CAIRNS REGIONAL COUNCIL ORDINARY MEETING...Mar 28, 2018 · Councillor James left the meeting 9:08 a.m. The Chief Executive Officer, Mr Andrejic called for nominations to chair the

CAIRNS REGIONAL COUNCIL

ORDINARY MEETING

28 MARCH 2018

9:00 A.M.

PRESENT: Cr R Bates Cr L Cooper Cr T James (Chairperson) Cr B Moller Cr B Olds Cr M O’Halloran Cr J Richardson Cr J Schilling Cr C Zeiger APOLOGY: Cr B Manning OFFICERS:

J Andrejic Chief Executive Officer B Gardiner General Manager Infrastructure Services K Reaston General Manager Planning & Environment G O’Byrne General Manager Water & Waste L Kirchner General Manager Community, Sport & Cultural Services L Whitton Chief Financial Officer N Masasso Executive Project Officer R Holmes Manager Marketing &Communications L Guy Media Coordinator P Boyd Manager Strategic Planning and Approvals G Boyd Manager Regulatory Services S Godkin Minute Secretary

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TABLE OF CONTENTS

APOLOGY ....................................................................................................................... 4 CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST ................................. 4 PURPOSE OF MEETING ................................................................................................ 5

CONFIRMATION OF MINUTES OF ORDINARY MEETING 28/2/18 ............................. 5

CONFIRMATION OF THE MINUTES OF THE PLANNING & ENVIRONMENT COMMITTEE MEETING – 14/3/18 .................................................................................. 6

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE WATER & WASTE COMMITTEE – 21/3/18 .................................... 6

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE INFRASTRUCTURE SERVICES COMMITTEE – 21/3/18 ............... 6

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE GOVERNANCE COMMITTEE MEETING – 21/3/18 ........................ 6

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE SPORT AND COMMUNITY SERVICES COMMITTEE MEETING – 21/3/18 ............................................................................................................................ 7

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE CULTURAL SERVICES COMMITTEE MEETING – 21/3/18 ........... 7

AGENDA ITEMS AS LISTED

1. MATERIAL CHANGE OF USE – MULTIPLE DWELLING AND FOOD & DRINK OUTLET – 89-95 ARLINGTON ESPLANADE & 5-7 CLIFTON ROAD, CLIFTON BEACH – DIVISION 9 ................................................................ 8

Katherine Wilson | 8/7/4137 | #5699497v2

2. RECONFIGURING A LOT (1 LOT INTO 8 LOTS AND BALANCE LOT) – 67-99 BRINSMEAD ROAD, BRINSMEAD – DIVISION 6 ...................................... 9

Michelle Henderson | 8/35/131 | #5552446

3. CAIRNS CITY CENTRE MASTER PLAN – FIRST STAGE OF ENGAGEMENT .................................................................................................... 19

Debbie Wellington | 63/1/97 | #5708537

Minutes – Ordinary Meeting 28 March 2018 #5711074

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4. DRAFT CAIRNS REGIONAL COUNCIL ECONOMIC DEVELOPMENT STRATEGY 2018-2022 ............................................................ 20

Nick Masasso | 1/3/37 | #DM5692748

5. CHIEF EXECUTIVE OFFICER'S STRATEGIC MONTHLY REPORT .................. 20 John Andrejic | 1/3/37 | #4439510v40

GENERAL BUSINESS

1. APOLOGY BY COUNCILLOR BATES TO COUNCIL ......................................... 21

2. SALTWATER CROCODILES ............................................................................... 21

3. FINE IMPOSED BY THE REMUNERATION TRIBUNAL ON CR BATES ........... 21

CLOSED SESSION

1. PREJUDICIAL MATTER - MATURING THE INFRASTRUCTURE PIPELINE PROGRAM 2 (MIPP2) ......................................................................... 22

Nick Masasso | 1/3/37 | #5706951

2. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL - PCS12709 – CONTRACT 75487 - EARLVILLE SEWERAGE UPGRADE STAGE 1 ............................................................................................................... 23

