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1 Minutes - Planning and Environment Committee 8 March 2017 - #5373419 CAIRNS REGIONAL COUNCIL MINUTES PLANNING & ENVIRONMENT COMMITTEE 8 MARCH 2017 COMMENCING AT 9.20 AM PRESENT : Cr T James (Chairperson) Cr B Moller Cr J Schilling Cr C Zeiger Cr B Manning Cr R Bates Cr L Cooper Cr M O’Halloran Cr J Richardson Cr B Olds OFFICERS: J Andrejic Chief Executive Officer K Reaston General Manager Planning & Environment B Gardiner General Manager Infrastructure Services L Kirchner General Manager Com, Sport & Cult Services P Boyd Manager Strategic Planning & Approvals G Boyd Manager Regulatory Services N Quinn Executive Manager Mayors Office S Shearer Minute Secretary

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Page 1: CAIRNS REGIONAL COUNCIL...2017/03/08  · 4. In the event that any part of Council’s existing sewer, water, drainage or road infrastructure is damaged as a result of construction

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Minutes - Planning and Environment Committee 8 March 2017 - #5373419

CAIRNS REGIONAL COUNCIL

MINUTES

PLANNING & ENVIRONMENT COMMITTEE

8 MARCH 2017

COMMENCING AT 9.20 AM

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

J Andrejic Chief Executive Officer K Reaston General Manager Planning & Environment B Gardiner General Manager Infrastructure Services L Kirchner General Manager Com, Sport & Cult Services P Boyd Manager Strategic Planning & Approvals G Boyd Manager Regulatory Services N Quinn Executive Manager Mayors Office S Shearer Minute Secretary

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Minutes - Planning and Environment Committee 8 March 2017 - #5373419

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

1. MATERIAL CHANGE OF USE (CODE) DUAL OCCUPANCY AND PRELIMINARY APPROVAL FOR BUILDING WORK ASSESSABLE AGAINST A PLANNING SCHEME (RELOCATION OF HOUSE IN A NEIGHBOURHOOD CHARACTER AREA) – 1 FLEMING STREET AND 23 FLEMING STREET, EDGE HILL – DIVISION 7 ...................................................................................... 3

Michelle Henderson | 8/7/3691 ELEC | #5346224

2. PRELIMINARY APPROVAL FOR BUILDING WORK ASSESSABLE AGAINST A PLANNING SCHEME (RELOCATION OF HOUSE IN A NEIGHBOURHOOD CHARACTER AREA) AND PRELIMINARY APPROVAL FOR BUILDING WORK ASSESSABLE AGAINST A PLANNING SCHEME (NEW DWELLING HOUSE) – 23 FLEMING STREET AND 1 FLEMING STREET, EDGE HILL – DIVISION 7 .. 12

Michelle Henderson | 8/7/3702 | #5346230

3. APPLICATION TO OPERATE TEMPORARY ENTERTAINMENT EVENT BY SILVER GEM ENTERPRISES PTY LTD, 1-61 MCGREGOR ROAD SMITHFIELD, 21 TO 22 OCTOBER 2017 – DIVISION 8 ............................................................. 17

Alex Skubij | 8/8/1207| #5341626v2

4. CANNON PARK MASTER PLAN STEERING COMMITTEE MEETING 1 MARCH 2017 MINUTES ..................................................................................................... 20

S Lisle | 73/2/15 | #5365735

5. 2018 COMMONWEALTH GAMES STEERING COMMITTEE MEETING MINUTES – 1 MARCH 2017 ................................................................................. 21

A Cristaldi | 58/1/1 | #5365705 CLOSED SESSION 1. PREJUDICIAL MATTER – DISPOSAL OF LAND – DIVISION 4 ......................... 22 C Dean | 55/1/2- | #5353341

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APOLOGY No apologies were noted. MATERIAL PERSONAL INTEREST / CONFLICT OF INTEREST Cr Moller declared that the Unity Team, comprising Cr Manning, Cr Schilling, Cr Bates, Cr O’Halloran, Cr Richardson, Cr James and himself had a perceived conflict of interest in relation to Clauses 1 and 2 due to the landowner being a donor to their campaign. In accordance with Section 173 (7) of the Local Government Act, he proposed that the Unity Team Councillors remain so that a quorum could be retained. PURPOSE OF MEETING To consider the matters listed on the agenda.

