Minute Manager 2 - Cassowary Coast Region · 2013. 9. 16. · Metricon Innisfail Partnership Pty Ltd - MCU-347/4 - Coquette Point Road and River Road, Innisfail - Request to Change

LOCAL GOVERNMENT MEETING

14 April 2011

MINUTES

Cr Bill Shannon

Cr Ross Sorbello

Cr Carmel Silvestro

Cr Jennifer Downs

Cr Mark Nolan

Cr Ian Rule

Cr Bill Horsford

Mayor

Division 1

Division 2

Division 3

Division 4

Division 5

Division 6

Please find attached, minutes for the Local Government Meeting to be held in the Johnstone Shire Hall - Level 2 Board Room, 70 Rankin Street, Innisfail commencing at 9.00am. Terry Brennan CHIEF EXECUTIVE OFFICER

MINUTES

9.00am Opening Prayer by Reverend Glenn Louttit, Uniting Church of

Innisfail on behalf of the Innisfail Council of Clergy 9.30am - 10.00am Presentation by Professor Richard Murray, Dean of the

School of Medicine and Dentistry - JCU Accommodation 10.00am – 10.30am Morning Tea 12.15pm – 1.00pm Lunch

1. ..................................................................................... 2 CONFIRMATION OF MINUTES1.1 ................................................. 2 Minutes of Local Government Meeting, 24 March 2011

2. ................................................................................................. 3 RECEIPT OF MINUTES2.1

..................................................................................................................... 3 Minutes of Local Authority Waste Management Committee (LAWMAC) Meeting, 4 March 2011

3. ..................................................................... 3 BUSINESS FROM PREVIOUS MINUTES

7. ...................................................................................... 4 PLANNING & ENVIRONMENT7.2

........................................................................................... 4

DA009/08J - 1RP705584, 2SP161114, 3NR6216 & 4RP705579 - Preliminary Approval to Override the Planning Scheme seeking Use Rights in accordance with the Development Guidelines

6. ................................................................................................................ 56 COMMUNITY6.2 ............................................................................ 56 Cowley Beach Vehicle Access Track6.1 ..................................................................................................... 57 Community Gardens

4. ............................................................................................................ 58 MANAGEMENT4.1 ......................................................... 58 Cyclone Yasi Recovery - NDRRA Arrangements4.2

............................................................................................... 58 Australian Local Government Women's Association (Qld) 2011 Conference, Gold Coast, 27 - 29 July 2011

5. ........................................................................................................................ 59 WORKS5.1 ................................................ 59 Innisfail Sewerage Treatment Plant Upgrade Progress5.2 ........................................ 59 Jubilee Bridge Replacement and Associated Works Update5.3 ....................... 60 Tender 1011-009 Tully Sewerage Upgrade - Stage 1 Progress Report5.4 ...................................................... 60 Innisfail Water Treatment Plant Upgrade Progress5.5 ... 61 Endorsement of the Cassowary Coast Regional Council 2010 NDRRA Submission

7. ............................................................... 62 PLANNING & ENVIRONMENT (CONT'D…)7.1

..................................................................................... 62

Metricon Innisfail Partnership Pty Ltd - MCU-347/4 - Coquette Point Road and River Road, Innisfail - Request to Change an Existing Approval under s369 of the Sustainable Planning Act 2009

8. ............................................................................................................. 115 CORPORATE

9. ................................................................................................. 115 NOTICE OF MOTION9.1

......................................................................................................................... 115 Notice of Motion - Drainage flows and levels - Etty Bay Road 'Causeway' culvert system

10. ............................................................................................... 115 GENERAL BUSINESS

11. ......................................................................................................... 115 CONFIDENTIAL

Minutes – CCRC Local Government Meeting 14 April 2011

PRESENT: Crs B Shannon (Mayor), M Nolan, I Rule, J Downs, B Horsford, R Sorbello and C Silvestro and Messrs T Brennan (Chief Executive Officer), J W Pettigrew (Director Planning & Environmental Services), D Trotter (Director Works), D Horton (Manager Planning Services) and Ms J Murphy (Director Community Services), Ms A Nugent (Manager Strategic Planning), Ms J Lightfoot (Communications Officer), Ms J Sorensen (Mayor's Secretary) and Ms J Cooksley (Minutes Clerk). OPENING PRAYER: The Mayor welcomed Reverend Glenn Louttit of the Innisfail Uniting Church (on behalf of the Innisfail Council of Clergy) to the meeting and invited him to open the meeting with prayer. On completion of the blessing, Reverend Loutitt left the meeting. 9.10am Ms N Moore (Planning Officer - South), Ms S Camilleri (Planning Officer - North) and Messrs G Wilson (Manager Environmental Services) and D Sydes (A/g Manager Parks & Natural Environment) entered the meeting.

1. CONFIRMATION OF MINUTES

1.1 MINUTES OF LOCAL GOVERNMENT MEETING, 24 MARCH 2011

Recommendation:

“That the Minutes of the Local Government Meeting held on 24 March 2011 be confirmed as a true and correct record.” Moved Cr I Rule Seconded Cr C Silvestro Resolution Number 1341

"That the Recommendation be adopted."

FOR VOTE - Unanimous

CARRIED

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2. RECEIPT OF MINUTES

2.1 MINUTES OF LOCAL AUTHORITY WASTE MANAGEMENT COMMITTEE (LAWMAC) MEETING, 4 MARCH 2011

Recommendation:

“That the Minutes of the Local Authority Waste Management Committee meeting held on 04 March 2011 be received.” Moved Cr J Downs Seconded Cr C Silvestro Resolution Number 1342



CARRIED

3. BUSINESS FROM PREVIOUS MINUTES

Nil.

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7. PLANNING & ENVIRONMENT

7.2 DA009/08J - 1RP705584, 2SP161114, 3NR6216 & 4RP705579 - PRELIMINARY APPROVAL TO OVERRIDE THE PLANNING SCHEME SEEKING USE RIGHTS IN ACCORDANCE WITH THE DEVELOPMENT GUIDELINES

Executive Summary

Council is in receipt of an Application for Material Change of Use for a Preliminary Approval to Override the Planning Scheme, seeking Use Rights in accordance with the Development Guidelines. A Development Permit for Reconfiguring a Lot (3 Lots into 5 Lots) was lodged with the MCU application but has since been withdrawn due to conflicts with the Far North Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions. The application was prepared by Conics, now RPS, on behalf of Queensland Estates Pty Ltd for the establishment of Residential, Commercial, Educational, Open Space Development, in accordance with Development Guidelines on land described as Lot 2 on SP 161114; part of Lot 3 on NR 6216; Lot 4 on RP 705579; and Lot 1 on RP 705584 zoned Rural, Rural Use Precinct and on land in the Innisfail Zone, Residential Precinct being part of Lot 3 on NR 6216 situated at Bruce Highway, Riordan Road and Rifle Range Road, Innisfail. The MCU application is Impact Assessable and therefore Public Notification was required. Public Notification was undertaken twice, in October 2008 and in November 2010 and eight (8) properly made submissions were received by the Council, two (2) or which were submitted during both Public Notification periods. The application triggered referral to: Department of Main Roads (DMR) (now Department of Transport and Main Roads DTMR)

– State-Controlled Road – Concurrence Queensland Transport (QT) (now DTMR) – Schedule 3C – Concurrence Environmental Protection Agency (EPA) (now Department of Environment and Resource

Management DERM) – Coastal Management District – Concurrence EPA (now DERM) – Environmental Management Register – Concurrence EPA (now DERM) – Wetland – Advice Department of Natural Resources and Water (DNRW) (now DERM) – Remnant Vegetation

– Concurrence DNRW (now DERM) – Acid Sulfate Soils – Advice DNRW (now DERM) – Nature Conservation Act – Advice Department of Infrastructure and Planning (DIP) – Preliminary Approval – Advice. Extensive negotiations, particularly with DTMR, resulted in the MCU application being changed, under a Request to Change an Existing Application, in March 2010 which then necessitated that the MCU application revert back to the Acknowledgment Notice stage (and undergo Public Notification for a second time).

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7.2 DA009/08J - 1RP705584, 2SP161114, 3NR6216 & 4RP705579 - PRELIMINARY

APPROVAL TO OVERRIDE THE PLANNING SCHEME SEEKING USE RIGHTS IN ACCORDANCE WITH THE DEVELOPMENT GUIDELINES (CONT'D…)

At the same time significant changes were proposed to the Application for Reconfiguration.

These changes were not permitted under the Far North Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions, which were now in place, and on that basis the RoL Application was withdrawn.

The subject site is located primarily within the Regional Landscape and Rural Production Area as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031 with a small part of the site (part of Lot 3 on NR 6216) being located in the Urban Footprint. The type and form of development proposed is not supported under the Regional Landscape and Rural Production Area designation. State Planning Policy 1/02 Development and the Conservation of Agricultural Land applies to this development as part of the site is identified as Good Quality Agricultural Land (GQAL). The application was assessed accordingly and the proposed development is in conflict with the State Planning Policy. State Planning Policy 2/02 Planning and Management of Coastal Development involving Acid Sulfate Soils applies to this development as part of the site is identified as being below 5 metres AHD. The application was assessed accordingly and the applicant is of the view that the proposed development can be conditioned to comply with the State Planning Policy. State Planning Policy 1/03 Mitigating the Adverse Impacts of Flood, Bushfire and Landslide applies to this development as part of the site is identified as Flood Prone. The application was assessed accordingly. A Flood Study submitted with the Application, assessed generalised flooding impacts but not localised flooding impacts. However, the applicant is of the view that the proposed development can be conditioned to comply with the State Planning Policy. The application is noncompliant with the Johnstone Shire Council Planning Scheme 2005 and the proposed development is not contemplated within the life of the Planning Scheme. The proposed development is also generally non compliant with the Far North Queensland Regional Plan 2009-2031. There are no grounds to support the approval of the entire application not withstanding these conflicts. However, support for one specific component of the development, being a Home Maker Centre, in the form of a Preliminary Approval can be granted.

Recommendation:

"In relation to the Development Application for Material Change of Use - Preliminary Approval to Override the Planning Scheme, Seeking Use Rights in Accordance with the Development Guidelines prepared by RPS, dated August 2010 and development as shown on RPS Drawing No 9226 – 18 C dated 3-10-2010, relating to land described as Lot 3 on NR 6216, Lot 2 on SP 161114, Lot 4 on RP 705579 and Lot 1 on RP 705584, situated at the Bruce Highway, Riordan Road and Rifle Range Road, Innisfail, Parish of Mourilyan: 1. A Preliminary Approval be issued for that part of the Retail/Commercial Precinct

shown on the attached Annotated Extract of RPS Drawing No 9226-18 C dated 3-10-2010 (Attachment 2) and as illustrated on the Annotated Site Layout Plan (Attachment 3),subject to the following conditions:

(a) That part of the Retail/Commercial Precinct described above is to be

developed for a Home Maker Centre (Big Box/Large Format Retail).

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(b) The Development Guidelines submitted by the applicant and prepared by RPS,

dated August 2010, do not apply to the development of that part of the Retail/Commercial Precinct described above for a Home Maker Centre.

(c) For the purposes of the development of that part of the Retail/Commercial

Precinct described above for a Home Maker Centre the following definition of Home Maker Retail applies and is the only land use permitted in the Home Maker Centre:

“Home Maker Retail

Means the use of premises for the display and sale of goods where the retail floor area is a minimum of 600 m2 and the activity is predominately undertaken indoors. The term includes but is not limited to the retail sale of:

floor coverings, wall tiles, soft furnishings or bedding; furniture and ancillary decorative items; sizeable domestic appliances being washing machines, dishwashers,

clothes dryers, refrigerators, hot-water systems and air conditioners; household fixtures and fittings; hardware and trade supplies; and barbeques, camping goods and outdoor recreation goods. The term includes the use of the premises for ancillary storage and ancillary uses related to the primary function of the use and also includes any ancillary customer convenience facilities, up to a maximum of 50 m2 in gross floor area. The term does not include land uses commonly described as shopping centre, supermarket, shop, outdoor showroom or sales yard, large warehouse variety store or discount department store, garden centre, retail nursery, building construction depot, machinery or equipment depot, paint store, factory seconds store, and the like”.

(d) A maximum total land area of 4.5 hectares, excluding new roads, is able to be utilised for the development.

(e) A minimum lot size of one (1) hectare applies to any reconfiguration of lots

created as part of the approved development. (f) One (1) lot (the northern lot) with a minimum area of one (1) hectare and of

suitable configuration and utility to accommodate and service the proposed land use, is to be located adjacent to the existing Day Care Centre and Christian Outreach Centre.

(g) All lots (other than the northern lot) must be configured to have primary

frontage to Mourilyan Road and so as to be of suitable configuration and utility to accommodate and service the proposed land use.

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(h) One (1) new road with a minimum road reserve width of 20 metres must be

constructed to provide (separate) customer and service delivery access to any lots created as part of the approved development. This new road must access off Mourilyan Road and be located as far south as possible without compromising the intersection with the Bruce Highway. (i) Reciprocal access easements must be created to provide delivery circulation

on site for the balance area, at the time of reconfiguration into separate lots. (j) Reciprocal access easements must be created to provide internal circulation

on site for customer car parking on the balance area, at the time of reconfiguration into separate lots.

(k) Customer car parking must be provided at the time of development, to the

Mourilyan frontage of each development site and to the frontage of the new road for the northern development site.

(l) A car parking rate of one (1) space per 50m2 of net lettable area applies to the

development of each site for Home Maker Retail. (m) Each lot created as part of the development must provide a landscape strip 3

metres wide to the site frontage and a landscape strip 2 metres wide to side boundaries or any boundary with a secondary road reserve.

(n) All buildings must address Mourilyan Road frontage, or the new road frontage

for buildings on the northern lot, while being set back behind the on site customer car parking area/s.

(o) Wall signage on any building or wall is not permitted (other than the tenancy

signage referred to below in Item (p) and minor directional signage). In addition, product advertising is not permitted on the exterior of any building or wall.

(p) One (shared) pylon sign with a maximum area of 10 m2 located to the site

frontage for each development site, and one tenancy sign with a maximum area of 5 m2 located in proximity to the entrance of each premises, for each tenancy, are permitted.

(q) The Home Maker Retail development will be required to connect to the

Council’s reticulated water system (including meeting cost of any necessary upgrading and infrastructure charges) at the time of reconfiguration or prior to commencement of the use, whichever occurs first.

(r) The Home Maker Retail development will be required to provide a detailed

Engineering Report to Council for approval on proposals to provide for sewerage reticulation and treatment of all effluent generated on site. This should include connection to and any necessary upgrade of Councils reticulation system, if practicable. The cost of any agreed works and associated infrastructure charges will be the responsibility of the development and at no cost to Council. Agreement on and construction of the effluent disposal system is to be finalised at the time of reconfiguration or prior to commencement of the use, whichever occurs first.

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(s) The staging of the development of a Home Maker Centre on the approved land

only occurs in several stages, as follows: Stage 1 – a maximum of 10,000 m2 of gross floor area (which can be

developed in spatially coordinated and sequential (not fragmented) sub-stages up to the specified maximum gross floor area); and

Subsequent Stages – following justification in the form of a Needs

Assessment prepared by a suitably qualified professional and assessed and supported, in part or in full, on behalf of the Council by another suitably qualified professional.

(t) Relevant Period: The relevant period for the Preliminary Approval shall be five (5) years starting the day the approval is granted or takes effect. The Preliminary Approval lapses if an application for a Development Permit is not lodged to Council within the abovementioned relevant period.

2. All other aspects of the development application are refused on the following

grounds.

(a) The proposed development is in conflict with the Johnstone Shire Planning Scheme 2005.

(b) The proposed development does not achieve the overriding principle of the

Planning Scheme, outlined in Section 1.2.2 Strategic Framework of the Planning Scheme.

(c) The proposed development does not satisfy the following strategies outlined

in the Planning Scheme to encourage the achievement of ecological sustainability.

Maintain the predominant role of agriculture, whilst increasing diversity

within and between economic sectors. Manage the natural resources of the Shire in such a way to protect and

enhance their permanent viability and value for the lasting benefit and enjoyment of future generations, while maintaining economic and social development.

Preserve and enhance the character of urban, natural and rural areas,

including the striking scenic landscape, the relaxed and friendly lifestyle and the strong sense of community identity, which typifies the Shire.

Plan and manage the Shire in the context of its region and neighbours.

(d) The proposed development is in conflict with the Innisfail Zone, which

contains the areas identified for future expansion of the town for at least the next 15 years.

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(e) The proposed development is in conflict with the Vision for land in the

Innisfail Zone, which identifies the Central Business area as the focus for commercial and retail activity and land for new residential development.

(f) The proposed development compromises the Purpose statements for the

relevant precincts in the Innisfail Zone, as follows:

Innisfail Central Business Precinct, in particular Clauses 1 and 2. Innisfail Business Frame Precinct, in particular Clause1. Innisfail Residential Precincts, in particular Clause 2. Innisfail Recreation Precinct, in particular Clause 1.

(g) The proposed development is not contemplated within the life of the Planning

Scheme and there is no demonstrated need for the proposed development. (h) The proposed development it is in conflict with the Purpose Statement of the

Rural Zone and the Rural Use Precinct, the current zoning and precinct designations of 99% of the land, on the basis that there is no overriding need or community benefit for the proposed development.

(i) The proposed development has the potential to detrimentally impact on

localized flooding and drainage and is therefore in conflict with the Hazards Code and the Filling and Excavation Code;

(j) The proposed development is out of sequence development and is in conflict

with the Infrastructure Code. (k) The proposed development is in conflict with the Far North Queensland

Regional Plan (FNQRP) 2009-2031. Concurrence Agency Conditions: Refer to the attached Conditions issued by DTMR and DERM. Assessment Managers Advice: a) Required Approvals: A Development Permit for Material Change of Use,

Reconfiguration of Lot and Operational Works will be required, with a permit for these works issued prior to any works commencing.

b) Aboriginal Cultural Heritage: The Applicant/Owner is to ensure compliance with the

requirements of the Aboriginal Cultural Heritage Act and in particular ‘the duty of care’ that it imposes on all landowners, developers and the like."

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Moved Cr M Nolan Seconded Cr I Rule Resolution Number 1343

"That the Officer's Report dated 22 February 2011 be received. Further, that Council resolve to override the Officer's Recommendation on the following grounds: 1. There is a clear and demonstrated need for certain components of the proposed

development which cannot be satisfied by development of existing zoned areas, due to the lack of suitable land being available within those areas or due to landholders deliberately banking property for future development. These components form a critical part of our integrated long term (20+year) development, the viability of which is dependent upon overall approval.

2. Areas within the township which have been identified as being suitable for urban

expansion for the next 15 years are subject to a range of constraints, including flooding and access to services, which have to date, and are likely to continue to, preclude their development.

3. Councillors submit that the proposed development does achieve the overriding

principals outlined in section 1.2.2 (Strategic Framework) of the Planning Scheme, in that:

The proposed development will not erode the dominant role of agriculture, but

will increase diversity within and between other economic sectors, including the residential, retail and commercial sectors;

The proposed development will not only maintain but also enhance economic and

social development, without compromising the viability and value of natural resources, by providing a range of opportunities for existing and future residents, including employment, residential choice, greater retail and commercial choice and overall enhancement of residential amenity;

The proposed development will enhance the character of the Innisfail urban area, without detriment to the natural and rural character of the balance of the shire; and

The proposed development will foster the efficient, safe and convenient movement of people and goods, by providing a clearly identifiable, more efficient and safer southern entry point into the Innisfail urban area.

