council meeting agenda 15 april 2015

Ordinary Meeting

Council Chambers Date: 15 April 2015

Time: 10:00am

AGENDA

THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT CHILLAGOE, ON WEDNESDAY, 15 APRIL 2015 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda Wednesday 15 April 2015

ORDER OF BUSINESS MEMBERS IN ATTENDANCE APOLOGIES/LEAVE OF ABSENCE/ABSENCE ON COUNCIL BUSINESS BEREAVEMENTS/CONDOLENCES DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/CONFLICTS OF INTEREST CONFIRMATION OF MINUTES BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING DEPUTATIONS AND DELEGATIONS CORPORATE AND COMMUNITY SERVICES ............................................................................... 5

REGIONAL LAND USE PLANNING................................................................................................ 5 ITEM-1 Springmount Raceway Pty Ltd - Material Change of Use - Outdoor sport and

entertainment facility (Drag Strip) - Lot 113 on SP214842 - Springmount road, Arriga - DA/15/0005 .................................................................................................. 5

ITEM-2 G & S Gambino - Reconfiguring a Lot - Subdivision (2 into 4 Lots) Lot 263 on NR1920 & Lot 64 on RP835619 - 69 & 71 Gilmore Road, Mareeba - DA/15/0019 .......................................................................................................... 125

ITEM-3 M & G Crushing and Materials Pty Ltd - Material Change of Use - Extractive industry - Lot 1 on RP708157 - Pickford Road, Biboohra - DA/14/0032 ................ 141

ITEM-4 Application for upgrade of tenure from occupational licence to term lease - Lot 537 on OL448, Parish of Myosotis ........................................................................ 197

ITEM-5 Application for conversion of term lease to freehold - Lot 283 on NR7173 & Lot 284 on NR7783, Parish of Formartine .................................................................. 207

GOVERNANCE AND COMPLIANCE .......................................................................................... 216 ITEM-6 Appointment of Great Wheelbarrow Race Special Committee .............................. 216 ITEM-7 Chillagoe Industrial Estate Street Names ............................................................. 219 ITEM-8 Development and Governance Group Quarterly Report ....................................... 225

FINANCE .................................................................................................................................... 236 ITEM-9 Cemeteries and Finance Fees and Charges 2015-2016 ....................................... 236 ITEM-10 Water & Waste Group, Fees & Charges Schedule 2015/2016 .............................. 241 ITEM-11 Financial Statements period ending 31 March 2015 ............................................. 247

CHIEF EXECUTIVE OFFICER ................................................................................................... 255

PETITION ................................................................................................................................... 255 ITEM-12 Petition Regarding Road Condition between Dimbulah and Mount Mulligan and

Kingsborough ....................................................................................................... 255 BUSINESS WITHOUT NOTICE .................................................................................................. 264

NEXT MEETING OF COUNCIL .................................................................................................. 264

APPENDIX - Summary of new Planning Development Applications and Delegated Decisions March 2015............................................................................................................... 265


CORPORATE AND COMMUNITY SERVICES

REGIONAL LAND USE PLANNING

ITEM-1 SPRINGMOUNT RACEWAY PTY LTD - MATERIAL CHANGE OF USE - OUTDOOR SPORT AND ENTERTAINMENT FACILITY (DRAG STRIP) - LOT 113 ON SP214842 - SPRINGMOUNT ROAD, ARRIGA - DA/15/0005

DOCUMENT INFORMATION MEETING: Ordinary MEETING DATE: 15 April 2015 REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS APPLICATION PREMISES

APPLICANT Springmount Raceway Pty Ltd

ADDRESS Springmount Road, Arriga

DATE LODGED 23 January 2015 RPD Lot 113 on SP214842

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use - Outdoor Sport and Entertainment Facility (Drag Strip)

FILE NO DA/15/0005 AREA 152.8 hectares LODGED BY Planning Plus OWNER Hapsto Pty Ltd PLANNING SCHEME

Mareeba Shire Planning Scheme 2004 (amendment no. 01/11

ZONE Rural zone LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS Five (5) properly made submissions, one (1) late submission


ATTACHMENTS: 1. Proposal Plan/s 2. Noise Impact Assessment - NV Engineers dated 26 February 2015 3. Department of State Development, Infrastructure and Planning

Referral Agency Response dated 20 February 2015 4. Powerlink Queensland advice agency response dated 10 March

2015 5. Submitter letters 6. Applicant's response to submissions

EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is impact assessable and five (5) properly made submissions were received in response to public notification of the application. One (1) late submission has been received. It has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and does not conflict with any relevant planning instrument provided conditions are imposed. The key issues of the proposed development are the minimisation and management of noise & traffic impacts. Conditions have been suggested to manage noise and traffic impacts to a reasonable level. Draft conditions were provided to the Applicant care of their consultant and have largely been agreed with the exception of Condition 4.2(iii), specifically the need for traffic control personnel during race events. The applicant believes that traffic controllers would add an unnecessary cost to the development. It is envisaged that the traffic control personnel would be sited at the intersection of Springmount Road/Chettle Road and the intersection of Springmount Road/Unnamed Road. Their purpose is to control the traffic on the section of Springmount Road between Chettle Road and Drag Strip. Vehicles are more likely to follow the reduced speed limits if traffic controllers are present. When this section of road is eventually upgraded, traffic controllers may be dispensed with. Council may also review the need for traffic controllers following race meetings if they are found to be unnecessary. It is recommended that the application be approved in full with conditions.


OFFICER'S RECOMMENDATION

"1. That in relation to the following development application:

and in accordance with the Sustainable Planning Act 2009, the applicant be notified that the application for a development permit for the development specified in (A) is:

Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), concurrence agency conditions in (E), relevant period in (F), further permits in (G), and further approvals from Council listed in (H); And The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument. (A) APPROVED DEVELOPMENT: Development Permit for Material Change of Use -

Outdoor Sport and Entertainment Facility (Drag Strip)

(B) APPROVED PLANS:

(C) ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a) Development assessable against the Planning Scheme

1. Development must be carried out substantially in accordance with the approved

plans and the facts and circumstances of the use as submitted with the application, subject to any alterations:

- found necessary by Council’s delegated officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements; and

- to ensure compliance with the following conditions of approval.

APPLICATION PREMISES APPLICANT Springmount Raceway Pty

Ltd ADDRESS Springmount Road,

Arriga DATE LODGED 23 January 2015 RPD Lot 113 on SP214842 TYPE OF APPROVAL

Development Permit


Material Change of Use - Outdoor Sport and Entertainment Facility (Drag Strip)

Plan/Document Number

Plan/Document Title Prepared by Dated

10256-1 Issue G Proposed Drag Strip Lot 113 on SP214842

RPS 19/2/2015


2. Timing of Effect 2.1 The conditions of the development permit must be complied with to the

satisfaction of Council’s delegated officer prior to the commencement of the use except where specified otherwise in these conditions of approval.

2.2 Prior to the commencement of use, the applicant must notify Council that all the conditions of the development permit have been complied with, except where specified otherwise in these conditions of approval.

3. General 3.1 The applicant/developer is responsible for the cost of necessary alterations

to existing public utility mains, services or installations required by works in relation to the proposed development or any works required by condition(s) of this approval.

3.2 All payments required to be made to the Council (including contributions, charges and bonds) pursuant to any condition of this approval must be made prior to the issue of a building permit (if no building permit is required then prior to the commencement of the use) and at the rate applicable at the time of payment.

3.3 All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.4 Noise Nuisance 3.4.1 The drag strip may host racing of vehicle classes up to and including

Supercharged/Turbocharged/Nitro Outlaws. The noise levels for Supercharged/Turbocharged/Nitro Outlaws or any other vehicle must not exceed levels nominated in Table 6: Typical Source Noise Levels at a Distance of 450m of the Noise Impact Assessment (150006-01-F01 (Rev 0) Acoustic Report.Docx) prepared by NV Engineers dated 26 February 2015, unless otherwise approved by Council. Any vehicle/s or class of vehicle, which exceeds the noise levels nominated in Table 6: Typical Source Noise Levels at a Distance of 450m of the Noise Impact Assessment (150006-01-F01 (Rev 0) Acoustic Report.Docx) prepared by NV Engineers dated 26 February 2015, is not permitted to race or test at the facility, unless otherwise approved by Council.

3.4.2 Frequency of meetings and hours of operation (i) Monthly weekend race meeting between 9:00am to 5:00pm,

with racing and burnouts between 11:00am and 5:00pm Saturday only.

(ii) One (1) weekend car show race meeting per year with racing between 11:00am and 5:00pm Saturday only. Burnouts may occur between 9:00am and 10:00pm Saturday and 11:00am


and 3:00pm Sunday. Burnouts must only occur on the burnout pad in front of the 6 metre high earth mound.

(iii) A maximum of two (2) of the race meetings specified in (i) and (ii) above, may host racing of vehicle classes up to Supercharged/Turbocharged/Nitro Outlaws. The remaining race meetings may host racing of vehicle classes up to Super Sedan and Pro Stock only.

(iv) Each monthly weekend race meeting must be separated by at least three weeks from the previous monthly weekend race meeting.

(v) The weekend car show race meeting must be separated by at least six (6) months from the previous weekend car show race meeting.

(vi) Any race meeting hosting Supercharged/Turbocharged/Nitro Outlaws must be separated by at least three (3) months from the previous race meeting which hosted Supercharged/Turbocharged/Nitro Outlaws.

(vii) No testing of any vehicle/s is permitted at the facility outside the race meetings specified in (i) and (ii) above.

3.4.3 Racing of vehicle classes must be evenly distributed from the noisier Supercharged/Turbocharged/Nitro Outlaws to quieter bikes.

3.4.4 All Meetings (i) Race frequency must not exceed an average of 30 races per

hour and noisier activity must only occur for up to 30 seconds for each race (i.e. burnout, preparing at start and racing).

(ii) Burnouts must not occur for more than an average of 30 minutes in any one (1) hour.

3.4.5 Noise Attenuation Measures The following noise attenuation measures shall be established prior to the commencement of drag racing on the site: (i) A six (6) metre high earth mound (above strip level) along the

north eastern side of the drag strip from the staging area, extending for the first 300m of the drag strip.

(ii) A three (3) metre high earth mound (above strip level) extending from the end of the earth mound required by (i) above, to a point 50 metres beyond the finish line.


3.4.6 The on-site public address system must comply with the following: • Numerous small speakers must be installed rather than fewer

large speakers.

• Speakers must be directional and generally face away from nearby residences and preferably towards the ground.

• The operator of the proposed development must purchase a high quality sound level meter to monitor source noise levels to ensure that such levels do not exceed the levels specified in Table 11: Noise Limit for the PA System of the Noise Impact Assessment (150006-01-F01 (Rev 0) Acoustic Report.Docx) prepared by NV Engineers dated 26 February 2015.

3.4.7 The noise levels for mechanical plant must not exceed the levels specified in Table 12: Continuous Noise Limits of the Noise Impact Assessment (150006-01-F01 (Rev 0) Acoustic Report.Docx) prepared by NV Engineers dated 26 February 2015.

3.4.8 Noise Management Plan A noise management plan for the development must be developed by the applicant in conjunction with an acoustic engineer to identify potential impacts and measures to reduce those effects. To assist in demonstrating that all reasonable and practicable measures have been taken to minimise environmental harm from occurring, the following actions must be included in a noise management plan: (i) A site plan including the location of the event, neighbouring

land-use details, location and orientation of the drag strip and public address systems.

(ii) The distribution of a notification letter to surrounding potentially (within a five (5) kilometre radius of the drag strip) noise-affected premises used for residential or business purposes which includes: • a small version of the site plan

• a description of the planned event

• the time the event starts and finishes

• the times for any sound testing to take place

• a description of the proposed measures that will be

implemented to minimise noise from the event


• any changes that have been made to further minimise noise following previous events

• the name and phone number of a site contact person for

any complaints lodged before, during and/or after the event.

• This letter must be distributed to all potentially affected

parties at least three (3) months prior to the event. Please be aware that letter-box drops have the potential to not reach all intended recipients, partly due to delivery staff being unwilling to deliver this information to letterboxes marked with 'no junk mail' stickers. The preferred method for delivery is in an addressed envelope marked ‘to the resident’ or ‘to the occupier’.

• A copy of the letter must be sent to Council.

(iii) Undertake acoustic monitoring during the event to ensure that

all reasonable and practicable measures are taken to minimise the overall sound level and low frequency noise at noise-affected premises.

(iv) Maintain a complaints register which must include: • contact details of all complainants;

• the time and date the complaint is received;

• a description of the complaint;

• a description of the activities occurring which gave rise

to the complaint;

• any action taken as a result of the complaint.

(v) Following each event, the applicant must notify Council of all

complaints and the actions taken as a result of the complaint.

(vi) The noise management plan must be submitted to Council and be approved by Council’s delegated officer prior to the commencement of the use.

(vii) The approved use must comply with the approved noise management plan at all times.


3.4.9 Investigation of Noise Nuisance Complaints In the event that a substantiated (in the opinion of Council's delegated officer) noise nuisance complaint is received by Council regarding the approved use, the complaint will need to be assessed by an independent acoustic consultant at the cost of the applicant. The complaint shall be assessed against the conditions of approval and the Environmental Protection (Noise) Policy 2008 at the next race meeting. A $10,000.00 unconditional bank guarantee in favour of Council shall be provided by the applicant prior to the first race meeting to ensure compliance with this condition. Any additional noise mitigation measures recommended by the independent acoustic consultant are to be implemented by the applicant within three (3) months of Council directing the applicant to do so.

3.5 Individual Fatality Risk Prior to construction of buildings (ie prior to completion of earthworks), the applicant shall carry out individual fatality risk management to identify risk scenarios which could affect the approved use and predict the level of individual fatality risk to patrons. The approved use must always be carried out in such a manner so as keep the individual fatality risk at the minimum reasonable level.

3.6 Waste Management An on-site refuse storage area must be provided and be screened from view from adjoining properties and road reserve.

3.7 Bushfire Management 3.7.1 A Bushfire Management Plan must be prepared for the

development, to the satisfaction of Council's delegated officer. The approved use must comply with the requirements of the Management Plan at all times.

3.7.2 Water storage Sufficient on site water storage capacity must be provided to ensure a minimum 0.41 litres per second @ 200kPa for 4 hours for fire fighting purposes at all times.


3.8 Signage Signage is to be in accordance with the following: (i) No more than two (2) signs shall be erected on the site on the

Springmount Road frontage;

(ii) The signage must be kept clean, in good order and safe repair for the life of the approval;

(iii) Signage must be removed when no longer required; and

(iv) The erection and use of the signage must comply with the Building Act and all other relevant Acts, Regulations and these approval conditions.

3.9 Other noise generating events The subject land is not to be used for other noisy events (e.g. concerts, rave parties, weddings), whether associated with a race meeting or not, at any time.

4. Infrastructure Services and Standards 4.1 Access

Access to the site from Springmount Road must be via the existing access off the unnamed road servicing Lots 113 and 123 on SP214842. This access must be maintained (from the edge of the road pavement to the property boundary of the subject lot) in accordance with the FNQROC Development Manual, to the satisfaction of Council’s delegated officer. No additional access between the subject site and Springmount Road is permitted.

4.2 Traffic Management Plan A traffic management plan for the development must be developed by the applicant in conjunction with a suitably qualified engineer to identify potential impacts and measures to reduce those effects. The traffic management plan shall, at a minimum, include the following measures: (i) Give a minimum of one (1) week's notice to the Manager of the

Tablelands Sugar Mill of any upcoming event, and the scheduled duration of that event, in order to allow haul truck drivers to be provided sufficient pre-warning of each event;

(ii) Place signage at appropriate places (e.g. Hansen Road/Kennedy Highway intersection, site entry point off Springmount Road), for a minimum of one (1) day before and after any scheduled drag strip


activities, advising drag strip attendees of the use of Springmount Road by cane haul trucks and alerting of potential conflict.

(iii) Include a temporary speed limit and traffic controllers for the section of Springmount Road between the drag strip entrance and the intersection of Springmount Road and Chettle Road.

The traffic management plan must be submitted to Council and be approved by Council’s delegated officer prior to the commencement of the use. The approved use must comply with the approved traffic management plan at all times.

4.3 Linemarking/Signage improvements The applicant shall install signage and paint linemarking in accordance with the attached sketches and the MUTCD:

Springmount Road/No Name Road intersection


No Name Road/Drag Strip access intersection

4.4 Environmental Management Plan

The applicant shall provide Council with an environmental management plan prepared by a suitably qualified professional which addresses (as a minimum): • All environmental impacts of the proposal and measures proposed to

mitigate the impacts;

• Emergency management procedures;

• Refuse collection and disposal;

• Management and supervision procedures; and

• Directs all vehicle movements between the development and the Kennedy Highway to Hansen Road or via Chettle Road/Mareeba-Dimbulah Road. Channel Road is not to be used to access the Kennedy Highway.

The management plan must be submitted to Council and be approved by Council’s delegated officer prior to the commencement of the use.

4.5 Stormwater Drainage 4.5.1 The design and construction of stormwater drainage for the

proposed development is to be in accordance with the requirements of the Queensland Urban Drainage Manual (QUDM) 1992 and the FNQROC Development Manual. The applicant must use Water Sensitive Urban Design solutions for management of stormwater within the subject site, the objective of which is to be “No net increase in the rate of stormwater discharge from the development.” Prior to the issue of a Development Permit for Building Works, a Stormwater Drainage Plan prepared and certified by a suitably


qualified Design Engineer, RPEQ must be lodged with Council and is to be to the satisfaction of Council’s delegated officer.

4.5.2 All stormwater drainage must be collected from site and discharged to an approved legal point of discharge.

4.5.3 Stormwater drainage must be controlled so as to not overflow into the SunWater channel and not increase the peak flows through any individual cross drain under the SunWater channel.

4.6 Water Quality 4.6.1 Prior to the commencement of earthworks, an Erosion and

Sediment Control Implementation and Management Plan prepared and certified by a suitably qualified person or Registered Professional Engineer Queensland (RPEQ) must be submitted to Council. The plan is to comply with the “Soil Erosion and Sedimentation Control Guidelines” (Institute of Engineers Australia 1996) and the Queensland Urban Drainage Manual 1992, to the satisfaction of Council's delegated officer.

4.6.2 The installation of suitable trash screens and pollutant traps is required to restrict entry of trash and pollutants onto SunWater land.

4.6.3 Any material likely to degrade the water (eg oils, lubricants, solvents, coolants, degreasing agents etc) must be stored within a bunded area, or an appropriately designed chemical storage container, suitable for preventing the escape of material into surface or underground water resources.

4.6.4 An emergency spill containment kit must be kept on site at all times during the running of events.

4.7 Car Parking/Internal Driveways The developer must ensure that the development is provided with sufficient on-site car parking spaces which are available for use solely for the parking of vehicles associated with the use of the premises. All car parking spaces must be constructed to at least compacted gravel standard, clearly identifiable and appropriately drained prior to the commencement of the use, to the satisfaction of Council's delegated officer. Prior to works commencing, the developer must submit engineering plans and specifications for the construction of proposed car parking facilities and internal driveways demonstrating: • Compliance with Australian Standard AS2890:1 Off Street Parking –

Car Parking Facilities; and

• Compliance with Australian Standard AS1428:2001 – Design for Access and Mobility.


A suitable dust suppressant shall be used as necessary to ensure that dust generation from all entrances, internal roadways and parking areas does not cause a nuisance off site.

4.8 Landscaping (a) Prior to the commencement of the use, a landscape plan must be

prepared for the site and submitted to Council's delegated officer for consideration and approval.

(b) The landscaping of the site must be carried out in accordance with an endorsed landscaping plan, and irrigated, mulched and maintained to the satisfaction of Council's delegated officer.

(c) The landscaping of the site must be carried out in accordance with Mareeba Shire Planning Scheme Policy 9 - Landscaping.

4.9 Lighting Where outdoor lighting is required the developer shall locate, design and install lighting to operate within all areas where the public will be given access, which prevents the potential for light spillage to cause nuisance to neighbours and must be provided in accordance with Australian Standard 1158.1 – Lighting for Roads and Public Spaces. Illumination resulting from direct, reflected or other incidental light emanating from the subject land does not exceed 8 lux when measured at any point 1.5m outside the property boundary of the subject site. The lighting fixtures installed on site must meet appropriate lux levels as documented within Australian Standard 4282 – Control of the Obtrusive Effects of Outdoor Lighting. NOTE: The design is to integrate the principles of Crime Prevention through Environmental Design (CPTED) theory. Lighting design is to illuminate potential areas of concealment and is to project illumination so that a human face is easily discernible from 15 metres and there is to be sufficient night lighting, which renders people, colours, vegetation and objects correctly. i.e. ‘white’ light. Particular attention should be given to pathways, driveways and common external spaces.

4.10 Water Supply (a) The applicant must provide written evidence of adequate water

supply by obtaining the necessary water entitlements to have an annual allocation of at least 1 ML to the satisfaction of Council’s delegated officer.

(b) The applicant must demonstrate that the proposed water supply is treated to the standard for drinking water set by the Australian Drinking Water Guidelines 2004 (National Health and Medical Research Council and the National Resource Management Ministerial Council).


4.11 On-site Wastewater Management All on site effluent disposal associated with the approved use must be in compliance with the latest version of On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of the Council’s delegated officer.

4.12 SunWater Channel Fencing A 1.8m high chain wire fence, constructed as per drawing No 232590, must be erected from the boundary corner at the Murphy's Creek siphon crossing, with a security gate to the siphon outlet structure wings, and terminating at the right angle turn of the channel to the southeast, provided the fence is extended to enclose the drag strip facility completely back to the road access from this point. Signage must be installed along the fence line, at approximately 50m intervals, notifying the patrons that public access to the channel area is totally prohibited, and no trespassing is allowed.

4.13 Camping Advice to Visitors The applicant shall erect a sign at the entrance (adjacent to ticket booth) to the drag strip advising that off site camping in the vicinity of the drag strip is unlawful, except where carried out at a licenced caravan park/camping ground. Camping in unlicenced locations may result in a fine being issued by Council.

5. Additional Payment Condition (section 650 of the Sustainable Planning Act 2009) The traffic movements associated with the approved development are expected to increase daily vehicle movements on Springmount Road and Chettle Road beyond the threshold for a (1000-2999) Rural Collector standard road. 5.1.1 In accordance with Planning Scheme Policy No. 6 - Augmentation of the

Road Network Contribution, the following additional payment is required towards the upgrading of Springmount Road and Chettle Road to a (1000-2999 Rural Collector) standard:

5.1.2 The additional payment here applies for material change of use. As such the additional payment becomes payable when the change happens.

Infrastructure Charge Rate Current

Amount of Charge

Augmentation of the Road Network Contributions (Arriga)

$15,662.00 $15,662.00

TOTAL CURRENT AMOUNT OF CHARGE $15,662.00


5.1.3 Until paid in full, the amount of the additional payment will be increased on 1 July each year in accordance with the increase for the PPI index for the period starting on the day the development approval takes effect, adjusted by reference to the 3-yearly PPI index average.

5.1.4 Instead of making the additional payment required under 5.1.1, the applicant may upgrade Springmount Road between the drag strip entrance and the intersection with Chettle Road, in accordance with Rural Road (Class 1000-2999 Table D1.4) of the Mareeba Shire Planning Policy No. 4 - Development Manual, to the satisfaction of Council's delegated officer. Prior to works commencing, plans for the works described above must be approved as part of an Operational Works application. Should the applicant choose to construct these works, the works must be completed by the day the material change of use happens.

(D) ASSESSMENT MANAGER’S ADVICE (a) Environmental Protection and Biodiversity Conservation Act 1999

The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.environment.gov.au.

(b) Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.datsima.qld.gov.au.

(c) Compliance with applicable codes/policies The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval.

(d) Food Premises Premises proposed for the storage and preparation, handling, packing or service of food must comply with the requirements of the Food Act 2006.


(e) The following notation will be placed on Council’s Rate Record with respect to the use:

• Condition 3.7.1 Bushfire Management Plan

(f) Compliance with Acts and Regulations The erection and use of the building must comply with the Building Act and all other relevant Acts, Regulations and Laws, and these approval conditions.

(g) SunWater advice The proposed development must provide adequate 'off channel' water storage to service the proposed development site's water requirements during times of irrigation channel shut down to allow SunWater to conduct emergency, and regular maintenance works on the channel system.

(E) CONCURRENCE AGENCY CONDITIONS

No requirements in accordance with Department of State Development, Infrastructure and Planning response dated 20 February 2015.

(F) RELEVANT PERIOD When approval lapses if development not started (s.341)

• Material Change of Use – four (4) years (starting the day the approval takes effect);

(G) OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

• Development Permit for Building Work

(H) OTHER APPROVALS REQUIRED FROM COUNCIL

• Compliance Permit for Plumbing and Drainage Work"

THE SITE

The subject land is described as Lot 113 on SP214842, Parish of Culgar, having an area of 152.8 hectares. The land is located off Springmount Road, Arriga, approximately 15 kilometres south-west of Mareeba. Springmount Road is constructed to bitumen sealed/asphalt standard for the entire frontage of the subject land. Access is obtained via an unnamed bitumen sealed road which leads from Springmount Road into the Springmount Waste Management Facility. The subject site is flat and relatively unconstrained by natural or physical features (vegetation, watercourses etc). A small area of remnant 'not of concern' regional ecosystem remains within the southern portion of the site. A Powerlink transmission line traverses the site within Easement A on HG699 in a roughly north-south direction and a SunWater irrigation channel borders the site’s western boundary.


