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1 Minutes - Planning and Economic Committee 12 August 2015 #4826569 CAIRNS REGIONAL COUNCIL MINUTES PLANNING & ECONOMIC COMMITTEE 12 AUGUST 2015 COMMENCING AT 9 AM PRESENT : Cr T James (Chairperson) Cr S Brain Cr J Schilling Cr C Zeiger Cr B Manning Cr R Bates Cr L Cooper Cr M O’Halloran Cr G Fennell APOLOGY : Cr J Richardson OFFICERS: P Tabulo Chief Executive Officer K Reaston General Manager Planning & Environment L Kirchner General Manager Comm, Sport & Cultural Services P Boyd Manager Strategic Planning & Approvals G Boyd Manager Regulatory Services B Spence Manager Parks & Leisure F Dix A/Manager Marketing & Communications N Quinn Executive Manager Mayors Office A Finocchiaro Program Leader Econ Develop & Sustainability S Shearer Minute Secretary

CAIRNS REGIONAL COUNCIL · 2015. 9. 2. · Detailed Geotechnical Report 7. A detailed geotechnical investigation shall be undertaken by the Applicant. The report shall be prepared

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    Minutes - Planning and Economic Committee 12 August 2015 #4826569

    CAIRNS REGIONAL COUNCIL

    MINUTES

    PLANNING & ECONOMIC COMMITTEE

    12 AUGUST 2015

    COMMENCING AT 9 AM PRESENT : Cr T James (Chairperson) Cr S Brain Cr J Schilling Cr C Zeiger Cr B Manning Cr R Bates Cr L Cooper Cr M O’Halloran Cr G Fennell APOLOGY : Cr J Richardson OFFICERS:

    P Tabulo Chief Executive Officer K Reaston General Manager Planning & Environment L Kirchner General Manager Comm, Sport & Cultural Services P Boyd Manager Strategic Planning & Approvals G Boyd Manager Regulatory Services B Spence Manager Parks & Leisure F Dix A/Manager Marketing & Communications N Quinn Executive Manager Mayors Office A Finocchiaro Program Leader Econ Develop & Sustainability S Shearer Minute Secretary

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    Minutes - Planning and Economic Committee 12 August 2015 #4826569

    TABLE OF CONTENTS APOLOGY ....................................................................................................................... 3 CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST ................................. 3 PURPOSE OF MEETING ................................................................................................ 3

    1. GRANT SUBMISSIONS – QUEENSLAND GOVERNMENT ‘GET IN THE GAME’ PROGRAM 2015 ............................................................ 4

    Tim Dendle | 10/2/1-35 | #4796099

    2. MATERIAL CHANGE OF USE MULTI UNIT HOUSING (77 UNITS) – 31-67 CALLUM STREET, MOOROOBOOL – DIVISION 5 ................ 4

    C S Garner | 8/8/1376 SEDA | #4653616

    3. MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) MULTIPLE DWELLINGS (8 UNITS) – 72 – 78 REDLYNCH INTAKE ROAD, REDLYNCH – DIVISION 6 ............................................................... 23

    I Elliott-Smith | 8/8/1385 SEDA | #4808744

    4. OUTDOOR DINING AT 69 ABBOTT STREET, LOT 417 ON C1981 CAIRNS FOR THE GASPARIN GROUP .......................................... 32

    P Cohen | 18/46/3 | #4807503

    5. ADDENDUM TO PARKING INFRASTRUCTURE AGREEMENT – CAIRNS AQUARIUM & REEF RESEARCH CENTRE – 122B LAKE STREET CAIRNS CITY – DIVISION 5 .............................................. 33

    Danny Favier | 8/8/1287 | #4810349v3 CLOSED SESSION

    1. PREJUDICIAL MATTER - POTENTIAL PURCHASE OF LAND FOR TRANSFER STATION - DIVISION 5 ................................................ 34

    Lisa Dendle | 19/8/3 -01 | #4608968v3

    2. PREJUDICIAL MATTER - RESOURCE AND PERFORMANCE AGREEMENT – TOURISM TROPICAL NORTH QUEENSLAND’S QUARTERLY REPORT – JANUARY TO MARCH 2015 .................. 35

    A. Finocchiaro | 1/8/8 | #4796186

    3. PREJUDICIAL MATTER - INDUSTRY DEVELOPMENT FUND ACQUITTAL – TRADELINKED CAIRNS & PNG SUPPLY CHAIN DEVELOPMENT BETWEEN CAIRNS REGION AND PAPUA NEW GUINEA ............................................................................................ 35

    Sarah Palmer | 1/8/4 | #4811790v2

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    Minutes - Planning and Economic Committee 12 August 2015 #4826569

    APOLOGY Council notes the apology of Councillor Richardson and grants leave of absence. MATERIAL PERSONAL INTEREST / CONFLICT OF INTEREST Cr Cooper declared a real conflict of interest in Clause 4 (as per Section 173 of the Local Government Act 2009) on this matter due to a professional relationship with applicant and excluded herself from the vote. Cr James declared that the Unity Team, comprising Cr Manning, Cr Schilling, Cr Bates, Cr O’Halloran, Cr Fennell and himself had a perceived conflict of interest in relation to Clause 4. In accordance with Section 173 (7) of the Local Government Act, he proposed that the Unity Team Councillors remain so that a quorum could be retained. PURPOSE OF MEETING To consider the matters listed on the agenda.

