council meeting agenda 21 january 2015

Ordinary Meeting

Council Chambers Date: 21 January 2014

Time: 9:00am

AGENDA

THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 21 JANUARY 2015 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda Wednesday 21 January 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 CORPORATE AND COMMUNITY SERVICES ............................................................................... 5

REGIONAL LAND USE PLANNING................................................................................................ 5 ITEM-1 C & A Murie - Material Change of Use - Host Farm (3 Cabins) - Lot 4

RP726331 and Easements A & B on SP226638 - Black Mountain Road & Shiva Close, Kuranda - DA/14/0058 ......................................................................... 5

ITEM-2 Application for purchase of Unallocated State Land - Part of Lot 243 on AP17374, Parish of Smithfield ................................................................................ 27

ITEM-3 Application for Conversion of Term Lease to Freehold - Lot 249 on CP818009, Parish of Billgolla .................................................................................................... 37

ITEM-4 Application to remove conditions and renew special lease 9/48114 - Lot 229 on NR808489, Parish of Formartine ............................................................................ 43

ITEM-5 Extension to Relevant Period - Nitschke Family Trust - Material Change of Use - Animal Husbandry Intensive (Expansion of Poultry Farm from 3 to 5 Sheds) - Lot 3 RP708045 - 1004 Bilwon Road, Biboohra - MCU/09/0025 ............................. 51

ITEM-6 Review of Advertising Billboard Policy .................................................................... 85

ITEM-7 Review of Road Naming Policy ............................................................................ 103

GRANTS AND CORPORATE AND COMMUNITY PLANNING ................................................... 123 ITEM-8 Tropical Tablelands Tourism - MSC Financial Contribution .................................. 123

FINANCE .................................................................................................................................... 135 ITEM-9 Financial Statements for the Period Ending 31 December 2014 ........................... 135

GOVERNANCE AND COMPLIANCE .......................................................................................... 143 ITEM-10 Assignment of Lease C at Mareeba Aerodrome ............................................. 143

ITEM-11 Delegations ..................................................................................................... 151

INFRASTRUCTURE SERVICES ................................................................................................ 155

TECHNICAL SERVICES ............................................................................................................. 155 ITEM-12 Update Report on Request regards Mackay Sugar extended B-Double

Route Access within Mareeba Shire ..................................................................... 155

ITEM-13 Application for Permanent Road Closure of an Unnamed Road off Barbetti Road .................................................................................................................... 157

ITEM-14 Application for Permanent Road Closure of an Unused Portion of Borzi Road .................................................................................................................... 165

ITEM-15 Mareeba Gymnastics - Contract Variation ...................................................... 183

ITEM-16 Riverside Caravan Park - Proposed Extension of Trustee Lease .................... 199

WORKS ...................................................................................................................................... 203 ITEM-17 Infrastructure Services - Works Section Progress Report - December 2014 ... 203

WATER & WASTE ...................................................................................................................... 211 ITEM-18 Infrastructure Services - Waste Operations Progress Report - December

2014 ..................................................................................................................... 211


ITEM-19 Mareeba Wastewater Treatment Plant - Process Design - Novation of Design and Panel of Providers - TMSC2014-15 ................................................... 217

ITEM-20 Infrastructure Services - Water and Wastewater Group - Monthly Report - December 2014 .................................................................................................... 219

CHIEF EXECUTIVE OFFICER ................................................................................................... 227

MEDIA AND EVENTS ................................................................................................................. 227 ITEM-21 Changes in Ordinary Council Meeting Dates, Locations and Times

Throughout 2015 .................................................................................................. 227

FOR INFORMATION …………………………………………………………………………………229


CORPORATE AND COMMUNITY SERVICES

REGIONAL LAND USE PLANNING

ITEM-1 C & A MURIE - MATERIAL CHANGE OF USE - HOST FARM (3 CABINS) - LOT 4 RP726331 AND EASEMENTS A & B ON SP226638 - BLACK MOUNTAIN ROAD & SHIVA CLOSE, KURANDA - DA/14/0058

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 21 January 2015

REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS

APPLICATION PREMISES

APPLICANT C & A Murie ADDRESS Black Mountain Road & Shiva Close, Kuranda

DATE LODGED 24 October 2014 RPD Lot 4 on RP726331 and Easements A & B on SP226638

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use - Host Farm (3 Cabins)

FILE NO DA/14/0058 AREA 4.609 Ha

LODGED BY Planz Town Planning Pty Ltd

OWNER C & A Murie

PLANNING SCHEME

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

ZONE Rural Zone

LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS No Submissions Received

ATTACHMENTS: 1. Proposal Plan/s - Planz Town Planning Pty Ltd (DWS VS#

3605946)


EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is impact assessable and no properly made submissions were received in response to public notification of the application. The applicants propose the establishment of host farm tourist accommodation for a maximum of six (6) guests in three (3) standalone cabins. The proposed development has been designed to target the high end bed & breakfast/host farm market and will be specifically aiming to provide guests with the opportunity to experience a tropical rainforest experience within close proximity to urban amenities (Kuranda Village). 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 does not conflict with any relevant planning instrument. Considering the small scale and nature of the proposed use, no significant issues have been identified. Draft conditions were provided to the applicant care of their consultant and have been agreed to. It is recommended that the application be approved in full, subject to conditions.

OFFICER'S RECOMMENDATION

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

and in accordance with the Sustainable Planning Act 2009, as amended, 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), relevant period in (E), further permits in (F), and further approvals from Council listed in (G); And


APPLICANT C & A Murie ADDRESS Black Mountain Road & Shiva Close, Kuranda

DATE LODGED 24 October 2014 RPD Lot 4 on RP726331 and Easement A & B on SP226638

TYPE OF APPROVAL

Development Permit


Material Change of Use - Host Farm (3 Cabins)


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

Farm (3 Cabins) (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.

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 or the additional payment condition within these 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

0001 Cabin 1 (Former Salon / Dwelling)

Planz Town Planning Pty Ltd 21 September

- Cabin 1 Elevations Planz Town Planning Pty Ltd -

0002 Proposed new cabins 2 & 3 Planz Town Planning Pty Ltd 21 September

- Site Plan - Host Farm Planz Town Planning Pty Ltd -


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 Waste Management On site refuse storage area/s must be provided and be screened from view from adjoining properties and road reserve by one (1) metre wide landscaped screening buffer, 1.8m high solid fence or building.

3.6 Flood Immunity All buildings must be located such that the freeboard of the floor levels of all habitable rooms is a minimum of 300mm above 100 ARI year level.

3.7 Bushfire Management A Bushfire Management Plan, incorporating evacuation procedures for cabin guests, 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.

3.8 Length of Stay The maximum length of stay in any cabin must not exceed three (3) consecutive months.

3.9 Signage (i) No more than one (1) sign shall be erected on the subject land to

advertise the approved use. The sign may front either Black Mountain Road or Shiva Close.

(ii) 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. 4. Infrastructure Services and Standards

4.1 Access Works/Upgrades

The common access driveway situated within Easements A and B on SP226638 must be constructed to a bitumen sealed standard from its commencement at Shiva Close to the western most access to Lot 4 on RP726331. Those section/s of the access driveway subject to the works are to be sealed to a width of no less than three (3 0 metres and be formed with one-one crossfall to cater for stormwater drainage such that any stormwater runoff is contained within the established access easement/s.


4.2 Stormwater Drainage/Water Quality 4.2.1 The applicant/developer must take all necessary steps to ensure a

non-worsening effect on surrounding land as a consequence of the development.

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

4.3 Car Parking/Internal Driveways The applicant/developer must ensure that one (1) car parking space is provided per cabin, in close proximity to the respective cabin, and that two (2) visitor parking spaces are provided on site which are available solely for the parking of vehicles associated with the approved use. All car parking spaces and internal driveways associated with the approved use must be constructed, at minimum, to all-weather gravel standard and appropriately drained, prior to the commencement of the use and maintained for the life of the development, to the satisfaction of Council's delegated officer.

4.4 Water Supply Where the existing reticulated water supply does not currently service the site or is not at an adequate capacity, the developer is required to extend or upgrade the reticulated water supply infrastructure to connect the site to Council’s existing infrastructure at a point that has sufficient capacity to service the development in accordance with FNQROC Development Manual standards (as amended). If a new or upgraded water service connection is required to service the development, it must be provided in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer.

4.5 On-Site Sewerage Disposal On-site effluent disposal must be constructed for each cabin in compliance with the latest version On-Site Domestic Wastewater Management Standard (ASNZ1547), to the satisfaction of Council's delegated officer.

(D) ASSESSMENT MANAGER’S ADVICE (a) An Adopted Infrastructure Charges Notice has been issued with respect to the

approved development. The Adopted Infrastructure Charges Notice details the type of infrastructure charge/s, the amount of the charge/s and when the charge/s are payable.

(b) The Adopted Infrastructure Charges Notice does not include all charges or payments that are payable with respect to the approved development. 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.

(c) Water Meters/Water Service Connection Prior to the water service connection works commencing and the installation of the meters by Council, an application for a Plumbing Compliance Permit is required to be submitted with detailed hydraulic drawings. The cost of the required water connection and meter (capping of any existing meter may be required) will be determined based upon the approved hydraulic drawings at the time of lodgement of a Water Quotation Request.

(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) A change in the use of the building may also require a change in the classification of the building under the Building Act. The applicant is advised to contact a Building Certifier to establish if a change in the classification of the building is required.

(f) 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.

(g) 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.

(h) 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

(i) 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

http://www.environment.gov.au/

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


(E) 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);

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

Development Permit for Building Work

(G) OTHER APPROVALS REQUIRED FROM COUNCIL

Compliance Permit for Plumbing and Drainage Work

2. That an Adopted Infrastructure Charges Notice be issued for the following infrastructure charge/s for:

Development Type Rate Measure Charge Credit Balance

$ per EDC

EDC

EDC

Water Supply Headworks Contributions (Kuranda LLZ)

$5,160.00 1.5 $7,740.00 1

($5,160.00) $2,580.00

TOTAL CURRENT AMOUNT OF CHARGE $2,580.00

"

THE SITE

The subject site is situated along Black Mountain Road Kuranda and is described as Lot 4 on RP726331, Parish of Smithfield, County of Nares. The site is generally regular in shape with a total area of 4.609 hectares and is zoned Rural under the Mareeba Shire Planning Scheme. The site contains approximately 31 metres of frontage to Black Mountain Road which is constructed to bitumen sealed standard for the full length of this frontage. Access to the site is not achieved from Black Mountain Road, instead, the site is accessed from Shiva Close via access easements A and B on SP226638, which are established over the access handles of Lots 1 on RP724696 and Lot 1 on RP725539, situated adjacent the subject site. These two (2) easements form part of the application for access purposes only. A shared bitumen and gravel sealed access road of approximate width of 3 metres has been established over the two (2) easements. Shiva Close is constructed to a bitumen sealed standard from kerb to kerb. The site is predominantly covered in thick mature rainforest vegetation with the exception of a small portion of land in the south-west corner of the site. This predominately cleared area contains the sites improvements which include a dwelling and small cottage. The small cottage (located to the east of the dwelling) will be used as one of the three proposed host farm cabins. The site is connected to Council's reticulated water supply as well as electricity and telecommunications infrastructure. Allotments surrounding the site are zoned a mixture of Rural and Rural Residential and are used for rural lifestyle purposes with no agricultural uses known to be established in the immediate locality.


The approximate location of the three host farm cabins are shown in red on the below diagram.

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 Nil

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Host Farm (3 Cabins) in accordance with the plans shown in Attachment 1. The applicants propose the establishment of host farm tourist accommodation for a maximum of six (6) guests in three (3) standalone cabins. The proposed development has been designed to target the high end bed & breakfast/host farm market and will be specifically aimed at providing guests with the opportunity to experience a tropical rainforest vegetation experience within close proximity to urban amenities (Kuranda Village). The three (3) proposed host farm cabins will be located towards the south-west corner of the site in proximity to an existing dwelling. An existing cottage situated to the east of this dwelling has been retro-fitted for use as one (1) of the three (3) proposed cabins, while the other two (2) entirely new cabins will be block-work design, and constructed on site amongst existing rainforest vegetation. The applicants have chosen to construct the two (2) new cabins on site rather than transporting prefabricated cabins on site in order to cut down on vegetation clearing/damage. The developments design considerations are as follows:

Locate cabins within reasonable proximity to the main dwelling, and using areas of the rainforest vegetation where the canopy is open or damaged.

Design the buildings with balconies, louvered windows and large glass windows to maximise views to vegetation and the sky.

Minimise the visual impact, through the selection of neutral colours for the cabins exterior.

Retain and plant more tropical vegetation to soften the buildings and create a tropical ambience and emphasise the tropical location."

The applicants and operators of the host farm business will live on site in the existing dwelling and will provide personalised service for guests, as well as undertake maintenance and landscaping. Each unit will contain locally made furniture and car parking will be provided in close proximity to each cabin. Each cabin will be connected to Council's reticulated water supply and will be serviced by on-site wastewater disposal (septic). Access to the proposed cabins will be from Shiva Close via the sites existing access arrangements over Easements A and B on SP226638. The shared driveway within this easement is predominately bitumen sealed (approximately 80 metres remains unsealed).

