer in accordance with Section 151 of the Local Government Regulation 2012. The purpose of this acquisition was to enable Council to discharge the overdue rates and remove these land parcels from Councilâ&#x20AC;&#x2122;s land record. Further to the Workshop with Council on 17 September 2014, Council's formal decision is now required to finalise this process. A list of properties and the outstanding rate arrears is attached for Council's reference.

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LINK TO CORPORATE PLAN GOV1: Develop and achievable long term financial plan that underpins Council's long-term financial sustainability. CONSULTATION Internal Manager Finance Revenue Control Officer External Mal Skipworth – Preston Law LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Council is now exempt from charging general rates on these properties as they are Councilowned as per s.93 (3) (g) of the Local Government Act 2009. POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Council’s bad debt expense account will increase by $246,754.00 which will reduce Council’s overall net result for the period ending 30 June 2015. Is the expenditure noted above included in the 2014/2015 budget? No IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1.

List of each acquired Calcifier Property and the overdue rate debt as at 15 October 2014.

Date Prepared:

29.09.2014

ATTACHMENT Property No

Legal Description

Property Address

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Outstanding Amount

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14669

Lot 101 C 4821 Lot 102 C 4821

Unnamed Road CALCIFER QLD 4872

7,621.30

14670

Lot 103 C 4821

Unnamed Road CALCIFER QLD 4872

7,507.75

14671

Lot 104 C 4821 Lot 117 C 4821

Unnamed Road CALCIFER QLD 4872

7,621.30

14672

Lot 106 C 4821 Lot 115 C 4821

Unnamed Road CALCIFER QLD 4872

7,621.30

14673

Lot 107 C 4821 Lot 108 C 4821

Unnamed Road CALCIFER QLD 4872

7,621.30

14674

Lot 109 C 4821 Lot 110 C 4821

Unnamed Road CALCIFER QLD 4872

7,621.30

14675

Lot 111 C 4821

Unnamed Road CALCIFER QLD 4872

7,507.75

14676

Lot 112 C 4821 Lot 113 C 4821

Unnamed Road CALCIFER QLD 4872

7,621.30

14677

Lot 114 C 4821

Unnamed Road CALCIFER QLD 4872

7,507.75

14678

Lot 118 C 4821

Unnamed Road CALCIFER QLD 4872

7,507.75

14680

Lot 201 C 4821 Lot 220 C 4821

Unnamed Road CALCIFER QLD 4872

7,621.30

14681

Lot 204 C 4821 Lot 205 C 4821

Unnamed Road CALCIFER QLD 4872

7,621.30

14682

Lot 207 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14683

Lot 208 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14684

Lot 209 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14685

Lot 210 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14686

Lot 211 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14687

Lot 212 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14688

Lot 213 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14690

Lot 217 C 4821 Lot 218 C 4821 Lot 219 C 4821

Unnamed Road CALCIFER QLD 4872

9,844.05

14691

Lot 301 C 4821 Lot 302 C 4821

Unnamed Road CALCIFER QLD 4872

6,729.55

14692

Lot 303 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14693

Lot 305 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14694

Lot 306 C 4821 Lot 307 C 4821

Unnamed Road CALCIFER QLD 4872

6,729.55

14695

Lot 308 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14696

Lot 309 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14697

Lot 310 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14698

Lot 311 C 4821 Lot 312 C 4821

Unnamed Road CALCIFER QLD 4872

6,729.55

14699

Lot 313 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14700

Lot 314 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14701

Lot 315 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14702

Lot 317 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14703

Lot 318 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

14704

Lot 319 C 4821

Unnamed Road CALCIFER QLD 4872

6,616.00

21711

Lot 214 C 4821

Unnamed Road CALCIFER QLD 4872

6,620.20

39649

Lot 119 C 4821

Unnamed Road CALCIFER QLD 4872

11.70

246,754.00

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ITEM-12

Wednesday 15 October 2014

FINANCIAL STATEMENTS FOR THE PERIOD ENDING 30 SEPTEMBER 2014

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

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

Manager Finance

DEPARTMENT:

Corporate Services

EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overview of financial matters for the period 1 July 2014 to 30 September 2014. OFFICER'S RECOMMENDATION "That Council note the financial report for the period ending 30 September 2014." BACKGROUND Financial Summary Each month, year to date financial statements are prepared in order to monitor actual performance against budgets. For the period ending 30 September 2014, Council shows an operational surplus of $5,738,784 compared to a budgeted YTD surplus of $6,646,958. As only three months have passed, there are no major issues to discuss or areas of concern at this stage. A 3 month review budget review is currently underway and will be presented to Council in November. One-off de-amalgamation costs are not yet finalised but for the purpose of this report are excluded. These costs are funded from the Queensland Treasury Corporation Working Capital Facility which has a repayment term of twelve months (31 December 2014). It should be noted that Council's cash position is currently $20,352,266 and this represents an initial transfer of $17,000,000 from TRC. A final cash transfer (including interest) will take place on finalisation of the 31 December 2013 financial statements and will be based on the methodology provided in the Crowe Horwath report. This has now been referred to the Minister for final determination as TRC refused to accept the independent assessors report to the Transfer Committee.

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September 2014 - Snapshot Total Operating Income Total Operating Expenditure Operating Surplus Total Capital Income (grants, developer contributions)

$ $ $ $

16,848,169 11,109,385 5,738,784 363,520

Net Result - Surplus

6,102,304

Capital Expenditure Total capital expenditure of $5,578,379 (including commitments) has been spent in September. $2,965,005 relates to finishing off 2013/14 capital projects. Any unspent budgets relating to capital projects that were not completed during 2013/14 will be carried forward into this financial year. Income Analysis Total income (including capital income of $363,520) for the period ending 30 September 2014 is $16,848,169 compared to a YTD budget of $18,627,687. The graph below shows actual income against budget for the period ending 30 September 2014.

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Description Net Rates & Utility Charges Fees & Charges Operating Grants, Subsidies & Contributions Interest Received Works for Third Parties Other Revenue Capital Income

Actual YTD

Wednesday 15 October 2014

Budget YTD

Note

12,329,699 453,025

12,457,448 240,088

2,237,292 136,437 919,690 772,026 360,770

2,151,868 145,077 2,708,842 923,464 900

2 3 4

Variances to note are: 1. $116k of actual income relates to animal registrations and licence renewals, which all belong in July 2014, however the budget has been apportioned equally across 12 months. Also contributing to the favourable variance is actual income from Cemeteries ($23k), Building and Plumbing application fees ($25k) and Planning application fees ($25k) which were higher than anticipated. 2. The September RMPC claim is to be lodged in mid-October and is expected to be around $249k. The Burke Developmental Road gravel re-sheet project was originally approved for $5.1M. A reduced scope of works approved by the Queensland Reconstruction Authority (QRA) has meant the project now has a value of $2.7M. The project commenced in August and a first claim of approximately $580K will be lodged in October. The Mt Mulligan Hwy DTMR project is yet to be commenced. Restoration works have been sent by the department to QRA for approval and it is expected to be provided to Council late October for pricing. The September invoice for SITA waste levy and weighbridge charges, was raised in October for $179k. 4. $260k relates to developer contributions. Capital grants of $84k relates to the construction of the pump station at Ibis Dam ($54k) and the Mareeba Sewerage Treatment Plant upgrade ($30k).