4. The proposed development does not conflict with the stated vision for land in the

Innisfail zone, as it will strengthen the role of the Central Business Area by arresting the loss of escape expenditure to other centres (principally Cairns) due to the current lack of commercial and retail activities not able to be accommodated within the Innisfail Central Business Area: in turn, this arrest of escape expenditure is likely to increase activity, and hence viability, of existing commercial and retail operations within the Central Business Area.

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5. The proposed development will not compromise the Purpose Statements for relevant

precincts in the Innisfail Zone as:

It will ensure the continued and improved vitality of the Central Business Precinct, by facilitating the development of a limited range of retail and commercial activities not able to be accommodated within the Central Area and thus arresting the loss of ‘escape’ expenditure to other centres (Clause 1 of the Purpose Statement for the Innisfail Central Business Precinct);

The proposed development represents the only viable option for major, large format retail/commercial development in Innisfail, as there is no opportunity to locate such development within the Central Business Precinct, despite the desire to locate such uses there (Clause 2 of the Purpose Statement for the Innisfail Central Business Precinct);

Clause 2 of the Purpose Statement for the Innisfail Residential Precinct fails to recognise that the majority of the areas identified as Greenfield sites suitable for urban expansion are so affected by one or more constraints (eg. Flooding, access to service infrastructure, access) as to preclude their development into the foreseeable future; and

The proposed development will not compromise the intent sought for the Recreation Precinct (Clause 1 of the Purpose Statement for the Innisfail Recreation Precinct), being it’s continued development as a public recreation area, given that open space/recreation areas within the subject development will primarily service the needs of future residents within the proposed development.

6. Specialist flood studies submitted in support of the proposed stage 1 development

demonstrate that the proposed development can proceed without adverse impact upon flooding and drainage of adjoining or surrounding properties. Localised flooding is a matter that is most appropriately dealt with at the detailed design stage of the development process, via the application of appropriate conditions of approval. These factors negate any conflict with the Hazards and Filling/Excavation Codes.

7. The proposed development adjoins, and represents a logical extension to the

southern extent of urban development within Innisfail. As such, it cannot be considered out of sequence, particularly when the Planning Scheme fails to address or identify any preferred sequence for urban development to proceed.

The subject application was lodged prior to the formal adoption of the Far North Queensland Regional Plan, and it is therefore entitled to be assessed as if the Regional Plan had not come into effect. Approval Conditions:

In relation to the Development Application for Material Change of Use - Preliminary Approval to override the Planning Scheme, seeking Use Rights in accordance with the Development Guidelines prepared by RPS dated August 2010 and development as shown on RPS Drawing No. 9226 - 18C dated 03/10/2010 relating to land described as Lot 3 on NR6216, Lot 2 on SP161114, Lot 4 on RP705579 and Lot 1 on RP705584 situated at the Bruce Highway, Riordan Road and Rifle Road, Innisfail, Parish of Mourilyan:

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7.2 DA009/08J - 1RP705584, 2SP161114, 3NR6216 & 4RP705579 - PRELIMINARY APPROVAL TO OVERRIDE THE PLANNING SCHEME SEEKING USE RIGHTS IN ACCORDANCE WITH THE DEVELOPMENT GUIDELINES (CONT'D…)

1. A Preliminary Approval be issued for Stage 1 of the Retail/Commercial Precinct being that part shown on the Annotated Extract of RPS Drawing No. 9226-18C dated 03/10/2010 and as illustrated on the Annotated Site Layout Plan, subject to the following conditions:

(a) That part of the Retail/Commercial Precinct described above is to be developed for a Home Maker Centre (Big Box/Large Format Retail).

(b) The Development Guidelines submitted by the Applicant and prepared by RPS dated August 2010 do not apply to the development of that part of the Retail/Commercial Precinct described above for a Home Maker Centre.

(c) For the purposes of the development of that part of the Retail/Commercial Precinct described above for a Home Maker Centre the following definition of Home Maker Retail applies and is the only land use permitted in the Home Maker Centre:

"Home Maker Retail

Means the use of premises for the display and sale of goods where the retail floor area is a minimum of 600m² and the activity is predominantly undertaken indoors. The term includes, but is not limited to, the retail sale of:

floor coverings, wall tiles, soft furnishings or bedding; furniture and ancillary decorative items; sizeable domestic appliances being washing machines, dishwashers, clothes

dryers, refrigerators, hot water systems, air conditioners, and the like; household fixtures and fittings; hardware and trade supplies; and barbeques, camping goods and outdoor recreation goods.

The term includes the use of the premises for ancillary storage and ancillary uses related to the primary function of the use and also includes any ancillary customer convenience facilities, up to a maximum of 50m² in gross floor area within each premises.

The term does not include land uses commonly described as shopping centre, supermarket, shop, outdoor showroom or sales yard, lard warehouse variety store or discount department store, garden centre, retail nursery, building construction depot, machinery or equipment depot, paint store, factory seconds store, and the like."

(d) A maximum total land area of 4.5 hectares, excluding new roads, is able to be utilised for the development.

(e) A minimum lot size of one (1) hectare applies to any reconfiguration of lots created as part of the approved development.

(f) One (1) lot (the northern lot) with a minimum area of one (1) hectare and of suitable configuration and utility to accommodate and service the proposed land use, is to be located adjacent to the existing Day Care Centre and Christian Outreach Centre.

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(g) All lots (other than the northern lot) must be configured to have primary frontage to Mourilyan Road and be of suitable configuration and utility to accommodate and service the proposed land use.

(h) One (1) new road with a minimum road reserve width of 20 metres must be constructed to provide (separate) customer and service delivery access to any lots created as part of the approved development. This new road must access off Mourilyan Road and be located as far south as possible without compromising the intersection with the Bruce Highway.

(i) Reciprocal access easements must be created to provide delivery circulation on site for the balance area, at the time of reconfiguration into separate lots.

(j) Reciprocal access easements must be created to provide internal circulation on site for customer car parking on the balance area, at the time of reconfiguration into separate lots.

(k) Customer car parking must be provided at the time of development, to the Mourilyan frontage of each development site and to the frontage of the new road for the northern development site.

(l) A car parking rate of one (1) space per 50m² of net lettable area applies to the development of each site for Home Maker Retail.

(m) Each lot created as part of the development must provide a landscape strip 3 metres wide to the site frontage and a landscape strip 2 metres wide to side boundaries or any boundary with a secondary road reserve.

(n) All buildings must address Mourilyan Road frontage, or the new road frontage for buildings on the northern lot, while being set back behind the on site customer car parking area/s.

(o) Wall signage on any building or wall is not permitted (other than the tenancy signage referred to below in Item (p) and minor directional signage). In addition, product advertising is not permitted on the exterior of any building or wall.

(p) One (shared) pylon sign with a maximum area of 10m² located to the site frontage for each development site, and one tenancy sign with a maximum area of 5m² located in proximity to the entrance of each premises, for each tenancy, are permitted.

(q) The Home Maker Retail development will be required to connect to Council's Reticulated Water Supply and shall provide a detailed Engineering report to Council for approval on proposals to provide this connection. This shall include location of connection and any required upgrade of Council's reticulation system necessitated by the proposed use. The cost of any agreed works and associated infrastructure charges will be the responsibility of the development and at no cost to Council. Agreement on the required works shall be reached prior to the issue of any Development Permit for the site and construction of the agreed works must be finalised prior to endorsement of any Survey Plan, or commencement of any use on the site, whichever occurs first.

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(r) The Home Maker Retail development will be required to provide a detailed Engineering report to Council for approval on proposals to provide for sewerage reticulation and treatment of all effluent generated on site. This should include connection to and any necessary upgrade of Council's reticulation system. The cost of any agreed works and associated infrastructure charges will be the responsibility of the development and at no cost to Council. Agreement on the required works shall be reached prior to the issue of any Development Permit for the site and construction of the agreed works must be finalised prior to endorsement of any Survey Plan, or commencement of any use on the site, whichever occurs first.

2. A Preliminary Approval also be issued for the balance of the site, excluding Lot 3 on

NR6216 (which is in the Innisfail Zone and Urban Footprint of the FNQ2031 Regional Plan), generally in accordance with the Precinct Layout indicated on RPS Drawing 9226-18C dated 03/10/2010, subject to the following conditions:

(A) Prior to the submission of any application for a Development Permit (including

Material Change of Use or Reconfiguration) -

(1) The Applicant/Owner shall submit to Council for approval, a proposed Allotment Configuration Plan and Development Layout Plan including a proposed Staging Plan, giving clear indication of the proposed staging (if any) of each part of the development. The Plans shall be supported by a Needs Assessment, prepared by a suitably qualified professional, which justifies and supports the scale, type and extent of development and the proposed staging (if any) of the development proposed.

(2) Sewerage Truck Mains - The Applicant must submit to Council for approval, a Detailed Engineering Design and Engineering Plans of the necessary trunk sewer mains required to be provided to allow connection of the total development to Council's existing sewerage scheme. This design should include details of all deficient existing Truck Mains and proposals for their upgrade. Council commissioned consultant GHD Pty Ltd (Cairns Office) to undertake Sewerage Demand Modelling for the Innisfail Sewerage Scheme and as a requirement of this approval, modelling of the proposed sewerage infrastructure requirements for the proposed development is required. The Applicant/Owner is to fund the cost of the necessary modelling and any peer review required by Council to ascertain the impacts of this development. The peer review will be conducted by GHD Pty Ltd on behalf of Council.

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(3) Water Supply Truck Mains - The Applicant must submit to Council for approval, a Detailed Engineering Design and Engineering Plans of the necessary trunk water mains required to be provided to allow connection of the total development to Council's existing water mains. This design should include details of all deficient existing Trunk Mains and proposals for their upgrade. Council commissioned consultant Cardno, Queensland (Milton Office, Brisbane), to undertake Water Demand Modelling in the former Johnstone Shire Council, now the Cassowary Coast Regional Council, and as a requirement prior to further approvals being granted, modelling of the proposed water infrastructure requirements for the proposed development is required. The Applicant/Owner is to fund the cost of the necessary modelling and any peer review required by Council to ascertain the impacts of this development. The peer review will be conducted by Cardno Queensland on behalf of Council.

(4) Infrastructure Agreement - Due to the exceptionally high cost of providing reticulated water and sewer infrastructure to the site and the site being outside the serviced area and/or the Planned Infrastructure Area (PIA), the Applicant will enter into an Infrastructure Agreement with Council detailing the Sewerage and Water Supply Trunk Works required to adequately service the total development site, with an agreement for the Applicant to fund the total cost of these works including appropriate bonding. The Infrastructure Agreement will be prepared by Council's solicitors and all costs associated with the Agreement, including Council's reasonable costs are payable by the Applicant Agreement.

(5) Flooding Impacts - In areas affected by flooding, as identified within Council's Flood Study conducted by WBM Pty Ltd, a certified Flood Modelling Study (hydraulic study) and if necessary, a hydrologic study, is to be prepared by a suitably qualified and experienced engineer to investigate the hydraulic characteristics of both the undeveloped and developed site and make comparisons between them. The study should determine the effects of filling of the proposed development site on the flood water depths for the different flood events up to and including a regional 1 in 100 year flood event. The conditions of this approval require the Flood Modelling Study report to be submitted for assessment and approval by Council prior to the issue of any further approvals for the site. Parts of the proposed development are in a flood affected area and will be tested for:

15



(a) The 50%, 20%, 10%, 5%, 2% and 1% annual exceedance probability (AEP for local events;

(b) The 5%, 2% and 1% AEP floods and designated flood and design flood AEP for Riverine flood events and

(c) Any resultant afflux or increase in flood velocities sufficient to cause real damage to premises. The Assessment Manager may also require the development to be assessed against rarer floods.

The filling of the land will not have a detrimental impact on other properties

in relation to flood water depths, and will not lead to some claim (current or future) for damages to surrounding properties. In general terms, this requires "no worsening" of flood water depths on other properties.

All parts of the site and all stages of the development are to be filled in a manner, which precludes stormwater run-off being directed to or through another property.

(B) Developments within the balance area of the Home Maker Retail site will generally be in accordance with the requirements of Stage 1, with any proposed use to be in accordance with the definition of "Home Maker Retail" outlined above in Condition 1(c), or be a land use of an ancillary or complementary nature, which by its commercial scale can be proven by the Applicant to be unable to be appropriately located in other locations and/or other areas of Innisfail specifically zoned for commercial development. Any proposed use is to be supported by a Needs Assessment prepared by a suitably qualified professional, at Development Application stage.

(C) The Applicant/Owner will submit to Council for comment and approval, Concept Plans for the "Local Centre" including details of proposed layouts and uses. Prior to the development of the Local Centre a Needs Assessment, prepared by a suitably qualified professional, will be provided to Council justifying and supporting the development of the range of commercial uses proposed at this location.

(D) All future developments on site shall comply with the appropriate codes within the Johnstone Shire Planning Scheme and the current (at the time of application) technical standards as detailed in the FNQROC Development Manual and all other legislative requirements.

(E) The Development Guidelines and Codes lodged with the application and relevant to the Retail/Commercial Precinct are not approved.

(F) The requirements of Condition A(1), (2), (3), (4) and (5) are to e completed in full to the satisfaction of the Council within two (2) years of this Preliminary Approval being issued or the Preliminary Approval for the balance of the site excluding Lot 3 on NR6216 (which is in the Innisfail Zone and Urban Footprint of the FNQ2031 Regional Plan), generally in accordance with the Precinct Layout indicated on RPS Drawing 9226-18C dated 03/10/10, will lapse.

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26


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34


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7.2 DA009/08J - 1RP705584, 2SP161114, 3NR6216 & 4RP705579 - PRELIMINARY APPROVAL TO OVERRIDE THE PLANNING SCHEME SEEKING USE RIGHTS IN ACCORDANCE WITH THE DEVELOPMENT GUIDELINES (CONT'D…) Assessment Manager's Advice: a) Required Approvals: A Development Permit for Material Change of Use,

Reconfiguration of Lot and Operational Works will be required, with a permit for these works issued prior to any works commencing.

b) Aboriginal Cultural Heritage: The Applicant/Owner is to ensure compliance with the

requirements of the Aboriginal Cultural Heritage Act and in particular, "the duty of care" that is imposes on al landowners, developers and the like.


CARRIED

9.40am Mr B Holden (Parks & Natural Environment Officer) entered the meeting and Ms A Nugent left the meeting. PRESENTATION - JAMES COOK UNIVERSITY (JCU) JOINT VENTURE INITIATIVE - PROVISION OF ACCOMMODATION The Mayor welcomed Professor Richard Murray, Dean and Head of the JCU School of Medicine and Dentistry and Bronwyn Stewart, Manager Rural Coordination JCU School of Medicine and Dentistry to the meeting for their presentation on an initiative to provide purpose-built prefabricated accommodation for JCU medical and dental students to support placements in both fields within the Innisfail area. Professor Murray outlined the history of Faculty Health Professional Programs, including the emphasis on rural, remote, Indigenous and tropical health. He explained the importance of local recruitment of students, rurally-focused curriculum and rural clinical experience to the likelihood of graduates pursuing careers in rural areas. Already, half of the JCU medical graduates to date are working in northern Queensland and overall, two thirds in regional areas. The same approach is being taken with dentistry, nursing and allied health. Making rural hospitals and community health services ‘teaching’ health services is an important strategy to secure workforce and future viability. He discussed the requirements to make student placements in rural and remote communities successful – those being: opportunities to see patients, the availability of suitable supervision and, importantly, accommodation. He explained that around the country, availability of student accommodation was a major barrier to health professional students gaining rural experience. He spoke to the JCU proposal to partner with Council to provide student accommodation for health professional students. Similar successful arrangements have been struck elsewhere, including with the Tablelands Regional Council. The project would involve erecting a 5 bedroom house for student accommodation on Council land, vested in Council, with a suitable arrangement for the University to cover outgoings over an initial period of 15 years. He hoped that this would see the expansion of clinical teaching capacity for Innisfail and other Cassowary Coast communities. Professor Murray thanked Councillors for the opportunity to address Council and looks forward to receiving further advice from Council with regard to this initiative.

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Upon conclusion of the presentation the Mayor invited Professor Murray and Ms Stewart to join Council for morning tea.

10.15am - 10.40am The meeting adjourned for morning tea. When the meeting reconvened it was noted that Mr G Wilson, Ms N Moore and Ms S Camilleri were no longer in attendance and that Professor Murray and Ms Stewart had also left the meeting.

6. COMMUNITY

6.2 COWLEY BEACH VEHICLE ACCESS TRACK

Executive Summary:

During severe tropical Cyclone Yasi, storm generated wave damage, removed up to 15m of fore dune, eroded sections of the established Cowley Beach track where waves overtopped the dune crest, removed guiding bollards and deposited up to a metre of sand in sections.

The track is currently in a dangerous and unstable condition and without bollards in place traffic movement cannot be regulated.

It is proposed that due to the nature of damage to the track and associated esplanade that the esplanade be closed for a period six months to allow for the future viability of the track to be assessed.

The Land Management Plan for R1399 Reserve for Camping and Recreation required to establish access to the track through the reserve and Council's application for control of beaches is currently being progressed.

Recommendation:

"That Council;

Proceed to put the necessary procedures in place to close the esplanade from Inarlinga Road to Liverpool Creek mouth for a period up to six months to allow future track viability assessment to be conducted in light of recent events.

Request the Department of Main Roads and Transport to repair the boat ramp at Cowley Beach to a design that precludes vehicles using the structure to access the beach other than for the launching and retrieval of boats."

Moved Cr J Downs

Seconded Cr B Horsford Resolution Number 1344

"That the Recommendation be adopted subject to an amendment at Dot Point 2 as follows:

Request the Department of Main Roads and Transport to repair the boat ramp at Cowley Beach to a design that precludes vehicles using the structure to access the beach other than for the launching and retrieval of boats (INSERT) and that the boat ramp remain open for the purposes of launching and retrieval of boats only.

and the inclusion of a further dot point as follows:

Request the Department of Environment and Resource Management (DERM) to assist with compliance and public education to ensure public safety at Cowley Beach."

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6.2 COWLEY BEACH VEHICLE ACCESS TRACK (CONT'D…) FOR VOTE - Cr Bill Shannon, Cr Carmel Silvestro, Cr Jennifer Downs, Cr Mark Nolan, Cr Bill Horsford AGAINST VOTE - Cr Ross Sorbello, Cr Ian Rule

CARRIED

6.1 COMMUNITY GARDENS

Executive Summary:

Community Gardens on Public Land and the Provision of Information Concerning Sustainable Living: Community gardens are unique forms of public open space which are managed by the community as a "not for profit" enterprise, primarily for the production of food and to contribute to the development of a sustainable urban environment. They are places for learning and sharing about sustainable living practices, and for actively building community through shared activities. Community gardens play a role in improving access to fresh locally-grown food, as well as providing valuable recreational activity, social interaction and educational benefits for the local community. Community gardens make a valuable contribution in responding to the challenges of climate change as one means by which to reintegrate edible food plants into the urban landscape. Recommendation:

“That Cassowary Coast Regional Council adopt a policy on Community Gardens and in doing so recognise community gardening as a valuable recreational activity that contributes to the health and well-being of the wider community and provides a wide range of environmental, social and educational benefits.” Moved Cr I Rule Seconded Cr B Horsford Resolution Number 1345



CARRIED

11.50am Ms J Murphy and Messrs D Sydes and B Holden left the meeting.