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. Kuranda is identified


as a Village Activity Centre in the Regional Plan. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site as containing:

State & Regional Conservation Corridors

Terrestrial Area of High Ecological Significance

PLANNING SCHEME DESIGNATIONS

Planning Scheme Definitions

The proposed use is defined as:-

"Host farm means the use of premises for tourist accommodation in conjunction with agriculture, animal husbandry or forestry purposes. The term also includes accommodation on rural allotments which are non bona fide farms but which have wilderness areas or areas of ecological or cultural significance."

RELEVENT 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 development is for three host farm cabins, two of which will be constructed amongst existing rainforest vegetation mapped as high ecological significance (third cabin is existing). These two cabins will be constructed in areas where the canopy is open or damaged to minimise impacts on the sites significant vegetation. The proposed host farm cabins will be marketed as a rainforest experience and the venture is considered to be dependent on the sites ecological values. The applicant also proposes the revegetation of any disturbed areas. Although vegetation clearing/alienation is unavoidable in this instance, it is considered the development, as a whole, will

Strategic Framework designation: Major Urban Growth Node (Kuranda)

Zone: Rural

Overlays Significant Vegetation Overlay Natural Disaster - Bushfire Overlay


not compromise the sites ecological values/attributes.

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 development is for three host farm cabins, two of which will be constructed amongst existing rainforest vegetation mapped as high ecological significance (third cabin is existing). These two cabins will be constructed in areas where the canopy is open or damaged to minimise impacts on the sites significant vegetation. The proposed host farm cabins will be marketed as a rainforest experience and the venture is considered to be dependent on the sites ecological values. The applicant also proposes the revegetation of any disturbed areas. Although vegetation clearing/alienation is unavoidable in this instance, it is considered the development, as a whole, will not compromise the sites ecological values/attributes.

DRO 5.5 Tourist Development Land Use Policy Complies Comments

5.5.2 Tourist development, including

development that incorporates short-term accommodation for tourists, may be undertaken within the regional landscape and rural production area where there is an identified need in a subregion and the accommodation: (a) is of a nature and scale that is

sympathetic to the maintenance of the regional landscape and rural production values

(b) minimises the impact on good-quality agricultural land

(c) avoids areas of high ecological significance and coastal hill slopes and headlands (see sections 1.1 and 2.3).

Complies - The proposed host farm cabins will be of a scale and nature that is sympathetic to the RLRPA and will not impact on any GQAL. Although some clearing of vegetation mapped as HES will be conducted on site, clearing will be limited to a select number of trees only as the cabins will be situated where the rainforest canopy is opened and damaged. The cabins will be built on-site and not transported in which will further reduce the amount of clearing required for the development. Additionally, minor clearing will be required for vehicular access. It is considered the proposed development generally complies with Land Use Policy 5.5.2.

DRO 7.1 Protection of Waterways, Wetlands and Water Quality

Land Use Policy Complies Comments

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.

The development can be conditioned to comply. The development will be serviced by town water supply and will utilise on-site wastewater disposal. The proposed development is not likely to detrimentally impact on the nearby Barron River.

(b) State Planning Policy

Queensland State Planning Policy - December 2013

State Interest Complies Assessment Requirements & Comments

Natural hazards

A development application for a material change of use, reconfiguring a lot or

For all natural hazards:

Development:

(1) avoids natural hazard areas or mitigates the risks


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.

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 proposed development is for short term accommodation only and will not result in an increase in people working or living in a bushfire hazard area. The cabins are able to be easily evacuated and the development will be connected to a town water supply. Furthermore, the site is easily accessible by emergency services vehicles. A condition can be attached to any approval requiring the preparation of a bushfire management and evacuation plan. The development can be conditioned to comply with this aspect of the SPP.

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

Relevant Desired Environmental Outcomes 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 proposed development is for three host farm cabins, two of which will be constructed amongst existing rainforest vegetation mapped as high ecological significance (third cabin is existing). These two cabins will be constructed in areas where the canopy is open or damaged to minimise impacts on the sites significant vegetation. The proposed host farm cabins will be marketed as a rainforest experience and the venture is considered to be dependent on the sites ecological values. The applicant also proposes the revegetation of any disturbed areas. Although vegetation clearing/alienation is unavoidable in this instance, it is considered the development, as a whole, will not compromise the sites ecological values/attributes.

(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 construction of the two new cabins will require minimal clearing as these cabins will be located where the existing canopy is open or damaged. Minor clearing will also be required for vehicular access to each cabin. The proposed cabins will be marketed as rainforest accommodation and are considered to be dependent on the sites natural vegetation and


ecological values. The applicants also propose the revegetation of any disturbed areas in order to attract wildlife such as birds and butterflies in order to enhance the experience provided on site.

(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.

The proposed cabins will be serviced by on-site wastewater disposal as there is no reticulated sewerage infrastructure on the northern side of the Barron River, at Kuranda.

(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

The proposed host farm accommodation will target the higher end B & B / host farm market offering a tropical rainforest experience in close proximity to the Kuranda Village.

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

The proposed development will be accessed from Shiva Close which is constructed to a bitumen sealed standard for its entire length. The development will be serviced by town water.

(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 mapping available for the locality indicates that the development site is not expected to be impacted by flooding from the Barron River in a Q100 flood event.

(l) Residential uses are consolidated in identified urban nodes, including the existing townships and settlements and the rural landscape is protected from encroachment of urban uses.

Despite being mapped as Rural, the subject site is situated immediately adjacent a rural residential area and is connected to town water supply. The site is considered to be a rural living allotment. The proposed development does not encroach on any truly rural land.

(p) The Kuranda Village’s role and identity not only as an international tourist destination but as a residential centre and a functional service location for the wider district is protected and enhanced whilst ensuring the community’s harmony and a sense of place is maximised through ensuring that the mix between tourists and residents meets the needs of both groups.

The proposal contributes to Kuranda's role and identity as a tourist destination, residential centre and functional service location. The proposal capitalises on and contributes to the localities identity and sense of place by providing a low key, nature based use that contributes to the mix of tourists and residents.

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 6 Significant Vegetation Overlay Code Part 5, Division 8 Natural Disaster - Bushfire Overlay Code Part 6, Division 5 Car Parking Code Part 6, Division 11 Host Farm 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.

Relevant Codes Comments

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


Significant Vegetation Overlay Code

The application is considered to comply with the acceptable/probable solutions contained within the code.

Natural Disaster - Bushfire Overlay Code

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

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

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

Probable Solution PS1 (i) and (ii)

Probable Solution PS2

Probable Solution PS3.2

Refer to planning discussion section of report.

Landscaping Code The proposed development is for 3 host farm tourist cabins situated adjacent to or amongst existing mature rainforest vegetation. It is considered the development will be effectively screen from view from adjoining properties and Shiva Close/Black Mountain Road users.

In this instance, additional landscaping or vegetated buffering is not considered necessary or appropriate.

(e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 4 - Development Manual Conditions will be attached to any approval requiring all development works to be designed and constructed in accordance with the FNQROC Development Manual. (f) Adopted Infrastructure Charges Notice Based on Council records, the subject site is considered to have two existing dwellings, a larger dwelling house and a smaller cottage. The smaller cottage has been retrofitted for use as one of the three proposed host farm tourist cabins. As such, any credits that exist over the site for this cottage should be considered when calculating infrastructure charges associated with the development. The cottage is considered to contribute a credit of 1 EDC for both water supply and augmentation of the road network (10 vehicle movements per day). Water Supply The development will be connected to Council's reticulated water supply network. The subject site is located within the Kuranda Low Level Zone water supply area. In accordance with Planning Scheme Policy No. 2 - Headworks Charges for Water Supply and Sewerage, a contribution towards water supply headworks is applicable.


In accordance with Schedule A of Planning Scheme Policy 2, the following EDC equivalency rates apply:

0.5 EDC per host farm cabin

Existing credit (cottage) - 1 EDC Therefore the applicable water supply EDC = (3 Cabins x 0.5) - 1 = 0.5 EDC Based on the 2014/2015 water supply headworks contribution rate for the Kuranda low level zone (see Fees and Charges Schedule), the following contribution is payable:

0.5 EDC x $5,160.00 = $2,580.00 Roadworks For past tourist cabin development, the applicable road contribution has been established using the assumption that each cabin would generate an average of 2 vehicle movements per day (vmpd) or 0.2 EDC per cabin.

2 vmpd per cabin (0.2 EDC)

Existing credit (cottage) - 10 vmpd (1 EDC)

The proposed development equates to 0.6 EDC which is less than the 1 EDC credit for the established cottage. Based on this calculation, the proposed host farm cabins will not result in an increase in vehicle movements and an augmentation of the road network contribution is not considered necessary in this instance. REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies. Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Engineering - Access

PUBLIC NOTIFICATION The development proposal was placed on public notification from 12 November 2014 to 4 December 2014. The applicant submitted the notice of compliance on 8 December 2014 advising that the public notification requirements were carried out in accordance with the requirements of the Act. No submissions were received.


PLANNING DISCUSSION Non-compliance with the relevant acceptable/probable solutions contained within the Host Farm Code are discussed as follows: Host Farm Code S1 Host farm accommodation is provided in association with a rural use.

PS1 The host farm accommodation is as follows:

(i) A maximum of eight (8) guests in no more than two separate dwelling houses; and

(ii) Only one (1) dwelling house is provided in addition to the farm dwelling house.

Comment The proposed development is for host farm tourist accommodation for a maximum of 6 guests in 3 separate cabins and is therefore non-compliant with probable solution PS1. Although the proposed development differs from traditional host farm accommodation (farm stay), the 'host farm' definition does include the following: "… includes accommodation on rural allotments which are non bona fide farms but which have wilderness areas or areas of ecological or cultural significance". The proposed host farm tourist cabins will promote the sites ecological attributes, aiming to provide guests with a tropical rainforest experience within close proximity to the Kuranda Village. The development is considered to be consistent with the Planning Scheme's definition for host farm accommodation and specific outcome S1 and probable solution PS1 are not considered relevant in this instance.

S2 Dwelling houses used for host farm accommodation are sited so as not to inhibit normal farming operations and are provided with adequate water and effluent disposal services. PS2 Additional dwelling houses used for host farm accommodation are located

within 100 metres of the farmer's dwelling house and setback 100 metres from farming operations on adjoining properties.

Comment The three proposed host farm cabins will be situated approximately 20 - 30 metres from the sites southern property boundary; therefore, the development is non-compliant with probable solution PS2. As discussed above, the proposed development differs from traditional host farm accommodation in that it does not provide tourist accommodation in conjunction with agriculture or animal husbandry uses. Instead, the development provides tourist accommodation that promotes the sites ecological attributes (tropical rainforest). The subject site is situated in a semi-urban area and is surrounded by a mix of both rural residential allotments and small rural living allotments. No allotments immediately


surrounding the site contain agricultural or animal husbandry uses. The proposed development will be serviced by town water supply and on-site wastewater disposal. It is considered the proposed development would satisfy specific outcome S1.

S3 The amenity of the locality is maintained. PS3.1 … PS3.2 All new buildings and structures are located at least 100 metres from property

boundaries.

Comment The proposed host farm cabins will be situated approximately 20 - 30 metres from the sites southern property boundary; therefore, the development is non-compliant with probable solution PS3.2. It should be noted that the closest cabin, which is situated approximately 20 metres from the sites southern boundary is existing, while the two new cabins will be sited a minimum of 30 metres from this same boundary. Despite being situated within close proximity to the sites southern boundary, this boundary is shared with an adjoining lots access handle only. Given the low intensity nature of the use, and keeping in mind one of the proposed cabins is existing, and the two new cabins will be effectively screened from view from by mature rainforest vegetation, the proposed development is not likely to detrimentally impact on the amenity of the area. Furthermore, the vehicular traffic associated with the proposed development is likely to be minimal when compared to traffic that could be generated by the continued lawful use of the sites cottage as a second household.

Date Prepared: 7 January 2014


ATTACHMENT 1 APPROVED PLANS (DWS VS 3605946)


ITEM-2 APPLICATION FOR PURCHASE OF UNALLOCATED STATE LAND - PART OF LOT 243 ON AP17374, PARISH OF SMITHFIELD


MEETING: Ordinary


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 purchase of unallocated state land described as part of Lot 243 on AP17374 and shown as Lot B on Drawing CNS14/060P. The subject land currently provides vehicle access to the dwelling house on adjoining Lot 1 on RP708707 and if the purchase is successful, the land would continue to be used for access purposes. DNRM seeks Council's views on the proposed land purchase 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 purchase of unallocated state land described as part of Lot 243 on AP17374, shown as Lot B on Drawing CNS14/060P, subject to this land being amalgamated with Lot 1 on RP708707, 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 purchase of unallocated state land described as part of Lot 243 on AP17374 and shown as Lot B on Drawing CNS14/060. Lot B on CNS14/060 has an area of approximately 7,450 square metres and is located immediately to the east of Skyrail's Red Peak Station, and to the west of Lot 1 on RP708707. The land is presently used as access to the dwelling house on Lot 1 on RP708707 and has also been developed with landscaping and lawn areas which are enjoyed by the residents of this same dwelling house.