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    Minutes - Planning and Economic Committee 12 August 2015 #4826569

    1. GRANT SUBMISSIONS – QUEENSLAND GOVERNMENT ‘GET IN THE GAME’ PROGRAM 2015 ............................................................ 3

    Tim Dendle | 10/2/1-35 | #4796099 O’HALLORAN / SHILLING That Council:

    1. Approves the proposed submission for the Barlow Park Lighting Upgrade to the Queensland Government’s ‘Get Playing Plus’ Funding Program;

    2. Give priority support to the organisations listed in this report in their applications to the State Government’s ‘Get Playing Places and Spaces’ Program; and

    3. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009, in conjunction with the Community Services Committee Chair and Divisional Councillor, to receive, assess and prioritise other local applications to the Get Playing Places and Spaces Program as they come to hand.

    carried

    2. MATERIAL CHANGE OF USE MULTI UNIT HOUSING (77 UNITS) – 31-67 CALLUM STREET, MOOROOBOOL – DIVISION 5 .............. 14

    C S Garner | 8/8/1376 SEDA | #4653616 BATES / SCHILLING A. That the Council approves the application for Multiple Dwellings (77 units),

    over land described as Lot 552 on RP750100, located at 31-67 Callum Street, Mooroobool, subject to the following APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means: Drawing or Document

    Reference Date

    Site Plan CA Architects 949_SK, Drawing SK04, Rev 1

    4 August 2015

    Site Sections CA Architects 949_SK, Drawing SK05 4 August 2015 T1 & T2 units CA Architects 949_SK, Drawing SK06 29 July 2015 T3 units CA Architects 949_SK, Drawing SK07 28 July 2015 T4 units CA Architects 949_SK, Drawing SK08 29 July 2015 T5 units CA Architects 949_SK, Drawing SK09 28 July 2015 Callum Street Elevations

    CA Architects 949_SK, Drawing SK10 28 July 2015

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    Minutes - Planning and Economic Committee 12 August 2015 #4826569

    ASSESSMENT MANAGER CONDITIONS

    1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:-

    a. The specifications, facts and circumstances as set out in the application submitted to Council;

    b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

    Except where modified by these conditions of approval

    Timing of Effect

    2. The conditions of the Development Permit must be effected prior to Commencement of Use, except where specified otherwise in these conditions of approval.

    Notice of Intention to Commence Use

    3. Prior to commencement of the approved use on the site, written notice must be given to Council that the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced. (See Appendix 2).

    Detailed Design Reports

    4. The proposed development must be redesigned or amended to accommodate the changes which may occur as a consequence of the following reports:

    a. Detailed requirements and/or recommendations referenced in the detailed Geotechnical investigation as required by Condition 7;

    b. Detailed requirements and/or recommendations referenced in the detailed stormwater investigation report as required by Condition 8; and

    c. Detailed requirements and/or recommendations referenced in the traffic investigation report as required by Condition 9.

    It is noted that any changes required as a consequence of the additional information is at the Applicant’s risk and cost.

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    Revised Drawings

    5. A set of revised drawings including the amendments recommended by the detail design reports must be submitted to Council for review as part of the submission for the development permit for Operational Works.

    The revised drawings shall be:

    a. Certified by an appropriately qualified and experienced RPEQ as being in accordance with the requirements/recommendations of:- • The detailed design reports (conditions 7-9); • Council’s Development Manual (FNQROC); and • Good engineering practice.

    b. Submitted as part of the application for the development permit for Operational Works; and

    c. Endorsed by the Chief Executive Officer prior to issue of a Development Permit for Operational works.

    Timing of Remedial Works

    6. All remedial geotechnical and drainage works to the full extent of the rear batter below Koppen Terrace, as identified in the following conditions must be carried out as part of Stage 1 of the development.

    Detailed Geotechnical Report

    7. A detailed geotechnical investigation shall be undertaken by the Applicant. The report shall be prepared by a qualified and experienced geotechnical engineer (RPEQ). The report should provide references and copies of other similar reports for the site prepared by the consultant (or consultants) as an appendix.

    The detailed geotechnical report/s shall include, but not be limited to assessment of the following:

    a. Geotechnical Investigation, type and extent:

    i. The type and extent of the investigation undertaken; and ii. The details of the person(s) undertaking the investigation, and

    their experience.

    b. Existing site conditions, including:

    i. surface and subsurface conditions;

    ii. soil type, depth and properties;

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    iii. rock type and properties;

    iv. depth of weathering;

    v. angles of dip of rock bedding planes and fault planes;

    vi. history of any known geological problems or occurrences on the site or adjoining property;

    vii. erosion stability;

    viii. existing surface water characteristics;

    ix. proposed treatments for surface water;

    x. location of and concentration of ground water;

    xi. location and impact of existing trees and vegetation;

    xii. slope stability.

    It is noted that a geotechnical assessment of the local and regional stability of the allotment and structures immediately adjacent to the proposed development has been undertaken in accordance with AGS Guidelines (2007) previously. This was based on the interpreting and interpolating the findings of previous reports, with no specific intrusive testing done. Based on this approach a number of sites have been assessed as being as higher risk than the acceptable “low-very low” risk range.

    As part of the detailed geotechnical investigation and report, the findings of the AGS (2007) assessment for the site shall be reviewed in light of the findings of the sub-surface / intrusive investigation. The Applicant must consider the existing and future risks to the proposed development from natural and artificial sources.

    In locations where the risk assessment rating is not “low” or “very low”, detailed geotechnical and engineering designs of the mitigation measures to be incorporated at each specific location shall be provided to Council. These geotechnical designs shall form part of the detailed geotechnical design report and shall form part of the submission for the development permit for operational works.

    c. Details of measures proposed to be incorporated in the development to ensure safe and otherwise satisfactory construction practices, including:

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    i. Measures to be adopted to control soil and rock movement from future weathering and saturated conditions;

    ii. Design matters to be considered during the construction of building foundations, driveways or any other works involving the excavation or filling of any land;

    iii. Development of allotments and dwellings outside Landslide prone areas; and

    iv. Works to be undertaken to mitigate and or control the risks to the newly created development, from geotechnical hazards, to acceptable levels.

    d. Details of measures to be implemented to mitigate and control the geotechnical risks to the adjacent properties along Koppen Terrace, to acceptable levels.

    e. The geotechnical report must be provided to and approved by Council prior to the issue of a Development Permit for Operational Works.