1. MATERIAL CHANGE OF USE (CODE) DUAL OCCUPANCY AND PRELIMINARY APPROVAL FOR BUILDING WORK ASSESSABLE AGAINST A PLANNING SCHEME (RELOCATION OF HOUSE IN A NEIGHBOURHOOD CHARACTER AREA) – 1 FLEMING STREET AND 23 FLEMING STREET, EDGE HILL – DIVISION 7 ...................................................................................... 3

Michelle Henderson | 8/7/3691 ELEC | #5346224 O’HALLORAN / SCHILLING A. That Council approves the Preliminary Approval for Building Work

assessable against a planning scheme for the relocation of a Dwelling house from 23 Fleming Street to 1 Fleming Street over land described as Lot 7 on RP711407 and Lot 26 on RP709089, located at 1 Fleming Street and 23 Fleming Street, Edge Hill, subject to the following:

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

approved drawing(s) and/or document(s), and in accordance with:- a. The specifications, facts and circumstances as set out in the

application submitted to Council;

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

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Except where modified by these conditions of approval

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

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

Relocation of Dwelling house 3. The Dwelling house from 23 Fleming Street is approved for relocation

to 1 Fleming Street only. If for any reason the Dwelling house is unable to be relocated to 1 Fleming Street, the Dwelling house is not approved for removal, and is to be retained at 23 Fleming Street.

Damage to Council Infrastructure

4. In the event that any part of Council’s existing sewer, water, drainage or road infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s cost, prior to the Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Disconnect Services 5. Existing services are to be appropriately decommissioned/

disconnected following removal of the Dwelling house from 23 Fleming Street.

Dwelling house Relocation 6. The Dwelling house is to be removed and transported in such a way

that ensures it arrives at 1 Fleming Street fit for purpose.

B. That Council approves the development application for a Dual Occupancy over land described as Lot 7 on RP711407, located at 1 Fleming Street, Edge Hill, subject to the following:

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

expressions means:

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Drawing or Document

Reference Date

Revised Proposed Site Plan

Drawing no. 1696/1 prepared by Driscoll Carvey Building Design & Interiors (Council ref no 5366238)

8 Feb 2017

Cottage Floor Plan Drawing no. 1696/2 prepared by Driscoll Carvey Building Design & Interiors (Council ref no 5366238)

Jan 2017

Queenslander Floor Plan

Drawing no. 1696/3 prepared by Driscoll Carvey Building Design & Interiors (Council ref no 5366238)

Jan 2017

Elevations Drawing no. 1696/4 prepared by Driscoll Carvey Building Design & Interiors (Council ref no 5366238)

Jan 2017

Rear Elevation Drawing no. 1696/5 prepared by Driscoll Carvey Building Design & Interiors (Council ref no 5366242)

Jan 2017

Civil Works Concept & Stormwater Mgmt.

Drawing no. SK1 Rev C prepared by Knight Civil Design Drafting (Council ref no 5359387)

17 Feb 2017

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

approved drawing(s) and/or document(s), and in accordance with:- a. The specifications, facts and circumstances as set out in the

application submitted to Council;

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

Except where modified by these conditions of approval

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

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

Notice of Intention to Commence Use 3. Prior to commencement of the use on the site, written notice must be

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

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Relocation of Dwelling house 4. The Dual Occupancy is approved subject to relocation of the Dwelling

House from 23 Fleming Street, Edge Hill to 1 Fleming Street, Edge Hill. External Works 5. The applicant/owner must at their own cost undertake the following

works external to the subject land: a. Provision of a new single residential concrete crossover on Pease

Street in accordance with FNQROC Development Manual Standard Drawing S1015 Rev C attached as Appendix 3. Council’s Development Engineers are to be contacted for a concrete pre-pour inspection. Any variance to the above must be endorsed by the Chief Executive Officer prior to construction;

NB: The maximum grade for a cross-over is 2.5% and when the site

fronts and existing footpath the new cross-over must not interfere with existing footpath formation.

b. Reduce the width of the existing crossover and apron along the

Fleming Street frontage in accordance with the FNQROC Development Manual Standard Drawing S1015 Rev C (for the residential use). Make good the kerb at the redundant portion of the residential crossover;

c. Redundant parking bay line marking is to be ground off the

pavement along Pease Street where the vehicle access is to be constructed. Painting over in black is not permitted as it may be mistaken at night as linemarking;

d. The 60 minute parking sign plate on the existing post with the

loading zone sign is to be relocated to reflect the reconfigured on-street parking spaces;

e. Repair any damage to existing kerb and channel or roadway

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

The external works outlined above require an Engineering Works

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

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Lawful Point of Discharge 6. The flow of all external stormwater from the property must be directed

to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development.