Expenditure Analysis Total expenses for the period ending 30 September 2014 are $11,109,385 which is lower than the YTD budget of $11,979,829. The graph below shows September 2014 actual expenditure compared to budget.

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Description Employee expenses Materials & Services Depreciation expenses Finance & Borrowing costs

Actual YTD 3,694,636 5,207,236 2,158,063 49,450

Wednesday 15 October 2014

Budget YTD

Note

3,991,189 5,784,086 2,162,525 42,029

Variances to note are: 1. Aligned with the actual income being lower than budget, expenditure items relating to MRD works is also lower due to the late commencement of jobs.

Loan Borrowings Council's loan balances as at 30 August 2014 are as follows:

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QTC Loans De-amalgamation working capital facility

Wednesday 15 October 2014

$2,105,899 $5,035,752 (pending adjustments)

Rates and Sundry Debtors Analysis Rates and Charges The total rates and charges payable as at 30 September is $3,192,657. Rates were levied on 18 August for the six months July to December 2014, with the discount period closing on 18 September 2014. Total Gross Rates and Charges levied for the 6 month period was $13,085,505. On 25 September, 1478 first reminder notices were issued for a total value of $2,912,690. Collection House collected $83,303 for the month of August. The outstanding amount for properties currently with debt collection is $693,210.

Sundry Debtors The total outstanding for Sundry Debtors as at 30 September is $2,060,114 which is made up of the following: Current $400,854

30 days $942,472

60 days $322,482

90 + days $394,306

19%

46%

16%

19%

$1,446,318 or 87% of outstanding debtors 30 days or greater relate to government departments. LINK TO CORPORATE PLAN GOV 1: Develop and achievable long term financial plan that underpins Council's long-term financial sustainability. CONSULTATION Internal Director Corporate Services External Nil

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LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Section 204 of the Local Government Regulation 2012 requires the financial report to be presented to local governmentâ&#x20AC;Śif the local government holds its ordinary meetings more frequently (than once per month) - to a meeting in each month. POLICY IMPLICATIONS Information has been provided to achieve compliance with Council's Procurement Policy. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1. Financial Statements - September 2014 (DWS#3003427) Date Prepared:

7/10/2014

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GOVERNANCE AND COMPLIANCE ITEM-13

REQUEST TO WAIVER FEES FROM LIVING WATERS CHRISTIAN CHURCHES MAREEBA

DOCUMENT INFORMATION

MEETING:

General Meeting of Council

MEETING DATE:

15 October 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Coordinator Environmental Health & Local Laws DEPARTMENT:

Development & Governance

EXECUTIVE SUMMARY The purpose of this report is to present Council with an Application by Living Waters Christian Church to waive fees for a Permit to Discharge Trade Waste into the Sewerage System as well as the waiver of application fees relating to the establishment of a new food business. OFFICER'S RECOMMENDATION "That in relation to the request by the Mareeba Living Waters Church for Council to waive the application fees relating to the establishment of a new food business and the fee for a permit to discharge trade waste into the sewerage system, Council agree to: 1. Waive the design and fit out fee of $270 for the commercial kitchen and the initial application fee of $570 for a food licence; 2. Not waive the fee of $117 for a permit to discharge trade waste into the sewerage system; 3. Inform the Church that they will be required to pay the annual application fee (currently $285) for renewal of their food licence and the annual trade waste permit fee." BACKGROUND Mareeba Living Waters Christian Church operates a commercial kitchen which is used to prepare food for the needy. The kitchen may also be used by others as the facility is available for hire. The Church also advises that they will soon be operating a mobile soup kitchen. The initial fees for food licencing include; Design and fit out fee of $270, Application for a food licence $570; there will also be an annual renewal fee applicable in June each year. Therefore, to obtain the food business licence initially would be a total of $840. The Trade Waste fee applicable to this business is currently $117 per annum. Living Waters Christian Church is seeking the waiver of $957 in fees on this occasion. Living Waters received $2000 from Council's Financial and In Kind Support Program in June this year to purchase a new freezer. It also needs to be noted that there are additional avenues available for this organisation to obtain funding, such as the Mareeba

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Homelessness Reference Group and the Street to Home Program which provide assistance for people who are homeless. LINK TO CORPORATE PLAN COM 3 - Encourage the building of strong partnerships with community, private sector and government so as to build community capacity and develop strategies to encourage and support leadership and self-responsibility in the community. GOV 1 - Develop an achievable long term financial plan that underpins Council's long-term financial sustainability. GOV 3 - Undertake a whole of council service level review to establish sustainable operational costs across core local government business and consult with communities. ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community CONSULTATION Internal Community Development Officer External NIL POLICY IMPLICATIONS NIL FINANCIAL & RESOURCE IMPLICATIONS Operating This income, if received, would be allocated to the operational budgets operated by Environmental Health & Water and Wastewater Sections in the amounts of $840 and $117 respectively. ATTACHMENTS Nil Date Prepared:

19 September 2014

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ITEM-14

DEVELOPMENT REPORT

AND

Wednesday 15 October 2014

GOVERNANCE

QUARTERLY

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

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

Corporate and Community Services

EXECUTIVE SUMMARY This report presents the key activities and achievements of the Development and Governance Group for the July - September 2014 quarter. OFFICER'S RECOMMENDATION "That Council receive and note the quarterly report of the Development and Governance Group for July to September 2014." BACKGROUND The Development and Governance Group is comprised of the following Council service areas:    

Governance and Compliance Building and Plumbing Regional Land Use Planning Local Laws and Environmental Health

Highlights and Significant Issues Nil

Governance and Compliance Main issues dealt with by the Governance and Compliance section during the quarter were as follows: • •

•

Finalisation of the draft Corporate Plan for the 5 year period 2014-2019 and its subsequent adoption at the meeting held on 3 September 2014. Preparation of the draft Annual Report for the 2013/14 financial year. At this stage, most of the information for the report has been obtained and completion of the report is awaiting finalisation of the annual audit and sign off of the annual financial statements by the Auditor-General. Provision of assistance to the CEO with respect to de-amalgamation issues. No decision has been received as yet from the Minister in relation to the split of the Financial Assistance Grant between the two Councils. TRC did not accept the final independent Page 179