    Detailed Stormwater Drainage Report

    8. The Applicant shall review the original local drainage study of the site to determine the drainage impacts on upstream and downstream properties and the mitigation measures required to minimise such impacts. In particular, the study must address the following items, including the revisions to the existing report as noted:

    a. The contributing catchment boundaries;

    b. The extent of the 100 year ARI flood event in relation to the site both pre and post development;

    c. The report shall be reviewed to consider the existing land use as vacant land, not a residential 1 type development as noted in the report (page 8 of Projex Partners Report No:630-001R Rev B). The Applicant is to mitigate the impacts of the development from the existing state (vacant land) to the proposed state (Unit Development);

    d. Primary and secondary flow paths for the 5, 20, 50 and 100 year ARI flood events;

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    e. The report must consider the capacity of the downstream infrastructure to receive the waters from the proposed development. This shall include, but not be limited to the Kerb inlet pits and underground pipes which collect the stormwater from the site and deliver the stormwater into Koppen Park and subsequently into the Cochrane drain;

    f. The report shall specifically address the requirements for stormwater management through the site. This shall include but not be limited to any surface or sub-surface drainage infrastructure which is required as a result of:

    i. the recommendations contained within the geotechnical report (Condition 7); and

    ii. stormwater which is being delivered onto the site from external catchments.

    g. Identify any requirement for drainage easements;

    h. The Applicant is to confirm that the downstream infrastructure delivering the stormwater to Koppen Park/ Cochrane Drain has adequate capacity to receive the runoff, and is contained within easements (or other appropriate tenure) in locations which are not within the Council road reserve to the lawful point of discharge;

    i. Identify the need and tenure for flood detention areas to ensure a no worsening impact on downstream properties for the entire development;

    j. The report shall be reviewed to consider the existing land use as vacant land, not a Residential 1 Planning Area type of development as noted in the report (page 8 of Projex Partners Report No:630-001R Rev B). The Applicant is to mitigate the impacts of the development from the existing state (vacant land) to the proposed state (Unit Development);

    k. Information on the proposed works and any impacts proposed at the drainage outlet from the proposed development;

    l. Lawful point of discharge; and

    m. Stormwater Quality: the Applicant shall provide written confirmation from Council as to the agreement with Council in relation to the exclusion of stormwater quality management devices (page 8 of Projex Partners Report No:630-001R Rev B).

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    n. The study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works, Development Permit for Building Work with the necessary works being undertaken prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

    Detailed Traffic Engineering Report

    9. A Traffic Impact Study must be undertaken by an appropriately qualified and experienced Traffic Engineer with respect to the impacts of the proposed development on the existing transport network and Council’s ultimate road network. The study must be in accordance with Austroads guidelines. It is to include but not be limited to the following:

    a. The proposed staging of the development and anticipated timing;

    The prediction of road traffic generated by the proposed development, traffic distribution and travel patterns, for each stage of the development;

    b. Analysis of the intersection of the access driveways with Callum Street giving consideration to capacity and safety. The analysis must consider the need for channelized turn treatments. It should also include a sight line assessment;

    c. Analysis of the intersections of Callum Street with Swallow Street and McGregor Street giving consideration to capacity and safety and identification of any augmentation to the existing road network to mitigate impacts of the development;

    d. An assessment of whether adequate provision has been made on-site for manoeuvring and parking of vehicles. Turning paths must be assessed for the largest vehicle required to access the site and any parking areas; and

    e. Development of concept plans indicating any of the recommended treatments based on the traffic analysis.

    A ten (10) year design horizon from the anticipated date of completion of the development is to be adopted. Existing and proposed development in the area and/or cumulative background through-traffic is to be considered.

    The report should include appropriate discussion and data to support the recommendations. All assumptions must be documented and references detailed. Such external works recommended by the approved report must be constructed at no cost to Council in accordance with the approved plans to be submitted as part of the Operational Works application prior to commencement of use.

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    Operational Works

    10. An Operational Works Approval is required for the internal driveway network, nominated earthworks and water and sewer works associated with the development. Such works must be completed to the satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first. Where plans are required, three A1 size (3) copies of the plans and one copy at A3 size must be submitted to Council.

    Water Supply and Sewerage Works External

    11. Undertake the following water supply and sewerage works external to the site to connect the site to existing water supply and sewerage infrastructure:

    a. Augment existing water supply infrastructure to the extent necessary such that the development does not adversely affect the water supply to adjacent properties and such that a water service connection can be provided at the lot frontage;

    b. Augment existing sewers downstream of the site, to the extent required to accommodate the increased flows generated by the development; and

    c. Any new water crossing of Callum Street is to be Ductile Iron Pipe (DICL).

    The external works outlined above require approval from Council in accordance with Engineering Works on Roads. Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use or issue of a Compliance Certificate for the Plan of Survey, whichever occurs first.

    Water Supply and Sewerage Works Internal

    12. Undertake the following water supply and sewerage works internal to the subject land:

    a. The development must be serviced by a single internal water and sewerage connection made clear of any buildings or structures; and

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    b. Water supply sub-metering must be designed and installed in accordance with The Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008. A system is to be installed such that officers can have unobstructed access to the sub-meters.

    All the above works must be designed and constructed in accordance with the FNQROC Development Manual.

    Three (3) copies of a plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

    All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use or issue of a Compliance Certificate for the Plan of Survey, whichever occurs first.

    Inspection of Sewers

    13. CCTV inspections of all constructed sewers (including property sewers) must be undertaken. An assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Identified defects are to be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Commencement of Use.

    External Works

    14. Undertake the following works external to the land at no cost to Council:

    a. Construct a 2.0 metre wide concrete footpath to the Callum Street frontage in accordance with FNQROC Development Manual Standard Drawing 1035; Kerb ramps must be fitted with Tactile Ground Surface Indicators in accordance with Australian Standard AS1428.4: 2002 Design for Access and Mobility Part 4: Tactile Indicators;

    b. Provision of concrete crossovers and aprons in accordance with FNQROC Standard Drawing S1015, Rev C;

    c. Make good the kerb(s) at redundant crossover(s);

    d. Upgrade street lighting to Lighting Category P3 along the full frontage of Callum Street. The new Rate 2 street lighting scheme is to be designed in accordance with Section D8 of FNQROC Development Manual and the relevant Road Lighting Standard AS/NZS 1158. Lighting columns are to be of steel construction with Metal Halide luminaires and underground service; and

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    e. Repair any damage to existing kerb and channel, footway or roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development.