It is understood that the existing uses of Lot B on CNS14/060P have been occurring since the development of the original Barron Falls Power Station. Should the purchase be successful, it is expected that the land will continue to be used for access purposes. DNRM seeks Council's views on the proposed purchase and 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

Lot B on Drawing CNS14/060P is zoned Open Space under the Mareeba Shire Planning Scheme 2004. The continuation of the historic access and garden usage is considered an existing use right. The purchase of Lot B on CNS14/060P should be conditional on this land being amalgamated with adjoining Lot 1 on RP708707 and not being created as a separate allotment. In terms of any local non-indigenous cultural heritage values associated with the land, there are remnants of the original Barron Falls Power Station scattered throughout the locality however Council officers do not believe any of these remnants are located within Lot B on CNS14/060P.

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 8 January 2015 Date Prepared: 8 January 2015


ATTACHMENT 1


ITEM-3 APPLICATION FOR CONVERSION OF TERM LEASE TO FREEHOLD - LOT 249 ON CP818009, PARISH OF BILLGOLLA


MEETING: Ordinary



EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the conversion of Term Lease PH18/249 over land described as Lot 249 on CP818009, Parish of Billgolla to freehold. Should the conversion be successful, it is proposed that the land be used for grazing purposes. 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 249 on CP818009, Parish of Billgolla 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 PH18/249 over land described as Lot 249 on CP818009, Parish of Billgolla. Lot 249 on CP818009 has a total area of 44,000 hectares which is spread across the local government areas of Mareeba Shire and Etheridge Shire. The portion of Lot 249 within Mareeba Shire ("the land") is approximately 40,000 hectares in area and forms the southern-most projection of the Mareeba Shire. The land is centred around the locality of St Ronans and is situated on the Gulf Developmental Road approximately 40 kilometres east of Mt Surprise. Should conversion application be successful, it is expected that the land will continue to be used for grazing purposes. DNRM seeks Council's views on the conversion to freehold.




Nil

CONSULTATION



Nil

POLICY IMPLICATIONS

The portion of Lot 249 located within the Mareeba Shire is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the use of the land for grazing purposes.


Council officers have no knowledge of any non-indigenous cultural heritage values associated with the subject land.





ATTACHMENTS

1. Department of Natural Resources and Mines letter of 17 December 2014 Date Prepared: 18 December 2014


ATTACHMENT 1


ITEM-4 APPLICATION TO REMOVE CONDITIONS AND RENEW SPECIAL LEASE 9/48114 - LOT 229 ON NR808489, PARISH OF FORMARTINE


MEETING: Ordinary



EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the removal of three (3) conditions from Special Lease 9/48114 and to concurrently renew the lease over land described as Lot 229 on NR808489, Parish of Formartine, situated at Shanty Creek Road, Mareeba. The subject conditions relate to the previous use of the land for rehabilitation purposes in association with the Fred Leftwych Rest Home/Rose Collis Haven on neighbouring Lot 230 on NR808489 and a general fencing condition. It is proposed to delete the subject conditions and renew the lease for the purpose of primary production/agriculture purposes. DNRM seeks Council's views on the removal of the conditions and the renewal of the special lease for primary production/agriculture purposes. In addition DNRM seeks Council's views on the conversion of the special lease to freehold and whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.


"That Council offer no objection to the removal of the three M76 conditions from Special Lease 9/48114 and to the renewal of the special lease over Lot 229 on NR808489, Parish of Formartine for primary production or agricultural purposes. Further, that Council advise the Department of Natural Resources and Mines that Council has no knowledge of any non-indigenous cultural heritage values associated with Lot 229 on NR808489 and Council has no objection to a conversion of the special lease to freehold."

BACKGROUND

DNRM is currently considering two (2) concurrent applications for the removal of three (3) conditions from Special Lease 9/48114 and the renewal of the special lease over land described as Lot 229 on NR808489, Parish of Formartine, situated at Shanty Creek Road, Mareeba.


The three (3) conditions, as detailed in Attachment 1 of this report, relate to the previous use of the land for rehabilitation purposes in association with the Fred Leftwych Rest Home/Rose Collis Haven on neighbouring Lot 230 on NR808489 and a general fencing condition. The subject land has an area of 70.17 hectares and is located immediately to the west of the former Fred Leftwych Rest Home/Rose Collis Haven facility. Aerial imagery of the subject land shows it as remaining extensively vegetated. DNRM has requested Council's views on the removal of the conditions and the renewal of the special lease for the purpose of primary production or agriculture purposes. Although no application has been made to DNRM for conversion to freehold, the Department also seeks Council's views on the future conversion of the special lease to freehold and whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.





Nil

CONSULTATION



Nil

POLICY IMPLICATIONS

The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. The proposal to renew the special lease for primary production or agricultural purposes is consistent with the intent of the Rural zone.


There is no planning objection to the deletion of the subject conditions. There is also no planning grounds to oppose a future conversion to freehold. Council officers have no knowledge of any non-indigenous cultural heritage values associated with the subject land.


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



ATTACHMENTS

1. Department of Natural Resources and Mines letter dated 17 December 2014 Date Prepared: 18 December 2014


ATTACHMENT 1


ITEM-5 EXTENSION TO RELEVANT PERIOD - NITSCHKE FAMILY TRUST - MATERIAL CHANGE OF USE - ANIMAL HUSBANDRY INTENSIVE (EXPANSION OF POULTRY FARM FROM 3 TO 5 SHEDS) - LOT 3 RP708045 - 1004 BILWON ROAD, BIBOOHRA - MCU/09/0025


MEETING: Ordinary



FILE NO MCU/09/0025 AREA 24.382 hectares

LODGED BY Nitschke Family Trust OWNER C & H Nitschke

PLANNING SCHEME

Mareeba Shire Planning Scheme 2004 (amendment no. 1 of 2007)

ZONE Rural zone

LEVEL OF ASSESSMENT

Code Assessment

SUBMISSIONS n/a

ATTACHMENTS: 1. Decision Notice dated 27 July 2010

2. Applicant’s request to extend relevant period dated 19 May 2014 3. Queensland Guidelines Meat Chicken Farms Appendix 2 -

Calculating separation distances

EXECUTIVE SUMMARY

Council approved a development application described in the above application details at it’s meeting held on 21 July 2010, subject to conditions. The application was code assessable and was not required to undergo public notification.


APPLICANT Nitschke Family Trust ADDRESS 1004 Bilwon Road, Biboohra

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED

29 May 2014 RPD Lot 3 on RP708045

TYPE OF APPROVAL

Development Permit


Material Change of Use - Animal Husbandry - Intensive (expansion of poultry farm from 3 to 5 sheds)


The applicant has subsequently lodged an application to extend the relevant period for a further four (4) years from 27 July 2014 to 27 July 2018. One (1) of the two (2) sheds approved under Development Approval MCU/09/0025 has been constructed. The second shed is not proposed for construction until demand for additional chickens increases. There have been a significant number of odour/dust complaints since the construction of the first shed. On 28 March 2013, Council issued the applicant with a Notice to Commission an Environmental Evaluation. The issues raised in the Notice to Commission an Environmental Evaluation remain unresolved. In 2012, the Department of Agriculture, Fisheries and Forestry, (DAFF) released the Queensland Guidelines Meat Chicken Farms which includes the S-factor formula, an accepted methodology to establish separation distances for meat chicken farms below 300,000 birds. Applying the S-factor formula to development approval MCU/09/0025 establishes a separation distance of 776.67 metres. There are at least eight (8) existing dwelling houses within this distance. As a result of the development approval's non-compliance with the s-factor separation distance and the failure to adequately deal with the Notice to Commission an Environmental Evaluation, Council officers are unable to support an extension of development approval MCU/09/0025. It is recommended that the application be refused.


“1. That in relation to the application to extend the relevant period for the following development approval:

and in accordance with the Sustainable Planning Act 2009,

(A) The application to extend the relevant period be refused. The relevant period must remain as decided by Council on 21 July 2010.


APPLICANT Nitschke Family Trust ADDRESS 1004 Bilwon Road, Biboohra

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED

29 May 2014 RPD Lot 3 on RP708045

TYPE OF APPROVAL

Development Permit


Material Change of Use - Animal Husbandry - Intensive (expansion of poultry farm from 3 to 5 sheds)


Reason for refusal The reason for refusal is that the development approval is no longer considered to be consistent with the current laws and policies applying to Animal Husbandry-Intensive (poultry farms). In 2012, the Department of Agriculture, Fisheries and Forestry (DAFF) released the Queensland Guidelines Meat Chicken Farms. The Queensland Guidelines Meat Chicken Farms establishes the s-factor formula as an accepted means of determining the adequacy of separation distances for meat chicken farms with less than 300,000 birds. The development approval does not comply with the s-factor formula.

2. A Notice of Council’s decision be issued to the applicant advising of Council’s decision”.

THE SITE

The subject land is described as Lot 3 on RP708045, Parish of Formartine, County of Nares, situated at 1004 Bilwon Road, Biboohra. The subject land has an area of 24.382 hectares, with frontages of 390 metres to Bilwon Road and 620 metres to an unnamed road reserve. Access to the land is obtained via Bilwon Road. The relevant section of Bilwon Road is constructed to 5.5 metre wide bitumen standard. The unnamed road reserve is not formed as a public road; instead it acts as a single property access. The land is currently used for animal husbandry-intensive (poultry farm) and horticulture purposes. Four (4) chicken raising sheds are positioned adjacent to the Bilwon Road frontage of the subject land. The three (3) smaller chicken raising sheds were established under town planning consent C27/93 issued by Council in November 1993. The fourth chicken raising shed was established under development approval MCU/09/0025. The ventilation fans for all sheds primarily extract air in the direction of Bilwon Road. A dwelling house and several farm sheds are constructed on the subject land. These structures are located to the east of the existing poultry sheds. The eastern half of the subject land retains most of its original remnant vegetation. The proposed development site has been previously cleared. All properties in the locality are zoned Rural under the Mareeba Shire Planning Scheme and are mostly used for rural living purposes. Four (4) dwelling houses are established within 750 metres of the western end of the existing and proposed poultry sheds. These dwelling houses were in existence prior to the development of the poultry farm in 1993.


BACKGROUND

On 24 November 1993, Council issued Town Planning Consent Permit C27/93 authorising the establishment of a poultry farm on Lot 3 on RP708045, Parish of Formartine, situated at 1004 Bilwon Road, Biboohra. Three (3) poultry sheds were established under this approval. Council, at its Ordinary Meeting held on 21 July 2010, resolved to issue a development permit (MCU/09/0025) for the application made by Nitschke Family Trust for Material Change of Use - Animal Husbandry-Intensive (expansion of poultry farm from 3 sheds to 5 sheds) on land described as Lot 3 on RP708045, Parish of Formartine, situated at 1004 Bilwon Road, Biboohra. To date, the applicants have constructed and commenced the use of the fourth poultry shed. The timing for the construction of the fifth poultry shed is uncertain as its development is dependent on Baiada's Mareeba Processing Plant requiring additional chickens. The fifth shed will not be constructed until the processing plant requires the additional chickens and this will not occur before the existing relevant period for Development Permit MCU/09/0025 ends on 27 July 2014. The applicants have subsequently lodged an application to extend the relevant period for a further four (4) years from 27 July 2014 to 27 July 2018 (Attachment 2). The applicants hope that the additional time will allow the demand for chickens to increase sufficiently to warrant the construction of the fifth shed.

ASSESSMENT AND DECISION REQUIREMENTS Assessment rules Section 388 of SPA requires that Council must have regard to:

the consistency of the approval, including its conditions, with the current laws and policies applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under chapter 8, part 1.

Applicable Planning Instruments

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

The application was assessed and approved under the Mareeba Shire Planning Scheme 2004. This Planning Scheme remains in force. The development remains assessable against the Planning Scheme's Animal Husbandry-Intensive Code. Specific Outcome S4 of this Code is as follows: S4 Air Quality

The emission of any odour, dust and air pollutants is minimised to ensure no nuisance is caused beyond the site boundaries.

The development's predicted compliance with this specific outcome was assessed through an odour survey carried out by a local consultancy firm.


Whilst it was predicted that the development would satisfy specific outcome S4, since the erection of the first of the two (2) sheds, there have been regular reports of odour and dust nuisance from nearby neighbours. In 2012, the Department of Agriculture, Fisheries and Forestry (DAFF) released the Queensland Guidelines Meat Chicken Farms. DAFF advises that the purpose of the guidelines is to provide consistent information for the planning and development of meat chicken farms to:

assist local government to include relevant provisions in Local Government Planning Schemes

assist proponents with the development of a new meat chicken farm or the expansion of an existing farm

provide information about the meat chicken production system to assist local government officers in assessing development applications

provide an overview of planning frameworks and the development assessment process

Whilst these guidelines are not currently reflected in the Planning Scheme, use of the guidelines by Council and proponents is recommended as they are considered to be best practice and will respond to the potential for environmental and health impacts associated with meat chicken farms. Performance Criteria P1 and Acceptable Outcome A1 of Section 4.1 Location and Site Selection of the Queensland Guidelines Meat Chicken Farms are as follows: P1 Meat chicken farms must:

be developed so as not to cause unlawful environmental harm as a result of: - noise

- odour, particulate matter or other air emission

- water contamination

- visual appearance

- traffic associated with the farm

- lighting

be separated from one another to minimise the risk of animal to animal disease transfer between farms

be elevated to enable adequate ventilation and drainage

have adequate vehicle access

not be subject to flooding

be provided with a reliable water supply and electricity supply

be located within reasonable proximity to processing plants


not interfere with sites or places of significant cultural heritage or nature conservation

A1 The meat chicken farm is separated from:

- non-rural zones

- sensitive land uses in the rural zone

- surface water, wells and bores

- declared fish habitats defined in the Fisheries Act 1994 and regulation

- High Ecological Value waters defined in the Environmental Protection

(Water) Policy 2009 (EPP Water).