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4. MANAGEMENT

4.1 CYCLONE YASI RECOVERY - NDRRA ARRANGEMENTS

Executive Summary:

Following the completion of the preliminary submission to the Qld Reconstruction Authority (QldRA) for the restoration of public assets and the receipt of an advance payment, work has now commenced on the preparation of detailed submissions with assistance from Local Government Infrastructure Services. As a result of discussions with the QldRA a preliminary funding submission for special funding assistance has been submitted for the assets that may not be eligible under standard NDRRA guidelines. These assets include marine infrastructure at Mission Beach and Dunk Island, restoration of the Cardwell esplanade and foreshore area and restoration of damaged water and sewerage assets. Recommendation:

"That the report be received and noted".

Moved Cr C Silvestro Seconded Cr J Downs Resolution Number 1346



CARRIED

4.2 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION (QLD) 2011 CONFERENCE, GOLD COAST, 27 - 29 JULY 2011

Executive Summary:

The Australian Local Government Women's Association (ALGWA) (Qld) have advised that their 2011 conference is being held on the Gold Coast from 27 - 29 July 2011 and have forwarded a copy of the registration brochure. Recommendation:

“For Council's consideration.”

Moved Cr C Silvestro Seconded Cr I Rule Resolution Number 1347

"That no further action be taken."


CARRIED

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11.55am Ms A Nugent re-entered the meeting.

5. WORKS

5.1 INNISFAIL SEWERAGE TREATMENT PLANT UPGRADE PROGRESS

Executive Summary:

This is an update report to keep Council informed of the progress of the Innisfail Sewage Treatment Plant Upgrade project. The Principal Contractor is continuing with detailed design and has completed the site filling earthworks, piling operations and is continuing with subsequent construction activities. Recommendation:

“That the report be received and noted.” Moved Cr I Rule Seconded Cr J Downs Resolution Number 1348



CARRIED

5.2 JUBILEE BRIDGE REPLACEMENT AND ASSOCIATED WORKS UPDATE

Executive Summary:

This is an update to keep Council informed on the progress of the Jubilee Bridge Replacement and Associated Works project. In general, works are progressing, with the Principal Contractor completing in-river permanent piling operations and has commenced the deck spans for the replacement bridge. Earthworks have commenced on both sides of the river. Demolition work on the existing bridge is due to commence next week. Recommendation:

“That the report be received and noted.” Moved Cr C Silvestro Seconded Cr J Downs Resolution Number 1349



CARRIED

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5.3 TENDER 1011-009 TULLY SEWERAGE UPGRADE - STAGE 1 PROGRESS REPORT

Executive Summary:

This is an update to keep Council informed on the progress of the Tully Sewerage Upgrade - Stage 1 project. The contract involves the installation of additional pumping and sewer main capacity within the Tully Sewerage Scheme In order to alleviate sewage overflows within the sewered area and provide increased capacity within the system. Recommendation:

“That the report be received and noted" Moved Cr I Rule Seconded Cr R Sorbello Resolution Number 1350



CARRIED

5.4 INNISFAIL WATER TREATMENT PLANT UPGRADE PROGRESS

Executive Summary:

This is an update report to keep Council informed of the progress of the Innisfail Water Treatment Plant Upgrade project. The Principal Contractor, Queensland Concrete and General Constructions, has submitted the required documentation, has completed site establishment and has commenced site construction. Cyclone Yasi and subsequent heavy rainfall has hampered site works. Recommendation:

“That the report be received and noted.” Moved Cr C Silvestro Seconded Cr J Downs Resolution Number 1351



CARRIED

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5.5 ENDORSEMENT OF THE CASSOWARY COAST REGIONAL COUNCIL 2010 NDRRA SUBMISSION

Executive Summary:

This report outlines the funding applications lodged through the Natural Disaster Relief & Recovery Arrangements in relation to the Disaster Event – Queensland Monsoonal Flooding and Tropical Cyclones, Olga, Neville, Ului & Paul, January – April 2010. Council endorsement of the projects is required for the Funding Sub-Agreement to be approved and funding released. Recommendation:

“That the report be received and the Council note and endorse the projects required to be undertaken by 30 June 2012 by the Works Department, subject to funding approval by Department Local Government & Planning.” Moved Cr J Downs Seconded Cr R Sorbello Resolution Number 1352



CARRIED

12.45pm - 2.25pm The meeting adjourned to receive a private presentation from the Queensland Reconstruction Authority regarding cyclone and storm surge damage to buildings from Cyclone Yasi, after which Council had lunch. It was noted when the meeting reconvened that Ms J Murphy had re-entered the meeting and Messrs P Cochrane (Director Corporate Services) and V O'Brien (Manager Community Facilities) were in attendance.

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7. PLANNING & ENVIRONMENT (CONT'D…)

7.1 METRICON INNISFAIL PARTNERSHIP PTY LTD - MCU-347/4 - COQUETTE POINT ROAD AND RIVER ROAD, INNISFAIL - REQUEST TO CHANGE AN EXISTING APPROVAL UNDER S369 OF THE SUSTAINABLE PLANNING ACT 2009

Executive Summary:

Council is in receipt of an application for a Request to Change an Existing Approval under s369 of the Sustainable Planning Act 2009. The application relates to the Sea Haven development, which allows for a lake based residential development with a marina and some associated commercial activities on land described as Lot 134 & Lot 1 on RP893474 and Lot 46 on SP125424 and situated at Coquette Point Road, Innisfail. The purpose of the application is to allow a change to the proposed staging of the development, changes to the location and design of the lock and associated works and a change to reflect a condition of the approval issued by the Department of Environment, Water, Heritage and the Arts. The application has been made by Humphrey Reynolds Perkins on behalf of Metricon Innisfail Partnership Pty Ltd. The application was Code and Impact Assessable, however public notification is not required for this type of request. The application triggered referral to the Department of Transport and Main Roads, the Department of Employment, Economic Development and Innovation (DEEDI) and the Department of Environment and Resource Management (DERM) as they were Concurrence Agencies for the original application. These concurrence agencies have assessed the request to change an existing approval application and DEEDI and DERM have provided amended conditions. The subject site is located within the Urban Footprint as indicated in the Far North Queensland Regional Plan 2009-2031 and therefore the proposed request to change an existing approval does not conflict with the Regional Plan. Some of the proposed changes to the Sea Haven approval do not give rise to any planning and engineering issues. However, some of the proposed changes do raise issues or include a level of detail which is better dealt with at the operational works stage. Therefore, the application for a Request to Change an Existing Approval under section 369 of the Sustainable Planning Act 2009 is recommended for approval in part, and this requires the alteration of a number of the conditions attaching to the original negotiated decision notice.

Recommendation:

"A) That the Request to Change an Existing Approval under s369 of the Sustainable Planning Act 2009 be approved in part for the Preliminary Approval overriding the Planning Scheme under section 3.1.6 of the Integrated Planning Act 1997 (Residential, Lake & Marina Development (Sea Haven)), Material Change of Use for Environmentally Relevant Activity No. 19 (Dredging), Reconfiguring a Lot, Operational Work for Prescribed Tidal Work, Operational Work that is the Constructing of an Artificial Waterway and Operational Work that is the Disturbance of Marine Plants.

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7.1 METRICON INNISFAIL PARTNERSHIP PTY LTD - MCU-347/4 - COQUETTE POINT

ROAD AND RIVER ROAD, INNISFAIL - REQUEST TO CHANGE AN EXISTING APPROVAL UNDER S369 OF THE SUSTAINABLE PLANNING ACT 2009 (CONT'D…)

B) That the conditions of the Negotiated Decision Notice issued by the former

Johnstone Shire Council dated 14 March 2008 for Preliminary Approval overriding the Planning Scheme under section 3.1.6 of the Integrated Planning Act 1997 (Residential, Lake & Marina Development (Sea Haven)), Material Change of Use for Environmentally Relevant Activity No. 19 (Dredging), Reconfiguring a Lot, Operational Work for Prescribed Tidal Work, Operational Work that is the Constructing of an Artificial Waterway and Operational Work that is the Disturbance of Marine Plants be amended as follows:

Note: For the purpose of ease of understanding by Council, the changes are indicated by

“Strikeout” (denoting deletion) and “Underline” (denoting insertion). 3. The approved plans-

Plan / Document Number

Plan / Document Name Date

30980/29 C & B Group Reconfiguration Plan No's 30980/17 - 21

RPS Reconfiguration Plans; Drawing No. 30980/29 Issue A (Sheets 1-11)

-

050202PoD01.004 Humphreys Reynolds Perkins Plan of Development No. 050202.PoD01.004 dated December 2007

December 2007

ERA19.01 Revision B, MCU01

Cardno CCS Engineering Drawing No's ERA19.01 Revision B, MCU01 Revision B - MCU38 Revision B, MPP01 Revision B - MPP03 Revision B, TW01 Revision B - TW05 Revision B and WO 01-1005 Revision 4

ERA19.01 Revision C Cardno Engineering Drawing No ERA19.01 Revision C

-

MCU01 - MCU07, MCU08 - MCU-09, MCU10-MCU13, MCU18 - MCU21, MCU22, MCU23,

MCU23-1 - MCU23-5, MCU25, MCU25-1, MCU26 - MCU27,

MCU30 - MCU32 & MCU34 - MCU38

Revision C

Cardno Engineering Drawing No's MCU01 - MCU07, MCU08 - MCU09, MCU10 - MCU13, MCU18 - MCU21, MCU22, MCU23, MCU23-1 - MCU23-5, MCU25, MCU 25-1, MCU26 - MCU27, MCU30 - MCU32 and MCU34 - MCU38 Revision C

MCU14 - MCU17, MCU24 & MCU28 - MCU29 Revision B

Cardno CCS Engineering Drawing No's MCU14 - MCU17, MCU24 and MCU28 - MCU29 Revision B

63


7.1 METRICON INNISFAIL PARTNERSHIP PTY LTD - MCU-347/4 - COQUETTE POINT ROAD AND RIVER ROAD, INNISFAIL - REQUEST TO CHANGE AN EXISTING APPROVAL UNDER S369 OF THE SUSTAINABLE PLANNING ACT 2009 (CONT'D…)

MPP01 - MPP03 Revision B

Cardno CCS Engineering Drawing No's MPP01 - MPP03 Revision B

TW01 - TW04 & TW09 Revision C

Cardno Engineering Drawing No's TW01 - TW04 and TW09 Revision C

WO 01-1005 Revision 4

Cardno CCS Engineering Drawing No WO 01-1005 Revision 4

71951-SD-L1.01 - 71951-SD-L1.09

Vivo Design Drawings No's 71951-SD-L1.01 - 71951-SD-L1.09

-

- Groundwater Management Plan outlined in Sections 6 and 7 of the 'Groundwater Assessment and Management Plan' prepared by Gilbert and Sutherland, dated June 2007

June 2007

- The recommendations outlined on pages 21-25 of the 'Biting Insect Management Plan' prepared by FRC Environmental, dated June 2007

June 2007

- The 'Stormwater Quality Management Strategy' and 'Lake Design and Management Plan' in the 'Specialist Consultant: Flooding, Stormwater Management and Coastal Processes Report' prepared by Cardno Lawson Treloar, dated June 2007

June 2007

- The Draft 'Site Based Management Plan' prepared by Gilbert and Sutherland, dated July 2007

July 2007

- The information contained in the letter from Humphreys Reynolds Perkins to Johnstone Shire Council dated 6 December 2007

6 December 2007

11. Conditions Johnstone Shire Council (Assessment Manager) Conditions: 1) Proposal: The Applicant/Owner must at all times during the development of the

subject land carry out the development and construction of any building thereon, and conduct the approved use generally in accordance with the documents/plans in the table below:

i. The approved C&B Group Reconfiguration Plan No’s 30980/17 – 21 (Appendix A);

ii. The approved Humphreys Reynolds Perkins Plan of Development No. 050202.PoD01.004 dated December 2007 (Appendix B);

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iii. The approved Cardno CCS Engineering Drawing No’s ERA19.01 Revision B, MCU01 Revision B – MCU38 Revision B, MPP01 Revision B – MPP03 Revision B, TW01 Revision B – TW05 Revision B and WO 01-1005 Revision 4 (Appendix C);

iv. The approved Vivo Design Drawing No’s 71951-SD-L1.01 – 71951-SD-L1.09 (Appendix D);

v. The recommendations and Groundwater Management Plan outlined in sections 6 and 7 of the ‘Groundwater Assessment and Management Plan’ prepared by Gilbert and Sutherland, dated June 2007 (Appendix E);

vi. The recommendations outlined on pages 21-25 of the ‘Biting Insect Management Plan’ prepared by FRC Environmental, dated June 2007 (Appendix F);

vii. The ‘Stormwater Quality Management Strategy’ and ‘Lake Design and Management Plan’ in the ‘Specialist Consultant: Flooding, Stormwater Management and Coastal Processes Report’ prepared by Cardno Lawson Treloar, dated June 2007 (Appendix G);

viii. The Draft ‘Site Based Management Plan’ prepared by Gilbert and Sutherland), dated July 2007 (Appendix H);

ix. The information contained in the letter from Humphreys Reynolds Perkins to Johnstone Shire Council dated 6 December 2007 (Appendix I); and

x. the plans, specifications, facts and circumstances as set out in the application submitted to Council,

No Document/Plan Qualifications 1. RPS Reconfiguration Plans; Drawing No.

30980/29 Issue A (Sheets 1-11) (Appendix A)

1. A common use car park area must be established for the Marina Precinct generally within Sub-Precinct D as shown in the Precinct Plan in Schedule 1 of the Plan of Development No. 050202.PoD01.004 dated December 2007.

2. The pontoons associated with the lock will be included in the relevant lake lot and will not have their own lot and title.

3. The boat ramp will be included in the adjacent park lot and lake lot and will not comprise separate lots and titles.

4. The configuration of the water lots is subject to further consideration and approval by way of a

65


No Document/Plan Qualifications

subsequent application for reconfiguration of a lot, in accordance with Condition 5 of this approval.

5. To the extent of any inconsistency between the staging of the development identified in these plans and the staging identified in Cardno Engineering Drawing No MCU01 Revision C, the staging identified in Cardno Engineering Drawing No MCU01 prevails.

2. Humphreys Reynolds Perkins Plan of

Development No. 050202.PoD01.004 dated December 2007 (Appendix B)

N/A

3. Cardno Engineering Drawing No. ERA19.01 Revision C (Appendix C)

N/A

4. Cardno Engineering Drawing No. MCU01 - MCU06 Revision C (Appendix C)

N/A

5. Cardno Engineering Drawing No. MCU07, MCU08 - MCU09 Revision C (Appendix C)

The use of Steel Sheet Piling is not approved and is subject to the detailed engineering design being finalised and approved as part of an operational works application.


The configuration of the water lots is subject to further consideration and approval by way of a subsequent application for reconfiguration of a lot, in accordance with Condition 5 of this approval.

7. Cardno CCS Engineering Drawing No. MCU14 - MCU17 Revision B (Appendix C)

N/A

8. Cardno Engineering Drawing No. MCU18 Revision C (Appendix C)

N/A


Detail shown in the cross section "Proposed typical lake water circulation pipe outlet into lake" is not approved and is subject to the detailed engineering design being finalised and approved as part of an operational works application.

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No Document/Plan Qualifications 10. Cardno Engineering Drawing No. MCU20

- MCU21 Revision C (Appendix C)

N/A


N/A

12. Cardno Engineering Drawing No. MCU23, MCU23-1 - MCU23-5 Revision C (Appendix C)

N/A

13. Cardno CCS Engineering Drawing No. MCU24 Revision B (Appendix C)

N/A

14. Cardno Engineering Drawing No. MCU25, MCU25-1 & MCU26 Revision C (Appendix C)

Subject to the detailed engineering design being finalised and approved as part of an operational works application.


N/A

16. Cardno CCS Engineering Drawing No. MCU28 - MCU29 Revision B (Appendix C)



Detail shown in the cross section "Typical stormwater pipe outlet into lake" is not approved and is subject to the detailed engineering design being finalised and approved as part of an operational works application.




N/A


Subject to the alignment of the water main being finalised and approved as part of an operational works application.


N/A

22. Cardno CCS Engineering Drawing No. MPP01 - MPP03 Revision B (Appendix C)


67


No Document/Plan Qualifications 23. Cardno Engineering Drawing No. TW01

Revision C (Appendix C)

N/A

24. Cardno Engineering Drawing No. TW02 - TW04 Revision C (Appendix C)

The use of Steel Sheet Piling is not approved and is subject to the detailed engineering design being finalised and approved as part of an operational works application.

25. Cardno Engineering Drawing No. TW09 Revision C (Appendix C)

N/A

26. Cardno CCS Engineering Drawing No. WO 01-1005 Revision 4 (Appendix C)

N/A

27. Cardno Engineering Drawing No. SK22 Revision C (Appendix C)

N/A

28. Vivo Design Drawing No’s 71951-SD-L1.01 – 71951-SD-L1.09 (Appendix D)

N/A

29. The recommendations and Groundwater Management Plan outlined in sections 6 and 7 of the ‘Groundwater Assessment and Management Plan’ prepared by Gilbert and Sutherland, dated June 2007 (Appendix E)

N/A

30. The recommendations outlined on pages 21-25 of the ‘Biting Insect Management Plan’ prepared by FRC Environmental, dated June 2007 (Appendix F)

N/A

31. The ‘Stormwater Quality Management Strategy’ and ‘Lake Design and Management Plan’ in the ‘Specialist Consultant: Flooding, Stormwater Management and Coastal Processes Report’ prepared by Cardno Lawson Treloar, dated June 2007 (Appendix G)

N/A

32. The Draft ‘Site Based Management Plan’ prepared by Gilbert and Sutherland), dated July 2007 (Appendix H)

N/A

33. The information contained in the letter from Humphreys Reynolds Perkins to Johnstone Shire Council dated 6 December 2007 (Appendix I)

N/A

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

N/A

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subject to:

(a) ensuring that the development complies in all respects with the following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual;

(b) all conditions as required by the applicable State Government Departments and other Authorities being complied with prior to the signing and dating of the Plan of Survey; and

(c) any alterations found necessary by the Chief Executive Officer or his delegate at the time of examination of the Engineering Plans or during construction of the development because of a particular requirement; and

(d) any qualifications outlined for the approved document/plan in the table above, except where modified by these conditions of approval and any consent or endorsement issued there under.

2) Timing of Effect: The conditions of this development permit must be complied with prior to the commencement of use and the signing and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.

3) Staging of development works: The staged construction program for the

development is as followsinvolves:

(a) Bulk earthworks and marine structures (including construction of the lake and associated infrastructure) to be constructed in 3 phases (phases 1, 2 and 3).Separate operational works applications for:

(i) bulk earthworks and marine structures (including construction of the lake

and associated infrastructure) in phases; and

(ii) subdivision civil works in five (5) stages. (b) Subdivision civil works shall commence with the stage identified as 'stage 1'. (c) Bulk earthworks and marine structures will commence with the phase identified

as 'phase 1'. to be constructed in five stages in accordance with a sequence compatible with the three phases of construction of the bulk earthworks and marine structures as follows:

(i) Stage 1 subdivision civil works to be constructed in the same year as Phase 1 bulk earthworks and marine structures, commencing towards completion of the Phase 1 bulk earthworks and marine structures.

(ii) Stage 2 subdivision civil works to be constructed in the same year as Phase 2 bulk earthworks and marine structures, commencing towards completion of the Phase 2 bulk earthworks and marine structures.