From approximately 2009 to 2012, the land was used for a construction camp to accommodate workers involved in the expansion and refurbishment of the Lotus Glen Prison. The construction camp use has ceased, however most of this infrastructure remains on site. Earthworks for the drag strip are currently underway on site. All neighbouring allotments are zoned Rural under the Mareeba Shire Planning Scheme. Properties in the general locality are used for a variety of land uses including the Springmount Waste Management Facility, Tableland Mill, Lotus Glen Prison, the recently developed Springmount Park rural residential estate and a wide range of agricultural/grazing pursuits.

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.


Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws. BACKGROUND AND CONTEXT Nil PREVIOUS APPLICATIONS & APPROVALS Construction Camp (MCU/09/0015) On the 15 July 2009 Council approved an application made by Victor G Feros Town Planning Consultants on behalf of Thiess Pty Ltd (Queensland Building) for the issue of a development permit for material change of use of land described as Lot 13 on SP103361 (Proposed Lot 113 on SP214842), Parish of Culgar, situated at Springmount Road, Arriga, for the purpose of an undefined use (Construction Camp for up to 400 Persons). The construction camp was used to accommodate workers involved in the expansion and refurbishment of the Lotus Glen Prison. he construction camp use has ceased, however most of the infrastructure established on site remains and will be repurposed for use in the drag strip operations. Drag Strip (MCU/09/0034) On the 3 March 2010 Council approved an application made by Conics (Cairns) Pty Ltd on behalf of Springmount Drag Racing Association Inc. for the issue of a development permit for material change of use of land described as Lot 13 on SP103361 (Proposed Lot 113 on


SP214842), Parish of Culgar, situated at Springmount Road, Arriga, for the purpose of an Outdoor Sport and Entertainment Facility (Drag Strip). The approval was granted subject to various conditions. RPS Town Planning Consultants, acting on behalf of Springmount Drag Racing Association Inc, made representations to Council in relation to several conditions of the approval. A Negotiated Decision Notice was approved by Council on 19 May 2010. In 2014, RPS Australia East Pty Ltd acting on behalf of the applicant lodged the following requests: • to extend the relevant period for a further four (4) years from 25 June 2014 to 25 June

2018; and

• to change the development approval with regard to the approved plan, Condition 3.4 Noise Nuisance, Condition 3.8 Signage, Condition 4.4 Water Quality, Condition 4.5 Earthworks, Condition 4.6 Car Parking/Internal Driveways, Condition 4.7 Landscaping, and Condition 5 Roadwork's Contribution.

Council at its Ordinary Meeting of 6 August 2014 agreed to extend the relevant period for MCU/09/0034 to 25 June 2016. At the same meeting, Council approved changes to Conditions 3.8 Signage, 4.4 Water Quality, 4.6 Car Parking/Internal Driveways and 4.7 Landscaping. Conditions 4.5 Earthworks and 5 Roadwork's Contribution were deleted. An Adopted Infrastructure Charges Notice was issued in place of Condition 5 Roadwork's Contribution. A change to Condition 3.4 Noise Nuisance was not approved on the basis that the proposed change would: • Remove a component that is integral to the operation of the development; • Introduce new impacts or increase the severity of known impacts; and • Remove an incentive or offset component that would have balanced a negative impact

of the development. The proposed change to Condition 3.4 Noise Nuisance would have resulted in a substantially different development and therefore it did not meet the Sustainable Planning Act 2009's permissible change provision. This new application is made to allow Council to consider the changed drag strip development and if appropriate, consider the issue of a new development approval conditioned in accordance with the changed noise nuisance condition and the other previously conditioned requirements. The applicant has commenced construction of the drag strip in accordance with Development Permit MCU/09/0034 which remains in effect. DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Outdoor Sport and Entertainment Facility (Drag Strip) in accordance with the plans shown in Attachment 1.


The layout of the proposed raceway is presented in Drawing No. 10256-1 Issue G. The drag strip will run southeast to northwest with the start line being located at the southeast end. Directly adjacent and along the northern side of the drag strip will be a six (6 ) metre high earth mound extending a distance of 300 metres from the start line. The drag racing facility will incorporate a full Australian National Drag Racing "International" standard drag strip with associated staging area, timed section, primary and emergency braking areas. There will also be a return road, pit facilities, spectator seating areas, club facilities, car parking and amenities. As noted in the background section above, the purpose of this application is to facilitate changes to the previously approved drag strip use, specifically amendment and removal of the noise mitigation measures. In support of the changes to the noise mitigation measures, the applicants are proposing the following changes to the drag strip operating hours: • Reduction in total number of race meetings from 32 weekends per year to 12 per year.

• Change to hours of operation from 1pm -11pm to 9am- 5pm (no night racing).

• Allowance for one (1) weekend car show per year which includes burnouts until 10pm

(no racing past 5pm).

• Removal of restrictions on activities during race meetings and removal of proposed acoustic mounds/fences, with the exception of a six (6) metre high earth mound for the first 300 metres of track on the eastern side (to be used for spectator viewing) and a three (3) metre high earth mound from the end of the six (6) metre high earth mound to a point 50 metres beyond the finish line.

Unlike the previous application this proposal will only operate during the evening for one (1) event per year with all other events occurring during the less noise sensitive day time period. It is likely that there will be two (2) meetings per year which would host the highest class of vehicle to race at the track, being the Supercharged Outlaws. At all other meetings the highest class of vehicle would be Pro Stock or Super Sedan although it is not expected that these vehicles would race at every meeting. The applicants are of the opinion that due to the significant reduction in operating frequency and more favourable hours, the overall noise impacts will be reduced despite the removal of proposed mitigation measures. Access to the development site would continue via the unnamed bitumen sealed road which leads from Springmount Road into the Springmount Waste Management Facility. A substantial area (250+ spaces) of sealed on site car parking has been developed for the former Lotus Glen Prison construction camp. This car parking and the remainder of the construction camp infrastructure will be re-used for the drag strip use. Noise Impact Assessment A Noise Impact Assessment (Attachment 2) has been undertaken by NV Engineers on behalf of the applicant.


The assessment concludes that based on a review of the layout of the proposed drag racing facility and the surrounding area, the noise emissions from drag racing vehicles using the facility have the potential to impact on surrounding residences. Other potential noise producing activities such as mechanical plant and the PA system are unlikely to impact on nearby residences. This is due to the large separation distances between the facilities at the site and nearby residences, with the nearest residence being significantly screened from the drag strip by the proposed 6m high earth mound. The following are extracts from the Noise Impact Assessment:

"Noise Emission from a Full Race Meeting It can be seen from Table 8 that noise emissions from a full race meeting are likely to exceed the limits by 26dBA at Residence 2. To ensure that some screening is achieved at this residence under neutral or upwind conditions Springmount Raceway will extend the proposed 6m high earth mound (relative to strip level) with a 3m high earth mound to 50m past the finish line. Under downwind conditions the calculation method used in the modelling (ISO 9613) indicates that even with large earth mounds the attenuation achieved is only minor. In practice when weather conditions are neutral or upwind this mound will provide additional attenuation at Residence 2 with some benefit also likely for Residence Group 1. Based on the fact that it is not practical to achieve high levels of attenuation of the noise levels under all weather conditions with earth mounds Springmount Raceway propose to specifically notify the owners of Residence 2 of the proposed development. Based on the outcome of this correspondence further noise attenuation measures may be considered. It should be noted that the current proposal would have estimated noise levels at Residence 2 similar to the noise levels estimated for the previously approved proposal. At the next further removed residences to the north and the south (Residence Groups 1 and 6) the exceedance of noise limits is likely to be of the order of 13dBA to 18dBA. At further away residences including Residence 3, Residence Group 4 and Residence 5 the exceedance is likely to be 2dBA to 3dBA. The predictions are based on the typical noise levels for a full race meeting including Supercharged Outlaws. The noise emissions from quieter classes of vehicles/bikes are likely to be up to 10dBA to 15dBA less than the noise emissions presented in this study. Noise Emission from Annual Car Show in the Evening It can be seen from Table 9 that noise emissions from the annual car show in the evening are likely to exceed noise limits by 23dBA at Residence 2. Under neutral and upwind conditions the 6m/3m earth mound along the northern side of the track is likely to achieve higher levels of attenuation then is represented by the modelling results presented in this report for downwind conditions. At the next further removed residences to the north and the south (Residence Groups 1 and 6) the exceedance of noise limits is likely to be of the order of 14dBA to 15dBA. There is likely to be some additional attenuation achieved at Residence Group 1 under neutral or upwind weather conditions due to the proposed 6m/3m earth mound on the


northern side of the drag strip. At further away residences including Residence 3, Residence Group 4 and Residence 5 the exceedance is likely to be of the order of 3dBA to 4dBA. As is the case with many motorsport facilities in Australia there are generally short-term noise impacts to surrounding residences. This is due to the inherent noisy nature of motorsport and the difficulty in providing practical measures to control noise from this type of activity. The noise from drag racing will be heard at large distances under some circumstances but this would not mean that the noise emissions are unreasonable at all locations that it can be heard. The perceived noise impact would be different from person to person and would relate not only to the noise level but the character of the noise and the rate of occurrence. In this instance it is proposed to reduce the occurrence of meetings to one per month which is a significant change from the previous application. Once a month would be considered a regular but an infrequent occurrence. To further minimise the perceived noise impacts the recommendations in Section 10 should be implemented. The predictions presented in this report are based on modelling assumptions and the ISO 9613 calculation method which is intended to represent downwind conditions. It should be acknowledge that there are uncertainties associated with the modelling predictions. Further discussion in this regard is presented in Section 8."

Potential for other noise generating events Some concerns have been raised regarding the potential for other noisy events (e.g. concerts, rave parties) to be held at the drag strip outside the 12 identified events. The applicant in their response to Council's Request for Information provided the following response:

"It is only intended to use the facility for race meetings and car shows as outlined in the Noise Impact Assessment. It is proposed that some track staff and some competitors, particularly those who are travelling from other regions, will arrive at the facility on the Friday before the race meeting to set up and may wish to stay onsite on Saturday night before travelling home; however no racing or noisy activities will be permitted outside the prescribed hours."

REGIONAL PLAN DESIGNATION

The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site is: • State & Regional Conservation Corridors • Terrestrial Area of General Ecological Significance


PLANNING SCHEME DESIGNATIONS

Planning Scheme Definitions The proposed use is defined as:-

Outdoor sport and entertainment facility means the use of premises used or intended for use for any outdoor activity, purpose or pursuit for commercial purposes or for community based, not-for-profit groups and organisations, which affords interest or amusement. Without limiting the generality of the foregoing, the term includes the use of any premises for any of the activities, purposes or pursuits included in, but not limited to, Table 4 hereto and temporary facilities for providing refreshments to those engaged in the activity. The term does not include premises used for a purpose elsewhere defined in this

section.

TABLE 4 Boating Circus Commercial or community swimming pool (outdoor) Coursing track Drive in theatre Exhibition (outdoor) Fair (outdoor) Mini golf course (outdoor) Model car, boat or aeroplane operation Picnic race Pleasure fair(outdoor) Race track Showground Side show(outdoor) Speedway Sporting arena(outdoor) Sports fields Stadium (outdoor) Theatre (outdoor) Trotting track Velodrome Waterslide Zoological garden

Strategic Framework: Mareeba Dimbulah Irrigation Area

Zone: Rural zone

Overlays: Natural & Cultural Heritage Features Overlay Airport and Aviation Facilities Overlay Natural Disaster - Bushfire Overlay


RELEVANT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:- (a) Far North Queensland Regional Plan 2009-2031 Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

DRO 1.1 Biodiversity Conservation

Land Use Policy Complies Comments

1.1.1 Urban development within the regional landscape and rural production area is located outside of areas of high ecological significance (see map 3).

The proposed drag strip falls within the regional plan's definition of urban development. The south-eastern corner of the subject land is mapped as including State & Regional Conservation Corridor. The proposed drag strip and all ancillary infrastructure is located well outside of this area of high ecological significance.

1.1.3 Urban development adjacent to areas of high ecological significance (see map 3) is located, designed, operated and setback to avoid adverse impacts on the area’s ecological values.

The proposed drag strip falls within the regional plan's definition of urban development. The south-eastern corner of the subject land is mapped as including State & Regional Conservation Corridor. The proposed drag strip and all ancillary infrastructure is located well outside of this area of high ecological significance.

1.1.4 Urban development in or adjacent to areas of general ecological significance (see map 3) is located, designed and operated to avoid or, where avoidance is not possible, minimise any adverse impacts on ecological values where possible.

The proposed drag strip falls within the regional plan's definition of urban development. The southern portion of the subject land is mapped as including Terrestrial Area of General Ecological Significance. The proposed drag strip and all ancillary infrastructure is l t d ll t id f thi f l l i l


DRO 1.3 Air and Acoustic Environment Protection


1.3.2 Development that generates emissions must be adequately separated or planned, designed, constructed and operated to ensure the impacts of air and noise emissions on sensitive land uses meet the objectives of the Environmental protection (air) policy and the environmental protection (noise) policy.

/× See comments/response to Desired Environmental Outcome (r) later in this report.

1.3.3 Sensitive land uses should be separated from activities that generate noise and air emissions including commercial, recreational activities such as motor sports, intensive agricultural land uses, major transport facilities and industrial developments to ensure that existing air and noise emitters are not affected by the encroachment of sensitive land uses.


1.3.4 Noisy outdoor recreational activities, such as motor sports, are designed and located to avoid conflicts with adjacent residential areas.


DRO 2.1 Regional Landscape Values


2.1.1 The value of the landscape for nature conservation, primary production, renewable energy resource areas, priority carbon sequestration, cultural heritage, outdoor recreation and scenic amenity is given appropriate recognition in land use planning and development assessment.

The application proposes to use the subject land for outdoor recreation purposes. The suitability of the land for primary production/agriculture is addressed in the response to DRO2.4. The Natural and Cultural Heritage Features Overlay of the Mareeba Shire Planning Scheme 2004 does not identify any Natural or Cultural Heritage Features in the vicinity of the subject land. Third Party Advice provided by the Department of Environment and Resource Management for the 2009 drag strip application indicates that numerous Aboriginal cultural heritage notings have been identified in the locality. The process to identify and protect Aboriginal cultural heritage is established in the Aboriginal Cultural Heritage Act 2003. An advice condition would be imposed on any approval notifying the applicant of the legal obligation to comply with the Aboriginal Cultural Heritage Act 2003.

2.1.2 The significance of cultural landscapes is given appropriate recognition in land use planning and development assessment.

The Natural and Cultural Heritage Features Overlay of the Mareeba Shire Planning Scheme 2004 does not identify any Natural or Cultural Heritage Features in the vicinity of the subject land. Walsh's Bluff is a natural landscape feature found approximately 2 kilometres south-east of the proposed drag strip. The proposed drag strip is unlikely to have an adverse impact on Walsh's Bluff.


DRO 2.3 Scenic Amenity, Outdoor Recreation and Inter-Urban Breaks


2.3.5 Outdoor recreation development considers climate change impacts on public health, safety and access including from heatwaves, bushfires, flooding and coastal inundation.

The site of the proposed drag strip is not subject to flooding or coastal inundation. The land is mapped as a Medium Bushfire Hazard. The land is accessed via bitumen sealed roads which allow for evacuation in the event of bushfire.


DRO 2.4 Primary Production & Fisheries


2.4.1 Good quality agricultural land is protected from urban development outside the urban footprint.

The subject site is identified as GQAL by the Mareeba Shire Planning Scheme 2004. The development's impact on GQAL was comprehensively considered during the assessment of the previous drag strip application (MCU/09/0034). This assessment is still relevant despite state planning policy SPP1/92 lapsing in December 2012. The following is an extract of the GQAL consideration for MCU/09/0034: "The Department of Environment and Resource Management has provided the following Third Party Advice in relation to SPP1/92:

"The balance of Lot 13 on SP103361 that is north-west of the powerline easement is mapped entirely as good quality agricultural land (GQAL) in accordance with State Planning Policy 1/92 Development and the Conservation of Good Quality Agricultural Land (SPP 1/92). The proposed Drag strip and associated infrastructure is located within this area of the subject lot. The Queensland Government considers that GQAL is a finite National and State resource that must be conserved and managed for the longer term. On a local level, this is supported by the Rural zoning in the current planning scheme and the Regional Landscape and Rural Production Area designation in the FNQ 2009-2031 Regional Plan. In addition to SPP1/92, the subject GQAL is located within a publicly funded irrigation scheme which considerably raises the value of, and the requirement to retain, the land for agricultural use. Under SPP1/92 and the Guidelines attached to SPP1/92, GQAL should not be used for non-agricultural purposes without demonstration: of overriding community need for the proposal and that there is no other available non GQAL land for the purpose, in accordance with the guidelines attached to SPP 1/92; or that the land would not be permanently alienated from agricultural use (i.e. the land could be rehabilitated to its former agricultural capacity should the proposed use cease); or that the land is not GQAL, in accordance with the guidelines attached to SPP1/92. In the absence of an adequate address of SPP1/92, this department would recommend that this application be refused."



The applicant has responded to the issue of GQAL in two parts. Firstly, an assessment of the subject land's agricultural quality has been undertaken by John Kilpatrick Agricultural Consultant. Council has previously accepted Mr Kilpatrick's assessments of agricultural land quality for several other development applications.

Mr Kilpatrick's assessment of the subject land is a follows: "I have been asked to comment on the Agricultural Value of the soils contained in the block under consideration. I understand that it is proposed to develop a motor racing facility on this land. If the soils contained in the existing block were of good agricultural potential, then it is reasonable to assume that there would be either agricultural crops or good pasture growing on the area under consideration. There is channel water along the boundary, good road access and power available. The very limited farming developments that have occurred to date indicate that the land is unsuitable for good quality agricultural production. With the water, access and power, many enterprising manners would have jumped at the chance to farm this land if it were suitable for an economic enterprise. It is obviously not considered an attractive proposition. In 1997, all the soils within the Mareeba/Dimbulah Irrigation Area (MDIA) were mapped. I have attached copies of the mapped soils in the vicinity of the Block under consideration, and a brief description of the only soil contained on Lot 113. This is the "Masterton" soil type. The soil is of Metamorphic Origin. It is poorly drained and infertile. The surface sets hard after rain. Cultivation is difficult. Compared to the well developed and good quality agricultural soils in other parts of the TRC district, this is a very poor alternative. If, as proposed, part of Lot 113 were removed from the agricultural classification, I believe it would have no effect on the overall farming potential of the Tableland Region."

In addition to Mr Kilpatrick's assessment, Conics (Cairns) Pty Ltd has provided further specific justification for the development despite the GQAL designation. Conics (Cairns) Pty Ltd advise as follows:

"GQAL Designation Initially, we note that the site has been assessed in terms of its Good Quality Agricultural Land designation (see attached letter from John Kilpatrick) and the advice received indicates that the soils onsite are not good quality for agricultural production or pastures. Based on this advice, and a review against the State Planning Policy 1/92 Guideline: The Identification of Good Quality Agricultural Land (section 2.2), it would appear that the subject site is most likely identified as Class B or C. Given the predominance of agricultural land in the area and the fact that it is not characterised by pastoral industries, it is considered likely that the land would not be identified as GQAL.



Overriding Need Notwithstanding the above, we submit that the proposed development satisfies the 'overriding need' provisions of the Planning Scheme and SPP in that it will provide a community-wide benefit and is not reasonably able to be located on any other identified sites which are not classed as GQAL. In relation to overriding need, we note that a legal facility for automotive enthusiasts is much needed in the region given the lack of any other such facilities north of Townsville (note: it is understood that the Townsville track is due to close in the near future due to development pressures and expansion of adjoining urban areas). Almost all other sports/hobbies are catered for in the region and it is reasonable that motor sports are too. If/when the Townsville track ceases to operate; racers will need to travel to Mackay to compete should the proposed development not proceed. The need for a track has also recently been supported in the media by local police who agree that the provision of a legal facility is a positive move in that it will encourage "hoons" and motor vehicle enthusiasts in general to use their vehicles in a controlled and safe environment rather than on the streets, which currently occurs due to lack of alternatives. This shift in behaviour will also have benefits to all road users in that it will create a safer environment on the roads and could potentially result in a reduction in fatalities across the region. Finally with respect to overriding need, it is noted that the proposed development will have economic benefits across the Tablelands. Given that the track will be the only facility of its kind in the region, it will attract competitors and spectators from all over North Queensland, and possibly further. Current Springmount Drag Racing Association memberships indicate that racers will come from at least as far as Townsville and Mackay, with many others travelling from Cairns, Innisfail, and other areas within the region. This will ensure that Atherton, Mareeba and the Tablelands in general will benefit economically, with demand for goods and services such as fuel, food, accommodation, etc, being generated.



Lack of Alternative Sites In relation to the issue of whether an alternative site exists, it is submitted that the proposed development is difficult to locate and it is considered unlikely that a better alternative site could be found that is not GQAL. This statement is made on the basis of a review of the Planning Scheme maps for both the old Mareeba and Atherton local government areas which indicate that land which is not GQAL is generally associated with more mountainous terrain, which is unsuitable for the proposed use which requires extremely flat land. The subject site is considered highly suitable on the basis that it is flat but located at the base of mountainous terrain which is expected to provide reasoning for the poor quality of the soils. It is these qualities that deem the site suitable for the proposed use (i.e. poor quality soil but flat land) which severely limit the likelihood of finding an alternative site. This matter is further exacerbated by a number of other characteristics of the subject site which are unlikely to be found elsewhere, as identified in the following: Access/Services The subject site is located within relatively close proximity to the centres of Mareeba and Atherton, and is also highly accessible from Cairns. This geographical location is ideal in that users of the site will not need to traverse vast areas of rural lands but rather can travel predominately on major arterial roads. Further, not only is the geographical location ideal, but the surrounding local road network is of a high standard given its heavy vehicle function. Such a high standard of road access is relatively uncommon in rural areas across the Tablelands and likely to be a major constraint in other areas. Other than good quality road access, the site is also well serviced by water and electricity due to the presence of a Sunwater channel and the waste transfer station and workers accommodation camp which is to be established on the site. Discussions with the lessor of the subject land and proponents of the adjoining workers accommodation camp indicate that ample water will be available for the proposed development.



Character The subject site is located within an area which is characterised by major community and economic facilities such as the Lotus Glen Prison, Arriga Sugar Mill and the Springmount Waste Transfer Station, as well as being traversed by a heavy vehicle route. It is expected that these facilities have been located in this area due to some of the same reasons that make it suitable for this project, being a high level of accessibility to services and it's relatively sparsely population. The proposed development is therefore considered to be consistent with this existing character and is considered unlikely to have a significant detrimental affect on amenity. Commercial Availability Another major aspect of identifying an alternative site is to consider commercial availability. While no investigations have occurred in relation to this matter given the lack of obvious alternative sites, it is noted that this issue could be significant given the amount of land required. Conclusion In light of the above information, it is submitted that the proposed development is consistent with Council's Planning Scheme and State Planning Policy provisions in that: a. The subject site is of poor quality for agricultural

production and is unlikely to be considered Good Quality Agricultural Land; and

b. The proposed development will provide significant public/economic benefit and is a difficult to locate use which is highly suited to the subject site." "

The proposed development is not considered to compromise this DEO.

2.4.2 Appropriate buffer distances between incompatible uses and agricultural operations on good quality agricultural land are provided through sensitive land use planning in accordance with State Planning Policy 1/92.

The proposed development is not sensitive to the impacts of neighbouring rural activities, nor is it likely to impose further constraints on the continued use and development of rural activities in the locality. No buffer is required.

DRO 2.5 Extractive Industries and Mineral Resources


2.5.1 Key resource areas and associated transport infrastructure are protected in accordance with State Planning Policy 2/07.

Springmount Road is identified as a transport route for KRA No. 152 (Pioneer NQ's Borzi Road extractive industry). The transport route separation area extends approximately 20-30 metres into Lot 113. The proposed drag strip is not a sensitive land use and will not adversely impact on the continued operation of this transport route.


DRO 5.4 Primary Industries


5.4.2 Threats to primary production from incompatible development are identified and managed through land use planning and where appropriate, by developer established buffers.

The proposed development is not sensitive to the impacts of neighbouring rural activities, nor is it likely to impose further constraints on the continued use and development of rural activities in the locality. No buffer is required.

5.4.3 Potential conflict between primary industries and urban activities is managed through land use planning and, where appropriate, developer-established buffers.

The proposed development is not sensitive to the impacts of neighbouring rural activities, nor is it likely to impose further constraints on the continued use and development of rural industries in the locality. No buffer is required.


DRO 7.1 Protection of Waterways, Wetlands and Water Quality


7.1.1 Development is planned, designed, constructed and managed in accordance with best practice environmental management to protect environmental values and meet water quality objectives of the Environmental Protection Policy (Water) 1997 (EPP Water) for regional surface water, groundwater and wetlands.

Any new development approval would be conditioned to require the preparation and implementation of a site specific Erosion and Sediment Control Implementation and Management Plan to minimise the risk of erosion and pollution of nearby waterways. A Site and Soil Evaluation for the development was undertaken by the Dirt Professionals in February 2009. The evaluation concludes that sustainable on site effluent disposal is achievable for standard race meetings. Effluent disposal needs for any larger race meetings will be supplemented through the use of portable toilets. The following condition was imposed on the 2009 drag strip approval:

4.4.1 Prior to the commencement of earthworks, an Erosion and Sediment Control Implementation and Management Plan prepared and certified by a suitably qualified person or Registered Professional Engineer Queensland (RPEQ) must be submitted to Council. The plan is to comply with the “Soil Erosion and Sedimentation Control Guidelines” (Institute of Engineers Australia 1996) and the Queensland Urban Drainage Manual 1992, to the satisfaction of Council's delegated officer.