C Ryan | 63/6/59 | #5657554


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APOLOGY Council notes the apology of Councillor Manning and grants leave of absence. CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST Cr Moller informed the meeting that those Councillors elected as members of the Unity Team comprising Councillors Manning, Schilling, James, Bates, O’Halloran, Richardson and himself may have a perceived conflict of interest as defined by Section 173 of the Local Government Act 2009 in relation to the following items: 1) Item 1 in Open session – Material Change of Use – Multiple Dwelling and Food &

Drink Outlet – 89-95 Arlington Esplanade & 5-7 Clifton Road, Clifton Beach – Division 9 due to the Unity Team receiving an electoral donation from members of the proponents consulting team

2) Item 2 in Open session – Reconfiguring a Lot (1 lot into 8 lots and balance lot) –

67-99 Brinsmead Road, Brinsmead – Division 6 due to the Unity Team receiving an electoral donation from members of the proponents consulting team

3) Item 3 in Open session – Cairns City Centre Master Plan – First Stage of

Engagement due to the Unity Team receiving an electoral donation from consultants assisting Council.

He has determined that these personal interests are not of sufficient significance that it might lead to making decisions on these matters that are contrary to the public interest. He will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in these discussions and voting on these matters. Councillor Schilling informed the meeting that he may have the same perceived conflicts of interest as those described by Councillor Moller. He has also determined that these personal interests are not of sufficient significance that they might lead to making decisions on these matters that are contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in these discussions and voting on these matters. Councillor James informed the meeting that he may have the same perceived conflicts of interest as those described by Councillor Moller for items 2 and 3 only. He has also determined that these personal interests are not of sufficient significance that they might lead to making decisions on these matters that are contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in these discussions and voting on these matters.


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Councillor James declared a perceived conflict of interest in Item 1 in Open session – Material Change of Use – Multiple Dwelling and Food & Drink Outlet – 89-95 Arlington Esplanade & 5-7 Clifton Road, Clifton Beach – Division 9 due to his company JB Design providing initial advice to the applicant on a previous iteration of this project but having no involvement in the current application and due to a rental agreement with a member of the proponents consulting team and his step daughter being employed by that member. He left the meeting and did not participate in the debate or vote on this matter. Councillor Bates informed the meeting that he may have the same perceived conflicts of interest as those described by Councillor Moller. He has also determined that these personal interests are not of sufficient significance that they might lead to making decisions on these matters that are contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in these discussions and voting on these matters. Councillor O’Halloran informed the meeting that he may have the same perceived conflicts of interest as those described by Councillor Moller. He has also determined that these personal interests are not of sufficient significance that they might lead to making decisions on these matters that are contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in these discussions and voting on these matters. Councillor Richardson informed the meeting that she may have the same perceived conflicts of interest as those described by Councillor Moller. She has also determined that these personal interests are not of sufficient significance that they might lead to making decisions on these matters that are contrary to the public interest. She honestly believes she will best perform her duty of serving the overall public interest of the whole of the Cairns regional area by participating in these discussions and voting on these matters. PURPOSE OF MEETING To consider the matters listed on the agenda.

CONFIRMATION OF MINUTES OF ORDINARY MEETING 28/2/18 SCHILLING / MOLLER That the Minutes of the Ordinary Meeting held on Wednesday, 28 February 2018 be confirmed. carried unanimously


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CONFIRMATION OF THE MINUTES OF THE PLANNING & ENVIRONMENT COMMITTEE MEETING – 14/3/18 SCHILLING / OLDS That the Minutes of the Planning and Environment Committee Meeting held on Wednesday, 14 March 2018 be confirmed. carried unanimously

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE WATER & WASTE COMMITTEE MEETING – 21/3/18 BATES / O’HALLORAN That the reports and recommendations of the Water & Waste Committee held on Wednesday, 21 March 2018 be adopted. carried unanimously

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE INFRASTRUCTURE SERVICES COMMITTEE MEETING – 21/3/18 SCHILLING / ZEIGER That the reports and recommendations of the Infrastructure Services Committee held on Wednesday, 21 March 2018 be adopted. carried unanimously

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE GOVERNANCE COMMITTEE MEETING – 21/3/18 MOLLER / SCHILLING That the reports and recommendations of the Governance Committee held on Wednesday, 21 March 2018 be adopted. carried unanimously


