planning & development and environmental services ... · 8/11/2016 · cr mark nolan cr jeff...

PLANNING & DEVELOPMENT AND

ENVIRONMENTAL SERVICES COMMITTEE MEETING, 11 AUGUST 2016

MINUTES

Cr Wayne Kimberley

Cr John Kremastos

Cr Glenn Raleigh

Cr Rick Taylor

Cr Mark Nolan

Cr Jeff Baines

Cr Ben Heath

Chairperson

Mayor

Division 1

Division 2

Division 4

Division 5

Division 6

Please find attached, the minutes for the Planning & Development and Environmental Services

Committee Meeting to be held in the Innisfail Shire Hall - Level 2 Board Room, 70 Rankin Street, Innisfail commencing at 9.00am.

Peter Cochrane ACTING CHIEF EXECUTIVE OFFICER

MINUTES

10.00am – 10.30am Morning Tea

12.15pm – 1.00pm Lunch

1. RECEIPT OF MINUTES ................................................................................................ 2 1.1 Receipt of Minutes of Planning & Development and Environmental Services

Committee, 11 July 2016 ............................................................................................... 2

2. BUSINESS FROM PREVIOUS MINUTES .................................................................... 2

3. MANAGEMENT ............................................................................................................ 3 3.1 Future Cities Summit 2016 - 'Looking over the Horizon', 18-19 August 2016 ................ 3

4. PLANNING ................................................................................................................... 4 4.1 DEV2016/0049 - Development Application for Reconfiguring a Lot (1 Lot into 2 Lots)

on land described as Lot 2 on RP741186, located at 275 Dingo Pocket Road, Dingo Pocket 4

4.2 Application for Permanent Road Closure ...................................................................... 8 4.3 Delegations Report and Current Applications ................................................................ 9

5. DEVELOPMENT ........................................................................................................... 9 5.1 Mission Beach Aquatic Facility Update - July 2016 ....................................................... 9 5.2 Mission Beach Aquatic Facility Main Contract Procurement Process .......................... 11

5. NOTICE OF MOTION ................................................................................................. 12

6. GENERAL BUSINESS ............................................................................................... 12

7. CONFIDENTIAL ......................................................................................................... 12

Minutes – Planning & Development and Environmental

Services Committee, 11 August 2016

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PRESENT: Crs W Kimberley (Chairperson), R Taylor (Deputy Mayor), G Raleigh, M Nolan, J Baines and B Heath and Mr P Cochrane (Acting Chief Executive Officer), Mr D Trotter (Director Works), Ms M Darveniza (Director Community Services), Mr D Horton (Acting Director Planning & Environmental Services), Ms J Lightfoot (Communications Officer), Ms J Cooksley (Minutes Clerk) APOLOGIES: Cr J Kremastos (Mayor)

1. RECEIPT OF MINUTES

1.1 RECEIPT OF MINUTES OF PLANNING & DEVELOPMENT AND ENVIRONMENTAL SERVICES COMMITTEE, 11 JULY 2016

Recommendation:

“That the Minutes of the Planning & Development and Environmental Services Committee Meeting held on 11 July 2016 be received and noted.” Moved Cr J Baines Seconded Cr R Taylor Resolution Number P0017 "That the Recommendation be adopted." FOR - Unanimous CARRIED

2. BUSINESS FROM PREVIOUS MINUTES

Nil



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3. MANAGEMENT

3.1 FUTURE CITIES SUMMIT 2016 - 'LOOKING OVER THE HORIZON', 18-19 AUGUST 2016

Executive Summary:

The LGAQ Future Cities Summit 2016 - 'Looking over the Horizon' is being held at the Brisbane Convention & Exhibition Centre on 18 - 19 August 2016. Full Registration (GST inclusive) is $990.00 per person + travel and accommodation costs. Recommendation:

“That Council endorse Mayor John Kremastos' nomination to attend the Future Cities Summit 2016 Conference being held in Brisbane from 18 - 19 August 2016 with all costs associated with his attendance being met through the appropriate conference budget allocation."