4.4.2 The installation of suitable trash screens and pollutant traps are required to restrict entry of trash and pollutants onto SunWater land.



An Erosion and Sediment Control Implementation and Management Plan was provided to Council prior to the commencement of the drag strip earthworks in 2014. A similar condition would be imposed on any new development approval for the drag strip. Subject to the imposition of this condition, the development will not compromise this DRO.


(b) State Planning Policy The Department of State Development, Infrastructure and Planning has introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. As such, this State Planning Policy is not reflected in the Planning Scheme and is therefore applicable to the assessment of the application. An officer assessment of the proposed development against the provisions contained within the SPP has been undertaken and it is not considered to be in conflict with any relevant aspect of the SPP.

DRO 7.6 Rural Water


7.6.1 The security and efficiency of the water infrastructure network for existing and future primary production areas is maintained and protected from incompatible land uses.

Sunwater's Walsh Bluff Main Channel runs parallel and adjacent to Springmount Road for the entire frontage of the subject land. Sunwater provided advice in response to the 2009 drag strip application and suggested that fencing be erected along a section of the channel. This advice resulted in the following condition being imposed on the development approval:

4.11 SunWater Channel Fencing A 1.8m high chain wire fence, constructed as per drawing No 232590, must be erected from the boundary corner at the Murphy's Creek siphon crossing, with a security gate to the siphon outlet structure wings, and terminating at the right angle turn of the channel to the southeast, provided the fence is extended to enclose the drag strip facility completely back to the road access from this point. Signage must be installed along the fence line, at approximately 50m intervals, notifying the patrons that public access to the channel area is totally prohibited, and no trespassing is allowed.

A similar condition would be imposed on any new development approval for the drag strip.


Queensland State Planning Policy - July 2014

State Interest Complies Assessment Requirements & Comments

Mining and extractive resources

For extractive resources

(1) a development application for:

(a) reconfiguring a lot within a KRA, or

(b) a material change of use within the resource/ processing area of a KRA or the separation area for the resource/processing area of a KRA, or

(c) a material change of use within the transport route separation area of a KRA that will result in an increase in the number of people living in the transport route separation area, and

(2) requirements of (1) above do not apply to the assessment of a material change of use for a:

(a) dwelling house on an existing lot, or

(b) home-based business (where not employing more than two non-resident people on a full-time equivalent basis), or

(c) caretaker’s accommodation (associated with an extractive industry), or

(d) animal husbandry, or

(e) cropping.

(1) the development ensures that:

(a) for development within a resource/processing area for a KRA – the undertaking of an existing or future extractive industry development is not significantly impeded, and

(b) sensitive land uses are avoided within the separation area for a resource/processing area of a KRA, and

(c) for development within the transport route separation area of a KRA – the number of residents adversely affected by noise, dust and vibration generated by the haulage of extractive materials along the route does not increase, and

(d) for development adjacent to the transport route – the safe and efficient use of the transport route by vehicles transporting extractive resources is not adversely affected.

Comment

Springmount Road is identified as a transport route for KRA No. 152 (Pioneer NQ's Borzi Road extractive industry). The transport route separation area extends approximately 20-30 metres into Lot 113. The proposed drag strip is not a sensitive land use and will not adversely impact on the continued operation of this transport route.

Biodiversity

A development application where the land relates to a matter of state environmental significance, if the application is for:

(a) operational work, or

(b) a material change of use other than for a dwelling house, or

(c) reconfiguring a lot that results in more than six lots or lots less than five hectares.

N/A Development:

(1) identifies any potential significant adverse environmental impacts on matters of state environmental significance, and

(2) manages the significant adverse environmental impacts on matters of state environment significance by, in order of priority:

(a) avoiding significant adverse environmental impacts, and

(b) mitigating significant adverse environmental impacts where these cannot be avoided, and

(c) where applicable, offsetting any residual adverse impacts.

Comment

There are no mapped Matters of State Environmental Significance within those parts of Lot 113 for the drag strip and ancillary facilities.


Water quality

Receiving waters - a development application for any of the following:

(1) a material change of use for urban purposes that involves a land area greater than 2500 square metres that:

(a) will result in an impervious area greater than 25 per cent of the net developable area, or

(b) will result in six or more dwellings, or

(2) reconfiguring a lot for urban purposes that involves a land area greater than 2500 square metres and will result in six or more lots, or

(3) operational works for urban purposes that involve disturbing more than 2500 square metres of land.

Receiving waters

Development:

(1) avoids or otherwise minimises adverse impacts on the environmental values of receiving waters, arising from:

(a) altered stormwater quality or flow, and

(b) wastewater (other than contaminated stormwater and sewage), and

(c) the creation or expansion of non-tidal artificial waterways, and

(2) complies with the SPP code: Water quality (Appendix 2).

Comment

Any new development approval would be conditioned to require the preparation and implementation of a site specific Erosion and Sediment Control Implementation and Management Plan to minimise the risk of erosion and pollution of nearby waterways. A Site and Soil Evaluation for the development was undertaken by the Dirt Professionals on February 2009. The evaluation concludes that sustainable on site effluent disposal is achievable for standard race meetings. Effluent disposal needs for any larger race meetings will be accommodated through the use of portable toilets. The following condition was imposed on the 2009 drag strip approval:

4.4.1 Prior to the commencement of earthworks, an Erosion and Sediment Control Implementation and Management Plan prepared and certified by a suitably qualified person or Registered Professional Engineer Queensland (RPEQ) must be submitted to Council. The plan is to comply with the “Soil Erosion and Sedimentation Control Guidelines” (Institute of Engineers Australia 1996) and the Queensland Urban Drainage Manual 1992, to the satisfaction of Council's delegated officer.


4.4.2 The installation of suitable trash screens and

pollutant traps are required to restrict entry of trash and pollutants onto SunWater land.



An Erosion and Sediment Control Implementation and Management Plan was provided to Council prior to the commencement of the drag strip earthworks in 2014. A similar condition would be imposed on any new development approval for the drag strip. Subject to the imposition of this condition, the development will not compromise this aspect of the SPP.


Natural hazards

A development application for a material change of use, reconfiguring a lot or operational works on land within:

(1) a flood hazard area, or

(2) a bushfire hazard area, or

(3) a landslide hazard area, or

(4) a coastal hazard area.

For all natural hazards:

Development:

(1) avoids natural hazard areas or mitigates the risks of the natural hazard, and

(2) supports, and does not unduly burden, disaster management response or recovery capacity and capabilities, and

(3) directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties, and

(4) avoids risks to public safety and the environment from the location of hazardous materials and the release of these materials as a result of a natural hazard, and

(5) maintains or enhances natural processes and the protective function of landforms and vegetation that can mitigate risks associated with the natural hazard, and

Comment

The site of the proposed drag strip and ancillary infrastructure is not located within a flood hazard area or landslide hazard area as defined under the draft Planning Scheme. The proposed drag strip is located within a mapped Medium Bushfire Hazard area. The subject land has sufficient area to provide appropriate setbacks from hazardous vegetation. All internal roads will be constructed in accordance with the FNQROC Development Manual. The land is accessed via bitumen sealed roads which allow for evacuation in the event of bushfire. The applicant will be required to prepare and implement a Bushfire Management Plan for the development. The land is not within a coastal hazard area.


(c) Mareeba Shire Planning Scheme 2004 (amendment no. 01/11) Relevant Desired Environmental Outcomes

DEO Complies Comments

(a) Significant natural features such as the dense tropical rainforest adjoining the Wet Tropics area, the savannas, the major river systems, wetlands and wildlife corridors, areas identified in the Areas of Regional significance for the Conservation of Biodiversity under the FNQ Regional Plan are protected.

The southern portion of the subject land is mapped as including State & Regional Conservation Corridor and Terrestrial Area of General Ecological Significance. The proposed drag strip and all ancillary infrastructure is located well outside of these areas of ecological significance. The proposed development does not require the clearing of remnant vegetation, nor does the subject site adjoin major river systems, wetlands or wildlife corridors. The proposed development does compromise this DEO.


(b) The values of significant cultural heritage features and heritage conservation, the components of which include aesthetic, architectural, historic, social or spiritual significance are conserved and protected.

The Mareeba Shire Planning Scheme does not identify any significant cultural heritage features in the locality. Third Party Advice provided by the Department of Environment and Resource Management for the 2009 drag strip application indicates that numerous Aboriginal cultural heritage notings have been identified in the locality. The process to identify and protect Aboriginal cultural heritage is established in the Aboriginal Cultural Heritage Act 2003. An advice condition would be imposed on any approval notifying the applicant of the legal obligation to comply with the Aboriginal Cultural Heritage Act 2003.

(c) Adverse effects from development on the natural environment are minimised with respect to the loss of natural vegetation, soil degradation, air and water pollution due to erosion, dust and chemical contamination, dispersal of pollutants, effluent disposal and the like.

The proposed development does not require the clearing of remnant vegetation. Any development approval would be conditioned to require the preparation and implementation of a site specific Sediment and Erosion Control Plan. The implementation of this plan will minimise the risk of erosion and pollution of nearby waterways. A condition of any approval would require the applicant to provide Council with an Environmental Management Plan prepared by a suitably qualified professional which addresses all environmental impacts and measures to be implemented to mitigate the impacts. A Site and Soil Evaluation for the development was undertaken by the Dirt Professionals in February 2009. The evaluation concludes that sustainable on site effluent disposal is achievable for standard race meetings. Effluent disposal needs for any larger race meetings will be accommodated through the use of portable toilets. Subject to the imposition of Council's standard conditions, the development will not compromise this DEO.


(d) Good quality agricultural land is conserved and protected from fragmentation and alienation.

The subject site is identified as GQAL by the Mareeba Shire Planning Scheme 2004. The development application does not include a reconfiguring a lot aspect, therefore the subject land will not be further fragmented. The development's impact on GQAL was comprehensively considered during the assessment of the previous drag strip application (MCU/09/0034). This assessment is still relevant despite state planning policy SPP1/92 lapsing in December 2012. The response to the FNQ Regional Plan DRO2.4 - Land Use Policy 2.4.1 (earlier in this report) details this assessment. Based on the assessment, it is accepted that: a. The subject site is of poor quality

for agricultural production and is unlikely to be considered Good Quality Agricultural Land; and

b. The proposed development will provide significant public/economic benefit and is a difficult to locate use which is highly suited to the subject site.

The applicant's response to this matter is comprehensive and the proposed development is not considered to compromise this DEO.

(e) Agricultural and forestry resources, mining, extractive activity in the rural sector are encouraged, facilitated and protected.

The proposed development is not sensitive to the impacts of neighbouring developments, nor is it likely to impose further constraints on the continued use and development of rural industries in the locality. The proposed development does not compromise this DEO.


(f) The amenity and safety of land uses adjoining industrial estates and agricultural areas adjoining urban centres are protected from potential noise and air pollution.

This DEO relates specifically to impacts associated with industrial estates and agricultural uses. The proposed development does not adjoin an industrial estate, nor does it propose an agricultural use. The development therefore does not compromise DEO (f). The noise impact of the proposed development is appropriately considered under DEO (r).

(g) The standard and location of the built environment, particularly in Mareeba and Kuranda, minimise the use of non-renewable resources, having regard to associated wastewater and effluent disposal infrastructure.

A Site and Soil Evaluation for the development was undertaken by the Dirt Professionals in February 2009. The evaluation concludes that sustainable on site effluent disposal is achievable for standard race meetings. Effluent disposal needs for any larger race meetings will be accommodated through the use of portable toilets. The response provided for DEO (d) above, demonstrates that the proposed development will not result in a significant loss of GQAL. The proposed development does not compromise this DEO.


(h) All members of the community have appropriate access to relevant services and facilities that meet their needs and create a sense of community satisfaction.

A significant number of submissions were received in support of the 2009 drag strip application. The development of a permanent drag strip north of Townsville will improve the community's access to motorsport venues and will also fulfil the need expressed by many of the submitters. The proposed development does not compromise this DEO.

(i) The efficient use, extension and safe operation of infrastructure are maximised, including roads, rail, aerodromes, water and sewerage systems.

/× The subject land is not serviced by reticulated water or sewerage. All water supply and wastewater infrastructure will be provided on site and its maintenance will be the responsibility of the applicant. The efficiency of supplying and maintaining this infrastructure is of minimal concern to Council. Springmount Road, Chettle Road and Hansen Road are high quality rural roads which provide heavy vehicle access to the Tableland Mill and Springmount Waste Management Facility on a daily basis. The proposed development has the potential to generate approximately 600 vehicle movements a fortnight. Due to the high standard of the existing roads, the number of vehicle movements associated with the proposed development will not lessen the efficiency of the relevant sections of road. The proposed development does not compromise this DEO.

(j) Threats to public safety and health associated with the natural and built environments, including flooding in the catchments of the Barron River and Mitchell River are minimised.

The subject land is not at risk from flooding. The proposed development does not compromise this DEO.


(n) Mareeba’s role and identity as the main business, economic centre and regional service centre and gateway to the Cape is consolidated.

The proposed development does not detract from Mareeba's role and identity. There is some potential for flow-on economic benefits for Mareeba based on the wide distribution of supporting submitters and the apparent degree of community support. The proposed development does not compromise this DEO.

(q) The establishment of new industries such as value adding agricultural industries as well as ecotourism and tradeable services beyond agriculture.

Whilst the application does not propose agricultural industries or ecotourism, the development has potential to lead to flow-on economic benefits for Mareeba and the wider Shire. The distribution of supporting submitters for the 2009 drag strip application indicates that the development will attract visitors from throughout the region bringing increased level of spending into the Shire. The proposed development does not


(r) The identification and protection of the amenity of noise sensitive development and liveability of residential areas.

/× The subject land is located within a rural locality isolated from major urban nodes. Despite this, noise sensitive development does exist in the locality and the applicant must demonstrate that the amenity of the noise sensitive development is maintained to a reasonable level. The reasonable level is established by the Environmental Protection (Noise) Policy. The applicant has engaged NV Engineers to assess the potential noise impacts associated with the development and to recommend mitigation measures. A Noise Impact Assessment has been prepared for the development (Attachment 2). The Noise Impact Assessment concludes:

Based on a review of the layout of the proposed drag racing facility and the surrounding area the noise emissions from drag racing vehicles using the facility have the potential to impact on surrounding residences. Other potential noise producing activities such as mechanical plant and the PA system are unlikely to impact on nearby residences. This is due to the large separation distances between the facilities at the site and nearby residences, with the nearest residence being significantly screened from the drag strip by the proposed 6m high earth mound. To ensure that these noise sources are not an issue it is recommended that the noise limits presented in Table 11 and Table 12 are specified in the Development Approval conditions.



/× Noise Emission from a Full Race Meeting It can be seen from Table 8 that noise emissions from a full race meeting are likely to exceed the limits by 26dBA at Residence 2. To ensure that some screening is achieved at this residence under neutral or upwind conditions Springmount Raceway will extend the proposed 6m high earth mound (relative to strip level) with a 3m high earth mound to 50m past the finish line. Under downwind conditions the calculation method used in the modelling (ISO 9613) indicates that even with large earth mounds the attenuation achieved is only minor. In practice when weather conditions are neutral or upwind this mound will provide additional attenuation at Residence 2 with some benefit also likely for Residence Group 1. Based on the fact that it is not practical to achieve high levels of attenuation of the noise levels under all weather conditions with earth mounds Springmount Raceway propose to specifically notify the owners of this property of the proposed development. Based on the outcome of this correspondence further noise attenuation measures may be considered. It should be noted that the current proposal would have estimated noise levels at Residence 2 similar to the noise levels estimated for the previously approved proposal.



/× At the next further removed residences to the north and the south (Residence Groups 1 and 6) the exceedance of noise limits is likely to be of the order of 13dBA to 18dBA. At further away residences including Residence 3, Residence Group 4 and Residence 5 the exceedance is likely to be 2dBA to 3dBA. The predictions are based on the typical noise levels for a full race meeting including Supercharged Outlaws. The noise emissions from quieter classes of vehicles/bikes are likely to be up to 10dBA to 15dBA less than the noise emissions presented in this study. Noise Emission from Annual Car Show in the Evening It can be seen from Table 9 that noise emissions from the annual car show in the evening are likely to exceed noise limits by 23dBA at Residence 2. Under neutral and upwind conditions the 6m/3m earth mound along the northern side of the track is likely to achieve higher levels of attenuation then is represented by the modelling results presented in this report for downwind conditions.

At the next further removed residences to the north and the south (Residence Groups 1 and 6) the exceedance of noise limits is likely to be of the order of 14dBA to 15dBA. There is likely to be some additional attenuation achieved at Residence Group 1 under neutral or upwind weather conditions due to the proposed 6m/3m earth mound on the northern side of the drag strip. At further away residences including Residence 3, Residence Group 4 and Residence 5 the exceedance is likely to be of the order of 3dBA to 4dBA.



/× Unlike the previous application this proposal will only operate during the evening for one event per year with all other events occurring during the less noise sensitive day time period. In terms of perceived noise impacts to the surrounding residents this would be considered a more reasonable outcome compared with the previous proposal. As is the case with many motorsport facilities in Australia there are generally short-term noise impacts to surrounding residences. This is due to the inherent noisy nature of motorsport and the difficulty in providing practical measures to control noise from this type of activity. The noise from drag racing will be heard at large distances under some circumstances but this would not mean that the noise emissions are unreasonable at all locations that it can be heard. The perceived noise impact would be different from person to person and would relate not only to the noise level but the character of the noise and the rate of occurrence. In this instance it is proposed to reduce the occurrence of meetings to one per month which is a significant change from the previous application. Once a month would be considered a regular but an infrequent occurrence. To further minimise the perceived noise impacts the recommendations in Section 10 should be implemented. The predictions presented in this report are based on modelling assumptions and the ISO 9613 calculation method which is intended to represent downwind conditions. It should be acknowledged that there are uncertainties associated with the modelling predictions. Further discussion in this regard is presented in Section 8.



/× The findings of the Noise Impact Assessment indicate that predicted noise levels at Residence 2, Residence Group 1 and Residence Group 6 exceed the applicable noise level limits suggested by the Environmental Protection (Noise) Policy (EPP Noise). The predicted noise levels are based on the worse case scenario of loudest expected vehicle category (Supercharged Outlaws) and wind conditions favourable to noise propagation. Supercharged Outlaws may race at the facility at a maximum of two (2) events per year. This will be enforced by condition. Vehicles at monthly race meetings may be between 10 to 15dBA quieter than the worse case predictions. For the previous drag strip application, the predicted noise levels and the requirements of the EPP Noise were discussed with a Senior Environmental Officer from the Department of Environment and Resource Management (EPA). The officer advised that it would be acceptable to exceed the EPP Noise noise levels for infrequent events. The Supercharged Outlaw events are clearly infrequent events. Notwithstanding, racing at these events will be restricted to the hours of 11:00am to 5:00pm, the least noise sensitive time of day. NV Engineers advise that they consider the monthly race meetings to be a regular but an infrequent occurrence. It is acknowledged that this current application with the reduced race meeting frequency and mostly daylight racing is a more reasonable outcome compared with the previous approved development. Despite the low frequency of events, it is still necessary for reasonable noise management conditions to remain in place.



/× Specifically, the suggested conditions place limits on the hours/days of operation, the frequency of races and the highest class of vehicle permitted. The suggested conditions also requires the development and implementation of a Noise Management Plan and outline a process for the investigation of complaints in the event of a proven noise nuisance. The applicant will be responsible for the cost of engaging an indepent acoustic expert to investigate noise complaints and will be required, where directed by Council, to implement any additional noise migitation measures derived by the independent acoustic expert. The suggested conditions and acoustic control measures are as follows: 3.4.1 The drag strip may host racing of

vehicle classes up to and including Supercharged/Turbocharged/Nitro Outlaws. The noise levels for Supercharged/Turbocharged/Nitro Outlaws or any other vehicle must not exceed levels nominated in Table 6: Typical Source Noise Levels at a Distance of 450m of the Noise Impact Assessment (150006-01-F01 (Rev 0) Acoustic Report.Docx) prepared by NV Engineers dated 26 February 2015, unless otherwise approved by Council.

Any vehicle/s or class of vehicle, which exceeds the noise levels nominated in Table 6: Typical Source Noise Levels at a Distance of 450m of the Noise Impact Assessment (150006-01-F01 (Rev 0) Acoustic Report.Docx) prepared by NV Engineers dated 26 February 2015, are not permitted to race or test at the facility, unless otherwise approved by Council.



/× 3.4.2 Frequency of meetings and hours of operation (i) Monthly weekend race

meeting between 9:00am to 5:00pm, with racing and burnouts between 11:00am and 5:00pm Saturday only.

(ii) One (1) weekend car show race meeting per year with racing between 11:00am and 5:00pm Saturday only. Burnouts may occur between 9:00am and 10:00pm Saturday and 11:00am and 3:00pm Sunday. Burnouts must only occur on the burnout pad in front of the 6 metre high earth mound.


(iv) Each monthly weekend race meeting must be separated by at least three weeks from the previous monthly weekend race meeting.





/× (vii) No testing of any vehicle/s is permitted at the facility outside the race meetings specified in (i) and (ii) above.


3.4.4 All Meetings (i) Race frequency must not

exceed an average of thirty (30) races per hour and noisier activity must only occur for up to 30 seconds for each race (i.e. burnout, preparing at start and racing).

(ii) Burnouts must not occur for more than an average of 30 minutes in any one hour.

3.4.5 Noise Attenuation Measures The following noise attenuation measures shall be established prior to the commencement of drag racing on the site: (i) A 6 metre high earth mound

(above strip level) along the north eastern side of the drag strip from the staging area, extending for the first 300m of the drag strip.

(ii) A 3 metre high earth mound (above strip level) extending from the end of the earth mound required by (i) above, to a point 50 metres beyond the finish line.



/× 3.4.6 The on-site public address system must comply with the following: Numerous small speakers must be installed rather than fewer large speakers. Speakers must be directional and generally face away from nearby residences and preferably towards the ground. The operator of the proposed development must purchase a high quality sound level meter to monitor source noise levels to ensure that such levels do not exceed the levels specified in Table 11: Noise Limit for the PA System of the Noise Impact Assessment (150006-01-F01 (Rev 0) Acoustic Report.Docx) prepared by NV Engineers dated 26 February 2015.




/× 3.4.8 Noise Management Plan A noise management plan for the development must be developed by the applicant in conjunction with an acoustic engineer to identify potential impacts and measures to reduce those effects. To assist in demonstrating that all reasonable and practicable measures have been taken to minimise environmental harm from occurring, the following actions must be included in a noise management plan: (i) A site plan including the

location of the event, neighbouring land-use details, location and orientation of the drag strip and public address systems.

(ii) The distribution of a notification letter to surrounding potentially (within a 5 kilometre radius of the drag strip) noise-affected premises used for residential or business purposes which includes: a small version of the site plan a description of the planned event the time the event starts and finishes the times for any sound testing to take place a description of the proposed measures that will be implemented to minimise noise from the event



/× any changes that have been made to further minimise noise following previous events the name and phone number of a site contact person for any complaints lodged before, during and/or after the event. This letter must be distributed to all potentially affected parties at least three (3) months prior to the event. Please be aware that letter-box drops have the potential to not reach all intended recipients, partly due to delivery staff being unwilling to deliver this information to letterboxes marked with 'no junk mail' stickers. The preferred method for delivery is in an addressed envelope marked ‘to the resident’ or ‘to the occupier’. A copy of the letter must be sent to Council.

(iii) Undertake acoustic monitoring during the event to ensure that all reasonable and practicable measures are taken to minimise the overall sound level and low frequency noise at noise-affected premises.

(iv) Maintain a complaints register which must include: contact details of all complainants; the time and date the complaint is received; a description of the complaint; a description of the activities occurring which gave rise to the complaint; any action taken as a result of the complaint.



/× (v) Following each event, the applicant must notify Council of all complaints and the actions taken as a result of the complaint.


(vii) The approved use must comply with the approve noise management plan at all times.



Relevant Development Codes

The following Development Codes are considered to be applicable to the assessment of the application:

Part 4, Division 14 Rural Zone Code Part 5, Division 8 Natural Disaster - Bushfire Overlay Code Part 6, Division 5 Car Parking Code Part 6, Division 15 Landscaping Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval.


/× It is important to note that compliance with the EPP Noise policy does not mean that drag racing will not be audible at surrounding residences. It simply means that noise from the drag racing may still be audible over a considerable distance, however the noise levels should not be unreasonable. The frequency of operation and the proposed conditions are considered sufficient to ensure that compliance with this DEO is achieved to an acceptable level.

(t) The protection of existing heavy vehicle routes as shown on Maps R1 and R2 and existing and proposed extraction haulage routes from incompatible land use.

The proposed development is not incompatible with the operation of the existing heavy vehicles routes. The proposed development does not compromise this DEO.

Relevant Codes Comments Rural Zone Code The application complies with applicable acceptable/probable

solutions/performance criteria. Natural Disaster Bushfire Overlay Code The application complies with applicable acceptable/probable

solutions/performance criteria. Car Parking Code The application complies with applicable acceptable/probable

solutions/performance criteria. Landscaping Code The application complies with applicable acceptable/probable

solutions/performance criteria.