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CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE SPORT AND COMMUNITY SERVICES COMMITTEE MEETING – 21/3/18 ZEIGER / RICHARDSON That the reports and recommendations of the Sport and Community Services Committee held on Wednesday, 21 March 2018 be adopted. carried unanimously

CONSIDERATION OF REPORTS AND RECOMMENDATIONS CONTAINED IN MINUTES OF THE CULTURAL SERVICES COMMITTEE MEETING – 21/3/18 COOPER / RICHARDSON That the reports and recommendations of the Cultural Services Committee held on Wednesday, 21 March 2018 be adopted. carried unanimously Councillor James left the meeting 9:08 a.m. The Chief Executive Officer, Mr Andrejic called for nominations to chair the meeting in Cr James absence. MOLLER / RICHARDSON That Councillor Schilling be appointed to chair the meeting in Councillors James absence. carried unanimously Cr Schilling assumed the chair


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1. MATERIAL CHANGE OF USE – MULTIPLE DWELLING AND FOOD & DRINK OUTLET – 89-95 ARLINGTON ESPLANADE & 5-7 CLIFTON ROAD, CLIFTON BEACH – DIVISION 9 .............................................. 4

Katherine Wilson | 8/7/4137 | #5699497v2 Cr Moller informed the meeting that those Councillors elected as members of the Unity Team comprising Councillors Manning, Schilling, James, Bates, O’Halloran, Richardson and himself may have a perceived conflict of interest as defined by Section 173 of the Local Government Act 2009 in relation to this item. He has determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. He will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter. Councillor Schilling informed the meeting that he may have the same perceived conflict of interest as that described by Councillor Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter. Councillor James declared a perceived conflict of interest in this item due to his company JB Design providing initial advice to the applicant on a previous iteration of this project but having no involvement in the current application and due to a rental agreement with a member of the proponents consulting team and his step daughter being employed by that member. He left the meeting and did not participate in the debate or vote on this matter. Councillor Bates informed the meeting that he may have the same perceived conflict of interest as that described by Councillor Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter. Councillor O’Halloran informed the meeting that he may have the same perceived conflict of interest as that described by Councillor Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter. Councillor Richardson informed the meeting that she may have the same perceived conflict of interest as that described by Councillor Moller. She has also determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. She honestly believes she will best perform her duty of serving the overall public interest of


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the whole of the Cairns regional area by participating in this discussion and voting on this matter. OLDS / RICHARDSON That Council refuse the development application for Multiple Dwelling and Food & Drink Outlet over land described as Lots 10-12 on RP712039, Lots 1-2 on RP717363, located at 89-95 Arlington Esplanade and 5-7 Clifton Road, Clifton Beach on the following grounds: 1. The proposed Multiple Dwelling is in conflict with the Purpose of Medium

Density Residential Zone Code in that the development does not achieve the medium residential density, scale or character of the area;

2. The proposed Multiple Dwelling is in conflict with Performance Outcome 1 of

the Medium Density Residential Zone Code in that the height of the development is not in keeping with the amenity of adjoining premises and the residential character and amenity of the area;

3. The proposed Multiple Dwelling is in conflict with Performance Outcome 7 of

the Medium Density Residential Zone Code in that the development will adversely affect the residential character and amenity of the area;

4. The proposed Multiple Dwelling is in conflict with the Purpose of the Multiple

Dwelling and Short-term Accommodation Code in that the development is not compatible with and complementary to surrounding development, with regard to scale, bulk and streetscape patterns; and

5. The proposed Food and Drink Outlet is intrinsically linked with the design of

the Multiple Dwelling and a substantially different development would result in absence of the Multiple Dwelling aspect.

carried unanimously Cr James returned 9:11 a.m. and assumed the chair

2. RECONFIGURING A LOT (1 LOT INTO 8 LOTS AND BALANCE LOT) – 67-99 BRINSMEAD ROAD, BRINSMEAD – DIVISION 6 ................. 38

Michelle Henderson | 8/35/131 | #5552446 Cr Moller informed the meeting that those Councillors elected as members of the Unity Team comprising Councillors Manning, Schilling, James, Bates, O’Halloran, Richardson and himself may have a perceived conflict of interest as defined by Section 173 of the Local Government Act 2009 in relation to this item. He has determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. He will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter.