Moved Cr R Taylor Seconded Cr J Baines Resolution Number P0018 "That the Officer's report dated 4 August 2016 be received. Further, that Council endorse the nomination of Mayor John Kremastos and Cr Wayne Kimberley to attend the Future Cities Summit 2016 Conference being held in Brisbane from 18 - 19 August 2016 with all costs associated with their attendance being met through the appropriate conference budget allocation." FOR - Unanimous CARRIED



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4. PLANNING

4.1 DEV2016/0049 - DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT (1 LOT INTO 2 LOTS) ON LAND DESCRIBED AS LOT 2 ON RP741186, LOCATED AT 275 DINGO POCKET ROAD, DINGO POCKET

Author & Officer's Title: Isabella Newman - Graduate Planner Meeting Date: 11 August 2016 Attachments: 1. Locality Plan 2. Aerial Photo 3. Proposal Plans 4. Concurrence Agency Response Applicant: Robsons Bananas

Consultant: Brazier Motti Pty Ltd

Land Owners: Casey Kirby, Jason P Kirby, Bevan R Robson, Jennifer M Robson

Application Date: 2 June 2016

Proposal: Reconfiguring a Lot (1 Lot into 2 Lots)

Street Address: 275 Dingo Pocket Road, Dingo Pocket

Real Property Description: 2RP741186

Site Area: Existing Proposed

Lot 2 - 23.91 ha Lot 1 - 6019m2

Lot 2 - 23.28ha

Access: Via Dingo Pocket Road

Existing Use of Site: Dwelling House and Banana Crop

Road Frontage: 68.4 metres to Dingo Pocket Road

Surrounding Land Uses: Dwellings and farmland

Vegetation: Cleared, banana crop & vegetation to rear of site

Topography: Generally flat however elevated at the rear extending into the ridgeline

FNQRP Zone: Regional Landscape and Rural Production Areae

Planning Instrument: Cassowary Coast Regional Planning Scheme 2015

Zone: Environmental Management and Conservation Zone/Rural Zone

Overlays: Bushfire Hazard Environmental Significance Flood Hazard Landslide Hazard Scenic Amenity Waterway Corridors and Wetlands

Referral Agencies: Department of Infrastructure, Local Government and Planning

Existing Approvals: Nil

No. of Submissions Not Applicable

Executive Summary:

Council is in receipt of an application for a Reconfiguring a Lot (1 Lot into 2 Lots). The application was prepared by Brazier Motty Pty Ltd on behalf of Robsons Bananas for the subdivision of an existing lot within the Rural Zone/Environmental Management and Conservation Zone on land described as Lot 2 on RP741186, situated at 275 Dingo Pocket Road, Dingo Pocket.



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4.1 DEV2016/0049 - DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT (1 LOT INTO 2 LOTS) ON LAND DESCRIBED AS LOT 2 ON RP741186, LOCATED AT 275 DINGO POCKET ROAD, DINGO POCKET (CONT'D…)

The application is Code Assessable and therefore public notification was not required. The proposed development triggered referral to Department of Infrastructure, Local Government and Planning (DILGP) as a Concurrence Agency for clearing vegetation. DILGP has issued reasonable and relevant conditions upon approval of this development application (SDA-0616-031071). The subject site is located within the Regional Landscape and Rural Production Area as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031. The Far North Queensland Regional Plan requirements are now incorporated into the Cassowary Coast Planning Scheme 2015. The applicant seeks to provide separate title to an existing house on the subject lot, resulting in its separation from the farming land at the rear. The rationalisation of the site is proposed in response to a coordinated strategy to manage Panama Tropical Race Four (TR4) soil disease. Although the proposed lot sizes do not meet the 60 hectare minimum area requirement of the Cassowary Coast Regional Council Planning Scheme Rural Zone Code, sufficient justification exists to approve the application for Reconfiguring a Lot (1 Lot into 2 Lots), subject to reasonable and relevant conditions. The reasons for this are: The threat from TR4 Panama Disease will be able to be quarantined and managed by

the ABGC to ensure that other banana farms in North Queensland are protected. The proposal will allow the current landowners to retain their home. The proposal will not negatively impact the character of the surrounding area. The proposed lots are of a sufficient area and dimension to accommodate the intended

land uses. Recommendation:

“That a Development Permit be issued for Reconfiguring a Lot (1 Lot into 2 Lots) on land described as Lot 2 on RP7741186, located at 275 Dingo Pocket Road, Dingo Pocket ", subject to the following conditions: Assessment Manager's Conditions: 1. Proposal: That the development be undertaken generally in accordance with the

application, documentation and plans in the table below, accepted by Council on 2 June 2016, all relating to Development Application - DEV2016/0049, excepting where varied by the following conditions.

