agenda - cassowary coast region...2012/10/29 · agenda 9.00am opening prayer by pastor rob...

LOCAL GOVERNMENT MEETING

29 October 2012

AGENDA

Cr Bill Shannon

Cr Glenn Raleigh

Cr Bryce Macdonald

Cr Alister Pike

Cr Mark Nolan

Cr Ian Rule

Cr Kylie Farinelli

Mayor

Division 1

Division 2

Division 3

Division 4

Division 5

Division 6

Please find attached, agenda for the Local Government Meeting to be held in the Council Chambers - Board Room, 38-40 Bryant Street, Tully commencing at 9.00am.

Terry Brennan CHIEF EXECUTIVE OFFICER

AGENDA

9.00am Opening Prayer by Pastor Rob Magarey, Tully Family Church, representing the Tully Ministers' Fraternal

10.00am – 10.30am Morning Tea

12.15pm – 1.00pm Lunch

1. CONFIRMATION OF MINUTES ............................................................................................. 3 1.1 Confirmation of Minutes of Local Government Meeting, 11 October 2012 .................. 3

2. RECEIPT OF MINUTES ....................................................................................................... 20 2.1 Receipt of Minutes of JSRIT Meeting, 16 August 2012 ............................................. 20

2.2 Receipt of Minutes of JSRIT (Budget) Meeting, 16 August 2012 .............................. 24

2.3 Receipt of Minutes of CSRIT Meeting, 16 August 2012 ............................................ 26

2.4 Receipt of Minutes of CSRIT (Budget) Meeting, 16 August 2012 .............................. 30

2.5 Receipt of Minutes of JSRIT/CSRIT Joint Meeting, 16 August 2012 ......................... 32

2.6 Receipt of Minutes of CCRC Traffic Consultative Committee Meeting, 24 September 2012 ................................................................................................................................. 35

3. BUSINESS FROM PREVIOUS MINUTES ........................................................................... 39

4. MANAGEMENT ................................................................................................................... 39 4.1 December 2012/January 2013 Local Government Meetings..................................... 39

4.2 Financial Assistance Grant 2012/13 ......................................................................... 41

5. WORKS ............................................................................................................................... 43 5.1 Upgrade to Lower Butler Street Tully ........................................................................ 43

5.2 Reconstruction of Edmund Kennedy Walking Track-Contract No. 1213- 008 ........... 48

5.3 Construction of New Cell at Tully Landfill .................................................................. 54

5.4 Minor Repair Works on Various Small Landslips Track-Contract No. 1213- 018 ....... 60

5.5 Reconstructing Cardwell Contract - Progress Report ................................................ 64

5.6 Clump Point and Dunk Island Jetties Reconstruction Contract - Progress Report ..... 64

6. COMMUNITY ....................................................................................................................... 65 6.1 Mission Beach Progress Hall .................................................................................... 65

6.2 Cowley Beach to Liverpool Creek Dune Track .......................................................... 72

6.3 Tully Showgrounds Lighting Upgrade - LGGSP Application ...................................... 76

7. PLANNING & ENVIRONMENT ............................................................................................ 77 7.1 DA019/12C - Material Change of Use for Light Industry (Motor Vehicle and Farm Machinery Workshop) & an ERA #21 (Motor Vehicle Workshop) ........................................ 77

7.2 Permanent Road Closure - Lots 2 & 3 on RP904364 - Bluff Road, Bilyana ............. 111

7.3 Solid Waste Management Strategy - Community Consultation ............................... 119

8. CORPORATE .................................................................................................................... 122 8.1 Financial Statement for period 1 July 2012 to 30 September 2012 ......................... 122

8.2 Quarterly Progress Review - CCRC Operational Plan 2012/13 as at 30 September 2012 ............................................................................................................................... 146

9. NOTICE OF MOTION......................................................................................................... 148

10. GENERAL BUSINESS ....................................................................................................... 148

11. CONFIDENTIAL ................................................................................................................. 148 11.1 Rates - Intention to sell land for Rate Arrears ......................................................... 148

Agenda – CCRC Local Government Meeting 29 October 2012

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1. CONFIRMATION OF MINUTES

1.1 Confirmation of Minutes of Local Government Meeting, 11 October 2012

Recommendation:

“That the Minutes of the Local Government Meeting held on 11 October 2012 be confirmed as a true and correct record.”


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2. RECEIPT OF MINUTES

2.1 Receipt of Minutes of JSRIT Meeting, 16 August 2012

Recommendation:

“That the Minutes of the Johnstone Shire River Improvement Trust Meeting held on 16 August 2012 be received.”


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2.2 Receipt of Minutes of JSRIT (Budget) Meeting, 16 August 2012

Recommendation:

“That the Minutes of the Johnstone Shire River Improvement Trust (Budget) Meeting held on 16 August 2012 be received.”


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2.3 Receipt of Minutes of CSRIT Meeting, 16 August 2012

Recommendation:

“That the Minutes of the Cardwell Shire River Improvement Trust held on 16 August 2012 be received.”


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2.4 Receipt of Minutes of CSRIT (Budget) Meeting, 16 August 2012

Recommendation:

“That the Minutes of the Cardwell Shire River Improvement Trust (Budget) Meeting held on 16 August 2012 be received.”


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2.5 Receipt of Minutes of JSRIT/CSRIT Joint Meeting, 16 August 2012

Recommendation:

“That the Minutes of the JSRIT/CSRIT Joint Meeting held on 16 August 2012 be received.”


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2.6 Receipt of Minutes of CCRC Traffic Consultative Committee Meeting, 24 September 2012

Recommendation:

“That the Minutes of the CCRC Traffic Consultative Committee Meeting held on 24 September 2012 be received.”


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3. BUSINESS FROM PREVIOUS MINUTES

Nil

4. MANAGEMENT

4.1 December 2012/January 2013 Local Government Meetings Author & Officer's Title: Terry Brennan - Chief Executive Officer

Meeting Date: 29 October 2012

Executive Summary:

The Council needs to determine appropriate dates for its Local Government meetings in December 2012 and January 2013. In lieu of holding fortnightly meetings in these months it is proposed to have only one meeting in December 2012 and one meeting in January 2013. Recommendation:

“That the following meeting arrangements be adopted for December 2012 and January 2013: 1. Only one Local Government meeting be held in December 2012 and it be held on

13 December 2012 in Innisfail; 2. Only one Local Government meeting be held in January 2013 and it be held on 17

January 2013 in Tully; and The meeting dates be advertised accordingly.”

Background: The Council's scheduled meeting dates for December 2012 are as follows: Local Government Meeting (Works & Community Services) 13 December 2012 Local Government Meeting (Planning & Environmental Services and Corporate Services) 27 December 2012 It is suggested that the meetings are combined and only one meeting held on the 13 December 2012. This will allow Council Officers sufficient time to initiate/complete any follow-up actions from the meeting prior to the Christmas/New Year break. The Council's scheduled meeting dates for January 2013 are as follows: Local Government Meeting (Works & Community Services) 10 January 2013 Local Government Meeting (Planning & Environmental Services and Corporate Services) 24 January 2013


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Given that Australia Day falls on Saturday, 26 January 2013 and that Council may be required to endorse the award nomination recommendations of the Australia Day Committee prior to awards being engraved and certificates being completed, it is suggested that the meetings are combined and only one meeting held on the 17 January 2013. Link to Corporate Plan:

Outcome 4.4 – Compliance with legislative obligations

4.4.1 Ensure compliance with our legislative obligations. Consultation: Internal Legal Implications (Statutory basis, legal risks): Nil Policy Implications: Nil Financial & Resource Implications: Cost of advertising Report prepared by:

Peter Cochrane - Director, Corporate Services Report authorised by: Terry Brennan - Chief Executive Officer Report created date: 16 October 2012


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4.2 Financial Assistance Grant 2012/13 Author & Officer's Title: Terry Brennan - Chief Executive Officer


Executive Summary:

The Council has recently received advice from the Qld Local Government Grants Commission of its approved Commonwealth Financial Assistance Grant for the 2012/13 financial year. The total approved grant for 2012/13 is $3,100,596 as opposed to an approved allocation of $3,428,731 in the previous financial year. The reduced grant allocation will impact on the adopted Budget for 2012/13 given the amount of the reduction and it will be necessary to take this into account in the Six Month Budget review. The identified road component of the grant is a funding source for the Capital Roadworks Program and it will be necessary to review this program in light of the reduction in funding. Recommendation:

“That Council write to the Qld Local Government Grants Commission seeking an explanation of the reasons as to why the Financial Assistance Grant allocation to Council for the 2012/13 financial year has reduced significantly from the previous financial year."

Background: The Qld Local Government Grants Commission (QLGGC) has recently issued advice concerning the approved Commonwealth Financial Assistance Grant allocations for the 2012/13 financial year. The grant allocations are in accordance with methodology developed by the QLGGC and approved by the Commonwealth Government, which must also approve the individual grant allocations to Councils each year. The Schedule of Grant Allocations for 2012/13 indicates that the amount allocated to the Cassowary Coast Regional Council (CCRC) has reduced by a substantial amount from the previous financial year. The grant is made up of two components, a General Purpose grant and an Identified Road grant, with the approved amounts for 2012/13 being as follows:

General Purpose Grant $2,180,123

Identified Road Grant $920,473

Total Combined Grant $3,100,596

The approved grant allocation for CCRC in the 2011/12 financial year was as follows:

General Purpose Grant $2,352,996

Identified Road Grant $1,075,735

Total Combined Grant $3,428,731


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Following receipt of advice of the grant allocations for 2012/13, preliminary discussions were held with officers from the Department of Local Government, which supports the operations of the QLGGC, of the reasons for the reduction in the grant. Some factors which have contributed to the reduction include a reduced grant pool to Queensland of approx. $7.4 million due to over estimation of population and CPI movements from the previous financial year; and the removal of the cap previously in place which provided that no amalgamated Council would receive a reduced grant in the first four years following amalgamation. It is unclear if this explains all of the reasons for the reduction in the grant allocation to CCRC this year and Council should consider seeking clarification from the QLGGC of the reasons for the significant reduction in its Financial Assistance Grant this year. A preliminary review of the approved grant allocations received by a number of other Councils indicates that some have also received significant reductions this year. Link to Corporate Plan: 4.1.5 - Maximise funding from external sources and commercial revenue streams to reduce dependence on rate income. Consultation: Preliminary discussions with officers from the Department of Local Government. Legal Implications (Statutory basis, legal risks): Nil Policy Implications: Nil Financial & Resource Implications: The reduced grant allocation will impact on the adopted Budget for the 2012/13 financial year. The Budget allowed for a combined grant of $3,437,450 and with the actual allocation being $3,100,596, this represents a reduction of $336,854 from the budgeted amount. The reduction in income will need to be taken into account in the Six Month Budget review, with either reductions in expenditure or additional revenue from other sources needing to be identified. The Identified Road grant component of the grant is used as a source of funding for the Capital Roadworks Program and it will be necessary to review the approved program to offset this reduction in funding. Report prepared by:

Terry Brennan - Chief Executive Officer Report created date: 17 October 2012


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5. WORKS

5.1 Upgrade to Lower Butler Street Tully Author & Officer's Title: Tony Rooks - Manager Major Projects & Fleet


Executive Summary:

This report was prepared based on the tender assessment prepared by Council officers. The report contains a summary of the detailed assessment of the tenderers prepared for the Butler Street Upgrade Stage 1 Project. Recommendation:

"That the conforming tender submitted by Koppens Developments, in consideration of the assessment criteria and being the most advantageous to Council, be accepted for the tendered amount of $2,741,146.00 (excl. GST) for Sector A of the Upgrade to Lower Butler Street Tully, in respect of Tender No. 1213-001: Upgrade to Lower Butler Street Tully."