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• •

•

Wednesday 15 October 2014

report prepared by Crowe Horwath in relation to the split of the final cash balance and so this matter has also been referred to the Minister. The final Transfer Committee meeting was held on 26 September 2014. Total de-amalgamation costs incurred to that date amount to $5,040,133, however, interest is accruing monthly on the QTC Loan Facility and, depending on when the funds are repaid to QTC, further interest of around $100,000 could accrue. Participation in the Workforce Efficiency Project (Service Level Review) and subsequent responses to issues raised that relate to the Development & Governance section. Provision of assistance to the Insurance Officer with respect to the handling of insurance claims and issues. Further follow up in relation to drainage issues on Anzac Avenue, Mareeba and the claim made against Council for damage to a residence by stormwater infiltration. At this stage, information has been made available to the claimant's Solicitor and a "without prejudice" meeting is to be held with the claimant and her Solicitor in due course to discuss options for resolving the drainage issue. Advice was provided to Council in relation to public liability insurance issues associated with the conduct of annual major events. Follow up in relation to the assessment reports prepared by GHD on potential places of refuge within the Mareeba Shire (Living Waters Church and Koah Hall). Estimates of cost are presently being obtained for the works required to bring both buildings up to a two star rating (Next Best Place of Refuge) and a report on this matter will be submitted to Council in the near future.

Complaints Management The Governance and Compliance section has primary responsibility for collating, researching, consulting and managing the complaints process within Council. A review is being undertaken of Council’s Complaints Management Policy to ascertain whether it is correct in its structure and terminology and reflective of Council’s commitment to respond to complaints in an appropriate and timely manner. Details of complaints processed during the quarter ending 30 September 2014 are displayed in the table below: Complaints carried over from previous period (April to June 2014) Complaints lodged during reporting period (July to September 2014) Complaints finalised during reporting period (July to September 2014) Complaints still in process (not finalised) during reporting period (July to September 2014)

Other matters which have been either finalised or currently in process for the period are: •

Review of Expressions of Interest for role of independent Chairperson of Council's Audit Committee. Responses to all submitters to EOI and preparation of Terms of Engagement for successful submitter.

•

Review of Quotations for supply of organisational stationery requirements.

•

Co-ordination of various versions of business cards for staff, creation of artwork, proofing and finalisation of artwork for onforwarding to printers.

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â&#x20AC;˘

Participation in extensive training provided by Queensland Ombudsman to deal with handling, process and dealing with complaints received by Council.

â&#x20AC;˘

Interviews with Council staff and external complainants including the undertaking of investigative processes in dealing with internal review and complaints management processes within Council.

Building and Plumbing Building Approvals A total of 113 buildings approvals were issued for the quarter comprising 85 Council approvals and 27 Private Certification. The total value of all building approvals was $14,587,748. Average process time for Council approvals was 3 days. Show Cause Notices One Enforcement Notice and 11 Show Cause Notices were issued for the quarter. The Enforcement Notice related to an unfenced swimming pool. The 11 Show Cause Notices were largely related to lapsed applications and structures erected without building approval.

Construction Industry Summary: Approvals The local industry has seen a rise in activity with the average number of building approvals increasing to 37 per month (a 33% increase on the previous two quarter's figures). Conversely, this quarter's growth is shadowing the trend set last year which also saw a rise in activity in the same period. Dwellings Dwelling approvals have spiked in this quarter, with 50 approvals in total. Furthermore, the month of September was the best in three years for the region, with 22 dwelling approvals. These building statistics reflect greater than average dwelling construction in the Mareeba Township. Additionally, the dwelling activity has been fuelled by two four unit type development approvals in Mareeba and one in Kuranda. Value of Approval The total value of building approvals for the July-September quarter shows an increase of approximately $3.5 M compared to the previous two quarters and $5.4 M compared to the same quarter in 2013.This is likely due to a greater than average number of dwelling constructions which has also increased the average value of a building approvals to around $130 K.

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Regional Land Use Planning New Development Applications Twenty three development applications were lodged in the September quarter 2014 compared to thirteen lodged in the September quarter 2013. Development Applications received/approved during quarter: New Development Applications lodged

Decision Notices issued under delegated authority

Negotiated Decision Notices issued under delegated authority

Nil

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

Nil

Planning Appeals and other Court proceedings

Nil

Local Laws and Environmental Health Environmental Health The Environmental Health section responded to a total of 95 enquiries, complaints and service requests for the quarter relating to the following matters: Food Business Enquiry General Service Requests Health Nuisances (air, water, noise) Local Laws (Environmental Health) Public Health Food Complaint Environmental Management

30 12 7 27 2 11 4 2

Notices Issued, Inspections Carried Out, Applications Processed Environmental Health Licensed premises inspected New Food applications Compliance Notice

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Local Laws Penalty Infringement Notices Issued Warning Letters issued Compliance Notices issued

159 34 81

Local Laws Local Laws Officers dealt with a total of 469 complaints and enquiries during the quarter relating to the following matters Animals enquiries - Dangerous dogs, noise, stray, traps, too many, General Enquiries Abandoned vehicles, Illegal Signs, Illegal Camping Overgrown allotments, roads Nuisances (backyard burning) Parking Temporary Entertainment Event Commercial Use of roads, parks enquiries Animal Cruelty Illegal Camping Illegal signs

333 41 32 7 5 22 1 6 3 16 3

Impoundments A total of 111 animals were impounded: Cats Dogs

42 69

2.3% of impounded cats were claimed by their owners 19.2% of impounded cats were handed over to FOTA 78.5% of impounded cats were euthanized 39% of impounded dogs were claimed by their owners 11% of impounded dogs were handed over to FOTA 39% of impounded dogs were euthanized LINK TO CORPORATE PLAN GOV 5 - Conduct a work management systems and procedures review to develop an efficient organisation supported by cost effective work practices and systems ENV 2 - Maintain a proactive response to public health and safety matters including incorporating CPTED principles in town centres and commercial developments ENV 3 - Appropriate consideration is given to planning and development controls, design guidelines, traditional ownership and sustainable development principles when making planning decisions

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CONSULTATION Senior Planner Senior Building & Plumbing Officer Coordinator Environmental Health & Local Laws Governance & Compliance Adviser 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. ATTACHMENTS Nil Date Prepared:

07 October 2014

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INFRASTRUCTURE SERVICES WATER & WASTE ITEM-15

TENDER EVALUATION TMSC2014-23 DESIGN AND CONSTRUCTION OF RESERVOIR IN KURANDA

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

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

Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY Tenders have been invited for the design and construction of a reservoir in Kuranda to provide an adequate water supply to the residents of Kuranda area allowing Council to meet its regulatory responsibilities. Council are requested to give consideration to approving the awarding of the tender to fgf Developments as the least risk option as selected by Council officers. This report provides an evaluation of the tenders received. OFFICER'S RECOMMENDATION "That Council: 1.

accept the offer from fgf Developments for the Contract TMSC2014-23 Design and Construction of a Reservoir for the lump sum of $954,347.00 (exclusive of GST); and

approve the transfer of $199,781.70 from the Water Reserve to the Capital Works."