    All works in the road reserve need to be properly separated from pedestrians and vehicles, with any diversions adequately signed and guarded. Particular attention must be given to providing safe passage for people with disabilities i.e. the provision of temporary kerb ramps if pedestrian diversions are necessary.

    The external works outlined above require approval from Council as part of the Development permit for operational works.

    Internal Vehicle Manoeuvring

    15. The internal private driveway layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – Off-Street Car Parking and CairnsPlan, in particular:

    a. A well-lit, sealed footpath of a minimum width of 1.2 metres must be provided alongside all internal driveways to provide safe pedestrian connectivity to all units from the Callum Street footpath.

    The footpath is to be clearly delineated as separate from the vehicle manoeuvring areas by way of:

    i. A physical separation where alongside the driveway loop connecting both intersections; and

    ii. As a minimum, a change in surface material and/or colour for all stub driveways.

    b. All parking bay dimensions and aisle widths within the development must be designed in accordance with Australian Standard AS2890;

    c. The provision of vehicle turnaround areas must be provided at the end of each access driveway using a ‘B99’ vehicle template. All vehicles must be able to exit the access driveways in a forward direction;

    d. All internal access driveways must be a minimum 5.5 metres in width to accommodate two-way traffic;

    e. The internal access driveway grade must not exceed 20%, as specified in the FNQROC Development Manual; and

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    Minutes - Planning and Economic Committee 12 August 2015 #4826569

    f. All driveways, visitor parking and vehicle maneuvering areas are to be contained within the existing benched areas. All batters upslope of the driveways, created in association with the construction of visitor parking must be capable of being fully screened from the street by the buildings.

    Amended plans must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

    Vehicle Parking

    16. The amount of on-site vehicle parking must be a minimum of one-hundred-and-thirty-four (134) spaces, of which thirty-four (34) must be provided as visitor spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – Off-Street Car Parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

    Vehicle Wash Bay

    17. A vehicle wash bay must be provided. It must be roofed and bunded and wastewater must be discharged through a 550 litre triple interceptor to sewer or as agreed to by the Chief Executive Officer.

    Landscaping

    18. The site must be landscaped in accordance with details included on a Landscaping Plan. Specifically, the Landscaping Plan must include:

    a. Deep planting along the entire Callum Street frontage, to the front of the existing retaining wall, with a mix of native trees and shrubs of a height to screen the wall and provide a visually interesting streetscape to Callum Street. The tree species must not consist solely of palms;

    b. Landscaping within the front setback area between the retaining wall and the building line with a mix of native trees and shrubs of varying heights;

    c. Dense vegetation with screening qualities to fully cover all existing and proposed cut and fill batters, particularly with respect to screening all works carried out to stabilise the batter below Koppen Terrace, in order to minimise visual impacts from surrounding areas. No trees are to be planted on or above any batters within the development to prevent potential existing and future land instability;

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    d. All planting adjacent to the pedestrian access off Callum Street must allow for passive surveillance of the entire length from the surrounding units and comply with CPTED requirements;

    e. Dense planting to the eastern and western site boundaries, adjacent to the vehicle manoeuvring areas, with species that will assist with noise attenuation to the adjoining residential properties;

    f. Landscaping within the designated ‘Common Areas’ that will allow for the recreational use of the space and provision of shade;

    g. Deep planting with species that would assist with shading of the exposed western elevations of all buildings;

    h. All areas of existing vegetation to be retained; i. All fencing required by other conditions of approval;

    j Planting of the external footpath with trees, using appropriate species with regard to any site constraints and in accordance with the FNQROC Development Manual; and

    k. Inclusion of any other relevant conditions included in this Development Permit. A copy of this Development Approval must be given to the Applicant’s Landscape Architect/Designer.

    Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs first. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

    Visual Impact of Works 19. All retaining walls, visible geotechnical engineering works and any

    building works associated with providing site stability must be must be finished with a colour treatment that would visually integrate with the surrounding natural environment, to assist with landscape screening, as required by Condition 18.

    Details of the selected colour(s) must be submitted prior to the issue of a Development Permit for Building Work and endorsed by the Chief Executive Officer.

    Roof Colours

    20. The south-facing roof-slopes of all buildings must be constructed from non-reflective materials and finished in colours that will not cause glare to affect the adjoining properties on Koppen Terrace. Details of the proposed building materials and colour of the roofs must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

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    Protection of Landscaped Areas from Parking

    21. Landscaped areas adjoining the parking area must be protected by a 150 mm high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles.

    Vegetation Clearing

    22. Existing vegetation on the subject land must be retained in all areas except those affected by approved earthworks, geotechnical works to stabilise the rear batter, construction of buildings, access driveways and/or installation of services as detailed on the approved plans as stated in this approval. No further clearing is permitted.

    Protection of Vegetation

    23. Vegetation to be retained and all large trees are to be identified and adequately fenced off for protection purposes prior to construction work commencing on the site.

    All trees to be retained are to be protected in accordance with the Australian Standard Protection of Trees on Development Sites AS4970-2009.

    Any pruning of trees adjacent to the development footprint is to be in accordance with the Australian Standard Pruning of Amenity Trees AS4373-2077.

    Wildlife 24. Prior to removal of any tree, an inspection must be carried out for any

    signs of protected wildlife including nests and animal habitat. Should any recent wildlife activity be identified, removal of the tree must not occur until the animal has vacated the area of immediate danger. If the animal does not move from the area of danger, the Queensland Parks and Wildlife Services must be contacted for advice. Important habitat trees should be retained wherever possible.

    Parking Signage

    25. Erect signs advising of the location of off-street visitor parking and access thereto. The signs must be erected prior to Commencement of Use. One (1) sign must be located at each intersection with the Callum Street frontage.

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    Lighting

    26. All lighting installed upon the premises including car parking areas must be certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

    Street Fencing

    27. Any proposed fences and/or walls to the Callum Street frontage and alongside the pedestrian access into the site are to be limited to the following to allow for visual permeability:

    a. 1.2 metres in height if solid; or

    b. 1.5 metres in height if at least 25% visually transparent; or

    c. 1.8 metres in height if at least 50% visually transparent.