The Queensland Guidelines Meat Chicken Farms defines sensitive land use as follows:

Sensitive land use – Means each of the following defined uses: child care centre, community care centre, community residence, dual occupancy, dwelling house, educational establishment, health care services, hospital, hostel, multiple dwelling, office, relocatable home park, residential care facility, retirement facility, short-term accommodation, tourist park.

The Queensland Guidelines Meat Chicken Farms recommends two (2) methodologies to assess the adequacy of separation distances and ensure compliance with P1 and A1. These are the s-factor formula and plume (odour) dispersion modelling. An extract of the Queensland Guidelines Meat Chicken Farms which outlines both methodologies is provided as Attachment 3 of this report. The applicant has not carried out plume (odour) dispersion modelling for the expanded farm. The s-factor formula is an accepted means of determining the adequacy of separation distances for poultry farms with less than 300,000 birds. If a new application was lodged today, Council officers would use the s-factor to determine compliance with Specific Outcome S4 of the Planning Scheme's Animal Husbandry-Intensive Code. (i) S-factor formula An s-factor formula was originally devised in Queensland for use in the feedlot industry. Due to its success, the State Government has developed a similar s-factor formula specifically for use in the meat chicken industry. The s-factor formula allows for the rapid and simple assessment of separation distances for meat chicken farms with up to 300,000 birds. The s-factor formula is not suitable to use for meat chicken farms with more than 300,000 birds.


The actual formula is: Separation distance (D) = N 0.63 X S1 X S2 X S3 N - Maximum number of birds on the farm at one time divided by 1,000 0.63 - Fixed meat chicken farming exponent value S1 - Value attributed to land use S2 - Value attributed to surface roughness S3 - Terrain weighting

MCU/09/0025 s-factor: The expanded farm comprising 3 sheds x 25,000 birds and 2 sheds x 50,000 birds N = 175 (Total expanded farm = 175,000 birds) S1 = 1 (Rural zone) S2 = 30 (surrounded by short grass/limited ground cover) S3 = 1 (flat terrain) S-factor separation distance calculation = 1750.63 x 30 x 1 x 1 = 776.67 metres There are at least eight (8) existing dwelling houses within the 776 metre s-factor determined separation distance. As a result of the development approval's non-compliance with the s-factor separation distance and the failure to adequately deal with the Notice to Commission an Environmental Evaluation, Council officers are unable to support an extension of development approval MCU/09/0025.

Far North Queensland Regional Plan 2009-2031 The Far North Queensland Regional Plan 2009-2031 placed the subject land within the Regional Landscape and Rural Production Area. Development Approval MCU/09/0025 was consistent with this designation.

State Planning Policies On 2 December 2013 (amended July 2014), the Department of State Development, Infrastructure and Planning 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. The development approval is not considered to be in conflict with any relevant aspect of the SPP.

Applicable Infrastructure Charges Development Approval MCU/09/0025 was not subject to fixed contributions.


the community’s awareness of the development approval The original development application was Code Assessable and therefore was not subject to statutory public notification. Informal comments were sought from neighbours in line with Council's resolution of 16 December 2009. Seven (7) neighbours responded in opposition to the expansion and one (1) neighbour responded with conditional support. Considerable odour and dust complaints were received following the erection of the first additional shed and it is likely that the local community continues to be very aware of this development approval.

whether, if the request were refused – (i) further rights to make a submission may be available for a further development

application; and (ii) the likely extent to which those rights may be exercised; A further development application would be Code Assessable and therefore not subject to statutory public notification.

the views of any concurrence agency for the approval given under section 385. The original application triggered referral to Council as concurrence agency for a devolved environmentally relevant activity (poultry farming). Following ongoing odour and dust complaints, Council issued the applicant with a Notice to Commission an Environmental Evaluation on 28 March 2013. This Notice remains outstanding. Council's Environmental Health Officer would not support an extension to this development approval whilst the issues raised in the Notice to Commission an Environmental Evaluation remain unresolved.

Date Prepared: 10 November 2014


ATTACHMENT 1


ATTACHMENT 2


ATTACHMENT 3


ITEM-6 REVIEW OF ADVERTISING BILLBOARD POLICY DOCUMENT INFORMATION

MEETING: Ordinary



EXECUTIVE SUMMARY

Council at its Ordinary Meeting held on 16 December 2009 resolved to adopt the Policy for the Assessment of Advertising Billboards within the former Mareeba Shire to provide guidance for the assessment of advertising billboard applications. The policy was last amended in December 2011 and as a consequence it does not reflect the changes brought about by de-amalgamation. A review of the policy has determined that it remains appropriate subject to minor title changes making it a Mareeba Shire Council document. These changes have been made and the revised policy is submitted for Council's adoption.


"That Council adopt Version 3 of the Policy for the Assessment of Advertising Billboard (as attached to this report)."

BACKGROUND

Council at its Ordinary Meeting held on 16 December 2009 resolved to adopt the Policy for the Assessment of Advertising Billboard within the former Mareeba Shire to provide guidance for the assessment advertising billboard applications with the rural zone of the Mareeba Shire. An amendment of the policy (Version 2) was adopted by Council on 21 December 2011. Version 2 was an administrative update made necessary by Council's adoption of new local laws on 7 December 2011. The purpose of the policy remains as follows:

"The purpose of this policy is to ensure that the provision of advertising billboards within the rural zone of the Mareeba Shire allows for the functional advertising requirements of businesses, while ensuring that the natural attributes of the Mareeba Shire are not compromised.


As a region that derives an increasing part of its income from tourism there is an especially strong need to ensure that all signage is well presented, aesthetically pleasing and complementary to the character and built form of the locality. The following development outcomes are promoted by this policy: a) Signage that adequately caters for the needs of business, to clearly identify the

goods and/ or services which are supplied to the public;

b) Signage that complements the local streetscape of its locality and presents a visually attractive appearance to public areas;

c) Signage that is safely secured and does not pose a physical hazard to motorists, pedestrians, cyclists and residents on adjoining sites;

d) Signage that does not detract from the operation and safety of the major arterial road routes in the region; and

e) Signage that complements the objectives for the provision of attractive tourist scenic routes into and out of the Mareeba Shire."


ENV3 Appropriate consideration is given to planning and development controls, design guidelines, traditional ownership and sustainable development principles when making planning decisions.

CONSULTATION



Nil

POLICY IMPLICATIONS

A review of the policy has determined that it remains appropriate subject to several minor amendments. The proposed amendments are as follows:

Renaming of the policy from Policy for the Assessment of Advertising Billboards within the former Mareeba Shire;

Change of corporate branding from TRC to MSC;

Amending references of TRC to MSC throughout;





The revised policy will be made available on Council's website.

ATTACHMENTS

1. Policy for the Assessment of Advertising Billboards - Version 3. Date Prepared: 9 January 2015


ATTACHMENT 1


ITEM-7 REVIEW OF ROAD NAMING POLICY DOCUMENT INFORMATION

MEETING: Ordinary



EXECUTIVE SUMMARY

Council at its Ordinary Meeting held on 18 August 2010 resolved to adopt a Road Naming Policy to provide guidance in the naming of new and unnamed roads. The Road Naming Policy remains unchanged since initial adoption and as a consequence the current policy does not reflect the changes brought about by de-amalgamation. A review of the policy has determined that it remains appropriate subject to several minor amendments to update the corporate styling from TRC to MSC, to remove districts no longer within the Mareeba Shire Local Government area and to include several additional names. These amendments have been made and the revised policy is submitted for Council's adoption.


"That Council adopt Version 2 of the Road Naming Policy (as attached to this report)."

BACKGROUND

Council at its Ordinary Meeting held on 18 August 2010 resolved to adopt a Road Naming Policy to provide guidance in the naming of new and unnamed roads. The intent of this Policy is to: (a) Provide a list of approved names for defined districts throughout the Council area, for

use when developers select names for new roads which are constructed by private enterprise as part of new subdivisional developments within the Local Government Area (LGA);

(b) Provide a process for the naming of unnamed roads;

(c) Provide a process for the renaming of existing, named roads.



ENV3 Appropriate consideration is given to planning and development controls, design guidelines, traditional ownership and sustainable development principles when making planning decisions.

CONSULTATION



Nil

POLICY IMPLICATIONS

A review of the policy has determined that it remains appropriate subject to several minor amendments. The proposed amendments are as follows:

Change of corporate branding from TRC to MSC;

Amending references of TRC to MSC;

Removal of those defined districts no longer within the Mareeba Shire Local Government area, resulting in a reduction from 15 to 6 defined districts.

The following additional names have been added in accordance with previous Council resolutions:

Russell (Mareeba) - Council meeting of 1 August 2006;

Orchard (Mareeba) - Council meeting of 1 August 2006;

Buhmann (Kuranda) - Council meeting of 15 November 2005. The Mayor has proposed that following name be added for the Mareeba district:

Simpson (Mareeba) - Barry Simpson, long term Mareeba resident and prominent media figure.





The revised policy will be made available on Council's website.

ATTACHMENTS

1. Road Naming Policy - Version 2. Date Prepared: 6 January 2015


ATTACHMENT 1


GRANTS AND CORPORATE AND COMMUNITY PLANNING

ITEM-8 TROPICAL TABLELANDS TOURISM - MSC FINANCIAL CONTRIBUTION


MEETING: Ordinary


REPORT OFFICER’S TITLE: Senior Engagement Officer DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

This report considers the request for a financial contribution by Tropical Tablelands Tourism (TTT), the Local Tourism Organisation (LTO) responsible for tourism promotion for the "Atherton Tablelands" destination brand, which includes the Mareeba Shire. These matters have been discussed at six (6) Council workshops including presentations made by Tropical Tablelands Tourism and Tourism Tropical North Queensland (TTNQ). Council determined on 18 June 2014 to:

Consider providing funding for identified marketing and promotional projects and strategies with Tropical Tablelands Tourism presenting a marketing plan that outlines specific strategies and activities with identified budgets, time frames and outcomes.

Maintain Councillor representation and Officer ex-officio representation on the Tropical Tablelands Tourism Board.

Whilst Council acknowledges the contribution to tourism promotion and economic development made by Tropical Tablelands Tourism, Council's overall consideration is to ensure Council receives value for money and return on investment. Consequently Council has identified priority projects to fund during the 2014/15 financial year and have negotiated the introduction of quarterly reporting against project performance indicators.


"1. That Council provide a contribution of $16,200 upfront and thereafter two (2) quarterly payments of $8,100 (being for the quarters ending March and June 2015), subject to satisfactory performance and reporting to fund priority identified projects from the Tropical Tablelands Tourism Marketing Plan outlined in Attachment 1. 2. That Council's continued funding support is not guaranteed, however will continue to be provided during the 2015/16 and 2016/17 financial years on a quarterly basis provided satisfactory performance and reporting against annual Tropical Tablelands Tourism Marketing Plans. During this period the financial contribution from Council will decrease


incrementally with an expectation that by the 2017/2018 financial year TTT will be self-sustaining."

BACKGROUND

Tropical Tablelands Tourism is a not-for-profit, membership based, company limited, destination marketing organisation that represents the local tourism industry. It is the official Local Tourism Organisation for the Atherton Tablelands, with a strategic focus on pre-arrival destination marketing based on established consumer trend data which demonstrates that visitors finalise their holiday planning and holiday choice pre-arrival. TTT is run by voluntary Board of Directors who are supported operationally by professional contractors for administration services, marketing, and public relations to meet its corporate and strategic functions. TTT's funding proposal TTT has requested a 45:55 split of previous annual funding of $72,000 with MSC asked to contribute $32,400; this equates to 30% of TTT's annual budget. In accordance with TTT's constitution, annual funding provides Council with membership on the Board of Directors. To date, Tablelands Regional Council (TRC) have provided one quarter advance funding with the rest to be provided quarterly once MSC have funded TTT. If MSC chooses to reduce funding to TTT, TRC will also reduce funding proportionally to TTT. TTT have negotiated in good faith with MSC for the past eight (8) months, and are of the view that every MSC request raised has been dealt with proactively and actioned by TTT. Their expectation is for the full $32,400 core funding subsidy; this is $3.37 per rateable property. Priority marketing projects Council has been diligently working with TTT and TRC to determine suitable priority marketing projects with performance measures to fund from the 2014/15 Council budget - refer to Attachments 1 and 2. On 20 August 2014, TTT with Tropical Tourism North Queensland, presented their Marketing Plan 2014/15 to Council. This was followed by an internal Council workshop to review the Marketing Plan. As a result, a Council delegation met with TTT's Chairperson, Michael Trout MP and TTT's Finance and Governance Director, Michael Lawrence on 15 September 2014 to present Council's concerns and reinforce that Council funding is contingent on TTT reviewing its strategic operations. Strategic planning outcomes TTT held a strategic planning day on 14 November 2014 to review TTT's mission, Marketing Plan, governance, strategic alliances, contractor arrangements, and membership engagement - refer to Attachment 3. Key outcomes included:

The Marketing Plan to have a greater domestic marketing focus.