Background:

This report has been prepared in relation to the tenders received for Cassowary Coast

Regional Council (CCRC) Contract No. 1213-001: Upgrade to Lower Butler Street Tully. The

upgrade is necessary to repair damage to the area caused by flooding events combined with

a recognized need to upgrade the entry into the Tully CBD. The works are a joint QRA

component and a CCRC 'enhancement' component, which include:

Earthworks

Demolition works

Concrete and Drainage works

Retaining walls

Walkways and footpaths

Roadworks and Surfacing works Civil works Sector A is the bulk of the upgrade works and Sector B is for the improvement works from the Fire Station. Scope of Works:

Calling of Tenders:

The invitation to tender for Contract No. 1213-001: Upgrade to Lower Butler Street Tully was

advertised on:

19 and 22 September 2012 in the Cairns Post, Innisfail Advocate, and Townsville

Bulletin

20 September 2012 in the Tully Times


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Tenders closed on Wednesday 3 October 2012.

Four (4) tenderers provided conforming submissions that have been reviewed in this report.

Summary of Tenders Received:

The lump sum of each tender received is listed in Table 1 below.

Table 1 Tenders Received for Contract

Tenderer Lump Sum Tender Price A (Excl. GST)

Lump Sum Tender Price B (Excl GST)

RMS NQ Pty Ltd $3,778,090.61 $311,204.89

RHA Australia $3,544,826.15 $351,145.67

LDI Constructions $3,181,866.00 $170,341.00

Koppens Development $2,741,146.00 $154,146.10

Conformity of Tenders with Specification:

Preliminary Comparison & Assessment

All tenders were compared for overall conformance with the conditions of tendering. All

tenderers conformed to varying degrees.

Contract Period

A Date for Practical Completion (Date for PC) was stated in the Specification but it was open

for Tenderers to nominate. The Tenderers nominated a construction program and

completion date for the tender lump sum.

Table 2 Tenderers Contract Period

Tenderer Time for completion

RMS NQ Pty Ltd 22 weeks starting December 2012

RHA Australia 26 weeks starting in June 2013

LDI Constructions To be negotiated

Koppens Development 21 weeks start October 2012


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Evaluation of Tenders

General

Tenders were reviewed based on the information provided in the tenders and based upon

our recent experience with the Tenderers. The tendered prices for individual items were

compared against one another. Several components of the tenders submitted were found to

be of a similar magnitude.

The evaluation of the tenders as detailed in the tender document has taken into

consideration the following:

Value for Money (lump sum, variation risk) (40%)

Work Method and Approach (20%)

Relevant Experience (20%)

Tenderer's Key Personnel and Resources (10%)

Local content (10%)

Methodology:

Value for Money:

We considered both the lump sum and an estimated quantification of risk under this

parameter. We have included a component for risk in our assessment.

Comment on Quantification of Risk

The likely impact of a number of scenarios that may occur during the course of the contract

under the following categories which may lead to variations or delays or risk to Council:

Earthworks and civil changes

Delays caused by the contractor

Delays beyond contractor control and latent conditions

Disturbance to public

Points were allocated using the above and scoring is included

The results are provided are summarised in Table 3.


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Table 3 Summary of Value for Money Assessment for Part A at 40%

Tenderer Tender Lump

Sum Assessment

Scoring

RMS NQ Pty Ltd $3,778,090.61 1.89

RHA Australia $3,544,826.15 2.23

LDI Constructions $3,181,866.00 2.77

Koppens Development $2,741,146.00 3.43

The assessment is based upon primarily the information contained in the tender and the

scoring is from 1 to 5 where 1 is a low ranking and 5 is an excellent ranking. The

assessments were undertaken by Council officers and an independent consultant. Table 4

provides the Assessment Teams Scoring and Ranking

Table 4 Summary of Tender Assessment Scores utilizing Part A tendered pricing

Tenderer

Tender Lump Sum Scoring

Scoring for Other Criteria

Scoring for Project

Ranking for Project

RMS NQ Pty Ltd 1.89 1.8 3.69 3

RHA Australia 2.23 1.1 3.33 4

LDI Constructions 2.77 2.0 4.77 2

Koppens Development 3.43 2.0 5.43 1

Local Content:

The local content for each tender based on the location of the contractor and the sub

contactors. Contractors located within the CCRC boundaries were scored highest, and a

20% score reduction was given to contractors based outside the Council

Preferred Tenderer

When considering the tender assessment criteria discussed in the previous sections it was

deemed that Koppens Developments was the preferred Tenderer.

Link to Corporate Plan:

Outcome 4.2 – Achieve best practice asset management

4.2.4 Ensure that asset maintenance and replacement programs are fully funded.


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Consultation: Council officers, and consultants and referees of tenderers were consulted for this report. Legal Implications (Statutory basis, legal risks): There is an obligation upon Council to ensure compliance with current Policy Implications: Complies with Councils Purchasing Policy. Financial & Resource Implications: Sufficient NDRRA funding has been approved for the pavement reconstruction works to the Lower Butler Street and the Transit Centre. Council has allocated sufficient funds in the 2012-13 Transport Capital Works Program for the complimentary works associated with the upgrade of the intersection with Murray St and the Tully Mill Entrance, additional K&C, footpaths and drainage upgrade works. The preferred tenderer is capable of delivering the project within the total project budget. Report prepared by:

Tony Rooks - Manager Major Projects & Fleet Report authorised by: David Trotter - Director, Works Report created date: 16 October 2012


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5.2 Reconstruction of Edmund Kennedy Walking Track-Contract No. 1213- 008 Author & Officer's Title: Tony Rooks - Manager Major Projects & Fleet


Executive Summary:

This report was prepared based on the tender assessment prepared by Council officers for the Reconstruction of Edmund Kennedy Walking Track in Contract 1213-008. The track located along the beach front and headlands in South Mission Beach was extensively damaged during Cyclone Yasi with most infrastructure destroyed and many sections of the track damaged. Funding for the reconstruction has been approved by the QRA. Recommendation:

"That the conforming tender submitted by Tropical Coast Builders, in consideration of the assessment criteria and references provided and being the most advantageous to Council, be accepted for the tendered amount of $618,069.22 (excl. GST) for the Reconstruction of the Edmund Kennedy Walking Track, in respect of Tender No. 1213-008."

Background: This report has been prepared in relation to the tenders received for Cassowary Coast Regional Council (CCRC) Contract No. 1213-008: Reconstruction of Edmund Kennedy Walking Track for the restoration of the track and associated infrastructure in South Mission Beach damaged during Cyclone Yasi. The works include:

Clearing of debris and removal of track vegetation

Timber boardwalks and disabled access to Lovers Bay node

Aluminum walkways and staircases where required

Timber structures and picnic tables

Repairs to structures and installation of barrier fences

Entrance carpark repairs and resurfacing

Plantings of tube stock The works involve repairs and replacements of original structures and barriers from the Esplanade carpark to Tam-O-Shanter Point. Access to the track will be the most difficult exercise for the contractor. As the track will be a work site access for the public will by necessity be restricted and in some instances closed to the public.


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Scope of Works:

Calling of Tenders:

The invitation to tender for Contract No. 1213-008 was advertised on:

8 and 15 September 2012 in the Cairns Post, Innisfail Advocate, and Townsville Bulletin

13 and 20 September 2012 in the Tully Times




The lump sum of each tender received is listed in Table 1 below.


Tenderer Lump Sum Tender Price (Excl. GST)

Mark Watson Constructions $1,061,417.74

Tropical Coast Builders $ 618,069.22

Capital Constructions Qld. $1,820,006.96

Bluewater Builders $ 598,356.37

Tropical Coast Builders submitted 3 alternatives for the material types to the boardwalks:

A treated pine $596,880.33

B treated hardwood $640,709.65

C recycled plastic $769,124.48

The alternative price A did not include the tendered contingency amount and could therefore

not be considered further. The tendered design is to have a 25 year design life therefore

there was no added value in considering alternatives B and C at this stage.


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Preliminary Comparison& Assessment



Contract Period

A Date for Practical Completion (Date for PC) was not stated in the Specification but it was

open for Tenderers to nominate. The Tenderers nominated a construction program and

completion date for the tender lump sum. Two Tenderers provided a construction program

for the alternative tender lump sum.



Mark Watson Constructions

April 2013

Tropical Coast Builders February 2013

Capital Constructions Qld. Not specifically detailed 4 months indicated

Bluewater Builders January 2013


General








Relevant experience (10%)

Key Personnel skills and experience (10%)

Tenderer's Resources (10%)

Demonstrated Understanding of Project (10%)

Local content (10%)


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Methodology:

Value for Money:

We considered both the lump sum and an estimated quantification of risk.



under the following categories which may lead to variations or delays or risk to Council:


Access difficulties




Table 3 Summary of Value for Money Assessment 50%

Tenderer Tender Lump

Sum

Scoring including Risk Scenarios

(i.e. variations and delays)

Mark Watson Constructions $1,061,417.74 0.60

Tropical Coast Builders $618,069.22 1.70

Capital Constructions Qld. $1,820,006.96 -1.2

Bluewater Builders $598,356.37 1.95






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Table 4 Summary of Tender Assessment Scores

Tenderer

Tender Lump Sum

Scoring


Scoring for Project

Ranking for Project

Mark Watson Constructions

0.60 1.7 2.3 3

Tropical Coast Builders 1.70 1.7 3.40 1

Capital Constructions Qld.

-1.2 1.8 0.6 4

Bluewater Builders 1.95 1.3 3.25 2

All Tenderers provided lists of the personnel and plant to be used for the contract.

All Tenderers provided Quality Management and Environmental Management systems,

details.

The assessment of the likelihood and impact of delays in program has been included in the

quantification of risk provided in the “value for money” assessment.

Preferred Tenderer

When considering the tender assessment criteria discussed in the previous sections, and

also that Tropical Coast Builders has had past experience in this work it was deemed that

Tropical Coast Builders was the preferred Tenderer.


4.2.4 Ensure that asset maintenance and replacement programs are fully funded.


4.2.4 Ensure that asset maintenance and replacement programs are fully funded. Consultation: Council officers and consultants were consulted for this report. Legal Implications (Statutory basis, legal risks): There is an obligation upon Council to ensure compliance with current and future WH&S requirements in the operation of Council's Recreational facilities. Policy Implications: Complies with Councils Purchasing Policy.


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Financial & Resource Implications: Sufficient NDRRA funding has been approved for the repairs to the infrastructure and track facilities for the Edmund Kennedy Walking Track. Report prepared by:



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5.3 Construction of New Cell at Tully Landfill Author & Officer's Title: Tony Rooks - Manager Major Projects & Fleet


Executive Summary:

This report was prepared based on the tender assessment prepared by Council officers. The report contains a summary of the detailed assessment of the tenderers prepared for the project. Recommendation:

"That the conforming tender submitted by Celtic Constructions and Utility Services, in consideration of the assessment criteria and references provided and being the most advantageous to Council, be accepted for the tendered amount of $1,339,926.60 (excl. GST) for works, in respect of Tender No. 1213-005: Construction of New Cell at Tully Landfill."

Background:


Regional Council (CCRC) Contract No. 1213-005: Construction of New Cell at Tully Landfill.

The construction of a new cell is necessary to compensate for the volume of debris

deposited into the current Tully landfill due to the damage caused by cyclone Yasi. The

works include:

Earthworks

Supply and installation of a leachate drainage system

Supply and installation of a leachate collection and storage system

Supply and installation of a geomembrane lining system

Supply and installation of drainage structures

Miscellaneous civil works The membrane lining component is specialist works and the tenderers have all nominated the same specialists for these works.


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Scope of Works:

Calling of Tenders:

The invitation to tender for Contract No. 1213-005: Construction of New Cell at Tully Landfill

was advertised on:


Bulletin

20 September 2012 in the Tully Times



A site inspection was held on Wednesday 12th September 2012.


The lump sum of each tender received is listed in Table 1 overleaf.



Subloos $2,176,184.00

JPMI $1,439,912.00

Koppens Development $1,907,200.32

Celtic Construction and Utility Services (CCUS)

$1,339,926.60






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Contract Period

A Date for Practical Completion (Date for PC) was stated in the Specification but it was also

open for Tenderers to nominate. The Tenderers nominated a construction program and

completion date for the tender lump sum. Works need to be completed as soon as possible

to allow for excess waste stockpiled at El Arish and Cardwell to be transported to this facility.