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Councillor Schilling informed the meeting that he may have the same perceived conflict of interest as that described by Councillor Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter. Councillor James informed the meeting that he may have the same perceived conflicts of interest as those described by Councillor Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter. Councillor Bates informed the meeting that he may have the same perceived conflict of interest as that described by Councillor Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter. Councillor O’Halloran informed the meeting that he may have the same perceived conflict of interest as that described by Councillor Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter. Councillor Richardson informed the meeting that she may have the same perceived conflict of interest as that described by Councillor Moller. She has also determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. She honestly believes she will best perform her duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter. COOPER / SCHILLING A. That Council approves the development application for Reconfiguring a Lot

(1 Lot into 8 Residential Lots, Reserve Lot, Noise Barrier Lot and New Road) over land described as Lot 30 on SP281326, located at 67-99 Brinsmead Road, Brinsmead, subject to the following:


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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 Proposed Reconfiguration Drawing no 34109_002 C

prepared by Brazier Motti (Council ref no 5550858)

5 Sept 2017

Proposed Setback Plan (Building Envelope Plan)

Drawing no 34109/006 A prepared by Brazier Motti (Council ref no 5630140)

6 Dec 2017

Assessment Manager Conditions

1. This approval, granted under the provisions of the Planning Act 2016,

shall lapse six (6) years from the day the approval takes effect in accordance with the provisions of Section 85of the Planning Act 2016.

2. 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

3. The conditions of the Development Permit must be effected prior to Council approval of the Plan of Survey, except where specified otherwise in these conditions of approval.

Operational Works

4. Development Approval for Operational Works is required for all internal and external earth works, civil works including, but not limited to road, water, sewerage and drainage works, weed management and land remediation, practical access and landscape works associated with the development. Such works must be completed to the satisfaction of the Chief Executive Officer prior to Council approval of the Plan of Survey.

Water Supply Works Internal 5. Undertake the following water supply works internal to the subject land:

a. Extend the water main such that the development can be provided with a water service connection.


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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 Council approval of the Plan of Survey.

Water Supply and Sewerage Works Internal

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

a. Provide a single internal sewer connection to each lot in

accordance with the FNQROC Development Manual;

b. Extend water mains such that each allotment can be provided with a water service connection to the lot frontage;

c. Provide easements having a nominal width of 3m over sewers

which are on a non-standard alignment. 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 Council approval of the Plan of Survey.

Inspection of Sewers

7. CCTV inspections of all constructed 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 Council approval of the Plan of Survey.

8. 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 Council approval of the Plan of Survey.


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Damage to Infrastructure

9. In the event that any part of Council’s existing; water, road, or stormwater infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to: mobilisation of heavy construction equipment, stripping and grubbing the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s/owners/builders cost, prior to Council approval of the Plan of Survey.

Sewer Easement

10. Create an easement in favour of Council over sewers on non-standard alignments 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 Council approval of the Plan of Survey and must be lodged and registered with the Department of Natural Resources and Mines in conjunction with the Plan of Survey.

Vegetation Clearing

11. Existing vegetation on the subject land must be retained in all areas except those affected by construction of road works / access driveways and/or installation of services as detailed on the approved plans as stated in this approval. Any further clearing requires a Development Permit for Operational Works.

Building Envelope and Lot Access Plan

12. The Applicant shall submit for endorsement and approval by Council a lot based Building Envelope and Lot Access Plan for each of the identified lots prior to the issue of a Compliance Certificate for a Plan of Survey including a relevant lot. The Building Envelope Plan and Lot Access Plan shall illustrate and/or comply with the following requirements:

a. Setbacks for lots 2-7 as per the approved plan;

b. Setbacks for lot 1 comprising: 6 metres Brinsmead Road, Brinsmead Terrace and the internal road; 2 metres to the side boundary;

c. Setbacks for lot 8 comprising: 6 metres Brinsmead Road and the

internal road; 2 metres to the side boundary; 6 metres to the rear boundary;


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d. No vehicular between the approved lots and Brinsmead Terrace; and

e. Identify lot access locations for Lots 2 and 3 from the internal road

demonstrating that the driveways provide required sight distance and intersection separation.