(e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 1 - Water Supply (Outside Reticulated Water Supply Area) The applicant estimates the water supply demands for the development to be less than one (1) megalitre. Whilst no water allocation is in place for the proposed development at present, various options exist for the applicant to transfer an adequate water allocation to the drag racing club. The water would be sourced from the adjoining SunWater irrigation channel. No. 4 - Development Manual All development works will need to be carried out in accordance with the FNQROC Development Manual. (f) Additional Trunk Infrastructure Condition - Road Infrastructure (Section 650 of

SPA) The subject land is located outside the identified Priority Infrastructure Area (PIA). Section 650 of SPA allows Council to condition additional trunk infrastructure outside the PIA. The applicant advises that standard meetings will be held on a monthly basis. Based on previous discussions with the applicant, standard meetings are expected to attract up to 500 participants and spectators. The larger car show race meeting to be held once a year may attract up to 1,000 participants and spectators. There is no certainty that the drag strip will not attract far more visitors than currently expected. If 60 percent of visitors drive to the site (remaining 40% passengers), a standard race meeting is assumed to generate 300 vehicles or 600 vehicle movements. In 2010, Council's Design office staff identified the upgrade works required to be constructed on Chettle Road/Springmount Road/Granite Creek causeway to improve the roads capacity to 3000 vehicles per day. The summary of costs is as follows:

Granite Creek Crossing $215,500 Chettle/Springmount Road intersection $87,700 Road Widenings Springmount Road $219,000 Total $522,500

This upgrade would support an additional 2500 vehicle movements per day (based on an assumption that the road currently services 500 vehicle movements per day). Therefore a contribution of $209 per each additional vehicle movement is required ($522,500/2500). On the basis the construction of the motorsports facility will likely generate 2 * 300 vehicle movements per day (on race days) the proposed contribution is calculated as follows:


Proposed contribution X = 2 * 300 * $209 * (Discount factor for One day per week activity = 0.5) = $62,700.00. Applying a 2% price adjustment to this contribution for each year since 2010 means that the 2015 value of the contribution is approximately $67,868.50. In 2010, Council approved the previous drag strip application subject to the payment of $62,700.00 towards the road network. The 2010 application provided for 52 race events per year. In August 2014, the applicant requested a reduction in the number of race events to 34 per year. Council approved the reduction in event numbers and reduced the road contribution by an equivent 35%, to $44,118.60. Under the current application, only 12 events are proposed per year. It is therefore recommended that the road contribution be further amended to reflect the reduction (approximately 67%) in event numbers. The applicable contribution for 12 events per year is $15,662.00. REFERRALS Concurrence The application triggered referral to the Department of State Development, Infrastructure and Planning as a Concurrence Agency (DTMR - All State Transport Infrastructure). That Department advised in a letter dated 20 February 2015 that they have no requirements for the development (Attachment 3). Contaminated Land The subject land is listed on the Contaminated Land Register (CLR) because it was formerly part of the same allotment as the Springmount Waste Management Facility. The subject land (Lot 113) has not been used for waste disposal purposes. Up until July 2014, development of land listed on the CLR triggered referral to the Department of Environment and Heritage Protection for assessment of the contaminated land matters. ost July 2014, the applicants are responsible for consideration of the contaminated land matters in accordance with the Queensland Guideline - Managing contaminated land under the Sustainable Planning Act 2009. The applicant advises that the development does not trigger the need for compliance assessment of contaminated land matters because the development does not involve an 'assessable underground facility'. Advice The application triggered referral to Powerlink as an Advice Agency. Powerlink advised in a letter dated 10 March 2015, that they have no objection in principle to the development, however any works within the electricity easement will need to be approved by Powerlink (Attachment 4).


Internal Consultation Council's development engineering section has reviewed the development application. The suggested conditions for the traffic aspect of this development are:

(i) To install signs and paint linemarking in accordance with the attached sketches and the MUTCD.

(ii) The developer will need to present a traffic management plan for events which

should include a temporary speed limit and traffic controllers. The traffic management plan will require approval by Council's delegated officer.


Springmount Road/Unnamed Road

Unnamed Road/Drag Strip Access PUBLIC NOTIFICATION The development proposal was placed on public notification from 27 February 2015 to 20 March 2015. The applicant submitted the notice of compliance on 26 March 2015 advising that the public notification requirements were carried out in accordance with the requirements of the Act. Five (5) properly made submissions were received (Attachment 5). The grounds for objection/support are summarised and commented on below:


Grounds for objection /support Comment Is an assessment of low frequency noise required because drag racing noise has a low frequency component?

A noise impact assessment was undertaken by NV Engineers (Attachment 2).

Proposed condition 3.4 (inclusive) includes significant noise control and management requirements.

The applicant is required to manage the noise emissions and respond to complaints where practical.

In the event that a substantiated noise nuisance complaint is received by Council, proposed condition 3.4.9 requires the engagement of an independent acoustic consultant to assess the complaint and recommend additional noise mitigation measures. Where directed by Council, the applicant will need to implement the recommended additional noise mitigation measures within three (3) months.

The background noise measurements seem high compared to the winter measurements taken for the wind farm. Summer measurements can be affected by animal/insect noise.





Do cumulative noise impacts of drag strip and wind farm need to be considered?

No. Each development has been assessed individually.

The applicant should consult with anyone who may be exposed to excessive noise, not only adjoining neighbours. Some of these people may not be aware of the development.

The applicants notified all adjoining land owners as required by the SPA. In addition, a public notice was erected on the land and a notice published in a local newspaper.

With respect to Mr Willetts query regarding his failure to be notified as an adjoining land owner, the subdivision of the drag strip lot from the Springmount Waste Management Facility lot means that Mr Willetts is no longer an adjoining land owner of the drag strip lot.


How is the developer going to comply with the FNQ Regional Plan Land Use Policy 1.3.2 and Environmental Protection (Noise) Policy 2008. Will acoustic barriers be needed?





Will this be an entertainment precinct, which could host 'rave parties' and the like?

Noted. Proposed condition 3.9 has been suggested to address this concern. The applicant advises that it is not intended to host such events.

Illegal camping at Oaky Creek and Walsh River crossings may be exacerbated by drag strip visitors. How can this be prevented?

Noted. Proposed condition 4.13 has been suggested to address this concern.

Drag strip visitor traffic could conflict with other traffic on Springmount Road and cane haulage traffic. Suggests that advertising/promotion of the events direct access via Chettle and Hansen Road and warn about sugar cane haulage.

Proposed Condition 4.2 would require the applicants to provide one (1) week's notice of events to the Manager of the Tableland Mill and to place and maintain advisory signage at the identified locations one (1) day before and after events.

The proposed burnout pad is on an elevated part of the site. Burnout noise should cease by 7:00pm.

Racing at all events will be restricted to the hours of 11:00am to 5:00pm Saturday. Burnouts at 11 of the 12 yearly events will be restricted to 9:00am to 5:00pm.

The one (1) yearly car show race meeting will allow burnouts up to 10:00pm on Saturday and between 11:00am and 3:00pm Sunday. This is not considered unreasonable given the low frequency of this particular event.

The site is adjacent to the Sunwater Channel.

Agreed. Sunwater Limited were notified of the development application as an adjoining land owner. Proposed conditions have been included to manage their concerns.

The development fails to mention the number of expected visitors.

Based on previous discussions with the applicant, monthly race meetings are expected to attract up to 500 participants and spectators. The larger car show race meeting to be held once a year may attract up to 1,000 participants and spectators. It is acknowledged that these figures are estimates and visitor numbers will fluctuate at events.


Noise up to 11:00pm may cause nuisance. This includes traffic noise from visitors leaving the drag strip.

Racing at all events will be restricted to the hours of 11:00am to 5:00pm Saturday. Burnouts at 11 of the 12 yearly events will be restricted to 9:00am to 5:00pm.

The one (1) yearly car show race meeting will allow burnouts up to 10:00pm on Saturday and between 11:00am and 3:00pm Sunday. This is not considered unreasonable given the low frequency of this particular event.

Will an approval of the drag strip, with its noise impacts, create precedent for development of other noisy activities in the area?

No. Any future proposed developments will need to also address noise emissions.

If the development is approved subject to conditions/limitations, what assurances are there that conditions/limitations will not be reduced in the future?

Where a development approval is granted, it is subject to the facts and circumstances as outlined in the application documentation and any conditions of approval.

Under the Sustainable Planning Act 2009, any changes to a development approval once granted must be permissible.

Any change that:

• Introduces new impacts or increases the severity of known impacts; or

• Removes an incentive or offset component that would have balanced a negative impact of the development; or

• for an approval for assessable development that previously required impact assessment – be likely, in the responsible entity’s opinion, to cause a person to make a properly made submission objecting to the proposed change, if the circumstance allowed;

is not a permissible change and can not be approved by Council unless a fresh development application is lodged.

Under the current planning scheme and the probable future planning scheme, a fresh development application would also be impact assessable and subject to public notification.

It is noted that the 1 April 2015 edition of the Mareeba Express newspaper published comments attributed to the directors of the Springmount Raceway. These comments state that once lighting was installed, they would look to holding night racing.

Night racing is not provided for under the current application and would not be permitted under the proposed development approval.


Has an assessment of the noise and low frequency vibrations echoing and reasonating off the rocky mountains been undertaken? Will the development be conditioned/monitored to allow it to be shutdown/modified in the event of nuisance?





Does not support the suggestion to place a notation on rates records warning of drag strip and noise impacts.

Agreed. It is not proposed that a notation warning of the potential impacts of the drag strip be placed on existing properties.

The planning scheme includes the locality within the Rural zone and there is no intention to permit additional residential or sensitive development in this area.

The operators of the proposed drag strip will need to manage the development to avoid unreasonable noise impacts on the existing properties and their respective land owners.

Council should consider widening Springmount Road between the Tableland Mill Gate and the drag strip entrance to reduce the conflict between mill haulage traffic and drag strip visitor traffic.

It is not proposed to condition the applicant to upgrade this section of Springmount Road in order for the development to proceed.

It is recognised that Springmount Road will eventually be upgraded to Rural Collector (8m sealed pavement - 1,000 to 2,999 vehicle movements per day) and the applicants should make a fair contribution towards this eventual upgrade.

The proposed contribution (based on a maximum of 12 events per year) is $15,662.00.


The development should include the following traffic management conditions:

• Give a minimum of one (1) weeks' notice to the Manager of the Arriga Sugar Mill of any upcoming event, and the scheduled duration of that event, in order that haul truck drivers can be provided sufficient pre-warning of each event;

• Provide on-site traffic management personnel at the Springmount Road access to the proposed drag strip, for a minimum of 6 hours either side of the schedule time for commencement and completion of drag racing activies; and

• Place signage at appropriate places (e.g. Hansen Road/Kennedy Highway intersection, site entry point off Springmount Road), for a minimum of two days before and after any scheduled drag strip activities, advising drag strip attendees of the use of Springmount Road by cane haul trucks and alerting of potential conflict.

Dot points 1 and 3 are generally agreed. Proposed Condition 4.2 would require the applicants to provide one (1) week's notice of events to the Manager of the Tableland Mill and to place and maintain advisory signage at the identified locations one (1) day before and after events.

It is unlikely that visitors will arrive on site up to two days before an event.

With respect to dot point 2, the applicants have provided the following response:

'We do not believe that traffic management personnel at the site frontage is necessary given that all visitors will be allowed to park onsite before buying tickets to enter. Vehicle queuing out to Springmount Road should therefore not occur and management personnel would be wasted in that location, adding an unnecessary cost.'

Council's development engineering team requires that the applicant prepare and implement a traffic management plan for events which should include a temporary speed limit and traffic controllers. The traffic management plan will require approval by Council's delegated officer. A traffic management plan has been conditioned.

The development must be undertaken in a manner to prevent fuel or other products being washed in the irrigation channel.

Agreed. Proposed conditions 4.5 - Stormwater Drainage and 4.6 - Water Quality respond to this issue.

The applicant should fence the irrigation channel to prevent public access. Site access should continue via existing access road.

Agreed. Proposed condition 4.12 carries forward the fencing requirement imposed on the previous drag strip approval.


The applicant has provided a brief response to some of the matters raised by submitters. This response is provided as Attachment 6 of this report. Submitters

PLANNING DISCUSSION The development, specifically noise emissions from drag racing vehicles, has the potential to impact on surrounding residences.

Late Submissions

Submitter is a resident of Springmount Estate (Residence Group 1 in the Noise Impact Assessment).

Details the adverse experience (noise, poor driver behaviour) of traffic visiting the Springmount Drag Strip open day on Sunday 29 March 2015.

Submitter has concerns that the section of Springmount Road (Chettle Road to drag strip site) is not adequate to safetly manage cane haulage and drag strip visitors.

Proposed Condition 4.2 would require the applicants to provide one (1) weeks notice of events to the Manager of the Tableland Mill and to place and maintain advisory signage at the identified locations one (1) day before and after events.

Council's development engineering team require that the applicant prepare and implement a traffic management plan for events which should include a temporary speed limit and traffic controllers. The traffic management plan will require approval by Council's delegated officer. A traffic management plan has been conditioned.

Noise buffering along Springmount Road for Springmount Estate should be a requirement of the drag strip going ahead.

The development and implementation of a Traffic Management Plan is the preferred means of managing traffic impacts on Springmount Road between the drag strip entrance and the Springmount Road/Chettle Road intersection.

Measures such as traffic controllers and temporary speed limits will reduce the road traffic noise immediately adjacent to Springmount Estate.

Name of principal submitter Address 1. Sunwater Ltd PO Box 15536, City East, Brisbane QLD 4002

2. L Schwerdtfeger PO Box 91, Mareeba QLD 4880

([email protected])

3. MSF Sugar Ltd PO Box 130, Gordonvale QLD 4865

4. R Willetts PO Box 246, Walkamin QLD 4872

([email protected])

5. Steve Lavis, Tableland Wind Turbine Action

PO Box 268, Tolga QLD 4882

([email protected])

Late submitters Address

1. Paul Carpenter PO Box 1309, Walkamin QLD 4872

([email protected])


Desired Environmental Outcome (r) of the Mareeba Shire Planning Scheme 2004 is as follows: (r) The identification and protection of the amenity of noise sensitive development

and liveability of residential areas.

The Far North Queensland Regional Plan 2009-2031 includes the following land use policies:

1.3.2 Development that generates emissions must be adequately separated or planned, designed, constructed and operated to ensure the impacts of air and noise emissions on sensitive land uses meet the objectives of the Environmental protection (air) policy and the environmental protection (noise) policy.

1.3.3 Sensitive land uses should be separated from activities that generate noise and air emissions including commercial, recreational activities such as motor sports, intensive agricultural land uses, major transport facilities and industrial developments to ensure that existing air and noise emitters are not affected by the encroachment of sensitive land uses.

1.3.4 Noisy outdoor recreational activities, such as motor sports, are designed and located to avoid conflicts with adjacent residential areas. Comment The subject land is located within a rural locality isolated from major urban nodes. Despite this, noise sensitive development does exist in the locality and the applicant must demonstrate that the amenity of the noise sensitive development is maintained to a reasonable level. The reasonable level is established by the Environmental Protection (Noise) Policy. The applicant has engaged NV Engineers to assess the potential noise impacts associated with the development and to recommend mitigation measures. A Noise Impact Assessment has been prepared for the development (Attachment 2). The Noise Impact Assessment concludes:

Based on a review of the layout of the proposed drag racing facility and the surrounding area the noise emissions from drag racing vehicles using the facility have the potential to impact on surrounding residences. Other potential noise producing activities such as mechanical plant and the PA system are unlikely to impact on nearby residences. This is due to the large separation distances between the facilities at the site and nearby residences, with the nearest residence being significantly screened from the drag strip by the proposed 6m high earth mound. To ensure that these noise sources are not an issue it is recommended that the noise limits presented in Table 11 and Table 12 are specified in the Development Approval conditions. Noise Emission from a Full Race Meeting It can be seen from Table 8 that noise emissions from a full race meeting are likely to exceed the limits by 26dBA at Residence 2. To ensure that some screening is achieved


at this residence under neutral or upwind conditions Springmount Raceway will extend the proposed six (6) metre high earth mound (relative to strip level) with a three (3) metre high earth mound to 50 metres past the finish line. Under downwind conditions the calculation method used in the modelling (ISO 9613) indicates that even with large earth mounds the attenuation achieved is only minor. In practice when weather conditions are neutral or upwind this mound will provide additional attenuation at Residence 2 with some benefit also likely for Residence Group 1. Based on the fact that it is not practical to achieve high levels of attenuation of the noise levels under all weather conditions with earth mounds Springmount Raceway propose to specifically notify the owners of this property of the proposed development. Based on the outcome of this correspondence further noise attenuation measures may be considered. It should be noted that the current proposal would have estimated noise levels at Residence 2 similar to the noise levels estimated for the previously approved proposal. At the next further removed residences to the north and the south (Residence Groups 1 and 6) the exceedance of noise limits is likely to be of the order of 13dBA to 18dBA. At further away residences including Residence 3, Residence Group 4 and Residence 5 the exceedance is likely to be 2dBA to 3dBA. The predictions are based on the typical noise levels for a full race meeting including Supercharged Outlaws. The noise emissions from quieter classes of vehicles/bikes are likely to be up to 10dBA to 15dBA less than the noise emissions presented in this study. Noise Emission from Annual Car Show in the Evening It can be seen from Table 9 that noise emissions from the annual car show in the evening are likely to exceed noise limits by 23dBA at Residence 2. Under neutral and upwind conditions the 6m/3m earth mound along the northern side of the track is likely to achieve higher levels of attenuation then is represented by the modelling results presented in this report for downwind conditions. At the next further removed residences to the north and the south (Residence Groups 1 and 6) the exceedance of noise limits is likely to be of the order of 14dBA to 15dBA. There is likely to be some additional attenuation achieved at Residence Group 1 under neutral or upwind weather conditions due to the proposed 6m/3m earth mound on the northern side of the drag strip. At further away residences including Residence 3, Residence Group 4 and Residence 5 the exceedance is likely to be of the order of 3dBA to 4dBA. Unlike the previous application this proposal will only operate during the evening for one (1) event per year with all other events occurring during the less noise sensitive day time period. In terms of perceived noise impacts to the surrounding residents this would be considered a more reasonable outcome compared with the previous proposal. As is the case with many motorsport facilities in Australia there are generally short-term noise impacts to surrounding residences. This is due to the inherent noisy nature of motorsport and the difficulty in providing practical measures to control noise from this type of activity. The noise from drag racing will be heard at large distances under some circumstances but this would not mean that the noise emissions are unreasonable at all locations that it can be heard. The perceived noise impact would be different from person to person and would relate not only to the noise level but the character of the noise and the rate of occurrence. In this instance it is proposed to reduce the occurrence of meetings to one per month which is a significant change from the previous application. Once a month would be considered a regular but an infrequent occurrence. To further minimise the perceived noise impacts the recommendations in Section 10 should be implemented.


The predictions presented in this report are based on modelling assumptions and the ISO 9613 calculation method which is intended to represent downwind conditions. It should be acknowledge that there are uncertainties associated with the modelling predictions. Further discussion in this regard is presented in Section 8.

The findings of the Noise Impact Assessment indicate that predicted noise levels at Residence 2, Residence Group 1 and Residence Group 6 exceed the applicable noise level limits suggested by the Environmental Protection (Noise) Policy (EPP Noise). The predicted noise levels are based on the worse case scenario of loudest expected vehicle category (Supercharge Outlaws) and wind conditions favourable to noise propagation. Supercharged Outlaws may race at the facility at a maximum of two (2) events per year. This will be enforced by condition. Vehicles at monthly race meetings may be between 10 to 15dBA quieter than the worse case predictions. For the previous drag strip application, the predicted noise levels and the requirements of the EPP Noise were discussed with a Senior Environmental Officer from the Department of Environment and Resource Management (EPA). The officer advised that it would be acceptable to exceed the EPP Noise noise levels for infrequent events. The Supercharged Outlaw events are clearly an infrequent event. Notwithstanding, racing at these events will be restricted to the hours of 11:00am to 5:00pm, the least noise sensitive time of day. NV Engineers advise that they consider the monthly race meetings to be a regular but an infrequent occurrence. It is acknowledged that this current application with the reduced race meeting frequency and mostly daylight racing is a more reasonable outcome compared with the previous approved development. Despite the low frequency of events, it is still necessary for reasonable noise management conditions to remain in place. Specifically, the suggested conditions place limits on the hours/days of operation, the frequency of races and the highest class of vehicle permitted. The suggested conditions also requires the development and implementation of a Noise Management Plan and outline a process for the investigation of complaints in the event of a proven noise nuisance. The applicant will be responsible for the cost of engaging an independant acoustic expert to investigate noise complaints and will be required, where directed by Council, to implement any additional noise migitation measures derived by the independent acoustic expert. The suggested conditions and acoustic control measures are as follows: 3.4.1 The drag strip may host racing of vehicle classes up to and including

Supercharged/Turbocharged/Nitro Outlaws. The noise levels for Supercharged/Turbocharged/Nitro Outlaws or any other vehicle must not exceed levels nominated in Table 6: Typical Source Noise Levels at a Distance of 450m of the Noise Impact Assessment (150006-01-F01 (Rev 0) Acoustic Report.Docx) prepared by NV Engineers dated 26 February 2015, unless otherwise approved by Council. Any vehicle/s or class of vehicle, which exceeds the noise levels nominated in Table 6: Typical Source Noise Levels at a Distance of 450m of the Noise Impact Assessment (150006-01-F01 (Rev 0) Acoustic Report.Docx) prepared by NV Engineers dated 26 February 2015, are not permitted to race or test at the facility, unless otherwise approved by Council.

3.4.2 Frequency of meetings and hours of operation (i) Monthly weekend race meeting between 9:00am to 5:00pm, with racing and

burnouts between 11:00am and 5:00pm Saturday only.


(ii) One (1) weekend car show race meeting per year with racing between 11:00am

and 5:00pm Saturday only. Burnouts may occur between 9:00am and 10:00pm Saturday and 11:00am and 3:00pm Sunday. Burnouts must only occur on the burnout pad in front of the 6 metre high earth mound.


(iv) Each monthly weekend race meeting must be separated by at least three (3) weeks from the previous monthly weekend race meeting.



(vii) No testing of any vehicle/s is permitted at the facility outside the race meetings specified in (i) and (ii) above.


3.4.4 All Meetings (i) Race frequency must not exceed an average of 30 races per hour and noisier

activity must only occur for up to 30 seconds for each race (i.e. burnout, preparing at start and racing).

(ii) Burnouts must not occur for more than an average of 30 minutes in any one (1) hour.

3.4.5 Noise Attenuation Measures The following noise attenuation measures shall be established prior to the commencement of drag racing on the site: (i) A six (6) metre high earth mound (above strip level) along the north eastern side

of the drag strip from the staging area, extending for the first 300 metres of the drag strip.

(ii) A three (3) metre high earth mound (above strip level) extending from the end of the earth mound required by (i) above, to a point 50 metres beyond the finish line.

3.4.6 The on-site public address system must comply with the following: • Numerous small speakers must be installed rather than fewer large speakers.

• Speakers must be directional and generally face away from nearby residences

and preferably towards the ground.

• The operator of the proposed development must purchase a high quality sound level meter to monitor source noise levels to ensure that such levels do not


exceed the levels specified in Table 11: Noise Limit for the PA System of the Noise Impact Assessment (150006-01-F01 (Rev 0) Acoustic Report.Docx) prepared by NV Engineers dated 26 February 2015.


3.4.8 Noise Management Plan A noise management plan for the development must be developed by the applicant in conjunction with an acoustic engineer to identify potential impacts and measures to reduce those effects. To assist in demonstrating that all reasonable and practicable measures have been taken to minimise environmental harm from occurring, the following actions must be included in a noise management plan: (i) A site plan including the location of the event, neighbouring land-use details,

location and orientation of the drag strip and public address systems.

(ii) The distribution of a notification letter to surrounding potentially (within a five (5) kilometre radius of the drag strip) noise-affected premises used for residential or business purposes which includes: • a small version of the site plan

• a description of the planned event

• the time the event starts and finishes

• the times for any sound testing to take place

• a description of the proposed measures that will be implemented to

minimise noise from the event

• any changes that have been made to further minimise noise following previous events

• the name and phone number of a site contact person for any complaints lodged before, during and/or after the event.

• This letter must be distributed to all potentially affected parties at least three (3) months prior to the event. Please be aware that letter-box drops have the potential to not reach all intended recipients, partly due to delivery staff being unwilling to deliver this information to letterboxes marked with 'no junk mail' stickers. The preferred method for delivery is in an addressed envelope marked ‘to the resident’ or ‘to the occupier’.

• A copy of the letter must be sent to Council.

(iii) Undertake acoustic monitoring during the event to ensure that all reasonable and practicable measures are taken to minimise the overall sound level and low frequency noise at noise-affected premises.

(iv) Maintain a complaints register which must include: • contact details of all complainants;


• the time and date the complaint is received;

• a description of the complaint;

• a description of the activities occurring which gave rise to the complaint;

• any action taken as a result of the complaint.

(v) Following each event, the applicant must notify Council of all complaints and the

actions taken as a result of the complaint.


(vii) The approved use must comply with the approve noise management plan at all times.


It is important to note that compliance with the EPP Noise does not mean that drag racing will not be audible at surrounding residences. It simply means that noise from the drag racing may still be audible over a considerable distance, however the noise levels should not be unreasonable. The frequency of operation and the proposed conditions are considered sufficient to ensure that compliance with this DEO is achieved to an acceptable level.