Plan Number Plan Name Date

Job No. 41211/1-1 Plan No. 41211/001A

Proposed Reconfiguration Lots 1 and 2 Cancelling Lot 2 on RP741186

Dated 20 May 2016 Received by Council on 2 June 2016

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

with prior to the signing and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.



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3. Plan of Survey:

3.1 The reconfiguration of Lot 2 on RP741186 is conditional on the Australia Banana Growers' Council Inc. purchasing proposed Lot 2 for the purpose of the closure of farming activities on the land to seek to prevent the spread of Panama Disease TR4 from that property.

3.2 The Council will only release the signed plan of survey as part of a

lodgement in conjunction at the Titles Office of the plan and transfer documents between Jennifer M Robson and Bevan R Robson and the Australian Banana Growers' Council Inc.

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

external stormwater from the property is directed to a lawful point of discharge, such that stormwater does not adversely affect surrounding properties to the satisfaction of the Director Planning & Environmental Services.

5. Outstanding Rates: The applicant/owner is to ensure that all rates, interest and

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

6. Survey Marks: All existing survey marks are to be reinstated, new survey marks

are installed in accordance with the Plan of Survey, and a cadastral surveyor is to certify the survey work in writing, to the requirements and satisfaction of the Director of Planning & Environmental Services, prior to the endorsement of the Plan of Survey.

7. Declared Pests: The parcel of land is to be cleared of all Class 1, 2 and 3 declared

pests prior to the endorsement of the Plan of Survey and is be maintained at all times, to the satisfaction of the Director and Planning and Environmental Services.

8. Public Infrastructure/Utilities - Alterations: Any relocation or alteration to any

public utilities in association with works pertaining to this reconfiguration must be undertaken as required by the relevant service provider and at no cost to Council. This includes stormwater infrastructure.

Concurrence Agency Conditions: Department of Infrastructure, Local Government and Planning Concurrence Agency Conditions dated 16 June 2016. Reference: SDA-0616-031071. See Attachment Three. Assessment Managers Advice: a) Relevant Period: The relevant period for the development approval (Reconfiguring

a Lot) shall be two (2) years starting the day the approval is granted or takes effect. In accordance with Section 341(2) of the Sustainable Planning Act 2009 (SPA), the development approval for a reconfiguration of a lot lapses if a plan for the reconfiguration is not given to Council within the abovementioned relevant period;



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

b) Aboriginal Cultural Heritage: The applicant/owner is to ensure compliance with the requirements of the Aboriginal Cultural Heritage Act and in particular ‘the duty of care’ that it imposes all landowners, developers and the like;

c) Fees and Charges: When the plan of subdivision for the reconfiguring of a lot is

submitted to Council for endorsement, such plan shall be accompanied by the endorsement fee in accordance with Council’s Schedule of Fees and Charges;

d) Council Indemnity: The Council is indemnified against any claims arising from

works carried out by the Applicant/Owner on Council property; and e) Compliance with Laws: This approval does not negate the requirement for

compliance with all other relevant local laws and other statutory requirements."

Moved Cr G Raleigh Seconded Cr R Taylor Resolution Number P0019 "That the Recommendation be adopted." FOR - Unanimous CARRIED



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4.2 APPLICATION FOR PERMANENT ROAD CLOSURE

Author & Officer's Title: Isabella Newman - Graduate Planner Meeting Date: 11 August 2016 Attachments: 1. Locality Plan 2. Aerial View 3. Smart Map - CNS16/043P 4. Site Photos

Executive Summary:

Council is in receipt of correspondence requesting Council's views in relation to an application to permanently close an area of road abutting the eastern boundary of Lot 4 on C157261, situated at Stockton Road, Stockton and shown as Lot A on Drawing CNS16/043P. Recommendation:

“That the Department of Natural Resources and Mines be advised that Council offer no objection to the permanent closure of an area of road abutting the eastern boundary of Lot 4 on C157261, and shown as Lot A on Drawing CNS16/043P on the condition that the existing buildings (dwelling and outbuilding) situated within the esplanade (road reserve area) be demolished, as the closure will rectify the current building encroachment and not compromise access to the esplanade area."