(iii) Stage 3 subdivision civil works to be constructed in the same year as Phase 3 bulk earthworks and marine structures, commencing towards completion of the Phase 3 bulk earthworks and marine structures.

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(iv) Stages 4 and 5 subdivision civil works to be constructed in subsequent years.

(d) All stages of the subdivision civil works and phases of bulk earthworks and marine structures must be carried out generally in accordance with Cardno Engineering Drawings Nos MCU23 and MCU23-1 to MCU23-5 Revision C.

4) Ownership of Lake Lot: Freehold title for the Lake Lot (lots 1138, 1224, 1329, 1444

and 1550 129, 248 and 335 as shown on C&B Group RPS Reconfiguration Plans Drawing Nos 30980/29 Issue A (Sheets 1 to 11)17 – 21) shall be transferred to Council on 'Works Acceptance', in accordance with condition 34(k) below. The transfer shall be accompanied by registration of a "Declaration of Trust" that sets out the purpose for which the Lake Lot is to be held by Council and any relevant rights and obligations under that trusteeship.

5) Further Application for Reconfiguration of a Lot: A separate application for a

development permit for reconfiguring a lot will be required to make the pontoon and marina lots in accordance with the letter from Humphreys Reynolds Perkins to Johnstone Shire Council dated 6 December 2007. This application must be submitted prior to completion of Stage 1 of the development.

6) Operational Works: Any operational works internal and external to the development,

including but not limited to roads, drainage, lake, lock, revetment walls, effluent disposal, water supply, street lighting, pedestrian/ cycle paths and landscaping must be designed to the satisfaction of the Director Works & Services in accordance with current requirements of the Planning Scheme and the FNQROC Development Manual.

Three (3) copies [one (1) A1 size and two (2) A3 size] of a plan of the works for each stage of the development must be submitted to and be endorsed by the Director Works & Services prior to the issue of a Development Permit for carrying out Operational Works. All works must be constructed in accordance with the Development Permit for Operational Works, the approved plan(s), the Sea Haven Lake Total Management Plan and the FNQROC Development Manual, to the requirements and satisfaction of the Director Works & Services, and prior to the signing and dating of the Plan of Survey of each stage.

7) Acid Sulfate Soils: The Applicant/Owner shall prepare and submit a detailed Acid

Sulfate Soils Management Plan to Council for approval prior to any earthworks or clearing commencing on the site and prior to the issue of a Development Permit for Operational Works for phase 1 of the bulk earthworks and marine structures (subject to the application for this Development Permit being lodged before the lodgement of the application for Operational Works for stage 1 of the subdivision civil works), as follows:

(a) The Acid Sulfate Soils Management Plan shall:

i. Have regard to and meet the conditions of this Development Permit.

ii. Have regard to and comply with the State Planning Policy 2/02.

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iii. Comply with the referral agency advice contained in correspondence from the Department of Natural Resources and Water dated 1st August 2007 (see Attachment 1).

iv. Be consistent with the referral agency advice contained in correspondence from the Great Barrier Reef Marine Park Authority, dated 24 September 2007 (see Attachment 2).

v. Be approved/ endorsed by other authorities as required by the conditions of this Development Permit.

vi. Be endorsed by the Director Shire Services and Director Works & Services prior to submission of the Operational Works application.

(b) The detailed design and construction of operational works for the proposed development must comply with the Acid Sulfate Soils Management Plan.

(c) Upon completion of construction and flooding of the lake water body, the Applicant/Owner shall provide to Council a hydrographic map detailing the areas and extent of any strategically re-buried acid sulfate soils.

(d) The Acid Sulfate Soils Management Plan shall be referenced/included in the Sea Haven Lake Total Management Plan.

8) Bike Lane & Shared Path Facilities Infrastructure: In accordance with Council’s

Planning Scheme Policy 6 – Trunk Infrastructure Contributions And External Works, a Bike Lane & Shared Path Facilities Infrastructure Contribution is payable in respect of this development as follows:

(a) The Contribution must be paid prior to Council signing and dating any Plan of Survey.

(b) The Contribution shall be calculated at the contribution rate applicable at the time of payment.

(c) The applicable contribution rate is the Bikelane Infrastructure Charge.

(d) The Service Demand Increase (SDI) is calculated at 180 ET (i.e. 183 new lots less 3 existing lots).

(e) The current Bike Lane & Shared Path Facilities Infrastructure Contribution Rate is $444/ET.

9) Biting Insects Management Plan: The Applicant/Owner shall prepare and submit a

revised Biting Insects Management Plan to Council for approval prior to the issue of a Development Permit for Operational Works for phase 1 of the bulk earthworks and marine structures, as follows:

(a) The Biting Insects Management Plan shall:


ii. Be consistent with the findings of the Biting Insects Management Plan prepared by FRC Environmental, dated June 2007, (Ref: 05.09.01Bi).

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iii. Be consistent with the findings of the Supplementary Report in Partial Response to Information Request – Aquatic Ecology prepared by FRC Environmental, dated May 2007, (Ref: 05.09.01Aii).

iv. Be approved/ endorsed by other authorities as required by the conditions of this Development Permit.

v. Be endorsed by the Director Shire Services prior to submission of the Operational Works application.

(b) The detailed design and construction of operational works for the proposed development must comply with the Biting Insects Management Plan.

(c) The Biting Insects Management Plan shall be referenced/included in the Sea Haven Lake Total Management Plan.

10) Construction & Operations: The construction and operational work associated with

this development shall be carried out in accordance with sound engineering practice and in particular:

(a) The Sea Haven Lake Total Management Plan and the Site Based Management Plan.

(b) No nuisance is to be caused to adjoining residents by way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours.

(c) Where material is to be carted to or from the site, loads are to be covered to prevent dust or spillage.

(d) Where material is spilled or carried onto existing roads, it is to be removed forthwith so as to restrict dust nuisance and ensure traffic safety.

(e) Safety precautions are to be maintained where work is taking place on existing roads, in accordance with Queensland Transport’s Manual of Uniform Traffic Control Devices (MUTCD).

(f) Any damage attributable to the progress of the works or vehicles travelling to or from the site shall be remedied by the developer prior ‘Works Acceptance’.

11) Construction Environmental Management Plan: The Applicant/Owner shall prepare

and submit a revised Construction Environmental Management Plan to Council for approval prior to the issue of a Development Permit for Operational Works for phase 1 of the bulk earthworks and marine structures (subject to the application for this Development Permit being lodged before the lodgement of the application for Operational Works for stage 1 of the subdivision civil works), as follows:

(a) The Construction Environmental Management Plan shall:


ii. Be consistent with the Draft Construction Environmental Management Plan prepared by Cardno CCS, dated April 2006, (Ref: Q054020).

iii. Be consistent with the Draft Site Based Management Plan (SBMP) prepared by Gilbert & Sutherland, dated July 2007, (Ref: GJ0606_SBMP_RCA4D.doc).

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iv. Be consistent with the referral agency advice contained in correspondence from the Great Barrier Reef Marine Park Authority dated 24 September 2007 (see Attachment 2).


vi. Be endorsed by the Director Shire Services and the Director Works & Services prior to submission of the Operational Works application.

(b) The detailed design and construction of operational works for the proposed development must comply with the Construction Environmental Management Plan.

12) Construction Security Bond: Construction security bonds for the development

works must be lodged with Council as follows:

(a) A construction security bond of 5% of the value of the works must be lodged with Council prior to commencement of works for each stage of the civil works in accordance with FNQROC Development Manual – CP1 Construction Procedures; and

(b) A construction security bond of 5% of the value of the work or $1,000,000,

whichever is the greater must be lodged with Council prior to commencement of works for the construction of the Sea Haven Lake. The construction of the entire lake system shall be considered as a single stage and shall be bonded accordingly.; and

(c) Council and the applicant acknowledge that the construction security bond for

the construction of the lake provided under Condition 12(b) also represents the construction security bond required by condition 2 of the approval issued by the Department of the Environment, Water, Heritage and the Arts under the Environment Protection and Biodiversity Conservation Act 1999 dated 24/09/2009 and identified as EPBC 2008/4365.

At the commencement of each Defects Liability Period, the relevant construction security bond will be returned to the Applicant/Owner.

13) Crocodile Management Plan: The Applicant/Owner shall prepare and submit a Crocodile Management Plan to Council for approval prior to the issue of a Development Permit for Operational Works for phase 1 of the bulk earthworks and marine structures, as follows:

(a) The Crocodile Management Plan shall:


ii. Be consistent with the findings of the Supplementary Report in Partial Response to Information Request – Aquatic Ecology prepared by FRC Environmental, dated May 2007, (Ref: 05.09.01Aii).

iii. Be approved/ endorsed by other authorities as required by the conditions of this Development Permit.

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iv. Be endorsed by the Director Shire Services and the Director Works & Services prior to submission of the Operational Works application.

(b) The detailed design and construction of operational works for the proposed development must comply with the Crocodile Management Plan.

(c) The Crocodile Management Plan shall be referenced/included in the Sea Haven Lake Total Management Plan.

14) Defects Liability Period: The defects liability period as defined in the FNQROC

Development Manual – CP1 Construction Procedures shall be a minimum of 12 months from date of ‘Works Acceptance’ by the Director Works & Services of development work completed or until the works are finally accepted. During the defects liability period, it is the responsibility of the Applicant/Owner to rectify any works found to be defective or found to exhibit faults attributed to the design of the works and/or the performance of the construction activities in terms of quality and conformance with the design and specifications.

The date of 'Works Acceptance' for the lake, associated infrastructure and adjoining public land as specified in Condition 34(k) of this approval, is to be determined in accordance with Condition 34(k) and 34(l) of this approval.

15) Defects Liability Bond: Defects liability bonds for the development works must be lodged with Council as follows:

(a) A defects liability bond of 5% of the value of the works must be lodged with

Council prior to ‘Works Acceptance’ and in accordance with FNQROC Development Manual – CP1 Construction Procedures; and

(b) A defects liability bond of 5% of the value of the works for the construction of

the Sea Haven Lake or $1,000,000, whichever is the greater must be lodged with Council prior to 'Works Acceptance' for the Lake.

The defects liability bonds will be returned following the relevant defects liability period and “Final Acceptance”. “Final Acceptance” will be obtained following the satisfactory correction of any defective work and a satisfactory “Final Acceptance Inspection”. Alternatively, Council will call up the Bond and carry out the repair work.

16) Disaster Management Plan: The Applicant/Owner shall prepare and submit a

Disaster Management Plan to Council for approval prior to the signing and dating of the Plan of Survey for stage 1 of the subdivision civil works, as follows:

(a) The Disaster Management Plan shall:


ii. Cater for the consequence of flooding, cyclone, storm surge and tsunami events and giving consideration to refuge location, access and self sufficiency for extended use, evacuation and access during medical emergencies.

iii. Be prepared by a recognised expert/ suitably qualified professional.

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iv. Include emergency action plans for various disaster events.

v. Be consistent with and able to be inserted into the joint Johnstone and Cardwell Shire Councils Disaster Management Plan.

vi. Include a property owner version for distribution to all residents.

vii. Be approved/ endorsed by other authorities as required by the conditions of this Development Permit.

viii. Be endorsed by the Director Shire Services and the Director Works & Services prior to submission of the Operational Works application.

(b) The Disaster Management Plan shall be referenced/included in the Sea Haven Lake Total Management Plan.

17) Easements – Drainage Purposes: The Applicant/Owner shall, at no cost to Council,

provide for the creation of drainage easements in favour of Council and in accordance with the Development Permit, approved Stormwater Drainage Master Plan and approved operational works plan(s), all to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for approval by Council’s solicitors, at no cost to Council, prior to the signing and dating of the Plan of Survey. The approved easement documents must be lodged and registered with the Department of Natural Resources & Water at the time of registration of the Plan of Survey.

18) Education & Awareness: The Applicant/Owner shall provide appropriate education

and awareness to all potential purchasers, real estate agents, contractors, builders, concrete truck drivers and tradesman of the need to control activities that may impact on the quality of the water in the lake, as follows:

(a) On each stage of the development, the Applicant/Owner shall erect signage of an appropriate size and wording, to be located in a prominent position, advising of the need to control activities that may result in building waste, silt, debris and other substances (garden waste, lawn clippings, car washing detergents, fertilisers, chemicals and oil, etc.) to the lake. The purpose of the signage is to raise awareness of those involved in any activity that may result in unwanted discharge to the lake, of the immediate and unwanted affect that this will have on the water quality in the lake.

(b) Contracts of sale for the lots shall contain clauses indicating the need to control activities that may result in building waste, silt, debris and other substances (garden waste, lawn clippings, car washing detergents, fertilisers, chemicals and oil, etc.) to the lake. The purpose of including the clauses is to raise awareness of those involved in any activity that may result in unwanted discharge to the lake, of the immediate and unwanted affect that this will have on the water quality in the lake.

(c) The Applicant/Owner shall arrange for appropriate covenants to be attached to land contracts of sale for the lots, to ensure that proper precautions are taken (in accordance with the relevant standards where they exist) to control activities that may result in building waste, silt, debris and other substances (garden waste, lawn clippings, car washing detergents, fertilisers, chemicals and oil, etc.) to the lake.

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The purpose of including the covenants in the contracts of sale is to raise awareness of those involved in any activity that may result in unwanted discharge to the lake, of the immediate and unwanted affect that this will have on the water quality in the lake.

(d) The Applicant/Owner shall set up guidelines for real estate agents to provide appropriate verbal and printed information to promote awareness of the need to control the discharge of silt debris and undesirable substances (garden waste, lawn clippings, car washing detergents, fertilisers, chemicals and oil, etc.) to the lake. The purpose of this advice is to encourage residents to take on an active role in maintaining water quality in the lake and to raise awareness of those involved in any activity that may result in unwanted discharge to the lake, of the immediate and unwanted affect that this will have on the water quality in the lake.

19) Electricity Supply: Underground electricity supply shall be provided to the

development and unless approved otherwise by Council, shall be located within road area as required by the FNQROC Development Manual. The Applicant/Owner must provide written evidence of negotiations with the electricity provider stating that power will be provided to the development and that satisfactory arrangements have been made in relation to the provision of power to the proposed development. Such evidence must be provided to Council prior to the signing and dating of the Plan of Survey. All required fees and contributions must been paid to the electricity provider such that connection will be made upon application. Evidence of such payments must be supplied to the Council prior to ‘Works Acceptance’.

20) Electricity Supply - Location of Property Services: The location of the Electricity

Provider underground property service shall be on opposite boundaries to the individual property water service and meter. Sharing of road trenches with water and sewerage services will not be allowed and the separation distances as per the FNQROC Development Manual shall apply.

21) Engineering Drawings - Operational Works: No work shall commence on the site

until an application for Operational Works (including the appropriate fee and Engineering Drawings detailing the proposed construction) is approved by Council. The Operational Works Application (including engineering design, drawings, design report, schedule of quantities and certified cost estimate) must be submitted in accordance with the requirements of the FNQROC Development Manual. The applicant must include the Erosion and Sediment Control Strategy (ESCS), in accordance with the FNQROC Development Manual, with the Operational Works application.

22) Engineering Drawings – “As Constructed” Submission: Engineering drawings and

details showing as- constructed details of all civil works, including a certified schedule of actual costs and the location of services, in accordance with the FNQROC Development Manual - CP1 Construction Procedures, must be submitted to Council to achieve ‘Works Acceptance’ and commencement of the “Defects Liability Period”. The drawings are to be formatted in accordance with the FNQROC Development Manual and any further requirements as required by the Director Works & Services for Council's records. A bond in the amount of $10,000 will be required, returnable upon receipt of the drawings, if the survey plan is to be signed prior to receipt of the drawings. The Applicant/Owner should discuss the required format of drawings before preparation and submission.

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23) Erosion and Sediment Control Strategy: The Applicant/Owner shall prepare and

submit a revised Erosion and Sediment Control Strategy (ESCS) to Council for approval prior to the issue of any Development Permit for Operational Works, as follows:

(a) The Erosion and Sediment Control Strategy (ESCS) shall:


ii. Be in accordance with the FNQROC Development Manual and references.

iii. Be consistent with the findings of the Consulting Engineer’s Partial Response to Information Request: Supplementary Report on Bulk Earthworks prepared by Cardno CCS, dated June 2007, (Ref: Q054020).

iv. Be consistent with the Draft Site Based Management Plan (SBMP) prepared by Gilbert & Sutherland, dated July 2007, (Ref: GJ0606_SBMP_RCA4D.doc).

v. Be consistent with the referral agency advice contained in correspondence from the Great Barrier Reef Marine Park Authority dated 24 September 2007 (see Attachment 2).

vi. Take into account and be consistent with the requirements of the Acid Sulfate Soils Management Plan.

vii. Take into account and be consistent with the Filling & Excavation Management Plan.

viii. Be approved/ endorsed by other authorities as required by the conditions of this Development Permit.

ix. Be endorsed by the Director Shire Services and the Director Works & Services prior to submission of the Operational Works application.

(b) The Applicant/Owner's Contractor must prepare an Erosion and Sediment Control Plan (ESCP) in accordance with the FNQROC Development Manual - CP1 Construction Procedures. The ESCP must be reviewed and approved by the Applicant/Owner's Engineer prior to the pre-start meeting for each phase of bulk earthworks and marine structures and stage of subdivision civil works. A copy of the approved ESCP is to be issued to the Council representatives at the pre-start meeting for each phase of bulk earthworks and marine structures and each stage of subdivision civil works. The ESCP must be reviewed and approved by other authorities as may be required by the conditions of this Development Permit.

(c) Effective erosion and sediment control must be maintained at all times during and after construction work until there is adequate vegetation cover, paving or other controls to prevent any silt run-off from the site.

(d) The detailed design and construction of operational works for the proposed development must comply with the approved Erosion & Sediment Control Strategy and the Erosion & Sediment Control Plan.

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24) Filling & Excavation Management Plan: The Applicant/Owner shall prepare and

submit a Filling & Excavation Management Plan to Council for approval prior to the issue of a Development Permit for Operational Works for phase 1 of the bulk earthworks and marine structures (subject to the application for this Development Permit being lodged before the lodgement of the application for Operational Works for stage 1 of the subdivision civil works), as follows:

(a) The Filling & Excavation Management Plan shall:


ii. Detail how compliance with the Specific Outcomes of 5.4.2 Hazards Code - Flooding and 6.3.2 Filling and Excavation Code of the Planning Scheme will be achieved.

iii. Comply with the objectives and design criteria of CP1 “Construction Procedures”, DP1 “Development Principals”, D2 “Site Regrading” and D4 “Stormwater Drainage” of the FNQROC Development Manual.

iv. Ensure the minimum fill level for all lots, unless otherwise approved, is in accordance with the following:

� At the 6.0 metre setback line from the front boundary: RL +4.6 metres AHD;

� At the 10.5 metre set back line from the lake frontage boundary: RL +4.8 metres AHD.

v. Ensure that filling enables acceptable drainage to be provided from the back of the lot to the front of the lot.

vi. Be consistent with the requirements of the Acid Sulfate Soils Management Plan.

vii. Be consistent with the requirements of the Erosion & Sediment Control Strategy (ESCS).

viii. Be consistent with the findings of the Consulting Engineer’s Partial Response to Information Request: Supplementary Report on Bulk Earthworks prepared by Cardno CCS, dated June 2007, (Ref: Q054020).

ix. Be consistent with the Draft Site Based Management Plan (SBMP) prepared by Gilbert & Sutherland, dated July 2007, (Ref: GJ0606_SBMP_RCA4D.doc).

x. Ensure earthworks are conductedover three (3) stages, extending only in/over dry seasons and generally in accordance with the findings of the Consulting Engineer’s Partial Response to Information Request: Supplementary Report on Bulk Earthworks prepared by Cardno CCS, dated June 2007, (Ref: Q054020) and Cardno CCS Drawing No.’s MCU21 Rev B, MCU22 Rev B and MCU23 Rev B, dated 13 June 2007, other than in relation to staging or phasing of works.