The Applicant/Owner/Developer must ensure that the endorsed

Building Envelope and Lot Access Plans are made known to all prospective purchasers of the lots.

Land Dedication

13. Lot 900 as identified on the approved plan of development must be

transferred to Council as freehold land for town planning purposes at the time of registration of the Plan of Survey. A copy of the transfer documents must be submitted to Council's solicitors, at no cost to Council, at the time of lodgement of the Plan of Survey for endorsement.

Weed Mediation and Land Remediation Plan

14. A Weed Management and Land Remediation Plan for Class 1-3 Pest

Plants, prepared in accordance with AP1.34 ‘Pest Plant Management’ of the FNQROC Development Manual is to be submitted for approval by Council, in conjunction with a development permit for Operational Works. The weed removal/land remediation must be completed in accordance with the approved Weed Management and Land Remediation Plan and to the satisfaction of the Chief Executive Officer prior to Council approval of the Plan of Survey.

15. Practical access must be constructed to Lot 900 from Brinsmead

Terrace. Design of the practical access must be provided at the time of lodgement of the application for Operational Works and completed prior to Council approval of the Plan of Survey.

Stormwater Drainage

16. The development is to be carried out in accordance with the stormwater drainage recommendations and conclusions outlined in the engineering report prepared by Trinity Engineering and Consulting (31 March 2017), specifically, the requirements as outlined in Section 6 of this report.


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Lawful Point of Discharge

17. The applicants/owners must ensure that the flow of all external stormwater from each lot is 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.

Ponding and/or Concentration of Stormwater

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

Internal Access and Road Works

19. The new access place must be designed and constructed in accordance with Council’s FNQROC Development Manual.

20. The grade of the turnaround should be in accordance with FNQROC

Development Manual and Queensland Streets and suitable for garbage vehicles.

21. The applicant is to design and construct kerb and channel along the

north side of Brinsmead Terrace from the existing kerb and channel to the east of the site to the new access street.

22. The applicant is to demonstrate that sightlines can be achieved in

accordance with relevant standards at the intersection of the access street with Brinsmead Terrace. The assessment should give consideration to both the horizontal and vertical alignment at the intersection.

23. The maximum grade for a cross-over is 2.5% across the verge. Any

ramping to access properties must be contained within the lot boundary.

24. Construct a crossover and concrete driveway or other approved

surface to battle axe Lot 1 as per the locations indicated on the approved Plans of Development. The driveway shall extend from the new road for the full length of the access handle.

The driveway for the battle axe Lot 1 must be designed and constructed

generally in accordance with the FNQROC Development Manual Standard Drawing S1110D.

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.


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All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer, prior to Council approval of the Plan of Survey.

Street Lighting

25. Street lighting in Brinsmead Terrace is to be upgraded to Lighting Category P4 for a minimum of 2 spans east of the intersection of the new road and Brinsmead Terrace and 1 span to the west. The new Rate 2 street lighting 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 and underground service.

26. The following arrangements for the installation of street lighting within

the proposed subdivision must be provided prior to Council approval of the Plan of Survey:

a. Prior to the issue of a development permit for Operational Works a

Rate 2 lighting scheme is to be prepared by an Ergon Energy approved consultant and submitted to the Chief Executive Officer for approval. The Rate 2 lighting scheme is to be designed in accordance with the relevant Road Lighting Standard AS/NZS 1158 and the FNQROC Development Manual.

The applicable lighting category is to be determined from the Road

Hierarchy Table D1.1 and the corresponding applicable Lighting Categories Table D8.1 as identified in the FNQROC Development Manual.

The lighting scheme must show light pole locations that align with

property boundaries that represent the permitted design spacing and demonstrates no conflicts with stormwater, driveways, kerb inlet pits and other services.

b. The design must provide the applicable illumination level specified

in the Road Lighting Standard AS/NZS 1158 at the following road elements:

i. Intersections ii. Turn around/ Cul-de-sacs

27. Prior to Council approval of the Plan of Survey written confirmation that the relevant capital contribution required by Ergon Energy has been paid must be submitted, to ensure that the street lighting will be constructed.