Date Prepared: 7 April 2015


ATTACHMENT 1 APPROVED PLANS (ECM VS 3642111)


ATTACHMENT 2


ATTACHMENT 3


ATTACHMENT 4


ATTACHMENT 5


Late Submission


ATTACHMENT 6


ITEM-2 G & S GAMBINO - RECONFIGURING A LOT - SUBDIVISION (2 INTO 4 LOTS) LOT 263 ON NR1920 & LOT 64 ON RP835619 - 69 & 71 GILMORE ROAD, MAREEBA - DA/15/0019

DOCUMENT INFORMATION MEETING: Ordinary MEETING DATE: 15 April 2015 REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT: Corporate and Community Services


APPLICANT G & S Gambino ADDRESS 69 & 71 Gilmore Road, Mareeba

DATE LODGED 24 March 2015 RPD Lot 263 on NR1920 & Lot 64 on RP835619

TYPE OF APPROVAL

Development Permit


Reconfiguring a Lot - Subdivision (2 into 4 Lots)

FILE NO DA/15/0019 AREA Lot 263 - 40.469 Ha

Lot 64 - 37.875 Ha LODGED BY Planning Far North Pty Ltd OWNER Lot 263 - G Gambino

Lot 64 - G & S Gambino

PLANNING SCHEME

Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ZONE Rural (GQAL) LEVEL OF ASSESSMENT

Code Assessment

SUBMISSIONS n/a ATTACHMENTS: 1. Proposal Plan/s EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is code assessable and was therefore not required to undergo public notification.


A development permit for subdivision (2 into 4 Lots) is sought to split both land parcels where currently severed by Gilmore Road. The subdivision will result in the creation of four (4) separate titles ranging in size from nine (9) hectares up to 31 hectares. Both allotments are mapped as containing Good Quality Agricultural Land (GQAL) for their most-part. The application and supporting material has been assessed against the relevant statutory planning instruments, including the FNQ Regional Plan, the State Planning Policy, and the Mareeba Shire Planning Scheme (including codes and policies) and is in conflict with rural subdivision provisions contained in both the Regional Plan and the Planning Scheme. The proposal would result in the further fragmentation and ultimate loss of GQAL as well as an increase in dwelling densities within an actively farmed rural area. While it is acknowledged that the subject allotments are somewhat fragmented by Gilmore Road, each allotment has and is still able to be farmed as one (1) unit. This road bisection is not considered to be sufficient town planning grounds to justify further fragmentation and loss of GQAL through the creation of two additional titles. Also of note, is the operational sawmill established on the allotment immediately to the east of the subject land Should this application be approved, the two (2) additional dwellings likely to result from the creation of the two vacant titles will be situated hundreds of metres closer to the sawmill than the existing dwelling houses, increasing the risk of potential land use conflict. The application has significant conflicts with the Planning Scheme and the principles contained within the Regional Plan and it is therefore recommended that the application be refused.




Refused by Council for reasons set out in (B).

(A) REFUSED DEVELOPMENT: Development Permit for Reconfiguring a Lot - Subdivision (2 into 4 Lots)

(B) ASSESSMENT MANAGER’S REASONS FOR REFUSAL:

APPLICATION PREMISES APPLICANT G & S Gambino ADDRESS 69 & 71 Gilmore

Road, Mareeba DATE LODGED 24 March 2015 RPD Lot 263 on NR1920 &

Lot 64 on RP835619 TYPE OF APPROVAL

Development Permit


Reconfiguring a Lot - Subdivision (2 into 4 Lots)


That Council considers:-

1. The proposed development is in conflict with Part 4, Division 14, 4.77 Overall Outcomes for Rural Zone code:

The overall outcomes sought for the Rural Zone Code are to achieve an area:

(b) where agricultural production and the raising of animals are protected from incompatible land uses;

(c) where Good Quality Agricultural Land is protected from fragmentation and alienation, not developed for purposes other than agricultural and support uses, and is protected from incompatible land uses in accordance with SPP 1/92.

2. The proposed development is in conflict with Part 4, Division 14, 4.80 for Rural Zone Code:

4.78 Building Siting, Scale and Amenity

S2 Agricultural activities are protected from incompatible land uses.

PS2.2 Non agriculture or agriculture - intensive uses which adjoin any agriculture or agriculture - intensive uses are protected from spray drifts by the maintenance of a separation distance of 300 metres between the agriculture or agriculture - intensive uses and the non agriculture or agriculture - intensive uses.

4.80 Reconfiguring a Lot

S1 The viability of the farming industry throughout the Shire and including Good Quality Agricultural Land, and future opportunities for farming pursuits are not compromised.

PS1.1 Allotments to have a minimum area of 60 hectares and road frontage of 300 metres within the area identified on Agricultural Land Quality Maps S2, S3, S4, S5; or

3. The proposed development is in conflict with land use policy 2.4.1, 2.4.2 and 2.6.1 of the Far North Queensland Regional Plan 2009-2031.

4. That there are not sufficient grounds to justify approval, despite the identified conflicts."

THE SITE

The subject land is situated at 69 and 71 Gilmore Road, Mareeba, and is described as Lot 263 on NR1920 and Lot 64 on RP835619, Parish of Tinaroo, County of Nares. Lot 263 and Lot 64 have areas of 40.469 Ha and 37.875 Ha respectively and are both zoned Rural under the Mareeba Shire Planning Scheme. The majority of both lots is mapped as Good Quality Agricultural Land (GQAL) by the Planning Scheme's land quality mapping.


Lot 263 is improved by a dwelling house and ancillary outbuildings clustered in the south-east corner of the lot's southern severance. The majority of the lot is farmed with a mango orchard established over the northern severance. Lot 64 has been developed in a similar manner to Lot 263, with a dwelling and outbuildings clustered in the south-west corner of the lot's southern severance, and mango orchard established over the northern severance. The southern severances of both lots appear to be used to farm a variety of smaller seasonal crops. Shanty Creek meanders through the northern end of both allotments and both allotments contain riparian frontage to Emerald Creek to the south. All surrounding allotments are zoned rural and are used predominately for agriculture/horticulture. A sawmill is established on the northern severance of eastern adjoining Lot 265 on NR6775 which is also split by Gilmore Road.



Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws. BACKGROUND AND CONTEXT / PREVIOUS APPLICATIONS & APPROVALS On 12 August 2010, Planning Far North Pty Ltd, on behalf of G Gambino, lodged an application for Reconfiguring a Lot - Subdivision (2 into 4 Lots) over land described as Lot 263 on NR1920 and Lot 64 on RP835619, Parish of Tinaroo (the land subject to this application) (REC/10/0036). The proposed lot layout was identical to this application, proposing the subdivision of both parcels where currently split by Gilmore Road. Council, at its Ordinary Meeting held on 20 October 2010, resolved to refuse development application REC/10/0036 for the same reasons outlined in Part B of the Officer Recommendation section of this report (Assessment Manager's reasons for refusal). The Decision Notice Refusal was issued on 27 October 2010. On 12 October 2012, Planning Far North Pty Ltd, on behalf of G Gambino, lodged a further application for Reconfiguring a Lot - Subdivision (2 into 4 Lots) over land described as Lot 263 on NR1920 and Lot 64 on RP835619, Parish of Tinaroo (the land subject to this application) (REC/12/0021). Again, the proposed lot layout was identical to that submitted with this development application. Development application REC/12/0021 was required to be referred to the Department of Natural Resources and Mines as a Concurrence Agency as one or both of the subject allotments contained Potential Strategic Cropping Land. An Acknowledgement Notice was issued on 12 November 2012.


The applicants failed to refer the application to the Department within the statutory 20 business day timeframe (s273 of SPA) and did not request any extension to this timeframe. As a result, development application REC/12/0021 lapsed and a Lapsing Notice was issued by Council on 29 May 2013. The Strategic Cropping Land provisions no longer apply to development assessment. DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Reconfiguring a Lot - Subdivision (2 into 4 Lots) in accordance with the plans shown in Attachment 1. A development permit is sought to separate both land parcels where they are currently split by Gilmore Road which bisects both lots generally in an east - west direction. The proposed allotments are as follows:

• Lot 1 - Area of 9.069 hectares, frontage of 281.293 metres to Gilmore Road; • Lot 2 - Area of 31.4 hectares, frontage of 281.293 metres to Gilmore Road; • Lot 3 - Area of 22.94 hectares, frontage of 278.711 metres to Gilmore Road; and • Lot 4 - Area of 14.94 hectares, frontage of 270.108 metres to Gilmore Road

Proposed Lots 2 and 3 will remain vacant and under orchard. Proposed Lots 1 and 4 will contain their respective dwellings and ancillary outbuildings. REGIONAL PLAN DESIGNATION

The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site as containing:

• Wetland Area of General Ecological Significance • Terrestrial Area of General Ecological Significance


RELEVANT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:-

Strategic Framework: Mareeba Dimbulah Irrigation Area

Zone: Rural (GQAL)

Overlays: Natural Disaster - Bushfire Overlay


(a) Far North Queensland Regional Plan 2009-2031 Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:




× The proposed development will result in the further fragmentation of good quality agricultural land and will create an opportunity for two additional dwellings to be constructed within an actively farmed rural area.

Increasing dwelling densities within the rural zone increases the likelihood of land use conflict occurring, especially when appropriate separation distances cannot be achieved. Increasing dwelling densities also increases the difficulty associated with establishing new intensive rural activities or expanding existing intensive rural activities. This is due to the separation distances that must be maintained between the rural use and any nearby dwelling houses. The development conflicts.

2.4.2 Appropriate buffer distances between incompatible uses and agricultural operations on good quality agricultural land are provided through sensitive land use planning in accordance with State Planning Policy 1/92.

× Although SPP1/92 lapsed in December 2012, its principles are still reflected in the Regional Plan and remain relevant to development assessment. Proposed Lots 2 and 3 (north of Gilmore Road), are unimproved and once separately titled, dwelling houses can be developed on either allotment. Considering the width of both proposed allotment, any future dwelling house will struggle to achieve the desired 300 metre separation distance set out in SPP 1/92. Increasing dwelling densities within the rural zone increases the likelihood of land use conflict occurring, especially when appropriate separation distances cannot be achieved. Increasing dwelling densities also increases the difficulty associated with establishing new intensive rural activities or expanding existing intensive rural activities such as poultry farms, feedlots and kennels. The development conflicts.


(b) State Planning Policy The Department of State Development, Infrastructure and Planning has introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. As such, this State Planning Policy is not reflected in the Planning Scheme and is therefore applicable to the assessment of the application. An officer assessment of the proposed development against the provisions contained within the SPP has been undertaken and it is not considered to be in conflict with any relevant aspect of the SPP.

DRO 2.6 Rural Subdivision


2.6.1 Further fragmentation of agricultural land in the regional landscape and rural production area is avoided to maintain economically viable farm lot sizes.

× Despite the repeal of the FNQRP State Planning Regulatory Provisions, the Regional Plan's planning principle to maintain economically viable farm lot sizes remains. The majority of the subject land is identified as Good Quality Agricultural Land (GQAL) by the Planning Scheme's agricultural land quality mapping. The proposed development will result in the creation of four separate allotments with areas ranging from just 9 hectares up to 31 hectares. While it is acknowledged that the subject allotments are somewhat fragmented by Gilmore Road, each allotment has been and is still able to be farmed as one productive unit. The road bisection is not considered to be sufficient planning grounds to justify further fragmentation of agricultural land through the creation of four separate titles. There are numerous instances across the Shire where GQAL is successfully farmed despite being physically separated by road infrastructure. The fact that both of the subject allotments are currently smaller than the Planning Scheme's desired 60 Ha lot size is also not considered to be sufficient planning grounds to justify further fragmentation. A key principle of the lapsed SPP1/92 Development and Conservation of Agricultural Land was:

Cases will arise where local authorities have to consider development proposals on good quality agricultural land. In such instances, a 'key' principle should be whether an overriding need in terms of benefit to the community can be demonstrated for the development at that particular location.

Whilst the subdivision may be of benefit to the applicants, there is not considered to be an overriding need in terms of benefit to the community.


(c) Mareeba Shire Planning Scheme 2004 (amendment no. 01/11) Relevant Development Codes


Part 4, Division 14 Rural Zone Code Part 5, Division 8 Natural Disaster - Bushfire Overlay Code Part 6, Division 12 Reconfiguring a Lot Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application conflicts with several relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below.

Queensland State Planning Policy - July 2014


Natural hazards







Development:






Comment

The proposed development can be conditioned to comply with this aspect of the SPP. Ample space exists within proposed vacant lots 2 and 3 for the siting of a dwelling house an appropriate distance from any hazardous vegetation and outside any identified flood and landslide hazard areas (draft Planning Scheme Mapping)


(e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 4 - Development Manual Should Council approve the application against this officer's recommendation, a condition should be attached to any approval requiring all development works to be designed and constructed in accordance with the FNQROC Development Manual. (f) Additional Trunk Infrastructure Condition - Road Infrastructure (Section 650 of

SPA) The subject land is located outside the identified Priority Infrastructure Area. Section 650 of SPA allows Council to condition additional trunk infrastructure outside the PIA. The application proposes the creation of two (2) additional vacant allotments and will therefore ultimately result in an increase in traffic volumes along the Council controlled Gilmore Road which is currently constructed to less than the required standards. Should Council approve the application against this officer's recommendation, a condition should be attached to any approval requiring the upgrade of a section of Gilmore Road to FNQROC Development Manual standards (length and extent of upgrade to be determined) or alternatively, pay a contribution in lieu of constructing the road infrastructure. REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies.

Relevant Codes Comments

Rural Zone Code The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code apart from the following:

Building Siting, Scale and Amenity - Specific Outcome S2 and Probable Solution PS2.2

Reconfiguring a Lot - Probable Solution PS1.1 & PS1.2

Refer to planning discussion section of report. Natural Disaster - Bushfire Overlay Code

The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code.

Reconfiguring a Lot Code The application can be conditioned to comply with the relevant

acceptable/probable solutions contained within the code.


Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Engineering - Access PLANNING DISCUSSION Agricultural Assessment Accompanying the application was an agricultural assessment of the subject land and development proposal, prepared by John Kilpatrick Agricultural Consultant. The assessment report provided an overview of the soil types and physical characteristics of both allotments and concluded that the proposed reconfiguration would not result in a reduction in the existing or potential agricultural productivity of the Shire. The report did not conclude that the subject land was not GQAL. Based on soil type fact sheets provided with the report, it can be argued that the subject land is not the Shire's best agricultural land (poorer draining); however, this land is far from poor quality. It is evident that the agricultural assessment focused on the subject lands existing physical division by Gilmore Road and did not consider issues such as the loss of GQAL through the creation of increasingly smaller and unviable GQAL allotments (proposed Lots 1 and 4), or the increase in dwelling densities within an actively farmed rural area. The agricultural assessment does not provide Council with any certainty that the proposed reconfiguration will maintain or improve agricultural viability. Conflicts with the overall outcomes for the Rural Zone Code:

(b) where agricultural production and the raising of animals are protected from incompatible land uses;

Comment Proposed Lots 2 and 3 (north of Gilmore Road), are unimproved and once separately titled, dwelling houses can be developed on both allotments. Increasing dwelling densities within the rural zone increases the likelihood of land use conflict occurring, especially when appropriate separation distances cannot be achieved. Increasing dwelling densities also increases the difficulty associated with establishing new intensive rural activities or expanding existing intensive rural activities. This is due to the separation distances that must be maintained between the rural use and any nearby dwelling houses. The proposed development conflicts with overall outcome (b). (c) where good quality agricultural land is protected from fragmentation and

alienation, not developed for purposes other than agriculture and support uses, and is protected from incompatible land uses in accordance with SPP 1/92;


Comment The majority of the subject land is identified as Good Quality Agricultural Land (GQAL) by the Planning Scheme's agricultural land quality mapping. The proposed reconfiguration would further fragment the subject GQAL into four (4) separate titles ranging from just nine (9) hectares up to 31 hectares. While it is acknowledged that the subject allotments are somewhat fragmented by Gilmore Road, each allotment is currently farmed as one productive unit. The presence of the road bisection is not considered to be sufficient planning grounds to justify further fragmentation of agricultural land through the creation of four separate titles. Furthermore, the fact that both of the subject allotments are currently smaller than the Planning Scheme's desired 60 Ha lot size is not considered to be sufficient grounds to support further fragmentation. A key principle of the lapsed SPP1/92 Development and Conservation of Agricultural Land was:


Whilst the subdivision may be of benefit to the applicants, there is not considered to be an overriding need in terms of benefit to the community. Although SPP1/92 lapsed in December 2012, its principles are still reflected in the Regional Plan and Planning Scheme and remain relevant to development assessment. The proposed development will result in the further fragmentation of GQAL and is therefore considered to be in conflict with Overall Outcome (c).

Conflicts with the specific outcomes and probable solutions for the Rural Zone Code: 4.78 Building Siting, Scale and Amenity

S2 Agricultural activities are protected from incompatible land uses.

PS2.2 Non agriculture or agriculture – intensive uses which adjoin any agriculture or agriculture – intensive uses are protected from spray drifts by the maintenance of a separation distance of 300 metres between the agriculture or agriculture – intensive uses and the non-agriculture or agriculture – intensive uses.

Comment Proposed Lots 2 and 3 (north of Gilmore Road), are unimproved and once separately titled, dwelling houses can be developed on either allotment. Considering the width of either proposed allotment, any dwelling house constructed will not achieve the desired 300 metre separation distance from adjoining agricultural activities outlined in PS2.2. Increasing dwelling densities within the rural zone increases the likelihood of land use conflict occurring, especially when appropriate separation distances cannot be


achieved. Increasing dwelling densities also increases the difficulty associated with establishing new intensive rural activities or expanding existing intensive rural activities such as poultry farms, feedlots and kennels. The proposed development will increase the likelihood of agricultural activities being compromised through higher dwelling densities and is therefore considered to be in conflict with S2.

4.80 Reconfiguring a Lot

S1 The viability of the farming industry throughout the Shire and including Good Quality Agricultural Land, and future opportunities for farming pursuits are not compromised. PS1.1 Allotments to have a minimum area of 60 hectares and road frontage of

300 metres within the area identified on Agricultural Land Quality Maps S2, S3, S4, S5; or

PS1.2 Allotments to have a minimum area of 30 hectares and road frontage of

150 metres if outside the area identified on Agricultural Land Quality Maps S2, S3, S4 and S5.

Comment The subject land is identified as GQAL by the Planning Scheme's Land Quality Mapping. The proposed reconfiguration would further fragment the subject land into four (4) separate titles ranging from just nine (9) hectares up to 31 hectares. While it is acknowledged that the subject allotments are somewhat fragmented by Gilmore Road, each allotment is currently farmed as a whole. The presence of the road bisection is not considered to be sufficient planning grounds to justify further fragmentation of the land through the creation of four separate titles. Furthermore, the fact that both subject allotments are currently smaller than the Planning Scheme's desired 60 Hectare lot size is not considered to be sufficient grounds to support further fragmentation. The proposed development will directly impact on the viability of the farming industry throughout the shire and may compromise opportunities for farming pursuits through the fragmentation of GQAL and the increase in dwelling densities as a result. A key principle of the lapsed SPP1/92 Development and Conservation of Agricultural Land was:


Whilst there may be a benefit to the applicants, there is not considered to be an overriding need in terms of benefit to the community. Although SPP1/92 lapsed in


December 2012, its principles are still reflected in the Regional Plan and Planning Scheme and remain relevant to development assessment.

The proposed development conflicts with PS1.1 and Specific Outcome S1.

Other Potential Land Use Conflicts An operational sawmill is established on eastern adjoining Lot 265 on NR6775. Existing dwelling houses on the subject land are sited approximately 800 metres from the sawmill. Should this application be approved, the two additional dwellings likely to result from the creation of the two vacant titles (northern severances) will be sited hundreds of metres closer to the sawmill than existing dwellings, increasing the potential for future land use conflict. Conclusion It is considered that the application significantly conflicts with the relevant provisions and codes of the Mareeba Shire Planning Scheme and the FNQ Regional Plan 2009-2031. Furthermore, there are not sufficient grounds to justify approval despite the evident conflicts. It is therefore recommended that the application be refused. Date Prepared: 1 April 2015


ATTACHMENT 1 APPROVED PLANS (ECM VS# 3651209)


ITEM-3 M & G CRUSHING AND MATERIALS PTY LTD - MATERIAL CHANGE OF USE - EXTRACTIVE INDUSTRY - LOT 1 ON RP708157 - PICKFORD ROAD, BIBOOHRA - DA/14/0032

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 15 April 2015 REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Planning


APPLICANT M & G Crushing and Materials Pty Ltd

ADDRESS Pickford Road, Biboohra

DATE LODGED 22 July 2014 RPD Lot 1 on RP708157 TYPE OF APPROVAL

Development Permit


Material Change of Use - Extractive Industry

FILE NO DA/14/0032 AREA 154.388 hectares LODGED BY M & G Crushing and

Materials Pty Ltd OWNER AJ & IRH Mazgay

PLANNING SCHEME

Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ZONE Rural zone LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS 2 ATTACHMENTS: 1. Proposal Plan/s - Figure 2

2. Department of State Development, Infrastructure and Planning Amended Referral Agency response dated 27 October 2014

3. Submitter letters 4. Applicant's representations on draft conditions

EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is impact assessable and two (2) properly made submissions were received in response to public notification of the application.


It has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and does not conflict with any relevant planning instrument. The key issues of the proposed development are the capacity of Pickford Road to handle the vehicle movements associated with the potential annual haulage of up to 100,000 tonnes of material and management of any impacts on the environment, particularly water quality. The potential impacts have been assessed and conditions are recommended to reduce the level of any impacts to an acceptable level. Draft conditions were provided to the applicant. The applicant objects to the condition requiring the upgrade of approximately two (2) kilometres of Pickford Road to 4.5 metre bitumen sealed standard. A copy of the applicant's response to this draft condition is attached (Attachment 4). The applicant suggests an alternative to upfront upgrading of Pickford Road may be for M & G Crushing and Materials Pty Ltd and Council to develop and enter into a suitable infrastructure agreement for Pickford Road. Changes to the Sustainable Planning Act 2009 mean that Council cannot condition an applicant to enter into an infrastructure agreement. Due to decision making period deadline, the application needs to be considered by Council at the 15 April 2015 meeting. In the event that Council grants conditional approval, the applicant can seek to negotiate the conditions of approval; and to also enter into an infrastructure agreement for the management of impacts on Pickford Road. It is recommended that the application be approved in full with conditions.




Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), concurrence agency conditions in (E), relevant period in (F), further permits in (G), and further approvals from Council listed in (H); And

APPLICATION PREMISES APPLICANT M & G Crushing and

Materials Pty Ltd ADDRESS Pickford Road,

Biboohra DATE LODGED 22 July 2014 RPD Lot 1 on RP708157 TYPE OF APPROVAL

Development Permit


Material Change of Use - Extractive Industry


The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument. (A) APPROVED DEVELOPMENT: Development Permit for Material Change of Use -

Extractive Industry

(B) APPROVED PLANS:

(C) ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a) Development assessable against the Planning Scheme 1. Development must be carried out substantially in accordance with the approved

plans and the facts and circumstances of the use as submitted with the application, subject to any alterations: - found necessary by the Council’s delegated officer at the time of

examination of the engineering plans or during construction of the development because of particular engineering requirements; and

- to ensure compliance with the following conditions of approval.

2. Timing of Effect 2.1 The conditions of the development permit must be complied with to the

satisfaction of Council’s delegated officer prior to the commencement of the use except where specified otherwise in these conditions of approval.

2.2 Prior to the commencement of use, the applicant must notify Council that all the conditions of the development permit have been complied with, except where specified otherwise in these conditions of approval.

3. General 3.1 The development approval would not have been issued if not for the

conditions requiring the construction of infrastructure within the conditions of approval.

3.2 The applicant/developer is responsible for the cost of necessary alterations to existing public utility mains, services or installations required by works in relation to the proposed development or any works required by condition(s) of this approval.

Plan/Document Number

Plan/Document Title Prepared by Dated

Figure 2 Layout and constraints for the proposed Pickford Road sand quarry

NRA September 2014

Project No. 243 Hydrogeological Assessment - Pickford Road Sand Quarry

Rob Lait & Associates 28 August 2014


3.3 All payments or bonds required to be made to the Council pursuant to any condition of this approval must be made prior to commencement of the use and at the rate applicable at the time of payment.

3.4 All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.5 Bushfire Management A Bushfire Management Plan for the extractive industry must be prepared to the satisfaction of Council's delegated officer. The approved use must comply with the requirements of the Management Plan at all times.

3.6 Hours of Operation All operations pursuant to the extractive industry, or in any way connected with the extractive industry will, for site operations and for removal of material, be limited to the hours between 7.00 am and 6.00 pm Mondays to Friday and 7:00am to 12:00 noon Saturdays (except Public Holidays), PROVIDED ALWAYS that the Council will have the right at any time, and from time to time, to fix other hours of operation, and upon the fixing of any such other hours of operation pursuant to the permit, or in any way connected therewith, the extractive industry will be limited to such other hours. The Applicant will not be allowed to conduct nor permit nor suffer to be conducted, any extractive industry operation nor run nor start any motors, machinery, or the like, nor remove any materials from the said land on any Sunday or Public Holiday, or at any time outside the hours mentioned or such other hours as will be fixed by Council.

3.7 The Applicant shall provide Council with records of quantities of material extracted from the site on a monthly basis.