BACKGROUND Council has previously engaged Aurecon Consulting Engineering to undertake an assessment of the water storage requirements throughout Mareeba Shire. This assessment identified the need for additional water storage reservoirs at Kuranda - Myola Road - Warril Drive - Mason Road, Mount Molloy and Chillagoe. The assessment identified the need for two new one (1) mega litre reservoirs at Myola Road to meet current and future water storage requirements in order to achieve required storage and fire reserves. The assessment recommended that the Kuranda reservoirs be constructed in a staged approach with the first of the new reservoirs to be constructed during the 2014/2015 financial year. The new reservoir will allow Council to meet its legislative and safety requirements under the "Water Act 2000" and the "Water Supply (Safety Reliability) Act 2008".

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Council, at the capital budget workshops, approved $850,000 towards the initial upgraded reservoir for Kuranda. Contract TMS2014-23 - Design and Construction of Water Reservoir at Kuranda Contract TMS2014-23 is for the design and construction of a one (1) megalitre reservoir adjacent the existing reservoir at Myola Road Kuranda. It was determined that the design and construct method of delivery was optimal for this project due to its simplicity and previous success in delivering infrastructure under such a model e.g Dimbulah Water reservoir.

Tenders Received At the nominated closing time, tenders from the following firms had been received. Submission From W.I.P. Qld Ltd (Cairns)

Amount $1,003,010.00

Additional Information Excl GST

Coffeys EMS

$956.370.00

Excl GST

Coolgara Contracting Pty Ltd (Evelyn)

$742,092.22

Excl GST

fgf Developments (Mareeba/Cairns)

$954,347.00

Excl GST

Mager Constructions Pty Ltd (Cairns)

$977,438.76

Excl GST

The lowest tenderer, Coolgarra Contracting Pty Ltd, advised in its tender submission that it had recently undertaken works of a similar nature to the proposed Kuranda Reservoir for Cairns Regional Council and various indigenous communities. A check with Cairns Regional Council and the nominated consultant (Aecom) for the indigenous communities, has shown that Coolgarra Contracting Pty Ltd has not in fact undertaken similar works under that name. An employee of Coolgarra Contracting Pty Ltd was engaged on the Cairns Regional Council projects, however as a tendering entity, Coolgarra Contracting Pty Ltd has not demonstrated experience with constructing water retaining reservoirs. The second lowest tenderer, fgf Developments, propose to utilise GHD as its design consultant with CivForm undertaken the actual reservoir (concrete) construction. GHD and CivForm have previously successfully completed the Dimbulah water reservoir for Council. The third lowest tenderer is a Brisbane based contractor that has undertaken pump station work and is currently engaged on a water treatment contract for Richmond Shire Council. Assessment Criteria Tenders were assessed based on the following criteria: Relevant experience Key personnel Resources Demonstrated understanding Price

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When assessed under the qualitative criteria above (excluding price) the following results (out of 10) were achieved: fgf Developments Coffeys Mager Constructions Coolgarra Contracting WIP Qld

9 6 5 4.95 4.7

When the tenders were assessed on all the criteria above, (including price) the following were the results (out of 10): fgf Developments Coffeys Coolgarra Contracting Mager Constructions WIP Qld

8.6 5.9 5.11 4.9 4.7

The tender evaluation reflects the lack of actual experience in reservoir construction by the lowest tender, Coolgarra Contracting Pty Ltd, (even though a significant score was attributable to the key personnel section of this tenderers' score, due to the experience of the nominated foreman) and the associated risks should this tenderer be accepted to undertake the works. Should Council agree with the appointment of fgf Developments as the contractor for this contract, it will be necessary that Council approve an additional $199,781.70 (Excl GST) from the Water Reserves along with the approved Capital Budgeted amount of $850,000 to enable this project to proceed. LINK TO CORPORATE PLAN ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community. CONSULTATION Internal Director Infrastructure Services Engineer Water and Waste Supervisor Water Reticulation Technical Services External Auercon Consulting Engineering Cairns Regional Council LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Queensland Fire and Rescue Fire Fighting Standards - 20 litres per second with 20 metres head pressure. Page 193

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Water Supply (Safety and Reliability) Act 2008 POLICY IMPLICATIONS Public Relation Implications: Ensuring adequate infrastructure to meet statutory obligations will result in a minimisation of risk of complaints from the public about lack of water. Council will be better able to demonstrate its service to the community. FINANCIAL & RESOURCE IMPLICATIONS Capital Yes, approved Budgeted Capital Works of $850,000 Operating It is anticipated there will be a slight increase in operational costs effective from July 2014 Is the expenditure noted above included in the 2014/2015 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION Consultation with Kuranda district residents. ATTACHMENTS 1.

Summary of Tenders.

Date Prepared:

23 September 2014

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ITEM-16

Wednesday 15 October 2014

MAREEBA WASTEWATER TREATMENT PLANT TRANSITIONAL ENVIRONMENTAL PROGRAM DEPARTMENT OF ENVIRONMENT AND HERITAGE PROTECTION

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

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

Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY As previously advised, Mareeba Shire Council (Council) entered into the voluntary Transitional Environmental Program process as provided for by the Environmental Protection Act 1994 for the Mareeba Wastewater Treatment Plant (WWTP). The process was entered into based on legal advice, and affords executive liability protection and a timeframe to transition to an environmental standard. For Council this standard is the Environmental Authority that authorises Council to operate its sewage treatment plant. As part of this process, Council is required to submit for approval a draft Transitional Environmental Program to the Department of Environment and Heritage Protection. It is essential that Council is aware and commit to the detail of this draft TEP as there are significant actions and financial commitments to be realised over the duration of the program. There are significant penalties associated with noncompliance with an approved TEP. OFFICER'S RECOMMENDATION "That Council adopt the Mareeba Wastewater Treatment Plant Draft Transitional Environmental Program (Draft TEP) to be submitted to the Queensland Department of Environment and Heritage Protection (DEHP)." BACKGROUND Council developed a new way forward to achieve its objective in improving its wastewater treatment process and environmental performance. Council intends to refurbish the existing STP to achieve and exceed the conditions of the current Environmental Authority. The refurbishment shall have a hydraulic capacity for 12500EP which will provide Council with suitable wastewater treatment infrastructure until approximately 2030. The refurbishment will also provide opportunities for Council to add process technology to improve effluent quality as future standards tighten. It is anticipated that the new scope of works could cost approximately $15M. Council obtained legal advice that this proposal will meet the Department of Environment and Heritage Protection's (DEHP) requirements as opposed to the construction of the previously proposed new WWTP.