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xi. Ensure that all fill placed on residential allotments is placed in layers not exceeding 200mm depth and compacted to minimum 95% standard compaction unless otherwise approved or stated in this Development Permit or the approved Filling & Excavation Management Plan. Compaction tests must be carried out at the minimum rate of 1 test per 200m3 (or 1 per 1000m2 per layer).

xii. Be approved/ endorsed by other authorities as required by the conditions of this Development Permit.

xiii. Be endorsed by the Director Works & Services prior to submission of the Operational Works application.

(b) The detailed design and construction of operational works for the proposed development must comply with the Filling & Excavation Management Plan, the Sea Haven Lake Total Management Plan and the Site Based Management Plan.

25) Fish & Shark Management Plan: The Applicant/Owner shall prepare and submit a

Fish & Shark Management Plan to Council for approval prior to the issue of a Development Permit for Operational Works for stage 1 of the subdivision civil works, as follows:

(a) The Fish & Shark Management Plan shall:


ii. Be consistent with the findings of the Supplementary Report in Partial Response to Information Request – Aquatic Ecology prepared by FRC Environmental, dated May 2007, (Ref: 05.09.01Aii).

iii. Be consistent with the referral agency advice contained in correspondence from the Great Barrier Reef Marine Park Authority dated 24 September 2007 (see Attachment 2).

iv. Provide details of fish escape mechanisms and proposed management structures and strategies, including post flood event strategies/ action plans.

v. Be developed in conjunction with the Department of Primary Industries.

vi. Be approved/ endorsed by other authorities as required by the conditions of this Development Permit.

vii. Be endorsed by the Director Shire Services and the Director Works & Services prior to submission of the Operational Works application.

(b) The detailed design and construction of operational works for the proposed development must comply with the Fish & Shark Management Plan.

(c) If as a result of approval of the plan, works are required to ensure that the Operational Works for bulk earthworks and marine structures previously undertaken comply with the plan, these works will be at the developer's cost and at no cost to Council. This will include any demolition and reconstruction of already completed works.

(d) The Fish & Shark Management Plan shall be referenced/included in the Sea Haven Lake Total Management Plan.

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26) Flood Impacts: The Applicant/Owner shall undertake further flood model sensitivity

testing for situations when the navigation lock is closed during flood events of 2 year, 5 year, 10 year, 20 year, 50 year and 100 year ARI (Average Recurrence Interval). For situations where the Specific Outcomes of the Hazards Code of the Johnstone Shire Planning Scheme can not be achieved (i.e. if flood levels are found to be sensitive to the navigation lock being closed), the Disaster Management Plan must include procedures for the opening of the lock prior to flooding occurring or other actions as may be required.

27) Flood Mitigation: Council’s Flood Study by WBM Pty Ltd, 2002, and the Revised Flood Investigation Report prepared by Cardno Lawson Treloar, dated June 2007, (Ref: LJ8605/R7), show that the lots created in this development will be affected by flooding. In particular, the area of batter slope above the lake revetment wall up to a level of approximately RL +4.6 to +4.8 metres AHD is subject to inundation from occasional flooding for flood events up to a 100 year ARI (Average Recurrence Interval). Therefore, the flood mitigation measures to be implemented shall be as follows:

(a) The minimum habitable floor level for buildings shall be RL 5 metres AHD unless otherwise approved by the Director Shire Services.

(b) The minimum fill level shall be in accordance with the Filling & Excavation Management Plan.

(c) A covenant shall be established over the rear parts of the freehold lots lower than the estimated ARI 100 year flood level so as to prevent property owners from building on ground below the estimated ARI 100 year flood level:

i. The covenants shall be structured to permit pools or other non-habitable structures to be built lower than the ARI 100 year flood level, subject to flood storage restrictions and lake bank stability issues in the case of batters adjacent to the lake, and in accordance with Condition 32(a).

ii. A copy of the covenant documents must be submitted to Council for approval by Council’s solicitors, at no cost to Council, prior to the signing and dating of the Plan of Survey.

iii. The approved covenant documents must be lodged and registered with the Department of Natural Resources & Water at the time of registration of the Plan of Survey.

28) Groundwater Management Plan: The Applicant/Owner shall prepare and submit a

revised Groundwater Management Plan to Council for approval prior to the issue of a Development Permit for Operational Works for phase 1 of the bulk earthworks and marine structures (subject to the application for this Development Permit being lodged before the lodgement of the application for Operational Works for stage 1 of the subdivision civil works), as follows:

(a) The Groundwater Management Plan shall:


ii. Be consistent with the findings of the Groundwater Assessment & Management Plan, Sea Haven Innisfail, prepared by Gilbert & Sutherland, dated June 2007 (Ref: 0606_GWA_MP_CAPMF1.doc).

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iii. Be consistent with the Draft Site Based Management Plan (SBMP) prepared by Gilbert & Sutherland, dated July 2007 (Ref: GJ0606_SBMP_RCA4D.doc).

iv. Be consistent with the findings of the Consulting Engineer’s Partial Response to Information Request: Supplementary Report on Bulk Earthworks prepared by Cardno CCS, dated June 2007 (Ref: Q054020), other than in relation to staging or phasing of works.

v. Include a Groundwater Monitoring Program, which meets the conditions imposed by this Development Permit, in particular the conditions imposed by the EPA. As a minimum, monthly groundwater level (to AHD) and quality (salinity, total nitrogen, total phosphorous, pH) monitoring data must be collected from the date of this Development Permit until “Final Acceptance” of the Lake System by Council.

vi. Include detailed groundwater modelling based on at least twelve (12) months recorded groundwater data, to assess lake/ groundwater and river/ tide interactions and to confirm exchange flow rates and lake-turnover times, and to provide inputs into lake quality modelling.

vii. Be approved/ endorsed by other authorities as required by the conditions of this Development Permit.

viii. Be endorsed by the Director Works & Services prior to submission of the Operational Works application.

(b) The detailed design and construction of operational works for the proposed development must comply with the Groundwater Management Plan.

(c) The Groundwater Management Plan shall be referenced/included in the Sea Haven Lake Total Management Plan and the Site Based Management Plan.

29) Sea Haven Lake Total Management Plan: The Applicant/Owner shall prepare and

submit a Lake Total Management Plan to Council for approval prior to the issue of a Development Permit for Operational Works for stage 1 of the subdivision civil works, as follows:

(a) The Sea Haven Lake Total Management Plan, as a minimum, shall:


ii. Address issues, including but not limited to, design and construction of the lake and associated infrastructure, and the adjoining operational works within the proposed development.

iii. Address issues including but not limited to, water quality and water quality monitoring, lake access, marine structures (including structural specifications for pontoons and decks), permitted and prohibited land uses, lock operation, maintenance responsibilities, and public liability insurance.

iv. Be consistent with the findings of the Lake Design and Management Plan prepared by Cardno Lawson Treloar, dated June 2007 (Ref: LJ8605/R9);

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v. Be consistent with the findings of the Supplementary Report in Partial Response to Information Request – Aquatic Ecology prepared by FRC Environmental, dated May 2007 (Ref: 05.09.01Aii);

vi. Be consistent with the findings of the Groundwater Assessment & Management Plan, Sea Haven Innisfail, prepared by Gilbert & Sutherland, dated June 2007 (Ref: GJ0606_GWA_MP_CAPMF1.doc);

vii. Be consistent with the findings of the Biting Insects Management Plan prepared by FRC Environmental, dated June 2007 (Ref: 05.09.01Bi);

viii. Be consistent with the findings of the Assessment of the Impacts of Creating a Connection to Ninds Creek Report prepared by FRC Environmental, dated December 2006 (Ref: 05.09.01Aii);

ix. Be consistent with the Draft Site Based Management Plan (SBMP) prepared by Gilbert & Sutherland, dated July 2007 (Ref: GJ0606_SBMP_RCA4D.doc).

x. Be consistent with the referral agency advice contained in correspondence from the Great Barrier Reef Marine Park Authority dated 24 September 2007 (see Attachment 2).

xi. Include a detailed Lake Operations & Routine Maintenance Manual for all aspects of the continued operation, maintenance and renewal of the Lake and associated infrastructure, which is consistent with the maintenance plans as described in the Lake Design and Management Plan prepared by Cardno Lawson Treloar, dated June 2007 (Ref: LJ8605/R9), and includes comprehensive details on materials, infrastructure, mechanical plant, future lake dredging requirements, etc., for use by operational staff.

xii. Include or reference the following management plans:

� Acid Sulfate Soils Management Plan.

� Biting Insects Management Plan.

� Construction Environmental Management Plan.

� Crocodile Management Plan.

� Disaster Management Plan.

� Erosion and Sediment Control Strategy.

� Groundwater Management Plan.

� Filling & Excavation Management Plan.

� Fish & Shark Management Plan.

� Lake Asset Management Plan.

� Lake Water Quality Monitoring Plan.

� Public Garden & Recreational Space Master Plan.

� Rehabilitation Plan.

� Site Based Management Plan (SBMP).

� Stormwater Drainage Master Plan.

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� Stormwater Quality Management Strategy.

� Stormwater Quality Management Plan.

� Traffic Management Plan.

� Wet season contingency Plan.

� Other Management Plans directly affecting the construction and on-going operation and maintenance of the lake, lake surrounds and the development works.

xiii. Include a Lake Risk Management Plan to:

� Identify all internal and external risks to service delivery;

� Establish procedures for dealing with each risk commensurately with its significance; and

� Comply with all statutory obligations for addressing risk.

xiv. Include detailed Emergency Lake Maintenance Plans (e.g. plans as described in Appendix D of the Lake Design and Management Plan prepared by Cardno Lawson Treloar, dated June 2007, Ref: LJ8605/R9) for use by operational staff and Council as follows:

� Flood Inundation Action Plan;

� Algal Bloom Action Plan;

� Oil Spill Emergency Action Plan;

� Fish Kill Action Plan;

� Illegal Dumping of Waste Action Plan;

� Emergency shutdown procedures for the water interchange and pumping systems; and

� Other Emergency Action Plans as required or as deemed necessary by Council.

xv. Include a Lake Management Plan, which includes but is not limited to the following:

� Lake ownership details;

� Lake owner’s responsibilities;

� Permitted use of craft;

� Prohibited uses and practices;

� Concessions;

� Abutting public land issues;

� Boating vessel limitations;

� Prohibition against the discharge of sewage or other waste waters from vessels, boats and the like into the lake waters.

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� Pontoons, jetties, boat ramps and decks – design, works approval, tenure and use controls (temporary moorings, exclusivity, restrictions and commerciality);

� Infrastructure details - Navigation Lock, water interchange infrastructure, pumping systems, navigation aides, lock pontoon structures;

� Water Quality – Gross pollutant traps and other treatment trains, roof water and lake water;

� Water Quality Monitoring – Pre Acceptance and Post Acceptance;

� Water Quality Standard;

� Incident response and reporting;

� Public education; and

� Maintenance & Operations Issues.

xvi. Be approved/ endorsed by other authorities as may be required by the conditions of this Development Permit.

xvii. Be endorsed by the Director Shire Services and the Director Works & Services prior to submission of the Operational Works application for Stage 1 of the development.

xviii.Be updated by the Applicant/Owner and submitted to Council for approval along with applications for Development Permits for Operational Works involving the construction of the subsequent stages of the Lake system.

xix. Be amended by the Applicant/Owner if and as necessary in conjunction with the construction of the subsequent stages of the Lake system and be approved by the Council prior to dedication of the subsequent stages of the Lake system by the Applicant/Owner.

xx. Be updated by including reports and calibrated models for all modelling undertaken as part of the lake system design and assessment and generally identified or referenced in the Lake Design and Management Plan prepared by Cardno Lawson Treloar, dated June 2007, (Ref: LJ8605/R9). The models shall be calibrated over the life of the development works using data collected over that time and in accordance with the Water Quality Monitoring Plan. The associated reports should identify non-compliance issues and make recommendations for additional/remedial works/actions required in order to achieve the long term water quality objectives of the Lake Management Plan and the conditions of this Development Permit. The models to be calibrated include (but are not limited to) the following:

� Lake Water Quality Modelling;

� Lake Tidal Exchange Modelling;

� Detailed Lake Process Modelling;

� Rainfall & Runoff Water Balance Model;

� Hydrodynamic and Advection/ Dispersion Model;

� Vertical Hydrodynamic Stratification Model;

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� Dissolved Oxygen Model;

� Nutrient Models;

� Chlorophyll ‘a’ Model; and

� Three Dimensional Hydrodynamic Lake Mixing Analysis Model.

(b) The detailed design and construction of operational works, operation and maintenance of the lake system, associated infrastructure and public land for the proposed development, shall comply with the Sea Haven Lake Total Management Plan and the Site Based Management Plan.

(c) The Applicant/Owner is to implement the recommendations for additional/ remedial works/actions to ensure the on-going operation of the lake meets the objectives of the Sea Haven Lake Total Management Plan and the conditions of this Development Permit. The implementation of these recommendations shall be at the expense of the Applicant/Owner and at no cost to Council.

30) Lake Asset Management Plan: The Applicant/Owner shall prepare and submit a

revised comprehensive Lake Asset Management Plan to Council for approval in accordance with the following:

(a) The Lake Asset Management Plan, as a minimum, shall:


ii. Be consistent with the Lake Design & Construction Management Plan.

iii. Be consistent with the Sea Haven Lake Total Management Plan.

iv. Be consistent with the findings of the Lake Design and Management Plan prepared by Cardno Lawson Treloar, dated June 2007, (Ref: LJ8605/R9);

v. Be consistent with the Preliminary Asset Management Plan prepared by Cardno Queensland, dated June 2007, (Ref: 3601/26).

vi. Be consistent with and allow for all costs associated with the operation phase requirements of the Site Based Management Plan (SBMP).

vii. Be consistent with detailed Routine Lake Maintenance Plan(s) as detailed in or referenced by the Lake Management Plan.

viii. Be consistent with detailed Emergency Lake Maintenance Plans as detailed in or referenced by the Lake Management Plan.

ix. Include a methodology to describe the basis on which the Lake Asset Management Plan has been developed to the satisfaction of the Director Works & Services.

x. Cover all assets included in Sea Haven for ongoing operation, maintenance and renewal, including but not limited to:

� Navigation lock and pontoons;

� Lock entrance channel;

� Water/ tidal interchange structures and equipment;

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� Navigation aides;

� Lake (including future dredging);

� Boat ramp(s);

� Lake Water Quality System;

� Water Sensitive Urban Design (WSUD) (all areas within the proposed development);

� Lake revetment walls adjacent to public land (e.g. park areas);

� Landscaping of lake surrounds (all park areas and other public land within the proposed development); and

� Park furniture, park lighting, play equipment and park shelters.

xi. Be prepared as a single document to cover all stages of the lake, lock and associated lake infrastructure (as detailed above), and to identify the stage or stages of the development to which each asset, operational activity and maintenance task relates.

xii. Be prepared in accordance with the methodology described in Sea Haven Residential Development, Innisfail – Preliminary Asset Management Plan prepared by Cardno Queensland Pty Ltd, dated June 2007, Job No. 3601/26 (“the Preliminary Asset Management Plan”), and include the assets, operational activities and maintenance tasks identified in Tables 4.1, 5.1 and 6.1 respectively of that document and as outlined above.

xiii. Be approved/ endorsed by other authorities as may be required by the conditions of this Development Permit.

xiv. Be endorsed by the Director Shire Services and the Director Works & Services prior to submission of the Operational Works application.

(b) The Applicant/Owner shall prepare a draft Lake Asset Management Plan acceptable to Council. The draft Lake Asset Management Plan shall be submitted with the application for a Development Permit for Operational Works of phase 1 of the bulk earthworks and marine structures. This draft document shall include professionally costed estimates of the value of assets, operational activities and maintenance tasks based on the design and specification of the proposed works for all stages.

(c) The Applicant/Owner shall prepare a final Lake Asset Management Plan acceptable to Council. The final Lake Asset Management Plan shall be submitted and approved prior to the signing and dating of Plan of Survey for Stage 1 of the development.

(d) At the end of the ‘Defects Liability Period’ and prior to ‘Final Acceptance’ of Stage 1 of the development:

i. The estimates of value included in the Lake Asset Management Plan shall be updated by the Applicant/Owner to reflect actual costs incurred; and

ii. The updated Asset Management Plan shall be transferred to Council in a form compatible with Council’s Asset Management System.

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(f) The Applicant/Owner shall provide information and data about the actual costs of assets, operational activities and maintenance tasks to Council by 1st April of each year and at the end of the ‘Defects Liability Period’ for the Stage 2 and all successive stages of the development. The Lake Asset Management Plan will be updated by Council with this information and data. The data shall be provided by the Applicant/Owner in a format, to the satisfaction of the Director Works & Services, to enable the Asset Management Plan to be updated.

31) Lake Operation & Maintenance Funding: The ongoing operation, maintenance and

renewal of the Lake System and its associated infrastructure shall be funded by Council following acceptance of the lake, as follows:

(a) The operation, maintenance and renewal of the Sea Haven Lake System, associated infrastructure and other infrastructure as identified in the Lake Asset Management Plan (excluding park furniture, park lighting, play equipment and park shelters), shall be funded by a benefited area charging scheme, the ‘Sea Haven Lake Special Charge’, to be established and implemented by Council under Section 971 of the Local Government Act 1993.

(b) The ‘Sea Haven Lake Special Charge’ shall be adopted by the Council at any time following the commencement of operational works for the development.

(c) The ‘Sea Haven Lake Special Charge’ shall apply to all freehold title lots, including freehold lots created under a community titles scheme and any freehold lot associated with the Marina, created as part of the approved Sea Haven development as shown on C & B Consultants Pty Ltd Drawing RPS Reconfiguration Plans Drawing Nos.’s 30980/29 Issue A (Sheets 1-11)17 - 30980/21, dated 04/10/201028/06/2007.

(d) The infrastructure to be maintained as part of the ‘Sea Haven Benefited Area’ shall be that which is identified in the Lake Asset Management Plan for the Sea Haven Lake.

(e) The ‘Sea Haven Lake Special Charge’ shall be calculated in accordance with the methodology described in the Asset Management Plan, to the satisfaction of the Chief Executive Officer. The annual contribution shall be the [annuity value calculated by the financial model] divided by [the number of Equivalent Tenements (ET)].

(f) The amount of the ‘Sea Haven Lake Special Charge’ shall be adopted by resolution of Council and shall apply to each freehold lot, including freehold lots created under a community titles scheme and any freehold lot associated with the Marina, in proportion to the number of ET’s associated with the lot.