Subloos 15 weeks

JPMI 12 weeks

Koppens Development 12 weeks


12 weeks


General









Key Personnel and Experience 10%


Demonstrated Understanding (10%)

Local content (10%)


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Methodology:

Value for Money:

We considered both the lump sum and an estimated quantification of risk under this

parameter. We have included a component for risk in our assessment.



under the following categories, which may lead to variations or delays or risk to Council:


Material changes to membranes or liners




Points were allocated using the above and scoring is included.

The results are provided are summarised in Table 3 below.

Table 3 Summary of Value for Money Assessment at 40%

Tenderer Tender Lump Sum

Assessment Scoring

Subloos $2,176,184.00 .39

JPMI $1,439,912.00 1.28

Koppens Development $1,907,200.32 .72


$1,339,926.60 1.40






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Table 4 Summary of Tender Assessment Scores

Tenderer

Tender Lump Sum Scoring


Scoring for Project

Ranking for Project

Subloos .39 2.1 2.49 3

JPMI 1.28 1.4 2.68 2

Koppens Development .72 1.8 1.52 4


1.40 2.0 3.4 1

Local Content:

The local content for each tender based on the location of the contractor and the sub

contactors. Contractors located within the CCRC boundaries were scored highest, and a

20% score reduction was given to contractors based outside the Council

Preferred Tenderer

When considering the tender assessment criteria discussed in the previous sections it was

deemed that Celtic Constructions and Utility Services was the preferred Tenderer.


Outcome 2.4 – Striving for best practice waste management

2.4.1 Review waste operations practices across the region to endeavour to achieve best practice.

2.4.2 Investigate the economic viability of having a recycling service across the region.

2.4.3 Continue community education campaign to encourage waste minimisation.

2.4.4 Investigate options for future landfill areas.

2.4.5 Monitor the development of alternative technologies for waste management. Consultation: Council officers, and consultants and referees of tenderers were consulted for this report.


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Legal Implications (Statutory basis, legal risks): There is an obligation upon Council to ensure compliance with current waste regulations. Policy Implications: Compliance with Councils Purchasing Policy. Financial & Resource Implications: Sufficient NDRRA funding has been approved for the works to the Tully Landfill. The preferred tenderer is capable of delivering the project within the total project budget. Report prepared by:

Tony Rooks - Manager Mayor Projects & Fleet Report authorised by: David Trotter - Director, Works Report created date: 16 October 2012


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5.4 Minor Repair Works on Various Small Landslips Track-Contract No. 1213- 018 Author & Officer's Title: Tony Rooks - Manager Major Projects & Fleet


Executive Summary:

This report was prepared based on the tender assessment prepared by council officers for the Minor Repair Works on Various Small Landslips for Contract 1213-018. The landslips which include works to the Nyleta Water Intake access road, Alexander Drive and eleven (11) other smaller landslips were as a result of damage caused by Cyclone Yasi. Funding for the repair works has been approved by the QRA. Recommendation:

"That the conforming tender submitted by GEO Construct, in consideration of the assessment criteria and being the most advantageous to Council, be accepted for the tendered amount of $1,523,880.55 (excl. GST) for the Minor Repair Works on Various Small Landslips, in respect of Tender No. 1213- 018."

Background:


Regional Council (CCRC) Contract No. 1213-018: Minor Repair Works on Various Small

Landslips during Cyclone Yasi. The works include:

Nyleta Creek Water Intake Road x 1

Alexander Drive x 2

Bingil Bay Road x 1

Cowley Beach Road x 1

East Feluga Road x 1

Mitchell Street x 1

Tully Gorge Road x 5

Cooroo Lands Road x 1

The works involve supply and installation of soil nails, supply and installation of gravity walls,

clearing of debris and spoil and installation of cutoff drains.


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Scope of Works:

Calling of Tenders:

The invitation to tender for Contract No. 1213-008: was advertised on:


Bulletin

20 and 27 September 2012 in the Tully Times

Tenders closed on Wednesday 3rd October 2012.

One (1) tenderer provided a conforming submission that has been reviewed in this report.


The lump sum of the tender received is listed in Table 1 below.



GEO Construct $1,523,880.55



The tender conformed for overall conformance with the conditions of tendering.

Contract Period

The Tenderer nominated a construction program and completion date for the tender lump

sum.



GEO Construct May 2013


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General

Tenders were reviewed based on the information provided in the tender.



Key Personnel skills and experience (10%)


Demonstrated Understanding of Project (10%)

Local content (10%)

Methodology:

Value for Money:

Both the lump sum and an estimated quantification of risk considered.



under the following categories, which may lead to variations, delays or risk to Council:


Access difficulties




The tenderer is highly experienced in this type of work and no relevant risks beyond normal

site conditions were envisaged.

The Tenderer provided a list of the personnel and plant to be used for the contract.

The Tenderer provided Quality Management and Environmental Management system

details.

The assessment of the likelihood and impact of delays in program has been included in the

quantification of risk provided in the “value for money” assessment.


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Preferred Tenderer

When considering the tender assessment criteria discussed in the previous sections, and

also that GEO Construct are the sole tenderer and also have the relevant experience in

these specialised works, it was deemed that GEO Construct is the preferred Tenderer.



4.2.4 Ensure that asset maintenance and replacement programs are fully funded. Consultation: Council officers and consultants were consulted for this report. Legal Implications (Statutory basis, legal risks): There is an obligation upon Council to ensure compliance with current and future WH&S requirements in the operation of Council's road infrastructure. Policy Implications: Complies with Council's Purchasing Policy. Financial & Resource Implications: Sufficient NDRRA funding has been approved by the QRA for the repairs works. The preferred tenderer is capable of delivering the project within the total project budget. Report prepared by:



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5.5 Reconstructing Cardwell Contract - Progress Report

This report will be provided 'under separate cover' as a 'late' report.

5.6 Clump Point and Dunk Island Jetties Reconstruction Contract - Progress Report



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6. COMMUNITY

6.1 Mission Beach Progress Hall Author & Officer's Title: Vince O’Brien - Manager, Community Facilities


Executive Summary:

In April 2012, Mr Lachie Rick OAM requested consideration be given to renaming the Mission Beach Progress Hall the Frank Rick - John Parsons Memorial Hall in recognition of the work carried out by these individuals in getting the Hall built and opened in 1964. Council wrote to the Mission Beach Progress Association in April 2012 requesting their views, however, no reply has been received to date. Mr Lachie Rick OAM was then invited to address Council at a Deputation on the 20 September 2012 and as a result the CEO wrote to the Mission Beach Community Association on the 24 September 2012 seeking their views on the matter. A reply has now been received from them (copy attached). Recommendation:

“That the report be received and the request be determined by Council.”

Background: The attached information gives most of the background on the history of the Hall and the involvement of Frank Rick and John Parsons. In my experience, if a name change is agreed to on any park, building etc. more than often the old name is still used, eg. Ayers Rock (Uluru). The suggestion from the Mission Beach Community Association of a plaque/interpretative sign or the like may have some merit as this would eliminate the possibility of others who should be recognised for their contribution not being acknowledged. I am led to believe that the Mission Beach Progress Association still runs a set of books and hires out the Hall through the proprietor of the Hideaway Caravan Park. The Mission Beach Progress Association may be interested in funding the feature or plaque. Link to Corporate Plan:

Outcome 1.5 – Build partnerships with the Cassowary Coast community

1.5.1 Identify opportunities to partner with community organisations (e.g. Chambers of Commerce, Traditional Owners, environmental groups, cultural groups, sporting associations etc.) in the Cassowary Coast Region to assist with delivering strategies in this Corporate Plan. Consultation: Mission Beach Community Association, Lachie Rick OAM, Councillors and CCRC Staff


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Legal Implications (Statutory basis, legal risks): Nil Policy Implications: Nil Financial & Resource Implications: Nil Report prepared by:

Vince O’Brien - Manager, Community Facilities Report authorised by: Julie Murphy - Director, Community Services Report created date: 17 October 2012


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6.2 Cowley Beach to Liverpool Creek Dune Track Author & Officer's Title: Damon Sydes - Coordinator Natural Resource Management


Executive Summary:

Council is in the process of finalising final alignment of the Cowley Beach to the Liverpool Creek dune track, a process that has been ongoing since it was resolved in December 2009 to re-open area to vehicle traffic in an environmentally sensitive manner. This report identifies options for the final stage of track alignment adjacent to the Cowley Beach Caravan Park. Recommendation:

"That the report be received and Council determine its preferred option for the route of the Cowley Track."

Background: There has been a long standing vehicle track along the dune system running from the Cowley Beach Boat Ramp through to the mouth of Liverpool Creek which provided access to camping and fishing spots located on the Council managed esplanade. The unmaintained access tracks were severely damaged after Cyclone Larry from significant tree fall and storm surge effects due to its exposed location. Ongoing concerns regarding unlawful access of the beach boat ramp, and damage to sensitive coastal environments were considered when the Cowley Beach community lobbied to re-open the track. A Vehicle Advisory Committee, Chaired by the Divisional Councillor, established in May 2009 met until November 2009 and conducted regular meetings, site inspections and one (1) facilitated workshop. A report identifying a range of options available to the regulatory agencies to manage the use of vehicles on all beaches, foreshores, dunes and marine infrastructure and reserves at Cowley beach was developed. This report covered a community attitude survey, beach usage surveys, land tenure issues and legislative framework, environmental, biodiversity and cultural issues. Through a long process of consultation it was resolved to work towards providing a safe, legal vehicle access to Liverpool Creek along the coastal dune system. This was supported by the then Department of Environment and Resource Management, Great Barrier Reef Marine Park Authority, Queensland Police Service, Terrain NRM, Department of Defence senior staff and the recognised traditional owners. At the Local Government Meeting held on 17 December 2009 (Resolution No. 0808), Council considered the outcome of community consultation and resolved to proceed with the process of re-opening the track to Liverpool Creek mouth and regulate vehicle usage through the reserve for environmental purposes and beaches north of the Cowley Beach Boat Ramp. As part of this process council was to develop an Environmental Impact Statement Report and also to proceed with taking control of the foreshores of State Government and developing new Local Laws to control vehicle usage on the regions beaches.


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Presently it is likely Cassowary Coast Regional Council (CCRC) will have formal control of nominated foreshores in the CCRC region in the coming months and already has the necessary Local Laws in place. In addition to this the area of reserve for recreation and camping required the development of a Land Management Plan and subsequent application to the State to excise a portion of this area as a road to allow works to proceed adjacent to NR5405, Reserve for Recreation and Camping. A report - "Cowley Beach Ecological Assessment and Dune Track Considerations" (August 2010) was produced to provide a framework for the intent of the track, possible alignment options, access control and signage measures. In this process all required permits were identified, vegetation assessment along the proposed alignments was conducted by CSIRO, and Traditional Owners contracted to develop a report on the cultural significance of the area. Identified permit requirements and exemptions under The Coastal Protection Act, Fisheries Act and Cultural Heritage Act and Environmental Protection and Biodiversity Conservation Act were obtained with works progressed in stages. In 2011 Cyclone Yasi severely damaged sections of the track and after advice from Workplace Health and Safety a temporary road closure was put in place for six months to reduce safety risk and allow time to survey new alignment options and again obtain relevant permits and exemptions to allow works to proceed legally. A 300m section of track had to be re-routed through sensitive vegetation to allow continued vehicle access at the southern portion of the track. In April 2012 the tenure changes were approved with conditions, and again a new botanical report addendum was conducted and further exemption and approvals were sought from relevant State and Federal Departments to allow completion of the last remaining section of track adjacent to the Caravan Park. Further limited consultation was conducted with stakeholders; the options provided for a possible re-alignment were met with a strong desire by relevant parties for differing locations but permits were sought that would allow a range of options to be considered. In the weeks preceding the 8 October 2012 start date of construction, after reviewing permit conditions and discussions with CCRC Natural Resources Management staff, the track alignment was chosen that would meet permit conditions and environmental and cultural criteria with the awareness that some parties would not be supportive of the chosen alignment as indicated though previous consultation.


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Criteria Used to Select Current Location 1. Permit requirements identified there was to be no impact on Coastal Process, limited

disturbance to marine and native vegetation and not to cause further erosion or land degradation.