    Details of any street fencing must be detailed in the Landscape Plan and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

    Screen Fence

    28. A screen fence must be provided to the eastern and western side boundaries of the subject land, to the satisfaction of the Chief Executive Officer. The fencing must be consistent in terms of design and materials with other fences in the locality. The fencing must be completed prior to the Commencement of Use.

    Refuse Storage

    29. The development must be designed to be serviced by bulk bins. A bulk bin enclosure must be provided in accordance with Council’s requirements and must not be located on or adjacent to the side or rear boundaries of the site to prevent odour impacts on the adjoining residential properties.

    Brochures on Council’s requirements – ‘Requirements for Refuse Storage’ are available from Cairns Regional Council Water & Waste department.

    The proposed enclosure locations must be shown on the plan of works, along with details of how a garbage truck will access the bins. The plans and details must be approved by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

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    The bin enclosure must be constructed in accordance with the approved plans prior to the commencement of use. The management of the bulk bins is to be the responsibility of the body corporate.

    Lawful Point of Discharge

    30. All stormwater from the property must be directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

    Electricity Supply

    31. An underground electricity supply must be provided to the development by means of Ergon Energy installing an underground road crossing and placement of a service pillar at the property boundary. An overhead service line or consumer’s mains not permitted.

    Where Ergon Energy requires the installation of a substation to augment their network, a pad mount type is to be incorporated within the development.. A pole mount transformer is not acceptable. The padmount is to be incorporated within the development and positioned so that it does not detract from the appearance of the streetscape and must be clear of footpath areas. Details of the electrical substation positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

    This condition relating to electricity supply must be provided to Ergon Energy at the same time as the application for Network Connection Services.

    Above Ground Transformer Cubicles/ Electrical Sub-Stations

    32. Above ground transformer cubicles and/or electrical sub-stations are to be positioned so that they do not detract from the appearance of the streetscape and must be clear of footpath areas. This will require cubicles/sub-stations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building. Details of the electrical sub-station positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

    Telecommunications

    33. An underground telecommunication service must be provided to the development.

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    Evidence of Supply

    34. Written evidence of negotiations with Ergon Energy and the telecommunication authority must be submitted to Council stating that both electricity supply and telecommunications service will be provided to the development and where required that the proposed location and housing of the padmount transformer is appropriate.

    Under Grounding of Electricity Supply

    35. All existing overhead electricity and telecommunication services/lines along the full frontage of Callum Street must be placed underground. Such works are to be undertaken by Ergon Energy or an Ergon Energy approved contractor at the Applicant’s expense.

    Ergon Energy must be notified of these requirements when making application for power supply.

    All works must be completed prior to Commencement of Use unless otherwise agreed to by the Chief Executive Officer.

    Air-Conditioning, Plant and Machinery Screens

    36. Air-conditioning, plant and machinery units located above ground level and visible from external properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

    Details of Development Signage

    37. The development must provide clear and legible signage at both intersections with Callum Street, incorporating the street number for the benefit of the public.

    Advertising Signage

    38. Signs on the subject land must conform with relevant Local Laws applied under the Cairns Regional Council Control of Advertising (Application of a Continuing Local Law) to the requirements and satisfaction of the Chief Executive Officer.

    Crime Prevention Through Environmental Design

    39. The Applicant/owner must ensure that all lighting and landscaping requirements comply with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

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    Structural Certification

    40. All retaining walls or structures higher than 1.0 metre must be structurally certified prior to the issue of a Development Permit for Building Work.

    Where the profile or height of the wall is redesigned during structural certification, amended plans must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

    Construction Signage

    41. Prior to the commencement of any construction works associated with the development, a sign detailing the project team must be placed on the road frontage of the site and must be located in a prominent position. The sign must detail the relevant project coordinator for the works being undertaken on the site, and must list the following parties (where relevant) including telephone contacts:- a. Developer; b Project Coordinator; c. Architect / Building Designer; d. Builder; e. Civil Engineer; f. Civil Contractor; g. Landscape Architect.

    Sediment and Erosion Control

    42. Soil and water management measures must be installed / implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

    Ponding and/or Concentration of Stormwater

    43. The proposed development is not to create ponding nuisances and/or concentration of stormwater flows to adjoining properties.

    Stockpiling and Transportation of Fill Material

    44. Soil used for filling or spoil from the excavation is not to be stockpiled in locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works.

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    Transportation of fill or spoil to and from the site must not occur within: • peak traffic times; or • before 7am or after 6pm Monday to Friday; or • before 7 am or after 1pm Saturdays; or • on Sundays or Public Holidays.

    45. Dust emissions or other air pollutants, including odours, do not extend beyond the boundary of the site and cause a nuisance to surrounding properties.

    Storage of Machinery & Plant

    46. The storage of any machinery, material and vehicles must not cause a nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

    Demolish Structures

    47. All structures not associated with the approved development (including those encroaching from the adjoining site and disused services and utilities) must be demolished and/or removed from the subject land prior to Commencement of Use.

    Damage to Council Infrastructure

    48. In the event that any part of Council’s existing sewer, water or road infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the Applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced by Council, at the developer’s cost, prior to the Commencement of Use.

    Noise

    49. Noise from air-conditioning units, service equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of Chapter 8 Part 3B of the Environmental Protection Act 1994.

    FURTHER ADVICE

    1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of section 339 and section 341 of the Sustainable Planning Act 2009.

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    2. All building site managers must take all action necessary to ensure building materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

    3. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.

    Infrastructure Charges Notice

    4. A charge levied for the supply of trunk infrastructure is payable to Council towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.

    The amount in the Adopted Infrastructure Charges Notice has been calculated according to Council’s Adopted Infrastructure Charges Resolution.

    Please note that this Decision Notice and the Adopted Infrastructure Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.

    The amount in the Adopted Infrastructure Charges Notice is subject to index adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amount prior to payment.