Ponding and/or Concentration of Stormwater 7. The proposed development and any retaining walls are not to create

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

Air-Conditioning, Plant and Machinery Screens 8. Air-conditioning, plant and machinery units located above ground level

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

Vehicle Parking 9. The amount of vehicle parking must be in accordance with the

approved plans at Appendix 1, which is a minimum of two (2) spaces per dwelling. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Landscaping Plan 10. The site must be landscaped in accordance with a Landscape Plan and

the following requirements: a. Dense planting of the front setback areas, being a minimum two (2)

metre wide buffer along the road frontages of the site, for the full width of the setback, so that landscaping dominates the frontage;

b. Fencing of private yards of individual units and any street fencing; c. Details of proposed fencing, including any fencing proposed to be

integrated with the masonry block retaining wall intended to replace the existing earth bund; and

d. Inclusion of any other relevant conditions included in this

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

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

Street Fencing 11. Any proposed fences and/or walls to any road frontage are to be limited

to the following: a. 1.2 metres in height if solid; or b. 1.5 metres in height if at least 25% visually transparent; or c. 1.8 metres in height if at least 50% visually transparent. NB: Where fencing is to be integrated with the intended masonry block

retaining wall, the fencing height includes the cumulative height of both the retaining wall and any associated fencing.

Details of the street fencing must be detailed in the Landscape Plan and

be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Screen Fencing

12. A screen fence of minimum height 1.8 metres must be provided between the private yards of individual dwelling units. Details of the proposed fencing must be submitted to Council on the Landscape Plan prior to the issue of a Development Permit for Building Work.

Finished Retaining Wall Colour 13. The retaining wall must be constructed of materials and/or finished in

colours, which blend with the surrounding natural environment. Water Supply and Sewerage Works Internal 14. Undertake the following water supply and sewerage works internal to

the subject land: a. The development must be serviced by a single internal water and

sewerage connection made clear of any buildings or structures;

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

All the above works must be designed and constructed in accordance

with the FNQROC Development Manual. All works must be carried out in accordance with the approved plans, to

the requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use.

Damage to Council Infrastructure

15. In the event that any part of Council’s existing sewer, water, drainage or road infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s cost, prior to the Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Sediment and Erosion Control 16. Soil and water management measures must be installed / implemented

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

Refuse Storage 17. Refuse storage is required to service each Dwelling Unit in accordance

with Council requirements. Lighting / Electrical / Telecommunications 18. Electricity and telecommunication services are to be provided to the

new Dwelling Unit. Stockpiling and Transportation of Fill Material 19. Soil used for filling or spoil from the excavation is not to be stockpiled

in locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works.

Transportation of fill or spoil to and from the site must not occur within:

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a. peak traffic times; b. before 7:00 am or after 6:00 pm Monday to Friday; c. before 7:00 am or after 1:00 pm Saturdays; or d. on Sundays or Public Holidays. 20. Dust emissions or other air pollutants, including odours, must not

extend beyond the boundary of the site and cause a nuisance to surrounding properties.

Storage of Machinery and Plant 21. The storage of any machinery, material and vehicles must not cause a

nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Demolish Structures 22. All structures not associated with the approved development (including

disused services and utilities) must be demolished and/or removed from the subject land prior to Commencement of Use.

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

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

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

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

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

relevant Local Laws and other statutory requirements. Infrastructure Charges Notice 4. A charge levied for the supply of trunk infrastructure is payable to Council

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

The amount in the Adopted Infrastructure Charges Notice has been

calculated according to Council’s Adopted Infrastructure Charges Resolution.

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

The amount in the Adopted Infrastructure Charges Notice is subject to index

adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amount prior to payment.