2. Environmental Considerations - A botanical assessment conducted by CSIRO identified

areas of mapped vegetation under The Vegetation Management Act (1999) Management Class for RE 7.2.3e is Of Concern; and the Biodiversity Status is Of Concern; the Management Class for RE 7.2.7a is Of Concern, and the Biodiversity Status is Endangered. Under Federal legislation relating to the EPBC Act, Littoral Rainforest and Vine thickets is listed as a critically endangered ecosystem, the botanical report identified "the remaining littoral rainforest at this site is very resilient, although it is currently very poorly formed and mostly persists as clumps of tall shrubs lacking the expected structure of littoral rainforest".

The report also identified that which is still present should be recognised as "potential cassowary habitat and with favourable conditions the remnant clumps could regenerate and recuperate, and potentially expand to link up. Remnant vegetation affected will create greater opportunities for weed species to colonise the recently disturbed dune sands, and will jeopardise the integrity of the ecosystem in the short term".

On site investigations indicated the narrow width of this vegetation community and the possible long term loss of this ecosystem if the track was to dissect and further fragment it. Present alignment resulted in the removal of a small portion of vegetation and under pruning of western edges to allow track to pass through compared to alternative options.

3. Cultural Heritage assessment conducted as part of initial report identified this area as

culturally significant to the identified traditional owners with several artefacts being found at this location historically, and a mapped culturally significant area identified in State legislation.

In respect for wishes of traditional owners, disturbance to the area identified as a mapped cultural site was avoided.

4. Safety of track users and pedestrians in the area was considered and plans to mitigate

impacts by solid rail fencing, vegetation screening and controlled access locations for pedestrians are being undertaken. Signage indicating a slow point and vehicle/pedestrian shared area are on order.

5. Impacts on Caravan Park lessee were identified to be potential dust, noise and headlight

intrusions into leased area. The establishment of a vegetative screen will be undertaken. Further options to mitigate these effects, which are likely to be present regardless of final track location, are being investigated.

Present Options to Proceed 1. The current location with amendments to the section in front of the kitchen barbecue

area of Cowley Beach Caravan Park to relocate a 20m section of the track seaward by approx. 5m to re-enter the track abutting the caravan park boundary. A timber rail fence would be installed for the entire length of the caravan park boundary and three (3) controlled pedestrian access points constructed as per current plans.


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Screening vegetation and landscaping incorporated to reduce impact of dust and lights on caravan park patrons and provide further physical barrier to random entry.

Dust control options to be investigated.

This option is accepted by traditional owners and still achieves minimal disturbance to vegetation and coastal processes but will have a potential negative impact on Caravan Park Lessees.

2. Re route track, to alleviate the concerns of the caravan park lessees. The route

indicated by the caravan park lessees as acceptable however; traverses the area mapped as a culturally significant site and listed as endangered and potential critically endangered forest communities. This option would have to be considered after legal advice re intrusion into mapped cultural area.


Outcome 2.1 – A sustainable environment through natural resource management

2.1.2 Partner with other agencies and the community to assist the Council in meeting its natural resource management responsibilities.

2.1.4 Build and maintain partnerships with relevant agencies to ensure a coordinated approach is taken to natural resource management across the region.

2.1.5 Undertake appropriate operations to ensure that Council's obligations in relation to pest management, coastal management, fire management and vegetation management are met. Consultation: Cowley Beach Caravan Park Lessees Traditional Owners Legal Implications (Statutory basis, legal risks): Nil Policy Implications: Nil Financial & Resource Implications: Nil Report prepared by:

Damon Sydes - Coordinator Natural Resource Management Report authorised by: Julie Murphy - Director, Community Services Report created date: 18 October 2012


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6.3 Tully Showgrounds Lighting Upgrade - LGGSP Application



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7. PLANNING & ENVIRONMENT

7.1 DA019/12C - Material Change of Use for Light Industry (Motor Vehicle and Farm Machinery Workshop) & an ERA #21 (Motor Vehicle Workshop) Author & Officer's Title: Nicole Lizzio - Planning Officer


Attachments: 1. Infrastructure Charges Notice 2. Locality Plan 3. Overall Site Plan 4. Landscaping Plan 5. Building Layout Plan 6. Floor Plan & Elevations 7. Washdown/Treatment System Plan

Planning Instrument: Cardwell Shire Council Planning Scheme 2007

Applicant: Spearman Diesel Fitting Pty Ltd

Consultant (if applicable): GE Hopkins

Proposal: Material Change of Use for Light Industry (Motor Vehicle and Farm Machinery Workshop) & an ERA #21 (Motor Vehicle Workshop)

Level of Assessment: Impact Assessable

No. of Submissions: Nil

Common Property Address: Old Tully Road, Birkalla

RPD: Lot 179 on CWL1173

Land Area: 26.198ha

FNQRP: Regional Landscape & Rural Production Area

PS Zoning/Precinct: Rural Zone

PS Land Use Codes/ Development Codes:

Industry Code Car Parking Code CPTED Code Electricity Infrastructure Code Engineering Works Code Landscaping Code

PS Overlays: Nil

Existing Use of Land: Agriculture/cane farming

Existing Approvals: DA154/12 - Development Permit for Building Work (Class 10a Shed) and Compliance Permit for Plumbing & Drainage Work

Referral Agencies: Department of State Development, Infrastructure and Planning

Application Date: 27 June 2012

Executive Summary:

Council is in receipt of an application for Material Change of Use for Light Industry (Motor Vehicle and Farm Machinery Workshop) & an ERA #21 (Motor Vehicle Workshop). The application was prepared by GE Hopkins on behalf of Spearmen Diesel Fitting Pty Ltd. The subject property is located within the Rural Zone on land described as Lot 179 on CWL1173, situated at Old Tully Road, Birkalla.


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The application was Impact Assessable and therefore public notification was required. No properly made submissions were received by Council. The application triggered referral to the Department of State Development, Infrastructure and Planning as a Concurrence Agency. The subject site is located within the Regional Landscape & Rural Production Area as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031 and is considered to be consistent with the intent and policies of the plan. The application is generally consistent with the provisions of the FNQ Regional Plan 2009-2031 and the Cardwell Shire Council Planning Scheme 2007 and therefore the proposed application for Material Change of Use for a Light Industry (Farm Machinery Workshop) and an ERA #21 (Motor Vehicle Workshop) is recommended for approval subject to reasonable and relevant conditions. Recommendation:

“That a Development Permit be issued for a Material Change of Use for a Light Industry (Farm Machinery Workshop) and an ERA #21 (Motor Vehicle Workshop) on land described as Lot 179 on CWL1173, situated at Old Tully Road, Birkalla, subject to the following conditions”: 1. Proposal: That the development be undertaken generally in accordance with the

application and documentation as well as the plans in the table below, accepted by Council on 27 June 2012, all relating to Development Application No. 019/12C, excepting where varied by the following conditions.

Plan Number Plan Name Date

Dwg #: 2012-003-1 Sheet 1 of 1

Application for Material Change of Use for an Additional Use: "Light Industry - Motor Vehicle and Farm Machinery Workshop

June 2012

Dwg # 2012-003-3 Sheet 1 of 1

Landscaping Plan August 2012

Dwg # 2012-003-4 Sheet 1 of 1

Building Layout Plan August 2012

2. Timing of Effect: The conditions of the Development Permit must be complied

with prior to commencement of use, except where specified otherwise in these conditions of approval.

3. Amended Plans: An amended set of plans incorporating any of the changes

required by these conditions shall be provided to Council to be endorsed by the Director Planning & Environmental Services, prior to an application being made for building work. A copy of the endorsed plans must also be provided to the person from whom building approval is sought.

4. Carparking: The development is to provide a minimum of three (3) car parks on

the subject site. All car parking facilities must comply with the following requirements, to the satisfaction of the Director Planning & Environmental Services:


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The driveway and carparking area are to be constructed in accordance with Dwg

# 2012-003-3, dated August 2012 and Dwg # 2012-003-5, dated August 2012. All car parking facilities are to be designed and constructed to comply with

Australian Standard AS1428 Design for Access and Mobility and Australian Standard AS2890.1 Parking Facilities - off street car parking; and

All car parks must be constructed prior to the issue of a Certificate of Final

Inspection or a Certificate of Classification; and Car parking facilities are to be maintained and available at all times.

5. Lot Access: Access to the proposed development must be constructed in

accordance with FNQROC Development Manual Standard Drawing S1105, including sealing the access from the edge of the existing bitumen to the lot boundary, to the requirements and satisfaction of the Director Planning & Environmental Services. Future maintenance of the access is the responsibility of the landowner.

6. Landscaping: The applicant/owner is to landscape the subject site in accordance

with the approved Dwg # 2012-003-3, dated August 2012 and with the Landscaping Code.

The landscaped areas are to be planted with vegetation considered appropriate screen species that may be selected from Schedule 5 – Landscaping – Preferred Species of the Cardwell Shire Council Planning Scheme 2007. All landscaped areas and works are to be established to the requirements and satisfaction of the Director Planning & Environmental Services, prior to the issue of a Certificate of Final Inspection or a Certificate of Classification.

7. Signage: The applicant/owner must ensure that any signage on the subject site, for the proposed development, must comply with the Advertising Devices Code of the Cardwell Shire Council Planning Scheme 2007, to the requirements and satisfaction of the Director Planning & Environmental Services.

8. Waste Bins & Storage Areas: The waste bin and storage areas must be screened

from view of adjoining properties and road frontages, to the requirements and satisfaction of the Director Planning & Environmental Services.

9. Erosion & Sediment Control: Effective erosion and sediment control must be

maintained at all timed during and after construction work until there is adequate vegetation cover, paved or other controls to prevent any silt run-off from the site to the requirements and satisfaction of the Director Planning & Environmental Services.

10. 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.


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11. Stormwater Drainage: The applicant/owner must ensure that the flow of all

external stormwater from the property is directed to Council’s existing stormwater drainage system, such that stormwater does not adversely affect surrounding properties. A plan of these works is to be endorsed by Council prior to the lodgement of a development application for building work, to the requirements and satisfaction of the Director Planning & Environmental Services.

12. Environmental Nuisance: The applicant/owner is to ensure that noise from either

air conditioning units, service equipment, swimming pool filters or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Director Planning & Environmental Services, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

13. Night Lighting: The applicant/owner is to ensure that all night lighting is designed

and constructed to the satisfaction of the Director, Planning & Environmental Services so as to ensure that light emitted from the subject site does not, in the opinion of the Director Planning & Environmental Services, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).


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Environmentally Relevant Activity # 21 (Motor Vehicle Workshop) Conditions:

SCHEDULE A - GENERAL CONDITIONS Commencement of Activity (A1) The holder of this Development Approval must ensure that a final inspection is

conducted by an Authorised Officer of the Administrative Authority and that a compliance level is achieved, prior to the activity commencing.

Compliance with Development Approval (A2) Contaminants must not be released to the environment other than in accordance with

this Development Approval. (A3) The holder of this Development Approval must:

(a) install and operate all works and control equipment, and

(b) take all measures, perform all acts and do all things, necessary to ensure compliance with the conditions of this Development Approval.

Display of Development Approval (A4) A copy of this Development Approval must be kept in a location readily accessible to

personnel carrying out the activity.

Records (A5) Any record required to be kept by a condition of this Development Approval must be

kept at the licensed place and be available for examination by an authorised person. (A6) Copies of any record, required to be kept by a condition of this Development

Approval must be provided to any authorised person or the Administering Authority on request.

Alterations (A7) No change, replacement or operation of any plant or equipment is permitted if the

change, alteration or operation of the plant or equipment increases, or is likely to substantially increase, the risk of environmental harm or environmental nuisance.

Panel Beating and Spray Painting (A8) This Development Approval does not permit panel beating or spray painting to be

carried out at the premises. Commencement of Activity (A9) The holder of this Development Approval must ensure that a final inspection is

conducted by an Authorised Officer of the Administrative Authority and that a compliance level is achieved, prior to the activity commencing.


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SCHEDULE B- AIR Release of Contaminants to the Atmosphere (B1) Except as otherwise provided by the conditions of the air schedule of this

Development Approval the environmentally relevant activity must be carried out by such practicable means necessary to prevent or minimise the release or likelihood of release of contaminants to the atmosphere.