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Electricity and Telecommunications

28. The HV/LV electrical reticulation supplying the development must be an underground network. Where an overhead network exists it must be placed underground by Ergon Energy or its approved contractor at the applicant’s expense.

29. 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, prior to Council approval of the Plan of Survey. A pole mount transformer would not be acceptable to Council.

30. A copy of this Decision Notice must be provided to Ergon Energy at the

same time as the application for power supply. Geotechnical Report

31. A geotechnical assessment must be carried out by a qualified and experienced geotechnical consultant for the works associated with the creation of the lots and access place. The geotechnical report is to be lodged with the application for a Development Permit for Operational Works, with a final geotechnical report endorsed by the Chief Executive Officer prior to Council approval of the Plan of Survey.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

SARA 1709-1712 SRA 6/11/2017 5599186 Refer to Appendix 3: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). B. That the following Rates Notations be placed on the rates file for lots 1-8:

Building Envelope and Lot Access

1. The future dwelling and outbuildings must be sited within the building envelope as detailed on the Building Envelope Plan held by Council. Vehicular access to the site is limited to that shown no the Building Envelope Plan and Lot Access Plan which is available from Council's Planning Department. Access to the lot is only permitted via the internal road within the development. Access from Brinsmead Terrace is not permitted.


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Proximity to State Controlled Road

2. The property is located within the Major Transport Buffer within the Transport Network – Road Hierarchy Overlay, with Brinsmead Road being a State Controlled Road. Future residential buildings may be subject to noise reduction requirements due to being located within/adjacent to a transport noise corridor.

Geotechnical Report

3. The lot is sloping and may be impacted by a number of CairnsPlan 2016

Overlays, including the Hillslopes Overlay and the Potential Landslip Hazard Overlay. Future development of the site for a Dwelling House triggers the need for a Code Assessable Material Change of Use application to be made to Council. Such application is to be accompanied by a site and design specific geotechnical report.

ADVICE 1. 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.

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

relevant Local Laws and other statutory requirements. Infrastructure Charges Notice 3. A charge levied for the supply of trunk infrastructure is payable to Council

towards the provision of trunk infrastructure in accordance with the Infrastructure Charges Notice. The original Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Infrastructure Charges Notice has been calculated according to Council’s Infrastructure Charges Resolution. Please note that this Decision Notice and the Infrastructure Charges Notice are stand-alone documents. The Planning Act 2016 confers rights to make representations and appeal in relation to a Decision Notice and an Infrastructure Charges Notice separately.

The amount in the Infrastructure Charges Notice is subject to index adjustments and may be different at the time of payment. Please contact the Planning Approvals Team at council for review of the charge amount prior to payment.The time when payment is due is contained in the Infrastructure Charges Notice.


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4. For information relating to the Planning Act 2016 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.

carried unanimously

3. CAIRNS CITY CENTRE MASTER PLAN – FIRST STAGE OF ENGAGEMENT ................................................................................. 71

Debbie Wellington | 63/1/97 | #5708537 Cr Moller informed the meeting that those Councillors elected as members of the Unity Team comprising Councillors Manning, Schilling, James, Bates, O’Halloran, Richardson and himself may have a perceived conflict of interest as defined by Section 173 of the Local Government Act 2009 in relation to this item. He has determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. He will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter. Councillor Schilling informed the meeting that he may have the same perceived conflict of interest as that described by Councillor Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter. Councillor James informed the meeting that he may have the same perceived conflicts of interest as those described by Councillor Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter. Councillor Bates informed the meeting that he may have the same perceived conflict of interest as that described by Councillor Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter. Councillor O’Halloran informed the meeting that he may have the same perceived conflict of interest as that described by Councillor Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. He honestly believes he will best perform his duty of serving the overall public interest of


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

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

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the whole of the Cairns regional area by participating in this discussion and voting on this matter. Councillor Richardson informed the meeting that she may have the same perceived conflict of interest as that described by Councillor Moller. She has also determined that this personal interest is not of sufficient significance that it might lead to making a decision on this matter that is contrary to the public interest. She honestly believes she will best perform her duty of serving the overall public interest of the whole of the Cairns regional area by participating in this discussion and voting on this matter. O’HALLORAN / SCHILLING That Council proceed with the first stage of engagement for the Cairns City Centre Master Plan. carried unanimously