All contracts to be put to tender with contractors decisions by January TTT meeting.

Equal emphasis on product from northern and southern Tablelands in marketing.

Closer strategic links with Tourism Kuranda and Savannah Way.


The 2013/14 TTT Annual General Meeting was held on Thursday 11 December 2014. The 2014/15 Board of Directors elected are:

*Cr. Jenny Jensen - Mareeba Shire Council Note: Cr. Jenny Jensen as tendered her resignation and Council has recommended Cr. Allan Holmes as the MSC Director.

Rob Matthews - Kuranda Hotel - Kuranda region Director

*Elaine de Brueys - de Brueys Boutique Wines - Northern region Director

*Note: to be ratified at the next Board meeting on 20 January 2015

Michael Bowmaker - Australian Farm Tourism - Northern region Director/Vice Chair

Cr. Rod Marti - Tablelands Regional Council

Judy Cooper - Historic Village Herberton - Southern region Director

Alan Gillanders - Alan's Wildlife Tours - Southern region Director

Michelle Bell-Turner - Mungalli Creek Dairy - Southern region Director

Bram Collins - Undara Experience - Outback Director

Michael Lawrence - Special Interest Director/ Treasurer

Michael Trout - Special Interest Director/ Chairman Note: Bronwyn Cant is Secretary

The implications of reduced funding Without MSC funding for destination marketing, TTT believe "the destination will be negatively impacted with a decrease in exposure and therefore reduced number of visitors choosing the Atherton Tablelands as their next holiday destination". It is likely the organisation will fold as reduced funding from MSC would trigger reduced funding from TRC. TTT are already trading on their reserve funding now. It should be noted many other local tourism organisations (LTO) are faced with similar local government funding issues and some have folded, including Cape York Tourism in recent months. LTOs are part of a current state-wide structural reform process being led by the peak tourism body, Queensland Tourism Industry Council (QTIC). QITC are currently working on a bi-partisan structural reform package for the sustainable funding of LTOs, which plans to implement in 2015. Tropical Tablelands North Queensland executive officer, Alex De Waal, alluded to this at the TTNQ and Council meeting on 10 September 2014 at Peters Street Mareeba, when he said LTOs needed to maintain a "holding pattern" in 2014/15. It is likely the new LTO funding package will ease TTT's funding concerns and make them more sustainable. The new funding model is likely to be based on an accommodation and infrastructure ratio combined with local government funding. Organisational Sustainability Council has formed a strong view over six (6) months that TTT needs to develop strategies to ensure financial sustainability and independence from Council funding within three (3) years. Financial sustainability strategies should include more proactive membership campaigns targeted to tourism operators and the business community, membership engagement, and general public awareness by TTT to ensure long term viability and relevance. This is particularly important within the Mareeba Shire area.


Performance based reporting The Senior Engagement Officer has negotiated suitable key performance indicators to measure the strategic outcomes in the shire, should Council decide to contribute funding as requested. A streamlined reporting framework with responsive key performance indicators will now be developed to measure TTT's quarterly performance.


ECON 2: In partnership with local business, industry groups and economic and regional development organisations, continue to develop strategies to assist, strengthen, develop and promote existing and new businesses and industries.

CONSULTATION

Internal Chief Executive Officer Director Corporate and Community Services Manager Community Wellbeing Executive Officer, Tourism Kuranda Senior Kuranda Information Centre Officer Senior Mareeba Information Centre Officer Council workshops 2 April, 18 June, 20 August, 6 November, 3 and 17 December 2014 External Tablelands Regional Council Tourism Coordinator Tropical Tablelands Tourism (TTT) Tourism Tropical North Queensland (TTNQ)


Nil

POLICY IMPLICATIONS

Nil


Capital Nil Operating $32,400 allocated to TTT Is the expenditure noted above included in the 2014/2015 budget?

The original budget allocation was reduced in the three (3) month budget review to $10,000.


If not you must recommend how the budget can be amended to accommodate the expenditure Future budget review to be adjusted to reflect Council's commitment for 2014/15.


The Tropical Tablelands Tourism Board will be advised of Council's decision regarding the request for financial contribution.

ATTACHMENTS

1. Attachment 1: 2014/15 Strategies and request for funding by Tropical Tablelands Tourism

2. Attachment 2: Identified Tourism Promotional Outcomes 2014/15 3. Attachment 3: Update for Tropical Tablelands Tourism Strategic Planning Session 14

November 2014 Date Prepared: 9 January 2015


Attachment 1


Attachment 2


Attachment 3


FINANCE

ITEM-9 FINANCIAL STATEMENTS FOR THE PERIOD ENDING 31 DECEMBER 2014


MEETING: Ordinary


REPORT AUTHOR/ OFFICER’S TITLE: Manager Finance DEPARTMENT: Corporate & 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 December 2014.


"That Council note the financial report for the period ending 31 December 2014."

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 December 2014, Council shows an operational surplus of $3,930,292 compared to a budgeted YTD surplus of $2,031,839. 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 $18,788,246 and this represents an initial transfer of $17,000,000 from TRC. A final cash transfer (including interest) will take place on finalisation of the 31 December 2013 financial statements and will be based on the methodology provided in the Crowe Horwath report. The final Crowe Horwath report has been referred to the Minister.


Capital Expenditure Total capital expenditure of $9,907,095 (including commitments) has been spent for the period ending 31 December 2014 against the annual budget of $12,892,876. The graph below illustrates actual YTD expenditure and committed costs against the annual budget. Income Analysis Total income (including capital income of $1,376,386) for the period ending 31 December 2014 is $28,794,579 compared to the YTD budget of $24,854,396.

December 2014 - Snapshot

Total Operating Income $ 27,418,193 Total Operating Expenditure $ 23,487,901 Operating Surplus $ 3,930,292 Total Capital Income (grants, developer contributions) $ 1,376,386

Net Result - Surplus $ 5,306,678


The graph below shows actual income against budget for the period ending 31 December 2014.

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 actual income from Cemeteries ($28k), Building and Plumbing application fees ($33k) and Planning application fees ($15k) which were higher than anticipated.

Description

Actual YTD Budget YTD Note

Net Rates & Utility Charges 12,365,694 12,307,882

Fees & Charges 724,559 520,585 1

Operating Grants, Subsidies & Contributions 4,617,887 4,413,306

Interest Received 209,977 288,043

Works for Third Parties 7,462,883 5,418,233 2

Other Revenue 2,037,193 1,906,347 3

Capital Income 1,376,386 - 4


2. The December RMPC claim is to be lodged in mid-January and is expected to be around $105k.

A number of significant third party works projects have been completed and claims submitted during the period ending 31 December 2014. One further project is set to commence in January 2015. Budgets have not been set for works unless authorisation to proceed has been provided by DTMR.

The December invoice for SITA waste levy and weighbridge charges was raised in January for $190k.

4. $465k relates to developer contributions. Capital grants of $832k relates mainly to the construction of the pump station at Ibis Dam ($54k) and the Mareeba Sewerage Treatment Plant upgrade ($30k), Roads to Recovery ($577k) and TIDS ($144k).

Expenditure Analysis

Total expenses for the period ending 31 December 2014 is $23,487,901 compared to the YTD budget of $22,822,557. The graph below shows actual expenditure against budget for the period ending 31 December 2014.


Loan Borrowings

Council's loan balances as at 31 December 2014 are as follows:

Rates and Sundry Debtors Analysis

Rates and Charges The total rates and charges payable as at 31 December is $1,787,938.48. Rates were levied on 18 August for the six months July to December 2014, with the discount period closing on 18 September 2014. Total Gross Rates and Charges levied for the 6 month period was $13,085,505. The anticipated issue date for the next instalment of rates is 17 February 2015. On 5 November 2014, 435 properties were sent to Collection House with a combined value of $656,283.28. Collection House collected $202,870 for the month of December. The outstanding amount for properties currently with debt collection is $821,613.89. Sundry Debtors

The total outstanding for Sundry Debtors as at 31 December is $4,205,295.12 which is made up of the following:

$563,532.52 or 37% of outstanding debtors 30 days or greater relate to government departments.

Description

Actual YTD Budget YTD Note

Employee expenses 7,883,907 7,830,284

Materials & Services 11,077,237 10,565,666

Depreciation expenses 4,446,912 4,323,040

Finance & Borrowing costs 79,845 103,567

QTC Loans $2,068,568

De-amalgamation working capital facility

$5,083,677 (pending interest

adjustments)

Current 30 days 60 days 90 + days

$2,666,796.60 $1,312,718.27 $12,413.62 $213,366.63

63.41% 31.21% 0.29% 5.09%



Nil

CONSULTATION

Internal Director Corporate & Community Services Financial Accountant External Nil


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 - December 2014 Date Prepared: 6/01/2015


GOVERNANCE AND COMPLIANCE

ITEM-10 ASSIGNMENT OF LEASE C AT MAREEBA AERODROME DOCUMENT INFORMATION

MEETING: Ordinary


REPORT OFFICER’S TITLE: Governance and Compliance Advisor DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

A request has been received to allow the assignment of 'Lease C' at Mareeba Aerodrome which is currently held by Davryl Holdings Pty Ltd (under administration) to GBR Helicopters Pty Ltd.


"That Council approve the assignment of 'Lease C' at Mareeba Aerodrome to GBR Helicopters Pty Ltd subject to the following conditions being satisfied:

1. All debts owing to Council that exist on the leased area at the time of the assignment being effected are paid in full. These debts include:

a. Lease charges due to Council and any interest and associated charges on overdue amounts.

b. Rates and charges levied by Council with respect of the lease area including any interest and associated charges on overdue amounts.

2. All costs associated with the assignment of this lease including lodgement of documentation and any other relevant charges, duties and/or fees will be paid by the assignee."

BACKGROUND

Miller Harris Lawyers on behalf of McLaren Knight Chartered Accountants acting pursuant to a deed of administration for Davryl Holdings Pty Ltd have requested Council allow the assignment of 'Lease C' at Mareeba Aerodrome to GBR Helicopters Pty Ltd. Council has been seeking recovery of outstanding debts against the current lessee (Davryl Holdings) for some period of time. The total of outstanding monies currently is: $3,792.04 for lease payments and associated charges and $893.55 for rates and charges plus interest and associated charges. In 2013 Council approved the assignment of 'Lease M' at Mareeba Aerodrome to GBR Helicopters for the purpose of conducting a helicopter training school. Written advice has


been received by Council that GBR Helicopters intend for similar use of 'Lease C' on the basis of commercial use as a flight training business. Miller Harris has engaged Apels Solicitors to prepare the relevant documentation should Council see fit to approve the assignment. This action has been undertaken on the clear understanding that Council will not bear any cost in the processing of the assignment.


In partnership with local business, industry groups and economic and regional development organisations, continue to develop strategies to assist, strengthen, develop and promote existing and new businesses and industries.

CONSULTATION

Internal MSC Revenue Control Officer MSC Rates Coordinator/Technical Officer External Miller Harris Lawyers Apels Solicitors and Notary


If approved, the assignment of the lease to be undertaken by Apels Solicitors on behalf of Council with documentation prepared and lodged at no expense to Council.

POLICY IMPLICATIONS

Nil.


Capital Nil. Operating Nil. All expense to be met by the assignee.


If assignment approved, documentation to effect the assignment to be executed by Chief Executive Officer.

ATTACHMENTS

1. Letter from Miller Harris Lawyers dated 17/12/2014 requesting assignment of 'Lease C' to GBR Helicopters Pty Ltd (ECM Document No: 3025092 refers).


2. Email from Miller Harris Lawyers dated 12/01/2015 advising details of intended use of 'Lease C' site by proposed assignee GBR Helicopters Pty Ltd (ECM Document No: 3025142 refers).

3. Plan of lease areas showing lease currently assigned to GBR Helicopters Pty Ltd and lease area currently being sought for assignment.



ATTACHMENT 1


ATTACHMENT 2


ATTACHMENT 3


ITEM-11 DELEGATIONS DOCUMENT INFORMATION

MEETING: Ordinary


REPORT OFFICER’S TITLE: Coordinator Environmental Health and Local Laws DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

This report follows on from the Delegations Workshop presented by Jenny Humphris of MacDonnells Law on 3 December 2014. The purpose of this report is to provide Council with a list of powers that have been identified as requiring delegation to the Chief Executive Officer.


"That Council: 1. Delegate to the Chief Executive Officer, the exercise of Councils powers under the Acts

referred to in Attachment 1 (circulated separately), and 2. That all prior delegations to the Chief Executive Officer of powers under the Acts referred

to in Attachment 1 are revoked.