Noxious or Offensive Odour (B2) Notwithstanding any other condition of this Development Approval, no odour

determined to be noxious or offensive by an authorised person is to be released beyond the boundaries of the licensed place.

Nuisance (B3) No release of contaminants, including but not limited to odour, dust, smoke, fume,

particulate, and aerosols is to cause or be likely to cause an environmental nuisance beyond the boundaries of the licensed place.

SCHEDULE C - WATER

Release of Contaminants to Waters (C1) Except as otherwise provided by the conditions of the water schedule of this

Development Approval the environmentally relevant activity must be carried out by such practicable means necessary to prevent or minimise the release or likelihood of release of contaminants to waters.

(C2) Contaminants must not be directly or indirectly released from the licensed place to

any waters or the bed and banks of any waters except as permitted under the water schedule or the stormwater management schedule or to a sewer unless permitted by the Cassowary Coast Regional Council in accordance with it’s Trade Waste Policy.

SCHEDULE D - STORMWATER MANAGEMENT Contaminant Releases Caused by Rainfall (D1) Except as provided by the conditions of the stormwater management schedule and

the water schedule of this Development Approval, the environmentally relevant activities must be carried out by such practicable means necessary to prevent or minimise the contact of incident rainfall and stormwater runoff with wastes or other contaminants, and prevent or minimise the release or likelihood of release of any such contaminated runoff from the licensed place.

Specific Stormwater conditions: (D2) All work areas must be sealed with asphalt or cement so as to prevent the ingress of

spilt waste to the soil. (D3) For the purposes of this licence, stormwater and liquid collecting within any bunded

areas must be regarded as contaminated and must not be discharged to storm water.


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(D4) All waste water collected within a bunded area must be directed to a holding tank and

removed by a licensed waste contractor or in a manner approved by the Administering Authority.

(D5) Stormwater run-off must be diverted to avoid contact with contaminated areas on site.

(D6) Suitable absorbent materials for oil and liquid spills must be readily available.

(D7) Oil and liquid spills must be cleaned up immediately.

SCHEDULE E - LAND APPLICATION

Release of Contaminants to Land

(E1) Except as otherwise provided by the conditions of the land application schedule of this Development Approval the environmentally relevant activities must be carried out by such practicable means necessary to prevent or minimise the release or likelihood of release of contaminants to land.

SCHEDULE F - NOISE

Emission of Noise

(F1) Except as otherwise provided by the conditions of the noise schedule of this Development Approval the environmentally relevant activities must be carried out by such practicable means necessary to prevent or minimise the emission or likelihood of emission of noise.

(F2) The emission of noise from the licensed place must not result in levels greater than those specified in Table 1 of the Noise Schedule.


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SCHEDULE F TABLE 1

NOISE LIMITS AT A NOISE SENSITIVE PLACE

Period Noise Level at a Noise Sensitive Place Measured as the Adjusted Maximum Sound Pressure Level LAmax adj, T

7 am - 6 pm

Background noise level plus 5 dB(A)

6 pm - 10 pm


10 pm - 7 am


NOISE LIMITS AT A COMMERCIAL PLACE

Period Noise Level at a Commercial Place measured as the Adjusted Maximum Sound Pressure Level LAmax adj, T

7 am - 6 pm


6 pm - 10 pm


10 pm - 7 am


General (F3) Noise levels on site are subjected to the Environmental Protection (Noise) Policy

1997. The Administering Authority may order requirements to minimise noise levels.

SCHEDULE G - WASTE MANAGEMENT General (G1) Waste must not be released to the environment, stored, transferred or disposed

contrary to any condition of this Development Approval. (G2) Waste must not be burnt or allowed to burn on the licensed site or removed and burnt

elsewhere unless specifically permitted by an Development Approval. (G3) Records of trade waste agreements must be made available for inspection on

request. (G4) An area must be set aside for the segregation and storage of recyclable solid wastes. (G5) Where a no-cost recycling service is available, recyclable waste must not be

deposited in the general waste stream.


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Liquid Storage and Handling Conditions (G6) All tank or drum storage must be bunded so that the capacity of the bund is sufficient

to contain at least 125% of the largest storage tank within the bund, unless otherwise approved by the Administering Authority.

(G7) All bunding must be constructed of materials which are impervious to the materials

stored. (G8) All bunding must be roofed where practicable. (G9) All spilled materials on roadways or in bunded areas on the site must be cleaned-up

immediately. (G10) The base and walls of all bunded areas must be maintained free from gaps or cracks. (G11) A collection sump must be provided in the floor of the bunding to facilitate the

removal of liquids. The bund floor must be graded so that the fall is towards the collection sump.

(G12) All workshop areas must either have:

(i) a ‘Dry workshop’ approach which excludes the use of water or degreaser from being used to clean equipment ( not including kerosene washes). All spills must be cleaned up immediately using an absorbent material; or

(ii) the installation of an approved oil separator located within the workshop area or

other location approved by the Administering Authority. Any washdown areas must also be connected to the oil separator and treated waters discharged to sewer or soakage trench (in non-sewered areas) to the approval of the Administering Authority. Any detergents used must not be of an emulsifying type that would prevent oil being separated through the oil separator. Separator(s) must be effectively maintained at all times and cleaned as required.

(G13) A system must be provided for the collection and disposal of all regulated waste to a

licensed contractor. Off Site Movement (G14) Where regulated waste is removed from the licensed place (other than by a release

as permitted under another schedule of this Development Approval), the holder of this Development Approval must monitor and record the following:

(a) the date, quantity and type of waste removed; and name of the waste

transporter and/or disposal operator that removed the waste; and

(c) the intended treatment/disposal destination of the waste.

(NOTE: Records of documents maintained in compliance with a waste tracking system established under the Environmental Protection Act 1994 or any other law for regulated waste will be deemed to satisfy this condition). (G15) Regulated waste must not be sent for disposal at any facility without the written

approval of the person operating that facility.


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Records (G16) Records must be maintained for a period of 5 years for all wastes mentioned in this schedule. Notification of Improper Disposal of Regulated Waste (G17) If the holder of this Development Approval becomes aware that a person has

removed waste from the licensed place and disposed of the waste in a manner which is not authorised by this Development Approval or improper or unlawful, then the holder of this Development Approval must, as soon as practicable, notify the administering authority of all relevant facts, matters and circumstances known concerning the disposal.

SCHEDULE H - SELF MONITORING AND REPORTING Complaint Recording (H1) All complaints received by the holder of this Development Approval relating to

operations at the licensed place must be recorded in a log book with the following details:

(i) time and date of complaint; (ii) type of communication (telephone, letter, personal etc.); (iii) name, contact address and contact telephone number of complainant (Note: if

the complainant does not wish to be identified then “Not identified” is to be recorded);

(iv) response and investigation undertaken as a result of the complaint; (v) name of person responsible for investigating complaint; and (vi) action taken as a result of the complaint investigation and signature of

responsible person. (H2) The complaints record required by condition (H1) must be maintained for a period of

not less than 5 years. Incident Recording (H3) A record must be maintained of events including but not limited to the time date and

duration of equipment malfunctions. (H4) The record required by condition (H3) must be maintained for a period of not less

than 5 years. Notification of Emergencies and Incidents (H5) As soon as practicable after becoming aware of any emergency or incident which

results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this Development Approval, the holder of this Development Approval must notify the administering authority of the release by telephone or facsimile.


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(H6) The notification emergencies or incidents as required by condition (H5) must include

but not be limited to the following:

(i) The holder of the Development Approval; (ii) the location of the emergency or incident; (iii) the number of the Development Approval; (iv) the Name and telephone number of the designated contact person; (v) the time of the release; (vi) the time the holder of the Development Approval became aware of the

release; (vii) the suspected cause of the release; (viii) the environmental harm and or environmental nuisance caused, threatened,

or suspected to be caused by the release; and (ix) actions taken to prevent further any release and mitigate any environmental

harm and or environmental nuisance caused by the release. (H7) Not more than 14 days following the initial notification of an emergency or incident,

the holder of the Development Approval must provide written advice of the information supplied in accordance with condition (H6) in addition to:

(i) proposed actions to prevent a recurrence of the emergency or incident; (ii) outcomes of actions taken at the time to prevent or minimise environmental

harm and or environmental nuisance, and (iii) the results of any environmental monitoring performed.

SCHEDULE I - APPROVED DOCUMENTS

(I1) The environmentally relevant activity must be constructed, operated and maintained

in accordance with all undertakings of the Development Approval application and any other documents approved by the administering authority as set out in the Approved Documents Schedule.

(I2) In the event of any inconsistency arising between the undertakings of the

Development Approval application or other approved documents as set out in the Approved Documents Schedule and the conditions of this Development Approval, the conditions of this Development Approval must apply.


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SCHEDULE J - DEFINITIONS (J1) For the purposes of this Development Approval any term not otherwise defined in the

Act and any subordinate legislation made pursuant to the Act or in the Definitions Schedule of this Development Approval has the meaning conferred to that term in its common usage.

(J2) In the event of any inconsistency arising between the meaning of any term provided

in the Definitions Schedule of this Development Approval and any common usage of that term, the meaning conferred in the Definitions Schedule of this Development Approval prevails.

For the purposes of this Development Approval the following definitions apply: (J3) “Act” means the Environmental Protection Act 1994. (J4) “Administering Authority” means the Cassowary Coast Regional Council. (J5) “Land” means land excluding waters and the atmosphere. Noise Definitions (J6) “LAmax adj, T “ means the average maximum A-weighted sound pressure level, adjusted

for noise character and measured over a time period of not less than 15 minutes, using Fast response.

(J7) “Background noise level” means either:

LA90, T being the A-weighted sound pressure level exceeded for 90 percent of the time period not less than 15 minutes, using Fast response, or

LAbg, T being the arithmetic average of the minimum readings measured in the absence of the noise under investigation during a representative time period of not less than 15 minutes, using Fast response.

(J8) “MaxLPa T” means the maximum A-weighted sound pressure level measured over a

time period of not less than 15 minutes, using Fast response.

END OF CONDITIONS


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Assessment Manager's Advice: a) Relevant Period: The relevant period for the development approval (Material Change

of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act 2009 (SPA), the development approval for material change of use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for material change of use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).

An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.

b) Notice of Intention to Commence Use: The applicant/owner must return to Council the attached Notice of Intention to Commence Use after acceptance of and compliance with these or negotiated conditions (or court determined conditions) and prior to the commencement of the use. This will allow a check for compliance with conditions to be carried out by Council officers.

c) Required Approvals: A Development approval for Building Work (change of

classification) will be required, with a permit for these works issued prior to any works commencing;

d) 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 alike.

e) Engineering Works: The applicant/owner is to ensure that the engineering works

involved in the proposed development are designed and constructed in accordance with the FNQROC Development Manual, 2005.

f) Environmental Nuisance: The Environmental Protection Act 1994 states that a person

must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this development, are to adhere to their "general environmental duty" to minimise the risk of causing environmental harm.

Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the Council to cause undue disturbance or annoyance to persons or affect property not connected with the use.


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Background:

Council issued a Development Permit (DA0154/12) over the subject site for a new farm shed on 15 May 2012 and a subsequent Compliance Permit for plumbing & drainage on 18 September 2012.

Proposal: The proposed development facilitates a change of use from agriculture/cane farming to include a Light Industry (Motor Vehicle & Farm Machinery Workshop). The Cardwell Shire Council Planning scheme 2007 defines Light Industry as "Any land used for an activity which in the course of any trade or business activity:

• involves the manufacture, production, processing, repair, recycling, storage or treatment of any article, material or thing and;

• does not detrimentally affect the amenity of the locality by creation of a nuisance through the emission of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, wastewater, waste products, grit, oil, light or otherwise.

The term includes facilities commonly described as vehicle repair station (not involving body building, panel beating or spray painting), furniture repair, dry cleaning, service industry and fruit/vegetable central packing sheds that are not ancillary to an agricultural activity, among others."

The applicant has proposed to establish a Light Industry within an existing Class 10a farm shed located on the property. The planning report details that "the business is predominantly "mobile", carrying out service and repairs to harvesters, tractors and associated machinery on farms. The operation on the subject lot will be no more than a shed from which the owner can base himself, store parts and equipment and carry out minor repairs where these are not feasible to be done on the farm".