4. DRAFT CAIRNS REGIONAL COUNCIL ECONOMIC DEVELOPMENT STRATEGY 2018-2022 .......................................... 74

Nick Masasso | 1/3/37 | #DM5692748 MOLLER / SCHILLING That Council endorses the Draft Cairns Regional Council Economic Development Strategy 2018-2022 and authorises its public release for comment and consultation. carried unanimously

5. CHIEF EXECUTIVE OFFICER'S STRATEGIC MONTHLY REPORT... 79 John Andrejic | 1/3/37 | #4439510v40 SCHILLING / O’HALLORAN That Council notes the report. carried unanimously


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GENERAL BUSINESS

1. APOLOGY BY COUNCILLOR BATES TO COUNCIL BATES On 21 February 2018 the Remuneration Tribunal ordered that he apologise to Council for disclosing in an open Council meeting the amount of Council’s contribution to the cost of last year’s Elton John Concert. He wished to make it clear that in doing so his intentions were about highlighting the need for, and lack of support for youth musical events. However he recognised his revelation of a funding amount in open session was improper and that Saturday Nights Alright in regard to the Elton John concert of September 30 last year. While Sorry Seems To Be The Hardest Word for some I unreservedly apologise for my Rocket Man moment within this chamber in February of last year.

2. SALTWATER CROCODILES OLDS / RICHARDSON That Council write to the State Minister for the Environment, Leanne Enoch, to request that the State investigate changing the status of Saltwater Crocodiles (Crocodylus porosus) from ‘vulnerable’ to ‘least concern’ under the Nature Conservation (Wildlife) Regulations (2006). carried unanimously

3. FINE IMPOSED BY THE REMUNERATION TRIBUNAL ON CR BATES MOLLER / BATES That the $500 fine be donated to the Mayors Charity Appeal. carried unanimously


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

1. PREJUDICIAL MATTER - MATURING THE INFRASTRUCTURE PIPELINE PROGRAM 2 (MIPP2) ......................................................... 3

Nick Masasso | 1/3/37 | #5706951

2. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL - PCS12709 – CONTRACT 75487 - EARLVILLE SEWERAGE UPGRADE STAGE 1 – ITEM WITHDRAWN .......................................................... 6

C Ryan | 63/6/59 | #5657554 carried unanimously OUT OF CLOSED SESSION COUNCIL RESOLVED TO MOVE OUT OF CLOSED SESSION OLDS / MOLLER carried unanimously RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

1. PREJUDICIAL MATTER - MATURING THE INFRASTRUCTURE PIPELINE PROGRAM 2 (MIPP2) ......................................................... 3

Nick Masasso | 1/3/37 | #5706951 SCHILLING / MOLLER That Council: 1 Submits funding applications under the Department of State Development,

Manufacturing, Infrastructure and Planning’s Maturing the Infrastructure Pipeline Program 2 for the following activities:

a) Wangetti Trail – detailed design and business case/feasibility b) Cairns Gallery Precinct – business case preparation c) A Renewed Esplanade Parklands – strategic planning


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d) Water Mains Infrastructure Planning – strategic planning e) Organics Management Strategy – strategic planning f) Resource Recovery Infrastructure Road Map – strategic planning

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

Local Government Act 2009 to negotiate and finalise all matters relating to the funding applications.

carried unanimously

2. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL - PCS12709 – CONTRACT 75487 - EARLVILLE SEWERAGE UPGRADE STAGE 1 ............................................................................................. 6

C Ryan | 63/6/59 | #5657554 ITEM WITHDRAWN THE MEETING CLOSED AT 9:49 AM CONFIRMED THIS 24th DAY OF April 2018 ……………………………………. MAYOR

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


Documents

CAIRNS REGIONAL COUNCIL ORDINARY MEETING...Mar 28, 2018 · Councillor James left the meeting 9:08 a.m. The Chief Executive Officer, Mr Andrejic called for nominations to chair the