    The time when payment is due is contained in the Adopted Infrastructure Charges Notice.

    5. For information relating to the Sustainable Planning Act 2009 log on to www.dilgp.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

    LAND USE DEFINITIONS

    In accordance with CairnsPlan the approved land use of Multiple Dwellings is defined as:

    Means the use of premises comprising six or more dwelling units of self-contained accommodation on one lot for residential purposes. The use includes accommodation commonly described as flats, home units, apartments, townhouses or villa houses.

    *This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

    http://www.dilgp.qld.gov.au/http://www.cairns.qld.gov.au/

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    B. The following unique notations will be placed on Council’s future rates record in respect of the new units/Lots:

    1. Refuse storage for this development is by bulk bins. The owner must enter into a refuse collection agreement with an approved refuse collection contractor.

    carried

    3. MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) MULTIPLE DWELLINGS (8 UNITS) – 72 – 78 REDLYNCH INTAKE ROAD, REDLYNCH – DIVISION 6 ............................................................... 83

    I Elliott-Smith | 8/8/1385 SEDA | #4808744 COOPER / SCHILLING A. That Council approves the Material Change of Use Development Application

    for Multiple Dwellings (8 Units) over land described as Lots 11 and 12 on SP274779, 72 – 78 Redlynch Intake Road, Redlynch, subject to the following:

    APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

    Drawing or Document

    Reference Date

    Ground Level Plan TP.01 C May 2015 Floor Plans TP.02 B March 2015 Roof Revisions Job No 15.02.01 August 2015

    Assessment Manager Conditions 1. Carry out the approved development generally in accordance with the

    approved drawing(s) and/or document(s), and in accordance with:-

    a. The specifications, facts and circumstances as set out in the application submitted to Council; and

    b. The following conditions of approval and the requirements of

    Council’s Planning Scheme and the FNQROC Development Manual.

    Except where modified by these conditions of approval.

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    Timing of Effect 2. The conditions of the Development Permit must be effected prior to

    Commencement of Use, except where specified otherwise in these conditions of approval.

    Notice of Intention to Commence Use

    3. Prior to commencement of the use on the site, written notice must be

    given to Council that the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced (Attached at Appendix 2).

    Residential Privacy

    4. Screening between the balconies of units on the first level above the

    car park must be provided to allow for sufficient privacy between these units. Such screening must be implemented prior to the issue of the Certificate of Classification or Commencement of Use, whichever occurs first.

    Staging of Development

    5. The development is able to be undertaken in a maximum of two (2)

    stages i.e. one (1) building and associated facilities per stage. Prior to the issue of a Development Permit for Building Works, the Applicant shall notify Council in writing of the proposed method for obtaining access to each stage of the development. Legal access arrangements must be established prior to the issue of the Certificate of Classification or Commencement of Use, whichever occurs first.

    Access Crossovers

    6. Construct a commercial concrete crossover and apron to the Redlynch

    Intake Road frontage of the site, in the location shown on the approved Site Plan and in accordance with FNQROC Development Manual Standard Drawing 1015, Revision C. The maximum grade for a cross-over is 2.5% and where the site fronts an existing footpath the new cross-over must not interfere with existing footpath formation.

    7. Remove any redundant crossovers and make good the kerb and

    footpath at such redundant crossovers; 8. Repair any damage to existing kerb and channel, footway or roadway

    (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during works carried out in association with the construction of the approved development.

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    Vehicle Parking

    9. The amount of vehicle parking must be provided as per the approved plans of development being a total of nineteen (19) spaces. In particular;

    a. Sixteen (16) car parking spaces are to be provided undercover;

    b. The car parking layout must comply with the Australian Standard

    AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design;

    c. All parking, driveway and vehicular manoeuvring areas must be

    imperviously sealed and drained; and

    d. All vehicles using the site must be able to exit the site in a forward gear.

    Driveway Mirror 10. A convex mirror shall be installed at the end of the driveway, in the

    middle of the driveway alignment, to facilitate safe vehicle and pedestrian movements within the driveway area. Such a mirror is required to be installed in conjunction with the first stage of the development and prior to the issue of a Certificate of Classification or Commencement of Use, whichever occurs first.

    Driveway Speed Control 11. The driveway providing access to the rear car parking area must

    include a physical means of speed control within 6 metres of the boundary. Details of the speed control device must be submitted and approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

    Lighting 12. All lighting installed upon the premises including car parking areas

    must be certified by Ergon Energy (or other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the site must not exceed eight (8) lux measured at any level upwards from ground level.

    Landscape Plan 13. The site must be landscaped in accordance with details included on a

    Landscaping Plan. The Landscaping Plan must show:

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    a. Details of all proposed landscape treatments including species selection and colours and materials for hard scaping;

    b. Deep planting of a minimum 1 metre width along the side and rear

    boundaries with the exception of areas required for bin storage, parking and manoeuvring;

    c. Deep planting of a minimum 1 metre width along the full frontage

    of the site. The planting arrangement for the frontage of the site must have due consideration to the location of the existing sewer main which traverses the property inside of the front boundary and any services required to be installed as a result of the development i.e. drainage infrastructure, water connections and the like;

    d. The retention of the existing rear boundary fence or details of an

    alternate rear boundary fence; e. Details of screen fencing to both side boundaries;

    f. Details of the proposed street fencing consistent with the

    following:

    i. 1.2m in height if solid; or ii. 1.5m in height if at least 25% visually transparent; or iii. 1.8m in height if at least 50% visually transparent.

    g. Inclusion of any other relevant conditions included in this

    Development Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

    Two (2) A1 copies and one (1) A3 copy of the landscape plan must be

    endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use, whichever occurs first. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

    Protection of Landscaped Areas from Parking 14. Landscaped areas adjoining the parking area must be protected by a

    150 mm high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles.

    Water Supply and Sewerage Works Internal 15. Undertake the following water supply and sewerage works internal to

    the subject land:

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    a. Water supply sub-metering must be designed and installed in accordance with The Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008; and

    b. Any building works located over or near the existing sewer is subject to a Plumbing application for Permission to Build over/and or Adjacent to Sewer Mains. The design of the building and footings over the sewer must comply with Section MP 1.4 of the Queensland Development Code.