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The implementation of the new way forward was contingent on the submission of a Program Notice as provided for by the Environmental Protection Act 1994. A program notice affords a licence holder. The benefits of giving a program notice to EHP include: (a) the actual giving of the program notice, the program notice and any documents submitted with it are not admissible in evidence against the person (i.e. Council and relevant executive officers) in a prosecution for the original offence; and (b) once DEHP has received the program notice, Council cannot be prosecuted for a continuation (if relevant) of the original offence that happens after DEHP receives the notice On 24 July 2014, a Program Notice application was lodged with DEHP on behalf of Council. On 01 August 2014 Council received a Receipt of Program Notice that required Council to prepare a Draft Transitional Environmental Management Program (draft TEP) and submit it to the DEHP for approval by 24 October 2014. The Draft TEP outlines the objectives, actions, milestones and reporting dates to transition to compliance with the existing Environmental Authority. It details the process of engaging a suitably qualified person to prepare process treatment design, geotechnical assessment and civil engineering construction plans, financial modelling, construction and defects liability period. The Draft TEP contains the following performance indicators, milestones and reporting dates: Performance Indicators Completion of process design brief, geotechnical and construction plans. Completion of financial modelling for remainder of works. Completion of EIMP design. Completion of packaged Inlet works documentation. Implementation of EIMP

Date 27 April 2015

Responsibility Director Infrastructure Services

DEHP Report Date April 2015

27 April 2015

Director Infrastructure Services

April 2015

27 March 2015

Director Infrastructure Services Director Infrastructure Services Director Infrastructure Services Director Infrastructure Services Director Infrastructure Services Director Infrastructure Services Director Infrastructure Services Director Infrastructure Services

April 2015

30 June 2015 01 July 2015

Tender and start construction Construction

30 August 2016

Completion Construction

December 2016

Operation and start verification testing End of defects liability & verification testing

January 2016 December 2017

September 2015 September 2015 September 2015 March, Sept, Dec 2016 December 2016 March 2017 December 2017

Table 1: Draft TEP performance indicators, milestones, responsibilities and reporting dates. Once approved, the TEP forms a statutory binding contract with the State. However, it is important to understand that application may be made at any time during the program to vary any part of the program. Page 198

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LINK TO CORPORATE PLAN GOV 3 - Undertake a whole of Council service level review to establish sustainable operational costs across core local government business and consult with communities. CONSULTATION Internal Director Infrastructure Services Manager Water and Waste Environmental Compliance Officer Procurement Officer Engineer Water and Waste External Department Environment Heritage Protection McCullough Robertson Law LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Contravention of an approved Transitional Environmental Program attracts severe penalties. A maximum of 1665 penalty units or 2 years imprisonment may be applied to this offence. POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital The adoption of this draft TEP by Council has significant capital implications for Council associated with the refurbishment of the WWTP. This will be the subject of a further report to Council following completion of the process design phase and may result in an application to DEHP to vary the Transitional Environmental Program. Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Council holds $100K from a successful Royalties to Regions grant application. This is being contributed to the process design work. $250K was also carried over from a previous capital works budget. IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS Nil Date Prepared:

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ITEM-17

Wednesday 15 October 2014

WASTE COLLECTION SERVICES CONTRACT AND A TENDER CONSIDERATION PLAN: S230 OF THE LOCAL GOVERNMENT REGULATION 2012

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

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

Infrastructure Services, Water and Waste

EXECUTIVE SUMMARY The Council’s current waste collection services contract with JJ Richards is due to expire on 31 March 2015 and has no provision for extending the expiry date of that contract. The Far North Queensland Regional Organisation of Council (FNQROC) intends to undertake a process of establishing a joint waste collection tender process for Councils in the FNQROC (including Mareeba Shire Council). However, the anticipated date for the commencement of this new joint process is December 2017. The Council could, in the interim, invite written tenders or expressions of interest for a new short term waste collection services contract, but it is expected that a two year contract term (i.e. the period between the expiration of the current waste collection services contract and the anticipated date for the commencement of FNQROC’s new joint process) would result in the successful tenderer’s pricing being very high as the anticipated costs of the contractor are high in the early years of a waste collection contract with their margins build over time. Alternatively, Council could invite written tenders or expressions of interest for a more traditional long term waste collection services contract however this would result in Council losing out on the potential benefits of FNQROC’s joint waste collection tender process. This would not only disadvantage the residents of Mareeba Shire Council, but all the other participating Councils. Section 230 of the Local Government Regulation 2012 (Qld) provides a mechanism by which Council may adopt a quote or tender consideration plan (as opposed to inviting written tenders or expressions of interest) in which case it may then resolve to enter into a contract with a supplier. By adopting the quote or tender consideration plan as described in this report, Council will identify and hold discussions with potential waste collection service providers (including but not limited to JJ Richards and will enter into a new waste collection services contract until 17 December 2017. OFFICER'S RECOMMENDATION "That Council accepts the offer of JJ Richards and Sons Pty Ltd for Waste Collection and Bulk Bin Transfer under QMSC2014-12 until 17 December 2017."

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BACKGROUND Purchasing and Procurement The Local Government Act 2009 (Qld) and the Local Government Regulation 2012 (Qld) prescribe in respect to a local government’s contracting activities, including for the supply of services such as waste collection. Typically, a local government invites written tenders or expressions of interest for waste collection, including pursuant to Chapter 6 Part 3 Division 3 of the Local Government Regulation 2012 (Qld). To proceed as described above, involves a familiar process but one which involves, amongst other things, a significant lapse of time, including as follows:• • • • •

preparation of tender or request for expression of interest documentation; placing advertisements in appropriate newspapers; a minimum 21 days allowed for tenderers or respondents to provide tenders or expressions of interest; a period of tender evaluation (and in the case of a local government proceeding by way of an expression of interest, a tender and a further period prior to evaluation); and Recommendations and negotiations with the preferred service providers, prior to a report to the local government concerned and in due course a contract.

The minimum likely period from a decision to tender or request an expression of interest until contract award is approximately eight weeks, but often may be significantly longer. The time involved also reflects in significant costs. Tender Consideration Plan Section 230 of the Local Government Regulation 2012 (Qld) advises as follows: ‘Exception if quote or tender consideration plan prepared(1)

(2)

A local government may enter into a medium-sized contractual arrangement or large-sized contractual arrangement without first inviting written quotes or tenders if the local government(a)

decides, by resolution, to prepare a quote or tender consideration plan; and

(b)

prepares and adopts the plan.