3.8 Submission of a Quarry Management Plan prepared by suitably qualified and experienced person/s to Council's delegated officer for approval prior to any operations commencing. The Quarry Management Plan is to include at least the following details: (i) operational details including:

• hours of operation; • numbers, type and location (if fixed plant) of plant and

machinery; • expected life of pit; • numbers of employees on site and off site; • employee facilities; • operational procedures (including control of noxious weeds and

disposal of pollutants, such as oils, broken machinery, effluent, etc);

• proposals for ongoing environmental monitoring and reporting including any associated operator training;

• heritage contingency plan with respect to potential or actual Aboriginal heritage sites;


• method of recording of material sales and the location where such records are to be kept.

(ii) a scale site plan of the entire proposed extraction site with the

following details: • contours over proposed extraction areas; • location of all operational areas including dimensions and

distances to nearest houses, boundaries and creeks; • proposed land for extraction for the first 5 years of operations

(to be updated annually); • stockpile and overburden storage areas; • internal access tracks; • vehicle storage and refuelling areas; • fuel storage area; • garbage and waste storage areas.

(iii) an Erosion and Sediment Control Plan in accordance with condition 3.13.4.5 of this approval.

(iv) a Rehabilitation Plan in accordance with condition 3.13.6 of this approval.

(v) a Bushfire Management Plan in accordance with condition 3.5 of this approval.

Operations pursuant to the extractive industry must be carried out in accordance with the approved Quarry Management Plan.

3.9 The applicant will be required to take every precaution to avoid spillage and any spillage which occurs on any public road, shall be removed at the end of each working day or within four (4) hours of any verbal requirement by Council's delegated officer.

3.10 The excavation of material will be required to be confined to the extractive industry area, subject to the conditions and requirements of the Council and/or other Authority and all operations will be carried out in such a manner that no erosion occurs in any adjoining or other land outside the extractive industry area. Excavation depth is not to exceed 8 metres.

3.11 The applicant shall ensure that no declared plants are transported from the site during the operation of the extractive industry.

3.12 Flood Immunity Any new buildings must be located such that the freeboard of the floor levels of all habitable rooms are a minimum of 300mm above the 100 ARI year level.

3.13 Prevention of Environmental Harm 3.13.1 Prevent and /or minimise likelihood of environmental harm


3.13.1.1 In carrying out the activity, the applicant must take all reasonable and practicable measures to prevent and/or to minimise the likelihood of environmental harm being caused. Any activity, that, if carried out incompetently, or negligently, may cause environmental harm, in a manner that could have been prevented, shall be carried out in a proper manner in accordance with the conditions of this approval.

3.13.1.2 NOTE: This approval authorises the activity. It does not authorise environmental harm unless a condition contained within this approval explicitly authorises that harm. Where there is no condition or the approval is silent on a matter, the lack of a condition or silence shall not be construed as authorising harm.

3.13.2 Dust Minimisation 3.13.2.1 Stockpiling and all mechanical operations (including

haul road) shall be so located and maintained as to prevent dust, sand or soil blowing onto a road or land that is not being used for the extractive industry.

3.13.2.2 Internal unsealed roadways, quarry floor and stockpiles are to be watered as required to minimise dust generation impacting on the natural or built environment.

3.13.2.3 Stockpiles are not to exceed four (4) metres in height.

3.13.2.4 The applicant must ensure that trucks hauling material are in a condition, which prevents the deposition of material on any sealed public road, prior to leaving the site.

3.13.2.5 The applicant must ensure trucks transporting material from the subject land are covered as soon as practicable after loading to prevent wind blown releases and spillage. The covering must be maintained until unloading the trucks.

3.13.3 Waste Management 3.13.3.1 Solid Waste

All domestic and industrial solid waste shall be removed from the subject land and disposed of at a licensed landfill.

3.12.3.2 Liquid waste No oil, grease or solvents shall be discharged to waters. All waste grease, solvents and oil will be taken off the


subject land for recycling, treatment or disposal at an approved facility.

3.13.4 Water Management 3.13.4.1 Implementation of methods proposed in the

Hydrogeological Assessment by Rob Lait and Associates Pty Ltd. The following specific methods are to be implemented to ensure that the extractive industry will not significantly impact on ground water quality: • Pumped groundwater must be retained within Lot

1 on RP708157 with no additional discharge to Two Mile Creek;

• No infrastructure that can cause groundwater contamination is to be constructed in a corridor that extends 50 metres from Two Mile Creek.

• Bund walls be installed to divert flow to holding storage ponds for pumping back as processing water.

3.13.4.2 Storage and handling of Hazardous Materials All hazardous materials are to be appropriately stored, above the 100 ARI year level and at least 100 metres from Two Mile Creek, so as to prevent environmental damage in case of spillage or contaminated lands. Fuels, oils and lubricants shall be stored in an impermeable permanent bunded area with holding capacity of 110% of the total volume of all containers. Fuel and oil shall be only handled or transferred in designated areas on the site. Plans showing the designated areas and details of bunds and drainage shall be submitted to and approved by the Council and approved works shall be carried out before any such handling or transfer area is used.

3.13.4.3 Any wash waters must be directed to a sediment basin. This basin must be maintained in condition which will ensure that all wash waters are contained within its banks. Any erosion caused by the escape of wash waters must be managed immediately to prevent the creation of a wash out.

3.13.4.4 Sediment Retention


(a) Where a sediment basin is to be installed it must be constructed and maintained to contain all run off. The size of the sediment basin must be sufficient to contain the run-off expected from a 24 hour storm with an average recurrence interval of 1 in 5 years.

(b) The sediment basin must be emptied of sediment as necessary to maintain the design capacity.

(c) Any sediment removed from a retention pond must be stored in a manner, which will prevent it from entering a watercourse.

3.13.4.5 Sediment and Erosion Control Plan A Sediment and Erosion Control Plan is to be prepared by a suitably qualified and experienced person to the satisfaction of Council delegated officer. The plan is to detail: • proposed erosion and sediment control strategies

to be incorporated in the operation; • design plans for drainage structures and

sedimentation dams. Sediment dams must be designed for a minimum of a 1 in 5 year, 24 hour storm event;

• maintenance schedules; • measures for the diversion of clean water around

the quarry site; • any proposed reuse of water from sedimentation

basins; • location of all drainage lines and waterways; • event based water quality monitoring program

incorporated to assess the adequacy of sedimentation dams and compliance with design criteria.

No physical work is to be undertaken under this approval prior to the written endorsement of the plan by the Council's delegated officer. All operations are to be undertaken in compliance with the endorsed Sediment and Erosion Control Plan.

3.13.5 Stormwater management (a) Stormwater shall be diverted away from contaminated

areas. Contaminants must not be directly or indirectly released from the subject land to any waters or the bed and banks of any waters. Stormwater silt traps shall be installed to prevent material entering watercourses or stormwater drains.


(b) There must be no release of stormwater runoff that has been in contact with any contaminants at the site to any waters, watercourses or stormwater drains. The applicant must prevent the release of sediment to waters or a build up of sediment in any stormwater drain. Storm water shall be managed in a manner, which will prevent erosion.

3.13.6 Rehabilitation A Site Rehabilitation Management Plan is to be prepared by a suitably qualified and experienced person detailing the timing/staging of vegetation removal, method of removal and the sequence of operations and rehabilitation works. Site rehabilitation works must be provided in a progressive manner in accordance with extraction sequences and staging. The method of rehabilitation needs to be detailed with appropriate revegetation strategies indicated including the species list to be used including plant source. The plan is to be submitted to Council and operations are not to commence prior to receipt of Council’s approval of the plan. All site rehabilitation is to occur in accordance with the approved Site Rehabilitation Management Plan.

4. Infrastructure Services and Standards 4.1 Access A Commercial access crossover, for the extractive industry access, must be constructed (from the edge of the sealed road pavement (required under Condition 4.2) to the property boundary of the subject lot) in accordance with the FNQROC Development Manual, to the satisfaction of Council’s delegated officer. The access culvert needs to be replaced with a 600 diameter reinforced concrete pipe and 15 metre radius splays need to be provided on the access. In addition, the grassed drain and nature strip along the boundary of the property with Pickford Road needs to be slashed for the length of the property boundary The applicant/developer is to make an application for driveway access onto a Council road. The application is to be accompanied by the relevant fee and will be required to certify or be assessed for compliance by Council's delegated officer.

4.2 Roadworks – External Construction

Pickford Road, between the access into the extractive industry on Lot 1 on RP708157 and Lot 286 on NR7455, must be upgraded/constructed to Rural Road (less than 100vpd with 4.5 metre bitumen seal) standard in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer.


Prior to works commencing, plans for the works described above must be approved as part of an Operational Works application.

(D) ASSESSMENT MANAGER’S ADVICE (a) A number of other charges or payments may be payable as conditions of

approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

(b) Compliance with applicable codes/policies The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval.

(c) Environmental Protection and Biodiversity Conservation Act 1999 The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.environment.gov.au.

(d) Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.datsima.qld.gov.au.

(e) Transportation of Soil All soil transported to or from the site must be covered to prevent dust or spillage during transport. If soil is tracked or spilt onto the road pavements as a result of works on the subject site, it must be removed prior to the end of the working day and within four (4) hours of a request from a Council Officer.

(E) CONCURRENCE AGENCY CONDITIONS

Department of State Development, Infrastructure and Planning conditions dated 27 October 2014.

(F) RELEVANT PERIOD When approval lapses if development not started (s.341)

• Material Change of Use – four (4) years (starting the day the approval takes effect);


(G) OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

• Development Permit for Operational Works

(H) OTHER APPROVALS REQUIRED FROM COUNCIL

• Access approval arising from condition number 4.1 (Please contact Council’s Urban & Regional Planning Group to obtain application form and applicable fee)"

THE SITE

The subject land is described as Lot 1 on RP708157, Parish of Formartine, situated on Pickford Road, Biboohra. Lot 1 on RP708158 is located approximately seven (7) kilometres north-north-west of Mareeba and two (2) kilometres west of Biboohra. The land has an area of 154.388 hectares with a frontage of approximately 960 metres to Pickford Road. Access to the land is obtained directly off Pickford Road via an existing farm access which is located approximately 200 metres west of Two Mile Creek. The section of Pickford Road between the subject land and the Mulligan Highway is predominantly a gravel formation with an approximate width of six (6) metres. Small lengths of bitumen seal exist on the approaches to the single lane concrete bridge across Two Mile Creek and, for the first 160 metres of Pickford Road. The site is flat, reasonably regular in shape and has been extensively cleared to accommodate past farming activities. Only limited sections of remnant vegetation (Least Concern and Of Concern) remain along the southern boundary and immediately adjacent to Two Mile Creek, which meanders along the lands eastern boundary. The subject site is currently used for agricultural purposes with an estimated 80 hectares of land planted with sugar cane and a further 40 plus hectares to be planted with sugar cane in the coming months. Structural improvements are limited to a large farm shed which is sited in the north-eastern corner. Surface water from the site drains east towards Two Mile Creek. The southern portion of the subject land is prone to waterlogging during the wet season, due to a shallow water table. An extensive network of farm drains extend along the southern boundary, western boundary and east-west through the centre of the farm. A farm dam sited adjacent to Two Mile Creek collects water from the east-west drain allowing its re-use for farm irrigation. The subject land and all adjoining land is zoned Rural under the Mareeba Shire Planning Scheme 2004. Surrounding lots are typically large rural holdings used for a variety of rural purposes including agriculture and grazing. The land situated immediately to the west of the subject land has an approved extractive industry. The land adjoining the southern boundary has historically been used for extractive industry purposes. The closest dwelling house to the extraction area is approximately 250 metres south on adjoining Lot 5 on RP708157 (Note: During the site inspection, a small "shack" was noted on the northern boundary of this southern allotment, however no record has been found of any building approval. Based on aerial imagery, this structure was erected between 2002 and 2011. The next closest dwelling house is approximately 500 metres north-west of the extraction area.


A dwelling house approved for bed and breakfast accommodation is located approximately 1.1 kilometres north of the extraction area on the opposite side of Pickford Road. The Mareeba Wetlands are located at the western end of Pickford Road, approximately two (2) kilometres from the subject land. BACKGROUND AND CONTEXT Nil PREVIOUS APPLICATIONS & APPROVALS Nil DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Extractive Industry in accordance with the plans shown in Attachment 1. The applicant proposes to extract a maximum of 100,000 tonnes of sand per year from a total area of approximately 30 hectares. The proposed extraction area has been positioned to avoid impacts on environmental values in particular regional ecosystems, wetlands, watercourses and areas previously mapped as strategic cropping land. Sugar cane cropping will continue over the balance of the site. An outline of the extraction process is provided below: • Extraction

Excavation of up to 100,000 tonnes of material per annum using diesel excavator and/or loader. The quarry is intended to operate on an as required basis. No drilling or blasting of material is needed. The total extraction area is approximately 30 hectares consisting of 12 x 2.5 hectare stages. The maximum excavation depth at any point will not exceed eight (8) metres. Extraction is intended to commence in the south-western corner with the resultant void becoming the sediment control for the ongoing extraction operation. Topsoil will be stripped and placed in bunds along the southern boundary of the extraction area. Due to the high water table in this locality, it is probable that water will need to be pumped from the active extraction area to gain access to the resource. This water is to be reused on site for dust suppression and agricultural use where suitable.

• Screening Screening and washing of material will occur adjacent to the extraction area. Water will be used for dust suppression if needed.

• Stockpiling Stockpiling of material is proposed at the front of the subject land, adjacent to Pickford Road. The proposed internal haul road will generally follow an existing internal track. The applicant indicates that the siting of the stockpile in this location is intended to remove the need for haulage trucks to drive into the land. Given the propensity of the rear of the subject land to become water logged, there may be times when trucks are


unable to access the rear of the site. stockpile height will be kept to a maximum of four (4) metres.

• Rehabilitation Stabilisation and rehabilitation of disturbed areas is to occur in stages to minimise the disturbance to land. The end land use is proposed to be seasonal wetlands, with water available for agricultural purposes and native fauna habitat.

A Quarry Development Plan and an Erosion and Sediment Control Plan will be prepared and implemented for the site. The following water quality control measures are proposed: - Staging of extraction works to occur in drier months - Minimising disturbed areas - Installing upslope water diversions, where required - Installing whoa boys/rollover cross banks to reduce flow velocities on tracks - Installing sediment fence/bund walls downslope of topsoil and subsoil stockpiles - Installing sediment traps to remove sediment from stormwater run-off prior to

discharge from site - Using extraction area to collect run-off water - Progressively rehabilitating disturbed areas - Storing fuel in appropriately bunded areas - Refuelling equipment and plant at least 100 m away from drainage lines. Plant and equipment is to be regularly maintained to minimise fluid leaks, exhaust and noise emissions. Internal speeds will be controlled to limit noise, dust emissions and maintain safety. Less than 10,000 litres of diesel will be stored on site for operation of plant and equipment. The fuel storage will be located in a bunded area, a minimum of 100 metres from any drainage line and an appropriate spill kit will be on site. No waste material is to be buried or disposed of on site. All wastes will be disposed of off site at an appropriately licenced facility. The proposed hours of operation have been modified from those described in the original application documentation, in response to Council's information request. The modified hours of operation are 7:00am to 6:00pm Monday to Friday, and 7:00am to 12:00pm Saturday. No operations will occur on Sunday or public holidays. Three (3) people are expected to be employed on site. REGIONAL PLAN DESIGNATION

The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site is:

• Terrestrial Area of General Ecologic Significance • Wetland Area of General Ecological Significance



Planning Scheme Definitions The proposed use is defined as:-

Extractive industry means any industry involving and consisting of the extraction or quarrying of sand, gravel, rock, soil, stone and the like from the land. The term includes the primary treatment and storage of such material when carried out on the same site as the use. The term does not include: (a) the removal of material outlined in Chapter 11 Part 2, Section 656 of the Local

Government Act, as amended;

(b) a mine as defined in the Mineral resources Act;

(c) the removal of material with or as a consequence of:

(i) an approval to subdivide land and to open a new road in accordance with that approval;

(ii) an approval in accordance with the Building Act, where such works comply with that approval;

(iii) works associated with farming practices where the amount of material extracted does not exceed 200 cubic metres per annum.

RELEVANT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:- (a) Far North Queensland Regional Plan 2009-2031 Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

Strategic Framework designation: Mareeba Dimbulah Irrigation Area

Zone: Rural zone

Overlays Natural Disaster Bushfire Overlay Natural & Cultural Heritage Features Overlay Airport & Aviation Facilities Overlay


DRO 1.1 Biodiversity Conservation


1.1.1 Urban development within the regional landscape and rural production area is located outside of areas of high ecological significance (see map 3).

n/a Not applicable. Under the FNQ Regional Plan, extractive industry (including crushing and screening of extracted materials) is considered to be a primary industry. The proposed development is not urban development.


DRO 1.3 Air and Acoustic Environment Protection


1.3.2 Development that generates emissions must be adequately separated or planned, designed, constructed and operated to ensure the impacts of air and noise emissions on sensitive land uses meets the objectives of the Environmental Protection (Air) Policy and the Environmental Protection (Noise) Policy.

The closest dwelling house to the extraction area is approximately 250 metres south on adjoining Lot 5 on RP708157. The next closest dwelling house is approximately 500 metres north-west of the extraction area. The prevailing wind direction is away from the closest dwelling house. Stripped topsoil/subsoil will be placed in a mound along the southern edge of the extraction area providing a further buffer to the closest dwelling house. No blasting or drilling is needed to extract the sand resource. Plant and equipment will be regularly maintained to minimise noise emissions. The proposed hours of operation are 7:00am to 6:00pm Monday to Friday, and 7:00am to 12:00pm Saturday. No operations will occur on Sunday or public holidays. Water will be used for dust suppression as needed. The proposal is also an environmentally relevant activity (ERA) administered by the Department of Environment and Heritage Protection. DEHP's standard conditions for the ERA require it to be undertaken in an environmentally responsible manner, including the control of noise and air (dust) emissions.





n/a Not applicable. Under the FNQ Regional Plan, extractive industry (including crushing and screening of extracted materials) is considered to be a primary industry. The proposed development is not urban development.


DRO 2.5 Extractive Industries and Mineral Resources


2.5.1 Key resource areas and associated transport infrastructure are protected in accordance with State Planning Policy 2/07.

n/a Although the application seeks to establish a new extractive industry, the subject land is not within a Key Resource Area and this policy provision is therefore not applicable.

2.5.2 Extractive industries avoid loss or degradation of environmental values. Where loss cannot be avoided, impacts are minimised and mitigated.

The proposed extraction area has been previously cleared (between 1995 and 1997) and ploughed for sugar cane production. The proposed development will not lead to a further loss of natural vegetation. An erosion and sediment control plan will be implemented to minimise impacts on soil and water. Progressive rehabilitation is intended to minimise the area of disturbed land at any one time. Measures will be implemented to divert stormwater around the extraction area and to capture internal water and direct into a sediment dam. Water will be used for dust suppression as needed. Less than 10,000 litres of diesel will be stored on site for operation of plant and equipment. The fuel storage will be located in a bunded area, a minimum of 100 metres from any drainage line and an appropriate spill kit will be on site. Plant and equipment regularly maintained to minimise fluid leaks, exhaust and noise emissions. No waste material shall be buried or disposed of on site. All wastes will be disposed of off-site at an appropriately licenced facility. There is nothing to suggest that the proposed development could not be operated in a manner to prevent pollution, contamination, degradation or the like.

2.5.3 Where extractive resources are removed from agricultural areas, the impacts of extractive activities on primary industries should be minimised and locations rehabilitated where appropriate for agricultural use.

Extraction and rehabilitation is to occur in stages to minimise the disturbance to land. The end land use is proposed to be seasonal wetlands, with water available for native fauna habitat and re-use in the agricultural cropping operation occurring over the northern portion of the subject land.


DRO 5.1 Economic Growth and Diversification


5.1.7 Economic activities with a direct connection to the rural, natural or resource value of the surrounding area are encouraged in regional landscape and rural production areas, provided they do not include permanent residential development and are of an appropriate scale.

The proposed development does not include any residential component. The scale of the development is not considered inappropriate based on the size of the resource and the area of the subject land.

DRO 5.2 Industry and Business Development


5.2.1 Future mining and extractive industries and associated processing operations are protected from conflicting land use and supported by appropriate infrastructure.

The subject land and surrounding properties are zoned Rural under the Mareeba Shire Planning Scheme 2004. The locality is not intended for future residential development. Extractive industries and agriculture are not considered to be incompatible development.


(b) State Planning Policy The Department of State Development, Infrastructure and Planning has introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. As such, this State Planning Policy is not reflected in the Planning Scheme and is therefore applicable to the assessment of the application.

DRO 7.1 Protection of Waterways, Wetlands and Water Quality


7.1.1 Development is planned, designed, constructed and managed in accordance with best practice environmental management to protect environmental values and meet water quality objectives of the Environmental Protection Policy (Water) 1997 (EPP Water) for regional surface water, groundwater and wetlands.

Surface water from the site drains east towards Two Mile Creek, which is located approximately 300 metres from the extraction area. A Matter of State Ecological Significance (MSES) wetland area is located at least 150 metres west of the proposed extraction areas. An erosion and sediment control plan will be implemented to minimise impacts on soil and water. Progressive rehabilitation is intended to minimise the area of disturbed land at any one time. Measures will be implemented to divert stormwater around the extraction area and to capture internal water and direct into a sediment dam. Less than 10,000 litres of diesel will be stored on site for operation of plant and equipment. The fuel storage will be located in a bunded area, a minimum of 100 metres from any drainage line and an appropriate spill kit will be on site. Plant and equipment regularly maintained to minimise fluid leaks. No waste material shall be buried or disposed of on site. All wastes will be disposed of off-site at an appropriately licenced facility. The proposal is also an environmentally relevant activity (ERA) administered by the Department of Environment and Heritage Protection. DEHP's standard conditions for the ERA require it to be undertaken in an environmentally responsible manner, including any water emissions.


An officer assessment of the proposed development against the provisions contained within the SPP has been undertaken and it is not considered to be in conflict with any relevant aspect of the SPP.

Queensland State Planning Policy


Mining and extractive resources

For extractive resources

(1) a development application for:

(a) reconfiguring a lot within a KRA, or

(b) a material change of use within the resource/ processing area of a KRA or the separation area for the resource/processing area of a KRA, or

(c) a material change of use within the transport route separation area of a KRA that will result in an increase in the number of people living in the transport route separation area, and

(2) requirements of (1) above do not apply to the assessment of a material change of use for a:

(a) dwelling house on an existing lot, or

(b) home-based business (where not employing more than two non-resident people on a full-time equivalent basis), or

(c) caretaker’s accommodation (associated with an extractive industry), or

(d) animal husbandry, or

(e) cropping.

N/A (1) the development ensures that:

(a) for development within a resource/processing area for a KRA – the undertaking of an existing or future extractive industry development is not significantly impeded, and

(b) sensitive land uses are avoided within the separation area for a resource/processing area of a KRA, and

(c) for development within the transport route separation area of a KRA – the number of residents adversely affected by noise, dust and vibration generated by the haulage of extractive materials along the route does not increase, and

(d) for development adjacent to the transport route – the safe and efficient use of the transport route by vehicles transporting extractive resources is not adversely affected.

Comment

Not applicable. Whilst the application seeks approval for an extractive industry, the subject land is not within an identified Key Resource Area (KRA), nor does it impact on a KRA transport route.


Biodiversity

A development application where the land relates to a matter of state environmental significance, if the application is for:

(a) operational work, or

(b) a material change of use other than for a dwelling house, or

(c) reconfiguring a lot that results in more than six lots or lots less than five hectares.

x Development:

(1) identifies any potential significant adverse environmental impacts on matters of state environmental significance, and

(2) manages the significant adverse environmental impacts on matters of state environment significance by, in order of priority:

(a) avoiding significant adverse environmental impacts, and

(b) mitigating significant adverse environmental impacts where these cannot be avoided, and

(c) where applicable, offsetting any residual adverse impacts.

Comment

The eastern-most edge of the subject land is mapped as containing the following categories of MSES: • High Ecological Significance Wetlands • Regulated vegetation • Regulated Vegetation (intersecting a watercourse) That part of the subject land proposed for extraction operations does not contain any mapped areas of MSES. The mapped MSES wetland areas are at least 150 metres west of the proposed extraction areas.

Water quality

Receiving waters - a development application for any of the following:

(1) a material change of use for urban purposes that involves a land area greater than 2500 square metres that:

(a) will result in an impervious area greater than 25 per cent of the net developable area, or

(b) will result in six or more dwellings, or

(2) reconfiguring a lot for urban purposes that involves a land area greater than 2500 square metres and will result in six or more lots, or

(3) operational works for urban purposes that involve disturbing more than 2500 square metres of land.

N/A Receiving waters

Development:

(1) avoids or otherwise minimises adverse impacts on the environmental values of receiving waters, arising from:

(a) altered stormwater quality or flow, and

(b) wastewater (other than contaminated stormwater and sewage), and

(c) the creation or expansion of non-tidal artificial waterways, and

(2) complies with the SPP code: Water quality (Appendix 2).

Comment

Not applicable. Development for extractive industry purposes is not considered to be an urban purpose. Notwithstanding, an Erosion and Sediment Control Plan will be developed and implemented.


(c) Mareeba Shire Planning Scheme 2004 (amendment no. 01/11) Relevant Desired Environmental Outcomes

DEO Complies Comments

(a) Significant natural features such as the dense tropical rainforest adjoining the Wet Tropics area, the savannahs, the major river systems, wetlands and wildlife corridors, areas identified in the Areas of Regional significance for the Conservation of Biodiversity under the FNQ Regional Plan are protected.