BACKGROUND

Subject to section 47 of the Local Government (De-amalgamation Implementation) Regulation 2013, the Chief Executive Officer is taken to have the powers that were current at the time of de-amalgamation, that is, the instruments of delegation existing on 31 December 2013 continued in force. The following matters were highlighted during the workshop conducted by Jenny Humphris:

the Chief Executive Officer currently has, and is operating under, the delegations that were current as at the date of de-amalgamation

the benefits of delegating Councils statutory powers to the CEO,

how a power is lawfully exercised (by resolution or by a delegate);

the idea that the delegation represents a sharing of power rather than relinquishing it. Delegation of statutory powers can enable a quicker turnaround time on applications and other decisions, allowing Council to focus on the strategic issues, subsequently increasing Council's efficiency and productivity. In a statutory sense, Council is able to delegate powers to the CEO under Section 257 of the Local Government Act(LGA). The powers that can be delegated are those that a Local Government would normally exercise under the LGA and a host of other pieces of


legislation, subject to some limitations. (For example, some decisions must be made by resolution of Council). Note that under Section 257, powers may also be delegated to the Mayor, Standing Committees or Chairs of Standing Committees. Under Section 259 of the LGA, the CEO may further delegate powers to another employee. This report and the recommended delegations of power to the CEO (as well as the proposed sub delegations) aim to validate what we are already doing. Examples include approving a food licence, giving a trade waste approval, attaching conditions to an approval, receiving, assessing and deciding a building application. The attached instruments of delegation, if executed by resolution of Council, will provide a base for good decision making and accountability while maintaining statutory compliance by the Mareeba Shire Council. Limitations to the Exercise of Power 1. Where Council in its budget or by resolution allocates an amount for the expenditure of Council funds in relation to a particular matter, in exercising delegated power in relation to that matter, the delegate will only commit Council to reasonably foreseeable expenditure up to the amount allocated. 2. The delegate will not exercise any delegated power in relation to a matter which, to the delegate's knowledge, adversely affects, or is likely to adversely affect, Council's relations with the public at large. 3. The delegate will not exercise any delegated power contrary to a resolution or other decision of Council (including a policy decision relating to the matter). 4. The delegate will not exercise any delegated power in a manner, or which has the foreseeable effect, of being contrary to an adopted Council policy or procedure. 5. The delegate will only exercise a delegated power under this resolution in a manner which complies with the requirements of Council's Planning Scheme, and any exercise of power which involves a departure from or variation of those requirements will only be undertaken by Council. 6. The delegate will not exercise any delegated power which cannot lawfully be the subject of delegation by Council.


GOV 5 Conduct a work management systems and procedures review to develop an efficient organisation supported by cost effective work practices and systems.

CONSULTATION

Internal CEO - Peter Franks Director Corporate & Community Services Director Infrastructure Services Manager Development & Governance Manager Finance Manager Systems and Customer Service Manager Works Manager Technical Services External MacDonnells Law



There are legal implications for local government if management is not aware of the delegated powers and powers of authorised persons that are required for their sections to operate efficiently. The statutory powers of employees, whether delegated to their position by the Chief Executive Officer or obtained as a result of an appointment as an authorised person under particular statutes, will be invalid if they cannot be supported by an instrument documenting the particulars. In the case where Council is challenged on an action taken or a decision made by its employees, there needs to be proof that the employee held the powers required to do so. Such documentation is known as the instrument and is required for delegations, sub delegations and appointments. Section 260 requires the CEO to establish and maintain a register of delegations and make it available to the public. This register will be built using an excel spreadsheet in a format previously recommended by the Department of Local Government and Planning

POLICY IMPLICATIONS

NIL


Capital NIL Operating Nil


Nil

ATTACHMENTS

1. Instrument of Delegation (circulated separately) Date Prepared: 2 December 2014


INFRASTRUCTURE SERVICES

TECHNICAL SERVICES

ITEM-12 UPDATE REPORT ON REQUEST REGARDS MACKAY SUGAR EXTENDED B-DOUBLE ROUTE ACCESS WITHIN MAREEBA SHIRE


MEETING: Ordinary


REPORT OFFICER’S TITLE: Technical Officer, Projects Investigations DEPARTMENT: Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY

To inform Council of the performance of Mackay Sugar B-Double operations and any issues associated with extended B-Double access on additional local road routes approved at the 4 June 2014 Council workshop.


"That Council receive and note the progress report in relation to extended trial access to B-Double routes to support Mackay Sugar harvesting and transport operations."

BACKGROUND

Monitoring of Mackay Sugar cane hauling operations on Council controlled roads approved for B-Double cane hauling access, has been undertaken on an ad-hoc basis by Council Officers and no issues or infringements have been detected. B-Double access to Fichera and Lockwood Roads has commenced with the utilisation of motion activated traffic lights to control the single lane flow of traffic through the area of concern at the Tinaroo Creek bridge and its approaches on Fichera Road. The traffic management plan supplied by Mackay Sugar has been checked and approved and lights have been inspected on site and are working effectively with minimal delay to road users. Mackay Sugar has advised Council that the 2014 season finish date has still not been finalised and is dependent on the cane quality and weather, however at the moment cane will be harvested into the week of 12 January. Further advice will be provided by Mackay Sugar on a weekly basis, however a revised finish date of mid-January is now considered likely. As previously stated Council Officers intend to assess Mackay Sugar B-Double operations and general operating performance at the end of the 2014 cane season and report to


Council seeking further direction in relation to future approval of ongoing Mackay Sugar B-Double access referrals to local roads.


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

Internal Technical Services Group External Mackay Sugar QUBE Logistics


Nil

POLICY IMPLICATIONS

Nil


Nil


Nil

ATTACHMENTS

Nil Date Prepared: 8 January 2015


ITEM-13 APPLICATION FOR PERMANENT ROAD CLOSURE OF AN UNNAMED ROAD OFF BARBETTI ROAD


MEETING: Ordinary


REPORT OFFICER’S TITLE: Civil Engineer DEPARTMENT: Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY

This application requests to permanently close an unused section of unnamed road reserve off Barbetti Road abutting Lot 31 on HG712 and Lot 32 on HG54, covering an area of 3.36 ha referred to as Lot A. The purpose is to use the road reserve for grazing purposes.


"That Council advise the Department of Environment and Resource Management that it has no objection to the temporary road closure but objects to the permanent closure of an area of about 3.36 ha (Lot A) being unnamed roads abutting Lot 31 on HG712 and Lot 32 on HG54, Parish of Dynes as shown on the Department of Natural Resources and Mines Preliminary Plan CNS14/049P dated 27 October 2014."

BACKGROUND

Lot 31 on HG712 is a 6.816 ha and Lot 32 on HG54 is a 71.629 ha allotment zoned rural agricultural that abuts an unnamed road reserve off Barbetti Road. Currently the road reserve (Lot A) is vacant and provides access to Lot 165 on HG803020, however an alternative access route exists via the unnamed road reserve abutting Lot 34 on HG54 and Lot 351 on SP179197 - refer to attachment 3. There are no current plans to use this section of road reserve, however it may be required for some undetermined (drainage, access, electricity/phone, water supply) purpose in the future. Therefore a temporary closure is recommended to ensure this reserve remains available for any of these future uses.


ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans development for all infrastructure 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

Internal Manager Technical Services Senior Planner External Land Administration Officer, Department of Natural Resources and Mines


Nil

POLICY IMPLICATIONS

Nil



N/A.

If not you must recommend how the budget can be amended to accommodate the expenditure N/A.


Following publication of Council minutes prepare and send communication to the Department of Natural Resources and Mines advising of Council’s decision.

ATTACHMENTS

1. Application for permanent road closure over road adjoining Lot 31 on HG712 and Lot 32 on HG54 (ECM Doc # 3012080);

2: Email from the Senior Planner (ECM Doc # 3015732); 3. Locality plan. Date Prepared: 8 January 2015


ATTACHMENT 1


ATTACHMENT 2

From: Brian Millard

Sent: Friday, 21 November 2014 9:40 AM

To: Darren Lierkamp Subject: RE: Proposed road closures for comment

Darren, The permanent closure of the road reserve adjoining Lot 31 on HG712 does not appear to be required to resolve an encroachment or similar. I am not aware of any current need to develop this section of road reserve, however it may be required for some undetermined (drainage, access, electricity/phone, water supply) purpose in the future. A temporary closure is recommended to ensure this reserve remains available for any of these future uses. In relation to the Borzi Road closure which Council (TRC) has already conditionally agreed to, I am not aware of any community purpose requirement for this area. Regards Brian Millard

Senior Planner Planning Section, Development & Governance Group


ATTACHMENT 3


ITEM-14 APPLICATION FOR PERMANENT ROAD CLOSURE OF AN UNUSED PORTION OF BORZI ROAD


MEETING: Ordinary


REPORT OFFICER’S TITLE: Civil Engineer DEPARTMENT: Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY

This application requests to permanently close an unused section of the Borzi Road reserve abutting Lot 150 HG520, covering an area of 3.45 ha referred to as Lot C. The purpose is to use the road reserve for grazing purposes.


"That Council advise the Department of Natural Resources and Mines that it has no objection to the permanent road closure of an area of about 3.45 ha (Lot C) being an unused portion of Borzi Road abutting Lot 150 HG520, Locality of Mutchilba, Parish of Dynes as shown on the Department of Natural Resources and Mines Preliminary Plan CNS13/060P dated 2 September 2014 provided that a minimum road width of 20 metres is maintained from the existing Pin Road centreline when the boundary for Lot C is determined."

BACKGROUND

Lot 150 HG520 is a 19.187 ha rural allotment zoned rural agricultural that abuts an unused portion of the Borzi Road reserve. Currently the road reserve (Lot C) is vacant. Following an application to close Lots A, B and C as shown in Attachment 2 of Council's report dated 7 November 2013 recommended "That Council resolves to advise the Department of Natural Resources and Mines that it does not object to the permanent closure of the road sections described as Lot A, Lot B and Lot C, adjacent to Lot 44 HG346 and Lot 150 HG520, locality of Mutchilba, Parish of Dynes respectively, provided that a minimum road width of 20 metres is maintained from the existing Pin Road centreline when the boundary for Lot C is determined." The applicant has subsequently removed Lot's A and B from the current application.

There are no current plans to use this section of road reserve.


ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans development for all infrastructure 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

Internal Manager Technical Services Senior Planner External Land Administration Officer, Department of Natural Resources and Mines


Nil

POLICY IMPLICATIONS

Nil



N/A.

If not you must recommend how the budget can be amended to accommodate the expenditure N/A.


Following publication of Council minutes prepare and send communication to the Department of Natural Resources and Mines advising of Council’s decision.

ATTACHMENTS

1. Application for permanent road closure over road adjoining Lot 150 on HG346 (ECM Doc #3012793);

2. Application to close Lots A, B and C made in 2013 (ECM Doc # 3463849); 3. Email from the Senior Planner (ECM Doc# 3615778). Date Prepared: 24 November 2014 ATTACHMENT 1


ATTACHMENT 2


ATTACHMENT 3

RE: Proposed road closures for comment Darren, The permanent closure of the road reserve adjoining Lot 31 on HG712 does not appear to be required to resolve an encroachment or similar. I am not aware of any current need to develop this section of road reserve, however it may be required for some undetermined (drainage, access, electricity/phone, water supply) purpose in the future. A temporary closure is recommended to ensure this reserve remains available for any of these future uses. In relation to the Borzi Road closure which Council (TRC) has already conditionally agreed to, I am not aware of any community purpose requirement for this area. Regards Brian Millard

Senior Planner Planning Section, Development & Governance Group


ITEM-15 MAREEBA GYMNASTICS - CONTRACT VARIATION DOCUMENT INFORMATION

MEETING: Ordinary


REPORT OFFICER’S TITLE: Project Management Officer DEPARTMENT: Infrastructure Services, Technical Services

EXECUTIVE SUMMARY

Council at its Ordinary meeting of 2 July 2014 resolved to award the tender for the Extension to the Mareeba Gymnastics Centre to Mindil Pty Ltd for the tendered price of $257,520 (inclusive of GST) and authorise a lighting upgrade to be carried out in the existing building within the total budget allocation in the 2013/2014 financial budget. Subsequent to this resolution an estimate of $45,000 has been prepared for the lighting upgrade. During the construction stage the gymnastics committee in conjunction with the Coaching Director requested the possibility of installing an awning to the western wall of the existing building or installing a "foam pit" prior to the installation of the post foundations, floor sub - structure and flooring in the new extension. The Coaching Director provided concept drawings and sought approval from Gymnastics Queensland. Own Home Design provided certified drawings and Mindil Pty Ltd provided a quote for $64,295 (inclusive of GST) for the foam pit.


"That Council confirm that the lighting upgrade for $45,000 (inclusive of GST) may proceed. With regard to the additional works these not be approved at this stage."

BACKGROUND

In the 2013/2014 Capital Budget, Council provided the amount of $400,000 for the extension of Mareeba Gymnastics Hall and upgrading of the lighting in the existing building. The extension to the existing hall will better cater for the expanding membership of the club - currently at 300 registered members. Tenders were called for the proposed extension and the contract awarded to Mindil Pty Ltd for the tendered price of $257,520 (inclusive of GST). The contractors have progressed the building of the new extension to the stage where all the external foundations are completed, steel work for the sub-floor structure (posts, beams and joist) are manufactured and on-site but not installed, wall and roof structure has been manufacture and erected, wall sheeting and roof sheeting completed. The Committee and Coaching Director raised the possibility of constructing an awning to the front (western side) of the existing building to provide sheltered seating for gymnasts,


spectators and parents and / or construct a foam pit in the new extension. Certified drawings were obtained for the awning and foam pit, Mindil Pty Ltd provided a price for the supply of materials and labour for the installation of the proposed awning for $53,695 (inclusive of GST) and $64,295 (inclusive of GST) for the foam pit. The Committee and Coaching Director advised the preferred option which would provide most benefit for the club is the installation of the foam pit, as this would enable the club to extend its training programme to include trampoline and provide an advanced programme for bar and vault apparatus in a safe manner. The inclusion of the foam pit as part of the Mareeba Gymnastics Centre would enhance the club's ability to hold Queensland sanctioned events that enable competitors to receive rankings which can be used for State and National title events. Benefits to members:

- Enabling competitive gymnasts to advance skills and promote level progression; - Creates opportunities for varied recreational classes for the broader community; - Create the prospect of a competitive trampoline stream; - Support the training of higher gymnasts which is currently restricted; - Increase the quality of training for beginner and mid-level gymnasts; - Provide the safest opportunities for all training sessions for all levels.