The time when payment is due is contained in the Adopted Infrastructure

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

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

LAND USE DEFINITIONS* In accordance with CairnsPlan 2016 the approved land use of Dual Occupancy is defined as: “Premises containing two dwellings, each for a separate household, and consisting of: a single lot, where neither dwelling is a secondary dwelling; two lots sharing common property where one dwelling is located on each lot.” *This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual. carried

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2. PRELIMINARY APPROVAL FOR BUILDING WORK ASSESSABLE AGAINST A PLANNING SCHEME (RELOCATION OF HOUSE IN A NEIGHBOURHOOD CHARACTER AREA) AND PRELIMINARY APPROVAL FOR BUILDING WORK ASSESSABLE AGAINST A PLANNING SCHEME (NEW DWELLING HOUSE) – 23 FLEMING STREET AND 1 FLEMING STREET, EDGE HILL – DIVISION 7 .. 32

Michelle Henderson | 8/7/3702 | #5346230 O’HALLORAN / SCHILLING A. That Council approves the Preliminary Approval for Building Work

assessable against a planning scheme for the relocation of a Dwelling house from 23 Fleming Street to 1 Fleming Street over land described as Lot 26 on RP709089 and Lot 7 on RP71140, located at 23 Fleming Street and 1 Fleming Street, Edge Hill, subject to the following:

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

approved drawing(s) and/or document(s), and in accordance with:- a. The specifications, facts and circumstances as set out in the

application submitted to Council;

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

Except where modified by these conditions of approval

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

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

Relocation of Dwelling house 3. The Dwelling house from 23 Fleming Street is approved for relocation

to 1 Fleming Street only. If for any reason the Dwelling house is unable to be relocated to 1 Fleming Street, the Dwelling house is not approved for removal, and is to be retained at 23 Fleming Street.

Damage to Council Infrastructure

4. In the event that any part of Council’s existing sewer, water, drainage or road infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s cost, prior to the Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

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Disconnect Services

5. Existing services are to be appropriately decommissioned/ disconnected following removal of the Dwelling house from 23 Fleming Street.

Dwelling house Relocation

6. The Dwelling house is to be removed and transported in such a way that ensures it arrives at 1 Fleming Street fit for purpose.

B. That Council approves the development application for a Dwelling house

over land described as Lot 26 on RP709089, located at 23 Fleming Street, Edge Hill, subject to the following:

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

expressions means:

Drawing or Document

Reference Date

Proposed Site Plan

Drawing no 1663/02 prepared by Driscoll Carvey Building Design & Interiors (Council ref no 5227157 )

June 2016

Proposed Floor Plan

Drawing no 1663/03 prepared by Driscoll Carvey Building Design & Interiors (Council ref no 5227157 )

June 2016

Elevations Drawing no 1663/04 prepared by Driscoll Carvey Building Design & Interiors (Council ref no 5227157 )

June 2016

Elevations with proposed fencing

Drawing no 1663/04 prepared by Driscoll Carvey Building Design & Interiors (Council ref no 5227157 )

Received 25 Nov 2016

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

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

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

b. The following conditions of approval and the requirements of

Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval

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

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

Notice of Intention to Commence Use 3. Prior to commencement of the use on the site, written notice must be

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

Amendment to Design 4. The proposed development must be amended to accommodate the

following changes:

a. The portion of proposed fencing from the driveway to the south-western corner of the site along Forest Avenue must be altered to include a degree of transparency appropriate to the proposed height of the fence, in accordance with Condition 11 and complimentary with the remainder of the front boundary fencing on the land. Articulation of the fencing may also be incorporated to enable plantings which address street frontages.

Details of the above amendments must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

Relocation of Dwelling house 5. The Dwelling house from 23 Fleming Street is approved for relocation

to 1 Fleming Street only. If for any reason the Dwelling house is unable to be relocated to 1 Fleming Street, the Dwelling house is not approved for removal, and is to be retained at 23 Fleming Street.

Air-Conditioning Screens 6. Air-conditioning units located above ground level and visible from the

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

Ponding and/or Concentration of Stormwater 7. The proposed development is not to create ponding nuisances and/or

concentration of stormwater flows to adjoining properties.

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Lawful Point of Discharge 8. The flow of all external stormwater from the property must be directed

to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development.