(g) For the purpose of clauses (e) and (f) above:

i. For the Residential Precinct, each freehold lot shall be taken to equate to one (1) ET;

ii. For the Marina Units (i.e. Lot 137537 as shown on C & B Consultants Pty Ltd Drawing RPS Reconfiguration Plans Drawing Nos.’s 30980/29 Issue A, dated 04/10/201021, dated 28/06/2007), each freehold lot, including freehold lots created under a community titles scheme, shall be taken to equate to one (1) ET;

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iii. For the Marina Precinct - Commercial Lots (i.e. Lots 138-140 533 to 540 as shown on C & B Consultants Pty Ltd Drawing RPS Reconfiguration Plans Drawing Nos.’s 30980/29 Issue A, dated 04/10/201021, dated 28/06/2007), each freehold lot, including freehold lots created under a community titles scheme, shall be taken to equate to one (1) ET;

iv. For any freehold lot associated with the Marina within the Lake, the number of ET shall be taken to equate to the number of permanent vessel berths; and

v. For the purpose of (g) iv, the number of permanent vessel berths in the Marina Precinct shall be taken to be the sum of [the number of wet berths] and [the number of hardstand places] provided in the marina.

(h) The Applicant/Owner shall contribute a lump sum amount for the future ongoing operation, maintenance and renewal of the lake system and associated infrastructure by the Council. The amount shall be based on the annual ‘Sea Haven Lake Special Charge’ and calculated on a ‘per lot basis’ from the date the ‘Sea Haven Special Charge’ was implemented to the date the lots are created.

(i) The payment shall be made by instalments as follows:

i. A lump sum payment shall be made prior to the signing and dating of the Plan of Survey for each stage of the development.

ii. The lump sum payment shall be equal to [Number of lots for the stage] x [‘Sea Haven Lake Special Charge’] x [Number of years the special charge has existed].

iii. For the purpose of the above lump sum payment, [Number of years the special charge has existed] shall be the number of whole years or part years thereof, (e.g. if the Plan of Survey was signed and dated 4 months after the Special Charge was implemented, then [Number of years the special charge has existed] equals one (1) year).

iv. Where, at the date of the handover of the lake lot to Council in accordance with Condition 4 of this approval, the amount of funds paid to Council by the Applicant/Owner in accordance with clauses i. to iii. above includes amounts specified in the Lake Asset Management Plan as being for required maintenance which was carried out by the Applicant/Owner, then Council will refund the Applicant/Owner for the amount spent on that maintenance. For the purposes of this clause, required maintenance carried out by the Applicant/Owner does not include works to rectify defects in the lake and associated infrastructure and adjoining public land or to maintain the lake water quality in accordance with Condition 35 of this approval.

(j) To guarantee payments are made, the Applicant/Owner shall provide a bond in the form of a bank guarantee(s), to the satisfaction of the Chief Executive Officer to the value of $1,260,000 prior to the issue of a Development Permit for Operational Works for stage 1 of the subdivision civil works. This bond may be called upon by Council to fund the future ongoing operation, maintenance and renewal of the lake system and associated infrastructure should lump sum payments for each stage of the development not be received in accordance with Condition 31(i).

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Each time Council receives a lump sum payment in accordance with Condition 31(i), Council will reduce the bond amount by the amount of the lump sum payment received. Any remaining bond monies held by Council in accordance with this condition will be returned to the Applicant/Owner upon creation of all freehold titles for all stages of the development.

32) Lake Bank Stability: Buildings, structures and the like shall be constructed so as

not to affect or alter the structural stability of the lake revetment wall or the batter slope above the revetment wall, as follows:

(a) Construction of buildings/ structures will only be permitted within 10.5 metres of the lake revetment wall if:

i. The proposed structure complies with the Planning Scheme and the approved Sea Haven Plan of Development;

ii. Flood storage capacity is retained; and

iii. A site specific slope stability assessment, undertaken by a suitably qualified and experienced professional geotechnical engineer, has determined that such construction can be undertaken without resulting in instability of the revetment wall, the batter slope above the revetment wall, and the building/ structure itself. The factor of safety against global long term instability in constructed slopes shall be a minimum of 1.5.

(b) All building works must be constructed in accordance with the Development Permit for Building Works, the approved engineering design plans and to the requirements and satisfaction of the Director Shire Services.

33) Lake Revetment Wall: A revetment wall shall be provided around the perimeter of

the lake generally in accordance with Cardno CCS Drawing No. MCU17 Rev B, dated 13 June 2007, as follows:

(a) The revetment wall shall be constructed in reinforced concrete, with the footing below the final lake water level and such that the deterioration of materials will not be unduly impaired by the surrounding environment.

(b) The factor of safety against global long term instability for retaining structures shall be a minimum of 1.5.

(c) The design of the revetment wall shall be to a standard consistent with the Cardno CCS Engineering Drawings and Specifications as approved by this Development Permit and shall be certified by a Registered Professional Engineer of Queensland (RPEQ) for the design and construction.

(d) The revetment wall shall be contained fully within the lots adjoining the lake.

(e) The areas where revetment walls are not provided shall be designed to meet the intent of the Crocodile Management Plan, so as to minimise the impact of crocodiles on adjacent residences and park users, and to the satisfaction of the Director Works & Services.

(f) Be consistent with the Draft Site Based Management Plan (SBMP) prepared by Gilbert & Sutherland, dated July 2007, (Ref: GJ0606_SBMP_RCA4D.doc).

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(g) All works must be constructed in accordance with the Development Permit for Operational Works, the Sea Haven Total Management Plan, the Site Based Management Plan, the approved operational works plan(s), the Public Garden and Recreation Space Master Plan and the FNQROC Development Manual, to the requirements and satisfaction of the Director Works & Services, and prior to the signing and dating of the Plan of Survey of each stage.

34) Lake System & Associated Infrastructure: The construction, transfer and continued

operation of the lake system and associated infrastructure shall be undertaken as follows:

(a) The Applicant/Owner shall construct the lake system and associated infrastructure, including water interchange system, lock, pontoons, jetties, navigational aides, lake revetment walls, lake water quality monitoring systems, lake aeration systems, boat ramps, water sensitive urban design and all other associated works as identified in the Development Application.

(b) The navigation lock, lock entrance channel, tidal/water interchange system and structures, associated pontoons and navigational aides, water quality monitoring systems and other associated infrastructure shall be constructed prior to the creation of any lots for Stage 1 of the development.

(c) The detailed design, construction of operational works and operation of the proposed lake system and associated infrastructure must comply with the Lake Design & Construction Management Plan, Sea Haven Lake Total Management Plan and the Site Based Management Plan.

(d) The lake lock and water interchange system shall be accessible by maintenance/operational staff and vehicles to the satisfaction of the Director Works & Services.

(e) The navigation aides shall be designed and constructed in accordance with this development permit.

(f) Construction of the lake system and associated infrastructure shall not commence until a Development Permit for Operational Works has been issued by Council.

(g) The design of the lake profile, particularly the detail of any proposed beach areas, shall ensure that nuisance infestations of weed growth do not occur. Suitable maintenance access shall be provided to all proposed beach areas.

(h) Buildings, structures and the like shall be constructed so as not to affect or alter structural stability of the lake revetment wall or the batter slope above the revetment wall.

(i) All works must be constructed in accordance with the Development Permit for Operational Works, the approved plan(s), the Sea Haven Lake Total Management Plan, the Site Based Management Plan and the FNQROC Development Manual, to the requirements and satisfaction of the Director Works & Services, and prior to the signing and dating of the Plan of Survey of each stage.

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(j) The Applicant/Owner is to implement any recommendations, following calibration modelling and monitoring of the lake water quality and/or lake system operation, for additional/remedial works/actions in order to achieve the long term water quality objectives of the Sea Haven Lake Total Management Plan and the conditions of this Development Permit. The implementation of these recommendations shall be at the expense of the Applicant/Owner and at no cost to Council.

(k) The Applicant/Owner shall not transfer ownership of the lake over to Council, or qualify for ‘Works Acceptance’ of the lake and associated infrastructure (excluding the lock, pontoons, jetties, navigational aides, boat ramps and lake revetment walls) and adjoining public land (excluding park embellishments such as playground equipment, park benches, lighting and pathways) for a minimum period of two (2) years following completion and dedication of all stages of the lake system, provided the water quality parameters in the Site Based Management Plan have been achieved to the satisfaction of Council, Department of Natural Resources, Department of Primary Industries & Fisheries and the EPA as follows:

i. For a period of 20 months of the last 24 months of the two (2) year period; and

ii. For a period of 6 months of the last 6 months of the same two (2) year period.

(l) If additional/remedial works/actions are required as a result of calibration modelling and/or monitoring of the lake water quality and/or lake system operation, the Applicant/Owner shall not transfer ownership of the lake system and associated infrastructure as specified in 34(k) above to Council for a further minimum period of one (1) year, provided the water quality parameters in the Lake Management Plan have been achieved to the satisfaction of Council, Department of Natural Resources, Department of Primary Industries & Fisheries and the EPA for the last 8 months of the one (1) year period.

(m) Prior to the issue of a Development Permit for Operational Works for the lock and entrance channel, a report (by a suitably qualified person) must be submitted detailing sediment settling patterns and rates for the area identified as:

the 'site of works in prescribed tidal works application' in Cardno Drawing No. TW01 Revision C;

the lock;

the Ninds Creek entrance channel; and

where the finished lake floor level is below 2.7m AHD.

This report must:

i. Consider the impact of wet seasons when river and creek sediment levels are high and the channel could become a backwater whereby silt deposition may occur;

ii. Consider whether the location of the lock as shown in the Cardno Drawing No. MCU01 Revision C is more suitable than the location of the lock as shown in the Cardno CCS Drawing MCU01 Revision B;

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iii. Detail whether future dredging is required, and how often this dredging will be required, in order to maintain the constructed entrance channel and lock area at the levels approved in accordance with this development approval; and

iv. Consider whether it will be possible to secure approval for future dredging should this be required.

(n)Required maintenance of the entrance channel area must be detailed in the Lake Asset Management Plan, Sea Haven Lake Total Management Plan and Site Based Management Plan.

(o)The Applicant/Owner shall not transfer ownership of the entrance channel over to Council, or qualify for ‘Works Acceptance’ of the entrance channel for a minimum period of two (2) years following completion and dedication of all stages of the lake system, provided that:

i. The water quality parameters in the Site Based Management Plan have been achieved in accordance with paragraph 34(k) above.

ii. A hydro-graphic survey is carried out showing the floor/bed levels of the entrances (internal and external) and the lock are as per the approved documents/plans.

35) Lake Water Quality Monitoring Plan: The Applicant/Owner shall prepare and submit

a comprehensive Lake Water Quality Monitoring Plan to Council for approval prior to the issue of a Development Permit for Operational Works for stage 1 of the subdivision civil works, as follows:

(a) The Lake Water Quality Monitoring Plan, as a minimum, shall:


ii. Address issues, including but not limited to water quality and water quality monitoring.

iii. Be consistent with the Sea Haven Lake Total Management Plan.

iv. Be consistent with the Site Based Management Plan.

v. Include a Water Quality Monitoring Program.

vi. Be consistent with the findings of the Lake Design and Management Plan prepared by Cardno Lawson Treloar, dated June 2007, (Ref: LJ8605/R9).

vii. Be consistent with the findings of the Groundwater Assessment & Management Plan, Sea Haven Innisfail, prepared by Gilbert & Sutherland, dated June 2007, (Ref: GJ0606_GWA_MP_CAPMF1.doc).

viii. Be consistent with the findings of the Assessment of the Impacts of Creating a Connection to Ninds Creek Report prepared by FRC Environmental, dated December 2006, (Ref: 05.09.01Aii).

ix. Be consistent with the referral agency advice contained in correspondence from the Great Barrier Reef Marine Park Authority dated 24 September 2007 (see Attachment 2).

(b) The Applicant/Owner is responsible for completing all of the above items at its

expense and at no cost to Council.

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(c) The Applicant/Owner shall be responsible for the maintenance of the lake water

quality and water quality system for a minimum period of two (2) years following the completion of all stages of the lake system, provided that the water quality parameters in the Lake Management Plan have been achieved.

(d) The Water Quality Monitoring Program, as a minimum, shall:

i. Commence prior to the commencement of works for Stage 1 for the collection of pre construction phase water quality data.

ii. Continue until the Applicant/Owner is no longer responsible for the maintenance of the lake system (i.e. Final Acceptance).

iii. Be undertaken in accordance with the Sea Haven Lake Total Management Plan and the Lake Water Quality Management Plan.

iv. Be undertaken by suitably qualified and experienced person(s).

v. Require yearly testing for lake bed mud contaminant and nutrient levels, including metals, pesticides, herbicides and toxicants.

vi. Be consistent with the Site Based Management Plan.

vii. Require groundwater monitoring in accordance with the Groundwater Management Plan. A minimum of 12 months monitoring data is required.

viii. Require a minimum of 6 months of continuous water level recording to AHD for the Johnstone River and Ninds Creek adjacent to the development prior to the filling of Stage 1 of the lake.

ix. Require continuous water level recording to AHD in the lake, the Johnstone River and Ninds Creek following completion of Stage 1 of the lake system. This data is required to assess lake/ groundwater and river/ tide interactions and to confirm exchange flow rates and lake-turnover times, and to provide inputs to lake quality modelling and calibration. A minimum of 12 months monitoring data is required.

x. Require data to be obtained in accordance with the revised Site Based Management Plan (e.g. salinity, temperature, dissolved oxygen, pH, turbidity, electrical conductivity, total nitrogen, total phosphorous, chlorophyll-a, faecal coliform counts, and vertical profiles for every 0.2 to 0.5 metre bands in at least five (5) locations in the lake, for the above parameters, as well as in at least two locations in each of the Johnstone River and Ninds Creek, upstream and downstream of the proposed development). This data is required to assess lake/ groundwater and river/ tide interactions and to confirm exchange flow rates and lake-turnover times, and to provide inputs to lake quality modelling and calibration. A minimum of 12 months monitoring data is required.

xi. Require the recording/monitoring of any other data as required for the calibration of the various models to be calibrated as part of the conditions of the Lake Water Quality Management Plan. A minimum of 12 months monitoring data is required.

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36) Land Dedication: The Applicant/Owner shall dedicate land as follows:

(a) The Applicant/Owner shall dedicate to the State of Queensland, the following parcels of land:

Lot No. Plan No. / Document Name Tenure / Purpose Trustee

900 RPS Drawing No. 30980/29 Issue A (Sheets 1-11) dated

04/10/2010

Reserve for Community Purposes (Parks & Gardens, and Drainage)

Council


04/10/2010


Council


04/10/2010


Council


04/10/2010


Council


04/10/2010


Council


04/10/2010


Council


04/10/2010


Council


04/10/2010

Reserve for Community Purposes (Beach protection and coastal management, and Environmental purposes) as per the conditions of EPA Concurrence Response for a MCU within a coastal management district dated 27 September 2007 and the DPIF Concurrence Agency Response dated 28 September 2007.

Council

94


Lot No. Plan No. / Document Name Tenure / Purpose Trustee


04/10/2010

Reserve for Community Purposes (Beach protection and coastal management, and Environmental purposes) as per the conditions of EPA Concurrence Response for a MCU within a coastal management district dated 27 September 2007 and the DPIF Concurrence Agency Response dated 28 September 2007.

Council


04/10/2010


Council

(b) The Applicant/Owner shall dedicate to the Council the following parcels of land:

Lot No. Plan No. / Document

Name Tenure / Purpose Owner


04/10/2010

Freehold Land Council


04/10/2010



04/10/2010



04/10/2010



04/10/2010



04/10/2010



04/10/2010


37) Lot Access: Access to all proposed new lots must be constructed in accordance

with the FNQROC Development Manual and Council’s standard engineering specifications to the satisfaction of the Director Works & Services and at no cost to Council. Future maintenance of the access is the responsibility of the landowner.

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38) No Through Road Sign: The Applicant/Owner must erect a “No Through Road” sign

at the intersection of Coquette Point Road and the proposed access roads to the development. The signs must meet the requirements of the MUTCD and to the satisfaction of the Director Works & Services.

39) Outstanding Rates: The applicant/owner is to ensure that all rates, interest and other

charges levied on the property are paid prior to the signing and dating of the Plan of Survey, to the requirements and satisfaction of the Chief Executive Officer.

40) Permanent Survey Marks: The Applicant/Owner is to ensure that all existing survey

marks are reinstated, new survey marks are installed in accordance with the Plan of Survey, and that a licensed surveyor certifies the survey work in writing, to the requirements and satisfaction of the Chief Executive Officer, prior to the signing and dating of the Plan of Survey.

41) Public Garden and Recreation Space Master Plan: The Applicant/Owner shall prepare and submit a revised Public Garden and Recreation Space Master Plan to Council for approval prior to the issue of a Development Permit for Operational Works for stage 1 of the subdivision civil works, as follows:

(a) The Public Garden and Recreation Space Master Plan shall:


ii. Be consistent with the Vivo Design Drawing No’s 71951-SD-L1.01 – 71951-SD-L1.09.

iii. Be designed and constructed in accordance with the FNQROC Development Manual.

iv. Ensure that batters with gradients of 1 in 4 or less are grassed and able to be mowed or appropriately landscaped.

v. Ensure that batters with gradients exceeding 1 in 4 to a maximum of 1 in 2 are appropriately landscaped in accordance with the FNQROC Development Manual. In general it is desirable to provide maximum batter gradients of 1 in 4.

vi. Ensure that all public open spaces and recreation areas are designed and furnished with soft and hard landscaping in a manner which encourages its use by the community, promotes connectivity to other open space and commercial activities, and is compatible with the desired amenity and character of the area in which it is proposed.

vii. Include detailed information regarding the proposed water feature, park structures, park furniture, play equipment, pathways, plantings, signage, walls, retaining structures, bollards, waste bins, boardwalks and landscaping.

viii. Have all retaining structures constructed in accordance with the Public Gardens and Recreation Space - Retaining Walls condition of this Development Permit.

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ix. Be consistent with the Water Sensitive Urban Design (WSUD) principles and works as approved by this Development Permit.

x. Have all pathways, park structures, pontoons, jetties, fencing and gathering areas designed and constructed in accordance with Crime Prevention Through Environmental Design (CEPTED) principles and be provided with appropriate lighting in accordance with the FNQROC Development Manual.

xi. Ensure that works undertaken and embellishments installed are in ‘as new’ condition and to a standard deemed acceptable to Council at ‘Works Acceptance’. Consideration of the condition of works and/or embellishments includes, but is not limited to, elements of structural, functional and aesthetic integrity, and any form of damage.

xii. Ensure that landscaping includes sensitive plantings along Coquette Point Road for the length of the proposed development, to enhance the appearance of the development when viewed from the designated tourist route.

xiii. Include for the provision of fencing on the boundary between any dedicated open space and private land. Such fencing shall be of an open style, with a minimum of 50% transparency. The design of fencing shall be included in the Public Garden and Recreation Space Master Plan. The purpose of the fencing is to:

� Prevent encroachment into the park area by adjoining owners/ residents.

� Control dumping of building and garden waste.

� Prevent vehicle access to lots through park/ drainage reserve.

� Assist in the control of domestic dogs from entering the park (uncontrolled) for park user safety.

xiv. Include landscaping for all internal road reserves.

xv. Not include any declared or potential weed species in the species list of chosen plants.

xvi. Be consistent with the Sea Haven Lake Total Management Plan and the Site Based Management Plan.

xvii. Be approved/ endorsed by other authorities as required by the conditions of this Development Permit.

xviii.Be endorsed by the Director Shire Services and the Director Works & Services prior to submission of the Operational Works application.

(b) All works must be constructed in accordance with the Development Permit for Operational Works, the approved operational works plan(s), the Public Garden and Recreation Space Master Plan and the FNQROC Development Manual, the Sea Haven Lake Management Plan and the Site Based Management Plan, to the requirements and satisfaction of the Director Works & Services, and prior to the signing and dating of the Plan of Survey of each stage.