The building contractor has agreed to hold on the installation of the floor to the new extension until a decision has been reached. A brief schedule of works to construct the foam pit, given that the walls and roof structure are in place are:

- Earth works - excavate existing soil to achieve required depth; - Pump concrete for slab; - Masonry concrete blocks to be man handled to site; - Masonry concrete blocks laid in stages (3 - 4 courses at a time) to achieve the

requirement to waterproof the masonry walls; - The contractor to cut and fit already purchased steel sub-floor to suit foam pit

construction; - Section of backfill and compaction around pit to be completed manually; - Finish floor edge to foam pit;

Constructing the foam pit at the current stage of construction is the less cost option rather than after the floor is in place.

Approved Costs (exclusive of GST) - Tender Mindil Pty Ltd $234,109 - Approved Lighting Upgrade $45,000 Estimate Only - Approved variation $6,491 - Own Home Design Extension $2,700 - Own Home Design Awning $2,100 - Own Home Design Foam Pit $1,250

Total $291,650

The amount provided for in the 2014-15 budget was $400,000 which was based on the estimated costs of the original work. While the additional works could be catered for in this provision it is recommended that council would consider the request for these additional


works together with other requests for assistance from other sporting groups/community groups and councils capital works program.



CONSULTATION

Internal Manager Technical Services Building Certifier External Mareeba Gymnastic Committee Mareeba Gymnastics Coaching Director Own Home Designs Mindil Pty Ltd


Nil

POLICY IMPLICATIONS

Nil


Capital Funds are available in the 2014/15 Land & Facilities Budget Operating Nil Is the expenditure noted above included in the 2014/2015 budget?

Yes



Nil


ATTACHMENTS

1. Drawings Date Prepared: 8 January 2015


ITEM-16 RIVERSIDE CARAVAN PARK - PROPOSED EXTENSION OF TRUSTEE LEASE


MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Technical Services DEPARTMENT: Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY

The present lessees of the Riverside Caravan Park were granted a short term Trustee Lease during the later days of Tablelands Regional Council as a method of allowing the issue to be addressed during the new Mareeba Shire's jurisdiction. The lease expires on the 31 August 2015 but the Lessees have advised that they would like a longer term lease for an extended period to enable them to complete developments that require a considerable financial commitment by them. This report considers the application in accordance with the Local Government Regulation 2012 Section 236 (1) (c) (iii) renewal of Leases to present lease holders.


"That Council grant an extended Trustee lease to the present Lessees on similar terms and conditions as the present lease and include: a) Term to be extended till 31 December 2016. b) Rental to continue in-line with current rental valuation provided by Northern Property

Valuers."

BACKGROUND

The Mareeba Riverside Caravan Park is located at 13 Egan Street Mareeba on Reserve No 8072, being a Reserve for Local Government and is under control of the Mareeba Shire Council, as Trustee for the Department of Natural Resources and Mines (DNRM). The sub purpose of the title as noted by DNRM is restricted for a Caravan Park. Under Local Government Regulation 2012 Section 236 (1) (c) (iii) Council may renew the lease of the land to the existing tenant other than by tender or auction. The present Lessees were granted a short term lease in August 2013 through an arrangement with the previous Lessee and family member. At this time, the previous Lessee had become disinterested in the lease and Council was receiving many complaints about its operation, appearance and upkeep. The previous Lessee had also become heavily in debt to his parents and had allowed his rental to Council to fall into arrears as well. The present Lessees offered to take over and pay off all the debt while at the same time, improving the parks operation and saving Council much time, effort and expense in correcting the situation.


The current Lessees have worked tirelessly over the last two (2) years and Council officers have been impressed with the progress made and the efforts contributed. Council has also contributed to the betterment of the park with recent flood mitigation works completed in Egan Street and a new office building The current Lessees have also contributed a considerable amount of their own money into the park to improve the facility and ambience. The park is an integral part of Mareeba’s economy supplying many transient workers accommodation to allow them to work on farms in the district on a seasonal basis. Without this accommodation being provided, many farms would lack a reliable labour supply during harvests which would have an adverse effect on Mareeba’s economy. Secure long term tenure is a basic requirement of any business if it wants to develop and expand. The current lessees are keen to develop the park and accommodation units by the installation of a considerable number of prefabricated cabins which would enhance the aesthetics of the park but require a considerable financial commitment by them as Lessees.


ECON2 In partnership with local business, industry groups and economic and regional development organisations, continue to develop strategies to assist, strengthen, develop and promote existing and new businesses and industries.

CONSULTATION

Internal Chief Executive Officer Manager Technical Services External Nil


Nil

POLICY IMPLICATIONS

Nil


Capital Nil Operating Annual revenue of $40 000 plus GST Is the expenditure noted above included in the 2013/2014 budget?

Nil



If approved, advise Lessees and draft new lease document for signature by Lessees and CEO. Register lease with DNRM.

ATTACHMENTS



WORKS

ITEM-17 INFRASTRUCTURE SERVICES - WORKS SECTION PROGRESS REPORT - DECEMBER 2014


MEETING: Ordinary Meeting


REPORT OFFICER’S TITLE: Manager Works DEPARTMENT: Infrastructure Services, Works Group

EXECUTIVE SUMMARY

This report sets out works undertaken by the Transport Infrastructure, Parks and Gardens and Bridge Sections of Infrastructure Services during the month of December 2014.


"That Council receive and note the Infrastructure Services, Transport Infrastructure, Parks and Gardens and Bridge Sections - Progress Report for the month of December 2014."

BACKGROUND

Works Group Maintenance Activities Maintenance activities accruing more than $1,000 in expenditure were carried out in December at the following locations:

The table below shows the current budget position of road maintenance for Mareeba Shire Council.

Road Name Activity

Contract Clearing Account - Chillagoe General Operations

Oak Forest Road, Kuranda Clean Inlet/Outlets culverts - Slashing

Ray Road, Mareeba Bridge Furniture, Provision traffic & prevent maintenance, road inspections

Norris Road, Mt Molloy Slashing

LA Road, Mona Mona Slashing

Masterson Road, Mutchilba Prep Work for Reseals

Speewah Road, Speewah Slashing


The maintenance spend for December 2014 was $77,462, a reduction of $35,841 from the previous month's maintenance spend. So far this financial year to the end of December $61,464 has been spent on preparation work for the 2014/15 reseal and asphalt program. This money will eventually be moved to the appropriate capital works job resulting in a credit to the maintenance budget. Capital Works Anzac Avenue The upgrade of Anzac Avenue and Hastings Drive intersection commenced mid-November and was completed in early December. Line marking will be carried out in January. The project involved moving the existing concrete footpath, widening Anzac Avenue to providing a slip lane for vehicle travelling east at the Anzac Avenue / Hastings Drive intersection, extending of the asphalt surfacing, new kerbing and new line marking. The works were completed on time and within budget.

Black Mountain Road Flaggy Creek Bridge Black Mountain Road Flaggy Creek Bridge was identified during our bridge inspection program as requiring major maintenance. The existing timber girder and concrete deck were replaced by concrete deck units. The concrete deck units and kerbing were constructed at the Kowa Street Depot and transported to site once sufficient curing of the concrete had taken place for the units to be lifted and loaded on to a truck. Bridge replacement works were carried out on 11 November with the asphalt approach completed in December prior to the Christmas close down. The project was completed on time and within budget.

Location YTD

Actual YTD

Budget Annual Budget

Mareeba Shire Council $1,685,194 $1,437,636 $2,875,271


Third Party Works PEND-1926 Burke Developmental Road Gravel Resheet (DTMR) A total of 16.65km of gravel resheeting work was completed 17 December 2014 between Ch 503 and Ch 519.65 on the Burke Developmental Road by Mareeba Shire Council on behalf of DTMR. The works were valued at $2.45m and were completed on time and within budget.

PEND-1819 Mulligan Highway Shoulder Repair and Drainage Improvements (DTMR) Shoulder repair and drainage improvement works were completed 16 December 2014 on the Mulligan Highway north of the Desailly Range by Mareeba Shire Council on behalf of DTMR. The works are valued at $325,000 and were completed on time and within budget.


DTMR Routine Maintenance Performance Contract (RMPC) Routine maintenance activities were undertaken during December at the following locations:


The total claim to DTMR for the works listed above for the month of December was $105,608. Parks and Gardens Section Maintenance Activities Parks and Gardens maintenance activities accruing more than $1,000 in expenditure were carried out in December at the following locations:

Location Activity Name

Kennedy Highway - Cairns- Mareeba Rest Area Servicing

Mulligan Highway - Mareeba Molloy Pothole Patching Includes Traffic Control

Mulligan Highway - Mareeba Molloy Pavement Repairs, Gravel (Mech. < 500m2 per 1km) Excludes Traffic Control

Mulligan Highway - Mareeba Molloy Repair Signs (excluding Guide Signs)

Mulligan Highway - Mareeba Molloy Other Bituminous Surface Work

Mulligan Highway - Mareeba Molly Pavement Repairs, Gravel (Mech. < 500m2 per 1km) Excludes Traffic Control

Mulligan Highway - Molloy Lakeland Roadside Litter Collection - Rural

Mulligan Highway - Molloy Lakeland Repair or Replace Guide Markers

Mulligan Highway - Molloy Lakeland Pothole Patching Includes Traffic Control

Mulligan Highway - Molloy Lakeland Rest Area Servicing

Mossman - Mt Molloy Road Pothole Patching Includes Traffic Control

Mossman - Mt Molloy Road Roadside Litter Collection - Rural

Herberton - Petford Road Clean Earth and Concrete Surface Drains

Herberton - Petford Road Other minor culvert pipes and pit work

Mareeba - Dimbulah Road Other Surface Drain Work

Burke Developmental Road Clean Earth and Concrete Surface Drains

Burke Developmental Road Medium Formation Grading (Western) with Extras and 2 WaterCarts Excludes Traffic Control

Burke Developmental Road Pothole Patching Includes Traffic Control

Burke Developmental Road Repair or Replace Guide Markers

Burke Developmental Road Heavy Shoulder Grading - Rural

Burke Developmental Road Repair Signs (excluding Guide Signs)

Burke Developmental Road Other Formation Work

Burke Developmental Road Edge Repair (Manual) Includes Traffic Control

Location

Parks and Gardens - Chillagoe

Basalt Gully and Bi-Centennial Lakes

Mary Andrews Gardens

Arnold Park

Byrnes Street Medians

Council Office & Library

Rotary Park

Kuranda Parks, Library, CBD and Streets

Borzi Park, Mareeba

Davies Park, Mareeba

Mareeba Racecourse

Shaban Park, Mareeba

Mowing Mareeba Streets

Nursery Mareeba

Furniture and Playground Equipment

Sunset, Sunbird Park


The table below shows the current budget position of Parks and Gardens maintenance for Mareeba Shire Council.

Bridge Section Maintenance Activities Bridge maintenance activities accruing more than $1,000 in expenditure were carried out in December at the following locations:

The table below shows the current budget position of Bridge maintenance for Mareeba Shire Council.



CONSULTATION

Internal Infrastructure Services staff External Nil


Nil

POLICY IMPLICATIONS

Nil

Location YTD

Actual YTD


Mareeba Shire Council $708,966 $724,391 $1,437,983

Location

Hales Siding Road Chinaman Creek Bridge

Hillview Road Boggy Creek Bridge

McDougal Road Bushy Creek

Location YTD

Actual YTD


Mareeba Shire Council $223,312 $437,061 $881,139



Capital Included in 2014/2015 budget Operating Included in 2014/2015 budget Is the expenditure noted above included in the 2014/2015 budget?

Yes



Advice is provided to residents and businesses affected by any activities.

ATTACHMENTS



WATER & WASTE

ITEM-18 INFRASTRUCTURE SERVICES - WASTE OPERATIONS PROGRESS REPORT - DECEMBER 2014


MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Water and Waste DEPARTMENT: Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY

The purpose of this report is to summarise Council’s Waste activities undertaken by the Infrastructure Services Department during the month of December 2014.


"That Council receive and note the Infrastructure Services - Waste Operations Progress Report, December 2014."

BACKGROUND

The following is a summary of the waste activities undertaken during the month of December 2014.

1. Waste Operations Recycled materials transported from outlying waste transfer stations to Mareeba waste transfer station this month. SIMS Metal completed scrap metal bailing at WTS in: Mareeba, Chillagoe, Dimbulah and Mutchilba. Wallace Bros. completed re-profiling of Cell 2 batter. The Posi-Shell applicator arrived onsite at Mareeba, staff were trained in its management and Cell 2 batter was sprayed with sealant. Two 30 cubic meter bins of recycled material were transported by JJ Richards from the Mareeba waste transfer station to Cairns material recycling facility for processing. This periodically re-occurs as the recyclable material builds up. All transfer stations and Mareeba landfill are currently operational.