Approved Use: In its Request for Further Information, Council requested clarification on whether the proposed use will include the servicing of conventional vehicles. The applicant advised that "the business is heavily based around the servicing, maintenance and repair of farm machinery, but does include the occasional need to provide similar services on a customers motor vehicle, after all, a farmers work ute is an integral part of this farm operation".

Consideration needs to be given to the fact that a Material Change of Use approval runs with the land, not the person. The applicant/owner for this application may operate the business as described, however if the land is sold, the new owner could take this approval and conduct a larger motor vehicle workshop operation. In which case, requirements such as car parking and access would not be adequate as conditioned for this approval. Therefore, it is considered necessary and appropriate to remove the "motor vehicle" component from the MCU approval, leaving it as a "Light Industry (Farm Machinery Workshop).

Site and Locality:

Real Property Description: Lot 179 on CWL1173

Common Property Address: Old Tully Road, Birkalla

Lot Size: 26.198ha

Road Frontage: 281.514m

Topography: Generally flat

Surrounding Land Uses: Agricultural land and dwelling houses

Services: Reticulated water

Vegetation: Nil

Wetland/ Watercourse: Nil


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Planning Assessment: State Planning Policies: The following State Planning Policies are applicable to this development application: SPP 1/92 – Development and Conservation of Agricultural Land is appropriately reflected in the Planning Scheme and assessment has been carried out against the Rural Zone Code. SPP 1/12 – Protection of Queensland's strategic cropping land - The subject site is mapped as Potential Strategic Cropping Land. The application did not trigger referral to DNRM nor is assessment required against the SPP as the proposed footprint is less than 750m2. State Coastal Management Plan: The subject site is not located in a Coastal Management District and therefore the State Coastal Management Plan and the Wet Tropical Coast Regional Coastal Management Plan are not applicable to this development. State Planning Regulatory Provisions: There are currently eight State Planning Regulatory Provisions, only two of which apply to our region: These are - The State Planning Regulatory Provisions (Adult Store); and The Far North Queensland Regional Plan 2009-2031 State Regulatory Provisions. The application is not for an adult store and therefore the draft State Regulatory Provisions (Adult Store) does not apply. The subject site is located outside the Urban Footprint in the Regional Landscape and Rural Production Area and as per the FNQSPRP, required referral to the Department of State Development, Infrastructure and Planning (DSDIP) as a Concurrence Agency. DSDIP has advised that it has no requirements relating to this application. Far North Queensland Regional Plan 2031: The subject site is located within the Regional Landscape and Rural Production Area and it is considered that the application is consistent with the intent of the Far North Queensland Regional Plan 2031. Of particular reference are the following sections of the Far North Queensland Regional Plan 2031: FNQ Regulatory Provisions - Regional Landscape and Rural Production Area The FNQ Regulatory Provisions support diversification of rural economies by allowing a range of developments including: • small to medium scale tourist facilities • small scale industry, business and community activities • sport and recreation facilities 5.2 Industry and Business Development Land Use Policy 5.2.5 - New Businesses and industry initiatives, including home-based business, that build on local strengths and opportunities are facilitated and supported in rural towns and villages.


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Officer Comment - The proposal is for a small scale owner operated business that is predominantly "mobile", carrying out service and repairs to harvesters, tractors and associated machinery on farms. The building situated on the subject site will be used by the owner as a base to store parts and equipment and carry out minor repairs where required. The existing mobile business has been operating within the community for a number of years and this proposal facilitates a stable base for works to be carried out within a rural location, servicing the surrounding rural farming community. Other Acts: The Environmental Protection Act 1994 applies to this development as the application incorporates an Environmentally Relevant Activity #21. The approval has been conditioned accordingly. Planning Scheme: The proposed development has been assessed against the applicable provisions of the Cardwell Shire Planning Scheme 2007, in the following paragraphs. Strategic Framework The Strategic Framework summarizes the overall effect of the Planning Scheme on the nature and location of development in the former Cardwell Shire. This section does not provide a basis for development assessment under the Planning Scheme, however, it provides a guide for related decisions by the Council, developers, other infrastructure providers and the community generally. The effect of the Zones, Precincts, Overlays and assessment criteria (Specific Outcomes and Probable/Acceptable Solutions) of the Planning Scheme relevant to the proposed development is summarized below: - The rural areas of the Shire are recognized for their important agricultural, economic,

cultural and environmental/scenic qualities and the Planning Scheme provides for a wide range of sustainable agricultural and related rural uses.

The Strategic Framework is graphically represented in a broad manner on the Structure Plan map within Part 11 (Map 1). The Strategic Framework, as shown on the Structure Plan map, identifies areas within the Shire that, when considered in land use planning terms, assist in achieving the Desired Environmental Outcomes. The following area is relevant to the proposed development: - 1.2.1 Rural The Rural area includes Good Quality Agricultural Land (GQAL) and other rural areas. The Structure Plan map provides for designated Urban Areas and residential rural areas that minimize the potential impacts of incompatible uses on agricultural areas and other rural areas. The diversification of the agricultural industry is anticipated through the development of value-adding industries and support services.


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Officer Comment - The proposed development is considered to compliment the Strategic Framework. The applicant's business directly services and supports the rural farming community, with most work being carried out on farms. The existing farm shed will not increase in size with this proposal and will simply remain in a size no greater than surrounding farm sheds situated in the Tully area. It is part of the rural character to see a shed with farm machinery in a rural area. The planning report details that the property owner intends to continue growing sugar cane on the remainder of the property.

Desired Environmental Outcomes The following Desired Environmental Outcomes (s.2.2) are relevant to the proposed development: 2.1.9 Preservation and sustainable use of GQAL and the efficient use and protection of

extractive resources by the avoidance of fragmentation of GQAL and the provision of Buffer areas between conflicting land uses.

2.2.14 Externalities from developments including noise and air pollution are minimized

thorough the provision of effective Buffer distances and the consolidation of industrial and commercial land and land uses in suitable locations.

Officer Comment - It is considered that the proposed development is in accordance with the Desired Environmental Outcomes (DEO's). The existing farm shed (Class 10a) on the property will not require any additional area to facilitate the proposed use. The planning report details that the property owner intends to continue to grow sugar cane on the remainder of the lot and will therefore not have a major impact to the use of the remaining land classified as GQAL. The development also includes an ERA component to facilitate this type of operation and additionally a site based management plan has been provided by the applicant. An assessment has been carried out by Council's Environmental Services section and the approval will be conditioned appropriately to ensure no detrimental impacts occur from the operation of the business on the surrounding environment. It is considered that there is sufficient buffer area from the proposed use to surrounding dwelling houses. Zone/Precinct The subject site is located within the Rural Zone. Development within this area is assessed against the Rural Zone Code.

Purpose Statement The purpose of the Rural Zone is to: The protection of GQAL. A reduction in the fragmentation of rural lands and loss of land to rural production so as

to ensure that:

- farming flexibility is retained; - conflicts between farming and urban uses do not arise; - the long term viability of agri-industries (eg. sugar mill) are not prejudiced; and - Inefficient forms of urban development do not occur that lead to increased

infrastructure and service costs.

Increased employment and income opportunities in the Rural Zone by the development of appropriate support facilities and the promotion of tourism industries that are based on rural activities.


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The effective separation of agricultural uses and non-agricultural uses in order to avoid

use conflict and ensure that an appropriate level of amenity is achieved. Maintenance of the rural amenity and character of existing rural areas that is

dominated by extensive areas of rural production. Land in the Rural Zone which is not GQAL remains in the Rural Zone and is not

developed for Residential Rural development or other urban purposes. Land in the Rural Zone is not reconfigured by a boundary realignment to create rural

lifestyle blocks which have the potential to negatively impact on rural viability and the rural amenity and character of the area.

Officer Comment - The proposed development is considered to be consistent with the purpose statement of the Code, as follows: • GQAL will not be impacted as the existing farm shed (Class 10a) on the property and the proposed use will be contained within the shed. • Farming flexibility will be retained. The planning report details that the property owner intends to continue to grow sugar cane on the remainder of the lot. The remainder of the lot also has the potential to be used for the production of other crops or cattle. • The proposed use is essentially a rural service industry that allows for the business to be located in a rural area to service the rural farming community. • The existing shed in which the use will be located is setback approximately 50m from Old Tully Road, with landscaping proposed in between. • Sheds, such as the existing, and farm machinery are part of the rural character. The Rural Zone Code contains provisions by which it seeks to achieve its outcomes. The proposed development is assessed against the applicable provisions of the code as follows: 5.16.2 Table of Outcomes and Solutions

Specific Outcome

Probable Solution (for self assessable development the ‘probable solution’ is the ‘acceptable solution’)

Comments

APPLICABLE FOR ASSESSABLE DEVELOPMENT ONLY Outcome 1 – Diversification

Locate compatible tourism activities and support services within the Rural Zone including but not limited to:-

- The development of tourism based activities in association with traditional rural uses (eg: Bed and Breakfast

a) Rural tourism based

activities and rural support activities are not to be sited on GQAL identified as Class A or B on Maps 24-26 unless it involves the use of an existing Building Footprint.

Not Applicable


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Specific Outcome


Comments

Accommodation); and - The location of essential rural

support services within the Rural Zone.

- The location of tourism

activities and support services are not to result in a reduction or the fragmentation of GQAL and the approval of such uses does not provide justification for the reconfiguration of land that results in allotments that are unviable for agricultural production.

Outcome 2 – Rural Character Development within the Rural Zone contributes to the rural character of the locality by being of a low scale nature, particularly when viewed from the road frontage and adjoining properties.

a) Building design and site

layout:- Building Height – 7.5 metres (maximum) and 2 Storeys (maximum) Side and Rear Setbacks – 10 metres (minimum) except for allotments with an area less than 4,000m²

(1)

Front Setback – 10 metres (minimum) except for allotments with an area less than 4,000m².

Complies - The existing shed is 6.056m high. The shed will be setback approximately 50m from the road boundary, 150m from the northern boundary and 121.51m from the southern boundary.

APPLICABLE FOR ASSESSABLE DEVELOPMENT ONLY Outcome 3 – Conservation of GQAL GQAL is to be conserved and Rural Zoned land not defined as GQAL is only to be developed for non-rural purposes when a demonstrated need exists.

a) GQAL classified as A or B

on Maps 24-26 is used for Agriculture and/or private forestry development.

Complies - The existing farm shed will not require any additional area to facilitate the proposed use and will therefore not have a major impact on the use of the remainder of the lot classified as GQAL. The planning report states that the property owner intends to continue to grow sugar cane on the remainder of the lot. The remainder of the lot also has the potential to be used for the production of other crop or cattle. Not Applicable

1 For allotments less than 4000m² Setback specified by the Building Act 1975 apply


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Specific Outcome


Comments

b) Land included within the

Rural Zone but not considered to be GQAL may have the potential to be developed for residential - rural purposes only if 70% of the existing stock of Residential - Rural Zoned land within the Shire has been taken up with the construction of a Dwelling House.

Outcome 4 – Reconfiguring a Lot Allotments are of a sufficient area and dimension to ensure that long term agricultural viability is maintained or achieved.

a) On land classified as Class

A on maps 24-26, which includes land suitable for the production of sugar cane, bananas, pawpaws, improved pastures, adapted tree crops and adapted dry season annual crops, any reconfiguration results in lots that exceed 30 hectares.

b) On all other rural zoned

land, the reconfiguration results in lots that exceed 60 hectares.

c) Boundary realignment/s do

not result in the creation of small rural lots which are unviable and compromise rural utility, character and amenity.

Not Applicable Not Applicable Not Applicable

Outcome 5 – Strategic Integrity and Scenic Amenity Development does not compromise the integrity of the strategic planning framework for the Shire outlined on the Structure Plan - Map 1 and does not compromise the scenic amenity values which rural land contributes to the Shire.

Urban land uses do not establish in the Rural zone.