A quote or tender consideration plan is a document stating(a)

the objectives of the plan; and

(b)

how the objectives are to be achieved; and

(c)

how the achievement of the objectives will be measured; and

(d)

any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and

(e)

the proposed terms of the contract for the goods or services; and

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a risk analysis of the market from which the goods or services are to be obtained.’

In the Chief Executive Officer's opinion, proceeding to retain a suitable waste collection services provider pursuant to section 230 of the Local Government Regulation 2012 (Qld) is preferred to proceeding pursuant to other sections of the Local Government Regulation 2012 (Qld) (as described under the above) because: • • •

it is more streamlined in implementation; in particular, it allows Council to proceed much more quickly and without protracted tender or expression of interest process; and in addition to being less time consuming, it is also less expensive and efficient.

How to proceed Under section 230 of the Local Government Regulation 2012 (Qld), if a local government has decided, by resolution, to enter into a procurement activity under that Regulation, it can: • • •

resolve to prepare an appropriate quote or tender consideration plan; prepare the appropriate quote or tender consideration plan; and adopt the quote or tender consideration plan.

This Tender Consideration Plan The ‘sound contracting principle’ of ‘value for money’ is applied in this Tender Consideration Plan. In accordance with section 230 of the Local Government Regulation 2012 (Qld), this Tender Consideration Plan is to deal with:•

the local government’s objectives and how those objectives will be achieved and measured;

•

any alternative ways of achieving the objectives and why those alternative ways were not adopted;

•

the proposed terms of contract; and

•

a risk analysis of the market from which the relevant goods or services are to be procured.

In this way, legislative power is provided to the Council to take a ‘strategic approach to its procurement activities’, meaning ‘an approach that identifies potential opportunities while managing adverse risks’. In this respect, this Tender Consideration Plan under section 230 of the Local Government Regulation 2012 (Qld) includes consideration of the costs of complying with this alternative procurement approach. As described above, proceeding as described is a significantly less expensive means of retaining the required waste collection services than would be the case if a tender or request for expression of interest process was adopted. It also provides more effective means of retaining the required waste collection service until the completion of FNQROC’s joint waste collection tender process. Section 230(2) of the Local Government Regulation 2012 (Qld) describes required features for this Tender Consideration Plan, which are addressed as follows:

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•

• •

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s230(2)(a) – the objectives of the plan – to enable the Council to retain a waste collection services provider to deliver a waste collection service until the completion of the FNQROC’s joint waste collection tender process. The objectives include that the waste collection services provided be of a high quality and represent value for money and that the arrangement with the waste collection service provider be flexible enough to include: the continuation of the current waste collection service with no significant variation in level of service or cost; advice in respect to the risks and benefits of alternative providers, approaches and solutions.

Further objectives of this Tender Consideration Plan are that it: •

include sufficient scope for the Chief Executive Officer to negotiate and deal with a range of different service providers in respect to their service offerings and proposed solutions. For instance, ultimate decision may be to extend the services sought (and so the terms and scope of the contract entered into) to also include services in respect to ongoing waste collection;

•

include the opportunity for the Chief Executive Officer, including by reference to the ‘sound contracting principles’ found in section 104 of the Local Government Act 2009 (Qld), to encourage (if and where applicable) open and effective competition in respect to the scope of services offered in circumstances where the relevant scope is fluid;

•

contemplates the Council adhering to ethical behaviour and fair dealings when applying sound business practice and good business principles in reaching a decision in respect to how and with whom to contract;

•

s230(2)(b) – how the objectives are to be achieved – in the most streamlined, time and cost effective way and by proceeding pursuant to a Tender Consideration Plan prepared in accordance with the Local Government Regulation 2012 (Qld);

•

s230(2)(c) – how the achievement of the objectives will be measured – the Chief Executive Officer proposes to identify and hold discussions with potential waste collection service providers (including but not limited to the current service provider) to identify which of them is best placed to provide the waste collection services and then to develop a scope and pricing proposal recognising the uncertainties around the procurement concerning, including as described above. If necessary, the Chief Executive Officer may consult with others to provide advice and technical input ensure the contract entered into is not significantly different to the current contract and that any cost increases are reflective of true industry costs and can be directly related to the current pricing regime;

•

s230(2)(d) – any alternative ways of achieving the objectives, and why the alternative ways were not adopted – the alternative methods of procuring waste collection services have been described in this Tender Consideration Plan (e.g. formally going out to tender). Those alternatives have not been adopted for the following reasons:  if a tender is only called for two years the pricing will be significantly higher given the short duration of the contract;

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 if a normal contract period is entered into Mareeba Shire Council will not be able to enjoy the benefits of the joint FNQROC contract;  if a normal contract period is entered into the other participating Councils in the FNQROC will potentially be disadvantaged by the dilution of the joint purchasing power;  it takes significantly more time and will be more expensive. •

s230(2)(e) – the proposed terms of the contract for the goods or services – suitable terms for the provision of the waste collection services will be negotiated to ensure, to the extent possible, no significant differences to the existing contract. The Chief Executive Officer will also ensure that any increase in the cost of the waste collection services are reflective of true industry costs and can be directly related to the current pricing regime. To the extent required, the contractual terms for the waste collection services contract will be prepared for the Chief Executive Officer so as to reflect current industry practice and risk allocation; and

•

s230(2)(f) – a risk analysis of the market from which the goods or services are to be obtained – as described, one of the key features of this Tender Consideration Plan is for the Chief Executive Officer to first identify the leading waste collection service providers with whom to negotiate and before contract to determine the best waste collection service provider to be selected from the waste collection services market as the Chief Executive Officer’s preferred provider.

Council at its Ordinary Meeting held on 3 September 2014 resolved as follows with respect to this matter: "That Council adopts the Tender Consideration Plan contained in this report and delegates authority to the Chief Executive Officer to negotiate and following Council approval in due course enter into a new contract for the provision of waste collection services." An assessment was made and it was determined that invitations be issued to the major waste collection contractors in the region. These were: •

JJ Richards & Sons Pty Ltd Waste Services

•

Cleanaway Waste Services

•

Subloos Waste Services

The invitation was to provide a price/s for the domestic waste collection and bulk bin transfer for Mareeba Shire Council waste services for the period of 1 April 2015 to 17 December 2017, inclusive. At the requested date and closing time for submission of prices, Council only received one (1) offer from JJ Richards and Sons Pty Ltd. This offer is attached for the information of Council. A review of the extended JJ Richards and Sons Pty Ltd offer has been undertaken against the existing contract that expires on 31 March 2015. The domestic collection and bulk bin Page 205