    N.B. the existing sewer main in relation to the proposed location of

    the lap pools.

    All the above works must be designed and constructed in accordance with the FNQROC Development Manual. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use or issue of a Compliance Certificate for the Plan of Survey, whichever occurs first.

    Inspection of Sewers 16. CCTV inspections of sewers must be undertaken at works completion

    where works inclusive of building works and construction activities have been undertaken over, adjacent or to sewers. Defects must be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Commencement of Use.

    Sewer Easement 17. Create an easement in favour of Council having a nominal width of 3

    metres over the existing sewer within the site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement document must be submitted to Council for the approval by Council's solicitors at no cost to Council.

    The approved easement document must be submitted at the same time as seeking approval and dating of the Building Format Plan and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

    Refuse Storage 18. The development must be designed to be serviced by bulk waste and

    bulk recycling bins. Bulk bin enclosure(s) must be provided in accordance with Council’s requirements and must not be located within 6 metres of the eastern boundary of the site. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from Cairns Regional Council’s Water & Waste branch.

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    Details of the proposed location of the storage areas must be shown on

    a plan and submitted to Council for approval prior to the issue of a Development Permit for Building Works.

    The bin enclosure(s) must be constructed in accordance with the

    approved plans prior to the issue of a Certificate of Classification or Commencement of Use, whichever occurs first.

    Damage to Infrastructure 19. In the event that any part of Council’s existing road, sewer or water

    infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the developer /applicant /owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced by Cairns Regional Council, at the developer’s/applicants/owners cost, prior to the Commencement of Use.

    Air-Conditioning Units, Plant and Machinery 20. Air-conditioning units located above ground level and visible from

    external properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

    21. Noise from air-conditioning units, service equipment or other

    mechanical equipment (i.e. pool pumps) must not emanate from the site to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the relevant noise control provisions contained within the Environmental Protection Act (1994).

    Lawful Point of Discharge 22. All stormwater from the property must be directed to a lawful point of

    discharge such that it does not adversely affect surrounding properties or properties downstream from the development, to the requirements and satisfaction of the Chief Executive Officer.

    Ponding and/or Concentration of Stormwater 23. The proposed development and any retaining walls are not to create

    ponding nuisances and/or a concentration of stormwater flows to adjoining properties.

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    Plan of Drainage Works 24. The subject land must be drained to the satisfaction of the Chief

    Executive Officer. In particular: a. Drainage infrastructure shall be designed and installed in

    accordance with the requirements of the FNQROC Development Manual;

    b. Where practical, the development must be drained to the road

    frontage, drainage easements or drainage reserves and discharged to the existing drainage system via stormwater quality device(s).

    c. The drainage system for the development must be designed in an

    integrated and holistic manner to minimise the number of kerb outlets from the development. Details of the design of the proposed drainage system, for each stage of the development where relevant, shall be approved by Council prior to the issue of a Development Permit for Building Works.

    This is to ensure that a large number of kerb outlets do not

    compromise the structural integrity of the existing kerb and to ensure that there is not a concentration of kerb outlets in the street.

    Sediment and Erosion Control 25. Soil and water management measures must be installed / implemented

    prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, the FNQROC Development Manual and the guideline Best Practice Erosion and Sediment Control – IECA Australasia, November 2008).

    Lockable Storage 26. Provide each unit with a lockable storage area, generally in accordance

    with the dimensions and location indicated on the approved Site Plan.

    Electrical and Telecommunications Supply 27. Where Ergon Energy requires the installation of a substation to

    augment their network, a padmount type is to be incorporated within the development. A pole mount transformer would not be acceptable to Council. The padmount transformer is to be positioned so that it does not detract from the appearance of the streetscape and must be clear of footpath areas. Details of the electrical substation positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

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    28. Written evidence of negotiations with Ergon Energy and the

    telecommunication authority must be submitted to Council stating that both underground electricity supply and underground telecommunications service will be provided to the development and where required, that the proposed location and housing of the padmount transformer is appropriate.

    29. The requirements relating to electrical supply must be provided to

    Ergon Energy at the same time as the application for network connection services.

    Crime Prevention through Environmental Design 30. The applicant/owner must ensure that all lighting and landscaping

    requirements comply with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

    CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS Concurrency Agency

    Concurrence Agency Reference

    Date Council Electronic Reference

    State Development Infrastructure & Planning (DSDIP)

    SDA-0515-020391 09/06/2015 4757706

    Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). FURTHER ADVICE 1. This approval, granted under the provisions of the Sustainable

    Planning Act (2009), shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of section 339 and section 341 of the Sustainable Planning Act 2009.

    2. All building site managers must take all action necessary to ensure

    building materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

    3. This approval does not negate the requirement for compliance with all

    other relevant Local Laws and other statutory requirements.

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    Infrastructure Charges Notice 4. A charge levied for the supply of trunk infrastructure is payable to

    Council towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.

    The amount in the Adopted Infrastructure Charges Notice has been calculated according to Council’s Adopted Infrastructure Charges Resolution.

    Please note that this Decision Notice and the Adopted Infrastructure Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.

    The amount in the Adopted Infrastructure Charges Notice is subject to index adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amount prior to payment.

    The time when payment is due is contained in the Adopted Infrastructure Charges Notice.

    5. For information relating to the Sustainable Planning Act 2009 log on to

    www.dilgp.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

    LAND USE DEFINITIONS*

    In accordance with CairnsPlan 2009, the approved land use of Multiple Dwellings is defined as: “Means the use of premises comprising six or more dwelling units of self-contained accommodation on one lot for residential purposes. The use includes accommodation commonly described as flats, home units, apartments, townhouses or villa houses”. *This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

    http://www.dilgp.qld.gov.au/http://www.cairns.qld.gov.au/

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    B. The following unique notations will be placed on Council's future rates

    record in respect of the new units/lots:

    1. Activities associated with the operation and maintenance of the State Railway Corridor adjoining the property may result in noise of a non-residential nature affecting the property from time to time.