Complies - . It is considered that the proposed use compliments the Strategic Framework. Although the use falls under the definition of Light Industry, it is essentially an industry to service the rural community. The existing shed appears like any other farm shed in a rural area and is located approx. 50m off Old Tully Road, with landscaping


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Specific Outcome


Comments

proposed in between. The approval will be conditioned that refuse disposal and storage areas will be located out of view. The planning report details that the property owner intends to continue growing sugar cane on the remainder of the property.

Outcome 6 - Inconsistent Uses The following defined uses are inconsistent with the Outcomes sought for the Rural Zone: Accommodation Building, Child Care Centre, Duplex Dwelling, General Industry, Heavy Industry, Hotel, Indoor Recreation, , Light Industry (excluding fruit & vegetable central packing sheds which are Impact Assessable), Multiple Dwelling, Place of Worship, Restaurant, Service Station, Shopping Centre, Showroom, Veterinary Facilities, Warehouse.

a) No probable solution

prescribed.

"Light Industry" is listed as an inconsistent use within the Rural Zone. Despite this conflict, the proposed use is not in conflict with the overall outcomes that the Planning Scheme sets out to achieve, as detailed in the justification presented through the report.

Land Use Codes The proposed development is for a Light Industry. The use is therefore assessed against the relevant code as follows:


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6.12 INDUSTRY CODE 6.12.1 Purpose Statement The Outcome sought from the application of the Industry Code is industrial developments that are appropriately designed so as to be functional and efficient while also creating a pleasant streetscape and maintaining an appropriate level of amenity for adjoining Non-Industrial Uses. 6.12.2 Table of Outcomes and Solutions

Specific Outcome Probable Solution Comments

Outcome 1 – Amenity

Negative externalities resulting from industrial developments relating to noise, air, dust and odour emissions are minimised.

a) Where proposed industrial

developments Adjoin non-industrial Zoned land a minimum building Setback of six (6) metres is to be provided. The Setback area is to be landscaped, fenced and must incorporate a Vegetated Buffer so as to provide a definite and effective visual Buffer. The Setback area is not used for car parking.

b) Noise attenuation measures

are incorporated within development so that when noise is measured from adjoining non-industrial Zone land it does not exceed five (5) decibels above the background noise level.

Complies - The building is

setback approx. 150m from the northern boundary, 121.51m from the southern boundary and approx. 800m from the eastern boundary and 50m from the road frontage. The planning report details that the property owner intends to continue to grow sugar cane on the lot. A six (6) metre wide landscaped strip is proposed along the front of the lot. Conditioned to comply in ERA conditions

Outcome 2– Image

Industrial developments are not located so as to have an adverse impact on the town’s image and consequently tourism.

a) Industrial developments are

to provide a Vegetated Buffer area with a width of at

least six (6) metres to the road frontage or ten (10) metres when visible from a State-controlled road. Access to the site may be provided through this landscaped open space.

b) All vehicle parking,

machinery or material storage areas within the site are to be visually screened from all Frontages.

c) A minimum of 10% of the

site is to be landscaped.

Complies - A minimum 6m wide

vegetated buffer is proposed along the road frontage, in front of the shed. The site is not visible from State-controlled road. Complies - The applicant has

detailed that machinery parking and storage will be located behind the premises to ensure they are not visible from the road frontage. Complies


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Outcome 3 – Environment Developments are not to have a detrimental impact on the natural environmental values by way of contaminated runoff, spillage, emissions and use of material.

a) Industrial development is

to be Setback a minimum distance of twenty (20) metres from a Sensitive Environmental Area and the following measures implemented: Fencing Bunding Vegetated Buffer Management of

toxic and hazardous wastes

Perimeter

interception drains.

Not Applicable - There are no sensitive environmental areas within proximity to the site. The application includes an ERA component and the approval has been conditioned accordingly.

Outcome 4 – Traffic Access Vehicular traffic generated by Industrial development is not to conflict with local or through traffic and will not have a detrimental impact on the safety and amenity of the locality.

a) No probable solution

prescribed.

Complies - It is not considered that the traffic generated by the development will cause any detrimental impact on the safety and amenity of the locality. The lot access will be conditioned to be constructed in accordance with FNQROC standard drawing S1105 - Rural Allotment Accesses.

General Codes and Works Codes The proposed development is assessed against the following General and Works Codes: • Advertising Devices Code

- No details of signage were provided with the application. The approval will be conditioned that any signage on the subject site, for the propose use, should be in accordance with the Advertising Devices Code of the Cardwell Shire Council Planning Scheme 2007.

• Car Parking Code - A Light Industry (involving repair/storage/sales) requires one (1) space per employee + one (1) space per 20m2 of GFA. The shed has a GFA of 315m2 which would require 16 spaces + one (1) space for the owner/operator = 17 spaces in total. The applicant proposes to provide three (3) spaces. This does not meet the Probable Solution of the Car Parking Code, so it is necessary to assess the proposal against the Specific Outcome.


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The Specific Outcome requires that: "Adequate provision of car parking is to be provided on site by developments in accordance with the demand for car parking likely to be generated by a development." Officer Comment - In terms of the "demand for car parking likely to be generated by the development", the applicant/owner anticipates that three (3) spaces may be required at any given time - one (1) for the business owner, one (1) for a possible subcontractor required from time to time, e.g. auto electrician and one (1) for a possible customer. The applicant has detailed that machinery parking/storage will be located behind the premises. In comparison, a Rural Service Industry under the Johnstone Shire Planning Scheme 2005 is required to provide one (1) space per 100m2 of GFA. Which for this proposal would require three (3) spaces.

From the information provided in the application as to the nature and scale of the proposed development (most work carried out on farms and number of workers/customers anticipated on site at any given time), it is considered that three (3) spaces will be adequate to service the development. Furthermore, should an application be lodged with Council in the future to increase the scale or intensity of the development on site, there is ample room on the property to locate a larger car parking area. The access and car parking areas are existing and constructed with 600mm compacted road base with a cover of 40mm aggregate which is considered to be adequate for the proposed use. The approval will be conditioned accordingly.

• CPTED Code - The development has the potential to comply with the CPTED Code.

• Electricity Infrastructure Code - The development has the potential to comply with the Electricity Infrastructure Code.

• Engineering Works Code - The lot access will be conditioned to be constructed to FNQROC Development Manual standard drawing S1105 - Rural Allotment Accesses. - The subject lot is connected to Council's water supply infrastructure. - The approval will be conditioned to ensure that stormwater is directed to a lawful point of discharge.

• Landscaping Code - The applicant has provided a landscaping plan that is considered to be consistent with the Landscaping Code. The approval will be conditioned that landscaping is to be carried out in accordance with the approved plan.

Overlay Codes The application did not trigger assessment against any Planning Scheme overlays.


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Building Requirements The existing shed on site is approved as a Class 10a building. A development application will be required for building work (change of classification) to change the building from a Class 10a to a Class 8. An advice note will be attached to the approval accordingly. Plumbing & Drainage Requirements A Compliance Permit for plumbing & drainage is approved over the site and includes an on-site waste water disposal system. Council's Plumbing Inspector has reviewed and confirmed that the report submitted with DA0154/12 is suitable to service the proposed use. Disposal of contaminants is dealt with under the ERA conditions. Public Notification/Submissions: The development application was impact assessable and therefore required public notification. The applicant advised that public notification requirements were carried out in accordance with the Sustainable Planning Act 2009. No properly made submissions were received by Council. Infrastructure Charges Notice: The applicable Infrastructure Charges Notice for this application follows as Attachment 1. Council notes that the following infrastructure charges notice, applicable to this Material Change of Use application, came into force under the Draft State Planning Regulatory Provision and the Sustainable Planning Act 2009 from the 1 July 2011. Water headworks charges (1 EDC) were paid when the subject lot was connected to Council's water supply infrastructure. Under the requirements of Policy 9.1 of the Cardwell Shire Council Planning Scheme 2007, the proposed use demands an additional 0.5 of an EDC for the new industrial use. Details of contributions payable outlined below -

Contribution Type Calculation Amount

Water Headworks Contribution

0.5 EDCs for 1 proposed industrial use 0.5 EDCs = $1,681.50

Total = $1,681.50

Referrals: The proposed development triggered referral to the Department of State Development, Infrastructure and Planning (DSDIP) as a Concurrence Agency as the subject lot is located in the Regional Landscape and Rural Production Area and has a GFA of more than 250m2 (as per the FNQ SPRP). DSDIP advised that it has no requirements in relation to the development application. Conclusion: The application is generally consistent with the FNQ Regional Plan 2009-2031 and the provisions of the Cardwell Shire Council Planning Scheme 2007 and therefore the proposed application for Material Change of Use for a Light Industry (Farm Machinery Workshop) and an ERA #21 (Motor Vehicle Workshop) is recommended for approval subject to reasonable and relevant conditions.


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4.4.1 Ensure compliance with our legislative obligations.

Outcome 4.9 - Establish and maintain good governance practices.

4.9.2 Ensure that decision making is transparent and is consistent with Council's adopted plans. Consultation:

Manager Planning Services Engineering Projects & Development Officer Plumbing Inspector Legal Implications (Statutory basis, legal risks): Appeal in the Planning and Environment Court Policy Implications:

Nil Financial & Resource Implications:

Potential appeal costs Report prepared by: Nicole Lizzio - Planning Officer Report authorised by: John Pettigrew - Director Planning & Environmental Services Report created date: 16 October 2012


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104


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Attachment 2 - Locality Plan


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107


108


109


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7.2 Permanent Road Closure - Lots 2 & 3 on RP904364 - Bluff Road, Bilyana Author & Officer's Title: Aletta Nugent - Manager Strategic Planning


Attachment 1 - SmartMap Standard Map Number 8061-11233

Attachment 2 - Aerial photograph

Attachment 3 - DWG 09/124

Attachment 4 - Registered Plan 904364

Executive Summary:

Council is in receipt of correspondence requesting Council's views and/or requirements in relation to an application to permanently close part of a Bluff Road, Bilyana adjoining Lots 2 & 3 on RP904364. Recommendation:

"That William and Suzanne Shannon be advised that Council does not object to the proposed permanent closure of part of Bluff Road, Bilyana adjacent to Lots 2 & 3 on RP904364, as shown on the plan in Attachment 1 to this report, subject to: (a) the closed area of road being amalgamated into Lots 2 and 3 on RP904364 as

shown on the plan in Attachment 1 to this report; and (b) the creation of a conservation covenant covering the proposed closed area of

road, which:

(i) prevents the clearing of this area and ensures the protection of its habitat values; and

(ii) is registered against both Lots 2 and 3 on RP904364 following the amalgamation of the road area into these lots."

Background: Council received a letter dated 12 September 2012 from William and Suzanne Shannon requesting Council's views in relation to a proposed application to permanently close part of Bluff Road adjoining Lots 2 & 3 on RP904364, in the Bilyana locality. Lots 2 and 3 on RP904364 and the part of Bluff Road to be permanently closed are shown in the plan below (Attachment 1). An aerial photograph of the lots, the road and the locality are shown in Attachment 2. In 2009, the applicants made an application to the Department of Environment and Resource Management (DERM) to permanently close approximately 2.6 hectares of Bluff Road. It was proposed that this area would be amalgamated into Lot 2 on RP904364 (see previously proposal in Attachment 3). Council considered the matter at its meeting on 25 June 2009 and resolved as follows: 1. That Council offer no objection to the Permanent Road Closure, subject to the area

being reduced so that the new road boundary runs directly from the Deep Creek Boundary Peg of Lot 2 on RP904364 to Boundary Peg 6 on RP904364 and the area of closed road being amalgamated with Lot 2 on RP904364.