The eastern-most edge of the subject land is mapped as containing the following Matters of State Environmental Significance (MSES): • High Ecological Significance

Wetlands • Regulated vegetation • Regulated Vegetation

(intersecting a watercourse) That part of the subject land proposed for extraction operations

Natural hazards







Development:






Comment

The flood hazard mapping of the draft TRC planning scheme does not indicate that the subject land is located within a flood hazard area. The Mareeba Shire Planning Scheme 2004 maps the entirety of the subject land as a medium bushfire hazard area. The risks associated with the bushfire hazard can be mitigated through appropriate conditioning of the development. The subject land is not mapped as including any land with a slope of 15% or greater.


does not contain any mapped areas of MSES. The mapped MSES wetland areas are at least 150 metres west of the proposed extraction areas. Small sections of remnant vegetation (Least Concern and Of Concern) are found along the southern and eastern boundaries of the subject land. The proposed extraction area will be located to avoid the "Least Concern" vegetation and a 150 metre separation distance will be maintained to the "Of Concern" vegetation. Conservation significant flora and fauna can be found within 10 kilometres of the subject land, however the already disturbed (by previous farming) nature of the proposed extraction area means that it is unlikely that it would provide significant habitat for this flora and fauna. The proposed development is unlikely to reduce the essential habitat. Surface water from the site drains east towards Two Mile Creek, which is located approximately 300 metres from the extraction area. Stormwater runoff will not be directly released to waterways. An erosion and sediment control plan will be implemented to minimise impacts on soil and water. Progressive rehabilitation is intended to minimise the area of disturbed land at any one time. All proposed extraction activities will be sited to avoid impacts on environmental values in particular regional ecosystems, wetlands, watercourses. The proposed development is not considered to be a threat to any significant natural features.

(c) Adverse effects from development on the natural environment are minimised with respect to the loss of natural vegetation, soil degradation, air and water pollution due to erosion, dust and chemical contamination, dispersal of pollutants,

The proposed extraction area has been previously cleared (between 1995 and 1997) and ploughed for sugar cane production. The proposed development will not lead to a further loss of natural


effluent disposal and the like.

vegetation. An erosion and sediment control plan will be implemented to minimise impacts on soil and water. Progressive rehabilitation is intended to minimise the area of disturbed land at any one time. Measures will be implemented to divert stormwater around the extraction area and to capture internal water and direct into a sediment dam. Water will be used for dust suppression as needed. Less than 10,000 litres of diesel will be stored on site for operation of plant and equipment. The fuel storage will be located in a bunded area, a minimum of 100 metres from any drainage line and an appropriate spill kit will be on site. Plant and equipment regularly maintained to minimise fluid leaks, exhaust and noise emissions. No waste material shall be buried or disposed of on site. All wastes will be disposed of off-site at an appropriately licenced facility. There is nothing to suggest that the proposed development could not be operated in a manner to prevent pollution, contamination, degradation or the like.

(d) Good quality agricultural land is conserved and protected from fragmentation and alienation.

The Mareeba Shire Planning Scheme 2004 categorises the subject land as good quality agricultural land. The State government's former Strategic Cropping Land Act categorised the northern portion of the subject land as potential strategic cropping land. The proposed extraction area was not mapped as potential strategic cropping land. The Queensland Agricultural Land Audit - Potential Sugar Cane does not identify the proposed extraction area as having suitability for sugar cane. The Agricultural Land Classification


mapping of the Queensland State Planning Policy does not include the proposed extraction area within the Class A or B category. The State planning instruments/land quality audits outlined above are considered to provide a more contemporary assessment of the proposed extraction areas agricultural suitability. Based on these State instruments, it is reasonable to accept that the proposed extraction area is not good quality agricultural land. Some of the void created by the extraction of material is intended for future water storage which may be used to irrigate agricultural production on the northern portion of the subject land.

(e) Agricultural and forestry resources, mining, extractive activity in the rural sector are encouraged, facilitated and protected.

The application proposes the establishment of a new extractive industry within the Rural zone. The development is consistent with the outcome sought by this DEO.

(i) The efficient use, extension and safe operation of infrastructure are maximised, including roads, rail, aerodromes, water and sewerage systems.

/×

Needs to be

conditioned to comply.

The proposed development will not adversely impact on rail, air, water or sewerage infrastructure. The development will be conditioned to upgrade access into the subject land off Pickford Road. Pickford Road will provide access between the subject land and the Mulligan Highway. The road haulage impacts of the proposed extractive industry were considered by Council's Director Infrastructure Services, Manager Works, Manager Technical Services and Senior Planner. The 2.3 kilometre section of Pickford Road between the subject land and the Mulligan Highway is predominantly a gravel formation with an approximate width of 6 metres. Small lengths of bitumen seal exist on the approaches to the single lane concrete bridge across Two Mile Creek and, for the first 160 metres of Pickford Road.


The development application seeks approval for the extraction of up to 100,000 tonnes of material per annum. Based on 300 operating days per year and 25 tonnes per truck, this equates to approximately 28 (14 trucks to and from the site) truck movements per day. The applicant was requested to provide a traffic assessment including the physical condition of the existing road and bridge on the proposed haul route. The applicant engaged Erscon Consulting Engineers to undertake the traffic assessment. The assessment assumes that 20,000 tonnes of material would be extracted per annum resulting in just 6 (2.667 trucks to and from the site) truck movements per day. The assessment fails to address the standard and capacity of Pickford Road to handle the impact associated with the haulage of 100,000 tonnes of material per year. Council cannot assume that the applicant will only ever extract one fifth of the approved annual extraction quantity. In assessing the road impacts, Council needs to consider the impact of the haulage of the entire 100,000 tonnes (28 truck movements per day). Council officers consider that the additional 28 daily truck movement, plus 8 staff/service vehicle movements will have a significant detrimental impact on the condition of Pickford Road over the expected life of this quarry. Based on the 30 hectare area and potential extraction depth, extractive operations could extend well beyond ten (10) years. The heavy vehicle movements generated by this development will adversely impact on the road condition and this will significantly impact on other road users, Council's road maintenance costs and may lead to further dust nuisance complaints from the residents of Lot 1 on NR7742. Council officers consider that the


development should be conditioned to require Pickford Road to be upgraded to the minimum FNQROC Regional Development Manual rural road standard of 8 metre formation, 5.5 metre gravel pavement and 4.5 metre bitumen seal from the Mulligan Highway to the entrance into the proposed quarry. Condition 4.2 of the draft officer's recommendation has been prepared accordingly.

(j) Threats to public safety and health associated with the natural and built environments, including flooding in the catchments of the Barron River and Mitchell River are minimised.

The flood hazard mapping of the draft TRC planning scheme does not indicate that the subject land is located within a flood hazard area. The proposed use does not include a residential component and extractive industry workers can be kept away from the subject land in the event of a significant flood event impacting the area.

(q) The establishment of new industries such as value adding agricultural industries as well as ecotourism and tradeable services beyond agriculture.

The application proposes the establishment of a new extractive industry within the Rural zone. The applicant indicates that the growing of sugar cane is intended to occur over the northern half of the subject land adjacent to the Pickford Road frontage. The development is consistent with the outcome sought by this DEO.


The closest dwelling house to the extraction area is approximately 250 metres south on adjoining Lot 5 on RP708157. The next closest dwelling house is approximately 500 metres north-west of the extraction area. The prevailing wind direction is away from the closest dwelling house. Stripped topsoil/subsoil will be placed in a mound along the southern edge of the extraction area providing a further buffer to the closest dwelling house. No blasting or drilling is needed to extract the sand resource. Plant and equipment will be regularly maintained to minimise noise emissions.


The proposed hours of operation are 7:00am to 6:00pm Monday to Friday, and 7:00am to 12:00pm Saturday. No operations will occur on Sunday or public holidays. The proposal is also an environmentally relevant activity (ERA). DEHP's standard conditions for the ERA require it to be undertaken in an environmentally responsible manner, including the control of noise emissions.

(t) The protection of existing heavy vehicle routes as shown on Maps R1 and R2 and existing and proposed extraction haulage routes from incompatible land use.

Pickford Road is identified on Planning Scheme Map R2 as a heavy vehicle route. The proposed development will make use of this haulage route.

Relevant Development Codes


Part 4, Division 14 Rural Zone Code Part 5, Division 2 Natural and Cultural Heritage Features Overlay Code Part 5, Division 8 Natural Disaster - Bushfire Overlay Code Part 6, Division 8 Extractive Industry Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval.


(e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 4 - Development Manual All development works (Pickford Road and property access upgrades) will be conditioned to comply with the FNQROC Development Manual. (f) Additional Payment Condition The subject land is located outside the identified Priority Infrastructure Area. Section 650 of SPA allows Council to condition additional trunk infrastructure outside the PIA. A staged upgrading of Pickford Road has been proposed by Council officers and is included in the officers recommendation as Condition 4.2. Due to the proposal for the applicant to undertake these works, an additional payment condition is not warranted. REFERRALS Concurrence The application triggered referral to Department of State Development, Infrastructure and Planning as a Concurrence Agency for development impacting on State transport infrastructure. The Department of State Development, Infrastructure and Planning has assessed the proposed development's predicted impact on the intersection of Pickford Road and the Mulligan Highway. Based on the findings of the Traffic Assessment undertaken by Erscon

Relevant Codes Comments Rural Zone Code The application complies with applicable acceptable/probable

solutions/performance criteria, subject to the staged upgrading of Pickford Road to a bitumen sealed standard.

The staged upgrading of Pickford Road has been conditioned (Condition 4.2).

Natural and Cultural Heritage Features Overlay Code

The application complies with applicable acceptable/probable solutions/performance criteria.

Natural Disaster Bushfire Overlay Code The application complies with applicable acceptable/probable

solutions/performance criteria. Extractive Industry Code The application complies with applicable acceptable/probable

solutions/performance criteria, subject to the staged upgrading of Pickford Road to a bitumen sealed standard.

The staged upgrading of Pickford Road has been conditioned (Condition 4.2).


Consulting Engineers, the Department is satisfied that no works are required to this intersection. That Department advised in a letter dated 27 October 2014 that they require the conditions to be attached to any approval (Attachment 2). Advice This application did not trigger referral to any Advice Agencies. Internal Consultation The road haulage impacts of the proposed extractive industry were considered by Council's Director Infrastructure Services, Manager Works, Manager Technical Services, Civil Engineer and Senior Planner. The 2.3 kilometre section of Pickford Road between the subject land and the Mulligan Highway is predominantly a gravel formation with an approximate width of six (6) metres. Small lengths of bitumen seal exist on the approaches to the single lane concrete bridge across Two Mile Creek and, for the first 160 metres of Pickford Road. The development application seeks approval for the extraction of up to 100,000 tonnes of material per annum. Based on 300 operating days per year and 25 tonnes per truck, this equates to approximately 28 (14 trucks to and from the site) truck movements per day. The applicant was requested to provide a traffic assessment including the physical condition of the existing road and bridge on the proposed haul route. The applicant engaged Erscon Consulting Engineers to undertake the traffic assessment. The assessment assumes that 20,000 tonnes of material would be extracted per annum resulting in just 6 (2.667 trucks to and from the site) truck movements per day. The assessment fails to address the standard and capacity of Pickford Road to handle the impact associated with the haulage of 100,000 tonnes of material per year. Council cannot assume that the applicant will only ever extract one fifth of the approved annual extraction quantity. In assessing the road impacts, Council needs to consider the impact of the haulage of the entire 100,000 tonnes (28 truck movements per day). Council officers consider that the additional 28 daily truck movements, plus eight (8) staff/service vehicle movements will have a significant detrimental impact on the condition of Pickford Road over the expected life of this quarry. Based on the 30 hectare area and potential extraction depth, extractive operations could extend well beyond 10 years. The heavy vehicle movements generated by this development will adversely impact on the road condition and this will significantly impact on other road users, Council's road maintenance costs and may lead to further dust nuisance complaints from the residents of Lot 1 on NR7742. Council officers consider that the development should be conditioned to require Pickford Road to be upgraded to the minimum FNQROC Regional Development Manual rural road standard of eight (8) metre formation, 5.5 metre gravel pavement and 4.5 metre bitumen seal from the Mulligan Highway to the entrance into the proposed quarry. The existing property access needs to be upgraded to FNQROC standards for a commercial rural access off a sealed road. The access culvert needs to be replaced with a 600 diameter


reinforced concrete pipe and 15 metre radius splays need to be provided on the access. In addition, the grassed drain and nature strip along the boundary of the property with Pickford Road needs to be slashed for the length of the property boundary. Conditions 4.1 and 4.2 of the draft officers recommendation have been prepared accordingly. PUBLIC NOTIFICATION The development proposal was placed on public notification from 10 December 2014 to 14 January 2015. The applicant submitted the notice of compliance on 20 January 2015, advising that the public notification requirements were carried out in accordance with the requirements of the Act. Two (2) properly made submissions were received and both of those objected to the proposed development. The grounds for objection/support are summarised and commented on below:

Grounds for objection /support Comment The recent agricultural use (sugar cane planting) on the northern portion of the subject land has created a dust nuisance. Extractive industry will also create dust nuisance.

The dust created by the farming activities is not relevant to the consideration of this development application.

There is some potential for dust to be created by the extractive industry operations, including haulage of material.

The applicant proposes to water the working areas as required to minimise dust. The sandy nature of the material being extracted and the screening/washing method is unlikely to generate significant dust.

The submitters dwelling house is approximately 1 kilometre from the extraction area and approximately 980 metres east/south-east of the stockpile area and haul road.

The available separation and the watering of working areas is considered reasonable to prevent a dust nuisance.


Stockpile location in the north eastern corner will create dust and noise nuisance.

The closest dwelling house to the proposed stockpile area is over 800 metres to the east. The prevailing winds are south-easterly.

The stockpile heights will be a maximum of four (4) metres. The working areas will be watered to prevent dust nuisance.

Unlike the farm paddock which contains a very high amount of fine material, the processed sand material is relatively clean. The propensity of the stockpiled sand to be carried away as dust is much less than that of the paddock soil.

Hours of Operation should not include Sundays.

The application originally included operations seven days a week.

In response to Council's information request, the hours of operation have been amended to 7:00am to 6:00pm Monday to Friday, and 7:00am to 12:00pm Saturday.

No operations will occur on Sunday or public holidays.

Haulage impacts on Pickford Road will damage road, approaches to Two Mile Creek Bridge and possibly bridge itself.

Agreed. The existing condition of Pickford Road is inadequate to handle the heavy vehicle traffic associated with the haulage of up to 100,000 tonnes of material per annum.

As previously discussed in this report, Council officers consider that the development should be conditioned to require Pickford Road to be upgraded to the minimum FNQROC Regional Development Manual rural road standard of 8 metre formation, 5.5 metre gravel pavement and 4.5 metre bitumen seal from the Mulligan Highway to the entrance into the proposed quarry.

Condition 4.2 of the draft officers recommendation has been prepared accordingly.


Impact on groundwater. May cause water table to drop.

The submitter states that another land owner in the locality had reported a drop in the water table, which apparently coincided with the preparations for sugar cane planting on the subject land.

The impact on the water table from permitted agricultural activities are not relevant to this application. Indeed, if the water table has dropped there is likely to be a reduced requirement for the applicant to pump water from the extraction area.

Registered bore records indicate that bores in the locality are at least 18 metres deep. The bore records also show that the shallowest water intercept was 11 metres deep. None of the free groundwater was intercepted in the first 8 metres, which is the maximum extraction depth.

A Hydrogeological Assessment of the proposed development's impact on the water resources in the locality has been undertaken by Rob Lait and Associates Pty Ltd.

The assessment makes the following conclusions and recommendations to avoid any significant impact on groundwater:

Groundwater Quantity

It is understood that groundwater irrigation is not practised in this area, owing to the ready availability of good quality surface water from the Mareeba Irrigation Scheme.

Initially, the water table will fall locally owing to groundwater pumping from the shallow, unconfined sand aquifer. As the water table is expected to be some 3 to 5m below ground surface and the maximum depth of quarrying will be about 8m below ground surface, between 3 and 5m of the aquifer will be exposed. Groundwater will inflow from all sides of the excavation once it proceeds below the water table, as illustrated by the hypothetical potentiometric surface contours in Figure 6.

The pumped groundwater will be stored on site or used for dust suppression. As the aquifer is unconfined a local water balance will result.

The only 'losses' to the hydrogeological regime will be those that result from evaporation in the pit lake/s and from the stored water.

It is considered that this will not pose a threat to the quantity of groundwater available in the general vicinity of Lot 1 RP 708157.


Impact on groundwater. May cause water table to drop.

Groundwater Quality

The salinity of the groundwater may rise slightly, owing to the evaporation discussed above. As the groundwater is already moderately high in electrical conductivity it is expected that this will not be a threat to the unconfined aquifer.

Sugarcane cropping is practised successfully in the near vicinity of Lot 1 RP 708157 despite the relatively high water table and presence of moderately saline groundwater. The proposed sand quarrying operation is not expected to pose a threat to agricultural sustainability.

Notwithstanding that it is considered there is a low risk of deterioration in groundwater quality as a result of sand quarrying, every attempt should be made to retain pumped groundwater within Lot 1 RP 708157 i.e. no additional discharge to Two Mile Creek should be considered, especially if turbid water resulting from washing of the extracted sand is stored.

Groundwater Contamination

Ingress of fuel, oil and industrial chemicals owing to spills could result in groundwater contamination.

Groundwater contamination can largely be precluded if the source of contaminants at the surface is minimised or eliminated.

Proposed Methods to Preclude Groundwater Quality Impacts

The following methods are proposed to ensure that the extractive industry will not significantly impact on ground water quality:

• Pumped groundwater should be retained within Lot 1 RP 708157 i.e. no additional discharge to Two Mile Creek should be considered, especially if turbid water resulting from washing of the extracted sand is stored;

• Chemical storage and handling areas should be bunded to contain accidental spills;

• Bulk petroleum products should be loaded and unloaded in a designated area;

• It is recommended that no infrastructure that can cause groundwater contamination, be constructed, or limited to only that which is absolutely necessary, in a corridor that extends 50m from Two Mile Creek; and

• If there is any possibility of runoff to the creeks it is further recommended that bund walls be installed to divert flow to holding storage ponds for pumping back as processing water.

Provided any development approval is conditioned to require compliance with the above measures, the development is unlikely to adversely impact on water quality/quantity.


Conservation significant fauna has been observed in the locality. These animals might be negatively impacted.

Conservation significant fauna can be found within 10 kilometres of the subject land, however the already disturbed (by previous farming) nature of the proposed extraction area means that it is unlikely that it would provide significant habitat for this fauna. The proposed development is unlikely to reduce the essential habitat.

The impact on fauna is not expected to be any greater than the as of right farming activities which could be undertaken on the same land.

What measures are in place to prevent impacts on "of concern" vegetation type wetland and remnant vegetation.

The eastern-most edge of the subject land is mapped as containing the following Matters of State Environmental Significance (MSES):

• High Ecological Significance Wetlands

• Regulated vegetation

• Regulated Vegetation (intersecting a watercourse)

That part of the subject land proposed for extraction operations does not contain any mapped areas of MSES. The mapped MSES wetland areas are at least 150 metres west of the proposed extraction areas.

Small sections of remnant vegetation (Least Concern and Of Concern) are found along the southern and eastern boundaries of the subject land. The proposed extraction area will be located to avoid the "Least Concern" vegetation and a 150 metre separation distance will be maintained to the "Of Concern" vegetation.

All proposed extraction activities will be sited to avoid impacts on environmental values in particular regional ecosystems, wetlands, watercourses.

The proposed development is not considered to be a threat to any "of concern" vegetation type wetland and remnant vegetation.

No indication of the location of the water storage/sediment dam.

The application documents indicate that the water storage/sediment dam will be located in the south-western corner of the proposed extraction area.

Sediment runoff into nearby waterways has the potential to add sediment load into the Mitchell River.

Surface water from the site drains east towards Two Mile Creek, which is located approximately 300 metres from the extraction area. Stormwater runoff will not be directly released to waterways.

The preparation of an Erosion and Sediment Control Plan will be conditioned and the plan must be submitted to Council for approval prior to the commencement of extraction operations.

Progressive rehabilitation is intended to minimise the area of disturbed land at any one time.


Submitters

PLANNING DISCUSSION The upgrading of Pickford Road is fundamental to the approval of this development application. Council officers would not be prepared to recommend approval of the development application without the upgrading of Pickford Road to 8 metre formation, 5.5 metre gravel pavement and 4.5 metre bitumen seal from the Mulligan Highway to the entrance into the proposed quarry, Conditions to protect to water quality are also essential to the sustainable operation of the extractive industry. A suitable condition has been included in the officers draft recommendation section of this report. Unlike previous applications for similarly sized extractive industries (5,000 tonnes to 100,000 tonnes per annum), the environmentally relevant activity aspect of this development will be managed by the Department of Environment and Heritage Protection (DEHP) through a separate application process. Date Prepared: 7 April 2015

Will the sediment control measures be regularly inspected to ensure continued effectiveness.

The erosion and sediment control measures required under the approved Erosion and Sediment Control Plan will be inspected prior to the commencement of extraction. Council officers will undertake any further inspections as determined to be necessary.

Storage of fuel, oil or waste on site has potential to escape during flood/high rain fall. What flood immunity will be required?

The development will be conditioned to require the bunding of fuel, oil and waste storage areas. Such areas will also need to be sited above the 100 year ARI flood level.

In the event the applicant breaches a condition, what remediation will be taken?

Should the applicant breach any condition of approval, the enforcement provisions under the Sustainable Planning Act 2009 will be available for Council's use.

The development is also an Environmentally Relevant Activity under the Environmental Protection Act. In the event of any environmental harm, action may be taken by the Department of Environment and Heritage Protection.

Name of principal submitter Address 1. J Linneweber 326 Pickford Road, Biboohra (PO Box 2345, Mareeba)

2. Mitchell River Watershed Management Group Inc

PO Box 1567, Mareeba


ATTACHMENT 1 APPROVED PLANS (ECM VS 3610664)


ATTACHMENT 2


ATTACHMENT 3


ATTACHMENT 4


ITEM-4 APPLICATION FOR UPGRADE OF TENURE FROM OCCUPATIONAL LICENCE TO TERM LEASE - LOT 537 ON OL448, PARISH OF MYOSOTIS


MEETING: Ordinary MEETING DATE: 15 April 2015 REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the upgrade of tenure over land described as Lot 537 on OL448, Parish of Myosotis from an occupational licence (9/537) to a term lease. Should the tenure upgrade be successful, it is proposed that the existing grazing purpose continue. DNRM seeks Council's views on the upgrade of tenure to a term lease and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.


"That Council offer no objection to the upgrade of tenure from occupational licence to term lease over land described as Lot 537 on OL448, Parish of Myosotis and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land."

BACKGROUND

DNRM is currently considering an application for the upgrade of tenure from occupational licence to term lease over land described as Lot 537 on OL448, Parish of Myosotis. The subject land has an area of 1,350 hectares and is located on the Herberton-Petford Road, Montalbion, approximately five (5) kilometres north-west of Irvinebank. The land is currently used for grazing purposes and contains several stock watering dams to facilitate this activity. It is proposed to continue the grazing purpose following the tenure upgrade. The land remains vegetated and does not contain any known buildings.


DNRM seeks Council's views on the upgrade of tenure to a term lease and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.

LINK TO CORPORATE PLAN

Nil

CONSULTATION

Internal Nil External Nil

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS)

Nil

POLICY IMPLICATIONS

The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the continued use of the land for grazing purposes. Council officers have no knowledge of any non-indigenous cultural heritage values associated with the subject land.

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Nil

IMPLEMENTATION/COMMUNICATION

The Department of Natural Resources and Mines will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of Natural Resources and Mines letter of 25 March 2015 Date Prepared: 26 March 2015


ATTACHMENT 1


ITEM-5 APPLICATION FOR CONVERSION OF TERM LEASE TO FREEHOLD - LOT 283 ON NR7173 & LOT 284 ON NR7783, PARISH OF FORMARTINE


MEETING: Ordinary MEETING DATE: 15 April 2015 REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the conversion of term lease 0/208168 over land described as Lot 283 on NR7173 and Lot 284 on NR7783, Parish of Formartine to freehold. Should the conversion be successful, it is proposed that the existing grazing use would continue. The conversion of Lot 284 is relatively straight forward whereas the conversion of Lot 283 appears to be constrained by absence of practical access. Lot 283 has frontage of approximately 40 metres to Kanervo Road; however, this frontage consists of the steep banks and channel of Davies Creek. It is doubtful that practical access could be achieved via this frontage. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.


"That Council offer no objection to the conversion to freehold of the term lease over land described as Lot 283 on NR7173 and Lot 284 on NR7783, Parish of Formartine, subject to practical lawful access being provided to Lot 283, and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land."

BACKGROUND

DNRM is currently considering an application for the conversion to freehold of term lease 0/208168 over land described as Lot 283 on NR7173 and Lot 284 on NR7783, Parish of Formartine. The subject land comprises the following allotments:

• Lot 283 - area of 400 hectares, frontage to Kanervo Road, Koah • Lot 284 - area of 1,490 hectares, frontage to the Kennedy Highway, Tichum Creek


Lot 283 is a large vegetated allotment with an undulating topography and remains relatively undeveloped with the exception of a small cluster of buildings situated in the southern half of the lot. A large part of the lots eastern boundary adjoins Davies Creek. Lot 284 contains a much more mountainous topography than Lot 283 and is undeveloped and heavily vegetated for the most part. A large quarry (Redcorp Quarry) is established towards the centre of the site. Lot 283 has frontage of approximately 40 metres to Kanervo Road; however, this frontage consists of the steep banks and channel of Davies Creek. It is doubtful that practical access could be achieved via this frontage. At present, it appears that Lot 283 is accessed through the applicant's other leasehold land and an adjoining freehold allotment under separate ownership.