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42) Public Gardens and Recreation Space - Retaining Walls: Prior to the issue of a

Development Permit for carrying out Operational Works for each stage of the subdivision civil works, the Applicant/Owner shall lodge a geotechnical report and engineering certification of the retaining wall design for that stage of the subdivision civil works. All retaining structures shall comply with the following requirements:

(a) Retaining Structures shall not exceed one (1) metre in height, unless otherwise approved by Council.

(b) Retaining structure footings shall be constructed clear of underground services such as sewer pipes, stormwater drainage pipes and water reticulation pipes. The minimum horizontal clearance between any adjacent sewer line and the outermost edge of the retaining wall structure shall be 800mm (refer D2.13 Retaining Walls of FNQROC Development Manual). The retaining wall and footings shall be designed and located to ensure that no imposed loads are applied on existing and/or future underground utilities and services within the property, road area or public open space (i.e. the structure should be designed such that its “zone of influence” does not impact on adjacent existing and/or future services and underground utilities).

(c) The detailed drawings shall indicate the inclusion of sub soil drains and the point of discharge for surface and sub soil drainage behind the structure.

(d) Retaining structures shall be made of durable materials not subject to rot and insect attack and shall have a minimum design life of 60 years.

(e) The construction of retaining structures over one (1) metre high must comply with Council’s Planning Scheme in particular the requirements of the Standard Building Regulations.

(f) The development works must ensure a long-term factor of safety greater than or equal to 1.5 for all retaining structures.

(g) All works must be constructed in accordance with the Development Permit for Operational Works, the approved engineering design plan(s) and the FNQROC Development Manual, to the requirements and satisfaction of the Director Works & Services, and prior to the signing and dating of the Plan of Survey of each stage.

43) Public Utilities - Alterations: Any relocation or alteration to any public utilities in

association with works pertaining to this development must be undertaken as required by the relevant service provider and at no cost to Council.

44) Public Utilities – Existing Services: Where existing services for any lot within the

development are contained within another lot, the Applicant/Owner, at no cost to Council, shall either:

(a) Relocate the services to the road area or other location as approved by Director Works & Services and the relevant authority; or

(b) Arrange the registration of the necessary easements over the services, which are located within another lot, prior to or in conjunction with the submission of the Plan of Survey creating the lot.

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45) Rehabilitation Plan: The Applicant/Owner shall prepare and submit a Rehabilitation

Plan to Council for approval prior to the issue of a Development Permit for Operational Works for stage 1 of the subdivision civil works, as follows:

(a) The Rehabilitation Plan shall:


ii. Be consistent with the findings in the ‘Rehabilitation Concept Plan’ dated 18 September 2007.

iii. Be consistent with the findings of the Supplementary Report in Partial Response to Information Request – Aquatic Ecology prepared by FRC Environmental, dated May 2007, (Ref: 05.09.01Aii).

iv. Be consistent with the findings of the Assessment of the Impacts of Creating a Connection to Ninds Creek Report prepared by FRC Environmental, dated December 2006, (Ref: 05.09.01Aii);


vi. Be endorsed by the Director Shire Services prior to submission of the Operational Works application.

(b) The detailed design and construction of operational works for the proposed development must comply with the approved Rehabilitation Plan.

46) Road Names: The applicant must submit with the application for Operational Works

for stage 1 of the subdivision civil works a list of proposed road names (minimum of three per road) for consideration by the Chief Executive Officer. Where the development takes place in an area where road names follow a theme or pattern, then names consistent with that theme or pattern must be provided. Road Name signs are to be installed by the Applicant/Owner at locations to the satisfaction of the Director Works & Services and at no cost to Council.

47) Road Works - Internal: The Applicant/Owner must, at no cost to Council, provide all

road works internal to the development, as follows:

(a) The internal road works include the following:

i. The proposed New ‘Entrance Road’ shall be designed and constructed to ‘Minor Collector Street’ standard as per the FNQROC Development Manual, Queensland Transport Development Permit Conditions, and generally in accordance with Cardno Drawing No. MCU27 Rev C dated 10 September 2010 and Cardno CCS Drawing No.’s MCU2728 Rev B to MCU29 Rev B, dated 13 June 2007, with 10.0 metre asphalt surfaced carriageways to accommodate a bus route, layback kerb and channel on both sides, and a 4.0 metre minimum width paved/landscaped median.

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ii. The proposed New Road Type 1 shall be designed and constructed to ‘Access Street’ standard as per the FNQROC Development Manual and generally in accordance with Cardno Drawing No. MCU27 Rev C dated 10 September 2010 and Cardno CCS Drawing No.’s MCU2728 Rev B to MCU29 Rev B, dated 13 June 2007, with 7.5 metre asphalt surfaced carriageways, layback kerb and channel on both sides and a minimum 1.5 metre wide paved pathway on one (1) side.

iii. The proposed New Road Type 2 (for Stages 1, 2 & 3, 4 & 5) shall be designed and constructed to ‘Minor Collector Street’ standard as per the FNQROC Development Manual, Queensland Transport Development Permit Conditions, and generally in accordance with Cardno Drawing No. MCU27 Rev C dated 10 September 2010 and Cardno CCS Drawing No.’s MCU2728 Rev B to MCU29 Rev B, dated 13 June 2007, with 10.0 metre asphalt surfaced carriageways to accommodate a bus route, layback kerb and channel on both sides and a minimum 2.0 metre wide paved pathway on the northern side.

iv. The proposed New Road Type 2 (for Stage 42) shall be designed and constructed to ‘Access Street’ standard as per the FNQROC Development Manual, Queensland Transport Development Permit Conditions, and generally in accordance with Cardno Drawing No. MCU27 Rev C dated 10 September 2010 and Cardno CCS Drawing No.’s MCU2728 Rev B to MCU29 Rev B, dated 13 June 2007, with 7.5 metre asphalt surfaced carriageways, layback kerb and channel on both sides and a minimum 1.5 metre wide paved pathway on one (1) side.

v. The proposed New Road Type 3 shall be designed and constructed to ‘Access Street’ standard as per the FNQROC Development Manual, Queensland Transport Development Permit Conditions, and generally in accordance with Cardno Drawing No. MCU27 Rev C dated 10 September 2010 and Cardno CCS Drawing No.’s MCU2728 Rev B to MCU29 Rev B, dated 13 June 2007, with 7.5 metre asphalt surfaced carriageways, layback kerb and channel on both sides and a minimum 1.5 metre wide paved pathway on one (1) side.

vi. Traffic calming devices shall be provided where applicable in accordance with the FNQROC Development Manual and Queensland Streets and to the satisfaction of the Director Works & Services.

vii. A new roundabout shall be constructed at the intersection of the Stage 13 ‘Access Road’ and the eastern ‘Entrance Road’, to the satisfaction of the Director Works & Services and in accordance with the FNQROC Development Manual, Austroads Design Guidelines and MUTCD. The roundabout shall be constructed prior to the creation of any lots for Stages 3, 4 or 5 1 of the proposed development.

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viii. Bus stops shall be provided in the Southern ‘Minor Collector Street’ (i.e. Road Type 2 for Stages 1, 2 & 3, 4 & 5), generally in accordance with Cardno Drawing No. MCU27 Rev C dated 10 September 2010 and Cardno CCS Drawing No.’s MCU2728 Rev B to MCU29 Rev B, dated 13 June 2007, and the Queensland Transport Development Permit Conditions.

ix. The intersections with Coquette Point Road shall be designed in accordance with the FNQROC Manual, MUTCD and Austroads Guidelines, to the requirements and satisfaction of the Director Works & Services.

x. Prior to the creation of any lots for Stage 1 of the proposed development, a sealed (asphalt or concrete) maintenance access shall be provided from the road system to service both sides of the lake lock and associated water interchange system. The access shall include suitable sealed parking and turning areas for service vehicles. The water interchange pumping system and components shall be directly accessible by vehicle.

The width of the access shall be sufficient to cater for the largest anticipated maintenance vehicle (typically a Medium Rigid Vehicle (MRV)), which would be required to access this area. Public vehicular access to the lock shall be restricted. In this regard bollards and/or other devices shall be provided.

(b) Three (3) copies [one (1) A1 size and two (2) A3 size] of a plan of the works for each stage of the development must be submitted to and be endorsed by the Director Works & Services prior to the issue of a Development Permit for carrying out Operational Works.

(c) All works must be constructed in accordance with the Development Permit for Operational Works, the approved operational works plan(s) and the FNQROC Development Manual, to the requirements and satisfaction of the Director Works & Services, and prior to the signing and dating of the Plan of Survey of each stage.

48) Road Works - External: The Applicant/Owner must, at no cost to Council, provide

road works external to the development, as follows:

(a) The external road works include the following:

i. Prior to the creation of any lots for Stage 2 of the proposed development, Coquette Point Road shall be upgraded to a ‘Major Collector Road’ standard as per the FNQROC Development Manual, from 40 metres west of River Road to a minimum of 40 metres east of the proposed eastern access road in sections as follows:.

From 40m west of River Road to 40m east of River Road - prior to the creation of any lots in Stage 1; and

From 40m east of River Road to the eastern extent of the required works - prior to the creation of any lots in Stages 3, 4 or 5.

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The road and associated table drains must then taper back to the existing road width. The existing table drains in Coquette Point Road are intermittently inundated by tidal waters, particularly during ‘King Tides’. The road and drainage design for this upgrade must take this into account to prevent the ingress of tidal waters into the proposed new park area.

ii. Prior to the creation of any lots for Stage 41 of the proposed development, River Road shall be upgraded to a ‘Minor Collector Street’ standard as per the FNQROC Development Manual and generally in accordance with Cardno Drawing No. MCU27 Rev C dated 10 September 2010 and Cardno CCS Drawing No.’s MCU2728 Rev B to MCU29 Rev B, dated 13 June 2007, with 10.0 metre asphalt surfaced carriageways to accommodate a bus route. The upgrade shall extend from Coquette Point Road to the proposed roundabout at the proposed northern access road.

iii. Prior to the creation of any lots for Stage 41 of the proposed development, a 2.0 metre wide paved pathway in accordance with the FNQROC Development Manual and generally in accordance with Cardno Drawing No. MCU27 Rev C dated 10 September 2010 and Cardno CCS Drawing No.’s MCU2728 Rev B to MCU29 Rev B, dated 13 June 2007, shall be provided on one side of River Road, from Coquette Point Road to the proposed roundabout. The pathway shall provide connectivity for pedestrians using Coquette Point Road west of the proposed development.

iv. Prior to the creation of any lots for Stage 41 of the proposed development, bus stops shall be provided in River Road, generally in accordance with Cardno Drawing No. MCU27 Rev C dated 10 September 2010 and Cardno CCS Drawing No.’s MCU2728 Rev B to MCU29 Rev B, dated 13 June 2007, and the Queensland Transport Development Permit Conditions.

v. Prior to the creation of any lots for Stage 41 of the proposed development, a roundabout shall be constructed at the intersection of River Road and the proposed Northern Access Road, to the satisfaction of the Director Works & Services and in accordance with the FNQROC Development Manual, Austroads Design Guidelines and MUTCD. The design shall make proper provision for the future construction of a road connection to the west.

vi. Prior to the creation of any lots for Stage 41 of the proposed development, a roundabout shall be constructed at the intersection of River Road and Coquette Point Road, to the satisfaction of the Director Works & Services and in accordance with the FNQROC Development Manual, Austroads Design Guidelines and MUTCD.

vii. Prior to the creation of any lots for the second stage Stage 2 of the proposed development, intersection improvements, including traffic islands, delineation and signage, shall be constructed to the satisfaction of the Director Works & Services and in accordance with the FNQROC Development Manual, Austroads Design Guidelines, MUTCD, and the Sea Haven Innisfail – Addendum to April 2006 Traffic Impact Report by Cardno Eppell Olsen, dated June 2007, at the following intersections: -

� Mourilyan Road, The Corso and Jubilee Bridge;

� The Corso, The Esplanade and Ryan Street;

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� The Esplanade and Sherwood Street

� Sherwood Street and Corinda Street;

� Corinda Street and Hilda Street;

� Hilda Street and Howe Street; and

� Howe Street and Florence Street.

(b) The external road works outlined above require a Development Permit for Operational Works. Three (3) copies [one (1) A1 size and two (2) A3 size] of a plan of the works for each stage of the subdivision civil works must be submitted to and be endorsed by the Director Works & Services prior to the issue of a Development Permit for carrying out Operational Works for that stage of the subdivision civil works.

(c) All works must be constructed in accordance with the Development Permit for Operational Works, the approved operational works plan(s) and the FNQROC Development Manual, to the requirements and satisfaction of the Director Works & Services, and prior to the signing and dating of the Plan of Survey of each stage.

49) Sewerage Infrastructure Contributions: In accordance with Council’s Planning

Scheme Policy 6 – Trunk Infrastructure Contributions And External Works, a Sewerage Contribution is payable by the Applicant/Owner to Council in respect of this development as follows:

(a) The contribution must be paid prior to Council signing and dating any Plan of Survey.

(b) The contribution shall be calculated at the contribution rate applicable at the time of payment.

(c) The proposed development is outside the declared Sewerage Precinct and is therefore considered as remote. A joining fee equivalent to the Sewerage Scheme Infrastructure Charge is therefore payable. The applicable contribution rate is the Innisfail Sewerage Scheme Infrastructure Charge.

(d) The Service Demand Increase (SDI) is calculated at 183 ET, (i.e. 183 new serviced lots less 0 existing serviced lots).

(e) The current Sewerage Contribution Rate is $5,114/ET.

50) Sewerage Master Plan: The Applicant/Owner shall prepare and submit a detailed Sewerage Master Plan to Council for approval prior to the issue of a Development Permit for Operational Works for stage 1 of the subdivision civil works, as follows:

(a) The Sewerage Master Plan shall:


ii. Be consistent with the preliminary Sewerage Master Plan.

iii. Detail the impact of the development on the sewerage network and any additional/upgraded infrastructure required to connect the development to Council’s existing sewerage infrastructure.

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iv. Detail the chosen sewerage system (i.e. Gravity or Vacuum Sewerage System) and the relevant design concepts, assumptions, etc. (note: Council advises that either sewerage system concept is acceptable subject to approval of the Director Works & Services).

v. Detail the size of sewer main(s) and other sewerage infrastructure, required to service the development, and the location of any easements/reserves required for such infrastructure.

vi. Incorporate facilities for the collection and disposal of sewage and/or other waste from water vessels, boats and the like.

vii. Comply with the objectives and design criteria of Sections CP1 “Construction Procedures” and D7 “Sewerage System Design Guidelines” of the FNQROC Development Manual.

viii. Be endorsed by the Director Works & Services prior to submission of the Operational Works application for Stage 1 of the development.

(b) Council commissioned consultant GHD Pty Ltd (Cairns Office), for the Sewerage demand modelling in the Innisfail Sewerage Scheme and as a requirement of this approval, modelling of the proposed sewerage infrastructure requirements for the proposed development is required. The Applicant/Owner is to fund the cost of the necessary modelling and any peer review required by Council to ascertain the impacts of this development. The peer review would be conducted by GHD Pty Ltd on behalf of Council.

51) Sewerage Connection: The Applicant/Owner shall provide a sewerage connection to

each and every lot in the proposed development at no cost to Council. The sewerage connection shall be provided by supplying all necessary material and performing all necessary works at the expense of the Applicant/Owner, as required by the FNQROC Development Manual, to the satisfaction of the Director Works & Services.

52) Sewerage Works: The Applicant/Owner must, at no cost to Council, undertake sewerage works both internal and external to the development, to connect the development to Council’s existing Innisfail Sewerage Scheme, as follows:

(a) The Applicant/Owner shall construct all necessary sewerage infrastructure as required by the approved Sewerage Master Plan to connect to Council’s existing sewerage scheme.

(b) The development must be connected to the existing Innisfail Sewerage Scheme at a point determined by the Director Works & Services.

(c) The development must be connected to Sewage Pump Station SPS01 in Wrights Park to the satisfaction of the Director Works & Services.

(d) Alternatively, the development may be connected into the existing trunk rising main discharging from SPS01 to the Sewage Treatment Plant (STP) at the discretion of and to the satisfaction of the Director Works & Services. Note that a separate discharge rising main into the STP will not be permitted. The proposed sewerage scheme for the development must be modelled to ensure effective operation of the existing scheme. The proposed sewage pump station for the development scheme must be designed to allow discharge into the existing high pressure, high flow trunk rising main leading into the STP.

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(e) The proposed trunk rising main shall be constructed in a material as determined by the Director Works & Services.

(f) The Applicant/Owner shall supply and install permanent on-site back-up generation and SCADA Control equipment for all sewage pump stations to the satisfaction of the Director Works & Services.

(g) Three (3) copies [one (1) A1 size and two (2) A3 size] of a plan of the works for each stage of the subdivision civil works must be submitted to and be endorsed by the Director Works & Services prior to the issue of a Development Permit for carrying out Operational Works for that stage of the subdivision civil works.

(h) All works must be constructed in accordance with the Development Permit for Operational Works, the approved Sewerage Master Plan, the approved operational works plan(s), the Sea Haven Lake Total Management Plan, the Site Based Management Plan and the FNQROC Development Manual, to the requirements and satisfaction of the Director Works & Services, and prior to the signing and dating of the Plan of Survey of each stage.

53) Sewerage Works - Timing: In accordance with Council’s letter dated 14 June 2007

(Ref: MRC0706140822), Stages 2 to 5 will not be able to connect to the Innisfail Sewerage Scheme until either the STP has been upgraded or the connection of previously approved developments has been deferred or not sufficiently progressed. The connection of Stages 2 to 5 will be reviewed prior to the issue of Development Permits for Operational Works for each additional stage of development.

54) Site Based Management Plan (SBMP): The Applicant/Owner must prepare and submit a revised Site Based Management Plan (SBMP) to Council for approval prior to submission of an application for Operational Works for phase 1 of the bulk earthworks and marine structures (subject to the application for this Development Permit being lodged before the lodgement of the application for Operational Works for stage 1 of the subdivision civil works), as follows:

(a) The Site Based Management Plan shall:


ii. Be consistent with the Draft Site Based Management Plan (SBMP) prepared by Gilbert & Sutherland, dated July 2007, (Ref: GJ0606_SBMP_RCA4D.doc).

iii. Be consistent with the Draft Site Based Management Plan (SBMP) For Dredging prepared by Cardno CCS, dated April 2006, (Ref: Q054020).

iv. Be consistent with the Sea Haven Lake Total Management Plan.


vi. Be consistent with the Lake Water Quality Monitoring Plan.

vii. Include a ‘Control Strategy Table’ for Open Space Management by the Contractor during the Construction/ ‘On Maintenance’ phase.

viii. Include a Monitoring/Sampling Plan detailing the frequencies, dates, locations, etc for all monitoring/sampling requirements.

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ix. Be approved/ endorsed by other authorities as required by the conditions of this Development Permit.

x. Be endorsed by the Director Works & Services prior to submission of the Operational Works application.

(b) The detailed design and construction of operational works for the proposed development must comply with the Site Based Management Plan.

55) Stormwater Discharge: The applicant must provide Council with a proposed “Point

of Lawful Discharge to Stormwater”. Such location(s) must be chosen to fulfil the following criteria: -

(a) The location of the discharge is indeed lawful (i.e. the location of discharge is under the lawful control of the Local Authority or other statutory authority from whom permission to discharge has been received and includes publicly controlled land, drainage reserve, or a watercourse under the Water Act).