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transfer prices as proposed by the contractor for this extension has increased by less than 1%. Proposed waste transfer transport pricing has remained the same under the proposed contract extension when compared with the existing contract. As a consequence of the above it is considered reasonable that Council authorise a contract extension to JJ Richards and Sons Pty Ltd to 17 December 2017 for contracts T-MSC200504 and T-MSC2005-25. This pricing has now been subsequently amalgamated under Quotation for Domestic Waste Collection and Bulk Bin Transfer QMSC2014-12. LINK TO CORPORATE PLAN GOV 3 - Undertake a whole of council service level review to establish sustainable operational costs across core local government business and consult with communities. CONSULTATION Internal Council Chief Executive Officer Director Infrastructure Services Manager Water and Waste Procurement Officer Engineer Water and Waste External JJ Richards & Sons Pty Ltd Waste Services Cleanaway Waste Services Subloos Waste Services LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) This approach mitigates any risk to Council as set out in previous legal advice to Council. POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating The operational costs for the waste collection services contract are included in this yearâ&#x20AC;&#x2122;s budget and in the forward projected budgets. Is the expenditure noted above included in the 2014/2015 budget? Yes IMPLEMENTATION/COMMUNICATION The CEO will negotiate and in due course enter into a new contract for the provision of waste collection services Page 206

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ATTACHMENTS 1. Quotation for the Provision of Domestic Waste Collection and Bulk Bin Transfer Date Prepared:

3 October 2014

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CHIEF EXECUTIVE OFFICER ITEM-18

LOTS 403 AND 405 KINGSBOROUGH

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

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

Office of the Chief Executive Officer

EXECUTIVE SUMMARY The property owners of Lot 405 Kingsborough purchased the lot and have subsequently been making improvements on what they thought was their land in preparation for making it their permanent home. They have recently established, however, that the lot they believed they had purchased and have been working on is in fact not Lot 405 but in actual fact Lot 403. Kingsborough is a historic mining town and at present only has one permanent resident and two other lots which are being utilised on a semi regular basis by the owners. Given that there are no real formalised roads or township, it is understandable how this occurred. Lot 403 is currently in private ownership, however, the current registered owner purchased the lot in 1881 and since that date there has been no transfer of ownership. The said lot is included in the numerous lots that Council is considering acquiring through the valueless land process, which will see the lots eventually being transferred into Council ownership. The current owners have requested that when Lot 403 is transferred into Council's ownership, Council agrees to a land swap with them, effectively transferring Lot 403 into their name and Lot 405 into Council's name, with them covering the costs of the transfers of ownership. The Lots are of a similar size, with Lot 405 being slightly larger than Lot 403, and because the lots essentially have no real commercial value to Council, it is recommended that, subject to Council acquiring Lot 403 through the valueless land process and subject to the Minister approving the land swap, Council agree to transfer ownership of Lot 403 in exchange for Lot 405. OFFICER'S RECOMMENDATION "That Council agree to exchange Lot 403K2351, Kingsborough, in the Parish of Thornborough for Lot 405K2351, Kingsborough, in the Parish of Thornborough, subject to the following conditions: 1. Council acquiring Lot 403K2351, Kingsborough, in the Parish of Thornborough through the valueless land process; 2. The Minister for Local Government, Community Recovery and Resilience granting approval for the transfer of the said lots; and 3. The current owners of Lot 405K2351, Kingsborough, in the Parish of Thornborough paying all costs associated with the transfer of the lots."

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BACKGROUND The property owners of Lot 405 Kingsborough purchased the lot and have subsequently been making improvements on what they thought was their land in preparation for making it their permanent home. Following the purchase of Lot 404 by an acquaintance of theirs, debate arose regarding property boundaries and, given the historical nature of the township and the lack of survey markers and the fact that the available property data overlaying satellite imagery for the township is in the region of 200 metres misaligned, they engaged a Surveyor to survey their lot. This formal survey has established that the lot they believed they had purchased and have been working on is in fact not Lot 405 but in actual fact Lot 403. The owners acknowledge that it was their responsibility to ensure the lot they were purchasing was actually the one they thought it was. However, as Kingsborough is a historic mining town and at present only has one permanent resident and two other lots which are being utilised on a semi regular basis by the owners and there are no real formalised roads or township, it is understandable how this occurred. Lot 403 is currently in private ownership, however, the current owner purchased the lot in 1881 and since that date there has been no transfer of ownership. The said lot is included in the numerous lots that Council is considering acquiring through the valueless land process as rates exceed the value of the land. The current site value of the said lot is $1,800. This process will see the lots eventually being transferred into Council ownership unless, following a detailed process, the owners or legal successors come forward and settle all outstanding rates and charges owing. The current owners of Lot 405 have written in, a copy of the letter is attached, requesting that when Lot 403 is transferred into Council's ownership, that Council agrees to a land swap, effectively transferring Lot 403 to them and Lot 405 to Council. They have stated that they will cover the costs of the transfers of ownership. The Lots are of a similar size, with Lot 405 (809m2) being slightly larger than Lot 403 (784m2), and have almost identical topography etc. The lots have no real commercial value to Council as it is unlikely that Council will be disposing of them as residential properties. LINK TO CORPORATE PLAN Governance: Goal - Sound decision-making based on the understanding and confidence of the community, reflected in responsible long-term financial sustainability and clear strategic direction built around core local government business and affordable levels of service. CONSULTATION Internal Finance Department External Mr & Mrs Smart

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LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil, subject to the correct application of the legislation with regards to the acquisition and subsequent disposal of the said lot. POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION Should Council adopt the recommendation, the owners of Lot 405 will be informed that, subject to the conditions as outlined in the recommendation, Council will agree to the transfer of the Lots. ATTACHMENTS 1.

Letter from Mr William Smart

Date Prepared:

3 October 2014

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ITEM-19

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KURANDA MENS SHED

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

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

Office of the Chief Executive Officer

EXECUTIVE SUMMARY Council is in the process of relocating its two (2) works crews (Maintenance and Parks) to a single site - Barron Falls Road. The site where the maintenance crew are currently based, adjacent to the Water Treatment Plant at the end of Kuranda Heights Road, has an existing shed on it and this will become surplus to requirements. The Kuranda Mens Shed group have been in discussions for a lengthy period to try to identify a premises to establish themselves. The shed that will become vacant is ideally suited for them. While it is reasonably accessible, it is in a position where the activities will have limited impact on residents. The transfer of the staff is likely to occur in early December but by resolving to agree to the Mensa Shed making use of this premises allows them to begin their preparations and allows for a suitable lease to be arranged over the portion of the reserve the shed is sited on. OFFICER'S RECOMMENDATION "That Council resolve to provide an offer to the Kuranda Men's Shed Group to lease the Council shed adjacent to the Kuranda Water Treatment Plant subject to signing of a MOU, a peppercorn rental amount and affiliation with the Australian Men's Shed Association." BACKGROUND The Mens Shed is a nationally recognised association which provides for opportunities for men. A group of men in Kuranda have been in discussions with Council trying to establish a Mens Shed in Kuranda. As part of improving organisational efficiencies the two (2) crews currently based in Kuranda are to be located at the same depot. This will enable staff to work more efficiently across areas as circumstances dictate. The cost of relocating the shed utilised by the maintenance crew to the site at Barron Falls Road was established and it was found that this exceeded the cost of having a new one erected. A new shed has been ordered and is scheduled for construction in November. Once the new shed is constructed and the crew relocates, the existing shed will be surplus to Council's requirements.