Nil

CONSULTATION



Nil

POLICY IMPLICATIONS

The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the continued use of the land for grazing purposes. When considering applications for the creation of freehold allotments, Council should consider the availability of 'practical' access to that allotment/s. Lot 283 does not currently contain a constructed lawful point of access; instead, access to the lot is achieved informally through an adjacent freehold parcel under separate ownership, and adjacent leasehold land. If Lot 283 is to be converted to freehold, practical legal access should be provided as a condition of freeholding. Council officers have no knowledge of any non-indigenous cultural heritage values associated with the subject land.




The Department of Natural Resources and Mines will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of Natural Resources and Mines letter of 25 March 2015 Date Prepared: 30 March 2015


ATTACHMENT 1


GOVERNANCE AND COMPLIANCE

ITEM-6 APPOINTMENT OF GREAT WHEELBARROW RACE SPECIAL COMMITTEE


MEETING: Ordinary MEETING DATE: 15 April 2015 REPORT OFFICER’S TITLE: Manager Development & Governance DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

A report on the applicability of Council's LGM public liability insurance cover to events such as the Mareeba Multicultural Festival, the Great Wheelbarrow Race, the Kuranda Easter Festival and the Kuranda Day Festival was considered at Council's meeting held on 3 September 2014. One of the report recommendations adopted by Council was that Council assume ownership and ongoing responsibility for the organisation and conduct of the Mareeba Multicultural Festival and the Great Wheelbarrow Race and appoint Special Committees to run these events under the direction of Council's Events Officer. The purpose of this report is to formalise the appointment of members of the Great Wheelbarrow Race Special Committee.


"That: 1. Council appoint a Special Committee under section 264 of the Local Government Regulation 2012 for the purpose of organising and running the annual Great Wheelbarrow Race, with such Committee to be known as the Great Wheelbarrow Race Special Committee. 2. The following persons be appointed as members of the Great Wheelbarrow Race Special Committee: Committee Positions: Cr E Brown President Stacey Maisel Secretary Terry Roos Chief Marshall John Hardy Chief Timekeeper Natasha Shroj Publicity Officer Chris Lea Rules and Regulations


Police Officer nominated by Queensland Police to be the Police Representative on the Committee. The Committee may invite other members in an advisory capacity. Further, that it be Council's intention that the Committee work towards becoming an independent, stand-alone Committee over a period of two (2) to four (4) years."

BACKGROUND

A report was submitted to Council's meeting on 3 September 2014 outlining the public liability insurance risks associated with the conduct of annual signature events in the Shire. These events are the Kuranda Easter Festival, Kuranda Day Festival, Mareeba Multicultural Festival and the Great Wheelbarrow Race. It was noted in the report that the two (2) Kuranda events are covered by Council's public liability insurance policy as they are organised and run by Tourism Kuranda which is an appointed Advisory Committee of Council. However, the Multicultural Festival and Great Wheelbarrow Race are currently not covered as they are not formal committees appointed by Council. The following recommendation of the report was adopted by Council: "That: 1. Council note the public liability insurance arrangements that are in place through the Tourism Kuranda Advisory Committee with respect to the conduct of the annual Kuranda Easter Festival and Kuranda Day Festival and also note that the formal appointment of members of the Advisory Committee last took place in September 2012 with members appointed by the Tablelands Regional Council for a three year term. 2. Subject to discussion with the existing Mareeba Multicultural Festival Committee and the Great Wheelbarrow Race Organising Committee, Council formally assume ownership and ongoing responsibility for the organisation and conduct of the annual Mareeba Multicultural Festival and the Great Wheelbarrow Race, and appoint Special Committees under section 264 of the Local Government Regulation 2012 for both events, with the organisation and running of the events to be under the direction of Council's Events Officer. Further, that it be Council's intention that both Committees work towards becoming independent, stand-alone Committees over a period of two to four years. 3. The responsible Council officers ensure that risk assessments are carried out and documented for all significant events conducted by Council." In relation to the Great Wheelbarrow Race organising committee, it was left to the existing Committee to determine their future committee make-up and to advise Council of the names of the selected committee members for formal appointment by Council. Advice of the names of the selected committee members has now been received through Cr Brown and it is recommended that they be formally appointed as members of the Great Wheelbarrow Race Special Committee.



COM 4 - Encourage vibrant and active community participation in arts, culture and natural heritage activities to enrich lifestyle and encourage tourism.

CONSULTATION

Internal Cr Brown External Nil

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL, RISKS)

The purpose of appointing the Great Wheelbarrow Race organising committee as a Special Committee of Council is for Council to formally assume ownership of the committee so as to ensure that all risks associated with the conduct of the annual event are appropriately covered by Council's public liability insurance policy Risk assessment and management is a critical component of the organisation and conduct of any event. Should the Council fail to properly manage any identified risks, it could be exposed to legal action with significant financial cost and reputational damage.

POLICY IMPLICATIONS

Council has in place an Events Risk Management Procedure and Checklist which should be utilised and documentation completed for each significant event conducted by Council.


Nil


Formal advice will be provided to all appointees confirming their appointment to the Special Committee.

ATTACHMENTS

Nil Date Prepared: 2 April 2015


ITEM-7 CHILLAGOE INDUSTRIAL ESTATE STREET NAMES DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 15 April 2015 REPORT OFFICER’S TITLE: Manager Development & Governance DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

This report submits two (2) street names for consideration by Council for unnamed streets in the Chillagoe Industrial Estate. The two (2) suggested names have been put forward by the Chillagoe Alliance.


"That the two (2) unnamed streets in the Chillagoe Industrial Estate be named as follows: 1. The short section of road off Pont Street between lots 41 and 42 be named Chong Street; and 2. The section of road off Zillmanton Road which fronts lots 3, 4, 5, 6 and 7 be named Kinnear Street."

BACKGROUND

In connection with the proposed sale of all of the lots in the Chillagoe Industrial Estate, Council was previously informed of the need to allocate street names for two (2) unnamed roads within the Estate so that these names could be recorded on the subdivisional survey plan being prepared by Council's Surveyor. It was suggested at the time that the Chillagoe community be consulted about the street names and the matter was then raised with the Chillagoe Alliance at a meeting attended by the Mayor and Cr Holmes. Four (4) names were considered by the Alliance, these being Bryce, Chong, Kinnear and Ferguson, with Chong and Kinnear being the preferred names. All names with the exception of Kinnear are listed as potential street names for the Almaden/Chillagoe locality in Council's Road Naming Policy. It is recommended that Council accept the two (2) names as suggested by the Chillagoe Alliance.



ECON 2 - In partnership with local business, industry groups and economic development organisations, continue to develop strategies to assist, strengthen, develop and promote existing and new business and industries.

CONSULTATION

Internal Previously workshopped with Council External Chillagoe Alliance

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL, RISKS)

Nil

POLICY IMPLICATIONS

Nil


Nil


Subject to the report recommendation being adopted, advice of the new street names will be forwarded to all relevant agencies.

ATTACHMENTS

1. Copy of SP233810. 2. Extract from Council's Road Naming Policy - District 6 (Almaden, Chillagoe). Date Prepared: 2 April 2015


ATTACHMENT 1


ATTACHMENT 2


ITEM-8 DEVELOPMENT AND GOVERNANCE GROUP QUARTERLY REPORT


MEETING: Ordinary MEETING DATE: 15 April 2015 REPORT OFFICER’S TITLE: Manager Development and Governance DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

This report presents the key activities and achievements of the Development and Governance Group for the January - March 2015 quarter.


"That Council receive and note the quarterly report of the Development and Governance Group for January to March 2015."

BACKGROUND

The Development and Governance Group is comprised of the following Council service areas: Governance and Compliance Building and Plumbing Regional Land Use Planning Local Laws and Environmental Health Highlights and Significant Issues Nil Governance and Compliance Some of the main issues dealt with by the Governance and Compliance section during the quarter were as follows: Risk Management • Review of the Risk Register carried over from TRC, assigning of responsibility for

management of identified risks and setting up Risk Register and Risk Treatment Plans on Council's intranet (Sharepoint) for access by all Managers.

• Review of entry form terms and conditions and provision of indemnity to Council for persons participating in Council organised or sponsored events.


Land & Lease • Progression of Trustee Leases/other leases for the following Clubs and organisations:

o Kuranda Men's Shed o Mareeba Mountain Goats Club o Mareeba United Football Club o Mareeba Gymnastics Club (incl surrender of Mareeba Swimming Club lease) o Kuranda Recreation Centre o Kuranda Horse & Pony Club o Vodafone - Mareeba Water Tower o Rural Fire Brigade Leases - Koah, Speewah, Irvinebank, Kuranda/Myola, Julatten

• Advertising of Land Management Plans for public consultation (Centenary Park, Mareeba and Roiko Road Reserve, Mareeba) and submission of Land Management Plans for Dimbulah Recreation Reserve and Alex Lawson Park, Mareeba to DNRM for preliminary approval.

Industrial Estates • Progressed sale of lots in Chillagoe Industrial Estate as follows:

o Sought legal advice on existing lease provisions and conditions of sale o Engaged legal assistance with removal of terminated leases from Title o Initiated planning approval for Reconfiguration of a Lot o Instructed Council's Surveyor on preparation of plan of survey for subdivision

purposes o Responded to enquiries from existing lessees and other persons in relation to

sale of the lots • Progressed the following matters in relation to the Mareeba Industrial Park:

o Installation of the MIP advertising sign and letters to all businesses in the Estate o Follow up with Works and Technical Services in relation to preparation of the

three large lots for tender o Obtained legal advice on conditions of sale of lots ie initial offer of a development

lease with freehold title once development conditions fulfilled o Responded to enquiries from local Real Estate Agents and persons interested in

taking up lots in the Estate Mareeba Aerodrome • Responded to seven enquiries for lease of hangar sites at aerodrome, making a total of

nine enquiries received since taking over land and lease matters. • Issue of letter to all lessees in relation to responsibilities under lease, in particular, the

requirements relating to fencing of leased areas and not allowing unauthorised access onto aerodrome.

Complaints Management Following on from the status of Complaints Management as detailed in the report for the previous quarter (October to December 2014), there has been a somewhat marginal improvement (decrease) in the overall figures of complaints carried over from the previous period. Certainly, these complaints involve various levels of complexity and in some instances have been referred to Council for dealing through its internal review process by the Queensland Ombudsman. Competing priorities with the inclusion of Land and Lease matters in addition to the role of Governance will continue to challenge existing staff resources to effectively and appropriately deal with governance related matters.


Details of complaints received/processed during the quarter ending 31 March 2015 are displayed in the table below: Complaints carried over from previous period (October to December 2014) 21 Complaints lodged during reporting period (January to March 2015) 1 Complaints finalised during reporting period (January to March 2015) 3 Complaints still in process (not finalised) during reporting period (January to March 2015) 19

Building and Plumbing Building and Plumbing Approvals A total of 70 building approvals were issued for the quarter, comprising of 54 Council approvals and 16 Private Certification approvals. The total value of all building approvals was $9,293,038.00, while the average process time for Council approvals was three days. Seasonally, the January-March period is the slowest quarter due to poor weather and festive closure. While the figures for the value of building works and number of approvals are marginally down by 15%, when compared to 2014, the building statistics again reflect greater than average dwelling construction in the Mareeba Township. Regulatory Actions Regulatory actions by the Building and Plumbing Department increased greatly in 2015 with one Enforcement Notice and 21 Show Cause Notices issued. Construction Industry Summary for October-December quarter: Approvals When comparing this year's figures to 2014, the number of approvals is somewhat down, but, still shadowing the trend set last year which saw great activity throughout the 2014 year. A significant amount of the total building work for the Shire again related to Mareeba Township which was likely due to the 18 dwelling units approved in the community. Dwellings Dwelling approvals continue to remain reasonably strong in this quarter, with 24 dwelling units approvals from a total of 70 building approvals. Value of Approval The total value of building approvals for the January-March quarter was $9,293,038.05 which is slightly down on the previous year's quarter by approximately $1.6 M.


Regional Land Use Planning New Development Applications Twenty development applications were lodged in the March quarter 2015 compared to eight lodged in the March quarter 2014. Development Applications received/approved during quarter:

New Development Applications lodged 20

Decision Notices issued under delegated authority 10

Negotiated Decision Notices issued under delegated authority Nil

Decision Notices issued (from Council Minutes) 5

Negotiated Decision Notices issued (from Council Minutes) 1

Extensions to relevant period issued 2

Change to existing Development Approval issued 1

Building Work approvals issued under delegated authority 4

Survey Plans endorsed 4

Notices issued under SPA Nil

Planning Appeals and other Court proceedings Nil Local Laws and Environmental Health Environmental Health The Environmental Health section responded to a total of 87 enquiries, complaints and service requests for the quarter relating to the following matters:

Food Business Enquiry 28 General Service Requests 6 Health 4 Nuisances (air, water, noise) 15 Local Laws (Environmental Health) 7 Public Health 22 Food Complaint 3 Environmental Management 2

Notices Issued, Inspections Carried Out, Applications Processed Environmental Health

Licensed premises inspected 73 New Food applications 7 Compliance Notice 0

Local Laws Penalty Infringement Notices Issued 38 Warning Letters issued 42 Compliance Notices issued 61


Local Laws Local Laws Officers dealt with a total of 365 complaints and enquiries during the quarter relating to the following matters

Animals enquiries - Dangerous dogs, noise, stray, traps, too many, 290

General Enquiries 9 Abandoned vehicles, Illegal Signs, Illegal Camping 41

Overgrown allotments, roads 4 Nuisances (backyard burning) 14 Parking 5 Temporary Entertainment Event 0 Commercial Use of roads, parks enquiries 2

Impoundments A total of 140 animals were impounded:

Cats 70 Dogs 61 Other 9

2.9% of impounded cats were claimed by their owners 14.3% of impounded cats were handed over to FOTA 82.8% of impounded cats were euthanized 44.3% of impounded dogs were claimed by their owners 9.8% of impounded dogs were handed over to FOTA 45.9% of impounded dogs were euthanized


GOV 5 - Conduct a work management systems and procedures review to develop an efficient organisation supported by cost effective work practices and systems ENV 2 - Maintain a proactive response to public health and safety matters including incorporating CPTED principles in town centres and commercial developments ENV 3 - Appropriate consideration is given to planning and development controls, design guidelines, traditional ownership and sustainable development principles when making planning decisions.

CONSULTATION

Senior Planner Senior Building & Plumbing Officer Coordinator Environmental Health & Local Laws Governance & Compliance Adviser


Nil


POLICY IMPLICATIONS

Nil


Nil


Relevant information to be publicised in media. ATTACHMENTS Nil Date Prepared: 8 April 2015


FINANCE

ITEM-9 CEMETERIES AND FINANCE FEES AND CHARGES 2015-2016


MEETING: Ordinary MEETING DATE: 15 April 2015 REPORT OFFICER’S TITLE: Customer Service Co-ordinator DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

This report details the proposed 2015/2016 Fees and Charges for Cemeteries and Finance.


"That Council adopt the 2015/16 Fees and Charges for Cemeteries and Finance."

BACKGROUND

Council as part of its budgetary process and under the legislation of the Local Government Act is required to adopt a Schedule of Fees and Charges each year. Each relevant department has been responsible for the setting of the Fees and Charges. Costs for services are reviewed annually, with the full cost recovery model applied wherever possible. The proposed fees for 2015/16 were workshopped with Council on Tuesday 31 March 2015.


N/A

CONSULTATION

Internal Cemeteries Officer Coordinator Customer Service Manager Systems and Customer Service Coordinator Parks and Gardens Manager Finance External Nil



Nil

POLICY IMPLICATIONS

Nil


Capital N/A Operating Nil


Update schedule of fees and charges displayed on Council's website and advise relevant funeral directors.

ATTACHMENTS

1. Proposed fees and charges – Cemeteries 2. Proposed fees and charges – Finance Date Prepared: 1 April 2015


ATTACHMENT 1 Proposed fees and charges – Cemeteries


ATTACHMENT 2

Proposed fees and charges – Finance


ITEM-10 WATER & WASTE GROUP, FEES & CHARGES SCHEDULE 2015/2016


MEETING: Ordinary MEETING DATE: 15 April 2015 REPORT OFFICER’S TITLE: Manager Water & Waste DEPARTMENT: Infrastructure Services, Water & Waste Group EXECUTIVE SUMMARY

The setting of the Fees and Charges for the 2015/2016 financial year has been the responsibility of each relevant department and has been set either based on a set percentage increase or based on cost recovery of actual activity costing and is presented for Council's consideration and endorsement. The process costs for 2015/2016 outlining current fees, calculated and process costs and the proposed fees were considered at a Council workshop on 31 March 2015. The underlying basis for the proposed fees and charges is to support cost recovery within the services provided by the Water and Waste Group.


"That Council receive this report regarding Fees & Charges for the 2015/2016 financial year and adopt the attached schedule of Fees & Charges for the 2015/2016 financial year."

BACKGROUND

Council as part of its budgetary process and under the legislation of the Local Government Act is required to adopt a Schedule of Fees & Charges. For the purpose of legislation these fees and charges need to be identified as either regulatory or non-regulatory. Each relevant department has been responsible for the setting of the Fees & charges for the 2015/2015 financial year. The fees and charges have been set on either full cost recovery, discounted community service obligation by direction of Council or based on a set percentage increase. The current CPI increase is 2.4%. However, were a percentage increase used in calculating the Fees & Charges for Water and Waste this would not have reflected true cost recovery. A formulated calculation was applied to a number of Water and Waste Charges in order to ensure full cost recovery was achieved.


GOV 1 - Develop an achievable long term financial plan that underpins Council's long-term financial sustainability.


CONSULTATION

Internal Director Infrastructure Services Supervisor Water Reticulation Supervisor Waste Services Engineer Water and Waste Environmental Compliance Officer Strategic Technical Officer External Nil


Local Government Act 2009

POLICY IMPLICATIONS

Nil


Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil


On adoption of the 2015/2016 Fees and Charges, advise Customer Service Officers of the changes and alter associated documents, advise Water and Waste Group staff and external clients.

ATTACHMENTS

1. Mareeba Shire Council Fees & Charges for 2015/2016 Date Prepared: 2 April 2015


ATTACHMENT 1


ITEM-11 FINANCIAL STATEMENTS PERIOD ENDING 31 MARCH 2015


MEETING: Ordinary MEETING DATE: 15 April 2015 REPORT OFFICER’S TITLE: Manager Finance DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

The purpose of this report is to provide Council with an overview of financial matters for the period 1 July 2014 to 31 March 2015.


"That Council note the financial report for the period ending 31 March 2015."

BACKGROUND

Financial Summary Each month, year to date financial statements are prepared in order to monitor actual performance against budgets. For the period ending 31 March 2015, Council shows an operational surplus of $11,708,643 compared to a budgeted YTD surplus of $10,136,014. The budget now reflects the Three Month Budget Review as adopted by Council at the 17 December 2014 meeting. One-off de-amalgamation costs for the purpose of this report are excluded. These costs are funded from the Queensland Treasury Corporation Working Capital Facility which has a repayment due date of 30 June 2015. It should be noted that Council's cash position is currently $28,545,606 which reflects the total rates income for the year. It also includes the initial transfer of $17,000,000 from TRC. The Deputy Premier (Minister for Transport, Minister for Infrastructure, Local Government and Planning and Minister for Trade) made a decision on 8 April regarding the cash split. MSC is to receive a sum total of $26,053,002 of the total cash of $52,077,050 which results in MSC receiving a further $9,053,002 plus interest from TRC.


Capital Expenditure Total capital expenditure of $10,715,265 (including commitments) has been spent for the period ending 31 March 2015 against the annual budget of $12,892,876. The graph below illustrates actual YTD expenditure and committed costs against the annual budget.

March 2015 - Snapshot Total Operating Income $ 45,186,579 Total Operating Expenditure $ 33,477,936 Operating Surplus $ 11,708,643 Total Capital Income (grants, developer contributions) $ 1,974,161

Net Result - Surplus $ 13,682,804

- 1 2 3 4 5 6

CorporateServices

Land &Facilities

Construction&

Maintenance

Parks &Gardens

TechnicalServices

Fleet

Waste

Wastewater

Water

Millions

Capital Actual v Budget YTD ActualCommitmentsRemaining spend


Income Analysis Total income (including capital income of $1,974,161) for the period ending 31 March 2015 is $47,160,740 compared to the YTD budget of $44,721,092. The graph below shows actual income against budget for the period ending 31 March 2015.

Variances to note are:

1. $116k of actual income relates to animal registrations and licence renewals, which all belong in July 2014; however the budget has been apportioned equally across 12 months. Also contributing to the favourable variance is Building income ($16k), Mareeba Mausoleum & Memorial cemetery income ($47k) Planning income ($4k) and Libraries ($3k).

Description

Actual YTD Budget YTD Note

Net Rates & Utility Charges 25,160,463 24,889,012 Fees & Charges 959,238 774,137 1 Operating Grants, Subsidies & Contributions 6,655,560 6,608,459 Interest Received 387,379 432,065 2 Works for Third Parties 8,779,064 8,127,350 3 Other Revenue 3,244,875 2,861,387 4 Capital Income 1,974,161 1,028,683 5


2. Council currently has $10M invested in term deposits which all mature 2 April producing approximately $175k in interest revenue. 3. The favourable variance relates to the majority of the Department of Main Roads major projects being already completed, however, YTD budget has been apportioned monthly. March RMPC claim estimated at $100k is yet to be lodged. 4. Favourable variances across a number of business sections, majority relating to the waste fund.

5. $554k relates to developer contributions. Capital grants of $1.3M relates mainly to the construction of the pump station at Ibis Dam ($54k), the Mareeba Sewerage Treatment Plant upgrade ($30k), Chillagoe Water supply ($236k), Roads to Recovery ($577k) and TIDS ($317k).

Expenditure Analysis

Total expenses for the period ending 31 March 2015 is $33,477,936 compared to the YTD budget of $33,556,396. The graph below shows actual expenditure against budget for the period ending 31 March 2015.


Loan Borrowings Council's loan balances as at 31 March 2015 are as follows:

Rates and Sundry Debtors Analysis Rates and Charges The total rates and charges payable as at 31 March 2015 is $3,287,234. There are currently 162 properties with arrangements to pay, which totals $213k. Rates were levied on 17 February 2015 for the six months January to June 2015 with the discount period closing on 20 March 2015. Total Gross Rates and Charges levied for the 6 month period was $13,147,136.55. A total of 1565 first reminder notices, were issued on 1 April for a total value outstanding of $2,143,524. Collection House collected $90,324 for the month of March. The outstanding amount for properties currently with debt collection is $268,057.01. Sundry Debtors The total outstanding for Sundry Debtors as at 31 March 2015 is $1,297,384 which is made up of the following:

Description

Actual YTD Budget YTD Note

Employee expenses 11,344,780 11,736,874 Materials & Services

15,399,103 15,179,613 Relates to third party works

Depreciation expenses 6,607,452 6,484,558 Finance & Borrowing costs 126,601 155,351

QTC Loans $2,033,917 De-amalgamation working capital facility

$5,126,819

Current 30 days 60 days 90 + days $1,061,032 $24,430 $11,585 $200,337

82% 2% 1% 15%



Nil

CONSULTATION

Internal Director Corporate & Community Services Financial Accountant External Nil

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

Section 204 of the Local Government Regulation 2012 requires the financial report to be presented to local government…if the local government holds its ordinary meetings more frequently (than once per month) - to a meeting in each month.

POLICY IMPLICATIONS

Information has been provided to achieve compliance with Council's Procurement Policy.




Nil

ATTACHMENTS

1. Financial Statements - March 2015 Date Prepared: 7 April 2015


CHIEF EXECUTIVE OFFICER

PETITION

ITEM-12 PETITION REGARDING ROAD CONDITION BETWEEN DIMBULAH AND MOUNT MULLIGAN AND KINGSBOROUGH


MEETING: Ordinary MEETING DATE: 15 April 2015 REPORT OFFICER’S TITLE: Chief Executive Officer DEPARTMENT: Office of the Chief Executive Officer EXECUTIVE SUMMARY

This report introduces a petition which was received by Council on 7 April 2015 from residents and visitors of Dimbulah.


"That Council receive the petition and refer it to the CEO for consideration."

BACKGROUND

In terms of Council’s Standing Orders Council has three (3) options with regard to petitions that are tabled and these are: 1. The petition be received and consideration stand as an order of the day for the

meeting; or for a future meeting; or 2. Petition be received and referred to a committee or officer for consideration and a

report to the local government; or 3. The petition not be received. The petition meets the requirements as per the Standing orders, in that it is legible and has more than 10 signatures. The petition highlights a number of concerns regarding the current state of the road and requests that Council undertake significant road maintenance. It has also been requested that Council seek funding to undertake further works on the road after consultation with ratepayers.


ECON 3 - Undertake the management of Council’s assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's


infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community.

CONSULTATION



Nil

POLICY IMPLICATIONS

Nil


Capital Nil Operating Nil Is the expenditure noted above included in the 2013/2014 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil


Key petitioners will be advised of the outcome.

ATTACHMENTS

1. Petition from residents and visitors of Dimbulah Date Prepared: 8 April 2015


ATTACHMENT 1


BUSINESS WITHOUT NOTICE

NEXT MEETING OF COUNCIL

The next meeting of Council will be held at 9:00 am on Wednesday 6 May 2015


APPENDIX - Summary of new Planning Development Applications and Delegated Decisions March 2015

council meeting agenda 15 april 2015

Documents