Moved Cr M Nolan Seconded Cr G Raleigh Resolution Number P0020 "That the Recommendation be adopted." FOR - Unanimous CARRIED 9.30am Messrs D Trotter (Director Works) and V O'Brien (Manager Community Facilities and Open Spaces) entered the meeting.



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4.3 DELEGATIONS REPORT AND CURRENT APPLICATIONS

Recommendation:

“That the Delegations Report listing approvals issued by Planning Services for the month of July 2016 and current applications be noted and received."

Moved Cr G Raleigh Seconded Cr R Taylor Resolution Number P0021 "That the Recommendation be adopted." FOR - Unanimous CARRIED 9.40am Mr G Singh (Manager of Finance) entered the meeting at which time Mr V O'Brien left the meeting. 9.50am Mr V O'Brien entered the meeting.

5. DEVELOPMENT

5.1 MISSION BEACH AQUATIC FACILITY UPDATE - JULY 2016

Executive Summary:

The Council has been working with the local community at Mission Beach to provide an aquatic facility for over fifteen (15) years. In 2012 after much debate Council, confirmed MARCS Park as the site for the facility. In 2014 a site assessment was undertaken that identified MARCS Park as the most suitable site for the facility and a design development report was commissioned for this site. It was completed in late 2014. In 2015 two successful funding applications were submitted through the Australian Government's National Stronger Regions Fund and the Queensland Government's Building Our Regions Program, for the construction of the Mission Beach Aquatic Facility at MARCS Park. Early in 2016 an interim Project Manager was appointed to reinitiate the project and undertake the design review phase. A Project Manager for the remaining phases of the project has been appointed. In June 2016, CA Architects submitted an updated Design Development report to Council. This report has been reviewed by Council Officers and the Project Manager prior to progressing to the Contract Documentation phase. The updated design was presented to Council at a workshop on 18 July 2016 and to the Mission Beach Aquatic Facility Community Reference Group on 26 July 2016. This report includes the "Detailed Design Phase - Summary and Recommendations Report" and provides an update on the project progress to date.



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5.1 MISSION BEACH AQUATIC FACILITY UPDATE - JULY 2016 (CONT'D….) Recommendation:

“That Council: 1. receive and note the Mission Beach Aquatic Facility Update for July 2016; and 2. the Mission Beach Aquatic Facility Detailed Design Phase - Summary and

Recommendations and endorse the design included therein.”

Moved Cr G Raleigh Seconded Cr R Taylor Resolution Number P0021 "That the Recommendation be adopted." FOR - Crs G Raleigh, R Taylor, M Nolan, B Heath and J Baines

AGAINST - Cr W Kimberley CARRIED



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5.2 MISSION BEACH AQUATIC FACILITY MAIN CONTRACT PROCUREMENT PROCESS

Executive Summary:

Mission Beach Aquatic Facility (MBAF) project team have assessed the risks and intricacies of the delivery of the MBAF project in the development of the MBAF Procurement Plan which reflects the Queensland Code of Practice for Building and Construction Industry and Cassowary Coast Regional Council's Procurement Policy. The development of the MBAF Procurement Plan has included a high level review of the lessons learnt in the delivery of the Innisfail Library project as well as utilisation of the combined experience of the Project Manager and Principal Design Consultant (Architect). The plan recommends a two stage procurement process for the main contract commencing with an invitation for Expressions of Interest to be shortlisted prior to tender submission. Recommendation:

“That: 1. Council receive and note the Mission Beach Aquatic Facility Procurement Plan

dated 29 July 2016; and 2. In the public interest, Council undertake an Expression of Interest (EOI) process

for the construction of the Mission Beach Aquatic Facility prior to inviting written tenders. This process will ensure that contractors have the necessary skills and experience to provide a quality product that:

meets the project objectives;

reduces inherent project risk;

provides value-for-money; and

facilitates opportunities for local suppliers"

Moved Cr G Raleigh Seconded Cr B Heath Resolution Number P0022 "That the Recommendation be adopted." FOR - Unanimous CARRIED



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5. NOTICE OF MOTION

Nil

6. GENERAL BUSINESS

Nil

7. CONFIDENTIAL

Nil 10.30am There being no further business, the Chairperson declared the meeting closed. CONFIRMED AS A TRUE AND CORRECT RECORD THIS 25th DAY OF AUGUST 2016.

________________________________ Mayor

planning & development and environmental services ... · 8/11/2016 · cr mark nolan cr jeff...

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