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The site at Kuranda Heights is a Reserve for Local Government purposes. This means that it cannot be disposed of however, a portion can be made available to community groups. The recommendation is that the shed be made available to the Mens Shed for their use at a peppercorn amount. LINK TO CORPORATE PLAN COM1 Develop a community engagement strategy to encourage inclusiveness and partnerships within communities and a sense of common identity. CONSULTATION Internal Manager Community Wellbeing Manager Works External Kuranda Mens Shed group LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION Should Council adopt the recommendation, the Kuranda Mens Shed group will be informed so that they can make arrangements to occupy the site once it is vacated. ATTACHMENTS Nil Date Prepared:

09/10/2014

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GERAGHTY PARK, JULATTEN

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

15 October 2014

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

Office of the Chief Executive Officer

EXECUTIVE SUMMARY Discussions have been held with three (3) users of the Geraghty Park facility at Julatten. These include the Etna Head Community Library, Julatten Mens Shed and the Julatten Theatrical group. This report makes a number of recommendations in relation to these discussions and involves the following; 1. The provision of funding, in addition to the $29,200 the Mens Shed have sourced, to construct a new shed adjacent to the cricket nets at Geraghty Park. The exact quotation is yet to be finalised, as updated quotes are being sought, but will likely be in the region of $30,000. Noting that this infrastructure will be Council owned on a Council Reserve for recreation. 2. That the existing facility the Mens Shed utilise be made available to the Etna Head Libarary as a meeting/stock room as the current library facility is very limited for space. 3. That the Theatrical group relocate their equipment and wardrobe into the Theatre area from the two "cottages" which will then be demolished as they are beyond repair and contain significant asbestos materials. It is noted that the Mens Shed are contributing equipment forh the Theatrical group to store their wardrobe. 4. That the Mens Shed take over the maintenance of Geraghty Park by means of a formal agreement and that Council donates the ride-on mower to them to assist them in this endeavour. This mower is one which was due to be to be disposed of as part of the 2014/15 fleet replacement process. 5. That an annual grant of $5,000 be given to the Mens Shed to assist them with their endeavours. This will be more than recouped by the savings Council will have by not having to maintain Geraghty Park itself. 6. The playground equipment in Geraghty Park is removed. The equipment does not meet the necessary standards and more importantly, the soft fall around the equipment is no longer functional and to replace it would be at considerable cost. In the centre of the area is a large tree and with the leaves and branches that fall the risk profile of the playground is unacceptable. The playground is very seldom used and it is believed rather than expending considerable funds on an asset that has such low utilisation these funds would be better applied in delivery assets which would receive much higher level of community use.

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OFFICER'S RECOMMENDATION "That Council; 1. Endorse the works scheduled to be undertaken in Geraghty Park; 2. Donate ride-on mower, asset no. 4887 to the Julatten Mens Shed; 3. Award the Julatten Mens Shed an annual grant of $5,000." BACKGROUND As detailed in the Executive Summary, discussions have been held with various users of the Geraghty Park facility in Julatten. While it is acknowledged there are other occasional users these three (3) are the regular users, and whilst they do not purport to speak on behalf of the whole community they are representative of the larger community. Council budgeted funds in the last financial year, which have been carried over to this year, to replace the playground equipment at the park. This equipment is outdated and not compliant with current standards and importantly the soft fall has failed and has to be replaced as a matter of urgency. To compound matters, there is a large shade tree in the middle of the playground which sheds leaves and branches and as such increases the risk profile and requires constant maintenance to minimise this risk. After discussions with the groups it was evident that this playground has minimal utilisation and the budgeted funds could be much better utilised by delivery after assets in Geraghty Park for the Julatten community. The proposal is for the Mens Shed to have a new shed constructed, for which they have <insert> $29,700 external funding. This would then free up their current room for use by the library as a meeting/sorting room. There is not a meeting room available for the community and the library itself is very restricted in terms of space. In addition, there are two old fibro cottages at the park which are beyond repair. They are currently being used by the Theatrical group to store their wardrobe. The Mens Shed group are assisting the Theatrical group by <insert> equipment to allow them to store this equipment in the wings of the "Theatre". This will allow the demolition of the cottages. The Geraghty Park is currently maintained by Council, with staff and equipment travelling from Mareeba to undertake this work. Given the distance etc this is at considerable cost. The Mens Shed have offered to take over the maintenance of the park and have asked if Council can donate them a mower. Council has a mower it intended to dispose of in this year's fleet replacement schedule which can be given to them at very little cost to Council. It is also recommended that the Men Shed is given an annual grant of $5,000. This would assist them in covering the costs they would incur. This community partnership arrangement is one which delivers a definite win-win. With a community group being able to develop and pursue their objectives while at the same time enabling services to be delivered at a reduced cost to Council. This Community Partnerships philosophy will be further formalised by a policy which is being drafted for consideration by Council.

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LINK TO CORPORATE PLAN COM1 Develop a community engagement strategy to encourage inclusiveness and partnerships within communities and a sense of common identity. CONSULTATION Internal Mayor, Crs Pedersen and Brown Works Facilities Community Wellbeing External Etna Head Library Julatten Mens Shed Julatten Theatrical Group LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) There are no legal impediments in the proposal. The risks regarding the maintenance of the Geraghty Park will be mitigated by an agreement with the Mens Shed who hold public liability insurance cover. By removing the playground equipment Council's risk profile is significantly reduced. POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital The Capital costs are covered within the provisions of the2014/15 Capital Budget. Operating There will be a reduction in the overall operating costs as a result of these arrangements. IMPLEMENTATION/COMMUNICATION Should Council adopt the recommendations, the various groups will be informed and the Facilities Officer will undertake the necessary works. ATTACHMENTS Nil Date Prepared:

09/10/2014

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BUSINESS WITHOUT NOTICE

NEXT MEETING OF COUNCIL The next meeting of Council will be held at 9:00 am on Wednesday 5 November 2014

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APPENDIX - COMMITTEE MEETING MINUTES TOURISM KURANDA - 16 SEPTEMBER 2014

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KURANDA COMMUNITY PRECINCT - 9 SEPTEMBER 2014

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APPENDIX 2- FOR INFORMATION

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