Sediment and Erosion Control 9. Soil and water management measures must be installed / implemented

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

External Works 10. The applicant/owner must at their own cost undertake the following

works external to the subject land:

a. Provision of a new single residential concrete crossover on Forest Avenue in accordance with FNQROC Development Manual Standard Drawing S1015 Rev C attached as Appendix 3. Any variance to the above must be endorsed by the Chief Executive Officer prior to construction;

NB: The maximum grade for a cross-over is 2.5% and when the site fronts and existing footpath the new cross-over must not interfere with existing footpath formation.

b. Repair any damage to existing kerb and channel or roadway

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

The external works outlined above require an Engineering Works on

Roads approval from Council. Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to issue of a Certificate of Classification or Commencement of Use, whichever occurs first.

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Street Fencing 11. Any proposed fences and/or walls to any road frontage are to be limited

to the following:

a. 1.2 metres in height if solid; or

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

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

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

Water Supply and Sewerage Works Internal 12. Undertake the following water supply and sewerage works internal to

the subject land:

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

All the above works must be designed and constructed in accordance

with the FNQROC Development Manual.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use.

Damage to Infrastructure 13. In the event that any part of Council’s existing sewer, water, road or

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

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

2009, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 339 and 341 of the Sustainable Planning Act 2009 Sustainable Planning Act 2009 and 3.5.21 of the Integrated Planning Act 2007.

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

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

relevant Local Laws and other statutory requirements. 4. For information relating to the Sustainable Planning Act 2009 log on to

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

LAND USE DEFINITIONS* In accordance with CairnsPlan 2016 the approved land use of Dwelling house is defined as: “A residential use of premises for one household that contains a single

dwelling.

The use includes domestic out-buildings and works normally associated with a dwelling and may include a secondary dwelling. “

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

3. APPLICATION TO OPERATE TEMPORARY ENTERTAINMENT EVENT BY SILVER GEM ENTERPRISES PTY LTD, 1-61 MCGREGOR ROAD SMITHFIELD, 21 TO 22 OCTOBER 2017 – DIVISION 8 ............................................................. 54

Alex Skubij | 8/8/1207| #5341626v2 RICHARDSON / OLDS That Council approves the application by Silver Gem Enterprises Pty Ltd to operate a Temporary Entertainment Event, located at 1-61 McGregor Road Smithfield on 21 to 22 October 2017, subject to the following: 1. The applicant must provide the following at least three (3) months prior to

the event occurring to the satisfaction of the Chief Executive Officer:

a. The final Event Management Plan and Transport Management Plan for the proposed event. The Event Management Plan and Transport Management Plan must be amended to address the conditions of this Temporary Entertainment Event Permit; and

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b. Written approval for the event from the State Office of Liquor and

Gaming Regulation; and c. Written support for the event from Smithfield Police; and d. Confirm the time and date of the event should it change from 7:00pm on

21 October 2017 to 3:00am on 22 October 2017.

2. The temporary entertainment venue must:

a. Not generate (or be likely to generate) noise, dust, excessive light or other adverse effects outside the temporary entertainment venue to any significant degree in the opinion of an authorised person (unless such matters may be effectively abated by control measures) to the satisfaction of an authorised person; and

b. Adhere to safety standards; and c. Adopt best practice management for the activity; and d. Provide a sufficient number of sanitary conveniences for both sexes to

the satisfaction of an authorised person; and e. Be able to collect and dispose of any refuse generated during the

operation and conduct of the activity; and f. Only operate on the date and time specified on the approval; and g. Provide an appropriate, designated overflow guest car park to the

satisfaction of the Chief Executive Officer. Where the overflow car park is within walking distance, a safe walking corridor must be established between the offsite car park and venue. The vacant paddock below the venue at 1-61 McGregor Road is not a suitable guest parking area; and

h. Provide safe pedestrian and vehicular access to and from the site to the

satisfaction of an authorised person; and i. Provide appropriate access for emergency vehicles into the site at all

times including access to the First Aid Station; and j. The First Aid Station must be attended by a qualified First Aid Officer at

all times during the event; and

k. Ensure that adequate waste receptacles are placed around the venue to meet the reasonable needs of attendees to the satisfaction of an authorised person. Clean-up of waste must be carried out within 24 hours of the event; and

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l. A mobile phone contact number for the promoter or person acting on behalf of the promoter must be provided to enable Council Officers to make contact during the event. The person acting on behalf of the promoter must be able to exercise control over the volume of the sound at the mixing console; and

m. Entrance is restricted to persons over the age of 18; and n. Entrance to the event is to be by pre-sale tickets, but no more than 10%

of the total ticket sales may be made available for purchase at the event; and

o. Unless in the case of emergency, no pass-out shall be available during

the event; and p. A 1am lockout shall be imposed on all patrons of the event. No entry

shall be permitted after 1am.