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2. That Council advise that it would offer no objection to a temporary closure of the

remaining area of the proposed Permanent Road Closure. In making its decision, Council took into account the agreement made between Cardwell Shire Council and the then landholder in 1994 during the course of negotiations in relation to a road resumption from the then landholder. As part of this agreement, Council gave an undertaking that it would offer no objection to a road closure near Deep Creek. The 2009 application was seen as the finalisation of those negotiations (albeit with a different owner and 15 years later). However, the proposed road closure would have resulted in Lot 2 having an irregular shape with an area of land jutting across half of the road frontage of adjacent Lot 3 on RP904364. Also, the proposed closure was for an area of 2.6 hectares, which would have limited the area of road reserve left for future road and public purposes. Therefore, the preferred alternative area for the road closure was proposed, as shown in Attachment 4. Despite the provision of Council's comments to DERM, the 2009 application was never finalised. Since the previous application was made in 2009, works have been carried out within the road reserve that vary the Bluff Road road alignment, Bluff Road has been sealed and Council has adopted its Road Closure Applications Policy. The applicants' submission is that these changes support their proposed permanent road closure and they are therefore seeking Council's views in relation to a revised application. The revised application has been modified slightly to allow for the area of closed road to be amalgamated into the adjacent Lots 2 and 3, which provides for more regular lot configurations following the amalgamation of the road area into these lots. Also, and as a result of this revision, the area of road to be closed has been reduced slightly. While we have not been provided with figures for the new area of road proposed to be closed, we estimate it to be approximately 2 hectares in area. The applicants have stated that the purpose of the proposed road closure is to allow them to take action to deter the dumping of rubbish on the track providing access to Lot 2. Council's Road Closures Application Policy states that Council will object to a permanent road closure where: (a) the subject road is an esplanade or otherwise provides access to a watercourse; (b) the subject road closure is required for future road purposes, including road

upgrades/improvements and/or road realignment (in which case, a temporary road closure may be supported);

(c) the subject road contains an environmentally valuable area and the proposed road

closure would have a detrimental impact on that environmentally valuable area (an environmentally valuable area is defined as an area containing vegetation with significant wildlife values, that supports/facilitates wildlife movement and/or that contains listed rare or threatened species).

The revised application does not close any part of the road adjacent to Deep Creek. Therefore, the revised proposal is not contrary to (a) above.


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In relation to (b) above, Council's Works Department acknowledge that there have been works carried out on Bluff Road which involved its minor realignment and a bitumen sealed carriageway being provided. However, due to budgetary, road area and environmental constraints, this was carried out to a lesser standard than would normally be required, even for current usage. From an engineering perspective, the existing road alignment with reverse curves in conjunction with a single lane bridge at this location, although satisfactory for current minimal usage, will not be satisfactory for future use, particularly if land uses are intensified resulting in greater volumes of traffic and differing traffic composition. The Works Department have advised that it is difficult to determine the long term future requirements for the Bluff Road road alignment. An initial review indicates that land may be required to be resumed from Lot 3 on RP904364, even if the proposed closure does not proceed. Ultimately, if the proposed road closure does proceed, the additional cost involved in resuming land in the future for any road realignment is likely to be minimal. Therefore, the Works Department have advised that they do not object to the proposed road closure, subject to Council's acknowledgement that there may be a requirement for future land resumption from these properties in the future. The area of road proposed to be closed does contain an environmentally valuable area, with the vegetation within that area mapped as an area of high ecological significance by the State. The applicants recognise that this area contains mahogany glider habitat, and support a restriction being placed on the land to prevent loss of habitat. Should the proposed closure area be amalgamated into the adjacent freehold lots, the clearing of this land would be restricted under the Vegetation Management Act. However, should this Act be reviewed, this protection will be lost. Therefore, it is recommended that the long term protection of this area is secured by requiring the applicants to enter into a conservation covenant over the proposed closure area, which would be registered against both Lots 2 and 3 following the amalgamation of the road area into these lots. This would ensure that the proposed permanent closure will not have a detrimental impact on the environmentally valuable area contained within the road area and the revised proposal is not contrary to (c) above. Therefore, it is recommended that Council offer no objection to the proposed permanent closure of part of Bluff Road, Bilyana, adjacent to Lots 2 & 3 on RP904364, as shown on the plan in Attachment 1 to this report, subject to the applicants entering into a conservation covenant over the proposed closure area, which would be registered against both Lots 2 and 3 following the amalgamation of the road area into the lots. In relation to the applicants' submission that the purpose of the closure is to allow them to take steps to deter the dumping of rubbish in the vegetated area, it is the view of Council officers that the closure is unlikely to prevent this from occurring. The proposed closure does not cover all of the vegetated area and therefore dumping may still occur within the vegetated area remaining in the road reserve area. Should this situation arise, the applicants may want to consider pursuing the temporary closure of the remaining vegetated area, with a clearance to the carriageway of no less than 10 metres, which would allow this area to be fenced and maintained by the applicants.


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Link to Corporate Plan: Key strategy 1.1.16 - Continue to provide essential community services such as parks and reserves, aquatic centres, sporting facilities, cemeteries etc. that support the lifestyle of our communities Consultation: Officers within the Planning and Environmental Services department and the Works department were consulted in preparing this report. Legal Implications (Statutory basis, legal risks): Nil Policy Implications: Council has adopted a policy on Road Closure Applications which outlines circumstances in which Council will object to a road closure application. Financial & Resource Implications: Nil Report prepared by: Aletta Nugent - Manager Strategic Planning Report authorised by: John Pettigrew - Director, Planning & Environmental Services Report created date: 17 October 2012


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7.3 Solid Waste Management Strategy - Community Consultation Author & Officer's Title: Geoffrey Wilson - Manager, Environmental Services


Executive Summary:

A 'draft' Solid Waste Management Strategy has been prepared as a basis for the management of solid waste in the Cassowary Coast for the next ten years. A copy is provided 'under separate cover' due to its size. The next step in the process is for the 'draft' to be communicated to the community in order to obtain community input. It is proposed that over the next five weeks the strategy will be available to the community for comment. To facilitate this, the 'draft' strategy will be placed on Council’s website inviting comment. The community will also be engaged by CCRC staff assisted by a facilitator conducting Community Information sessions and focus groups. Staff will also have an information booth at community events (markets). Following the community consultation period which closes on the 7 December 2012, a report with the outcome of those consultations will be submitted to Council in January 2013. Recommendation:

“That Council resolve to release the CCRC Solid Waste Management Strategy – Consultation 'draft' for community consultation and input.”

Background: The Cassowary Coast Regional Council was formed in 2008. Prior to amalgamation, both Councils had their own Waste Management strategies and differing Waste Management programs. A 'draft' strategy has been prepared for the Council providing an assessment of the existing Waste Management facilities, Operations and Resource Recovery programs. The 'draft' strategy recommends the implementation of programs which are common to the Cassowary Coast region and provide opportunities to improve the Waste Management program in line with best practice. As well as being sound business it is also a requirement to have a Solid Waste Management strategy as dictated in Queensland legislation – Waste Reduction and Recycling Act 2011. Community Consultation In the Queensland State legislation, Council is required to consult with the community on the 'draft' strategy and consider community feedback when adopting the final strategy.


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The consultation will commence on 30 October and end on the 7 December. It will be multi faceted:

The 'draft' strategy in its entirety will be placed on the Council's website with the opportunity for the community to provide input;

Facility will be made available on the Council’s Facebook for informed comment;

Six Community meetings will be held at population hubs throughout Cassowary Coast where the strategy will be formally presented and community input extracted by a facilitator;

Two Focus groups will be invited to workshop the strategy. One group will be based on the waste industry of Cassowary Coast and the other will be community based;

Council staff will take the opportunity to set up an information booth at appropriate community events during November; and

Information packages will be available at each of the Council libraries and customer service centres.

The success of the consultation will depend on the input from the community. The program has been designed to provide the opportunity for anyone in the community to participate. Extra effort has also been made to solicit input from the waste industry and interested community groups. At the end of the consultation period (7 December 2012) a report containing the outcomes and recommendations of the community will be compiled for the Council meeting being held on the 17 January 2013. Link to Corporate Plan:

Outcome 2.4 - Striving for best practice waste management

Outcome 4.2 – Achieve best practice asset management Consultation: In preparing the draft strategy for consultation the CCRC Councillors, a number of internal Council staff, external Councils and other agencies including State Government officers have been consulted. The next stage is to go out to the community for consultation. Legal Implications (Statutory basis, legal risks): The strategy is a legislative requirement of the Queensland Waste Reduction and Recycling Act 2011 and its regulation. Policy Implications: In order to meet compliance with state government policies (Queensland Waste Strategy 2010-2020).


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Financial & Resource Implications: The outcome of the strategy will determine the financial and resource implications of the solid waste management program within Environmental Services. Report prepared by:

Geoffrey Wilson - Manager, Environmental Services Report authorised by: John Pettigrew - Director, Planning & Environmental Services Report created date: 17 October 2012


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8. CORPORATE

8.1 Financial Statement for period 1 July 2012 to 30 September 2012 Author & Officer's Title: Merrilyn Cox - Manager Finance


Executive Summary:

The Financial Statements for the period 1 July 2012 to 30 September 2012 are provided herewith. Recommendation:

“That the Financial Statements with Notes as at 30 September 2012 incorporating the following be received: • Operating Statement • Balance Sheet • Statement of Cash Flows • Graphical Representation of Recurrent Revenue and Expenditure • Note 1 - Cash Assets and Cash Equivalents • Note 2 - Trade and Other Receivables • Note 3 - Borrowings • Note 4 - Recurrent Revenue and Expenditure”

Background: Statements prepared and based on adopted Budget of Council for 2012/2013 financial year. Link to Corporate Plan:

Outcome 4.1 – Responsible financial management. Consultation: Nil Legal Implications (Statutory basis, legal risks): Compliance with financial management policies and principles as set down in the Local Government Finance Standards and requirements of the Local Government Act. Policy Implications: Nil Financial & Resource Implications: Reflects the year to date revenue and expenditure figures across all adopted budget programs and includes various reports on Council's financial operations.


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Report prepared by:

Leona Koppen - Accountant Report authorised by: Peter Cochrane - Director, Corporate Services Report created date: 17 October 2012


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8.2 Quarterly Progress Review - CCRC Operational Plan 2012/13 as at 30 September 2012

Author & Officer's Title: Peter Cochrane - Director, Corporate Services


Executive Summary:

The Council adopted its 2012/13 Operational Plan on 26 July 2012. The Operational Plan outlines the activities proposed to be undertaken during the 2012/13 financial year which will contribute to the achievement of the strategies outlined in the Corporate Plan. The first quarterly review of the 2012/13 Operational Plan has been completed and is provided 'under separate cover' due to its size. Recommendation:

“That the quarterly review of the 2012/13 Operational Plan to 30 September 2012 be received and its contents noted."

Background: The Operational Plan was adopted by Council at its meeting on 26 July 2012. The Plan contains various activities proposed to be undertaken during the 2012/13 financial year to implement the strategies outlined in the Corporate Plan. Attached for the information of Councillors is the first progress report for the 2012/13 financial year which highlights the outcomes achieved against the individual activities contained in the organisational responsibility for the nominated activities. You will note that a colour-coded system has been used to illustrate the status of the activity or projects. Officers have been asked to categorise the status of the activities as follows: 1 Green - On Target (where an activity has been completed or is on track to meet the

targets) 2 Yellow - Monitor (where an activity is progressing or has not commenced) 3 Red - Requires Action (where an activity is not on track and will require action in order

to achieve the targets) Brief comments have been included when considered appropriate. The aim is to provide a less wordy report which demonstrates the overall progress. Link to Corporate Plan:


4.4.1 Ensure compliance with our legislative obligations.

4.4.2 Enforce the Council’s own regulations in a consistent and fair manner.


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Consultation: Each Department has provided input into the preparation of the progress report. Legal Implications (Statutory basis, legal risks): Compliance with the requirements of Section 122 (2) of the Local Government (Finance, Plans and Reporting) Regulation 2010. Policy Implications: Nil Financial & Resource Implications: The 2012/13 Budget reflects the activities outlined in the Operational Plan. Report prepared by:

Peter Cochrane - Director, Corporate Services Report authorised by: Terry Brennan - Chief Executive Officer Report created date: 17 October 2012


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9. NOTICE OF MOTION

Nil

10. GENERAL BUSINESS

Nil

11. CONFIDENTIAL

11.1 Rates - Intention to sell land for Rate Arrears Reason for Confidentiality

This report is CONFIDENTIAL in accordance with Section 72(1)(f) of the Local Government (Operations) Regulation 2010, which permits the meeting to be closed to the public for business relating to the following:

(f) starting or defending legal proceedings involving it