    2. Refuse and recycling services for the complex in which this unit is

    located shall be by way of bulk bins. carried Cr Cooper declared a real conflict of interest in Clause 4 (as per Section 173 of the Local Government Act 2009) on this matter due to a professional relationship with applicant and excluded herself from the vote. Cr Cooper left the meeting at 9.09 am and returned at 9.14 am Cr James declared that the Unity Team, comprising Cr Manning, Cr Schilling, Cr Bates, Cr O’Halloran, Cr Fennell and himself had a perceived conflict of interest in relation to Clause 4. In accordance with Section 173 (7) of the Local Government Act, he proposed that the Unity Team Councillors remain so that a quorum could be retained.

    4. OUTDOOR DINING AT 69 ABBOTT STREET, LOT 417 ON C1981 CAIRNS FOR THE GASPARIN GROUP .........................................121

    P Cohen | 18/46/3 | #4807503 BATES / SCHILLING 1. That Council gives its in-principle support to the concept of the formal

    outdoor dining/restaurant structures located outside the refurbishment of 69 Abbott Street, Cairns on the following grounds:

    a. the outdoor dining concept will enhance the use of Abbott Street in this

    locality, in-line with other private investment works in this location; b. the works and use of the extended footpath area will promote a vibrant

    street front that extends from a new restaurant with substantial indoor dining capacity;

    c. the design is complementary to the tropical architecture expressed within the Cairns CBD; and

    d. the works are to be carried out by a single proponent without the support of Council.

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    2. That the design of the outdoor dining structures ensures: a. an at-grade build out of the footpath is established with the current suite

    of finishes rather than a deck; b. a maximum of five car parking spaces are removed; c. that a common loading zone for a number of Abbott Street businesses is

    not impeded; d. cyclists have sufficient space between the edge of the road and the kerb; e. drainage capacity and flow in the vicinity of the development is

    maintained; f. an integrated design for Abbott Street between the intersection of

    Spence Street and The Keeble Building (75-77 Abbott Street) is prepared to facilitate an appropriate use of the road, parking and loading zones.

    3. That all necessary approvals are obtained prior to commencement of any

    works on the footpath or outdoor dining structures. 4. That the proponent be advised that Council is currently reviewing its policy

    on outdoor dining structures associated with the Shields Street Project and that this process and associated industry and community feedback on the project will be used to inform its assessment of an application for this structure once received.

    carried

    5. ADDENDUM TO PARKING INFRASTRUCTURE AGREEMENT – CAIRNS AQUARIUM & REEF RESEARCH CENTRE – 122B LAKE STREET CAIRNS CITY – DIVISION 5 .............................................137

    Danny Favier | 8/8/1287 | #4810349v3 BATES / SCHILLING That Council endorses the proposed Addendum to the Parking Infrastructure Agreement for the Cairns Aquarium and Reef Research Centre and delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to negotiate, finalise and execute the final Addendum. carried

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    CLOSED SESSION BATES / SCHILLING COUNCIL RESOLVED TO MOVE INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA:

    1. PREJUDICIAL MATTER - POTENTIAL PURCHASE OF LAND FOR TRANSFER STATION - DIVISION 5 .................................................. 3

    Lisa Dendle | 19/8/3 -01 | #4608968v3

    2. PREJUDICIAL MATTER - RESOURCE AND PERFORMANCE AGREEMENT – TOURISM TROPICAL NORTH QUEENSLAND’S QUARTERLY REPORT – JANUARY TO MARCH 2015 .................... 9

    A. Finocchiaro | 1/8/8 | #4796186

    3. PREJUDICIAL MATTER - INDUSTRY DEVELOPMENT FUND ACQUITTAL – TRADELINKED CAIRNS & PNG SUPPLY CHAIN DEVELOPMENT BETWEEN CAIRNS REGION AND PAPUA NEW GUINEA ............................................................................................ 25

    Sarah Palmer | 1/8/4 | #4811790v2 carried OUT OF CLOSED SESSION COUNCIL RESOLVE TO MOVE OUT OF CLOSED SESSION BATES / O’HALLORAN carried RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

    1. PREJUDICIAL MATTER - POTENTIAL PURCHASE OF LAND FOR TRANSFER STATION - DIVISION 5 .................................................. 3

    Lisa Dendle | 19/8/3 -01 | #4608968v3 BATES / SCHILLING That Council: 1. Proceeds to purchase a parcel of land for potential expansion of the existing

    Portsmith Transfer Station;

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    2. Delegates authority to the Chief Executive Officer in accordance with the

    Local Government Act 2009 to negotiate and finalise any and all matters associated with the purchase of the subject area; and

    3. Notes a further open session report will be tabled at a Council Meeting

    immediately following settlement to report on the finalisation of the contract. carried with Councillor Manning voting against the motion

    2. PREJUDICIAL MATTER - RESOURCE AND PERFORMANCE AGREEMENT – TOURISM TROPICAL NORTH QUEENSLAND’S QUARTERLY REPORT – JANUARY TO MARCH 2015 .................... 9

    A. Finocchiaro | 1/8/8 | #4796186 COOPER / O’HALLORAN That Council notes Tourism Tropical North Queensland’s Interim Quarterly Report for the period January-March 2015, in accordance with the 2014-2017 Resource and Performance Agreement. carried

    3. PREJUDICIAL MATTER - INDUSTRY DEVELOPMENT FUND ACQUITTAL – TRADELINKED CAIRNS & PNG SUPPLY CHAIN DEVELOPMENT BETWEEN CAIRNS REGION AND PAPUA NEW GUINEA ............................................................................................ 25

    Sarah Palmer | 1/8/4 | #4811790v2 SCHILLING / O’HALLORAN

    That Council notes the acquittal of the Tradelinked Cairns & PNG Supply Chain development project. carried THE MEETING CLOSED AT 9.28 AM CONFIRMED THIS 26th DAY OF August 2015 ……………………………………. MAYOR

    …………………………………… CHIEF EXECUTIVE OFFICER