2. Customer Service Waste Statistics The following graph displays customer requests logged in the Customer Request Management (CRM) system during the month of December 2014.

3. Waste Collected at Each of the Transfer Stations

Waste material collected at each of the waste transfer stations is either deposited directly to the Mareeba landfill, recycled or transported to the SITA facility in Cairns for processing.

The following pie charts are separated into waste received as whole units and waste received as accrued tonnage.

3

7

16

42

MAREEBA SHIRE CUSTOMER REQUESTS(Number of Requests)

New Service

Missed Service

Repair/Replace

General Enquiries

Complaints

46

27

3

61

MAREEBA SHIRE WASTE(Number of Units)

Animals

Batteries

Car Bodies

Equivalent Passengertyres


4. Waste to Mareeba Landfill The Mareeba Shire waste shown in the pie chart below is the waste collected at each of the waste transfer stations (Mareeba included), and deposited directly to the Mareeba landfill. The commercial waste shown below is derived from the SITA Bedminster plant in Cairns and deposited into the Mareeba landfill.

5. Revenue

The income is derived from:

Commercial disposal (predominantly SITA)

Interest earned

Interest on Constrained Works

Recycling (steel, batteries)

Rates

The expenditure is derived from:

Waste administration

Landfill management

Transfer station management

3440

572

MAREEBA SHIRE WASTE(Tonnes)

Building & Demolition

Scrap Metal

Domestic Household Waste

6,176

390

WASTE TO MAREEBA LANDFILL (Tonnes)

Sita Waste

Mareeba Shire Waste to Landfill(Domestic & Commercial)


6. Financial Operational Budget Information per budget Section Overall Graphical – Revenue

Graphical – Expenditure


ECON 3 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. GOV 3 Undertake a whole of council service level review to establish sustainable operational costs across core local government business and consult with communities.

CONSULTATION

Internal Director Infrastructure Services Waste Staff External Nil

0

500,000

1,000,000

1,500,000

2,000,000

DomesticCollections

Unserviced Levy Scrap -All Metal CommercialDisposal

WASTE InterestEarned

Interest onConstrained

Works

MSC Waste Income to Month of December

Annual Budget YTD Budget YTD Actual



Nil

POLICY IMPLICATIONS

Nil



Yes


Nil

ATTACHMENTS



ITEM-19 MAREEBA WASTEWATER TREATMENT PLANT - PROCESS DESIGN - NOVATION OF DESIGN AND PANEL OF PROVIDERS - TMSC2014-15


MEETING: Ordinary


REPORT OFFICER’S TITLE: Director Infrastructure Services DEPARTMENT: Infrastructure Services

EXECUTIVE SUMMARY

Council has a panel of providers for prequalified suppliers for wastewater and water supply consultancies (TMSC2014-15), as well as an approved consultancy for the process design for the Mareeba Wastewater Treatment Plant. Hunter Water Australia is on the prequalified supplier list as well as being the approved consultant for the Treatment Plant Process Design. Hunter Water Australia has recently been purchased by Hunter H2O and novation of the consultancy approvals in place is now required.


"That Council note the need for the novation of the prequalified suppliers consultancy (TMSC2014-15) and the Process Design for the Mareeba Wastewater Treatment Plant from Hunter Water Australia to Hunter H2O Holdings Pty Ltd."

BACKGROUND

Council has decided that the process design for the refurbishment of the Mareeba Wastewater Treatment Plant is to be undertaken by Hunter Water Australia. This process design is well underway. Council has recently been advised that the consulting enterprise of Hunter Water Australia Pty Limited has been purchased by Hunter H2O Holdings Pty Ltd (Hunter H2O). The managers and specialist staff from Hunter Water Australia are being transferred to the new entity. Novation of the process design for the Mareeba Wastewater Treatment Plant from Hunter Water Australia to Hunter H2O along with the novation in relation to the approved panel of providers for pre-qualified suppliers under TMSC2014-15 is required. As the personnel undertaking the required tasks are not changing, novation as requested is not an issue, and is standard practice when companies are acquired.




CONSULTATION

Internal Council staff. External Nil


Nil

POLICY IMPLICATIONS

Nil



Yes


Nil

ATTACHMENTS



ITEM-20 INFRASTRUCTURE SERVICES - WATER AND WASTEWATER GROUP - MONTHLY REPORT - DECEMBER 2014


MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Water and Waste DEPARTMENT: Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY

The purpose of this report is to summarise Council’s Water and Wastewater activities undertaken by the Infrastructure Services Department during the month of December 2014.


"That Council receive and note the December 2014 Monthly Water and Wastewater Report."


GOV 3 Undertake a whole of Council service level review to establish sustainable operational costs across core local government business and consult with communities. 1. Capital Works Projects

Barang Street, Kuranda Sewer Rising Main Upgrade - All pipe work from Jum Rum Creek (Barang Street) pump station to the Kuranda sewer treatment plant installed and rising main from Kuranda railway connected to treatment plant infrastructure installed. Road pavement re-sealed, turf laid, exposed areas seeded (turf) and clean up completed.

Arsenic Removal Plant at Chillagoe - Packaged Plant in place onsite, plumbing works completed and chlorine gas system currently being commissioned. Commissioning of plant has been delayed until after Ergon has upgraded the power supply (scheduled for February 2015).

Work is almost complete on Stage 1 of the Historian Project (Water Wastewater & Waste SCADA & Telemetry Recording and Reporting).

Mareeba Industrial Park Water Booster Station - expected construction completion date end January 2015.

Preliminary design works for the new water reservoir on Myola Rd Kuranda presented to Council officers for review, Telstra line to be relocated at site, works due for completion June 2015.

2. Environmental Monitoring - Treatment

Mareeba STP non-compliant. Exceeded the Ammonia maximum limit.

Kuranda STP remains compliant with licence conditions.


3. Budget - Water Graphical - Revenue

Graphical – Expense

0.00500,000.00

1,000,000.001,500,000.002,000,000.002,500,000.003,000,000.00

WaterRates

WaterInterestEarned

Const Wks

Water NCPInternalRevenue

Water NCPCommunity

ServiceObligation

Water 3rdParty Works

WaterSundryIncome

MSC Water Income to Month of December


0.00

500,000.00

1,000,000.00

1,500,000.00

2,000,000.00

2,500,000.00

3,000,000.00

Water TreatmentPlant Op/Mtce

WaterReticulation

Op/Mtce

WaterDepreciation

Water NCP AdminCharges

MSC Water Expense to Month of December



4. Budget - Wastewater

Graphical - Revenue

Graphical – Expense

5. Chlorine Residual Readings

Chlorine Residual Readings 2014Australian Drinking Water Guidelines Maximum 5mg/L

December 2014 Mon 1st Wed 3rd Fri 5th Mon 8th Wed 10th Fri 12th Mon 15th Wed 17th Fri 19th Mon 22nd Wed 24th Fri 26th Mon 29th Wed 31st

Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L)

Mareeba Rankine St 1.36 1.03 1.21 1.05 0.92 1.10 0.96 1.14 1.17 1.21 1.34 1.46 1.20 1.21

Wylandra Drive Mareeba 0.88 0.75 0.79 0.81 0.57 0.55 0.62 0.68 0.91 0.94 0.86 0.86 0.86 0.83

Gregory Terrace Kuranda 0.69 0.76 0.74 0.54 0.40 0.67 0.98 0.45 0.36 0.99 1.07 1.19 1.00 0.86

Mason Rd PS Kuranda 0.87 0.81 0.83 0.63 0.45 0.51 1.09 0.62 0.67 1.25 0.87 1.37 1.14 1.00

Chillagoe 0.43 0.45 0.44 0.43 0.41 0.38 0.34 0.33 0.35 0.35 0.31 0.31 0.30 0.32

Dimbulah 1.34 0.99 0.92 1.01 0.89 1.01 1.00 1.09 1.13 1.58 1.33 1.20 1.27 1.19

0.00200,000.00400,000.00600,000.00800,000.00

1,000,000.001,200,000.001,400,000.001,600,000.001,800,000.00

WastewaterTreatment Plant

Op/Mtce

WastewaterReticulation

Op/Mtce

WastewaterDepreciation

Wastewater NCPAdmin Charges

MSC Wastewater Expense to Month of December



6. Mareeba Water Supply Scheme – Operations Data

7. Kuranda Water Supply Scheme - Operations Data

0

100

200

300

400

500

0

2,500

5,000

7,500

10,000

12,500

Jan

Fe

b

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Kilo

litr

es/D

ay

Mareeba WTP - Average Daily Production 2014

AverageDailyProduction(kL per Day)

Rainfall(mm)

0

100

200

300

400

500

0

700

1,400

2,100

2,800

3,500

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Lit

res/D

ay/C

on

necti

on

Mareeba WTP - Average Daily Consumption by Connection 2014

AverageDailyConsumptionperConnection(L per Day)

0

150

300

450

600

750

0

500

1,000

1,500

2,000

2,500

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Kilo

litr

es/D

ay

Kuranda WTP - Average Daily Production 2014


Rainfall (mm)


8. Mount Molloy Water Supply Scheme - Operations Data

9. Dimbulah Water Supply Scheme - Operations Data

0

150

300

450

600

750

0

500

1,000

1,500

2,000

2,500

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Lit

res/D

ay/C

on

necti

on

Kuranda WTP - Average Daily Consumption by Connection

2014

Average DailyConsumptionperConnection (Lper Day)

0

150

300

450

600

750

0

50

100

150

200

250

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Kilo

litr

es/D

ay

Mt Molloy GS - Average Daily Production


Rainfall (mm)

0

150

300

450

600

750

0

300

600

900

1,200

1,500

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Lit

res/D

ay/C

on

necti

on

Mt Molloy GS - Average Daily Consumption by Connection 2014



10. Chillagoe Water Supply Scheme - Operations Data

0

100

200

300

400

500

0

200

400

600

800

1,000

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Kilo

litr

es/D

ay

Dimbulah WTP - Average Daily Production 2014


Rainfall(mm)

0

100

200

300

400

500

0

750

1,500

2,250

3,000

3,750

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Lit

res/D

ay/C

on

necti

on

Dimbulah WTP - Average Daily Consumption by Connection 2014


0

50

100

150

200

250

0

100

200

300

400

500

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Kilo

litr

es/D

ay

Chillagoe BF - Average Daily Production 2014


Rainfall(mm)


11. Mareeba Wastewater Treatment Plant - Operations Data

0

50

100

150

200

250

0

500

1,000

1,500

2,000

2,500

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Lit

res/D

ay/C

on

necti

on

Chillagoe BF - Average Daily Consumption by Connection 2014

AverageDailyConsumption perConnection(L per Day)

0

60

120

180

240

300

0

1,000

2,000

3,000

4,000

5,000

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Kilo

litr

es/D

ay

Mareeba STP - Average Daily Inflow 2014

Average DailyInflow(kL per Day)

Rainfall (mm)

0

60

120

180

240

300

0

300

600

900

1,200

1,500

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Lit

res/D

ay/C

on

necti

on

Mareeba STP - Average Daily Inflow by Connection 2014

AverageDaily InflowperConnection(L per Day)Rainfall(mm)


12. Kuranda Wastewater Treatment Plant - Operations Data


0

150

300

450

600

750

0

100

200

300

400

500

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Kilo

litr

es/D

ay

Kuranda STP - Average Daily Inflow 2014

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Kuranda STP - Average Daily Inflow by Connection 2014

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CHIEF EXECUTIVE OFFICER

MEDIA AND EVENTS

ITEM-21 CHANGES IN ORDINARY COUNCIL MEETING DATES, LOCATIONS AND TIMES THROUGHOUT 2015


MEETING: Ordinary


REPORT OFFICER’S TITLE: Chief Executive Officer DEPARTMENT: Office of the Chief Executive Officer

EXECUTIVE SUMMARY

At its ordinary meeting 2 July 2014, Council resolved to hold a Council meeting in different locations throughout the Shire on a quarterly basis. The reason for the change in Council meeting date from the 4 March 2015 to 5 March 2015 is to allow Councillors to attend a LGAQ workshop.


"That Council: 1. Change the date of the Ordinary Council Meeting scheduled for Wednesday 4 March

2015 to Thursday 5 March 2015 commencing at 9am in Council Chambers; 2. Hold its Ordinary Council Meeting on the 15 April 2015 in Chillagoe, commencing at

10am; 3. Hold its Ordinary Council Meeting on the 5 August 2015 in Julatten, commencing at

10am."

BACKGROUND

The purpose of holding Council meetings in different locations across the Shire is to provide an opportunity for members of the community to attend and interact with Councillors and senior staff.


GOV 4 - Develop a clear communication plan to engage with communities, including increased councillor availability, to achieve greater understanding of Council decision making processes and policies.


CONSULTATION

Internal Councillors External Nil


Nil

POLICY IMPLICATIONS

Nil


Nil


Notice of the meeting date to be advertised in the local media.

ATTACHMENTS

Nil Date Prepared: 14/01/2015


APPENDIX - FOR INFORMATION

council meeting agenda 21 january 2015

Documents

cabins lot

freehold lot

sheds lot

community services

murie material change

bilwon road

mareeba aerodrome

assignment of lease