3. The approval holder or operator of the temporary entertainment event venue must:

a. Conduct a letter drop to residents in the vicinity of the property within a

minimum 800m radius of the site. The letter must detail the nature of the event, date, hours of operation and contact details of the event organiser. The information letter must also detail the event protocol for managing any noise complaint to the event organiser i.e. a representative of the event will visit the complainant address and undertake a sound check; and

b. Appoint a car parking attendant to direct the orderly parking of vehicles

on the site; and based on pre-sale tickets and the uptake of the bus service between the site and CBD, calculate the approximate demand for onsite parking and identify an appropriately sized and located overflow parking area. The details of the overflow parking area must be provided to Council prior to the event; and

c. Provide a chartered bus service for the event between the CBD and the

venue. The service may offer additional drop-offs between the venue and CBD. Details of the service including pick up and drop off points and bus routes must be detailed in the Transport Management Plan; and

d. Collect and dispose of any refuse generated during the operation of the

activity; and e. Ensure all toilets are maintained in a sanitary state during the event to

the satisfaction of the authorised person; and

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f. Have a current pubic liability insurance policy to the value of $20,000,000; and

g. Ensure there is a sufficient number of security officers present at all

times during the event; and h. Monitor and record all sound levels at regular intervals to ensure

compliance levels set by the Office of Liquor and Gaming Regulation. Following conclusion of the headline act at 12 Midnight, the sound

must reduce in volume every 20 minutes. The incremental decreases must be detailed in the final Event Management Plan; and

i. Provide to Council’s Licensing & Approvals Unit a mobile phone

contact number for the person in charge of the event; and j. Ensure the stage including lighting and sound towers, are erected by

suitably qualified persons; and k. Ensure all temporary electrical work is carried out in accordance with

relevant Australian Standards or Industry Codes of Practice.

4. Provide noise readings for the entire duration of the event to Council (within 20 business days post event).

5. This Approval for the Temporary Entertainment Event is only valid for a one-

off event on 21and 22 October 2017. 6. Ensure any advertising signs intended to be erected must be in accordance

with any local Law or Planning Scheme requirements relating to the advertising.

carried

4. CANNON PARK MASTER PLAN STEERING COMMITTEE MEETING 1 MARCH 2017 MINUTES ..................................................................................................... 59

S Lisle | 73/2/15 | #5365735 O’HALLORAN / MOLLER That Council endorses the minutes of the Cannon Park Master Plan Steering Committee Meeting of 1 March 2017. carried

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5. 2018 COMMONWEALTH GAMES STEERING COMMITTEE MEETING MINUTES – 1 MARCH 2017 ................................................................................. 63

A Cristaldi | 58/1/1 | #5365705 SCHILLING / MANNING That Council endorses the Minutes of the 2018 Commonwealth Games Steering Committee Meeting of 1 March 2017. carried CLOSED SESSION OLDS / MOLLER COUNCIL RESOLVED TO MOVE INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA: 1. PREJUDICIAL MATTER – DISPOSAL OF LAND – DIVISION 4 ........................... 3 C Dean | 55/1/2- | #5353341 carried OUT OF CLOSED SESSION COUNCIL RESOLVED TO MOVE OUT OF CLOSED SESSION: O’HALLORAN / MANNING carried RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

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1. PREJUDICIAL MATTER – DISPOSAL OF LAND – DIVISION 4 ........................... 3 C Dean | 55/1/2- | #5353341 SCHILLING / MOLLER That Council: 1. disposes of Lot 83 on RP744016 to the adjoining landowners in accordance

with the Local Government Regulation 2012 subject to the disposal occurring at no cost to Council with the adjoining landowners being responsible for all associated costs, including but not limited to valuation report, survey plan preparation, development applications, Council’s legal fees for preparation of the contracts of sale, transfer duty, registration fees; and

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

provisions of the Local Government Act 2009 to negotiate, determine and finalise any and all matters associated with the disposal.

carried THE MEETING CLOSED AT 9.31 AM CONFIRMED THIS 22 DAY OF MARCH 2017 ……………………………………. MAYOR

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