(b) That in discharging at the location, the discharge will not cause an actionable nuisance (i.e. a nuisance for which a current or future downstream or upstream property owner may bring an action or claim for damages arising out of the nuisance). In general terms, this implies a “no-worsening” situation as a result of the discharge.

56) Stormwater Drainage Master Plan: The Applicant/Owner must undertake a study and

submit a detailed Stormwater Drainage Master Plan to Council for approval prior to the issue of a Development Permit for Operational Works for stage 1 of the subdivision civil works, as follows:

(a) The Stormwater Drainage Master Plan shall:


ii. Detail the impact/effects of stormwater discharges from the development on other properties, both upstream and downstream, and the measures required to minimise such effects.

iii. Comply with the objectives and design criteria of Sections CP1 “Construction Procedures”, D4 “Stormwater Drainage”, D5 “Stormwater Quality Management” and “Johnstone Shire Council Specific Requirements” of the FNQROC Development Manual. In particular, the post development discharge must have a “no-worsening” effect on the drainage of upstream or downstream properties.

iv. Implement Water Sensitive Urban Design (WSUD) in accordance with best practice for WSUD to the satisfaction of the Director Works & Services and generally in accordance with Cardno CCS Drawing No.’s MCU30 Rev CB to MCU31 Rev CB, dated 13 June 200710 September 2010.

v. Detail the drainage infrastructure (size and scope etc.) and the location of any drainage easements/reserves required to convey stormwater drainage, including overland flow paths, through the development to the “Point of Lawful Discharge to Stormwater”.

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vi. Be consistent with the referral agency advice contained in correspondence from the Great Barrier Reef Marine Park Authority dated 24 September 2007 (see Attachment 2).

vii. Be endorsed by the Director Works & Services prior to submission of the Operational Works application for each stage of the proposed development.

57) Stormwater Drainage Works: The Applicant/Owner must undertake stormwater

drainage works, both internal and external to the development, to connect the development to the approved “Point of Lawful Discharge to Stormwater” at no cost to Council, as follows:

(a) Implement Water Sensitive Urban Design (WSUD) in accordance with best practice for WSUD, the Stormwater Drainage Master Plan and to the satisfaction of the Director Works & Services.

(b) Suitable energy dissipation devices and scour protection shall be provided at all drainage outlets. Overland flow arising from major rainfall events must be accommodated within road reserve or park reserves as approved by the relevant authority.

(c) Three (3) copies [one (1) A1 size and two (2) A3 size] of a plan of the works for each stage of the subdivision civil works must be submitted to and be endorsed by the Director Works & Services prior to the issue of a Development Permit for carrying out Operational Works for that stage of the subdivision civil works.

(d) All works must be constructed in accordance with the Development Permit for Operational Works, the approved Stormwater Drainage Master Plan, the approved operational works plan(s), the Sea Haven Lake Total Management Plan, the Site Based Management Plan and the FNQROC Development Manual, to the requirements and satisfaction of the Director Works & Services, and prior to the signing and dating of the Plan of Survey of each stage.

58) Stormwater Quality Management Strategy: The Applicant/Owner shall prepare and

submit a revised Stormwater Quality Management Strategy to Council prior to the issue of a Development Permit for Operational Works for stage 1 of the subdivision civil works, as follows:

(a) The Stormwater Quality Management Strategy shall:


ii. Be consistent with the Stormwater Quality Management Strategy, Sea Haven Innisfail, prepared by Cardno Lawson Treloar, dated June 2007, (Ref: LJ8605/R8).

iii. Be consistent with the Stormwater Quality Management Plan, Appendix B of the Stormwater Quality Management Strategy, Sea Haven Innisfail, prepared by Cardno Lawson Treloar, dated June 2007, (Ref: LJ8605/R8).

iv. Be consistent with the Sea Haven Lake Total Management Plan and the Site Based Management Plan.


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vi. Comply with the objectives and design criteria of Sections CP1 “Construction Procedures”, D4 “Stormwater Drainage”, D5 “Stormwater Quality Management” and “Johnstone Shire Council Specific Requirements” of the FNQROC Development Manual.

vii. Implement Water Sensitive Urban Design (WSUD) in accordance with best practice for WSUD to the satisfaction of the Director Works & Services.


ix. Be endorsed by the Director Works & Services and the Director Shire Services prior to submission of the Operational Works application.

(b) The detailed design and construction of operational works for the proposed development must comply with the approved Stormwater Quality Management Strategy.

(c) The Stormwater Quality Management Strategy shall be referenced/ included in the Design & Construction Management Plan, the Sea Haven Lake Total management Plan and the Lake Water Quality Monitoring Plan.

59) Stormwater Quality Management Plan: The Applicant/Owner shall prepare and

submit a revised Stormwater Quality Management Plan to Council prior to the issue of a Development Permit for Operational Works for stage 1 of the subdivision civil works, as follows:

(a) The Stormwater Quality Management Plan shall:


ii. Be consistent with the Stormwater Quality Management Strategy.

iii. Be consistent with the Stormwater Quality Management Plan, Appendix B of the Stormwater Quality Management Strategy, Sea Haven Innisfail, prepared by Cardno Lawson Treloar, dated June 2007 (Ref: LJ8605/R8).

iv. Be consistent with the referral agency advice contained in correspondence from the Great Barrier Reef Marine Park Authority dated 24 September 2007 (see Attachment 2).

v. Comply with the objectives and design criteria of Sections CP1 “Construction Procedures”, D4 “Stormwater Drainage”, D5 “Stormwater Quality Management” and “Johnstone Shire Council Specific Requirements” of the FNQROC Development Manual.

vi. Be consistent with the Sea Haven Lake Total Management Plan and the Site Based Management Plan.

vii. Implement Water Sensitive Urban Design (WSUD) in accordance with best practice for WSUD to the satisfaction of the Director Works & Services.


ix. Be endorsed by the Director Works & Services and the Director Shire Services prior to submission of the Operational Works application.

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(b) The detailed design and construction of operational works for the proposed development must comply with the approved Stormwater Quality Management Plan.

(c) The Stormwater Quality Management Strategy shall be referenced/ included in the Design & Construction Management Plan, the Sea Haven Lake Total management Plan and the Lake Water Quality Monitoring Plan.

60) Street Lighting: The Applicant/Owner must make arrangements for the installation

of street lighting within the proposed development prior to the signing and dating of the Plan of Survey for each stage of the development, as follows:

(a) Prior to the issue of a Development Permit for Operational Works for each stage of the subdivision civil works, a Rate 2 lighting scheme shall be prepared by the electricity provider or its approved consultant and submitted to the Director Works & Services for endorsement.

(b) The Rate 2 Lighting Scheme shall be designed in accordance with the relevant Road Lighting Standard AS/NZS 1158 “Lighting for Roads and Public Spaces” 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.

(c) The design must provide the applicable illumination level specified in the Road lighting Standard AS/NZS 1158 at the following road elements:

� Straight Sections;

� Curves;

� Intersections and junctions;

� Roundabouts;

� Cul-de-sacs;

� Pedestrian Refuges;

� Pedestrian Crossings;

� Local Area Traffic Management (LATM) devices; and

� Other locations, which Council considers are a hazard requiring lighting.

(d) Prior to the issue of a Development Permit for Operational Works for each stage of the development, the Applicant/Owner must submit written confirmation that the relevant capital contribution required by the electricity provider has been paid, to ensure that the street lighting will be constructed.

(e) Where a new intersection is formed on an existing roadway for the purpose of accessing a new subdivision development, both the intersection and the existing road for a minimum of two (2) spans of lighting on either side of the intersection shall be provided with lighting to the relevant Lighting Category.

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61) Telecommunications: Underground telecommunications services shall be provided

to the development and unless approved otherwise by Council, shall be located within Road Area as required by the FNQROC Development Manual. The Applicant/Owner must provide written evidence of negotiations with the telecommunications authority stating that services will be provided to the development and that satisfactory arrangements have been made in relation to the provision of such services to all lots within the development. Such evidence for each stage of the development is to be provided to Council prior to the signing and dating of the Plan of Survey for that stage of the development. All required fees and contributions must been paid to the telecommunications authority such that connection will be made upon application. Evidence of such payments must be supplied to the Council prior to the signing and dating of the Plan of Survey.

62) Traffic Management: All traffic signs and delineation shall be installed in

accordance with the Queensland Manual of Traffic Control Devices (MUTCD) by the Applicant/Owner prior to the signing and dating of the Plan of Survey. All proposed local street roundabouts shall be suitably signed and line marked in accordance with Council standards and MUTCD.

63) Traffic Management Plan: The Applicant/Owner shall prepare and implement a

Traffic Management Plan produced by a suitably qualified person for works on existing roads. A Traffic Management Plan must be submitted prior to the initial construction pre-start meeting for each phase of bulk earthworks and marine structures and each stage of subdivision civil works.

Works on roads are to be undertaken in accordance with the Queensland Manual of Traffic Control Devices (MUTCD). No public road may be closed, traffic diverted from public roads, or traffic diverted elsewhere without the prior approval of Council and/or the District Superintendent of Traffic (if required). Proposals to divert traffic shall include full details of the alternative route and proposed signing. Public advertising of the proposed diversion or closure must be carried out by the Applicant prior to and to advise the public, of any such road closures and/or diversions.

64) Vegetation: The Applicant/Owner shall undertake the operational works for the

proposed development in relation to vegetation as follows:

(a) Except where vegetation is to be cleared for roads and infrastructure specified by the Development Permit for Operational Works and the approved plans, all other native vegetation on the site must be retained.

(b) No clearing is permitted to be undertaken during the wet season.

(c) Rehabilitation works are to be undertaken in accordance with the Rehabilitation Plan.

(d) Vegetation works shall be undertaken in accordance with the Sea Haven Lake Total Management Plan and the Site Based Management Plan.

(e) Vegetation Management should be consistent with the referral agency advice contained in correspondence from the Great Barrier Reef Marine Park Authority dated 24 September 2007 (see Attachment 2).

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(f) All Operational Works for the clearing of native vegetation are to comply with the specifications contained in the Referral Agency Response from the Department of Natural Resources and Water dated 16 November 2007.

65) Water Connection: The Applicant/Owner shall provide a water connection, to each

and every lot in the proposed development at no cost to Council. The water connection shall be provided by supplying all necessary material and performing all necessary works at the expense of the Applicant/Owner, as required by the FNQROC Development Manual, to the satisfaction of the Director Works & Services. The water connection (service) must be fitted with a meter and constructed in approved materials. The meter must be a Council approved integrated unit including backflow prevention device and stopcock, and be installed in an approved below ground box in accordance with Councils Standard Drawing 05012. Water and telecommunications/electricity services must be provided at opposing corners of each lot.

66) Water Supply Infrastructure Contributions: In accordance with Council’s Planning Scheme Policy 6 – Trunk Infrastructure Contributions And External Works, a Water Supply Contribution is payable by the Applicant/Owner to Council in respect of this development as follows:

(a) The Contribution must be paid prior to Council signing and dating any Plan of Survey.

(b) The Contribution shall be calculated at the contribution rate applicable at the time of payment.

(c) The proposed development is outside the declared Water Precinct and is therefore considered as remote. The applicable contribution rate is the North Area Water Supply Scheme Infrastructure Charge.

(d) The Service Demand Increase (SDI) is calculated at 182 ET, (i.e. 183 new serviced lots less 1 existing serviced lot).

(e) The current Water Supply Contribution Rate is $5,269/ET.

67) Water Supply Master Plan: The Applicant/Owner must, at no cost to Council, undertake a study and submit a detailed Water Supply Master Plan to Council for approval prior to the issue of a Development Permit for Operational Works for stage 1 of the subdivision civil works, as follows:

(a) The Water Supply Master Plan shall:

i. Detail the impact of the development on the water supply network and the additional/upgraded infrastructure required to connect the development to Council’s existing water supply infrastructure.

ii. Detail the size of water main(s) and other water supply infrastructure, required to service the development, and the location of any easements/reserves required for such infrastructure.

iii. Comply with the objectives and design criteria of Sections CP1 “Construction Procedures” and D6 “Water Reticulation Design Guidelines” of the FNQROC Development Manual.

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iv. Be endorsed by the Director Works & Services prior to submission of the Operational Works application for Stage 1 of the development.

(b) Council commissioned consultant Cardno, Queensland (Milton Office, Brisbane),

for water demand modelling in the Johnstone Shire and as a requirement of this approval, modelling of the proposed water infrastructure requirements for the proposed development is required. The Applicant/Owner is to fund the cost of the necessary modelling and any peer review required by Council to ascertain the impacts of this development. The peer review would be conducted by Cardno Queensland on behalf of Council.

68) Water Supply Works: The Applicant/Owner must, at no cost to Council, undertake

water supply works both internal and external to the development to connect the development to Council’s existing water supply infrastructure, as follows:

(a) The Applicant/Owner shall construct all necessary water infrastructure as required by the Approved Water Supply Master Plan, to connect the development to Council’s water supply scheme.

(b) The development shall be connected via an external trunk water main to the existing 450DN trunk water main near the Church Street Reservoir at a point determined by the Director Works & Services.

(c) The size of the proposed external trunk water main shall be as per the Approved Water Supply Master Plan and to the requirements and satisfaction of the Director Works & Services.

(d) The proposed external trunk water main shall be constructed in a material as determined by the Director Works & Services.

(e) Three (3) copies [one (1) A1 size and two (2) A3 size] of a plan of the works for each stage of the subdivision civil works must be submitted to and be endorsed by the Director Works & Services prior to the issue of a Development Permit for carrying out Operational Works for that stage of the subdivision civil works.

(f) All works must be constructed in accordance with the Development Permit for Operational Works, the approved Water Supply Master Plan, the approved operational works plan(s), the Sea Haven Lake Total Management Plan, the Site Based Management Plan and the FNQROC Development Manual, to the requirements and satisfaction of the Director Works & Services, and prior to the signing and dating of the Plan of Survey of each stage.

(g) The Applicant/Owner must pay the necessary “cut in” cost to connect to Council’s trunk main. The current fee/charge for each water main “cut in” installed by Council is as per Council’s Register of Regulatory Fees and must be paid prior to the works being undertaken. The fee/ charge payable shall be at the rate applicable at the time it is actually paid.

69) Wet Season Contingency Plan: The Applicant/Owner shall prepare and submit a

revised Wet Season Contingency Plan to Council for approval prior to the issue of a Development Permit for Operational Works for phase 1 of the bulk earthworks and marine structures (subject to the application for this Development Permit being lodged before the lodgement of the application for Operational Works for stage 1 of the subdivision civil works), as follows:

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(a) The Wet Season Contingency Management Plan shall:


ii. Be consistent with the findings of the Consulting Engineer’s Partial Response to Information Request: Supplementary Report on Bulk Earthworks prepared by Cardno CCS, dated June 2007, (Ref: Q054020), other than in relation to staging or phasing works.

iii. Be consistent with the Sea Haven Lake Total Management Plan and the Site Based Management Plan.

iv. Be approved/ endorsed by other authorities as required by the conditions of this Development Permit.

v. Be endorsed by the Director Works & Services prior to submission of the Operational Works application.

(b) The detailed design and construction of operational works for the proposed development must comply with the Wet Season Contingency Management Plan.

(c) The Wet Season Contingency Management Plan shall be referenced/included in the Sea Haven Total Management Plan.

Concurrence Agency Conditions: The Applicant/Owner shall comply with the Concurrence Agency Conditions contained within the following correspondence: 1) Department of Main Roads dated 28 June 2006, (ref: 66/10N/102 (2238.01)) (see

Attachment 3). 2) Environmental Protection Agency dated 27 September 2007, (ref: IPCC00432006A14,

IPCE00432106B24, IPCC00432206B34 and IPCC00432306B44) Department of Environment and Resource Management Amended Concurrence Agency Response dated 17 February 2011 (ref: CNS023003, CNS6122/286940 and MBA/000086) (see Attachment 4).

3) Department of Primary Industries and Fisheries dated 28 September 2007, (ref:

2006CA0403)Department of Employment, Economic Development and Innovation Conditions dated 24 February 2011 (ref: 2006CA0403) (see Attachment 5).

4) Queensland Transport (Maritime Safety) dated 10 July 2006 (see Attachment 6). 5) Queensland Transport dated 4 September 2007 and 6 September 2007, (ref: CRN-25)

(see Attachment 7). 6) Department of Natural Resources and Water dated 16 November 2007, (ref:

2007/011257:372289, MBA/000086, IR0706ATH0001) (see Attachment 8).

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Johnstone Shire Council Advice: 1) Council Indemnity: The Council is indemnified against any claims arising from

works carried out by the Applicant/Owner on Council property. 2) Aboriginal Cultural Heritage: The Applicant/Owner is to ensure compliance with the

requirements of the Aboriginal Cultural Heritage Act and in particular ‘the duty of care’ that it imposes all landowners, developers and the like.

3) Portable Long Service Leave: From 1st January 2000, the Building and Construction

Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit where one is required for the ‘Building and Construction Industry’. This applies to Building Works, Operational Works and Plumbing and Drainage Works applications, as defined under the Integrated Planning Act 1997, where the works are $80,000 or more and matching the definition of ‘Building and Construction Industry’ under the Building and Construction Industry (Portable Long Service Leave) Act 1991.

Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. Should you require clarification in regard to the amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6811.

4) Compliance with Laws: This approval does not negate the requirement for

compliance with all other relevant local laws and other statutory requirements. 5) Infrastructure Contributions: Current requirements and estimates of infrastructure

contributions may change when elements of the Johnstone Shire Council Priority Infrastructure Plan (PIP) are adopted.

6) Infrastructure Contributions - Deferral: In accordance with Council’s Planning

Scheme Policy 6 – Trunk Infrastructure Contributions And External Works, payment of Infrastructure Contributions may be deferred for a maximum period of two years from the date of signing and dating by Council of any Plan of Survey or issue of a Development Permit for Building Works or if no building works are involved prior to the commencement of the use. This is provided that the contribution(s) is secured by an unconditional bank guarantee received by Council prior to the above action. The bank guarantee must be 110% of the value of the deferred contribution(s). The contributions must be paid at the rate applicable at the time they are actually paid. The Contributions must be paid to Council within two (2) years of the above action or within 5 business days of settlement of sale of the allotment.

7) Queensland Fire and Rescue Service: The applicant should be aware of the

requirements of the Queensland Fire and Rescue Service, as advised in their advice agency response dated 11 July 2007 (see Attachment 9).

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Moved Cr I Rule Seconded Cr J Downs Resolution Number 1353



CARRIED

8. CORPORATE

Nil.

9. NOTICE OF MOTION

9.1 NOTICE OF MOTION - DRAINAGE FLOWS AND LEVELS - ETTY BAY ROAD 'CAUSEWAY' CULVERT SYSTEM

Recommendation:

“That a report be prepared by the relevant Council Officer in relation to drainage flows and levels in the proximity of the Etty Bay Road "causeway" culvert system."

Moved Cr B Horsford Seconded Cr C Silvestro Resolution Number 1354

"That the Recommendation be adopted subject to the inclusion of the word "scoping" before the word "report".


CARRIED

10. GENERAL BUSINESS

Nil.

11. CONFIDENTIAL

Nil.

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3.00pm There being no further business, the Mayor declared the meeting closed. CONFIRMED AS A TRUE AND CORRECT RECORD THIS 28th DAY OF APRIL 2011.

__________________________________ Mayor

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Documents

Minute Manager 2 - Cassowary Coast Region · 2013. 9. 16. · Metricon Innisfail Partnership Pty Ltd - MCU-347/4 - Coquette Point Road and River Road, Innisfail - Request to Change